MUUTMINNORLI 0:11 UNIHAMINI THAILA INL MIMI ARTES SCIENTIA VERITAS LIBRARY OF THE UNIVERSITY OF MICHIGAN him NAITHTIMHnnun É PLURIBUS UN Tiiſ tot Sr.QUAERIS PENINSULAMAMOENAM CI ACUMS MCS! ܬܝ $$$s INNIHINTOIATH Bulillll! Iilllllllllll EMULIHIIT MIG IUNI 350793 И 58 ТІ • М2 ? . COMPILED STATUTES OF THE UNITED STATES 121026 1901 EMBRACING THE STATUTES OF THE UNITED STATES OF A GENERAL AND PERMANENT NATURE IN FORCE MARCH 4, 1901 INCORPORATING UNDER THE HEADINGS OF THE REVISED STATUTES THE SUBSEQUENT LAWS, TOGETHER WITH EXPLAN- ATORY AND HISTORICAL NOTES Compiled by JOHN A. MALLORY ASSISTED BY MEMBERS OF THE PUBLISHERS' EDITORIAL STAFF MICIUNIV. IN THREE VOLUMES VOL. 1 ST. PAUL WEST PUBLISHING CO. 1902 COPYRIGHT, 1902, BY WEST PUBLISHING COMPANY. И СТИЛ PUBLISHERS' PREFACE. 's'3 11 lunced The Revised Statutes of the United States, enacted in 1874, em- braced the statutes, general and permanent in their nature, in force December 1, 1873. The second edition, known as the “Revised Statutes of 1878," incorporated in the text the specific amendments down to March 3, 1877, but gave marginal references, merely, to other statutes which might affect or modify the provisions of the Re- vised Statutes, and did not refer in any way to other new legislation. This is the latest authoritative edition. The laws passed since the Re- vision have been collected in successive Supplements, which really are nothing more than a condensation of the Statutes at Large, and reproduce the laws in chronological order, not revised or consolidated. As the Supplements have accumulated, the search to ascertain the law in force has become continuously more laborious, not only from the increasing number of the Supplements, but because many provisions contained in them, as well as in the Revised Statutes, have been re- pealed or superseded or amended (and often reamended) by later pro- visions. | This new compilation collects and presents all the laws, general and permanent in their nature, now in force, arranged according to sub- ject-matter, under the familiar titles, chapters, and sections of the Re- vised Statutes. It contains not only all provisions amendatory or sup- plementary to those of the Revised Statutes, but everything that should be included in a new revision if one were now to be made. The purpose has been to present in the text only the law actually exist- ing; therefore, acts and parts of acts that are merely local, special, temporary, and expired, repealed, or for which a substitute in express terms is provided, are omitted, and all matter directed by amendatory acts to be added, inserted, or substituted is incorporated. The method sometimes pursued of indicating changes by italics and brackets would have been impracticable in this work, because of the number and ex- tent of the amendments, which often repeatedly change the provisions of the saine section. But no change in the language, either of the Revised Statutes or of the subsequent acts, has been made without express and statutory authority, and in all such cases references to the statutory authority have been inserted, with explanatory notes. In preparing the Revised Statutes, the Commissioners excluded the (iii) iv PREFACE. acts relating to the local government and local law of the District of Columbia, and as to that subject this compilation is restricted, of necessity, to the scope of the title in the Revised Statutes. For like reasons it has seemed expedient to exclude, also, the provisions re- lating to the local government and local law of the several Territories, and to the Indians. These provisions, with the Territorial Codes, etc., are local and special, and to a great extent temporary, yet are so extensive that if included they would add volumes to this work. Con- sequently all such provisions have been omitted. The notes under the separate sections and provisions cite the acts, etc., originally incorporated in the Revised Statutes or inserted in this compilation, including all amendatory acts. They also explain fully the course of legislation relative to the subject, subsequent to the Revised Statutes, indicating the changes made, and, whenever useful, stating the purport or setting forth the language of provisions omitted. This was intended to obviate need of recourse to the Statutes at Large; but citations of those statutes are given, also, for all provisions so en- tirely abrogated as to be omitted from the text. Full explanations are also given in the notes as to the context of the provisions inserted, and as to related or similar or conflicting provisions in other places in the compilation, with any incidental matters which may aid in construc- tion. Cross-references to related provisions are also copiously pro- vided. The classification and sectioning of the Revised Statutes have been retained. The new provisions, if not incorporated in the Statutes amended, have been inserted, so far as practicable, so as to follow the sections or chapters of the Revised Statutes with which they are most nearly connected. Those which could not be so inserted, because relating to subjects upon which Congress had not acted until after the Revision, have been placed under new titles, or under new chapters of the existing titles, in such order as seemed appropriate in each case. The numbers of the original sections of the Revised Statutes and of the chapters and sections of the subsequent acts included are retained, so that reference may be made to this compilation with the same facility and certainty as to the original enactments. Lawyers who have Gould and Tucker's notes, or other annotations referring to the Statutes, can use them with the Compiled Statutes as readily as with the older edition. Besides the various aids to research accompanying the text, tables and indexes in every available form have been supplied. The "Refer- ence Index to the Revised Statutes,” showing the original acts, etc., incorporated in the Revision, has been reprinted. This is continued by a similar table (the chronological table printed on blue paper), show- ing the subsequent provisions incorporated in this compilation, and the PREFACE. V places wherein they are to be found. The sections of the Revised . Statutes amended, repealed, superseded, etc., by subsequent provisions, are arranged in a separate table with references to the acts amending, repealing, etc. Finally, a very copious index of subjects has been made, on the same general plan as the original Index to the Revised Statutes, but greatly enlarged, to include the new matter incorporated. The “Organic Laws of the United States,” including the Declara- tion of Independence, the Articles of Confederation, the Ordinance of 1787 for the Government of the Northwestern Territory, and the Constitution, with its Amendments, have been reprinted from the Revised Statutes of 1878, with the accompanying historical and ex- planatory footnotes and the Analytical Index to the Constitution, as they appeared therein, unchanged. The annotations of the Constitu- tion and the Amendments thereof, referring to the decisions of the Supreme Court thereon, have been extended to include the later de- cisions, to the present time. In the execution of this project of compiling the Statutes now in force, the publishers have been fortunate in having the work done under the immediate and personal supervision of Mr. John A. Mallory, whose work on the “Revised Statutes" and subsequent experience make him the best-fitted man in the United States to-day for the task of compiling the general laws. He has had the assistance of trained editors upon the staff of the publishers. To conform to the familiar classification and arrangement of the Revised Statutes, rather than, without authority, to introduce disturbing improvements, has been the controlling rule of the new compilation; yet, subject to this considera- tion, additions have been made freely. The proof has been read with special care, insuring absolute cor- respondence with the original enactments, while notes have been ap- pended to throw light upon any obscurity or misprint therein. Neith- er labor nor care has been spared to make the work complete and accurate in every way, and to facilitate reference to every enactment it contains. TABLE OF CONTENTS. VOLUME 1. Page Preface iii • • • .... Table of Titles and Chapters.. ix Table of Sections of the Revised Statutes which have been Ex- pressly Amended, Superseded, or Repealed..... xxi The Organic Laws of the United States of America- The Declaration of Independence—1776...... xli Articles of Confederation--1777.. xlvii The Northwest Territorial Government—1787... lvii Constitution of the United States—1787... lxiii Analytical Index to the Constitution of the United States and the Amendments thereto.. Compiled Statutes (Secs. 1-2206)... . 3-1353 су VOLUME 2. Compiled Statutes (Secs. 2207–4130). ... ......1354-2800 VOLUME 3. Compiled Statutes (Secs. 4131-5601).. .2801-3751 Appendix 3755 Reference Index to the Revised Statutes of the United States. . 3777 Chronological Table of Laws included in the Compiled Statutes of the United States... 3845 General Index to Vols. I to 3 of the Compiled Statutes of the United States..... 3865 VOL.1 LAWS '01 (vii)* TABLE OF TITLES AND CHAPTERS CONTAINED IN VOLS. I TO 3 OF The Compiled Statutes of the United States, 1901. VOLUME 1. TITLE I. GENERAL PROVISIONS. Chap. 1. Definitions..... 2. Form [and enactment] of statutes and effect of repeals Sec. 1 7 Page 3 5 or co TITLE II. 9 THE CONGRESS. 1. Election of Senators... 2. Apportionment and election of Representatives.. 3. Organization of meetings of Congress... 4. Compensation of Members.......... 5. Officers and persons in the employ of the Senate and House of Representatives.... 6. The Library of Congress.. 7. Congressional investigations.. 8. Contested elections...... 14 20 28 35 13 15 52 80 101 105 23 46 54 58 TITLE III. THE PRESIDENT. 1. Presidential elections...... 2. Office and compensation of the President. ... 131 152 66 75 TITLE IV. PROVISIONS APPLICABLE TO ALL THE EXECUTIVE DEPARTMENTS.... 158 78 TITLE V. 199 100 THE DEPARTMENT OF STATE VOL.1 LAWS '01 (ix) X TABLE OF TITLES AND CHAPTERS. Chap. TITLE VI. THE DEPARTMENT OF WAR Sec. 214 Page 109 TITLE VII. THE DEPARTMENT OF THE TREASURY. 1. The Department...... 2. The Secretary of the Treasury. 3. The Comptrollers.. 4. The Auditors 5. The Treasurer.... 6. The Register..... 7. The Commissioner of Customs.. 8. The Commissioner of Internal Revenue. 9. The Comptroller of the Currency.. 10. The Bureau of Statistics... 11. Bureau of the Mint. ... [11A. Bureau of Navigation] 233 245 263 276 301 312 316 319 324 334 343 122 135 147 152 179 183 185 186 188 191 197 198 TITLE VIII. THE DEPARTMENT OF JUSTICE...... 346 201 TITLE IX. THE POST-OFFICE DEPARTMENT......... 388 217 TITLE X. THE DEPARTMENT OF THE NAVY 415 233 TITLE XI. THE DEPARTMENT OF THE INTERIOR. 1. The Department.. 2. The Secretary of the Interior. 3. The General Land-Office.. 4. The Commissioner of Indian Affairs... 5. The Commissioner of Pensions.... 6. The Patent-Office..... 7. The Superintendent of Public Documents. 8. The Returns Office.... 9. The Office of Education ... [9A. The Office of the Commissioner of Railroads]. 437 441 446 462 470 475 497 512 516 248 252 255 261 267 270 277 278 279 280 --- TITLE XII. THE DEPARTMENT OF AGRICUI/TURE. [A. The Department and the Secretary of Agriculture] [B. The Weather Bureau)........ C. The Bureau of Animal Industry]............ 520 -- 284 295 299 TABLE OF TITLES AND CHAPTERS. xi [TITLE .XII A.] Chap. [THE DEPARTMENT OF LABOR)... Sec. Page 302 TITLE XIII. THE JUDICIARY. - 530 551 563 572 604 605 629 658 1. Judicial districts .... 2. District courts, organization. 3. District courts, jurisdiction.. 4. District courts, sessions... 5. Judicial circuits.... 6. Circuit courts, organization. 7. Circuit courts, jurisdiction.. 8. Circuit courts, sessions... [8A. Circuit courts of appeals] ..... 9. Supreme Court, organization. 10. Supreme Court, sessions..... 11. Supreme Court, jurisdiction... Provisions common to more than one court or judge.. 13. Habeas corpus...... 14. District attorneys, marshals, and clerks. 15. Juries.... 16. Fees... 17. Evidence.. 18. Procedure... 19. Limitations.... 20. The Court of Claims, organization and sessions... 21. The Court of Claims, jurisdiction, powers, and procedure. [21A. Court of private land claims].... 673 684 687 711 751 767 800 823 858 911 1043 1049 1059 306 446 455 463 485 485 501 529 546 557 563 564 576 591 597 623 630 658 680 725 729 732 764 - TITLE XIV. THE ARMY. 1. Organization.. 2. Retirement ... 3. Pay and allowances.... 4. The Military Academy. 5. Articles of War.... 6. Military prison... [6A. National military parks).. 1094 1243 1261 1309 1342 1344 778 883 891 926 942 974 975 TITLE XV. THE NAVY. 1. Organization 2. General provisions relating to officers... 3. Retired officers and men] of the Navy.... 4. Rank and precedence, promotion and advancement. 5. The Naval Academy... 6. Vessels and navy-yards (and naval stations] 7. General provisions relating to the Navy..... 8. Pay, emoluments, and allowances.. 9. The Marine Corps..... 10. Articles for the government of the Navy. 1362 1428 1443 1466 1511 1529 1547 1556 1596 1624 978 1015 1019 1029 1041 1051 1064 1066 1089 1100 xii TABLE OF TITLES AND CHAPTERS. TITLE XVI. Chap. THE MILITIA ..... Sec. 1625 Page 1121 TITLE XVII. ARMS, ARMORIES, AND ARSENALS [AND ORDNANCE AND FORTIFICATIONS]... 1662 1135 TITLE XVIII. DIPLOMATIC AND CONSULAR OFFICERS. 1. Diplomatic officers..... 2. Consular officers... 8. Provisions common to diplomatic and consular officers...... 1674 .. 1689 .. 1740 1149 1158 1190 TITLE XIX. PROVISIONS APPLICABLE TO SEVERAL CLASSES OF OFFICERS...... .. 1753 1198 TITLE XX. FLAG AND SEAL ... 1791 1225 TITLE XXI. SEAT OF GOVERNMENT, INCLUDING THE PUBLIC BUILDINGS (AND GROUNDS, PARKS, AND RESER- VATIONS] .... ... 1795 1227 TITLE XXII. THE STATES ... 1836 1256 TITLE XXIII. THE TERRITORIES ...... .... 1258 TITLE XXIV. CIVIL RIGHTS .... 1977 1259 TITLE XXV. CITIZENSHIP...... .... 1992 1268 TITLE XXVI. THE ELECTIVE FRANCHISE.. .... 2002 1271 TITLE XXVII. THE FREEDMEN... .... 2032 1274 TABLE OF TITLES AND CHAPTERS. xiii TITLE XXVIII. Chap. INDIANS.... Sec. Page 1279 TITLE XXIX. IMMIGRATION ... 2158 1280 TITLE XXX. NATURALIZATION....... 2165 1329 TITLE XXXI. THE CENSUS 2175 1335 VOLUME 2. TITLE XXXII. 2207 2234 THE PUBLIC LANDS. 1. Surveyors and deputy surveyors......... 2. Registers and receivers.. 3. Land-districts, general provisions respecting certain lands.. 4. Pre-emptions 5. Homesteads.. 6. Mineral lands and mining resources.. 7. Sale and disposal of the public lands. 8. Reservation and sale of town-sites on the public lands. 9. Survey of the public lands... [9A. Geological Survey].. 10. Bounty-lands... 11. Miscellaneous provisions relating to the public lands. 2257 2289 2318 2353 2380 2395 1354 1365 1373 1379 1386 1422 1442 1454 1471 1487 1491 1504 2414 2447 TITLE XXXIII. DUTIES UPON IMPORTS.. 2491 1625 TITLE XXXIV. COLLECTION OF DUTIES UPON IMPORTS. 1. Collection-districts, ports, and officers... 2517 2. Qualifications, pay, and duties of officers. 2613 3. Revenue cutters and boats... 2747 4. Entry of merchandise... 2766 5. Unlading... 2867 6. Appraisal... 2899 7. The bond and warehouse system 2954 8. Payment. 3009 9. Drawback.. 3015 10. Enforcement of duty-laws and punishment for violations.... 3058 11. Provisions applying to commerce with contiguous countries...... 3095 1705 1802 1850 1858 1907 1920 1941 1984 1988 2004 2024 xiv TABLE OF TITLES AND CHAPTERS. TITLE XXXV. Sec. .. 3140 3172 3232 3247 3335 3355 3387 INTERNAL REVENUE. Chap. 1. Oficers of internal revenue. 2. Of assessments and collections... 3. Special taxes.. 4. Distilled spirits.. 5. Fermented liquors.. 6. 6. Tobacco and snuff ... 7. Cigars... [7A. Opium]... [7B. Oleomargarine]. [7C. Filled cheese]. [7D. Mixed flour].. 8. Banks and bankers....... 9. Stamp-taxes on specific objects.. [9A. Incomes] .... 10. Legacies and successions... 11. Provisions common to several objects of taxation.. [11A. War Revenue] Page 2038 2063 2090 2104 2184 2195 2216 2226 2228 2235 2241 2246 2252 2259 2268 2271 2284 3407 3418 3441 TITLE XXXVI. DEBTS DUE BY OR TO THE UNITED STATES............ 3466 2313 TITLE XXXVII. COINAGE, WEIGHTS, AND MEASURES. ... 3495 2330 TITLE XXXVIII. THE CURRENCY... ... 3571 2386 TITLE XXXIX. LEGAL TENDER ..... 3584 2400 TITLE XL. THE PUBLIC MONEYS .... ... 3591 2403 TITLE XLI. APPROPRIATIONS... ... 3660 2432 TITLE XLII. THE PUBLIC DEBT ..... ... 3693 2475 TITLE XLIII. PUBLIC CONTRACTS.. ... 3709 2483 TABLE OF TITLES AND CHAPTERS. XV [TITLE XLIII A.] Chap. [PUBLIC BUILDINGS AND WORKS] Sec. Page 2512 | TITLE XLIV. THE PUBLIC PROPERTY....... .. 3748 2527 TITLE XLV. PUBLIC PRINTING, ADVERTISEMENTS, AND PUBLIC DOCUMENTS..... .. 8756 2532 TITLE XLVI. THE POSTAL SERVICE. 1. Post-offices and postmasters...... 2. Carriers, branch offices, and receiving-boxes.. 3. Mail-matter:... 4. Postage ..... 5. Postage-stamps and envelopes.. 6. Registered letters.. 7. Unclaimed, dead, and request letters.. 8. Contracts for carrying the mails... 9. Carrying the mail.. 10. Railway service... 11. Foreign mail-service..... 12. Special, local, and route agents.. 13. The money-order system... 14. Accounts and revenues... 3829 3865 3875 3896 3914 3926 3930 3941 3964 3997 4006 4017 ... 4027 4049 2607 2633 2644 2662 2677 2685 2688 2691 2707 2717 2725 2732 2740 2753 TITLE XLVII. . FOREIGN RELATIONS.. .. 4062 2755 VOLUME 3. 3 TITLE XLVIII. REGULATION OF COMMERCE AND NAVIGATION. 1. Registry and recording.... ... 4131 2. Clearance and entry....... 4197 3. Tonnage duties 4219 4. Discriminating duties.. 4228 5. Navigation .. 4233 6. Transportation of passengers and merchandise. 4252 7. Log-books...... 4290 8. Regulations for the suppression of piracy.... 4293 9. Summary trials for certain offenses against navigation laws...... 4300 2801 2839 2845 2856 2857 2929 2948 2950 2952 xvi TABLE OF TITLES AND CHAPTERS. TITLE XLIX. Chap. Sec. REGULATION OF VESSELS IN FOREIGN COMMERCE.. 4306 Page 2955 TITLE L. REGULATION OF VESSELS IN DOMESTIC COMMERCE 4311 2957 TITLE LI. REGULATION OF FISHERIES 4391 2998 TITLE LII. REGULATION OF STEAM-VESSELS. 1. Inspection ... 2. Transportation of passengers and merchandise.... 4399 4463 3014 3044 TITLE LIII. MERCHANT SEAMEN. 1. Shipping-commissioners. 2. Shipment ....... 3. Wages and effects..... 4. Discharge ...... 5. Protection and relief. 6. Fees of shipping-commissioners.... 7. Offenses and punishments .. 4501 4509 4524 4549 4554 4592 4596 3061 3067 3075 3088 3091 3111 3112 TITLE LIV. PRIZE.... 4613 3126 TITLE LV. LIGHTS AND BUOYS.... .4653 3140 TITLE LVI. THE COAST SURVEY ....4681 3149 [TITLE LVI A.] [REGULATION OF INTERSTATE AND FOREIGN COMMERCE.] 1. Regulation of common carriers. 2. Regulation of use of means of transportation..... 3. Inspection and regulation of importation, exportation, and trans- portation of live animals, meats, dairy products, and adulterated food, drugs, and liquors.... 4. Inspection and restriction of importation of teas. Restrictions on traffic in opium.. = 3153 3177 111 3182 3194 3198 TABLE OF TITLES AND CHAPTERS. xvii Chap, Sec. [TITLE LVI B.] [MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE]... Page 3200 [TITLE LVI C.] [NATIONAL TRADE UNIONS AND CONTROVERSIES BETWEEN CARRIERS AND THEIR EMPLOYES].......... - 3204 [TITLE LVI D.] [AGRICULTURAL COLLEGES AND EXPERIMENT STATIONS.] 1. Agricultural colleges. 2. Agricultural experiment stations.. 3212 3217 TITLE LVII. PENSIONS... .... 4692 3224 TITLE LVIII. THE PUBLIC HEALTH ... 4792 3305 TITLE LIX. HOSPITALS, ASYLUMS, AND CEMETERIES. 1. Hospital relief for seamen. 2. The Soldiers' Home.... 3. The National Home for Disabled Volunteer Soldiers. 4. The Government Hospital for the Insane 5. The Columbia Institution for the Deaf and Dumb.. [5 A. American Printing House for the Blind] 6. National cemeteries.... 4801 4814 1825 4838 4859 3320 3329 3336 3353 3364 3371 3375 ..... 4870 TITLE LX. PATENTS, TRADE-MARKS, AND COPYRIGHTS. 1. Patents...... 2. Trade-marks. 3. Copyrights... 4883 4937 4948 3380 3401 3405 TITLE LXI. BANKRUPTCY. 1. Definitions.. 2. Creation of courts of bankruptcy and their jurisdiction.... 3. Bankrupt........ 4. Courts and procedure therein.... 5. Officers, their duties and compensation.. 6. Creditors.. 7. Estates .. VOL.1 LAWS '01-b 3418 3420 3422 3428 3434 3442 3446 xviii TABLE OF TITLES AND CHAPTERS. TITLE LXII. NATIONAL BANKS. Chap. 1. Organization and powers.. 2. Obtaining and issuing circulating notes.. 3. Regulation of the banking business.. 4. Dissolution and receivership.... Sec. ... 5133 5157 5190 5220 Page 3453 3468 3485 3502 TITLE LXIII. RIVERS AND HARBORS...... ... 5244 3518 TITLE LXIV. RAILWAYS...... ... 5256 8563 ... TITLE LXV. TELEGRAPHS.. 5263 3579 TITLE LXVI. EXTRADITION 5270 3591 TITLE LXVII. NEUTRALITY. 5281 8599 TITLE LXVIII. REMISSION OF FINES, PENALTIES, AND FORFEI- TURES... 5292 3604 TITLE LXIX. INSURRECTION ...... .... 5297 3609 TITLE LXX. 3619 3623 CRIMES. 1. General provisions..... 5323 2. Crimes against the existence of the Government.. 5331 3. Crimes arising within the maritime and territorial jurisdiction of the United States.... 5339 4. Crimes against justice.... 5392 5. Crimes against the operations of the Government... 5413 6. Official misconduct, etc..... 5481 7. Crimes against the elective franchise and civil rights of citizens.. 5506 8. The punishment of accessories.. 5533 9. Prisoners and their treatment... 5536 3625 3653 3660 3701 3711 3717 3718 TITLE LXXI. THE SLAVE TRADE 5551 3732 TABLE OF TITLES AND CHAPTERS. xix TITLE LXXII. Chap. GUANO ISLANDS Sec. 5570 Page 3739 TITLE LXXIII. THE SMITHSONIAN INSTITUTION. ... 5579 3742 TITLE LXXIV. REPEAL PROVISIONS... ... 5595 3750 SECTIONS OF THE REVISED STATUTES WHICH HAVE BEEN Expressly Amended, Superseded, or Repealed. . . Page 9 11 11 11 12 38 39 42 44 45 45 48 63 63 67 71 72 73 74 84 88 91 .. Sec. 20. Superseded by Act Jan. 16, 1901, c. 93, $ 1..... 21. Superseded by Act Jan. 16, 1901, c. 93, § 2... 23. Superseded by Act Jan. 16, 1901, c. 93, $$ 3, 4. 24. Repealed by Act May 21, 1874, c. 187. 27. Amended by Act Feb. 14, 1899, c. 154. 65. Amended by Act Feb. 18, 1875, c. 80, § 1.... 67. Amended by Act Feb. 18, 1875, c. 80, § 1.... 74. Stricken out by Act Feb. 18, 1875, c. 80, $ 1. 77. Superseded by Act Jan. 12, 1895, c. 23, $ 73. 78. Amended by Act Jan. 22, 1874, c. 14.... 79. Amended by Act Feb. 18, 1875, c. 80.... 88-91. Superseded by Act Feb. 19, 1897, c. 265, § 1. 127. Amended by Act Mch. 2, 1875, c. 119, $ 1.. 127. Amended by Act Mch. 2, 1887, c. 318... 135. Superseded by Act Feb. 3, 1887, c. 90, $ 1... 136. Repealed by Act Feb. 3, 1887, c. 90, $ 3.. 141. Amended by Act Oct. 19, 1888, c. 1216, § 2.... 142. Superseded by Act Feb. 3, 1887, c. 90, $$ 4-7. 146-150. Repealed by Act Jan. 19, 1886, c. 4.. 166. Amended by Act May 28, 1896, c. 252, $ 3. 172. Repealed by Act Aug. 5, 1882, c. 389, § 4.. 180. Amended by Act Feb. 6, 1891, c. 113. 183. Amended by Act Mch. 2, 1901, c. 809, $ 3. 191. Repealed by Act July 31, 1894, c. 174, § 8... 194. Repealed by Act Mch. 2, 1895, c. 177, $ 8... 197. Amended by Act Feb. 27, 1877, c. 69, $ 1. 198. Superseded by Act Jan. 12, 1895, c. 23, § 73... 204. Amended by Act Dec. 28, 1874, c. 9... 215. Amended by Act Feb. 27, 1877, c. 69, § 1. 221-223. Superseded by Act Oct. 1, 1890, c. 1266.. 225. Amended by Act Feb. 27, 1877, c. 69, $ 1... 229. Repealed in part by Act Mch. 2, 1893, c. 177, § 1.. 235. Superseded by Act Mch. 3, 1875, c. 130, $ 2.. 237. Amended by Act Oct. 1, 1890, c. 1256, $ 9.... 239. Amended by Act Feb. 18, 1875, c. 80. 250. Repealed by Act July 31, 1894, c. 174, § 12. 252. Stricken out by Act Feb. 27, 1877, c. 69, $ 1.. 256. Repealed by Act June 22, 1874, c. 393... 259. Amended by Act Feb. 27, 1877, c. 69. 269. Repealed by Act July 31, 1894, c. 174, § 11. 270. Repealed by Act July 31, 1894, c. 174, $ 8. 271. Amended by Act July 31, 1894, c. 174, § 6.... 272. Repealed by Act July 31, 1894, c. 174, § 12.. 273. Repealed by Act July 31, 1894, c. 174, $ 7. 275. Repealed by Act July 31, 1894, c. 174, $ 7... 283. Repealed in part by Act July 31, 1894, c. 174, § 10... 284. Amended by Act Feb. 18, 1875, c. 80.... VOL.1 LAWS '01 (xxi) • 92 95 97 97 99 103 110 117 118 119 124 130 131 138 138 141 145 151 151 151 151 151 152 170 170 xxii SECTIONS OF THE REVISED STATUTES WHICH HAVE BEEN . • • . . • • • Sec. 304. Amended by Act Mch. 31, 1886, c. 41. 305. Repealed in part by Act July 31, 1894, c. 174, § 11. 307. Amended by Act July 31, 1894, c. 174, § 16. 311. Repealed by Act Mch. 29, 1894, c. 48... 313. Repealed by Act July 31, 1894, c. 174, § 10. 316-318. Superseded by Act July 31, 1894, c. 174, 88 4, 5, 8 330. Amended by Act Feb. 18, 1875, c. 80. 333. Amended by Act Feb. 18, 1875, c. 80. 335. Amended by Act Feb. 27, 1877, c. 69. 386. Repealed in part by Act Feb. 12, 1889, c. 135, $ 2.... 391-392. Amended by Act Mch. 5, 1874, c. 46.. 407. Amended by Act Jan. 22, 1894, c. 17... 413. Amended by Act Mch. 3, 1897, c. 385, $ 1. 424. Amended by Act June 7, 1900, c. 859, $ 1. 448 449. Repealed by Act Mch. 2, 1895, c. 177, $ 3. 453. Amended by Act Feb. 18, 1875, c. So... 456. Amended by Act July 31, 1894, c. 174, § 7. 461. Amended by Act April 2, 1888, c. 54. 493. Amended by Act May 19, 1896, c. 204. 497-511. Superseded by Act Jan. 12, 1895, c. 23. 521. Superseded by Act Feb. 9, 1889, c. 122.. 527. Amended by Act April 25, 1896, c. 140, $ 1. 531. Amended by Act Feb. 12, 1901, c. 355, $ 1. 531. Amended by Act Jan. 22, 1901, c. 105, $ 1. 533. Superseded by Act Feb. 20, 1897, c. 269. 537. Superseded by Act July 20, 1882, c. 312. 539. Superseded by Act June 15, 1882, c. 218. 540. Superseded by Act Feb. 28, 1887, c. 271. 541. Amended by Act Feb. 18, 1875, c. 80... 541. Amended by Act May 12, 1900, c. 391, $ 1.. 548. Superseded by Act Feb. 24, 1879, c. 97... 553. Repealed by Act Mch. 13, 1896, c. 52.. 556. Amended by Act Jan. 31, 1877, c. 41... 560. Superseded by Act July 20, 1882, c. 312. 563. Amended by Act Feb. 28, 1871, c. 100, $ 57... 571. Repealed by Act Feb. 16, 1889, c. 113, § 5... 572. Superseded in part by Act Feb. 16, 1889, c. 113, § 5. 614. Superseded by Act Mch. 3, 1891, c. 517, $ 4... 627. Superseded by Act May 28, 1896, c. 252, § 19. 628. Superseded by Act May 28, 1896, c. 252, § 20... 629. Amended by Act Mch. 3, 1875, c. 137.. 631-633. Superseded by Act Mch. 3, 1891, c. 517, 88 4-6. 634. Repealed by Act June 22, 1874, c. 401, $ 5.... 635. Superseded by Act Mch. 3, 1891, c. 517, $$ 4–6, 11. 636. Superseded by Act Mch. 3, 1891, c. 517, 88 4-6, 10. 637. Amended by Act Feb. 27, 1877, c. 69. 639. Superseded by Act Mch. 3, 1875, c. 137, 88 2, 3, 7, 9. 639. Superseded by Act Mch. 3, 1887, c. 373, $ 1. 639. Superseded by Act Aug. 13, 1888, c. 866, § 1.. 640. Repealed by Act Mch. 3, 1887, c. 373, 8 6... 643. Amended by Act Mch. 3, 1875, c. 130, § 8... 651-652. Superseded by Act Mch. 3, 1891, c. 517, § 4.. 658. Superseded in part by Act Mch. 3, 1891, c. 517, 84.. 691. Repealed by Act Mch. 3, 1891, c. 517, § 14. ... 692. Superseded by Act Mch. 3, 1891, c. 517, 88 4-6. 693. Superseded by Act Mch. 3, 1891, c. 517, 88 4-6. 697. Superseded by Act Mch. 3, 1891, c. 517, $$ 4-6. 699. Superseded by Act Mch. 3, 1891, c. 517, $$ 4–6. 701. Superseded by Act Mch, 3, 1891, c. 517, 8 10. 705–706. Superseded by Act Mch. 3, 1885, c. 355. 705-706. Superseded by Act Feb. 9, 1893, c. 74. 709. Amended by Act Feb. 18, 1875, c. 80... Page 180 180 181 183 183 185 189 190 192 215 220 228 230 241 256 257 258 260 276 277 285 290 316 316 319 349 377 384 394 394 421 449 451 453 455 463 464 494 499 501 503 518 518 518 519 519 520 520 520 520 521 527 530 566 566 566 568 568 571 573 573 575 EXPRESSLY AMENDED, SUPERSEDED, OR REPEALED. xxiii . Sec. 711. Amended by Act Feb. 18, 1875, c. 80.. 738. Superseded by Act Mch. 3, 1875, c. 137, $ 8. 739. Superseded by Act Mch. 3, 1875, c. 137, 8 1.. 739. Superseded by Act Mch. 3, 1887, c. 373, 8 1. 739. Superseded by Act Aug. 13, 1888, c. 866, § 1.... 744. Superseded by Act July 20, 1882, c. 312, $ 9. 764. Amended by Act Mch. 3, 1885, c. 353. 766. Amended by Act Mch. 3, 1893, c. 226.... 768. Superseded by Act July 20, 1882, c. 312, $ 3.. 777. Superseded by Act April 25, 1882, c. 87, § 1.. 778. Superseded by Act July 20, 1882, c. 312, $ 3. 781. Superseded by Act May 28, 1896, c. 252, § 9.. 797. Amended by Act Mch. 1, 1879, c. 125, $ 2. 800. Repealed in part by Act June 30, 1879, c. 52, $ 2. 801. Repealed by Act June 30, 1879, c. 52, § 2.. 806. Amended by Act Mch. 23, 1882, c. 48, $ 3. 820. Repealed by Act June 30, 1879, c. 52, & 2. 820. Repealed by Act May 13, 1884, c. 46, § 4. 821. Repealed by Act June 30, 1879, c. 52, $ 2. 821. Repealed by Act May 13, 1884, c. 46, $ 4.. 835. Superseded by Act May 28, 1896, c. 252, 88 6, 7.. 838. Amended by Act Feb. 27, 1877, c. 69.... 841. Superseded by Act May 28, 1896, c. 252, $$ 6, 9-12... 847. Superseded by Act May 28, 1896, c. 252, $$ 19, 21. 864. Amended by Act May 23, 1900, c. 541.... 902. Amended by Act Jan. 31, 1879, c. 39, 8 1. 903. Amended by Act Jan. 31, 1879, c. 39, § 2. 904. Amended by Act Jan. 31, 1879, c. 39, 3.. 941. Amended by Act Mch. 3, 1899, c. 441. 953. Amended by Act June 5, 1900, c. 717, § 1. 996. Amended by Act Feb. 19, 1897, c. 265, $ 3. 1007. Amended by Act Feb. 18, 1875, c. 80... 1011. Amended by Act Feb. 18, 1875, c. 80.. 1044. Amended by Act April 13, 1876, c. 56... 1059. Amended by Act Feb. 18, 1875, c. 80.. 1079. Repealed by Act Mch. 3, 1887, c. 359, $ 8.. 1090. Superseded by Act Sept. 30, 1890, c. 1126. 1094. Superseded by Act Feb. 2, 1901, c. 192, $ 1. 1095–1096. Superseded by Act June 1, 1888, c. 338... 1097. Amended by Act Feb. 27, 1877, c. 69.. 1099. Superseded by Act Feb. 2, 1901, c. 192, $$ 3-9. 1100-1101. Superseded by Act Mch. 2, 1899, c. 352, $ 3. 1102–1103. Superseded by Act Feb. 2, 1901, c. 192, § 2.... 1106-1107. Superseded by Act Feb. 2, 1901, c. 192, § 10.... 1110. Amended by Act Feb. 27, 1877, c. 69. . 1111. Amended by Act Mch. 2, 1901, c. 804. 1115. Superseded by Act Feb. 2, 1901, c. 192, § 36.. 1118. Amended by Act Feb. 27, 1877, c. 69. . 1119. Superseded by Act Aug. 1, 1894, c. 199, $ 2. 1121. Superseded by Act Feb. 2, 1901, c. 192, $ 12. 1126. Amended by Act Feb. 27, 1877, c. 69. . 1128. Superseded by Act Feb. 2, 1901, c. 192, § 13.... 1129. Superseded by Act Feb. 2, 1901, c. 192, $ 26. 1131. Superseded by Act Feb. 2, 1901, c. 192, § 14. 1131. Superseded by Act Mch. 2, 1901, c. 803. 1132. Amended by Act Feb. 27, 1877, c. 69.. 1136. Amended by Act Feb. 27, 1877, c. 69. 1137. Amended by Act Feb. 27, 1877, c. 69. 1139. Amended by Act Feb. 27, 1877, c. 69. 1140. Superseded by Act Feb. 2, 1901, c. 192, § 17.... 1146. Superseded by Act Feb. 2, 1901, c. 192, § 40. 1151. Superseded by Act Feb. 2, 1901, c. 192, $ 22. Page 577 587 587 587 587 589 595 597 600 605 605 606 620 623 625 626 630 630 630 630 643 644 646 652 663 676 676 676 692 696 711 714 715 725 734 743 746 783 806 807 807 808 808 809 810 810 813 814 815 818 819 820 820 820 820 821 82+ S25 S25 826 828 829 xxiv SECTIONS OF THE REVISED STATUTES WHICH HAVE BEEN .. Sec. 1154-1155. Superseded by Act Feb. 2, 1901, c. 192, § 11. , .... 1139. Superseded by Act Feb. 2, 1901, c. 192, & 23. 1160. Superseded by Act Feb. 2, 1901, c. 192, & 26. 1161. Superseded by Act June 23, 1874, c. 458, 88 5, 7..... 1162. Amended by Act Feb. 27, 1877, c. 69..... 1163. Amended by Act Feb. 27, 1877, c. 69... 1167. Amended by Act Feb. 27, 1877, c. 69. 1168. Superseded by Act June 23, 1874, c. 458, SS 4, 7, 8. 1168. Superseded by Act Feb. 2, 1901, c. 192, § 18... 1170. Superseded by Act June 23, 1874, c. 458, § 4.... 1171. Superseded by Act July 27, 1892, c. 270, SS 1, 3.... 1173. Superseded by Act July 27, 1892, c. 272, SS 1, 3. 1174. Amended by Act Feb. 27, 1877, c. 69.. 1176. Superseded by Act Mch. 3, 1879, c. 173... 1179-1181. Superseded by Act Mch. 1, 1887, c. 311.. 1179-1181. Superseded by Act Feb. 2, 1901, c. 192, $ 18. 1182. Superseded by Act Feb. 2, 1901, c. 192, § 21. 1191. Amended by Act Feb. 27, 1877, c. 69.. 1194. Repealed by Act June 23, 1874, c. 458, $ 8. 1194. Repealed by Act Mch. 3, 1875, c. 126, § 4. 1194. Repealed by Act Mch. 3, 1875, c. 142... 1194. Repealed by Res. Mch. 3, 1875, No. 7.... 1194. Repealed by Act Mch. 3, 1877, c. 100.... 1195. Superseded by Act Oct. 1, 1890, c. 1266.. 1195. Superseded by Act Feb. 2, 1901, c. 192, $ 24. 1196. Superseded by Act Oct. 1, 1890, c. 1266, $$ 6-8. 1196. Superseded by Act Feb. 2, 1901, c. 192, § 24... 1198. Superseded by Act July 5, 1884, c. 218. 1198. Superseded by Act Feb. 2, 1901, c. 192, $ 15. 1200. Superseded by Act July 5, 1884, c. 218.. 1200. Superseded by Act Feb. 2, 1901, c. 192, § 15. 1204. Superseded by Act Oct. 1, 1890, c. 1241.. 1204. Superseded by Act Feb. 2, 1901, c. 192, $8 26–28.. 1205. Superseded by Act Feb. 2, 1901, c. 192, 88 26–28.. 1206-1208. Superseded by Act Oct. 1, 1890, c. 1241. 1206-1208. Superseded by Act Feb. 2, 1901, c. 192, 88 22, 26-28. 1213. Superseded by Act May 17, 1886, c. 338. 1214. Superseded by Act July 30, 1892, c. 328... 1215. Superseded by Act May 17, 1886, c. 338. 1215. Superseded by Act July 30, 1892, c. 328 1216. Amended by Act Feb. 9, 1891, c. 122, § 1.. 1216. Amended by Act Mch. 29, 1892, c. 25... 1218. Repealed by Act Mch. 31, 1896, c. 84... 1220. Amended by Act Feb. 27, 1877, c. 69. 1221. Amended by Act Feb. 27, 1877, c. 69. 1224. Amended by Act Feb. 27, 1877, c. 69. 1225. Amended by Act Sept. 26, 1888, c. 1037... 1233. Repealed by Act Jan. 29, 1879, c. 34. 1240. Superseded by Act June 18, 1878, c. 263, $ 5.. 1270. Amended by Act Feb. 27, 1877, c. 69. 1271-1272. Superseded by Act June 18, 1878, c. 263, $$ 8, 9. 1271-1272. Superseded by Act Feb. 24, 1881, c. 79. 1273. Superseded by Act July 24, 1876, c. 226, $ 2. 1273. Superseded by Act Mch. 2, 1901, c. 803.. 1278. Repealed by Act Mch. 2, 1901, c. 804.... 1279. Amended by Act Feb. 27, 1877, c. 69. 1280. Amended by Act Feb. 27, 1877, c. 69.... 1289. Amended by Act Feb. 27, 1877, c. 69.... 1290. Amended by Act Feb. 27, 1877, c. 69. 1297. Superseded by Act July 16, 1892, c. 195. 1306. Amended by Act Mch. 3, 1883, c. 93.... 1309. Amended by Act Feb. 18, 1896, c. 22. Page 830 831 832 832 832 832 833 831 834 836 836 837 837 838 839 839 841 814 845 345 845 815 815 816 846 816 846 848 818 848 848 849 819 851 852 852 85+ 855 855 853 857 857 858 858 859 861 861 873 875 899 901 901 901 901 907 907 907 915 916 922 925 927 EXPRESSLY AMENDED, SUPERSEDED, OR REPEALED. XXV ... Sec. Page 1315. Superseded by Act June 6, 1900, c. 792, 8 4. 931 1319. Amended by Act Mch. 2, 1901, c. 804.. 932 1336. Amended by Act June 23, 1879, c. 35, § 4.. 936 1337. Amended by Act Feb. 27, 1877, c. 69, § 1. 937 1338. Amended by Act Mch. 2, 1901, c. 804.. 937 1342. Art. 17. Amended by Act July 27, 1892, c. 272, § 1..... 947 Art. 26. Amended by Act Feb. 27, 1877, c. 69, $ 1. 919 Art. 38. Amended by Act Feb. 18, 1875, c. 80... 951 Art. 38. Amended by Act Feb. 27, 1877, c. 69, § 1.... 931 Art. 60. Amended by Act Mch. 2, 1901, c. 809, $ 5. 955 Art. 72. Amended by Act July 5, 1884, c. 224. 959 Art. 80. Repealed by Act June 18, 1898, c. 469, $ 2.... 960 Art. 82. Amended by Act Feb. 18, 1875, c. 80. 960 Art. 33. Amended by Act Mch, 2, 1901, c. 809, $ 4. 963 Art. 84. Amended by Act July 27, 1892, c. 272, $ 1. 964 Art. 94. Repealed by Act Mch. 2, 1901, c. 809, $ 2. 966 Art. 103. Amended by Act April 11, 1890, c. 78.... 968 Art. 104. Amended by Act July 27, 1892, c. 272, $ 1..... 968 Art. 110. Repealed by Act June 18, 1898, c. 469, $ 2. 969 1344-1361. Superseded by Act Mch. 2, 1895, c. 189. 974 1363–1364. Superseded by Act Aug. 5, 1882, c. 391, § 1.... 981 1363–1364. Superseded by Act Mch. 3, 1899, c. 413, $ 7. 981 1368. Superseded by Act Aug. 5, 1882, c. 391, $ 1.. 988 1368. Superseded by Act June 7, 1900, c. 859. 988 1370. Amended by Act May 14, 1898, c. 234.. 991 1371. Superseded by Act Feb. 13, 1897, c. 221. 991 1375. Amended by Act Feb. 27, 1877, c. 69. ... 992 1376-1377. Superseded by Act Aug. 5, 1882, c. 391, § 1.... 992 1376-1377. Superseded by Act Mch. 3, 1899, c. 421. 992 1390. Superseded by Act Aug. 5, 1882, c. 391, $ 1.... 995 1390. Superseded by Act Mch. 3, 1899, c. 413, $$ 1-7.... 995 1391–1392. Superseded by Act Aug. 5, 1882, c. 391, $ 1. 995 1391-1392. Superseded by Act Mch. 2, 1889, c. 396, § 1. 995 1394. Superseded by Act Aug. 5, 1882, c. 391, § 1... 996 1394. Superseded by Act Mch. 2, 1889, c. 396, § 1. 996 1417. Amended by Act June 30, 1876, c. 159.... 1005 1417. Amended by Act May 12, 1879, c. 5.... 1005 1418. Amended by Act May 12, 1879, c. 5.... 1007 1418. Amended by Act Feb. 23, 1881, c. 73, $ 2. 1007 1419. Amended by Act May 12, 1879, c. 5... 1007 1419. Amended by Act Feb. 23, 1881, c. 73, § 2... 1007 1420. Amended by Act May 12, 1879, c. 5.. 1008 1420. Amended by Act Feb. 23, 1881, c. 73, § 2.. 1008 1422. Amended by Act Mch. 3, 1875, c. 155.. 1009 1460. Superseded by Act Aug. 5, 1882, c. 391, $ 1. 1026 1461. Superseded by Act Aug. 5, 1882, c. 391, § 1. 1026 1472. Superseded by Act Mch. 3, 1899, c. 413, $ 7.. 1031 1476. Superseded by Act Mch. 3, 1899, c. 413, SS 1-7... 1032 1477. Superseded by Act Mch. 3, 1899, c. 413, $ 10... 1032 1480. Amended by Act Feb. 27, 1877, c. 69. 1033 1483. Superseded by Act Aug. 5, 1882, c. 391, $ 1. 1034 1483. Superseded by Act Mch, 2, 1889, c. 396, § 1.. 1031 1484. Superseded by Act Mch. 3, 1899, c. 413, 88 1-7.. 1034 1486. Amended by Act Mch. 3, 1881, c. 150.. 1035 1506. Amended by Act June 17, 1878, c. 260.. 1040 1512. Superseded by Act Aug. 5, 1882, c. 391, $ 1.. 1042 1513. Amended by Act June 17, 1878, c. 260. 1043 1514. Amended by Act July 26, 1894, c. 165, § 1...... 1043 1521. Repealed in part and superseded by Act Aug. 5, 1882, c. 391, § 1... 1046 1521. Repealed in part and superseded by Act Mch. 2, 1889, c. 396, § 1... 1046 1522-1525. Superseded by Act Aug. 5, 1882, c. 391, § 1. 1049 xxvi SECTIONS OF THE REVISED STATUTES WHICH HAVE BEEN Page 1049 1052 1052 1032 1075 1076 1077 1077 1081 1087 1090 1093 1033 1093 1095 1102 Sec. 1522-1525. Superseded by Act Mch. 2, 1889, c. 396, § 1. 1529-1530. Superseded by Act Mch. 3, 1901, c. 852... 1531. Superseded by Act May 4, 1898, c. 234. 1531. Superseded by Act Mch. 3, 1901, c. 852.. 1561. Superseded by Act June 22, 1874, c. 392, $ 1.. 1565. Superseded by Act Mch. 3, 1899, c. 413, $ 7. 1566. Superseded by Act Aug. 5, 1882, c. 391, $ 1. 1566. Superseded by Act June 7, 1900, c. 859.. 1573. Amended by Act Mch. 3, 1899, c. 413, § 16. 1591. Superseded by Act Aug. 5, 1882, c. 391, $ 1. 1596-1597. Superseded by Act Mch. 3, 1899, c. 413, $$ 18, 22-24. 1599. Superseded by Act Mch. 3, 1899, c. 413, & 20. 1601, Superseded by Act Mch. 3, 1899, c. 413, § 18. 1602. Superseded by Act Mch. 3, 1899, c. 413, $ 22. 1608. Superseded by Act Mch. 3, 1901, c. 852.... 1624. Amended by Act Feb. 25, 1895, c. 128. 1624. Art. 19. Amended by Act May 12, 1879, c. 5... 1645–1647. Superseded by Act April 22, 1898, c. 187, $$ 6, 8, 9.. 1661. Amended by Act Feb. 12, 1887, c. 129, § 1.... 1661. Amended by Act June 6, 1900, c. 805.. 1672. Superseded by Act Sept. 22, 1888, c. 1028. 1675. Amended by Act Mch, 3, 1875, c. 153. 1676. Amended by Act Mch. 3, 1875, c. 153.. 1680. Repealed by Act Feb. 25, 1885, c. 150... 1681. Repealed by Act Feb. 25, 1885, c. 150. 1682. Amended by Act Mch. 3, 1875, c. 153. 1690. Amended by Act June 11, 1874, c. 275. 1692. Repealed by Act June 11, 1874, c. 275, $ 3. 1697. Amended by Act Dec. 21, 1898, c. 36, § 1. 1698. Amended by Act Dec. 21, 1898, c. 36, $ 2. 1712. Amended by Act June 18, 1888, c. 393.. 1713. Amended by Act June 18, 1888, c. 393. 1734. Amended by Act Dec. 21, 1898, c. 36, $ 3. 1741. Superseded by Act June 17, 1874, c. 294. 1751. Superseded by Act June 17, 1874, c. 294.. 1756. Repealed by Act May 13, 1884, c. 46, § 2.. 1762. Superseded by Act Mch. 3, 1887, c. 353, & 1.. § 1767-1772. Repealed by Act Mch. 3, 1887, c. 353, § 1... 1786-1787. Superseded by Act June 6, 1898, c. 389. 1817. Superseded by Act Aug. 15, 1876, c. 287, § 1. 1817. Superseded by Act Mch. 3, 1881, c. 130, $ 1. 2002. Repealed by Act Feb. 8, 1894, c. 25, $ 1... 2005-2031. Repealed by Act Feb. 8, 1894, c. 25, $ 1.. 2034. Amended by Act Feb. 27, 1877, c. 69.... 2169. Amended by Act Feb. 18, 1875, c. 80. 2175-2206. Superseded by Act Mch. 3, 1899, c. 419. 2234. Amended by Act Jan. 27, 1898, c. 10.. 2238. Subd. 6. Amended by Act Dec. 17, 1880, c. 2.. 2256. Superseded by Act July 31, 1876, c. 246, and other acts... 2257–2274. Repealed by Act Mch. 3, 1891, c. 561, § 4..... 2275. Amended by Act Feb. 28, 1891, c. 384. 2276. Amended by Act Feb. 28, 1891, c. 384. 2277-2285. Repealed by Act Mch. 3, 1891, c. 561, $ 4.. 2287. Repealed by Act Mch. 3, 1891, c. 561, $ 4... 2288. Amended by Act Mch. 3, 1891, c. 561, $ 3. 2289. Amended by Act Men. 3, 1891, c. 561, $ 5. 2290. Amended by Act Mch. 3, 1891, c. 561, $ 5.. 2294. Amended by Act May 26, 1890, c. 355. 2297. Amended by Act Mch. 3, 1881, c. 153.. 2801. Amended by Act Mch. 3, 1891, c. 561, $ 6. . . . 1110 1127 1131 1131 1141 1150 1153 115+ 1154 1155 1159 1173 1171 1175 1181 1182 1188 1191 1197 1201 1205 1209 1214 1238 1238 1271 1272 1276 1333 1336 1366 1367 1376 1379 1381 1382 1385 1385 1385 1388 1389 1396 1393 1406 EXPRESSLY AMENDED, SUPERSEDED, OR REPEALED. xxvii • • • • • Sec. 2303. Repealed by Act July 4, 1876, c. 165. 2304. Amended by Act Mch. 1, 1901, c. 674.. 2305. Amended by Act Mch. 1, 1901, c. 674.... 2317. Repealed by Act June 14, 1878, c. 190.. 2324. Amended by Act Jan. 22, 1880, c. 9, § 2 2325. Amended by Act Jan. 22, 1880, c. 9, § 2 2399. Amended by Act Oct. 1, 1890, c. 1262. 2399. Amended by Act Aug. 15, 1894, c. 288. 2401. Amended by Act Aug. 20, 1894, c. 302, § 1... 2403. Amended by Act April 27, 1876, c. 84.. 2403. Amended by Act Mch. 3, 1879, c. 170.. 2403. Amended by Act Aug. 20, 1894, c. 302, § 2 2450. Amended by Act Feb. 27, 1877, c. 69, $ 1. 2451. Amended by Act Feb. 27, 1877, c. 69, § 1. 2452. Repealed by Act Mch. 2, 1895, c. 177, $ 3. 2455. Amended by Act Feb. 26, 1895, c. 133. 2464–2468. Repealed by Act Mch. 3, 1891, c. 561, $ 1.... 2491-2516. Superseded by Act Mch. 3, 1883, c. 121, $ 6. 2517. Amended by Act Feb. 27, 1877, c. 69. 2517. Amended by Act June 20, 1878, c. 366. 2517. Amended by Act Feb. 17, 1881, c. 60, '8 1. 2518. Amended by Act Feb. 27, 1877, c. 69. 2518. Amended by Act Feb. 17, 1881, c. 60, § 2.. 2525. Amended by Act June 1, 1897, c. 2, § 1. 2526. Amended by Act June 4, 1897, c. 2, § 1.. 2527. Amended by Act Feb. 18, 1875, c. 80. 2527. Amended by Act Feb. 27, 1877, c. 69.. 2527. Amended by Act July 5, 1884, c. 232.. 2530. Amended by Act Feb. 27, 1877, c. 69. 2531. Amended by Act Feb. 18, 1875, c. 80.... 2533. Amended by Act Mch. 3, 1887, c. 318.. 2534. Amended by Act Mch. 3, 1887, c. 348, $ 2. 2536. Amended by Act Feb. 27, 1877, c. 69. 2545. Amended by Act Feb. 27, 1877, c. 69. 2552. Amended by Act May 27, 1880, c. 106, § 1. 2552. Amended by Act June 15, 1882, c. 219, § 1. 2552. Amended by Act June 1, 1886, c. 396.. 2552. Amended by Act Oct. 12, 1888, c. 1093, $ 1 2553. Amended by Act May 27, 1880, c. 106, $ 3. 2553. Amended by Act June 15, 1882, c. 219, $ 3.. 2555. Amended by Act Feb. 27, 1877, c. 69... 2568. Amended by Act Aug. 7, 1882, c. 447.. 2569. Amended by Act April 18, 1882, c. 83. 2570–2575. Repealed by Act Mch. 3, 1897, c. 389, § 16. 2578. Amended by Act Feb. 27, 1877, c. 69.. 2578. Amended by Act Sept. 25, 1890, c. 917. 2578. Amended by Act April 15, 1892, c. 47... 2578. Amended by Act June 3, 1892, c. 85.... 2579. Amended by Act Feb. 27, 1877, c. 69.... 2579. Amended by Act Mch. 2, 1889, c. 368. 2579. Amended by Act Sept. 25, 1890, c. 917, $ 1. 2582. Amended by Act Feb. 27, 1877, c. 69.. 2582. Amended by Act June 16, 1882, c. 223.. 2583. Amended by Act June 16, 1882, c. 223. 2584–2585. Repealed by Act Mch. 3, 1897, c. 389, § 16... 2586. Amended by Act April 25, 1882, c. 88, § 1. .... 2587. Amended by Act Feb. 27, 1877, c. 69.. 2587. Amended by Act April 25, 1882, c. 88, § 2. 2591. Superseded by Act Mch. 16, 1896, c. 58.. 2595. Amended by Act May 2, 1888, c. 227. 2596. Amended by Act May 2, 1888, c. 227. 2598. Amended by Act Feb. 27, 1877, c. 69. Page 14.10 1413 1413 1421 1426 1429 1474 1474 1477 1478 1478 1478 1518 1518 1518 1519 1534 1626 1711 1711 1711 1715 1715 1718 1719 1720 1720 1720 1724 1724 1726 1730 1734 1742 1715 17415 1745 1745 1748 1748 1750 1762 1769 1770 1771 1771 1771 1771 1773 1773 1773 1776 1776 1779 1780 1780 1784 1784 1786 1788 1790 1791 xxviii SECTIONS OF THE REVISED STATUTES WHICH HAVE BEEN . Sec. 2599. Amended by Act May 20, 1890, c. 233. 2601. Amended by Act Dec. 27, 1895, c. 2. 2607. Amended by Act June 16, 1882, c. 223... 2608. Repealed by Act June 10, 1890, C. 407, § 29. 2619. Amended by Act Feb. 27, 1877, c. 69. 2639. Amended by Act July 31, 1894, c. 174, § 19.. 2650. Superseded by Act Mch. 3, 1891, c. 542, $ 1.. 2659. Amended by Act Feb. 27, 1877, c. 69. 2660. Amended by Act Feb. 27, 1877, c. 69.. 2670. Superseded by Act Aug. 28, 1890, c. 814, $ 3. 2672. Superseded by Act June 22, 1874, c. 391, § 23. 2675. Amended by Act Feb. 27, 1877, c. 69.. 2684. Amended by Act June 16, 1882, c. 223. 2688. Amended by Act Mch. 3, 1875, c. 130, § 10. 2691. Amended by Act Feb. 27, 1877, c. 69... 2702. Amended by Act Feb. 27, 1877, c. 69.. 2703. Superseded by Act June 22, 1874, c. 391, § 23... 2711. Repealed by Act Feb. 18, 1875, c. 80. 2712. Superseded by Act Sept. 4, 1890, c. 873. 2714. Superseded by Act June 22, 1874, c. 391, § 23. 2720. Amended by Act Feb. 27, 1877, c. 69... 2727. Repealed by Act Feb. 27, 1877, c. 69. 2730. Amended by Act Feb. 18, 1875, c. 80. 2742. Amended by Act Feb. 27, 1877, c. 69. 2746. Amended by Act Feb. 27, 1877, c. 69. 2776. Amended by Act June 26, 1884, c. 121, § 29.. 2797. Amended by Act Mch. 3, 1897, c. 389, § 17.. 2803. Superseded by Act June 10, 1890, c. 407, § 28. 2804. Amended by Act Aug. 27, 1894, c. 319, 8 26.. 2807. Amended by Act June 3, 1892, c. 86, § 1.. 2819. Amended by Act Feb. 27, 1877, c. 69. 2820. Amended by Act Feb. 27, 1877, c. 69. 2821. Amended by Act Feb. 27, 1877, c. 69.. 2822. Amended by Act Feb. 27, 1877, c. 69. 2824. Repealed by Act Mch. 3, 1897, c. 389, $ 16. 2826. Amended by Act Feb. 27, 1877, c. 69. 2834. Amended by Act Mch. 3, 1897, c. 389, 8 15. 2835. Repealed by Act Mch. 3, 1897, c. 389, $ 16. 16.... 2838. Repealed by Act June 10, 1890, c. 407, S 29.. 2839. Repealed by Act June 10, 1890, c. 407, § 29. 2841. Repealed by Act June 10, 1890, c. 407, § 29..... 2843. Repealed by Act June 10, 1890, c. 407, § 29. 2844. Superseded by Act June 10, 1890, c. 407, § 29. 2845. Repealed by Act June 10, 1890, c. 407, § 29. 2846. Superseded by Act June 10, 1890, c. 407, 88 22, 29. 2847–2848. Superseded by Act June 10, 1890, c. 407, § 29. 2849. Superseded by Act June 10, 1890, c. 407, $$ 22, 29. 2850. Superseded by Act June 10, 1890, c. 407, § 29.. 2853. Repealed by Act June 10, 1890, c. 407, § 29. 2854. Repealed by Act June 10, 1890, C. 407, § 29. 2856. Repealed by Act June 10, 1890, c. 407, § 29. 2858. Repealed by Act June 10, 1890, C. 407, § 29. 2860. Repealed by Act June 10, 1890, c. 407, § 29. 2864. Amended by Act Feb. 18, 1875, c. 80... 2865. Amended by Act Feb. 27, 1877, c. 69... 2866. Repealed by Res. Mch. 3, 1883, No. 22. 2869. Amended by Act June 5, 1894, c. 92, 8 2.. 2872. Amended by Act June 26, 1884, c. 121, $ 25. 2880. Amended by Act May 9, 1896, c. 164.. 2881. Amended by Act June 3, 1892, c. 86.... 2897. Repealed by Act Mch. 3, 1897, c. 389, § 16..... 2900. Repealed by. Act June 10, 1890, c. 407, § 29. Page .. 1791 1794 1800 1800 1807 1816 1820 1824 1826 1828 1829 1829 1831 1833 1834 1837 1838 1840 1840. 1841 1842 1844 1845 1848 1849 1861 1871 1873 1873 1875 1880) 1880 1880 1880 1881 1882 1884 1885 1886 1886 1898 1899 1899 1900 1900 1900 1900 1900 1901 1901 1902 1903 1903 1904 1905 1905 1908 1910 1913 1913 1919 1921 . EXPRESSLY AMENDED, SUPERSEDED, OR REPEALED. xxix . Sec. 2902. Repealed by Act June 10, 1890, c. 407, § 29. 2905. Repealed by Act June 10, 1890, c. 407, § 29. 2907. Repealed by Act June 10, 1890, c. 407, § 29. 2908–2909. Repealed by Act June 10, 1890, c. 407, $ 20. 2922–2924. Repealed by Act June 10, 1890, c. 407, § 29. 2927. Repealed by Act June 10, 1890, c. 407, § 29.. 2929–2932. Repealed by Act June 10, 1890, c. 407, 8 29. 2943. Repealed by Act June 10, 1890, c. 407, § 29. 2945. Repealed by Act June 10, 1890, c. 407, § 29.. 2952. Repealed by Act June 10, 1890, c. 407, § 29. 2966. Amended by Act June 26, 1884, c. 121, § 24. ... 2970. Superseded by Act June 10, 1890, c. 407, $ 20. 2978. Amended by Act Feb. 27, 1877, c. 69..... 2981. Amended by Act June 10, 1880, c. 190, $ 10. 2981. Amended by Act May 21, 1896, c. 217. 2984. Amended by Act Feb. 27, 1877, c. 69. 2988. Amended by Act Feb. 27, 1877, c. 69.. 2989. Amended by Act Feb. 27, 1877, c. 69. 2990-2997. Repealed by Act June 10, 1880, c. 190, $ 8. 3001. Amended by Act Feb. 27, 1877, c. 69. 3002. Amended by Act Feb. 27, 1877, c. 69. 3003. Amended by Act Feb. 27, 1877, c. 69. 3004. Amended by Act Sept. 25, 1890, c. 917, $ 2.. 3005. Amended by Act May 21, 1900, c. 487, § 1. . 3009. Amended by Act Feb. 27, 1877, c. 69... 3011-3013. Repealed by Act June 10, 1890, c. 407, § 29. 3020. Amended by Act Mch. 10, 1880, c. 37.. 3058. Amended by Act Feb. 23, 1887, c. 221.. 3066. Amended by Act April 25, 1882, c. 89. 3083. Amended by Act Feb. 27, 1877, c. 69. 3090. Amended by Act Feb. 27, 1877, c. 69... 3091-3093. Repealed by Act June 22, 1874, c. 391, $ 1. 3100. Amended by Act Feb. 18, 1875, c. SO. 3100. Amended by Act Feb. 27, 1877, c. 69. 3105. Amended by Act Feb. 27, 1877, c. 69 3120. Amended by Act Feb. 27, 1877, c. 69. 3140. Amended by Act Feb. 27, 1877, c. 69. 3141. Amended by Act Feb. 27, 1877, c. 69. 3143. Amended by Act Mch. 1, 1879, c. 125, $ 2.... 3144. Amended by Act Mch. 1, 1879, c. 125, § 2. 3145. Superseded by Act Feb. 8, 1875, c. 36, $$ 12, 13. 3145. Superseded by Act Mch. 1, 1879, c. 125, § 2... 3148. Superseded by Act Feb. 8, 1875, c. 36, $ 12. 3148. Superseded by Act Mch. 1, 1879, c. 125, $ 2. 3149. Amended by Act Mch. 1, 1879, c. 125, $ 2. 3151. Repealed by Act Aug. 4, 1886, c. 896, § 2. 3152. Amended by Act Mch. 1, 1879, c. 125, $ 2. 3158. Amended by Act Feb. 18, 1875, c. 80... 3159–3160. Repealed by Act Aug. 15, 1876, c. 287, § 1. 3163. Amended by Act Mch. 1, 1879, c. 125, $ 2. 3165. Amended by Act Mch. 1, 1879, c. 125, $ 2. 3167. Amended by Act Aug. 27, 1894, c. 349, $ 34. 3168. Amended by Act Feb. 27, 1877, c. 69.. 3171. Amended by Act Mch. 1, 1879, c. 125, $ 2. 3172. Amended by Act Aug. 27, 1894, c. 349, § 34.. 3173. Amended by Act Mch. 1, 1879, c. 125, § 3.. 3173. Amended by Act Aug. 27, 1894, c. 349, § 34. 3176. Amended by Act Mch. 1, 1879, c. 125, $ 3. 3176. Amended by Act Aug. 27, 1894, c. 349, § 34.. 3181. Amended by Act Feb. 18, 1873, c. 80... 3183. Amended by Act Mch. 1, 1879, c. 125, $ 3.. 3186. Amended by Act Mch. 1, 1879, c. 125, $ 3.. Page 1922 1923 1923 1925 1929 1930 1931 1939 1939 1941 1949 1950 1952 1953 1953 1958 1960 1960 1961 1980 1981 1981 1982 1982 1984 1985 1991 2005 2008 2014 2017 2018 2027 2027 2029 2034 2040 2040 2041 2012 2013 2043 2045 2045 2045 2047 2047 2051 2054 2056 2057 2058 2059 2063 2065 2065 2065 2068 2068 2071 2072 2073 . . . . XXX SECTIONS OF THE REVISED STATUTES WHICH HAVE BEEN . . . O .. Sec. 3197. Amended by Act Feb. 27, 1877, c. 69. 3197. Amended by Act Mch. 1, 1879, c. 125, $ 3. 3203. Amended by Act Mch. 1, 1879, c. 125, § 3.. 3208. Amended by Act Mch. 1, 1879, c. 125, $ 3.. 3221. Amended by Act Mch. 1, 1879, c. 125, $ 6. 3223. Amended by Act Mch. 1, 1879, c. 125, $ 3.. 3226. Amended by Act Feb. 27, 1877, c. 69.. 3237. Superseded by Act Oct. 1, 1890, c. 1244, $ 53. 3238. Amended by Act Feb. 18, 1875, c. 80. 3239. Amended by Act Feb. 27, 1877, c. 69.. 3244. 'Amended by Act Feb. 18, 1875, c. 80... 3244. Amended by Act Mch. 1, 1879, c. 125, § 10. 3246. Amended by Act Mch. 1, 1879, c. 125, $ 5. 3255. Amended by Act June 3, 1896, c. 309. 3255. Amended by Act Feb. 4, 1901, c. 195. 3260. Amended by Act May 28, 1880, c. 108, $ 1. 3262. Amended by Act May 28, 1880, c. 108, $ 2. 3264. Amended by Act Mch. 1, 1879, c. 125, $ 5. 3276. Amended by Act Mch. 1, 1879, c. 125, $ 5. 3282. Amended by Act Mch. 1, 1879, c. 125, $ 5. 3285. Amended by Act May 28, 1880, c. 108, $ 3. 3286. Amended by Act Mch. 1, 1879, c. 125, $ 5. 3287. Amended by Act Mch. 1, 1879, c. 125, $ 5.. 3287. Amended by Act May 28, 1880, c. 108, $ 6. 3287. Amended by Act Feb. 21, 1899, c. 177.. 3293. Amended by Act Mch. 1, 1879, c. 125, $ 5.... 3293. Amended by Act May 28, 1880, c. 108, $ 4. 3294. Amended by Act Mch. 1, 1879, c. 125, $ 5. 3294. Amended by Act May 28, 1880, c. 108, $ 5. 3295. Amended by Act July 16, 1892, c. 196, § 1. 3299. Amended by Act Feb. 18, 1875, c. 80. 3301. Amended by Act Mch. 1, 1879, c. 125, $ 5. 3309. Amended by Act Mch. 3, 1875, c. 131, § 12. 3310. Amended by Act Feb. 27, 1877, c. 69. 3310. Amended by Act May 28, 1880, c. 108, $ 7. 3314. Amended by Act Mch. 1, 1879, c. 125, $ 5... 3314. Amended by Act May 28, 1880, c. 108, $ 16. 3315. Amended by Act Mch. 1, 1879, c. 125, $ 5... 3317. Amended by Act Mch. 1, 1879, c. 125, § 5. 3318. Amended by Act Feb. 27, 1877, c. 69... 3318. Amended by Act Mch. 1, 1879, c. 125, $ 5.. 3320. Amended by Act July 16, 1892, c. 196, § 1. 3320. Amended by Act Aug. 27, 1894, c. 349, § 66... 3321. Repealed by Act Aug. 15, 1876, c. 287. 3323. Amended by Act July 16, 1892, c. 196, § 1. 3329. Amended by Act May 28, 1880, c. 108, § 10. 3330. Amended by Act May 28, 1880, c. 108, § 11. 3332. Amended by Act Mch. 1, 1879, c. 125, $ 5. 3334. Amended by Act Mch. 1, 1879, c. 125, $ 5. 3336. Amended by Act April 29, 1886, c. 64. 3340. Amended by Act Mch. 1, 1879, c. 125, § 10. 3341. Amended by Act July 24, 1897, c. 11, $ 9. 3342. Amended by Act Mch. 3, 1875, c. 154... 3346. Amended by Act Mch. 1, 1879, c. 125, $ 5. 3354. Amended by Act June 18, 1890, c. 431.. 3355. Amended by Act Feb. 27, 1877, c. 69. 3355. Amended by Act Mch. 1, 1879, c. 125, $ 14. 3357. Amended by Act June 9, 1880, c. 161, $ 2. 3357. Amended by Act Oct. 1, 1890, c. 1244, § 33. 3360. Amended by Act Mch. 1, 1879, c. 125, § 14. 3361. Repealed by Act Oct. 1, 1890, c. 1244, $ 27. 3361. Repealed by Act Aug. 27, 1894, c. 319, S 69. Page 2077 2077 2079 2081 2087 2087 2088 2092 2093 2093 2096 2096 2103 2111 2111 2114 2115 2118 2125 2128 2129 2130 2130 2130 2130 2133 2133 2135 2135 2135 2153 2154 2158 2159 2159 21.62 2162 2163 2164 2164 2164 2166 2166 2167 2167 2175 2176 2181 2183 2185 2188 2188 2189 2191 2194 2196 2196 2198 2198 2199 2200 2200 . EXPRESSLY AMENDED, SUPERSEDED, OR REPEALED. xxxi .. Sec. 3362. Amended by Act Feb. 27, 1877, c. 69. 3362. Amended by Act Mch. 1, 1879, c. 125, $ 14. 3362. Amended by Act Jan. 9, 1883, c. 16... 3363. Amended by Act Oct. 1, 1890, c. 1244, § 31. 3368. Superseded by Act Mch. 3, 1883, c. 121, $ 4. 3368. Superseded by Act Oct. 1, 1890, c. 1244, $ 30. 3371. Amended by Act Mch. 1, 1879, c. 125, $ 5. 3377 Amended by Act Mch. 1, 1879, c. 125, $ 14. 3381. Amended by Act Oct. 1, 1890, c. 1244, § 28. 3383. Amended by Act Mch. 1, 1879, c. 125, 15. 3383. Amended by Act Oct. 1, 1890, c. 1244, § 29. 3384. Amended by Act Mch. 1, 1879, c. 125, $ 15. 3385. Amended by Act June 9, 1880, c. 161, § 1... 3385. Amended by Act Aug. 8, 1882, c. 468.. 3385. Amended by Act Jan. 13, 1883, c. 24. 3386. Amended by Act Mch. 1, 1879, c. 125, $ 16. 3387. Amended by Act Mch. 1, 1879, c. 125, $ 16. 3387. Amended by Act Oct. 1, 1890, c. 1244, $ 35. 3389. Amended by Act Mch. 1, 1879, c. 125, § 16.... 3389. Amended by Act Oct. 1, 1890, c. 1244, § 34.... 3392. Amended by Act Mch. 1, 1879, c. 125, $ 16. 3392. Amended by Act Oct. 1, 1890, c. 1244, § 32. 3393. Amended by Act Mch. 1, 1879, c. 125, $ 16. 3394. Amended by Act Mch. 3, 1875, c. 127, $ 2. 3394. Amended by Act July 24, 1897, c. 11, § 10.... 3397. Amended by Act Mch. 1, 1879, c. 125, § 16.... 3408. Superseded in part by Act Feb. 8, 1875, c. 36, $ 19. 3408. Repealed by Act Mch. 3, 1883, c. 121, $ 1... 3408. Superseded by Act Mch. 3, 1883, c. 121, $ 1. 3410. Superseded by Act Mch. 3, 1883, c. 121, $ 1.. 3412-3413. Superseded by Act Feb. 8, 1875, c. 36, § 20. 3417. Amended by Act Feb. 18, 1875, c. 80.. 3418–3419. Repealed by Act Mch. 3, 1883, c. 121, § 1. ... 3420-3432. Superseded by Act Mch. 3, 1883, c. 121, § 1. 3433. Amended by Act Feb. 27, 1877, c. 69.. 3435–3437. Superseded by Act Mch. 3, 1883, c. 121, § 1. . 3441-3442. Superseded in part by Act Mch. 3, 1883, c. 121, § 1.. 3441-3442. Repealed in part by Act June 18, 1890, c. 432. 3446. Amended by Act Mch. 1, 1879, c. 125, § 18... 3456. Amended by Act Feb. 27, 1877, c. 69.. 3473. Amended by Act Feb. 27, 1877, c. 69. 3510. Amended by Act Sept. 26, 1890, c. 944.. 3524. Amended by Act Jan. 14, 1875, c. 15, $ 2. 3524. Amended by Act Mch. 1, 1881, c. 95.. 3536. Amended by Act Feb. 27, 1877, c. 69, § 1. 3561. Amended by Act Feb. 18, 1875, c. SO, $ 1. 3561. Amended by Act Feb. 27, 1877, c. 69, $ 1.. 3564. Superseded by Act Oct. 1, 1890, c. 1244, $ 52. 3564. Superseded by Act Aug. 27, 1894, c. 349, $ 25 3568. Amended by Act Feb. 27, 1877, c. 69, $ 1... 3586. Superseded by Res. July 22, 1876, No. 17, $ 2. 3586. Superseded by Act Feb. 28, 1878, c. 20, $ 1. 3586. Superseded by Act June 9, 1879, c. 12, § 3.. 3618. Amended by Act Feb. 27, 1877, c. 69, $1. 3620. Amended by Act Feb. 27, 1877, c. 69, $ 1. 3621. Amended by Act May 28, 1896, c. 252, $ 5. 3622. Amended by Act Feb. 27, 1877, c. 69, § 1..... 3622. Amended by Act July 31, 1894, c. 174, $ 12. 3625. Amended by Act Feb. 27, 1877, c. 69, § 1. 3625. Amended by Act July 31, 1894, c. 174, § 4. 3633. Amended by Act July 31, 1894, c. 174, § 4... 3646. Amended by Act Feb. 16, 1885, c. 123. Page 2200 2200 2200 2202 2203 2203 2205 2207 2210 2210 2210 2211 2212 2212 2212 2215 2217 2217 2218 2218 2219 2219 2220 2221 2221 2222 2247 2247 2247 2248 2249 2251 2252 2253 2254 2255 2271 2271 2274 2280 2319 2342 2352 2352 2364 2374 2374 2375 2375 2376 2400 2400 2400 2414 2415 2416 2416 2416 2418 2418 2420 2424 xxxii SECTIONS OF THE REVISED STATUTES WHICH HAVE BEEN 9 . . Sec. 3663. Amended by Act Feb. 27, 1877, c. 69. 3672. Amended by Act Feb. 27, 1877, c. 69.. 3687. Amended by Act Aug. 18, 1894, c. 301, $ 1..... 3689. Repealed in part by Act June 20, 1874, c. 328, $ 4. 3689. Superseded in part by Act June 22, 1874, c. 391, § 2.... 3689. Repealed in part by Act Mch. 3, 1875, c. 129, $ 1.. 3689. Repealed in part by Act June 19, 1878, c. 329, $ 1. 3692. Amended by Act Feb. 27, 1877, C. 69.. 3709. Amended by Act Jan. 27, 1894, c. 22 5711. Amended by Act Mch. 2, 1895, c. 177, $ 6.. 3711. Amended by Act Mch. 15, 1898, c. 68, $ 6. 3714. Amended by Act Feb. 27, 1877, c. 69, $ 1.. 3718. Amended by Act June 30, 1890, c. 640, $ 1. 3718. Amended by Act July 19, 1892, c. 206, § 1. 3718. Amended by Act Mch. 3, 1893, c. 212, § 1. 3719. Amended by Act May 25, 1896, c. 239. 3740. Amended by Act Feb. 27, 1877, c. 69, 8 1. 3741. Amended by Act Feb. 27, 1877, c. 69, 8 1. 3742. Amended by Act Feb. 27, 1877, c. 69, $ 1.... 3743. Amended by Act Feb. 27, 1877, c. 69, $ 1. 3743. Amended by Act July 31, 1894, c. 174, § 18.. 3756-3822. Superseded by Act Jan. 12, 1895, c. 23. 3827. Superseded by Act Mch. 1, 1881, c. 96, § 1... 3830. Superseded by Act June 23, 1874, c. 456, $ 11. 3830. Superseded by Act July 12, 1876, c. 179, SS 4, 5, 6..... 3835. Amended by Act Feb. 4, 1879, c. 45. 3852-3856. Superseded by Act June 23, 1874, c. 455, $ 11 3852-3856. Superseded by Act July 12, 1876, c. 179, 88 4, 5, 7-12 3852-3856. Superseded by Act Mch. 3, 1883, c. 142... 3859. Superseded by Act June 23, 1874, c. 456, § 11. 3859. Superseded by Act July 12, 1876, c. 179, SS 4, 11.. 3865, 3866. Superseded by Act Jan. 3, 1887, c. 14.... 3872. Superseded by Act Mch. 3, 1879, c. 180, $ 25. 3875–3879. Superseded by Act Mch. 3, 1879, c. 180, $$ 7, 8, 10, 17-20. 3881. Superseded by Act Mch. 3, 1879, c. 180, $ 24. 3884. Superseded by Act June 23, 1874, c. 456, 88 5, 6.... 3886-3887. Superseded by Act Mch. 3, 1879, c. 180, 88 22, 23. . 3886-3887. Superseded by Act Jan, 20, 1888, c. 2.. 3893. Amended by Act July 12, 1876, c. 186, § 1. 3893. Amended by Act Sept. 26, 1888, c. 1039, § 2... 3894. Amended by Act July 12, 1876, c. 186, $ 2. 3894. Amended by Act Sept. 19, 1890, c. 908, $ 1... 3897. Superseded by Act Mch. 3, 1879, c. 180, $ 17. 3902-3904. Superseded by Act Mch. 3, 1879, c. 180, $ 9.. 3905-3908. Superseded by Act June 23, 1874, c. 456, 88 5, 6. 3909. Superseded by Act June 23, 1874, c. 456, $ 9... 3910. Superseded by Act Mch. 3, 1879, c. 180, 88 17, 21. 3926. Amended by Act Feb. 27, 1897, c. 340, $ 1. 3929. Amended by Act Sept. 19, 1890, c. 908, $ 2. 3941. Superseded by Act Mch. 1, 1881, c. 96, § 1. 3945-3947. Superseded by Act June 23, 1874, c. 456, 8 12. 3945–3947. Superseded by Act Aug. 11, 1876, c. 260. 3948. Amended by Act June 13, 1898, c. 446, $ 2. 3951. Superseded by Act June 23, 1874, c. 456, § 12. 3951. Superseded by Act Aug. 11, 1876, c. 260.. 3952-3953. Repealed by Act Sept. 30, 1890, c. 1123. 3954. Amended by Act Aug. 11, 1876, c. 260.... 3955. Amended by Act Mch. 3, 1879, c. 180, § 30. 3976. Repealed by Act June 26, 1884, c. 121, $ 23 3994. Amended by Act Feb. 18, 1875, c. 80. 4005. Superseded by Act Mch. 3, 1879, c. 180, 8 4.. 4017. Amended by Act June 11, 1880, c. 206, § 1... Page 2436 2447 2459 2460 2460 2460 2460 2474 2481 2487 2487 2489 2498 2498 2498 2499 2508 2509 2509 2510 2510 2536 2604 2609 2609 2611 . 2618 2613 2618 2623 2623 2634 2639 2645 2655 2606 2656 2656 2658 2658 2659 2659 2663 2665 2667 2670 2670 2685 2686 2692 2695 2695 2697 2698 2698 2700 2700 2701 2710 2716 2723 2733 EXPRESSLY AMENDED, SUPERSEDED, OR REPEALED. xxxiii . Page 2736 2741 2742 2745 2745 2747 2747 2748 2749 2749 2751 2752 2752 2782 2783 2803 2803 2807 2807 2810 2810 2812 2812 2812 2821 2825 . 2829 Sec. 4020. Amended by Act Mch. 3, 1897, c. 385, § 1.. 4028. Amended by Act Jan. 30, 1889, c. 100, $ 1. 4032. Superseded by Act Mch, 3, 1883, c. 123, $ 3. 4033. Amended by Act Jan. 27, 1894, c. 21, $ 7.. 4034. Amended by Act Jan. 27, 1894, c. 21, § 9.... 4036. Repealed by Act Jan. 27, 1894, c. 21, $ 5.. 4037. Amended by Act Feb. 18, 1875, c. 80.... 4039. Amended by Act Jan. 27, 1894, c. 21, $ 6... 4040. Amended by Act Jan. 27, 1894, c. 21, § 11.. 4041. Amended by Act Sept. 19, 1890, c. 908, $ 3. 4044. Amended by Act Jan. 27, 1894, c. 21, $ 8. 4047. Superseded by Act Mch. 3, 1883, c. 123, $ 4.... 4048. Repealed by Act Mch. 3, 1897, c. 385, § 1... 4127. Amended by Act June 14, 1878, c. 193.. 4130. Amended by Act Feb. 1, 1876, c. 6. 4131. Amended by Act June 26, 1884, c. 121, § 1. 4131. Amended by Act May 28, 1896, c. 255, $ 1.... 4133. Repealed by Act Mch. 3, 1897, c. 389, $ 16. 4134. Repealed by Act Mch. 3, 1897, c. 389, $ 16. 4145. Repealed by Act Jan. 16, 1895, c. 24, $ 1.. 4146. Amended by Act Jan. 16, 1895, c. 24, $ 2. 4153. Amended by Act Aug. 5, 1882, c. 398, § 1. 4153. Amended by Act June 19, 1886, c. 421, $ 5. 4153. Amended by Act Mch. 2, 1895, c. 173, & 1. 4154. Amended by Act Aug. 5, 1882, c. 398, 8 2. 4165. Amended by Act Mch. 3, 1897, c. 389, § 10. 4177. Amended by Act June 19, 1886, c. 421, $ 6. 4178. Amended by Act Feb. 21, 1891, c. 250, § 1. . 4178. Amended by Act Jan. 20, 1897, c. 67, § 1... 4203. Repealed by Act June 26, 1884, c. 121, $ 23. 4212. Superseded by Act June 26, 1884, c. 121, $ 23. 4213. Amended by Act June 26, 1884, c. 121, § 13.... 4214. Amended by Act Mch. 3, 1883, c. 133, $1. 4216. Amended by Act Feb. 5, 1897, c. 167, 8 1.... 4219. Amended by Act Feb. 27, 1877, c. 69... 4223–4224. Repealed by Act June 26, 1884, c. 121, § 14.. 4223-4224. Repealed by Act June 19, 1886, c. 421, § 11. .. 4228. Amended by Act July 24, 1897, c. 13. 4234. Repealed by Act Mch. 3, 1897, c. 389, $ 16. 4248. Superseded by Act May 4, 1882, c. 117, $ 4.. 4250. Amended by Act Feb. 18, 1875, c. 80... 4252–4277. Repealed by Act Aug. 2, 1882, c. 374, $ 14. 4284. Amended by Act Feb. 27, 1877, c. 69, $ 1. 4289. Amended by Act Feb. 18, 1875, c. 80, $ 1. 4289. Amended by Act June 19, 1886, c. 421, $ 4. 4290. Amended by Act Feb. 27, 1877, c. 69, $ 1... 4290. Amended by Act Feb. 14, 1900, c. 19, § 1... 4315. Amended by Act Feb. 27, 1877, c. 69, $ 1. 4318. Amended by Act Feb. 27, 1877, c. 69, § 1. 4319. Amended by Act Feb. 27, 1877, c. 69, § 1. 4320. Amended by Act Feb. 27, 1877, c. 69, $ 1. 4320. Amended by Act Jan. 16, 1895, c. 24, $ 3.. 4321. Amended by Act Feb. 28, 1887, c. 288, $ 2... 4347. Repealed in part by Res. Mch. 3, 1883, No. 22.. 4347. Superseded as to remaining part by Act Feb. 17, 1898, c. 26. 4360. Amended by Act Feb. 18, 1875, c. 80, § 1. .... 4381. Amended by Act Feb. 27, 1877, c. 69, $ 1.... 4381. Amended by Act July 5, 1884, c. 228, § 1..... 4382. Amended by Act July 5, 1884, c. 228, $$ 2, 3. 4382. Amended by Act Mch. 3, 1897, c. 389, $ 9. 4390. Amended by Act Feb. 27, 1877, c. 69, $ 1. 4395. Amended by Act Jan. 20, 1888, c. 1.. VOL.1 LAWS '01-C • 2830 2830 2842 2841 28415 2815 2847 2848 2854 2851 2856 2900 2907 2929 2930 2943 2945 2945 2948 2948 2960 2961 2961 2962 2962 2963 2971 2971 2980 2987 2987 2989 2989 2997 3001 xxxiv SECTIONS OF THE REVISED STATUTES WHICH HAVE BEEN . Sec. 4400. Amended by Act Aug. 7, 1882, c. 441, $ 1. 4400. Amended by Act Mch. 1, 1895, c. 146, & 1. 4409. Amended by Act Feb. 27, 1877, c. 69, § 1. 4414. Amended by Act Jan. 3, 1887, c. 12... 4414. Amended by Act July 26, 1890, c. 721. 4414. Amended by Act Mch. 1, 1895, c. 146, $ 2. 4414. Amended by Act Mch. 2, 1895, c. 186, $ 1.. 4414. Amended by Act Feb. 15, 1897, c. 231... 4414. Amended by Act April 21, 1898, c. 184.. 4414. Amended by Act June 2, 1900, c. 614. 4415. Amended by Act Feb. 27, 1877, c. 69, $ 1. 4417. Amended by Act Dec. 21, 1898, c. 29, $ 4.. 4418. Amended by Act June 19, 1886, c. 421, $ 14. 4420. Amended by Act Feb. 27, 1877, c. 69, $ 1. 4421. Amended by Act Feb. 27, 1877, c. 69, $ 1. 4426. Amended by Act Dec. 22, 1890, c. 26. 4429. Amended by Act Aug. 7, 1882, c. 433, $ 1.. 4430. Amended by Act Jan. 22, 1894, c. 16.. 4434. Amended by Act Feb. 11, 1885, c. 55... 4434. Amended by Act Feb. 28, 1895, c. 139, $ 1.... 4438. Amended by Act Dec. 21, 1898, c. 29, $ 1. 4439. Amended by Act Dec. 21, 1898, c. 29, $ 2. 4440. Amended by Act Feb. 27, 1877, c. 69, $ 1... 4440. Amended by Act Mch. 23, 1898, c. 86. 4440. Amended by Act Dec. 21, 1898, c. 29, $ 3.. 4441. Amended by Act Feb. 27, 1877, c. 69, $ 1. 4445. Amended by Act Mch. 23, 1900, c. 90, $ 1. 4458. Superseded by Act June 26, 1884, c. 121, $ 28. 4467. Amended by Act Feb. 27, 1877, c. 69, $ 1... 4472. Amended by Act Feb. 27, 1877, c. 69, $ 1.. 4472. Amended by Act Feb. 20, 1901, c. 386... 4474. Amended by Act Oct. 18, 1888, c. 1197. 4488. Amended by Act Mch. 2, 1889, c. 418, $ 1. 4489. Amended by Act Mch. 2, 1889, c. 418, $ 1. 4490. Amended by Act Feb. 27, 1877, c. 69, $ 1. 4501. Amended by Act June 26, 1884, c. 121, $ 27. 4507. Amended by Act Mch. 3, 1897, c. 389, § 1.. 4511. Amended by Act Mch. 3, 1897, c. 389, $ 19. 4513. Amended by Act Feb. 27, 1877, c. 69, $ 1. 4516. Amended by Act Dec. 21, 1898, c. 28, 81, 4522. Amended by Act Feb. 27, 1877, c. 69, § 1.... 4522. Amended by Act Dec. 21, 1898, c. 28, $ 2. 4526. Amended by Act Dec. 21, 1898, c. 28, $ 3. 4529. Amended by Act Dec. 21, 1898, c. 28, 8 4. 4530. Amended by Act Dec. 21, 1898, c. 28, $ 5. 4531-4534. Repealed by Act Dec. 21, 1898, c. 28, § 25.. 4541. Amended by Act Mch. 3, 1897, c. 389, $ 4. 4542. Amended by Act Mch. 3, 1897, c. 389, $ 6. 4545. Amended by Act Mch. 3, 1897, c. 389, $ 7. 4547. Amended by Act Dec. 21, 1898, c. 28, 8 6.. 4556. Amended by Act Dec. 21, 1898, c. 28, 8 7. 4557. Amended by Act Dec. 21, 1898, c. 28, § 8.. 4558. Amended by Act Dec. 21, 1898, c. 28, $ 9. 4559. Amended by Act Dec. 21, 1898, c. 28, $ 10.. 4561. Amended by Act June 26, 1884, c. 121, $ 4.. 4561. Amended by Act Dec. 21, 1898, c. 28, § 11... 4564. Amended by Act Dec. 21, 1898, c. 28, § 12... 4566. Amended by Act Dec. 21, 1898, c. 28, § 13. 4568. Amended by Act Dec. 21, 1898, c. 28, $ 14. 4572. Amended by Act Dec. 21, 1898, c. 28, $ 15. 4575. Amended by Act Feb. 27, 1877, c. 69, $ 1. 4576. Amended by Act Mch. 3, 1897, c. 389, $ 3. Page 3015 3015 3019 3020 3020 3020 3020 3020 3020 3020 3023 3024 3024 3026 3027 3029 3030 3031 3033 3033 3034 3035 3036 3036 3036 ..3036 3038 3042 3048 3050 3050 3051 3055 3056 3057 3061 3067 3068 3070 3071 3074 3074 3076 3077 3078 3078 3085 3085 3086 3087 3092 3093 3094 3094 3095 3095 3097 3098 3099 3101 3103 3104 • • • O . EXPRESSLY AMENDED, SUPERSEDED, OR REPEALED. XXXV . . . Sec. 4578. Amended by Act June 26, 1884, c. 121, $ 9. 4578. Amer.ded by Act June 19, 1886, c. 421, § 18. 4580. Amended by Act June 26, 1884, c. 121, § 2. 4581. Amended by Act June 26, 1884, c. 121, $ 7.... 4581. Amended by Act April 4, 1888, c. 61, $ 3.. 4581. Amended by Act Dec. 21, 1898, c. 28, § 16. 4582. Amended by Act June 26, 1884, c. 121, $ 5. 4582. Amended by Act Dec. 21, 1898, c. 28, § 17... 4583. Amended by Act June 26, 1884, c. 121, $ 3..... 4583. Amended by Act Dec. 21, 1898, c. 28, § 18... 4584. Repealed by Act June 26, 1884, c. 121, $ 8..... 4585–4587. Repealed by Act June 26, 1884, c. 121, § 15. 4589_4590. Repealed by Act Mch. 3, 1897, c. 389, § 16. 4593. Superseded by Act June 19, 1886, c. 421, $ 1. 4596. Amended by Act Dec. 21, 1898, c. 28, § 19. 4597. Amended by Act Dec. 21, 1898, c. 28, 20. 4598. Repealed by Act Dec. 21, 1898, c. 28, § 25. 4599. Repealed by Act Dec. 21, 1898, c. 28, $ 25.... 4600. Amended by Act June 26, 1884, c. 121, $ 6. 4600. Amended by Act Dec. 21, 1898, c. 28, § 21. 4601. Repealed by Act Dec. 21, 1898, c. 28, § 25. 4605. Amended by Act Feb. 27, 1877, c. 69, § 1.. 4609. Repealed by Act Dec. 21, 1898, c. 28, § 25.. 4611. Amended by Act Dec. 21, 1898, c. 28, § 22... 4612. Amended by Act Dec. 21, 1898, c. 28, $ 23.. 4616. Superseded by Act Mch. 3, 1899, c. 413, § 13... 4620. Repealed by Act Feb. 27, 1877, c. 69... 4630. Superseded by Act Mch. 3, 1899, c. 413, $ 13. 4635. Repealed by Act Mch. 3, 1899, c. 413, § 13. 4643. Superseded by Act Mch. 3, 1899, c. 413, § 13.... 4648-4649. Superseded by Act Feb. 27, 1877, c. 69. 4648 4649. Superseded by Act Mch. 3, 1899, c. 413, $ 13. 4658. Amended by Act Feb. 27, 1877, c. 69. 4670. Amended by Act July 26, 1886, c. 779.. 4675. Superseded by Act June 23, 1874, c. 455, $ 1. 4691. Superseded by Act Jan. 12, 1895, c. 23, § 76.. 4702. Amended by Act Aug. 7, 1882, c. 438, § 1. 4708. Amended by Act Mch. 3, 1901, c. 865, $ 1. 4709. Repealed by Act Mch. 3, 1879, c. 187, $ 3... 4714. Superseded by Act July 26, 1892, c. 255.. 4717. Repealed by Act Jan. 25, 1879, c. 23, $ 3. 4718. Superseded by Act Mch. 2, 1895, c. 193.. 4744. Amended by Act July 25, 1882, c. 349, $ 2. 4745. Amended by Act Feb. 28, 1883, c. 58, 82 4746. Amended by Act July 7, 1998, c. 578.. 4756. Amended by Act Dec. 23, 1886, c. 9....... 4757. Amended by Act Dec. 23, 1886, c. 9.... 4766. Amended by Act Aug. 8, 1882, c. 469... 4766. Amended by Act Mch. 3, 1899, c. 460.. 4768. Amended by Act Feb. 27, 1877, c. 69. 4770. Repealed by Act Feb. 27, 1877, c. 69.. 4771-4773. Repealed by Act June 21, 1879, c. 34, $ 3.. 4774, Superseded by Act July 25, 1892, c. 349, $ 4... 4781-4782. Superseded by Act June 14, 1878, c. 132. 4783. Amended by Act Feb. 10, 1891, c. 130.. 4784. Repealed by Act Mch. 23, 1896, c. 66.. 4785. Amended by Act July 4, 1884, c. 181, $ 3. 4786. Amended by Act July 4, 1884, c. 181, $ 4. 4787. Amended by Act Feb. 27, 1877, c. 69.. 4787. Amended by Act Mch. 3, 1891, c. 562. 4790. Amended by Act Feb. 27, 1877, c. 69. 4791. Amended by Act Feb. 27, 1877, c. 69. Page 3105 3105 3106 3107 3107 3107 3108 3108 3109 3109 3109 3110 3110 3112 3113 3115 3115 3116 3116 3116 3116 3118 3119 3120 3120 3127 3128 3132 3131 3137 3138 3138 3141 3145 3147 3152 3241 3247 3248 3253 3256 3257 3276 3278 3279 3282 3282 3286 3286 3288 3289 3289 3290 3295 3297 3297 3297 3298 3302 3302 3303 3303 xxxvi SECTIONS OF THE REVISED STATUTES WHICH HAVE BEEN • • • .. Sec. 4829. Amended by Act April 11, 1892, c. 40.. 4829. Amended by Act Feb. 9, 1897, c. 205. 4833. Amended by Act Aug. 23, 1894, c. 316. 4837. Superseded by Act Jan. 12, 1895, c. 23, § 73. 4843. Amended by Act Feb. 9, 1900, c. 13.. 4845-4848. Superseded by Act Jan. 31, 1899, c. 78. 4855. Superseded by Act June 23, 1874, c. 465, $ 3. 4876. Repealed by Act July 24, 1876, c. 226, § 1.. 4878. Amended by Act Mch. 3, 1897, c. 378.... 4883. Amended by Act Feb. 18, 1888, c. 15... 4886. Amended by Act Mch. 3, 1897, c. 391, $ 1.... 4887. Amended by Act Mch. 3, 1897, c. 391, $ 3. 4894. Amended by Act Mch. 3, 1897, c. 391, $ 4. 4896. Amended by Act Feb. 28, 1899, c. 227.. 4898. Amended by Act Mch. 3, 1897, c. 391, $ 5. 4911. Superseded by Act Feb. 9, 1893, c. 74, $ 9. 4920. Amended by Act Mch. 3, 1897, c. 391, $ 2. 4921. Amended by Act Mch. 3, 1897, c. 391, $ 6. 4937-4947. Superseded by Act Mch. 3, 1881, c. 138. 4952. Amended by Act Mch. 3, 1891, c. 565. 4954. Amended by Act Mch. 3, 1891, c. 565, $ 2. 4956. Amended by Act Mch. 3, 1891, c. 565, $ 3.... 4958. Amended by Act Mch. 3, 1891, c. 565, $ 4. 4959. Amended by Act Mch. 3, 1891, c. 565, $ 5. 4962. Superseded by Act June 18, 1874, c. 301. 4963. Amended by Act Mch. 3, 1897, c. 392, $ 1.. 4964. Amended by Act Mch. 3, 1891, c. 565, $ 7. 4965. Amended by Act Mch. 2, 1895, c. 194. 4966. Amended by Act Jan. 6, 1897, c. 4.. 4967. Amended by Act Mch. 3, 1891, c. 565, $ 9.. 4971. Repealed by Act Mch. 3, 1891, c. 565.. 4972-5132. Repealed by Act June 7, 1878, c. 160. 5138. Amended by Act Mch. 14, 1900, c. 41, § 10. 5153. Amended by Act Mch. 3, 1901, c. 871, $ 1.. 5171. Repealed by Act Aug. 12, 1882, c. 290, $ 10. 5174. Amended by Act Feb. 27, 1877, c. 69. 5176. Repealed by Act July 12, 1882, c. 290, $ 10. 5177. Repealed by Act Jan. 14, 1875, c. 15, $ 3. 5178. Superseded by Act Jan. 14, 1875, c. 15, $ 3. 5179. Superseded by Act Jan. 14, 1875, c. 15, $ 3. 5180. Repealed by Act Jan. 14, 1875, c. 15, $ 3.... 5181. Superseded by Act Jan. 14, 1875, c. 15, $ 3. 5183. Amended by Act Feb. 18, 1875, c. 80.... 5193. Repealed by Act Mch. 14, 1900, c. 41, $ 6..... 5194. Superseded by Act Mch. 14, 1900, c. 41, 8 6. 5198. Amended by Act Feb. 18, 1875, c. 80.. 5205. Amended by Act June 30, 1876, c. 156, 8 4. 5211. Amended by Act Feb. 27, 1877, c. 69.. 5224. Amended by Act Feb. 18, 1875, c. 80... 5225. Amended by Act Feb. 27, 1877, c. 69... 5228. Amended by Act Feb. 18, 1875, c. 80. 5240. Amended by Act Feb. 19, 1875, c. 89. 5254. Amended by Act May 1, 1882, c. 112. 5269. Amended by Act Feb. 27, 1877, c. 69... 5270. Amended by Act June 6, 1900, c. 793... 5287. Amended by Act Feb. 18, 1875, c. 80.... 5291. Amended by Act Feb. 27, 1877, c. 69.. 5292. Amended by Act Feb. 27, 1877, c. 69. 5293. Amended by Act Feb. 27, 1877, c. 69.. 5294. Amended by Act Dec. 15, 1894, c. 7. 5294. Amended by Act Mch. 2, 1896, c. 37. 5343. Superseded by Act Mch. 3, 1875, c. 138. Page 3339 3339 3346 3351 3356 3357 3363 3377 3378 3381 3382 3382 3384 3385 3387 3391 3394 3395 3401 3406 3407 3407 3409 3410 3411 3412 3413 3414 3415 3416 3416 3418 3461 3465 3475 3478 3479 3479 3480 3480 3480 3481 3482 3491 3492 3493 3495 3498 3504 3504 3506 3516 3523 3582 3591 3601 3602 3604 3605 3607 3607 3629 • . EXPRESSLY AMENDED, SUPERSEDED, OR REPEALED. xxxvii . . Sec. 5347. Amended by Act Mch. 3, 1897, c. 389, § 18. 5352. Amended by Act Mch. 22, 1882, c. 47, $ 1. 5365. Amended by Act Aug. 6, 1894, c. 227, § 1.... 5866. Amended by Act Aug. 6, 1894, c. 227, § 2. 5388. Amended by Act June 4, 1888, c. 340. 5413. Amended by Act Feb. 18, 1875, c. 80.. 5413. Amended by Act Feb. 27, 1877, c. 69. 5440. Amended by Act May 17, 1879, c. 8.. 5452. Amended by Act Feb. 18, 1875, c. 80. 5455. Amended by Act Feb. 27, 1877, c. 69. 5457. Amended by Act Jan. 16, 1877, c. 24. 5159. Amended by Act Mch. 3, 1897, c. 377. 5463. Amended by Act Jan. 3, 1887, c. 13, & 2.. 5479. Amended by Act Feb. 27, 1877, c. 69. 5480. Amended by Act Mch. 2, 1889, c. 393, $ 1. 5486. Amended by Act Feb. 10, 1891, c. 130.. 5497. Amended by Act Feb. 3, 1879, c. 42.. 5504. Amended by Act Feb. 18, 1875, c. 80... 5506. Repealed by Act Feb. 8, 1894, c. 25, § 1. 5511-5515. Repealed by Act Feb. 8, 1894, c. 25, $ 1. 5520–5523. Repealed by Act Feb. 8, 1894, c. 25, $ 1... 5546. Amended by Act July 12, 1876, c. 183... 5546. Amended by Act Mch. 3, 1901, c. 873. 5579. Amended by Act Feb. 27, 1877, c. 69. 5579. Amended by Act Mch. 12, 1894, c. 36. 5580. Amended by Act Mch. 12, 1894, c. 36. 5591. Amended by Act Mch. 12, 1894, c. 36.. Page 3631 3633 3641 3642 3619 3662 3662 3676 3680 3682 3683 3684 3688 3696 3696 3703 3707 3710 3712 3713 3715 3723 3723 3742 3742 3743 3748 . THE ORGANIC LAWS OF THE UNITED STATES OF AMERICA. VOL.1 LAWS'01 (xxxix)* THE DECLARATION OF INDEPENDENCE-1776.* IN CONGRESS, JULY 4, 1776. The unanimous Declaration of the thirteen united States of America, When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the Powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of man- kind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalien- able Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the gov- erned, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, *The delegates of the United Colonies of New Hampshire; Massachusetts Bay; Rhode Island and Providence Plantations; Connecticut; New York; New Jersey; Pennsylvania; New Castle, Kent, and Sussex, in Delaware; Maryland; Virginia; North Carolina, and South Carolina, In Congress assembled at Philadelphia, Re- solved on the 10th of May, 1776, to recommend to the respective assemblies and conventions of the United Colonies, where no government sufficient to the exigen- cies of their affairs had been established, to adopt such a government as should, in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents in particular, and of America in general. A preamble to this resolution, agreed to on the 15th of May, stated the intention to be totally to suppress the exercise of every kind of authority under the British crown. On the 7th of June, certain resolutions respecting independency were moved and seconded. On the 10th of June it was resolved, that a committee should be appointed to prepare a declaration to the following effect: "That the United Colonies are, and of right ought to be, free and independent States; that they are absolved from all allegiance to the British crown; and that all political connection between them and the State of Great Britain is, and ought to be, to- tally dissolved.” On the preceding day it was determined that the committee for preparing the declaration should consist of five, and they were chosen accordingly, in the following order: Mr. Jefferson, Mr. J. Adams, Mr. Franklin, Mr. Sherman, Mr. R. R. Livingston. On the 11th of June a resolution was passed to appoint a committee to prepare and digest the form of a confederation to be entered into between the colonies, and another committee to prepare a plan of treaties to be proposed to foreign powers. On the 12th of June, it was resolved, that a com- mittee of Congress should be appointed by the name of a board of war and ord- nance, to consist of five members. On the 25th of June, a declaration of the deputies of Pennsylvania, met in provincial conference, expressing their willingness to concur in a vote declaring the United Colonies free and independent States, was laid before Congress and read. On the 28th of June, the committee appoint- ed to prepare a declaration of independence brought in a draught, which was read, (xli) xlii THE DECLARATION OF INDEPENDENCE OF and to institute new Government, laying its foundation on such prin- ciples and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpa- tions, pursuing invariably the same Object evinces a design to re- duce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.–Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the pres- ent King of Great Britain is a history of repeated injuries and usurpa- tions, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world. He has refused his Assent to Laws, the most wholesome and nec- essary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his As- sent should be obtained; and when so suspended, he has utterly neglected to attend to them. He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of and ordered to lie on the table. On the 1st of July, a resolution of the conven- tion of Maryland, passed the 28th of June, authorizing the deputies of that colony to concur in declaring the United Colonies free and independent States, was laid before Congress and read. On the same day Congress resolved itself into a com- mittee of the whole, to take into consideration the resolution respecting inde- pendency. On the 2d of July, a resolution declaring the colonies free and inde- pendent States, was adopted. A declaration to that effect was, on the same and the following days, taken into further consideration. Finally, on the 4th of July, the Declaration of Independence was agreed to, engrossed on paper, signed by John Hancock as president, and directed to be sent to the several assemblies, con- ventions, and committees, or councils of safety, and to the several commanding officers of the continental troops, and to be proclaimed in each of the United States, and at the head of the Army. It was also ordered to be entered upon the Journals of Congress, and on the 2d of August, a copy engrossed on parch- ment was signed by all but one of the fifty-six signers whose names are appended to it. That one was Matthew Thornton, of New Hampshire, who on taking his seat in November asked and obtained the privilege of signing it. Several who signed it on the 2d of August were absent when it was adopted on the 4th of July, but, approving of it, they thus signified their approbation. NOTE.-The proof of this document, as published above, was read by Mr. Ferdi- nand Jefferson, the Keeper of the Rolls at the Department of State, at Wash- ington, who compared it with the fac-simile of the original in his custody. He says: "In the fac-simile, as in the original, the whole instrument runs on without a break, but dashes are mostly inserted. I have, in this copy, followed the ar- rangement of paragraphs adopted in the publication of the Declaration in the newspaper of John Dunlap, and as printed by him for the Congress, which printed copy is inserted in the original Journal of the old Congress. The same paragraphs are also made by the author, in the original draught preserved in the Department of State.” THE UNITED STATES OF AMERICA—1776. xliii ures. Representation in the Legislature, a right inestimable to them and formidable to tyrants only. He has called together legislative bodies at places unusual, uncom- fortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his meas- He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people. He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within. He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migration hither, and rais- ing the conditions of new Appropriations of Lands. He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary Powers. He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries. He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our People, and eat out their substance. He has kept among us, in times of peace, Standing Armies without the Consent of our legislature He has affected to render the Military independent of and su- perior to the Civil Power. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their acts of pretended Legislation: For quartering large bodies of armed troops among us: For protecting them, by a mock Trial, from Punishment for any Murders which they should commit on the Inhabitants of these States: For cutting off our Trade with all parts of the world: For imposing taxes on us without our Consent: For depriving us in many cases, of the benefits of Trial by Jury: For transporting us beyond Seas to be tried for pretended offences: For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlar- ging its Boundaries so as to render it at once an example and fit in- strument for introducing the same absolute rule into these Colonies: For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Government: For suspending our own Legislature, and declaring themselves invested with Power to legislate for us in all cases whatsoever. He has abdicated Government here, by declaring us out of his Protection and waging War against us. He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people. He is at this time transporting large armies of foreign mercenaries to compleat the works of death, desolation and tyranny, already be- xliy THE DECLARATION OF INDEPENDENCE OF gun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation. He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the execution- ers of their friends and Brethren, or to fall themselves by their Hands. He has excited domestic insurrections amongst us, and has en- deavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. In every stage of these Oppressions We have Petitioned for Re- dress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free People. Nor have We been wanting in attention to our Brittish brethren. We have warned them from time to time of attempts by their legisla- ture to extend an unwarrantable jurisdiction over us. We have re- minded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our con- nections and correspondence They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends. We, therefore, the Representatives of the united States of Amer- ica, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection be- tween them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the Protection of Divine Providence, we mu- tually pledge to each other our Lives, our Fortunes and our sacred Honor. JOHN HANCOCK. New Hampshire. JOSIAH BARTLETT, MATTHEW THORNTON. WM. WHIPPLE, Massachusetts Bay. SAML. ADAMS, ROBT. TREAT PAINE, JOHN ADAMS, ELBRIDGE GERRY. Rhode Island. STEP. HOPKINS, WILLIAM ELLERY. THE UNITED STATES OF AMERICA-1776. xlv Connecticut. ROGER SHERMAN, WM. WILLIAMS, SAM'EL HUNTINGTON, OLIVER WOLCOTT. New York. WM. FLOYD, FRANS. LEWIS, PHIL. LIVINGSTON, LEWIS MORRIS. New Jersey. RICHD. STOCKTON, JOHN HART, JNO. WITHERSPOON, ABRA, CLARK. FRAS. HOPKINSON, Pennsylvania. ROBT. MORRIS, JAS. SMITH, BENJAMIN RUSH, GEO. TAYLOR, BENJA. FRANKLIN, JAMES WILSON, JOHN MORTON, GEO. ROSS. GEO. CLYMER, Delaware. CÆSAR RODNEY, THO, M'KEAN. GEO. READ, Maryland. SAMUEL CHASE, THOS. STONE, WM. PACA, CHARLES CARROLL of Carrollton. Virginia. GEORGE WYTHE, THOS. NELSON, Jr., RICHARD HENRY LEE, FRANCIS LIGHTFOOT LEE, TH. JEFFERSON, CARTER BRAXTON. BENJA. HARRISON, North Carolina. WM. HOOPER, JOHN PENN. JOSEPH HEWES, South Carolina. EDWARD RUTLEDGE, THOMAS LYNCH, Junr., THOS. HEYWARD, Junr., ARTHUR MIDDLETON. Georgia. BUTTON GWINNETT, GEO. WALTON. LYMAN HALL, NOTE.-Mr. Ferdinand Jefferson, Keeper of the Rolls in the Department of State, at Washington, says: "The names of the signers are spelt above as in the fac-simile of the original, but the punctuation of them is not always the same; neither do the names of the States appear in the fac-simile of the original. The names of the signers of each State are grouped together in the fac-simile of the original, except the name of Matthew Thornton, which follows that of Oliver Wolcott." ARTICLES OF CONFEDERATION-1777.* – To all to whom these Presents shall come, we the undersigned Delegates of the States affixed to our Names send greeting. Whereas the Delegates of the United States of America in Con- gress assembled did on the fifteenth day of November in the Year of our Lord One Thousand Seven Hundred and Seventyseven, and in the Second Year of the Independence of America agree to cer- tain articles of Confederation and perpetual Union between the States of Newhampshire, Massachusetts-bay, Rhodeisland and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Del- aware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia in the Words following, viz. “Articles of Confederation and perpetual Union between the States of Newhampshire, Massachusetts-bay, Rhodeisland and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia. Article I. The stile of this confederacy shall be "The United States of America.” Article II. Each State retains its sovereignty, freedom and inde- pendence, and every power, jurisdiction and right, which is not by *Congress Resolved, on the 11th of June, 1776, that a committee should be ap- pointed to prepare and digest the form of a confederation to be entered into be- tween the Colonies; and on the day following, after it had been determined that the committee should consist of a member from each Colony, the following per- sons were appointed to perform that duty, to wit: Mr. Bartlett, Mr. S. Adams, Mr. Hopkins, Mr. Sherman, Mr. R. R. Livingston, Mr. Dickinson, Mr. M'Kean, Mr. Stone, Mr. Nelson, Mr. Hewes, Mr. E. Rutledge, and Mr. Gwinnett. Upon the report of this committee, the subject was, from time to time, debated, until the 15th of November, 1777, when a copy of the confederation being made out, and sundry amendments made in the diction, without altering the sense, the same was finally agreed to. Congress, at the same time, directed that the articles should be proposed to the legislatures of all the United States, to be considered, and if approved of by them, they were advised to authorize their delegates to ratify the same in the Congress of the United States; which being done, the same should become conclusive. Three hundred copies of the Articles of Confederation were ordered to be printed for the use of Congress; and on the 17th of November, the form of a circular letter to accompany them was brought in by a committee appointed to prepare it, and being agreed to, thirteen copies of it were ordered to be made out, to be signed by the president and forwarded to the several States, with copies of the confederation. On the 29th of November ensuing, a committee of three was appointed, to procure a translation of the articles to be made into the French language, and to report an address to the inhabitants of Canada, &c. On the 26th of June, 1778, the form of a ratification of the Articles of Confederation was adopted, and, it having been engrossed on parchment, it was signed on the 9th (xlvii) xlviii ARTICLES OF CONFEDERATION OF this confederation expressly delegated to the United States, in Con- gress assembled. Dred Scott v. Sanford, 19 How. 393, 15 L. Ed. 691; Texas v. White, 7 Wall. 725, 19 L. Ed. 227. Article III. The said States hereby severally enter into a firm a league of friendship with each other, for their common defence, the security of their liberties, and their mutual and general welfare, bind- ing themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sov- ereignty, trade, or any other pretence whatever. Article IV. The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, paupers, vaga- bonds and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States; and the people of each State shall have free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions and restrictions as the inhabitants thereof respectively, provided that such restrictions shall not extend so far as to prevent the removal of prop- erty imported into any State, to any other State of which the owner is an inhabitant; provided also that no imposition, duties or restric- tion shall be laid by any State, on the property of the United States, or either of them. If any person guilty of, or charged with treason, felony, or other high misdemeanor in any State, shall flee from justice, and be found in any of the United States, he shall upon demand of the Governor of July on the part and in behalf of their respective States, by the delegates of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, Pennsylvania, Virginia, and South Carolina, agreeably to the powers vested in them. The delegates of North Carolina signed on the 21st of July, those of Georgia on the 24th of July, and those of New Jersey on the 26th of November following. On the 5th of May, 1779, Mr. Dickinson and Mr. Van Dyke signed in behalf of the State of Delaware, Mr. M'Kean having previously signed in February, at which time he produced a power to that effect. Maryland did not ratify until the year 1781. She had instructed her delegates, on the 15th of December, 1778, not to agree to the confederation until matters respecting the western lands should be settled on principles of equity and sound policy; but, on the 30th of January, 1781, finding that the enemies of the country took advantage of the circumstance to disseminate opinions of an ultimate dissolution of the Union, the legislature of the State passed an act to empower their delegates to subscribe and ratify the articles, which was accordingly done by Mr. Hanson and Mr. Car- roll, on the 1st of March of that year, which completed the ratifications of the act; and Congress assembled on the 2d of March under the new powers. NOTE.-The proof of this document, as published above, was read by Mr. Ferdi- nand Jefferson, the Keeper of the Rolls of the Department of State, at Washing- ton, who compared it with the original in his custody. He says: "The initial let- ters of many of the words in the original of this instrument are capitals, but as no system appears to have been observed, the same words sometimes beginning with a capital and sometimes with a small letter, I have thought it best not to undertake to follow the original in this particular. Moreover, there are three forms of the letter s: the capital S, the small s, and the long f, the last being used in- discriminately to words that should begin with a capital and those that should begin with a small s." THE UNITED STATES OF AMERICA—1777. xlix or Executive power, of the State from which he fled, be delivered up and removed to the State having jurisdiction of his offence. Full faith and credit shall be given in each of these States to the records, acts and judicial proceedings of the courts and magistrates of every other State. Article V. For the more convenient management of the general interests of the United States, delegates shall be annually appointed in such manner as the legislature of each State shall direct, to meet in Congress on the first Monday in November, in every year, with a power reserved to each State, to recall its delegates, or any of them, at any time within the year, and to send others in their stead, for the remainder of the vear. No State shall be represented in Congress by less than two, nor by more than seven members; and no person shall be capable of be- ing a delegate for more than three years in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the United States, for which he, or another for his ben- efit receives any salary, fees or emolument of any kind. Each State shall maintain its own delegates in a meeting of the States, and while they act as members of the committee of the States. In determining questions in the United States, in Congress assem- bled, each State shall have one vote. Freedom of speech and debate in Congress shall not be impeached or questioned in any court, or place out of Congress, and the mem- bers of Congress shall be protected in their persons from arrests and imprisonments, during the time of their going to and from, and at- tendance on Congress, except for treason, felony, or breach of the peace. Article VI. No State without the consent of the United States in Congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance or treaty with any king prince or state; nor shall any person holding any office of profit or trust under the United States, or any of them, accept of any present, emolument, office or title of any kind whatever from any king, prince or foreign state; nor shall the United States in Congress assembled, or any of them, grant any title of nobility. No two or more States shall enter into any treaty, confederation or alliance whatever between them, without the consent of the United States in Congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue. No State shall lay any imposts or duties, which may interfere with any stipulations in treaties, entered into by the United States in Con- gress assembled, with any king, prince or state, in pursuance of any treaties already proposed by Congress, to the courts of France and Spain. No vessels of war shall be kept up in time of peace by any State, except such number only, as shall be deemed necessary by the United States in Congress assembled, for the defence of such State, or its trade; nor shall any body of forces be kept up by any State, in time of peace, except such number only, as in the judgment of the United States, in Congress assembled, shall be deemed requisite to garrison VOL.1 LAWS '01-d 1 ARTICLES OF CONFEDERATION OF the forts necessary for the defence of such State; but every State shall always keep up a well regulated and disciplined militia, suffi- ciently armed and accoutered, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition and camp equipage. No State shall engage in any war without the consent of the United States in Congress assembled, unless such State be actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such State, and the dan- ger is so imminent as not to admit of a delay, till the United States in Congress assembled can be consulted: nor shall any State grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States in Congress assembled, and then only against the kingdom or state and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the United States in Congress assembled, unless such State be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States in Congress assembled shall determine otherwise. Article VII. When land-forces are raised by any State for the common defence, all officers of or under the rank of colonel, shall be appointed by the Legislature of each State respectively by whom such forces shall be raised, or in such manner as such State shall direct, and all vacancies shall be filled up by the State which first made the appointment. Article VIII. All charges of war, and all other expenses that shall be incurred for the common defence or general welfare, and allowed by the United States in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several States, in proportion to the value of all land within each State, granted to or surveyed for any person, as such land and the buildings and improve- inents thereon shall be estimated according to such mode as the United States in Congress assembled, shall from time to time direct and appoint. The taxes for paying that proportion shall be laid and levied by the authority and direction of the Legislatures of the several States with- in the time agreed upon by the United States in Congress assembled. Article IX. The United States in Congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article—of sending and receiving ambassadors-entering into treaties and alliances, pro- vided that no treaty of commerce shall be made whereby the legisla- tive power of the respective States shall be restrained from imposing such imposts and duties on foreigners, as their own people are sub- jected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever-of establishing rules for deciding in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated-of granting letters of marque and reprisal in times of peace--appointing THE UNITED STATES OF AMERICA-1777. li courts for the trial of piracies and felonies committed on the high seas and establishing courts for receiving and determining finally appeals in all cases of captures, provided that no member of Con- gress shall be appointed a judge of any of the said courts. The United States in Congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more States concerning bound- ary, jurisdiction or any other cause whatever; which authority shall always be exercised in the manner following. Whenever the legisla- tive or executive authority or lawful agent of any State in contro- versy with another shall present a petition to Congress, stating the matter in question and praying for a hearing, notice thereof shall be given by order of Congress to the legislative or executive author- ity of the other State in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in ques- tion: but if they cannot agree, Congress shall name three persons out of each of the United States, and from the list of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen; and from that number not less than seven, nor more than nine names as Congress shall direct, shall in the presence of Congress be drawn out by lot, and the persons whose names shall be so drawn or any five of them, shall be commissioners or judges, to hear and finally determine the contro- versy, so always as a major part of the judges who shall hear the cause shall agree in the determination: and if either party shall neglect to attend at the day appointed, without showing reasons, which Con- gress shall judge sufficient, or being present shall refuse to strike, the Congress shall proceed to nominate three persons out of each State, and the Secretary of Congress shall strike in behalf of such party absent or refusing; and the judgment and sentence of the court to be appointed, in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence, or judg- ment, which shall in like manner be final and decisive, the judgment or sentence and other proceedings being in either case transmitted to Congress, and lodged among the acts of Congress for the security of the parties concerned: provided that every commissioner, before he sits in judgment, shall take an oath to be administered by one of the judges of the supreme or superior court of the State where the cause shall be tried, "well and truly to hear and determine the matter in question, according to the best of his judgment, without favour, affection or hope of reward :” provided also that no State shall be deprived of territory for the benefit of the United States. All controversies concerning the private right of soil claimed un- der different grants of two or more States, whose jurisdiction as they may respect such lands, and the States which passed such grants are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdic- lii ARTICLES OF CONFEDERATION OF tion, shall on the petition of either party to the Congress of the United States, be finally determined as near as may be in the same manner as is before prescribed for deciding disputes respecting ter- ritorial jurisdiction between different States. The United States in Congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective States.—fixing the standard of weights and measures throughout the United States.-regulating the trade and managing all affairs with the Indians, not members of any of the States, provided that the legislative right of any State within its own limits be not in- fringed or violated—establishing and regulating post-offices from one State to another, throughout all the United States, and exacting such postage on the papers passing thro' the same as may be requisite to defray the expenses of the said office—appointing all officers of the land forces, in the service of the United States, excepting regimental officers-appointing all the officers of the naval forces, and commis- sioning all officers whatever in the service of the United States- making rules for the government and regulation of the said land and naval forces, and directing their operations. The United States in Congress assembled shall have authority to appoint a committee, to sit in the recess of Congress, to be denom- inated "a Committee of the States," and to consist of one delegate from each State; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States under their direction—to appoint one of their number to preside, provided that no person be allowed to serve in the office of president more than one year in any term of three years; to as- certain the necessary sums of money to be raised for the service of the United States, and to appropriate and apply the same for defraying the public expenses—to borrow money, or emit bills on the credit of the United States, transmitting every half year to the respective States an account of the sums of money so borrowed or emitted,—to build and equip a navy—to agree upon the number of land forces, and to make requisitions from each State for its quota, in proportion to the number of white inhabitants in such State; which requisition shall be binding, and thereupon the Legislature of each State shall appoint the regimental officers, raise the men and cloath, arm and equip them in a soldier like manner, at the expense of the United States; and the officers and men so cloathed, armed and equipped shall march to the place appointed, and within the time agreed on by the United States in Congress assembled: but if the United States in Congress assembled shall, on consideration of cir- cumstances judge proper that any State should not raise men, or should raise a smaller number than its quota, and that any other State should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, cloathed, armed and equipped in the same manner as the quota of such State, unless the legislature of such State shall judge that such extra number cannot be safely spared out of the same, in which case they shall raise officer, cloath, arm and equip as many of such extra number as they judge THE UNITED STATES OF AMERICA—liii - 1777. can be safely spared. And the officers and men so cloathed, armed and equipped, shall march 'to the place appointed, and within the time agreed on by the United States in Congress assembled. The United States in Congress assembled shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expenses necessary for the defence and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor ap- propriate money, nor agree upon the number of vessels of war, to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander in chief of the army or navy, unless nine States assent to the same: nor shall a question on any other point, except for adjourning from day to day be determined, unless by the votes of a majority of the United States in Congress assembled. The Congress of the United States shall have power to adjourn to any time within the year, and to any place within the United States, so that no period of adjournment be for a longer duration than the space of six months, and shall publish the journal of their proceedings monthly, except such parts thereof relating to treaties, alliances or military operations, as in their judgment require secresy; and the yeas and nays of the delegates of each State on any question shall be entered on the journal, when it is desired by any delegate; and the delegates of a State, or any of them, at his or their request shall be furnished with a transcript of the said journal, except such parts as are above excepted, to lay before the Legislatures of the several States. Article X. The committee of the States, or any nine of them, shall be authorized to execute, in the recess of Congress, such of the pow- ers of Congress as the United States in Congress assembled, by the consent of nine States, shall from time to time think expedient to vest them with; provided that no power be delegated to the said commit- tee, for the exercise of which, by the articles of confederation, the voice of nine States in the Congress of the United States assembled is requisite. Article XI. Canada acceding to this confederation, and joining in the measures of the United States, shall be admitted into, and enti- tled to all the advantages of this Union: but no other colony shall be admitted into the same, unless such admission be agreed to by nine States. Article XII. All bills of credit emitted, monies borrowed and debts contracted by, or under the authority of Congress, before the as- sembling of the United States, in pursuance of the present confedera- tion, shall be deemed and considered as a charge against the United States, for payment and satisfaction whereof the said United States, and the public faith are hereby solemnly pledged. Article XIII. Every State shall abide by the determinations of the United States in Congress assembled, on all questions which by this confederation are submitted to them. And the articles of this con- federation shall be inviolably observed by every State, and the Union shall be perpetual; nor shall any alteration at any time hereafter liv ARTICLES OF CONFEDERATION OF be made in any of them; unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the Legislatures of every State. And whereas it has pleased the Great Governor of the world to incline the hearts of the Legislatures we respectively represent in Congress, to approve of, and to authorize us to ratify the said articles of confederation and perpetual union. Know ye that we the under- signed delegates, by virtue of the power and authority to us given for that purpose, do by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual union, and all and singular the matters and things therein contained : and we do further solemnly plight and engage the faith of our re- spective constituents, that they shall abide by the determinations of the United States in Congress assembled, on all questions, which by the said confederation are submitted to them. And that the articles thereof shall be inviolably observed by the States we re[s]pec- tively represent, and that the Union shall be perpetual. In witness whereof we have hereunto set our hands in Congress. Done at Philadelphia in the State of Pennsylvania the ninth day of July in the year of our Lord one thousand seven hundred and seventy-eight, and in the third year of the independence of America.* On the part & behalf of the State of New Hampshire. JOSIAH BARTLETT, JOHN WENTWORTH, Junr., August 8th, 1778. On the part and behalf of the State of Massachusetts Bay JOHN HANCOCK, FRANCIS DANA, SAMUEL ADAMS, JAMES LOVELL, ELDBRIDGE GERRY, SAMUEL HOLTEN. On the part and behalf of the State of Rhode Island and Providence Plantations. WILLIAM ELLERY, JOHN COLLINS. HENRY MARCHANT, On the part and behalf of the State of Connecticut. ROGER SHERMAN, TITUS HOSMER, SAMUEL HUNTINGTON, ANDREW ADAMS. OLIVER WOLCOTT, On the part and behalf of the State of New York. JAS. DUANE, WM. DUER, FRA. LEWIS, GOUV. MORRIS. *From the circumstance of delegates from the same State having signed the Articles of Confederation at different times, as appears by the dates, it is prob- able they affixed their names as they happened to be present in Congress, after they had been authorized by their constituents. THE UNITED STATES OF AMERICA—1777. lv On the part and in behalf of the State of New Jersey, Novr. 26, 1798. JNO. WITHERSPOON, NATHL. SCUDDER. On the part and behalf of the State of Pennsylvania. ROBT. MORRIS, WILLIAM CLINGAN, DANIEL ROBERDEAU, JOSEPH REED, JONA. BAYARD SMITH, 220 July, 1778. On the part & behalf of the State of Delaware. THO. M'KEAN, Feby. 12, 1779. NICHOLAS VAN DYKE. JOHN DICKINSON, May 5th, 1779. On the part and behalf of the State of Maryland. JOHN HANSON, DANIEL CARROLL, March 1, 1781. Mar. 1, 1781. On the part and behalf of the State of Virginia. RICHARD HENRY LEE, JNO. HARVIE, JOHN BANISTER, FRANCIS LIGHTFOOT LEE. THOMAS ADAMS, On the part and behalf of the State of No. Carolina. JOHN PENN, July 21st, 1778. JNO. WILLIAMS. CORNS. HARNETT, On the part & behalf of the State of South Carolina. HENRY LAURENS, RICHD. HUTSON, WILLIAM HENRY DRAYTON, THOS. HEYWARD, Junr. JNO. MATHEWS, On the part & behalf of the State of Georgia. JNO. WALTON, 24th July, 1778. EDWD. LANGWORTHY, EDWD. TELFAIR, * THE NORTHWEST TERRITORIAL GOVERNMENT-1787, [The CONFEDERATE CONGRESS, July 13, 1787. ] An Ordinance for the government of the territory of the United States northwest of the river Ohio. Section 1. Be it ordained by the United States in Congress assem- bled, That the said territory, for the purpose of temporary government, be one district, subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedi- ent. Sec. 2. Be it ordained by the authority aforesaid, That the estates both of resident and non-resident proprietors in the said territory, dying intestate, shall descend to, and be distributed among, their chil- dren and the descendants of a deceased child in equal parts, the de- scendants of a deceased child or grandchild to take the share of their deceased parent in equal parts among them; and where there shall be no children or descendants, then in equal parts to the next of kin, in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate shall have, in equal parts among them, their deceased parent's share; and there shall , in no case, be a distinc- tion between kindred of the whole and half blood; saving in all cases to the widow of the intestate, her third part of the real estate for life, and one-third part of the personal estate; and this law relative to descents and dower, shall remain in full force until altered by the legislature of the district. And until the governor and judges shall adopt laws as hereinafter mentioned, estates in the said territory may be devised or bequeathed by wills in writing, signed and sealed by him or her in whom the estate may be, (being of full age,) and attested by three wit- nesses; and real estates may be conveyed by lease and release, or bar- gain and sale, signed, sealed, and delivered by the person, being of full age, in whom the estate may be, and attested by two witnesses, provid- ed such wills be duly proved, and such conveyances be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magistrates, courts, and registers, shall be appointed for that purpose; and personal property may be transferred by delivery, saving, however, to the French and Canadian inhabitants, and other settlers of the Kaskaskies, Saint Vincents, and the neighboring villages, who have heretofore professed themselves citizens of Virginia, their laws and customs now in force among them, relative to the descent and conveyance of property. Sec. 3. Be it ordained by the authority aforesaid, That there shall (lvii) lviii THE NORTHWEST TERRITORIAL GOVERNMENT—1787. be appointed, from time to time, by Congress, a governor, whose com- mission shall continue in force for the term of three years, unless sooner revoked by Congress; he shall reside in the district, and have a free- hold estate therein, in one thousand acres of land, while in the exercise of his office. Sec. 4. There shall be appointed from time to time, by Congress, a secretary, whose commission shall continue in force for four years, unless sooner revoked; he shall reside in the district, and have a free- hold estate therein, in five hundred acres of land, while in the exercise of his office. It shall be his duty to keep and preserve the acts and laws passed by the legislature, and the public records of the district, and the proceedings of the governor in his executive department, and transmit authentic copies of such acts and proceedings every six months to the Secretary of Congress. There shall also be appointed a court, to consist of three judges, any two of whom to form a court, who shall have a common-law jurisdiction, and reside in the district, and have each therein a freehold estate, in five hundred acres of land, while in the exercise of their offices; and their commissions shall con- tinue in force during good behavior. Sec. 5. The governor and judges, or a majority of them, shall adopt and publish in the distric such laws of the original States, criminal and civil, as may be necessary, and best suited to the circumstances of the district, and report them to Congress from time to time, which laws shall be in force in the district until the organization of the general assembly therein, unless disapproved of by Congress; but afterwards the legislature shall have authority to alter them as they shall think fit. Sec. 6. The governor, for the time being, shall be commander-in- chief of the militia, appoint and commission all officers in the same be- low the rank of general officers; all general officers shall be appointed and commissioned by Congress. Sec. 7. Previous to the organization of the general assembly the governor shall appoint such magistrates, and other civil officers, in each county or township, as he shall find necessary for the preservation of the peace and good order in the same. After the general assembly shall be organized the powers and duties of magistrates and other civil officers shall be regulated and defined by the said assembly; but all magistrates and other civil officers, not herein otherwise directed, shall, during the continuance of this temporary government, be appointed by the governor. Sec. 8. For the prevention of crimes and injuries, the laws to be adopted or made shall have force in all parts of the district, and for the execution of process, criminal and civil, the governor shall make proper divisions thereof; and he shall proceed, from time to time, as circum- stances may require, to lay out the parts of the district in which the Indian titles shall have been extinguished, into counties and townships, subject, however, to such alterations as may thereafter be made by the legislature. Sec. 9. So soon as there shall be five thousand free male inhabitants, of full age, in the district, upon giving proof thereof to the governor, they shall receive authority, with time and place, to elect representa- tives from their counties or townships, to represent them in the general THE NORTHWEST TERRITORIAL GOVERNMENT—1787. lix assembly: Provided, That for every five hundred free male inhabitants there shall be one representative, and so on, progressively, with the number of free male inhabitants, shall the right of representation in- crease, until the number of representatives shall amount to twenty-five; after which the number and proportion of representatives shall be regu- lated by the legislature: Provided, That no person be eligible or quali- fied to act as a representative, unless he shall have been a citizen of one of the United States three years, and be a resident in the district, or unless he shall have resided in the district three years; and, in either case, shall likewise hold in his own right, in fee-simple, two hundred acres of land within the same: Provided also, That a freehold in fifty acres of land in the district, having been a citizen of one of the States, and being resident in the district, or the like freehold and two years' residence in the district, shall be necessary to qualify a man as an elector of a representative. Sec. 10. The representatives thus elected shall serve for the term of two years; and in case of the death of a representative, or removal from office, the governor shall issue a writ to the county or township, for which he was a member, to elect another in his stead, to serve for the residue of the term. Sec. II. The general assembly, or legislature, shall consist of the governor, legislative council, and a house of representatives. The leg- islative council shall consist of five members, to continue in office five years, unless sooner removed by Congress; any three of whom to be a quorum; and the members of the council shall be nominated and appointed in the following manner, to wit: As soon as representa- tives shall be elected the governor shall appoint a time and place for them to meet together, and when met they shall nominate ten persons, resident in the district, and each possessed of a freehold in five hundred acres of land, and return their names to Congress, five of whom Con- gress shall appoint and commission to serve as aforesaid; and when- ever a vacancy shall happen in the council, by death or removal from office, the house of representatives shall nominate two persons, quali- fied as aforesaid, for each vacancy, and return their names to Congress, one of whom Congress shall appoint and commission for the residue of the term; and every five years, four months at least before the ex- piration of the time of service of the members of the council, the said house shall nominate ten persons, qualified as aforesaid, and return their names to Congress, five of whom Congress shall appoint and commission to serve as members of the council five years, unless sooner removed. And the governor, legislative council, and house of repre- sentatives shall have authority to make laws in all cases for the good government of the district, not repugnant to the principles and articles in this ordinance established and declared. And all bills, having passed by a majority in the house, and by a majority in the council, shall be referred to the governor for his assent; but no bill, or legislative act whatever, shall be of any force without his assent. The governor shall have power to convene, prorogue, and dissolve the general assembly when, in his opinion, it shall be expedient. Sec. 12. The governor, judges, legislative council, secretary, and such other officers as Congress shall appoint in the district, shall take lx THE NORTHWEST TERR TORIAL GOVERNMENT—1787. an oath or affirmation of fidelity, and of office, the governor before the President of Congress, and all other officers before the governor. As soon as a legislature shall be formed in the district, the council and house assembled, in one room, shall have authority, by joint ballot, to elect a delegate to Congress, who shall have a seat in Congress with a right of debating, but not of voting, during this temporary govern- ment. Sec. 13. And for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws and constitutions, are erected; to fix and establish those principles as the basis of all laws, constitutions, and governments, which forever hereafter shall be formed in the said territory; to provide, also, for the establishment of States, and permanent government therein, and for their admission to a share in the Federal councils on an equal footing with the original States, at as early periods as may be consistent with the general interest: Sec. 14. It is hereby ordained and declared, by the authority afore- said, that the following articles shall be considered as articles of com- pact, between the original States and the people and States in the said territory, and forever remain unalterable, unless by common consent, to wit: ARTICLE I. No person, demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship, or religious sentiments, in the said territories. ARTICLE II. The inhabitants of the said territory shall always be entitled to the benefits of the writs of habeas corpus, and of the trial by jury; of a propotionate representation of the people in the legislature, and of judicial proceedings according to the course of the common law. All persons shall be bailable, unless for capital offences, where the proof shall be evident, or the presumption great. All fines shall be moderate; and no cruel or unusual punishments shall be inflicted. No man shall be deprived of his liberty or property, but by the judgment of his peers, or the law of the land, and should the public exigencies make it nec- essary, for the common preservation, to take any person's property, or to demand his particular services, full compensation shall be made for the same. And, in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made or have force in the said territory, that shall, in any manner whatever, inter- fere with or affect private contracts, or engagements, bona fide, and without fraud previously formed. ARTICLE III. Religion, morality, and knowledge being necessary to good govern- ment and the happiness of mankind, schools and the means of educa- tion shall forever be encouraged. The utmost good faith shall always be observed towards the Indians; their lands and property shall never THE NORTHWEST TERRITORIAL GOVERNMENT—1787. lxi be taken from them without their consent; and in their property, rights, and liberty they never shall be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity shall, from time to time, be made, for preventing wrongs being done to them, and for preserving peace and friendship with them. ARTICLE IV. The said territory, and the States which may be formed therein, shall forever remain a part of this confederacy of the United States of America, subject to the Articles of Confederation, and to such altera- tions therein as shall be constitutionally made; and to all the acts and ordinances of the United States in Congress assembled, conformable thereto. The inhabitants and settlers in the said territory shall be subject to pay a part of the Federal debts, contracted, or to be con- tracted, and a proportional part of the expenses of government to be apportioned on them by Congress, according to the same common rule and measure by which apportionments thereof shall be made on the other States; and the taxes for paying their proportion shall be laid and levied by the authority and direction of the legislatures of the dis- trict, or districts, or new States, as in the original States, within the time agreed upon by the United States in Congress assembled. The legislatures of those districts, or new States, shall never interfere with the primary disposal of the soil by the United States in Congress as- sembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona-fide purchasers. No tax shall be imposed on lands the property of the United States; and in no case shall non-resident proprietors be taxed higher than residents. The navigable waters leading into the Mississippi and Saint Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory as to the citizens of the United States, and those of any other States that may be admitted into the confederacy, without any tax, impost, or duty therefor. ARTICLE V. There shall be formed in the said territory not less than three nor more than five States; and the boundaries of the States, as soon as Virginia shall alter her act of cession and consent to the same, shall become fixed and established as follows, to wit: The western State, in the said territory, shall be bounded by the Mississippi, the Ohio, and the Wabash Rivers; a direct line drawn from the Wabash and Post Vincents, due north, to the territorial line between the United States and Canada; and by the said territorial line to the Lake of the Woods and Mississippi. The middle State shall be bounded by the said direct line, the Wabash from Post Vincents to the Ohio, by the Ohio, by a direct line drawn due north from the mouth of the Great Miami to the said territorial line, and by the said territorial line. The eastern State shall be bounded by the last-mentioned direct line, the Ohio, Pennsylvania, and the said territorial line: Provided, however, And it is further understood and declared, that the boundaries of these three States shall be subject so far to be altered, that, if Congress shall lxii THE NORTHWEST TERRITORIAL GOVERNMENT—1787. hereafter find it expedient, they shall have authority to form one or two States in that part of the said territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan. And whenever any of the said States shall have sixty thousand free inhabitants therein, such State shall be admitted, by its delegates, into the Congress of the United States, on an equal footing with the original States, in all respects whatever; and shall be at lib- erty to form a permanent constitution and State government: Pro- vided, The constitution and government, so to be formed, shall be republican, and in conformity to the principles contained in these arti- cles, and, so far as it can be consistent with the general interest of the confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the State than sixty thousand. ARTICLE VI. There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted: Provided always, That any per- son escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed, and conveyed to the person claiming his or her labor or service as aforesaid. Be it ordained by the authority aforesaid, That the resolutions of the 23d of April, 1784, relative to the subject of this ordinance, be, and the same are hereby, repealed, and declared null and void. Done by the United States, in Congress assembled, the 13th day of July, in the year of our Lord 1787, and of their sovereignty and independence the twelfth. Wallace v. Parker, 6 Pet. 680, 8 L. Ed. 513; Jones v. Van Zandt, 5 How. 215, 12 L. Ed. 122; Strader v. Graham, 10 How. 82, 15 L. Ed. 464; Pennsylvania v. Wheeling Bridge Co., 18 How. 421, 13 L. Ed. 294; Bates v. Brown, 5 Wall. 710, 18 L. Ed. 535; Messenger v. Mason, 10 Wall. 507, 19 L. Ed. 1028; Clinton v. Englebrecht, 13 Wall. 434, 20 L. Ed. 659; Langdeau v. Hanes, 21 Wall. 521, 22 L. Ed. 606; Morton v. Nebraska, 21 Wall. 660, 22 L. Ed. 639. CONSTITUTION OF THE UNITED STATES-1787. WE THE PEOPLE of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, pro- vide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Pos- terity, do ordain and establish this CONSTITUTION for the United States of America. Chisholm v. Georgia, 2 Dall. 419, 1 L. Ed. 440; McCulloch v. State of Maryland, 4 Wheat. 316, 4 L. Ed. 579; Brown v. Maryland, 12 Wheat. 419, 6 L. Ed. 678; Barron v. The Mayor and City Council of Baltimore, 7 Pet. 243, 8 L. Ed. 672; Lane County v. Oregon, 7 Wall. 71, 19 L. Ed. 101; Texas v. White, 7 Wall. 700, 22 L. Ed. 819. ARTICLE I. Section. I. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Hayburn's Case (notes), 2 Dall. 409, 1 L. Ed. 436; United States v. Harris, 106 U. S. 629, 1 Sup. Ct. 601, 27 L. Ed. 290; In re Kollock, 1653 U. S. 526, 17 Sup. Ct. 444, 41 L. Ed. 813; Field v. Clark, 143 U. S. 649, 12 Sup. Ct. 495, 36 L. Ed. 294. *In May, 1785, a committee of Congress made a report recommending an alter- ation in the Articles of Confederation, but no action was taken on it, and it was left to the State Legislatures to proceed in the matter. In January, 1786, the Legislature of Virginia passed a resolution providing for the appointment of five commissioners, who, or any three of them, should meet such commissioners as might be appointed in the other States of the Union, at a time and place to be agreed upon, to take into consideration the trade of the United States; to con- sider how far a uniform system in their commercial regulations may be necessary to their common interest and their permanent harmony; and to report to the ser- eral States such an act, relative to this great object, as, when ratified by them, will enable the United States in Congress effectually to provide for the same. The Virginia commissioners, after some correspondence, fixed the first Monday in Sep- tember as the time, and the city of Annapolis as the place for the meeting, but only four other States were represented, viz: Delaware, New York, New Jersey, and Pennsylvania; the commissioners appointed by Massachusetts, New Hamp- shire, North Carolina, and Rhode Island failed to attend. Under the circum- stances of so partial a representation, the commissioners present agreed upon a report, (drawn by Mr. Hamilton, of New York,) expressing their unanimous con- viction that it might essentially tend to advance the interests of the Union if the States by which they were respectively delegated would concur, and use their en- deavors to procure the concurrence of the other States, in the appointment of com- missioners to meet at Philadelphia on the second Monday of May following, to take into consideration the situation of the United States; to devise such further provisions as should appear to them necessary to render the Constitution of the Federal Government adequate to the exigencies of the Union; and to report such an act for that purpose to the United States in Congress assembled as, when agreed to by them and afterwards confirmed by the Legislatures of every State, would effectually provide for the same. Congress, on the 21st of February, 1787, adopted a resolution in favor of a (lxiii) lxiy CONSTITUTION OF THE UNITED STATES—1787. (Art. 1, § 2 Section. 2. 1The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. Wiley v. Sinkler, 179 U. S. 58, 21 Sup. Ct. 17, 45 L. Ed. 84. 2 No Person shall be a Representative who shall not have attained to the Age of twenty-five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. Boyd v. Nebraska, 143 U. S. 135, 12 Sup. Ct. 375, 36 L.Ed. 103. 3* [Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, accord- ing to their respective Numbers, which shall be determined by add- ing to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.] The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Repre- sentatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enu- meration shall be made, the State of New Hampshire shall be en- titled to chuse three, Massachusetts eight, Rhode Island and Provi- dence Plantations one, Connecticut five, New-York six, New Jersey convention, and the Legislatures of those States which had not already done so (with the exception of Rhode Island) promptly appointed delegates. On the 25th of May, seven States having convened, George Washington, of Virginia, was unanimously elected President, and the consideration of the proposed constitution was commenced. On the 17th of September, 1787, the Constitution as engrossed and agreed upon was signed by all the members present, except Mr. Gerry, of Massachusetts, and Messrs. Mason and Randolph, of Virginia. The president of the convention transmitted it to Congress, with a resolution stating how the pro- posed Federal Government should be put in operation, and an explanatory letter. Congress, on the 28th of September, 1787, directed the Constitution so framed, with the resolutions and letter concerning the same, to “be transmitted to the several Legislatures in order to be submitted to a convention of delegates chosen in each State by the people thereof, in conformity to the resolves of the conven- tion." On the 4th of March, 1789, the day which had been fixed for commencing the operations of Government under the new Constitution, it had been ratified by the conventions chosen in each State to consider it, as follows: Delaware, December 7, 1787; Pennsylvania, December 12, 1787; New Jersey, December 18, 1787; Georgia, January 2, 1788; Connecticut, January 9, 1788; Massachusetts, Febru- ary 6, 1788; Maryland, April 28, 1788; South Carolina, May 23, 1788; New Hampshire, June 21, 1788; Virginia, June 26, 1788; and New York, July 26, 1788. The President informed Congress, on the 28th of January, 1790, that North Car- olina had ratified the Constitution November 21, 1789; and he informed Congress on the 1st of June, 1790, that Rhode Island had ratified the Constitution May 29, 1789. Vermont, in convention, ratified the Constitution January 10, 1789, and was, by an act of Congress approved February 19, 1791, "received and admitted into this Union as a new and entire member of the United States." *The clause included in brackets is amended by the 14th amendment, 2d section, p. ciii. Art. 1, $ 4) CONSTITUTION OF THE UNITED STATES—1787. lxy four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. Veazie Bank v. Fenno, 8 Wall. 533, 19 L. Ed. 482; Scholey v. Rew, 23 Wall. 331, 23 L. Ed. 99; Thomas v. Gay, 169 U. S. 264, 18 Sup. Ct. 340, 42 L. Ed. 740; Pollock v. Farmers' L. & T. Co., 157 U. S. 429, 15 Sup. Ct. 673, 39 L. Ed. 759. * When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. 5 The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment. Section. 3. 1 The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. 2 Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Ex- piration of the sixth Year, so that one-third may be chosen every second Year; and if Vacancies happen by Resignation, or other- wise, during the Recess of the Legislature of any State, the Execu- tive thereof may make temporary Appointments until the next Meet- ing of the Legislature, which shall then fill such Vacancies. 3 No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. Boyd v. Nebraska, 143 U. S. 135, 12 Sup. Ct. 381, 36 L. Ed. 103. 4 The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. 5 The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States. • The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Con- currence of two thirds of the Members present. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States : but the Party convicted shall nevertheless be liable and subject to Indict- ment, Trial, Judgment and Punishment, according to Law. Section. 4. i The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators. The Ku-Klux Cases, 110 U. S. 651, 4 Sup. Ct. 152, 28 L. Ed. 274. VOL.1 LAWS '01-e lxvi $ CONSTITUTION OF THE UNITED STATES—1787. (Art. 1, § 4 2 The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day. Section. 5. 1 Each House shall be the Judge of the Elections, Re- turns, and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Num- ber may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide. United States v. Ballin, 144 U. S. 1, 12 Sup. Ct. 507, 36 L. Ed. 321. 2 Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member. Anderson v. Dunn, 6 Wheat. 204, 5 L. Ed. 242; United States v. Bal- lin, 144 U. S. 1, 12 Sup. Ct. 507, 36 L. Ed. 321. 3 Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those present, be entered on the Journal. Field v. Clark, 143 U. S. 649, 12 Sup. Ct. 495, 36 L. Ed. 294; United States v. Ballin, 144 U. S. 1, 12 Sup. Ct. 507, 36 L. Ed. 321. 4 Neither House, during the Session of Congress, shall, without , the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting. Section. 6. 1 The Senators and Representatives shall receive a Com- pensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, ex- cept Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place. Coxe v. McClenachan, 3 Dall. 478, 1 L. Ed. 687. 2 No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emolu- ments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Mem- ber of either House during his Continuance in Office. Section. 7. 1A11 Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. 2 Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Recon- Art. 1, § 8) lxvii CONSTITUTION OF THE UNITED STATES—1787. sideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law. 3 Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, accord- ing to the Rules and Limitations prescribed in the Case of a Bill. Section. 8. 1 The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; Hylton v. United States, 3 Dall. 171, 1 L. Ed. 556; McCulloch v. State of Maryland, 4 Wheat. 316, 4 L. Ed. 579; Lougborough v. Blake, 5 Wheat. 317, 5 L. Ed. 98; Osborn v. United States Bank, 9 Wheat. 738, 6 L. Ed. 204; Weston v. City Council of Charlestown, 2 Pet. 449, 7 L. Ed. 481; Dobbins v. Commissioners of Erie County, 16 Pet. 435, 10 L. Ed. 1022; License Cases, 5 How. 504, 12 L. Ed. 256; Cooley v. Board of Wardens of Port of Philadelphia, 12 How. 299, 13 L. Ed. 996; Mc- Guire v. Commonwealth, 3 Wall. 387, 18 L. Ed. 164; Van Allen v. As- sessors, 3 Wall. 573, 18 L. Ed. 229; Bradley v. People, 4 Wall. 459, 18 L. Ed. 433; License Tax Oases, 5 Wall. 462, 18 L. Ed. 497; Pervear v. Commonwealth, 5 Wall. 475, 18 L. Ed. 608; Woodruff v. Parham, s Wall. 123, 19 L. Ed. 382; Hinson v. Lott, 8 Wall. 148, 19 L. Ed. 387; Veazie Bank v. Fenno, 8 Wall. 533, 19 L. Ed. 482; Collector v. Day, 11 Wall. 113, 20 L. Ed. 122; United States v. Singer, 15 Wall. 111, 21 L. Ed. 49; State Tax on Foreign-Held Bonds, 15 Wall. 300, 21 L. Ed. 179; United States v. Railroad Co., 17 Wall. 322, 21 L. Ed. 597; Rail- road Co. v. Peniston, 18 Wall. 5, 21 L. Ed. 787; Scholey v. Rew, 23 Wall. 331, 23 L. Ed. 99; Dooley v. United States, 183 U. S. 151, 22 Sup. Ot. 62, 46 L. Ed. 85; Downes v. Bidwell, 182 U. S. 244, 21 Sup. Ct. 770, 45 L. Ed. 1088; F. May & Co. v. City of New Orleans, 178 U. S. 496, 20 Sup. Ct. 976, 44 L. Ed. 1165; City of St. Louis v. Western Union Tel. Co., 148 U. S. 92, 13 Sup. Ct. 484, 37 L. Ed. 380; United States v. Realty Co., 163 U. S. 427, 16 Sup. Ct. 1120, 41 L. Ed. 215; Knowlton v. Moore, 178 U. S. 41, 20 Sup. Ct. 747, 44 L. Ed. 969; Inter- state Commerce Commission v. Alabama M. Ry. Co., 168 U. S. 144, 18 Sup. Ct. 45, 42 L. Ed. 414; Wilkerson v. Rahrer, 140 U. S. 545, 11 Sup. Ct. 865, 35 L. Ed. 572; United States v. Mock, 149 U. S. 273, 13 Sup. Ct. 849, 37 L. Ed. 732; Edye y. Robertson, 112 U. S. 580, 5 Sup. Ct. 247, 28 L. Ed. 798; Nicol v. Ames, 173 U. S. 509, 19 Sup. Ct. 522, 43 L. Ed. 786; Emert v. Missouri, 156 U. S. 296, 15 Sup. Ct. 367, 39 L. Ed. 430; Wagoner v. Evans, 170 U. S. 588, 18 Sup. Ct. 730, 42 L. Ed. 1154; Magoun v. Illinois Trust & Sav. Bank, 170 U. S. 283, 18 Sup. Ct. 594, 42 L. Ed. 1037; Missouri, K. & T. Ry. Co. v. Haber, 169 U. S. 613, 18 Sup. Ct. 488, 42 L. Ed. 878. lxviii CONSTITUTION OF THE UNITED STATES—1787. (Art. 1, § 8 2 To borrow Money on the credit of the United States; McCulloch v. State of Maryland, 4 Wheat. 316, 4 L. Ed. 579; Weston v. City Council of Charlestown, 2 Pet. 449, 7 L. Ed. 481; Bank of Com- merce v. New York City, 2 Black, 620, 17 L. Ed. 451; Bank Tax Cases, 2 Wall. 200, 17 L. Ed. 793; Banks v. Mayor, 7 Wall. 16, 19 L. Ed. 57; Bank v. Supervisors, 7 Wall. 26, 19 L. Ed. 60; Hepburn v. Griswold, 8 Wall. 603, 19 L. Ed. 513; National Bank v. Commonwealth, 9 Wall. 353, 19 L. Ed. 701; Parker v. Davis, 12 Wall. 457, 20 L. Ed. 287; City of Manchester v. Massachusetts, 139 U. S. 240, 11 Sup. Ct. 559, 35 L. Ed. 159; Wilson v. Iseminger, 185 U. S. 55, 22 Sup. Ct. 573, 46 L. Ed. 8 To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; Gibbons v. Ogden, 9 Wheat. 1, 6 L. Ed. 23; Brown v. State of Mary- land, 12 Wheat. 419, 6 L. Ed. 678; Wilson v. Black Bird Creek Marsh Co., 2 Pet. 245, 7 L. Ed. 412; Worcester v. Georgia, 6 Pet. 515, 8 L. Ed. 483; City of New York v. Miln, 11 Pet. 102, 9 L. Ed. 648; United States v. Coombs, 12 Pet. 72, 9 L. Ed. 1004; Holmes v. Jennison, 14 Pet. 504, 10 L. Ed. 579; License Cases, 5 How. 504, 12 L. Ed. 256; Passenger Cases, 7 How. 283, 12 L. Ed. 702; Nathan v. Louisiana, 8 How. 73, 12 L. Ed. 993; Mager v. Grima, 8 How. 490, 12 L. Ed. 1168; United States v. Marigold, 9 How. 560, 13 L. Ed. 257; Cooley v. Board of Wardens of Port of Philadelphia, 12 How. 299, 13 L. Ed. 996; Pro- peller Genesee Chief v. Fitzhugh, 12 How. 443, 13 L. Ed. 1058; State of Pennsylvania v. Wheeling Bridge Co., 13 How. 518, 14 L. Ed. 249; Veazie v. Moor, 14 How. 568, 14 L. Ed. 545; Smith v. State of Mary- land, 18 How. 71, 15 L. Ed. 269; State of Pennsylvania v. Wheeling & Belmont Bridge Co., 18 How. 421, 15 L. Ed. 435; Sinnot v. Davenport, 22 How. 227, 16 L. Ed. 243; Foster v. Davenport, 22 How. 244, 16 L. Ed. 248; Conway v. Taylor's Ex., 1 Black, 603, 17 L. Ed. 191; Unit- ed States v. Holliday, 3 Wall. 407, 18 L. Ed. 182; Gilman v. Philadel- phia, 3 Wall. 713, 18 L. Ed. 96; The Passaic Bridges, 3 Wall. 782, 16 L. Ed. 799; Steamship Co. v. Port Wardens, 6 Wall. 31, 18 L. Ed. 749; Crandall v. State of Nevada, 6 Wall. 35, 18 L. Ed. 744, 745; White's Bank v. Smith, 7 Wall. 646, 19 L. Ed. 211; Waring v. Mayor, 8 Wall, 110, 19 L. Ed. 342; Paul v. Virginia, 8 Wall. 168, 19 L. Ed. 357; Thom- son v. Pacific Railroad, 9 Wall. 579, 19 L. Ed. 792; Downham v. Alex- andria Council, 10 Wall. 173, 19 L. Ed. 929; Clinton Bridge, 10 Wall. 454, 19 L. Ed. 969; The Daniel Ball, 10 Wall. 557, 19 L. Ed. 999; Liverpool Insurance Co. v. Massachusetts, 10 Wall. 566, 19 L. Ed. 1029; The Montello, 11 Wall. 411, 20 L. Ed. 191; Ex parte McNiel, 13 Wall. 236, 20 L. Ed. 624; State Freight Tax, 15 Wall. 232, 21 L. Ed. 146; State Tax on Railway Gross Receipts, 15 Wall. 284, 21 L. Ed. 164; Osborne v. Mobile, 16 Wall. 479, 21 L. Ed. 470; Railroad Co. v. Fuller, 17 Wall. 560, 21 L. Ed. 710; Bartemeyer v. Iowa, 18 Wall. 129, 21 L. Ed. 929; The Delaware Railroad Tax, 18 Wall. 206, 21 L. Ed. 888; Peete v. Morgan, 19 Wall. 581, 22 L. Ed. 201; Railroad Co. v. Rich- mond, 19 Wall. 584, 22 L. Ed. 173; Railroad Co. v. Maryland, 21 Wall. 456, 22 L. Ed. 678; The Lottawanna, 21 Wall. 558, 22 L. Ed. 654; Henderson v. Mayor of the City of New York, 92 U. S. 259, 23 L. Ed. 543; Chy Lung v. Freeman, 92 U. S. 275, 23 L. Ed. 550; South Caro- lina v. Georgia, 93 U. S. 4, 23 L. Ed. 782; Sherlock v. Alling, 93 U. S. 99, 23 L. Ed. 819; United States v. Forty-Three Gallons of Whisky, etc., 93 U. S. 188, 23 L. Ed. 846;' Foster v. Master and Wardens of the Port of New Orleans, 94 U. S. 346, 24 L. Ed. 122; Compagnie Francaise de Navigation a Napeur v. State Board of Health, 186 U. S. 811, 22 Sup. Ct. 811, 46 L. Ed. —; Minneapolis & St. L. R. Co. v. Minnesota, 186 U. S. 257, 22 Sup. Ot. 900, 46 L. Ed. : Louisville & N. R. Co. . -; v. Eubank, 184 U. S. 27, 22 Sup. Ct. 277, 46 L. Ed. 416; Capital City Dairy Co. v. Ohio, 183 U. S. 238, 22 Sup. Ct. 120, 46 L. Ed. 171; W. W. Cargill Co. v. Minnesota, 180 U. S. 452, 21 Sup. Ot. 423, 45 L. Ed. - Art. 1, § 8) lxix CONSTITUTION OF THE UNITED STATES—— 1787. 618; Reymann Brewing Co. v. Brister, 179 U. S. 445, 21 Sup. Ct. 201, 45 L. Ed. 269; Austin v. Tennessee, 179 U. S. 343, 21 Sup. Ct. 132, 45 L. Ed. 224; Lehigh Val. R. Co. v. Pennsylvania, 145 U. S. 192, 12 Sup. Ct. 806, 36 L. Ed. 672: O'Neil v. Vermout, 144 U. 5. 323, 12 Sup. Ct. 693, 36 L. Ed. 450; Field v. Clark, 143 U. S. 649, 12 Sup. Ct. 495, 36 L. Ed. 294; Collins v. New Hampshire, 171 U. S. 30, 18 Sup. Ct. 768, 43 L. Ed. 60; Hoin Silver Min. Co. v. New York, 143 U. S. 305, 12 Sup. Ct. 403, 36 L. Ed. 164; Budd v. New York, 143 U. S. 517, 12 Sup. Ct. 468, 36 L. Ed. 247; Nishimura Ekiu v. United States, 142 U. S. 651, 12 Sup. Ct. 336, 35 L. Ed. 1146; Illinois Cent. R. Oo. V. Illinois, 163 U. S. 142, 16 Sup. Ct. 1096, 41 L. Ed. 107; Hennington v. Georgia, 163 U. S. 299, 16 Sup. Ct. 1086, 41 L. Ed. 166; Osborne v. Florida, 164 U. S. 650, 17 Sup. Ct. 214, 41 L. Ed. 586; New York Life Ins. Co. v. Cravens, 178 U. S. 389, 20 Sup. Ct. 962, 44 L. Ed. 1116; Western Union Tel. Co. v. Taggart, 163 U. S. 1, 16 Sup. Ct. 1054, 41 L. Ed. 49; Pacific Express Co. v. Seibert, 142 U. S. 339, 12 Sup. Ct. 250, 35 L. Ed. 1035; Brass v. North Dakota, 153 U. S. 391, 14 Sup. Ct. 857, 38 L. Ed. 757; Ashley v. Ryan, 153 U. S. 436, 14 Sup. Ct. 865, 38 L. Ed. 773: Chicago, M. & St. P. Ry. Co. v. Solen, 169 U. S. 133, 18 Sup. Ct. 289, 42 L. Ed. 688; Kimmish v. Ball, 129 U. S. 217, 9 Sup. Ct. 277, 32 L. Ed. 695; Louisville & N. R. Co. v. Kentucky, 161 U. S. 677, 16 Sup. Ct. 715, 40 L. Ed. 849; Louisville, N. 0. & T. Ry. Co. v. Mississippi, 133 U. S. 587, 10 Sup. Ct. 348, 33 L. Ed. 784; Huse v. Glover, 119 U. S. 543, 7 Sup. Ct. 313, 30 L. Ed. 487; Brennan v. City of Titusville, 153 U. S. 289, 14 Sup. Ct. $29, 38 L. Ed. 719; Robbins v. Shelby County, 120 U. S. 489, 7 Sup. Ct. 592, 30 L. Ed. 694; Stoutenburgh v. Hennick, 129 U. S. 141, 9 Sup. Ct. 256, 32 L. Ed. 637; Seneca Nation v. Christy, 162 U. S. 283, 16 Sup. Ct. 828, 40 L. Ed. 970; Ex parte Lennon, 166 U. S. 548, 17 Sup. Ct. 658, 41 L. Ed. 1110; Henderson Bridge Co. v. City of Henderson, 141 U. S. 679, 12 Sup. Ct. 115, 35 L. Ed. 900; Maine v. Grand Trunk Ry. Co., 142 U. S. 217, 12 Sup. Ct. 121, 35 L. Ed. 994; Erb v. Morasch, 177 U. S. 584, 20 Sup. Ct. 819, 44 L. Ed. 897; Cleveland, C., C. & St. L. R. Co. v. Illinois, 177 U. S. 514, 20 Sup. Ct. 722, 44 L. Ed. 868; Spraigue v. Thompson, 118 U. S. 90, 6 Sup. Ct. 988, 30 L. Ed. 115; Gibson v. United States, 166 U. S. 269, 17 Sup. Ct. 578, 41 L. Ed. 996; Henderson Bridge Co. v. Kentucky, 166 U. S. 150, 17 Sup. Ct. 532, 41 L. Ed. 953; Weir v. Norman, 166 U. S. 171, 17 Sup. Ct. 527, 41 L. Ed. 960; Gladson v. Minnesota, 166 U. S. 427, 17 Sup. Ct. 627, 41 L. Ed. 1064; Wabash, St. L. & P. Ry. Co. v. Il- linois, 118 U. S. 557, 7 Sup. Ct. 4, 30 L. Ed. 244; Lees v. United States, 150 U. S. 476, 14 Sup. Ct. 163, 37 L. Ed. 1150; Voight v. Wright, 141 U. S. 62, 11 Sup. Ct. 855, 35 L. Ed. 638; Attorney Gen- eral of Massachusetts v. Western Union Tel. Co., 141 U. S. 40, 11 Sup. Ct. 889, 35 L. Ed. 628; Geer v. Connecticut, 161 U. S. 519, 16 Sup. Ct. 600, 40 L. Ed. 793; Lindsay & P. Co. v. Mullen, 176 U. S. 126, 20 Sup. Ct. 325, 44 L. Ed. 400; Crutcher v. Kentucky, 141 U. S. 47, 11 Sup. Ct. 851, 35 L. Ed. 649; United States v. Kagama, 118 U. S. 375, 6 Sup. Ct. 1109, 30 L. Ed. 228; Pullman Palace Car Co. v. Hayward, 141 U. S. 36, 11 Sup. Ct. 883, 35 L. Ed. 621; Pullman Palace Car Co. v. Pennsylvania, 141 U. S. 18, 11 Sup. Ct. 876, 35 L. Ed. 613; West- ern Union Tel. Co. v. Seay, 132 U. S. 472, 10 Sup. Ct. 161, 33 L. Ed. 409; New York, N. H. & H. R. Co. v. New York, 165 U. S. 628, 17 Sup. Ct. 418, 41 L. Ed. 853; Lake Shore & M. S. Ry. Co. v. Ohio, 165 U. S. 365, 17 Sup. Ct. 357, 41 L. Ed. 747; Fong Yue Ting v. United States, 149 U. S. 698, 13 Sup. Ct. 1016, 37 L. Ed. 903; Asher v. Texas, 128 U. S. 129, 9 Sup. Ct. 1, 32 L. Ed. 368; Leloup v. Port of Mobile, 127 U. S. 640, 8 Sup. Ct. 1380, 32 L. Ed. 311; Nashville, C. & St. L. Ry. Co. v. Alabama, 128 U. S. 96, 9 Sup. Ct. 28, 32 L. Ed. 352; Edye v. Robertson, 112 U. S. 580, 5 Sup. Ct. 247, 28 L. Ed. 798; Addyston P. & S. Co. v. United States, 175 U. S. 211, 20 Sup. Ct. 96, 44 L. Ed. 136; Kidd v. Pearson, 128 U. S. 1, 9 Sup. Ct. 6, 32 L. Ed. 346; Pick- ard v. Pullman S. Car Co., 117 U. S. 34, 6 Sup. Ct. 635, 29 L. Ed. 785; Stone v. Illinois Cent. R. Co., 116 U. S. 347, 6 Sup. Ct. 348, 388, 1191, lxx CONSTITUTION OF THE UNITED STATES—1787. (Art. 1, $ 8 29 L. Ed. 636; Stone v. New Orleans & W. E. R. Co., 116 U. S. 352, 6 Sup. Ct. 349, 29 L. Ed. 651; Western Union Tel. Co. v. Pennsylvania, 128 U. S. 39, 9 Sup. Ct. 6, 32 L. Ed. 345; Stone v. Farmers' L. & T. Co., 116 U. S. 307, 6 Sup. Ct. 334, 388, 1191, 29 L. Ed. 631; Pitts- burg & S. Coal Co. v. Bates, 156 U. S. 577, 15 Sup. Ct. 415, 39 L. Ed. 538; Postal Tel. Cable Co. v. Adams, 155 U. S. 688, 15 Sup. Ct. 360, 39 L. Ed. 311; Brimmer v. Rebman, 138 U. S. 78, 11 Sup. Ct. 213, 35 L. Ed. 862; Pittsburg & S. Coal Co. v. Louisiana, 156 U. S. 590, 15 Sup. Ct. 459, 39 L. Ed. 544; New York, L. E. & W. R. Co. v. Pennsylvania, 158 U. S. 431, 15 Sup. Ct. 896, 39 L. Ed. 1043; Cal- ifornia v. Central Pac. R. Co., 127 U. S. 1, 8 Sup. Ct. 1073, 32 L. Ed. 150; Western Union Tel. Co. v. Ratterman, 127 U. S. 411, 8 Sup. Ct. 1127, 32 L. Ed. 229; Providence & N. Y. S. S. Co. v. Hill Mfg. Co., 109 U. S. 578, 3 Sup. Ct. 379, 617, 27 L. Ed. 1038; Miller v. City of New York, 109 U. S. 385, 3 Sup. Ct. 228, 27 L. Ed. 971; Coe v. Town of Errol, 116 U. S. 517, 6 Sup. Ct. 475, 29 L. Ed. 715; Harmon v. City of Chicago, 147 U. S. 396, 13 Sup. Ct. 306, 37 L. Ed. 216; Walling v. Michigan, 116 U. S. 446, 6 Sup. Ct. 454, 29 L. Ed. 691; Morgan's L. & T. R. & S. S. Co. v. Board of Health, 118 U. S. 455, 6 Sup. Ct. 1114, 30 L. Ed. 237; Escanaba & L. M. Transp. Co. v. City of Chicago, 107 U. S. 678, 2 Sup. Ct. 185, 27 L, Ed. 442; Patapsco Guano Co. v. Board of Agriculture, 171 U. S. 345, 18 Sup. Ct. 862, 43 L. Ed. 191; Smith V. Alabama, 124 U. S. 465, 8 Sup. Ct. 564, 31 L. Ed. 508; McCall v. California, 136 U. S. 104, 10 Sup. Ct. 881, 34 L. Ed. 392; Plumley v. Massachusetts, 155 U. S. 461, 15 Sup. Ct. 154, 39 L. Ed. 223; Rhodes v. Iowa, 170 U. S. 412, 18 Sup. Ct. 664, 42 L. Ed. 1088; Vance v. W. A. Vandercook Co., 170 U. S. 438, 18 Sup. Ct. 674, 42 L. Ed. 1100; Norfolk & W. R. Co. v. Pennsylvania, 136 U. S. 114, 10 Sup. Ct. 958, 34 L. Ed. 394; Bowman v. Chicago & N. W. Ry. Co., 125 U. S. 465, 8 Sup. Ct. 689, 1062, 31 L. Ed. 700; Pembina C. S. M. & M. Co. v. Pennsylvania, 125 U. S. 181, 8 Sup. Ct. 737, 31 L. Ed. 650; Hooper v. California, 155 U. S. 648, 15 Sup. Ct. 207, 39 L. Ed. 297; Postal Tel. Cable Co. v. Adams, 155 U. S. 688, 15 Sup. Ct. 268, 39 L. Ed. 311; Schollenberger v. Pennsylvania, 171 U. S. 1, 18 Sup. Ct. 757, 43 L. Ed. 49; Turner v. Maryland, 107 U. S. 38, 2 Sup. Ct. 44, 27 L. Ed. 370; Wiggins Ferry Co. v. City of East St. Louis, 107 U. S. 365, 2 Sup. Ct. 257, 27 L. Ed. 419; Philadelphia & S. Mail S. S. Co. v. Penn- sylvania, 122 U. S. 326, 7 Sup. Ct. 1118, 30 L. Ed. 1200; Western Union Tel. Co. v. Pendleton, 122 U. S. 347, 7 Sup. Ct. 1126, 30 L. Ed. 1187; State of New York v. Compagnie Generale Transatlantique, 107 U. S. 59, 2 Sup. Ct. 87, 27 L. Ed. 383; Leisy v. Hardin, 135 U. S. 100, 10 Sup. Ct. 681, 34 L. Ed. 128; Lyng v. Michigan, 135 U. S. 161, 10 Sup. Ct. 725, 34 L. Ed. 150; Cleveland, C., C. & St. L. Ry. Co. v. Backus, 154 U. S. 439, 14 Sup. Ct. 1122, 38 L. Ed. 1041; Postal Tel. Cable Co. v. City Council of Charleston, 153 U. S. 692, 14 Sup. Ct. 1094, 38 L. Ind. 871; Covington & C. Bridge Co. v. Kentucky, 154 U. S. 204, 14 Sup. Ct. 1087, 38 L. Ed. 962; Parkersburg & O. R. Transp. Co. v. City of Parkersburg, 107 U. S. 091, 2 Sup. Ct. 732, 27 L. Ed. 584; United States v. Arjona, 120 U. S. 479, 7 Sup. Ct. 628, 30 L. Ed. 728; Corson v. Maryland, 120 U. S. 502, 7 Sup. Ct. 655, 30 L. Ed. 699; Richmond & A. R. Co. v. R. A. Patterson Tobacco Co., 169 U. S. 311, 18 Sup. Ct. 335, 42 L. Ed. 759; Fargo v. Stevens, 121 U. S. 230, 7 Sup. Ct. 857, 30 L. Ed. 888; Ouachita & M. R. Packet Co. v. Aiken, 121 U. S. 444, 7 Sup. Ct. 907, 30 L. Ed. 976; Minnesota v. Barber, 136 U. S. 313, 10 Sup. Ct. 862, 34 L. Ed. 455; Gloucester Ferry Co. v. Pennsylvania, 114 U. S. 196, 5 Sup. Ct. 826, 29 L. Ed. 158; Cooper Mfg. Co. v. Ferguson, 113 U. S. 727, 5 Sup. Ct. 739, 28 L. Ed. 1137; Western Union Tel. Co. v. James, 162 U. S. 650, 16 Sup. Ct. 934, 40 L. Ed. 1105; Cardwell v. American River Bridge Co., 113 U. S. 205, 5 Sup. Ct. 423, 28 L. Ed. 959; Moran v. City of New Orleans, 112 U. S. 69, 5 Sup. Ct. 38, 28 L. Ed. 653; Luxton y. North River Bridge Co., 153 U. S. 525, 14 Sup. Ct. 891, 38 L. Ed. 808; Brown v. Houston, 114 U. S. 622, 5 Sup. Ct. 1091, 29 L. Ed. 257. Art. 1, § 8) CONSTITUTION OF THE UNITED STATES—1787. lxxi 4 To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; Gassies v. Ballon, 6 Pet. 761, 8 L. Ed. 573; Dred Scott v. Sanford, 19 How. 393, 15 L. Ed. 691; Sturges v. Crowninshield, 4 Wheat. 122, 4 L. Ed. 529; McMillan v. McNeill, 4 Wheat. 209, 4 L. Ed. 552; Farmers' & Mechanics' Bank, Pennsylvania, v. Smith, 6 Wheat. 131, 5 L. Ed. 224; Ogden v. Saunders, 12 Wheat. 213, 6 L. Ed. 606; Boyle v. Zacharie & Turner, 6 Pet. 348, 8 L. Ed. 423; Beers v. Haughton, 9 Pet. 329, 9 L. Ed. 145; Suydam v. Broadnax, 14 Pet. 67, 10 L. Ed. 357; Cook v. Moffat, 5 How. 295, 12 L. Ed. 159; Tua v. Carriere, 117 U. S. 201, 6 Sup. Ct. 565, 29 L. Ed. 855; Nishimura Ekiu v. United States, 142 U. S. 651, 12 Sup. Ct. 336, 35 L. Ed. 1146; Boyd v. Ne- braska, 143 U. S. 135, 12 Sup. Ct. 381, 36 L. Ed. 103; Butler v. Gore- ley, 146 U. S. 303, 13 Sup. Ct. 87, 36 L. Ed. 981; Fong Yue Ting v. United States, 149 U. S. 698, 13 Sup. Ct. 1016, 37 L. Ed. 905; Lees v. United States, 150 U. S. 476, 14 Sup. Ct. 163, 37 L. Ed. 1150. 5 To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; Briscoe v. Bank of the Commonwealth of Kentucky, 11 Pet. 257, 9 L. Ed. 709, 928; Fox v. State of Ohio, 5 How. 410, 12 L. Ed. 213; United States v. Marigold, 9 How. 560, 13 L. Ed. 257; Woodruff v. Mississippi, 162 U. S. 291, 16 Sup. Ct. 827, 40 L. Ed. 973. 6 To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; Fox v. State of Ohio, 5 How. 410, 12 L. Ed. 213; United States v. Marigold, 9 How. 560, 13 L. Ed. 257. ? To establish Post Offices and post Roads; State of Pennsylvania v. Wheeling & Belmont Bridge Co., 18 How. 421, 15 L. Ed. 435; Ex parte Dupre, 143 U. S. 110, 12 Sup. Ct. 374, 36 L. Ed. 93. 8 To promote the Progress of Science and useful Arts, by secur- ing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; Grant v. Raymond, 6 Pet. 218, 8 L. Ed. 376; Wheaton v. Peters, 8 Pet. 591, 8 L. Ed. 1055; United States v. American Bell Tel. Co., 128 U. S. 315, 9 Sup. Ct. 90, 32 L. Ed. 450; Burrow-Giles Lithographic Co. v. Sarony, 111 U. S. 53, 4 Sup. Ct. 279, 28 L. Ed. 349; Gardner v. Herz, 118 U. S. 180, 6 Sup. Ct. 1027, 30 L. Ed. 158; Thompson v. Boisselier, 114 U. S. 1, 5 Sup. Ct. 1042, 29 L. Ed. 76. 9 To constitute Tribunals inferior to the supreme Court; 10 To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations ; United States v. Palmer, 3 Wheat. 610, 4 L. Ed. 471; United States V. Wiltberger, 5 Wheat. 76, 5 L. Ed. 37; United States v. Smith, 5 Wheat. 153, 5 L. Ed. 57; United States v. Pirates, 5 Wheat. 184, 5 L. Ed. 64; United States v. Rodgers, 150 U. S. 249, 14 Sup. Ct. 109, 37 L. Ed. 1071; United States v. Arjona, 120 U. S. 479, 7 Sup. Ct. 628, 30 L, Ed. 728. 11 To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; Brown v. United States, 8 Cranch, 110, 3 L. Ed. 504; American In- surance Co. v. Canter (356 Bales Cotton), 1 Pet. 511, 7 L. Ed. 242; Mrs. Alexander's Cotton, 2 Wall. 404, 17 L. Ed. 915; Miller v. United lxxii CONSTITUTION OF THE UNITED STATES—1787. (Art. 1, § 8 States, 11 Wall. 268, 20 L. Ed. 135; Tyler v. Defrees, 11 Wall. 331, 20 L. Ed. 161; Stewart v. Kahn, 11 Wall. 493, 20 L. Ed. 176; Hamil- ton v. Dillin, 21 Wall. 73, 22 L. Ed. 528; Lamar v. Browne, 92 U. S. 187, 23 L. Ed. 650; Nishimura Ekiu v. United States, 142 U. S. 651, 12 Sup. Ct. 336, 35 I. Ed. 1146; Kirk v. Lynd, 106 U. S. 315, 1 Sup. Ct. 296, 27 L. Ed. 193. 12 To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; Crandall v. State of Nevada, 6 Wall. 35, 18 L, Ed. 744, 745; Presser v. Illinois, 116 U. S. 252, 6 Sup. Ct. 580, 29 L. Ed. 615. 13 To provide and maintain a Navy; United States v. Bevans, 3 Wheat. 336, 4 L. Ed. 404; Dynes v. Hoov- er, 20 How. 625, 15 L. Ed. 838. 14 To make Rules for the Government and Regulation of the land and naval Forces; 15 To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; Houston v. Moore, 5 Wheat. 1, 5 L. Ed. 19; Martin v. Mott, 12 Wheat. 19, 6 L. Ed. 537; Luther v. Borden, 7 How. 1, 12 L. Ed. 581; Crandall v. State of Nevada, 6 Wall. 35, 18 L, Ed. 744, 745; Texas v. White, 7 Wall. 700, 19 L. Ed. 227; Presser v. Illinois, 116 U. S. 252, 6 Sup. Ct. 580, 29 L. Ed. 615. 16 To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; Houston v. Moore, 5 Wheat. 1, 5 L. Ed. 19; Martin v. Mott, 12 Wheat. 19, 6 L. Ed. 537; Luther v. Borden, 7 How. 1, 12 L. Ed. 581; Presser v. Illinois, 116 U. S. 252, 6 Sup. Ct. 580, 29 L. Ed. 615. 17 To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings ;-And Hepburn v. Eilzey, 2 Cranch, 445, 2 L. Ed. 332; Loughborough v. Blake, 5 Wheat. 317, 5 L. Ed. 98; Cohens v. Virginia, 6 Wheat. 264, 5 L. Ed. 257; American Insurance Co. v. Canter (356 Bales Cotton), 1 Pet. 511, 7 L. Ed. 242; Kendall, Postmaster-General, v. United States, 12 Pet. 524, 9 L. Ed. 1181; United States v. Dewitt, 9 Wall. 41, 19 L. Ed. 593; Dunphy v. Kleinscmidt, 11 Wall. 610, 20 L. Ed. 223; Wil- lard v. Presbury, 14 Wall. 676, 20 L. Ed. 719; Phillips v. Payne, 92 U. S. 130, 23 L. Ed. 649; United States v. Fox, 94 U. S. 315, 24 L. Ed. 192; Palmer v. Barrett, 162 U. S. 399, 16 Sup. Ct. 837, 40 L. Ed. 1015; Van Brocklin v. Anderson, 117 U. S. 151, 6 Sup. Ct. 670, 29 L. Ed. 845; Shoemaker v. United States, 147 U. S. 282, 13 Sup. Ct. 361, 37 L. Ed. 170; Chappell v. United States, 160 U. S. 499, 16 Sup. Ct. 397, 40 L. Ed. 510; Ft. Leavenworth R. Co. v. Lowe, 114 U. S. 525, 5 Sup. Ct. 995, 29 L. Ed. 264. 18 To make all Laws which shall be necessary and proper for carry- ing into Execution the foregoing Powers, and all other Powers vested Art. 1, $ 9) lxxiii CONSTITUTION OF THE UNITED STATES—1787. by this Constitution in the Government of the United States, or in any Department or Officer thereof. McCulloch v. State of Maryland, 4 Wheat. 316, 4 L. Ed. 579; Way- man v. Southard, 10 Wheat. 1, 6 L. Ed. 253; Bank of United States v. Halstead, 10 Wheat. 51, 6 L. Ed. 264; Hepburn v. Griswold, 8 Wall. 603, 19 L. Ed. 513; National Bank v. Commonwealth, 9 Wall. 353, 19 L. Ed. 701; Thomson v. Pacific R. R., 9 Wall. 579, 19 L. Ed. 792; Parker v. Davis, 12 Wall. 457, 20 L. Ed. 287; Railroad Co. v. John- son, 15 Wall. 195, 21 L. Ed. 178; Railroad Co. v. Peniston, 18 Wall. 5, 21 L. Ed. 787; Presser v. Illinois, 116 U. S. 252, 6 Sup. Ct. 580, 29 L. Ed. 615; United States v. Harris, 106 U. S. 629, 1 Sup. Ct. 601, 27 L. Ed. 290; Ex parte Curtis, 106 U. S. 371, 1 Sup. Ct. 381, 27 L. Ed. 232; The Ku-Klux Cases, 110 U. S. 651, 4 Sup. Ct. 152, 28 L. Ed. 274; The Legal Tender Cases, 110 U. S. 421, 4 Sup. Ct. 122, 28 L. Ed. 201; Chae Chan Ping v. United States, 130 U. S. 581, 9 Sup. Ct. 623, 32 L. Ed. 1068; Nishimura Ekiu v. United States, 142 U. S. 651, 12 Sup. Ct. 336, 35 L. Ed. 1146; Lees v. United States, 150 U. S. 476, 14 Sup. Ct. 163, 37 L. Ed. 1150; Fong Yue Ting v. United States, 149 U. S. 698, 13 Sup. Ct. 1016, 37 L. Ed. 905; Logan v. United States, 144 U. S. 263, 12 Sup. Ct. 617, 36 L. Ed. 429. Section. 9. 1 The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be pro- hibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person. Dred Scott v. Sanford, 19 How. 393, 15 L. Ed. 691; State of New York v. Compagnie Generale Transatlantique, 107 U. S. 59, 2 Sup. Ct. 87, 27 L. Ed. 383. 2 The Privilege of the Writ of Habeas Corpus shall not be suspend- ed, unless when in Cases of Rebellion or Invasion the public Safety may require it. United States v. Hamilton, 3 Dall. 17, 1 L. Ed. 490; Hepburn v. Ell- zey, 2 Cranch, 445, 2 L. Ed. 332; Ex parte Bollman and Swartwout, 4 Cranch, 75, 2 L. Ed. 554; Ex parte Kearney, 7 Wheat. 38, 5 L. Ed. 391; Ex parte Tobias Watkins, 3 Pet. 193, 7 L. Ed. 650; Ex parte Milburn, 9 Pet. 704, 9 L. Ed. 280; Holmes v. Jennison, 14 Pet. 540, 10 L. Ed. 579; Ex parte Dorr, 3 How. 103, 11 L. Ed. 514; Luther v. Bor- den, 7 How. 1, 12 L. Ed. 581; Ableman y. Booth and United States v. Booth, 21 How. 506, 16 L. Ed. 169; Ex parte Vallandigham, 1 Wall. 243, 17 L. Ed. 589; Ex parte Milligan, 4 Wall. 2, 18 L. Ed. 281; Ex parte McCardle, 7 Wall. 506, 19 L. Ed. 264; Ex parte Yerger, 8 Wall. 85, 19 L. Ed. 332; Tarble's Case, 13 Wall. 397, 20 L. Ed. 597; Ex parte Lange, 18 Wall. 163, 21 L. Ed. 872; Ex parte Parks, 93 U. S. 18, 23 L. Ed. 787; Ex parte Karstendick, 93 U. S. 396, 23 L. Ed. 889; Neely v. Henkel, 180 U. S. 109, 21 Sup. Ct. 302, 45 L. Ed. 448. 8 No Bill of Attainder or expost facto Law shall be passed. Fletcher v. Peck, 6 Cranch, 87, 3 L. Ed. 162; Ogden v. Saunders, 12 Wheat. 213, 6 L. Ed. 606; Watson v. Mercer, 8 Pet. 88, 8 L. Ed. 876; Carpenter v. Commonwealth of Pennsylvania, 17 How. 456, 15 L. Ed. 127; Locke v. New Orleans, 4 Wall. 172, 18 L. Ed. 334; Cummings v. State of Missouri, 4 Wall. 277, 18 L. Ed. 356; Ex parte Garland, 4 Wall. 333, 18 L. Ed. 366; Drehman v. Stifle, 8 Wall. 595, 19 L. Ed. 508; Klinger v. State of Missouri, 13 Wall. 257, 20 L. Ed. 635; Pierce V. Carskadon, 16 Wall. 234, 21 L. Ed. 276; Thompson v. Utah, 170 U. S. 343, 18 Sup. Ct. 620, 42 L. Ed. 1061; Neely v. Henkel, 180 U. S. 109, 21 Sup. Ct. 302, 45 L, Ed. 448; Presser v. Illinois, 116 U. S. 252, 6 Sup. Ct. 580, 29 L. Ed. 615; Cook v. United States, 138 U. S. 157, 11 Sup. Ct. 268, 34 L. Ed. 906. lxxiv CONSTITUTION OF THE UNITED STATES—1787. (Art. 1, $ 9 4 No Capitation, or other direct, tax shall be laid, unless in Propor- tion to the Census or Enumeration herein before directed to be taken. License Tax Cases, 5 Wall. 462, 18 L. Ed. 497; Eureka L. & Y. Canal Co. v. Superior Court of Yuba County, 116 U. S. 410, 6 Sup. Ct. 429, 29 L. Ed. 671; Knowlton v. Moore, 178 U. S. 41, 20 Sup. Ct. 747, 44 L. Ed. 969; Nicol v. Ames, 173 U. S. 509, 19 Sup. Ct. 522, 43 L. Ed. 786; Pollock v. Farmers' L. & T. Co., 157 U. S. 429, 15 Sup. Ct. 673, 39 L. Ed. 759. 5 No Tax or Duty shall be laid on Articles exported from any State. Cooley v. Board of Wardens of Port of Phila., 12 How. 299, 13 L. Ed. 996; Pace v. Burgess collector, 92 U. S. 372, 23 L. Ed. 657; Dooley v. United States, 183 U. S. 151, 22 Sup. Ct. 62, 46 L. Ed. 128; Tur- pin v. Burgess, 117 U. S. 504, 6 Sup. Ct. 835, 29 L. Ed. 988. 6 No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another. Cooley v. Board of Wardens of Port of Philadelphia, 12 How. 299, 13 L. Ed. 996; State of Pennsylvania v. Wheeling & Belmont Bridge Co., 18 How. 421, 15 L. Ed. 435; Munn v. Illinois, 94 U. S. 113, 24 L. Ed. 77; Johnson v. Chicago & P. Elevator Co., 119 U. S. 388, 7 Sup. Ct. 254, 30 L. Ed. 447; Morgan's L. & T. R. & S. S. Co. v. Board of Health, 118 U. S. 455, 6 Sup. Ct. 1114, 30 L. Ed. 237. ? No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Ac- count of the Receipts and Expenditures of all public Money shall be published from time to time. Hart v. United States, 118 U. S. 62, 6 Sup. Ct. 961, 30 L. Ed. 96. 8 No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolu- ment, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. Section. 10. 1 No State shall enter into any Treaty, Alliance, or Con- federation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. Craig v. State of Missouri, 4 Pet. 410, 7 L. Ed. 903; Byrne v. State of Missouri, 8 Pet. 40, 8 L. Ed. 859; Briscoe v. Bank of the Common- wealth of Kentucky, 11 Pet. 257, 9 L. Ed. 709, 928; Darrington v. Bank of Alabama, 13 How. 12, 14 L. Ed. 30; Calder v. Bull, 3 Dall. 386, 1 L. Ed. 648; Watson v. Mercer, 8 Pet. 88, 8 L. Ed. 876; Balti- more & Susquehanna R. R. Co. v. Nesbit, 10 How. 395, 13 L. Ed. 469; Carpenter v. Commonwealth of Pennsylvania, 17 How. 456, 15 L. Ed. 127; Locke v. City of New Orleans, 4 Wall. 172, 18 L. Ed. 334; Ex parte Garland, 4 Wall. 333, 18 L. Ed. 366; Gut v. State, 9 Wall. 35, 19 L. Ed. 573; Fletcher v. Peck, 6 Cranch, 87, 3 L. Ed. 162; State of New Jersey v. Wilson, 7 Cranch, 164, 3 L. Ed. 303; Sturges v. Crown- inshield, 4 Wheat. 122, 4 L. Ed. 529; McMillan v. McNeill, 4 Wheat. 209, 4 L. Ed. 552; Dartmouth College v. Woodward, 4 Wheat. 518, 4 L. Ed. 629; Owings v. Speed, 5 Wheat. 420, 5 L. Ed. 124; Farmers' & Mechanics' Bank v. Smith, 6 Wheat. 131, 5 L. Ed. 224; Green v. Art. 1, $ 10) lxxv CONSTITUTION OF THE UNITED STATES—1787. Biddle, 8 Wheat. 1, 5 L. Ed. 547; Ogden v. Saunders, 12 Wheat. 213, 6 L. Ed. 606; Mason v. Haile, 12 Wheat. 370, 6 L. Ed. 660; Satterlee v. Matthewson, 2 Pet. 380, 7 L. Ed. 458; Hart v. Lamphire, 3 Pet. 280, 7 L. Ed. 679; Providence Bank v. Billings and Pitman, 4 Pet. 514, 7 L. Ed. 939; Mumma v. Potomac Co., 8 Pet. 281, 8 L. Ed. 915; Beers v. Haughton, 9 Pet. 329, 9 L. Ed. 145; Proprietors of Charles River Bridge v. Proprietors of Warren Bridge, 11 Pet. 420, 9 L. Ed. 773, 938; Armstrong v. Treasurer of Athens Co., 16 Pet. 281, 10 L. Ed. 965; Bronson v. Kinzie, 1 How. 311, 11 L. Ed. 143; McCracken v. Hayward, 2 How. 608, 11 L. Ed. 397; Gordon v. Appeal Tax Court, 3 How. 133, 11 L. Ed. 529; State of Maryland v. Baltimore & Ohio R. R. Co., 3 How. 534, 11 L. Ed. 714; Neil, Moore & Co. v. State of Ohio, 3 How. 720, 11 L. Ed. 800; Cook v. Moffat, 5 How. 295, 12 L. Ed. 159; Planters' Bank v. Sharp, 6 How. 301, 12 L. Ed. 447; West River Bridge Co. V. Dix, 6 How. 507, 12 L. Ed. 535; Crawford v. Branch Bank of Mobile, 7 How. 279, 12 L. Ed. 700; Woodruff v. Trapnall, 10 How. 190, 13 L. Ed. 383; Paup v. Drew, 10 How. 218, 13 L. Ed. 394; Butler v. Pennsylvania, 10 How. 402, 13 L. Ed. 472; Richmond, etc., R. R. Co. v. Louisa R. R. Co., 13 How. 71, 14 L. Ed. 55; Trustees for Vincennes University v. State of Indiana, 14 How. 268, 14 L. Ed. 416; Curran v. State of Arkansas, 15 How. 304, 14 L. Ed. 705; State Bank of Ohio v. Knoop, 16 How. 369, 14 L. Ed. 977; Dodge v. Woolsey, 18 How. 331, 15 L. Ed. 401; Beers v. State of Arkansas, 20 How. 527, 15 L. Ed. 991; Aspinwall v. Commissioners of County of Daviess, 22 How. 364, 16 L. Ed. 296; Rector of Christ Church, Philadelphia, v. County of Philadelphia, 24 How. 300, 16 L. Ed. 602; Howard v. Bugbee, 24 How. 461, 16 L. Ed. 753; Jefferson Branch Bank v. Skelley, 1 Black, 436, 17 L. Ed. 173; Franklin Branch Bank v. State of Ohio, 1 Black, 474, 17 L. Ed. 180; Trustees of the Wabash & Erie Canal Co. v. Beers, 2 Black, 448, 17 L. Ed. 327; Gil- man v. City of Sheboygan, 2 Black, 510, 17 L. Ed. 305; Bridge Pro- prietors v. Hoboken Co., 1 Wall. 116, 17 L. Ed. 571; Hawthorne T. Calef, 2 Wall. 10, 17 L. Ed. 776; The Binghamton Bridge, 3 Wall. 51, 13 L. Ed. 137; Turnpike Co. v. State, 3 Wall. 210, 18 L. Ed. 180; Railroad Co. v. Rock, 4 Wall. 177, 18 L. Ed. 381; Cummings v. State of Missouri, 4 Wall. 277, 18 L. Ed. 356; Von Hoffman v. City of Quincy, 4 Wall. 535, 18 L. Ed. 403; Mulligan v. Corbin, 7 Wall. 487, 19 L. Ed. 222; Furman v. Nichol, 8 Wall. 44, 19 L. Ed. 370; Home of the Friendless V. Rouse, 8 Wall. 430, 19 L. Ed. 495; Washington University v. Rouse, 8 Wall. 439, 19 L. Ed. 498; Butz v. City of Mus- catine, 8 Wall. 575, 19 L. Ed. 490; Drehman v. Stifle, 8 Wall. 595, 19 L. Ed. 508; Hepburn v. Griswold, 8 Wall. 603, 19 L. Ed. 513; Railroad Co. v. McClure, 10 Wall. 511, 19 L. Ed. 997; Parker v. Davis, 12 Wall. 457, 20 L. Ed. 287; Curtis v. Whitney, 13 Wall. 68, 20 L. Ed. 513; Pennsylvania College Cases, 13 Wall. 190, 20 L. Ed. 550; Wilmington R. R. v. Reid, Sheriff, 13 Wall. 264, 20 L. Ed. 568; Salt Co. v. East Saginaw, 13 Wall. 373, 20 L. Ed. 611; White v. Hart, 13 Wall. 646, 20 L. Ed. 685; Osborn v. Nicholson, 13 Wall. 654, 20 L. Ed. 689; Railroad Co. v. Johnson, 15 Wall. 195, 21 L. Ed. 178; Case of the State Tax on Foreign-Held Bonds, 15 Wall. 300, 21 L. Ed. 179; Tom- linson v. Jessup, 15 Wall. 454, 21 L. Ed. 204; Tomlinson v. Branch, 15 Wall. 460, 21 L. Ed. 189; Miller v. State, 15 Wall. 478, 21 L. Ed. 98; Holyoke Co. v. Lyman, 15 Wall. 500, 21 L. Ed. 133; Gunn v. Barry, 15 Wall. 610, 21 L. Ed. 212; Humphrey v. Pegues, 16 Wall. 244, 21 L. Ed. 326; Walker v. Whitehead, 16 Wall. 314, 21 L. Ed. 357; Sohn v. Waterson, 17 Wall. 596, 21 L. Ed. 737; Baring v. Dabney, 19 Wall. 1, 22 L. Ed. 90; Head v. University, 19 Wall. 526, 22 L. Ed. 160; Pacific R. R. Co. v. Maguire, 20 Wall. 36, 22 L. Ed. 282; Garrison v. City of New York, 21 Wall. 196, 22 L. Ed. 612; Ochiltree v. Railroad Co., 21 Wall. 249, 22 L. Ed. 546; Wilmington, &c., Rail- road v. King, 91 U. S. 3, 23 L. Ed. 186; County of Moultrie v. Rock- ingham Ten Cent Savings Bank, 92 U. S. 631, 23 L. Ed. 631; Home Insurance Co. v. City Council of Augusta, 93 U. S. 116, 23 L. Ed. 825; lxxvi (Art. 1, § 10 CONSTITUTION OF THE UNITED STATES—1787. West Wisconsin R. R. Co. v. Supervisors, 93 U. S. 595, 23 L. Ed. 814; Board of Liquidation v. Louisiana, 179 U. S. 622, 21 Sup. Ct. 263, 45 L. Ed. 347; St. Tammany Water Works Co. v. New Orleans W. W. Co., 120 U. S. 64, 7 Sup. Ct. 405, 30 L. Ed. 563; Eagle Ins. Co. v. Ohio, 153 U. S. 446, 14 Sup. Ct. 868, 38 L. Ed. 778; Shapleigh v. City of San Angelo, 167 U. S. 646, 17 Sup. Ct. 957, 42 L. Ed. 310; Chicago, M. & St. P. Ry. Co. v. Minnesota, 134 U. S. 418, 10 Sup. Ct. 462, 33 L. Ed. 970; Minneapolis E. Ry. Co. v. Minnesota, 134 U. S. 467, 10 Sup. Ct. 473, 33 L. Ed. 985; City of New Orleans v. Benjamin, 153 U. S. 411, 14 Sup. Ct. 905, 38 L. Ed. 764; In re Medley, 134 U. S. 160, 10 Sup. Ct. 384, 33 L. Ed. 835; Israel v. Arthur, 152 U. S. 355, 14 Sup. Ct. 583, 38 L. Ed. 474; City of New York v. Cook, 148 U. S. 397, 13 Sup. Ct. 645, 37 L. Ed. 498; Yazoo & M. V. R. Co. v. Thomas, 132 U. S. 174, 10 Sup. Ct. 68, 33 L. Ed. 302; Freeland v. Williams, 131 U. S. 405, 9 Sup. Ct. 763, 33 L. Ed. 193; Grand Lodge v. City of New Orleans, 166 U. S. 143, 17 Sup. Ct. 523, 41 L. Ed. 951; Wood v. Brady, 150 U. S. 18, 14 Sup. Ct. 6, 37 L. Ed. 981; City Ry, Co. v. Citizens' St. R. Co., 166 U. S. 557, 17 Sup. Ct. 653, 41 L. Ed. 1114; Long Island W. S. Co. v. City of Brooklyn, 166 U. S. 685, 17 Sup. Ct. 718, 41 L. Ed. 1165; Louisville & N. R. Co. v. City of Louisville, 166 U. S. 709, 17 Sup. Ct. 725, 41 L. Ed. 1173; Wabash R. Co. v. City of Defiance, 167 U. S. 88, 17 Sup. Ct. 748, 42 L. Ed. 87; In re Savage, 134 U. S. 176, 10 Sup. Ct. 389, 33 L. Ed. 842; Duncan v. State of Missouri, 152 U. S. 377, 14 Sup. Ct. 570, 38 L. Ed. 485; New York & N. E. R. Co. v. Town of Bristol, 151 U. S. 556, 14 Sup. Ct. 437, 38 L. Ed. 269; Bryan v. Board of Education, 151 U. S. 639, 14 Sup. Ct. 465, 38 L. Ed. 297; City of New Orleans v. Houston, 119 U. S. 265, 7 Sup. Ct. 198, 30 L. Ed. 411; Orr v. Gillman, 183 U. S. 278, 22 Sup. Ct. 213, 46 L. Ed. 196; Wilson v. Standefer, 184 U. S. 399, 22 Sup. Ct. 384, 46 L. Ed. 612; Red Riv. Val. Nat. Bank v. Craig, 181 U. S. 548, 21 Sup. Ct. 703, 45 L. Ed. 994; Mallett v. North Carolina, 181 U. S. 589, 21 Sup. Ct. 730, 45 L. Ed. 1015; Gulf & Ship Island R. Co. v. Hewes, 183 U. S. 66, 22 Sup. Ct. 27, 46 L. Ed. 86; Pinney v. Nelson, 183 U. S. 144, 22 Sup. Ct. 53, 46 L. Ed. 125; St. Paul Gaslight Co. v. City of St. Paul, 181 U. S. 142, 21 Sup. Ct. 575, 45 L. Ed. 788; Bedford v. Eastern Building & Loan Ass'n, 181 U. S. 227, 21 Sup. Ct. 597, 45 L. Ed. 834; Blythe v. Hinckley, 180 U. S. 333, 21 Sup. Ct. 391, 45 L. Ed. 557; Stearns v. Minnesota, 179 U. S. 223, 21 Sup. Ct. 73, 45 L. Ed. 162; Duluth & I. R. R. Co. v. St. Louis County, 179 U. S. 302, 21 Sup. Ct. 124, 45 L. Ed. 201; New Orleans City & L. R. Co. v. City of New Orleans, 143 U. S. 192, 12 Sup. Ct. 406, 36 L. Ed. 121; Winona & St. P. R. Co. v. Town of Plainview, 143 U. S. 371, 12 Sup. Ct. 530, 36 L. Ed. 191; New York v. Squire, 145 U. S. 175, 12 Sup. Ct. 880, 36 L. Ed. 666; Brown v. Smart, 145 U. S. 454, 12 Sup. Ct. 958, 36 L. Ed. 773; Ham- ilton v. Brown, 161 U. S. 256, 16 Sup. Ct. 585, 40 L. Ed. 691; Houston & T. C. R. Co. v. Texas, 177 U. S. 66, 20 Sup. Ct. 545, 44 L. Ed. 672; Illinois Cent. R. Co. v. City of Chicago, 176 U. S. 646, 20 Sup. Ct. 509, 44 L. Ed. 622; City of New Orleans v. New Orleans Waterworks Co., 142 U. S. 79, 12 Sup. Ct. 142, 35 L. Ed. 943; Adirondack Ry. Co. v. State of New York, 176 U. S. 335, 20 Sup. Ct. 460, 44 L. Ed. 492; Williams v. Wingo, 177 U. S. 601, 20 Sup. Ct. 793, 44 L. Ed. 906: St. Paul, M. & M. Ry. Co. v. Todd County, 142 U. S. 282, 12 Sup. Ct. 281, 35 L. Ed. 1014; City of Los Angeles V. Los Angeles City Water Co., 177 U. S. 558, 20 Sup. Ct. 736, 44 L. Ed. 886; Barnitz v. Beverly, 163 U. S. 118, 16 Sup. Ct. 1043, 41 L. Ed. 93; Hanford v. Davies, 163 U. S. 273, 16 Sup. Ct. 1051, 41 L. Ed. 157; Bank of Com- merce v. Tennessee, 163 U. S. 416, 16 Sup. Ct. 1113, 41 L. Ed. 211; Louisville Water Co. v. Clark, 143 U. S. 1, 12 Sup. Ct. 346, 36 L. Ed. 55; Williamson v. New Jersey, 130 U. S. 189, 9 Sup. Ct. 453, 32 L. Ed. 915; Looker v. Maynard, 179 U. S. 46, 21 Sup. Ct. 21, 45 L. Ed. 79; Eflinger v. Kenney, 115 U. S. 566, 6 Sup. Ct. 179, 29 L. Ed. 495; Stone v. Farmers' L. & T. Co., 116 U. S. 307, 6 Sup. Ct. 334, 388, 1191, 29 L. Ed. 631; New Orleans Gaslight Co. v. Louisiana L. & H. Art. 1, § 10) CONSTITUTION OF THE UNITED STATES—1787. lxxvii P. & Mfg. Co., 115 U. S. 650, 6 Sup. Ct. 252, 29 L. Ed. 615; Louis- ville Gas Co. v. Citizens' G. L. Co., 115 U. S. 683, 6 Sup. Ct. 265, 29 L. Ed. 510; New Orleans Waterworks Co. v. Rivers, 115 U. S. 674, 6 Sup. Ct. 273, 29 L. Ed. 525; Fisk v. Police Jury, etc., 116 U. S. 131, 6 Sup. Ct. 329, 29 L. Ed. 587; Butchers' Union v. Crescent City, etc., Co., 111 U. S. 746, 4 Sup. Ct. 652, 28 L. Ed. 585; Louisiana v. Police Jury, etc., 111 U. S. 716, 4 Sup. Ct. 648, 28 L. Ed. 574; Spring Valley Waterworks v. Schottler, 110 U. S. 347, 4 Sup. Ct. 48, 28 L. Ed. 173; Hopt v. Utah, 110 U. S. 574, 4 Sup. Ct. 202, 28 L. Ed. 262; Chaffin v. Taylor, 116 U. S. 567, 6 Sup. Ct. 518, 29 L. Ed. 727; Vicksburg, S. & P. R. Co. v. Dennis, 116 U. S. 665, 6 Sup. Ct. 625, 29 L. Ed. 770; Bie v. McGehee, 148 U. S. 137, 13 Sup. Ct. 580, 37 L. Ed. 397; Walsh v. Columbus, H. V. & A. R. Co., 176 U. S. 469, 20 Sup. Ct. 393, 44 L. Ed. 548; Bacon v. Texas, 163 U. S. 207, 16 Sup. Ct. 1023, 41 L. Ed. 132; Gibson v. Mississippi, 162 U. S. 565, 16 Sup. Ct. 904, 40 L. Ed. 1075; Seibert v. United States, 129 U. S. 192, 9 Sup. Ct. 271, 32 L. Ed. 643; Pearsall v. Great Northern Ry. Co., 161 U. S. 646, 16 Sup. Ct. 705, 40 L. Ed. 838; Gross v. United States Mortg. Co., 108 U. S. 477, 2 Sup. Ct. 940, 27 L. Ed. 795; Louisville & N. R. Co. v. Palmes, 109 U. S. 244, 3 Sup. Ct. 193, 27 L. Ed. 922; Jeffries v. Insurance Co., 110 U. S. 305, 4 Sup. Ct. 8, 28 L. Ed. 156; Louisiana v. City of New Orleans, 109 U. S. 285, 3 Sup. Ct. 211, 27 L. Ed. 936; Hoff v. County of Jasper, 110 U. S. 53, 3 Sup. Ct. 476, 28 L. Ed. 68; Hamil- ton G. & C. Co. v. City of Hamilton, 146 U. S. 258, 13 Sup. Ct. 90, 36 L. Ed. 963; Wilmington & W. R. Co. v. Alsbrook, 146 U. S. 279, 13 Sup. Ct. 72, 36 L. Ed. 972; Vance v. Vance, 108 U. S. 514, 2 Sup. Ct. 854, 27 L. Ed. 808; Central Land Co. v. Laidley, 159 U. S. 103, 16 Sup. Ct. 80, 40 L. Ed. 91; Citizens' Sav. Bank v. City of Owensboro, 173 U. S. 636, 19 Sup. Ct. 530, 43 L. Ed. 840; Essex Public Road Board v. Skinkle, 140 U. S. 334, 11 Sup. Ct. 791, 35 L. Ed. 446; Pen- noyer v. McConnaughy, 140 U. S. 1, 11 Sup. Ct. 699, 35 L. Ed. 363; Stein v. Bienville W. S. Co., 141 U. S. 67, 11 Sup. Ct. 892, 35 L. Ed. 622; Denny v. Bennett, 128 U. S. 489, 9 Sup. Ct. 134, 32 L. Ed. 491; Baltzer v. North Carolina, 161 U. S. 240, 16 Sup. Ct. 500, 40 L. EXI. 684; Wilkerson v. Rahrer, 140 U. S. 545, 11 Sup. Ct. 865, 35 L. Ed. 572; Thompson v. Missouri, 171 U. S. 380, 18 Sup. Ct. 922, 43 L. Ed. 204; City of Walla Walla v. Walla Walla Water Co., 172 U. S. 1, 19 Sup. Ct. 77, 43 L. Ed. 341; Holden v. Minnesota, 137 U. S. 483, 11 Sup. Ct. 143, 34 L. Ed. 734; Connecticut Mut. L. Ins. Co. v. Spratley, 172 U. S. 602, 19 Sup. Ct. 308, 43 L. Ed. 569; Sioux City St. Ry. Co. v. City of Sioux City, 138 U. S. 98, 11 Sup. Ct. 226, 34 L. Ed. 898; Columbia W. P. Co. v. Columbia Electric St. Ry., L. & P. Co., 172 U. S. 475, 19 Sup. Ct. 247, 43 L. Ed. 521; Henderson Bridge Co. v. City of Henderson, 173 U. S. 592, 19 Sup. Ct. 553, 43 L. Ed. 823; East Ten- nessee V. & G. Ry. Co. v. Frazier, 139 U. S. 288, 11 Sup. Ct. 517, 35 L. Ed. 196; Turner v. Commissioners, 173 U. S. 461, 19 Sup. Ct. 464, 43 L. Ed. 768; City of Covington v. Kentucky, 173 U. S. 231, 19 Sup. Ct. 383, 43 L. Ed. 679; Morley v. Lake Shore & M. S. Ry. Co., 146 U. S. 162, 13 Sup. Ct. 54, 36 L. Ed. 925; Kring v. Missouri, 107 U. S. 221, 2 Sup. Ct. 443, 27 L. Ed. 506; Antoni v. Greenhow, 107 U. S. 769, 2 Sup. Ct. 91, 27 L. Ed. 468; Connecticut M. L. Ins. Co. v. Cush- man, 108 U. S. 51, 2 Sup. Ct. 236, 27 L. Ed. 648; Ex parte Ayers, 123 U. S. 443, 8 Sup. Ct. 164, 31 L. Ed. 216; Sands v. Manistee R. I. Co., 123 U. S. 288, 8 Sup. Ct. 113, 31 L. Ed. 149; McGahey v. Virginia, 135 U. S. 662, 10 Sup. Ct. 973, 34 L. Ed. 304; Williams v. Eggleston, 170 U. S. 304, 18 Sup. Ct. 617, 42 L. Ed. 1047; In re Kemmler, 136 U. S. 436, 10 Sup. Ct. 930, 34 L. Ed. 519; Galveston, H. & S. Ry. Co. v. Texas, 170 U. S. 226, 18 Sup. Ct. 603, 42 L. Ed. 1017; Maynard v. Hill, 125 U. S. 190, 8 Sup. Ct. 723, 31 L. Ed. 654; Wheeler v. Jackson, 137 U. S. 245, 11 Sup. Ct. 76, 34 L. Ed. 659; New Orleans, C. & L. R. Co. v. Louisiana, 157 U. S. 219, 15 Sup. Ct. 581, 39 L. Ed. 679; Missouri v. Walker, 125 U. S. 339, 8 Sup. Ct. 929, 31 L. Ed. 769; United States v. Thoman, 156 U. S. 353, 15 Sup. Ct. 378, 39 L. Ed. lxxviii CONSTITUTION OF THE UNITED STATES—1787. (Art. 1, § 10 - 450; Clark v. City of San Francisco, 124 U. S. 639, S Sup. Ct. 659, 31 L. Ed. 553; Western Union Tel. Co. v. James, 162 U. S. 650, 16 Sup. Ct. 934, 40 L. Ed. 1105; Chesapeake & 0. Ry. Co. v. Miller, 114 U. S. 176, 5 Sup. Ct. 813, 29 L. Ed. 121; Allen v. Baltimore & 0. Ry. Co., 114 U. S. 311, 5 Sup. Ct. 925, 962, 29 L. Ed. 200; White v. Greenhow, 114 U. S. 307, 5 Sup. Ct. 923, 962, 29 L. Ed. 199; Poindexter v. Green- how, 114 U. S. 270, 5 Sup. Ct. 903, 29 L. Ed. 185; Chicago Life Ins. Co. v. Needles, 113 U. S. 574, 5 Sup. Ct. 681, 28 L. Ed. 1084; Carter v. Greenhow, 114 U.S. 317, 5 Sup. Ct. 928, 962, 29 L. Ed. 202; Pleasants v. Greenhow, 114 U. S. 323, 5 Sup. Ct. 931, 29 L. Ed. 204; Lehigh Water Co. v. Easton, 121 U. S. 388, 7 Sup. Ct. 916, 30 L. Ed. 1059; New York, L. E. & W. R. Co. v. Pennsylvania, 153 U. S. 628, 14 Sup. Ct. 952, 38 L.Ed. 854; Seibert v. United States, 122 U. S. 284, 7 Sup. Ct. 1190, 30 L. Ed. 1161; Hawker v. New York, 170 U. S. 189, 18 Sup. Ct. 573, 42 L. Ed. 1002; Chicago, B. & Q. R. Co. v. Nebraska, 170 U. S. 57, 18 Sup. Ct. 513, 42 L. Ed. 948; Church v. Kelsey, 121 U. S. 282, 7 Sup. Ct. 897, 30 L. Ed. 960; Mobile & 0. R. Co. v. Tennessee, 153 U. S. 486, 14 Sup. Ct. 968, 38 L. Ed. 793; Holden v. Hardy, 169 U. S. 366, 18 Sup. Ct. 383, 42 L. Ed. 780; Carter v. Greenhow, 114 U. S. 317, 5 Sup. Ct. 928, 962, 29 L. Ed. 202; Douglas v. Kentucky, 168 U. S. 488, 18 Sup. Ct. 199, 42 L. Ed. 553; Lehigh Water Co. v. Easton, 121 U. S. 388, 7 Sup. Ct. 916, 30 L. Ed. 1059; Capital City Light & Fuel Co. v. City of Tallahassee, 186 U. S. 401, 22 Sup. Ct. 867, 46 L. Ed. - 2 No State shall, without the Consent of the Congress, lay any Im- posts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress. McCulloch v. State of Maryland, 4 Wheat. 316, 4 L. Ed. 579; Gib- bons v. Ogden, 9 Wheat. 1, 6 L. Ed. 23; Brown v. State of Maryland, 12 Wheat. 419, 6 L. Ed. 678; Mager v. Grima, 8 How. 490, 12 L. Ed. 1168; Cooley v. Board of Wardens of Port of Philadelphia, 12 How. 299, 13 L. Ed. 996; Almy v. State of California, 24 How. 169, 16 L. Ed. 644; License Tax Cases, 5 Wall. 462, 18 L. Ed. 497; Crandall v. State of Nevada, 6 Wall. 35, 18 L. Ed. 744, 745; Waring v. Mayor, 8 Wall. 110, 19 L. Ed. 342; Woodruff v. Parham, 8 Wall. 123, 19 L. Ed. 382; Hinson v. Lott, 8 Wall. 148, 19 L. Ed. 387; State Tonnage Tax Cases, 12 Wall. 204, 20 L. Ed. 370; State Tax on Railway Gross Receipts, 15 Wall. 284, 21 L. Ed. 164; Inman Steamship Co. v. Tinker, 94 U. S. 238, 24 L. Ed. 118; Fairbank v. United States, 181 U. S. 283, 21 Sup. Ct. 648, 45 L. Ed. 862; F. May & Co. v. City of New Orleans, 178 U. S. 496, 20 Sup. Ct. 976, 44 L. Ed. 1165; Presser v. Illinois, 116 U. S. 252, 6 Sup. Ct. 580, 29 L. Ed. 615; Coe v. Town of Errol, 116 U. S. 517, 6 Sup. Ct. 475, 29 L. Ed. 715; Wilkerson v. Rahrer, 140 U. S. 515, 11 Sup. Ct. 865, 35 L. Ed. 572; Turner v. Maryland, 107 U. S. 38, 2 Sup. Ct. 44, 27 L. Ed. 370; Turpin v. Bur- gess, 117 U. S. 504, 6 Sup. Ct. 835, 29 L. Ed. 988; State of New York v. Compagnie Generale Transatlantique, 107 U. S. 59, 2 Sup. Ct. 87, 27 L. Ed. 383; Amy v. Taxing District of Shelby County, 114 U. S. 387, 5 Sup. Ct. 895, 29 L. Ed. 172; Brown v. Houston, 114 U. S. 622, 5 Sup. Ct. 1091, 29 L. Ed. 257. 8 No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay. Greeu v. Biddle, 8 Wheat. 1, 5 L. Ed. 547; Poole v. Lessee of Flee- Art. 2, § 1) lxxix CONSTITUTION OF THE UNITED STATES—1787. ger, 11 Pet. 185, 9 L. Ed. 680, 955; Cooley v. Board of Wardens of Port of Philadelphia, 12 How. 299, 13 L. Ed. 996; Peete v. Morgan, 19 Wall. 581, 22 L. Ed. 201; Cannon v. New Orleans, 20 Wall. 577, 22 L. Ed. 417; Inman Steamship Co. v. Tinker, 94 U. S. 238, 24 L. Ed. 118; Huse v. Glover, 119 U. S. 543, 7 Sup. Ct. 313, 30 L. Ed. 487; Wharton v. Wise, 153 U. S. 155, 14 Sup. Ct. 783, 38 L. Ed. 669; Virginia v. Tennessee, 148 U. S. 503, 13 Sup. Ct. 728, 37 L. Ed. 537; St. Louis & S. F. Ry. Co. v. James, 161 U. S. 545, 16 Sup. Ct. 621, 40 L. Ed. 802; Wilkerson v. Rahrer, 140 U. S. 545, 11 Sup. Ct. 865, 35 L. Ed. 572; Morgan's L. & T. R. & S. S. Co. v. Board of Health, 118 U. S. 455, 6 Sup. Ct. 1114, 30 L. Ed. 237; Wiggins Ferry Co. v. City of East St. Louis, 107 U. S. 365, 2 Sup. Ct. 257, 27 L. Ed. 419; New Hampshire v. Louisiana, 108 U. S. 76, 2 Sup. Ct. 176, 27 L. Ed. 656; Parkersburg & O. R. Transp. Co. v. City of Parkersburg, 107 U. S. 691, 2 Sup. Ct. 732, 27 L. Ed. 584. ARTICLE. II. Section. I. 1 The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows Fong Yue Ting v. United States, 149 U. S. 698, 13 Sup. Ct. 1016, 37 L. Ed. 905. 2 Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. Chisholm v. Georgia, 2 Dall. 419, 1 L. Ed. 440; Leitensdorfer V. Webb, 20 How. 176, 15 L. Ed. 891; Fitzgerald v. Green, 134 U. S. 377, 10 Sup. Ct. 586, 33 L. Ed. 951; McPherson v. Blacker, 146 U. S. 1, 13 Sur. Ct. 3, 36 L. Ed. 869. [“The electors shall meet in their respective States, and vote by bal- lot for two F'ersons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Sen ate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the Presi- dent. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two-thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice-President.”] This clause has been superseded by the twelfth amendment, p. xcvii. lxxx CONSTITUTION OF THE UNITED STATES—1787. (Art. 2, § 1 - 3 The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States. 4 No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States. Inglis v. Trustees of the Sailors' Snug Harbor, 3 Pet. 99, 7 L. Ed. 617. 5 In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation, or inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected. 6 The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation :-“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States." Section. 2. 1 The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. United States v. Wilson, 7 Pet. 150, 8 L. Ed. 640; Ex parte William Wells, 18 How. 307, 15 L. Ed. 421; Ex parte Garland, 4 Wall. 333, 18 L. Ed. 366; Armstrong's Foundry v. United States, 6 Wall. 766, 18 L. Ed. 822; The Grape Shot, 9 Wall. 129, 19 L. Ed. 651; United States V. Padelford, 9 Wall. 532, 19 L. Ed. 788; United States v. Klein, 13 Wall. 128, 20 L. Ed. 519; Armstrong v. United States, 13 Wall. 154, 20 L. Ed. 614; Pargoud v. United States, 13 Wall. 156, 20 L. Ed. 646; Hamilton v. Dillin, 21 Wall. 73, 22 L. Ed. 528; Mechanics & Traders' Bank v. Union Bank, 22 Wall. 276, 22 L. Ed. 871; Lamar v. Browne, 92 U. S. 187, 23 L. Ed. 650; Wallach v. Van Riswick, 92 U. S. 202, 23 L. Ed. 473; The Laura, 114 U. S. 411, 5 Sup. Ct. 881, 29 L. Ed. 147; Wood v. United States, 107 U. S. 414, 2 Sup. Ct. 551, 27 I. Ed. 542. 2 He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Con- Art. 3, § 1) lxxxi CONSTITUTION OF THE UNITED STATES—1787. sent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise pro- vided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. Ware v. Hylton, 3 Dall. 199, 1 L. Ed. 568; Marbury v. Madison, 1 Cranch, 137, 2 L. Ed. 60; United States v. Kirkpatrick, 9 Wheat. 720, 6 L. Ed. 199; American Insurance Co. v. Canter (356 Bales of Cotton), 1 Pet. 511, 7 L. Ed. 242; Foster & Elam v. Neilson, 2 Pet. 253, 7 L. Ed. 415; Cherokee Nation v. State of Georgia, 5 Pet. 1, 8 L. Ed. 25; Patterson v. Winn, 5 Pet. 233, 8 L. Ed. 108; Worcester v. State of Georgia, 6 Pet. 515, 8 L. Ed. 483; City of New Orleans v. De Armas, 9 Pet. 224, 9 L. Ed. 109; Holden v. Joy, 17 Wall. 211, 21 L. Ed. 523; United States v. Sandoval, 167 U. S. 278, 17 Sup. Ct. 868, 42 L. Ed. 168; United States v. Texas, 143 U. S. 621, 12 Sup. Ct. 488, 36 L. Ed. 285; Horner v. United States, 143 U. S. 570, 12 Sup. Ct. 522, 36 L. Ed. 266; Shoemaker v. United States, 147 U. S. 282, 13 Sup. Ct. 361, 37 L. Ed. 170; Jones v. United States, 137 U. S. 202, 11 Sup. Ct. 80, 34 L. Ed. 691. 8 The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session. United States v. Kirkpatrick, 9 Wheat. 720, 6 L. Ed. 199; Cook v. United States, 138 U. S. 157, 11 Sup. Ct. 268, 34 L. Ed. 906; Auffmordt V. Hedden, 137 U. S. 310, 11 Sup. Ct. 103, 34 L. Ed. 674. Section. 3. He shall from time to time give to the Congress Informa- tion of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Com- mission all the Officers of the United States. Marbury v. Madison, 1 Cranch, 137, 2 L. Ed. 60; Kendall, Postmaster- General, v. United States, 12 Pet. 524, 9 L. Ed. 1181; Luther v. Borden, 7 How. 1, 12 L. Ed. 581; State of Mississippi v. Johnson, President, 4 Wall. 475, 18 L. Ed. 437; Stewart v. Kahn, 11 Wall. 493, 20 L. Ed. 176; Cunningham v. Neagle, 135 U. S. 1, 10 Sup. Ct. 659, 34 L. Ed. 55. Section. 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemean- ors. ARTICLE III. Section. 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Be- haviour, and shall, at stated Times, receive for their Services, a Com- VOL.1 LAWS '01-f lxxxii CONSTITUTION OF THE UNITED STATES—1787. (Art. 3, § 1 pensation, which shall not be diminished during their Continuance in Office. Chisholm v. Georgia, 2 Dall. 419, 1 L. Ed. 410; Stuart v. Laird, 1 Cranch, 299, 2 L. Ed. 115; United States v. Peters, 5 Cranch, 115, 3 L. Ed. 53; Cohens v. Virginia, 6 Cranch, 264, 5 L. Ed. 257; Martin v. Hunter's Lessee, 1 Wheat. 304, 4 L. Ed. 97; Osborn v. United States Bank, 9 Wheat. 738, 6 L. Ed. 204; Benner v. Porter, 9 How. 235, 13 L. Ed. 119; United States v. Ritchie, 17 How. 525, 15 L. Ed. 236; Murray's Lessee v. Hoboken Land & Improvement Co., 18 How. 272, 15 L. Ed. 372; Ex parte Vallandigham, 1 Wall. 243, 17 L. Ed. 589; Whitehead v. Shattuck, 138 U. S. 146, 11 Sup. Ct. 276, 34 L. Ed. 873; Ex parte Cooper, 143 U. S. 472, 12 Sup. Ct. 453, 36 L. Ed. 232; Shoe- maker v. United States, 147 U. S. 282, 13 Sup. Ct. 361, 37 L. Ed. 170; United States v. Coe, 155 U. S. 76, 15 Sup. Ct. 16, 39 L. Ed. 76; United States v. Louisiana, 123 U. S. 52, 8 Sup. Ct. 17, 31 L. Ed. 69; Pollock v. Farmers' Loan & Trust Co., 157 U. S. 429, 15 Sup. Ct. 673, 39 L. Ed. 759; Rio Grande R. Co. v. Vinet, 132 U. S. 478, 10 Sup. Ct. 157, 33 L. Ed. 400; Robertson v. Baldwin, 165 U. S. 275, 17 Sup. Ct. 326, 41 L. Ed. 715; Ames v. Kansas, 111 U. S. 449, 4 Sup. Ct. 437, 28 L. Ed. 482. Section. 2. 1 The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Au- thority;—to all Cases affecting Ambassadors, other public Ministers and Consuls ;—to all Cases of admiralty and maritime Jurisdiction ;- to Controversies to which the United States shall be a Party;—to Con- troversies between two or more States ;-between a State and Citizens of another State ;-between citizens of different States,-between citi- zens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. Hayburn's Case (note), 2 Dall. 410, 1 L. Ed. 436; Chisholm v. Geor- gia, 2 Dall. 419, 1 L. Ed. 440; Glass v. Sloop Betsey, 3 Dall. 6, 1 L. Ed. 485; United States v. La Vengeance, 3 Dall. 297, 1 L. Ed. 610; Hol- lingsworth v. Virginia, 3 Dall. 378, 1 L. Ed. 644; Mossman v. Higgin- son, 4 Dall. 12, 1 L. Ed. 720; Marbury v. Madison, 1 Cranch, 137, 2 L. Ed. 60; Hepburn v. Ellzey, 2 Cranch, 445, 2 L. Ed. 332; United States v. More, 3 Cranch, 159, 2 L. Ed. 397; Strawbridge v. Curtiss, 3 Cranch, 267, 2 L. Ed. 435; Ex parte Bollman & Swartwout, 4 Cranch, 75, 2 L. Ed. 554; Rose v. Himely, 4 Cranch, 241, 2 L. Ed. 608; Chap- pedelaine v. Dechenaux, 4 Cranch, 306, 2 L. Ed. 629; Hope Insurance Co. v. Boardman, 5 Cranch, 57, 3 L. Ed. 36; Bank of United States v. Deveaux, 5 Cranch, 61, 3 L. Ed. 38; Hodgson v. Bowerbank, 5 Cranch, 303, 3 L. Ed. 108; Owings v. Norwood's Lessee, 5 Cranch, 344, 3 L. Ed. 120; Durousseau v. United States, 6 Cranch, 307, 3 L. Ed. 232; United States v. Hudson & Goodwin, 7 Cranch, 32, 3 L. Ed. 259; Martin v. Hunter, 1 Wheat. 304, 4 L. Ed. 97; Colson v. Lewis, 2 Wheat. 377, 4 L. Ed. 266; United States v. Bevans, 3 Wheat. 336, 4 L. Ed. 404; Cohens v. Virginia, 6 Wheat. 264, 5 L. Ed. 257; Ex parte Kearney, 7 Wheat. 38, 5 L. Ed. 391; Matthews v. Zane, 7 Wheat. 164, 5 L. Ed. 425; Osborn v. United States Bank, 9 Wheat. 738, 6 L. Ed. 204; United States v. Ortega, 11 Wheat. 467, 6 L. Ed. 521; American Insurance Co. v. Canter (356 Bales Cotton), 1 Pet. 511, 7 L. Ed. 242; Jackson v. Twentyman, 2 Pet. 136, 7 L. Ed. 374; Cherokee Nation v. State of Georgia, 5 Pet. 1, 8 L. Ed. 25; State of New Jersey v. State of New York, 5 Pet. 284, 8 L. Ed. 127; Davis v. Packard, 6 Pet: 41, 8 L. Ed. 312; United States v. Arredondo, 6 Pet. 691, 8 L. Ed. 547; Davis v. Packard, 7. Pet. 276, 8 L. Ed. 684; Breedlove v. Nicolet, 7 Pet. 413, 8 L. Ed. 731; Brown v. Keene, 8 Pet. 112, 8 L. Ed. 885; Art. 3, § 2) CONSTITUTION OF THE UNITED STATES—1787. lxxxiii Davis v. Packard, 8 Pet. 312, 8 L. Ed. 957; City of New Orleans y. De Armas, 9 Pet. 224, 9 L. Ed. 109; State of Rhode Island v. Com- monwealth of Massachusetts, 12 Pet. 657, 9 L. Ed. 1233; Bank of Augusta v. Earle, 13 Pet. 519, 10 L. Ed. 274; Commercial & Railroad Bank of Vicksburg v. Slocomb, 14 Pet. 60, 10 L. Ed. 354; Suydam v. Broadnax, 14 Pet. 67, 10 L. Ed. 357; Prigg v. Commonwealth of Pennsylvania, 16 Pet. 539, 10 L. Ed. 1060; Louisville, Cincinnati & Charleston Railway Co. v. Letson, 2 How. 497, 11 L. Ed. 353; Cary v. Curtis, 3 How. 236, 11 L. Ed. 576; Waring v. Clarke, 5 How. 441, 12 L. Ed. 226; Luther v. Borden, 7 How. 1, 12 L. Ed. 581; Sheldon v. Sill, 8 How. 441, 12 L. Ed. 1147; The Propeller Genesee Chief v. Fitz- hugh, 12 How. 443, 13 L. Ed. 1058; Fretz v. Bull, 12 How. 466, 13 L. Ed. 1068; Neves v. Scott, 13 How. 268, 14 L. Ed. 140; State of Pennsylvania v. Wheeling, etc., Bridge Co., 13 How. 518, 14 L. Ed. 249; Marshall v. Baltimore & Ohio R. R. Co., 16 How. 314, 14 L. Ed. 953; United States v. Guthrie, 17 How. 284, 15 L. Ed. 102; Smith v. State of Maryland, 18 How. 71, 15 L. Ed. 269; Jones v. Leagne, 18 How. 76, 15 L. Ed. 263; Murray's Lessee v. Hoboken Land & Im- provement Co., 18 How. 272, 15 L. Ed. 372; Hyde v. Stone, 20 How. 170, 15 L. Ed. 874; Irvine v. Marshall, 20 How. 558, 15 L. Ed. 994; Fenn v. Holme, 21 How. 481, 16 L. Ed. 198; Morewood v. Enequist, 23 How. 491, 16 L. Ed. 516; Commonwealth of Kentucky v. Dennison, Governor, 24 How. 66, 16 L. Ed. 717; Ohio & Mississippi R. R. Co. v. Wheeler, 1 Black, 286, 17 L. Ed. 130; The Steamer Saint Lawrence, 1 Black, 522, 17 L. Ed. 180; The Propeller Commerce, 1 Black, 574, 17 L. Ed. 107; Ex parte Vallandigham, 1 Wall. 243, 17 L. Ed. 589; Ex parte Milligan, 4 Wall. 2, 18 L. Ed. 281; The Moses Taylor, 4 Wall. 411, 18 L. Ed. 397; State of Mississippi v. Johnson, President, 4 Wall, 475, 18 L. Ed. 437; The Hine v. Trevor, 4 Wall. 555, 18 L. Ed. 451; City of Philadelphia v. Collector, 5 Wall. 720, 18 L. Ed. 614; State of Georgia v. Stanton, 6 Wall. 50, 18 L. Ed. 721; Payne v. Hook, 7 Wall. 425, 19 L. Ed. 260; The Alicia, 7 Wall. 571, 19 L. Ed. 84; Ex parte Yerger, 8 Wall. 85, 19 L. Ed. 332; Insurance Co. v. Dunham, 11 Wall. 1, 20 L. Ed. 90; Virginia v. West Virginia, 11 Wall. 39, 20 L. Ed. 67; Coal Co. v. Blatchford, 11 Wall. 172, 20 L. Ed. 179; Rail- way Co. v. Whitton, 13 Wall. 270, 20 L. Ed. 571; Tarble's Case, 13 Wall. 397, 20 L. Ed. 597; Blyew v. United States, 13 Wall. 581, 20 L. Ed. 638; Davis v. Gray, 16 Wall. 203, 21 L. Ed. 447; Case of the Sewing Machine Cos., 18 Wall. 553, 21 L. Ed. 914; Insurance Co. v. Morse, 20 Wall. 445, 22 L. Ed. 365; Vannevar v. Bryant, 21 Wall. 41, 22 L. Ed. 476; The Lottawanna, 21 Wall. 558, 22 L. Ed. 654; Gaines y. Fuentes, 92 U. S. 10, 23 L. Ed. 524; Muller v. Dows, 94 U. S. 444, 24 L. Ed. 76; Doyle v. Continental Insurance Co., 94 U. S. 535, 24 L. Ed. 148; Tyler v. Judges of Court of Registration, 179 U. S. 405, 21 Sup. Ct. 206, 45 L. Ed. 252; Missouri, K. & T. R. Co. v. El- liott, 184 U. S. 530, 22 Sup. Ct. 446, 46 L. Ed. 673; Tullock v. Mulvane, 184 U. S. 497, 22 Sup. Ct. 372, 46 L. Ed. 657; Minnesota v. Northern Securities Co., 184 U. S. 199, 22 Sup. Ct. 308, 46 L. Ed. 499; National F. & P. Works v. Oconto City W. S. Co., 183 U. S. 216, 22 Sup. Ct. 111, 46 L. Ed. 157; Arkansas v. Kansas & T. Coal Co., 183 U. S. 185, 22 Sup. Ct. 47, 46 L. Ed. 144; Blythe v. Hinckley, 180 U. S. 333, 21 Sup. Ct. 390, 45 L. Ed. 557; City of New Orleans v. Fisher, 180 U. S. 185, 21 Sup. Ct. 347, 45 L. Ed. 485; Missouri v. Illinois, 180 U. S. 208, 21 Sup. Ct. 331, 45 L. Ed. 497; Yazoo & M. R. Co. v. Adams, 180 U. S. 41, 21 Sup. Ct. 256, 45 L. Ed. 415; Chappell v. Bradshaw, 128 U. S. 132, 9 Sup. Ct. 40, 32 L. Ed. 369; United States v. American Bell Tel. Co., 128 U. S. 315, 9 Sup. Ct. 90, 32 L. Ed. 450; Jersey City & B. R. Co. v. Morgan, 160 U. S. 288, 16 Sup. Ct. 277, 40 L. Ed. 430; Whitten v. Tomlinson, 160 U. S. 231, 16 Sup. Ct. 297, 10 L. Ed. 406; Haley v. Breeze, 144 U. S. 130, 12 Sup. Ct. 836, 36 L. Ed. 373; Mis- souri v. Harris, 144 U. S. 210, 12 Sup. Ct. 838, 36 L. Ed. 407; Texas & P. Ry. Co. v. Cox, 145 U. S. 593, 12 Sup. Ct. 905, 36 L. Ed. 829; Baldwin v. Kansas, 129 U. S. 52, 9 Sup. Ct. 193, 32 L. Ed. 640; Mis- Ixxxiv CONSTITUTION OF THE UNITED STATES—1787. (Art. 3, § 2 souri Pac. Ry. Co. v. Fitzgerald, 160 U. S. 556, 16 Sup. Ct. 389, 40 L. Ed. 536; Phønix F. & M. Ins. Co. v. Tennessee, 161 U. S. 174, 16 Sup. Ct. 471, 40 L. Ed. 660; Chemical Nat. Bank v. City Bank, 160 U. S. 646, 16 Sup. Ct. 417, 40 L. Ed. 568; Marrow v. Brinkley, 129 U. S. 178, 9 Sup. Ct. 267, 32 L. Ed. 654; Seneca Nation v. Christy, 162 U. S. 283, 16 Sup. Ct. 828, 40 L. Ed. 970; Woodruff v. Mississippi, 162 U. S. 291, 16 Sup. Ct. 821, 40 L. Ed. 973; Stanley v. Schwalby, 162 U. S. 255, 16 Sup. Ct. 754, 40 L. Ed. 960; Great Western Tel. Co. v. Purdy, 162 U. S. 329, 16 Sup. Ct. 810, 40 L. Ed. 986; Arrowsmith v. Gleason, 129 U. S. 86, 9 Sup. Ct. 237, 32 L. Ed. 630; St. Louis & S. F. Ry. Co. v. James, 161 U. S. 545, 16 Sup. Ct. 621, 40 L. Ed. 802; City of Shreveport v. Cole, 129 U. S. 36, 9 Sup. Ct. 210, 32 L. Ed. 589; Chicago, B. & Q. R. Co. v. City of Chicago, 166 U. S. 226, 17 Sup. Ct. 581, 41 L. Ed. 979; Hale v. Akers, 132 U. S. 554, 10 Sup. Ct. 171, 33 L. Ed. 442; Yazoo & M. V. R. Co. v. Thomas, 132 U. S. 174, 10 Sup. Ct. 68, 33 L. Ed. 302; Hussman v. Durham, 165 U. S. 144, 17 Sup. Ct. 253, 41 L. Ed. 664; Smith v. Adams, 130 U. S. 167, 9 Sup. Ct. 566, 32 L. Ed. 895; Draper v. United States, 164 U. S. 240, 17 Sup. Ct. 106, 41 L. Ed. 419; Northern Pac. R. Co. v. Colburn, 164 U. S. 383, 17 Sup. Ct. 98, 41 L. Ed. 479; Chapman v. Barney, 129 U. S. 677, 9 Sup. Ct. 426, 32 L. Ed. 800; Morris v. Gilmer, 129 U. S. 315, 9 Sup. Ct. 289, 32 L. Ed. 690; Union Nat. Bank v. Louisville, N. A. & C. Ry. Co., 163 U. S. 325, 16 Sup. Ct. 1039, 41 L. Ed. 177; Gibson v. Mississippi, 162 U. S. 565, 16 Sup. Ct. 904, 40 L. Ed. 1075; Central Pac. R. Co. v. Nevada, 162 U. S. 512, 16 Sup. Ct. 885, 40 L. Ed. 1057; White v. Rankin, 144 U. S. 628, 12 Sup. Ct. 768, 36 L. Ed. 569; Loeb v. Trustees of Columbia Tp., 179 U. S. 472, 21 Sup. Ct. 174, 45 L. Ed. 280; Patton v. Brady, 184 U. S. 608, 22 Sup. Ct. 493, 46 L. Ed. 713; Speed v. McCarthy, 181 U. S. 269, 21 Sup. Ct. 613, 45 L. Ed. 855; Delaware City S. & P. Steamboat Nav. Co. v. Reybold, 142 U. S. 636, 12 Sup. Ct. 290, 35 L. Ed. 1141; Powell v. Supervisors, 150 U. S. 433, 14 Sup. Ct. 166, 37 L. Ed. 1134; City of San Francisco v. Itsell, 133 U. S. 65, 10 Sup. Ct. 241, 33 L. Ed. 570; California Nat. Bank v. Thomas, 171 U. S. 441, 19 Sup. Ct. 4, 43 L. Ed. 231; Jones v. United States, 137 U. S. 202, 11 Sup. Ct. 80, 34 L. Ed. 691; Har- rison v. Morton, 171 U. S. 38, 18 Sup. Ct. 742, 43 L. Ed. 63; Plaque- mines Tropical Fruit Co. v. Henderson, 170 U. S. 511, 18 Sup. Ct. 685, 42 L. Ed. 1126; Nashua & L. R. Corp. v. Boston & L. R. Corp., 136 U. S. 356, 10 Sup. Ct. 1004, 34 L. Ed. 363; Kipley y. Illinois, 170 U. S. 182, 18 Sup. Ct. 550, 42 L. Ed. 998; Galveston, H. & S. Ry. Co. v. Texas, 170 U. S. 226, 18 Sup. Ct. 603, 42 L. Ed. 1017; Ander- son v. Carkins, 135 U. S. 483, 10 Sup. Ct. 905, 34 L. Ed. 272; Backus v. Fort St. Union Depot Co., 169 U. S. 557, 18 Sup. Ct. 444, 42 L. Ed. 853; Leyson v. Davis, 170 U. S. 36, 18 Sup. Ct. 500, 42 L. Ed. 939; Ex parte Burrus, 136 U. S. 586, 10 Sup. Ct. 850, 34 L. Ed. 1500; Beatty v. Benton, 135 U. S. 244, 10 Sup. Ct. 747, 34 L. Ed. 124; Merritt v. Bowdoin College, 169 U. S. 551, 18 Sup. Ct. 415, 42 L. Ed. 850; Wil- son y. North Carolina, 169 U. S. 586, 18 Sup. Ct. 435, 42 L. Ed. 865; Giles v. Little, 134 U. S. 645, 10 Sup. Ct. 623, 33 L. Ed. 1062; Blount v. Walker, 134 U. S. 607, 10 Sup. Ct. 607, 33 L. Ed. 1036; Central Nat. Bank v. Stevens, 169 U. S. 432, 18 Sup. Ct. 403, 42 L. Ed. 807; Conde v. York, 168 U. S. 642, 18 Sup. Ct. 234, 42 L. Ed. 611; Penn Mut. Life Ins. Co. v. City of Austin, 168 U. S. 685, 18 Sup. Ct. 223, 42 L. Ed. 626; Roff v. Burney, 168 U. S. 218, 18 Sup. Ct. 60, 42 L. Ed. 442; Hans v. Louisiana, 134 U. S. 1, 10 Sup. Ct. 504, 33 L. Ed. 842; North Carolina v. Temple, 134 U. S. 22, 10 Sup. Ct. 509, 33 L. Ed. 849; Louisiana v. Steele, 134 U. S. 230, 10 Sup. Ct. 511, 33 L. Ed. 891; Hopkins v. McLure, 133 U. S. 380, 10 Sup. Ct. 407, 33 L. Ed. 660; St. Joseph & G. I. R. Co. v. Steele, 167 U. S. 659, 17 Sup. Ct. 925, 42 L. Ed. 315; California Nat. Bank v. Kennedy, 167 U. S. 362, 17 Sup. Ct. 831, 42 L. Ed. 198; Robertson v. Baldwin, 165 U. S. 275, 17 Sup. Ct. 326, 41 L. Ed. 715; Hooe v. Jamieson, 166 U. S. 395, 17 Sup. Ct. 596, 41 1. Ed. 1049; Ex parte Lennon, 166 U. S. 548, 17 Sup. Ct. 658, Art. 3, § 2) CONSTITUTION OF THE UNITED STATES—1787. lxxxy 41 L. Ed. 1110; Springville City v. Thoinas, 166 U. S. 707, 17 Sup. Ct. 717, 41 L. Ed. 1172; Manning v. French, 133 U. S. 186, 10 Sup. Ct. • 258, 33 L. Ed. 582; First Nat. Bank v. Anderson, 172 U. S. 573, 19 Sup. Ct. 284, 43 L. Ed. 558; Columbia W. P. Co. v. Columbia Electric St. Ry. L. & P. Co., 172 U. S. 475, 19 Sup. Ct. 247, 43 L. Ed. 521; Pittsburgh, C., C. & St. L. Ry. Co. v. Long Island L. & T. Co., 172 U. S. 493, 19 Sup. Ct. 238, 43 L. Ed. 528; Green Bay & M. Canal Co. v. Patten Paper Co., 172 U. S. 58, 19 Sup. Ct. 97, 43 L. Ed. 364; Harkrader v. Wadley, 172 U. S. 148, 19 Sup. Ct. 119, 43 L. Ed. 399; McCullough v. Virginia, 172 U. S. 102, 19 Sup. Ct. 134, 43 L. Ed. 382; Pierce v. Somerset Ry. Co., 171 U. S. 641, 19 Sup. Ct. 64, 43 L. Ed. 316; City of New Orleans v. Quinlan, 173 U. S. 191, 19 Sup. Ct. 329, 43 L. Ed. 664; Chapin v. Fye, 179 U. S. 127, 21 Sup. Ct. 71, 45 L. Ed. 119; Avery v. Popper, 179 U. S. 305, 21 Sup. Ct. 94, 45 L. Ed. 203; Petri v. Commercial Nat. Bank, 142 U. S. 644, 12 Sup. Ct. 325, 35 L. Ed. 1144; Western Union Tel. Co. v. Ann Arbor R. Co., 178 U. S. 239, 20 Sup. Ct. 367, 44 L. Ed. 1052; Tyler v. Cass County, 142 U. S. 288, 12 Sup. Ct. 225, 35 L. Ed. 1016; American Express Co. v. Maynard, 177 U. S. 404, 20 Sup. Ct. 690, 44 L. Ed. 823; Great Southern F. P. Hotel Co. v. Jones, 177 U. S. 449, 20 Sup. Ct. 690, 44 L. Ed. 482; For- syth v. Vehmeyer, 177 U. S. 177, 20 Sup. Ct. 623, 44 L. Ed. 723; Kau- kauna Water Power Co. v. Green Bay & M. Canal Co., 142 U. S. 154, 12 Sup. Ct. 173, 33 L. Ed. 1004; Crystal Springs L. & W. Co. v. City of Los Angeles, 177 U. S. 169, 20 Sup. Ct. 573, 44 L. Ed. 720; Ham- mond v. Johnston, 142 U. S. 73, 12 Sup. Ct. 141, 35 L. Ed. 941; City of New Orleans v. New Orleans Waterworks Co., 142 U. S. 79, 12 Sup. Ct. 142, 35 L. Ed. 943; Henderson Bridge Co. v. City of Hen- derson, 141 U. S. 679, 12 Sup. Ct. 114, 35 L. Ed. 900; Florida Cent. P. R. Co. v. Bell, 176 U. S. 321, 20 Sup. Ct. 399, 44 L. Ed. 486; Denny v. Pironi, 141 U. S. 121, 11 Sup. Ct. 966, 35 L. Ed. 657; McNulta v. Lochridge, 141 U. S. 327, 12 Sup. Ct. 11, 35 L. Ed. 796; La Abra Silver Min. Co. v. United States, 175 U. S. 423, 20 Sup. Ct. 168, 44 L. Ed. 223; Keokuk & H. Bridge Co. v. Illinois, 175 U. S. 626, 20 Sup. Ct. 205, 44 L. Ed. 299; Blackburn v. Portland Gold Min. Co., 175 U. S. 571, 20 Sup. Ct. 222, 44 L. Ed. 276; Telluride Power Transmission Co. v. Rio Grande W. R. Co., 175 U. S. 639, 20 Sup. Ct. 245, 44 L. Ed. 305; Abbott v. National Bank of Commerce, 175 U. S. 409, 20 Sup. Ct. 153, 44 L. Ed. 217; Mitchell v. Smale, 140 U. S. 406, 11 Sup. Ct. 819, 840, 35 L. Ed. 442; Seeberger v. McCormick, 175 U. S. 274, 20 Sup. Ct. 128, 44 L. Ed. 161; Marsh v. Nichols, Shepard & Co., 140 U. S. 344, 11 Sup. Ct. 798, 35 L. Ed. 413; White v. Leovy, 174 U. S. 91, 19 Sup. Ct. 604, 43 L. Ed. 907; Nelson v. Malony, 174 U. S. 164, 19 Sup. Ct. 622, 43 L. Ed. 934; Auten v. United States Nat. Bank, 174 U. S. 125, 19 Sup. Ct. 628, 43 L. Ed. 920; McCain v. City of Des Moines, 174 U. S. 168, 19 Sup. Ct. 644, 43 L. Ed. 936; Louisville, N. A. & C. Ry. Co. v. Louisville Trust Co., 174 U. S. 552, 19 Sup. Ct. 817, 43 L. Ed. 1081; Leeper v. Texas, 139 U. S. 462, 11 Sup. Ct. 577, 35 L. Ed. 225; Timmons v. Elyton Land Co., 139 U. S. 378, 11 Sup. Ct. 585, 35 L. Ed. 195; Thorington v. Montgomery, 147 U. S. 490, 13 Sup. Ct. 394, 37 L. Ed. 252; Allen v. Southern Pac. Ry. Co., 173 U. S. 479, 19 Sup. Ct. 518, 43 L. Ed. 775; City of Manchester v. Massachusetts, 139 U. S. 240, 11 Sup. Ct. 559, 35 L. Ed. 159; Walter A. Wood M. & R. Mach. Co. v. Skinner, 139 U. S. 293, 11 Sup. Ct. 528, 35 L. Ed. 193; Pope v. Louisville, N. A. & C. Ry. Co., 173 U. S. 573, 19 Sup. Ct. 500, 43 L. Ed. 814; Anderson v. Watts, 138 U. S. 694, 11 Sup. Ct. 449, 34 L. Ed. 1078; Blythe v. Hinckley, 173 U. S. 501, 19 Sup. Ct. 497, 43 L. Ed. 783; Ohio v. Thomas, 173 U. S. 276, 19 Sup. Ct. 453, 43 L. Ed. 699; Beaupre v. Noyes, 138 U. S. 397, 11 Sup. Ct. 296, 34 L. Ed. 991; Sherman v. Grinnell, 144 U. S. 198, 12 Sup. Ct. 574, 36 L. Ed. 403; Ludeling v. Chaffe, 143 U. S. 301, 12 Sup. Ct. 439, 36 L. Ed. 313; Chicago & G. T. Ry. Co. v. Wellman, 143 U. S. 339, 12 Sup. Ct. 400, 36 L. Ed. 176; Dibble v. Bellingham Bay Land Co., 163 U. S. 63, 16 Sup. Ct. 939, 41 L. Ed. 72; Bors v. Preston, 111 U. S. 252, 4 Sup. Ct. kxxxvi (Art. 3, § 2 CONSTITUTION OF THE UNITED STATES-1787. 407, 28 L. Ed. 419; Ames v. Kansas, 111 U. S. 449, 4 Sup. Ct. 437, 28 L. Ed. 482; New Hampshire v. Louisiana, 108 U. S. 76,2 Sup. Ct. 176, 27 L. Ed. 656; McPherson v. Blacker, 146 U. S. 1, 13 Sup. Ct. 3, 36 L. Ed. 869; Yesler v. Commissioners, 146 U. S. 646, 13 Sup. Ct. 190, 36 L. Ed. 1119; Hamblin v. Western Land Co., 147 U. S. 531, 13 Sup. Ct. 353, 37 L. Ed. 267; Huntington v. Attrill, 146 U. S. 657, 13 Sup. Ct. 224, 36 L. Ed. 1123; Cook v. Hart, 146 U. S. 183, 13 Sup. Ct. 40, 36 L. Ed. 934; Southern Pac. Co. v. Denton, 146 U. S. 202, 13 Sup. Ot. 45, 36 L. Ed. 942; Roby v. Colehour, 146 U. S. 153, 13 Sup. Ct. 47, 36 L. Ed. 922; Root v. Woolworth, 150 U. S. 401, 14 Sup. Ct. 136, 37 L. Ed. 1123; Miller V. Anderson, 150 U. S. 132, 14 Sup. Ct. 52, 37 L. Ed. 1028; Wood v. Brady, 150 U. S. 18, 14 Sup. Ct. 6, 37 L, Ed. 981; McNulty v. California, 149 U. S. 645, 13 Sup. Ct. 959, 37 L. Ed. 882; Porter v. Sabin, 149 U. S. 473, 13 Sup. Ct. 1008, 37 L. Ed. 815; Loeber v. Schroeder, 149 U. S. 580, 13 Sup. Ct. 935, 37 L. Ed. 856; Byers v. McAuley, 149 U. S. 608, 13 Sup. Ct. 907, 37 L. Ed. 867; Ex parte Tyler, 149 U. S. 164, 13 Sup. Ct. 785, 37 L. Ed. 689; Bushnell & Crooke Mining & S. Co., 148 U. S. 682, 13 Sup. Ct. 771, 37 L. Ed. 610; Wolfe v. Hartford L. & A. Ins. Co., 148 U. S. 389, 13 Sup. Ct. 602, 37 L. Ed. 493; Bier v. McGehee, 148 U. S. 137, 13 Sup. Ct. 580, 37 L. Ed. 397; Hayes v. Pratt, 147 U. S. 557, 13 Sup. Ct. 503, 37 L. Ed. 279; Stanley v. Schwalby, 147 U. S. 508, 13 Sup. Ct. 418, 37 L. Ed. 259; Interstate Commerce Commission v. Brimson, 154 U. S. 447, 14 Sup. Ct. 1125, 38 L. Ed. 1047; Barron v. Burnside, 121 U. S. 186, 7 Sup. Ct. 931, 30 L. Ed. 915; Reagan v. Farmers' L. & T. Co., 154 U. S. 362, 14 Sup. Ct. 1047, 38 L. Ed. 1014; Northern Pac. R. Co. v. Patterson, 154 U. S. 130, 14 Sup. Ct. 977, 38 L. Ed. 934; Moran v. Sturges, 154 U. S. 256, 14 Sup. Ct. 1019, 38 L. Ed. 981; Leather Mfrs. Nat. Bank v. Cooper, 120 U. S. 778, 7 Sup. Ct. 777, 30 L. Ed. 816; Michigan v. Flint & P. M. R. Co., 152 U. S. 363, 14 Sup. Ct. 586, 38 L. Ed. 478; Johnson v. Chicago & P. Elevator Co., 119 U. S. 388, 7 Sup. Ct. 254, 30 L. Ed. 447; Germania Ins. Co. v. Wisconsin, 119 U. S. 473, 7 Sup. Ct. 260, 30 L. Ed. 461; Baltimore Traction Co. v. Baltimore Belt R. Co., 151 U. S. 137, 14 Sup. Ct. 294, 38 L. Ed. 102; Harden- bergh v. Ray, 151 U. S. 112, 14 Sup. Ct. 305, 38 L. Ed. 93; Texas & P. Ry. Co. v. Johnson, 151 U. S. 81, 14 Sup. Ct. 250, 38 L. Ed. 81; Belden v. Chase, 150 U. S. 674, 14 Sup. Ct. 264, 37 L. Ed. 1218; Fire Ass'n of Philadelphia v. New York, 119 U. S. 110, 7 Sup. Ct. 108, 30 L. Ed. 342; Martin v. Thompson, 120 U. S. 376, 7 Sup. Ct. 586, 30 L. Ed. 679; Endowment & B. Ass'n v. Kansas, 120 U. S. 103, 7 Sup. Ct. 499, 30 L. Ed. 593; Palmer v. Hussey, 119 U. S. 96, 7 Sup. Ct. 158, 30 L. Ed. 362; Ker v. Illinois, 119 U. S. 436, 7 Sup. Ct. 225, 30 L. Ed. 421; Mace v. Merrill, 119 U. S. 581, 7 Sup. Ct. 330, 30 L. Ed. 503; Chicago & A. R. Co. v. Wiggins Ferry Co., 119 U. S. 615, 7 Sup. Ct. 398, 30 L. Ed. 519; Crescent City Live Stock, etc., Co. v. Butchers' Union, etc., 120 U. S. 141, 7 Sup. Ct. 472, 30 L. Ed. 614; Eustis v. Bolles, 150 U. S. 361, 14 Sup. Ct. 131, 37 L. Ed. 1111; Northern Pac. R. Co. v. Holmes, 155 U. S. 137, 15 Sup. Ct. 28, 39 L. Ed. 99; Jackoway v. Denton, 154 U. S. 583, 14 Sup. Ct. 1169, 20 L. Ed. 645; Hagar v. California, 154 U. S. 639, 14 Sup. Ct. 1186, 24 L. Ed. 1044; Gage v. Carraher, 154 U. S. 656, 14 Sup. Ct. 1190, 25 L. Ed. 989; Bank of Montreal v. White, 154 U. S. 660, 14 Sup. Ct. 1191, 26 L. Ed. 307; Stuart v. City of Easton, 156 U. S. 46, 15 Sup. Ct. 268, 39 L. Ed. 341; In re Robertson, 156 U. S. 183, 15 Sup. Ct. 324, 39 L. Ed. 389; Cooper v. Newell, 155 U. S. 532, 15 Sup. Ct. 355, 39 L. Ed. 249; Massachusetts & S. Const. Co. v. Cane Creek Tp., 155 U. S. 283, 15 Sup. Ct. 91, 39 L. Ed. 152; Austin v. United States, 155 U. S. 167, 15 Sup. Ct. 167, 39 L. Ed. 206; Indiana v. Glover, 155 U. S. 513, 15 Sup. Ct. 186, 39 L. Ed. 243; In re Sawyer, 124 U. S. 200, 8 Sup. Ct. 482, 31 L. Ed. 402; State of New York v. Eno, 155 U. S. 89, 15 Sup. Ct. 30, 39 L. Ed. 80; Maricopa & P. R. Co. v. Arizona, 156 U. S. 347, 15 Sup. Ct. 391, 39 L. Ed. 447; Brown v. Massachusetts, 144 U. S. 573, 12 Sup. Ct. 757, 36 L. Ed. 546; Adams v. Board of Liquidation, Art. 3, § 2) lxxxvii CONSTITUTION OF THE UNITED STATES—1787. 144 U. S. 651, 12 Sup. Ct. 756, 36 L. Ed. 578; Sage v. Board of Liquida- tion, 144 U. S. 647, 12 Sup. Ct. 755, 36 L. Ed. 577; Dodge v. Tulleys, 144 U. S. 451, 12 Sup. Ct. 728, 36 L. Ed. 501; Northern Pac. R. Co. v. Ellis, 144 U. S. 458, 12 Sup. Ct. 724, 36 L. Ed. 504; Tripp v. Santa Rosa St. R. Co., 144 U. S. 126, 12 Sup. Ct. 655, 36 L. Ed. 371; Gordon v. Third Nat. Bank of Chattanooga, 144 U. S. 97, 12 Sup. Ct. 657, 36 L. Ed. 360; O'Neil v. Vermont, 144 U. S. 323, 12 Sup. Ct. 693, 36 L. Ed. 450; Winona & St. P. R. Co. y. Town of Plainview, 143 U. S. 371, 12 Sup. Ct. 530, 36 L. Ed. 191; Southern Kansas Ry. Co. v. Briscoe, 144 U. S. 133, 12 Sup. Ct. 538, 36 L. Ed. 377; Swafford v. Templeton, 185 U. S. 487, 22 Sup. Ct. 783, 46 L. Ed. —; New Orleans Waterworks Co. v. Louisiana, 185 U. S. 336, 22 Sup. Ct. 691, 46 L. Ed. -; Kansas v. Colorado, 185 U. S. 125, 22 Sup. Ct. 552, 46 L. Ed. -; Filhiol v. Maurice, 185 U. S. 108, 22 Sup. Ct. 560, 46 L. Ed. —; - French-Glenn Live Stock Co. v. Springer, 185 U. S. 47, 22 Sup. Ct. 563, 46 L. Ed. --; Erie Railroad v. Purdy, 185 U. S. 148, 22 Sup. Ct. 605, 46 L. Ed. Talbot v. First Nat. Bank, 185 U. S. 172, 22 Sup. Ct. 612, 46 L. Ed. - Kohl v. Lehlback, 160 U. S. 293, 16 Sup. Ct. 305, 40 L. Ed. 432; Lehigh Min. & Mfg. Co. v. Kelly, 160 U. S. 327, 16 Sup. Ct. 309, 40 L. Ed. 444; Bartlett v. Lockwood, 160 U. S. 357, 16 Sup. Ct. 334, 40 L. Ed. 455; Wisconsin v. Pelican Ins. Co., 127 U. S. 265, 8 Sup. Ct. 1370, 32 L. Ed. 239; Gillis v. Stinchfield, 159 U. S. 658, 16 Sup. Ct. 131, 40 L. Ed. 295; Rutland R. Co. v. Central Ver. R. Co., 159 U. S. 630, 16 Sup. Ct. 113, 40 L. Ed. 284; Grand Rapids & I. R. Co. v. Butler, 159 U. S. 87, 15 Sup. Ct. 991, 40 L. Ed. 85; Sayward v. Denny, 158 U. S. 180, 15 Sup. Ct. 777, 39 L. Ed. 941; C. A. Treat Mfg. Co. v. Standard S. & I. Co., 157 U. S. 674, 15 Sup. Ct. 718, 39 L. Ed. 853; Bergemann v. Backer, 157 U. S. 655, 15 Sup. Ct. 727, 39 L. Ed. 845; Johnson v. Christian, 125 U. S. 642, 8 Sup. Ct. 1135, 31 L. Ed. 820; United States v. Louisiana, 123 U. S. 32, 8 Sup. Ct. 17, 31 L. Ed. 69; Ex parte Spies (Anarchists' Case), 123 U. S. 31, 8 Sup. Ct. 21, 22, 31 L. Ed. 80; Brooks v. Missouri, 124 U. S. 394, 8 Sup. Ct. 443, 31 L. Ed. 454; Phillips v. Mound City L. & W. Ass'n, 124 U. S. 605, 8 Sup. Ct. 657, 31 L. Ed. 588; New Orleans Waterworks Co. v. Louisiana S. R. Co., 125 U. S. 18, 8 Sup. Ct. 741, 31 L. Ed. 607; De Saussure v. Gaillard, 127 U. S. 216, 8 Sup. Ct. 1053, 32 L. Ed. 125; Wailes v. Smith, 157 U. S. 271, 15 Sup. Ct. 624, 39 L. Ed. 698; Win- ter v. City Council of Montgomery, 156 U. S. 385, 15 Sup. Ct. 649, 39 L. Ed. 460; Bardon v. Land & River Imp. Co., 157 U. S. 327, 15 Sup. Ct. 651, 39 L. Ed. 719; Crawford v. Neal, 144 U. S. 585, 12 Sup. Ct. 759, 36 L. Ed. 552. 2 In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before men- tioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. Chisholm v. Georgia, 2 Dall. 419, 1 L. Ed. 440; Wiscart v. Dauchy, 3 Dall. 321, 1 L. Ed. 619; Marbury v. Madison, 1 Cranch, 137, 2 L. Ed. 60; Durousseau v. United States, 6 Cranch, 307, 3 L. Ed. 232; Martin v. Hunter's Lessee, 1 Wheat. 304, 4 L. Ed. 97; Cohens v. Vir- ginia, 6 Wheat. 264, 5 L. Ed. 257; Ex parte Kearney, 7 Wheat. 38, 5 L. Ed. 391; Wayman v. Southard, 10 Wheat. 1, 6 L. Ed. 253; Bank of the United States v. Halstead, 10 Wheat, 51, 6 L. Ed. 264; United States v. Ortega, 11 Wheat. 467, 6 L. Ed. 521; Cherokee Nation v. State of Gecrgia, 5 Pet. 1, 8 L. Ed. 25; Ex parte Crane, 5 Pet. 190, 8 L. Ed. 92; State of New Jersey v. State of New York, 5 Pet. 284, 8 L. Ed. 127; Ex parte Sibbald v. United States, 12 Pet. 488, 9 L. Ed. 1167; State of Rhode Island y. State of Massachusetts, 12 Pet. 657, 9 L. Ed. 1233; State of Pennsylvania v. Wheeling, etc., Bridge Co., 13 How. 518, 14 L. Ed. 249; In re Kaine, 14 How. 103, 14 L. Ed. 345; Able- lxxxviii CONSTITUTION OF THE UNITED STATES-1787. (Art. 3, § 2 man v. Booth and United States v. Booth, 21 How. 506, 16 L. Ed. 169; Freeborn v. Smith, 2 Wall. 160, 17 L. Ed. 922; Ex parte McCardle, 6 Wall. 318, 18 L. Ed. 816; Ex parte McCardle, 7 Wall. 506, 19 L. Ed. 264; Ex parte Yerger, 8 Wall. 85, 19 L. Ed. 332; The Lucy, 8 Wall. 307, 19 L. Ed. 394; Justices v. Murray, 9 Wall. 274, 19 L. Ed. 658: Pennsylvania v. Quicksilver Co., 10 Wall, 553, 19 L. Ed. 998; Murdock v. City of Memphis, 20 Wall. 590, 22 L. Ed. 429; Minnesota v. Hitch- cock, 185 U. S. 373, 22 Sup. Ct. 650, 46 L. Ed. --; California v. Southern Pac. Co., 157 U. S. 229, 15 Sup. Ct. 591, 39 L. Ed. 683; United States v. Texas, 143 U. S. 621, 12 Sup. Ct. 488, 36 L. Ed. 285; Louisi- ana v. Texas, 176 U: S. 1, 20 Sup. Ct. 251, 44 L. Ed. 347. 1 8 The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. Ex parte Milligan, 4 Wall. 2, 18 L. Ed. 281; Nashville, C. & St. L. Ry. Co. v. Alabama, 128 U. S. 96, 9 Sup. Ct. 28, 32 L. Ed. 352; Callan v. Wilson, 127 U. S. 540, 8 Sup. Ct. 1301, 32 L. Ed. 223; Horner v. United States, 143 U. S. 207, 12 Sup. Ct. 407, 36 L. Ed. 126; Palliser v. United States, 136 U. S. 257, 10 Sup. Ct. 1034, 34 L. Ed. 514; Thompson v. Utah, 170 U. S. 343, 18 Sup. Ct. 620, 42 L. Ed. 1061. Section. 3. 1 Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. United States v. Insurgents, 2 Dall. 335, 1 L. Ed. 404, Fed. Cas. No. 15,443; United States v. Mitchell, 2 Dall. 348, 1 L. Ed. 410, Fed. Cas. No. 15,788; Ex parte Bollman and Swartwout, 4 Cranch, 75, 2 , L. Ed. 554; United States v. Aaron Burr, 4 Cranch, 469, 2 L. Ed. 469; Ficklen v. Taxing District, 145 U. S. 1, 12 Sup. Ct. 810, 36 L. Ed. 601. 2 The Congress shall have Power to declare the Punishment of Trea- son, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted. Bigelow v. Forrest, 9 Wall. 339, 19 L. Ed. 696; Day v. Micou, 18 Wall. 156, 21 L. Ed. 860; Ex parte Lange, 18 Wall. 163, 21 L. Ed. 872; Wallach v. Van Riswick, 92 U. S. 202, 23 L. Ed. 473. ARTICLE IV. Section. 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by_general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. Mills v. Duryee, 7 Oranch, 481, 3 L. Ed. 411; Hampton v. McCon- nel, 3 Wheat. 234, 4 L. Ed. 378; Mayhew v. Thatcher, 6 Wheat. 129, 5 L. Ed. 223; Darby's Lessee v. Mayer, 10 Wheat. 465, 6 L. Ed. 367; United States v. Amedy, 11 Wheat. 392, 6 L. Ed. 502; Caldwell v. Carrington's Heirs, 9 Pet. 96, 9 L. Ed. 60; McElmoyle v. Cohen, 13 Pet. 312, 10 L. Ed. 177; Bank of Augusta v. Earle, 13 Pet. 519, 10 L. Ed. 274; Bank of the State of Alabama v. Dalton, 9 How. 522, 13 L. Ed. 242; D'Arcy v. Ketchum, 11 How. 165, 13 L. Ed. 648; Christmas v. Russell, 5 Wall. 290, 18 L. Ed. 475; Green v. Van Buskirk, 7 Wall. 139, 19 L. Ed. 109; Paul v. Virginia, 8 Wall. 168, 19 L. Ed. 357; Board Art. 4, § 2) Ixxxix CONSTITUTION OF THE UNITED STATES—1787. of Public Works v. Columbia College, 17 Wall. 521, 21 L. Ed. 687; Thompson v. Whitman, 18 Wall. 457, 21 L. Ed. 897; Grover & Baker Sewing Mach. Co. v. Radcliffe, 137 U. S. 287, 11 Sup. Ct. 92, 34 L. Ed. 670; Johnson v. Powers, 139 U. S. 156, 11 Sup. Ct. 525, 35 L. Ed. 112; Reynolds v. Stockston, 140 U. S. 254, 11 Sup. Ct. 773, 35 L. Ed. 464; Embry v. Palmer, 107 U. S. 3, 2 Sup. Ct. 25, 27 L. Ed. 346; Ban- holzer v. New York Life Ins. Co., 178 U. S. 402, 20 Sup. Ct. 972, 44 L. Ed. 1124; Chicago & A. R. Co. v. Wiggins Ferry Co., 119 U. S. 615, 7 Sup. Ct. 398, 30 L. Ed. 519; Jacobs v. Marks, 182 U. S. 583, 21 Sup. Ct. 865, 45 L. Ed. 1241; Hanley v. Donoghue, 116 U. S. 1, 6 Sup. Ct. 242, 29 L. Ed. 535; Huntington v. Attrill, 146 U. S. 657, 13 Sup. Ct. 224, 36 L. Ed. 1123; Glenn v. Garth, 147 U. S. 360, 13 Sup. Ct. 350, 37 L. Ed. 203; Renaud v. Abbott, 116 U. S. 277, 6 Sup. Ct. 1194, 29 L. Ed. 629; Lloyd v. Matthews, 155 U. S. 222, 15 Sup. Ct. 70, 39 L. Ed. 128; Cole v. Cunningham, 133 U. S. 107, 10 Sup. Ct. 269, 33 L. Ed. 538; Blount v. Walker, 134 U. S. 607, 10 Sup. Ct. 607. 33 L. Ed. 1036; Great Western Tel. Co. v. Purdy, 162 U. S. 329, 16 Sup. Ct. 810, 40 L. Ed. 986; Wisconsin v. Pelican Ins. Co., 127 U. S. 265, 8 Sup. Ct. 1370, 32 L. Ed. 239. Section. 2. 1 The Citizens of each State shall be entitled to all Priv- ileges and Immunities of Citizens in the several States. Bank of United States v. Deveaux, 5 Cranch, 61, 3 L. Ed. 38; Gassies V. Ballon, 6 Pet. 761, 8 L. Ed. 573; State of Rhode Island v. Com- monwealth of Massachusetts, 12 Pet. 657, 9 L. Ed. 1233; Bank of Augusta v. Earle, 13 Pet. 519, 10 L. Ed. 274; Moore v. People of the State of Illinois, 14 How. 13, 14 L. Ed. 306; Conner v. Elliott, 18 How. 591, 15 L. Ed. 497; Dred Scott v. Sanford, 19 How. 393, 15 L. Ed. 691; Crandall v. State of Nevada, 6 Wall. 35, 18 L. Ed. 744, 745; Woodruff v. Parham, 8 Wall. 123, 19 L. Ed. 382; Paul v. Virginia, 8 Wall. 168, 19 L. Ed. 357; Downham v. Alexandria Council, 10 Wall. 173, 19 L. Ed. 929; Liverpool Insurance Co. v. Massachusetts, 10 Wall. 566, 19 L. Ed. 1029; Ward v. Maryland, 12 Wall. 418, 20 L. Ed. 449; Slaughterhouse Cases, 16 Wall. 36, 21 L. Ed. 394; Bradwell v. State, 16 Wall. 130, 21 L. Ed. 442; Chemung Bank v. Lowery, 93 U. S. 72, 23 L. Ed. 806; McCready v. Virginia, 94 U. S. 391, 24 L. Ed. 248; McKane v. Durston, 153 U. S. 684, 14 Sup. Ct. 913, 38 L. Ed. 867; Pembina C. S. M. & M. Co. v. Pennsylvania, 125 U. S. 181, 8 Sup. Ct. 737, 31 L. Ed. 650; Travelers' Ins. Co. v. Connecticut, 185 U. S. 364, 22 Sup. Ct. 673, 46 L. Ed. --; Coe v. Town of Errol, 116 U. S. 517, 6 Sup. Ct. 475, 29 L. Ed. 715; Ames v. Kansas, 111 U. S. 449, 4 Sup. Ct. 437, 28 L. Ed. 482; Boyd y. Nebraska, 143 U. S. 135, 12 Sup. Ct. 381, 36 L. Ed. 103; Williams v. Fears, 179 U. S. 270, 21 Sup. Ct. 128, 45 L. Ed. 186; United States v. Harris, 106 U. S. 629, 1 Sup. Ct. 601, 27 L. Ed. 290; Blake v. McClung, 176 U. S. 59, 20 Sup. Ct. 307, 44 L. Ed. 371; Blake v. McClung, 172 U. S. 239, 19 Sup. Ct. 165, 43 L. Ed. 432; Minnesota v. Barber, 136 U. S. 313, 10 Sup. Ct. 862, 34 L. Ed. 455; Norfolk & W. R. Co. v. Pennsylvania, 136 U. S. 114, 10 Sup. Ct. 958. 34 L. Ed. 394; Cole v. Cunningham, 133 U. S. 107, 10 Sup. Ct. 269, 33 L, Ed. 538. A person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fied, be delivered up to be removed to the State having Jurisdiction of the Crime. Holmes v. Jennison, 14 Pet. 540, 10 L. Ed. 579, 618; Commonwealth of Kentucky v. Dennison, Governor, 24 How. 66, 16 L. Ed. 717; Tay- lor v. Taintor, 16 Wall. 366, 21 L. Ed. 287; Mahon v. Justice, 127 U. S. 700, 8 Sup. Ct. 1204, 32 L. Ed. 283; Ex parte Reggel, 114 U. S. 642, 5 Sup. Ct. 1148, 29 L. Ed. 250; Roberts v. Reilly, 116 U. S. 80, 6 Sup. Ct. 291, 29 L. Ed. 544. 2 XC CONSTITUTION OF THE UNITED STATES—1787. (Art. 4, § 2 3 No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. Prigg v. Commonwealth of Pennsylvania, 16 Pet. 539, 10 L. Ed. 1060; Jones v. Van Zandt, 5 How. 215, 12 L. Ed. 122; Strader v. Graham, 10 How. 82, 13 L. Ed. 337; Moore v. People of the State of Illinois, 14 How. 13, 14 L. Ed. 306; Dred Scott v. Sanford, 19 How. 393, 15 L. Ed. 691; Ableman v. Booth and United States v. Booth, 21 How. 506, 16 L. Ed. 169. Section. 3. 1 New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Juris- diction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. American Ins. Co. v. Canter (356 Bales of Cotton), 1 Pet. 511, 7 L. Ed. 242; Pollard's Lessee v. Hagan, 3 How. 212, 11 L. Ed. 565; Cross v. Harrison, 16 How. 164, 14 L. Ed. 889. 2 The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. McCulloch v. State of Maryland, 4 Wheat. 316, 4 L. Ed. 579; Amer- ican Insurance Co. v. Canter, 1 Pet. 511, 7 L. Ed. 242; United States v. Gratiot, 14 Pet. 526, 10 L. Ed. 573; United States v. Rogers, 4 How. 567, 11 L. Ed. 1105; Cross v. Harrison, 16 How. 164, 14 L. Ed. 889; Mackey v. Cox, 18 How. 100, 15 L. Ed. 299; Gibson v. Chouteau, 13 Wall. 92, 20 L. Ed. 534; Clinton v. Englebrecht, 13 Wall. 434, 20 L. Ed. 659; Beall v. New Mexico, 16 Wall. 535, 21 L. Ed. 292; United States v. Coe, 155 U. S. 76, 15 Sup. Ct. 16, 39 L. Ed. 76; United States v. Maxwell L. G. Co., 121 U. S. 325, 7 Sup. Ct. 1015, 30 L. Ed. 949; United States v. Kagama, 118 U. S. 375, 6 Sup. Ct. 1109, 30 L. Ed. 228; Van Brocklin v. Anderson, 117 U. S. 151, 6 Sup. Ct. 670, 29 L. Ed. 845; Late Corporation Church Jesus Christ v. United States, 136 U. S. 1, 10 Sup. Ct. 792, 34 L. Ed. 481; United States v. Amer- ican Bell Tel. Co., 128 U. S. 315, 9 Sup. Ct. 90, 32 L. Ed. 450. Section 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence. Luther v. Borden, 7 How. 1, 12 L. Ed. 581; Texas v. White, 7 Wall. 700, 19 L. Ed. 227; Taylor v. Beckham, 178 U. S. 548, 20 Sup. Ct. 890, 44 L. Ed. 1187. ARTICLE V. The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, Art. 7) xoi CONSTITUTION OF THE UNITED STATES—1787. shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. ARTICLE LE VI. 1 All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. 2 This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the su- preme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. Hayburn's Case, 2 Dall. 409, 1 L. Ed. 436; Ware v. Hylton, 3 Dall. 199, 1 L. Ed. 568; Calder v. Bull, 3 Dall. 386, 1 L. Ed. 648; Mar- bury v. Madison, 1 Cranch, 137, 2 L. Ed. 60; Chirac v. Chirac, 2 Wheat. 259, 4 L. Ed. 234; McCulloch v. State of Maryland, 4 Wheat. 316, 4 L. Ed. 579; Society y. New Haven, 8 Wheat. 464, 5 L. Ed. 662; Gibbons v. Ogden, 9 Wheat. 1, 6 L. Ed. 23; Foster & Elam v. Neilson, 2 Pet. 253, 7 L. Ed. 415; Buckner v. Finley, 2 Pet. 586, 7 L. Ed. 528; Worcester v. State of Georgia, 6 Pet. 515, 8 L. Ed. 483; Kennett v. Chambers, 14 How. 38, 14 L. Ed. 316; Dodge v. Woolsey, 18 How. 331, 15 L. Ed. 401; State of New York v. Dibble, 21 How. 366, 16 L. Ed. 149; Ableman v. Booth and United States v. Booth, 21 How. 506, 16 L. Ed. 169; Sinnot v. Davenport, 22 How. 227, 16 L. Ed. 243; Fos- ter v. Davenport, 22 How. 244, 16 L. Ed. 248; Haver v. Yaker, 9 Wall. 32, 19 L. Ed. 571; United States v. Kagama, 118 U. S. 375, 6 Sup. Ct. 1109, 30 L. Ed. 228; Van Brocklin v. Anderson, 117 U. S. 151, 6 Sup. Ct. 670, 29 L. Ed. 845; Edye v. Robertson, 112 U. S. 580, 5 Sup. Ct. 247, 28 L. Ed. 798. 3 The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judi- cial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. Ex parte Garland, 4 Wall. 333, 18 L. Ed. 366. ARTICLE VII. The Ratification of the Conventions of nine States, shall be suffi- cient for the Establishment of this Constitution between the States so ratifying the Same. Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven, and of the Independ- xcii CONSTITUTION OF THE UNITED STATES— 1787. ance of the United States of America the Twelfth IN WITNESS whereof We have hereunto subscribed our Names, Gº: WASHINGTON- Presidt. and Deputy from Virginia New Hampshire. JOHN LANGDON NICHOLAS GILMAN Massachusetts. NATHANIEL GORHAM RUFUS KING Connecticut. ROGER SHERMAN WM. SAML, JOHNSON New York. ALEXANDER HAMILTON WIL: LIVINGSTON DAVID BREARLEY New Jersey. WM. PATERSON JONA: DAYTON Pennsylvania. B. FRANKLIN THOS. FITZSIMONS THOMAS MIFFLIN JARED INGERSOLL ROBT. MORRIS JAMES WILSON GEO. CLYMER GOUV MORRIS Delaware. GEO: READ RICHARD BASSETT GUNNING BEDFORD Jun JACO: BROOM JOHN DICKINSON Maryland. JAMES MCHENRY DANL. CARROLL DAN OF ST THOS JENIFER Virginia. JOHN BLAIR- JAMES MADISON Jr. North Carolina. WM. BLOUNT HU WILLIAMSON. RICHD. DOBBS SPAIGHT South Carolina. J. RUTLEDGE, CHARLES PINCKNEY CHARLES COTESWORTH PIERCE BUTLER. PINCKNEY Georgia. WILLIAM FEW ABR BALDWIN Attest WILLIAM JACKSON Secretary Am., Art. 4) xciii CONSTITUTION OF THE UNITED STATES—1787. ARTICLES IN ADDITION TO, AND AMENDMENT OF THE CONSTI. TUTION OF THE UNITED STATES OF AMERICA, PROPOSED BY CONGRESS, AND RATIFIED BY THE LEGISLATURES OF THE SEVERAL STATES PURSUANT TO THE FIFTH ARTICLE OF THE ORIGINAL CONSTITUTION. [ARTICLE I.] * Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assem- ble, and to petition the Government for a redress of grievances. Terrett v. Taylor, 9 Cranch, 43, 3 L. Ed. 650; Vidal v. Girard, 2 How. 127, 11 L. Ed. 205; Ex parte Garland, 4 Wall. 333, 18 L. Ed. 366; United States v. Cruikshank, 92 U. S. 542, 23 L.Ed. 588; Rob- ertson v. Baldwin, 165 U. S. 275, 17 Sup. Ct. 326, 41 L. Ed. 715; Brown v. New Jersey, 175 U. S. 172, 20 Sup. Ct. 77, 44 L. Ed. 119; Bradfield v. Roberts, 175 U. S. 291, 20 Sup. Ct. 121, 44 L. Ed. 168; Ex parte Dupre, 143 U. S. 110, 12 Sup. Ct. 374, 36 L. Ed. 93; Horner v. United States, 143 U. S. 207, 12 Sup. Ct. 407, 36 L. Ed. 126; Davis v. Beason, 133 U. S. 333, 10 Sup. Ct. 299, 33 L. Ed. 637. [ARTICLE II.] A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be in- fringed. Presser v. Illinois, 116 U. S. 252, 6 Sup. Ct. 580, 29 L. Ed. 615; Mil- ler v Texas, 153 U. S. 535, 14 Sup. Ct. 874, 38 L, Ed. 812; Brown v. New Jersey, 175 U. S. 172, 20 Sup. Ct. 77, 44 L. Ed. 119; Robertson v. Baldwin, 165 U. S. 275, 17 Sup. Ct. 326, 41 L. Ed. 715. [ARTICLE III.] No Soldier shall, in time of peace be quartered in any house, with- out the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. Brown v. New Jersey, 175 U. S. 172, 20 Sup. Ct. 77, 44 L. Ed. 119. [ARTICLE IV.] The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, sha not be violated, and no Warrants shall issue, but upon probable cause, sup- *The first ten amendments to the Constitution of the United States were pro- posed to the legislatures of the several States by the First Congress, on the 25th of September, 1789. They were ratified by the following States, and the notifi- cations of ratification by the governors thereof were successively communicated by the President to Congress: New Jersey, November 20, 1789; Maryland, Decem- ber 19, 1789; North Carolina, December 22, 1789; South Carolina, January 19, 1790; New Hampshire, January 25, 1790; Delaware, January 28, 1790; Penn- sylvania, March 10, 1790; New York, March 27, 1790; Rhode Island, June 15, 1790; Vermont, November 3, 1791, and Virginia, December 15, 1791. There is no evidence on the journals of Congress that the legislatures of Connecticut, Geor- gia, and Massachusetts ratified them. xciy CONSTITUTION OF THE UNITED STATES—1787. (Am., Art. 4 ported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Smith v. State of Maryland, 18 How. 71, 15 L. Ed. 269; Murray's Lessee v. Hoboken Land and Improvement Co., 18 How. 272, 15 L. Ed. 372; Ex parte Milligan, 4 Wall. 2, 18 L. Ed. 281; In re Chapman, 166 U. S. 661, 17 Sup. Ct. 676, 41 L. Ed. 1154; Brown v. Walker, 161 U. S. 591, 16 Sup. Ct. 644, 40 L. Ed. 819; Robertson v. Baldwin, 165 U. S. 275, 17 Sup. Ct. 326, 41 L. Ed. 715; Brown v. New Jersey, 175 U. S. 172, 20 Sup. Ct. 77, 44 L. Ed. 119; Boyd v. United States, 116 U. S. 616, 6 Sup. Ct. 524, 29 L. Ed. 746; Miller v. Texas, 153 U. S. 535, 14 Sup. Ct. 873, 38 L. Ed. 812; Fong Yue Ting v. United States, 149 U. S. 698, 13 Sup. Ct. 1016, 37 L. Ed. 905. [ARTICLE V.] No person shall be held to answer for a capital, or otherwise in- famous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any Criminal Case to be a wit- ness against himself, nor be deprived of life, liberty, or property, with- out due process of law; nor shall private property be taken for public uise, without just compensation. United States v. Perez, 9 Wheat. 579, 6 L. Ed. 165; Barron v. City of Baltimore, 7 Pet. 243, 8 L. Ed. 672; Fox v. Ohio, 5 How. 410, 12 L. Ed. 213; West River Bridge Co. v. Dix, 6 How. 507, 12 L. Ed. 535; Mitchell v. Harmony, 13 How. 115, 14 L. Ed. 75; Moore v. People of the State of Illinois, 14 How. 13, 14 L. Ed. 306; Murray's Lessee v. Hoboken Land & Improvement Co., 18 How. 272, 15 L. Ed. 372; Dynes v. Hoover, 20 How. 625, 15 L. Ed. 838; Withers v. Buckley, 20 How. 84, 15 L. Ed. 816; Gilman v. City of Sheboygan, 2 Black, 510, 17 L. Ed. 305; Ex parte Milligan, 4 Wall. 2, 18 L. Ed. 281; Twitchell v. Commonwealth, 7 Wall. 321, 19 L. Ed. 223; Hepburn v. Griswold, 8 Wall. 603, 19 L. Ed. 513; Miller y. United States, 11 Wall. 268, 20 L. Ed. 135; Legal Tender Cases, 12 Wall. 457, 20 L. Ed. 287; Pum- pelly v. Green Bay Co., 13 Wall. 166, 20 L. Ed. 557; Osborn v. Nicho- son, 13 Wall. 654, 20 L. Ed. 689; Ex parte Lange, 18 Wall. 163, 21 L. Ed. 872; Kohl v. United States, 91 U. S. 367, 23 L. Ed. 449; Ox- ley Stave Co. v. Butler County, 166 U. S. 648, 17 Sup. Ct. 709, 41 L. Ed. 1149; Bauman v. Ross, 167 U. S. 548, 17 Sup. Ct. 967, 42 L. Ed. 270; Brown v. Walker, 161 U. S. 591, 16 Sup. Ct. 644, 40 L. Ed. 819; United States v. Joint Trafic Ass'n, 171 U. S. 505, 19 Sup. Ct. 25, 43 L. Ed. 259; Robertson v. Baldwin, 165 U. S. 275, 17 Sup. Ct. 326, 41 L. Ed. 715; Gibson v. United States, 166 U. S. 269, 17 Sup. Ct. 578, 41 L. Ed. 996; Brown v. New Jersey, 175 U. S. 172, 20 Sup. Ct. 77, 44 L. Ed. 119; United States v. Lee, 106 U. S. 196, 1 Sup. Ct. 240, 27 L. Ed. 171; Ross v. McIntyre, 140 U. S. 453, 11 Sup. Ct. 897, 35 L. Ed. 581; Simmons v. United States, 142 U. S. 148, 12 Sup. Ct. 171, 35 L. Ed. 968; Kaukauna Water Power Co. v. Green Bay & M. Canal Co., 142 U. S. 254, 12 Sup. Ct. 173, 35 L. Ed. 1004; Counselman v. Hitchcock, 142 U. S. 547, 12 Sup. Ct. 195, 35 L. Ed. 1110; United States v. Waddell, 112 U. S. 76, 5 Sup. Ct. 35, 28 L. Ed. 673; Ex parte Wilson, 114 U. S. 477, 5 Sup. Ct. 935, 29 L. Ed. 89; Ex parte Bigelow, 113 U. S. 328, 5 Sup. Ct. 542, 28 L. Ed. 1005; Talton v. Mayes, 163 U. S. 376, 16 Sup. Ct. 987, 41 L. Ed. 196; Wong Wing v. United States, 163 U. S. 228, 16 Sup. Ct. 977, 41 L. Ed. 140; United States v. Great Falls Mfg. Co., 112 U. S. 645, 5 Sup. Ct. 306, 28 L. Ed. 846; Mackin v. United States, 117 U. S. 348, 6 Sup. Ct. 777, 29 L. Ed. 909; Boyd v. United States, 116 U. S. 616, 6 Sup. Ct. 524, 29 Am., Art. 6) XCV CONSTITUTION OF THE UNITED STATES—1787. L. Ed. 746; Ex parte Bain, 121 U. S. 1, 7 Sup. Ct. 781, 30 L. Ed. 849; Parkinson v. United States, 121 U. S. 281, 7 Sup. Ct. 896, 30 L. Ed. 959; Ex parte Spies (Anarchists' Case), 123 U. S. 131, 8 Sup. Ct. 22, 31 L. Ed. 80; United States v. De Walt, 128 U. S. 393, 9 Sup. Ct. 111, 32 L. Ed. 485; Logan v. United States, 144 U. S. 263, 12 Sup. Ct. 617, 36 L. Ed. 429; Eilenbecker v. District Court of Plymouth County, 134 U. S. 31, 10 Sup. Ct. 424, 33 L. Ed. 801; Dable Grain Shovel Co. v. Flint, 137 U. S. 41, 11 Sup. Ct. 8, 34 L. Ed. 618; Noble v. Union River Logging R. Co., 147 U. S. 165, 13 Sup. Ct. 271, 37 L. Ed. 123; Shoemaker v. United States, 147 U. S. 282, 13 Sup. Ct. 361, 37 L. Ed. 170; Monongahela Nav. Co. v. United States, 148 U. S. 312, 13 Sup. Ct. 622, 37 L. Ed. 463; Fong Yue Ting v. United States, 149 U. S. 698, 13 Sup. Ct. 1016, 37 L. Ed. 905; Lees v. United States, 150 U. S. 476, 14 Sup. Ct. 163, 37 L. Ed. 1150; Bolln y. Nebraska, 176 U. S. 83, 20 Sup. Ct. 287, 44 L. Ed. 382; Schillinger v. United States, 155 U. S. 163, 15 Sup. Ct. 85, 39 L. Ed. 108; Interstate Com- merce Commission v. Brimson, 154 U. S. 447, 14 Sup. Ct. 1125, 38 L. Ed. 1047; St. Louis, C. G. & Ft. S. Ry. Co. v. Missouri, 156 U. S. 478, 15 Sup. Ct. 443, 39 L. Ed. 502, Chapin v. Fye, 179 U. S. 127, 21 Sup. Ct. 71, 45 L. Ed. 119; Scranton v. Wheeler, 179 U. S. 141, 21 Sup. Ct. 48, 45 L. Ed. 126; Carter v. McClaughry, 183 U. S. 365, 22 Sup. Ct. 181, 46 L. Ed. 236. [ARTICLE VI.] In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining Witnesses in his favor, and to have the Assistance of Counsel for his defence. United States v. Coolidge, 1 Wheat. 415, 4 L. Ed. 124; Ex parte Kearney, 7 Wheat. 38, 5 L. Ed. 391; United States v. Mills, 7 Pet. 142, 8 L. Ed. 636; Barron v. City of Baltimore, 7 Pet. 243, 8 L. Ed. 672; Fox v. Ohio, 5 How. 410, 12 L. Ed. 213; Withers v. Buckley, 20 How. 84, 15 L. Ed. 816; Ex parte Milligan, 4 Wall. 2, 18 L. Ed. 281; Twitchell v. Commonwealth, 7 Wall. 321, 19 L. Ed. 223; Miller v. United States, 11 Wall. 268, 20 L. Ed. 135; United States v. Cook, 17 Wall. 168, 21 L. Ed. 538; United States v. Cruikshank, 92 U. S. 542, 23 L. Ed. 588; United States v. Zucker, 161 U. S. 475, 16 Sup. Ct. 641, 40 L. Ed. 777; Thompson v. Utah, 170 U. S. 343, 18 Sup. Ct. 620, 42 L. Ed. 1061; Andersen v. Treat, 172 U. S. 24, 19 Sup. Ct. 67, 43 L. Ed. 351; Robertson v. Baldwin, 165 U. S. 275, 17 Sup. Ct. 326, 41 L. Ed. 715; Kirby v. United States, 174 U. S. 47, 19 Sup. Ct. 574, 43 L. Ed. 890; In re De Voe Mfg. Co., 108 U. S. 401, 2 Sup. Ct. 894, 27 L. Ed. 764; Brown v. New Jersey, 175 U. S. 172, 20 Sup. Ct. 77, 44 L. Ed. 119; Ross v. McIntyre, 140 U. S. 453, 11 Sup. Ct. 897, 35 L. Ed. 581; Wong Wing v. United States, 163 U. S. 228, 16 Sup. Ct. 977, 41 L. Ed. 140; Ex parte Spies (The Anarchists' Case), 123 U. S. 131, 8 Sup. Ct. 22, 31 L. Ed. 80; Horner v. United States, 143 U. S. 207, 12 Sup. Ct. 407, 36 L. Ed. 126; Neely v. Henkel, 180 U. S. 109, 21 Sup. Ct. 302, 45 L. Ed. 448; Eilenbecker v. District Court of Plymouth County, 134 U. S. 31, 10 Sup. Ct. 424, 33 L. Ed. 801; Jones v. United States, 137 U. S. 202, 11 Sup. Ct. 80, 34 L. Ed. 691; Unit- ed States v. Van Duzer, 140 U. S. 169, 11 Sup. Ct. 758, 35 L. Ed. 399; Passavant v. United States, 148 U. S. 214, 13 Sup. Ct. 572, 37 L. Ed. 426; Fong Yue Ting v. United States, 149 U. S. 698, 13 Sup. Ct. 1016, 37 L. Ed. 905; Motes v. United States, 178 U. S. 458, 20 Sup. Ct. 993, 44 L. Ed. 1150; Goldsby v. United States, 160 U. S. 70, 16 Sup. Ct. 216, 40 L. Ed. 343. xcvi CONSTITUTION OF THE UNITED STATES—1787. (Am., Art. 7 [ARTICLE VII.] In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. United States v. La Vengeance, 3 Dall. 297, 1 L. Ed. 610; Bank of Columbia v. Okely, 4 Wheat. 235, 4 L. Ed. 559; Parsons v. Bedford, 3 Pet. 433, 7 L. Ed. 732; Lessee of Livingston v. Moore, 7 Pet. 469, 8 L, Ed. 751; Webster v. Reid, 11 How. 437, 13 L. Ed. 761; State of Pennsylvania v. Wheeler, etc., Bridge Co., 13 How. 518, 14 L. Ed. 249; Justices v. Murray, 9 Wall. 274, 19 L. Ed. 658; Edwards v. El- liott, 21 Wall. 532, 22 L. Ed. 487; American Pub. Co. v. Fisher, 166 U. S. 464, 17 Sup. Ct. 618, 41 L. Ed. 1079; Springville City v. Thomas, 166 U. S. 707, 17 Sup. Ct. 717, 41 L. Ed. 1172; Robertson v. Baldwin, 165 U. S. 275, 17 Sup. Ct. 326, 41 L. Ed. 715; Walker v. New Mexico & S. P. R. Co., 165 U. S. 593, 17 Sup. Ct. 421, 41 L. Ed. 837; Guthrie Nat. Bank v. City of Guthrie, 173 U. S. 528, 19 Sup. Ct. 513, 43 L. Ed. 796; Capital Traction Co. v. Hof, 174 U. S. 1, 19 Sup. Ct. 580, 43 L. Ed. 873; Brown v. New Jersey, 175 U. S. 172, 20 Sup. Ct. 77, 4 L. Ed. 119; Kennon v. Gilmer, 131 U. S. 22, 9 Sup. Ct. 696, 33 L. Ed. 110; Arkansas Val. L. & C. Co. v. Mann, 130 U. S. 69, 9 Sup. Ct. 458, 32 L. Ed. 854; Neely v. Henkel, 180 U. S. 109, 21 Sup. Ct. 302, 45 L. Ed. 448; Auffmordt v. Hedden, 137 U. S. 310, 11 Sup. Ct. 103, 34 L. Ed. 674; Whitehead v. Shattuck, 138 U. S. 146, 11 Sup. Ct. 276, 34 L. Ed. 873; Scott v. Neely, 140 U. S. 106, 11 Sup. Ct. 712, 35 L. Ed. 358; Fong Yue Ting v. United States, 149 U. S. 698, 13 Sup. Ct. 1016, 37 L. Ed. 905; Chapin v. Fye, 179 U. S. 127, 21 Sup. Ct. 71, 15 L, Ed. 119. [ARTICLE VIII.] Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Pervear v. Commonwealth, 5 Wall. 475, 18 L. Ed. 608; Robertson v. Baldwin, 165 U. S. 275, 17 Sup. Ct. 326, 41 L. Ed. 715; Brown v. New Jersey, 175 U. S. 172, 20 Sup. Ct. 77, 44 L. Ed. 119; McElvaine v. Brush, 142 U. S. 155, 12 Sup. Ct. 156, 35 L. Ed. 971; Fong Yue Ting v. United States, 149 U. S. 698, 13 Sup. Ct. 1016, 37 L. Ed. 905; O'Neil v. Vermont, 144 U. S. 323, 12 Sup. Ct. 693, 36 L. Ed. 450; McDonald v. Massachusetts, 180 U. S. 311, 21 Sup. Ct. 389, 45 L. Ed. 542; Eilenbecker v. District Court of Plymouth County, 134 U. S. 31, 10 Sup. Ct. 424, 33 L. Ed. 801; In re Kemmler, 136 U. S. 436, 10 Sup. Ct. 930, 34 L. Ed. 519. [ARTICLE IX.] The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Lessee of Livingston v. Moore, 7 Pet. 469, 8 L. Ed. 751; Brown v. New Jersey, 175 U. S. 172, 20 Sup. Ct. 77, 44 L. Ed. 119; Robertson v. Baldwin, 165 U. S. 275, 17 Sup. Ct. 326, 41 L. Ed. 715. [ARTICLE X.] The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respec- tively, or to the people. Chisholm v. State of Georgia, 2 Dall. 419, 1 L. Ed. 440; Hollings- Am., Art. 12) xcvii CONSTITUTION OF THE UNITED STATES—1787. worth v. State of Virginia, 3 Dall. 378, 1 L. Ed. 644; Martin v. Hun- ter's Lessee, 1 Wheat. 304, 4 L. Ed. 97; McCulloch v. State of Mary- land, 4 Wheat, 316, 4 L. Ed. 579; Anderson v. Dunn, 6 Wheat. 204. 5 L. Ed. 242; Cohens v. Virginia, 6 Wheat. 264, 5 L. Ed. 257; Osborn v. United States Bank, 9 Wheat. 738, 6 L. Ed. 204; Buckner v. Fin- ley, 2 Pet. 586, 7 L. Éd, 528; Ableman v. Booth, 21 How. 506, 16 L. Ed. 169; Collector v. Day, 11 Wall. 113, 20 L. Ed. 122; Claflin v. Houseman, Assignee, 93 U. S. 130, 23 L. Ed. 833; Inman Steamship Co. v. Tinker, 94 U. S. 238, 24 L. Ed. 118; United States v. Harris, 106 U. S. 629, 1 Sup. Ct. 601, 27 L. Ed. 290; Brown v. New Jersey, 175 U. S. 172, 20 Sup. Ct. 77, 44 L. Ed. 119; Robertson v. Baldwin, 165 U. S. 275, 17 Sup. Ct. 326, 41 L. Ed. 715. [ARTICLE XI.] The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. State of Georgia v. Brailsford, 2 Dall. 402, 1 L. Ed. 433; Chisholm v. State of Georgia, 2 Dall. 419, 1 L. Ed. 440; Hollingsworth v. Vir- ginia, 3 Dall. 378, 1 L. Ed. 644; Cohens v. Virginia, 6 Wheat, 264, 5 L. Ed. 257; Osborn v. United States Bank, 9 Wheat. 738, 6 L. Ed. 204; Bank of United States v. Planters' Bank, 9 Wheat. 904, 6 L. Ed. 244; Governor of Georgia v. Juan Madrazo, 1 Pet. 110, 7 L. Ed. 73; Cherokee Nation v. State of Georgia, 5 Pet. 1, 8 L. Ed. 25; Briscoe v. Bank of the Commonwealth of Kentucky, 11 Pet. 257, 9 L. Ed. 709, 928; Curran v. State of Arkansas, 15 How. 304, 14 L. Ed. 705; Scott v. Donald, 165 U. S. 107, 17 Sup. Ct. 265, 41 L. Ed. 648; Tindal v. Wesley, 167 U. S. 204, 17 Sup. Ct. 770, 42 L. Ed. 137; Chicot County v. Sherwood, 148 U. S. 529, 13 Sup. Ct. 695, 37 L. Ed. 546; White v. Greenhow, 114 U. S. 307, 5 Sup. Ct. 923, 962, 29 L. Ed. 199; Poindex- ter v. Greenhow, 114 U. S. 270, 5 Sup. Ct. 903, 29 L. Ed. 185; Allen v. Baltimore & 0. Ry. Co., 114 U. S. 311, 5 Sup. Ct. 925, 962, 29 L. Ed. 200; Hagood v. Southern, 117 U. S. 52, 6 Sup. Ct. 608, 29 L. Ed. 805; Reagan v. Farmers' L. & T. Co., 154 U. S. 362, 14 Sup. Ct. 1047, 38 L. Ed. 1014; Smyth v. Ames, 169 U. S. 466, 18 Sup. Ct. 418, 42 L. Ed. 819; Louisiana v. Jumel, 107 U. S. 711, 2 Sup. Ct. 128, 27 L. Ed. 448; Ex parte Ayers, 123 U. S. 443, 8 Sup. Ct. 164, 31 L. Ed. 216; United States v. Louisiana, 123 U. S. 32, 8 Sup. Ct. 17, 31 L. Ed. 69; Rolston v. Crittenden, 120 U. S. 390, 7 Sup. Ct. 599, 30 L. Ed. 721; Pennoyer v. McConnaughy, 140 U. S. 1, 11 Sup. Ct. 699, 35 L. Ed. 363. The eleventh amendment to the Constitution of the United States was proposed to the legislatures of the several States by the Third Congress, on the 5th September, 1794; and was declared in a message from the President to Congress, dated the 8th of January, 1798, to have been ratified by the legislatures of three-fourths of the States. [ARTICLE XII.] The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the gov- ernment of the United States, directed to the President of the Senate; VOL.1 LAWS '01-g xcviii CONSTITUTION OF THE UNITED STATES—1787. (Am., Art. 12 -The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; — The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not ex- ceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a ma- jority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. Fitzgerald v. Green, 134 U. S. 377, 10 Sup. Ct. 586, 33 L. Ed. 951. The twelfth amendment to the Constitution of the United States was proposed to the legislatures of the several States by the Eighth Con- gress, on the 12th of December, 1803, in lieu of the original third para- graph of the first section of the second article; and was declared in a proclamation of the Secretary of State, dated the 25th of September, 1804 to have been ratified by the legislatures of three-fourths of the States ARTICLE XIII. Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation. Dred Scott v. Sanford, 19 How. 393, 15 L. Ed. 691; White v. Hart, 13 Wall. 646, 20 L. Ed. 685; Osborn v. Nicholson, 13 Wall. 654, 20 L. Ed. 689; Slaughter House Cases, 16 Wall. 36, 21 L. Ed. 394; Plessy v. Ferguson, 163 U. S. 537, 16 Sup. Ct. 1138, 41 L. Ed. 256; Robertson v. Baldwin, 165 U. S. 275, 17 Sup. Ct. 326, 41 L. Ed. 715; Downes v. Bidwell, 182 U. S. 244, 21 Sup. Ct. 770, 45 L. Ed. 1088; United States v. Harris, 106 U. S. 629, 1 Sup. Ct. 601, 27 L. Ed. 290; The Civil Rights Cases, 109 U. S. 3, 3 Sup. Ct. 18, 27 L. Ed. 835. The thirteenth amendment to the Constitution of the United States was proposed to the legislatures of the several States by the Thirty- eighth Congress, on the 1st of February, 1865, and was declared, in a proclamation of the Secretary of State, dated the 18th of December, 1865, to have been ratified by the legislatures of twenty-seven of the thirty-six States, viz: Illinois, Rhode Island, Michigan, Maryland, New Am., Art. 14, § i) CONSTITUTION OF THE UNITED STATES—1787. xcix York, West Virginia, Maine, Kansas, Massachusetts, Pennsylvania, Vir- ginia, Ohio, Missouri, Nevada, Indiana, Louisiana, Minnesota, Wiscon- sin, Vermont, Tennessee, Arkansas, Connecticut, New Hampshire, South Carolina, Alabama, North Carolina, and Georgia. ARTICLE XIV. Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, lib- erty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Crandall v. State of Nevada, 6 Wall. 35, 18 L. Ed. 744, 745; Paul v. Virginia, 8 Wall. 168, 19 L. Ed. 357; Ward v. Maryland, 12 Wall. 418, 20 L. Ed. 449; Slaughter House Cases, 16 Wall. 36, 21 L. Ed. 394; Bradwell v. State, 16 Wall. 130, 21 L. Ed. 442; Bartemeyer v. Iowa, 18 Wall. 129, 21 L. Ed. 929; Minor v. Happersett, 21 Wall. 162, 22 L. Ed. 627; Walker v. Sauvinet, 92 U. S. 90, 23 L. Ed. 678; Kennard v. Louisiana, 92 U. S. 480, 23 L. Ed. 478; United States v. Cruikshank, 92 U. S. 542, 23 L. Ed. 588; Munn v. Illinois, 94 U. S. 113, 24 L. Ed. 77; O'Neil v. Vermont, 144 U. S. 323, 12 Sup. Ct. 693, 36 L. Ed. 450; Schwab v. Berggren, 143 U. S. 442, 12 Sup. Ct. 525, 36 L. Ed. 218; Budd v. New York, 143 U. S. 517, 12 Sup. Ct. 468, 36 L. Ed. 247; Dent v. West Virginia, 129 U. S. 114, 9 Sup. Ct. 231, 32 L. Ed. 623; Minneapolis & St. L. Ry. Co. v. Beckwith, 129 U. S. 26, 9 Sup. Ct. 207, 32 L. Ed. 585; Freeland v. Williams, 131 U. S. 405, 9 Sup. Ct. 763, 33 L. Ed. 193; Cross v. North Carolina, 132 U. S. 131, 10 Sup. Ct. 47, 33 L. Ed. 287; Palmer v. McMahon, 133 U. S. 660, 10 Sup. Ct. 324, 33 L. Ed. 772; Sugg v. Thornton, 132 U. S. 524, 10 Sup. Ct. 163, 33 L. Ed. 447; McDonald v. Massachusetts, 180 U. S. 311, 21 Sup. Ct. 389, 45 L. Ed. 542; New Orleans D. R. Co. v. Louisiana, 180 U. S. 320, 21 Sup. Ct. 378, 45 L. Ed. 550; Davis v. Burke, 179 U. S. 399, 21 Sup. Ct. 210, 45 L. Ed. 249; Mason v. Missouri, 179 U. S. 328, 21 Sup. Ct. 125, 45 L. Ed. 214; Williams v. Fears, 179 U. S. 270, 21 Sup. Ct. 128, 45 L. Ed. 186; Brown v. Smart, 145 U. S. 454, 12 Sup. Ct. 958, 36 L. Ed. 773; New York v. Squire, 145 U. S. 175, 12 Sup. Ct. 880, 36 L. Ed. 666; Eilenbecker v. District Court of Plymouth County, 134 U. S. 31, 10 Sup. Ct. 424, 33 L. Ed. 801; French v. Barber Asphalt Paving Co., 181 U. S. 324, 21 Sup. Ct. 625, 45 L. Ed. 879; Webster v. City of Fargo, 181 U. S. 394, 21 Sup. Ct. 623, 645, 45 L. Ed. 912; Cass Farm Co. v. City of Detroit, 181 U. S. 396, 21 Sup. Ct. 644, 645, 45 L. Ed. 914; Tonawanda v. Lyon, 181 U. S. 389, 21 Sup. Ct. 600, 45 L. Ed. 908; Li Sing v. United States, 180 U. S. 486, 21 Sup. Ct. 453, 45 L. Ed. 634; Lynde v. Lynde, 181 U. S. 183, 21 Sup. Ct. 555, 45 L. Ed. 810; Bell's Gap R. Co. v. Pennsylvania, 134 U. S. 232, 10 Sup. Ct. 533, 33 L. Ed. 892; Minneapolis E. Ry. Co. v. Minnesota, 134 U. S. 467, 10 Sup. Ct. 473, 33 L. Ed. 985; Chicago, M. & St. P. Ry. Co. v. Minnesota, 134 U. S. 418, 10 Sup. Ct. 462, 33 L. Ed. 970; Louis- ville & N. R. Co. v. Woodson, 134 U. S. 614, 10 Sup. Ct. 628, 33 L. Ed. 1032; York v. Texas, 137 U. S. 15, 11 Sup. Ct. 9, 34 L. Ed. 604; Crowley v. Christensen, 137 U. S. 86, 11 Sup. Ct. 13, 34 L. Ed. 620; Wheeler v. Jackson, 137 U. S. 245, 11 Sup. Ct. 76, 34 L. Ed. 659; Norfolk & W. R. Co. v. Pennsylvania, 136 U. S. 114, 10 Sup. Ct. 958, 34 L. Ed. 394; In re Kemmler, 136 U. S. 436, 10 Sup. Ct. 930, 34 L. Ed. 519; Caldwell v. Texas, 137 U. S. 692, 11 Sup. Ct. 224, 34 L. Ed. 816; Ex parte Converse, 137 U. S. 624, 11 Sup. Ct. 191, 34 L. Ed. 796; Butler v. Gage, 138 U. S. 52, 11 Sup. Ct. 235, 34 L. Ed. 869; Kauf- man v. Wooters, 138 U. S. 285, 11 Sup. Ct. 298, 34 L. Ed. 962; Davis v. Texas, 139 U. S. 651, 11 Sup. Ct. 675, 35 L. Ed. 300; Yesler v. Com. o CONSTITUTION OF THE UNITED STATES—1787. (Am., Art. 14, § 1 missioners, 146 U. S. 646, 13 Sup. Ct. 190, 36 L. Ed. 1119; Hallinger v. Davis, 146 U. S. 314, 13 Sup. Ct. 105, 36 L. Ed. 986; Lent v. Tillson, 140 U. S. 316, 11 Sup. Ct. 825, 35 L. Ed. 419; Jennings v. Coal Ridge Imp. & C. Co., 147 U. S. 147, 13 Sup. Ct. 282, 37 L. Ed. 116; Giozza v. Tiernan, 148 U. S. 657, 13 Sup. Ct. 721, 37 L. Ed. 599; Cumming v. County Board, 175 U. S. 528, 20 Sup. Ct. 197, 44 L. Ed. 262; King v. Cross, 175 U. S. 396, 20 Sup. Ct. 131, 44 L. Ed. 211; Emblen v. Lin- coln Land Co., 184 U. S. 660, 22 Sup. Ct. 523, 46 L. Ed. 736; League v. Texas, 184 U. S. 156, 22 Sup. Ct. 475, 46 L. Ed. 478; Booth v. Illinois, 184 U. S. 425, 22 Sup. Ct. 425, 46 L. Ed. 623; Connolly v. Union Sewer Pipe Co., 184 U. S. 540, 22 Sup. Ct. 431, 46 L. Ed. 679; Clark v. City of Titusville, 184 U. S. 329, 22 Sup. Ct. 382, 46 L. Ed. 569; Voigt v. City of Detroit, 184 U. S. 115, 22 Sup. Ct. 337, 46 L. Ed. 459; Minder v. Georgia, 183 U. S. 559, 22 Sup. Ct. 224, 46 L. Ed. 328; Chi- cago, R. I. & P. R. Co. v. Zernecke, 183 U. S. 582, 22 Sup. Ct. 229, 46 L. Ed. 339; Nutting v. Massachusetts, 183 U. S. 553, 22 Sup. Ct. 238, 46 L. Ed. 324; King v. City of Portland, 184 U. S. 61, 22 Sup. Ct. 290, 46 L. Ed. 431; Florida Central & P. R. Co. v. Reynolds, 183 U. S. 471, 22 Sup. Ct. 177, 46 L. Ed. 283; Capital City Dairy Co. v. Ohio, 183 U. S. 238, 22 Sup. Ct. 120, 46 L. Ed. 171; Gallup v. Schmidt, 183 U. S. 300, 22 Sup. Ct. 162, 46 L. Ed. 207; Louisville & N. R. Co. v. Kentucky, 183 U. S. 503, 22 Sup. Ct. 95, 46 L. Ed. 298; Knoxville Iron Co. v. Harbison, 183 U. S. 13, 22 Sup. Ct. 1, 46 L. Ed. 55; Carson v. Brockton Sewerage Commission, 182 U. S. 398, 21 Sup. Ct. 860, 45 L. Ed. 1151; Simon v. Craft, 182 U. S. 427, 21 Sup. Ct. 836, 45 L. Ed. 1165; Mallett v. North Carolina, 181 U. S. 589, 21 Sup. Ct. 730, 45 L. Ed. 1015; Minneapolis & St. L. Ry. Co. v. Nelson, 149 U. S. 368, 13 Sup. Ct. 870, 37 L. Ed. 772; Ex parte Frederich, 149 U. S. 70, 13 Sup. Ct. 793, 37 L. Ed. 653; Paulsen v. City of Portland, 149 U. S. 30, 13 Sup. Ct. 750, 37 L. Ed. 637; Lawton v. Steele, 152 U. S. 133, 14 Sup. Ct. 499, 38 L. Ed. 385; Columbus Southern Ry. Co. v. Wright, 151 U. S. 470, 14 Sup. Ct. 396, 38 L. Ed. 238; New York & N. E. R. Co. v. Town of Bristol, 151 U. S. 556, 14 Sup. Ct. 437, 38 L. Ed. 269; Brass v. North Dakota, 153 U. S. 391, 14 Sup. Ct. 857, 38 L. Ed. 757; Israel v. Arthur, 152 U. S. 355, 14 Sup. Ct. 583, 38 L. Ed. 474; Marchant v. Pennsylvania R. Co., 153 U. S. 380, 14 Sup. Ct. 894, 38 L. Ed. 751; Miller v. Texas, 153 U. S. 535, 14 Sup. Ct. 874, 38 L. Ed. 812; Pitts- burg, C., C. & St. L. Ry. Co. v. Backus, 154 U. S. 421, 14 Sup. Ct. 1114, 38 L. Ed. 1031; Ex parte Lockwood, 154 U. S. 116, 14 Sup. Ct. 1082, 38 L. Ed. 929; Clark v. Kansas City, 176 U. S. 114, 20 Sup. Ct. 284, 44 L. Ed. 392; Bolln v. Nebraska, 176 U. S. 83, 20 Sup. Ct. 287, 44 L. Ed. 382; Louisville & N. R. Co. v. Schmidt, 177 U. S. 230, 20 Sup. Ct. 620, 44 L. Ed. 747; Bristol v. Washington Co., 177 U. S. 133, 20 Sup. Ct. 585, 44 L. Ed. 701; Ohio Oil Co. v. Indiana, 177 U. S. 190, 20 Sup. Ct. 577, 44 L. Ed. 729; Waters-Pierce Oil Co. v. Texas, 177 U. S. 28, 20 Sup. Ct. 518, 44 L. Ed. 657; Weyerhaueser v. Minne- sota, 176 U. S. 550, 20 Sup. Ct. 485, 44 L. Ed. 583; Smyth v. Ames, 169 U. S. 466, 18 Sup. Ct. 418, 42 L. Ed. 819; Chicago, B. & Q. R. Co. v. Nebraska, 170 U. S. 57, 18 Sup. Ct. 513, 42 L. Ed. 948; United States v. Wong Kim Ark, 169 U. S. 649, 18 Sup. Ct. 456, 42 L. Ed. 890; Williams v. Mississippi, 170 U. S. 213, 18 Sup. Ct. 583, 42 L. Ed. 1012; Hanford v. Davies, 163 U. S. 273, 16 Sup. Ct. 1051, 41 L. Ed. 157; Lowe v. Kansas, 163 U. S. 81, 16 Sup. Ct. 1031, 41 L. Ed. 78; Gibson V. Mississippi, 162 U. S. 565, 16 Sup. Ct. 904, 40 L. Ed. 1075; Smith v. Mississippi, 162 U. S. 592, 16 Sup. Ct. 900, 40 L. Ed. 1082; Magoun v. Illinois Trust & Sav. Bank, 170 U. S. 283, 18 Sup. Ct. 594, 42 L. Ed. 1037; Sayward v. Denny, 158 U. S. 180, 15 Sup. Ct. 777, 39 L. Ed. 941; Bergemann v. Backer, 157 U. S. 655, 15 Sup. Ct. 727, 39 L. Ed. 845; Lambert v. Barrett, 157 U. S. 697, 15 Sup. Ct. 723, 39 L. Ed. 865; St. Louis, C. G. & Ft. S. Ry. Co. v. Missouri, 156 U. S. 478, 15 Sup. Ct. 443, 39 L. Ed. 502; Hanover Nat. Bank v. Moyses, 186 U. S. 181, 22 Sup. Ct. 857, 46 L. Ed. - Compagnie Francaise de Navigation a Napeur v. State Board of Health, 186 U. S. 380, 22 Sup. Ct. 811, 46 Am., Art. 14, § 1) ci CONSTITUTION OF THE UNITED STATES—1787. L. Ed. —; McFaddin v. Evans-Snider-Buel Co., 185 U. S. 505, 22 Sup. Ct. 758, 46 L. Ed. —; Travelers' Ins. Co. v. Connecticut, 185 U. S. 364, 22 Sup. Ct. 673, 46 L. Ed. ; Consolidated Coal Co. v. Illinois, 185 U. S. 203, 22 Sup. Ct. 616, 46 L. Ed. —; Fidelity Mut. L. Ass'n v. Mettler, 185 U. S. 308, 22 Sup. Ct. 662, 46 L. Ed. —; Kohl v. Lehl- back, 160 U. S. 293, 16 Sup. Ct. 304, 40 L. Ed. 432; State of New York v. Barker, 179 U. S. 279, 21 Sup. Ct. 121, 45 L. Ed. 190; Wiscon- sin, M. & P. R. Co. y. Jacobson, 179 U. S. 287, 21 Sup. Ct. 115, 45 L. Ed. 194; Chicago, B. & Q. R. Co. v. City of Chicago, 166 U. S. 226, 17 Sup. Ct. 581, 41 L. Ed. 979; Long Island W. S. Co. v. City of Brooklyn, 166 U. S. 685, 17 Sup. Ct. 718, 41 L. Ed. 1165; Merchants' & M. Nat. Bank v. Pennsylvania, 167 U. S. 461, 17 Sup. Ct. 829, 42 L. Ed. 236; Turner v. City of New York, 168 U. S. 90, 18 Sup. Ct. 38, 42 L. Ed. 392; Hodgson v. Vermont, 168 U. S. 262, 18 Sup. Ct. 80, 42 L. Ed. 461; Nobles v. Georgia, 168 U. S. 398, 18 Sup. Ct. 87, 42 L. Ed. 515; Del Castillo v. McConnico, 168 U. S. 674, 18 Sup. Ct. 229, 42 L. Ed. 622; In re Durrant, 169 U. S. 39, 18 Sup. Ct. 291, 42 L. Ed. 653; Savings & L. Society v. Multnomah County, 169 U. S. 421, 18 Sup. Ct. 393, 42 L. Ed. 803; Holden v. Hardy, 169 U. S. 366, 18 Sup. Ct. 383, 42 L. Ed. 780; Backus v. Fort St. Union Depot Co., 169 U. S. 557, 18 Sup. Ct. 444, 42 L. Ed. 853; Wilson v. North Carolina, 169 U. S. 586, 18 Sup. Ct. 435, 42 L. Ed. 865; Hamilton v. Brown, 161 U. S. 256, 16 Sup. Ct. 585, 40 L. Ed. 691; Iowa Cent. Ry. Co. v. Iowa, 160 U. S. 389, 16 Sup. Ct. 314, 40 L. Ed. 467; Eldridge v. Trezevant, 160 U. S. 452, 16 Sup. Ct. 345, 40 L. Ed. 490; Roller v. Holly, 176 U. S. 398, 20 Sup. Ct. 410, 44 L. Ed. 520; Maxwell v. Dow, 176 U. S. 581, 20 Sup. Ct. 448, 44 L. Ed. 597; American Sugar Refining Co. v. Louisiana, 179 U. S. 89, 21 Sup. Ct. 43, 45 L. Ed. 102; Wheeler v. New York, N. H. & H. R. Co., 178 U. S. 321, 20 Sup. Ct. 949, 44 L. Ed. 1085; Sully v. American Nat. Bank, 178 U. S. 289, 20 Sup. Ct. 935, 44 L. Ed. 1072; Taylor v. Beckham, 178 U. S. 548, 20 Sup. Ct. 890, 44 L. Ed. 1187; Carter v. Texas, 177 U. S. 442, 20 Sup. Ct. 687, 44 L. Ed. 839; Petit v. Minnesota, 177 U. S. 164, 20 Sup. Ct. 666, 44 L. Ed. 716; Murphy v. Massachusetts, 177 U. S. 155, 20 Sup. Ct. 639, 44 L. Ed. 711; Gundling v. City of Chicago, 177 U. S. 183, 20 Sup. Ct. 633, 44 L. Ed. 725; Andrews v. Swartz, 156 U. S. 272, 15 Sup. Ct. 389, 39 L. Ed. 422; Moore v. Missouri, 159 U. S. 673, 16 Sup. Ct. 179, 40 L. Ed. 301; Lambert v. Barrett, 159 U. S. 660, 16 Sup. Ct. 135, 40 L. Ed. 296; Winona & St. P. Land Co. v. Minnesota, 159 U. S. 526, 16 Sup. Ct. 83, 40 L. Ed. 247; Central Land Co. v. Laidley, 159 U. S. 103, 16 Sup. Ct. 80, 40 L. Ed. 91; Gray v. Connecticut, 159 U. S. 74, 15 Sup. Ct. 985, 40 L. Ed. 80; Galveston, H. & S. Ry. Co. v. Texas, 170 U. S. 226, 18 Sup. Ct. 603, 42 L. Ed. 1017; Williams v. Eggleston, 170 U. S. 304, 18 Sup. Ct. 617, 42 L. Ed. 1047; Gulf, C. & S. F. Ry. Co. v. Ellis, 165 U. S. 150, 17 Sup. Ct. 255, 41 L. Ed. 666; Covington & L. T. R. Co. v. Sandford, 164 U. S. 578, 17 Sup. Ct. 198, 41 L. Ed. 560; Missouri Pac. Ry. Co. v. Nebraska, 164 U. S. 403, 17 Sup. Ct. 130, 41 L. Ed. 489; Plessy v. Ferguson, 163 U. S. 537, 16 Sup. Ct. 1138, 41 L. Ed. 256; Tinsley v. Anderson, 171 U. S. 101, 18 Sup. Ct. 805, 43 L. Ed. 91; Smyth v. Ames, 171 U. S. 361, 18 Sup. Ct. 888, 43 L. Ed. 197; King v. Mullins, 171 U. S. 404, 925, 18 Sup. Ct. 925, 43 L. Ed. 214; Jones v. Brim, 165 U. S. 180, 17 Sup. Ct. 282, 41 L. Ed. 677; State of New York v. Roberts, 171 U. S. 658, 19 Sup. Ct. 58, 43 L. Ed. 323; Bellingham Bay & B. C. R. Co. v. City of New Whatcom, 172 U. S. 314, 19 Sup. Ct. 205, 43 L. Ed. 460; Village of Norwood v. Baker, 172 U. S. 269, 19 Sup. Ct. 187, 43 L. Ed. 443; Blake v. McClung, 172 U. S. 239, 19 Sup. Ct. 165, 43 L. Ed. 432; Dewey v. City of Des Moines, 173 U. S. 193, 19 Sup. Ct. 379, 43 L. Ed. 665; Central L. & T. Co. v. Campbell Commission Co., 173 U. S. 84, 19 Sup. Ct. 346, 43 L. Ed. 623; Wilson v. Eureka City, 173 U. S. 32, 19 Sup. Ct. 317, 43 L. Ed. 603; Orient Ins. Co. v. Daggs, 172 U. S. 557, 19 Sup. Ct. 281, 43 L. Ed. 552; Chappell Chemical & Fertilizer Co. v. Sulphur Mines Co., 172 U. S. 472, 19 Sup. Ct. 268, 43 L. Ed. 520; New York, N. H. & H. cii CONSTITUTION OF THE UNITED STATES—1787. (Am., Art. 14, § 1 R. Co. v. State of New York, 165 U. S. 628, 17 Sup. Ct. 418, 41 L. Ed. 853; St. Louis, I. M. & S. Ry. Co. v. Paul, 173 U. S. 404, 19 Sup. Ct. 419, 43 L. Ed. 746; Allen v. Georgia, 166 U. S. 138, 17 Sup. Ct. 525, 41 L. Ed. 949; Allgeyer v. Louisiana, 165 U. S. 578, 17 Sup. Ct. 427, 41 L. Ed. 832; Atchison, T. & S. F. R. Co. v. Matthews, 174 U. S. 96, 19 Sup. Ct. 609, 43 L. Ed. 909; Henderson Bridge Co. v. City of Hen- derson, 173 U. S. 592, 19 Sup. Ct. 553, 43 L. Ed. 823; Lake Shore & M. S. Ry. Co. v. Smith, 173 U. S. 684, 19 Sup. Ct. 565, 43 L. Ed. 858; Brown v. New Jersey, 175 U. S. 172, 20 Sup. Ct. 77, 44 L. Ed. 119; United States v. Harris, 106 U. S. 629, 1 Sup. Ct. 601, 27 L. Ed. 290; Bush v. Kentucky, 107 U. S. 110, 1 Sup. Ct. 625, 27 L. Ed. 354; Pace v. Alabama, 106 U. S. 583, 1 Sup. Ct. 637, 27 L. Ed. 207; Vance v. Vance, 108 U. S. 514, 2 Sup. Ct. 854, 27 L. Ed. 808; Gross v. United States Mortg. Co., 108 U. S. 477, 2 Sup. Ct. 940, 27 L. Ed. 795; City of New Orleans v. New Orleans Waterworks Co., 142 U. S. 79, 12 Sup. Ct. 143, 35 L. Ed. 943; McElvaine v. Brush, 142 U. S. 155, 12 Sup. Ct. 156, 35 L. Ed. 971; The Civil Rights Cases, 109 U. S. 3, 3 Sup. Ct. 18, 27 L. Ed. 835; Louisiana v. City of New Orleans, 109 U. S. 285, 3 Sup. Ct. 211, 27 L. Ed. 936; Hurtado v. California, 110 U. S. 516, 4 Sup. Ct. 111, 28 L. Ed. 232; The Ku-Klux Cases, 110 U. S. 651, 4 Sup. Ct. 152, 28 L. Ed. 274; Hagar v. Reclamation District, 111 U. S. 701, 4 Sup. Ct. 663, 28 L. Ed. 569; Elk v. Wilkins, 112 U. S. 94, 5 Sup. Ct. 41, 28 L. Ed. 613; Pacific Express Co. v. Seibert, 142 U. S. 339, 12 Sup. Ct. 250, 35 L. Ed. 1035; Charlotte, C. & A. R. Co. v. Gibbes, 142 U. S. 386, 12 Sup. Ct. 255, 35 L. Ed. 1051; Kaukauna Water-Power Co. v. Green Bay & M. Canal Co., 142 U. S. 254, 12 Sup. Ct. 173, 35 L. Ed. 1004; Fielden v. Illinois, 143 U. S. 452, 12 Sup. Ct. 528, 36 L. Ed. 224; Head v. Amoskeag Mfg. Co., 113 U. S. 9, 5 Sup. Ct. 441, 28 L. Ed. 889; Barbier v. Connolly, 113 U. S. 27, 5 Sup. Ct. 357, 28 L. Ed. 923; Wurts v. Hoagland, 114 U. S. 606, 5 Sup. Ct. 1086, 29 L. Ed. 229; Murray v. Louisiana, 163 U. S. 101, 16 Sup. Ct. 990, 41 L. Ed. 87; Cornell v. Green, 163 U. S. 75, 16 Sup. Ct. 969, 41 L. Ed. 76; Presser v. Illinois, 116 U. S. 252, 6 Sup. Ct. 580, 29 L. Ed. 615; Morley v. Lake Shore & M. S. Ry. Co., 146 U. S. 162, 13 Sup. Ct. 51, 36 L. Ed. 925; Yick Wo v. Hopkins, 118 U. S. 356, 6 Sup. Ct. 1064, 30 L. Ed. 220; Missouri Pac. Ry. Co. v. Humes, 115 U. S. 512, 6 Sup. Ct. 110, 29 L. Ed. 463; Cincinnati, N. 0. & T. P. R. Co. v. Kentucky, 115 U. S. 321, 6 Sup. Ct. 57, 29 L. Ed. 414; Stone v. Farmers' L. & T. Co., 116 U. S. 307, 6 Sup. Ct. 334, 388, 1191, 29 L. Ed. 631; Camp- bell v. Holt, 115 U. S. 620, 6 Sup. Ct. 209, 29 L. Ed. 483; Fire Ass'n of Philadelphia v. New York, 119 U. S. 110, 7 Sup. Ct. 108, 30 L. Ed. 342; Ker v. Illinois, 119 U. S. 436, 7 Sup. Ct. 225, 30 L. Ed. 421; Hayes v. Missouri, 120 U. S. 68, 7 Sup. Ct. 350, 30 L. Ed. 578; Church v. Kelsey, 121 U. S. 282, 7 Sup. Ct. 897, 30 L. Ed. 960; Sands v. Manistee R. I. Co., 123 U. S. 288, 8 Sup. Ct. 113, 31 L. Ed. 149; Brooks v. Missouri, 124 U. S. 394, 8 Sup. Ct. 443, 31 L. Ed. 454; Mug- ler v. Kansas, 123 U. S. 623, 8 Sup. Ct. 273, 31 L. Ed. 205; Spencer v. Merchant, 125 U. S. 345, 8 Sup. Ct. 921, 31 L. Ed. 763; National , Bank v. City of Boston, 125 U. S. 60, 8 Sup. Ct. 772, 31 L. Ed. 689; Pembina C. S. M. & M. Co. v. Pennsylvania, 125 U. S. 181, 8 Sup. Ct. 737, 31 L. Ed. 650; Robards v. Lamb, 127 U. S. 58, 8 Sup. Ct. 1031, 32 L. Ed. 60; Dow v. Beidelman, 125 U. S. 680, 8 Sup. Ct. 1028, 31 L. Ed. 811; Walker v. Pennsylvania, 127 U. S. 699, 8 Sup. Ct. 997, 32 L. Ed. 261; Powell v. Penusylvania, 127 U. S. 678, 8 Sup. Ct. 992, 1257, 32 L. Ed. 253; Mahon v. Justice, 127 U. S. 700, 8 Sup. Ct. 1204, 32 L. Ed. 283; Minneapolis & St. L. Ry. Co. v. Herrick, 127 U. S. 210, 8 Sup. Ct. 1176, 32 L. Ed. 109; Missouri Pac. Ry. Co. v. Mackey, 127 U. S. 205, 8 Sup. Ct. 1161, 32 L. Ed. 107; Nashville, C. & St. L. Ry. Co. v. Alabama, 128 U. S. 96, 9 Sup. Ct. 28, 32 L. Ed. 352; Kidd v. Pearson, 128 U. S. 1, 9 Sup. Ct. 6, 32 L. Ed. 346; Wal- ston v. Nevin, 128 U. S. 578, 9 Sup. Ct. 192, 32 L. Ed. 544; Home Ins. Co. v. New York, 134 U. S. 594, 10 Sup. Ct. 593, 33 L. Ed. 1025. Am., Art. 14, § 5) CONSTITUTION OF THE UNITED STATES—1787. ciii Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole num- ber of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the pro- portion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. McPherson v. Blacker, 146 U. S. 1, 13 Sup. Ct. 3, 36 L. Ed. 869; Slaughter House Cases, 16 Wall. 36, 21 L. Ed. 394. Section 3. No person shall be a Senator or Representative in Con- gress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Con- stitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability. The disability created by this section is removed by Act June 6, 1898, c. 389, 30 Stat. 432, post, under Rev. St. § 1787. Section 4. The validity of the public debt of the United States, au- 4 thorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall as- sume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emanci- pation of any slave; but all such debts, obligations and claims shall be held illegal and void. Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. United States v. Harris, 106 U. S. 629, 1 Sup. Ct. 601, 27 L. Ed. 290. The fourteenth amendment to the Constitution of the United States was proposed to the legislatures of the several States by the Thirty- ninth Congress, on the 16th of June, 1866. On the 21st of July, 1868, Congress adopted and transmitted to the Department of State a con- current resolution, declaring that "the legislatures of the States of Con- necticut, Tennessee, New Jersey, Oregon, Vermont, New York, Ohio, Illinois, West Virginia, Kansas, Maine, Nevada, Missouri, Indiana, Min- nesota, New Hampshire, Massachusetts, Nebraska, Iowa, Arkansas, Flor- ida, North Carolina, Alabama, South Carolina, and Louisiana, being three-fourths and more of the several States of the Union, have ratified the fourteenth article of amendment to the Constitution of the United States, duly proposed by two-thirds of each House of the Thirty-ninth Congress: Therefore, Resolved, That said fourteenth article is hereby declared to be a part of the Constitution of the United States, and it shall be duly promulgated as such by the Secretary of State.” The Sec- retary of State accordingly issued a proclamation, dated the 28th of civ CONSTITUTION OF THE UNITED STATES—1787. (Am., Art. 15, § 1-2 July, 1868, declaring that the proposed fourteenth amendment had been ratified, in the manner hereafter mentioned, by the legislatures of thirty of the thirty-six States, viz: Connecticut, June 30, 1866; New Hamp- shire, July 7, 1866; Tennessee, July 19, 1866; New Jersey, September 11, 1866, (and the legislature of the same State passed a resolution in April, 1868, to withdraw its consent to it;) Oregon, September 19, 1866; Vermont, November 9, 1866; Georgia rejected it November 13, 1866, and ratified it July 21, 1868; North Carolina rejected it December 4, 1866, and ratified it July 4, 1868; South Carolina rejected it December 20, 1866, and ratified it July 9, 1868; New York ratified it January 10, 1867; Ohio ratified it January 11, 1867, (and the legislature of the same State passed a resolution in January, 1868, to withdraw its consent to it;) Illinois ratified it January 15, 1867; West Virginia, January 16, 1867; Kansas, January 18, 1867; Maine, January 19, 1867; Nevada, January 22, 1867; Missouri, January 26, 1867; Indiana, January 29, 1867; Minnesota, February 1, 1867; Rhode Island, February 7, 1867; Wisconsin, February 13, 1867; Pennsylvania, February 13, 1867; Mich- igan, February 15, 1867; Massachusetts, March 20, 1867; Nebraska, June 15, 1867; Iowa, April 3, 1868; Arkansas, April 6, 1868; Florida, June 9, 1868; Louisiana, July 9, 1868; and Alabama, July 13, 1868. Georgia again ratified the amendment February 2, 1870. Texas re- jected it November 1, 1866, and ratified it February 18, 1870. Virginia rejected it January 19, 1867, and ratified October 8, 1869. The amend- ment was rejected by Kentucky January 10, 1867; by Delaware Feb- ruary 8, 1867; by Maryland March 23, 1867, and was not afterward ratified by either State. ARTICLE XV. Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on ac- count of race, color, or previous condition of servitude. Section 2. The Congress shall have power to enforce this article by appropriate legislation. United States v. Reese, 92 U. S. 214, 23 L. Ed. 563; United States v. Cruikshank, 92 U. S. 542, 23 L. Ed. 588; United States v. Harris, 106 U. S. 629, 1 Sup. Ct. 601, 27 L. Ed. 290; The Ku-Klux Cases, 110 U. S. 651, 4 Sup. Ct. 152, 28 L. Ed. 274; Elk v. Wilkins, 112 U. S. 94, 5 Sup. Ct. 41, 28 L. Ed. 643; McPherson v. Blacker, 146 U. S. 1, 13 Sup. Ct. 3, 36 L. Ed. 869. The fifteenth amendment to the Constitution of the United States was proposed to the legislatures of the several States by the Fortieth Con- gress, on the 27th of February, 1869, and was declared, in a proclama- tion of the Secretary of State, dated March 30, 1870, to have been ratified by the legislatures of twenty-nine of the thirty-seven States. The dates of these ratifications (arranged in the order of their recep- tion at the Department of State) were: from North Carolina, March 5, 1869; West Virginia, March 3, 1869; Massachusetts, March 9-12, 1869; Wisconsin, March 9, 1869; Maine, March 12, 1869; Louisiana, March 5, 1869; Michigan, March 8, 1869; South Carolina, March 16, 1869; Pennsylvania, March 26, 1869; Arkansas, March 30, 1869; Con- necticut, May 19, 1869; Florida, June 15, 1869; Illinois, March 5, 1869; Indiana, May 13-14, 1869; New York, March 17-April 14, 1869, (and the legislature of the same State passed a resolution January 5, 1870, to withdraw its consent to it;) New Hampshire, July 7, 1869; Nevada, March 1, 1869; Vermont, October 21, 1869; Virginia, October 8, 1869; Missouri, January 10, 1870; Mississippi, January 15-17, 1870; Ohio, January 27, 1870; Iowa, February 3, 1870; Kansas, January 18-19, 1870; Minnesota, February 19, 1870; Rhode Island, January 18, 1870; Nebraska, February 17, 1870; Texas, February 18, 1870. The State of Georgia also ratified the amendment February 2, 1870. ANALYTICAL INDEX TO THE CONSTITUTION OF THE UNITED STATES AND THE AMENDMENTS THERETO. - - - - A Art. Sec. Ci. ABRIDGED. The privileges or immunities of citizens of the United States shall not be. [Amendments]..... 14 1 ABSENT MEMBERS, in such manner and under such penalties as it may provide. Each House is authorized to compel the at- tendance of .. 1 5 1 ACCOUNTS of receipts and expenditures of public money shall be published from time to time. A statement of the.. 1 9 7 ACCUSATION. In all criminal prosecutions the accused shall be in- formed of the cause and nature of the. (Amendments]. 6 ACCUSED shall have a speedy public trial. In all criminal prosecu- tions the. (Amendments] .. 6 He shall be tried by an impartial jury of the State and district where the crime was committed. [Amendments]. 6 He shall be informed of the nature of the accusation. [Amend- ments] .. 6 He shall be confronted with the witnesses against him. [Amend- ments] ... 6 He shall have compulsory process for obtaining witnesses in his favor. [Amendments] 6 He shall have the assistance of counsel for his defense. (Amend- ments] ACTIONS at common law involving over twenty dollars shall be tried by jury. [Amendments] 7- ACTS, records, and judicial proceedings of another State. Full faith and credit shall be given in each State to the... 4 1 - ACTS. Congress shall prescribe the manner of proving such acts, records, and proceedings..... 4 1 - ADJOURN from day to day. A smaller number than a quorum of each House may... 1 5 1 ADJOURN for more than three days, nor to any other place than that in which they shall be sitting. Neither House shall, during the session of Congress, without the consent of the other... 1 5 4 ADJOURNMENT, the President may adjourn them to such time as he shall think proper. In case of disagreement between the two Houses as to... 2 3 - 2 - 6 - - - - - (cv) cvi INDEX TO THE CONSTITUTION. Art. Sec. CI. 3 2 - 4 3 1 4 3 1 6 - 1 2 2 2 2 2 2 2 2 2 1 3 6 2 1 7 4 - - 6 - 3 - 1 2 2 1 3 3 ADMIRALTY and maritime jurisdiction. The judicial power shall extend to all cases of..... ADMITTED by the Congress into this Union, but no new State shall be formed or erected within the jurisdiction of any other State. New States may be.... Nor shall any State be formed by the junction of two or more States, or parts of States, without the consent of the legislatures and of Congress... ADOPTION of the Constitution shall be valid. All debts and en- gagements contracted by the confederation and before the..... ADVICE and consent of the Senate. The President shall have power to make treaties by and with the...... To appoint ambassadors or other public ministers and consuls by and with the..... To appoint all other officers of the United States not herein other- wise provided for by and with the. AFFIRMATION. Senators sitting to try impeachments shall be on oath or .... To be taken by the President of the United States. Form of the oath or... No warrants shall be issued but upon probable cause and on oath or. (Amendments] To support the Constitution. Senators and Representatives, mem- bers of State legislatures, executive and judicial officers, both State and Federal, shall be bound by oath or.. AGE. No person shall be a Representative who shall not have at- tained twenty-five years of.. No person shall be a Senator who shall not have attained thirty years of AGREEMENT or compact with another State without the consent of Congress. No State shall enter into any. AID AND COMFORT. Treason against the United States shall con- sist in levying war agairst them, adhering to their enemies, and giving them .. ALLIANCE or confederation. No State shall enter into any treaty of AMBASSADORS, or other public ministers and consuls. The Presi- dent may appoint.. The judicial power of the United States shall extend to all cases affecting AMENDMENTS to the Constitution. Whenever two-thirds of both Houses shall deem it necessary, Congress shall propose. To the Constitution. On application of the legislatures of two- thirds of the States, Congress shall call a convention to propose Shall be valid when ratified by the legislatures of, or by conven- tions in, three-fourths of the States.... ANSWER for a capital or infamous crime unless on presentment of a grand jury. No person shall be held to. [Amendments)... Except in cases in the land or naval forces, or in the militia when in actual service. (Amendments] .. APPELLATE JURISDICTION both as to law and fact, with such exceptions and under such regulations as Congress shall make. In what cases the Supreme Court shall have.... APPLICATION of the legislature or the executive of a State. The United States shall protect each State against invasion and do- mestic violence on the..... APPLICATION of the legislatures of two-thirds of the States, Con- gress shall call a convention for proposing amendments to the Constitution. On the ... 1 10 3 1 . . . 3 3 1 10 1 2 2 2 3 2 1 5 - 5 - - 5 - 5 - 3 2 2 4 4 — - 5 — - INDEX TO THE CONSTITUTION. cvii - - | 임 ​Art. Sec. Ci. APPOINTMENT of officers and authority to train the militią reserv- ed to the States respectively.. 1 8 16 Of such inferior officers as they may think proper in the Presi- dent alone. Congress may by law vest the. 2 2 2 In the courts of law or in the heads of departments. Congress may by law vest the.. 2 2 2 APPORTIONMENT of representation and direct taxation among the several States. Provisions relating to the. [Repealed by sec. 2 of 14th amendment, on page 31]. 1 2 3 Of Representatives among the several States. Provisions relating to the. [Amendments] 14 2 APPROPRIATE LEGISLATION. Congress shall have power to make all laws necessary and proper for carrying into execution the foregoing powers, and all other powers vested by the Con- stitution in the Government of the United States, or in any de- partment or officer thereof... 1 8 18 Congress shall have power to enforce the thirteenth article, pro- hibiting slavery by. [Amendments] .... 13 2 Congress shall have power to enforce the provisions of the four- teenth article by. (Amendments].. 14 5 Congress shall have power to enforce the provisions of the fif- teenth article by. [Amendments]....... 15 2 APPROPRIATION of money for raising and supporting armies shall be for a longer term than two years. But no. 1 8 12 APPROPRIATIONS made by law. No money shall be drawn from the Treasury but in consequence of... 1 9 7 APPROVE and sign a bill before it shall become a law. The Presi- dent shall ... 1 7 2 He shall return it to the House in which it originated, with his objections, if he do not..... 1 7 2 ARMIES, but no appropriation for that use shall be for a longer term than two years. Congress shall have power to raise and support 1 8 12 ARMIES. Congress shall make rules for the government and regula- tion of the land and naval forces. 1 8 14 ARMS shall not be infringed. A well-regulated militia being neces- sary to the security of a free State, the right of the people to keep and bear. [Amendments]. . 2 ARREST during their attendance at the session of their respective Houses, and in going to and returning from the same. Mem- bers shall in all cases, except treason, felony, and breach of the peace, be privileged from.. 1 6 1 ARSENALS. Congress shall exercise exclusive authority over all places purchased for the erection of... 1 8 17 ARTICLES exported from any State. No tax or duty shall be laid on 1 95 ARTS by securing to authors and inventors their patent rights. Con- gress may promote the progress of science and the useful. 1 8 8 8 ASSISTANCE of counsel for his defense. In all criminal prosecu- tions the accused shall have the. [Amendments]..... 6 ASSUMPTION of the debt or obligations incurred in aid of rebellion or insurrection against the United States. Provisions against the. [Amendments] .. 14 4 ATTAINDER or ex post facto law shall be passed. No bill of.... 1 9 3 ATTAINDER, ex post facto law, or law impairing the obligation of contracts. No State shall pass any bill of.... 1 10 1 ATTAINDER of treason shall not work corruption of blood or for- feiture, except during the life of the person attainted.. 3 3. 2 AUTHORS and inventors the exclusive right to their writings and in- ventiors. Congress shall have power to secure to..... 1 8 8 - - - - - - 19 cviii INDEX TO THE CONSTITUTION. - 1 - .... 14 1 -- - B Art. Sec. CL. BAIL. Excessive bail shall not be required, nor excessive fines nor cruel and unusual punishments imposed. [Amendments]... 8 BALLOT for President and Vice-President. The electors shall vote by. [Amendments] .. 12 If no person have a majority of the electoral votes for President and Vice-President, the House of Representatives shall im- mediately choose the President by. [Amendments].... 12 BANKRUPTCIES. Congress shall have power to pass uniform laws on the subject of.... 1 8 4 BASIS of representation among the several States. Provisions relat- ing to the. (Amendments] . [.... 2 BEAR ARMS shall not be infringed. A well-regulated militia being necessary to the security of a free State, the right of the peo- ple to keep and. [Amendments]..... 2 BEHAVIOR. The judges of the Supreme and inferior courts shall hold their offices during good..... 3 1 BILL of attainder or ex post facto law shall be passed. No. 1 9 3 BILL of attainder, ex post facto law, or law impairing the obligation of contracts. No State shall pass any... 1 10 1 BILLS of credit. No State shall emit.. 1 10 1 BILLS for raising revenue shall originate in the House of Repre- sentatives. All 1 7 1 BILLS which shall have passed the Senate and House of Repre- sentatives shall, before they become laws, be presented to the President 1 7 2 If he approve, he shall sign them; if he disapprove, he shall re- turn them, with his objections, to that House in which they originated ... 1 7 2 Upon the reconsideration of a bill returned by the President with his objections, if two-thirds of each House agree to pass the same, it shall become a law... 1 72 Upon the reconsideration of a bill returned by the President, the question shall be taken by yeas and nays. 1 7 2 Not returned by the President within ten days (Sundays excepted), shall, unless Congress adjourn, become laws.... 1 7 2 BORROW money on the credit of the United States. Congress shall have power to..... 1 8 2 BOUNTIES and pensions, shall not be questioned. The validity of the public debt incurred in suppressing insurrection and rebellion against the United States, including the debt for. [Amend- ments] 14 4 BREACH of the peace, shall be privileged from arrest while attend- ing the session, and in going to and returning from the same. Serators and Representatives, except for treason, felony, and.. 1 6 1 BRIBERY, or other high crimes and misdemeanors. The President, Vice-President, and all civil officers shall be removed on im- peachment for and conviction of treason.. 2 4 - - - С CAPITAL or otherwise infamous crime, unless on indictment of a grand jury, except in certain specified cases. No person shall be held to answer for a. (Amendments)..... CAPITATION or other direct tax shall be laid unless in proportion to the census or enumeration. No.... 5 - - - 1 9 4 INDEX TO THE CONSTITUTION. cix .. - Art. Sec. CI. CAPTURES on land and water. Congress shall make rules con- cerning 1 8 11 CASTING VOTE. The Vice-President shall have no vote unless the Senate be equally divided... 1 3 4 CENSUS or enumeration of the inhabitants shall be made within three years after the first meeting of Congress, and within every subsequent term of ten years thereafter.. 1 2 3 CENSUS or enumeration. No capitation or other direct tax shall be laid except in proportion to the.... 1 9 4 CHIEF JUSTICE shall preside when the President of the United States is tried upon impeachment. The... 1 3 6 CHOOSING the electors and the day on which they shall give their votes, which shall be the same throughout the United States. Congress may determine the time of.... 2 1 3 CITIZEN of the United States at the adoption of the Constitution shall be eligible to the office of President. No person not a natural-born 2 1 4 CITIZEN of the United States. No person shall be a Senator who shall not have attained the age of thirty years, and been nine years a .... 1 3 3 No person shall be a Representative who shall not have attained the age of twenty-five years, and been seven years a... 1 2 1 CITIZENSHIP. Citizens of each State shall be entitled to all the privileges and immunities of citizens of the several States. ... 4 2 1 All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State in which they reside. [Amendments]. ........ 14 1 - No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. [Amendments] ... 14 1 Nor shall any State deprive any person of life, liberty, or prop- erty without due process of law. [Amendmeats). ... 14 1 Nor deny to any person within its jurisdiction the equal protection of the laws. [Amendments]..... ... 14 1 - CITIZENS OR SUBJECTS of a foreign state. The judicial power of the United States shall not extend to suits in law or equity brought against one of the States by the citizens of another State, or by. [Amendments] 11 CIVIL OFFICERS of the United States shall, on impeachment for and conviction of treason, bribery, and other high crimes and misdemeanors, be removed. All... 2 4 - CLAIMS of the United States or any particular State in the terri- tory or public property. Nothing in this Constitution shall be construed to prejudice... 4 3 2 CLASSIFICATION OF SENATORS. Immediately after they shall be assembled after the first election, they shall be divided as equally as may be into three classes... 1 3 2 The seats of the Senators of the first class shall be vacated at the expiration of the second year.... 1 3 2 The seats of the Senators of the second class at the expiration of the fourth year... 1 3 2 The seats of the Senators of the third class at the expiration of the sixth year.... 1 3 2 COIN a terder in payment of debts. No State shall make anything but gold and silver.. .. 1 10 1 COIN money and regulate the value thereof and of foreign coin. Congress shall have power to..... .. 1 8 COIN of the United States. Congress shall provide for punishing the counterfeiting the securities and current.... 1 8 6 - - - CX INDEX TO THE CONSTITUTION. 1 1 Art. Sec. Cl. COLOR, or previous condition of servitude. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race. [Amend- ments] 15 1 COMFORT. Treason against the United States shall consist in levy- ing' war against them, and giving their enemies aid and... 3 3 1 COMMANDER-IN-CHIEF of the Army and Navy, and of the militia when in actual service. The President shall be.. 2 2 1 COMMERCE with foreign nations, among the States, and with Indian tribes. Congress shall have power to regulate.... 1 8 3 COMMERCE OR REVENUE. No preference shall be given to the ports of one State over those of another by any regulation of... 1 9 6 Vessels clearing from the ports of one State shall not pay duties in those of another... 1 9 6 COMMISSIONS to expire at the end of the next session. The President may fill vacancies that happen in the recess of the Senate by granting.... 2 2 3 COMMON DEFENSE, promote the general welfare, &c. To insure the. [Preamble] COMMON DEFENSE and general welfare. Congress shall have power to provide for the. 1 8 1 COMMON LAW, where the amount involved exceeds twenty dol- lars, shall be tried by jury. Suits at. [Amendments]. 7 No fact tried by a jury shall be otherwise reëxamined in any court of the United States than according to the rules of the. [Amendments] 7 COMPACT with another State. No State shall, without the consent of Congress, enter into any agreement or.... 1 10 3 COMPACT with a foreign power. No State shall, without the con- sent of Congress, enter into any agreement or. 1 10 3 COMPENSATION of Senators and Representatives to be ascertained by law..... ... 1 6 1 COMPENSATION of the President shall not be increased nor dimin- ished during the period for which he shall be elected.... 2 1 6 CCMPENSATION of the judges of the Supreme and inferior courts shall not be dimninished during their continuance in office... 3 1 - COMPENSATION. Private property shall not be taken for public use without just. [Amendments]. . 5 COMPULSORY PROCESS for obtaining witnesses in his favor. In criminal prosecutions the accused shall have. [Amendments]... 6 CONFEDERATION. No State shall enter into any treaty, alliance, or ... 1 10 1 CONFEDERATION. All debts contracted and engagements entered into before the adoption of this Constitution shall be valid against the United States under it, as under the. 6 - 1 CONFESSION in open court. Conviction of treason shall be on the testimony of two persons to the overt act, or upon... 3 3 1 CONGRESS of the United States. All legislative powers shall be vested in a... 1 1 Shall consist of a Senate and House of Representatives. 1 1 Shall assemble at least once in every year, which shall be on the first Monday of December, unless they by law appoint a differ- ent day .. .... 1 4 2 May at any time alter regulations for elections of Senators and Representatives, except as to the places of choosing Senators... 1 4 1 Each House shall be the judge of the elections, returns, and qualifications of its own members... 1 5 1 A majority of each House shall constitute a quorum to do busi- ness 1 5 1 - .... - 1 - - 11 - INDEX TO THE CONSTITUTION. cxi Art. Sec. CI. 1 5 1 1 1 2 3 5 1 5 4 1 6 1 1 6 1 1 6 2 1 6 2 1 7 1 1 7 2 1 8 1 1 8 2 1 8 3 CONGRESS of the United States--Cout'd. A smaller number may adjourn from day to day and compel the attendance of absent members.... Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the coucur- rence of two-thirds, expel a member.. Each House shall keep a journal of its proceedings. Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days ..... Senators and Representatives shall receive a compensation to be ascertained by law..... They shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during attendance at their respective Houses, and in going to and returning from the same ... No Senator or Representative shall, during his term, be appointed to any civil office which shall have been created, or of which the emoluments shall have been increased, during such term... No person holding any office under the United States, shall, while in office, be a member of either House of Congress. All bills for raising revenue shall originate in the House of Rep- resentatives Proceedings in cases of bills returned by the President with his objections Shall have power to lay and collect duties, imposts, and excises, pay the debts, and provide for the common defense and gen- eral welfare Shall have power to borrow money on the credit of the United States To regulate foreign and domestic commerce, and with the Indian tribes To establish uniform rule of naturalization and uniform laws on the subject of bankruptcies.. To coin money, regulate its value and the value of foreign coin, and to fix the standard of weights and measures.. To punish the counterfeiting the securities and current coin of the United States.. To establish post-offices and post-roads. To promote the progress of science and the useful arts........ To constitute tribunals inferior to the Supreme Court. To define and punish piracies and felonies on the high seas and to punish offenses against the law of nations. . To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years. To provide and maintain a Navy.... To make rules for the government of the Army and Navy. To call out the militia to execute the laws, suppress insurrec- tions, and repel invasions.... To provide for organizing, arming, and equipping the militia.. To exercise exclusive legislation over the District fixed for the seat of government, and over forts, magazines, arsenals, and dockyards. To make all laws necessary and proper to carry into execution all powers vested by the Constitution in the Government of the Urited States.. No person holding any office under the United States shall accept of any present, emolument, office, or title of any kind from any foreign state, without the consent of. May determine the time of choosing the electors for President and Vice-President and the day on which they shall give their votes 1 8 4 1 8 5 . . . 1 1 1 1 00 00 00 00 8 8 8 8 CO 0000 6 7 8 9 1 8 10 1 8 11 1 1 1 8 12 8 13 8 14 1 1 8 15 8 16 1 8 17 1 8 18 1 98 2 1 3 cxii INDEX TO THE CONSTITUTION. - ī - - 1 1 1 - - - Art. Sec. Ci. CONGRESS of the United States-Cont'd. The President may, on extraordinary occasions, convene either House of 2 3 The manner in which the acts, records, and judicial proceedings of the States shall be prescribed by.... 4 1 New States may be admitted by Congress into this Union... 4 3 1 Shall have power to make all needful rules and regulations re- specting the territory or other property belonging to the United States 4 3 2 Amendments to the Constitution shall be proposed whenever it shall be deemed necessary by two-thirds of both Houses of.... 5 Persons engaged in insurrection or rebellion against the United States disqualified for Senators or Representatives in. [Amend- ments] ... 14 3 But such disqualification may be removed by a vote of two- thirds of both Houses of. [Amendments].... 14 3 Shall have power to enforce, by appropriate legislation, the thir- teenth amendment. [Amendments] 13 2 Shall have power to enforce, by appropriate legislation, the four- teenth amendment. [Amendments] ..... [ 14 5 - Shall have power to enforce, by appropriate legislation, the fif- teenth amendment. [Amendments] .... 15 2 CONSENT. No State shall be deprived of its equal suffrage in the Senate without its.... 5 CONSENT OF CONGRESS. No person holding any office of profit or trust under the United States shall accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign potentate, without the. 1 98 No State shall lay any imposts, or duties on imports, except what may be absolutely necessary for executing its inspection laws, without the... 1 10 2 No State shall lay any duty of tonnage, keep troops or ships of war in time of peace without the..... 1 10 3 No State shall enter into any agreement or compact with another State, or with a foreign power, without the. 1 10 3 No State shall engage in war unless actually invaded, or in such imminent danger as will not admit of delay, without the... 1 10 3 No new State shall be formed or erected within the jurisdiction of any other State, nor any State be formed by the junction of two or more States, or parts of States, without the consent of the legislatures thereof, as well as the.... 4 3 1 CONSENT of the legislature of the State in which the same may be. Congress shall exercise exclusive authority over all places pur- chased for the erection of forts, magazines, arsenals, dockyards, and other needful buildings by the. 1 8 17 CONSENT of the legislatures of the States and of Congress. No States shall be formed by the junction of two or more States or parts of States without the.. 4 3 1 CONSENT OF THE OTHER. Neither House, during the session of Congress, shall adjourn for more than three days, nor to any other place than that in which they shall be sitting, without the ... 1 5 4 CONSENT OF THE OWNER. No soldier shall be quartered in time of peace in any house without the. [Amendments].. 3 CONSENT OF THE SENATE. The President shall have power to make treaties, by and with the advice and.. 2 2 2 The President shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers created by law and not otherwise herein provided for, by and with the advice and... 2 2 2 - — - INDEX TO THE CONSTITUTION. cxiii - - - - - Art. Sec. Ci. CONSTITUTION, in the Government of the United States, or in any department or officer thereof. Congress shall have power to pass all laws necessary to the execution of the powers vested by the .. 1 8 18 CONSTITUTION, shall be eligible to the office of President. No person except a natural-born citizen, or a citizen at the time of the adoption of the... 2 1 4 CONSTITUTION. The President, before he enters upon the execu- tion of his office, shall take an oath to preserve, protect, and defend the ... 2 1 7 CONSTITUTION, laws, and treaties of the United States. The judicial power shall extend to all cases arising under the... 3 2 1 CONSTITUTION shall be so construed as to prejudice any claims of the United States, or of any State (in respect to territory or other property of the United States). Nothing in the.. 4 3 2 CONSTITUTION. The manner in which amendments may be pro- posed and ratified.... 5 CONSTITUTION as under the Confederation shall be valid. All debts and engagements contracted before the adoption of the... 6 - 1 CONSTITUTION and the laws made in pursuance thereof, and all treaties made, or which shall be made, by the United States, shall be the supreme law of the land. The.... 6 - 2 The judges in every State, anything in the constitution or laws of a State to the contrary notwithstanding, shall be bound thereby ... 6 - 2 CONSTITUTION. All officers, legislative, executive, and judicial, of the United States, and of the several States, shall be bound by an oath to support the..... 6 3 But no religious test shall ever be required as a qualification for any office or public trust.. 6 3 CONSTITUTION between the States so ratifying the same. The ratification of the conventions of nine States shall be sufficient for the establishment of the... 7 CONSTITUTION, of certain rights, shall not be construed to deny or disparage others retained by the people. The enumeration in the. [Amendments] .. 9 CONSTITUTION, nor prohibited by it to the States, are reserved to the State respectively or to the people. Powers not delegated to the United States by the. [Amendments]. 10 CONSTITUTION, and then engaged in rebellion against the United States. Disqualification for office imposed upon certain class of persons who took an oath to support the. [Amendments]. 14 3 CONSTITUTION. Done in convention by the unanimous consent of the States present, September 17, 1787..... 7 - 2 CONTRACTS. No State shall pass any ex post facto law, or law im- pairing the obligation of... 1 0 1 1 CONTROVERSIES to which the United States shall be a party: be- tween two or more States; between a State and citizens of an- other State; between citizens of different States; between citi- zens of the same State claiming lands under grants of different States; between a State or its citizens and foreign states, citi- zens, or subjects. The judicial power shall extend to... 3 2 1 CONVENE CONGRESS or either House, on extraordinary occasions. The President may... 2 3 CONVENTION for proposing amendments to the Constitution. Con- gress, on the application of two-thirds of the legislatures of the States, may call a.... 5 CONVENTION, by the unanimous consent of the States present on the 17th of September, 1787. Adoption of the Constitution in.. 7 - 2 VOL.1 LAWS '01-1 - - • • • - - cxiv INDEX TO THE CONSTITUTION. - - Art. Sec. CI. CONVENTIONS of nine States shall be sufficient for the establish- ment of the Constitution. The ratification of the... 7 CONVICTION in cases of impeachment shall not be had without the concurrence of two-thirds of the members present..... 1 3 7 COPYRIGHTS to authors for limited times. Congress shall have 1 8 power to provide for.... 8 CORRUPTION OF BLOOD. Attainder of treason shall not work.. 3 3 2 COUNSEL for his defensc. In all criminal prosecutions the accused shall have the assistance of. [Amendments]... 6 COUNTERFEITING the securities and current coin of the United States. Congress shall provide for the punishment of..... 1 8 6 COURTS. Congress shall have power to constitute tribunals in- ferior to the Supreme Court... 1 39 COURTS OF LAW. Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, in the heads of departments, or in the.... 2 2 2 COURTS as Congress may establish. The judicial power of the United States shall be vested in one Supreme Court and such inferior .. 3 1 - COURTS. The judges of the Supreme and inferior courts shall hold their offices during good behavior.. 3 1 Their compensation shall not be diminished during their contin- uance in office. ... 3 1 CREDIT. No State shall emit bills of..... 1 10 1 CREDIT of the United States. Congress shall have power to borrow money on the..... 1 8 2 CREDIT shall be given in every other State to the public acts, rec- ords, and judicial proceedings of each State. Full faith and.... 4 1 - CRIME, unless on a presentment of a grand jury. No person shall be held to answer for a capital or otherwise infamous. [Amend- ments] .. 5 Except in cases in the military and naval forces, or in the militia when in actual service. [Amendments]. ... 5 CRIMES AND MISDEMEANORS. The President, Vice-President. and all civil officers shall be removed on impeachment for and conviction of treason, bribery, or other... 2 4 - CRIMES, except in cases of impeachment, shall be tried by jury. All 3 2 3 They shall be tried in the State within which they may be com- mitted ... 3 2 3 When not committed in a State, they shall be tried at the places which Congress may by law have provided.... 3 2 3 CRIMINAL PROSECUTIONS. the accused shall have a speedy and public trial by jury in the State and district where the crime was committed. In all. [Amendments]. ..... 6 He shall be informed of the nature and cause of the accusation. (Amendments] .... 6 He shall be confronted with the witnesses against him. (Amend- ments] 6 He shall have compulsory process for obtaining witnesses in his favor. [Amendments] 6 He shall have the assistance of counsel in his defense. [Amend- ments] 6 CRIMINATE HIMSELF. No person as a witness shall be com- pelled to. [Amendments] 5 CRUEL AND UNUSUAL PUNISHMENTS inflicted. Excessive bail shall not be required, nor excessive fines imposed, nor. [Amendments] ... 8 - - -- - - --- - - - - - - 1 INDEX TO THE CONSTITUTION. сху - D Art. Sec. Ci. DANGER as will not admit of delay. No state shall, without the consent of Congress, engage in war, unless actually invaded, or in such imminent.... . 1 10 3 DAY on which they shall vote for President and Vice-President, which shall be the same throughout the United States. Congress may determine the time of choosing the electors, and the...... 2 1 3 DAY TO DAY, and may be authorized to compel the attendance of absent members. A smaller number than a quorum of each House may adjourn from... 1 5 1 DEATH, resignation, or inability of the President, the powers and duties of his office shall devolve on the Vice-President. In case of the ... 2 1 5 DEATH, resignation, or inability of the President. Congress may provide by law for the case of the removal..... 2 1 5 DEBT of the United States, including debts for pensions and boun- ties incurred in suppressing insurrection or rebellion, shall not be questioned. The validity of the public. [Amendments]. .... 14 4 DEBTS. No State shall make anything but gold and silver coin a tender in payment of.... 1 10 1 DEBTS and provide for the common defense and general welfare of the United States. Congress shall have power to pay the...... 1 8 8 1 DEBTS and engagements contracted before the adoption of this con- stitution shall be as valid against the United States, under it, as under the Confederation.... 6 — 1 DEBTS or obligations incurred in aid of insurrection or rebellion against the United States, or claims for the loss or emancipation of any slave. Neither the United States nor any State shall assume or pay any. [Amendments]. ..... ... 14 4 DECLARE WAR, grant letters of marque and reprisal, and make rules concerning captures on land and water. Congress shall have power to. 1 8 11 DEFENSE, promote the general welfare, &c. To insure the com- mon. [Preamble] .... DEFENSE and general' welfare throughout the United States. Con- gress shall have power to pay the debts and provide for the common 1 8 1 DEFENSE. In all criminal prosecutions the accused shall have the assistance of counsel for his. [Amendments].... 6 DELAWARE entitled to one Representative in the first Congress... 1 2 3 DELAY. No State shall, without the consent of Congress, engage in war unless actually invaded, or in such imminent danger as will not admit of...... 1 10 3 DELEGATED to the United States, nor prohibited to the States, are reserved to the States or to the people. The powers not. [Amendments] ... 10 DENY OR DISPARAGE others retained by the people. The enu- meration in the Constitution of certain rights shall not be con- strued to. [Amendments] 9 DEPARTMENTS upon any subject relating to their duties. The President may require the written opinion of the principal officers in each of the executive..... 2 2 1 DEPARTMENTS. Congress may by law vest the appointment of inferior officers in the heads of. 2 2 2 DIRECT TAX shall be laid unless in proportion to the census or enumeration. No capitation or other... 1 9 4 1 1 -- - - - - cxvi INDEX TO THE CONSTITUTION. - - - Art. Sec. Ci. DIRECT TAXES and Representatives, how apportioned among the several States. [Repealed by the second section of the four- teenth amendment, on page 54]. 1 2 3 DISABILITY of the President and Vice-President. Provisions in case of the.... 2 1 5 DISABILITY. No person shall be a Senator or Representative in Congress, or presidential elector, or hold any office, civil or mili- tary, under the United States, or any State, who having pre- viously taken an oath as a legislative, executive, or judicial officer of the United States, or of any State, to support the Con- stitution, afterward engaged in insurrection or rebellion against the United States. [Amendments]...... 14 3 But Congress may, by a vote of two-thirds of each House, remove such. [Amendments] ... 14 3 DISAGREEMENT between the two Houses as to the time of ad- journment, the President may adjourn them to such time as he may think proper. In case of...... 2 3 DISORDERLY BEHAVIOR. Each House may punish its members for .... 1 5 2 And with the concurrence of two-thirds expel a member... 1 5 2 DISPARAGE others retained by the people. The enumeration in the Constitution of certain rights shall not be construed to deny or. [Amendments]... 9 DISQUALIFICATION. No Senator or Representative shall, during the time for which he was elected, be appointed to any office under the United States which shall have been created or its emoluments increased during such term. 1 6 2 No person holding any office under the United States shall be a member of either House during his continuance in office..... 1 6 2 No person shall be a member of either House, presidential elector, or hold any office under the United States, or any State, who, having previously sworn to support the Constitution, after- ward engaged in insurrection or rebellion. [Amendments]. ..... 14 3 But Congress may, by a vote of two-thirds of each House, remove such disability. [Amendments)....... 14 3 DISTRICT OF COLUMBIA. Congress shall exercise exclusive leg- islation in all cases over the..... 1 8 17 DOCKYARDS. Congress shall have exclusive authority over all places purchased for the erection of..... 1 8 17 DOMESTIC TRANQUILLITY, provide for the common defense, &c. To insure. [Preamble] DOMESTIC VIOLENCE. The United States shall protect each State against invasion and... 4 4 DUE PROCESS OF LAW. No person shall be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty, or property without. [Amendments). 5 No State shall deprive any person of life, liberty, or property without. [Amendments] 14 1 - DUTIES AND POWERS of the office of President, in case of his death, removal, or inability to act, shall devolve on the Vice- President 2 1 5 In case of the disability of the President and Vice-President, Con- gress shall declare what officer shall act..... 2 1 5 DUTIES, imposts, and excises. Congress shall have power to lay and collect taxes... 1 8 1 Shall be uniform throughout the United States. 1 8 1 DUTIES shall be laid on articles exported from any State. No tax or 1 95 - - - - - - ... - INDEX TO THE CONSTITUTION. cxvii Art. See. CI. DUTIES in another State. Vessels clearing in the ports of one State shall not be obliged to pay... 1 96 On imports and exports, without the consent of Congress, except where necessary for executing its inspection laws. No State shall lay any... 1 10 2 The net produce of all such duties shall be for the use of the Treasury of the United States..... 1 10 2 All laws laying such duties shall be subject to the revision and control of Congress.... 1 10 2 DUTY OF TONNAGE without the consent of Congress. No State shall lay any. 1 10 3 E . .. ELECTION of President and Vice-President. Congress may deter- mine the day for the.... 2 1 3 Shall be the same throughout the United States. The day of the.. 2 1 3 ELECTIONS for Senators and Representatives. The legislatures of the States shall prescribe the times, places, and manner of hold- ing ... 1 4 1 But Congress may, at any time, alter such regulations, except as to the places of choosing Senators.... 1 4 1 Returns and qualifications of its own members. Each House shall be the judge of the... ... 1 5 1 ELECTORS for members of the House of Representatives. Qualifi- cations of..... 1 2 1 ELECTORS for President and Vice-President. Each State shall ap- point, in such manner as the legislature thereof may direct, a number of electors equal to the whole number of Senators and Representatives to which the State may be entitled in the Con- gress 2 1 2 But no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector 2 1 2 Congress may determine the time of choosing the electors and the day on which they shall give their votes. 2 1 3 Which day shall be the same throughout the United States. 2 1 3 The electors shall meet in their respective States and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves. [Amendments] ... ... 12 ELECTORS shall name, in their ballots, the person voted for as Presidert; and in distinct ballots the person voted for as Vice- President. [Amendments] .... .. 12 They shall make distinct lists of the persons voted for as Presi- dent and of persons voted for as Vice-President, which they shall sign and certify, and transmit sealed to the seat of gov- ernment, directed to the President of the Senate. [Amend- ments] 12 No person having taken an oath as a legislative, executive, or judicial officer of the United States, or of any State, and after- wards engaged in insurrection or rebellion against the United States, shall be an elector..... 14 3. But Congress may, by a vote of two-thirds of each House, re- move such disability. [Amendments]... 14 3 - EMANCIPATION of any slave shall be held to be illegal and void. Claims for the loss or. [Amendments]... 14 4 EMIT BILLS OF CREDIT. No State shall... 1 10 1 . - - - - - - - - T cxviii INDEX TO THE CONSTITUTION. - - -- - Art. Sec. CI. EMOLUMENT of any kind from any king, prince, or foreign state, without the consent of Congress. No person holding any office under the United States shall accept any...... 1 98 ENEMIES. Treason shall consist in levying war against the United States, in adhering to, or giving aid and comfort to their..... 3 3 1 ENGAGEMENTS contracted before the adoption of this Constitution shall be valid. All debts and..... 6 1 ENUMERATION of the inhabitants shall be made within three years after the first meeting of Congress, and within every sub- sequent term of ten years thereafter. 1 2 3 Ratio of representation not to exceed one for every 30,000 until the first enumeration shall be made.. 1 2 3 ENUMERATION in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. The. [Amendments] 9 EQUAL PROTECTION of the laws. No State shall deny to any person within its jurisdiction the. [Amendments] 14 1 - EQUAL SUFFRAGE in the Senate. No State shall be deprived without its consent, of its.... ESTABLISHMENT of this Constitution between the States ratifying the same. The ratification of nine States shall be sufficient for the 7 — EXCESSIVE BAIL shall not be required, nor excessive fines im- posed, nor cruel and unusual punishments inflicted. [Amend- nients] 8 EXCISES. Congress shall have power to lay and collect taxes, duties, imposts, and... 1 8 1 Shall be uniform throughout the United States. All duties, im- posts, and ..... 1 8 1 EXCLUSIVE LEGISLATION, in all cases, over such district as may become the seat of government. Congress shall exercise... 1 8 17 Over all places purchased for the erection of forts, magazines, ar- senals, dock-yards, and other needful buildings. Congress shall exercise 1 8 17 EXECUTIVE OF A STATE. The United States shall protect each State against invasion and domestic violence, on the applica- tion of the legislature or the. 4 4 - EXECUTIVE AND JUDICIAL OFFICERS of the United States and of the several States shall be bound by an oath to support the Constitution... 6 - 3 EXECUTIVE DEPARTMENTS. On subjects relating to their du- ties the President may require the written opinions of the prin- cipal officers in each of the. 2 2 1 Congress may by law vest the appointment of inferior officers in the heads of..... 2 2 2 EXECUTIVE POWER shall be vested in a President of the United States of America. The... 1 1 EXPEL A MEMBER. Each House, with the concurrence of two- thirds, may 1 5 2 EXPENDITURES of public money shall be published from time to time. A regular statement of the receipts and..... 1 9 7 EXPORTATIONS from any State. No tax or duty shall be laid on 1 95 EXPORTS OR IMPORTS, except upon certain conditions. No State shall, without the consent of Congress, lay any duties on.. 1 10 2 Laid by any State, shall be for the use of the Treasury. The net produce of all duties on... 1 10 2 Shall be subject to the revision and control of Congress. All laws of the States laying duties on... 1 10 2 - - 2 INDEX TO THE CONSTITUTION. cxix Art. Sec. CI. 1 9 3 EX POST FACTO LAW shall be passed. No bill of attainder or... EX POST FACTO LAW, or law impairing the obligation of con- tracts. No State shall pass any bill of attainder.. EXTRAORDINARY OCCASIONS. The President may convene both houses, or either House of Congress, on.. 1 10 1 2 3 F 4 1 - - 1 6 1 8 10 1 8 10 - 1 8 5 1 8 3 1 10 3 3 4 3 3 2 1 FAITH and credit in each State shall be given to the acts, records, and judicial proceedings of another State. Full.... FELONY, and breach of the peace. Members of Congress shall not be privileged from arrest for treason.. FELONIES committed on the high seas. Congress shall have power to define and punish piracies and..... FINES. Excessive fines shall not be imposed. [Amendments]. FOREIGN COIN. Congress shall have power to coin money, fix the standard of weights and measures, and to regulate the value of ... ... FOREIGN NATIONS, among the States, and with the Indian tribes. Congress shall have power to regulate commerce with... FOREIGN POWER. No State shall, without the consent of Con- gress, enter into any compact or agreement with any.. FORFEITURE, except during the life of the person attainted. At- tainder of treason shall not work..... FORMATION of new States. Provisions relating to the..... FORM OF GOVERNMENT. The United States shall guarantee to every State in this Union a republican. And shall protect each of them against invasion; and on applica- tion of the legislature or of the executive (when the legislature cannot be convened), against domestic violence.... FORTS, magazines, arsenals, dock-yards, and other needful buildings. Congress shall exercise exclusive authority over all places pur- chased for the erection of. FREEDOM of speech or the press. Congress shall make no law abridging the. [Amendments] ... FREE STATE, the right of the people to keep and bear arms shall not be infringed. A well-regulated militia being necessary to the security of a. [Amendments]. .. FUGITIVES from crime found in another State shall, on demand, be delivered up to the authorities of the State from which they may flee FUGITIVES from service or labor in one State, escaping into another State, shall be delivered up to the party to whom such service or labor may be due... 4 4 - 4 4 1 8 17 1 - - - 2 - - - 4 2 2 4 2 3 G - - - 1 8 1 P GENERAL WELFARE and secure the blessings of liberty, &c. To promote the. [Preamble.] GENERAL WELFARE. Congress shall have power to provide for the common defense and..... GEORGIA shall be entitled to three Representatives in the first Con- gress GOLD AND SILVER coin a tender in payment of debts. No State shall make anything but...... GOOD BEHAVIOR. The judges of the Supreme and inferior courts shall hold their offices during... 1 2 3 1 10 1 3 1 - - CXX INDEX TO THE CONSTITUTION. Art. Sec. CI. GOVERNMENT. The United States shall guarantee to every State in this Union a republican form of... 4 4 And shall protect each of them against invasion, and on appli- cation of the legislature or of the executive (when the legisla- ture cannot be convened), against domestic violence... 4 4 - GRAND JURY. No person shall be held to answer for a capital or otherwise infamous crime, unless on the presentment of a. [Amendments] 5 Except in cases arising in the land and naval forces, and in the militia when in actual service. (Amendments). GUARANTEE to every State in this Union a republican form of government. The United States shall. 4 4 And sball protect each of them against invasion, and on applica- tion of the legislature or of the executive (when the legislature cannot be convened), against domestic violence... 4 4 - H 1 9 2 2 2 2 2 2 1 2 4 - 1 1 1 1 2 2 IHR 1 1 1 2 2 HABEAS CORPUS shall not be suspended unless in cases of re- bellion or invasion. The writ of...... HEADS OF DEPARTMENTS. Congress may, by law, vest the ap- pointment of inferior officers in the... On any subject relating to their duties, the President may require the written opinion of the principal officers in each of the ex- ecutive departments HIGH CRIMES AND MISDEMEANORS. The President, Vice- President, and all civil officers shall be removed on impeachment for and conviction of treason, bribery, or other... HOUSE OF REPRESENTATIVES. Congress shall consist of a Senate and .... Shall be composed of members chosen every second year. Qualifications of electors for members of the.. No person shall be a member who shall not have attained the age of twenty-five years, and been seven years a citizen of the Unit- ed States ... The executives of the several States shall issue writs of election to fill vacancies in the.... Shall choose their Speaker and other officers... Shall have the sole power of impeachment..... Shall be the judge of the elections, returns, and qualifications of its own members. ... A majority shall constitute a quorum to do business. Less than a majority may adjourn from day to day, and compel the attendance of absent members.... May determine its own rules of proceedings.... May punish its members for disorderly behavior, and, with the con- currence of two-thirds, expel a member.. Shall keep a journal of its proceedings. Shall not adjourn for more than three days during the session of Congress without the consent of the Senate..... Members shall not be questioned for any speech or debate in either House or in any other place.. No person holding any office under the United States shall, while holding such office, be a member of the..... No person, while a member of either House, shall be appointed to an office which shall have been created or the emoluments in- creased during his membership... All bills for raising revenue shall originate in the. The votes for President and Vice-President shall be counted in the presence of the Senate and. [Amendments.]... 1 1 1 2 2. 2 4 5 5 1 1 5 5 1 1 1 1 5 5 1 2 1 1 5 5 2 3 1 5 4 1 6 1 1 6 2 1 1 6 7 2 1 12 - INDEX TO THE CONSTITUTION. cxxi - 12 - Art. Sec. Ci. HOUSE OF REPRESENTATIVES—Cont'd. If no person have a majority of electoral votes, then from the three highest on the list the House of Representatives shall im- mediately, by ballot, choose a President. [Amendments.] 12 They shall vote by States, each State counting one vote. [Amend- ments.] .. A quorum shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to the choice of a President. [Amendments]... .. 12 No person having as a legislative, executive, or judicial officer of the United States, or of any State, taken an oath to support the Constitution, and afterwards engaged in insurrection or rebellion against the United States, shall be a member of the. [Amend- ments] 14 3 But Congress may, by a vote of two-thirds of each House, remove such disability. [Amendments] .. 14 3 - 1 -- - - 1 3 - 1 - 1 - - - - IMMINENT DANGER as will not admit of delay. No State shall, without the consent of Congress, engage in war, unless actually invaded or in such..... 1 10 3 IMMUNITIES. Members of Congress shall, in all cases except trea- son, felony, and breach of the peace, be privileged from arrest during their attendance at the sessicn of their respective houses, and in going and returning from the same. .. 1 6 1 No soldier shall be quartered in any house without the consent of the owner in time of peace. [Amendments] . No person shall be twice put in jeopardy of life and limb for the same offence. [Amendments] .... 5 All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State in which they reside. [Amendments). ... 14 1 - No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. [Amendments] .... 14 1 - Nor shall any State deprive any person of life, liberty, or property without due process of law. [Amendments]..... 14 1 Nor deny to any person within its jurisdiction the equal protection of the law. [Amendments].... .. 14 1 IMPEACHMENT. The President may grant reprieves and pardons except in cases of..... 2 2 1 The House of Representatives shall have the sole power of..... 1 2 5 IMPEACHMENT for and conviction of treason, bribery, and other high crimes and misdemeanors. The President, Vice-President, and all civil officers shall be removed upon.... 2 4 IMPEACHMENTS. The Senate shall have the sole power to try all 1 3 6 The Senate shall be on oath, or affirmation, when sitting for the trial of ... .. 1 3 6 When the President of the United States is tried the Chief Justice shall preside .. 1 3 6 No person shall be convicted without the concurrence of two-thirds of the members present.. 1 3 6 Judgment shall not extend beyond removal from office and dis- qualification to hold office. ... 1 3 7 But the party convicted shall be liable to indictment and punish- ment according to law..... 1 3 IMPORTATION of slaves prior to 1808 shall not be prohibited by the Congress 1 9 1 But a tax or duty of ten dollars for each person may be imposed on such 1 91 . . - cxxii INDEX TO THE CONSTITUTION. N 0 0 - - .. - - Art. Sec. Ci. IMPORTS OR EXPORTS except what may be absolutely necessary for executing its inspection laws. No State shall, without the 2 consent of Congress, lay any imposts or duties on.. 1 10 IMPORTS OR EXPORTS laid by any State shall be for the use of the Treasury. The net produce of all duties on.... 1 10 IMPORTS OR EXPORTS shall be subject to the revision and con- trol of Congress. All laws of States laying duties on..... 1 10 2 IMPOSTS AND EXCISES. Congress shall have power to lay and collect taxes, duties... 1 8 1 Shall be uniform throughout the United States. All taxes, duties 1 8 1 INABILITY of the President, the powers and duties of his office shall devolve on the Vice-President. In case of the death, resigna- tion, or ... 2 1 5 INABILITY of the President or Vice-President. Congress may pro- vide by law for the case of the removal, death, resignation, or.. 2 1 INDIAN TRIBES. Congress shall have power to regulate com- merce with the .. 1 8 3 INDICTMENT or presentment of a grand jury. No person shall be held to answer for a capital or infamous crime unless on. [Amendments] .. 5 Except in cases arising in the land and naval forces, and in the militia when in actual service. [Amendments]. 5 INDICTMENT, trial, judgment, and punishment, according to law. The party convicted in case of impeachment shall nevertheless be liable and subject to..... 1 3 7 INFAMOUS CRIME unless on presentment or indictment of a grand jury. No person shall be held to answer for a capital or. [Amendments] 5 INFERIOR COURTS. Congress shall have power to constitute tri- bunals inferior to the Supreme Court.. 1 8 9 INFERIOR COURTS as Congress may establish. The judicial pow- er of the United States shall be vested in one Supreme Court and such .... 3 1 The judges of both the Supreme and inferior courts shall hold their offices during good behavior.... 3 1 Their compensation shall not be diminished during their continu- ance in office... ... 3 1 INTERIOR OFFICERS in the courts of law, in the President alone, or in the heads of Departments. Congress, if they think proper, may by law vest the appointment of.. 2 2 2 INHABITANT OF THE STATE for which he shall be chosen. No person shall be a Senator who shall not have attained the age of thirty years, been nine years a citizen of the United States, and who shall not, when elected, be an.... 1 3 3 INSURRECTION OR REBELLION against the United States. No person shall be a Senator or Representative in Congress, or presidential elector, or hold any office, civil or military, under the United States, or any State, who, having taken an oath as a legislative, executive, or judicial officer of the United States, or of a State, afterwards engaged in. [Amendments]... 14 3 But Congress may, by a vote of two-thirds of each House, re- move such disabilities. [Amendments)... 14 3 INSURRECTION OR REBELLION against the United States. Debts declared illegal and void which were contracted in aid of. [Amendments] ... 14 4 - INSURRECTIONS and repel invasions. Congress shall provide for calling forth the militia to suppress.. 1 8 15 INVASION. No State shall, without the consent of Congress, en- gage in war unless actually invaded, or in such imminent danger as will not admit of delay. 1 10 3 - - - INDEX TO THE CONSTITUTION. cxxiii Art. Sec. Ci. INVASION. The writ of habeas corpus shall not be suspended unless in case of rebellion or... 1 9 1 INVASION and domestic violence. The United States shall protect each State against...... 4 4 - INVASIONS. Congress shall provide for calling forth the militia to suppress insurrections and repel..... 1 8 15 INVENTORS AND AUTHORS in their inventions and writings. Congress may pass laws to secure for limited times exclusive rights to ... .. 1 8 8 INVOLUNTARY SERVITUDE, except as a punishment for crime, abolished in the United States. Slavery and. [Amendments]... 13 1 - - J - - 5 1 5 3 6 – 2 3 1 - -- 3 1 - 1 3 7 1 3 7 1 8 9 3 1 — 3 1 - JEOPARDY of life and limb for the same offense. No person shall be twice put in. [Amendments]. ... JOURNAL of its proceedings. Each House shall keep a. JUDGES in every State shall be bound by the Constitution, the laws and treaties of the United States, which shall be the supreme law of the land..... JUDGES of the Supreme and inferior courts shall hold their offices during good behavior... Their compensation shall not be diminished during their continu- ance in office.... JUDGMENT in cases of impeachment shall not extend further than to removal from office, and disqualification to hold any office of honor, trust, or profit under the United States... But the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment according to law... JUDICIAL POWER OF THE UNITED STATES. Congress shall have power to constitute tribunals inferior to the Supreme Court The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may from time to time ordain and establish..... The judges of the Supreme and inferior courts shall hold their offi- ces during good behavior.... Their compensation shall not be diminished during their continu- ance in office...... It shall extend to all cases in law and equity arising under the Constitution, laws, and treaties of the United States.... To all cases affecting ambassadors, other public ministers, and consuls To all cases of admiralty and maritime jurisdiction. To controversies to which the United States shall be a party. To controversies between two or more States..... To controversies between a State and citizens of another State... To controversies between citizens of different States.. To citizens of the same State claiming lands under grants of dif- ferent States ... To controversies between a State or its citizens and foreign states, citizens, or subjects.... In all cases affecting ambassadors, other public ministers and con- suls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction... In all other cases before mentioned, it shall have appellate juris- diction, both as to law and fact, with such exceptions and under such regulations as Congress shall make... The trial of all crimes, except in cases of impeachment, shall be by jury The trial shall be held in the State where the crimes shall have been committed 3 1 - 3 2 1 OU CU O co coco 3 3 3 3 3 3 QANAQLA 2 2 2 2 2 2 1 1 1 1 1 1 3 2 1 3 2 1 3 2 2 3. 2 2 3 2 co 0019 3 3 2 3 cxxiv INDEX TO THE CONSTITUTION. - - Art. Sec. Ci. JUDICIAL POWER OF THE UNITED STATES-Cont'd. . But when not committed in a State, the trial shall be at such place or places as Congress may by law have directed.. 3 2 3 The judicial power of the United States shall not be held to ex- tend to any suit in law or equity commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State. [Amendments]... 11 JUDICIAL PROCEEDINGS of every other State. Full faith and credit shall be given in each State to the acts, records, and.... 4 1 - Congress shall prescribe the manner of proving such acts, records, and proceedings 4 1 - JUDICIAL and executive officers of the United States and of the several States shall be bound by an oath to support the Consti- tution 6 -. 3 JUDICIARY. The Supreme Court shall have original jurisdiction in all cases affecting ambassadors, other public ministers and con- suls, and those in which a State may be a party... 3 2 2 The Supreme Court shall have appellate jurisdiction both as to law and fact, with such exceptions and regulations as Congress may make 3 2 2 JUNCTION of two or more States or parts of States without the consent of the legislatures and of Congress. No State shall be formed by the..... 4 3 1 JURISDICTION of another State. No new State shall, without the consent of Congress, be formed or erected within the..... 4 3 1 JURISDICTION, both as to law and fact, with such exceptions and under such regulations as Congress may make. The Supreme Court shall have appellate... 3 2 2 JURISDICTION. In all cases affecting ambassadors and other pub- lic ministers and consuls, and in cases where a State is a party, the Supreme Court shall have original..... 3 2 2 JURY. The trial of all crimes, except in cases of impeachment, shall be by 3 2 3 In all criminal prosecutions the accused shall have a speedy and public trial by. [Amendments]. 6 All suits at common law, where the value exceeds twenty dollars, shall be tried by. [Amendments]. ..... 7 Where a fact has been tried by a jury it shall not be re-examined except by the rules of the common law. [Amendments]..... 7 JUST COMPENSATION. Private property shall not be taken for public use without. [Amendments]. 5 - JUSTICE, insure domestic tranquillity, &c. To establish. [Pre- amble] - - - - L 4 2 3 LABOR, in one State escaping into another State shall be delivered up to the party to whom such service or labor may be due. Fu- gitives from service or... LAND and naval forces. Congress shall make rules for the govern- ment and regulation of the...... LAW and fact, with exceptions and under regulations to be made by Congress. The Supreme Court shall have appellate jurisdiction 1 8 14 as to 3 2 2 LAW of the land. The Constitution, the laws made in pursuance thereof, and treaties of the United States, shall be the supreme.. The judges in every State shall be bound thereby. LAW of nations. Congress shall provide for punishing offenses 6 6 NN 2 2 -- against the 1 8 10 INDEX TO THE CONSTITUTION. CXXV - Art. Sec. Ci. LAWS. Congress shall provide for calling forth the militia to sup- press insurrection, repel invasion, and to execute the.... 1 8 15 LAWS AND TREATIES of the United States. The judicial power shall extend to all cases in law and equity arising under the Constitution, or the.... 3 2 1 LAWS necessary to carry into execution the powers vested in the government, or in any department or officer of the United States. Congress shall make all.... 1 8 18 LEGAL TENDER in payment of debts. No State shall make any- thing but gold and silver coin a.. 1 10 1 LEGISLATION in all cases over such district as may become the seat of government. Congress shall exercise exclusive..... 1 8 17 Over all places purchased for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings. Congress shall exercise exclusive 1 8 17 LEGISLATION. Congress shall have power to make all laws neces- sary and proper for carrying into execution all the powers vested by the Constitution in the Government of the United States, or in any department or officer thereof.... 1 8 18 LEGISLATION. Congress shall have power to enforce article xiii, prohibiting slavery, by appropriate. [Amendments]...... 13 2 Congress shall have power to enforce the fourteenth amendment by appropriate. [Amendments] .... 14 5 Congress shall have power to enforce the fifteenth amendment by appropriate. [Amendments] 15 2 LEGISLATIVE powers herein granted shall be vested in Congress. All .. 1 1 - LEGISLATURE, OR THE EXECUTIVE (when the legislature can- not be convened). The United States shall protect each State against invasion and domestic violence, on the application of the 4 4 - LEGISLATURES of two-thirds of the States, Congress shall call a convention for proposing amendments to the Constitution. On the application of the... 5 LETTERS of marque and reprisal. Congress shall have power to grant 1 8 11 No State shall grant... 1 10 1 LIBERTY to ourselves and our posterity, &c. To secure the bless- ings of. [Preamble] LIFE, LIBERTY, AND PROPERTY without due process of law. No person shall be compelled in any criminal case to be a wit- ness against himself, nor be deprived of. [Amendments]. ..... 5 No State shall abridge the privileges or immunities of citizens of the United States, nor deprive any person of. [Amendments].. 14 1 LIFE or limb for the same offense. No person shall be twice put in jeopardy of. [Amendments] 5 LOSS or emancipation of any slave shall be held illegal and void. Claims for the. [Amendments]. . .... 14 4 II II - - - - - - - - - - - - - - - - 1 - M 1 8 17 MAGAZINES, arsenals, dock-yards, and other needful buildings. Congress shall have exclusive authority over all places purchased for the erection of...... MAJORITY of each House shall constitute a quorum to do busi- ness. A But a smaller number may adjourn from day to day and may be authorized to compel the attendance of absent members..... 1 5 1 1 5 1 cxxvi INDEX TO THE CONSTITUTION. - - co - - Art. Sec. Ci. MAJORITY of all the States shall be necessary to a choice. When the choice of a President shall devolve on the House of Repre- sentatives, a quorum shall consist of a member or members from two-thirds of the States; but a. [Amendments]. ........ 12 - When the choice of a Vice-President shall devolve on the Senate, a quorum shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. [Amendments]. 12 MARITIME JURISDICTION. The judicial power shall extend to all cases of admiralty and..... 3 2 1 MARQUE and reprisal. Congress shall have power to grant letters of 1 8 11 No State shall grant any letters of... 1 10 1 MARYLAND entitled to six Representatives in the first Congress... 1 2 3 MASSACHUSETTS entitled to eight Representatives in the first Con- gress 1 2 3 MEASURES. Congress shall fix the standard of weights and... 1 8 5 MEETING OF CONGRESS. The Congress shall assemble at least once in every year, and such meeting shall be on the first Mon- day in December, unless they shall by law appoint a different day 1 4 2 MEMBERS of Congress and of State legislatures shall be bound by oath or affirmation to support the Constitution.. 6 3 MILITIA to execute the laws, suppress insurrections, and repel inva- sions. Congress shall provide for calling forth the... 1 8 15 Congress shall provide for organizing, arming, and disciplining the 1 8 16 To execute the laws, suppress insurrections, and repel invasions. Congress shall provide for governing such part of them as may be employed by the United States.... 1 8 16 Reserving to the States the appointment of the officers and the right to train the militia according to the discipline prescribed by Congress ... 1 8 16 A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. [Amendments] 2 - MISDEMEANORS. The President, Vice-President, and all civil of- ficers shall be removed on impeachment for and conviction of treason, bribery, or other high crimes and. 2 4 - MONEY on the credit of the United States. Congress shall have power to borrow. 1 8 2 Regulate the value thereof and of foreign coin. Congress shall have power to coin. 1 8 5 Shall be drawn from the Treasury but in consequence of appro- priations made by law. No..... 1 9 7 Shall be published from time to time. A regular statement and account of receipts and expenditures of public. 1 9 7 For raising and supporting armies. No appropriation of money shall be for a longer term than two years. 1 8 12 - - - N 1 1 8 3 8 10 NATIONS. Congress shall have power to regulate commerce with foreign .. Congress shall provide for punishing offences against the law of.. NATURAL-BORN CITIZENS, or a citizen at the adoption of the Constitution, shall be eligible to the office of President. No per- son except a..... NATURALIZATION. Congress shall have power to establish a uni- form rule of...... 2 1 4 1 8 4 INDEX TO THE CONSTITUTION. . cxxvii - ARE Art. Sec. Ci. NATURALIZED in the United States, and subject to their jurisdic- tion, shall be citizens of the United States and of the States in which they reside. All persons born, or. [Amendments]....... 14 1 NAVAL FORCES. Congress shall make rules and regulations for the government and regulation of the land and... 1 8 14 NAVY. Congress shall have power to provide and maintain a.... 1 8 13 NEW HAMPSHIRE entitled to three Representatives in the first Congress 1 2 3 NEW JERSEY entitled to four Representatives in the first Congress 1 2 3 NEW STATES may be admitted by Congress into this Union... 4 3 1 But no new State shall be formed within the jurisdiction of an- other State without the consent of Congress.... 4 3 1 Nor shall any State be formed by the junction of two or more States or parts of States, without the consent of the legislatures and of Congress.... 4 3 1 NEW YORK entitled to six Representatives in the first Congress.. 1 2 3 NOBILITY shall be granted by the United States. No title of... 1 9 8 No State shall grant any title of... 1 10 1 NOMINATIONS FOR OFFICE by the President. The President shall nominate, and, by and with the advice and consent of the Senate, shall appoint ambassadors and other public officers.... 2 2 2 He may grant commissions to fill vacancies that happen in the re- cess of the Senate, which shall expire at the end of their next session 2 2 3 NORTH CAROLINA entitled to five Representatives in the first Con- gress 1 3 NUMBER OF ELECTORS for President and Vice-President in each State shall be equal to the number of Senators and Representa- tives to which such State may be entitled in Congress.. 2 1 2 N 0 2 1 7 4 — - - 6 - - 3 - 6 1 16 3 6 3 OATH OF OFFICE of the President of the United States. Form of the OATH OR AFFIRMATION. No warrants shall be issued but upon probable cause supported by. [Amendments]. ... OATH OR AFFIRMATION to support the Constitution. Senators and Representatives, members of State legislatures, executive and judicial officers of the United States and of the several States, shall be bound by.... But no religious test shall ever be required as a qualification for office The Senators when sitting to try impeachment shall be on.. OBJECTIONS. If he shall not approve it, the President shall return the bill to the House in which it originated with his.... OBLIGATION OF CONTRACTS. No State shall pass any ex post facto law, or law impairing the.... OBLIGATIONS incurred in aid of insurrection or rebellion against the United States to be held illegal and void. All debts or. [Amendments] ..... OFFENSE. No person shall be twice put in jeopardy of life or limb for the same. (Amendments]... OFFENSES against the law of nations. Congress shall provide for punishing Against the United States, except in cases of impeachment. The President may grant reprieves or pardons for. 1 7 2 1 10 1 14 4 - 5 - 1 1 8 10 2 2 1 cxxviii INDEX TO THE CONSTITUTION. - Art. Sec. Ci. OFFICE under the United States. No person shall be a member of either House while holding any civil. 1 6 2 No Senator or Representative shall be appointed to any office un- der the United States which shall have been created, or its emoluments increased, during the term for which he is elected... 1 6 2 Or title of any kind from any king, prince, or foreign State, with- out the consent of Congress. No person holding any office un- der the United States shall accept of any present, emolument... 1 9 8 Of President, in case of his removal, death, resignation, or in- ability, shall devolve on the Vice-President. The powers and duties of the..... 2 1 5 During the term of four years. The President and Vice-Presi- dent shall hold... 2 1 1 Of trust or profit under the United States shall be an elector for President and Vice-President. No person holding an... 2 1 2 Civil or military under the United States, or any State, who had taken an oath as a legislative, executive, or judicial officer of the United States, or of any State, and afterward engaged in in- surrection or rebellion. No person shall be a Senator, Repre- sentative, or Presidential elector, or hold any. [Amendments].. 14 3 OFFICERS in the President alone, in the courts of law, or in the heads of Departments. Congress may vest the appointment of inferior 2 2 2 Of the United States shall be removed on impeachment for and conviction of treason, bribery, or other high crimes and misde- meanors. The President, Vice-President, and all civil... 2 The House of Representatives shall choose their Speaker and other 1 5 The Senate, in the absence of the Vice-President, shall choose a President pro tempore, and also their other.... 1 3 5 OFFICES becoming vacant in the recess of the Senate may be filled by the President, the commissions to expire at the end of the next session 2 2 3 ONE-FIFTH of the members present, be entered on the journal of each House. The yeas and nays shall, at the desire of........ 1 5 3 OPINION of the principal officers in each of the Executive Depart- ments on any subject relating to their duties. The President may require the written... 2 2 1 ORDER, resolution, or vote (except on a question of adjournment) re- quiring the concurrence of the two Houses, shall be presented to the President. Every... 1 7 3 ORIGINAL JURISDICTION, in all cases affecting ambassadors, other public ministers, and consuls, and in which a State may be a party. The Supreme Court shall have.... 3 2 2 OVERT ACT, or on confession in open court. Conviction of treason shall be on the testimony of two witnesses to the.... 3 3 1 NA er co P 2 2 1 1 1 8 8 PARDONS, except in cases of impeachment. The President may grant reprieves and... PATENT RIGHTS to inventors. Congress may pass laws for se- curing PEACE. Members of Congress shall not be privileged from arrest for treason, felony, and breach of the.... No State shall, without the consent of Congress, keep troops or ships of war in time of.. No soldier shall be quartered in any house without the consent of the owner in time of. [Amendments]... 1 6 1 1 10 3 3 - - INDEX TO THE CONSTITUTION. cxxix - - - - - 11 - - Art. Sec. Ci. PENSIONS AND BOUNTIES shall not be questioned. The validity of the public debt incurred in suppressing insurrection and re- bellion against the United States, including the debt for. [Amendments] ... 14 4 - PENNSYLVANIA entitled to eight Representatives in the first Con- gress 1 2 3 PEOPLE, peaceably to assemble and petition for redress of grievances, shall not be abridged by Congress. The right of the. [Amend- ments] .... 1 - To keep and bear arms shall not be infringed. A well-regulated militia being necessary to the security of a free State, the right of the. [Amendments] 2 To be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated. The right of the. [Amendments]...... 4 PEOPLE. The enumeration of certain rights in the Constitution shall not be held to deny or disparage others retained by the. [Amendments] 9 PEOPLE. Powers not delegated to the United States, nor prohibited to the States, are reserved to the States or to the. [Amend- ments] 10 PERFECT UNION, &c. To establish a more. [Preamble]. PERSONS, houses, papers, and effects against unreasonable searches and seizures. The people shall be secured in their. [Amend- ments] 4 PERSONS, as any State may think proper to admit, shall not be prohibited prior to 1808. The migration or importation of such 1 9 1 But a tax or duty of ten dollars shall be imposed on the importa- tion of each of such.. 1 9 1 PETITION for the redress of grievances. Congress shall make no law abridging the right of the people peaceably to assemble and to. (Amendments] 1 — PIRACIES AND FELONIES committed on the high seas. Congress shall define and punish.... 1 8 10 PLACE than that in which the two Houses shall be sitting. Neither House during the session shall, without the consent of the other, adjourn for more than three days, nor to any other.... 1 5 4 PLACES OF CHOOSING SENATORS, Congress may by law make or alter regulations for the election of Senators and Rep- resentatives, except as to the. 1 4 1 PORTS of one State over those of another. Preference shall not be given by any regulation of commerce or revenue to the.... 1 96 Vessels clearing from the ports of one State shall not pay duties in another 1 9 6 POST OFFICES AND POST ROADS. Congress shall establish... 1 8 7 POWERS herein granted shall be vested in Congress. All legislative 1 1 POWERS vested by the Constitution in the Government or in any Department or officer of the United States. Congress shall make all laws necessary to carry into execution the. 1 8 18 POWERS and duties of the office shall devolve on the Vice-President. on the removal, death, resignation, or inability of the President. The 2 1 5 Not delegated to the United States nor prohibited to the States are reserved to the States and to the people. [Amendments]. .. 10 The enumeration of certain rights in this Constitution shall not be held to deny or disparage others retained by the people. [Amendments] ..... 9 PREFERENCE, by any regulation of commerce or revenue, shall not be given to the ports of one State over those of another.... 1 96 VOL.1 LAWS '01-i - - --- - - - CXXX INDEX TO THE CONSTITUTION. - - Art. Sec. Ci. PREJUDICE any claims of the United States or of any particular State in the territory or property of the United States. Nothing in this Constitution shall. 4 3 2 PRESENT, emolument, office, or title of any kind whatever from any king, prince, or foreign State. No person holding any office un- der the United States shall, without the consent of Congress, ac- cept any ... 1 98 PRESENTMENT or indictment of a grand jury, except in cases aris- ing in the land or naval forces, or in the militia when in actual service. No person shall be held to answer for a capital or other- wise infamous crime unless on a. [Amendments] .. PRESIDENT OF THE UNITED STATES. The Senate shall choose a President pro tempore when the Vice-President shall exercise the office of... 1 3 5 The Chief Justice shall preside upon the trial of the. 1 3 6 Shall approve and sign all bills passed by Congress before they shall become laws... 1 7 2 Shall return to the House in which it originated, with his objec- tions, any bill which he shall not approve.. 1 7 2 If not returned within ten days (Sundays excepted), it shall be- come a law, unless Congress shall adjourn before the expiration of that time... 1 7 2 Every order, resolution, or vote which requires the concurrence of both Houses, except on a question of adjournment, shall be pre- sented to the.... 1 7 3 If disapproved by him, shall be returned and proceeded on as in the case of a bill.... 1 7 3 The executive power shall be vested in a... 2 1 1 He shall hold his office during the term of four years.... 2 1 1 In case of the removal of the President from office, or of his death, resignation, or inability to discharge the duties of his office, the Vice-President shall perform the duties of... 2 1 Congress may declare, by law, in the case of the removal, death, resignation, or inability of the President, what officer shall act as 2 1 5 The President shall receive a compensation which shall not be in- creased nor diminished during his term, nor shall he receive any other emolument from the United States. 2 1 6 Before he enters upon the execution of his office he shall take an oath of office.... 2 1 7 Shall be commander-in-chief of the Army and Navy and of the militia of the States when called into actual service. 2 2 1 He may require the opinion, in writing, of the principal officer in each of the Executive Departments.... 2 2 1 He may grant reprieves or pardons for offenses, except in cases of impeachment ... 2 2 1 He may make treaties by and with the advice and consent of the Senate, two-thirds of the Senators present concurring. 2 2 2 He may appoint, by and with the advice and consent of the Sen- ate, ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers whose appointments may be authorized by law and not herein provided for. 2 2 2 Congress may vest the appointment of inferior officers in the.. 2 2 2 He may fill up all vacancies that may happen in the recess of the Senate by commissions which shall expire at the end of their next session 2 2 3 He shall give information to Congress of the state of the Union, and recommend measures... 2 3 On extraordinary occasions he may convene both Houses or either House of Congress. 2 3 In case of disagreement between the two Houses as to the time of adjournment, he may adjourn them to such time as he may think proper 2 3 - INDEX TO THE CONSTITUTION. cxxxi NNN Il - Art. Sec. CI. PRESIDENT OF THE UNITED STATES-Cont'd. He shall receive ambassadors and other public ministers.... 3 He shall take care that the laws be faithfully executed. 3 He shall commission all the officers of the United States. 3 On impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors, shall be removed from office. The ... 2 4 - No person except a natural-boru citizen, or a citizen of the United States at the adoption of the Constitution, shall be eligible to the office of..... 2 1 4 No person who shall not have attained the age of thirty-five years and been fourteen years a citizen of the United States shall be eligible to the office of..... .. 2 1 4 PRESIDENT AND VICE-PRESIDENT. MANNER OF CHOOS- ING. Each State, by its legislature, shall appoint a number of electors equal to the whole number of Senators and Representa- tives to which the State may be entitled in the Congress.... 2 1 2 No Senator or Representative or person holding an office of trust or profit under the United States shall be an elector.... 2 1 2 Congress may determine the time of choosing the electors and the day on which they shall give their votes, which day shall be the same throughout the United States... 2 1 3 The electors shall meet in their respective States and vote by bal- lot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves. [Amendments] ..... .. 12 They shall name in distinct ballots the person voted for as Presi- dent and the person voted for as Vice-President. (Amendments] 12 They shall make distinct lists of the persons voted for as Presi- dent, and as Vice-President, which they shall sign and certify and transmit sealed to the President of the Senate at the seat of government. [Amendments] .. 12 The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. [Amendments). ... .. 12 The person having the greatest number of votes shall be the Presi- dent, if such number be a majority of the whole number of electors appointed. [Amendments] .. 12 If no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. [Amendments). ........ 12 . In choosing the President, the votes shall be taken by States, the representation from each State having one vote. [Amendments] 12 A quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. [Amendments]. . 12 But if no choice shall be made before the 4th of March next fol. lowing, then the Vice-President shall act as President, as in the case of the death or disability of the President. [Amendments] 12 PRESIDENT OF THE SENATE, but shall have no vote unless the Senate be equally divided. The Vice-President shall be..... 1 3 4 PRESIDENT PRO TEMPORE. In the absence of the Vice-Presi- dent the Senate shall choose a....... 1 3 5 When the Vice-President shall exercise the office of President of the United States, the Senate shall choose a. 1 3 5 PRESS. Congress shall pass no law abridging the freedom of speech or of the. [Amendments].... 1 - PREVIOUS CONDITION of servitude. The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or. [Amendments] .. 15 1 - - - - - - - - - - cxxxii INDEX TO THE CONSTITUTION. - - - - - - Art. Sec. CI. PRIVATE PROPERTY shall not be taken for public use without just compensation. [Amendments] ... 5 PRIVILEGE. Senators and Representatives shall, in all cases ex- cept treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same. 1 6 1 They shall not be questioned for any speech or debate in either House in any other place.... 1 6 1 PRIVILEGES AND IMMUNITIES OF CITIZENS OF THE UNITED STATES. The citizens of each State shall be en- titled to all the privileges and immunities of the citizens of the several States .... 4 2 1 No soldier shall be quartered in any house without the consent of the owner in time of peace. [Amendments).. 3 No person shall be twice put in jeopardy of life and limb for the same offense. [Amendments] 5 All persons born or naturalized in the United States, and sub- ject to the jurisdiction thereof, are citizens of the United States and of the State in which they reside. [Amendments)..... ]14 1 — No State shall make or enforce any law which shall a bridge the privileges or immunities of citizens of the United States. [Amendments] ..... 14 1 - No State shall deprive any person of life, liberty, or property without due process of law. (Amendments]. 14 1 Nor deny to any person within its jurisdiction the equal protection of its laws. [Amendments]..... 14 1 PRIZES captured on land or water. Congress shall make rules con- cerning .. 1 8 11 PROBABLE CAUSE. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search- es and seizures, shall not be violated. And no warrant shall is- sue for such but upon. [Amendments].... PROCESS OF LAW. No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due. [Amendments). ..... 5 No State shall deprive any person of life, liberty, or property, with- out due. [Amendments] 14 1 - PROCESS for obtaining witnesses in his favor. In all criminal prose- cutions the accused shall have. [Amendments] .... 6 PROGRESS of science and useful arts. Congress shall have power to promote the.... 1 8 8 PROPERTY of the United States. Congress may dispose of and make all needful rules and regulations respecting the territory or 4 3 2 PROPERTY, without due process of law. No person shall be com- pelled in any criminal case to be a witness against himself; nor shall he be deprived of his life, liberty, or. [Amendments].... 5 5 No State shall abridge the privileges or immunities of citizens of the United States; nor deprive any person of his life, liberty, or. [Amendments] 14 1 - PROSECUTIONS. T'he accused shall have a speedy and public trial in all criminal. [Amendments). 6 He shall be tried by a jury in the State or district where the crime was committed. [Amendments]..... 6 He shall be informed of the nature and cause of the accusation. [Amendments] ..... 6 He shall be confronted with the witnesses against him. [Amend- ments] 6 He shall have compulsory process for obtaining witnesses. [Amendments] .... 6 He shall have counsel for his defense. (Amendments)... 6 4 - - - . - - - - - - 11 INDEX TO THE CONSTITUTION. cxxxiii - - Art. Sec. Cl. PROTECTION of the laws. No State shall deny to any person with- in its jurisdiction the equal. [Amendments]... 14 1 PUBLIC DEBT of the United States incurred in suppressing insur- rection or rebellion shall not be questioned. The validity of the. [Amendments] .... ... 14 4 PUBLIC SAFETY may require it. The writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the 1 92 PUBLIC TRIAL by jury. In all criminal prosecutions the accused shall have a speedy and. [Amendments]. 6 PUBLIC USE. Private property shall not be taken for, without just compensation. [Amendments] 5 PUNISHMENT according to law. Judgment in cases of impeach- ment shall not extend further than to removal from, and dis- qualification for, office; but the party convicted shall neverthe- less be liable and subject to indictment, trial, judgment, and... 1 3 7 PUNISHMENTS inflicted. Excessive bail shall not be required nor excessive fines imposed nor cruel and unusual. [Amendments].. 8 - - .. 00 - - Q - N QUALIFICATION FOR OFFICE. No religious test shall ever be required as a..... 6 - 3 QUALIFICATIONS of electors of members of the House of Repre- sentatives shall be the same as electors for the most numerous branch of the State legislature. ... 1 2 1 QUALIFICATIONS of members of the House of Representatives. They shall be twenty-five years of age, seven years a citizen of the United States, and an inhabitant of the State in which chosen 1 2 2 Of Senators. They shall be thirty years of age, nine years a citizen of the United States, and an inhabitant of the State in which chosen ... 1 3 3 Of its own members. Each House shall be the judge of the elec- tion, returns, and.. 1 5 1 Of the President. No person except a natural-born citizen, or a citizen of the United States at the time of the adoption of the Constitution, shall be eligible to the office of President. 1 4 Neither shall any person be eligible to the office of President who shall not have attained the age of thirty-five years and been fourteen years a resident within the United States. 2 1 4 Of the Vice-President. No person constitutionally ineligible to the office of President shall be eligible to that of Vice-President. [Amendments] ... 12 QUARTERED in any house without the consent of the owner in time of peace. No soldier shall be. [Amendments)... 3 QUORUM to do business. A majority of each House shall consti- tute a 1 5 1 But a smaller number than a quorum may adjourn from day to day and may be authorized to compel the attendance of absent members 1 5 1 Of the House of Representatives for choosing a President shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. [Amendments] 12 QUORUM to elect a Vice-President by the Senate. Two-thirds of the whole number of Senators shall be a. [Amendments). 12 A majority of the whole number shall be necessary to a choice. [Amendments] 12 - 1 - - | 11 11 - cxxxiv INDEX TO THE CONSTITUTION. - - - ... -- R Art. Sec. Ci. RACE, color, or previous condition of servitude. The right of citi- zens of the United States to vote shall not be denied or abridged by the United States or by any State on account of. [Amend- ments] 15 1 - RATIFICATION of amendments to the Constitution shall be by the legislatures of three-fourths of the several States or by conven- tions in three-fourths of the States, accordingly as Congress may propose RATIFICATION of the conventions of nine States shall be sufficient to establish the Constitution between the States so ratifying the same 7 - RATIO of representation until the first enumeration under the Con- stitution shall be made not to exceed one for every thirty thou- sand 1 2 3 RATIO of representation shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. [Amendments] 14 2 But when the right to vote for Presidential electors or members of Congress, or the legislative, executive, and judicial officers of the State, except for engaging in rebellion or other crime, shall be denied or abridged by a State, the basis of representa- tion shall be reduced therein in the proportion of such denial or abridgment of the right to vote. [Amendments). 14 2 REBELLION against the United States. Persons who, while holding certain Federal and State offices, took an oath to support the Constitution, afterward engaged in insurrection or rebellion, dis- abled from holding office under the United States. [Amend- ments] .. ... 14 3 But Congress may by a vote of two-thirds of each House remove such disability. [Amendments] 14 3 Debts incurred for pensions and bounties for services in suppress- ing the rebellion shall not be questioned. [Amendments]. ..... 14 4 All debts and obligations incurred in aid of the rebellion, and all claims for the loss or emancipation of slaves, declared and held to be illegal and void. [Amendments)... 14 4 REBELLION or invasion. The writ of habeas corpus shall not be suspended except when the public safety may require it in cases of ... 1 9 2 RECEIPTS and expenditures of all public money shall be published from time to time. A regular statement of... 1 9 7 RECESS OF THE SENATE. The President may grant commissions, which shall expire at the end of the next session, to fill vacan- cies that may happen during the.... 2 2 3 RECONSIDERATION of a bill returned by the President with his objections. Proceedings to be had upon the.. 1 7 2 RECORDS, and judicial proceedings of every other State. Full faith and credit shall be given in each State to the acts. 4 1 Congress shall prescribe the manner of proving such acts, records, and proceedings 4 1 REDRESS OF GRIEVANCES. Congress shall make no law abridg- ing the right of the people peaceably to assemble and to petition for the. [Amendments] 1 - REGULATIONS, except as to the places of choosing Senators. The time, places, and manner of holding elections for Senators and Representatives shall be prescribed by the legislatures of the States, but Congress may at any time by law make or alter such 1 4 1 - - -- INDEX TO THE CONSTITUTION. CXXXV - - 1 ... Art. Sec. Ci. REGULATIONS of commerce or revenue. Preference to the ports of one State over those of another shall not be given by any... 1 9 6 RELIGION or prohibiting the free exercise thereof. Congress shall make no law respecting the establishment of. [Amendments].. 1 RELIGIOUS test shall ever be required as a qualification for any office or public trust under the United States. No...... 6 - 3 REMOVAL of the President from office, the same shall devolve on the Vice-President. In case of the... 2 1 5 REPRESENTATION. No State, without its consent, shall be de- prived of its equal suffrage in the Senate.... 5 REPRESENTATION and direct taxation, how apportioned among the several States. [This provision is changed by the 14th amendment, section 2, on page 31]..... 1 2 3 REPRESENTATION until the first enumeration under the Constitu- tion not to exceed one for every thirty thousand. The ratio of.. 1 2 3 REPRESENTATION in any State. The executive thereof shall is- sue writs of election to fill vacancies in the.. 1 2 4 REPRESENTATION among the several States shall be according to their respective numbers, counting the whole number of per- sons in each State, excluding Indians not taxed. The ratio of. [Amendments] 14 2 But where the right to vote in certain Federal and State elections is abridged for any cause other than rebellion or other crime, the basis of representation shall be reduced. [Amendments).... 14 2 - REPRESENTATIVES. Congress shall consist of a Senate and House of .... 1 1 Qualifications of electors of members of the House of. 1 2 1 No person shall be a Representative who shall not have attained the age of twenty-five years, been seven years a citizen of the United States, and an inhabitant of the State in which he shall be chosen.. 1 2 2 And direct taxes, how apportioned among the several States. [Amended by 14th amendment, section 2, on page 31]. 1 Shall choose their Speaker and other officers. The House of... 1 Shall have the sole power of impeachment. The House of.. 1 5 Executives of the States shall issue writs of election to fill vacan- cies in the House of... 1 2 The times, places, and manner of choosing Representatives shall be prescribed by the legislatures of the States... ... 1 4 1 But Congress may at any time by law make or alter such regula- tions except as to the places of choosing Senators.... 1 4 1 And Senators shall receive a compensation, to be ascertained by law 1 6 1 Shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during attendance at the session of the House, and in going to and returning from the same. 1 6 1 Shall not be questioned in any other place for any speech or de- bate. Members of the House of..... 1 6 1 No member shall be appointed during his term to any civil office which shall have been created, or the emoluments of which shall have been increased, during such term. ... 1 6 2 No person holding any office under the United States shall, while holding such office, be a member of the House of..... 1 6 2 All bills for raising revenue shall originate in the House of.... 1 7 1 No Senator or Representative shall be an elector for President or Vice-President ... 2 1 2 REPRESENTATIVES shall be bound by an oath or affirmation to support the Constitution of the United States. The Senators and 6 - 3 NNN 1 HN cxxxvi INDEX TO THE CONSTITUTION. - 4 - - Art. Sec. CI. REPRESENTATIVES among the several States. Provisions relative to the apportionment of. (Amendments]. 14 2 REPRESENTATIVES AND SENATORS. Prescribing certain dis- qualifications for office as. [Amendments]. 14 3 But Congress may, by a vote of two-thirds of each House, remove such disqualification. [Amendments] .... .... 14 3 REPRIEVES and pardons except in cases of impeachment. The President may grant.... 2 2 1 REPRISAL. Congress shall have power to grant letters of marque and .... 1 8 11 No State shall grant any letters of marque and.. 1 10 1 REPUBLICAN form of government. The United States shall guar- antee to every State in this Union a..... 4 4 And shall protect each of them against invasion; and on the ap- plication of the legislature, or of the executive (when the legis- lature cannot be convened), against domestic violence. ... 4 4- RESERVED RIGHTS of the States and the people. The enumera- tion in the Constitution of certain rights shall not be construed to deny or disparage others j'etained by the people. [Amend- ments] .. 9 The powers not delegated to the United States by the Constitu- tion, nor prohibited by it to the States, are reserved to the States respectively, or to the people. [Amendments].... 10 RESIGNATION, or inability of the President, the duties and powers of his office shall devolve on the Vice-President. In case of the death 2 1 5 RESIGNATION, or inability of the President. Congress may by law provide for the case of the removal, death..... 2 1 5 RESOLUTION, or vote (except on a question of adjournment) re- quiring the concurrence of the two Houses shall, before it be- comes a law, be presented to the President. Every order.. 1 7 3 REVENUE shall originate in the House of Representatives. All bills for raising.... 1 7 1 REVENUE. Preference shall not be given to the ports of one State over those of another by any regulations of commerce or. 1 96 RHODE ISLAND entitled to one Representative in the first Con- gress 1 2 3 RIGHT OF PETITION. Congress shall make no law abridging the right of the people peaceably to assemble :ind to petition for the redress of grievances. [Amendments)... 1 - RIGHT TO KEEP AND BEAR ARMS. A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. [Amend- ments] 2 RIGHTS in the Constitution shall not be construed to deny or dis- parage others retained by the people. The enumeration of cer- tain. [Amendments] .. 9 RIGHTS not delegated to the United States nor prohibited to the States are reserved to the States or to the people. [Amend- ments] 10 RULES of its proceedings. Each House may determine the...... 1 5 2 RULES AND REGULATIONS respecting the territory or other property of the United States. Congress shall dispose of and make all needful.. 4 3 2 RULES OF THE COMMON LAW. All suits involving over twen- ty dollars shall be tried by jury according to the. Amend- ments] ... 7 No fact tried by a jury shall be re-examined except according to the. [Amendments] 7 - - - - - - - - INDEX TO THE CONSTITUTION. cxxxvii - 1 - - S Art. Sec. Ci. SCIENCE AND THE USEFUL ARTS hy securing to authors and inventors the exclusive right to their writings and discoveries. Congress shall have power to promote the progress of..... 1 8 8 SEARCHES AND SEIZURES shall not be violated. The right of the people to be secure against unreasonable. [Amendments]... 4 And no warrants shall be issued but upon probable cause, on oath or affirmation, describing the place to be searched and the per- sons or things to be seized. [Amendments]...... 4 SEAT OF GOVERNMENT. Congress shall exercise exclusive legis- lation in all cases over such district as may become the.... 1 8 17 SECURITIES and current coin of the United States. Congress shall provide for punishing the counterfeiting of the. 1 8 6 SECURITY OF A FREE STATE, the right of the people to keep and bear arms shall not be infringed. A well-regulated militia being necessary to the. [Amendments]... 2 SENATE AND HOUSE OF REPRESENTATIVES. The Congress of the United States shall consist of a... 1 1 — SENATE OF THE UNITED STATES. The Senate shall be com- posed of two Senators from each State, chosen by the legisla- ture for six years... 1 3 1 If vacancies happen during the recess of the legislature of a State, the executive thereof may make temporary appoint- ments until the next meeting of the legislature.. 1 3 2 The Vice-President shall be President of the Senate, but shall have no vote unless the Senate be equally divided..... 1 3 4 The Senate shall choose their other officers, and also a President pro tempore in the absence of the Vice-President or when he shall exercise the office of President.. 1 3 5 The Senate shall have the sole power to try all impeachments. When sitting for that purpose they shall be on oath or affirma- tion 1 3 6 When the President of the United States is tried the Chief Jus- tice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present.... 1 3 6 It shall be the judge of the elections, returns, and qualifications of its own members.... 1 5 1 A majority shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members.. 1 5 1 It may determine the rules of its proceedings, punish a member for disorderly behavior, and with the concurrence of two-thirds expel a member.... 1 5 2 It shall keep a journal of its proceedings and from time to time publish the same, except such parts as may in their judgment require secrecy 1 5 3 It shall not adjourn for more than three days during a session without the consent of the other House..... 1 5 4 It may propose amendments to bills for raising revenue, but such bills shall originate in the House of Representatives... 1 7 1 The Senate shall advise and consent to the ratification of all treaties, provided two-thirds of the members present concur.. 2 2 2 It shall advise and consent to the appointment of ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers not herein otherwise provided for.... 2 2 2 It may be convened by the President on extraordinary occasions.. 2 3. 1 No State, without its consent, shall be deprived of its equal suf- frage in the Senate.. 5 - 4 - - cxxxviii INDEX TO THE CONSTITUTION. Art. Sec. Ci. SENATORS. They shall, immediately after assembling, under their first election, be divided into three classes, so that the seats of one-third shall become vacant at the expiration of every second year .... 1 3 2 No person shall be a Senator who shall not be thirty years of age, nine years a citizen of the United States, and an inhabitant when elected of the State for which he shall be chosen... 1 3 3 The times, places, and manner of choosing Senators may be fixed by the legislature of a State, but Congress may by law make or alter such regulations, except as to the places of choosing... 1 4 1 If vacancies happen during the recess of the legislature of a State, the executive thereof may make temporary appointments until the next meeting of the legislature. 1 3 2 They shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of the Senate and in going to and returning from the same... 1 6 1 Senators and Representatives shall receive a compensation to be ascertained by law... 1 6 1 Senators and Representatives shall not be questioned for any speech or debate in either House in any other place.... 1 6 1 No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the United States which shall have been created, or of which the emolu- ments shall have been increased, during such term... 1 6 2 No person holding any office under the United States shall be a member of either House during his continuance in office.... 1 6 2 SENATORS. No Senator or Representative or person holding an office of trust or profit under the United States shall be an elector for President and Vice-President. 2 1 2 Senators and Representatives shall be bound by an oath or affirma- tion to support the Constitution...... 6 3 No person shall be a Senator or Representative who, having, as a Federal or State officer, taken an oath to support the Con- stitution, afterward engaged in rebellion against the United States. [Amendments] 14 3 But Congress may, by a vote of two-thirds of each House, re- move such disability. [Amendments]. (...... 14 3 SERVICE OR LABOR in one State, escaping into another State shall be delivered up to the party to whom such service or labor may be due. Fugitives from. 4 2 3 SERVITUDE, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist in the United States or any place subject to their jurisdiction. Neither slavery nor involuntary [Amendments]..... 13 1 SERVITUDE. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State, on account of race, color, or previous condition of [Amend- ments] 15 1 - SHIPS OF WAR in time of peace, without the consent of Congress. No State shall keep troops or... 1 10 3 SILVER COIN a tender in payment of debts. No State shall make anything but gold and.... 1 10 1 SLAVE. Neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or re- bellion, or any claim for the loss or emancipation of any [Amend- ments] 14 4 — SLAVERY nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist in the United States, or any places subject to their juris- diction. Neither [Amendments] ... 13 1 - - I - - - - - INDEX TO THE CONSTITUTION. cxxxix - - - - - - Art. Sec. C1. SOLDIERS shall not be quartered, in time of peace, in any house without the consent of the owner. [Amendments].. 3 SOUTH CAROLINA entitled to five Representatives in the first Con- gress ... 1 2 3 SPEAKER and other officers. The House of Representatives shall choose their ... 1 2 5 SPEECH OR OF THE PRESS. Congress shall make no law abridg- ing the freedom of [Amendments].... 1 SPEEDY AND PUBLIC trial by a jury. In all criminal prosecu- tions the accused shall have a [Amendments]..... 6 - STANDARD OF WEIGHTS and measures. Congress shall fix the .. .. 1 8 5 STATE OF THE UNION. The President shall, from time to time, give Congress information of the..... 2 3 STATE LEGISLATURES, and all executive and judicial officers of the United States, shall take an oath to support the Constitu- tion. All members of the several... .. 6 3 STATES. When vacancies happen in the representation from any State, the executive authority shall issue writs of election to fill such vacancies .... 1 2 4 Congress shall have power to regulate commerce among the sev- eral ... 1 8 3 No State shall enter into any treaty, alliance, or confederation.. 1 10 1 Shall not grant letters of marque and reprisal. 1 10 1 Shall not coin money.... 1 10 1 Shall not emit bills of credit. 1 10 1 Shall not make anything but gold and silver coin a tender in pay- ment of debts..... 1 10 1 Shall not pass any bill of attainder, ex post facto law, or law im- pairing the obligation of contracts.. 1 10 1 Shall not grant any title of nobility. 1 10 1 Shall not, without the consent of Congress, lay any duties on im- ports or exports, except what may be absolutely necessary for executing its inspection laws.... 1 10 2 Shall not, without the consent of Congress, lay any duty of ton- nage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State or with a foreign power, or engage in war unless actually invaded or in such im- minent danger as will not admit of delay... 1 10 3 Full faith and credit in every other State shall be given to the public acts, records, and judicial proceedings of each State...... 4 1 Congress shall prescribe the manner of proving such acts, records, and proceedings 4 1 Citizens of each State shall be entitled to all privileges and im- munities of citizens in the several States... 4 2 1 New States may be admitted by Congress into this Union. 4 3 1 But no new State shall be formed or erected within the jurisdic- tion of another State... 4 3 1 Nor any State formed by the junction of two or more States or parts of States, without the consent of the legislatures as well as of Congress... 4 3 1 No State shall be deprived, without its consent, of its equal suf- frage in the Senate..... 5 Three-fourths of the legislatures of the States, or conventions of three-fourths of the States, as Congress shall prescribe, may ratify amendments to the Constitution. .... 5 - The United States shall guarantee a republican form of govern- ment to every State in the Union... 4 4 They shall protect each State against invasion.. 4 4 And on application of the legislature, or the executive, (when the legislature cannot be convened,) against domestic violence...... 4 4 - - - -- - - - Il 1 cxl INDEX TO THE CONSTITUTION. - - - - - - Art. Sec. Ci, STATES-Cont'd. The ratification by nine States shall be sufficient to establish the Constitution between the States so ratifying the same. 7 When the choice of President shall devolve on the House of Rep- resentatives, the vote shall be taken by States. [Amendments] .. 12 But in choosing the President the vote shall be taken by States, the representation from each State having one vote. [Amend- ments] 12 A quorum for choice of President shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. [Amendments].... ... 12 STATES or the people. Powers not delegated to the United States, nor prohibited to the States, are reserved to the. (Amend- ments] ... 10 SUFFRAGE in the Senate. No State shall be deprived without its consent of its equal.... 5 SUITS at common law, where the value in controversy shall exceed $20, shall be tried by jury. [Amendments]..... 7 In law or equity against one of the States, by citizens of another State, or by citizens of a foreign State. The judicial power of the United States shall not extend to [Amendments]. . 11 SUPREME COURT. Congress shall have power to constitute tri- bunals inferior to the.... 1 8 9 SUPREME COURT, and such inferior courts as Congress may es- tablish. The judicial power of the United States shall be vested in one ... 3 1 — SUPREME COURT. The judges of the Supreme and inferior courts shall hold their offices luring good behavior.. 3 1 - The compensation of the judges shall not be diminished during their continuance in office. ... 3 1 - Shall have original jurisdiction. In all cases affecting ambassa- dors, other public ministers and consuls, and in which a State may be a party, the..... 3 2 2 Shall have appellate jurisdiction, both as to law and the fact, with such exceptions and regulations as Congress may make. The .. 3 2 2 SUPREME LAW of the land. This Constitution, the laws made in pursuance thereof, and the treaties of the United States, shall be the 6 2 The judges in every State shall be bound thereby 6 2 SUPPRESS insurrections and repel invasions. Congress shall pro- vide for calling forth the militia to execute the laws. 1 8 15 SUPPRESSION of insurrection or rebellion shall not be questioned. The public debt, including the debt for pensions and bounties, incurred in the [Amendments].. 14 4 - - 6 11 T 1 1 9 9 4 5 1 2 3 TAX shall be laid unless in proportion to the census or enumeration, No capitation or other direct... TAX or duty shall be laid on articles exported from any State. No.. TAXES (direct) and Representatives, how apportioned among the several States. [See 14th amendment, section 2, page 31].. TAXES, duties, imposts, and excises. Congress shall have power to lay They shall be uniform throughout the United States.. TEMPORARY APPOINTMENTS until the next meeting of the legislature. If vacancies happen in the Senate in the recess of the legislature of a State, the executive of the State shall make.. 1 1 8 8 1 1 1 3 2 INDEX TO THE CONSTITUTION. cxli - Art. Sec. Ci. TENDER in payment of debts. No State shall make anything but gold and silver coin a.... 1 10 1 TERM OF FOUR YEARS. The President and Vice-President shall hold their offices for the.. .. 2 1 1 TERM for which he is elected. No Senator or Representative shall be appointed to any office under the United States which shall have been created or its emoluments increased during the...... 1 6 2 TERRITORY or other property of the United States. Congress shall dispose of and make all needful rules and regulations respecting the. 4 3 2 TEST as a qualification for any office or public trust shall ever be re- quired. No religious 6 . 3 TESTIMONY of two witnesses to the same overt act, or on confession in open court. No person shall be convicted of treason except on the ... 3 3 1 THREE-FOURTHS OF THE LEGISLATURES of the States, or conventions in three-fourths of the States, as Congress shall pre- scribe, may ratify amendments to the Constitution... TIE. The Vice-President shall have no vote unless the Senate be equally divided 1 3 4 TIMES, PLACES, AND MANNER of holding elections for Senators and Representatives shall be prescribed in each State by the legislature thereof.. 1 4 1 But Congress may at any time by law make or alter such regula- tions, except as to the places of choosing Senators. 1 4 1 TITLE OF NOBILITY. The United States shall not grant any.. 1 9 8 No State shall grant any... 1 10 1 TITLE of any kind, from any king, prince, or foreign state, with- out the consent of Congress. No person holding any office un- der the United States shall accept of any... 1 98 TONNAGE without the consent of Congress. No State shall lay any duty of 1 10 3 TRANQUILLITY, provide for the common defense, &c. To insure domestic. [Preamble] TREASON shall consist only in levying war against the United States, or in adhering to their enemies, giving them aid and comfort 3 3 1 No person shall, unless on the testimony of two witnesses to the same overt act, or on confession in open court, be convicted of.. 3 3 1 Congress shall have power to declare the punishment of....... 3 3 2 Shall not work corruption of blood. Attainder of.. 3 3 2 Shall not work forfeiture, except during the life of the person at- tainted. Attainder of 3 3 2 TREASON, BRIBERY, or other high crimes and misdemeanors. The President, Vice-President, and all civil officers shall be re- moved from office on impeachment for and conviction of...... 2 4 1 TREASON, FELONY, AND BREACH OF THE PEACE. Sena- tors and Representatives shall be privileged from arrest while attending, or while going to or returning from the sessions of Congress, except in cases of.... 1 6 1 TREASURY, but in consequence of appropriations made by law. No money shall be drawn from the. 1 9 7 TREATIES. The President shall have power, with the advice and consent of the Senate, provided two-thirds of the Senators pres- ent concur, to make.... 2 2 2 The judicial power shall extend to all cases arising under the Con- stitution, laws, and..... 3 2 1 They shall be the supreme law of the land, and the judges in every State shall be bound thereby.... 6 - 2 - 1 NN - cxlii INDEX TO THE CONSTITUTION. - - Art. Sec. CI. TREATY, alliance, or confederation. No State shall enter into any.. 1 10 1 TRIAL, judgment, and punishment according to law. Judgment in cases of impeachment shall not extend further than to removal from, and disqualification for, office; but the party convicted shall nevertheless be liable and subject to indictment... 1 3 7 TRIAL BY JURY. All crimes, except in cases of impeachment, shall be tried by jury... 3 2 3 Such trial shall be held in the State within which the crime shall have been committed.. 3 2 3 But when not committed within a State, the trial shall be at such place as Congress may by law have directed. 3 2 3 In all criminal prosecutions the accused shall have a speedy and public. [Amendments] 6 Suits at common law, when the amount exceeds $20, shall be by [Amendments] ... 7 TRIBUNALS inferior to the Supreme Court. Congress shall have power to constitute.... 1 8 9 TROOPS or ships of war in time of peace without the consent of Congress. No State shall keep... 1 10 3 TRUST OR PROFIT under the United States, shall be an elector for President and Vice-President. No Senator, Representative, or person holding any office of.. 2 1 2 TWO-THIRDS of the members present. No person shall be con- victed on an impeachment without the concurrence of. 1 3 6 TWO-THIRDS, may expel a member. Each House, with the con- currence of 1 5 2 TWO-THIRDS. A bill returned by the President with his objections, may be repassed by each House by a vote of.... 1 7 2 TWO-THIRDS of the Senators present concur. The President shall have power, by and with the advice and consent of the Senate, to make treaties, provided.... 2 2 2 TWO-THIRDS of the legislatures of the several States. Congress shall call a convention for proposing amendments to the Con- stitution on the application of..... 5 TWO-THIRDS of both Houses shall deem it necessary. Congress shall propose amendments to the Constitution whenever... 5 TWO-THIRDS of the States. When the choice of a President shall devolve on the House of Representatives, a quorum shall con- sist of a member or members from [Amendments].... 12 TWO-THIRDS of the whole number of Senators. A quorum of the Senate, when choosing a Vice-President, shall consist of [Amendments] ... 12 TWO-THIRDS, may remove the disabilities imposed by the third section of the fourteenth amendment. Congress, by a vote of [Amendments] ... 14 3 TWO YEARS. Appropriations for raising and supporting armies shall not be for a longer term than. 1 8 12 - - 1 - .. - - U UNION. To establish a more perfect [Preamble]. The President shall, from time to time, give to Congress informa- tion of the state of the...... New States may be admitted by Congress into this... But no new State shall be formed or erected within the jurisdic- tion of another..... UNREASONABLE searches and seizures. The people shall be se- cured in their persons, houses, papers, and effects against [Amendments] 2 4 3 3 1 1 4 3 1 4 - - INDEX TO THE CONSTITUTION. . cxliii 4 - Art. Sec. Ci. UNREASONABLE searches and seizures—Cont'd. And no warrants shall be issued but upon probable cause, sup- ported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. [Amendments] UNUSUAL punishments inflicted. Excessive bail shall not be re- quired, nor excessive fines imposed, nor cruel and [Amend- ments] 8 USE without just compensation. Private property shall not be taken for public [Amendments] 5 USEFUL arts, by securing for limited times to authors and inventors the exclusive right to their writings and inventions. Congress shall have power to promote the progress of science and the.... 1 8 8 - - V VACANCIES happening in the representation of a State. The exec- utive thereof shall issue writs of election to fill... 1 2 4 VACANCIES happening in the Senate in the recess of the legislature of a State. How filled.... ... 1 3 2 VACANCIES that happen during the recess of the Senate, by grant- ing commissions which shall expire at the end of the next session. The President shall have power to fill... 2 2 3 VALIDITY of the public debt incurred in suppressing insurrection against the United States, including debt for pensions and bounties, shall not be questioned. [Amendments]. . ... 14 4 VESSELS bound to or from the ports of one State, shall not be obliged to enter, clear, or pay duties in another State... 1 9 6 VETO of a bill by the President. Proceedings of the two Houses upon the 1 7 2 VICE-PRESIDENT of the United States shall be President of the Senate 1 3 4 He shall have no vote unless the Senate be equally divided. 1 3 4 The Senate shall choose a President pro tempore in the absence of the 1 3 He shall be chosen for the term of four years. 2 1 1 The number and the manner of appointing electors for President and 2 1 2 In case of the removal, death, resignation, or inability of the President, the powers and duties of his office shall devolve on the 2 1 5 Congress may provide by law for the case of the removal, death, resignation, or inability both of the President and. 2 1 5 On impeachment for and conviction of treason, bribery, and other high crimes and misdemeanors, shall be removed from office. The .. 2 4 - VICE-PRESIDENT. THE MANNER OF CHOOSING THE. The electors shall meet in their respective States and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves. [Amend- ments] .... ... 12 The electors shall name, in distinct ballots, the person voted for as Vice-President. [Amendments] 12 They shall make distinct lists of the persons voted for as Vice- President, which lists they shall sign and certify, and send sealed to the seat of Government, directed to the President of the Senate. [Amendments] .... 12 The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall be then counted. [Amendments]. . ... 12 1 - 11 - - 1 - - - - cxliv INDEX TO THE CONSTITUTION. - - ... — - - - Art. Sec. CI. VICE-PRESIDENT. THE MANNER OF CHOOSING THE-Cont'd. The person having the greatest number of votes shall be Vice- President, if such number be a majority of the whole number of electors. [Amendments] 12 If no person have a majority, then from the two highest numbers on the list the Senate shall choose the Vice-President. [Amend- ments] ... ... 12 A quorum for this purpose shall consist of two-thirds of the whole number of Senators; and a majority of the whole number shall be necessary to a choice. [Amendments].... 12 But if the House shall make no choice of a President before the 4th of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. [Amendments].... 12 No person constitutionally ineligible as President shall be eligible as. [Amendments] ... 12 VIOLENCE. The United States shall guarantee to every State a re- publican form of government, and shall protect each State against invasion and domestic.... 4 4 VIRGINIA entitled to ten Representatives in the first Congress. 1 2 3 VOTE. Each Senator shall have one.. 1 3 1 The Vice-President, unless the Senate be equally divided, shall have no ... 3 4 VOTE requiring the concurrence of the two Houses (except upon a question of adjournment) shall be presented to the President. Every order, resolution, or..... ... 1 7 3 VOTE, shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. The right of citizens of the United States to. [Amendments] 15 1 VOTE OF TWO-THIRDS. Each House may expel a member by a.. 1 52 A bill vetoed by the President may be repassed in each House by a 1 7 2 No person shall be convicted on an impeachment except by a.... 1 3 6 Whenever both Houses shall deem it necessary, Congress may propose amendments to the Constitution by a.. 5 The President may make treaties with the advice and consent of the Senate, by a..... 2 2 2 Disabilities incurred by participation in insurrection or rebellion, may be relieved by Congress by a [Amendments]... 14 3 1.9 1 - - - W 1 8 11 1 8 14 1 10 3 WAR, grant letters of marque and reprisal, and make rules concerning captures on land and water. Congress shall have power to de- clare For governing the land and naval forces. Congress shall have power to make rules and articles of. No State shall, without the consent of Congress, unless actually invaded, or in such imminent danger as will not admit of de- lay, engage in..... WAR against the United States, adhering to their enemies, and giv- ing them aid and comfort. Treason shall consist only in levying.. WARRANTS shall issue but upon probable cause, on oath or affirma- tion, describing the place to be searched, and the person or things to be seized. No [Amendments]..... WEIGHTS AND MEASURES. Congress shall fix the standard of.. WELFARE and to secure the blessings of liberty, &c. To promote the general. [Preamble].... 3 3 1 4 - | 1 8 5 - - INDEX TO THE CONSTITUTION. cxly - - - Art. Sec. Ci. WELFARE. Congress shall have power to provide for the common defense and general.... 1 8 1 WITNESS against himself. No person shall, in a criminal case, be compelled to be a [Amendments).. WITNESSES against him. In all criminal prosecutions the accused shall be confronted with the [Amendments]. 6 WITNESSES in his favor. In all criminal prosecutions the accused shall have compulsory process for obtaining [Amendments].... 6 WITNESSES to the same overt act, or on confession in open court. No person shall be convicted of treason unless on the testimony of two 3 3 1 WRIT OF HABEAS CORPUS shall not be suspended unless in case of rebellion or invasion the public safety may require it... 1 9 2 WRITS of election to fill vacancies in the representation of any State. The executives of the State shall issue... 1 2 4 WRITTEN opinion of the principal officer in each of the Executive Departments on any subject relating to the duties of his office. The President may require the... 2 2 1 Y 1 5 3 YEAS AND NAYS of the members of either House shall, at the de- sire of one-fifth of those present, be entered on the journals... The votes of both Houses upon the reconsideration of a bill re- turned by the President with his objections shall be determined by VOL.1 LAWS '01- + 1 7 2 THE COMPILED STATUTES OF THE UNITED STATES 1901 VOLUME 1 LAWS '01-1 (1)* TITLE I.* GENERAL PROVISIONS. Chap. 1. Definitions.. 2. Form [and enactment] of statutes and effect of repea's. Sec. 1 7 Page 3 5 eco CHAPTER ONE. Definitions. Sec. 1. Definitions. 2. County. 3. Vessel. Sec. 4. Vehicle. 5. Company; association. 6. Seal. Sec. 1. Definitions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, In determining the meaning of the revised statutes, or of any act or resolution of Con- gress passed subsequent to February twenty-fifth, eighteen hundred and seventy-one, words importing the singular number may extend and be applied to several persons or things; words importing the plural number inay include the singular; words importing the mas- culine gender may be applied to females; the words "insane person” and "lunatic” shall include every idiot, non compos, lunatic, and insane person; the word "person” may extend and be applied to partnerships and corporations, and the reference to any officer shall include any person authorized by law to perform the duties of such office, unless the context shows that such words were intended to be used in a more limited sense; and a requirement of an "oath" shall be deemed complied with by making affirmation in judicial form. Act Feb. 25, 1871, c. 71, $ 2, 16 Stat. 431. Act July 13, 1866, c. 184, $ 44, 14 Stat. 163. Act June 30, 1864, c. 173, $$ 82, 126, 13 Stat. 258, 287. Act July 20, 1868, c. 186, § 104, 15 Stat. 166. Similar provisions as to the meaning and application of the words men- * The Revised Statutes of the United States were enacted by the Forty-Third Congress, at the first session, and approved June 22, 1874. The act is entitled "An Act to Revise and Consolidate the Statutes of the United States, in Force on the First Day of December, Anno Domini One Thousand Eight Hundred and Seventy- Three." The various acts providing for the compilation, adoption, and publication of the Revised Statutes and the successive Supplements thereto, and for the publication of the Statutes at Large, are set forth in the Appendix. (3) 4 (Secs. 2-6 Tit. 1- GENERAL PROVISIONS--Ch. 1. tioned in this section, and of other terms, when used in particular titles, chapters, or sections of the Revised Statutes, or in subsequent acts, are contained in the respective titles, chapters, etc., especially under Title XXXIII, “Duties upon Imports," Title XXXIV, "Collection of Duties upon Imports,” Title XXXV, "Internal Revenue," Title LXI, "Bank- ruptcy," Title LXX, "Crimes." Sec. 2. County, The word "county" includes a parish, or any other equivalent subdivision of a State or Territory of the United States. Act July 13, 1866, c. 184, $ 9, 14 Stat. 98, 110. Sec. 3. Vessel. The word "vessel” includes every description of water-craft or other artificial contrivance used, or capable of being used, as a means of transportation on water. Act July 18, 1866, c. 201, § 1, 14 Stat. 178. Act June 29, 1870, c. 169, $ 7, 16 Stat. 170. Sec. 4. Vehicle. The word "vehicle” includes every description of carriage or other artificial contrivance used, or capable of being used, as a means of transportation on land. Act July 18, 1866, c. 201, § 1, 14 Stat. 178. Sec. 5. Company; association. The word "company" or "association,” when used in reference to a corporation, shall be deemed to embrace the words “successors and assigns of such company or association,” in like manner as if these last-named words, or words of similar import, were expressed. Act July 25, 1866, c. 242, 89, 14 Stat. 241. Sec. 6. Seal. In all cases where a seal is necessary by law to any commission, process, or other instrument provided for by the laws of Congress, it shall be lawful to affix the proper seal by making an impression therewith directly on the paper to which such seal is necessary; which shall be as valid as if made on wax or other adhesive sub- stance. Act May 31, 1854, c. 60, $ 2, 10 Stat. 297. Secs. 7-11) 5 Tit. 14GENERAL PROVISIONS--Ch. 2. CHAPTER TWO. Form [and Enactment] of Statutes and Effect of Repeals. Sec. 7. Enacting clause. 8. Resolving clause. 9. No enacting words after first sec- tion. 10. Numbering and frame of sections. 11. Title of appropriation acts. Sec. Act March 2, 1895, c. 177, 8 1. Engrossing and enrolling of bills and joint resolutions. 12. Repeal not to revive former act. 13. Repeals not to affect liabilities, un- less, etc. Sec. 7. Enacting clause. The enacting clause of all acts of Congress hereafter enacted shall be in the following form: “Be it enacted by the Senate and House of Representatives of the United States of America in Con- gress assembled.” Act Feb. 25, 1871, c. 71, § 1, 16 Stat. 431. Sec. 8. Resolving clause. The resolving clause of all joint resolutions shall be in the follow- ing form: “Resolved by the Senate and House of Representatives of the United States of America in Congress assembled.' Act Feb. 25, 1871, c. 71, 8 1, 16 Stat. 431. Sec. 9. No enacting words after first section. No enacting or resolving words shall be used in any section of an act or resolution of Congress except in the first. Act Feb. 25, 1871, c. 71, § 1, 16 Stat. 431, Sec. 10. Numbering and frame of sections. Each section shall be numbered, and shall contain, as nearly as may be, a single proposition of enactment. Act Feb. 25, 1871, c. 71, § 1, 16 Stat. 431. Sec. 11. Title of appropriation acts. The style and title of all acts making appropriations for the sup- port of Government shall be as follows: “An act making appro- priations, (here insert the object) for the year ending June thirtieth (here insert the calendar year.) Act Aug. 26, 1842, c. 207, 82, 5 Stat. 537. 6 (Secs. 11-13 Tit. 1-GENERAL PROVISIONS—Ch. 2. ACT MARCH 2, 1895, c. 177, 8 1. Engrossing and enrolling of bills and joint resolutions. That hereafter the engrossing and enrolling of bills and joint res- olutions of either House of Congress shall be done in accordance with the concurrent resolution adopted by the Fifty-third Congress at its first session, November first, eighteen hundred and ninety- three: Provided, That during the last six days of a session such engrossing and enrolling of bills and joint resolutions may be done otherwise than as prescribed in said concurrent resolution, upon the order of Congress by concurrent resolution. Act March 2, 1895, c. 177, § 1, 28 Stat. 769. The concurrent resolution referred to in this provision is as follows: “Resolved by the House of Representatives (the Senate concurring), That, beginning with the first day of the regular session of the Fifty- third Congress, to wit, the first Monday in December, 1893, in lieu of being engrossed, every bill and joint resolution in each House of Congress at the stage of the consideration at which a bill or joint resolution is at present engrossed, shall be printed, and such printed copy shall take the place of what is now known as, and shall be called, the engrossed bill, or resolution, as the case may be; and it shall be dealt with in the same manner as engrossed bills and joint resolutions are dealt with at pres- ent, and shall be sent in printed form, after passing, to the other House, and in that form shall be dealt with by that House, and its officers in the same manner in which engrossed bills and joint resolutions are now dealt with. “Resolved, That when such bill or joint resolution shall have passed both Houses it shall be printed on parchment, which print shall be in lien of what is now known as, and shall be called, the enrolled bill, or joint resolution, as the case may be, and shall be dealt with in the same manner in which enrolled bills and joint resolutions are now dealt with. "Resolved, That the Joint Committee on Printing is hereby charged with the duty of having the foregoing resolutions properly executed, and is empowered to take such steps as may be necessary to carry them into effect, and provide for the speedy execution of the printing herein contem- plated.” Res. Nov. 1, 1893, 28 Stat. Appendix, 5. Sec. 12. Repeal not to revive former act. Whenever an act is repealed, which repealed a former act, such former act shall not thereby be revived, unless it shall be expressly so provided. Act Feb. 25, 1871, c. 71, $ 3, 16 Stat. 431. Sec. 13. Repeals not to affect liabilities, unless, etc. The repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the repealing act shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability. Act Feb. 25, 1871, c. 71, $ 4, 16 Stat. 432. TITLE II. THE CONGRESS. Chap. Sec. 1. Election of Senators.... 14 2. Apportionment and election of Representatives. 20 3. Organization of meetings of Congress... 4. Compensation of Members.... 35 5. Officers and persons in the employ of the Senate and House of Representatives.... 52 6. The Library of Congress.. 80 7. Congressional investigations.. 101 8. Contested elections...... 105 Page 7 9 13 15 28 جی ہے 23 46 54 58 ... CHAPTER ONE. Election of Senators. Sec. 14. When Senators to be elected. 15. Mode of election. 16. Vacancy occurring before meeting of legislature. Sec. 17. Vacancy during session of legisla- ture. 18. Election of Senators certified. 19. Countersign of certificate. Sec. 14. When Senators to be elected. The legislature of each State which is chosen next preceding the expiration of the time for which any Senator was elected to repre- sent such State in Congress shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a Senator in Congress. Act July 25, 1866, c. 245, § 1, 14 Stat. 243. Sec. 15. Mode of eleotion. Such election shall be conducted in the following manner: Each house shall openly, by a viva-voce vote of each member present, name one person for Senator in Congress from such State, and the name of the person so voted for, who receives a majority of the whole number of votes cast in each house, shall be entered on the journal of that house by the clerk or secretary thereof; or if either house fails to give such majority to any person on that day, the fact shall be entered on the journal. At twelve o'clock meridian of the day following that on which proceedings are required to take place as aforesaid, the members of the two houses shall convene in joint (7) 8. (Secs. 16-19 Tit. 2—THE CONGRESS-Ch. 1. assembly, and the journal of each house shall then be read, and if the same person has received a majority of all the votes in each house, he shall be declared duly elected Senator. But if the same person has not received a majority of the votes in each house, or if either house has failed to take proceedings as required by this sec- tion, the joint assembly shall then proceed to choose, by a viva-voce vote of each member present, a person for Senator, and the person who receives a majority of all the votes of the joint assembly, a ma- jority of all the members elected to both houses being present and voting, shall be declared duly elected. If no person receives such majority on the first day, the joint assembly shall meet at twelve o'clock meridian of each succeeding day during the session of the legislature, and shall take at least one vote, until a Senator is elected. Act July 25, 1866, c. 245, § 1, 14 Stat. 243. Sec. 16. Vacancy occurring before meeting of legislature. Whenever on the meeting of the legislature of any State a vacancy exists in the representation of such State in the Senate, the legisla- ture shall proceed, on the second Tuesday after meeting and or- ganization, to elect a person to fill such vacancy, in the manner pre- scribed in the preceding section for the election of a Senator for a full term. Act July 25, 1866, c. 245, $ 2, 14 Stat. 243. Sec. 17. Vacancy during session of legislature. Whenever during the session of the legislature of any State a va- cancy occurs in the representation of such State in the Senate, similar proceedings to fill such vacancy shall be had on the second Tuesday after the legislature has organized and has notice of such vacancy. Act July 25, 1866, c. 245, § 2, 14 Stat. 243. Sec. 18. Election of Senators certified. It shall be the duty of the executive of the State from which any Senator has been chosen, to certify his election, under the seal of the State, to the President of the Senate of the United States. Act July 25, 1866, c. 245, 8 3, 14 Stat. 244. Sec. 19. Countersign of certificate. The certificate mentioned in the preceding section shall be counter- signed by the secretary of state of the State. Act July 23, 1866, c. 245, § 3, 14 Stat. 244. Sec. 20) 9 Tit. 2—THE CONGRESS—Ch. 2. CHAPTER TWO. Apportionment and Election of Representatives. Sec. 20. [Superseded.] Act Jan. 16, 1901, c. 93. 1. Number of Representatives, and apportionment. 2. Representatives from new States. 3. Districts. 4. Elections where increase of Repre- sentatives. 5. Repeal. 21. [Superseded.] Sec. 22. Reduction of representation under amendment 14. 23. [Superseded.] 24. [Repealed.] 25. Time of election. Act March 3, 1875, c. 130, $ 6. Time for election of Representatives not to apply to certain States. 26. Vacancies. 27. Votes by ballot (or voting machine]. Sec. 20. [Superseded. Act Jan. 16, 1901, c. 93, § 1.) This section prescribed the number and apportionment of Representa- tives, which are changed by subsequent apportionments, the last of which is contained in Act Jan. 16, 1901, c. 93, § 1, set forth below. I2 ACT JAN. 16, 1901, c. 93. An Act Making an Apportionment of Representatives in Congress among the Several States under the Twelfth Census (31 Stat. 733). Number of Representatives, and apportionment. Be it enacted, etc., That after the third day of March, nineteen hundred and three, the House of Representatives shall be composed of three hundred and eighty-six members, to be apportioned among the several States as follows: Alabama 9 Massachusetts 14 Arkansas 7 Michigan California 8 Minnesota 9 Colorado 3 Mississippi 8 Connecticut 5 Missouri 16 Delaware Montana Florida 3 Nebraska 6 Georgia Nevada Idaho New Hampshire Illinois 25 New Jersey. Indiana 13 New York 37 Iowa II North Carolina Kansas 8 North Dakota Kentucky Ohio Louisiana 7 Oregon Maine 4 Pennsylvania 32 Maryland 6 Rhode Island . I I I II I 2 ΙΟ . IO 2 . . II 21 • . 2 2 10 (Sec. 20 Tit. 2—THE CONGRESS—Ch. 2. South Carolina 7 Virginia IO South Dakota 2 Washington 3 Tennessee IO West Virginia 5 Texas 16 Wisconsin II Utah Ι Wyoming I Vermont 2 Act Jan. 16, 1901, c. 93, § 1, 31 Stat. 733. The apportionment of Representatives in Congress among the several States, incorporated in Rev. St. § 20, as originally made, under the Ninth Census, by Act Feb. 2, 1872, c. 11, 17 Stat. 28, was superseded by a new apportionment, under the Tenth Census, by Act Feb. 25, 1882, c. 20, 22 Stat. 5; and that, by the subsequent apportionment under the Eleventh Census, by Act Feb. 7, 1891, c. 116, 26 Stat. 735; which, in turn, was superseded by the existing apportionment, under the Twelfth Census, by Act Jan. 16, 1901, set forth above. In like manner, Rev. St. $ 21, relat- ing to Representatives of new States, and Rev. St. $ 23, providing for election of Representatives by districts, were superseded by provisions to the same effect in Act Feb. 25, 1882, which were repeated in substance in each of the subsequent apportionment acts, and are now contained in Act Jan. 16, 1901, c. 93, 98 2-4. As each act expressly repealed all acts and parts of acts inconsistent therewith, the provisious of the acts of 1882 and 1891, as well as those of Rev. St. $$ 20, 21, 23, are omitted, and the act of 1901 is included as the only law in force on the subjects covered by it. Representatives from new States. Sec. 2. That whenever a new State is admitted to the Union tlie Representative or Representatives assigned to it shall be in addition to the number three hundred and eighty-six. Act Jan. 16, 1901, c. 93, & 2, 31 Stat. 734. This section supersedes Rev. St. $ 21. Districts. Sec. 3. That in each State entitled under this apportionment, the number to which such State may be entitled in the Fifty-eighth and each subsequent Congress shall be elected by districts composed of contiguous and coinpact territory and containing as nearly as practi- cable an equal number of inhabitants. The said districts shall be equal to the number of the Representatives to which such State may be entitled in Congress, no one district electing more than one Representative. Act Jan. 16, 1901, c. 93, § 3, 31 Stat. 734. This section supersedes in part Rev. St. § 23. Elections where increase of Representatives. Sec. 4. That in case of an increase in the number of Representa- tives which may be given to any State under this apportionment such additional Representative or Representatives shall be elected by the State at large, and the other Representatives by the districts now prescribed by law until the legislature of such' State in the manner herein prescribed, shall redistrict such State; and if there be no increase in the number of Representatives from a State the Representatives thereof shall be elected from the districts now pre- scribed by law until such State be redistricted as herein prescribed by the legislature of said State; and if the number hereby provided for shall in any State be less than it was before the change hereby Secs. 20–25) 11 Tit. 2—THE CONGRESS—Ch. 2. made, then the whole number to such State hereby provided for shall be elected at large, unless the legislatures of said States have provided or shall otherwise provide before the time fixed by law for the next election of Representatives therein. Act Jan. 16, 1901, c. 93, $ 4, 31 Stat. 734. This section supersedes in part Rev. St. § 23. Repeal. Sec. 5. That all Acts and parts of Acts inconsistent with this Act are hereby repealed. Act Jan. 16, 1901, c. 93, § 5, 31 Stat. 734. See note under section 1 of this act as to extent of repeal. Sec. 21. [Superseded. Act Jan. 16, 1901, C. 93, § 2.] This section provided for additional Representatives from new States admitted to the Union. It is superseded by the similar provision of Act Jan. 16, 1901, c. 93, § 2, ante, under Rev. St. $ 20. Sec. 22. Reduction of representation under amendment 14. Should any State deny or abridge the right of any of the male inhabitants thereof, being twenty-one years of age, and citizens of the United States, to vote at any election named in the amendment to the Constitution, article fourteen, section two, except for partic- ipation in the rebellion or other crime, the number of representatives apportioned to such State shall be reduced in the proportion which the number of such male citizens shall have to the whole number of male citizens twenty-one years of age in such State. Act Feb. 2, 1872, c. 11, § 6, 17 Stat. 29. Sec. 23. [Superseded. Act Jan. 16, 1901, C. 93, $$ 3, 4.] This section provided for the election of Representatives by districts in each State. It is superseded by the similar provisions of Act Jan. 16, 1901, c. 93, 88 3, 4, ante, under Rev. St. $ 20. Sec. 24. [Repealed. Act May 21, 1874, c. 187.] This section incorporated the provision of Act March 3, 1873, c. 239, 17 Stat. 578, fixing the time for the election in the year 1874 of Rep- resentatives from the State of California to the Forty-Fourth Congress, That act was repealed by Act May 21, 1874, c. 187, 18 Stat. 48, which, though passed before the enactment of the Revised Statutes, took effect, by virtue of Rev. St. § 5601, as a subsequent statute, repealing any por- tion of the revision inconsistent therewith. Sec. 25. Time of election. The Tuesday next after the first Monday in November, in the year eighteen hundred and seventy-six, is established as the day, in each of the States and Territories of the United States, for the elec- 12 (Secs. 25-27 Tit. 2-THE CONGRESS—Ch. 2. tion of Representatives and Delegates to the Forty-fifth Congress; and the Tuesday next after the first Monday in November, in every second year thereafter, is established as the day for the election, in each of said States and Territories, of Representatives and Dele- gates to the Congress commencing on the fourth day of March next thereafter. Act Feb. 2, 1872, c. 11, $ 3, 17 Stat. 28. This section was modified, so as not to apply to certain states, by a pro- vision of Act March 3, 1875, c. 130, $ 6, set forth below. ACT MARCH 3, 1875, c. 130, $ 6. Time for election of Representatives not to apply to certain States. That section twenty-five of the Revised Statutes prescribing the time for holding elections for Representatives to Congress, is hereby modified so as not to apply to any State that has not yet changed its day of election, and whose constitution must be amended in order to effect a change in the day of the election of State officers in said State. Act March 3, 1875, c. 130, 8 6, 18 Stat. 400. Sec. 26. Vacancies. The time for holding elections in any State, District, or Territory for a Representative or Delegate to fill a vacancy, whether such vacancy is caused by a failure to elect at the time prescribed by law, or by the death, resignation, or incapacity of a person elected, may be prescribed by the laws of the several States and Territories respectively. Act Feb. 2, 1872, c. 11, § 4, 17 Stat. 29. Sec. 27. [As amended 1899.] Votes by ballot (or voting machine]. All votes for Representatives in Congress must be by written or printed ballot, or voting machine the use of which has been duly authorized by the State law; and all votes received or recorded contrary to this section shall be of no effect. Act Feb. 28, 1871, c. 99, $ 19, 16 Stat. 440. Act May 30, 1872, c. 239, 17 Stat. 192. Act Feb. 14, 1899, c. 154, 30 Stat. 836. This section is amended by Act Feb. 14, 1899, cited above, by inserting, after the word "ballot," the words, "or voting machine the use of which has been duly authorized by the State law," and omitting a clause at the end of the section as originally enacted, which suspended temporarily the application of the section to certain States. Provisions defining and punishing offenses in connection with the elec. tion of Representatives or Delegates in Congress are contained in Rer. St. $8 5511-5515, 5520. Secs. 28-29) 13 Tit. 2—THE CONGRESS—Ch. 3. CHAPTER THREE. Organization of Meetings of Congress. Sec. 28. Oath of Senators. 29. Oath of President of the Senate. Act April 18, 1976, c. 66. 1. Oath of Senators, etc., may be ad- ministered by Presiding Officer. 2. Oath of officers of senate and wit- nesses may be administered by secretary of Senate or Chief Clerk. Sec. 30. Oath of Speaker, members, and delegates. 31. Roll of Representatives-elect. 32. When roll made by Sergeant-at- Arms. 33. When by Door-keeper. 34. President may change place of meeting, when. Sec. 28. Oath of Senators. The oath of office shall be administered by the President of the Senate to each Senator who shall hereafter be elected, previous to his taking his seat. Act June 1, 1789, c. 1, § 2, 1 Stat. 23. All oaths or affirmations required by the Constitution, or by law, to be taken by any Senator, may be administered by the Presiding Officer, for the time being, of the Senate. Act April 18, 1876, c. 66, § 1, post, under $29. Provisions as to oaths of office in general are contained in Rev. St. $$ 1756–1759. Sec. 29. Oath of President of the Senate. When a President of the Senate has not taken the oath of office, it shall be administered to him by any member of the Senate. Act June 1, 1789, c. 1, § 2, 1 Stat. 23. ACT APRIL 18, 1876, c. 66. An Act further to Provide for the Administering of Oaths in the Senate. (19 Stat. 34.) Oath of Senators, etc., may be administered by Presiding Officer. Be it enacted, &c., That the Presiding Officer, for the time being, of the Senate of the United States, shall have power to administer all oaths and affirmations that are or inay be required by the Consti- tution, or by law, to be taken by any Senator, officer of the Senate, witness, or other person, in respect to any matter within the juris- diction of the Senate. Act April 18, 1876, c. 66, § 1, 19 Stat. 34. Oath of officers of Senate and witnesses may be administered by Sec- retary of Senate or Chief Clerk. Sec. 2. That the Secretary of the Senate, and the chief clerk there- of, shall, respectively, have power to administer any oath or affirma- 14 (Secs. 29–33 Tit. 2-THE CONGRESS—Ch. 3. tion required by law, or by the rules or orders of the Senate, to be taken by any officer of the Senate, and to any witness produced before it. Act April 18, 1876, c. 66, 19 Stat. 34. Further provisions for administration of oaths to witnesses in congress- ional investigations are made by Rev. St. § 101, and Act June 26, 1884, c. 123, under that section. Sec. 30. Oath of Speaker, members, and delegates. At the first session of Congress after every general election of Representatives, the oath of office shall be administered by any mem- ber of the House of Representatives to the Speaker; and by the Speaker to all the members and delegates present, and to the Clerk, previous to entering on any other business; and to the members and delegates who afterward appear, previous to their taking their seats. Act June 1, 1789, c. 1, § 2, 1 Stat. 23. Sec. 31. Roll of Representatives-elect. Before the first meeting of each Congress the Clerk of the next preceding House of Representatives shall make a roll of the Rep- resentaiives-elect, and place thereon the names of those persons, and of such persons only, whose credentials show that they were reg- ularly elected in accordance with the laws of their States respectively, or the laws of the United States. Act Feb. 21, 1867, c. 56, § 1, 14 Stat. 397. Act March 3, 1863, c. 108, 12 Stat. S04. Sec. 32. When roll made by Sergeant-at-Arms. In case of a vacancy in the office of Clerk of the House of Rep- resentatives, or of the absence or inability of the Clerk to discharge the duties imposed on him by law or custom relative to the prepara- tion of the roll of Representatives or the organization of the House, those duties shall devolve on the Sergeant-at-Arms of the next pre- ceding House of Representatives. Act Feb. 21, 1867, c. 56, § 2, 14 Stat. 397. Sec. 33. When by Door-keeper. In case of vacancies in the offices of both the Clerk and the Ser- geant-at-Arms, or of the absence or inability of both to act, the duties of the Clerk relative to the preparation of the roll of the House of Representatives or the organization of the House shall be performed by the Door-keeper of the next preceding House of Rep- resentatives. Act Feb. 21, 1867, c. 56, § 2, 14 Stat. 397. Secs. 34-35) 15 Tit. 2—THE CONGRESS—Ch. 4. Sec. 34. President may change place of meeting, when. Whenever Congress is about to convene, and from the prevalence of contagious sickness, or the existence of other circumstances, it would, in the opinion of the President, be hazardous to the lives or health of the members to meet at the seat of Government, the Pres- ident is authorized, by proclamation, to convene Congress at such other place as he may judge proper. Act April 3, 1794, c. 17, 1 Stat. 353. In case of the prevalence of a contagious or epidemic disease at the seat of Government, the President may direct the removal of the public offices to another place, by Rev. St. § 4798. CHAPTER FOUR. Compensation of Members. Sec. Sec. 35. Salaries of members of Congress. 45. Salary in lieu of all allowances, ex- Act Jan. 20, 1874, c. 11. cept traveling. Repeal of law increasing salaries. 46. Mode of payment. 36. Compensation of President of the 47. Certificate of salary and accounts. Senate. Act Aug. 15, 1876, c. 287, § 1. 37. Salary of Speaker of the House. Certificate of salary of Representa- Act March 3, 1883, c. 143, § 1. tive during recess of Congress. Salary of Senators-elect who have 48. Effect of certificate. not qualified. 49. Pay of member dying after com- 38. Salary payable monthly to Repre- mencement of a Congress. sentatives and Delegates elect. 50. Limits of the rule. Act March 3, 1875, c. 130, § 1. 51. Pay of members elected to fill va- Salary of Representatives and Dele- cancies. gates elect whose election is con- Act July 31, 1894, c. 174, $ 1. tested. Salaries of Senators to commence on 39. Salary payable monthly after tak- date of election or appointment. ing oath. Act March 2, 1895, c. 177, $ 1. 40. Deductions for absence. Clerks to Senators. 41. Deductions for withdrawal from Res. March 3, 1893, No. 21. seat. Clerks to Representatives not chair- 42. Deductions for books. men of committees. 43. Newspapers. Act July 7, 1898, c. 571, $ 1. 44. Postage. Clerks to Representatives who are chairmen of committees. Sec. 35. Salaries of members of Congress. Each Senator, Representative, and Delegate is entitled to a salary (except as to the Speaker) of seven thousand five hundred dollars a year. Act March 3, 1873, c. 226, § 1, 17 Stat. 486. Salaries of Senators, Representatives, and Delegates were reduced to $5,000 each by the provisions of Act Jan. 20, 1874, c. 11, set forth below. 16 (Secs. 35-37 Tit. 2-THE CONGRESS-Ch. 4. ACT JAN. 20, 1874, c. 11. An Act Repealing the Increase of Salaries of Members of Con- gress, and Other Officers. (18 Stat. 4.) Repeal of law increasing salaries. Be it enacted, &c., That so much of the act of March third, eigh- teen hundred and seventy-three, entitled "An act making appropria- tions for legislative, executive, and judicial expenses of the Govern- ment for the year ending June thirtieth, eighteen hundred and sev- enty-four," as provides for the increase of the compensation of pub- lic officers and employees, whether members of Congress, Delegates, or others, except the President of the United States and the Justices of the Supreme Court, be, and the same is hereby, repealed, and the salaries, compensation, and allowances of all said persons, ex- cept as aforesaid, shall be as fixed by the laws in force at the time of the passage of said act: * [The remainder of this act is tem- porary and executed.] Act Jan. 20, 1874, c. 11, 18 Stat. 4. The provisions of the legislative, executive, and judicial appropriation act of March 3, 1873, c. 226, § 1, 17 Stat. 485, which are referred to and repealed by this act, increased the compensation of the President, the Vice President, the Justices of the Supreme Court, the heads and assist- ant secretaries of the Executive Departments, Senators, Representatives, and Delegates in Congress, and officers, clerks, and others in the employ of the Senate and House of Representatives. These provisions were in- corporated in the Revised Statutes, in the numerous sections which set forth the salaries of the different officers as thereby established. The above repealing act of Jan. 20, 1874, though passed before the enactment of the Revised Statutes, took effect, by virtue of Rev. St. § 5601, as a subsequent statute, repealing any portion of the revision inconsistent therewith. In the second edition of the Revised Statutes (1878) tables are printed on pages 1093-1097, showing the salaries affected by this act, so far as they appeared on the books of the First Comptroller of the Treasury, with the amount of each before and after the passage of the act. These tables are reprinted in the Appendix. To these should be added the Capi- tol police, who are paid out of the contingent funds of the two houses of Congress, in accordance with appropriations made from year to year. Rev. St. $8 1821, 1822. The number and salaries of the officers and per- sons in the employ of the Senate and House of Representatives are fixed, in like manner, from year to year, by provisions of the annual appropria- tion acts. See note under Rev. St. $ 52. Sec. 36. Compensation of President of the Senate. Whenever there is no Vice-President, the President of the Senate for the time being is entitled to the compensation provided by law for the Vice-President. Act Aug. 16, 1856, c. 123, & 2, 11 Stat. 48. Sec. 37. Salary of Speaker of the House. The Speaker of the House of Representatives is entitled to re- Secs. 37–38) 17 Tit. 2—THE CONGRESS--Ch. 4. ceive, in full for all his services, compensation at the rate of ten thousand dollars a year. Act March 3, 1873, c. 226, § 1, 17 Stat. 486. The salary of the Speaker of the House of Representatives was reduced to $8,000 by Act Jan. 20, 1874, c. 11, ante, under Rev. St. $ 35. ACT MARCH 3, 1883, c. 143, § 1. Salary of Senators-elect who have not qualified. That Senators elected, whose term of office begins on the fourth day of March, and whose credentials in due form of law shall have been presented in the Senate, but who have had no opportunity to be qualified, may receive their compensation monthly, from the be- ginning of their term, until there shall be a session of the Senate. Act March 3, 1883, c. 143, § 1, 22 Stat. 632. Sec. 38. Salary payable monthly to Representatives and Delegates elect. Representatives and Delegates elect to Congress, whose creden- tials in due form of law have been duly filed with the Clerk of the House of Representatives, in accordance with the provisions of sec- tion thirty-one, may receive their compensation monthly, from the beginning of their term until the beginning of the first session of each Congress, upon a certificate in the form now in use to be signed by the Clerk of the House, which certificate shall have the like force and effect as is given to the certificate of the Speaker; but, in case the Clerk of the House of Representatives shall be notified that the election of any such holder of a certificate of election will be con- tested, his name shall not be placed upon the roll of members-elect so as to entitle him to be paid, until he shall have been sworn in as a member, or until such contest shall be determined. Act March 3, 1873, c. 226, § 1, 17 Stat. 488. So much of this section as requires the Clerk of the House of Rep- resentatives to omit from the pay roll of Representatives and Dele- gates elect to Congress those holders of legal certificates whose elec- tion he may be notified will be contested was repealed by a provision of Act March 3, 1875, c. 130, § 1, set forth below. ACT MARCH 3, 1875, c. 130, $ 1. Salary of Representatives and Delegates elect whose election is con- tested. That so much of section thirty-eight of the Revised Statutes as requires the Clerk of the House of Representatives to omit from the pay-roll of Representatives and Delegates elect to Congress those holders of legal certificates whose election he may be notified will be contested be, and the same hereby is repealed. Act March 3, 1875, C. 130, § 1, 18 Stat. 389. Allowances to contestants and contestees of seats in the House of Representatives, for expenses in election contests, are limited and reg- ulated by provisions of Act March 3, 1879, c. 182, § 1, post, under Rev. St. S 130. LAWS '01-2 18 (Secs. 39–43 Tit. 2-THE CONGRESS —Ch. 4. Sec. 39. Salary payable monthly after taking oath. Each member and delegate, after he has taken and subscribed the required oath, is entitled to receive his salary at the end of each month. Res. March 29, 1867, No. 18, 15 Stat. 24. Sec. 40. Deductions for absence. The Secretary of the Senate and Sergeant-at-Arms of the House, respectively, shall deduct from the monthly payments of each mem- ber or delegate the amount of his salary for each day that he has been absent from the Senate or House, respectively, unless such member or delegate assigns as the reason for such absence the sick- ness of himself or of some member of his family. Act Aug. 16, 1856, c. 123, § 6, 11 Stat. 49. Sec. 41. Deductions for withdrawal from seat. When any member or delegate withdraws from his seat and does not return before the adjournment of Congress, he shall, in addition to the sum deducted for each day, forfeit a sum equal to the amount which would have been allowed by law for his traveling expenses in returning home; and such sum shall be deducted from his com- pensation, unless the withdrawal is with the leave of the Senate or House of Representatives respectively. Res. July 17, 1862, No. 68, § 2, 12 Stat. 628. Sec. 42. Deductions for books. When any book is ordered to and received by any member or del- egate, by a resolution of either or both Houses of Congress, the price paid for the same shall be deducted from the compensation of such member or delegate; except books ordered to be printed by the Congressional Printer during the Congress for which the member or delegate was elected. Act Aug. 16, 1856, c. 123, § 5, 11 Stat. 49. Provisions for the distribution, to members of Congress and others, of public documents printed at the Government Printing Office, are collected under Title XLV, "Public Printing, Advertisements, and Pub- lic Buildings." The Congressional Printer is designated as the Public Printer by Act July 31, 1876, c. 246, 19 Stat. 102, and Act Jan. 12. 1895, c. 23, post, under Title XLV, "Public Printing, Advertisements, and Public Buildings." Sec. 43. Newspapers. No member or delegate is entitled to any allowance for news- papers. Act Feb. 12, 1868, c. 8, § 1, 15 Stat. 35. The usual annual appropriation for contingent expenses of the Sen- Secs. 44-47) 19 Tit. 2—THE CONGRESS—Ch. 4. ate includes an item "for stationery and newspapers for Senators and the President of the Senate." Act March 3, 1901, c. 830, 8 1, 31 Stat. 963. Sec. 44. Postage. No compensation or allowance shall now or hereafter be made to Senators, Representatives, or Delegates on account of postage. Act Jan. 31, 1873, c. 82, 17 Stat. 421. Provisions authorizing Senators, Representatives, and Delegates in Congress, the Secretary of the Senate, and the Clerk of the House of Representatives to send and receive through the mail all public docu- ments printed by order of Congress, and granting to members and members-elect of, and Delegates and Delegates-elect to, Congress the franking privilege for correspondence, are collected under Title XLVI, "The Postal Service," c. 4, following § 3913. Sec. 45. Salary in lieu of all allowances, except traveling. The compensation of Senators, Representatives, and Delegates, as prescribed in section thirty-five, shall be in lieu of all pay and al- lowance, except actual individual traveling expenses from their homes to the seat of government and return, by the most direct route of usual travel, once for each session of the House to which such Senator, Representative, or Delegate belongs, to be certified under his hand to the disbursing officer and filed as a voucher. Act March 3, 1873, c. 226, § 1, 17 Stat. 486. Sec. 46. Mode of payment. The compensation of members and delegates shall be passed as public accounts, and paid out of the public Treasury. Act Jan. 22, 1818, c. 5, § 3, 3 Stat. 404. Act Feb. 10, 1854, c. 11, § 1, 10 Stat. 267. Provisions for disbursement of compensation of Senators by the Secretary of the Senate are contained in Rev. St. $ 56; of compen- sation of members of the House and Delegates by the Sergeant-at- Arms of the House, in Act Oct. 1, 1890, c. 1256, 88 1, 3, post, following Rev. St. § 59; and, in case such disbursements cannot be lawfully made by or through the officers specially charged therewith, they may be made by the Treasurer of the United States, under Act June 22, 1882, c. 236, post, under Rev. St. $ 56. Sec. 47. Certificate of salary and accounts. The salary and accounts for traveling expenses in going to and returning from Congress of Senators shall be certified by the Pres- ident of the Senate, and those of Representatives and Delegates by the Speaker of the House of Representatives. Act July 28, 1866, c. 296, § 17, 14 Stat. 323. Act Jan. 22, 1818, c. 5, § 3, 3 Stat. 404. 20 (Secs. 47-51 Tit. 2—THE CONGRESS—Ch. 4. ACT AUG. 15, 1876, c. 287, § 1. Certificate of salary of Representatives during recess of Congress. The Clerk of the House of Representatives is authorized and di- rected to sign, during the recess of Congress after the first session and until the first day of the second session, the certificates for the monthly compensation of members and delegates in Congress, which certificates shall be in the form now in use, and shall have the like force and effect as is given to the certificate of the Speaker; * * Act Aug. 15, 1876, c. 287, § 1, 19 Stat. 145. To keep the accounts for the pay and mileage of members and del egates, and pay them as provided by law, are among the duties of the Sergeant-at-Arms of the House of Representatives, as defined by Act Oct 1, 1890, c. 1256, § 1, post, following Rev. St. § 59. > Sec. 48. Effect of certificate. The certificate given pursuant to the preceding section shall be conclusive upon all the Departments and officers of the Government. Act Sept. 30, 1850, c. 90, § 1, 9 Stat. 523. Sec. 49. Pay of member dying after commencement of a Congress. When any person who has been elected a member of or delegate in Congress dies after the commencement of the Congress to which he has been elected, his salary shall be computed and paid to his widow, or, if no widow survive him, to his heirs at law, for the period that has elapsed from the commencement of such Congress, or from the last payment received by him to the time of his death, at the rate of seven thousand five hundred dollars a year, with any travel- ing expenses remaining due for actually going to or returning from any session of Congress. Res. March 3, 1859, No. 14, § 1, 11 Stat. 442. The rate of $7,500 a year mentioned in this section was reduced to $5,000 by Act Jan. 20, 1874, c. 11, ante, under Rev. St. $ 35. Sec. 50. Limits of the rule. Salaries allowed under the preceding section shall be computed and paid, in all cases, for a period of not less than three months from the commencement of the Congress. Res. March 3, 1859, No. 14, § 1, 11 Stat. 442. Sec. 51. Pay of members elected to fill vacancies. Whenever a vacancy occurs in either House of Congress, by death or otherwise, of any member or delegate elected or appointed thereto after the commencement of the Congress to which he has been elected or appointed, the person elected or appointed to fill it shall be compensated and paid from the time that the compensation of his predecessor ceased. Res. July 12, 1862, No. 54, 12 Stat. 624. Sec. 51) 21 Tit. 2—THE CONGRESS—Ch. 4. ACT JULY 31, 1894, c. 174, $ 1. Salaries of Senators to commence on date of election or appointment. That the salaries of Senators elected or appointed to fill vacancies in the Senate and of Senators elected for a full term subsequent to the commencement of such term, shall commence on the date of their election or appointment. Act July 31, 1894, c. 174, § 1, 28 Stat. 162. ACT MARCH 2, 1895, c. 177, § 1. Clerks to Senators. That hereafter Senators elected, whose term of office begins on the fourth day of March, and whose credentials in due form of law shall have been presented to the Senate, or filed with the Secretary, but who have not been qualified, are authorized to appoint a clerk to serve from the date of the commencement of their terms, respectively, whose compensation shall be paid out of the appropriation for clerks to Senators who are not chairmen of committees. Act March 2, 1895, c. 177, § 1, 28 Stat. 766. This authority to Senators-elect to appoint clerks is contained in the legislative, executive, and judicial appropriation act of March 2, 1895, as a proviso to the usual annual appropriation for clerks to Senators not chairmen of committees. A similar proviso, without the word "hereafter," annexed to the like appropriation for the preceding year, Act July 31, 1894, c. 174, § 1, 28 Stat. 164, if operative beyond the year for which such appropriation was made, is superseded by this permanent provision. Many instances are found, in the various annual appropriation acts, of the repetition of a provision each year in successive acts, until, by the insertion of the word "hereafter," permanence is given, and, usually, the provision is not subsequently repeated. The use of the word "hereafter," therefore, is regarded as indicating an intention to make such provisions permanent, and they are included in this compilation. Whether, in the absence of that word or other positive indication of the legislative intent, a provision so repeated is to be construed as limited to the year for which the appropriation is made, or as perma- nent because of such repetition or on other grounds, is a question to be determined judicially. Wherever the language is such as to admit of construction as a permanent or continuing enactment, the provision is included. Appropriations for compensation to officers and others in the public service, although in their nature temporary legislation, expiring with the time for which provision is made, frequently constitute the only statutory authority for the establishment and continuance of the par- ticular office or employment, which itself may become a subject of or basis for substantive and permanent legislation. Such appropriations, and other temporary provisions related to permanent enactments, are referred to herein under the provisions with which they are so con- nected. An instance of such connection is the reference in the above provision of Act March 2, 1895, to "the appropriation for clerks to Senators who are not chairmen of committees." Clerks to Senators not chairmen of committees have been allowed by annual provisions of the appropriation acts since 1885 (23 Stat. 390; 24 Stat. 173, 596; 25 Stat. 258, 707; 26 Stat. 230, 911; 27 Stat. 185, 677; 28 Stat. 164, 766; 29 Stat. 142, 540; 30 Stat. 279, 848; 31 Stat. 89, 962). The last of these provisions is "for thirty annual clerks to Senators who are not chairmen of committees, at one thousand five hundred 22 (Sec. 51 Tit. 2—THE CONGRESS—Ch. 4. dollars each, forty-five thousand dollars.” Act March 3, 1901, c. 830, $ 1, 31 Stat. 962. RES. MARCH 3, 1893, No. 21. Joint Resolution Authorizing Members to Certify Monthly the Amount Paid by Them for Clerk Hire, and Directing the Same to be Paid out of the Contingent Fund of the House. (27 Stat. 757.) Clerks to Representatives not chairmen of committees. Resolved, &c., That on and after April first, eighteen hundred and ninety-three, each Member and Delegate of the House of Repre- sentatives of the United States may, on the first day of every month during sessions of Congress certify to the Clerk of the House of Representatives the amount which he has paid or agreed to pay for clerk hire necessarily employed by him in the discharge of his official and representative duties during the previous month, and the amount so certified shall be paid by the Clerk out of the contingent fund of the House on the fourth day of each month to the person or per- sons named in each of said certificates so filed: Provided, That the amount so certified and paid for clerical services rendered to each Member and Delegate shall not exceed one hundred dollars for any month during the session: And provided further, That the provi- sions of this resolution shall not apply to members who are chairmen of committees entitled under the rules to a clerk. Res. March 3, 1893, No. 21, 27 Stat. 757. ACT JULY 7, 1898, c. 571, § 1. Clerks to Representatives who are chairmen of committees. That hereafter Members of the House of Representatives who are chairmen of committees entitled to annual clerks shall be enti- tled to the same allowance for clerk hire as is authorized to other Members of the House of Representatives who are not chairmen of committees by the Joint Resolution approved March third, eighteen hundred and ninety-three, and by House Resolution passed May eighth, eighteen hundred and ninety-six; and the appropriation for clerk hire to Members and Delegates made in the legislative, ex- ecutive, and judicial appropriation Act for the fiscal year eighteen hundred and ninety-nine is hereby made available to pay such clerk- hire as herein provided : Provided, That this provision shall apply to members of committees entitled to annual clerks, during the vaca- tion of Congress only. Act July 7, 1898, c. 571, § 1, 30 Stat. 687. The joint resolution here referred to is that of March 3, 1893, Res. No. 21, set forth above. The House resolution of May 8, 1896, also referred to, is as follows: "Resolved, That the Clerk of the House of Representatives be, and he is hereby, authorized to pay out of the contingent fund of the House to each Member and Delegate for annual clerk hire an amount not ex- ceeding the sum of $100 per month, to be certified by them on the first day of each calendar month in the manner provided in the joint resolu- tion approved March 3, 1893: Provided, That the provisions of this resolution shall not apply to members who are chairmen of committees Sec. 51) 23 Tit. 2—THE CONGRESS—Ch. 5. entitled under the rules to annual clerks.” Congressional Record, 54th Congress, 1st Sess., part 5, pp. 4990, 4998. The appropriation for clerk hire for the fiscal year 1899, also referred to in this provision, is that made by Act March 15, 1898, c. 68, § 1, 30 Stat. 282. The legislative, executive, and judicial appropriation act of each subsequent year makes a similar appropriation; that for the year ending June 30, 1902, is Act March 3, 1901, c. 830, § 1, 31 Stat. 967. To each of these appropriations a clause is added extending the benefit of the particular appropriation to Representatives and Dele- gates elect, as follows: “And Representatives and Delegates elect to Congress whose creden- tials in due form of law have been duly filed with the Clerk of the House of Representatives, in accordance with the provisions of section thirty-one of the Revised Statutes of the United States, shall be entitled to pay- ment under this appropriation." The committees of the House entitled to clerks are enumerated in Rev. St. 53; but the actual numbers and salaries of such clerks are fixed by the annual appropriation acts. The appropriation for the fiscal year end- ing June 30, 1902, is contained in Act March 3, 1901, c. 830, § 1, 31 Stat. 967. CHAPTER FIVE. Officers and Persons in the Employ of the Senate and House of Representatives. Sec. Sec. 52. Officers and employés of Senate. Act June 20, 1874, c. 328, $ 1. Limit of compensation of Sergeant- at-Arms of S-nate. Act March 3, 1875, c. 129, $ 1. Limit of compensation of clerks to committees. Act Aug. 5, 1882, c. 390, $ 1. Limit of compensation of officers and employés of Senate to rate provid- ed. Act March 2, 1895, c. 177, 8 1. Subletting duties of employés. Act March 3, 1901, c. 830, $ 1. Document room under Secretary of Senate. 53. Officers and employés of House of Representatives. Act June 20, 1874, c. 328, § 1. Limit of compensation of Sergeant- at-Arms of House. Act March 3, 1883, c. 128, § 1. Folders, etc., for House. Res. June 28, 1886, No. 15. Time of beginning of compensation of clerks to committees of House. Act March 3, 1901, c. 830, $ 1. Performance of duties by employés 54. Reporters for House of Represen- tatives. Act June 22, 1874, c. 388, $ 1. Pay of official reporters. 55. Chaplains' salaries. 56. Secretary of the Senate a disburs- ing officer. Act June 22, 1882, c. 236. Disbursements by Treasurer instead of disbursing officers. 57. Bond of Secretary of the Senate. 58. Bond of Clerk of the House. 59. Custody of bonds. Act. Oct. 1, 1890, c. 1256. 1. Duties of Sergeant-at-Arms of House. 2. Symbol of office of Sergeant-at- Arms of House. 3. Compensation of Members and Delegates to be paid by Ser- geant-at-Arms of House. 4. Bond of Sergeant-at-Arms of House. 5. Custody of bond. 6. Tenure of office of Sergeant-at- Arms of House. 7. Statement of disbursements by Sergeant-at-Arms of House. 8. Employés in office of Sergeant- of House. at-Arms of House. 24 (Sec. 52 Tit. 2—THE CONGRESS—Ch. 5. Sec. 9. [Amends Rev. St. § 237.] 10. Repeal. 60. Reports of Secretary and Clerk. 61. What to exhibit. 62. Reports of subordinate disbursing officers. 63. Reports of expenditures. 64. Statements of appropriations and offices. Act Oct. 19, 1888, c. 1210, § 1. Preparation and contents of state- ments. Act July 19, 1897, c. 9, § 1. Contents of statements. 65. Advertisements for stationery. 66. Form of advertisement. 67. Notice of acceptance of proposals. 68. Contracts for separate parts of stationery. 69. American goods to be preferred. Act March 3, 1885, c. 360. Contracts involving employment of horses for service of House. Act March 3, 1887, c. 392, § 1. Purchases of fuel, and of stationery and materials for folding. Act March 3, 1891, c. 541, $ 1. Contracts for mail service for House. Sec. Act March 3, 1901, c. 830, $ 1. Contracts for packing boxes for use of House. 70. Detailed reports of receipts and ex- penditures. 71. Fees for copies from journals. 72. Accounts of property. Act Aug. 7, 1882, c. 433, § 1. Sale of waste paper and condemned furniture. 73. Door-keepers' duties. 74. [Stricken out.] 75. Abridgment of accompanying docu- ments. 76. Payments from contingent fund. Act March 3, 1879, c. 183, § 1. Vouchers for payments from contin- gent fund of Senate. Act Oct. 2, 1888, c. 1069, § 1. Conclusiveness of payments from contingent funds. Act March 2, 1895, c. 177, § 1. Temporary Committee on Accounts of House to approve payments from contingent fund. 77. [Superseded.] 78. Printing of debates. 79. Publication of laws. Sec. 52. Officers and employés of Senate. The following persons are employed in the service of the Senate: One Secretary of the Senate, at a salary of five thousand dollars a year. One officer charged with the disbursements of the Senate, at a salary of five hundred and seventy-six dollars a year. One chief clerk, at a salary of three thousand dollars a year, and while such office is held by the present incumbent, and no longer, an additional sum of one thousand dollars. One principal clerk, at a salary of three thousand six hundred dol- lars a year; one principal executive clerk, one minute and journal clerk, and one financial clerk, in the office of the Secretary of the Senate, at a salary of three thousand dollars a year each. Librarian and seven clerks in the office of the Secretary of the Senate, at a salary of two thousand five hundred dollars a year each. One keeper of the stationery, at a salary of two thousand four hun- dred dollars a year. One assistant keeper of the stationery, at a salary of one thousand eight hundred dollars a year. One laborer in stationery-room, at a salary of nine hundred and ninety-three dollars and sixty cents a year. Sec. 52) 25 Tit. 2—THE CONGRESS—Ch. 5. One messenger, at a salary of one thousand four hundred and nine- ty dollars and forty cents a year. One page, at a salary of eight hundred and twenty-eight dollars a year. One Sergeant-at-Arms and Door-keeper, at a salary of four thou- sand three hundred and twenty dollars a years; but he is prohibited from receiving, directly or indirectly, any fees or other compensation or emolument whatever for performing the duties of the office, or in connection therewith. One assistant door-keeper, while such position is held by the pres- ent incumbent, and no longer, at a salary of three thousand dollars a year, and, after it ceases to be so held, at a salary of two thousand five hundred and ninety-two dollars a year. One acting assistant door-keeper, at a salary of two thousand five hundred and ninety-two dollars a year. One postmaster to the Senate, at a salary of two thousand five hundred and ninety-two dollars a year. One assistant postmaster and mail-carrier, at a salary of two thou- sand dollars a year. Two mail-carriers, at a salary of one thousand seven hundred dol- lars a year each. One superintendent of the document-room, at a salary of two thou- hand five hundred dollars a year. One first assistant in document-room, at a salary of two thousand five hundred dollars a year. One second assistant in document-room, at a salary of one thou- sand eight hundred dollars a year. One superintendent of the folding-room, at a salary of two thou- sand four hundred and eighty-four dollars a year. Three messengers, acting as assistant door-keepers, at a salary of two thousand and seventy dollars a year each. Twenty messengers, to be appointed and removed by the Ser- geant-at-Arms, with the approval of the Committee to Audit and Control the Contingent Expenses of the Senate, at a salary of one thousand six hundred and fifty-six dollars a year each. One secretary to the President of the Senate, at a salary of two thousand four hundred and seventeen dollars and seventy-six cents a year. One clerk to the Committee on Finance, at a salary of two thousand five hundred and fifty-three dollars a year. One clerk to the Committee on Claims, at a salary of two thousand five hundred and fifty-three dollars a year. One clerk of printing records, at a salary of two thousand five hun- dred and fifty-three dollars a year. One clerk to the Committee on Appropriations, at a salary of two thousand five hundred and fifty-three dollars a year. One laborer in charge of private passage, at a salary of nine hun-- dred and ninety-three dollars and sixty cents a year. One special policeman, at a salary of one thousand two hundred and ninety-six dollars a year. One Chaplain to the Senate, at a salary of nine hundred dollars a year. 26 (Sec. 52 Tit. 2—THE CONGRESS—Ch. 5. One chief engineer, at a salary of two thousand four hundred and eighty-four dollars a year. Three assistant engineers, at a salary of one thousand eight hun- dred dollars a year each. Two firemen, at a salary of one thousand two hundred and fifty- nine dollars and twenty-five cents a year each. Three laborers, at a salary of eight hundred and thirty-nine dollars and fifty cents a year each. Fourteen pages for the Senate Chamber, two riding-pages, one page for the Vice-President's room, and one page for the office of the Secretary of the Senate, to be appointed and removed by the Ser- geant-at-Arms, with the approval of the Committee to Audit and Control the Contingent Expenses of the Senate, at a salary of three dollars and forty-five cents a day each while actually employed. Act March 3, 1873, c. 226, § 1, 17 Stat. 486. This section and section 53 of the Revised Statutes enumerate the offi- cers and persons in the employ of the Senate and House of Representa- tives, respectively, at the time of the enactment of the Revised Statutes, as authorized by the provisions of the legislative, executive, and judicial appropriation act for that year, cited above. The provisions of that act, increasing the salaries of officers, clerks, and others in the employ of the Senate and House of Representatives, were incorporated in these sections of the Revised Statutes, but were repealed by Act Jan. 20, 1874, c. 11, ante, under Rev. St. $ 35, which restored the salaries, compensation, and allowances fixed by the laws in force previous to Act March 3, 1875, c. 226, § 1, instead of those set forth in these sections. See note to Act Jan. 20, 1874, c. 11, ante, under Rev. St. $ 35, and Table of Salaries in the Appendix, in which the salaries, etc., paid before and after Act Jan. 20, 1874, c. 11, are set forth. The officers, clerks, and others actually appointed or employed in the service of the Senate and House of Representatives, and their respective salaries and other compensation, depend on the specific provisions made in the annual appropriation acts, each providing for the fiscal year next fol- lowing. The appropriations for the year ending June 30, 1902, are con- tained in Act March 3, 1901, c. 830, § 1, 31 Stat. 960–968. Provisions of a permanent nature, relating to the compensation of offi- cers, clerks, and employés of the Senate, are set forth below. Provisions for compensation to Senators for hire of clerks are contained in Act March 2, 1895, c. 177, § 1, ante, under Rev. St. $ 51, and other acts referred to in connection therewith. Provisions for appearance by the district attorney in actions against officers of either House of Congress, for the removal of such suits from state courts and the defense thereof, and for the withholding of execu- tions against such officers on a recovery against them in such suits, and the payment of judgments so recovered against them, are contained in Act March 3, 1875, c. 130, $ 8, post, following Rev. St. $ 771. ACT JUNE 20, 1874, c. 328, $ 1. Limit of compensation of Sergeant-at-Arms of Senate. Senate * * Sergeant-at-Arms and Door-keeper, four thousand three hundred and twenty dollars: Provided, That hereafter he shall receive, directly or indirectly, no fees or other compensation or emol- ument whatever for performing the duties of the office, or in connec- tion therewith, otherwise than as aforesaid. * Act June 20, 1874, c. 328, § 1, 18 Stat. 85. This proviso, annexed to the appropriation for the preceding year, Act March 3, 1873, c. 226, § 1, 17 Stat. 487, and incorporated therefrom into Secs. 52–53) 277 Tit. 2—THE CONGRESS—Ch. 5. Rev. St. $ 52, was repeated in this and the subsequent appropriation act, 18 Stat. 344. The appropriation by Act March 3, 1901, c. 830, § 1, 31 Stat. 962, for Sergeant-at-Arms and Door-keeper of the Senate, is $4,500, and an addi- tional sum for horse and wagon for his use. ACT MARCH 3, 1875, c. 129, $ 1. Limit of compensation of clerks to committees. Hereafter clerks of committees of either branch of Congress (ex- cept those whose salaries are fixed by specific appropriations,) shall be paid not more than six dollars per day, and during the session only. Act March 3, 1875, c. 129, 81, 18 Stat. 345. Provision for payment of such clerks to committees of the House from the time they enter upon the discharge of their duties are contained in Res. June 28, 1886, No. 15, post, under Rev. St. § 53. ACT AUG. 5, 1882, c. 390, $ 1. Limit of compensation of officers and employés of Senate to rate pro- vided. That hereafter no officer or employee of the Senate shall receive pay for any services performed by him at any rate higher than that provided for the office or employment to which he has been regularly appointed. Act Aug. 5, 1882, c. 390, § 1, 22 Stat. 270. Payment from the contingent fund of additional salary or compensa- tion to any officer or employé of the Senate is prohibited by Act Oct. 2, 1888, c. 1069, § 1, post, under Rev. St. $ 76. ACT MARCH 2, 1895, c. 177, $ 1. Subletting duties of employés. Hereafter no employee of Congress, either in the Senate or House, shall sublet to, or hire, another to do or perform any part of the duties or work attached to the position to which he was appointed. Act March 2, 1895, c. 177, § 1, 28 Stat. 771. A similar provision in regard to employés of the House is contained in Act March 3, 1901, c. 830, § 1, 31 Stat. 968, post, under Rev. St. $ 53. ACT MARCH 3, 1901, c. 830, $ 1. Document room under Secretary of Senate. Document Room: * * And the said document room is here- by transferred to and placed under the jurisdiction of the Secretary of the Senate. Act March 3, 1901, c. 830, § 1, 31 Stat. 962. A document room of the Senate and one of the House of Representa- tives, each in charge of a superintendent, were established by Act Jan. 12, 1895, c. 23, $ 60, post, under Title XLV, "Public Printing, Advertise- ments, and Public Documents." Sec. 53. Officers and employés of House of Representatives. The following persons are employed in the service of the House of Representatives : 28 (Sec. 53 Tit. 2-THE CONGRESS- Ch. 5. One Clerk of the House, at a salary of five thousand dollars a year. One officer charged with disbursing the contingent fund and other expenses of the House of Representatives, at an annual allowance of five hundred and seventy-six dollars. One chief clerk, while such position is held by the present incum- bent, and no longer, at a salary of three thousand six hundred dol- lars a year, and when it ceases to be so held, at a salary of three thou- sand dollars a year. One journal-clerk, while such position is held by the present incum- bent and no longer, at a salary of three thousand six hundred dollars a year, and when it ceases to be so held, at a salary of three thousand dollars a year. Six assistant clerks, at a salary of three thousand dollars a year each. One assistant clerk, at a salary of three thousand dollars a year. Ten assistant clerks, including a librarian and assistant librarian, at a salary of two thousand five hundred dollars a year each. Four assistant clerks, at a salary of one thousand eight hundred dollars a year each. One chief messenger, at a salary of six dollars and sixty-two and two-fifths cents a day. One private secretary to the Speaker, at a salary of two thousand four hundred and seventeen dollars and seventy-six cents a year. One clerk to the Speaker, at a salary of six dollars and sixty-two and two-fifth cents a day. Three messengers, at a salary of one thousand six hundred and fifty-six dollars a year each. One inessenger in the House library, at a salary of one thousand six hundred and fifty-six dollars a year. One chief engineer, at a salary of two thousand four hundred and eighty-four dollars a year. Three assistant engineers, at a salary of one thousand six hundred and fifty-six dollars a year each. Six firemen, at a salary of one thousand two hundred and fifty-nine dollars and twenty-five cents a year each. One clerk to the Committee of Ways and Means, at a salary of two thousand nine hundred and eighty dollars and eighty cents a year. One messenger to the Committee of Ways and Means, at a salary of one thousand three hundred and fourteen dollars a year. One clerk to the Committee on Appropriations, at a salary of two thousand nine hundred and eighty dollars and eighty cents a year. One messenger to the Committee on Appropriations, at a salary of one thousand three hundred and fourteen dollars a year. One clerk to the Committee of Claims, at a salary of two thousand four hundred and eighty-four dollars a year. One clerk to the Committee on Public Lands, at a salary of two thousand four hundred and eighty-four dollars a year. One Sergeant-at-Arms, at a salary of four thousand three hundred and twenty dollars a year, who is prohibited from receiving, directly or indirectly, any fees or other compensation or emolument what- ever for performing the duties of his office, or in connection there- with. Sec. 53) 29 Tit. 2—THE CONGRESS—Ch. 5. One clerk to the Sergeant-at-Arms, at a salary of two thousand eight hundred and seventy-five dollars a year. One paying-teller for the Sergeant-at-Arms, at a salary of two thousand and seventy dollars a year. One messenger to the Sergeant-at-Arms, at a salary of one thou- sand six hundred and fifty-six dollars a year. One Doorkeeper, at a salary of three thousand dollars a year; while such position is held by the present incumbent, and no longer, and after it ceases to be so held, at a salary of two thousand five hundred and ninety-two dollars a year. One first assistant door-keeper, at a salary of two thousand nine hundred and eighty dollars and eighty cents a year. One Postmaster to the House, at a salary of two thousand nine hundred and eighty dollars and eighty cents a year. One first assistant postmaster, at a salary of two thousand four hundred and one dollars and twenty cents a year. Four messengers, at a salary of one thousand nine hundred and eighty-seven dollars and twenty cents a year each. Three mail-carriers, at a salary of one thousand nine hundred and eighty-seven dollars and twenty cents a year each. Seven mail-carriers, at a salary of one thousand and forty-two dol- lars a year each. One Chaplain to the House, at a salary of nine hundred dollars a year. Two stenographers, at a salary of five thousand and thirty-seven dollars a year each. One superintendent of the folding-room, at a salary of two thousand four hundred and eighty-four dollars a year. One superintendent of the document-room, at a salary of two thou- sand one hundred and sixty dollars a year. One assistant superintendent of the document-room, at a salary of two thousand one hundred and sixty dollars a year. One document-file clerk, at a salary of two thousand and seventy dollars a year. Five messengers, at a salary of two thousand and seventy dollars a year each. Six messengers, at a salary of one thousand six hundred and fifty- six dollars a year each. Twelve messengers, during the session, at the rate of one thousand six hundred and fifty-six dollars a year each. One laborer, at a salary of nine hundred and forty-three dollars a year. Fifteen laborers, at a salary of eight hundred and twenty-eight dollars a year each. Seven laborers, during the session, at a salary of eight hundred and twenty-eight dollars a year each. Twenty-eight pages, including three riding-pages, at a salary of three dollars and forty-five cents a day each while actually employed. Act March 3, 1873, c. 226, § 1, 17 Stat. 488. See note under Rev. St. $ 52, as to the enumeration, in this section, of officers and others in the employ of the House and their salaries, and as to the reduction of such salaries by Act Jan. 20, 1874, c. 11, ante, under 30 (Sec. 53 Tit. 2—THE CONGRESS- Ch. 5. Rev. St. $ 35, to the rates fixed by the laws in force previous to Act March 3, 1873, c. 226, § 1, incorporated in this section. Employés in the office of the Sergeant-at-Arms of the House are enu- merated in Act Oct. 1, 1890, c. 1256, $ 8, post, under Rev. St. 8 59. The officers, clerks, and others actually appointed or employed in the service of the House, and their respective salaries and other compensa- tion, are fixed by the annual appropriation acts, each providing for the fiscal year next foliowing. The appropriation for the year ending June 30, 1902, is by Act March 3, 1901, c. 830, § 1, 31 Stat. 964. A provision of the appropriation act last above mentioned, which, in placing the library of the House under the control of the Librarian of Congress, vests the appointment of the librarian, two assistant librarians, and assistant in the library, provided for by the act, in the Clerk of the House, with the approval of the Speaker, and prohibits removals except for cause, is set forth post, following Rev. St. $ 98. The compensation to clerks to committees of either branch of Congress is limited by Act March 3, 1875, c. 129, § 1, ante, under Rev. St. § 52. Provisions of a permanent nature, relating to the compensation of offi- cers, clerks, and employés of the House, are set forth below. Provisions for compensation to Representatives and Delegates for hire of clerks are contained in Res. March 3, 1893, No. 21, and Act July 7, 1898, c. 571, § 1, ante, under Rev. St. $ 51. Provisions for securing the performance, by employés under the officers of the House, of the duties of the positions to which they were appoint- ed, only, without assignment to or engagement in other duties, division of compensation, or subletting of duties, are contained in Act March 3, 1901, c. 830, § 1, set forth below. Limits of age of pages in the service of the House are prescribed in the same enactment. Provisions for appearance by the district attorney in actions against officers of either House of Congress, for the removal of suc state courts and the defense thereof, and for the withholding of execu- tions against such officers on a recovery against them in such suits, and the payment of judgments so recovered against them, are contained in Act March 3, 1875, c. 130, $ 8, post, following Rev. St. $ 771. ACT JUNE 20, 1874, c. 328, § 1. Limit of compensation of Sergeant-at-Arms of House. House of Representatives * * Sergeant-at-Arms, four thou- sand three hundred and twenty dollars; Provided, That hereafter he shall receive, directly or indirectly, no fees or other compensation or emolument whatever for performing the duties of the office, or in connection therewith, otherwise than as aforesaid. * * Act June 20, 1874, c. 328, § 1, 18 Stat. 87. This proviso, annexed to the appropriation for the preceding year, Act March 3, 1873, c. 226, § 1, 17 Stat. 189, and incorporated therefrom into Rev. St. $ 52, was repeated in this and the subsequent appropriation act, 18 Stat. 346. The appropriation by Act March 3, 1901, c. 830, § 1, 31 Stat. 965, for Sergeant-at-Arms of the House, is $4,500. The duties of the Sergeant-at-Arms of the House are defined, and em- ployés in his office are provided for, by Act Oct. 1, 1890, c. 1256, post, in- der Rev. St. 8 59. ACT MARCH 3, 1883, c. 128, $ 1. Folders, etc., for House. House of Representatives. * * For labor in folding books, speeches, and pamphlets, the following employees are hereby author- ized to be appointed by the Doorkeeper, namely: namely: One foreman, Sec. 53) 31 Tit. 2—THE CONGRESS-Ch. 5. one thousand five hundred dollars; one messenger, one thousand two hundred dollars; one folder in the sealing room, one thousand two hundred dollars; one page, five hundred dollars; one laborer, four hundred dollars; ten folders, at nine hundred dollars each; five folders, at eight hundred and forty dollars each; and fifteen fold- ers, at seven hundred and twenty dollars each; in all, twenty eight thousand eight hundred dollars. Act March 3, 1883, c. 128, § 1, 22 Stat. 535. Assignment of a folder to clerical work is authorized by a provision of Act March 3, 1901, c. 830, § 1, set forth below. RES. JUNE 28, 1886, No. 15. Joint Resolution Fixing the Time when the Pay of Certain Clerks to Committees of House of Representatives shall Begin. (24 Stat. 342.) Time of beginning of compensation of clerks to committees of House. Resolved, &c., That the pay of the clerks to committees of the House of Representatives which have been or may be hereafter au- thorized by the House, who are paid during the session only shall begin from the time such clerks entered upon the discharge of their duties, which shall be ascertained and evidenced by the certificate of the chairman of the several committees employing clerks for the session only. Res. June 28, 1886, No. 15, 24 Stat. 342. ACT MARCH 3, 1901, c. 830, $ 1. Performance of duties by employés of House. Hereafter employees of the House of Representatives under the Clerk, Sergeant-at-Arms, Doorkeeper, and Postmaster shall only be assigned to and engaged upon the duties of the positions to which they are appointed and for which coinpensation is provided, except that in cases of emergency or congestion of public business incident to the close of a session of Congress or other like cause an employee or employees may be assigned or required to aid in the discharge of the duties of any other employee or employees, and in the discre- tion of the Doorkeeper not more than one folder may, if necessary, be assigned to do clerical work under the direction of the foreman of the folding room, but all assignments made hereunder shall be without additional compensation and shall not constitute the basis of a claim therefor. It shall not be lawful to appoint or employ in any position under the House of Representatives more than one person at any one time, or to require or permit any such person to divide with another any portion of his salary or compensation while so employed. It shall not be lawful to require or permit any person in the em- ploy of the House of Representatives to sublet to another the dis- charge of any portion of the duties of the position to which he is ap- pointed. No person shall be appointed or employed as a page in the service of the House of Representatives who is under twelve years or more 32 (Secs. 53-55 Tit. 2-THE CONGRESS- Ch. 5. than eighteen years of age; but this provision shall not apply to chief pages, riding pages, and telephone pages. The Clerk, Sergeant-at-Arms, Doorkeeper, and Postmaster shall make certificate each month to their respective pay rolls, stating whether the persons named in such pay rolls and employed in their respective departments have been actually present at their respective places of duty and have actually performed the services for which compensation is provided in said pay rolls, and in each case where a person carried on such pay roll has been absent and has not per- formed the services in whole or in part for which payment is pro- posed, the reason for such absence and for such nonperformance of services shall be stated. The violation of any of the foregoing provisions of law shall, upon ascertainment thereof, be deemed to be cause for removal from of- fice. It shall be the duty of the Committee on Accounts of the House of Representatives from time to time to inquire into the enforcement or violation of any of the foregoing provisions of law; and for this pur- pose they are hereby authorized to send for persons and papers, and to administer oaths; and they shall report to the House at least once every session their compliance with the duty herein imposed. Act March 3, 1901, c. 830, § 1, 31 Stat. 968. Payment from the contingent fund of additional salary or compensa- tion to any officer or employé of the House is prohibited by Act Oct. 2, 1888, c. 1069, § 1, post, under Rev. St. & 76. Sec. 54. Reporters for House of Representatives. No person shall be employed as a reporter for the House of Rep- resentatives without the approval of the Speaker. Act April 2, 1872, c. 79, $ 3, 17 Stat. 47. ACT JUNE 22, 1874, c. 388, § 1. Pay of official reporters. Hereafter the pay of the official reporters of the proceedings and debates of each House shall be fifty thousand dollars for each Con- gress; and the pay of official reporters of committees of the House shall be five thousand dollars each per annum, and this shall be in lieu of all other compensation for such services in reporting the pro- ceedings of each and all of said committees. Act June 22, 1874, c. 388, § 1, 18 Stat. 145. This provision of the deficiency appropriation act of 1874 was annexed to the appropriation therein for payment of the official reporters of the House. Appropriations for reporting the proceedings and debates of each house are regularly made at each session; that of 1901 by the legisla- tive, executive, and judicial appropriation act of March 3, 1901, c. 830, $ 1, 31 Stat. 963, 967. Sec. 55. Chaplains' salaries. The salaries of the Chaplains of the two Houses of Congress are payable as follows: one-twelfth thereof on the last day of each month Secs. 56–57) 33 Tit. 2—THE CONGRESS- Ch. 5. during each regular session of Congress, and the residue at the end of each regular session. Act Aug. 4, 1854, c. 242, § 12, 10 Stat. 573. Res. March 3, 1857, No. 14, 11 Stat. 255. Sec. 56. Secretary of the Senate a disbursing officer. The moneys which may be appropriated for the compensation of members and officers, and for the contingent expenses of the Senate, shall be paid at the Treasury, on requisitions drawn by the Secretary of the Senate, and shall be kept, disbursed, and accounted for by him according to law, and the Secretary shall be deemed a disbursing of- ficer. Act Feb. 10, 1854, c. 11, § 1, 10 Stat. 267. Certificates of salary and accounts of Senators are provided for by Rev. St. $$ 47, 48; and their passage as public accounts, and payment out of the public Treasury, are provided for by Rev. St. $ 46. When such disbursements cannot be lawfully made by or through the officer specially charged therewith, the Treasurer of the United States is authorized to make them, by Act June 22, 1882, c. 236, set forth below. The fiscal year for the adjustment of the accounts of the Secretary of the Senate extends to July 3, under Rev. St. § 237. The Secretary of the Senate is excepted from the requirement that dis- bursing officers shall render their accounts quarterly, imposed by Act Aug. 30, 1890, c. 837, § 4, post, under Rev. St. $ 3622. ACT JUNE 22, 1882, c. 236. An Act to Provide for the Payment of the Salaries and Compensa- tion of Members of the Houses of Congress and their Officers and Employés in Certain Contingencies. (22 Stat. 108.) Disbursements by Treasurer instead of disbursing officers. Be it enacted, &c., That whenever any appropriation made for the payment of the salaries of Senators, Members, and Delegates in Congress, or the officers and employees of both or either of the houses thereof, or for the expenses of the same, or any committees thereof, cannot be lawfully disbursed by or through the officers spe- cially charged with such disbursements, such disbursements may be made for the purposes named in said appropriations by the Treas- urer of the United States, who shall take proper vouchers therefor and charge such disbursements against such appropriations; and the accounts therefor shall be audited and passed or rejected, as the law may require, in the same manner that similar accounts are or may be required by law to be audited and passed or rejected. Act June 22, 1882, c. 236, 22 Stat. 108. Sec. 57. Bond of Secretary of the Senate. The Secretary of the Senate shall, within thirty days after entering upon the duties of his office, and before making any requisition upon the Treasury to draw any portion of the moneys appropriated for the compensation of members and officers or the contingent expenses of the Senate, give a bond to the United States, with one or more sure- LAWS '01-3 34 (Secs. 57-59 Tit. 2—THE CONGRESS-Ch. 5. ties, to be approved by the First Comptroller of the Treasury, in the penal sum of twenty thousand dollars, with condition for the faithful application and disbursement of such funds as may be drawn by him from the Treasury as disbursing officer of the Senate. Act Feb. 10, 1854, c. 11, $ 2, 10 Stat. 267. Act Feb. 23, 1815, c. 51, $ 1, 3 Stat. 212. See note under Rev. St. $ 59. Sec. 58. Bond of Clerk of the House. The Clerk of the House of Representatives shall, within thirty days after entering upon the duties of his office, and before making any requisition upon the Treasury to draw any portion of the moneys appropriated for the contingent expenses of the House, give a bond to the United States, with one or more sureties, to be approved by the First Comptroller of the Treasury, in the penal sum of twenty thousand dollars, with condition for the faithful application and dis- bursement of such portions of the contingent fund of the House as shall come into his hands. Act Feb. 23, 1815, c. 51, § 1, 3 Stat. 212. See note under Rev. St. § 59. Sec. 59. Custody of bonds. The bonds given pursuant to the two preceding sections shall be deposited in the office of the First Comptroller of the Treasury. Act Feb. 23, 1815, c. 51, § 1, 3 Stat. 212. Act Feb. 10, 1854, c. 11, $ 2, 10 Stat. 267. The First Comptroller of the Treasury is designated Comptroller of the Treasury by Act July 31, 1894, c. 174, § 4, post, under Rev. St. S 268. The custody of these bonds, and the duties of the Comptroller in regard thereto, are transferred to the Secretary of the Treasury by Act March 2, 1895, c. 177, § 5, post, under Rev. St. $ 256. ACT OCT. 1, 1890, c. 1256. An Act Defining Certain Duties of the Sergeant-at-Arms of the House of Representatives, and for Other Purposes. (26 Stat. 645.) Duties of Sergeant-at-Arms of House. Be it enacted, &c., That it shall be the duty of the Sergeant-at- Arms of the House of Representatives to attend the House during its sittings, to maintain order under the direction of the Speaker, and, pending the election of a Speaker or Speaker pro tempore, under the direction of the Clerk, execute the commands of the House and all processes issued by authority thereof, directed to him by the Speaker, keep the accounts for the pay and mileage of members and delegates, and pay them as provided by law. , Act Oct. 1, 1890, c. 1256, § 1, 26 Stat. 645. In case of a vacancy in the office of Clerk of the House, or of his ab- sence or inability, his duties as to the preparation of the roll of Represen- tatives or the organization of the House devolve on the Sergeant-at-Arms of the next preceding House, by Rev. St. 8 32. Sec. 59) 35 Tit. 2—THE CONGRESS—Ch. 5. Symbol of office of Sergeant-at-Arms of House. Sec. 2. That the symbol of his office shall be the mace, which shall be borne by him while enforcing order on the floor. Act Oct. 1, 1890, c. 1256, § 2, 26 Stat. 645. Compensation of Members and Delegates to be paid by Sergeant-at- Arms of House. Sec. 3. That the moneys which have been, or may be, appropriated for the compensation and mileage of members and delegates shall be paid at the Treasury on requisitions drawn by the Sergeant-at- Arms of the House of Representatives, and shall be kept, disbursed, and accounted for by him according to law, and he shall be a dis- bursing officer, but he shall not be entitled to any compensation additional to the salary now fixed by law. Act Oct. 1, 1890, c. 1256, § 3, 26 Stat. 645. Certificates of salary and accounts of Members and Delegates are pro- vided for by Rev. St. $$ 47, 48; and their passage as public accounts, and payment out of the public Treasury, are provided for by Rev. St. $ 46. Whenever appropriations for salaries of Members and Delegates cannot be lawfully disbursed by or through the officers specially charged there- with, the Treasurer of the United States is authorized to make such dis- bursements by Act June 22, 1882, c. 236, ante, under Rev. St. $ 56. Bond of Sergeant-at-Arms of House. Sec. 4. That the Sergeant-at-Arms shall, within twenty days after entering upon the duties of his office, and before receiving any por- tion of the moneys appropriated for the compensation of mileage of members and delegates, give a bond to the United States, with two or more sureties, to be approved by the First Comptroller of the Treasury, in the sum of fifty thousand dollars, with condition for the proper discharge of the duties of his office, and the faithful keep- ing, application, and disbursement of such moneys as may be drawn from the Treasury and paid to him as disbursing officer of the United States, and shall, from time to time, renew his official bond as the First Comptroller of the Treasury shall direct. No member of Congress shall be approved as surety on such bond. Act Oct. 1, 1890, c. 1256, § 4, 26 Stat. 645. See note under section 5 of this act. Custody of bond. Sec. 5. That the bonds given pursuant to this act shall be deposited in the office of the First Comptroller of the Treasury. Act Oct. 1, 1890, c. 1256, § 5, 26 Stat. 646. The First Comptroller of the Treasury is designated Comptroller of the Treasury by Act July 31, 1894, c. 174, $ 4, post, following Rev. St. $ 268. The custody of this bond, and the duties of the Comptroller in re- gard thereto, are transferred to the Secretary of the Treasury by Act March 2, 1895, c. 177, § 5, post, under Rev. St. § 256. Tenure of office of Sergeant-at-Arms of House. Sec. 6. That any person duly elected and qualified as Sergeant-at- Arms of the House of Representatives shall continue in said office until his successor is chosen and qualified, subject however, to re- moval by the House of Representatives. Act Oct. 1, 1890, c. 1256, $ 6, 26 Stat. 646. 36 (Secs. 59-60 Tit. 2-THE CONGRESS-Ch. 5. Statement of disbursements by Sergeant-at-Arms of House. Sec. 7. That the Sergeant-at-Arms of the House of Representatives shall prepare and submit to the House of Representatives, at the commencement of each regular session of Congress, a statement in writing exhibiting the several sums drawn by him pursuant to the provisions of this act, the application and disbursement of the same, and the balance, if any, remaining in his hands. Act Oct. 1, 1890, c. 1256, § 7, 26 Stat. 646. Provisions for reports and statements of similar disbursements by the Secretary of the Senate, the Clerk of the House, and the disbursing offi- cers acting under them, and for reports of all expenditures of the Senate and House, are contained in Rev. St. 88 60-63. Employés in office of Sergeant-at-Arms of House. Sec. 8. That there shall be employed in the office of Sergeant-at- Arms one deputy to the Sergeant-at-Arms, at a salary of two thou- sand dollars a year; one cashier, at a salary of three thousand dollars a year; one paying teller, at a salary of two thousand dollars a year; one book-keeper, at a salary of one thousand eight hundred dollars a year; one messenger, at a salary of one thousand two hundred dollars a year; one page, at a salary of seven hundred and twenty dollars a year; and one laborer, at a salary of six hundred and sixty dollars a year. Act Oct. 1, 1890, c. 1256, § 8, 26 Stat. 616. Provisions as to performance, by employés under the Sergeant-at-Arms and other officers of the House, of the duties of the positions to which they were appointed, only, are contained in Act March 31, 1901, c. 830, $ 1, ante, under Rev. St. § 53. Sec. 9. [Amends Rev. St. § 237.] The amendment, by this section, of Rev. St. 8 237, extends to July 3d, the fiscal year for adjustment of accounts of the Sergeant-at- Arms of the House of Representatives for compensation and mileage of members and delegates. Repeal. Sec. 10. That all laws and parts of laws inconsistent herewith are hereby repealed. Act Oct. 1, 1890, c. 1256, § 10, 26 Stat. 646. Sec. 60. Reports of Secretary and Clerk. The Secretary of the Senate and the Clerk of the House of Repre- sentatives shall prepare and submit to the two Houses, respectively, at the commencement of each session of Congress, the following statements in writing: First. A statement showing the names of all the clerks and other persons who have been, during the preceding year or any part thereof, employed in their respective offices, and those of the messengers of the respective Houses; together with the time that each clerk or other person and each messenger was actually employed, and the sums paid to each. This statement must also show whether such clerks or other persons, or such messengers, have been usefully employed; whether the services of any of them can be dispensed with without detriment to the public service, and whether the re- Secs. 60-64) 37 Tit. 2-THE CONGRESS- Ch. 5. moval of any particular persons, and the appointment of others in their stead, is required for the better dispatch of business. Second. A detailed statement, by items, of the manner in which the contingent fund for each House has been expended during the preceding year. This statement must give the names of every per- son to whom any portion of the fund has been paid; and if for any- thing furnished, the quantity and price; and if for any services ren- dered, the nature of such service, and the time employed, and the particular occasion or cause, in brief, that rendered such service nec- essary, and the amount of all former appropriations in each case on hand, either in the Treasury or in the hands of any disbursing officer or agent. Act Aug. 26, 1842, c. 202, $$ 11, 20, 5 Stat. 525, 527. The authority for payments from the contingent funds of the two Houses, respectively, is prescribed by Rev. St. $ 76, and subsequent provisions collected under that section. Sec. 61. What to exhibit. Each of the statements required by the preceding section shall exhibit, also, the several sums drawn by the Secretary and Clerk, respectively, from the Treasury, and the balances, if any, remaining in their hands. Res. March 1, 1823, No. 1, 3 Stat. 789. A similar statement is required from the Sergeant-at-Arms of the House, by Act Oct 1, 1890, c. 1256, & 7, ante, under Rev. St. $ 59. Sec. 62. Reports of subordinate disbursing officers. The Secretary of the Senate and the Clerk of the House of Repre- sentatives shall each require of the disbursing officers acting under their direction or authority, the return of precise and analytical state- ments and receipts for all the moneys which may have been from time to time, during the next preceding year, expended by them; and the results of such returns and the sums total shall be communicated annually to Congress, by the Secretary and Clerk, respectively. Act Aug. 26, 1842, c. 202, § 20, 6 Stat. 527. Sec. 63. Reports of expenditures. All expenditures of the Senate and House of Representatives shall be made up to the end of each fiscal year, and shall be reported to Congress at the commencement of each regular session. Act May 8, 1872, c. 140, § 1, 17 Stat. 64. Act Aug. 15, 1876, c. 287, 19 Stat. 156. Sec. 64. Statements of appropriations and offices. The Secretary of the Senate and the Clerk of the House of Repre- sentatives shall, as soon as may be after the close of each session of 38 (Secs. 64-65 Tit. 2—THE CONGRESS—Ch. 5. Congress, prepare and publish a statement of all appropriations made during the session, a statement of the new offices created and the salaries attached to each, and a statement of the offices the salaries attached to which are increased and the amount of such increase. Act July 4, 1836, c. 356, § 6, 5 Stat. 117. The statements provided for in this section are, by subsequent stat- utes, set forth below, to be prepared under the direction of the Com- mittees on Appropriations of the two Houses, and to include additional matters. ACT OCT. 19, 1888, c. 1210, 8 1. Preparation and contents of statements. That hereafter the statement of all appropriations made during each session of Congress, including new offices created and the salaries of each and salaries of the offices which are increased and the amounts of such increase authorized by the act of July fourth, eight- een hundred and thirty-six, shall be prepared under the direction of the Committees on Appropriations of the Senate and House of Repre- sentatives, and said statement shall hereafter show also the offices the salaries of which are reduced or omitted, and the amount of such reduction, and shall also contain a chronological history of the regular appropriation bills passed during the session for which it is prepared; *** Act Oct. 19, 1888, c. 1210, § 1, 25 Stat. 587. The provisions of Act July 4, 1836, here referred to, are incorporated in Rev. St. $ 64. ACT JULY 19, 1897, c. 9, § 1. * * Contents of statements. Statement of appropriations: * And said statements shall hereafter indicate the amount of contracts authorized by appropri- ation acts in addition to appropriations made therein, and shall also contain specific reference to all indefinite appropriations made each session. Act July 19, 1897, c. 9, § 1, 30 Stat. 136. Sec. 65. [As amended 1875.] Advertisements for stationery. The Secretary of the Senate and Clerk of the House of Repre- sentatives shall annually advertise, once a week for at least four weeks, in one or more of the principal papers published in the Dis- trict of Columbia, for sealed proposals for supplying the Senate and House of Representatives, respectively, during the next session of Congress with the necessary stationery. Res. March 3, 1815, No. 11, 3 Stat. 249. Act Feb. 18, 1875, c. 80, § 1, 18 Stat. 316. The whole section originally enacted was stricken out, and the above provision inserted, as one of the amendments made by Act Feb. 18, 1875, c. 80, "An Act to Correct Errors and to Supply Omissions in the Revised Statutes of the United States." Secs. 66-69) 39 Tit. 2—THE CONGRESS—Ch. 5. Sec. 66. Form of advertisement. The advertisement published under the preceding section must describe the kind of stationery required, and must require the pro- posals to be accompanied with sufficient security for their perform- ance. Res. March 3, 1815, No. 11, 3 Stat. 249. Sec. 67. [As amended 1875.] Notice of acceptance of proposals. All such proposals shall be kept sealed until the day specified in such advertisement for opening the same, when the same shall be opened in the presence of at least two persons, and the contract shall be given to the lowest bidder, provided he shall give satisfactory se- curity to perform the same, under a forfeiture not exceeding double the contract price in case of failure; and in case the lowest bidder shall fail to enter into such contract and give such security, within a time to be fixed in such advertisement, then the contract shall be given to the next lowest bidder, who shall enter into such contract, and give such security. And in case of failure by the person enter- ing into such contract to perform the same, he and his sureties shall be liable for the forfeiture specified in such contract, as liqui- dated damages, to be sued for in the name of the United States. Res. March 3, 1815, No. 11, 3 Stat. 249. Act Feb. 18, 1875, c. 80, § 1, 18 Stat. 316. The whole section originally enacted was stricken out, and the above provision inserted, as one of the amendments made by Act Feb. 18, 1875, c. 80, referred to in the note under Rev. St. § 65. Sec. 68. Contracts for separate parts of stationery. The three preceding sections shall not prevent either the Secre- tary or the Clerk from contracting for separate parts of the supplies of stationery required to be furnished. Res. March 3, 1815, No. 11, 3 Stat. 249. Sec. 69. American goods to be preferred. The Secretary of the Senate and the Clerk of the House of Repre- sentatives shall, in disbursing the public moneys for the use of the two Houses, respectively, purchase only articles the growth and manufacture of the United States, provided the articles required can be procured of such growth and manufacture upon as good terms as to quality and price as are demanded for like articles of foreign growth and manufacture. Act June 17, 1844, c. 105, § 1, 5 Stat. 681. Provisions as to purchases and contracts for supplies in any of the departments of the government, and advertisements for proposals and bids therefor, are contained in Rev. St. SS 3709, 3710. A similar provision as to purchase of furniture for the President's House, of domestic manufacture, is made by Rev. St. § 1829. 40 (Sec. 69 Tit. 2—THE CONGRESS-Ch. 5. ACT MARCH 3, 1885, c. 360. Contracts involving employment of horses for service of House. That in all contracts hereafter made for service for the House of Representatives involving the employment of horses, the expense of keeping such horses shall be covered by the contract; and no money hereafter appropriated for contingent or other expenses of the House of Representatives shall be expended for stables or forage. Act March 3, 1885, c. 360, 23 Stat. 512. ACT MARCH 3, 1887, c. 392, $ 1. Purchases of fuel, and of stationery and materials for folding. And hereafter all purchases of coal and wood for the Senate and House of Representatives of the United States shall be made by advertising once a week for at least four weeks, in three of the principal papers published in the District of Columbia, for sealed proposals for supplying the same; and the contract shall be given to the lowest bidder, provided he shall give satisfactory security to perform the same, under a forfeiture not exceeding double the con- tract-price in case of failure. When immediate delivery is required by the public exigency, such supplies may be procured by purchase in open market, at the places and in the manner in which such supplies are usually bought and sold. Purchases of stationery and materials for folding shall be made in accordance with sections, sixty-five, sixty six, sixty-seven, sixty- eight, and sixty-nine, of the Revised Statutes of the United States : Provided further, That all contracts and bonds for purchases made under the authority of this act shall be filed with the Committee to Audit and Control the Contingent Expenses of the Senate or the Committee on Accounts of the House of Representatives respec- tively Act March 3, 1887, c. 392, § 1, 24 Stat. 596. The door-keepers of the two Houses are required to provide fuel by Rev. St. $ 73. Provisions for inspection of fuel purchased for the public service in the District of Columbia are contained in Rev. St. $$ 3711-3713. The requirement of Rev. St. $ 3743, as amended by Act July 31, 1894, c. 174, § 18, as to the filing of contracts in the offices of the Auditors of the Treasury, does not apply to the existing laws in regard to the contingent funds of Congress. ACT MARCH 3, 1891, c. 541, 8 1. Contracts for mail service for House. Hereafter the appropriations for hire of horses and mail wagons for carrying the mails for the House of Representatives shall be expended under the direction of the Postmaster of the House, un- der contracts to be let annually to the lowest responsible bidder therefor after due advertisement. Act March 3, 1891, c. 541, § 1, 26 Stat. 914. Secs. 69–72) 41 Tit. 2-THE CONGRESS- Ch. 5. ACT MARCH 3, 1901, c. 830, § 1. Contracts for packing boxes for use of House. And hereafter packing boxes for the use of the House of Representatives shall be procured after advertisement for proposals therefor, under specifications to be prepared by the Clerk of the House, and from the lowest and best bidder to furnish the same. * * Act March 3, 1901, c. 830, § 1, 31 Stat. 960. This is a provision of the legislative, executive, and judicial appro- priation act for the fiscal year ending June 30, 1902, cited above. Sec. 70. Detailed reports of receipts and expenditures. The Secretary of the Senate and the Clerk of the House of Rep- resentatives, respectively, shall report to Congress on the first day of each regular session, and at the expiration of their terms of serv- ice, a full and complete statement of all their receipts and expendi- tures as such officers, showing in detail the items of expense, classi- fying them under the proper appropriations, and also showing the aggregate thereof, and exhibiting in a clear and concise manner the exact condition of all public moneys by them received, paid out, and remaining in their possession as such officers. Act July 15, 1870, c. 302, § 1, 16 Stat. 365. Reports to Congress at the commencement of each session are re- quired from the Secretary of the Senate and the Clerk of the House by Rev. St. $$ 60-63, and from the Sergeant-at-Arms of the House by Act Oct. 1, 1890, c. 1256, & 7, ante, following Rev. St. $ 59. Sec. 71. Fees for copies from journals. The Secretary of the Senate and the Clerk of the House of Repre- sentatives, respectively, are entitled, for transcribing and certifying extracts from the journal of the Senate or the executive journal of the Senate when the injunction of secrecy has been removed, or from the journal of the House of Representatives, except when such transcripts are required by an officer of the United States in a mat- ter relating to the duties of his office, to receive from the persons for whom such transcripts are prepared the sum of ten cents for each sheet containing one hundred words. Act Aug. 8, 1846, c. 107, $ 2, 9 Stat. 80. Act Sept. 15, 1789, c. 14, 8 6, 1 Stat. 69. Act April 23, 1856, c. 20, 11 Stat. 5. Sec. 72. Accounts of property. The Secretary of the Senate, the Clerk of the House of Repre- sentatives, the Sergeant-at-Arms, the Postinasters of the Senate and House of Representatives, and the Door-keeper of the House of Representatives, shall, severally, make out and return to Congress, on the first day of each regular session, and at the expiration of their respective terms of service, a full and complete account of all 42 (Secs. 72–75 Tit. 2—THE CONGRESS - Ch. 5. property belonging to the United States in their possession, re- spectively, at the time of returning such account. Act July 15, 1870, c. 302, $ 2, 16 Stat. 365. Provisions for accounts of public property in and about the Capitol, the President's House, and the Botanic Garden are contained in Act April 17, 1900, c. 192, § 1, post, under Rev. St. § 157, and in Rev. St. $S 1832, 1833, and of public property in the buildings occupied by the Executive Departments in Rev. St. 197. ACT AUG. 7, 1882, c. 433, § 1. Sale of waste paper and condemned furniture. And it shall be the duty of the, Clerk and Doorkeeper of the House of Representatives and the Secretary and Sergeant-at-Arms of the Senate to cause to be sold all waste paper and useless docu- ments and condemned furniture that have accumulated during the fiscal year eighteen hundred and eighty-two, or that may hereafter accumulate, in their respective departments or offices, under the direction of the Committee on Accounts of their respective houses and cover the proceeds thereof into the Treasury; and they shall, at the beginning of each regular session of Congress, report to their respective houses the amount of said sales. Act Aug. 7, 1882, c. 433, § 1, 22 Stat. 337. Provisions for the disposition of accumulations of useless papers in the Executive Departments are set forth post, under Rev. St. $ 197, or referred to in notes thereto. Sec. 73. Door-keepers' duties. The Door-keepers of the Senate and House of Representatives shall perform the usual services pertaining to their respective offices during the session of Congress, and shall in the recess, under the direction of the Secretary of the Senate and Clerk of the House of Representatives, take care of the apartments occupied by the re- spective Houses, and provide fuel and other accommodations for their subsequent session. Act April 12, 1792, c. 20, 1 Stat. 252. Provisions as to the duties of officers of the House of Representatives in regard to the preparation of the roll and organization of the suc- ceeding House are contained in Rev. St. $8 31-33. Sec. 74. [Stricken out. Act Feb. 18, 1875, c. 80, § 1.] This section, relating to mileage to officers or others executing any precept or summons of either House, was stricken out, as one of the amendments made by Act Feb. 18, 1875, c. 80, 81, referred to in the note under Rev. St. § 65. Sec. 75. Abridgment of accompanying documents. The Joint Committee on Public Printing shall appoint a competent person who shall edit such portion of the documents accompanying Secs. 75-76) 43 Tit. 2—THE CONGRESS-Ch. 5. the annual reports of the Departments as they may deem suitable for popular distribution, and prepare an alphabetical index thereto. Act June 25, 1864, c. 155, § 1, 13 Stat. 184. Further provisions for the preparation of the abridgment authorized by this section are contained in Act Jan. 12, 1895, c. 23, $ 73, post, under Title XLV, “Public Printing,” etc. Provisions for compilation of the reports of committees, at the close of each session of Congress, are made by Act Jan. 12, 1895, c. 23, $ 83, post, under Title XLV, "Public Printing," etc. Printing, binding, and blank books for the Senate and House of Rep- resentatives are to be done at the Government Printing Office, except in cases otherwise provided by law, by Act Jan. 12, 1895, c. 23, § 87, post, under Title XLV, "Public Printing," etc. Requisition on the Public Printer for the binding for the Senate Library is authorized by a provision of Act March 2, 1895, c. 189, $ 1, post, under Title XLV, "Public Printing," etc. Sec. 76. Payments from contingent fund. No payment shall be made from the contingent fund of either House of Congress, unless sanctioned by the Committee to Audit and Control the Contingent Expenses of the Senate, or the Com- mittee on Accounts of the House of Representatives, respectively. Act March 14, 1864, c. 30, § 1, 13 Stat. 26. Restrictions on expenditure of appropriations for contingent expenses of either House of Congress are contained in Rev. St. $ 3680. The provisions of Rev. St. $ 3743, requiring contracts necessitating the advance of money, or in any manner connected with the settlement of public accounts, to be deposited in the offices of the Auditors of the Treasury, are not applicable to existing laws relating to the contingent funds of Congress, by said section. ACT MARCH 3, 1879, c. 183, § 1. Vouchers for payments from contingent fund of Senate. That when any duty is imposed upon a committee of the Senate involving expenses which are ordered to be paid out of the contin- gent fund of the Senate, upon vouchers to be approved by the chair- man of the committee charged with such duty, the receipt of the chairman of such committee for any sum paid to him or his order out of said contingent fund by the Secretary of the Senate shall be taken and passed by the accounting officers of the Treasury as a full and sufficient voucher; but it shall be the duty of such chair- man, as soon as practicable, to furnish vouchers in detail for the disbursement of such moneys to the Secretary of the Senate, who shall file them with the accounting officers aforesaid; and this pro- vision shall apply to all cases in which orders of the Senate have already been made. Act March 3, 1879, c. 183, § 1, 20 Stat. 419. ACT OCT. 2, 1888, c. 1069, $ 1. Conclusiveness of payments from contingent funds. Hereafter no payment shall be made from the contingent fund of the Senate unless sanctioned by the Committee to Audit and Con- 44 (Secs. 76-77 Tit. 2-THE CONGRESS--Ch. 5. trol the Contingent Expenses of the Senate, or from the contingent fund of the House of Representatives unless sanctioned by the Committee on Accounts of the House of Representatives. And hereafter payments made upon vouchers approved by the aforesaid respective committees shall be deemed, held, and taken, and are hereby declared to be conclusive upon all the departments and offi- cers of the Government: Provided, That no payment shall be made from said contingent funds as additional salary or compensation to any officer or employé of the Senate or House of Representatives. Act Oct. 2, 1888, c. 1069, § 1, 25 Stat. 546. All public accounts are required to be settled in the Treasury Depart- ment by Rev. St. $236. ACT MARCH 2, 1895, c. 177, § 1. Temporary Committee on Accounts of House to approve payments from contingent fund. That the Speaker of the House of Representatives of the Fifty- third Congress shall, before the expiration of his term of service, appoint from among the Representatives-elect to the Fifty-fourth Congress a temporary committee on accounts, of three members, which said committee on accounts shall have the same powers and perform the same duties in reference to payments made from the contingent fund of the House of Representatives of the Fifty-fourth Congress as are now authorized by law and the rules of the present House of Representatives; and which said temporary committee on accounts shall begin to exercise its powers immediately upon the termination of this Congress, and shall continue to exercise and discharge said duties until after the meeting and organization of the House of Representatives of the Fifty-fourth Congress, and until the appointment of the regular committee on accounts. And all payments made out of the contingent fund of the House of Representatives upon vouchers approved by said temporary com- mittee on accounts shall be deemed, held, and taken, and are hereby declared to be conclusive upon all the Departments and auditing officers of the Government. And hereafter the Speaker of the House of Representatives of each subsequent Congress shall, before the termination of the last session of each Congress, appoint, from the Representatives-elect, a temporary committee on accounts of three members, with similar powers and for the same purposes. Act March 2, 1895, c. 177, § 1, 28 Stat. 768. By rule 10 of the House it is provided that the Speaker shall ap- point, at the commencement of each Congress, standing committees, among them a committee "on accounts, to consist of nine members”; and by rule 11, par. 52, that "all proposed action touching the expen- diture of the contingent fund of the House, the auditing and settling of all accounts which may be charged therein by order of the House, shall be referred to the Committee on Accounts." Sec. 77. [Superseded. Act Jan. 12, 1895, C. 23, $ 73.] This section provided for the compilation of the Congressional Di- rectory at each session of Congress under the direction of the Joint Secs. 77-79) 45 Tit. 2—THE CONGRESS—Ch. 5. Committee on Public Printing, the first edition for each session to be ready for distribution within one week after the commencement there- of. It is superseded by different provisions for the compilation, print- ing, distribution, etc., of the Directory, contained in Act Jan. 12, 1895, c. 23, § 73, post, under Title XLV, "Public Printing, Advertisements, and Binding.” The printing of the Senate Manual and Digest and the Manual of the House are provided for by Act Jan. 12, 1895, c. 23, $ 73, post, under Title XLV, “Public Printing, Advertisements, and Public Documents.” Sec. 78. [As amended 1874.] Printing of debates. Until a contract for publishing the debates of Congress is made, such debates shall be printed by the Congressional Printer, under the direction of the Joint Committee on Public Printing on the part of the Senate and of the House of Representatives. Act March 3, 1873, c. 227, § 1, 17 Stat. 510. Act Jan. 22, 1874, c. 14, 18 Stat. 5. The words at the enů of the section, "and of the House of Repre- sentatives," were added by Act Jan. 22, 1874, cited above, which amended a proviso of the sundry civil appropriation act of March 3, 1873, incorporated in this section of the Revised Statutes; such amend- ment, although enacted before the Revised Statutes, taking effect as a subsequent statute, by virtue of Rev. St. & 5601. Provisions for reporting the debates are collected under Rev. St. § 54. Provisions for the printing, distribution, and sale of the Congressional Record, and of Indexes thereto, are contained in Title XLV, "Public Printing, Advertisements, and Public Documents." Sec. 79. [As amended 1875.] Publication of laws. After the fourth day of March, eighteen hundred and seventy- five, the publication of the laws in newspapers shall cease. Act May 8, 1872, c. 140, § 1, 17 Stat. 66. Act Feb. 18, 1875, c. 80, 18 Stat. 317. This section as originally enacted, providing that, after the date specified, “no money shall be paid from the Treasury for the publication of the laws in newspapers," was changed to read as above, as one of the amendments made by Act Feb. 18, 1875, c. 80, § 1, referred to un- der Rev. St. $ 65. The printing and publication of the laws at the Government Printing Office are provided for by Act Jan. 12, 1895, c. 23, § 73, and other subsequent provisions collected under Title XLV, "Public Printing, Ad- vertisements, and Public Documents." 46 (Sec. 80 Tit. 2—THE CONGRESS- Ch. 6. CHAPTER SIX. The Library of Congress. Sec. 80. Collections composing. 81. Library to be in two departments. 82. Joint Committee on Library. Act March 3, 1883, c. 141, $ 2. Joint Committee on Library during recess. 83. Incidental expenses of law library. 84. Purchase of books for law library. 85. Regulations for the Library. 86. Duplicate, injured, or Wasted books. 87. Agents for exchange, etc., of docu- ments. 88–91. [Superseded.] Act Feb. 19, 1897, c. 265, $ 1. Librarian of Congress, officers and employés, and Superintendent of Library building and grounds. Act July 19, 1897, c. 9, § 1. Disbursements by Superintendent of Library building and grounds. 92. No maps to be taken out. 93. Who may take out books. 94. Persons specially privileged to use Library. Act March 3, 1875, c. 179. Use of Library by Regents of Smithsonian Institution, Sec. Res. Aug. 28, 1890, No. 41. Use of Library by Interstate Com- merce Commission, and by Chief of Engineers of Army. Res. Jan. 27, 1894, No. 9. Use of Library by Justices of Courts of District of Columbia. 95. Use and regulation of law library. Act July 11, 1888, c. 615, $ 1. Law library to be open while Con- gress in session. 96. Copies of Statutes at Large. 97. Copies of journals and documents. 98. Deposit in Library of journals of Senate and House. Act June 6, 1900, c. 791, $ 1. Preservation in Library of files of House. Act March 3, 1901, c. 830, $ 1. Library of House under Librarian of Congress. 99. Smithsonian library. 100. How to be kept and used. Act March 3, 1887, c. 362, $ 1. Commission on historical and other manuscripts. Sec. 80. Collections composing. The Library of Congress, composed of the books, maps, and other publications which now remain in existence, from the collec- tions heretofore united under the act of January twenty-six, eighteen hundred and two, chapter two; the resolution of October twenty- one, eighteen hundred and fourteen; the act of January thirty, eighteen hundred and fifteen, chapter twenty-seven; the act of June twenty-five, eighteen hundred and sixty-four, chapter one hundred and forty-seven, section one; the resolution of July twenty-five, eight- een hundred and sixty-six; the act of March two, eighteen hundred and sixty-seven, chapter one hundred and sixty-seven, section one; and those added from time to time by purchase, exchange, donation, reservation from publications ordered by Congress, deposit to secure copyright, and otherwise, shall be preserved in the Capitol in the rooms which were, on the fourth day of July, eighteen hundred and Secs. 80-84) 47 Tit. 2—THE CONGRESS—Ch. 6. seventy-two, appropriated to its use, and in such others as may hereafter be assigned thereto. Act Jan. 26, 1802, c. 2, 2 Stat. 128. Res. Oct. 21, 1814, No. 3, 3 Stat. 246. Act Jan. 30, 1815, c. 27, 3 Stat. 195. Act June 25, 1864, c. 147, § 1, 13 Stat. 148. Res. July 25, 1866, No. 77, 14 Stat. 365. Act March 2, 1867, c. 167, § 1, 14 Stat. 461. Provisions for the removal of the Library to the Library Building, and for the custody, care, and maintenance of that building, were made by Act Feb. 19, 1897, c. 265, § 1, post, under Rev. St. 88 88-91. Sec. 81. Library to be in two departments. The Library of Congress shall be arranged in two departments, a general library and a law library. Act July 14, 1832, c. 221, § 1, 4 Stat. 579. Sec. 82. Joint Committee on Library. The unexpended balance of any sums appropriated by Congress for the increase of the general library, together with such sums as may hereafter be appropriated to the same purpose, shall be laid out under the direction of a joint committee of Congress upon the Library, to consist of three members of the Senate and three mem- bers of the House of Representatives. Act April 24, 1800, c. 37, § 5, 2 Stat. 56. Act Jan. 26, 1802, c. 2, $ 6, 2 Stat. 129. ACT MARCH 3, 1883, c. 141, $ 2. Joint Committee on Library during recess. That the portion of the Joint Committee of Congress upon the Library on the part of the Senate remaining in office as Senators shall during the recess of Congress exercise the powers and dis- charge the duties conferred by law upon the Joint Committee of Congress upon the Library. Act March 3, 1883, c. 141, $ 2, 22 Stat. 592. Sec. 83. Incidental expenses of law library. The incidental expenses of the law library shall be paid out of the appropriations for the Library of Congress. Act July 14, 1832, c. 221, § 3, 4 Stat. 579. Sec. 84. Purchase of books for law library, The Librarian shall make the purchases of books for the law library, under the direction of and pursuant to the catalogue fur- nished him by the Chief Justice of the Supreme Court. Act July 14, 1832, c. 221, § 4, 4 Stat. 579. Printing and binding for the Library are to be done at the Government Printing Office, by Act Jan. 12, 1895, c. 23, $ 93, post, under Title XLV, “Public Printing, Advertisements, and Public Documents." 48 (Secs. 85-91 Tit. 2-THE CONGRESS-Ch. 6. Sec. 85. Regulations for the Library. The Joint Committee upon the Library is authorized to estab- lish regulations, not inconsistent with law, in relation to the Library of Congress or either department thereof; and from time to time to alter, amend, or repeal the same; but such regulations as to the law library shall be subject to those imposed by the justices of the Supreme Court under section ninety-five. And until they impose new regulations or restrictions, the care and business of the Library shall continue to be regulated by such rules as may have been here- tofore imposed by any lawful authority. Act Jan. 26, 1802, c. 2, § 2, 2 Stat. 129. Provision for the performance of the duties of the Joint Committee, up- on the Library, during the recess of Congress, is made by Act March 3, 1883, c. 141, § 2, ante, under Rev. St. § 82. The Librarian is authorized to make rules and regulations for the gov- ernment of the Library, by Act Feb. 19, 1897, c. 265, § 1, post, under Rev. St. SS 88-91. The Justices of the Supreme Court are authorized to make regulations for the use of the law library, by Rev. St. $ 95. Sec. 86. Duplicate, injured, or wasted books. The Joint Committee upon the Library may, at any time, ex- change, or otherwise dispose of duplicate, injured, or wasted books of the Library, or documents, or any other matter in the Library not deemed proper to it, as they deem best. Act June 26, 1848, c. 73, $ 1,9 Stat. 240. Sec. 87. Agents for exchange, etc., of documents. The Joint Committee upon the Library may from time to time appoint such agents as they deem requisite, to carry into effect the donation and exchange of documents and other publications placed at their disposal for the purpose. Act June 26, 1848, c. 73, § 1, 9 Stat. 240. Secs. 88–91. [Superseded. Act Feb. 19, 1897, C. 265, § 1.] These sections provided for the appointment of a Librarian by the President solely, the Librarian's bond and salary, and the employment by him of assistants. The provisions of Act Feb. 19, 1897, c. 265, § 1, for the same purposes, are set forth below. ACT FEB. 19, 1897, c. 265, $ 1. Librarian of Congress, officers and employés, and Superintendent of Li- brary building and grounds. For Librarian of Congress, to be appointed by the President, by and with the advice and consent of the Senate, five thousand dollars ; and the Librarian shall make rules and regulations for the govern- ment of the Library of Congress. Sec. 91) 49 Tit. 2—THE CONGRESS-Ch. 6. * * * * * For the following, to be selected by the Librarian of Congress, by reason of special aptitude for the work of the Library, including the copyright work, namely: For chief assistant Librarian, four thousand dollars; assistant librarian (superintendent of reading room), three thousand dollars; chief of catalogue depart- ment, three thousand dollars; * * superintendent of art gallery, two thousand dollars; * * superintendent of hall of maps and charts, two thousand dollars; * * superintendent of periodical de- partment, one thousand five hundred dollars; * superintendent of manuscript department, one thousand five hundred dollars; superintendent of music department, one thousand five hundred dol- lars; superintendent of Congressional reference library at Capitol, one thousand five hundred dollars; * * superintendent of law library, two thousand dollars; Copyright department: For the following under the direction of the Librarian of Congress, necessary for the execution of the copy- right law, namely: Register of copyrights, three thousand dollars, who shall, on and after July first, eighteen hundred and ninety-seven, under the direction and supervision of the Librarian of Congress, per- form all the duties relating to copyrights, and shall make weekly de- posits with the Secretary of the Treasury, and make monthly reports to the Secretary of the Treasury and to the Librarian of Congress, and shall, on and after July first, eighteen hundred and ninety-seven, give bond to the Librarian of Congress, in the sum of twenty thou- sand dollars, with approved sureties, for the faithful discharge of his duties; Custody, care, and maintenance of Library building and grounds: For superintendent of the Library building and grounds, to be ap- pointed by the President, by and with the advice and consent of the Senate, five thousand dollars; and said superintendent shall dis- burse all appropriations made for and on account of the Library and Library building and grounds, and shall on and after July first, eighteen hundred and ninety-seven, give bond, payable to the United States in the sum of thirty thousand dollars, with sureties approved by the Secretary of the Treasury, for the faithful discharge of his duties; and for the employment by said superintendent of all neces- sary clerks, messengers, watchmen, engineers, firemen, electrician, elevator conductors, mechanics, laborers, charwomen, and others for the proper custody, care, and maintenance of said building and grounds, Provided, That all persons employed in and about said Library of Congress, under the Librarian or the superintendent of the Library building and grounds shall be appointed solely with reference to their fitness for their particular duties. The Librarian of Congress shall on and after July first, eighteen hundred and ninety-seven, give bond, payable to the United States, in the sum of twenty thousand dollars, with sureties approved by the Secretary of the Treasury, for the faithful discharge of his duties according to law. The Librarian of Congress shall make to Congress at the be- ginning of each regular session, a report for the preceding fiscal LAWS '01-4 * * * * 50 (Secs. 91-94 Tit. 2—THE CONGRESS-Ch. 6. year, as to the affairs of the Library of Congress, including the copyright business, and said report shall also include a detailed state- ment of all receipts and expenditures on account of the Library and said copyright business. The rooms and all space now occupied by the Library of Congress in the Capitol building shall not, after the removal of said Library, be occupied, either permanently or temporarily, for any purpose whatever until so ordered by Congress. Act Feb. 19, 1897, c. 265, § 1, 29 Stat. 544. These provisions of the legislative, executive, and judicial appropria- tion act of 1897 were made in connection with appropriations for the removal of the Library to the Library building, for the care, custody, and maintenance of the Library building and grounds, and for furniture for the Library. Besides the officers and employés specified above, pro- vision is made in the clauses omitted for numerous others, designated as assistants, attendants, attendants and collators, watchmen, and laborers, and, in the Copyright Department, various clerks. There is no substan- tive law creating these offices, or authorizing appointments or employment in the Library, other than the provisions of this and subsequent appropri- ation acts. As the later acts provide for officers, clerks, and employés, and for salaries different from those fixed by the above section, the pór- tions thereof omitted at least may be regarded as superseded. The ap- propriations for the year ending June 30, 1902, are contained in the legis- lative, executive, and judicial appropriation act of March 3, 1901, c. 830, § 1, 31 Stat. 969–971. ACT JULY 19, 1897, c. 9, § 1. Disbursements by Superintendent of Library building and grounds. The superintendent of the Library building and grounds shall here- after disburse all appropriations made for and on account of the Botanic Garden, and shall also disburse all appropriations author- ized to be expended by the Joint Committee on the Library. Act July 19, 1897, c. 9, § 1, 30 Stat. 105. Sec. 92. No maps to be taken out. No map shall be taken out of the Library by any person. Act Jan. 26, 1802, c. 2, § 4, 2 Stat. 129. Sec. 93. Who may take out books. No book shall be taken from the Library except by the President, the Vice-President, Senators, Representatives, and Delegates in Con- gress, and the persons enumerated in section ninety-four, or other- wise authorized by law. Act Jan. 26, 1802, c. 2, § 4, 2 Stat. 129. Act March 3, 1875, c. 179, 18 Stat. 512. Sec. 94. Persons specially privileged to use Library. The Joint Committee on the Library is authorized to grant the privilege of using and drawing books from the Library, in the same Sec. 94) 51 Tit. 2—THE CONGRESS—Ch. 6. manner and subject to the same regulations as members of Con- gress, to'any of the following persons: First. Heads of Departments. Second. The Chief Justice and associate justices, the reporter, and clerk of the Supreme Court. Third. Members of the diplomatic corps. Fourth. The judges and clerk of the Court of Claims. Fifth. The Solicitor-General, and Assistant Attorneys-General. Sixth. The Secretary of the Senate. Seventh. The Clerk of the House of Representatives. Eighth. The Chaplains of the two Houses of Congress. Ninth. The Solicitor of the Treasury. Tenth. The financial agent of the Joint Committee on the Library. Eleventh. The Smithsonian Institution, through its Secretary. Twelfth. Any person, when in the District of Columbia, who has been President. Act May 1, 1810, c. 50, 2 Stat. 612. Res. March 2, 1812, No. 1, 2 Stat. 786. Act April 16, 1816, c. 46, $ 3, 3 Stat. 284. Res. Jan. 13, 1830, No. 2, 4 Stat. 429. Res. Aug. 11, 1848, No. 26, 9 Stat. 310. Act March 3, 1863, c. 92, $ 4, 12 Stat. 765. Act April 5, 1866, c. 25, $ 3, 14 Stat. 13. Act March 3, 1875, c. 179, 18 Stat. 512. ACT MARCH 3, 1875, c. 179. An Act Extending the Privilege of the Library of Congress to the Regents of the Smithsonian Institution. (18 Stat. 512.) Use of Library by Regents of Smithsonian Institution. Be it enacted, &c., That the Joint Committee of both Houses of Congress on the Library be authorized to extend the use of the books in the Library of Congress to the Regents of the Smithsonian Institution resident in Washington on the same conditions and re- strictions as members of Congress are allowed to use the Library. Act March 3, 1875, c. 179, 18 Stat. 512. RES. AUG. 28, 1890, No. 41. Joint Resolution Extending the Privilege of the Library of Con- gress to the members and Secretary of the Interstate Commerce Commission, and the Chief of Engineers of the Corps of En- gineers United States Army. (26 Stat. 678.) Use of Library by Interstate Commerce Commission, and by Chief of Engineers of Army. Resolved, &c., That the Joint Committee of Congress on the Library be authorized to extend the use of the books in the Library of Congress to the members and secretary of the Interstate Com- merce Commission, and the Chief of Engineers of the Corps of Engineers United States Army, resident in Washington, on the same conditions and restrictions as members of Congress are allowed to use the Library. Res. Aug. 28, 1890, No. 41, 26 Stat. 678. 52 (Secs. 94-98 Tit. 2-THE CONGRESS-Ch. 6. RES. JAN. 27, 1894, No. 9. Joint Resolution Authorizing the Chief Justice and Associate Jus- tices of the Court of Appeals and of the Supreme Court of the District of Columbia to Use and Take Books from the Library of Congress. (28 Stat. 577.) Use of Library by Justices of Courts of District of Columbia. Resolved, &c., That the chief justice and associate justices of the court of appeals of the District of Columbia and the chief justice and associate justices of the supreme court of said District be authorized to use and take books from the Library of Congress in the same manner and subject to the same regulations as Justices of the Su- preme Court of the United States. Res. Jan. 27, 1894, No. 9, 28 Stat. 577. Sec. 95. Use and regulation of law library. The justices of the Supreme Court shall have free access to the law library; and they are authorized to make regulations, not in- consistent with law, for the use of the same during the sittings of the court. But such regulations shall not restrict any person au- thorized to take books from the Library from having access to the law library, or using the books therein in the same manner as he may be entitled to use the books of the general Library. Act July 14, 1832, c. 221, § 2, 4 Stat. 579. ACT JULY 11, 1888, c. 615, $ 1. Law library to be open while Congress in session. That hereafter the law library shall be kept open every day so long as either House of Congress is in session. Act July 11, 1888, c. 615, $ 1,25 Stat. 262. Sec. 96. Copies of Statutes at Large. Ten of the copies of the Statutes at Large, published by Little, Brown & Co., which were deposited in the Library prior to Febru- ary fifth, eighteen hundred and fifty-nine, shall be retained by the Librarian for the use of the justices of the Supreme Court, during the terms of court. Act Feb. 5, 1859, c. 22, § 11, 11 Stat. 381. Sec. 97. Copies of journals and documents. Two copies of the journals and documents, and of each book printed by either House of Congress, well bound in calf, shall be deposited in the Library, and must not be taken therefrom. Res. Jan. 28, 1857, No. 5, § 5, 11 Stat. 253. Sec. 98. Deposit in Library of journals of Senate and House. Twenty-five copies of the public journals of the Senate, and of the House of Representatives, shall be deposited in the Library of the Secs. 98-99) 53 Tit. 2—THE CONGRESS—Ch. 6. United States, at the seat of Government, to be delivered to mem- bers of Congress during any session, and to all other persons au- thorized by law to use the books in the Library, upon their appli- cation to the Librarian, and giving their responsible receipts for the same, in like manner as for other books. Res. Dec. 27, 1813, No. 1, 3 Stat. 140. Res. July 20, 1840, No. 5, 5 Stat. 409. Provisions for distribution of the journals of each House, including a larger number of each to the Library of Congress, were made by Act Oct. 19, 1888, c. 1213, 25 Stat. 610; and subsequent provisions for the printing at the Government Printing Office and distribution of the jour- nals are contained in Act Jan. 12, 1895, c. 23, $ 73, post, under Title XLV, "Public Printing, Advertisements, and Public Documents.” ACT JUNE 6, 1900, c. 791, $ 1. Preservation in Library of files of House. Files, House of Representatives: The Clerk of the House of Representatives is hereby authorized and directed to deliver to the Librarian of Congress all bound volumes of original papers, general petitions, printed matter, books, and manuscripts now in, or that may hereafter come into, the files of the House, which in his judg- ment are not required to be retained in the immediate custody of the file clerk; and it shall be the duty of the Librarian of Congress to cause all such matter so delivered to him to be properly classified by Congress and arranged for preservation and ready reference. All of such matter to be held as a part of the files of the House of Representatives, subject to its orders and rules. Act June 6, 1900, c. 791, § 1, 31 Stat. 612. ACT MARCH 3, 1901, c. 830, § 1. Library of House under Librarian of Congress. The library of the House of Representatives shall hereafter be un- der the control and direction of the Librarian of Congress, who shall provide all needful books of reference therefor. The librarian, two assistant librarians, and assistant in the library, * shall be appointed by the Clerk of the House, with the approval of the Speaker of the House of Representatives of the Fifty-sixth Congress, and thereafter no removals shall be made from the said positions except for cause reported to and approved by the Committee on Rules. Act March 3, 1901, c. 830, § 1, 31 Stat. 964. Sec. 99. Smithsonian library. The library collected by the Smithsonian Institution under the provisions of the act of August ten, eighteen hundred and forty-six, chapter twenty-five, and removed from the building of that Institu- tion, with the consent of the Regents thereof, to the Library of Con- gress, shall, while there deposited, be subject to the same regulations as the Library of Congress, except as hereinafter provided. Act April 5, 1866, c. 25, § 1, 14 Stat. 13. 54 (Secs. 100-101 Tit. 2—THE CONGRESS-Ch. 7. Sec. 100. How to be kept and used. The Smithsonian Institution shall have the use thereof in like man- ner as before its removal, and the public shall have access thereto for purposes of consultation on every ordinary week-day, except dur- ing one month of each year, in the recess of Congress, when it may be closed for renovation. All the books, maps, and charts of the Smith- sonian library shall be properly cared for and preserved in like manner as are those of the Congressional Library, from which the Smithsonian library shall not be removed except on re-imburse- ment by the Smithsonian Institution to the Treasury of the United States of expenses incurred in binding and in taking care of the same, or upon such terms and conditions as shall be mutually agreed upon by Congress and the Regents of the Institution. Act April 5, 1866, c. 25, $ 2, 14 Stat. 13. ACT MARCH 3, 1887, c. 362, $ 1. Commission on historical and other manuscripts. That the Secretary of State, the Librarian of Congress, and the Secretary of the Smithsonian Institute, and their successors in office, are hereby constituted a commission whose duty it shall be to re- port to Congress the character and value of the historical and other manuscripts belonging to the Government of the United States, and what method and policy should be pursued in regard to editing and publishing the same, or any of them. Act March 3, 1887, c. 362, § 1, 24 Stat. 542. CHAPTER SEVEN. Congressional Investigations. Sec. 101. Oaths to witnesses, by whom ad- ministered. Act June 26, 1884, c. 123. Oaths to witnesses may be administer- ed by any member of Congress. 102. Refusal of witness to testify. 103. No privilege to refuse to answer criminating questions. 104. Proceedings against witnesses failing to testify. Sec. Act May 1, 1876, c. 88. Fees of witnesses residing in District of Columbia. Act Feb. 3, 1879, c. 40. 1. Taking by master in chancery of testimony as to private claims pending before Congress. 2. Service of subpænas, compensa- tion of officers and witnesses, return of depositions, etc. Sec. 101. Oaths to witnesses, by whom administered. The President of the Senate, the Speaker of the House of Repre- sentatives, or a chairman of a Committee of the Whole, or of any Secs. 101-101) 55 Tit. 2—THE CONGRESS—Ch. 7. committee of either House of Congress, is empowered to administer oaths to witnesses in any case under their examination. Act May 3, 1798, c. 36, 81, 1 Stat. 554. Act Feb. 8, 1817, c. 10, 3 Stat. 345. Provisions for administration of oaths in the Senate, by the Presiding Officer for the time being, the Secretary of the Senate, or the Chief Clerk, including oaths to witnesses, are contained in Act April 18, 1876, c. 66, ante, under Rev. St. $ 29. Authority to administer oaths to witnesses is also conferred upon mem- bers of either House by Act June 26, 1884, c. 123, set forth below; and upon masters in chancery, on examination of witnesses as to private claims pending before any committee, by Act Feb. 3, 1879, c. 40, post, under Rev. St. $ 104. ACT JUNE 26, 1884, c. 123. An Act to Provide for the Administration of Oaths to witnesses in Matters Depending in Either House of Congress. (23 Stat. 60.) Oaths to witnesses may be administered by any member of Congress. Be it enacted, &c., That any member of either House of Congress may administer oaths to witnesses in any matter depending in either House of Congress of which he is a member, or any committee thereof. Act June 26, 1884, c. 123, 23 Stat. 60. Sec. 102. Refusal of witness to testify. Every person who having been summoned as a witness by the authority of either House of Congress, to give testimony or to pro- duce papers upon any matter under inquiry before either House, or any committee of either House of Congress, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the question under inquiry, shall be deemed guilty of a misde- meanor, punishable by a fine of not more than one thousand dollars nor less than one hundred dollars, and imprisonment in a common jail for not less than one month nor more than twelve months. Act Jan. 24, 1857, c. 19, § 1, 11 Stat. 155. Sec. 103. No privilege to refuse to answer criminating questions. No witness is privileged to refuse to testify to any fact, or to pro- duce any paper, respecting which he shall be examined by either House of Congress, or by any committee of either House, upon the ground that his testimony to such fact or his production of sucli paper may tend to disgrace him or otherwise render him infamous. Act Jan. 24, 1862, c. 11, 12 Stat. 333. Provisions that testimony given by the witness shall not be used against him in any criminal proceeding are contained in Rev. St. $ 859. Sec. 104. Proceedings against witnesses failing to testify. Whenever a witness summoned as mentioned in section one hun- dred and two fails to testify, and the facts are reported to either 56 (Sec. 104 Tit. 2-THE CONGRESS—Ch. 7. House, the President of the Senate or the Speaker of the House, as the case may be, shall certify the fact under the seal of the Senate or House to the district attorney for the District of Columbia, whose duty it shall be to bring the matter before the grand jury for their action. Act Jan. 24, 1857, c. 19, $ 3, 11 Stat. 156. ACT MAY 1, 1876, c. 88. Fees of witnesses residing in District of Columbia. * * That witnesses residing in the District of Columbia and not in the service of the government of said District or of the United States, who shall be summoned to give testimony before any commit- tee of the House of Representatives, shall not be allowed exceeding two dollars for each day's attendance before said committee. Act May 1, 1876, c. 88, 19 Stat. 41. This is a proviso annexed to an appropriation in the deficiency appro- priation act for the fiscal year ending June 30, 1876, cited above. ACT FEB. 3, 1879, c. 40. An Act to Provide for Taking Testimony, to be used before Con- gress, in Cases of Private Claims against the United States. . (20 Stat. 278.) Taking by master in chancery of testimony as to private claims pend- ing before Congress. Be it enacted, &c., That any committee of either house of Con- gress before which any private claim against the United States may at any time be pending, being first thereto authorized by the House appointing them, may order testimony to be taken, and books and papers to be examined, and copies thereof, proved, before any stand- ing master in chancery of the circuit of the United States within the judicial district where such testimony or evidence is to be taken. Such master in chancery, upon receiving a copy of the order of such committee, signed by its chairman, setting forth the time and place when and where such examination is to be had, the questions to be investigated, and, so far as may be known to the committee, the names of the witnesses to be examined on the part of the United States, and the general nature of the books, papers, and documents to be proved, if known, shall proceed to give to such private parties reasonable notice of the time and place of such examination, unless such notice shall have been or shall be given by such committee or its chairman, or by the attorney or agent of the United States, or waived by such private party. And such master shall issue sub- poenas for such witnesses as may have been named in the order of such committee, and such others as the agent or other repre- sentative of the United States hereinafter mentioned shall request. And he shall also issue subpoenas at the request of such private party, or parties, for such witnesses within such judicial district as they may desire: Provided, That the United States shall not be liable for the fees of any officer for serving any subpoena for any private varty, nor for the fees of any witness on behalf of such party. Said Sec. 104) 57 Tit. 2—THE CONGRESS—Ch. 7. committee may inform the district attorney of the United States for the district where the testimony is to be taken of the time, place, and object of such examination, and request his attendance in be- half of the government in conducting such examination, in which case it shall be his duty to attend in person, or by an assistant em- ployed by him, to conduct such examination on the part of the United States, or such committee may, at its option, appoint an agent or attorney, or one of its own members, for that purpose, as they may deem best; and in that event, if the committee shall not be unanimous, the minority of the committee may also appoint such agent or attorney of member of such committee to attend and take part in such examination. Act Feb. 3, 1879, c. 40, § 1, 20 Stat. 278. Service of subpoenas, compensation of officers and witnesses, return of depositions, etc. Sec. 2. It shall be the duty of the marshal of the United States for the district in which the testimony is to be taken to serve, or cause to be served, all subpænas issued in behalf of the United States under this act, in the same manner as if issued by the circuit court for his district; and he shall, upon being first paid his fees therefor, serve any subpoenas that may be issued at the instance of such private party or parties. And the said master may, in his dis- cretion, appoint any other person to serve any subpoena. Such mas- ter shall have full power to administer oaths to witnesses, and the same power to issue attachments to compel the attendance of wit- nesses and the production of books, papers and documents, as the circuit or district court of his district would have in a case pending before it; and it shall be his duty to report the conduct of con- tumacious witnesses before him to the house of Congress appointing such committee. The compensation of such master in chancery, and of marshals and deputy marshals, and of any person appointed to serve papers, shall be the same as for like services in equity cases in the circuit court of the United States; And the compensation of witnesses shall be the same as for like attendance and travel of wit- nesses before such circuit courts; And all such fees and compen- sation of officers and witnesses on behalf of the United States, and other expenses of all investigations which may be had under the provisions of this act on the part of the United States, shall be paid out of the contingent fund of the branch of Congress appointing such committee. Said master, when the examination is concluded, shall attach together all the depositions and exhibits, and attach thereto his certificate setting forth or referring to the authority by which they were taken, any notices he may have given, the names of the witnesses for whom subpænas or attachments were issued, the names of witnesses who attended, with the time of attendance and mileage and fees of each witness on behalf of the United States, which he may require to be shown by affidavit, his own fees, the fees of the marshal, his deputies or other persons serving papers, giving the items, and such other facts in relation to the circumstances connected with the taking of the depositions as he may deem mate- 58 (Sec. 105 Tit. 2-THE CONGRESS—Ch. 8. rial. He shall then seal up such depositions and papers securely, direct them to the chairman of such committee at Washington, stat- ing briefly on the outside the nature of the contents, and place the same in the post-office, paying the postage thereon; and said package shall be opened only in the presence of such committee. The chairman of any committee ordering testimony to be taken under this act shall, at least ten days before the time fixed for such examination, and within two days after the adoption of such order, cause a copy thereof to be directed and delivered to the Attorney- General of the United States, or sent to him by mail at the Depart- ment of Justice, to enable him to give such instructions as he may deem best to the district attorney of the district where such testi- mony is to be taken, who may, and, if required by the Attorney- General, shall, though not requested by the committee, appear for the United States in person or by assistant, and take such part in such examination as the Attorney-General shall direct. Act Feb. 3, 1879, c. 40, § 2, 20 Stat. 279. CHAPTER EIGHT, Contested Elections. Sec. 105. Notice of intention to contest. 106. Time for answer. 107. Time for taking testimony. Act March 2, 1875, c. 119, $ 2. Computation of time for taking testi- mony. 108. Notice of depositions; service. 109. Testimony taken at several places at same time. 110. Who may issue subpoenas. 111. What the subpoena shall contain. 112. When justices of the peace may act. 113. Depositions by consent. 114. Service of subpoena. 115. Witnesses need not attend out of the county. 116. Penalty for failure to attend or testify. 117. Witnesses outside of district. 118. Party notified may select an offi- cer. Sec. 119. Depositions taken by party or agent. 120. Examination of witnesses. 121. Testimony, to what confined. 122. Testimony, how written out and attested. 123. Production of papers. 124. Adjournments. 125. Notice, etc., attached to deposi- tions. 126. Copy of notice and answer to ac- company testimony. 127. How testimony to be sent to Clerk of House; how opened. 128. Fees of witnesses. 129. Fees of officers. 130. Expenses of contest. Act March 3, 1879, c. 182, $ 1. Limitation of allowance for expenses of contest. Sec. 105. Notice of intention to contest. Whenever any person intends to contest an election of any meni- ber of the House of Representatives of the United States, he shall, Secs. 106-108) 59 Tit. 2—THE CONGRESS—Ch. 8. within thirty days after the result of such election shall have been determined by the officer or board of canvassers authorized by law to determine the same, give notice, in writing, to the member whose seat he designs to contest, of his intention to contest the same, and, in such notice, shall specify particularly the grounds upon which he relies in the contest. Act Feb. 19, 1851, c. 11, § 1, 9 Stat. 568. Sec. 106. Time for answer. Any member upon whom the notice mentioned in the preceding section may be served shall, within thirty days after the service thereof, answer such notice, admitting or denying the facts alleged therein, and stating specifically any other grounds upon which he rests the validity of his election; and shall serve a copy of his an- swer upon the contestant. Act Feb. 19, 1851, c. 11, $ 2,9 Stat. 568. Sec. 107. Time for taking testimony. In all contested-election cases the time allowed for taking testimony shall be ninety days, and the testimony shall be taken in the follow- ing order: The contestant shall take testimony during the first forty days, the returned member during the succeeding forty days, and the contestant may take testimony in rebuttal only during the remaining ten days of said period. Act Jan. 10, 1873, c. 24, § 1, 17 Stat. 408. This section is construed by Act March 2, 1875, c. 119, § 2, set forth below. ACT MARCH 2, 1875, c. 119, § 2. Computation of time for taking testimony. That section one hundred and seven of the Revised Statutes of the United States shall be construed as requiring all testimony in cases of contested election to be taken within ninety days from the day on which the answer of the returned member is served upon the contestant. Act March 2, 1875, c. 119, § 2, 18 Stat. 338. Sec. 108. Notice of depositions; service. The party desiring to take a deposition under the provisions of this chapter shall give the opposite party notice, in writing, of the time and place, when and where the same will be taken, of the name of the witnesses to be examined and their places of residence, and of the name of an officer before whom the same will be taken. The notice shall be personally served upon the opposite party, or upon any agent or attorney authorized by him to take testimony or cross- examine witnesses in the matter of such contest, if, by the use of 60 (Secs. 109-112 Tit. 2--THE CONGRESS—Ch. 8. reasonable diligence, such personal service can be made; but if, by the use of such diligence, personal service cannot be made, the serv- ice may be made by leaving a duplicate of the notice at the usual place of abode of the opposite party. The notice shall be served so as to allow the opposite party sufficient time by the usual route of travel to attend, and one day for preparation, exclusive of Sundays and the day of service. Testimony in rebuttal may be taken on five days' notice. Act Jan. 10, 1873, c. 24, $$ 1, 3, 17 Stat. 408. Act Feb. 19, 1851, c. 11, $ 6, 9 Stat. 569. Sec. 109. Testimony taken at several places at same time. Testimony in contested-election cases may be taken at two or more places at the same time. Act Jan. 10, 1873, c. 24, § 1, 17 Stat. 408. Sec. 110. Who may issue subpenas. When any contestant or returned member is desirous of obtain- ing testimony respecting a contested election, he may apply for a subpæna to either of the following officers who may reside within the congressional district in which the election to be contested was held: First. Any judge of any court of the United States. Second. Any chancellor, judge, or justice of a court of record of any State. Third. Any mayor, recorder, or intendent of any town or city. Fourth. Any register in bankruptcy or notary public. Act Feb. 19, 1851, c. 11, § 3, 9 Stat. 568. Act Jan. 23, 1869, c. 15, 15 Stat. 267. Sec. 111. What the subpoena shall contain. The officer to whom the application authorized by the preceding section is made shall thereupon issue his writ of subpæna, directed to all such witnesses as shall be named to him, requiring their at- tendance before him, at some time and place named in the subpoena, in order to be examined respecting the contested election. Act Feb. 19, 1851, c. 11, § 3, 9 Stat. 568. Sec. 112. When justices of the peace may act. In case none of the officers mentioned in section one hundred and ten are residing in the congressional district from which the election is proposed to be contested, the application thereby author- ized may be made to any two justices of the peace residing within the district; and they may receive such application, and jointly pro- ceed upon it. Act Feb. 19, 1851, c. 11, § 10, 9 Stat. 570. Secs. 113–117) 61 Tit. 2—THE CONGRESS—Ch. 8. Sec. 113. Depositions by consent. It shall be competent for the parties, their agents or attorneys authorized to act in the premises, by consent in writing, to take depositions without notice; also, by such written consent, to take depositions (whether upon or without notice) before any officer or officers authorized to take depositions in common law, or civil ac- tions, or in chancery, by either the laws of the United States or of the State in which the same may be taken, and to waive proof of the official character of such officer or officers. Any written consent given as aforesaid shall be returned with the depositions. Act Jan. 10, 1873, c. 24, 83, 17 Stat. 408. Sec. 114. Service of subpoena. Each witness shall be duly served with a subpoena, by a copy thereof delivered to him or left at his usual place of abode, at least five days before the day on which the attendance of the witness is required. Act Feb. 19, 1851, c. 11, $ 4, 9 Stat. 569. Sec. 115. Witnesses need not attend out of the county. No witness shall be required to attend an examination out of the county in which he may reside or be served with a subpoena. Act Feb. 19, 1851, c. 11, $ 4, 9 Stat. 569. Sec. 116. Penalty for failure to attend or testify. Any person who, having been summoned in the manner above directed, refuses or neglects to attend and testify, unless prevented by sickness or unavoidable necessity, shall forfeit the sum of twenty dollars, to be recovered, with costs of suit, by the party at whose instance the subpæna was issued, and for his use, by an action of debt, to any court of the United States; and shall also be liable to an indictment for a misdemeanor, and punishment by fine and im- prisonment. Act Feb. 19, 1851, c. 11, § 5, 9 Stat. 569. Sec. 117. Witnesses outside of district. Depositions of witnesses residing outside of the district and be- yond the reach of a subpoena may be taken before any officer au- thorized by law to take testimony in contested-election cases in the district in which the witness to be examined may reside. Act Jan. 10, 1873, c. 24, § 2, 17 Stat. 408. 62 (Secs. 118-122 Tit. 2-THE CONGRESS—Ch. 8. Sec. 118. Party notified may select an officer. The party notified as aforesaid, his agent or attorney, may, if he see fit, select an officer (having authority to take depositions in such cases) to officiate, with the officer named in the notice, in the taking of the depositions; and if both such officers attend, the depositions shall be taken before them both, sitting together, and be certified by them both. But if only one of such officers attend, the depositions may be taken before and certified by him alone. Act Jan. 10, 1873, c. 24, § 3, 17 Stat. 408. Sec. 119. Depositions taken by party or agent. At the taking of any deposition under this chapter, either party may appear and act in person, or by agent or attorney. Act Jan. 10, 1873, c. 24, § 3, 17 Stat. 408. Sec. 120. Examination of witnesses. All witnesses who attend in obedience to a subpoena, or who at- tend voluntarily at the time and place appointed, of whose examina- tion notice has been given, as provided by this chapter, shall then and there be examined on oath by the officer who issued the sub- pæna, or, in case of his absence, by any other officer who is author- ized to issue such subpæna, or by the officer before whom the depo- sitions are to be taken by written consent, or before whom the depo- sitions of witnesses residing outside of the district are to be taken, as the case may be, touching all such matters respecting the elec- tion about to be contested as shall be proposed by either of the par- ties or their agents. Act Feb. 19, 1851, c. 11, 87, 9 Stat. 569. Sec. 121. Testimony, to what confined. The testimony to be taken by either party to the contest shall be confined to the proof or disproof of the facts alleged or denied in the notice and answer mentioned in sections one hundred and five and one hundred and six. Act Feb. 19, 1851, c. 11, § 9, 9 Stat. 569. Sec. 122. Testimony, how written out and attested. The officer shall cause the testimony of the witnesses, together with the questions proposed by the parties or their agents, to be reduced to writing in his presence, and in the presence of the par- ties or their agents, if attending, and to be duly attested by the witnesses respectively. Act Feb. 19, 1851, c. 11, § 7, 9 Stat. 569. Secs. 123-127) 63 Tit. 2—THE CONGRESS—Ch. 8. Sec. 123. Production of papers. The officer shall have power to require the production of papers ; and on the refusal or neglect of any person to produce and deliver up any paper or papers in his possession pertaining to the election, or to produce and deliver up certified or sworn copies of the same in case they may be official papers, such person shall be liable to all the penalties prescribed in section one hundred and sixteen. All papers thus produced, and all certified or sworn copies of official papers, shall be transmitted by the officer, with the testimony of the witnesses, to the Clerk of the House of Representatives. Act Feb. 19, 1851, c. 11, § 8, 9 Stat. 569. Sec. 124. Adjournments. The taking of the testimony may, if so stated in the notice, be adjourned from day to day. Act Jan. 10, 1873, c. 24, § 3, 17 Stat. 408. Sec. 125. Notice, etc., attached to depositions. The notice to take depositions, with the proof or acknowledgment of the service thereof, and a copy of the subpoena, where any has been served, shall be attached to the depositions when completed. Act Feb. 19, 1851, c. 11, § 7, 9 Stat. 569. Act Jan. 10, 1873, c. 24, § 3, 17 Stat. 408. Sec. 126. Copy of notice and answer to accompany testimony. A copy of the notice of contest, and of the answer of the returned member, shall be prefixed to the depositions taken, and transmitted with them to the Clerk of the House of Representatives. Act Feb. 19, 1851, c. 11, § 9, 9 Stat. 569. Sec. 127. [As amended 1875, 1887.] How testimony to be sent to Clerk of House; how opened. All officers taking testimony to be used in a contested election case, whether by deposition or otherwise, shall, when the taking of the same is completed, and without unnecessary delay, certify and carefully seal and immediately forward the same, by mail or by express, addressed to the Clerk of the House of Representatives of the United States, Washington, District of Columbia; and shall also indorse upon the envelope containing such deposition or testi- mony the name of the case in which it is taken, together with the name of the party in whose behalf it is taken, and shall subscribe such endorsement. The Clerk of the House of Representatives, upon the receipt of such deposition or testimony, shall notify the contestant and the 64 (Secs. 127-128 Tit. 2-THE CONGRESS—Ch. 8. contestee, by registered letter through the mails, to appear before him at the Capitol, in person or by attorney, at a reasonable time to be named, not exceeding twenty days from the mailing of such letter, for the purpose of being present at the opening of the sealed packages of testimony and of agreeing upon the parts thereof to be printed. Upon the day appointed for such meeting the said clerk shall proceed to open all the packages of testimony in the case, in the presence of the parties or their attorneys, and such portions of the testimony as the parties may agree to have printed shall be printed by the Public Printer, under the direction of the said clerk and in case of disagreement between the parties as to the printing of any portion of the testimony, the said clerk shall determine whether such portion of the testimony shall be printed; and the said clerk shall prepare a suitable index to be printed with the record. And the notice of contest and the answer of the sitting member shall also be printed with the record. If either party, after having been duly notified, should fail to at- tend, by himself or by an attorney, the clerk shall proceed to open the packages, and shall cause such portions of the testimony to be printed, as he shall determine. He shall carefully seal up and preserve the portions of the testi- mony not printed, as well as the other portions when returned from the Public Printer, and lay the same before the Committee on Elec- tions at the earliest opportunity. As soon as the testimony in any case is printed the clerk shall forward by mail, if desired, two copies thereof to the contestant and the same number to the contestee; and shall notify the contestant to file with the clerk, within thirty days, a brief of the facts and the authorities relied on to establish his case. The clerk shall forward by mail two copies of the con- testants' brief to the contestee, with like notice. Upon receipt of the contestee's brief the clerk shall forward two copies thereof to the contestant, who may, if he desires, reply to new matter in the contestee's brief within like time. All briefs shall be printed at the expense of the parties respectively, and shall be of like folio as the printed record; and sixty copies thereof shall be filed with the clerk for the use of the committee on Elections. Act Jan. 10, 1873, c. 24, § 4, 17 Stat. 409. Act March 2, 1875, c. 119, § 1, 18 Stat. 338. Act March 2, 1887, c. 318, 24 Stat. 445. Rev. St. § 127, as originally enacted, consisted of a provision nearly the same as the first paragraph above, with a further clause authorizing the Clerk of the House, on the written request of either party, to open any deposition and furnish a copy to either party. This latter portion of the original section was repealed by Act March 2, 1875, c. 119, $ 1, cited above; and the section was further amended by Act March 2, 1887, c. 318, also cited above, to read as set forth here. Sec. 128. Fees of witnesses, Every witness attending by virtue of any subpoena herein directed to be issued shall be entitled to receive the sum of seventy-five cents for each day's attendance, and the further sum of five cents for every mile necessarily traveled in going and returning. Such al- Secs. 129-130) 65 Tit. 2—THE CONGRESS—Ch. 8. lowance shall be ascertained and certified by the officer taking the examination, and shall be paid by the party at whose instance such witness was summoned. Act Feb. 19, 1851, c. 11, § 11, 9 Stat. 570. Sec. 129. Fees of officers. Each judge, justice, chancellor, chief executive officer of a town or city, register in bankrutcy, notary public, and justice of the peace, who shall be necessarily employed pursuant to the provisions of this chapter, and all sheriffs, constables, or other officers who may be employed to serve any subpoena or notice herein authorized, shall be entitled to receive from the party at whose instance the service shall have been performed such fees as are allowed for similar serv- ices in the State wherein such service may be rendered. Act Feb. 19, 1851, c. 11, § 11, 9 Stat. 570. Sec. 130. Expenses of contest. No payment shall be made by the House of Representatives, out of its contingent fund or otherwise, to either party to a contested- election case for expenses incurred in prosecuting or defending the same. Act March 3, 1873, c. 226, § 1, 17 Stat. 490. ACT MARCH 3, 1879, c. 182, § 1. Limitation of allowance for expenses of contest. That hereafter no contestee or contestant for a seat in the House of Representatives shall be paid exceeding two thousand dollars for expenses in election contests; and before any sum whatever shall be paid to a contestant or contestee for expenses of election con- test, he shall file with the clerk of the Committee on Elections a full and detailed account of his expenses, accompanied by the vouch- ers and receipts for each item, which account and vouchers shall be sworn to by the party presenting the same, and no charges for wit- ness fees shall be allowed in said accounts unless made in strict conformity to section one hundred and twenty eight Revised Stat- utes of the United States. Act March 3, 1879, c. 182, § 1, 20 Stat. 400. LAWS '015 TITLE III. THE PRESIDENT. Chap. 1. Presidential elections .... 2. Office and compensation of the President......... Sec. 131 152 Page 66 75 CHAPTER ONE. Presidential Elections. Sec. 131. Time of appointing electors. 132. Number of electors. 133. Vacancies in electoral college. 134. Failure to make a choice on the appointed day. 135. [Superseded.] Act Feb. 3, 1887, c. 90. 1. Meeting and vote of electors. 2. Determination of controversy as to appointment of electors. 3. Certificates of appointment of electors, and of determination of controversy. 4. Counting the electoral votes in Congress. 5. Preservation of order in joint meeting; no debate. 6. Limit of debate in separate Houses. 7. Seats for members and officers in joint meeting; meeting not to dissolve until count completed and declared; recess. 136. [Repealed.] 137. Manner of voting. Sec. 138. Certificates to be made and signed. 139. Certificates to be sealed and in- dorsed. 140 Transmission of the certificates. Act Oct. 19, 1888, c1216. 1. Time for transmission of the cer- tificates to the President of the Senate. 2. [Amends Rev. St $ 141.] 141. When Secretary of State shall send for district judge's list. 142. [Superseded.] 143. Provision for absence of President of the Senate. 144. Mileage of messengers. 145. Forfeiture for messenger's neglect of duty. 146-150. [Repealed.] Act Jan. 19, 1886, c. 4. 1. Vacancy in office of both Presi- dent and Vice-President. 2. Eligibility of officers to act as President. 3. Repeal. 151. Resignation or refusal of office. Sec. 131. Time of appointing electors. Except in case of a presidential election prior to the ordinary period, as specified in sections one hundred and forty-seven to one hundred and forty-nine, inclusive, when the offices of President and Vice-President both become vacant, the electors of President and Vice-President shall be appointed, in each State, on the Tuesday (66) Secs. 131-135) 67 Tit. 3--THE PRESIDENT—Ch. 1. 9 next after the first Monday in November, in every fourth year suc- ceeding every election of a President and Vice-President. Act March 1, 1792, c. 8, § 1, 1 Stat. 239. Act Jan. 23, 1845, c. 1, 5 Stat. 721. Rev. St. $8 147–149, here referred to, provided for the case of a vacancy in the offices of both the President and Vice-President. They were repealed by Act Jan. 19, 1886, c. 4, post, under Rev. St. $ 146, which made different provisions for such case. Sec. 132. Number of electors. The number of electors shall be equal to the number of Senators and Representatives to which the several States are by law entitled at the time when the President and Vice-President to be chosen come into office; except, that where no apportionment of Repre- sentatives has been made after any enumeration, at the time of choosing electors, the number of electors shall be according to the then existing apportionment of Senators and Representatives. Act March 1, 1792, c. 8, § 1, 1 Stat. 239. Sec. 133. Vacancies in electoral college. Each State may, by law, provide for the filling of any vacancies which may occur in its college of electors when such college meets to give its electoral vote. Act Jan. 23, 1845, c. 1, 5 Stat. 721. Sec. 134. Failure to make a choice on the appointed day. Whenever any State has held an election for the purpose of choos- ing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct. Act Jan. 23, 1845, c. 1, 5 Stat. 721. Sec. 135. [Superseded. Act Feb. 3, 1887, c. 90, § 1.] The section as enacted in the Revised Statutes provided that the electors should vote on the first Wednesday in December. They are re- quired to vote on the second Monday of January, by Act Feb. 3, 1887, c. 90, § 1, set forth below. ACT FEB. 3, 1887, c. 90. An Act to fix the Day for the Meeting of the Electors of President and Vice-President, and to provide for and regulate the Count- ing of the Votes for President and Vice-President, and the De- cision of Questions arising thereon. (24 Stat. 373.) Meeting and vote of electors. Be it enacted, &c., That the electors of each State shall meet and give their votes on the second Monday in January next following 68 (Sec. 135 Tit. 3— THE PRESIDENT—Ch. 1. their appointment, at such place in each State as the legislature of such State shall direct. Act Feb. 3, 1887, c. 90, § 1, 24 Stat. 373. Determination of controversy as to appointment of electors. Sec. 2. That if any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to the said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned. Act Feb. 3, 1887, c. 90, § 2, 24 Stat. 373. Certificates of appointment of electors, and of determination of con- troversy. Sec. 3. That it shall be the duty of the executive of each State, as soon as practicable after the conclusion of the appointment of elec- tors in such State, by the final ascertainment under and in pursuance of the laws of such State providing for such ascertainment, to com- municate, under the seal of the State, to the Secretary of State of the United States, a certificate of such ascertainment of the electors appointed, setting forth the names of such electors and the canvass or other ascertainment under the laws of such State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast; and it shall also thereupon be the duty of the executive of each State to deliver to the electors of such State, on or before the day on which they are required by the preceding section to meet, the same certificate, in triplicate, un- der the seal of the State; and such certificate shall be inclosed and transmitted by the electors at the same time and in the same man- ner as is provided by law for transmitting by such electors to the seat of Government the lists of all persons voted for as President and of all persons voted for as Vice-President; and section one hundred and thirty-six of the Revised Statutes is hereby repealed; and if there shall have been any final determination in a State of a controversy or contest as provided for in section two of this act, it shall be the duty of the executive of such State, as soon as prac- ticable after such determination, to communicate, under the seal of the State, to the Secretary of State of the United States, a certificate of such determination, in form and manner as the same shall have been made; and the Secretary of State of the United States, as soon as practicable after the receipt at the State Department of each of the certificates hereinbefore directed to be transmitted to the Secre- tary of State, shall publish, in such public newspaper as he shall designate, such certificates in full; and at the first meeting of Con- gress thereafter he shall transmit to the two Houses of Congress Sec. 135) 69 Tit. 3—THE PRESIDENT- Ch. 1. copies in full of each and every such certificate so received there- tofore at the State Department. Act Feb. 3, 1887, c. 90, $ 3, 24 Stat. 373. Counting the electoral votes in Congress. Sec. 4. That Congress shall be in session on the second Wednes- day in February succeeding every meeting of the electors. The Sen- ate and House of Representatives shall meet in the Hall of the House of Representatives at the hour of one o'clock in the after- noon on that day, and the President of the Senate shall be their pre- siding officer. Two tellers shall be previously appointed on the part of the Senate and two on the part of the House of Representatives, to whom shall be handed, as they are opened by the President of the Senate, all the certificates and papers purporting to be certificates of the electoral votes, which certificates and papers shall be opened, presented, and acted upon in the alphabetical order of the States, beginning with the letter A; and said tellers, having then read the same in the presence and hearing of the two Houses, shall make a list of the votes as they shall appear from the said certificates; and the votes having been ascertained and counted in the manner and according to the rules in this act provided, the result of the same shall be delivered to the President of the Senate, who shall there- upon announce the state of the vote, which announcement shall be deemed a sufficient declaration of the persons, if any, elected Presi- dent and Vice-President of the United States, and, together with a list of the votes, be entered on the Journals of the two Houses. Upon such reading of any such certificate or paper, the President of the Senate shall call for objections, if any. Every objection shall be made in writing, and shall state clearly and concisely, and with- out argument, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Representatives be- fore the same shall be received. When all objections so made to any vote or paper from a State shall have been received and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision; and the Speaker of the House of Representatives shall, in like manner, submit such objec- tions to the House of Representatives for its decision; and no electoral vote or votes from any State which shall have been regu- larly given by electors whose appointment has been lawfully certified to according to section three of this act from which but one return has been received shall be rejected, but the two Houses concurrently may reject the vote or votes when they agree that such vote or votes have not been so regularly given by electors whose appointment has been so certified. If more than one return or paper purporting to be a return from a State shall have been received by the President of the Senate, those votes, and those only, shall be counted which shall have been regularly given by the electors who are shown by the determination mentioned in section two of this act to have been appointed, if the determination in said section provided for shall have been made, or by such successors or substitutes, in case of a vacancy in the board of electors so ascertained, as have been ap- 70 (Sec. 135 Tit. 3—THE PRESIDENT- Ch. 1. pointed to fill such vacancy in the mode provided by the laws of the State; but in case there shall arise the question which of two or more of such State authorities determining what electors have been appointed, as mentioned in section two of this act, is the lawful tri- bunal of such State, the votes regularly given of those electors, and those only, of such State shall be counted whose title as electors the two Houses, acting separately, shall concurrently decide is sup- ported by the decision of such State so authorized by its laws; and in such case of more than one return or paper purporting to be a return from a State, if there shall have been no such determination of the question in the State aforesaid, then those votes, and those only, shall be counted which the two Houses shall concurrently de- cide were cast by lawful electors appointed in accordance with the laws of the State, unless the two Houses, acting separately, shall concurrently decide such votes not to be the lawful votes of the legally appointed electors of such State. But if the two Houses shall disagree in respect of the counting of such votes, then, and in that case, the votes of the electors whose appointment shall have been certified by the Executive of the State, under the seal thereof, shall be counted. When the two Houses have voted, they shall im- mediately again meet, and the presiding officer shall then announce the decision of the questions suḥmitted. No votes or papers from any other State shall be acted upon until the objections previously made to the votes or papers from any State shall have been finally disposed of. Act Feb. 3, 1887, c. 90, $ 4, 24 Stat. 373. Preservation of order in joint meeting; no debate. Sec. 5. That while the two Houses shall be in meeting as pro- vided in this act the President of the Senate shall have power to preserve order; and no debate shall be allowed and no question shall be put by the presiding officer except to either House on a motion to withdraw. Act Feb. 3, 1887, c. 90, § 5, 24 Stat. 374. Limit of debate in separate Houses. Sec. 6. That when the two Houses separate to decide upon an ob- jection that may have been made to the counting of any electoral vote or votes from any State, or other question arising in the matter, each Senator and Representative may speak to such objection or question five minutes, and not more than once; but after such de- bate shall have lasted two hours it shall be the duty of the presiding officer of each House to put the main question without further debate. Act Feb. 3, 1887, c. 90, § 6, 24 Stat. 375. Seats for members and officers in joint meeting; meeting not to dis- solve until count completed and declared; recess. Sec. 7. That at such joint meeting of the two Houses seats shall be provided as follows: For the President of the Senate, the Speak- er's chair; for the Speaker, immediately upon his left; the Senators, in the body of the Hall upon the right of the presiding officer; for the Representatives, in the body of the Hall not provided for the Secs. 135–139) 71 Tit. 3—THE PRESIDENT—Ch. 1. Senators; for the tellers, Secretary of the Senate, and Clerk of the House of Representatives, at the Clerk's desk; for the other offi- cers of the two Houses, in front of the Clerk's desk and upon each side of the Speaker's platform. Such joint meeting shall not be dis- solved until the count of electoral votes shall be completed and the result declared; and no recess shall be taken unless a question shall have arisen in regard to counting any such votes, or otherwise under this act, in which case it shall be competent for either House, acting separately, in the manner hereinbefore provided, to direct a recess of such House not beyond the next calendar day, Sunday excepted, at the hour of ten o'clock in the forenoon. But if the counting of the electoral votes and the declaration of the result shall not have been completed before the fifth calendar day next after such first meeting of the two Houses, no further or other recess shall be taken by either House. Act Feb. 3, 1887, c. 90, § 7, 24 Stat. 375. Special provisions for counting the electoral votes for President and Vice-President for the term commencing March 4, 1877, including the creation of a commission to decide questions in cases where more than one return had been received from a State, were made by Act Jan. 29, 1877, c. 37, 19 Stat. 227. Provisions supplementary to those of Act Feb. 3, 1887, c. 90, set forth above, relating to the forwarding of the certificates and lists of votes of electors, are made by Act Oct. 19, 1888, c. 1216, post, under Rev. St. § 140. Sec. 136. [Repealed. Act Feb. 3, 1887, c. 90, $ 3.] This section provided for the delivery of lists of electors of each State by the executive of the State to the electors. It is expressly repealed by Act Feb. 3, 1887, c. 90, $ 3, ante, under Rev. St. $ 135. Sec. 137. Manner of voting. The electors shall vote for President and Vice-President, respect- ively, in the manner directed by the Constitution. Act March 26, 1804, c. 50, § 1, 2 Stat. 295. Sec. 138. Certificates to be made and signed. The electors shall make and sign three certificates of all the votes given by them, each of which certificates shall contain two distinct lists, one of the votes for President, and the other of the votes for Vice-President, and shall annex to each of the certificates one of the lists of the electors which shall have been furnished to them by direction of the executive of the State. Act March 1, 1792, c. 8, $$ 2, 3, 1 Stat. 239. Act March 26, 1804, c. 50, § 1, 2 Stat. 295. Sec. 139. Certificates to be sealed and indorsed. The electors shall seal up the certificates so made by them, and 72 (Secs. 140-141 Tit. 3— THE PRESIDENT- Ch. 1. certify upon each that the lists of all the votes of such State given for President, and of all the votes given for Vice-President, are con- tained therein. Act March 1, 1792, c. 8, § 2, 1 Stat. 239. Act March 26, 1804, c. 50, § 1, 2 Stat. 295. Sec. 140. Transmission of the certificates. The electors shall dispose of the certificates thus made by them in the following manner: One. They shall, by writing under their hands, or under the hands of a majority of them, appoint a person to take charge of and de- liver to the President of the Senate, at the seat of Government, be- fore the first Wednesday in January then next ensuing, one of the certificates. Two. They shall forthwith forward by the post-office to the Presi- dent of the Senate, at the seat of Government, one other of the cer- tificates. Three. They shall forthwith cause the other of the certificates to be delivered to the judge of that district in which the electors shall assemble. Act March 1, 1792, c. 8, § 2, 1 Stat. 239. Act March 26, 1804, c. 50, 1, 2 Stat. 295. The certificate and lists are to be forwarded to the President of the Senate forthwith after the second Monday in January, by Act Oct. 19, 1888, c. 1216, 8.1, set forth below. ACT OCT. 19, 1888, c. 1216. An Act Supplementary to the Act Approved February third, Eight- een hundred and eighty-seven, entitled “An Act to fix the Day for the Meeting of the Electors of President and Vice-President, and to provide for and regulate the Counting of the Votes for President and Vice-President, and the Decision of Questions arising therefrom. (25 Stat. 613.) Time for transmission of the certificates to the President of the Senate. Be it enacted, &c., That the certificates and lists of votes for President and Vice-President of the United States, mentioned in chapter one of title three of the Revised Statutes of the United States, and in the act to which this is a supplement, shall be for- warded, in the manner therein provided, to the President of the Senate forthwith after the second Monday in January, on which the electors shall give their votes. Act Oct. 19, 1888, c. 1216, 25 Stat. 613. Sec. 2. [Amends Rev. St. $ 141.] Sec. 141. [As amended 1888.] When Secretary of State shall send for district judge's list. Sec. 141. Whenever a certificate of votes from any State has not been received at the seat of Government on the fourth Monday of Secs. 141-145) 73 Tit. 3—THE PRESIDENT—Ch. 1. the month of January in which their meeting shall have been held, the Secretary of State shall send a special messenger to the district judge in whose custody one certificate of the votes from that State has been lodged, and such judge shall forthwith transmit that list to the seat of Government. Act March 1, 1792, c. 8, 8 4, 1 Stat. 240. Act Oct. 19, 1888, c. 1216, $ 2, 25 Stat. 613. The amendment by Act Oct. 19, 1888, c. 1216, § 2, cited above, con- sisted in changing the time fixed for sending for the list from “the first Wednesday of January, indicated by the preceding section" ( 140), to "the fourth Monday of the month of January in which their meeting shall have been held.” Sec. 142. [Superseded. Act Feb. 3, 1887, c. 90, $$ 4-7.] This section provided for the counting of the electoral votes in Con- gress. It is superseded by the more detailed provisions of Act Feb. 3, 1887, c. 90, 88 4–7, ante, under Rev. St. § 135. Sec. 143. Provision for absence of President of the Senate. In case there shall be no President of the Senate at the seat of Government on the arrival of the persons intrusted with the certifi- cates of the votes of the electors, then such persons shall deliver such certificates into the office of the Secretary of State, to be safely kept, and delivered over as soon as may be to the President of the Senate. Act March 1, 1792, c. 8, § 6, 1 Stat. 240. Sec. 144. Mileage of messengers. Each of the persons appointed by the electors to deliver the cer- tificates of votes to the President of the Senate shall be allowed, on the delivery of the list intrusted to him, twenty-five cents for every mile of the estimated distance, by the most usual road, from the place of meeting of the electors to the seat of Government of the United States. Act March 1, 1792, c. 8, § 7, 1 Stat. 240. Sec. 145. Forfeiture for messenger's neglect of duty. Every person who, having been appointed, pursuant to subdivision one of section one hundred and forty or to section one hundred and forty-one, to deliver the certificates of the votes of the electors to the President of the Senate, and having accepted such appointment, shall neglect to perform the services required from him, shall for- feit the sum of one thousand dollars. Act March 1, 1792, c. 8, § 8, 1 Stat. 240. 74 (Secs. 146-150 Tit. 3—THE PRESIDENT—Ch. 1. Secs. 146-150. [Repealed. Act Jan. 19, 1886, C. 4.] The sections repealed provided for proceedings in case of vacancy in the offices of both President and Vice-President, and for an election to fill the vacancies. Different provisions for such a case are made by Act Jan. 19, 1886, c. 4, set forth below. ACT JAN. 19, 1886, c. 4. An Act to provide for the Performance of the Duties of the Office of President in Case of the Removal, Death, Resignation, or In- ability both of the President and Vice-President. (24 Stat. I.) Vacancy in office of both President and Vice-President. Be it enacted, &c., That in case of removal, death, resignation, or inability of both the President and Vice-President of the United States, the Secretary of State, or if there be none, or in case of his removal, death, resignation or inability, then the Secretary of the Treasury, or if there be none, or in case of his removal, death, , resignation, or inability, then the Secretary of War, or if there be none, or in case of his removal, death, resignation, or inability, then the Attorney-General, or if there be none, or in case of his removal, death, resignation, or inability, then the Postmaster-General, or if there be none, or in case of his removal, death, resignation, or ina- bility, then the Secretary of the Navy, or if there be none, or in case of his removal, death, resignation, or inability, then the Secre- tary of the Interior, shall act as President until the disability of the President or Vice-President is removed or a President shall be elect- ed: Provided, That whenever the powers and duties of the office of President of the United States shall devolve upon any of the per- sons named herein, if Congress be not then in session, or if it would not meet in accordance with law within twenty days thereafter, it shall be the duty of the person upon whom said powers and duties shall devolve to issue a proclamation convening Congress in extra- ordinary session, giving twenty days' notice of the time of meeting. Act Jan. 19, 1886, c. 4, § 1, 24 Stat. 1. Eligibility of officers to act as President. Sec. 2. That the preceding section shall only be held to describe and apply to such officers as shall have been appointed by the advice and consent of the Senate to the offices therein named, and such as are eligible to the office of President under the Constitution, and not under impeachment by the House of Representatives of the United States at the time the powers and duties of the office shall devolve upon them respectively. Act Jan. 19, 1886, c. 4, § 2, 24 Stat. 1. Repeal. Sec. 3. That sections one hundred and forty-six, one hundred and forty-seven, one hundred and forty-eight, one hundred and forty- nine, and one hundred and fifty of the Revised Statutes are hereby repealed Act Jan. 19, 1886, c. 4, § 3, 24 Stat. 1. Secs. 151-154) 75 Tit. 3—THE PRESIDENT—Ch. 2. Sec. 151. Resignation or refusal of offioe. The only evidence of a refusal to accept, or of a resignation of the office of President or Vice-President, shall be an instrument in writ- ing, declaring the same, and subscribed by the person refusing to accept or resigning, as the case may be, and delivered into the office of the Secretary of State. Act March 1, 1792, c. 8, § 11, 1 Stat. 241. CHAPTER TWO. Office and Compensation of the President. Sec. Sec. 152. Commencement of term of office. Act Feb. 19, 1897, c. 265, $ 1. 153. President's salary. Secretary to the President. 154. Vice-President's salary. 156. Duties of the steward. 155. Officers of the President's house- 157. The steward's bond. hold. Act April 17, 1900, c. 192, § 1. Annual inventory of public property. Sec. 152. Commencement of term of office. The term of four years for which a President and Vice-President shall be elected, shail, in all cases, commence on the fourth day of March next succeeding the day on which the votes of the electors have been given. Act March 1, 1792, c. 8, § 12, 1 Stat. 241. Sec. 153. President's salary. The President shall receive in full for his services during the term for which he shall have been elected the sum of fifty thousand dol- lars a year, to be paid monthly, and shall be entitled to the use of the furniture and other effects belonging to the United States and kept in the Executive Mansion. Act Sept. 24, 1789, c. 19, 1 Stat. 72. Act Feb. 18, 1793, 9, 1 Stat. 318. Act March 3, 1873, c. 226, § 1, 17 Stat. 486. The furniture purchased for the President's House is required to be, as far as practicable, of domestic manufacture, by Rev. St. § 1829. Sec. 154. Vice-President's salary. The Vice-President shall receive in full for his services during the term for which he shall have been elected the sum of ten thousand dollars a year, to be paid monthly. Act March 3, 1873, c. 226, § 1, 17 Stat. 486. Act Jan. 20, 1874, c. 11, 18 Stat. 4. The salary of the Vice-President was reduced to $8,000 by the re- 76 (Secs. 155-156 Tit. 3—THE PRESIDENT—Ch. 2. peal, by Act Jan. 20, 1874, c. 11, ante, under Rev. St. $ 35, of the in- crease from that amount to $10,000 by Act March 3, 1873, c. 226, $ 1, incorporated in this section. Sec. 155. Officers of the President's household. The President is authorized to appoint or employ in his official household the following officers: One private secretary, at a salary of three thousand five hundred dollars a year. One assistant secretary, who shall be a short-hand writer, at a sal- ary of two thousand five hundred dollars a year. Two executive clerks, at a salary of two thousand three hundred dollars a year each. One steward of the President's household, at a salary of two thou- sand dollars a year. One messenger, at a salary of one thousand two hundred dollars a year. Act March 3, 1857, c. 108, § 2, 11 Stat. 228. Act July 23, 1866, c. 208, § 4, 14 Stat. 206. Act July 20, 1868, c. 176, § 1, 15 Stat. 96. The officers actually appointed and their salaries are authorized from year to year by the appropriation acts. The appropriation for the year ending June 30, 1902, is made by the legislative, executive, and judicial appropriation act of March 3, 1901, c. 830, § 1, 31 Stat. 972. One of the executive clerks, to be designated by the President, is to sign land patents, instead of the secretary authorized by Rev. St. $ 450, under a provision of the legislative, executive, and judicial appropriation act of 1878, post, under Rev. St. $ 450. The appropriation for salary of the private secretary, which in some years previous to 1889 had been only $3,250, Act July 11, 1888, c. 615, 8 1, 25 Stat. 262, was increased in that year to $5,000, Act Feb. 26, 1889, c. 279, § 1, 25 Stat. 712, and that sum is appropriated in each subsequent year. The designation of the office is changed to "Secretary" in the pro- vision of the appropriation act of 1897, set forth below, and this is re- peated in each subsequent appropriation. The Public Printer is to execute such printing and binding for the President as he shall order, and deliver to the Executive Mansion two copies of all documents, bills, etc., printed, by Act Jan. 12, 1895, c. 23, $ 88, post, under Title XLV, "Public Printing, Advertisements, and Pub- lic Documents." ACT FEB. 19, 1897, c. 265, § 1. Secretary to the President. Executive: * * For compensation to the following in the of- fice of the President of the United States: Secretary, five thousand dollars; * * Act Feb. 19, 1897, c. 265, § 1, 29 Stat. 546. * Sec. 156. Duties of the steward. The steward of the President's household shall, under the direc- tion of the President, have the charge and custody of and be respon- sible for the plate, furniture, and other public property in the Presi- Sec. 157) 77 Tit. 3—THE PRESIDENT- Ch. 2. dent's mansion, and shall discharge such other duties as the Presi- dent may assign him. Act March 3, 1857, c. 108, $ 2, 11 Stat. 228. Act July 23, 1866, c. 208, § 4, 14 Stat. 206. Sec. 157. The steward's bond. The steward of the President's household shall, before entering upon the duties of his office, give a bond to the United States for the faithful discharge of his trust. Such bond must be in such sum as the Secretary of the Interior shall deem sufficient, and must be approved by him. Act July 23, 1866, c. 208, § 4, 14 Stat. 206. ACT APRIL 17, 1900, c. 192, 8 1. Annual inventory of public property. And hereafter a complete inventory, in proper books, shall be made annually, by the steward, under the direction of the officer in charge of public buildings and grounds, of all the public property in and belonging to the Executive Mansion, showing when purchased, use to which applied, cost, condition, and final disposition, to be submit- ted to Congress with annual report of the officer in charge of pub- lic buildings and grounds. Act April 17, 1900, c. 192, § 1, 31 Stat. 97. An annual statement of the public property in and about the Capitol, the President's House, and the Botanic Garden, by the officer or officers in charge thereof, is also required by Rev. St. $$ 1832, 1833. TITLE IV. PROVISIONS APPLICABLE TO ALL THE EXECUTIVE DEPARTMENTS. Sec. Sec. 158. Application of provisions of this 171. Restriction on employing extra Title. clerks. 159. Word "Department." 172. [Repealed.] 160. Salaries of heads of Departments. 173. Chief clerks to supervise subor- 161. Departmental regulations. dinate clerks. 162. Hours of business. 174. Chief clerks to distribute duties, Act March 3, 1893, c. 211, 88 4, 5. etc. 4. Closing on decease of ex-official 175. Duty of chief on receipt of re- prohibited. port. 5. Hours of labor and leaves of ab- 176. Disbursing clerks. sence of clerks and other em- 177. Vacancies; how temporarily fill- ployés. ed. Act July 7, 1898, c. 571, § 1. 178. Vacancies in subordinate offices. Annual leave of absence, notwith- 179. Discretionary authority of the standing sick leave. President. Recording clocks not to be purchased. 180. Temporary appointments limited Act Feb. 24, 1899, c. 187, § 1. to [thirty] days. Recording clocks not to be used. 181. Restriction on temporary appoint- Act Feb. 24, 1899, c. 187, § 4. ments. Annual leave of absence, exclusive 182. Extra compensation disallowed. of Sundays and holidays. Act March 28, 1896, c. 73. 163. Classification of Department Commissions of officers under Sec- clerks. retaries of Departments. 164. Examinations. 183. Oaths, when administered by off- 165. Clerkships open to women. cers, etc. 166. Distribution of clerks. 184. Subpænas to witnesses. Act Aug. 15, 1876, c. 287, $ 3. 185. Witnesses' fees. Alteration in number of clerks of 186. Compelling testimony. higher and lower grades. 187. Professional assistance; how ob- 167. Salaries of persons employed in tained. the Departments, 188. Evidence to be furnished by the 168. Temporary clerks. Departments in suits pending in 169. Authority to employ clerks and the Court of Claims. other employés. 189. Employment of attorneys or coun- Act Aug. 5, 1882, c. 389, $ 4. sel. Officers, clerks, and other employés 190. Persons formerly in the Depart- as specifically provided for each ments not to prosecute claims in year. them. 170. Extra compensation to clerks pro- 191. [Repealed.] hibited. 192. Expenditures for newspapers. Act Aug. 29, 1890, c. 820. Act June 7, 1897, c. 3, § 1. Oaths of office to employés to be ad- Expenditures for transportation of ministered without compensation. remains of deceased employés. (78) Secs. 158-160) 79 Tit. 4-EXECUTIVE DEPARTMENTS. Sec. 193. Annual report of expenditure of contingent funds. Act March 3, 1877, c. 102, $ 1. Report to Congress of expenditure for contingent expenses. 194. [Repealed.] 195. Time of making annual reports. 196. Department reports, when to be furnished to printer. Sec. 197. Inventories of property. Act Feb. 16, 1889, c. 171. Accumulation of useless papers in the Departments. Act March 2, 1895, c. 189, § 1. Accumulation of useless papers in buildings under control of the De- partments. 198. [Superseded.] Sec. 158. Application of provisions of this Title. The provisions of this Title shall apply to the following Executive Departments : First. The Department of State. Second. The Department of War. Third. The Department of the Treasury. Fourth. The Department of Justice. Fifth. The Post-Office Department. Sixth. The Department of the Navy. Seventh. The Department of the Interior. This section is amended to include the Department of Agriculture, and the provisions of this Title of the Revised Statutes, including all amend- ments thereto, are made applicable to said Department by Act Feb. 9, 1889, c. 122, post, under Rev. St. $ 521, Sec. 159. Word "Department." The word “Department” when used alone in this Title, and Titles five, six, seven, eight, nine, ten, and eleven, means one of the Ex- ecutive Departments enumerated in the preceding section. The Department of Agriculture is included in this definition by Act Feb. 9, 1889, c. 122, post, under Rev. St. § 521. Sec. 160. Salaries of heads of Departments. Each head of a Department is entitled to a salary of ten thousand dollars a year, to be paid monthly. Act March 3, 1873, c. 226, § 1, 17 Stat. 486. Act Jan. 20, 1874, c. 11, 18 Stat. 4. Act March 3, 1875, c. 130, $ 2, 18 Stat. 396. The salaries of heads of Departments were reduced to $8,000 each by the repeal, by Act Jan. 20, 1874, c. 11, ante, under Rev. St. $ 35, of the increase from that amount to $10,000, by Act March 3, 1873, c. 226, $ 1, incorporated in the above section. The salary of the Secretary of the Treasury was declared to be $8,000 in the provisions of the sundry civil appropriation act of 1875, prescribing the organization of the Treasury Department and the offices thereof, and the salaries to be paid to the persons therein, Act March 3, 1875, c. 130, $ 2, post, under Rev. St. $ 235. The Secretary of Agriculture receives the same salary as is paid to the secretary of each of the Executive Departments, by section 3 of the act 80 (Secs. 161-162 Tit. 4-EXECUTIVE DEPARTMENTS. making that Department an Executive Department, Act Feb. 9, 1889, c. 122, & 3, post, under Rev. St. 8 521. Sec. 161. Departmental regulations. The head of each Department is authorized to prescribe regula- tions, not inconsistent with law, for the government of his Depart- ment, the conduct of its officers and clerks, the distribution and per- formance of its business, and the custody, use, and preservation of the records, papers, and property appertaining to it. , Act July 27, 1789, c. 4, 1 Stat. 28. Act Sept. 15, 1789, c. 14, 1 Stat. 68. Act Aug. 7, 1849, c. 7, 1 Stat. 49. Act Sept. 2, 1789, c. 12, 1 Stat. 65. Act June 8, 1872, c. 335, 17 Stat. 283. Act April 30, 1798, c. 35, 1 Stat. 553. Act June 22, 1870, c. 150, § 8, 16 Stat. 163. Act March 3, 1849, c. 108, 9 Stat. 395. Provisions authorizing each head of a Department to alter the distribu- tion of clerks among the various Bureaus and offices, and to reduce the force employed, are contained in Rev. St. $ 166, and Act Aug. 15, 1876, c. 287, § 3, under that section. Heads of Departments are required to make and enforce regulations to carry out the provisions of Act March 29, 1894, c. 49, post, under Rev. St. $ 277, relating to the making of returns of public property, by section 4 of that act. Heads of Departments are also required to make regulations to secure an administrative examination of accounts, before transmission to the Auditors of the Treasury, as provided by section 12 of Act July 31, 1894, c. 174, post, under Rev. St. $ 277, and for the execution of other require- ments of that act, by section 22 of the act. Sec. 162. Hours of business. From the first day of October until the first day of April, in each year, all the Bureaus and offices in the State, War, Treasury, Navy, and Post-Office Departments, and in the General Land-Office, shall be open for the transaction of the public business at least eight hours in each day; and from the first day of April until the first day of October, in each year, at least ten hours in each day; except Sun- days and days declared public holidays by law. Act July 4, 1836, c. 352, $ 12, 5 Stat. 112. Act June 20, 1874, c. 328, 18 Stat. 109. ACT MARCH 3, 1893, c. 211, 88 4, 5. [As amended 1898.] ] Closing on decease of ex-official prohibited. Sec. 4. That hereafter the Executive Departments of the Govern- ment shall not be closed as a mark to the memory of any deceased ex- official of the United States. Act March 3, 1893, c. 211, § 4, 27 Stat. 715. Hours of labor and leaves of absence of clerks and other employés. Sec. 5. Hereafter it shall be the duty of the heads of the several Executive Departments, in the interest of the public service, to require of all clerks and other employees, of whatever grade or class, in their Sec. 162) 81 Tit. 4 EXECUTIVE DEPARTMENTS. respective Departments, not less than seven hours of labor each day, except Sundays and days declared public holidays by law or Execu- tive order: Provided, That the heads of the Departments may, by special order, stating the reason, further extend the hours of any clerk or employee in their Departments, respectively; but in case of an extension it shall be without additional compensation: Pro- vided further, That the head of any Department may grant thirty days' annual leave with pay in any one year to each clerk or em- ployee: And provided further, That where some member of the immediate family of a clerk or employee is afflicted with a contagious disease and requires the care and attendance of such employee, or where his or her presence in the Department would jeopardize the health of fellow-clerks, and in exceptional and meritorious cases, where a clerk or employee is personally ill, and where to limit the annual leave to thirty days in any one calendar year would work peculiar hardship, it may be extended, in the discretion of the head of the Department, with pay, not exceeding thirty days in any one case or in any one calendar year. This section shall not be construed to mean that so long as a clerk or employee is borne upon the rolls of the Department in ex- cess of the time herein provided for or granted that he or she shall be entitled to pay during the period of such excessive absence, but that the pay shall stop upon the expiration of the granted leave. Hereafter it shall be the duty of the head of each Executive De- partment to require monthly reports to be made to him as to the condition of the public business in the several bureaus or offices of his Department at Washington; and in each case where such reports disclose that the public business is in arrears, the head of the De- partment in which such arrears exist shall require, as provided herein, an extension of the hours of service to such clerks or employees as may be necessary to bring up such arrears of public business. Hereafter it shall be the duty of the head of each Executive De- partment, or other Government establishment at the seat of govern- ment, not under an Executive Department, to make at the expira- tion of each quarter of the fiscal year a written report to the Pres- ident as to the condition of the public business in his Executive Department or Government establishment, and whether any branch thereof is in arrears. Act March 3, 1883, c. 128, § 4, 22 Stat. 563. Act March 3, 1893, c. 211, 5, 27 Stat. 715. Act March 15, 1898, c. 68, § 7, 30 Stat. 316. Provisions relating to the subject of this section, contained in the legis- lative, executive, and judicial appropriation act of 1883, cited above, were incorporated, in substance, in the similar appropriation act of 1893, which was amended to read as above set forth by the appropriation act of March 15, 1898, c. 68, § 7. The amendment by act of 1898 consists in restricting the power given by the previous acts to heads of Departments, "to extend or limit the hours of service," to authority to extend the hours only; in reducing the sick leave from the 60 days previously authorized to 30 days; and in adding provisions requiring reports as to the condi- tion of business, and for bringing up arrears of business. Further provisions as to allowance of leaves of absence to clerks and other employés in the Executive Departments are set forth below. Provisions for leaves of absence to various officers are: LAWS '016 82 (Sec. 162 Tit. 4 EXECUTIVE DEPARTMENTS. Officers of the Army. Rev. St. $ 1265. Act July 29, 1876, c. 239, 19 Stat. 102. Diplomatic or consular officers. Rev. St. $ 1742. Indian agents, interpreters, etc. Rev. St. § 2074. Medical officers of Marine Hospital service. Act Feb. 19, 1897, c. 265, § 1, 29 Stat. 554. Provisions for leaves of absence to other employés are as follows: Letter carriers. Act June 27, 1884, c. 126, 23 Stat. 60. Employés of the customs service. Act Aug. 28, 1890, c. 812, 26 Stat. 362. Clerks and employés in first and second class post offices, and employés in mail-bag repair shops. Act Oct. 1, 1890, c. 1260, 26 Stat. 648. Employés of Bureau of Engraving and Printing. Act July 6, 1892, c. 154, 27 Stat. 87. Act June 8, 1896, c. 373, 29 Stat. 275. Employés of Government Printing Office. Act June 11, 1896, c. 420, $ 1, 29 Stat. 421. Employés of Weather Bureau. Act March 1, 1899, c. 325, § 1, 30 Stat. 958. Railway postal clerks. Act March 1, 1899, c. 327, § 1, 30 Stat. 964. ACT JULY 7, 1898, c. 571, $ 1. Annual leave of absence, notwithstanding sick leave. Nothing contained in section seven of the Act making appropria- tions for legislative, executive, and judicial expenses of the Gov-- ernment for the fiscal year eighteen hundred and ninety-nine, ap- proved March fifteenth, eighteen hundred and ninety-eight, shall be construed to prevent the head of any Executive Department from granting thirty days' annual leave with pay in any one year to a clerk or employee, notwithstanding such clerk or employee may have had during such year not exceeding thirty days' leave with pay on ac- count of sickness as provided in said section seven. Act July 7, 1898, c. 571, § 1, 30 Stat. 653. Section 7 of the legislative, executive, and judicial appropriation act of 1898, referred to in this provision of the deficiency appropriation act for the same year, was an amendment of section 5 of the legislative, execu- tive, and judicial appropriation act of 1893, set forth above, as so amended. Recording clocks not to be purchased. That no recording clocks used for recording time of clerks or other employees shall be purchased for use in any of the Executive Departments at Washington, District of Columbia, except from mon- eys specifically appropriated therefor. Act July 7, 1898, c. 571, § 1, 30 Stat. 655. This is a proviso to an appropriation of the same deficiency appropri- ation act for purchase of "numbering, adding, and other similar ma- chines.” ACT FEB. 24, 1899, c. 187, § 1. Recording clocks not to be used. No money appropriated by this Act shall be used for expense of repairing recording clocks used for recording time of clerks or other employees in any of the Executive Departments at Washing- ton, nor shall there hereafter be used in any of the Executive De- partments at Washington any such recording clocks. Act Feb. 24, 1899, c. 187, § 1, 30 Stat. 864. This is a provision of the legislative, executive, and judicial appropria- tion act for the fiscal year ending June 30, 1900, cited above. Secs. 162–164) 83 Tit. 4 EXECUTIVE DEPARTMENTS. ACT FEB. 24, 1899, c. 187, § 4. Annual leave of absence, exclusive of Sundays and holidays. That the thirty days' annual leave of absence with pay in any one year to clerks and employés in the several Executive Departments authorized by existing law shall be exclusive of Sundays and legal holidays. Act Feb. 24, 1899, c. 187, § 4, 30 Stat. 890. This is a proviso to section 4 of the same legislative, executive, and judicial appropriation act for the fiscal year ending June 30, 1900, cited above. Sec. 163. Classification of Department clerks. The clerks in the Departments shall be arranged in four classes, distinguished as the first, second, third, and fourth classes. Act March 3, 1853, c. 97, § 3, 10 Stat. 209. Act March 3, 1855, c. 175, $ 4, 10 Stat. 669. Provisions authorizing each head of a Department to alter the distribu- tion of clerks among the various Bureaus and offices, and to reduce the force employed, are contained in Rev. St. $ 166, and Act Aug. 15, 1876, c. 287, § 3, under that section. Provisions for classification of other clerks and employés in the civil service are contained in Act Jan. 16, 1883, c. 27, § 6, post, under Rev. St. $ 1790. Sec. 164. Examinations. No clerk shall be appointed in any Department in either of the four classes above designated, until he has been examined and found qualified by a board of three examiners, to consist of the chief of the Bureau or office into which such clerk is to be appointed and two other clerks to be selected by the head of the Department. Act March 3, 1853, c. 97, § 3, 10 Stat. 209. Act March 3, 1855, c. 175, § 4, 10 Stat. 669. Provisions, more comprehensive in their scope than those of this sec- tion, for examinations for testing the fitness of applicants for the public service, and for appointments and promotions as the results of such ex- aminations, are contained in Act Jan. 16, 1883, c. 27, $$ 2, 7, post, follow- ing Rev. St. $ 1790. The legislative, executive, and judicial appropriation act of Feb. 24, 1899, c. 187, § 4, 30 Stat. 890, contained a provision that the appropria- tîons for officers, clerks, and employés should not be available for the compensation of any persons permanently incapacitated, which is repeat- ed in connection with the similar appropriations for subsequent years, Act April 17, 1900, c. 192, 8 4, 31 Stat. 134, and Act March 3, 1901, c. 830, $ 4, 31 Stat. 1009; and it contained, also, a prohibition of the estab- lishment of a civil pension roll or an honorable service roll, or the exemp- tion of any of the officers, clerks, and persons in the public service from the cxisting laws respecting employment in such service. These pro- visions are set forth post, under Rev. St. $ 1790. Similar provisions relating to officers, clerks, and persons employed in the postal service are contained in Act March 1, 1899, c. 327, § 2, 30 Stat. 965, Act June 2, 1900, c. 613, § 2, 31 Stat. 261, and Act March 3, 1901, c. 851, 82, 31 Stat. 1107. 84 (Secs. 165-166 Tit. 4-EXECUTIVE DEPARTMENTS. Sec. 165. Clerkships open to women. Women may, in the discretion of the head of any Department, be appointed to any of the clerkships therein authorized by law, , upon the same requisites and conditions, and with the same com- pensations, as are prescribed for men. Act July 12, 1870, c. 251, § 2, 16 Stat. 230, 250. . Sec. 166. [As an [As amended 1896.] Distribution of clerks. Each head of a Department may, from time to time, alter the dis- tribution among the various bureaus and offices of his Department, of the clerks and other employees allowed by law, except such clerks or employees as may be required by law to be exclusively engaged upon some specific work, as he may find it necessary and proper to do, but all details hereunder shall be made by written order of the head of the Department, and in no case be for a period of time ex- ceeding one hundred and twenty days. Provided, That details so made may, on expiration, be renewed from time to time by written order of the head of the Department, in each particular case, for periods of not exceeding one hundred and twenty days. All de- tails heretofore made are hereby revoked, but may be renewed as provided herein. Act March 3, 1853, c. 97, § 3, 10 Stat. 211. Act May 28, 1896, c. 252, $ 3, 29 Stat. 179. This section, as originally enacted, authorized each head of a Depart- ment to alter the distribution, among the bureaus and offices of his De- partment, of the clerks allowed by law, "as he may find it necessary and proper to do.” It is amended by Act May 28, 1896, c. 252, & 3, cited above, to read as set forth here. The section, as it stood before the amendment of 1896, was not re- pealed or modified by Act Aug. 5, 1882, c. 389, § 4, post, under Rev. St. § 169, which restricted employment of officers, clerks, etc., in the De- partments to those specifically appropriated for each year. ACT AUG. 15, 1876, c. 287, § 3. Alteration in number of clerks of higher and lower grades. That whenever, in the judgment of the head of any department, the duties assigned to a clerk of one class can be as well performed by a clerk of a lower class or by a female clerk, it shall be lawful for him to diminish the number of clerks of the higher grade and in- crease the number of the clerks of the lower grade within the limit of the total appropriation for such clerical service: Provided, That in making any reduction of force in any of the executive depart- ments, the head of such department shall retain those persons who may be equally qualified who have been honorably discharged froni the military or naval service of the United States and the widows and orphans of deceased soldiers and sailors. Act Aug. 15, 1876, c. 287, § 3, 19 Stat. 169. * * Secs. 167–169) Tit. 4-EXECUTIVE DEPARTMENTS. 85 Sec. 167, Salaries of persons employed in the Departments. The annual salaries of clerks and employés in the Departments, whose compensation is not otherwise prescribed, shall be as fol- lows: First. To clerks of the fourth class, eighteen hundred dollars. Second. To clerks of the third class, sixteen hundred dollars. Third. To clerks of the second class, fourteen hundred dollars. Fourth. To clerks of the first class, twelve hundred dollars. Fifth. To the women employed in duties of a clerical character, subordinate to those assigned to clerks of the first class, including copyists and counters, or temporarily employed to perform the duties of a clerk, nine hundred dollars. Sixth. To messengers, eight hundred and forty dollars. Seventh. To assistant messengers, seven hundred and twenty dol- lars. Eighth. To laborers, seven hundred and twenty dollars. Ninth. To watchmen, seven hundred and twenty dollars. Act March 3, 1853, c. 97, § 3, 10 Stat. 209, 211. Act April 22, 1854, c. 52, § 1, 10 Stat. 276. Res. Aug. 18, 1856, No. 18, 11 Stat. 145. Act July 23, 1866, c. 208, $ 6, 14 Stat. 207. Act July 12, 1870, c. 251, $ 3, 16 Stat. 230, 250. Sec. 168. Temporary clerks. Except when a different compensation is expressly prescribed by law, any clerk temporarily employed to perform the same or similar duties with those belonging to clerks of either class, is entitled to the same salary as is allowed to clerks of that class. Act April 22, 1854, c. 52, § 1, 10 Stat. 276. The compensation of clerks temporarily employed in the Treasury De- partment is limited to the rate of $1,200 a year by Rev. St. § 242. Sec. 169. Authority to employ clerks and other employés. Each head of a Department is authorized to employ in his Depart- ment such number of clerks of the several classes recognized by law, and such messengers, assistant messengers, copyists, watchmen, laborers, and other employés, and at such rates of compensation, respectively, as may be appropriated for by Congress from year to year. See appropriation acts since 1856. The clerks and other employés in the several Departments are enumer- ated under the Titles of the Revised Statutes relating to each: In the State Department, $ 201; the War Department, $ 215; the Treasury De- partment, $ 235; the Department of Justice, $ 351; the Post Office De- partment, $ 393; the Navy Department, § 416; the Department of the Interior, $ 440. Special provision is made, also, for the appointment of clerks in the Bureau of the Comptroller of the Currency, by Rev. St. $ 328, and for the Patent Office, by Rev. St. $ 476. But the officers, clerks, etc., actually appointed or employed are those for whom specific provision is made in the appropriation acts from year 86 (Sec. 169 Tit. 4EXECUTIVE DEPARTMENTS. to year; the employment or payment of others being forbidden by Act Aug. 5, 1882, c. 389, § 4, set forth below. Provisions for apportionment of appointments among the several States and Territories and the District of Columbia are made, as to the Treas- ury Department, by Act March 3, 1875, c. 130, $ 2, post, under Rev. St. $ 235, and as to all the Departments, by Act Jan. 16, 1883, c. 27, § 2, post, following Rev. St. $ 1790. ACT AUG. 5, 1882, c. 389, $ 4. Officers, clerks, and other employés as specifically provided for each year. That no civil officer, clerk, draughtsman, copyist, messenger, as- sistant messenger, mechanic, watchman, laborer, or other employee shall after the first day of October next be employed in any of the executive departments, or subordinate bureaus or offices thereof at the seat of government, except only at such rates and in such num- bers, respectively, as may be specifically appropriated for by Con- gress for such clerical and other personal services for each fiscal year; and no civil officer, clerk, draughtsman, copyist, messenger, assistant messenger, mechanic, watchman, laborer, or other employee shall hereafter be employed at the seat of government in any ex- ecutive department or subordinate bureau or office thereof or be paid from any appropriation made for contingent expenses, or for any specific or general purpose, unless such employment is author- ized and payment therefor specifically provided in the law granting the appropriation, and then only for services actually rendered in connection with and for the purposes of the appropriation from which payment is made, and at the rate of compensation usual and proper for such services, and after the first day of October next sec- tion one hundred and seventy-two of the Revised Statutes, and all other laws and parts of laws inconsistent with the provisions of this act, and all laws and parts of laws authorizing the employment of officers, clerks, draughtsmen, copyists, messengers, assistant mes- sengers, mechanics, watchmen, laborers, or other employees at a different rate of pay or in excess of the numbers authorized by ap- propriations made by Congress, be and they are hereby, repealed; and thereafter all details of civil officers, clerks, or other subordi- nate employees from places outside of the District of Columbia, for duty within the District of Columbia, except temporary details for duty connected with their respective offices, be, and are hereby, pro- hibited; and thereafter all moneys accruing from lapsed salaries, or from unused appropriations for salaries, shall be covered into the Treasury: Provided, That the sums herein specifically appro- priated for clerical or other force heretofore paid for out of general or specific appropriations may be used by the several heads of de- partments to pay such force until the said several heads of depart- ments shall have adjusted the said force in accordance with the pro- visions of this act; and such adjustment shall be effected before Octo- ber first, eighteen hundred and eighty-two. And in making such adjustment the employees herein provided for shall, as far as may be consistent with the interests of the service, be apportioned among the several States and Territories according to population: Pro- Secs. 169–170) 87 Tit. 4-EXECUTIVE DEPARTMENTS. vided further, That any person performing duty in any capacity as officer, clerk, or otherwise in any department at the date of the passage of this act who has heretofore been paid from any appropria- tion made for contingent expenses or for any contingent or general purpose, and whose office or place is specifically provided for herein, under the direction of the head of that department may be continued in such office, clerkship, or employment without a new appointment thereto, but shall be charged to the quotas of the several States and Territories from which they are respectively appointed and nothing herein shall be construed to repeal or modify section one hundred and sixty-six of the Revised Statutes of the United States. Act Aug. 5, 1882, c. 389, § 4, 22 Stat. 255. Payments for official or clerical compensation, from appropriations for contingent, incidental, or miscellaneous purposes, are also forbidden by Rev. St. S 3682. By provisions of section 1 of the same act, and of subsequent statutes, nothing in this section is to be construed to prevent the detailing of cer- tain specified officers for duty at the Treasury Department. Act Aug. 5, 1882, c. 389, § 1, Act Feb. 26, 1889, c. 279, § 1, Act June 6, 1900, c. 791, § 1, and Act March 3, 1901, c. 853, § 1, post, under Rev. St. 235. A general prohibition to the executive officers of the government, from employing any clerk, etc., or other employé, in any of the executive de- partments in Washington, or elsewhere, beyond provision made by law, is contained in Act Aug. 15, 1876, c. 287, § 5, post, under Rev. St. $ 1760. The legislative, executive, and judicial appropriation act of June 20, 1874, c. 328, § 1, in connection with appropriations for compensation of clerks, etc., in the War Department, contained a provision that "here- after it shall be unlawful to allow or pay to any of the persons desig- nated in this act any additional compensation from any source whatever, or to retain, detail, or employ in any branch of the War Department in the city of Washington any person other than those herein authorized," with certain specified exceptions. This may be regarded as superseded, as to any general application, by the above provisions of Act Aug. 5, 1882, c. 389, $ 4, but, as possibly applicable to the War Department, is set forth post, under Rev. St. $ 215. The detail of clerks or other employés from any branch of the postal service, whether located at the seat of government or elsewhere, to any of the offices or bureaus of the Post Office Department at Washington, is forbidden by Act March 15, 1898, c. 68, 89, post, under Rev. St. $ 3860. Estimates for compensation of officers are to be founded on express provisions of law, and not upon authority of executive distribution, by Rev. St. $ 3662. Sec. 170. Extra compensation to clerks prohibited. No money shall be paid to any clerk employed in either Depart- ment at an annual salary, as compensation for extra services, unless expressly authorized by law. Act March 3, 1863, c. 97, § 3, 10 Stat. 209, 211. Act June 17, 1844, c. 105, § 1, 5 Stat. 681, 687. Res. Feb. 28, 1867, No. 30, § 2, 14 Stat. 569. General prohibitions of compensation to officers, clerks, etc., for dis- charging duties of others or for extra services, and of additional pay or extra allowance or compensation, in any form, unless expressly authoriz- ed by law, are contained in Rev. St. $$ 1763–1765. 88 (Secs. 170-173 Tit. 4-EXECUTIVE DEPARTMENTS. ACT AUG. 29, 1890, c. 820. Oaths of office to employés to be administered without compensation. * And no officer, clerk, or employee of any executive depart- ment who is also a notary public or other officer authorized to adminis- ter oaths, shall charge or receive any fee or compensation for adminis- tering oaths of office to employees of such department required to be taken on appointment or promotion therein. And the Chief Clerks of the several Executive Departments and of the various bureaus and offices thereof in Washington, Dis- trict of Col bia, are hereby authorized and directed, on applica- tion and without compensation therefor, to administer oaths of office to employees required to be taken on their appointment or promo- tion. Act Aug. 29, 1890, c. 820, 26 Stat. 371. Authority to administer the oath of office is conferred by Rev. St. $ 1758. Sec. 171. Restriction on employing extra clerks. No extra clerk shall be employed in any Department, Bureau, or office, at the seat of Government, except during the session of Congress, or when indispensably necessary in answering some call made by either House of Congress at one session to be answered at another; nor then, except by order of the head of the Department in which, or in some Bureau or office of which, such extra clerk shall be employed. And no extra clerk employed in either of the Depart- ments shall receive compensation except for time actually and neces- sarily employed, nor any greater compensation than three dollars a day for copying, or four dollars a day for any other service. Act Aug. 26, 1842, c. 202, § 15, 5 Stat. 526. The clerks, etc., to be employed, are limited to the compensation and number for which specific provision is made by appropriations each year, by Act Aug. 5, 1882, c. 389, § 4, ante, under Rev. St. § 169. A general prohibition of employment of any clerk, etc., in any of the executive departments in Washington, or elsewhere, beyond provision made by law, is contained in Act Aug. 15, 1876, c. 287, § 5, post, under Rev. St. $ 1760. Sec. 172. [Repealed. Act Aug. 5, 1882, c. 389, $ 4.] This section merely prohibited the employment or payment of a mes- senger, etc., or other subordinate assistant, in any Department, etc., "un- less such employment is authorized by law, or is necessary to carry into effect some object for which an appropriation has been specifically made.” It is expressly repealed by Act Aug. 5, 1882, c. 389, § 4, ante, under Rev. St. $ 169. Sec. 173. Chief clerks to supervise subordinate clerks. Each chief clerk in the several Departments, and Bureaus, and oth- er offices connected with the Departments, shall supervise, under the Secs. 174-176) 89 Tit. 4 EXECUTIVE DEPARTMENTS. direction of his immediate superior, the duties of the other clerks therein, and see that they are faithfully performed. Act Aug. 26, 1812, c. 202, § 13, 5 Stat. 525. Sec. 174. Chief clerks to distribute duties, etc. Each chief clerk shall take care, from time to time, that the duties of the other clerks are distributed with equality and uniformity, ac- cording to the nature of the case. He shall revise such distribution from time to time, for the purpose of correcting any tendency to un- due accumulation or reduction of duties, whether arising from indi- vidual negligence or incapacity, or from increase or diminution of particular kinds of business. And he shall report monthly to his su- perior officer any existing defect that he may be aware of in the ar- rangement or dispatch of business. Act Aug. 26, 1812, c. 202, § 13, 5 Stat. 525. Sec. 175. Duty of chief on receipt of report. Each head of a Department, chief of a Bureau, or other superior officer, shall, upon receiving each monthly report of his chief clerk, rendered pursuant to the preceding section, examine the facts stated therein, and take such measures, in the exercise of the powers con- ferred upon him by law, as may be necessary and proper to amend any existing defects in the arrangement or dispatch of business dis- closed by such report. Act Aug. 26, 1842, c. 202, § 13, 5 Stat. 525. Sec. 176. Disbursing clerks. The disbursing clerks authorized by law in the several Depart- ments shall be appointed by the heads of the respective Departments, from clerks of the fourth class; and shall each give a bond to the United States for the faithful discharge of the duties of his office ac- cording to law in such amount as shall be directed by the Secretary of the Treasury, and with sureties to the satisfaction of the Solicitor of the Treasury; and shall from time to time renew, strengthen, and increase his official bond, as the Secretary of the Treasury may direct. Each disbursing clerk, except the disbursing clerk of the Treasury Department, must, when directed so to do by the head of the Depart- ment, superintend the building occupied by his Department. Each disbursing clerk is entitled to receive, in compensation for his serv- ices in disbursing, such sum in addition to his salary as a clerk of the fourth class as shall make his whole annual compensation two thou- ; sand dollars a year. Act March 3, 1853, c. 97, $ 3, 10 Stat. 209, 211. Act March 3, 1855, c. 175, § 4, 10 Stat. 669. Act March 3, 1873, c. 226, § 1, 17 Stat. 485, Provisions authorizing the appointment of disbursing clerks for the 492. 90 (Secs. 176-179 Tit. 4 EXECUTIVE DEPARTMENTS. several Departments are contained in Rev. St. $$ 201, 215, 235, 351, 393, 416, 440. Statements and receipts by disbursing officers for all moneys expended by them are required by Rev. St. $ 193. Inspection of books, papers, etc., of disbursing officers, by the account- ing officers of the Treasury Department, is provided for by Act Feb. 19, 1897, c. 205, 8 1, post, under Rev. St. $ 277. Sec. 177. Vacancies; how temporarily filled. In case of the death, resignation, absence, or sickness of the head of any Department, the first or sole assistant thereof shall, unless oth- erwise directed by the President, as provided by section one hundred and seventy-nine, perform the duties of such head until a successor is appointed, or such absence or sickness shall cease. Act July 23, 1868, c. 227, § 1, 15 Stat. 168. The chief clerk of the War Department was authorized, in the tempo- rary absence of the Secretary of War, to sign requisitions on the Treas- ury, and other papers, by Act March 4, 1874, c. 44, post, under Rev. St. $ 215. Sec. 178. Vacancies in subordinate offices. In case of the death, resignation, absence, or sickness of the chief of any Bureau, or of any officer thereof, whose appointment is not vested in the head of the Department, the assistant or deputy of such chief or of such officer, or if there be none, then the chief clerk of such Bureau, shall, unless otherwise directed by the President, as pro- vided by section one hundred and seventy-nine, perform the duties of such chief or of such officer until a successor is appointed or such absence or sickness shail cease. Act July 23, 1868, c. 227, 82, 15 Stat. 168. In case of the death, resignation, absence, or sickness of the Chief of the Bureau of Navigation in the Navy Department, the officer of the Navy detailed as his assistant is authorized to perform the duties of such Chief, unless otherwise directed by the President under this section, by Act March 3, 1893, c. 212, § 1, post, under Rev. St. § 422. In case of the death, resignation, absence, or sickness of the Chief of the Bureau of Supplies and Accounts in the Navy Department, the officer of the pay corps of the Navy detailed as his assistant is author- ized to perform the duties of such Chief, unless otherwise directed by the President under this section, by Act July 26, 1894, c. 165, § 1, post, under Rev. St. § 425. In case of the death, resignation, absence, or sickness of the Chief of the Bureau of Ordnance in the Navy Department, the line officer of the Navy detailed as his assistant is authorized to perform the duties of such Chief, unless otherwise directed by the President under this sec- tion, by Act May 4, 1898, c. 234, § 1, post, under Rev. St. $ 422. Sec. 179. Discretionary authority of the President. In any of the cases mentioned in the two preceding sections, except the death, resignation, absence, or sickness of the Attorney-General, the President may, in his discretion, authorize and direct the head of Secs. 179-182) 91 Tit. 4-EXECUTIVE DEPARTMENTS. any other Department or any other officer in either Department, whose appointment is vested in the President, by and with the advice and consent of the Senate, to perform the duties of the vacant office until a successor is appointed, or the sickness or absence of the in- cumbent shall cease. Act July 23, 1868, c. 227, $ 3, 15 Stat. 168. Act June 22, 1870, c. 150, $ 2, 16 Stat. 162. The President is empowered to authorize and direct the commanding general of the Army or the chief of any military bureau of the War Department to perform the duties of the Secretary of War, under the provisions of this section, by Act Aug. 5, 1882, c. 389, § 1, post, under Rev. St. $ 214. Sec. 180. [As amended 1891.] Temporary appointments limited to [thirty] days. A vacancy occasioned by death or resignation must not be tem- porarily filled under the three preceding sections for a longer period than thirty days. Act July 23, 1868, c. 227, § 3, 15 Stat. 168. Act Feb. 6, 1891, c. 113, 26 Stat. 733. The amendment of this section by Act Feb. 6, 1891, c. 113, cited above, consists in the change of the period for which such a vacancy may be filled from "ten days," as provided in the original section, to "thirty days." Sec. 181. Restriction on temporary appointments. No temporary appointment, designation, or assignment of one of- ficer to perform the duties of another, in the cases covered by sections one hundred and seventy-seven and one hundred and seventy-eight, shall be made otherwise than as provided by those sections, except to fill a vacancy happening during a recess of the Senate. Act July 23, 1868, c. 227, $ 2, 15 Stat. 168. Sec. 182. Extra compensation disallowed. An officer performing the duties of another office, during a vacan- cy, as authorized by sections one hundred and seventy-seven, one hundred and seventy-eight, and one hundred and seventy-nine, is not by reason thereof entitled to any other compensation than that at- tached to his proper office. Act July 23, 1868, c. 227, § 3, 15 Stat. 168. ACT MARCH 28, 1896, c. 73. An Act to Regulate the Issue and Recording of the Commissions of Officers in Several of the Departments. (29 Stat. 75.) Commissions of officers under Secretaries of Departments. Be it enacted, &c., That hereafter the commissions of all officers under the direction and control of the Secretary of the Treasury, the Secretary of War, the Secretary of the Navy, and the Secretary of 92 (Secs. 182-184 Tit. 4 EXECUTIVE DEPARTMENTS. Agriculture shall be made out and recorded in the respective De- partments under which they are to serve, and the Department seal affixed thereto, any laws to the contrary notwithstanding: Pro- vided, That the said seal shall not be affixed to any such commission before the same shall have been signed by the President of the United States. Act March 28, 1896, c. 73, 29 Stat. 75. Similar provisions, requiring commissions of revenue officers to be made out and recorded in the Treasury Department, are contained in Rev. St. § 238. Before the passage of this act, similar statutes, relating to Depart- ments not included in its provisions, had been enacted, as follows: Re- lating to the Post Office Department, Act March 18, 1874, c. 57, post, under Rev. St. $ 395; relating to the Interior Department, Act March 3, 1875, c. 131, § 14, post, under Rev. St. 8 440; relating to the De- partment of Justice, Act Aug. 8, 1888, c. 786, post, under Rev. St. $ 353. The effect of these acts, taken together, is to require all com- missions to be made out and recorded in the Department under which the officer is to serve. All civil commissions for officers to be appointed by the President were required by Rev. St. $ 1794, to be made out and recorded by the Secretary of State. Sec. 183. [As amended 1901.] Oaths, when administered by officers, etc. Any officer or clerk of any of the departments lawfully detailed to investigate frauds on, or attempts to defraud, the Government, or any irregularity or misconduct of any officer or agent of the United States, and any officer of the Army detailed to conduct an investiga- tion, and the recorder, and, if there be none, the presiding officer of any military board appointed for such purpose, shall have authority to administer an oath to any witness attending to testify or depose in the course of such investigation. Res. April 10, 1869, No. 15, $ 2, 16 Stat. 55. Act March 7, 1870, c. 23, 16 Stat. 75. Act March 2, 1901, c. 809, 8 3, 31 Stat. 951. The amendment of this section by Act March 2, 1901, c. 809, § 3, consisted principally in the insertion of a clause adding to the officers or clerks authorized to administer oaths to witnesses, "and any officer of the Army detailed to conduct an investigation, and the recorder, and, if there be none, the presiding officer of any military board ap- pointed for such purpose.” Authority to administer an oath to any witness, on investigation of a shipwreck attended with loss of life, is conferred on the officer or clerk of the Treasury Department detailed to conduct such investigation, by Act June 18, 1878, c. 265, $ 9, post, under Rev. St. 8 4249. Sec. 184. Subpænas to witnesses. Any head of a Department or Bureau in which a claim against the United States is properly pending may apply to any judge or clerk of any court of the United States, in any State, District, or Territory, to issue a subpoena for a witness being within the jurisdiction of such court, to appear at a time and place in the subpæna stated, before any officer authorized to take depositions to be used in the courts of the United States, there to give full and true answers to such written Secs. 184-188) 93 Tit. 4-EXECUTIVE DEPARTMENTS. interrogatories and cross-interrogatories as may be submitted with the application, or to be orally examined and cross-examined upon the subject of such claim. Act Feb. 14, 1871, c. 51, § 1, 16 Stat. 412. In addition to the authority conferred by this section, like provision is made for the issue of subpoenas for witnesses, upon the application of the Commissioner of Pensions, on investigation or examination into the merits of pension claims, by Act July 25, 1882, c. 349, § 3, post, under Rev. St. § 4744. Sec. 185. Witnesses' fees. Witnesses subpoenaed pursuant to the preceding section shall be allowed the same compensation as is allowed witnesses in the courts of the United States. Act Feb. 14, 1871, c. 51, § 1, 16 Stat. 412. Sec. 186. Compelling testimony. If any witness, after being duly served with such subpoena, neglects or refuses to appear, or, appearing, refuses to testify, the judge of the district in which the subpoena issued may proceed, upon proper process, to enforce obedience to the subpoena, or to punish the dis- obedience, in like nianner as any court of the United States may do in case of process of subpoena ad testificandum issued by such court. Act Feb. 14, 1871, c. 51, § 1, 16 Stat. 412. Sec. 187. Professional assistance; how obtained. Whenever any head of a Department or Bureau having made ap- plication pursuant to section one hundred and eighty-four, for a sub- poena to procure the attendance of a witness to be examined, is of opinion that the interests of the United States require the attendance of counsel at the examination, or require legal investigation of any claim pending in his Department or Bureau, he shall give notice thereof to the Attorney-General, and of all facts necessary to enable the Attorney-General to furnish proper professional service in at- tending such examination, or making such investigation, and it shall be the duty of the Attorney-General to provide for such service. Act Feb. 14, 1871, c. 51, § 3, 16 Stat. 412. A similar provision is contained in Rev. St. $ 364. Sec. 188. Evidence to be furnished by the Departments in suits pending in the Court of Claims. In all suits brought against the United States in the Court of Claims founded upon any contract, agreement, or transaction with any Department, or any Bureau, officer, or agent of a Department, or where the matter or thing on which the claim is based has been 94 (Secs. 188-189 Tit. 4-EXECUTIVE DEPARTMENTS. passed upon and decided by any Department, Bureau, or officer au- thorized to adjust it, the Attorney-General shall transmit to such De- partment, Bureau, or officer, a printed copy of the petition filed by the claimant, with a request that the Department, Bureau, or officer, shall furnish to the Attorney-General all facts, circumstances, and evidence touching the claim in the possession or knowledge of the Department, Bureau, or officer. Such Department, Bureau, or of- ficer shall, without delay, and within a reasonable time, furnish the Attorney-General with a full statement, in writing, of all such facts, information, and proofs. The statement shall contain a reference to or description of all such official documents or papers, if any, as may furnish proof of facts referred to in it, or may be necessary and prop- er for the defense of the United States against the claim, mentioning the Department, office, or place where the same is kept or may be procured. If the claim has been passed upon and decided by the De- partment, Bureau, or officer, the statement shall succinctly state the reasons and principles upon which such decision was based. In all cases where such decision was founded upon any act of Congress, or upon any section or clause of such act, the same shall be cited spe- cifically; and if any previous interpretation or construction has been given to such act, section, or clause by the Department, Bureau, or officer, the same shall be set forth succinctly in the statement, and a copy of the opinion filed, if any, shall be annexed to it. Where any decision in the case has been based upon any regulation of a Depart- ment, or where such regulation has, in the opinion of the Depart- ment, Bureau, or officer transmitting such statement, any bearing upon the claim in suit, the same shall be distinctly quoted at length in the statement. But where more than one case, or a class of cases, is pending, the defense to which rests upon the same facts, circum- stances, and proofs, the Department, Bureau, or officer shall only be required to certify and transmit one statement of the same, and such statement shall be held to apply to all such cases, as if made out, cer- tified, and transmitted in each case respectively. Act June 25, 1868, c. 71, § 6, 15 Stat. 76. The heads of the several Executive Departments are required to cause to be rendered to the Commissioner of Fish and Fisheries all nec- essary and practicable aid in the prosecution of his investigations and in- quiries, by Rev. St. § 4397. Sec. 189. Employment of attorneys or counsel. No head of a Department shall employ attorneys or counsel at the expense of the United States; but when in need of counsel or ad- vice, shall call upon the Department of Justice, the officers of which shall attend to the same. Act June 22, 1870, c. 150, $ 17, 16 Stat. 164. The duties of the officers of the Department of Justice to render legal services to heads of Departments are prescribed by Rev. St. $ 361. Secs. 190-193) 95 Tit. 4-EXECUTIVE DEPARTMENTS. Sec. 190. Persons formerly in the Departments not to prosecute claims in them. It shall not be lawful for any person appointed after the first day of June, one thousand eight hundred and seventy-two, as an officer, clerk, or employé in any of the Departments, to act as counsel, attor- ney, or agent for prosecuting any claim against the United States which was pending in either of said Departments while he was such officer, clerk, or employé, nor in any manner, nor by any means, to aid in the prosecution of any such claim, within two years next after he shall have ceased to be such officer, clerk, or employé. Act June 1, 1872, c. 256, § 5, 17 Stat. 202. Sec. 191. [Repealed. Act July 31, 1894, C. 174, § 8.] This section made the balances stated and certified by the officers of the Treasury Department conclusive on the executive branch of the Government. Different provisions on the same subject form part of section 8 of Act July 31, 1894, c. 174, post, under Rev. St. $ 277, by which this section is expressly repealed. Sec. 192. Expenditures for newspapers. The amount expended in any one year for newspapers, for any De- partment, except the Department of State, including all the Bureaus and offices connected therewith, shall not exceed one hundred dol- lars. And all newspapers purchased with the public money for the use of either of the Departments must be preserved as files for such Department. Act Aug. 26, 1842, c. 202, § 16, 5 Stat. 526. ACT JUNE 7, 1897, c. 3, § 1. Expenditures for transportation of remains of deceased employés. That hereafter the heads of Departments shall not authorize any expenditure in connection with transportation of remains of deceased employees, except when otherwise specifically provided by law. Act June 7, 1897, c. 3, § 1, 30 Stat. 86. This is a proviso to an appropriation for such expenditures in the Indian appropriation act of June 7, 1897, cited above. Sec. 193. Annual report of expenditure of contingent funds. The head of each Department shall make an annual report to Con- gress, giving a detailed statement of the manner in which the con- tingent fund for his Department, and for the Bureaus and offices therein, has been expended, giving the names of every person to whom any portion thereof has been paid; and if for anything fur- nished, the quantity and price; and if for any service rendered, the nature of such service, and the time employed, and the particular oc- 96 (Sec. 193 Tit. 4-EXECUTIVE DEPARTMENTS. casion or cause, in brief, that rendered such service necessary; and the amount of all former appropriations in each case on hand, either in the Treasury or in the hands of any disbursing officer or agent. And he shall require of the disbursing officers, acting under his direc- tion and authority, the return of precise and analytical statements and receipts for all the moneys which may have been from time to time during the next preceding year expended by them, and shall com- municate the results of such returns and the sums total, annually, to Congress. Act Aug. 26, 1842, c. 202, $ 20, 5 Stat. 527. The Attorney General is required to report, in detail, the items, amounts, and causes of expenditure of the contingent expenses of the Department of Justice, by Act June 20, 1874, c. 328, § 1, post, under Rev. St. 384. A general requirement of distinct accounts of the application of pub- lic moneys according to the appropriation thereof is contained in Rev St. § 3623. Estimates for compensation of officers are to be founded on express provisions of law, and not upon authority of executive distribution, by Rev. St. § 3662. Moneys appropriated for contingent, etc., expenses are not to be ex- pended for official or clerical compensation, by Rev. St. § 3682. Restrictions on expenditures from the contingent fund appropriated to any department, bureau, or office are contained in Rev. St. & 3683. Law books, books of reference, and periodicals for the use of any department or other establishment at the seat of Government are not to be purchased from appropriations for contingent expenses, etc., un- less specifically provided for in the law granting the appropriation, by Act March 15, 1898, c. 68, § 3, post, following Rev. St. $ 3683. Advertisements for proposals for supplies are required by Rev. St. $$ 3709, 3710, and subsequent provisions set forth under those sec- tions. Inspection of fuel purchased in the District of Columbia is provided for by Rev. St. $S 3711-3713, as amended by Act March 15, 1898, c. 68, 8 6. Contracts for stationery or other supplies for the Executive Depart- ments are not to be for a longer term than one year, by Rev. St. $ 3735. Restrictions on renting buildings for the purposes of the Govern- ment in the District of Columbia are contained in Act March 3, 1877, c. 106, and Act Aug. 5, 1882, c. 389, post, under Title XLIII A, “Public Buildings and Works." Printing and binding for the departments at the Government Printing Office are provided for by Act Jan. 12, 1895, c. 23, § 93, post, under Title XLV, “Public Printing, Advertisements, and Public Documents”; and restrictions on printing reports, etc., of the departments are con- tained in section 73 of that act. ACT MARCH 3, 1877, c. 102, § 1. Report to Congress of expenditure for contingent expenses. And hereafter a detailed statement of the expenditure for the pre- ceding fiscal year of all sums appropriated for contingent expenses of the Independent Treasury, or in any department or bureau of the Government shall be presented to Congress at the beginning of each regular session. Act March 3, 1877, c. 102, § 1, 19 Stat. 306. This is a provision of the legislative, executive, and judicial appro- priation act for the fiscal year ending June 30, 1878, cited above, fol- Secs. 194-197) 97 Tit. 4-- EXECUTIVE DEPARTMENTS. lowing an appropriation for the collection, safe-keeping, transfer, and disbursement of the public money, under the heading, “Independent Treasury." Sec. 194. [Repealed. Act March 2, 1895, C. 177, § 8.] This section required an annual report by the head of each Depart- ment as to the clerks, etc., employed in the Department. Statements as to such matters in the annual Book of Estimates are required by other provisions of the act repealing this section, Act March 2, 1895, c. 177, § 7, post, following Rev. St. $ 3662. Reports by heads of departments in the annual estimates as to in- efficient employés are also required by Act July 11, 1890, c. 667, § 2, post, following Rev. St. § 3662. Sec. 195. Time of making annual reports. Except where a different time is expressly prescribed by law, the various annual reports required to be submitted to Congress by the heads of Departments shall be made at the commencement of each regular session, and shall embrace the transactions of the preceding year. See all acts requiring reports. The reports required to be made by each head of a Department are prescribed by provisions under the titles of the several Departments. Provisions relating to annual estimates to be furnished by heads of Departments for appropriations, their requisites, contents, etc., the time for furnishing them, and the preparation of the Book of Esti- mates, are contained in Title XLI, "Appropriations." Sec. 196. Department reports, when to be furnished to printer. The head of each Department, except the Department of Justice, shall furnish to the Congressional Printer copies of the documents usually accompanying his annual report, on or before the first day of November in each year, and a copy of his annual report on or before the third Monday of November in each year. Act June 25, 1864, c. 155, $$ 1, 3, 13 Stat. 184, 185. Act June 22, 1870, c. 150, § 12, 16 Stat. 161. Provisions for printing and distribution of the reports of the De- partments and executive officers are contained in Act Jan. 12, 1895, c. 23, 88 73, 91, and subsequent statutes, collected under Title XLV, "Public Printing, Advertisements, and Public Documents.” Provisions for furnishing public documents printed at the Govern- ment Printing Office to the Departments, and for the distribution and exchange thereof, are contained in Act Jan. 12, 1895, c. 23, $$ 90, 92, 95, post, under Title XLV, "Public Printing, Advertisements, and Public Documents." Sec. 197. [As amended 1877.] Inventories of property. The Secretary of State, the Secretary of the Treasury, the Secre- tary of the Interior, the Secretary of War, the Secretary of the Navy, LAWS '01-7 98 (Sec. 197 Tit. 4-EXECUTIVE DEPARTMENTS. the Postmaster-General, the Attorney-General, and Commissioner of Agriculture shall keep, in proper books, a complete inventory of all the property belonging to the United States in the buildings, rooms, offices, and grounds occupied by them, respectively, and under their charge, adding thereto, from time to time, an account of such prop- erty as may be procured subsequently to the taking of such inven- tory, as well as an account of the sale or other disposition of any of such property, except supplies of stationery and fuel in the public offices and books, pamphlets, and papers in the Library of Congress. Act July 15, 1870, c. 300, § 1, 16 Stat. 364. Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 241. The amendment, by Act Feb. 27, 1877, c. 69, § 1, entitled, "An Act to Perfect the Revision of the Statutes of the United States," etc., consists in the addition, at the end of the section, of the clause except- ing supplies of stationery and fuel, pamphlets, and papers in the Li- brary. A similar provision as to the Postmaster General, with an additional requirement of an annual report to Congress, is contained in Rev. St. § 397. Provisions for accounts of public property in the possession of the officers of the Senate and House of Representatives are contained in Rev. St. § 72; and of public property in and about the Capitol, the President's House, and the Botanic Garden in Act April 17, 1900, c. 192, § 1, ante, under Rev. St. $ 156, and in Rev. St. $$ 1832, 1833. ACT FEB. 16, 1889, c. 171. . c. An Act to Authorize and Provide for the Disposition of Useless Papers in the Executive Departments. (25 Stat. 672.) Accumulation of useless papers in the Departments. Be it enacted, &c., That whenever there shall be in any one of the Executive Departments of the Government an accumulation of files of papers, which are not needed or useful in the transaction of the current business of such Department and have no permanent value or historical interest, it shall be the duty of the head of such Depart- ment to submit to Congress a report of that fact, accompanied by a concise statement of the condition and character of such papers. And upon the submission of such report, it shall be the duty of the presiding officer of the Senate to appoint two Senators, and of the Speaker of the House of Representatives to appoint two Representa- tives, and the Senators and Representatives so appointed shall con- stitute a joint committee, to which shall be referred such report, with the accompanying statement of the condition and character of such papers, and such joint committee shall meet and examine such report and statement and the papers therein described, and submit to the Senate and House, respectively, a report of such examination and their recommendation. And if they report that such files of papers, or any part thereof, are not needed or useful in the transaction of the current business of such Department, and have no permanent value or historical interest, then it shall be the duty of such head of the Department to sell as waste paper, or otherwise dispose of such files of papers upon the best obtainable terms after due publication of notice inviting propos- Secs. 197-198) 99 Tit. 4–EXECUTIVE DEPARTMENTS. als therefor, and receive and pay the proceeds thereof into the Treas- ury of the United States, and make report thereof to Congress. Act Feb. 16, 1889, c. 171, 25 Stat. 672. These provisions are extended by an amendment by the sundry civil appropriation act of March 2, 1895, set forth below. ACT MARCH 2, 1895, c. 189, § 1. Accumulation of useless papers in buildings under control of the De- partments. That the Act entitled “An Act to authorize and provide for the dis- position of useless papers in the Executive Department,” approved February sixteenth, eighteen hundred and eighty-nine, be, and the same is hereby, amended so as to include in its provisions any accu- mulation of files of papers of a like character therein described now or hereafter in the various public buildings under the control of the several Executive Departments of the Government. Act March 2, 1895, c. 189, § 1, 28 Stat. 933. Special provisions are made for the disposition of accumulations of useless papers, as follows: Records of courts-martial, Act March 3, 1877, c. 102, § 1, post, under Rev. St. & 1342, art. 113. Papers in the Post Office Department, Act March 3, 1881, c. 130, $ 1, post, under Rev. St. $ 397. Papers in the Office of the Auditor of the Treasury for the Post Office Department, Act Aug. 5, 1882, c. 389, § 1, and Act March 15, 1898, c. 68, $ 10, post, under Rev. St. § 241. Documents in offices of Senate and House of Representatives, Act Aug. 7, 1882, c. 433, § 1, ante, under Rev. St. $ 72. Money order statements, paid money orders, and paid postal notes, Act July 16, 1894, c. 137, § 4, amended by Act March 3, 1897, c. 385, § 1, post, under Rev. St. § 241. Proposals for carrying the mail, reports of arrivals and departures of the mails, and certificates of oaths of carriers on mail routes, Rev. St. $ 3948, as amended by Act June 13, 1898, c. 446, $ 2. Telegrams pertaining to business of Weather Bureau, Act May 25, 1900, c. 555, § 1, post, under Title XII, c. B. Sec. 198. [Superseded. Act Jan. 12, 1895, C. 23, § 73.] $ This section required the head of each Department, in each year in which a new Congress is to assemble, to cause to be filed in the De- partment of the Interior a list of all officers, agents, clerks, and em- ployés employed in his Department, etc., including statistics required to enable the Secretary of the Interior to prepare the Biennial Register. The time to which the lists should be made up, and the time when they should be filed, were prescribed by Act Dec. 15, 1877, c. 4, § 2, 20 Stat. 13, amended by Act June 16, 1880, c. 235, § 1, 21 Stat. 275. All these provisions, and those of Rev. St. $$ 510, 511, relating to the preparation and distribution of the Biennial Register, are super- seded by more specific provisions for the same purposes, contained in Act Jan. 12, 1895, c. 23, $ 73, post, under Title XLV, "Public Print- ing, Advertisements, and Public Documents.” In such subsequent provisions the Biennial Register is designated as the Official Register. TITLE V. THE DEPARTMENT OF STATE. Sec. 199. Establishment of the Department of State. 200. Assistant and Second Assistant Secretaries of State. Act June 20, 1874, c. 328, § 1. Third Assistant Secretary of State. 201. Subordinate officers, etc. Act March 3, 1875, c. 129, $ 1. Chief of Bureau of Accounts, disburs- ing clerk. Act Feb. 20, 1897, c. 268. Change of name of Bureau of Statis- tics to Bureau of Foreign Com- merce. 202. Management of foreign affairs. Act June 20, 1874, c. 328, § 1 Distribution of duties of officers, clerks, and other employés. 203. Custody of seals and property. 204. Promulgation of the laws. 205. Amendments to Constitution. 206. State statutes to be procured. 207. Report of returns of collectors and foreign agents. Sec. 208. Reports of foreign regulations of commerce, other commercial in- formation, and consular fees. 209. Statement of expenditures from contingent fund. 210. Copies of acts and treaties furnish- ed to printer. 211. Publication of commercial informa- tion. Act June 16, 1880, c. 235, $ 1. Sale of consular and other commercial reports published. Act July 7, 1884, c. 333, & 1. Discussions in commercial reports of political, religious, or moral ques- tions not to be published. Act July 26, 1894, c. 166. Terms of measure, weight, and money in commercial reports; number of copies. 212. Passports. 213. Fees for copies of records. Sec. 199. Establishment of the Department of State. There shall be at the seat of Government an Executive Depart- ment to be known as the Department of State, and a Secretary of State, who shall be the head thereof. Act July 27, 1789, c. 4, § 1, 1 Stat. 28. Act Sept. 15, 1789, c. 14, § 1, 1 Stat. 68. Sec. 200. Assistant and Second Assistant Secretaries of State. There shall be in the Department of State an Assistant Secretary of State, and a Second Assistant Secretary of State, each of whom shall be appointed by the President, by and with the advice and con- sent of the Senate, and shall be entitled to a salary of six thousand dollars a year, to be paid monthly. Act March 3, 1853, c. 97, 8 6, 10 Stat. 212. Act July 25, 1866, c. 233, $ 2, 14 Stat. 226. Act March 3, 1873, c. 226, § 1, 17 Stat. 486. Act Jan. 20, 1874, c. 11, 18 Stat. 4. Act June 20, 1874, c. 328, 18 Stat. 90. Präzisions applicable to all the Departments, that, in case of the death, (100) Secs. 200-201) 101 Tit. 5—DEPARTMENT OF STATE. resignation, absence, or sickness of the head of the Department, the du- ties of the office may be performed temporarily by the assistant, are con- tained in Rev. St. 8 177. The salaries of the Assistant Secretaries were reduced to $3,500 each by the repeal, by Act Jan. 20, 1874, c. 11, ante, under Rev. St. $ 35, of the increase from that amount to $6,000, by Act March 3, 1873, c. 226, $ 1, incorporated in the above section. Subsequent appropriations are for increased amounts. $4,500 is appropriated for each Assistant Secretary by the legislative, executive, and judicial appropriation act of March 3, 1901, c. 830, § 1, 31 Stat. 972. The appointment of a Third Assistant Secretary was authorized by a provision of the legislative, executive, and judicial appropriation act of June 20, 1874, c. 328, § 1, set forth below. ACT JUNE 20, 1874, c. 328, $ 1. Third Assistant Secretary of State. For compensation of * two Assistant Secretaries of State, at three thousand five hundred dollars each; and one additional As- sistant Secretary of State, with like compensation, to be appointed by the President, by and with the advice and consent of the Senate, to be known as the Third Assistant Secretary of State: * * Act June 20, 1874, c. 328, § 1, 18 Stat. 90. The compensation of the Assistant Secretaries is increased by subse- quent appropriation acts. The appropriation for the year ending June 30, 1902, is for Assistant Secretary, $4,500; Second and Third Assistant Secretaries, at $4,500 each. Act March 3, 1901, c. 830, § 1, 31 Stat. 972. Sec. 201. Subordinate officers, etc. There shall be in the Department of State: One chief clerk, at a salary of two thousand five hundred dollars a year. Two chiefs of the Diplomatic Bureaus, at a salary of two thousand four hundred dollars a year, each. Two chiefs of the Consular Bureaus, at a salary of two thousand four hundred dollars a year, each. Chief of the Bureau of Accounts, at a salary of two thousand four hundred dollars a year. Chief of the Bureau of Indexes and Archives, at a salary of two thousand four hundred dollars a year. One disbursing clerk. Act March 3, 1855, c. 175, $ 4, 10 Stat. 669. Act May 22, 1872, c. 194, 17 Stat. 145. Act March 3, 1873, c. 226, $ 3, 17 Stat. 508. Act Jan. 20, 1874, c. 11, 18 Stat. 4. This section enumerates the subordinate officers in the Department, and their salaries, at the time of the enactment of the Revised Statutes, as authorized by the then existing statutes, cited above. But the offi- cers, clerks, and others actually appointed or employed, and their re- spective salaries and other compensation, depend on the specific provi- sions made in the annual appropriation acts, each providing for the fiscal year next following; the employment or payment of others being forbid- den by Act Aug. 5, 1882, c. 389, $ 4, ante, under Rev. St. $ 169. Subse- quent appropriation acts provide for officers and clerks and for salaries different from those fixed by the above section. The appropriations for the year ending June 30, 1902, are contained in the legislative, executive, 102 (Secs. 201-202 Tit. 5-DEPARTMENT OF STATE. and judicial appropriation act of March 3, 1901, c. 830, § 1, 31 Stat. 972, 973. An Examiner of Claims for the Department of State, in the Depart- ment of Justice, is provided for by Rev. St. & 349. The designation of the office is changed to Solicitor for the Department of State, by Act March 3, 1891, c. 541, § 1, post, under Rev. St. $ 349. The change of the name of the Bureau of Statistics, Department of State, to the Bureau of Foreign Commerce, is authorized by a provision of Act Feb. 20, 1897, c. 268, set forth below. Provisions applicable to all the Departments, as to the employment of clerks and others, are contained in Rev. St. $ 169, and Act Aug. 5, 1882, c. 389, $ 4, under that section. Provisions applicable to all the Departments, as to the duties of chief clerks and disbursing clerks, are contained in Rev. St. $S 173, 174, 176, and the statutes collected under those sections. The Chief of the Bureau of Accounts may be appointed disbursing clerk, under a provision of Act March 3, 1975, c. 129, § 1, set forth be- low. ACT MARCH 3, 1875, c. 129, $ 1. Chief of Bureau of Accounts, disbursing clerk. The chief of the Bureau of Accounts may be appointed by the head of the Department disbursing-clerk of the Department of State. Act March 3, 1875, c. 129, § 1, 18 Stat. 349. This is a provision of the legislative, executive, and judicial appropri- ation act for the fiscal year ending June 30, 1876, cited above. ACT FEB. 20, 1897, c. 268. Change of name of Bureau of Statistics to Bureau of Foreign Com- merce. That the Secretary of State be, and he is hereby, authorized to change the name of the Bureau of Statistics to the Bureau of Foreign Commerce. Act Feb. 20, 1897, c. 268, 29 Stat. 590. This is a proviso annexed to an appropriation for preparation, etc., of commercial reports, part of the sum to be used for services of employés of the Bureau, contained in the diplomatic and consular appropriation act for the year ending June 30, 1898, cited above. Similar appropria- tions are made by subsequent acts. See Act March 2, 1901, c. 802, 31 Stat. 894. The Bureau is not one of those chiefs for which are provided by Rev. St. 8 201. Provisions relating to the Bureau of Statistics in the Treasury De- partment are contained in Title VII, “The Department of the Treasury,' c. 10. Sec. 202. Management of foreign affairs. The Secretary of State shall perform such duties as shall from time to time be enjoined on or intrusted to him by the President relative to correspondences, commissions, or instructions to or with public ministers or consuls from the United States, or to negotiations with public ministers from foreign states or princes, or to memorials or other applications from foreign public ministers or other foreigners, or 'to such other matters respecting foreign affairs as the President of the United States shall assign to the Department, and he shall con- Secs. 202–204) 103 Tit. 5—DEPARTMENT OF STATE. duct the business of the Department in such manner as the President shall direct. Act July 27, 1789, c. 4, § 1, 1 Stat. 28. Act Sept. 15, 1789, c. 14, $ 1, 1 Stat. 68. Act June 20, 1874, c. 328, 18 Stat. 90. Provisions relating to public ministers and consuls, etc., of the United States are contained in Title XVIII, "Diplomatic and Consular Officers”; and provisions relating to foreign public ministers, consuls, etc., and to relations with foreign countries, are contained in Title XLVII, "Foreign Relations." The keeping and use of the seal of the United States by the Secretary of State are provided for by Rev. St. $8 203, 1794. General provisions as to the submission by the heads of Departments to Congress of estimates of expenditures and appropriations are con- tained in Rev. St. $8 3660–3665, 3669, and the statutes collected under those sections. Estimates by the Secretary of State for the annual expenditures of the diplomatic and consular service are required by a provision of Act July 1, 1882, c. 262, post, following Rev. St. § 3665 ACT JUNE 20, 1874, c. 328, $ 1. Distribution of duties of officers, clerks, and other employés. That the Secretary of State may prescribe duties for the Assistant Secretaries, the Solicitor, not interfering with his duties as an officer of the Department of Justice, and the clerks of Bureaus, as well as for all the other employés in the Department, and may make changes and transfers therein when, in his judgment, it becomes necessary. Act June 20, 1874, c. 328, § 1, 18 Stat. 90. This is a proviso annexed to the appropriation for the State Depart- ment in the legislative, executive, and judicial appropriation act of 1874, cited above. Sec. 203. Custody of seals and property. The Secretary of State shall have the custody and charge of the seal of the United States, and of the seal of the Department of State, and of all the books, records, papers, furniture, fixtures, and other property now remaining in and appertaining to the Department, or hereafter acquired for it. Act July 27, 1789, c. 4, $$ 2, 4, 1 Stat. 29. Act Sept. 15, 1789, c. 14, 87, 1 Stat. 69. The affixing of the seal of the United States to civil commissions for officers of the United States appointed by the President is regulated by Rev. St. $ 1794. The mode of affixing a seal, when necessary, is prescribed by Rev. St. $ 6. Sec. 204. [As amended 1874.] Promulgation of the laws. Whenever a bill, order, resolution or vote of the Senate and House of Representatives, having been approved by the President, or not having been returned by him with his objections, becomes a law or takes effect, it shall forthwith be received by the Secretary of State from the President; and whenever a bill, order, resolution or vote 104 (Secs. 204–207 Tit. 5—DEPARTMENT OF STATE. is returned by the President with his objections, and, on being re- considered, is agreed to be passed, and is approved by two-thirds of both Houses of Congress, and thereby becomes a law or takes effect, it shall be received by the Secretary of State from the President of the Senate, or Speaker of the House of Representatives in whichso- ever House it shall last have been so approved, and he shall carefully preserve the originals. Act Sept. 15, 1789, c. 14, § 2, 1 Stat. 68. Act July 7, 1838, c. 187, 5 Stat. 302. Act Dec. 28, 1874, c. 9, 18 Stat. 294. This section, as enacted in the Revised Statutes, read, in the first clause, “having been approved and signed by the President," instead of the words, “having been approved by the President"; and it contained a provision for the publication of the laws, etc., in newspapers, and the distribution of printed copies thereof by the Secretary of State, immedi- ately preceding the concluding words of the section, "and he shall care- fully preserve the originals.” The amendment by Act Dec. 28, 1874, c. 9, § 2, cited above, consists in the omission of the words, "and signed,” and of the provision for publication and distribution. The publication of the laws in newspapers ceased, after March 4, 1875, pursuant to Rev. St. 8 79. Sec. 205. Amendments to Constitution. Whenever official notice is received at the Department of State that any amendment proposed to the Constitution of the United States has been adopted, according to the provisions of the Constitution, the Secretary of State shall forthwith cause the amendment to be published in the newspapers authorized to promulgate the laws, with his certificate, specifying the States by which the same may have been adopted, and that the same has become valid, to all intents and pur- poses, as a part of the Constitution of the United States. Act April 20, 1818, c. 80, $ 2, 3 Stat. 439. See note under preceding section, as to publication of the laws in news- papers, Sec. 206. State statutes to be procured. The Secretary of State shall procure from time to time such of the Statutes of the several States as may not be in his office. Res. Sept. 23, 1789, No. 3, 1 Stat. 97. Sec. 207. Report of returns of collectors and foreign agents. The Secretary of State shall lay before Congress, within ten days after the commencement of each regular session, a statement con- taining an abstract of all the returns made to him pursuant to law, by the collectors of the different ports, of the seamen registered by them, together with an account of such impressments and detentions as shall appear by the protests of the masters to have taken place. Act March 2, 1799, c. 41, § 2, 1 Stat. 731. Provisions requiring masters to make protests upon impressment or de- Secs. 207–209) 105 Tit. 5— DEPARTMENT OF STATE. tention of seamen, contained in Rev. St. $$ 4589, 4590, are repealed by Act March 3, 1897, c. 389, § 16, post, following Rev. St. § 4153. The returns by collectors, mentioned in this section, are required by Rev. St. $ 4591. Sec. 208. Reports of foreign regulations of commerce, other commercial in- formation, and consular fees. The Secretary of State shall annually lay before Congress: First. A statement, in a compendious form, of all such changes and modifications in the commercial systems of other nations, wheth- er by treaties, duties on imports and exports, or other regulations, as shall have been communicated to the Department, including all com- mercial information contained in the official publications of other governments, which he shall deem sufficiently important. Second. A synopsis of so much of the information which may have been communicated to him by diplomatic and consular officers during the preceding year as he may deem valuable for public information; specifying the names of any consuls or commercial agents who may have been remiss in transmitting commercial information. Third. A full list of all consular officers. Fourth. A report of any rates or tariffs of fees to be received by diplomatic or consular officers, which may have been prescribed by the President during the year preceding. Fifth. A statement of such fees as may have been collected, ac- counted for, and reported by the various diplomatic and consular officers during the preceding year. Sixth. A statement of the lists of passengers arriving in the United States from foreign places, returned to him quarter-yearly by the col- lectors of customs. Seventh. A statement of the names of any consular officers, not citizens of the United States, to whom salaries have been paid during the year preceding, together with the circumstances under which they were appointed. Act Aug. 16, 1812, c. 181, 5 Stat. 507. Act Aug. 18, 1856, c. 127, 88 16, 18, 22, 11 Stat. 57, 58, 59, 60. Act Aug. 18, 1856, c. 170, $ 2, 11 Stat. 139. Act Feb. 22, 1873, c. 187, § 1, 17 Stat. 475. Provisions applicable to all the Departments, as to the time of making annual reports, and the time of furnishing copies thereof to the printer, are contained in Rev. St. 88 195, 196. Provisions for publication of commercial information by the Secretary of State are contained in Rev. St. $ 211, and statutes collected under that section. Sec. 209. Stateinent of expenditures from contingent fund. The annual statement of expenditures from the contingent fund re- quired to be made by the Secretary of State, must include all the con- tingent expenses of foreign intercourse and of all the missions abroad, except such expenditures as are settled upon the certificate of the President. Act May 9, 1836, c. 59, $ 2, 5 Stat. 25. Provisions applicable to all the Departments, as to reports of expendi- 106 (Secs. 210-211 Tit. 5—DEPARTMENT OF STATE. tures of contingent funds, are contained in Rev. St. $ 193, and Act March 3, 1877, c. 102, § 1, under that section. Sec. 210. Copies of acts and treaties furnished to printer. The Secretary of State shall furnish to the Congressional Printer a correct copy of every act and joint resolution, as soon as possible after its approval by the President, or after it has become a law in accordance with the Constitution without such approval; also of every treaty between the United States and any foreign government as soon as possible after it has been duly ratified and has been pro- claimed by the President; and also of every postal convention made between the Postmaster-General, by and with the advice and consent of the President, on the part of the United States and foreign coun- tries, as soon as possible after copies of such conventions have been transmitted to him by the Postmaster-General. Act March 9, 1868, c. 22, § 1, 15 Stat. 40. Act June 8, 1872, c. 335, § 20, 17 Stat. 287. Similar provisions as to furnishing copies of laws, treaties, etc., to the printer are contained in Rev. St. $ 3803. Copies of postal conventions are required to be transmitted by the Postmaster General to the Secretary of State for the purpose of being printed, by Rev. St. $$ 399, 3804. Provisions for the printing and distribution of copies of the laws, trea- ties, etc., are contained in Title XLV, "Public Printing, Advertisements, and Public Documents." Statutes providing for the revision of the laws, the printing and pub- lication of the Revised Statutes, and the preparation, printing, and pub- lication of Supplements to the Revised Statutes, are collected in the Ap- pendix. The distribution to the Department of State of Senate and House of Representative Documents and Reports is provided for by Res. Feb. 7, 1896, No. 14, post, under Title XLV, "Public Printing, Advertisements, and Public Documents." Sec. 211. Publication of commercial information. The Secretary of State shall publish official notifications, from time to time, of such commercial information communicated to him by diplomatic and consular officers, as he may deem important to the public interests, in such newspapers, not to exceed three in number, as he may select. Act Aug. 18, 1856, c. 127, § 22, 11 Stat. 60. The procuring and transmission of such information by consuls and other commercial agents is provided for by Rev. St. § 1712. Appropriations for the printing and distribution of such publications are made in the annual appropriation acts. That for the year ending June 30, 1902, is contained in the diplomatic and consular appropriation act of March 2, 1901, c. 802, 31 Stat. 894. Provisos annexed to such ap- propriations are set forth below. ACT JUNE 16, 1880, c. 235, $ 1. Sale of consular and other commercial reports published. For printing and distributing more frequently the publications by the Department of State of the consular and other commercial re- Sec. 211) 107 Tit. 5—DEPARTMENT OF STATE. * ports, including circular letters to chambers of commerce, Provided, that such publications may be sold at such rates as may be fixed by said department, and the proceeds of all sales to be paid into the Treasury; * Act June 16, 1880, c. 235, § 1, 21 Stat. 271. This is a provision of the sundry civil appropriation act for the fiscal year ending June 30, 1881, cited above. The number of each issue is limited by provisions of subsequent appro- priation acts. It is not to exceed 10,000 copies, by a provision of Act March 9, 1898, c. 55, and subsequent acts, cited below, under Act July 26, 1894, c. 166. ACT JULY 7, 1884, c. 333, § 1. Discussions in commercial reports of political, religious, or moral ques- tions not to be published. For printing and distributing the publications by the Department of State of the consular and other commercial reports, including cir- cular letters to chambers of commerce, * * Provided, That no part of such reports discussing partisan political, religious, or moral questions shall be published. Act July 7, 1884, c. 333, 23 Stat. 235. This is a proviso of the diplomatic and consular appropriation act for the fiscal year ending June 30, 1885, cited above. It is repeated in the similar appropriation of the next year, Act Feb. 25, 1885, c. 150, 23 Stat. 324. ports, * ACT JULY 26, 1894, c. 166. Terms of measure, weight, and money in commercial reports; number of copies. Preparation, printing, publication, and distribution by the Depart- ment of State of the diplomatic, consular, and other commercial re- That all terms of measure, weight, and money shall be reduced to and expressed in terms of measure, weight, and coin of the United States, as well as in the foreign terms; that each issue of diplomatic, consular, and other commercial reports shall not exceed ten thousand copies. Act July 26, 1894, c. 166, 28 Stat. 150. Act March 2, 1895, c. 185, 28 Stat. 825. Act Feb. 27, 1896, c. 34, 29 Stat. 38. Act Feb. 20, 1897, c. 268, 29 Stat. 590. Act March 9, 1898, c. 55, 30 Stat. 273. Act Feb. 9, 1899, c. 128, 30 Stat. 833. Act April 4, 1900, c. 159, 31 Stat. 71. Act March 2, 1901, c. 802, 31 Stat. 894. This is a proviso annexed to the appropriation for preparation, etc., of commercial reports, in the annual diplomatic and consular appropriation acts cited above. The language of the appropriation for the year ending June 30, 1902, is set forth here. The first clause is identical in all the acts. A limitation of the issue to 7,000 copies was added by Act Feb. 20, 1897, c. 268, and the number increased to 10,000 by Act March 9, 1898, c. 55, and the subsequent acts cited above. Provisions relating to the weights and measures to be used in the United States are contained in Rev. St. $$ 3569, 3570, and subsequent statutes collected under those sections. 108 (Secs. 212–213 Tit. 5—DEPARTMENT OF STATE. Sec. 212. Passports. The clerk in the Department of State who may from time to time be assigned to the duty of examining applications for passports is au- thorized to receive and attest, but without charge to the affiant, all oaths or affidavits required by law or by the rules of the Department of State to be made before granting passports. Res. Feb. 3, 1870, No. 8, 16 Stat. 368. Act June 20, 1874, c. 328, 18 Stat. 90. Provisions as to the issue of passports, and fees therefor, etc., are contained in Rev. St. 88 4075-4078, and statutes collected under those sections. Sec. 213. Fees for copies of records. For making out and authenticating copies of records in the De- partment of State, a fee of ten cents for each sheet containing one hundred words shall be paid by the person requesting such copies, ex- cept where they are requested by an officer of the United States in a matter relating to his office. Act Sept. 15, 1789, c. 14, § 6, 1 Stat. 69. TITLE VI. THE DEPARTMENT OF WAR. Sec. Sec. 214. Establishment of the Department Act July 27, 1892, c. 267. of War. Preamble. Act Aug. 5, 1882, c. 389, $ 1. Records of Revolution and War of Commanding general of Army or chief 1812 transferred from Treasury and of bureau may perform duties of Interior Departments. Secretary of War. Act Aug. 18, 1894, c. 301, $ 1. Act March 5, 1890, c. 26. Records of Revolution and War of Assistant Secretary of War. 1812 transferred from other Depart- 215. Subordinate officers. ments. Act March 4, 1874, c. 44. Act March 2, 1895, c. 177, 8 1. Chief clerk may sign papers instead Military history of regiments or com- of Secretary of War. panies may be furnished to States. Act June 20, 1874, c. 328, § 1. 218. Collecting flags, etc. Additional compensation and employ- 219. Purchase and transportation of ment of persons other than those supplies. authorized prohibited. 220. Transportation of troops, etc. Act Aug. 5, 1882, c. 389, § 1. 221-223. [Superseded.] Skilled draughtsmen, civil engineers, 224. Loss of certificate of discharge. and other employés in office of 225. Power to administer oaths. Chief of Engineers. 226. Surplus charts may be sold. Act May 9, 1892, c. 62. 227. Surplus maps and publications of Record and Pension Office. Signal-Office. 216. Management of military affairs. 228. Report of unexpended balances to Act April 20, 1874, c. 117. Congress. 1. Inspection of disbursements by dis- 229. Annual statement of [expenditure bursing officers of Army. of contingent funds]. 2. Reports of inspections of disburse- 230. Report of bids for works. ments. 231. Report of examinations of river Act Aug. 18, 1894, c. 301, § 1. and harbor improvements. Acceptance of donations of land. Act Feb. 21, 1891, c. 252. 217. Custody of the departmental rec- 1. Shipping statistics to be furnished ords and property. where river and harbor improve- Act March 2, 1889, c. 410, $ 1. ments are carried on. Pay-rolls of volunteer forces. 2. Failure to furnish statistics. 232. Abstract of returns of adjutants- general of States. Sec. 214. Establishment of the Department of War. There shall be at the seat of Government an Executive Department to be known as the Department of War, and a Secretary of War, who shall be the head thereof. Act Aug. 7, 1789, c. 7, § 1, 1 Stat. 49. (109) 110 (Secs. 214-215 Tit. 6—DEPARTMENT OF WAR. ACT AUG. 5, 1882, c. 389, $ 1. Commanding general of Army or chief of bureau may perform duties of Secretary of War. That the President may authorize and direct the commanding gen- eral of the Army or the chief of any military bureau of the War De- partment to perform the duties of the Secretary of War under the provisions of section one hundred and seventy-nine of the Revised Statutes, and section twelve hundred and twenty-two of the Revised Statutes shall not be held or taken to apply to the officer so designat- ed by reason of his temporarily performing such duties. Act Aug. 5, 1882, c. 389, § 1, 22 Stat. 238. Rev. St. $ 179, referred to in this section, empowers the President, in case of the death, resignation, absence, or sickness of the head of 'any Department, except the Attorney-General, to authorize the head of any other Department, or any other officer in either Department, whose appointment is vested in the President, by and with the advice and consent of the Senate, to perform temporarily the duties of the vacant office. Rev. St. $ 1222, also referred to in this section, provides that no officer of the Army on the active list shall hold any civil office. ACT MARCH 5, 1890, c. 26. An Act Providing for an Assistant Secretary of War. (26 Stat. 17.) Assistant Secretary of War. Be it enacted, &c., That there shall be in the Department of War an Assistant Secretary of War, who shall be appointed by the Presi- dent, by and with the advice and consent of the Senate, and shall be entitled to a salary of four thousand five hundred dollars a year, pay- able monthly, and who shall perform such duties in the Department of War as shall be prescribed by the Secretary or may be required by law. Act March 5, 1890, c. 26, 26 Stat. 17. Provisions applicable to all the Departments, that, in case of the death, resignation, absence, or sickness of the head of a Department, the duties of the office may be performed, temporarily, by the assist- ant, are contained in Rev. St. 8 177. Sec. 215. [As amended 1877.] Subordinate officers. There shall be in the Department of War: One chief clerk of the Department, at a salary of two thousand five hundred dollars a year. One disbursing clerk. One superintendent of the War Department building, at a salary of two hundred and fifty dollars a year. In the office of the Adjutant-General: One chief clerk, at a salary of two thousand dollars a year. In the office of the Quartermaster-General: One chief clerk, at a salary of two thousand dollars a year. One superintendent of the building, at a salary of two hundred dol- lars a year. Sec. 215) 111 Tit. 6—DEPARTMENT OF WAR. In the office of the Paymaster-General: One chief clerk, at a salary of two thousand dollars a year. One superintendent of the building occupied by the Paymaster- General, at a salary of two hundred and fifty dollars a year. In the office of the Commissary-General: One chief clerk, at a salary of two thousand dollars a year. One superintendent of building at corner of Seventeenth and F streets, at a salary of two hundred and fifty dollars a year. In the office of the Surgeon-General: One chief clerk, at a salary of two thousand dollars a year. In the office of the Chief of Engineers : One chief clerk, at a salary of two thousand dollars a year. In the office of the Chief of Ordnance: One chief clerk, at a salary of two thousand dollars a year. In the office of Military Justice: One chief clerk, at a salary of two thousand dollars a year. There shall be in the said Department an inferior officer, to be ap- pointed by the said principal officer to be employed therein as he shall deem proper, and to be called the chief clerk in the Department of War, and who, whenever the said principal officer shall be removed from office by the President of the United States, or in any other case of vacancy, shall during such vacancy, have the charge and custody of all records, books, and papers, appertaining to the said Depart- ment. Act March 3, 1853, c. 97, § 3, 10 Stat. 209. Act June 20, 1874, c. 328, 18 Stat. 101. Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 241. The amendment of this section by Act Feb. 27, 1877, c. 69, § 1, consists in the addition, at the end of the section, of the paragraph providing for a chief clerk in the Department and his duties in case of vacancy in the office of head of the Department. This section enumerates the subordinate officers in the Department, and their salaries, at the time of the enactment of the Revised Stat- utes, as autnorized by the then existing statutes, cited above. But the officers, clerks, and others actually appointed or employed, and their respective salaries and other compensation, depend on the spe- cific provisions made in the annual appropriation acts, each providing for the fiscal year next following; the employment or payment of others being forbidden by Act Aug. 5, 1882, c. 389, § 4, ante, under Rev. St. § 169. Subsequent appropriation acts provide for officers and clerks and for salaries different from those fixed by the above section. The appropriations for the year ending June 30, 1902, are contained in the legislative, executive, and judicial appropriation act of March 3, 1901, c. 830, § 1, 31 Stat. 988–990. A provision of the army appropriation act of June 23, 1879, c. 35, § 3, 21 Stat. 34, as to the pay, etc., of the Examiner of State Claims in the Oflice of the Secretary of War, authorized by Rev. St. $ 349, was repealed by Act June 30, 1882, c. 254, § 1, 22 Stat. 118. Provisions applicable to all the Departments, relating to the em- ployment of clerks and others, are contained in Rev. St. $ 169, and Act Aug. 5, 1882, c. 389, $ 4, under that section. Provisions applicable to all the Departments, relating to the duties of chief clerks and disbursing clerks, are contained in Rev. St. 88 173, 174, 176, and the statutes collected under those sections. Other special provisions relating to the chief clerk and to other clerks and employés in the Department are set forth below. 112 (Sec. 215 Tit. 6— DEPARTMENT OF WAR. ACT MARCH 4, 1874, c. 44. An Act Authorizing the Chief Clerk of the War Department to Sign Requisitions on the Treasury during the Temporary Ab- sence of the Secretary of War. (18 Stat. 19.) Chief clerk may sign papers instead of Secretary of War. Be it enacted, &c., That when, from illness or other cause, the Secretary of War is temporarily absent from the War Department, he may authorize the chief clerk of the Department to sign requisi- tions upon the Treasury Department, and other papers requiring the signature of said Secretary; the same, when signed by the chief clerk during such temporary absence, to be of the same force and effect as if signed by the Secretary of War himself. Act March 4, 1874, c. 44, 18 Stat. 19. This act may be regarded as practically superseded by Act March 5, 1890, c. 26, ante, under Rev. St. $ 214, providing for an Assistant Secretary of War, who, by Rev. St. 8 177, is authorized, in the ab- sence of the head of the Department, to perform the duties of the office. Requisitions on the Treasury for the use of the War Department are provided for by Rev. St. $ 3673. ACT JUNE 20, 1874, c. 328, § 1. Additional compensation and employment of persons other than those authorized prohibited. Hereafter it shall be unlawful to allow or pay to any of the persons designated in this act any additional compensation from any source whatever, or to retain, detail, or employ in any branch of the War Department in the city of Washington any persons other than those herein authorized except in the Signal-Offices and the Engineer Corps, and except such commissioned officers as the Secretary of War may, from time to time, assign to special duties : * * Act June 20, 1874, c. 328, § 1, 18 Stat. 101. This provision of the legislative, executive, and judicial appropria- tion act of 1874 is annexed to the appropriations thereby made for compensation of officers, clerks, and other employés in the War De- partment for the year next following. The numbers and salaries of clerks, employés, etc., fixed by that act, may be regarded as super- seded by similar appropriations in subsequent years, providing for dif- ferent numbers and amounts of compensation, and by Act Aug. 5, 1882, c. 389, $ 4, ante, under Rev. St. $ 169, which limits the officers, clerks, and other employés in the Departments to those specifically provided for in the appropriations for each year. ACT AUG. 5, 1882, c. 389, § 1. Skilled draftsmen, civil engineers, and other employés in office of Chief of Engineers. And the services of skilled draughtsmen, civil engineers, and such other services as the Secretary of War may deem necessary may be employed in the office of the Chief of Engineers to carry into effect the various appropriations for rivers and harbors, fortifications, and surveys for military defenses, to be paid from such appropriations: Provided, * that the Secretary of War shall each year, in the * Sec. 215) 113 Tit. 6— DEPARTMENT OF WAR. . annual estimates, report to Congress the number of persons so em- ployed and the amount paid to each. Act Aug. 5, 1882, c. 389, § 1, 22 Stat. 240. This is a provision of the legislative, executive, and judicial appro- priation act of 1882. Similar provisions are repeated in the subse- quent annual appropriation acts; usually with a proviso limiting the amount to be expended on this account in the particular year. The later acts omit the words "for military defenses" after the word "sur- veys.” Act March 3, 1883, c. 128, 22. Stat. 552. Act July 7, 1884, c. 331, 23 Stat. 181. Act March 3, 1885, c. 343, 23 Stat. 412. Act July 31, 1886, c. 827, 24 Stat. 195. Act March 3, 1887, c. 392, 24 Stat. 617. Act July 11, 1888, c. 615, 25 Stat. 280. Act Feb. 26, 1889, c. 279, 25 Stat. 730. Act July 11, 1890, c. 667, 26 Stat. 252. Act March 3, 1891, c. 541, 26 Stat. 932. Act July 16, 1892, c. 196, 27 Stat. 208. Act March 3, 1893, c. 211, 27 Stat. 699. Act July 31, 1894, c. 174, 28 Stat. 188. Act March 2, 1895, c. 177, 28 Stat. 789. Act May 28, 1896, c. 252, 29 Stat. 163. Act Feb. 19, 1897, c. 265, 29 Stat. 562. Act March 15, 1898, c. 68, 30 Stat. 300. Act Feb. 24, 1899, c. 187, 30 Stat. 872. Act April 17, 1900, c. 192, 31 Stat. 115. Act March 3, 1901, c. 830, 31 Stat. 990. The persons employed under these provisions are thus exempted from the operation of Act Aug. 5, 1882, c. 389, § 4, ante, under Rev. St. $ 169, restricting the employment of clerks and others in the Depart- ments to the number and compensation for which specific provision is made in the appropriation acts. Similar provisions for employment of skilled draftsmen, civil en- gineers, etc., in the office of the Supervising Architect in the Treasury Department, are referred to post, under Rev. St. § 235. ACT MAY 9, 1892, c. 62. An Act to Provide for the Permanent Preservation and Custody of the Records of the Volunteer Armies and for Other Purposes. (27 Stat. 27.) Record and Pension Office. Be it enacted, &c., That the division organized by the Secretary of War in his office for the preservation and custody of the records of the volunteer armies under the name of the record and pension divi- sion is hereby established as now organized, and shall hereafter be known as the Record and Pension Office of the War Department; and the President is hereby authorized to select an officer of the Army whom he may consider to be especially well qualified for the performance of the duties hereinafter specified and, by and with the advice and consent of the Senate, to appoint him in the Army to be chief of said office, who shall have the rank, pay, and allowances of a colonel, and shall , under the Secretary of War, have charge of the military and hospital records of the volunteer armies and the pension and other business of the War Department connected therewith; and all laws or parts of laws inconsistent with the terms of this act are hereby repealed. Act May 9, 1892, c. 62, 27 Stat. 27. Further provisions relating to the rank, pay, and allowances of the chief of the office, and for an assistant chief, were made by Act March 2, 1899, c. 352, $ 8, 30 Stat. 979, and those officers were continued as part of the Army by section 1 of that act, and were excepted from its requirements relative to the reduction of the Army on July 1, LAWS '01-8 114 (Secs. 215-216 Tit. 6-DEPARTMENT OF WAR. 1901, by a provision of Act March 3, 1899, c. 423, § 1, 30 Stat. 1067. All these provisions relating to the rank, etc., of these officers are superseded by Act Feb. 2, 1901, c. 192, § 25, post, following Rev. St. $ 1094, which provides that the officers of the Record and Pension Office shall be a chief, with the rank of brigadier general, and an assistant chief, with the rank of major: provided, that any person afterwards appointed chief shall have the rank of colonel. Provisions for the transfer of records of the volunteer forces, and of the Revolution and the War of 1812, from other Departments, are collected post, under Rev. St. § 217. Sec. 216. Management of military affairs. The Secretary of War shall perform such duties as shall from time to time be enjoined on or intrusted to him by the President relative to military commissions, the military forces, the warlike stores of the United States, or to other matters respecting military affairs; and he shall conduct the business of the Department in such manner as the President shall direct. Act Aug. 7, 1789, c. 7, § 1, 1 Stat. 49. Provisions applicable to the War Department with other Depart- ments, requiring commissions of all officers under direction and con- trol of the Secretary to be made out and recorded in the Department, and the Department seal affixed thereto, are contained in Act March 28, 1896, c. 73, § 1, ante, under Rev. St. $ 182. Provisions for inspection of disbursements by officers of the Army are contained in Act April 20, 1874, c. 117, set forth below. General provisions for the submission by the heads of Departments to Congress of estimates of expenditures and appropriations are contained in Rev. St. 88 3660–3666, 3669, and the statutes collected under those sections. ACT APRIL 20, 1874, c. 117. An Act to Provide for the Inspection of the Disbursements of Ap- propriations made by Officers of the Army. (18 Stat. 33.) Inspection of disbursements by disbursing officers of Army. Be it enacted, &c., That it shall be the duty of the Secretary of War to cause frequent inquiries to be made as to the necessity, economy, and propriety of all disbursements made by disbursing officers of the Army, and as to their strict conformity to the law appropriating the money; also to ascertain whether the disbursing officers of the Army comply with the law in keeping their accounts and making their deposits; such inquiries to be made by officers of the inspection department of the Army, or others detailed for that purpose: Pro- vided, That no officer so detailed shall be in any way connected with the department or corps making the disbursement. Act April 20, 1874, c. 117, § 1, 18 Stat. 33. Reports of inspections of disbursements. Sec. 2. That the reports of such inspections shall be made out and forwarded to Congress with the annual report of the Secretary of War. Act April 20, 1874, c. 117, § 2, 18 Stat. 33. Provisions applicable to all the Departments as to reports of expendi- Secs. 216-217) 115 Tit. 6— DEPARTMENT OF WAR. tures by disbursing officers are contained in Rev. St. $ 193, and Act March 3, 1877, c. 102, § 1, under that section. ACT AUG. 18, 1894, c. 301, § 1. Acceptance of donations of land. And the Secretary of War is hereby authorized to accept on be- half of the United States donations of land for road or other pur- poses. Act Aug. 18, 1894, c. 301, § 1, 28 Stat. 405. A similar provision, authorizing acceptance of donations for road purposes, was contained in the sundry civil appropriation act of March 3, 1893, c. 208, § 1, 27 Stat. 599, annexed to an appropriation for the Chickamauga and Chattanooga National Park. This provision is an- nexed to a similar appropriation for the Gettysburg battlefield, in the sundry civil appropriation act for the fiscal year ending June 30, 1895. Although the appropriations are local and temporary, this provision is in form general and permanent. Sec. 217. Custody of the departmental records and property. The Secretary of War shall have the custody and charge of all the books, records, papers, furniture, fixtures, and other property appertaining to the Department. Act Aug. 7, 1789, c. 7, 88 2, 4, 1 Stat. 50. The Secretary of War is authorized to lease property under his con- trol, not required for public use, by a provision of Act July 28, 1892, c. 316, post, following Rev. St. $ 3751. The powers and duties of the Secretary of War in regard to the ac- quisition of sites for fortifications and coast defenses are prescribed by provisions of Act Aug. 18, 1890, c. 797, post, under Title XLIII A, "Public Buildings and Works." ACT MARCH 2, 1889, c. 410, § 1. Pay-rolls of volunteer forces. That the Secretary of the Treasury is authorized to transfer and deliver to the Secretary of War, from time to time, as may be nec- essary, the pay-rolls of the volunteer forces during the late war, now on file in the office of the Second Auditor, in order to enable the Secretary of War to have the card-index records of the volun- teer forces in the late war made complete from all rolls, pay, mus- ter, and detached, morning and all other reports containing any information as to such soldiers, as to service, pay, bounty, and al- lowances of all kinds. Said rolls to be returned to the Treasury Department in the like condition in which received, unavoidable wear excepted. Act March 2, 1889, c. 410, § 1, 25 Stat. 912. ACT JULY 27, 1892, c. 267. An Act to Provide for the Collection, Custody, and Arrangement of the Military Records of the American Revolution and the War of Eighteen hundred and twelve. (27 Stat. 275.) Preamble. Whereas the military records of the American Revolution and 116 (Secs. 217–218 Tit. 6—DEPARTMENT OF WAR. of the war of eighteen hundred and twelve are now preserved in different Executive Departments of the Government and are not easily accessible; and Whereas it is important that they should be collected in one De- partment, where they could be easily consulted and properly indexed and arranged for use: Therefore, Records of Revolution and War of 1812 transferred from Treasury and Interior Departments. Be it enacted, &c., That the military records of the American Revolution and of the war of eighteen hundred and twelve, now preserved in the Treasury and Interior Departments, be transfer- red to the War Department, to be preserved in the Record and Pension Division of that Department, and that they shall be prop- erly indexed and arranged for use. Act July 27, 1892, c. 267, 27 Stat. 275. The Record and Pension Division of the War Department, referred to in this provision, was organized as the Record and Pension Office, by Act May 9, 1892, c. 62, ante, under Rev. St. $ 215. Further provision for the transfer of such records from any of the Departments is made by Act Aug. 18, 1894, c. 301, § 1, set forth be- low. ACT AUG. 18, 1894, c. 301, § 1. Records of Revolution and War of 1812 transferred from other De- partments. That all military records, such as muster and pay rolls, orders, and reports relating to the personnel or the operations of the armies of the Revolutionary war and of the war of eighteen hundred and twelve, now in any of the Executive Departments, shall be trans- ferred to the Secretary of War to be preserved, indexed and pre- pared for publication. Act Aug. 18, 1894, c. 301, § 1, 28 Stat. 403. ACT MARCH 2, 1895, c. 177, § 1. Military history of regiments or companies may be furnished to States. And the Secretary of War shall, upon the application of the Gov- ernor of any State, furnish to such Governor a transcript of the military history of any regiment or company of his State, under such regulations as the Secretary of War may prescribe, at the expense of such State. Act March 2, 1895, c. 177, § 1, 28 Stat. 788. Act May 28, 1896, c. 252, § 1, 29 Stat. 140. This is a provision of the legislative, executive, and judicial appro- priation act of 1895, repeated in the act of 1896. Sec. 218. Collecting flags, etc. The Secretary of War shall from time to time cause to be collected and transmitted to him, at the seat of Government, all such flags, Secs. 218-223) 117 Tit. 6—DEPARTMENT OF WAR. standards, and colors as are taken by the Army from the enemies of the United States. Act April 18, 1814, c. 78, § 1, 3 Stat. 133. A similar requirement of the Secretary of the Navy, as to flags, etc., taken by the Navy, is contained in Rev. St. § 428. Sec. 219. Purchase and transportation of supplies. The Secretary of War shall from time to time define and prescribe the kinds as well as the amount of supplies to be purchased by the Subsistence and Quartermaster Departments of the Army, and the duties and powers thereof respecting such purchases; and shall prescribe general regulations for the transportation of the articles of supply from the places of purchase to the several armies, gar- risons, posts, and recruiting places, for the safe-keeping of such articles, and for the distribution of an adequate and timely supply of the same to the regimental quartermasters, and to such other officers as may by virtue of such regulations be intrusted with the same; and shall fix and make reasonable allowances for the store- rent and storage necessary for the safe-keeping of all military stores and supplies. Act March 3, 1813, c. 48, § 5, 2 Stat. 817. Contracts for supplies or services for the military service are to be made by or under the direction of the chief officers of the War De- partment, and accounts are to be rendered for settlement to the ac- countant of the Department, by Rev. St. $ 3714. See note under that section. The Secretary of War is to prescribe regulations for bids for contracts under the War Department, by provisions of Act April 10, 1878, c. 58, and Act March 3, 1883, c. 120, post, under Rev. St. § 3717. Provisions for inspection of disbursements by officers of the Army are made by Act April 20, 1874, c. 117, ante, under Rev. St. $ 216. Sec. 220. Transportation of troops, etc. The transportation of troops, munitions of war, equipments, mil- itary property, and stores, throughout the United States, shall be under the immediate control and supervision of the Secretary of War and such agents as he may appoint. Act Jan. 31, 1862, c. 15, $ 4, 12 Stat. 334. Secs. 221-223. [Superseded. Act Oct. 1, 1890, c. 1266.] These sections required the Secretary of War to provide for meteoro- logical observations, for giving notice of storms, for signal stations and telegraph lines connecting them, etc. They are superseded by the transfer of the Weather Service to the Department of Agriculture by Act Oct. 1, 1890, c. 1266, and subsequent statutes, collected under Title XII, "The Department of Agriculture,” c. B. Provisions relating to the Signal Corps of the Army, as part of the military establishment, are collected under Title XIV, "The Army," c. 1. 118 (Secs. 224-226 Tit. 6-DEPARTMENT OF WAR. Sec. 224. Loss of certificate of discharge. Whenever satisfactory proof is furnished to the War Department that any non-commissioned officer or private soldier who served in the Army of the United States in the late war against the rebellion has lost his certificate of discharge, or the same has been destroyed without his privity or procurement, the Secretary of War shall be authorized to furnish, on request, to such non-commissioned officer or private a duplicate of such certificate of discharge, to be indelibly marked, so that it may be known as a duplicate; but such certificate shall not be accepted as a voucher for the payment of any claim against the United States for pay, bounty, or other allowance, or as evidence in any other case. Act March 3, 1873, c. 248, § 1, 17 Stat. 582. Sec. 225. [As amended 1877.] Power to administer oaths. The Secretary of War is authorized to detail one or more of the employés of the War Department for the purpose of administering the oaths required by law in the settlement of officers' accounts for clothing, camp and garrison equipage, quartermaster's stores, and ordnance, which oaths shall be administered without expense to the parties taking them. In settling the accounts of the commanding officer of a company for clothing and other military supplies, the affidavit of any such officer may be received to show the loss of vouchers or company books, or any matter or circumstance tending to prove that any apparent deficiency was occasioned by unavoid- able accident or lost in actual service, without any fault on his part, or that the whole or any part of such clothing and supplies had been properly and legally used and appropriated; and such affidavit may be considered as evidence to establish the facts set forth, with or without other evidence, as may seem to the Secretary of War just and proper under the circumstances of the case. Act March 3, 1865, c. 78, 825, 13 Stat. 491. Act Feb. 27, 1877, C. 69, § 1, 19 Stat. 241. The amendment of this section by Act Feb. 27, 1877, c. 69, § 1, cited above, consists in the addition of all the provisions as to affidavits of commanding officers of companies, which follow the words "parties taking them,” at the end of the first clause of the section. Provisions applicable to all the Departments, as to administration of oaths by officers and clerks, are contained in Rev. St. $ 183, and the statutes referred to under that section. Sec. 226. Surplus charts may be sold. Any surplus charts of the northwestern lakes may be sold to nav- igators upon such terms as the Secretary of War may prescribe. Act March 3, 1869, c. 52, § 1, 15 Stat. 301. Secs. 227–229) 119 Tit. 6—DEPARTMENT OF WAR. Sec. 227. Surplus maps and publications of Signal-Office. The Chief Signal-Officer may cause to be sold any surplus maps or publications of the Signal-Office, the money received therefor to be applied toward defraying the expenses of the signal-service; and an account of the same shall be rendered in each annual report of the Chief of the Signal-Service. Act March 3, 1873, c. 227, 17 Stat. 527. Sec. 228. Report of unexpended balances to Congress. The Secretary of War shall make an annual report to Congress containing a statement of the appropriations of the preceding fiscal year for the Department of War, showing the amount appropri- ated under each specific head of appropriation, the amount expended under each head, and the balance which, on the thirtieth day of June preceding such report, remained unexpended. Such reports shall be accompanied by estimates of the probable demands which may remain on each appropriation. Act May 1, 1820, c. 52, $ 2, 3 Stat. 567. Act April 20, 1874, c. 117, $ 2, 18 Stat. 33. Reports of inspections of disbursements by disbursing officers of the Army are required to be made with the annual report of the Secretary of War, by Act April 20, 1874, c. 117, $ 2, ante, under Rev. St. $ 216. Provisions applicable to all the Departments, relating to the time of making annual reports, and the time of furnishing copies thereof to the printer, are contained in Rev. St. $$ 195, 196. General provisions relating to the submission by the heads of Depart- ments to Congress of estimates of expenditures and appropriations are contained in Rev. St. 88 3660–3665, 3669, and the statutes collected under those sections. Sec. 229. [Repealed in part 1895.] Annual statement of [expenditure of contingent funds]. The Secretary of War shall lay before Congress, at the com- mencement of each regular session, a statement of the expenditure of the moneys appropriated for the contingent expenses of the mil- itary establishment. Act March 3, 1809, c. 28, § 5, 2 Stat. 536. Act March 2, 1895, c. 177, § 1, 28 Stat. 787. This section, as originally enacted, required the Secretary to lay be- fore Congress, at the commencement of each regular session, "a state- ment of all contracts for supplies or services which have been made by him or under his direction during the year preceding.” The Army ap- propriation act of July 5, 1884, c. 217, 8 1, 23 Stat. 109, also required the Quartermaster-General and the Commissary-General of Subsistence to report all purchases of supplies made by their Departments to the Secretary of War, for transmission to Congress annually. These re- quirements are expressly repealed by the legislative, executive, and judicial appropriation act of 1895, cited above. The powers and duties of the Secretary as to the purchase and trans- portation of supplies are prescribed by Rev. St. & 219. Provisions applicable to all the Departments, as to reports of expendi- 120 (Secs. 229-231 Tit. 6-DEPARTMENT OF WAR. ture of contingent funds, are contained in Rev. St. $ 193, and Act March 3, 1877, c. 102, § 1, under that section. Provisions applicable to all the Departments, as to the time of mak- ing annual reports, and the time of furnishing copies thereof to the printer, are contained in Rev. St. $8 195, 196. Sec. 230. Report of bids for works. Whenever the Secretary of War invites proposals for any works, or for any materials or labor for any work, he shall report to Con- gress, at its next session, all bids therefor, with the names of the bidders. Act June 23, 1866, c. 138, § 3, 14 Stat. 73. Provisions applicable to all the Departments, as to the time of mak- ing annual reports, and the time of furnishing copies thereof to the printer, are contained in Rev. St. $$ 195, 196. Estimates by the Secretary of War for river and harbor improve- ments are required by provisions of Act March 3, 1897, c. 208, and Act June 4, 1897, c. 2, § 1, post, following Rev. St. $ 3665. The duties of the Secretary of War in regard to contracts for works, or for material or labor therefor, or material for public improvements, are prescribed by Rev. St. $ 3717, and Act March 3, 1875, c. 133, § 2, following that section. Sec. 231. Report of examinations of river and harbor improvements. The Secretary of War shall cause to be prepared and submitted to Congress, in connection with the reports of examinations and surveys of rivers and harbors hereafter made by order of Congress, full statements of all existing facts tending to show to what ex- tent the general commerce of the country will be promoted by the several works of improvements contemplated by such examinations and surveys, to the end that public moneys shall not be applied ex- cepting where such improvements shall tend to subserve the general commercial and navigation interests of the United States. Res. July 27, 1868, No. 76, 15 Stat. 262. Provisions applicable to all the Departments, as to the time of mak- ing annual reports, and the time of furnishing copies thereof to the printer, are contained in Rev. St. SS 195, 196. The appropriation acts of June 23, 1866, c. 138, § 2, 14 Stat. 73, and March 2, 1867, c. 144, § 2, 14 Stat. 421, required the Secretary of War, in his annual reports on the river and harbor improvements appropriated for in those acts, to "state in what collection district each work is located, and at or near what port of entry, light-house, or fort ['port' in the act of 1867]; what amount of revenue was collected at the nearest port of entry for the last fiscal year, and, as far as practicable, what amount of commerce and navigation would be benefited by the completion of each particular work." These provisions were not in- cluded in the Revised Statutes, probably because they were regarded as temporary, and limited to the improvements appropriated for. But they appear to be recognized as in force in the title of Act Feb. 21, 1891, c. 252, set forth below. Secs. 231-232) 121 Tit. 6— DEPARTMENT OF WAR. ACT FEB. 21, 1891, c. 252. An Act to Facilitate the Collection of Commercial Statistics Re- quired by Section Two of the River and Harbor Appropriation Acts of Eighteen hundred and sixty-six and Eighteen hundred and sixty-seven. (26 Stat. 766.) Shipping statistics to be furnished where river and harbor improve- ments are carried on. Be it enacted, &c., That owners, agents, masters, and clerks of vessels arriving at or departing from localities where works of river and harbor improvement are carried on shall furnish, on applica- tion of the persons in local charge of the works, a comprehensive statement of vessels, passengers, freight, and tonnage. Failure to furnish statistics. Sec. 2. That every person or persons offending against the pro- visions of this act shall, for each and every offense, be liable to a fine of one hundred dollars, or imprisonment not exceeding two months, to be enforced in any district court in the United States within whose territorial jurisdiction such offense may have been coinmitted. Act Feb. 21, 1891, c. 252, 26 Stat. 766. Sec. 232. Abstract of returns of adjutants-general of States. The Secretary of War shall lay before Congress, on or before the first Monday in February of each year, an abstract of the re- turns of the adjutants-general of the several States of the militia thereof. Act March 2, 1803, c. 15, § 1, 2 Stat. 207. Provisions as to returns, by the adjutant-general of each State, of the militia thereof, to the President, are contained in Rev. St. & 1636. TITLE VII. THE DEPARTMENT OF THE TREASURY. Chap. 1. The Department..... 2. The Secretary of the Treasury. 3. The Comptrollers.. 4. The Auditors 5. The Treasurer. 6. The Register.... 7. The Commissioner of Customs. 8. The Commissioner of Internal Revenue. 9. The Comptroller of the Currency.. 10. The Bureau of Statistics... 11. Bureau of the Mint..... [11A. Bureau of Navigation]. Sec. 233 245 268 276 301 312 316 319 324 334 343 Page 122 135 147 152 179 183 185 186 188 191 197 198 - CHAPTER ONE. The Department. Sec. Sec. 233. Establishment of the Department Act July 31, 1894, c. 174, $ 10. of the Treasury. Division of Bookkeeping and War- 234. Assistant Secretaries. rants. Act July 11, 1890, c. 667, § 1. Act June 4, 1897, c. 2, $ 1. Additional Assistant Secretary. Librarian for Department. 235. [Superseded.] Act March 14, 1900, c. 41, § 4. Act March 3, 1875, c. 130, $ 2. Divisions of Issue and of Redemp- Organization of Department, offices, tion. and salaries. Act June 6, 1900, c. 791, $ 1. Act Aug. 15, 1876, c. 287, 8 1. Detail of officer employed in enforce- Divisions of Loans and of Currency ment of Chinese exclusion acts for consolidated. duty at Department. Act Aug. 5, 1882, c. 389, § 1. Act March 3, 1901, c. 853, § 1. Skilled draughtsmen, civil engineers, Detail of officer employed in enforce- and other employés in Office of Su- ment of alien contract-labor laws for pervising Architect. duty at Department. Detail of officers for duty at Depart- 236. Public accounts to be settled in ment. the Department of the Treas- Act Feb. 26, 1889, c. 279, § 1. ury. Detail of officers of Revenue Marine 237. Commencement of the fiscal year. Service for duty at Department. 238. Commissions of officers employed Act July 31, 1894, c. 174, $ 1. in collecting revenues. Law clerks in offices of Comptroller 239. Accounts of receipts of internal and Auditors. revenue. (122) Secs. 233-234) 123 Tit. 7- DEPARTMENT OF THE TREASURY—Ch. 1. Sec. Sec. 240. Accounts of expenditures for con- Act July 16, 1894, c. 137, 8 4. tingent expenses. Destruction of Money Order State- Act June 4, 1897, c. 2, § 1. ments and paid Money Orders in Appropriations for Bureau of Engrav- office of Auditor for Post-Office De- ing and Printing not to be held as partment. for contingent expenses. Act March 15, 1898, c. 68, $ 10. 241. Accounts of expenditures for furni- Destruction of records in office of ture and repairs. Auditor for Post-Office Department. Act Aug. 5, 1882, c. 389, $ 1. 242. Temporary clerks. Accumulation of useless papers in of- 243. Restrictions upon officers of the fice of Auditor for Post-Office De- Department. partment. 244. Restrictions upon clerks in the Department. Sec. 233. Establishment of the Department of the Treasury. There shall be at the seat of Government an Executive Depart- ment to be known as the Department of the Treasury, and a Sec- retary of the Treasury, who shall be the head thereof. Act Sept. 2, 1789, c. 12, § 1, 1 Stat. 65. Sec. 234. Assistant Secretaries. There shall be in the Department of the Treasury two Assistant Secretaries of the Treasury, who shall be appointed by the Presi- dent, by and with the advice and consent of the Senate, and shall each be entitled to a salary of six thousand dollars a year, to be paid monthly. Act March 3, 1849, c. 108, § 13, 9 Stat. 396. Act March 3, 1857, c. 107, § 5, 11 Stat. 220. Act March 14, 1864, c. 30, $ 3, 13 Stat. 26. Act March 3, 1873, c. 226, 17 Stat. 486. Act Jan. 20, 1874, c. 11, 18 Stat. 4. Provisions applicable to all the Departments, that, in case of the death, resignation, absence, or sickness of the head of the Department, the duties of the office may be performed, temporarily, by the assist- ant, are contained in Rev. St. $ 177. The salaries of the Assistant Secretaries were reduced to $4,500 each by the repeal, by Act Jan. 20, 1874, c. 11, ante, under Rev. St. $ 35, of the increase from that amount to $6,000, by Act March 3, 1873, c. 226, § 1, incorporated in this section. And their salaries are fixed at $4,500 by the provisions of Act March 3, 1875, c. 130, $ 2, relating to the organization of the Department and offices and salaries therein, post, un- der Rev. St. § 235. The appointment of an additional Assistant Secretary was author- ized by a provision of the legislative, executive, and judicial appropria- tion act of 1890, set forth below. ACT JULY 11, 1890, c. 667, $ 1. Additional Assistant Secretary. For an additional Assistant Secretary of the Treasury to be ap- pointed by the President, by and with the advice and consent of the Senate, who shall receive a compensation at the rate of four thou- sand five hundred dollars per annum. Act July 11, 1890, c. 667, § 1, 26 Stat. 236. * * 124 (Sec. 235 Tit. 7— DEPARTMENT OF THE TREASURY—Ch. 1. Sec. 235. [Superseded. Act March 3, 1875, C. 130, § 2.] This section enumerated the subordinate officers in the Department and their salaries at the time of the enactment of the Revised Statutes, as authorized by the statutes then existing. The organization of the Department, the offices thereof, and salaries therein, were provided for more comprehensively, and additional officers, deputies, etc, author- ized, by the provisions of the sundry civil appropriation act of 1875, set forth below. ACT MARCH 3, 1875, c. 130, $ 2. * * * Organization of Department, offices, and salaries. That on and after July first, eighteen hundred and seventy-five, the organization of the Treasury Department, and the several of- fices thereof, and the annual salaries paid to the persons therein, shall be as follows, to wit: In the office of the Secretary of the Treasury: The Secretary, eight thousand dollars; two assistant secretaries, at four thousand five hundred dollars each; In the Construction Branch of the Treasury :- Supervising Architect, four thousand five hundred dollars; In the Office of the First Comptroller :- The First Comptroller of the Treasury, five thousand dollars; deputy comptroller, two thousand eight hundred dollars; In the Office of the Second Comptroller :- The Second Comptroller, five thousand dollars; deputy comp- troller, two thousand eight hundred dollars, In the Office of the Commissioner of Customs :- The Commissioner of Customs, four thousand five hundred dol- lars; deputy commissioner, two thousand five hundred dollars ; In the Office of the First Auditor :- The First Auditor of the Treasury, four thousand dollars; deputy auditor, two thousand five hundred dollars; In the Office of the Second Auditor :- The Second Auditor of the Treasury, four thousand dollars; deputy auditor, two thousand five hundred dollars; * * In the Office of the Third Auditor :- The Third Auditor of the Treasury, four thousand dollars; deputy auditor, two thousand five hundred dollars; * * In the Office of the Fourth Auditor :- The Fourth Auditor of the Treasury, four thousand dollars; dep- uty auditor, two thousand five hundred dollars; * In the Office of the Fifth Auditor :- The Fifth Auditor of the Treasury, four thousand dollars; deputy auditor, two thousand five hundred dollars ; In the Office of the Auditor of the Treasury for the Post Office Department: The Auditor of the Treasury for the Post Office Department, four thousand dollars; deputy auditor, two thousand five hundred dol- lars; * * * Sec. 235) Tit. 7—DEPARTMENT OF THE TREASURY—Ch. 1. 125 In the Office of the Register: The Register of the Treasury, four thousand five hundred dollars; one assistant register and one deputy register, at two thousand five hundred dollars each; In the Office of the Treasurer: The Treasurer of the United States, six thousand five hundred dollars; assistant treasurer, three thousand eight hundred dollars; * In the Office of the Light House Board: The chief clerk of the Light House Board, two thousand five hun- dred dollars; * In the Office of the Comptroller of the Currency: The Comptroller of the Currency, five thousand dollars; deputy comptroller, three thousand dollars ; . * In the Office of the Commissioner of Internal Revenue: The Commissioner of Internal Revenue, six thousand dollars; dep- uty commissioner, three thousand five hundred dollars; one deputy Commissioner, at three thousand dollars ; * In the Office of the Secretary of the Treasury: That there shall be in the Office of the Secretary of the Treasury a Division of Loans and a Division of Currency, with the following employees: * * That the duties heretofore prescribed by law and performed by the chief clerks in the several Bureaus named shall hereafter de- volve upon, and be performed by, the several deputy comptrollers, deputy auditors, deputy register, and deputy commissioner herein named: Provided, That on and after January first, eighteen hun- dred and seventy-six, the appointments of this Department shall be so arranged as to be equally distributed between the several States of the United States, Territories, and the District of Columbia, ac- cording to population. Act March 3, 1875, c. 130, $ 2, 18 Stat. 396. Besides the officers specified above, provision is made, in the clauses omitted, for numerous chief clerks, chiefs of division, disbursing clerks, and clerks of different classes and other employés. But the officers, clerks, and others, actually appointed or employed, and their re- spective salaries and other compensation, depend on the specific provi- sions made in the annual appropriation acts, each providing for the fiscal year next following; the employment or payment of others being forbidden by Act Aug. 5, 1882, c. 389, § 4, ante, under Rev. St. $ 169. Subsequent appropriation acts provide for officers, clerks, and employés, and for salaries different from those fixed by this section; so that the portions thereof omitted, at least, may be regarded as superseded. The appropriations for the year ending June 30, 1902, are contained in the legislative, executive, and judicial appropriation act of March 3, 1901, c. 830, § 1, 31 Stat. 973-981. No appropriation for a Deputy Register is made by the legislative, executive, and judicial appropriation act of the same date as the above enactment, Act March 3, 1875, c. 129, 18 Stat. 351, or by any subse- quent appropriation act; but appropriations have been made regularly for an Assistant Register. The office of Assistant Register is au- thorized by Rev. St. $8 314, 315. In the office of the Commissioner of Internal Revenue, Rev. St. S 235 provided for “two Deputy Commissioners," at $3,000 a year each, “to be employed under the direction of the Secretary of the Treas- 126 Tit. 7—DEPARTMENT OF THE TREASURY—Ch. 1. (Sec. 235 ury,” and Rev. St. § 322 provided for "a Deputy Commissioner of Internal Revenue, who shall be appointed by the President, by and with the consent of the Senate," at $3,500 a year; the appropriations for several years preceding the enactment of the Revised Statutes hav- ing made provisions for three Deputy Commissioners, one at $3,500 and two at $3,000. But Act Jan. 29, 1874, c. 18, 18 Stat. 6, entitled . . "An Act to Abolish the Office of Deputy Commissioner of Internal Revenue," enacted “that the office of Deputy Commissioner of Internal Revenue, made vacant by the death of General B. J. Sweet, be, and the same is hereby, abolished; and that the Secretary of the Treasury may, upon the recommendation of the Commissioner of Internal Rev- enue, designate one of the two remaining deputy commissioners as First Deputy Commissioner, who shall perform the duties and be paid only the salary prescribed for the office of deputy commissioner hereby abolished.” The appropriations for the two subsequent years provided for one Deputy Commissioner at $3,500 and one at $3,000, not designat- ing either as First Deputy Commissioner, Act June 20, 1874, c. 328, $ 1, 18 Stat. 92, and Act March 3, 1875, c. 128, § 1, 18 Stat. 351. The section set forth above, which may be regarded as superseding all these provisions as well as those of the Revised Statutes, provides for a "Deputy Commissioner," $3,500, and “one Deputy Commissioner," at $3,000. But the appropriation by Act Aug. 15, 1876, c. 287, § 1, 19 Stat. 151, was for but one Deputy Commissioner, $3,200, and this continued unchanged, except increase of salary, until 1900. In 1900 and 1901 the appropriations are for a Deputy Commissioner, $4,000, and an addition- al Deputy Commissioner during the fiscal year, $3,600. The appropria- tion for the year ending June 30, 1902, is by Act March 3, 1901, c. 830, § 1, 31 Stat. 978. Subsequent provisions greatly affecting the organization of the De- partment, and the offices and salaries therein, changing the designations of offices, and adding to and modifying their duties and powers, abolish- ing certain offices, and transferring their duties and powers to others, and changing the system of accounting, are contained in the legislative, executive, and judicial appropriation act of July 31, 1894, c. 174, 88 3–23, which are set forth below, or under the subsequent chapters of this title which relate to the offices or bureaus particularly affected, and the sections thereof relating to particular officers, their salaries, powers, and duties. Subsequent provisions relating to the divisions of loans and of cur- rency established by the above section, and other divisions in various offices in the Department, are set forth below. A provision similar to the proviso to the above section, as to appor- tionment of appointments under the rules of the Civil Service Commis- sion, applicable to all the Departments, is contained in the act to reg. ulate and improve the civil service of Jan. 16, 1883, c. 27, § 2, post, under Rev. St. 8 1790. The powers and duties of the Supervising Architect in regard to public buildings under the control of the Treasury Department are prescribed by various provisions collected under Title XLIII A, “Public Buildings and Works." A Solicitor of the Treasury and Assistant Solicitor of the Treasury, in the Department of Justice, are provided for by Rev. St. $ 319; and the powers, functions, and duties of the Solicitor of the Treasury are prescribed by Rev. St. $$ 372-380. Provisions applicable to all the Departments, as to the employment of clerks and others, are contained in Rev. St. $ 169, and Act Aug. 5, 1882, c. 389, § 4, under that section. Provisions applicable to all the Departments, as to the duties of chief clerks and disbursing clerks, are contained in Rev. St. 88 173, 174, 176, and the statutes collected under those sections. Other special provisions relating to the clerks and employés in the De- partment are set forth below. Sec. 235) Tit. 7—DEPARTMENT OF THE TREASURY-Ch. 1. 127 ACT AUG. 15, 1876, c. 287, § 1. Divisions of Loans and of Currency consolidated. And the Secretary of the Treasury is hereby directed to consol- idate the division of loans and the division of currency into one divi- sion; and all work now done in either division shall be done in the consolidated division; Act Aug. 15, 1876, c. 287, § 1, 19 Stat. 149. * ACT AUG. 5, 1882, c. 389, § 1. Skilled draughtsmen, civil engineers, and other employés in Office of Supervising Architect. And the services of skilled draughtsmen, civil engineers, com- puters, accountants, modelers, assistants to the Photographer, copy- ists, and such other services as the Secretary of the Treasury may deem necessary, may be employed in the Office of the Supervising Architect to carry into effect the various appropriations for public * buildings, to be paid for from such appropriations: Provided, * that the Secretary of the Treasury shall each year in the annual esti- mates report to Congress the number of persons so employed and the amount paid to each. Act Aug. 5, 1882, c. 389, § 1, 22 Stat. 226. This is a provision of the legislative, executive, and judicial appropria- tion act of 1882. Similar provisions, with some variation in language, are repeated in the subsequent annual appropriation acts; usually with a proviso limiting the amount to be expended on this account in the par- ticular year. Act March 3, 1883, c. 128, 22 Stat. 539. Act July 7, 1884, c. 331, 23 Stat. 168. Act March 3, 1885, c. 343, 23 Stat. 398. Act July 31, 1886, c. 827, 24 Stat. 181. Act March 3, 1887, c. 392, 24 Stat. 603, 604. Act July 11, 1888, c. 615, 25 Stat. 265, 266. Act Feb. 26, 1889, c. 279, 25 Stat. 715. Act July 11, 1890, c. 667, 26 Stat. 238. Act March 3, 1891, c. 541, 26 Stat. 918. Act July 16, 1892, c. 196, 27 Stat. 193. Act March 3, 1893, c. 211, 27 Stat. 685. Act July 31, 1894, c. 174, 28 Stat. 172. Act March 2, 1895, c. 177, 28 Stat. 775. Act May 28, 1896, c. 252, 29 Stat. 150. Act Feb. 19, 1897, c. 265, 29 Stat. 549, 550. Act March 15, 1898, c. 68, 30 Stat. 287, 288. Act Feb. 24, 1899, c. 187, 30 Stat. 858. Act April 17, 1900, c. 14, 31 Stat. 100. The provision in the appropriation for the year ending June 30, 1902, by Act March 3, 1901, c. 830, 31 Stat. 975, is as follows: "And the services of skilled draftsmen, civil engineers, computers, accountants, assistants to the photographer, copyists, and such other services as the Secretary of the Treasury may deem necessary and spe- cially order, may be employed in the office of the Supervising Architect exclusively to carry into effect the various appropriations for public buildings, to be paid for from and equitably charged against such appro- priations: Provided, That the expenditures on this account for the fiscal year ending June thirtieth, nineteen hundred and two, shall not exceed two hundred and fifty thousand dollars; and that the Secretary of the Treasury shall each year in the annual estimates report to Congress the number of persons so employed and the amount paid to each.” The persons employed under these provisions are thus exempted from the operation of Act Aug. 5, 1882, c. 389, § 4, ante, under Rev. St. § 169, restricting the employment of clerks and others in the Depart- ments to the number and compensation for which specific provision is made in the appropriation acts. Similar provisions for employment of skilled draughtsmen, civil engi- neers, etc., in the Office of the Chief of Engineers in the War Depart- ment, are referred to ante, under Rev. St. $ 215. 128 (Sec. 235 Tit. 7—DEPARTMENT OF THE TREASURY-Ch. 1. Detail of officers for duty at Department. * And nothing in section four of this act shall be construed to prevent the Secretary of the Treasury from detailing one officer of the Revenue Marine Service for duty in the Office of the Life-Saving Service, and one officer from the Special Agency Service, and one from the Customs Service, respectively, for duty at the Treasury Department at Washington, nor to prevent the Commissioner of Internal Revenue from detailing one revenue agent for duty in his office. Act Aug. 5, 1882, c. 389, § 1, 22 Stat. 229. Section 4 of the same act, referred to in the above provision, restricts the employment of clerks and others in the Departments to those for whom specific provision is made in the appropriation acts. A subsequent provision authorizing such detailing of not exceeding two officers of the Revenue Marine Service is set forth below. ACT FEB. 26, 1889, c. 279, $ 1. Detail of officers of Revenue Marine Service for duty at Department. * * And hereafter nothing in section four of the act approved Au- gust fifth, eighteen hundred and eighty-two, entitled “An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, eighteen hun- dred and eighty-three, and for other purposes,” shall be construed to prevent the Secretary of the Treasury from detailing not exceeding two officers of the Revenue Marine Service for duty in the office of the Life-Saving Service. Act Feb. 26, 1889, c. 279, § 1, 25 Stat. 719. ACT JULY 31, 1894, c. 174, $ 1. Law clerks in offices of Comptroller and Auditors. The law clerks provided for in the offices of the Comptroller of the Treasury and of the several Auditors of the Treasury shall be skilled in the law, and shall be appointed in the same manner as chiefs of divisions are now appointed by the Secretary of the Treas- ury. Act July 31, 1894, c. 174, § 1, 28 Stat. 173. The performance by such law clerks of such clerical duties as may be required is prescribed by a provision of Act March 2, 1895, c. 177, § 1, post, under Rev. St. § 268. ACT JULY 31, 1894, c. 174, $ 10. Division of Bookkeeping and Warrants. The Division of Warrants, Estimates, and Appropriations in the office of the Secretary of the Treasury is hereby recognized and established as the Division of Bookkeeping and Warrants. It shall be under the direction of the Secretary of the Treasury as heretofore. Upon the books of this division shall be kept all accounts of receipts and expenditures of public money except those relating to the postal revenues and expenditures therefrom; and section three hundred and thirteen and so much of sections two hundred and eighty-three and thirty-six hundred and seventy-five of the Revised Statutes as re- Sec. 235) Tit. 7-DEPARTMENT OF THE TREASURY -Ch. 1. 129 quire those accounts to be kept by certain Auditors and the Register of the Treasury are repealed. The duties of the Register of the . Treasury shail be such as are now required of him in connection with the public debt and such further duties as may be prescribed by the Secretary of the Treasury. Act July 31, 1894, c. 174, § 10, 28 Stat. 208. This is one of the provisions of the act cited, changing the organiza- tion of the Department and the methods of accounting therein. Other sections relating to the system of accounting are set forth post, under Rev. St. $8 268, 269, 276, 277. ACT JUNE 4, 1897, c. 2, § 1. Librarian for Department. That the Secretary of the Treasury shall appoint, by transfer from a clerkship of class one, a librarian for the Treasury Department, at a salary of one thousand two hundred dollars per annum; Act June 4, 1897, c. 2, § 1, 30 Stat. 26. ACT MARCH 14, 1900, c. 41, $ 4. Divisions of Issue and of Redemption. That there be established in the Treasury Department, as a part of the office of the Treasurer of the United States, divisions to be designated and known as the division of issue and the division of re- demption, to which shall be assigned, respectively, under such regu- lations as the Secretary of the Treasury may approve, all records and accounts relating to the issue and redemption of United States notes, gold certificates, silver certificates, and currency certificates. There shall be transferred from the accounts of the general fund of the Treasury of the United States, and taken up on the books of said divisions, respectively, accounts relating to the reserve fund for the redemption of United States notes and Treasury notes, the gold coin held against outstanding gold certificates, the United States notes held against outstanding currency certificates, and the silver dollars held against outstanding silver certificates, and each of the funds represented by these accounts shall be used for the redemption of the notes and certificates for which they are respectively pledged, and shall be used for no other purpose, the same being held as trust funds. Act March 14, 1900, c. 41, § 4, 31 Stat. 45. ACT JUNE 6, 1900, c. 791, § 1. Detail of officer employed in enforcement of Chinese exclusion acts for duty at Department. And nothing in section four of the Act of August fifth, eighteen hundred and eighty-two (Twenty-second Statutes at Large, page two hundred and twenty-five) shall be construed to prevent the Secretary of the Treasury from hereafter detailing one officer employed in the enforcement of the Chinese exclusion Acts for duty at the Treasury Department at Washington. Act June 6, 1900, c. 791, § 1, 31 Stat. 611. LAWS '01-9 130 Tit. 7–DEPARTMENT OF THE TREASURY —Ch. 1. (Secs. 235–238 ACT MARCH 3, 1901, c. 853, § 1. Detail of officer employed in enforcement of alien contract-labor laws for duty at Department. That hereafter nothing in section four of the Act of August fifth, eighteen hundred and eighty-two (Twenty-two Statutes, two hun- dred and fifty-five), shall be construed to prevent the detailing of one officer employed in the enforcement of the alien contract-labor laws for duty at the Treasury Department at Washington. Act March 3, 1901, c. 853, § 1, 31 Stat. 1155. A similar provision, for the preceding year only, was made by Act June 6, 1900, c. 791, § 1, 31 Stat. 611. Sec. 236. Public accounts to be settled in the Department of the Treasury. All claims and demands whatever by the United States or against them, and all accounts whatever in which the United States are con- cerned, either as debtors or as creditors, shall be settled and ad- justed in the Department of the Treasury. Act March 3, 1817, c. 45, $ 2, 3 Stat. 366. Sec. 237. [As amended 1890.] Commencement of the fiscal year. That the fiscal year of the Treasury of the United States in all matters of accounts, receipts, expenditures, estimates, and appro- priations, except accounts of the Secretary of the Senate for com- pensation and traveling expenses of Senators, and accounts of the Sergeant-at-Arms of the House of Representatives for compensa- tion and mileage of members and delegates, shall commence on the first day of July in each year; and all accounts of receipts and ex- penditures required by law to be published annually shall be prepared and published for the fiscal year, as thus established. The fiscal year for the adjustment of the accounts of Secretary of the Senate for compensation and traveling expenses of Senators, and of the Ser- geant-at-Arms of the House of Representatives for compensation and mileage of members and delegates shall extend to and include the third day of July. Act Aug. 26, 1842, c. 207, $$ 1, 2, 5 Stat. 536. Act May 8, 1872, c. 139, § 1, 17 Stat. 61. Act March 3, 1873, c. 226, § 1, 17. Stat. 486. Act Oct. 1, 1890, c. 1256, 8 9, 26 Stat. 646. The amendment by Act Oct. 1, 1890, c. 226, § 9, above cited, consists in including, as within the exception of this section, accounts of the Sergeant-at-Arms of the House of Representatives for compensation and mileage of members and delegates, as well as accounts of the Secretary of the Senate for compensation and traveling expenses of Senators. Sec. 238. Commissions of officers employed in collecting revenues. The commissions of all officers employed in levying or collecting the public revenue shall be made out and recorded in the Depart- ment of the Treasury, and the seal of the Department affixed there- Secs. 238–240) Tit. 7-DEPARTMENT OF THE TREASURY-Ch. 1. 131 to. But the seal shall not be affixed to any such commission before the same has been signed by the President. Act May 15, 1820, c. 102, § 4, 3 Stat. 582. More general provisions, relating to commissions of all officers under the direction and control of the Secretary of the Treasury, and applica- ble also, in like manner, to commissions of officers under other Depart- ments, are contained in Act March 28, 1896, c. 73, ante, under Rev. St. § 182. The affixing of the seal of the United States to civil commissions for officers of the United States appointed by the President was regulated by Rev. St. $ 1794. The mode of affixing a seal, when necessary, is prescribed by Rev. St. $ 6. Sec. 239. [As amended 1875.] Accounts of receipts of internal revenue. Separate accounts shall be kept at the Department of the Treas- ury of all moneys received from internal duties or taxes in each of the respective States, Territories, and collection-districts, and of the amount of each species of duty and tax that shall accrue; so as to exhibit, as far as may be, the amount collected from each source of revenue, with the moneys paid as compensation and for allowances to the collectors and deputy collectors, assessors and assistant as- sessors, inspectors, and other officers employed in each of the re- spective States, Territories, and collection-districts. Act June 30, 1864, c. 173, § 43, 13 Stat. 239. Act Feb. 18, 1875, c. 80, 18 Stat. 317. The amendment of this section by Act Feb. 18, 1875, c. 80, cited above, consists in the insertion of the words "assessors and assistant assessors." An abstract of the accounts to be kept under this section is required to be furnished by the Secretary of the Treasury to Congress, by Rev. St. 8 261. Sec. 240. Accounts of expenditures for contingent expenses. No account for contingent expenses at any of the Bureaus of the Department of the Treasury shall be allowed, except on the certifi- cate of the superintendent of the Treasury buildings that such ex- penses are necessary and proper, and that the prices paid are just and reasonable; and the superintendent shall keep a full, just, and accurate account in detail of all amounts expended under the lead of contingent expenses for the several Bureaus of the Department of the Treasury. Act March 3, 1869, c. 123, 15 Stat. 311. Appropriations for expenditures of the Bureau of Engraving and Print- ing are not to be subject to the provisions of this section, under the pro- vision of the sundry civil appropriation act of 1897, set forth below. Provisions for reports to Congress of the accounts of the superintend- ent of the Treasury buildings, of contingent expenses for the several Bureaus, are contained in Rev. St. § 262. 132 . Tit. —(Secs. 240-241 7-DEPARTMENT OF THE TREASURY—Ch. 1. ACT JUNE 4, 1897, c. 2, § 1. Appropriations for Bureau of Engraving and Printing not to be held as for contingent expenses. That hereafter the appropriations made for all expenditures of the Bureau of Engraving and Printing shall be used in the manner in which appropriations for said Bureau have heretofore been used, and no part of said appropriations shall be held to be contingent ex- penses of the Treasury Department, nor be subject to the provisions of sections two hundred and forty and thirty-six hundred and eighty- three of the Revised Statutes : Act June 4, 1897, c. 2, § 1, 30 Stat. 18. A similar provision, but applying only to the appropriation for the year, was made by the sundry civil appropriation act of June 11, 1896, C. 420, 81, 29 Stat. 421. Rev. St. $ 3683, contains general restrictions on the application of contingent funds. Sec. 241. Accounts of expenditures for furniture and repairs. The expenditure for furniture and repairs for the Bureaus of the Department of the Treasury shall be made by the superintendent of the Treasury buildings, subject to the approval of the Secretary of the Treasury; and it shall be the duty of the superintendent to keep a just and accurate account in detail of all the amounts paid for the purchase of furniture, and also for the repairs thereof, as well as a full statement of the disposal of the old furniture. Act March 3, 1869, c. 123, 15 Stat. 311. Provisions for reports to Congress of the accounts of the Superintend- ent of the Treasury buildings relating to furniture are contained in Rev. St. 8 262. The Superintendent of the Treasury building is required to provide rooms for the Department of Justice in the vicinity of the Treasury building, by Rev. St. $ 352. ACT AUG. 5, 1882, c. 389, $ 1. . . 1 Accumulation of useless papers in office of Auditor for Post-Office De- partment. * * And the Secretary of the Treasury is hereby authorized to sell as waste paper, or otherwise dispose of, the files of papers which have accumulated, or may hereafter accumulate, in the Office of the Au- ditor of the Treasury for the Post-Office Department that are not needed in the transaction of current business and have no er- manent official or historical value; and the proceeds of said sales he shall pay into the Treasury, and make report thereof to Congress. Act Aug. 5, 1882, c. 389, § 1, 22 Stat. 228. ACT JULY 16, 1894, c. 137, 84. [A8 amended 1897.] Destruction of Money Order Statements and paid Money Orders in office of Auditor for Post-Office Department. The Secretary of the Treasury and the Postmaster-General shall cause to be destroyed in such manner as they may deem best all Sec. 241) Tit. 7– DEPARTMENT OF THE TREASURY —Ch. 1. 133 Money Order Statements rendered by Postmasters and all paid Money Orders and paid Postal Notes accompanying the same, now filed in the office of the Auditor of the Treasury for the Post Office Department, or which may hereafter be filed therein, after seven years shall have elapsed from the expiration of the period covered by such statements: Provided, That the Postmaster-General upon evidence satisfactory to him, and under such special regulations as he shall prescribe, may cause payment to be made in the manner pre- scribed in sections four and eleven of the Act approved January twenty-seventh, eighteen hundred and ninety-four, of the amount of any Money Order remaining unpaid after the lapse of seven years from the date of its issue. Act July 16, 1894, c. 137, § 4, 28 Stat. 107. Act March 3, 1897, c. 385, 29 Stat. 648. The amendment of this section by Act March 3, 1897, c. 385, consists in the insertion of the word "seven" wherever it occurs above, instead of "ten," in the original provision. ACT MARCH 15, 1898, c. 68, § 10. Destruction of records in office of Auditor for Post-Office Department. The Secretary of the Treasury and the Postmaster-General may cause to be destroyed, in such manner as they may deem best, the following-described records now on file in the Office of the Auditor for the Post-Office Department: Collection orders and acknowledgments from eighteen hundred and thirty-six to eighteen hundred and eighty. Mail messenger and special mail carrier receipts from eighteen hundred and fifty-eight to eighteen hundred and eighty-two. Receipts for drafts from eighteen hundred and forty-nine to eighteen hundred and ninety-one. Unimportant letters from eighteen hundred and twenty-five to eighteen hundred and eighty. Postal Guides, railway guides, postal laws and regulations, obso- lete editions. Postmasters' quarterly postal accounts from January, eighteen hundred and seventy-one, to and including eighteen hundred and eighty-three. Steamship reports and reports by postmasters of the weights of foreign dispatches from eighteen hundred and fifty-two to eighteen hundred and eighty-seven. Also miscellaneous accounts between the United States and foreign countries from eighteen hundred and sixty-four to eighteen hundred All international money order coupons that are dated prior to January first, eighteen hundred and ninety-four, and each succeed- ing year all such coupons as may be on hand bearing date four years prior to date of destruction. Act March 15, 1898, c. 68, § 10, 30 Stat. 317. All of this section but the last clause appears to provide only for the destruction of papers on file at the date of the passage of the act. The last clause, however, for the destruction of international money order and eighty-seven. 134 Tit. 7—DEPARTMENT OF THE TREASURY —Ch. 1. (Secs. 241-243 coupons, appears to be general and permanent, providing for the destruc- tion of all such coupons at any time after four years from their date. General provisions for the disposition of useless papers in the De- partments or the buildings under their control are made by Act Feb. 16, 1889, c. 171, and Act March 2, 1895, c. 189, § 1, ante, under Rev. St. § 197. Special provisions for the disposition of accumulations of papers in the Post-Office Department are made by Act March 3, 1881, c. 130, § 1, post, under Rev. St. § 397, and Act June 13, 1898, c. 446, § 2, post, under Rev. St. § 3948. Sec. 242. Temporary clerks. No clerk temporarily employed in the Department of the Treas- ury shall receive a greater compensation than at the rate of twelve hundred dollars a year for the time actually employed. Act July 12, 1870, c. 251, § 1, 16 Stat. 238. Act March 3, 1871, c. 113, § 1, 16 Stat. 483. Act March 3, 1875, c. 130, $ 2, 18 Stat. 396. A provision applicable to all the Departments, as to the compensation of temporary clerks, is contained in Rev. St. § 168. Sec. 243. Restrictions upon officers of the Department. No person appointed to the office of Secretary of the Treasury, or First Comptroller, or First Auditor, or Treasurer, or Register, shall directly or indirectly be concerned or interested in carrying on the business of trade or commerce, or be owner in whole or in part of any sea-vessel, or purchase by himself, or another in trust for him, any public lands or other public property, or be concerned in the purchase or disposal of any public securities of any State, or of the United States, or take or apply to his own use any emolument or gain for negotiating or transacting any business in the Treasury Department, other than what shall be allowed by law; and every person who offends against any of the prohibitions of this section shall be deemed guilty of a high misdemeanor and forfeit to the United States the penalty of three thousand dollars, and shall upon conviction be removed from office, and forever thereafter be inca- pable of holding any office under the United States; and if any other person than a public prosecutor shall give information of any such offense, upon which a prosecution and conviction shall be had, one- half the aforesaid penalty of three thousand dollars, when recov- ered, shall be for the use of the person giving such information. Act Sept. 2, 1789, c. 12, § 8, 1 Stat. 67. The designations of the offices of First Comptroller and First Auditor are changed, by Act July 31, 1894, c. 174, $$ 3, 4, post, under Rev. St. 88 268, 276. Similar restrictions are imposed on officers in the General Land Office, as to purchase of public lands, by Rev. St. § 452. Customs officers are forbidden to own vessels, or to act as agents, etc., for owners of vessels or cargo, or to engage in importation, by Rev. St. § 2638. Secs. 244-245) Tit. 7-DEPARTMENT OF THE TREASURY—Ch. 2. 135 Sec. 244. Restrictions upon clerks in the Department. Every clerk employed in the Treasury Department who carries on any trade or business in the funds or debts of the United States, or of any State, or in any kind of public property, or who takes or applies to his own use any emolument or gain for negotiating or transacting any business in the Department, shall be deemed guilty of a misdemeanor, and punished by a fine of five hundred dollars a and removal from office. Act March 3, 1791, c. 18, § 1, 1 Stat. 215. Act May 8, 1792, c. 37, § 12, 1 Stat. 281. Similar restrictions are imposed on clerks and employés in the General Land Office, as to purchase of public lands, by Rev. St. $ 452. CHAPTER TWO. The Secretary of the Treasury. Sec. 245. Duties of Assistant Secretaries. 246. Signing warrants. 247. Effect of warrants. 248. General duties of the Secretary. 249. Collection of duties. Act March 3, 1875, c. 136, § 2. Decisions construing laws imposing customs duties. 250. [Repealed.] 251. Rules, regulations, and forms. 252. [Stricken out.] 253. Discontinuance of ports of deliv- ery. 254. Deposits of gold. Act June 8, 1878, c. 170. Deposits of gold to be received by su- perintendents of mints or assayers of assay-offices. Act July 12, 1882, c. 290, § 12. Deposits of gold coin. Act March 14, 1900, c. 41, $ 6. Deposits of gold coin; gold certificates; repeal. 255. Appointment of disbursing agents. 256. [Repealed.] Act March 2, 1895, c. 177, $ 5. Custody of oaths of customs officers, and of official bonds. 257. Reports of the Secretary. Sec. Act Sept. 30, 1890, c. 1126, 8 1. Report on finance to include postal revenues and expenditures. Act July 31, 1894, c. 174, $ 15. Reports of receipts and expenditures of all public moneys. 258. Reports of expenditures [at cus- tom-houses]. Act Oct. 2, 1888, c. 1069. Reports of expenditures for Revenue- Cutter Service. 259. Report of statistics. 260. Reports upon appropriations for Departments of War and Navy. 261. Abstract of receipts from internal taxes. 262. Accounts of superintendent of Treasury buildings. 263. Printing report on commerce and navigation. 264. Report of Coast-Survey expendi- tures. 265. Printing statement of exports and imports. 266. Quarterly publication of statement of receipts and expenditures. 267. Monthly publication of weekly statement of the Treasurer, etc. Sec. 245. Duties of Assistant Secretaries. The Assistant Secretaries of the Treasury shall examine letters, 136 Tit. 7— DEPARTMENT OF THE TREASURY —Ch. 2. (Secs. 245-248 contracts, and warrants prepared for the signature of the Secretary of the Treasury, and perform such other duties in the office of the Secretary of the Treasury as may be prescribed by the Secretary or by law. Act March 3, 1849, c. 109, $ 13, 9 Stat. 396. Act March 14, 1864, c. 30, § 3, 13 Stat. 26. Provisions applicable to all the Departments, that, in case of the death, resignation, absence, or sickness of the head of the Depart- ment, the duties of the office may be performed, temporarily, by the assistant, are contained in Rev. St. § 177. Sec. 246. Signing warrants. The Secretary of the Treasury may, by an appointment under his hand and official seal, delegate to one of the Assistant Secretaries of the Treasury authority to sign in his stead all warrants for the payment of money into the public Treasury, and all warrants for the disbursement from the public Treasury, of money certified by the proper accounting officers of the Treasury to be due upon ac- counts duly audited and settled by them. Act March 2, 1867, c. 163, 14 Stat. 439. The mode of drawing and charging warrants is prescribed by Rev. St. $ 3675, and Act July 31, 1894, c. 174, § 10, ante, under Rev. St. $ 235, and § 11, post, under Rev. St. $ 277. Sec. 247. Effect of warrants. Warrants signed by either of the Assistant Secretaries, as au- thorized by the preceding section, shall be in all cases of the same validity as if they had been signed by the Secretary of the Treasury himself. Act March 2, 1867, c. 163, 14 Stat. 439. Sec. 248. General duties of the Secretary. The Secretary of the Treasury shall, from time to time, digest and prepare plans for the improvement and management of the rev- enue, and for the support of the public credit; shall superintend the collection of the revenue; shall, from time to time, prescribe the forms of keeping and rendering all public accounts and making re- turns; shall grant, under the limitations herein established, or to be hereafter provided, all warrants for moneys to be issued from the Treasury in pursuance of appropriations by law; shall make report, and give information to either branch of the legislature in person or in writing, as may be required, respecting all matters referred to him by the Senate or House of Representatives, or which shall ap- pertain to his office; and generally shall perform all such services relative to the finances as he shall be directed to perform. Act Sept. 2, 1789, c. 12, § 2, 1 Stat. 65. Act May 8, 1792, c. 37, § 9, 1.Stat. 281. Act March 3, 1849, c. 108, § 3, 9 Stat. 395. Act June 20, 1874, c. 344, 18 Stat. 127. The purchase or redemption of bonds with surplus money in the Secs. 248–249) Tit. 7137 —. . –DEPARTMENT OF THE TREASURY-Ch. 2Treasury is authorized by Act March 3, 1881, c. 133, § 2, and the issue of refunding bonds is authorized by Act July 12, 1882, c. 290, $ 11, and Act March 14, 1900, c. 41, § 11, post, following Rev. St. § 3697. The payment and anticipation of interest on the public debt are authorized by Rev. St. 88 3698, 3699. The purchase of coin with bonds or notes of the United States is authorized by Rev. St. $ 3700. The Secretary of the Treasury is authorized to compromise claims against the United States, by Rev. St. $ 3469; and he is authorized to prescribe rules governing agents representing claimants before his department, and to suspend or disbar such agents, by Act July 7, 1884, c. 334, 83, following Rev. St. § 3479. The Secretary of the Treasury is authorized to discharge poor debt- ors imprisoned under execution issuing from a United States court for a debt due the United States, by Rev. St. $ 3471. Provisions relating to the powers and duties of the Secretary of the Treasury in regard to public buildings are collected under Title XLIII A, "Public Buildings and Works." The Secretary of the Treasury is authorized to lease unproductive property by a provision of Act March 3, 1879, c. 182, § 1, following Rev. St. & 3751; and he may sell lands acquired by the United States by devise, by a provision of Act Aug. 7, 1882, c. 433, § 1, following Rev. St. § 3751. The Secretary of the Treasury is ex officio president of the Light House Board, by Rev. St. $ 4654; and the regulations of the board for the light house service are to be approved by him, by Rev. St. § 4669. General provisions as to the submission by the heads of Departments to Congress of estimates of expenditures and appropriations, and the duties of the Secretary of the Treasury in regard thereto, are con- tained in Rev. St. $8 3660–3665, 3669, 3670, 3672, and statutes col- lected under those sections. Sec. 249. Collection of duties. The Secretary of the Treasury shall direct the superintendence oi the collection of the duties on imports and tonnage, as he shall judge best Act May 8, 1792, c. 37, § 6, 1 Stat. 280. Customs officers are required to execute instructions of the Secretary relative to the revenue laws, and his decision as to the construction of those laws is made conclusive and binding on customs officers, by Rev. St. $2652. Restrictions on the reversal or modification of rulings or decisions by the Secretary, construing laws imposing customs duties, are contained in Act March 3, 1875, c. 136, § 2, set forth below. ACT MARCH 3, 1875, e. 136, $ 2. Decisions construing laws imposing customs duties. That no ruling or decision once made by the Secretary of the Treasury, giving construction to any law imposing customs duties, shall be reversed or modified adversely to the United States, by the same or a succeeding Secretary, except in concurrence with an opinion of the Attorney-General recommending the same, or a ju- dicial decision of a circuit or district court of the United States con- flicting with such ruling or decision, and from which the Attorney- General shall certify that no appeal or writ of error will be taken 138 Tit. 7—DEPARTMENT OF THE TREASURY—Ch. 2. (Secs. 249–252 by the United States: Provided, That the Secretary of the Treasury may in his discretion, decline to acquiesce in the judgment, decision, or ruling of an inferior court upon any question affecting the inter- ests of the United States, when, in his opinion, such interests require a final adjudication of such question by the court of last resort. Act March 3, 1875, c. 136, § 2, 18 Stat. 469. The act of which this section is part restricts the refunding of cus- tom duties. Section 3 further empowers the Secretary of the Treasury to make regulations necessary to carry the law into effect; and by a proviso to section 4, in all cases where the Secretary of the Treasury shall so request the Attorney-General shall take an appeal to the Supreme Court. These other provisions of the act are set forth post, under Title XXXIV, "Collection of Duties upon Imports,” c. 8. Sec. 250. [Repealed. Act July 31, 1894, C. 174, § 12.] The section repealed required the Secretary of the Treasury to cause all accounts of the expenditure of public money to be settled within each fiscal year, with certain exceptions. Its provisions are superseded by those of the repealing section, cited above, which are set forth post, under Rev. St. § 277. Sec. 251. Rules, regulations, and forms. The Secretary of the Treasury shall make and issue from time to time such instructions and regulations to the several collectors, receivers, depositaries, officers, and others who may receive Treasury notes, United States notes, or other securities of the United States, or who may be in any way engaged or employed in the preparation and issue of the same, as he shall deem best calculated to promote the public convenience and security, and to protect the United States, as well as individuals, from fraud and loss; he shall prescribe forms of entries, oaths, bonds, and other papers, and rules and regulations, not inconsistent with law, to be used under and in the exeeution and enforcement of the various provisions of the internal-revenue laws, or in carrying out the provisions of law relating to raising revenue from imports, or to duties on imports, or to warehousing ; he shall give such directions to collectors and prescribe such rules and forms to be observed by them as may be necessary for the proper execution of the law; he shall also prescribe the forms of the annual statements to be submitted to Congress by him showing the actual state of commerce and navigation between the United States and foreign countries, or coastwise between the collection districts of the United States, in each year. Act Feb. 10, 1820, c. 11, $$ 14, 15, 3 Stat. 543. Act Aug. 6, 1846, c. 84, § 5, 9 Stat. 55. Act June 30, 1864, c. 172, § 8, 13 Stat. 221. Act July 14, 1870, c. 255, $ 34, 16 Stat. 271. Res. May 14, 1856, No. 9, 11 Stat. 144. Sec. 252. [Stricken out. Act Feb. 27, 1877, c. 69, $ 1.] The section stricken out provided for the establishment, by the Sec- retary of the Treasury, under direction of the President, of regula- Secs. 252-254) Tit. 7–DEPARTMENT OF THE TREASURY—Ch. 2. 139 tions for appraisal of imports. It was stricken out as one of the corrections made by the act to perfect the revision of the statutes, Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 241. Provisions as to the mode of appraisal of imports are contained in Title XXXIV, "Collection of Duties upon Imports," c. 6. Sec. 253. Discontinuance of ports of delivery. The Secretary of the Treasury may discontinue all ports of de- livery, the revenue received at each of which does not amount to the sum of ten thousand dollars a year. Act June 14, 1858, c. 160, § 4, 11 Stat. 337. Ports of delivery are established by the provisions of Title XXXIV, “Collection of Duties upon Imports," c. 1, and the subsequent statutes collected under that chapter. Sec. 254. Deposits of gold. The Secretary of the Treasury is authorized to receive deposits of gold coin and bullion with the Treasurer or any assistant treasurer of the United States, in sums not less than twenty dollars, and to issue certificates therefor, in denominations of not less than twenty dollars, each, corresponding with the denominations of the United States notes. The coin and bullion deposited for or representing the certificates of deposit shall be retained in the Treasury for the payment of the same on demand. And certificates representing coin in the Treasury may be issued in payment of interest on the public debt, which certificates, together with those issued for coin and bullion deposited, shall not at any time exceed twenty per centum beyond the amount of coin and bullion in the Treasury; and the certificates for coin and bullion in the Treasury shall be received at par in payment for duties on imports. Act March 3, 1863, c. 73, § 5, 12 Stat. 711. Gold bars transferred from the assay-office at New York may be applied to the redemption of coin certificates, by Act June 22, 1874, c. 419, post, under Rev. St. § 3553. Certificates of deposit issued under this section are not to be paid in silver by any construction of the act to authorize the coinage of the standard silver dollar, and to restore its legal-tender character, Act Feb. 28, 1878, c. 20, § 1, post, under Rev. St. $ 3513. The use of coin certificates issued under this section for payment to depositors of bullion at the mints and assay-offices, was authorized by a provision of Act June 19, 1878, c. 329, § 1, post, following Rev. St. $ 3545. But so much of this act as authorized the issue of coin certificates in exchange for bullion at mints and assay-offices other than those mentioned in Rev. St. $ 3545, the mints and the assay- office in New York, was repealed by Act March 3, 1879, c. 182, § 1, post, following Rev. St. $ 3545. The provisions of this section may be regarded as superseded, to some extent, by Act July 12, 1882, c. 290, § 12, and Act March 14, 1900, c. 41, $ 6, set forth below. Duties on imports are payable in gold and silver coin, coin cer, tificates, or demand treasury notes, by Rev. St. $ 3473. 140 Tit. 7—DEPARTMENT OF THE TREASURY—Ch. 2. (Sec. 254 ACT JUNE 8, 1878, c. 170. An Act to Authorize the Secretary of the Treasury to constitute Superintendents of Mints or Assayers in Assay-offices, Assistant Treasurers of the United States. (20 Stat. 102.) Deposits of gold to be received by superintendents of mints or assayers of assay-offices. Be it enacted, &c., That the Secretary of the Treasury be and he is hereby authorized to constitute any superintendent of mint or assayer of any assay-office, an assistant treasurer of the United States without additional compensation, to receive gold coin and bullion on deposit for the purposes provided for in section two hun- dred and fifty-four of the Revised Statutes. Act June 8, 1878, c. 170, 20 Stat. 102. ACT JULY 12, 1882, c. 290, $ 12. Deposits of gold coin. That the Secretary of the Treasury is authorized and directed to receive deposits of gold coin with the Treasurer or assistant treasurers of the United States, in sums not less than twenty dol- lars, and to issue certificates therefor in. denominations of not less than twenty dollars each, corresponding with the denominations of United States notes. The coin deposited for or representing the certificates of deposits shall be retained in the Treasury for the payment of the same on demand. Said certificates shall be re- ceivable for customs, taxes, and all public dues, and when so re- ceived may be reissued; and such certificates, as also silver cer- tificates, when held by any national-banking association, shall be counted as part of its lawful reserve; and no national-banking as- sociation shall be a member of any clearing-house in which such certificates shall not be receivable in the settlement of clearing-house balances: Provided, That the Secretary of the Treasury shall sus- pend the issue of such gold certificates whenever the amount of gold coin and gold bullion in the Treasury reserved for the redemption of United States notes falls below one hundred millions of dollars; and the provisions of section fifty-two hundred and seven of the Revised Statutes shall be applicable to the certificates herein author- ized and directed to be issued. Act July 12, 1882, c. 290, $ 12, 22 Stat. 165. This section is part of the act to enable national banking associa- tions to extend their corporate existence, etc.; in connection with which general subject the above provisions as to the use of the cer- tificates as part of the lawful reserve, etc., are enacted. The other sections of the act are set forth pošt, under Title LXII, "National Banks," c. 1. Rev. St. 8 5207, mentioned in this section, declares the offering or receiving of United States notes as collateral security, etc., for loan of money, a misdemeanor, punishable by fine and penalty. The provisions of this section may be regarded as superseded, to some extent, by the similar provisions of Act March 14, 1900, c. 41, § 6, set forth below. Secs. 254–256) Tit. 7—DEPARTMENT OF THE TREASURY—Ch. 2. 141 ACT MARCH 14, 1900, c. 41, $ 6. Deposits of gold coin; gold certificates; repeal. That the Secretary of the Treasury is hereby authorized and directed to receive deposits of gold coin with the Treasurer or any assistant treasurer of the United States in sums of not less than twenty dollars, and to issue gold certificates therefor in denominations of not less than twenty dollars, and the coin so deposited shall be retained in the Treasury and held for the payment of such certificates on demand, and used for no other purpose. Such certificates shall be receivable for customs, taxes, and all public dues, and when so received may be reissued, and when held by any national banking association may be counted as a part of its lawful reserve: Provided, That whenever and so long as the gold coin held in the reserve fund in the Treasury for the redemption of United States notes and Treasury notes shall fall and remain below one hundred million dollars the authority to issue certificates as herein provided shall be suspended: And provided fur- ther, That whenever and so long as the aggregate amount of United States notes and silver certificates in the general fund of the Treasury shall exceed sixty million dollars the Secretary of the Treasury may, in his discretion, suspend the issue of the certificates herein provided for: And provided further, That of the amount of such outstanding certificates one-fourth at least shall be in denominations of fifty dol- lars or less : And provided further, That the Secretary of the Treasury may, in his discretion, issue such certificates in denominations of ten thousand dollars, payable to order. And section fifty-one hundred and ninety-three of the Revised Statutes of the United States is hereby repealed. Act March 14, 1900, c. 41, § 6, 31 Stat. 47. This section is part of the act to define and fix the standard of value, to maintain the parity of all forms of money issued or coined by the United States, etc., other sections of which are set forth or referred to under Rev. St. $3526. The provisions of this section practically supersede, to a great ex- tent, those of Rev. St. $ 254, and Act July 12, 1882, c. 290, § 12, set forth above. Rev. St. 8 5193, repealed by the last clause of this section, provided for the issue, by the Secretary of the Treasury, of certificates for deposits with him of United States notes, by national banks. Sec. 255. Appointment of disbursing agents. The Secretary of the Treasury may designate any officer of the United States, who has given bonds for the faithful performance of his duties, to be disbursing agent for the payment of all moneys appropriated for the construction of public buildings authorized by law within the district of such officer. Act March 3, 1869, c. 122, § 1, 15 Stat. 301, 306. Sec. 256. [Repealed. Act June 22, 1874, c. 393.] This section empowered the Secretary of the Treasury to employ not more than three persons to assist in discovering and collecting money 142 Tit. 7—DEPARTMENT OF THE TREASURY—Ch. 2. (Secs. 256-257 belonging to the United States, and regulated the employment of such persons, their compensation and proceedings. These provisions were originally enacted as part of the legislative, executive, and judicial appropriation act of May 8, 1872, c. 140, § 1, 17 Stat. 69, and were incorporated therefrom in this section of the Revised Statutes. But so much of that act as provided for the employment of persons for such purpose was repealed, and the Secretary of the Treasury was directed to revoke and annul all contracts made under the act, by Act June 22, 1874, c. 393, 18 Stat. 192. This repealing act, though passed on the same day as the enactment of the Revised Statutes, took effect, by virtue of Rev. St. § 5601, as a subsequent statute, re- pealing any portion of the revision inconsistent therewith. The pro- visions of this section may therefore be regarded as repealed or ren- dered inoperative by Act June 22, 1874, c. 393, cited above. Section 2 of that act provided that the Court of Claims should have "no authority to consider or decide upon any claims for damages by reason of the discontinuance of the contracts aforesaid, or for any profits or percentages under them." ACT MARCH 2, 1895, c. 177, $ 5. Custody of oaths of customs officers, and of official bonds. Hereafter the copy of the oath of office of subordinate officers of the customs, required to be transmitted to the Commissioner of Customs by section eleven of the “Act to amend existing cus- toms and internal revenue laws, and for other purposes,” approved February eighth, eighteen hundred and seventy-five, shall be trans- mitted to the Secretary of the Treasury. Hereafter all bonds of the Treasurer of the United States, col- lectors of internal revenue, collectors, naval officers, surveyors, and other officers of the customs, either as such officers or as disbursing officers of the Treasury, bonds of the Secretary of the Senate, Clerk of the House of Representatives, and the Sergeant-at-Arms of the House of Representatives, and all such bonds now on file in the office of the Comptroller of the Treasury shall be transmitted to the Secretary of the Treasury and filed as he may direct; and the du- ties now required by law of the Comptroller of the Treasury in re- gard to such bonds, as the successor of the Commissioner of Cus- toms and First Comptroller of the Treasury shall hereafter be per- formed by the Secretary of the Treasury. Act March 2, 1895, c. 177, § 5, 28 Stat. 807. These provisions are part of section 5 of the legislative, executive, and judicial appropriation act of 1895. Section 11, Act Feb. 8, 1875, referred to therein, is set forth post, under Rev. St. § 2618. Provisions as to the custody of oaths of office in general are con. tained in Rev. St. $ 1759. The office of Commissioner of Customs is abolished, and its duties are transferred to the Comptroller of the Treasury, by Act July 31, 1894, c. 174, § 4, post, under Rev. St. § 268. The remaining provisions of the section, omitted above, relating to official bonds in general, the examination, renewal, etc., thereof, and the liabilities of principals and sureties thereon, are set forth post, following Rev. St. $ 1759. Sec. 257. Reports of the Secretary. The Secretary of the Treasury shall make the following annual reports to Congress : Sec. 257) Tit. 7–DEPARTMENT OF THE TREASURY—Ch. 2. 143 First. A report on the subject of finance, containing estimates of the public revenue and public expenditures for the fiscal year then current, and plans for improving and increasing the revenues from time to time, for the purpose of giving information to Congress in adopting modes of raising the money requisite to meet the public expenditures. Second. A report containing a statement of all contracts for sup- plies or services which have been made by him or under his direc- tion during the year preceding, and also a statement of the expendi- ture of the moneys appropriated for the discharge of miscellaneous claims not otherwise provided for, paid at the Treasury. Third. A report of the rules and regulations established by him to secure a just, faithful, and impartial appraisal of all goods, wares, and merchandise imported into the United States, the actual value thereof, and the number of square yards, parcels, or other quantities thereof, together with his reasons for making such rules. Fourth. A report containing a full and complete statement in detail of the amounts collected from seamen and the amounts ex- pended for sick and disabled seamen, under the authority of the laws creating and administering a hospital-tax for the benefit of sick and disabled seamen. Act Sept. 2, 1789, c. 12, 1 Stat. 65. Act May 10, 1800, c. 58, 2 Stat. 79. Act Aug. 26, 1842, c. 207, § 1, 5 Stat. 536. Act March 3, 1809, c. 28, § 5, 2 Stat. 536. Act May 19, 1828, c. 55, § 10, 4 Stat. 274. Act July 20, 1868, c. 177, § 1, 15 Stat. 110, 111. Act June 22, 1874, c. 391, § 3, 18 Stat. 186. Act March 3, 1875, c. 136, § 4, 18 Stat. 470. Act Aug. 15, 1876, c. 274, 19 Stat. 156. In the report on finance, required by the first subdivision of this section, postal revenues and expenditures are to be included, by a provision of the deficiency appropriation act of 1890, set forth below. In addition to the report on contracts, required by the second sub- division of this section, various reports as to public contracts are re- quired by provisions under Title XLIII, “Public Contracts." The laws providing for the assessment and collection of the hospital tax on seamen, referred to in the fourth subdivision of this section, are repealed, and the expense of maintaining the Marine Hospital Service is to be borne by the United States out of the receipts for duties on ton- nage, by Act June 26, 1884, c. 121, § 15, post, following Rev. St. $ 4219. Rev. St. § 252, which authorized the Secretary of the Treasury to make regulations for appraisal of imports, a report of which is re- quired by the third subdivision of this section, is stricken out by Act Feb. 27, 1877, c. 69, 19 Stat. 241. Provisions requiring reports by the Secretary of the Treasury of delinquencies of officers in rendering accounts or in payment of bal- ances, contained in Act July 31, 1894, c. 174, § 12, as amended by Act May 28, 1896, c. 252, § 4, are set forth post, under Rev. St. $ 277. General provisions as to the submission by the heads of Departments to Congress of estimates of expenditures and appropriations, and re- ports by the Secretary of the Treasury in regard thereto, are contained in Rev. St. $$ 3660–3665, 3669, 3670, 3672, and statutes collected under those sections. Besides the reports mentioned in this and the sections immediately following, or referred to in this note, various special reports by the Secretary of the Treasury, in relation to numerous other matters, are required by statutes cited above, and other provisions, incidental to particular subjects, and incorporated in the sections or clauses relating thereto under other titles. Provisions relating to estimates of appropriations and expenditures 144 Tit. 7—DEPARTMENT OF THE TREASURY-Ch. 2. (Secs. 257-258 by the heads of Departments are contained in Title XLI, “Appro- priations"; and the submission of such estimates to Congress through the Secretary of the Treasury, and the preparation, under his direction, of the Book of Estimates, are provided for by Rev. St. $ 3669. Provisions applicable to all the Departments, as to the time of mak- ing annual reports, and the time of furnishing copies thereof to the printer, are contained in Rev. St. 88 195, 196. The printing at the Government Printing Office and distribution of the reports of the Secretary are provided for by Act Jan. 12, 1895, c. 23, $ 73, post, under Title XLV, "Public Printing, Advertisements, and Public Documents.” ACT SEPT. 30, 1890, c. 1126, § 1. Report on finance to include postal revenues and expenditures. That hereafter the Secretary of the Treasury shall include in his annual report, in the statements of actual and estimated receipts and expenditures of the Government, the revenues from and ex- penditures on account of the postal service. Act Sept. 30, 1890, c. 1126, § 1, 26 Stat. 511. ACT JULY 31, 1894, c. 174, § 15. Reports of receipts and expenditures of all public moneys. It shall be the duty of the Secretary of the Treasury annually to lay before Congress, on the first day of the regular session there- of, an accurate, combined statement of the receipts and expenditures during the last preceding fiscal year of all public moneys, includ- ing those of the Post-Office Department, designating the amount of the receipts, whenever practicable, by ports, districts, and States, and the expenditures, by each separate head of appropriation. Act July 31, 1894, c. 174, § 15, 28 Stat. 210. Sec. 258. Reports of expenditures (at custom-houses]. The Secretary of the Treasury shall lay before Congress at the commencement of each regular session a statement of the amount of money expended at each custom-house during the preceding fiscal year, and of the number of persons employed, and the occupation and salary of each person at each custom-house during the same period. Act March 3, 1849, c. 110, $ 6, 9 Stat. 399. In the annual estimates by the Secretary of the Treasury, he is re- quired to include a statement of the officers and employés, with the rate of compensation to each, necessary to collect the revenue at each port of entry, and estimates of contingent and additional expenses, by Act Aug. 5, 1882, c. 389, § 5, post, under Rev. St. $ 3691. ACT OCT. 2, 1888, c. 1069. Reports of expenditures for Revenue-Cutter Service. That the Secretary of the Treasury shall submit to Congress at its next session a detailed statement of the expenditures for the fiscal year eighteen hundred and eighty-eight under the appropriation for the Revenue-Cutter Service, and annually thereafter a detailed state- Secs. 258-261) Tit. 7-145 — DEPARTMENT OF THE TREASURY— Ch. 2. ment of expenditures under said appropriation shall be submitted to Congress at the beginning of each regular session thereof. Act Oct. 2, 1888, c. 1069, 25 Stat. 511. This is a provision of the sundry civil appropriation act for the fiscal year ending June 30, 1889, cited above. Provisions relating to the estimates for the Revenue Cutter Service, contained in Act March 2, 1889, c. 410, are set forth post, following Rev. St. $ 3665. Sec. 259. [As amended 1877.] Report of statistics. The Secretary of the Treasury shall make a report to Congress on the first Monday of January in each year, containing the results of the information collected during the preceding year, by the Bu- reau of Statistics, upon the condition of the manufactures, domestic trade, currency, and banks of the several States and Territories. Res. June 15, 1844, No. 16, 5 Stat. 719. Act Feb. 27, 1877, c. 69, 19 Stat. 241. The amendment of this section by Act Feb. 27, 1877, c. 69, cited above, consisted in the omission of the word "agriculture," preceding the word "manufactures," in the section as originally enacted. The collection of such statistics is provided for under chapter 10 of this Title, $$ 334-342. Sec. 260. Reports upon appropriations for Departments of War and Navy. The Secretary of the Treasury shall lay before Congress at the commencement of each regular session, accompanying his annual statement of the public expenditure, the reports which may be made to him by the Auditors charged with the examination of the ac- counts of the Department of War and the Department of the Navy, respectively, showing the application of the money appropriated for those Departments for the preceding year. Act March 3, 1817, c. 45, $ 6, 3 Stat. 367. Moneys appropriated for the War and Navy Departments are to be drawn from the Treasury, by warrants of the Secretary of the Treas- ury, upon requisitions of the Secretaries of those Departments, by Rev. St. § 3673. Subsequent provisions relating to requisitions and warrants for the payment of money are contained in Act July 31, 1894, c. 174, § 11, post, following Rev. St. $ 277. Sec. 261. Abstract of receipts from internal taxes. The Secretary of the Treasury shall annually, in the month of December, lay before Congress an abstract, in tabular form, of the separate accounts of moneys received from internal duties or taxes in each of the respective States, Territories, and collection-districts, required by section two hundred and thirty-nine to be kept at the Treasury. Act June 30. 1864, c. 173, § 43, 13 Stat. 239. LAWS '01-10 146 Tit. 7—DEPARTMENT OF THE TREASURY-Ch. 2. (. 262–265 (Secs. Sec. 262. Accounts of superintendent of Treasury buildings. The Secretary of the Treasury shall transmit to Congress, at the commencement of each regular session, a copy of each of the ac- counts kept by the superintendent of the Treasury buildings of all amounts expended under the head of contingent expenses for the several Bureaus of the Department of the Treasury, and of all amounts paid for furniture and repairs of furniture, and of the dis- posal of old furniture. Act March 3, 1869, c. 125, 15 Stat. 311. The keeping by the superintendent of the Treasury buildings of accounts of contingent expenses and relating to furniture is required by Rev. St. $$ 240, 241. Statements by the Secretary of the Treasury, in the annual esti- mates, of buildings rented in the District of Columbia for the use of the Government, are required by a provision of Act July 16, 1892, c. 196, § 1, post, following Rev. St. $ 3663. Sec. 263. Printing report on commerce and navigation. The Secretary of the Treasury shall cause the annual report on the statistics of commerce and navigation, required from the Chief of the Bureau of Statistics, to be prepared and printed according to law, and to be submitted to Congress at as early a day in each regular session as practicable, and not later than the first Monday in January. Act Feb. 10, 1820, c. 11, § 1, 3 Stat. 541. Act Sept. 16, 1850, C. 55, SS 1, 2, 9 Stat. 459. Act July 28, 1866, c. 298, § 13, 14 Stat. 331. The making of the annual report on statistics of commerce and navigation mentioned in this section is provided for by Rev. St. & 336. The printing and distribution of the report are provided for by Act Jan. 12, 1895, c. 23, § 73, post, under Title XLV, “Public Printing, Advertisements, and Public Documents." Sec. 264. Report of Coast-Survey expenditures. The Secretary of the Treasury shall report to Congress annually the number and names of the persons employed during the last preceding fiscal year upon the Coast Survey and business connected therewith; the amount of compensation of every kind respectively paid them, for what purpose, and the length of time employed; and shall report a full statement of all other expenditures made under the direction of the Superintendent of the Coast Survey. Act March 3, 1853, c. 97, § 3, 10 Stat. 209. Act Aug. 15, 1876, C. 287, 19 Stat. 156. Sec. 265. Printing statement of exports and imports. The Secretary of the Treasury shall furnish to the Congressional Printer on or before the first day of November of each year, the Secs. 266-267) Tit. 7– DEPARTMENT OF THE TREASURY—Ch. 3. 147 manuscript, prepared for printing, of a condensed statement of the aggregate amount of the exports and imports from foreign countries during the preceding fiscal year. Res. March 3, 1863, No. 27, § 3, 12 Stat. 826. Sec. 266. Quarterly publication of statement of receipts and expenditures. The Secretary of the Treasury, at the expiration of thirty days from the end of each quarter, shall cause to be published in some newspaper at the seat of government a statement of the whole re- ceipts of such quarter, specifying the amount received from cus- toms, from public lands, and from miscellaneous sources, and, also, the whole amount of payments made during the said quarter, speci- fying the general head of appropriation, whether for the civil list, the Army, the Navy, Indian Affairs, fortifications, or pensions. Act June 17, 1844, c. 105, $ 6, 5 Stat. 696. Provisions for the disposition of unexpended balances of appropria- tions are contained in Rev. St. $$ 3690, 3691, and subsequent stat- utes collected under those sections. Sec. 267. Monthly publication of weekly statement of the Treasurer, etc. The Secretary of the Treasury shall cause to be published in some newspaper at the seat of Government, on the first day of each month, the last preceding weekly statement of the Treasurer of the United States, showing the amount to his credit in the different banks, in the mint, or other depositories, the amount for which drafts have been given, and those remaining unpaid, and the bal- ance remaining subject to his draft; and he shall also specially note any changes that have been made in the depositories of the Treasury during the preceding month, and report to Congress, at the commencement of its next session, the reasons for such changes. Act June 17, 1844, c. 105, § 5, 5 Stat. 696. CHAPTER THREE. The Comptrollers. Sec. 268. Comptrollers. Act July 31, 1894, c. 174, 88 4, 5. 4. Comptroller and Assistant Comp- troller. 5. Comptroller to prescribe forms of keeping and rendering accounts. Act March 2, 1895, c. 177, § 1. Chief clerk may sign letters and pa- pers instead of Comptroller. Sec. Duties of law clerks in offices of Comptroller and Auditors. Act March 15, 1898, c. 68, $ 1. Salary of Assistant Comptroller. 269. [Repealed.] 270. [Repealed.] 271. Power of Comptroller to direct set- tlement of accounts. 272. [Repealed.] 148 Tit. 7— DEPARTMENT OF THE TREASURY—Ch. 3. (Sec. 268 Sec. Sec. 273. [Repealed.] 275. [Repealed.] 274. Power of Comptroller to regulate Act March 15, 1898, c. 68, § 1. payment of arrears of pay. Exchange of law books in office of Comptroller. Sec. 268. Comptrollers. There shall be in the Department of the Treasury a First Comp- troller and a Second Comptroller, each of whom shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of five thousand dollars a year. Act Sept. 2, 1789, c. 12, § 1, 1 Stat. 65. Act March 3, 1817, c. 45, $ 3, 3 Stat. 366. Act May 18, 1872, c. 172, § 1, 17 Stat. 127. Act March 3, 1875, C. 130, § 2, 18 Stat. 396. A Deputy First Comptroller and a Deputy Second Comptroller were authorized by the provisions of the sundry civil appropriation act of 1875 relating to the organization of the Treasury Department, Act March 3, 1875, c. 130, $ 2, ante, under Rev. St. § 235. And the Deputy First Comptroller was authorized, in the name of the First Comptroller, to countersign warrants and other papers, by a provision of Act March 3, 1883, c. 128, § 1, 22 Stat. 539. But these provisions are superseded or rendered inoperative by the subsequent changes in the organization of the Department and the offices therein, and in the system of accounting, by provisions of the legislative, executive, and judicial appropriation act of 1894, set forth below, and under other sections of this Title. The provisions of the above section are also modified by the change in the designation of the First Comptroller and the increase of his salary, the abolition of the office of Second Comptroller, as well as the offices of the Deputy Comptrollers, and the creation of the office of Assistant Comptroller, by the provisions of said act of 1894, set forth below. ACT JULY 31, 1894, c. 174, $$ 4, 5. Comptroller and Assistant Comptroller. Sec. 4. The offices of Commissioner of Customs, Deputy Commis- sioner of Customs, Second Comptroller, Deputy Second Comptroller, and Deputy First Comptroller of the Treasury are abolished, and the First Comptroller of the Treasury shall hereafter be known as Comp- troller of the Treasury. He shall perform the same duties and have the same powers and responsibilities (except as modified by this Act) as those now performed by or appertaining to the First and Second Comptrollers of the Treasury and the Commissioner of Customs; and all provisions of law not inconsistent with this Act, in any way relating to them or either of them, shall hereafter be construed and held as relating to the Comptroller of the Treasury. His salary shall be five thousand five hundred dollars per annum. There shall also be an Assistant Comptroller of the Treasury, to be appointed by the President, with the advice and consent of the Sen- ate, who shall receive a salary of five thousand dollars per annum, and a chief clerk in the office of the Comptroller of the Treasury, who shall receive a salary of two thousand five hundred dollars per annum. The Assistant Comptroller of the Treasury shall perform such Sec. 268) Tit. 7—DEPARTMENT OF THE TREASURY—Ch. 149 . 3. duties as may be prescribed by the Comptroller of the Treasury and shall have the power, under the direction of the Comptroller of the Treasury, to countersign all warrants and sign all other pa- pers. The chief clerk shall perform such duties as may be assigned to him by the Comptroller of the Treasury, and shall have the power, in the name of the Comptroller of the Treasury, to countersign all warrants except accountable warrants. The Auditors, under the direction of the Comptroller of the Treas- ury, shall superintend the recovery of all debts finally certified by them, respectively, to be due to the United States. Section thirty-six hundred and twenty-five of the Revised Stat- utes is amended by substituting the words "proper Auditor" for the words "First Comptroller of the Treasury (or the Commissioner of Customs, as the case may be).” Section thirty-six hundred and thirty-three of the Revised Stat- utes is amended by substituting the words “proper Auditor" for the words “First or Second Comptroller of the Treasury." Act July 31, 1894, c. 174, § 4, 28 Stat. 205. So far as this act relates to the First Comptroller, it operates merely as changing his designation and as adding to and modifying his duties and powers, and not as creating a new office; the act so providing by section 9, post, under Rev. St. $ 277. The powers and duties of the First Comptroller, at the time of the passage of this act, were prescribed by Rev. St. $$ 269-272, all which are expressly repealed or amended by this act; and by special provisions of Rev. St. 88 57-59, 243, 456, amended by this act, SS 1660, 3143, 3144, 3217, 3218, 3624, 3625, amended by this act, $ 3633, amended by this act, $ 3675, repealed in part by this act, $$ 3712, 3743, amended by this act, $$ 4579, 5218; also by Act March 3, 1875, c. 130, § 2, ante, under Rev. St. § 235; Act March 1, 1879, c. 125, § 2, amending Rev. St. S 3143, 3144; Res. Aug. 3, 1882, No. 63, post, under Rev. St. $ 3786; Act March 3, 1883, c. 128, § 1, referred to in note under Rev. St. § 268. The powers and duties of the Second Comptroller, at the time of the passage of this act, were prescribed by Rev. St. $8 273-275, which, ex- cept § 274, are repealed by this act; and by special provisions of Rev. St. $ 3633, amended by this act, &$ 3673, 3743, amended by this act; also by Act March 3, 1875, c. 130, § 2, ante, under Rev. St. § 235; Act Aug. 15, 1876, c. 289, § 3, post, under Rev. St. § 2083; Act Aug. 30, 1890, c. 837, § 1, post, under Rev. St. $ 1197; Act July 16, 1892, c. 196, § 1, post, under Rev. St. $ 277. The powers and duties of the Commissioner of Customs, at the time of the passage of this act, were prescribed by Rev. St. $$ 316-318, 2618, 2620, 2639, amended by this act, $ 3625, amended by this act, $ 3743, amended by this act; also by Act March 3, 1875, c. 130, § 2, ante, under Rev. St. § 235. The text of Rev. St. 88 317, 318, prescribing the duties of the Commis- sioner of Customs which, under this act, are to be performed by the Comptroller, is as follows: "Sec. 317. The Commissioner of Customs shall examine all accounts settled by the First Auditor relating to the receipts from customs, in- cluding accounts of collectors and other officers of the customs, and certify the balances arising thereon to the Register. And shall perform all the acts and exercise all the powers, relating to the receipts from customs and the accounts of collectors and the other officers of the cus- toms or connected therewith, devolved by section two hundred and sixty- nine upon the First Comptroller in regard to other receipts and other accounts. "Sec. 318. The Commissioner of Customs shall report to the Secretary 150 (Sec. 268 Tit. 7–DEPARTMENT OF THE TREASURY—Ch. 3. of the Treasury official forms to be used in the different offices for col- lecting the public receipts from customs, and all the manner and form of keeping and stating the accounts of the persons employed therein." The powers and duties of the Comptroller in regard to decisions of the Auditors and accounts adjusted by them, as prescribed by this act, are contained in other sections, relating to the duties of the Auditors and the system of accounting, which are set forth under Rev. St. $ 277. Although, by this section, the salary of the Assistant Comptroller is $5,000, subsequent appropriations therefor were for $4,500, Act May 28, 1896, c. 252, § 1, 29 Stat. 150, and Act Feb. 19, 1897, c. 265, § 1, 29 Stat. 550. And the salary is fixed at $4,500 by a provision of the legis- lative, executive, and judicial appropriation act of 1898, set forth below. Subsequent provisions relating to the chief clerk and the law clerks in the office of the Comptroller are set forth below. The provisions of this act relating to the Auditors and other officers of the Department are set forth under the subsequent chapters of this Title. Comptroller to prescribe forms of keeping and rendering accounts. Sec. 5. The Comptroller of the Treasury shall, under the direction 5 of the Secretary of the Treasury, prescribe the forms of keeping and rendering all public accounts, except those relating to the postal reve- nues and expenditures therefrom. The returns of fees mentioned in section seventeen hundred and twenty-five of the Revised Statutes shall be made as prescribed by the Comptroller of the Treasury. Act July 31, 1894, c. 174, § 5, 28 Stat. 206. Previous to this enactment, it was the duty of the Second Comptroller to report forms of keeping and stating accounts in the War and Navy Departments, under Rev. St. $ 273, which is repealed by section 7 of this act, set forth post, under Rev. St. $ 277. The fees mentioned in section 1725, referred to in this section, are the fees of consular officers, of which, by section 1725, they are required to make returns, "in such manner as the Secretary of State shall prescribe." ACT MARCH 2, 1895, c. 177, § 1. Chief clerk may sign letters and papers instead of Comptroller. The chief clerk in the office of the Comptroller of the Treasury shall have power in the name of the Comptroller of the Treasury to sign such letters and papers as the Comptroller may direct. Act March 2, 1895, c. 177, § 1, 28 Stat. 776. Duties of law clerks in offices of Comptroller and Auditors. The law clerks in the office of the Comptroller of the Treasury, and in the offices of the Auditors of the Treasury, shall perform such clerical duties as the heads of their respective offices may re- quire of them. Act March 2, 1895, c. 177, 8 1, 28 Stat. 777. ACT MARCH 15, 1898, c. 68, 8 1. Salary of Assistant Comptroller. That hereafter the salary of the Assistant Comptroller shall be four thousand five hundred dollars. Act March 15, 1898, c. 68, § 1, 30 Stat. 277. Secs. 269–273) Tit. 7–DEPARTMENT OF THE TREASURY-Ch. 3. 151 Sec. 269. [Repealed. Act July 31, 1894, C. 174, § 11.] This section prescribed the duties of the First Comptroller in regard to accounts settled by the First and Fifth Auditors and the Commis- sioner of the General Land Office, the countersigning of warrants, and superintending recovery of debts due to the United States. Different provisions as to these matters are made by section 4 of the act, which repeals this section, set forth ante, under Rev. St. $ 268, and other sec- tions of that act, post, under Rev. St. $ 277. Sec. 270. [Repealed. Act July 31, 1894, C. 174, § 8.] This section authorized appeals to the First Comptroller from settle- ments of accounts by the Sixth Auditor. Different provisions for revi- sion of such settlements are contained in the repealing section cited above, which is set forth post, under Rev. St. $ 277. Sec. 271. [As amended 1894.] Power of Comptroller to direct settlement of accounts. The Comptroller of the Treasury, in any case where, in his opin- ion, the interests of the Government require it, shall direct any , of the Auditors forthwith to audit and settle any particular account which such Auditor is authorized to audit and settle. Act March 3, 1890, c. 28, $ 2, 2 Stat. 536. Act July 31, 1894, c. 174, $ 6, 28 Stat. 206. The material changes made by the amendment by Act July 31, 1894, c. 174, § 6, consist in the substitution of the designation, “Comptroller of the Treasury," instead of "First Comptroller"; and the extension of his power to direct immediate settlement, to cases where “the interests of the Government require it," instead of cases where “further delays would be injurious to the United States," and to directions to "any of the Auditors," instead of to the "First and Fifth Auditors," only, as originally provided. Sec. 272. [Repealed. Act July 31, 1894, c. 174, § 12.] This section required the First Comptroller to report to Congress offi- cers failing to make settlement of their accounts. The repealing sec- tion provides for such reports by the Secretary of the Treasury. It is set forth post, under Rev. St. $ 277. Sec. 273. [Repealed. Act July 31, 1894, c. 174, § 7.] This section prescribed the duties of the Second Comptroller in regard to accounts settled by the Second, Third, and Fourth Auditors, the coun- tersigning of warrants, and forms for disbursing public money in the War and Navy Departments, and keeping and stating accounts therein. The office of Second Comptroller is abolished, and its duties and powers transferred to the Comptroller, by section 4 of the act which repeals this section, set forth ante, under Rev. St. $ 268. Section 7, containing the repeal, is set forth post, under Rev. St. $ 277. 152 Tit. 7—DEPARTMENT OF THE TREASURY-Ch. 4. (Secs. 274–275 Sec. 274. Power of Comptroller to regulate payment of arrears of pay. The Second Comptroller may prescribe rules to govern the pay- ment of arrears of pay due to any petty officer, seaman, or other person not an officer, on board any vessel in the employ of the United States, which has been sunk or destroyed, in case of the death of such petty officer, seaman, or person, to the person desig- nated by law to receive the same. Act July 4, 1864, c. 248, § 3, 13 Stat. 390. The office of Second Comptroller is abolished and the duties and pow- ers thereof transferred to the Comptroller, by Act July 31, 1894, c. 174, § 4, set forth ante, under Rev. St. § 268. Sec. 275. [Repealed. Act July 31, 1894, C. 174, $ 7.] This section authorized the Second Comptroller to detail one clerk to sign certificates and papers relating to bounties. The section contain- ing the repeal is set forth post, under Rev. St. $ 277. ACT MARCH 15, 1898, c. 68, $ 1. . . Exchange of law books in office of Comptroller. The Comptroller of the Treasury is hereby authorized to exchange old and obsolete law books now in his office for new ones of recent date. Act March 15, 1898, c. 68, § 1, 30 Stat. 288. CHAPTER FOUR. The Auditors. Sec. Sec. 276. Auditors. 4. Regulations by heads of Depart- Act July 31, 1894, c. 174, $ 3. ments. Designations of Auditors, Deputy 5. Repeal. Auditors, and other subordinates. Act July 31, 1894, c. 174, $$ 7-9, 11-14, Act March 2, 1895, c. 177, 8 1. 20-25. Acting Deputy Auditors. 7. Settlement of accounts by Audi- 277. Duties of the Auditors. tors. Act July 16, 1892, c. 196, § 1. 8. Balances certified by Auditors, Settlement of claims for arrears of and revision of accounts. pay and bounty. 9. Effect of changes in designations Act March 29, 1894, c. 49. and transfer of duties of Comp- 1. Certificates of loss, instead of re- troller and Auditors. turns, of public property, to be 11. Requisitions for advances, and furnished. warrants. 2. Contents and effect of certificate. 12. Rendering accounts for settlement, 3. Manner of making returns or of and administrative examina- ascertaining liability not affect- tion. ed. 13. Settlement of judicial accounts. Sec. 276) Tit. 7—DEPARTMENT OF THE TREASURY—Ch. 4. 153 Sec. Sec. 14. Settlement of accounts without 286. Fixing date of loss of missing ves- administrative examination. sel. 20. Settlement of accounts of cus- 287. Accounts of petty officers, sea- toms officers. men, etc., on lost vessel. 21. Revision of accounts pending at 288. Compensation for personal effects time of change in system of ac- lost. counting. 289. Payment of accounts of deceased 22. Regulations by Secretary and petty officers, seamen, etc., of heads of Departments. lost vessel. 23. Claims disallowed or settled not 290. Allowance for effects of officer of to be re-examined. lost vessel. 24. Time when system of accounting Act March 3, 1885, c. 335. in force. Settlement of claims of officers and 25. Repeal. enlisted men for loss of property Act Feb. 19, 1897, c. 265, § 1. in military service. Inspection of books and papers of Act March 2, 1895, c. 190. disbursing officers. Settlement of claims of officers and Act March 2, 1901, c. 803. seamen for loss of property in naval Time for administrative examination service. of monthly accounts of Army ex- 291. Settlement of expenses of inter- penditures. course with foreign nations. 278. Settlement of accounts of Army 292. Collection of debts, etc., due the officers. Post-Office Department. 279. Signing bounty certificates, etc. 293. Accounts of money-order business. 280. Settlement of advance bounties 294. Accounts of expenses paid by paid by paymasters. postmasters. 281. Settlement of overpayments. by 295. Compromise of judgments. paymasters. 296. Papers required in suits for de- 282. Evidence of honorable discharge linquencies in Post-Office De- to be returned to officers and partment. enlisted men. 297. Auditors may administer oaths. Act June 6, 1900, c. 791. 298. Oaths in settlements with Sixth Drafts, etc., for claims of officers Auditor. and men for pay and allowances to 299. Settlement of accounts of district be delivered to payee without de- attorneys. duction of attorneys' fees. 300. Allowance of lost checks, 283. Manner of keeping accounts of 300A. Claims for quartermaster's Departments of War and the stores. Navy. 300B. Claims for subsistence, etc. 284. Settlement of accounts of pay- Act June 16, 1874, c. 285, $ 2. masters of lost or captured pub- Allowance and report of claims for lic vessels. stores and supplies. 285. Disbursements, etc., by order of Act April 30, 1878, c. 77, § 2. commanding officer of Navy. Fraudulent claims for more than justly due, or on false evidence. Sec. 276. Auditors. There shall be connected with the Department of the Treasury șix auditors of accounts, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be known as the First, Second, Third, Fourth, Fifth, and Sixth Audi- tors, respectively. Each Auditor is entitled to a salary of four thou- sand dollars a year. Act Sept. 2, 1789, c. 12, § 1, 1 Stat. 65. Act March 3, 1817, c. 45, $$ , . c 154 (Secs. 276–277 Tit. 7— DEPARTMENT OF THE TREASURY-Ch. 4. 3, 15, 3 Stat. 366, 368. Act July 2, 1836, c. 270, § 8, 5 Stat. 81. Act July 2, 1836, c. 270, $ 44, 5 Stat. 89. Act June 8, 1872, c. 335, $ 21, 17 Stat. 287. Act March 2, 1799, c. 38, § 1, 1 Stat. 729. Act March 3, 1873, c. 226, $ 3, 17 Stat. 508. Act March 3, 1875, c. 130, $ 2, 18 Stat. 397. Six Deputy Auditors, one in the office of each Auditor, were authorized by the provisions of the sundry civil appropriation act of 1875, relating to the organization of the Treasury Department, Act March 3, 1875, C. 130, $ 2, ante, under Rev. St. $ 235. The Sixth Auditor was designated therein as the Auditor of the Treasury for the Post Office Department. And authority was given to designate his Deputy, in the name of said Auditor, to sign letters and papers, by a provision of Act Mar 13, 1891, c. 541, § 1, 26 Stat. 920. But these provisions are to some extent superseded or rendered inop- erative by the subsequent changes in the organization of the Department and the offices therein, and in the system of accounting, by provisions of the legislative, executive, and judicial appropriation act of 1894, set forth below, and under other sections of this Title. The provisions of the above section are also modified by the changes in the designations of the Auditors and Deputy Auditors, by section 3 of said act of 1894, set forth below. ACT JULY 31, 1894, c. 174, $ 3. Designations of Auditors, Deputy Auditors, and other subordinates. The Auditors of the Treasury shall hereafter be designated as follows: The First Auditor as Auditor for the Treasury Depart- ment; the Second Auditor as Auditor for the War Department; the Third Auditor as Auditor for the Interior Department; the Fourth Auditor as Auditor for the Navy Department; the Fifth Auditor as Auditor for the State and other Departments; the Sixth Auditor as Auditor for the Post-Office Department. The designa- tions of the deputy auditors and other subordinates shall correspond with those of the Auditors. And each deputy auditor, in addition to the duties now required to be performed by him, shall sign, in the name of the Auditor, such letters and papers as the Auditor may direct. Act July 31, 1894, c. 174, $ 3, 28 Stat. 205. So far as this act relates to the Auditors and Deputy Auditors, it op- erates merely as changing their designations and as adding to and mod- ifying their duties and powers, and not as creating new offices; the act so providing by section 9, post, under Rev. St. $ 277. ACT MARCH 2, 1895, c. 177, § 1. Acting Deputy Auditors. Hereafter in case of the absence or sickness of any deputy auditor of the Treasury Department, the Secretary of the Treasury may, by an appointment under his hand and official seal, delegate to any officer, not below the grade of a fourth-class clerk, in the office of said auditor, the authority to perform the duties of deputy audi- tor until such absence or sickness shall cease. Act March 2, 1895, c. 177, § 1, 28 Stat. 777. Sec. 277. Duties of the Auditors. The duties of the Auditors shall be as follows: Sec. 277) 155 Tit. 7–DEPARTMENT OF THE TREASURY—Ch. 4. First. The First Auditor shall receive and examine all accounts accruing in the Treasury Department, all accounts relating to the receipts from customs, including accounts of collectors and other offi- cers of the customs, all accounts accruing on account of salaries in the Patent-Office, all accounts of the judges, marshals, clerks, and other officers, of all the courts of the United States, all accounts of the officer in charge of the public buildings and grounds in the District of Columbia, all accounts of the expenditures of the Department of Agriculture, all accounts relating to prisoners convicted in any court of the United States; and, after examination of such accounts re- lating to the receipts from customs, including the accounts of col- lectors and other officers of the customs, he shall certify the bal- ances and transmit the same, with the vouchers and certificates, to the Commissioner of Customs for his decision thereon, and he shall certify the balances of all other accounts, and transmit the same, in like manner, to the First Comptroller for his decision thereon. Second. The Second Auditor shall receive and examine all ac- counts relating to the pay and clothing of the Army, the subsistence of officers, bounties, and premiums, military and hospital stores, and the contingent expenses of the War Department, all accounts re- lating to Indian affairs, and to agents of lead and other mines of the United States; and, after examination of such accounts, he shall certify the balances, and transmit such accounts, with the vouchers and certificate, to the Second Comptroller for his deci- sion thereon. Third. The Third Auditor shall receive and examine all accounts relative to the subsistence of the Army, the Quartermaster's Depart- ment, and generally all accounts of the War Department other than those provided for; all accounts relating to pensions for the Army, and all accounts for compensation for the loss of horses and equip- ments of officers and enlisted men in the military service of the United States, and for the loss of horses and equipments, or of steamboats, and all other means of transportation, in the service of the United States by contract or impressment; and, after the ex- amination of such accounts, he shall certify the balances and shall transmit such accounts, with all the vouchers and papers and the certificate, to the Second Comptroller for his decision thereon. Fourth. The President may assign to either the Second or the Third Auditor the settlement of the accounts in the War Depart- ment existing at the conclusion of the war of eighteen hundred and twelve. Fifth. The Fourth Auditor shall receive and examine all accounts accruing in the Navy Department or relative thereto, and all ac- counts relating to Navy pensions; and, after examination of such accounts, he shall certify the balances, and shall transmit such ac- counts, with the vouchers and certificate, to the Second Comptroller for his decision thereon. Sixth. The Fifth Auditor shall receive and examine all accounts accruing in or relative to the Department of State, all accounts of the Commissioner of Internal Revenue, all accounts relating to the contingent expenses of the Patent-Office, and all accounts relating to the census. 156 (Sec. 277 Tit. 7—DEPARTMENT OF THE TREASURY—Ch. 4. Seventh. The Sixth Auditor shall receive all accounts arising in the Post-Office Department, or relative thereto, with the vouchers necessary to a correct adjustment thereof, and shall audit and settle the same and certify the balances thereon to the Postmaster-Gen- eral. He shall keep and preserve all accounts and vouchers after settlement. He shall close the account of the Department quar- terly, and transmit to the Secretary of the Treasury quarterly state- ments of its receipts and expenditures. He shall report to the Post- master-General, when required to do so, the manner and form of keeping and stating the accounts of the Department, and the official forms of papers to be used in connection with its receipts and ex- penditures. He shall report to the Postmaster-General all delin- quencies of postmasters in rendering their accounts and returns, or in paying over money-order funds and other receipts at their offices. He shall register, charge, and countersign all warrants upon the Treasury for receipts or payments issued by the Postmaster- General, when warranted by law. He shall perform such other du- ties in relation to the financial concerns of the Department as may be assigned to him by the Secretary of the Treasury, and make to the Secretary or to the Postmaster-General such reports respecting the same as either of them may require. Act March 3, 1817, c. 45, § 4, 3 Stat. 366. Act March 3, 1849, c. 108, 9 Stat. 395. Act July 20, 1868, c. 176, § 1, 15 Stat. 106. Act March 3, 1849, c. 129, § 3, 9 Stat. 415. Act July 28, 1866, c. 297, § 8, 14 Stat. 327. Act June 30, 1864, c. 173, 8 2, 13 Stat. 223. Act June 8, 1872, c. 335, § 22, 17 Stat. 287. Act June 16, 1874, c. 285, 18 Stat. 75. Act March 3, 1875, c. 128, 84, 18 Stat. 343. The system of accounting in the Department prescribed by the Revised Statutes is greatly changed by several statutes relating thereto, particu- larly as to the mode of rendering accounts to the officers of the Depart- ment, the distribution of accounts among the Auditors and their duties in regard thereto as prescribed by this section, and the further proceed- ings after settlement of accounts by the Auditors. The provisions of this section are, to a great extent, superseded or modified by the sub- sequent enactments set forth below; particularly Act.March 29, 1894, c. 49, and various sections of Act July 31, 1894, c. 174. Several subsequent special provisions affecting the duties of the Au- ditors as prescribed in the above section, or the rendering and adjust- ment of accounts, are superseded or rendered inoperative by provisions of said Act July 31, 1894, c. 174, set forth below, or by statutes sub- sequent thereto. A requirement that the Sixth Auditor should keep the accounts of his office so as to show the expenditures of the Post-Office Department un- der each item of appropriation, contained in Act March 3, 1875, c. 128, § 4, 18 Stat. 343, may be regarded as no longer applicable to his office, since the provisions of Act July 31, 1894, c. 174, § 7, set forth below, requiring him to certify balances arising on accounts examined by him, to the Postmaster-General for accounts of the postal revenue and expenditures therefrom, and to the Division of Bookkeeping and War- rants for other accounts. And a further requirement that the annual reports of the same Au- ditor, as Auditor for the Post-Office Department, to the Postmaster-Gen- eral, shall show the financial condition of the Post-Office Department at the close of each fiscal year, and be made a part of the Postmaster- General's annual report to Congress for that fiscal year, contained in Act July 12, 1876, c. 179, $ 4, 19 Stat. 80, may also be regarded as no longer applicable, since the provisions last above mentioned of Act July 31, 1894, c. 174, § 7, and the amendment of Rev. St. 413, relating to the Sec. 277) 157 Tit. 7-DEPARTMENT OF THE TREASURY—Ch. 4. annual reports of the Postmaster-General, by Act March 3, 1897, c. 385, § 1, incorporated in Rev. St. $ 413. A direction to the Commissioner of Agriculture to account and report to the proper accounting officers of the Treasury, in the same manner and at the same times as the heads of executive departments, contained in Act June 16, 1880, c. 252, $ 2, 21 Stat. 296, and repeated in Act March 3, 1881, c. 129, § 2, 21 Stat. 385, may be regarded as superseded by the change of the Department of Agriculture to an executive depart- ment, by Act Feb. 9, 1889, c. 122, post, under Rev. St. § 521, and the provision for examination of accounts of the Secretary and of the De- partment by the Auditor for the State and other Departments, in Act July 31, 1894, c. 174, § 7, set forth below. A provision as to the construction of subdivision second of the above section, as to claims for arrears of pay and bounty, is contained in the legislative, executive, and judicial appropriation act of 1892, set forth below. Provisions for compensation for loss of horses and equipments and of steamboats and other means of transportation, accounts for which are provided for by subdivision 3 of this section, are contained in Rev. St. $$ 3482-3488. ACT JULY 16, 1892, c. 196, § 1. Setèlement of claims for arrears of pay and bounty. That hereafter nothing in section two hundred and seventy-seven of the Revised Statutes shall be construed as to prevent the Sec- ond Auditor of the Treasury from disallowing claims for arrears of pay and bounty in cases where it appears from the records and files of his office that payment in full has already been made to the soldier himself, or to his widow or legal heirs : Provided, "That if any person whose claim may be disallowed be dissatisfied with the action of the Auditor, he may, within six months, appeal to the Second Comptroller; otherwise the Auditor's action shall be deemed final and conclusive and be subject to revision only by Congress or the proper courts. Act July 16, 1892, c. 196, § 1, 27 Stat. 194. ACT MARCH 29, 1894, c. 49. An Act to Regulate the Making of Property Returns by Officers of the Government. (28 Stat. 47.) Certificates of loss, instead of returns, of public property, to be fur- nished. Be it enacted, &c., That instead of forwarding to the accounting officers of the Treasury Department returns of public property en- trusted to the possession of officers or agents, the Quartermaster- General, the Commissary-General of Subsistence, the Surgeon-Gen- eral, the Chief of Engineers, the Chief of Ordnance, the Chief Sig- nal Officer, the Paymaster-General of the Navy, the Commissioner of Indian Affairs, or other like chief officers in any Department, by, through, or under whom stores, supplies, and other public property are received for distribution, or whose duty it is to receive or ex- amine returns of such property, shall certify to the proper account- ing officer of the Treasury Department, for debiting on the proper account, any charge against any officer or agent intrusted with pub- 158 (Sec. 277 Tit. 7-DEPARTMENT OF THE TREASURY—Ch. 4. lic property, arising from any loss, accruing by his fault, to the , Government as to the property so intrusted to him. Act March 29, 1894, c. 49, § 1, 28 Stat. 47. Contents and effect of certificate. Sec. 2. That said certificate shall set forth the condition of such officer's or agent's property returns, that it includes all charges made up to its date and not previously certified, that he has had a reasonable opportunity to be heard and has not been relieved of responsibility; the effect of such certificate, when received, shall be the same as if the facts therein set forth had been ascertained by the accounting officers of the Treasury Department in accounting. Act March 29, 1894, c. 49, $ 2, 28 Stat. 47. Manner of making returns or of ascertaining liability not affected. Sec. 3. That the manner of making property returns to or in any administrative bureau or department, or of ascertaining liability for property, under existing laws and regulations, shall not be affected by this Act, except as provided in section one; but in all cases aris- ing as to such property so intrusted the officer or agent shall have an opportunity to relieve himself from liability. Act March 29, 1894, c. 49, § 3, 28 Stat. 47. Regulations by heads of Departments. Sec. 4. That the heads of the several Departments are hereby em- powered to make and enforce regulations to carry out the provi- sions of this Act. Act March 29, 1894, c. 49, § 4, 28 Stat. 47. Repeal. Sec. 5. That all laws or parts of laws inconsistent with the provi- sions of this Act are hereby repealed. Act March 29, 1894, § 5, c 49, 28 Stat. 47. This is one of several acts suggested by the Joint Commission of Congress to inquire into and examine the status of the laws organizing the Executive Departments, authorized by Act March 3, 1893, c. 211, 27 Stat. 681. Provisions as to rendering accounts for settlement in the Department are contained in Act July 31, 1894, c. 174, § 12, set forth below. Provisions for acceptance of the affidavit of a commanding officer on settlement of military property accounts are contained in Rev. St. § 225; and provisions as to settlement of pursers' accounts for property lost on a public vessel are contained in Rev. St. $ 284. By General Orders, No. 22, Headquarters of the Army, July 6, 1894, the following regulations were promulgated under this act: “By direction of the Secretary of War, and in conformity with the above act [quoted in the order], the following is published for the infor- mation and guidance of all concerned: "1. All returns of stores or supplies will be rendered as required by regulations or orders, and will be forwarded within twenty days after the expiration of the accounting periods to the chief of the bureau to which the property pertains. Abstracts of purchases will be forwarded with the money accounts. “II. As soon as possible after the receipt of the return by the proper chief of bureau it will be examined in his office, and the officer making the return will be notified of all errors and irregularities found therein and granted three months to correct them. Suspensions or disallowances 9 Sec. 277) 159 Tit. 7—DEPARTMENT OF THE TREASURY—Ch. 4. will not be made on account of slight informalities which do not affect the validity of the voucher, but the officer's attention may be called to them. Whenever the errors have been corrected, or compensation has been made for deficient articles, and the action of the bureau chief is sustained or modified by the Secretary of War, the return will be re- garded as settled and the officer who rendered the return will be notified accordingly. "I11. If the necessary corrections in the return be not made within the prescribed time the facts will be reported to the Secretary of War. When it has been determined that the money value of the property for which an officer has failed to account shall be refunded to the United States, the facts will be certified to the proper acccunting officer of the Treasury by the chief of bureau, "The provisions of the above act and regulations are applicable to all property returns rendered for any period of accountability subsequent to March 31, 1894. “Paragraphs 1327, 1328, 1329, 1330, 1332, and section 7, paragraph 1431, Army Regulations 1899, are hereby revoked.” ACT JULY 31, 1894, c. 174, $$ 7-9, 11-14, 20-25. [As amended 1895, 1896.] Settlement of accounts by Auditors. Sec. 7. Accounts shall be examined by the Auditors as follows: First. The Auditor for the Treasury Department shall receive and examine all accounts of salaries and incidental expenses of the office of the Secretary of the Treasury and all bureaus and offices under his direction, all accounts relating to the customs service, public debt, internal revenue, Treasurer and assistant treasurers, mints and as- say offices, Bureau of Engraving and Printing, Coast and Geodetic Survey, Revenue-Cutter Service, Life-Saving Service, Light-House Board, Marine-Hospital Service, public buildings, Steamboat-Inspec- tion Service, immigration, navigation, Secret Service, Alaskan fur- seal fisheries, and to all other business within the jurisdiction of the Department of the Treasury, and certify the balances arising thereon to the Division of Bookkeeping and Warrants. Second. The Auditor for the War Department shall receive and examine all accounts of salaries and incidental expenses of the of- tice of the Secretary of War and all bureaus and offices under his direction, all accounts relating to the military establishment, ar- mories and arsenals, national cemeteries, fortifications, public build- ings and grounds under the Chief of Engineers, rivers and harbors, the Military Academy, and to all other business within the juris- diction of the Department of War, and certify the balances arising thereon to the Division of Bookkeeping and Warrants, and send forthwith a copy of each certificate to the Secretary of War. Third. The Auditor for the Interior Department shall receive and examine all accounts of salaries and incidental expenses of the of- fice of the Secretary of the Interior, and of all bureaus and offices under his direction, and all accounts relating to Army and Navy pensions, Geological Survey, public lands, Indians, Architect of the Capitol, patents, census, and to all other business within the juris- diction of the Department of the Interior, and certify the balances arising thereon to the Division of Bookkeeping and Warrants, and 160 Tit. 7—DEPARTMENT OF THE TREASURY-Ch. 4. (Sec. 277 send forthwith a copy of each certificate to the Secretary of the In- terior. Sections two hundred and seventy-three and two hundred and sev- enty-five of the Revised Statutes are repealed. Section four hundred and fifty-six of the Revised Statutes is amended to read as follows: “Sec. 456. All returns relative to the public lands shall be made to the Commissioner of the General Land Office.” Fourth. The Auditor for the Navy Department shall receive and examine all accounts of salaries and incidental expenses of the office of the Secretary of the Navy, and of all bureaus and offices under his direction, all accounts relating to the Naval Establishment, Ma- rine Corps, Naval Academy, and to all other business within the jurisdiction of the Department of the Navy, and certify the balances arising thereon to the Division of Bookkeeping and Warrants, and send forthwith a copy of each certificate to the Secretary of the Navy. Fifth. The Auditor for the State and other Departments shall re- ceive and examine all accounts of salaries and incidental expenses of the offices of the Secretary of State, the Attorney-General, and the Secretary of Agriculture, and of all bureaus and offices under their direction; all accounts relating to all other business within the juris- diction of the Departments of State, Justice, and Agriculture; all accounts relating to the diplomatic and consular service, the judicia- ry, United States courts, judgments of United States courts, Ex- ecutive Office, Civil Service Commission, Interstate Commerce Com- mission, Department of Labor, District of Columbia, Fish Com- mission, Court of Claims and its judgments, Smithsonian Institution, Territorial governments, the Senate, the House of Representatives, the Public Printer, Library of Congress, Botanic Garden, and ac- counts of all boards, commissions, and establishments of the Gov- ernment not within the jurisdiction of any of the Executive Depart- ments. He shall certify the balances arising thereon to the Division of Bookkeeping and Warrants, and send forthwith a copy of each certificate, according to the character of the account, to the Secre- tary of the Senate, Clerk of the House of Representatives, Sergeant- at-Arms of the House of Representatives, or the chief officer of the Executive Department, commission, board, or establishment con- cerned. Sixth. The Auditor for the Post-Office Department shall receive and examine all accounts of salaries and incidental expenses of the office of the Postmaster-General and of all bureaus and offices un- der his direction, all postal and money-order accounts of post- masters, all accounts relating to the transportation of the mails, and to all other business within the jurisdiction of the Post-Office De- partment, and certify the balances arising thereon to the Postmaster- General for accounts of the postal revenue and expenditures there- from, and to the Division of Bookkeeping and Warrants for other accounts, and send forthwith copies of the certificates in the latter cases to the Postmaster-General. The further duties of this Auditor shall continue as now defined Sec. 277) 161 Tit. 7-DEPARTMENT OF THE TREASURY-Ch. 4. by law, except as the same are modified by the provisions of this Act. Act July 31, 1894, c. 174, 87, 28 Stat. 206. The legislative, executive, and judicial appropriation act of 1894, of which this section is part, contains, in sections 3 to 23, a series of pro- visions relating to the organization of the Department and the system of accounting therein, which change the designations of offices and add to and modify their duties and powers, abolish certain offices and trans- fer their duties and powers to others, and alter the methods of render- ing and settling accounts. These provisions are an important part of the enactments suggested by the Joint Commission of Congress to in- quire into and examine the status of the laws organizing the Executive Departments, authorized by Act March 3, 1893, c. 211, 27 Stat. 681. Such of these sections as affect particular officers of the Department are set forth under the chapters and sections of this Title which relate to those officers. Section 3, which changes the designations of the Au- ditors, is under Rev. St. $ 276. Sections 4 to 6, which relate to the office of the Comptroller, are under the preceding chapter, S$ 268,275. Section 7 and subsequent sections which relate to the settlement of ac- counts by the Auditors, the rendering of accounts for that purpose, the revision of accounts so settled, and further proceedings thereon, are set forth here. Rev. St. $$ 273, 275, repealed by subdivision 3 of this section, prescribed the duties of the Second Comptroller. The amendment of Rev. St. $ 456, by the same subdivision, consists in the omission of provisions for the settlement, by the Commissioner of the General Land Office, of accounts relative to the public lands. The further duties of the Auditor for the Post-Office Department, referred to in the last clause of the above section, as those defined by law, except as modified by this act, were prescribed by Rev. St. 8, 270, repealed by this act, $ 277, subd. 7, S$ 292–300, 404-409, 792, 889, 3674, 3829, 3830, 3834-3836, 3856, 3862. 3864, 4020, 4049, 4050, 4055; also by Act March 3, 1875, c. 128, § 4, 18 Stat. 343; Act July 12, 1876, c. 179, SS 4, 6, 19 Stat. 80; Act May 17, 1878, c. 107, § 3, 20 Stat. 61; Act Feb. 4, 1879, c. 45, 20 Stat. 281; Act Aug. 5, 1882, c. 389, § 1, 22 Stat. 219; Act Jan. 22, 1894, c. 17, 28 Stat. 28; Act Jan. 27, 1894, c. 21, § 4, 28 Stat. 32. Contracts requiring the advance of money, or connected with the set- tlement of public accounts, are required to be deposited in the offices of the Auditors of the Treasury, according to their nature, by Rev. St. § 3743, as amended by section 18 of this act, incorporated in that sec- tion. Balances certified by Auditors, and revision of accounts. Sec. 8. The balances which may from time to time be certified by the Auditors to the Division of Bookkeeping and Warrants, or to the Postmaster-General, upon the settlements of public accounts, shall be final and conclusive upon the Executive Branch of the Govern- ment, except that any person whose accounts may have been set- tled, the head of the Executive Department, or of the board, com- mission, or establishment not under the jurisdiction of an Executive Department, to which the account pertains, or the Comptroller of the Treasury, may, within a year, obtain a revision of the said ac- count by the Comptroller of the Treasury, whose decision upon such revision shall be final and conclusive upon the Executive Branch of the Government: Provided, That the Secretary of the Treasury may, when in his judgment the interests of the Government require it, suspend payment and direct the re-examination of any account. Upon a certificate by the Comptroller of the Treasury of LAWS '01-11 any dif- 162 (Sec. 277 Tit. 7—DEPARTMENT OF THE TREASURY_Ch. 4. ferences ascertained by him upon revision the Auditor who shall have audited the account shall state an account of such differences, and certify it to the Division of Bookkeeping and Warrants, except that balances found and accounts stated as aforesaid by the Auditor for the Post-Office Department for postal revenues and expendi- tures therefrom shall be certified to the Postmaster-General. Any person accepting payment under a settlement by an Auditor shall be thereby precluded from obtaining a revision of such set- tlement as to any items upon which payment is accepted; but noth- ing in this Act shall prevent an Auditor from suspending items in an account in order to obtain further evidence or explanations neces- sary to their settlement. When suspended items are finally settled a revision may be had as in the case of the original settlement. Action upon any account or business shall not be delayed awaiting applications for revision: Provided, That the Secretary of the Treasury shall make regulations fixing the time which shall expire before a warrant is issued in payment of an account certified as provided in sections seven and eight of this Act. The Auditors shall, under the direction of the Comptroller of the Treasury, preserve, with their vouchers and certificates, all accounts which have been finally adjusted. All decisions by Auditors making an original construction or modifying an existing construction of statutes shall be forthwith re- ported to the Comptroller of the Treasury, and items in any ac- count affected by such decisions shall be suspended and payment thereof withheld until the Comptroller of the Treasury shall approve, disapprove, or modify such decisions and certify his actions to the Auditor. All decisions made by the Comptroller of the Treasury under this Act shall be forthwith transmitted to the Auditor or Auditors whose duties are affected thereby. Disbursing officers, or the head of any Executive Department, or other establishment not under any of the Executive Departments, may apply for and the Comptroller of the Treasury shall render his decision upon any question involving a payment to be made by them or under them, which decision, when rendered, shall govern the Auditor and the Comptroller of the Treasury in passing upon the account containing said disbursement. Sections one hundred and ninety-one and two hundred and sev- enty of the Revised Statutes are repealed. Act July 31, 1894, c. 174, § 8, 28 Stat. 207. Rev. St. § 191, repealed by the above section, made settlements of public accounts in the Treasury Department conclusive upon the execu- tive branch of the Government. Rev. St. § 270, also repealed thereby, authorized an appeal to the First Comptroller from settlements of postal Substitutes for both sections are contained in the provisions above set forth. Effect of changes in designations and transfer of duties of Comptroller and Auditors. Sec. 9. This Act, so far as it relates to the First Comptroller of the Treasury and the several Auditors and Deputy Auditors of the Treasury, shall be held and construed to operate merely as changing Sec. 277) Tit. 7–DEPARTMENT OF THE TREASURY—Ch. 4. 163 their designations and as adding to and modifying their duties and powers, and not as creating new officers. All laws not inconsistent with this Act, relating to the Auditors of the Treasury in connection with any matter, shall be understood in each case to relate to the Auditor to whom this Act assigns the business of the Executive Department or other establishments con- cerned in that matter. Act July 31, 1894, c. 174, $ 9, 28 Stat. 208. Section 10 of this act, which establishes the Division of Bookkeeping and Warrants, in which are to be kept all accounts of receipts and ex- penditures of public money except those relating to the postal revenue and expenditures therefrom, and repeals Rev. St. $ 313, and so much of Rev. St. $$ 283, 3675, as requires those accounts to be kept by certain Auditors and the Register of the Treasury, is set forth ante, under Rev. St. 8 235. Requisitions for advances, and warrants. Sec. II. Every requisition for an advance of money, before being acted on by the Secretary of the Treasury, shall be sent to the proper Auditor for action thereon as required by section twelve of this Act. All warrants, when authorized by law and signed by the Secretary of the Treasury, shall be countersigned by the Comptroller of the Treasury, and all warrants for the payment of money shall be ac- companied either by the Auditor's certificate, mentioned in section seven of this Act, or by the requisition for advance of money, which certificate or requisition shall specify the particular appropriation to which the same should be charged, instead of being specified on the warrant, as now provided by section thirty-six hundred and seven- ty-five of the Revised Statutes; and shall also go with the warrant to the Treasurer, who shall return the certificate or requisition to the proper Auditor, with the date and amount of the draft issued indorsed thereon. Requisitions for the payment of money on all audited accounts, or for covering money into the Treasury, shall not hereafter be required. And requisitions for advances of money shall not be countersigned by the Comptroller of the Treasury. Section two hundred and sixty-nine and so much of section three hundred and five of the Revised Statutes as requires the Register of the Treasury to record warrants is repealed. Act July 31, 1894, c. 174, § 11, 28 Stat. 209. Rev. St. $ 269, repealed by this section, prescribes the duties of the First Comptroller. It is superseded by various provisions of this act. By Department circular, No. 145, of September 29, 1894, the Secre- tary of the Treasury made the following order: "To the Heads of Bureaus and Offices, Treasury Department, and Chiefs of Divisions, Secretary's Office, Treasury Department: It is hereby directed that, on and after October 1 next, all requisitions for advances to disbursing officers shall be signed by the head of the proper bureau instead of by the disbursing officers themselves; and that requi- sitions upon drafts drawn upon the Secretary of the Treasury by consu- lar officers shall originate in the Office of the Auditor for the State and other Departments, and be signed by him instead of by the Comp- troller, as heretofore.” The following order was addressed to the disbursing clerks of the Treasury Department by the Secretary of the Treasury, September 29, “The Disbursing Clerks, U. S. Treasury Department. Gentlemen: 1894: 164 (Sec. 277 Tit. 7— DEPARTMENT OF THE TREASURY —Ch. 4. Referring to the requirements of Department circular, No. 145, 1894, 'that on and after October 1 next, all requisitions for advances to dis- bursing officers shall be signed by the head of the proper bureau, instead of by the disbursing officers themselves, you are hereby notified that, by direction of the Secretary, all requisitions for advances to disbursing offi- cers, for expenditures on account of personal service under the Treasury Department, will be signed by the chief of the division of appointments, Secretary's office.” In consonance with the foregoing, a like order was issued October 4, 1894, to the chief of the division of appointments: "Referring to the requirement of Department circular, No. 145, 1894, that on and after October 1 next, all requisitions for advances to dis- bursing officers shall be signed by the head of the proper bureau instead of by the disbursing officers themselves, you are hereby authorized and directed to sign all requisitions for advances to disbursing officers for expenditures on account of personal service under the Treasury Depart- ment." By Department circular, No. 150, of October 6, 1894, the Secretary of the Treasury made the following order: "To Officers of the Customs and Treasury Department: It is hereby ordered that all estimates or requisitions of any kind or character, drawn by authorized officers, for advances or allowances of funds for expenses on account of collecting the revenue from customs, shall be sent to the division of appointments, Secretary's office, Treasury Department, for record and action." Rendering accounts for settlement, and administrative examination. Sec. 12. All monthly accounts shall be mailed or otherwise sent to the proper officer at Washington within ten days after the end of the month to which they relate, and quarterly and other accounts within twenty days after the period to which they relate, and shall be trans- mitted to and received by the Auditors within twenty days of their actual receipt at the proper office in Washington in the case of monthly, and sixty days in the case of quarterly and other accounts. Should there be any delinquency in this regard at the time of the receipt by the Auditor of a requisition for an advance of money, he shall disapprove the requisition, which he may also do for other reasons arising out of the condition of the officer's accounts for whom the advance is requested; but the Secretary of the Treasury may overrule the Auditor's decision as to the sufficiency of these latter reasons: Provided, That the Secretary of the Treasury shall prescribe suitable rules and regulations, and may make orders in particular cases, relaxing the requirement of mailing or otherwise sending accounts, as aforesaid, within ten or twenty days, or waiv- ing delinquency, in such cases only in which there is, or is likely to be, a manifest physical difficulty in complying with the same, it be- ing the purpose of this provision to require the prompt rendition of accounts without regard to the mere convenience of the officers, and to forbid the advance of money to those delinquent in render- ing them: Provided further, That should there be a delay by the administrative Departments beyond the aforesaid twenty or sixty days in transmitting accounts, an order of the President, or, in the event of the absence from the seat of Government or sickness of the President, an order of the Secretary of the Treasury, in the particular case, shall be necessary to authorize the advance of money requested: And provided further, That this section shall not apply Sec. 277) Tit. 7-DEPARTMENT OF THE TREASURY—Ch. 4. 165 to accounts of the postal revenue and expenditures therefrom, which shall be rendered as now required by law. The Secretary of the Treasury shall, on the first Monday of Jan- uary in each year, make report to Congress of such officers and administrative departments and offices of the Government as were, respectively, at any time during the last preceding fiscal year de- linquent in rendering or transmitting accounts to the proper offices in Washington and the cause therefor, and in each case indicating whether the delinquency was waived, together with such officers, including postmasters and officers of the Post-Office Department, as were found upon final settlement of their accounts to have been indebted to the Government, with the amount of such indebtedness in each case, and who, at the date of making report, had failed to pay the same into the Treasury of the United States. Sections two hundred and fifty and two hundred and seventy-two of the Revised Statutes are repealed. Section thirty-six hundred and twenty-two of the Revised Statutes is amended by striking therefrom the following words: “The Sec- retary of the Treasury may, if in his opinion the circumstances of the case justify and require it, extend the time hereinbefore prescribed for the rendition of accounts." Act July 31, 1894, c. 174, § 12, 28 Stat. 209. Act March 2, 1895, c. 177, § 4, 28 Stat. 807. Act May 28, 1896, c. 252, § 4, 29 Stat. 179. This section is a substitute for and addition to some of the provisions of Rev. St. $ 3662, part of which is stricken out. The amendment of this section by Act March 2, 1895, c. 177, § 4, cited above, consists in the insertion, in the second proviso, of the clause pro- viding that, "in the event of the absence from the seat of Government or sickness of the President, an order of the Secretary of the Treasury" may authorize the advance of money; the section originally enacted having provided only for an order of the President for such purpose. The amendment of this section by Act May 28, 1896, c. 252, § 4, cited above, consists in inserting, after the third proviso, the above provision for a report to Congress by the Secretary of the Treasury of officers, etc., delinquent in rendering accounts or in making payment on settle- ment of accounts, instead of the provision originally enacted, requiring merely a report, on the date specified, "of such officers as are then delin- quent in the rendering of their accounts or in the payment of balances found due from them for the last preceding fiscal year." Rev. St. $ 250, repealed by this section, empowered the Secretary of the Treasury to require settlements of accounts of public money within the fiscal year or other fixed period. Rev. St. $ 272, also repealed there- by, required a report to Congress by the First Comptroller of officers failing to make settlement. The time for the administrative examination of monthly accounts of expenditures for the Army is extended from 20 days, as limited by this section, to 60 days, by a provision of Act March 2, 1901, c. 803, set forth below. Heads of Departments and other officers are required to make regu- lations to secure a proper administrative examination of accounts, as required by this section, before transmission to the Auditors, by section 22 of the act, set forth below. Special provisions as to accounts in the customs service are contained in Rev. St. 88 2639, 2615, 2647. Distinct accounts, according to the appropriation, of public money, are l'equired by Rev. St. § 3623. Failure of an officer to render account of public money is declared to be and punished as embezzlement, by Rev. St. $ 5491. By letter of September 29, 1894, to the Secretary of the Interior, the 166 Tit. 7–DEPARTMENT OF THE TREASURY—Ch. 4. (Sec. 277 Secretary of the Treasury made the following order under this provi- sion: "You are respectfully requested to notify the proper officer of your Department that in accordance with authority contained in section 12 of the ‘Act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, 1895, and for other purposes,' which provides that the Secretary of the Treasury * * * 'may make orders in particular cases, relaxing the requirements of mailing or otherwise sending accounts, as aforesaid, within ten or twenty days, or waiving delinquency, in such cases only in which there is, or is likely to be, a manifest physical difficulty in com- plying with the same,' * * * * the requirements of Department cir- cular No. 114 are hereby modified so far as relates to rendition of ac- counts of pension agents for the same months in which the quarterly payments at their agencies fall due and the period for the rendition of such accounts is hereby extended to twenty-five days after the close of the morth to which they relate, there being a manifest difficulty in rendering such accounts within the ten days prescribed by section 12 of the act of July 31, 1894.” Settlement of judicial accounts. Sec. 13. Before transmission to the Department of the Treasury, the accounts of district attorneys, assistant attorneys, marshals, commis- sioners, clerks, and other officers of the courts of the United States, except consular courts, made out and approved as required by law, and accounts relating to prisoners convicted or held for trial in any court of the United States, and all other accounts relating to the business of the Department of Justice or of the courts of the United States other than consular courts, shall be sent with their vouchers to the Attorney-General and examined under his supervision. Judges receiving salaries from the Treasury of the United States shall be paid monthly by the disbursing officer of the Department of Justice, and to him all certificates of nonabsence or of the cause of absence of judges in the Territories shall be sent. Interstate Commerce Commissioners and other officers, now paid as judges are, shall be paid monthly by the proper disbursing officer or officers. Act July 31, 1894, c. 174, § 13, 28 Stat. 210. Settlement of accounts without administrative examination. Sec. 14. In the case of claims presented to an Auditor which have not had an administrative examination, the Auditor shall cause them to be examined by two of his subordinates independently of each other. Act July 31, 1894, c. 174, § 14, 28 Stat. 210. Section 15 of this act, requiring the Secretary of the Treasury to make annual reports to Congress of the receipts and expenditures of all public moneys, is set forth ante, under Rev. St. $ 257. Section 16 of this act amends Rev. St. $ 307. Section 17 of this act, providing for the certification, by the Secretary or an Assistant Secretary of the Treasury, of transcripts from the rec- ords, etc., of the Department, as evidence in suits against delinquents, instead of certification by the Register or Auditors, as provided by Rev. St. $ 886, is set forth under that section. Section 18 of this act amends Rev. St. $ 3743. Section 19 of this act amends Rev. St. $ 2639. Settlement of accounts of customs officers. Sec. 20. It shall be the duty of the collectors of customs and other officers of customs to transmit, with their accounts, to the officers Sec. 277) Tit. 7–DEPARTMENT OF THE TREASURY —Ch. 4. 167 charged with the settlement of their accounts, all such papers, records, or copies thereof relating to their transactions as officers of customs as the Secretary of the Treasury may direct. Act July 31, 1894, c. 174, § 20, 28 Stat. 210. Revision of accounts pending at time of change in system of account- ing. Sec. 21. All accounts stated by the Auditors before the first day of October, eighteen hundred and ninety-four, and then pending for set- tlement in the offices of the First or Second Comptroller, or the Com- missioner of Customs, shall be revised by the Comptroller of the Treasury in the manner provided by existing law, and the balances arising thereon shall be certified to the Division of Bookkeeping and Warrants. Act July 31, 1894, c. 174, $ 21, 28 Stat. 210. Regulations by Secretary and heads of Departments. Sec. 22. It shall be the duty of the Secretary of the Treasury to make appropriate rules and regulations for carrying out the provi- sions of this Act, and for transferring or preserving books, papers, or other property appertaining to any office or branch of business af- fected by it. It shall also be the duty of the heads of the several Executive Departments and of the proper officers of other Government estab- lishments, not within the jurisdiction of any Executive Department, to make appropriate rules and regulations to secure a proper. ad- ministrative examination of all accounts sent to them, as required by section twelve of this Act, before their transmission to the Audi- tors, and for the execution of other requirements of this Act in so far as the same relate to the several Departments or establishments. Act July 31, 1894, c. 174, § 22, 28 Stat. 210. Regulations for rendering accounts for settlement are provided for by section 12 of this act, set forth above. The examination of claims which have not had an administrative ex- amination is provided for by section 14 of this act, set forth above. Claims disallowed or settled not to be re-examined. Sec. 23. Nothing in this Act shall be construed to authorize the re- examination and payment of any claim or account which has hereto- fore been disallowed or settled. Act July 31, 1894, c. 174, $ 23, 28 Stat. 211. Time when system of accounting in force. Sec. 24. The provisions of sections three to twenty-three inclusive of this Act shall be in force on and after the first day of October, eighteen hundred and ninety-four. Act July 31, 1894, c. 174, $ 24, 28 Stat. 211. Repeal Sec. 25. All laws or parts of laws inconsistent with this Act are repealed. Act July 31, 1894, c. 174, § 25, 28 Stat. 211. The system of accounting in the Treasury Department in existence before the passage of this act is fully explained in 13 Ct. Cl. 292. 168 (Secs. 277-279 Tit. 7—DEPARTMENT OF THE TREASURY --Ch. 4. ACT FEB. 19, 1897, c. 265, § 1. Inspection of books and papers of disbursing officers. All books, papers, and other matters relating to the office or ac- counts of disbursing officers of the Executive Departments, and com- missions, boards, and establishments of the Government in the Dis- trict of Columbia shall at all times be subject to inspection and examination by the Comptroller of the Treasury and the Auditor of the Treasury authorized to settle such accounts, or by the duly authorized agents of either of said officials. Act Feb. 19, 1897, c. 265, § 1, 29 Stat. 550. ACT MARCH 2, 1901, c. 803. Time for administrative examination of monthly accounts of Army ex- penditures. The time for examination of monthly accounts, covering expendi- tures from appropriations for the Army, by the bureaus and offices of the War Department, after the date of actual receipt and before trans- mitting the same to the Auditor for the War Department, as limited by section twelve, Act approved July thirty-first, eighteen hundred and ninety-four, is hereby extended from twenty to sixty days. Act March 2, 1901, c. 803, 31 Stat. 910. This is a provision of the Army appropriation act for the fiscal year ending June 30, 1902, cited above. A temporary provision for a similar extension of the time for exami- nation of such accounts, during a period of one year from the passage of the act, was made by Act Dec. 20, 1899, c. 1, 31 Stat. 1. Sec. 278. Settlement of accounts of Army officers. The Second Auditor shall audit and settle the accounts of line officers of the Army, to the extent of the pay due them for their services as such, notwithstanding the inability of any such line offi- cer to account for property intrusted to his possession, or to make his monthly reports or returns, if such Auditor shall be satisfied by the affidavit of the officer or otherwise that the inability was caused by the officer's having been a prisoner in the hands of the enemy, or by any accident or casualty of war. Res. March 29, 1867, No. 22, 15 Stat. 25. The designation of the Second Auditor is changed to Auditor for the War Department by Act July 31, 1894, c. 174, $ 3, ante, under Rev. St. $ 276, and his duties are prescribed by section 7 and subsequent sec- tions of that act, ante, under Rev. St. $ 277. Sec. 279. Signing bounty certificates, etc. The Second Auditor may detail one clerk to sign, in the place of the Auditor, all certificates and papers issued under any provisions Secs. 279-282) Tit. 7-DEPARTMENT OF THE TREASURY-Ch. 4. 169 of law relating to bounties; but the Auditor shall be responsible for the official acts of such clerk. Act March 19, 1868, c. 31, § 4, 15 Stat. 44. See note under Rev. St. $ 278 as to change of designation and duties of Second Auditor. Rev. St. $ 275, which contained a similar provision relating to the Sec- ond Comptroller, is repealed by Act July 31, 1894, c. 174, 8 7. Sec. 280. Settlement of advance bounties paid by paymasters. Any moneys paid by a paymaster in the Army to an enlisted man as an advance bounty shall be allowed in the settlement of the ac- counts of the paymaster, notwithstanding the discharge of such en- listed man before serving the time required by law to entitle him to payment of such moneys. Act March 3, 1863, c. 78, $ 6, 12 Stat. 743. Sec. 281. Settlement of overpayments by paymasters. The proper accounting officers are authorized, in the settlement of the accounts of the paymasters of the Army, to allow such cred- its for overpayments made in good faith on public account, since the fourteenth day of April, eighteen hundred and sixty-one, and before the sixteenth day of March, eighteen hundred and sixty-eight, as shall appear to them, by such vouchers and testimony as they shall require, to be just. Act March 16, 1868, c. 29, 15 Stat. 42. Sec. 282. Evidence of honorable discharge to be returned to officers and enlisted men. In all cases where it has become necessary for any officer or en- listed man of the Army to file his evidence of honorable discharge from the military service of the United States, to secure the settle- ment of his accounts, the accounting officer with whom it has been filed shall, upon application by said officer or enlisted man, deliver to him such evidence of honorable discharge; but his accounts shall first be duly settled, and the fact, date, and amount of such settle- ment shall be clearly written across the face of such evidence of honorable discharge, and attested by the signature of the account- ing officer before it is delivered. Res. May 4, 1870, No. 42, 16 Stat. 374. ACT JUNE 6, 1900, c. 791. Drafts, etc., for claims of officers and men for pay and allowances to be delivered to payee without deduction of attorneys' fees. That in the settlement of claims of officers, soldiers, sailors, and ma- rines, or their representatives, and all other claims for pay and allow- ances within the jurisdiction of the Auditor for the War Department 170 (Secs. 282–284 Tit. 7— DEPARTMENT OF THE TREASURY --Ch. 4. or the Auditor for the Navy Department, presented and filed hereafter in which it is the present practice to make deductions of attorneys' fees from the amount found due, no deductions of fees for attorneys or agents shall hereafter be made, but the draft, check, or warrant for the full amount found due shall be delivered to the payee in person or sent to his bona fide post-office address (residence or place of business). Act June 6, 1900, c. 791, § 1, 31 Stat. 637. This is a proviso annexed to an appropriation for arrears of pay, bounty, etc., in the sundry civil appropriation act for the year ending June 30, 1901, cited above. Provisions for issue of duplicate of lost certificate of discharge are con- tained in Rev. St. $ 224. Sec. 283. [Repealed in part 1894. ] Manner of keeping accounts of Departments of War and the Navy. The Auditors charged with the examination of the accounts of the Departments of War and of the Navy, shall keep all accounts of the receipts and expenditures of the public money in regard to those Departments, and of all debts due to the United States on moneys advanced relative to those Departments; shall receive from the Second Comptroller the accounts which shall have been finally adjusted, and shall preserve such accounts, with their vouchers and certificates, and record all requisitions drawn by the Secretaries of those Departments, the examination of the accounts of which has been assigned to them. They shall annually, on the first Monday in November, severally report to the Secretary of the Treasury the application of the money appropriated for the Department of War and the Department of the Navy, and they shall make such reports on the business assigned to them as the Secretaries of those De- partments may deem necessary and require. Act March 3, 1817, c. 45, SS 5, 6, 3 Stat. 367. Act July 31, 1894, c. 174, 8 10, 28 Stat. 208. So much of this section as requires these accounts to be kept by the Auditors is repealed by Act July 31, 1894, c. 174, $ 10, ante, under Rev. St. $ 235, which established the Division of Bookkeeping and Warrants, and provided for keeping on the books of that division, all accounts of receipts and expenditures of public money except those relating to postal revenues and expenditures therefrom. Sec. 284. [As amended 1875.] Settlement of accounts of paymasters of lost or captured public vessels. In every case of the loss or capture of a vessel belonging to the Navy of the United States, the proper accounting officers of the Treasury, under the direction of the Secretary of the Navy, are au- thorized, in the settlement of the accounts of the paymaster of such vessel, to credit him with such portion of the amount of the provi- sions, clothing, small stores, and money, with which he stands , charged on the books of the Fourth Auditor of the Treasury, as they shall be satisfied was inevitably lost by such capture or loss of a public vessel; and such purser shall be fully exonerated by Secs. 284-287) Tit. 7— DEPARTMENT OF THE TREASURY—Ch. 4. 171 such credit from all liability on account of the provisions, clothing, small stores, and money so proved to have been captured or lost. Act March 3, 1847, c. 48, § 6, 9 Stat. 173. Act Feb. 18, 1875, C. 80, 18 Stat. 317. The amendment of this section by Act Feb. 18, 1875, c. 80, cited above, consists in the insertion of the word "paymaster," instead of "purser," contained in the first clause of the section as originally enacted. Sec. 285. Disbursements, etc., by order of commanding officer of Navy. Every disbursement of public moneys, or disposal of public stores, made by a disbursing officer pursuant to an order of any command- ing officer of the Navy, shall be allowed by the proper accounting officers of the Treasury, in the settlement of the accounts of the officer, upon satisfactory evidence of the making of such order, and of the payment of money or disposal of stores in conformity with it; and the commanding officer by whose order such disburse- ment or disposal was made, shall be held accountable for the same. Res. March 3, 1849, No. 17, § 2, 19 Stat. 419. Sec. 286. Fixing date of loss of missing vessel. The proper accounting officers of the Treasury are authorized, under the direction of the Secretary of the Navy, in settling the accounts of seamen, and others, not officers, borne on the books of any vessel in the Navy which shall have been wrecked, or which shall have been unheard from so long that her wreck may be pre- sumed, or which shall have been destroyed or lost with the rolls and papers necessary to a regular and exact settlement of such accounts, to fix a day when such wreck, destruction, or loss shall be deemed to have occurred. Act July 4, 1864, c. 248, § 1, 13 Stat. 389. Sec. 287. Accounts of petty officers, seamen, etc., on lost vessel. The proper accounting officers of the Treasury are authorized, in settling the accounts of the petty officers, seamen, and others, not officers, on board of any vessel in the employ of the United States, which by any casualty, or in action with the enemy, has been or may be sunk or otherwise destroyed, together with the rolls and papers necessary to the exact ascertainment of the several accounts of the same at the date of such loss, to assume the last quarterly return of the paymaster of any such vessel as the basis for the computation of the subsequent credits to those on board, to the date of such loss, if there be no official evidence to the contrary. Where such quarterly return has, from any cause, not been made, the accounting officers are authorized to adjust and settle such ac- counts on principles of equity and justice. Act July 4, 1864, c. 248, § 2, 13 Stat. 390. 172 Tit. 7—DEPARTMENT OF THE TREASURY —Ch. 4. (Secs. 288-290 Sec. 288. Compensation for personal effects lost. The proper accounting officers of the Treasury Department are authorized, in settling the accounts of the petty officers, seamen, and others, not officers, on board of any vessel in the employ of the United States, which, by any casualty, or in action with the enemy, has been or may be sunk or otherwise destroyed, to allow and pay to each person, not an officer, employed on the vessel so sunk or destroyed, and whose personal effects have been lost, a sum not exceeding sixty dollars, as compensation for the loss of his per- sonal effects. Act July 4, 1864, c. 248, § 2, 13 Stat. 390. A permanent appropriation for payment of indemnity to seamen and marines for lost clothing is made by Kev. St. § 3689. Sec. 289. Payment of accounts of deceased petty officers, seamen, etc., of lost vessel. In case of the death of any such petty officer, seaman, or other person, not an officer, such payment shall be made to the widow, child or children, father, mother, or brothers and sisters jointly, following that order of preference; such credits and gratuity to be paid out of any money in the Treasury not otherwise appropriated. Act July 4, 1864, c. 248, § 3, 13 Stat. 390. Further provisions for compensation for loss of private property of petty officers and seamen are contained in Act March 2, 1895, c. 190, post, under Rev. St. $ 290. Sec. 290. Allowance for effects of officer of lost vessel. In case any officer of the Navy or Marine Corps on board a ves- sel in the employ of the United States which, by any casualty, or in action with the enemy, at any time since the nineteenth day of April, eighteen hundred and sixty-one, has been or may be sunk or de- stroyed, shall thereby have lost his personal effects, without negli- gence or want of skill or foresight on his part, the proper account- ing officers are authorized, with the approval of the Secretary of the Navy, to allow to such officer a sum not exceeding the amount of his sea-pay for one month as compensation for such loss. But the accounting officers shall in all cases require a schedule and certifi- cate from the officer making the claim for effects so lost. Act April 6, 1866, c. 27, § 1, 13 Stat. 14. Further provisions for compensation for loss of private property of officers are contained in Act March 2, 1895, c. 190, set forth below. ACT MARCH 3, 1885, c. 335. An Act to Provide for the Settlement of the Claims of Officers and Enlisted Men of the Army for Loss of Private Property Seo. 290) 173 Tit. 7-DEPARTMENT OF THE TREASURY —Ch. 4. Destroyed in the Military Service of the United States. (23 Stat. 350.) Settlement of claims of officers and enlisted men for loss of property in military service. Be it enacted, &c., That the proper accounting officers of the Treasury be, and they are hereby, authorized and directed to exam- irre into, ascertain, and determine the value of the private property belonging to officers and enlisted men in the military service of the United States which has been, or may hereafter be, lost or destroye in the military service, under the following circumstances: First. When such loss or destruction was without fault or neg- ligence on the part of the claimant. Second. Where the private property so lost or destroyed was shipped on board an unseaworthy vessel by order of any officer au- thorized to give such order or direct such shipment. Third. Where it appears that the loss or destruction of the pri- vate property of the claimant was in consequence of his having given his attention to the saving of the property belonging to the United States which was in danger at the same time and under similar cir- cumstances, And the amount of such loss so ascertained and determined shall be paid out of any money in the Treasury not otherwise appro- priated, and shall be in full for all such loss or damage: Provided, That any claim which shall be presented and acted on under au- thority of this act shall be held as finally determined, and shall never thereafter be reopened or considered: And provided further, That this act shall not apply to losses sustained in time of war or hostilities with Indians: And provided further, That the liability of the Government under this act shall be limited to such articles of personal property as the Secretary of War, in his discretion shall decide to be reasonable, useful, necessary, and proper for such offi- cer or soldier while in quarters, engaged in the public service in the line of duty: And provided further, That all claims now exist- ing shall be presented within two years and not after from the pas- sage of this act; and all such claims hereafter arising be presented within two years from the occurrence of the loss or destruction. Act March 3, 1885, c. 335, 23 Stat. 350. Similar provisions as to claims for loss of property of officers, seamen, and others in the naval service, are contained in Act March 2, 1895, c. 190, set forth below. Provisions for the payment to officers, etc., in the military service for horses and equipments lost are contained in Rev. St. $$ 3482-3489, and acts supplementary thereto. . ACT MARCH 2, 1895, c. 190. An Act to Provide for the Reimbursement of Officers and Sea- men for Property Lost or Destroyed in the Naval Service of the United States. (28 Stat. 962.) Settlement of claims of officers and seamen for loss of property in naval service. Be it enacted, &c., That the proper accounting officers of the 174 Tit. 7-DEPARTMENT OF THE TREASURY —Ch. 4. (Secs. 290-291 Treasury be, and they are hereby, authorized and directed to ex- amine into, ascertain, and determine the value of the private prop- erty belonging to officers, petty officers, seamen, and others in the naval service of the United States which has been or may hereafter be lost and destroyed in the naval service by shipwreck or other marine disaster, under the following circumstances : First. When such loss or destruction was without fault or negli- gence on the part of the claimant. Second. Where the private property so lost or destroyed was shipped on board an unseaworthy vessel by order of any officer au- thorized to give such order or direct such shipment. And the amount of such loss or losses which have accrued prior to the passage of this Act so ascertained and determined upon settle- ment by the proper accounting officers of the Treasury shall be paid out of any money in the Treasury not otherwise appropriated, and all losses that shall hereafter accrue shall be certified by the Secre- tary of the Treasury at the commencement of each regular session to the Speaker of the House of Representatives who shall lay the same before Congress for consideration, and shall be in full for all such loss or damage: Provided, That any claim which shall be pre- sented and acted upon under authority of this Act shall be held as finally determined, and shall never thereafter be reopened or con- sidered: And provided further, That this Act shall not apply to losses sustained in time of war: And provided further, That the liability of the Government under this Act shall be limited to such articles of personal property as are required by the United States Naval Regulations, and in force at the time of loss or destruction, for such officers, petty officers, seamen, or others engaged in the public service, in the line of duty: And provided further, That the amounts which have been paid to persons in the naval service un- der sections two hundred and eighty-eight, two hundred and eighty- nine, and two hundred and ninety of the Revised Statutes shall be deducted in the settlement of all claims under this Act: And vided further, That the value of the article or articles lost or de- stroyed shall be their value at the date of loss or destruction: And provided further, That all claims now existing shall be presented within two years, and not after, from the passage of this Act; and all such claims hereafter arising be presented within two years from the occurrence of the loss or destruction. That nothing in this Act shall be construed to authorize the reopening or payment of any claims for losses of private property on vessels sunk or other- wise destroyed prior to August twentieth, eighteen hundred and eighty-four. Act March 2, 1895, c. 190, 28 Stat. 962. Similar provisions as to claims for loss of property of officers and en- listed men in the military service are contained in Act March 3, 1885, c. 335, set forth above. And pro- Sec. 291. Settlement of expenses of intercourse with foreign nations. Whenever any sum of money has been or shall be issued, from Secs. 292-294) Tit. 7—DEPARTMENT OF THE TREASURY —Ch. 4. 175 the Treasury, for the purposes of intercourse or treaty with foreign nations, in pursuance of any law, the President is authorized to cause the same to be duly settled annually with the proper account- ing officers of the Treasury, by causing the same to be accounted for, specifically, if the expenditure may, in his judgment, be made public; and by making or causing the Secretary of State to make a cer- tificate of the amount of such expenditure as he may think it ad- visable not to specify; and every such certificate shall be deemed a sufficient voucher for the sum therein expressed to have been expended. Act Feb. 9, 1793, c. 4, § 2, 1 Stat. 300. Sec. 292. Collection of debts, etc., due the Post-Office Department. The Sixth Auditor shall superintend the collection of all debts due the Post-Office Department, and all penalties and forfeitures imposed for any violation of the postal laws, and take all such other measures as may be authorized by law to enforce the payment of such debts and the recovery of such penalties and forfeitures. He shall also superintend the collection of all penalties and forfeitures arising under other statutes, where such penalties and forfeitures are the consequence of unlawful acts affecting the revenues or prop- erty of the Post-Office Department. Act June 8, 1872, c. 335, $ 21, 17 Stat. 287. The designation of the Sixth Auditor is changed to Auditor for the Post-Office Department by Act March 3, 1875, c. 130, $ 2, ante, under Rev. St. $ 235, and Act July 31, 1894, c. 174, § 3, ante, under Rev. St. $ 276, and his duties are prescribed by section 7 and subsequent sections of the latter act, ante, under Rev. St. $ 277. Provision for payment of fees of officers and special counsel employed in prosecuting suits instituted by the Auditor on postmasters' bonds, is made by Act Feb. 26, 1896, c. 33, § 1, post, following Rev. St. $ 856. Sec. 293. Accounts of money-order business. The Sixth Auditor shall keep the accounts of the money-order business separately, and in such manner as to show the number and amount of money-orders issued at each office, the number and amount paid, the amount of fees received, and all the expenses of the money-order business. Act June 8, 1872, c. 335, $ 120, 17 Stat. 299. See note under Rev. St. $ 292, as to change of designation and duties of Sixth Auditor. Sec. 294. Accounts of expenses paid by postmasters. The Sixth Auditor shall state and certify quarterly to the Post- master-General an account of the money paid by postmasters out of the receipts of their offices, and pursuant to appropriations, on 176 Tit. 7–. DEPARTMENT OF THE TREASURY_Ch. 4. (Secs. 294-298 account of the expenses of the postal service; designating the heads under which such payments were made. Act June 8, 1872, c. 335, $ 52, 17 Stat. 291. See note under Rev. St. § 292, as to change of designation and duties of Sixth Auditor. Sec. 295. Compromise of judgments. Whenever a judgment is obtained for a debt or damages due the Post-Office Department, and it satisfactorily appears that such judgment, or so much thereof as remains unpaid, cannot be col- lected by due process of law, the Sixth Auditor may, with the writ- ten consent of the Postmaster-General, compromise such judgment, and accept in satisfaction less than the full amount thereof. Act June 8, 1872, c. 335, $ 315, 17 Stat. 325. See note under Rev. St. $ 292, as to change of designation and duties of Sixth Auditor. Sec. 296. Papers required in suits for delinquencies in Post-Office Department. In case of delinquency of any postmaster, contractor, or other officer, agent, or employé of the Post-Office Department, in which suit is brought, the Sixth Auditor shall forward to the Depart- ment of Justice certified copies of all papers in his office tending to sustain the claim. Act June 8, 1872, c. 335, 17 Stat. 324. See note under Rev. St. § 292, as to change of designation and duties of Sixth Auditor. Sec. 297. Auditors may administer oaths. The several Auditors are empowered to administer oaths to wit- nesses in any case in which they may deem it necessary for the due examination of the accounts with which they shall be charged. Act March 3, 1817, c. 45, § 12, 3 Stat. 368. Act June 8, 1872, c. 335, $ 24, 17 Stat. 288. Provisions applicable to all the Departments, as to administration of oaths by officers and clerks, are contained in Rev. St. 8 183. Sec. 298. Oaths in settlements with Sixth Auditor. Any mayor of a city, justice of the peace, or judge of any court of record in the United States, may administer oaths, in relation to the examination and settlement of the accounts committed to the charge of the Sixth Auditor. Act June 8, 1872, c. 335, $ 24, 17 Stat. 288. See note under Rev. St. § 292, as to change of designation and duties of Sixth Auditor. Secs. 299–300B) Tit. 7– DEPARTMENT OF THE TREASURY—Ch. 4. 177 Sec. 299. Settlement of accounts of district attorneys. All accounts of the United States district attorneys for services rendered in cases instituted in the courts of the United States, or of any State, when the United States is interested, but is not a party of record, or in cases instituted against the officers of the United States, or their deputies, or duly appointed agents, for acts committed or omitted or suffered by them in the lawful discharge of their duties, shall be audited and allowed as in other cases, as- similating the fees, as near as may be, to those provided by law for similar services in cases in which the United States is a party. Act Aug. 16, 1836, c. 124, § 12, 11 Stat. 50. The compensation of district attorneys is provided for by Rev. St. $8 824-827, and subsequent statutes set forth or referred to under those sec- tions, and the returns and accounts required from them are prescribed and administrative examination of their accounts provided for by Rev. St. S 833, 834, 845, 816, and subsequent statutes collected under chapter 16 of Title XIII, "The Judiciary.” Sec. 300. Allowance of lost checks. Whenever the disbursing officer or agent by whom was issued any check which has been lost, destroyed, or stolen, is dead, or no longer in the service of the United States, the proper accounting officer shall, under such regulations as the Secretary of the ury may prescribe, state an account in favor of the owner of such orig- inal check for the amount thereof, and charge such amount to the account of such officer or agent. Act Feb. 2, 1872, c. 12, $8 1, 2, 17 Stat. 29. Sec. 300 A. Claims for quartermaster's stores. All claims of loyal citizens in States not in rebellion, for quarter- master's stores actually furnished to the Army of the United States, and receipted for by the proper officer receiving the same, or which may have been taken by such officers without giving such receipt, may be submitted to the Quartermaster-General of the United States, accompanied with such proofs as each claimant can present of the facts in his case; and it shall be the duty of the Quartermaster- General to cause such claim to be examined, and if convinced that it is just, and of the loyalty of the claimant, and that the stores have been actually received or taken for the use of, and used by the Army, then to report each case to the Third Auditor of the Treasury, with a recommendation for settlement. Act Feb. 18, 1875, c. 80, 18 Stat. 317. See section 300 B, following, and note under that section. Sec. 300 B. Claims for subsistence, etc. All claims of loyal citizens in States not in rebellion for sub- LAWS '01-12 178 (Sec. 300B Tit. 7– DEPARTMENT OF THE TREASURY—Ch. 4. sistence actually furnished to the Army and receipted for by the proper officer receiving the same, or which may have been taken by such officers without giving such receipt, may be submitted to the Commissary-General of Subsistence, accompanied by such proof as each claimant may have to offer; and it shall be the duty of the Commissary-General of Subsistence to cause each claim to be ex- amined, and if convinced that it is just, and of the loyalty of the claimant, and that the stores have actually been received, or taken for the use of, and used by the Army, then to report each case for payment to the Third Auditor of the Treasury with a recommenda- tion for settlement. The provisions of the above two sections shall extend to the State of Tennessee, and to the counties of Berkeley and Jefferson in the State of West Virginia. But the provisions of the above two sec- tions shall not authorize the payment of claims for the occupation of, or injury to, real estate in any State declared in insurrection during the rebellion. Act Feb. 18, 1875, c. 80, 18 Stat. 317. Sections 300A, 300B, were added by amendment by Act Feb. 18, 1875, c. 80, cited above. The designation of the Third Auditor is changed to Auditor for the Interior Department by Act July 31, 1894, c. 147, § 3, ante, under Rev. St. $ 276, and the settlement of all accounts relating to the military establishment, etc., is part of the duties of the Auditor for the War Department, by section 7 of that act, ante, under Rev. St. $ 277. ACT JUNE 16, 1874, c. 285, 8 2. Allowance and report of claims for stores and supplies. And the Quartermaster General, Commissary General, and Third Auditor of the Treasury shall continue to receive, examine, and consider the justice and validity of such claims as shall be brought before them under the act of July fourth, eighteen hundred and sixty-four, and the acts amendatory thereof; and the Secretary of the Treasury shall make report of each claim allowed by them, at the commencement of each session of Congress, to the Speaker of the House of Representatives, who shall lay the same before Congress for consideration. Act June 16, 1874, c. 285, § 2, 18 Stat. 75. The substance of Act July 4, 1864, c. 240, 13 Stat. 381, and the acts amendatory thereof, referred to in this provision, is incorporated in Rev. St. 88 300A, 300B. ACT APRIL 30, 1878, c. 77, 8 2. Fraudulent claims for more than justly due, or on false evidence. No claim shall hereafter be allowed by the accounting-officers, un- der the provisions of the act of congress, approved June sixteenth, eighteen hundred and seventy-four, or by the Court of Claims, or by Congress, to any person, where such claimant, or those under whom he claims, shall willfully, knowingly, and with intent to defraud the United States, have claimed more than was justly due in respect of Secs. 300B-302) Tit. 7— DEPARTMENT OF THE TREASURY—Ch. 5. 179 such claim, or presented any false evidence to Congress, or to any department or court, in support thereof. Act April 30, 1878, c. 77, § 2, 20 Stat. 524. The provisions of Act June 16, 1874, referred to in this section, are set forth above. CHAPTER FIVE. The Treasurer. Sec. Sec. 301. Treasurer. 307. Vouchers for drafts remaining un- 302. Bond of Treasurer. paid. 303. Assistant Treasurer. 308. Payment upon presentation of 304. When Assistant Treasurer may outstanding drafts. act as Treasurer; [and Acting 309. Accounts of disbursing officers Assistant Treasurer.] unchanged for three years. 305. Duties of Treasurer. 310. Reports of Treasurer, assistant 306. Liabilities outstanding three treasurers, etc., and disbursing more years. officers. 311. [Repealed.] Sec. 301. Treasurer. There shall be in the Department of the Treasury a Treasurer of the United States, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be en- titled to a salary of six thousand five hundred dollars a year. Act Sept. 2, 1789, c. 12, § 1, 1 Stat. 65. Act July 23, 1866, c. 208, $ 2, 14 Stat. 206. Act March 3, 1875, c. 130, $ 2, 18 Stat 397. Subsequent appropriations for the salary of the Treasurer are less than the amount fixed by this section. The appropriation for the year ending June 30, 1902, is $6,000. Act March 31, 1901, c. 830, 81, 31 Stat. 977. Sec. 302. Bond of Treasurer. The Treasurer shall, before entering upon the duties of his office, give bond, with sufficient sureties, to be approved by the Secre- tary of the Treasury and by the First Comptroller, in the sum of one hundred and fifty thousand dollars, payable to the United States, with condition for the faithful performance of the duties of his office, and for the fidelity of the persons to be by him employed, which bond shall be lodged in the office of the First Comptroller. Act Sept. 2, 1789, c. 12, $ 4, 1 Stat. 66. The designation of the First Comptroller is changed to Comptroller of the Treasury, by Act July 31, 1894, c. 174, § 4, ante, under Rev. St. $ 268. And the custody of the Treasurer's bond, and the duties of the Comptroller in regard thereto, are transferred to the Secretary of the Treasury, by Act March 2, 1895, c. 177, § 5, ante, under Rev. St. 8 256. 180 7— Tit. 7—DEPARTMENT OF THE TREASURY—Ch. 5. (Secs. 303-305 Sec. 303. Assistant Treasurer. There shall be in the Department of the Treasury an Assistant Treasurer of the United States, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of two thousand eight hundred dollars a year. Act March 3, 1863, c. 89, § 1, 12 Stat. 761. Act June 25, 1864, c. 147, § 2, 13 Stat. 159. Subsequent appropriations provide for an increased salary for the As- sistant Treasurer, and for a Deputy Assistant Treasurer. The appro- priation for the year ending June 30, 1902, is for Assistant Treasurer, $3,600; Deputy Assistant Treasurer, $3,200. Act March 31, 1901, c. 830, § 1, 31 Stat. 977. Sec. 304. [As amended 1886.] When Assistant Treasurer may act as Treasurer; [and Acting Assistant Treasurer.] The Treasurer may, in his discretion, and with the consent of the Secretary of the Treasury, authorize the Assisant Treasurer to act in the place and discharge any or all the duties of the Treasurer of the United States; and in the event of the absence or illness of either the Treasurer or the Assistant Treasurer, or both, the Sec- retary of the Treasury may, on the recommendation of the Treasurer appoint for a term not exceeding thirty days at one time, from among the clerks in the Treasury, any one of said clerks to be Act- ing Assistant Treasurer during such absence or illness: Provided, however, That no such appointment shall be made until the official bond given by the principal of the office shall be made in terms to cover and apply to the acts and defaults of every such person so appointed from time to time. Such acting officer shall, moreover, for the time being, be subject to all the liabilities and penalties pre- scribed by law for the official misconduct in like cases of the As- sistant Treasurer, for whom he acts. Act March 3, 1863, c. 89, § 1, 12 Stat. 761. Act March 31, 1886, c. 41, 24 Stat. 9. The section as enacted in the Revised Statutes contained only the first clause, providing that the Assistant Treasurer might act in place of the Treasurer. The amendment by Act March 31, 1886, c. 41, cited above, consists in the addition of the further provisions. Sec. 305. [Repealed in part 1894.] Duties of Treasurer. The Treasurer shall receive and keep the moneys of the United States, and disburse the same upon warrants drawn by the Secre- tary of the Treasury, countersigned by either Comptroller, and re- corded by the Register, and not otherwise. He shall take receipts for all moneys paid by him, and shall give receipts for all moneys received by him; and all receipts for moneys, received by him shall be indorsed upon warrants signed by the Secretary of the Treasury, without which warrant, so signed, no acknowledgment for money Secs. 305-307) Tit. 7— DEPARTMENT OF THE TREASURY—Ch. 5. 181 received into the public Treasury shall be valid. He shall render his accounts to the First Comptroller quarterly, or oftener if re- quired, and shall transmit a copy thereof, when settled, to the Sec- retary of the Treasury. He shall at all times submit to the Secre- tary of the Treasury and the First Comptroller, or either of them, the inspection of the moneys in his hands. Act Sept. 2, 1789, c. 12, § 4, 1 Stat. 66. So much of this section as requires the Register to record warrants is repealed, by Act July 31, 1894, c. 174, § 11, ante, under Rev. St. $ 277. By other provisions of the same act, the office of Second Comptroller is abolished, the designation First Comptroller is changed to Comptroller of the Treasury, and he is to perform the duties of the office of Second Comptroller. Act July 31, 1894, c. 174, $ 4, ante, under Rev. St. § 268. When disbursements for salaries of Senators, Members, and Dele- gates in Congress, or the officers and employés or expenses thereof, can- not be lawfully made by or through the officers specially charged there- with, they may be made by the Treasurer, by Act June 22, 1882, c. 236, ante, under Rev. St. § 56. Sec. 306. Liabilities outstanding three or more years. At the termination of each fiscal year all amounts of moneys that are represented by certificates, drafts, or checks, issued by the Treasurer, or by any disbursing officer of any Department of the Government, upon the Treasurer or any assistant treasurer, or des- ignated depositary of the United States, or upon any national bank designated as a depositary of the United States, and which shall be represented on the books of either of such offices as standing to the credit of any disbursing officer, and which were issued to facili- tate the payment of warrants, or for any other purpose in liquidation of a debt due from the United States, and which have for three years or more remained outstanding, unsatisfied, and unpaid, shall be deposited by the Treasurer, to be covered into the Treasury by warrant, and to be carried to the credit of the parties in whose favor such certificates, drafts, or checks were respectively issued, or to the persons who are entitled to receive pay therefor, and into an appro- priation account to be denominated “outstanding liabilities." Act May 2, 1866, c. 70, $S 1, 4, 14 Stat. 41, 42. Sec. 307. [As amended 1894.]. Vouchers for drafts remaining unpaid. The certificate of the Secretary of the Treasury, stating that the amount of any draft issued by the Treasurer, to facilitate the pay- ment of a warrant directed to him for payment, has remained out- standing and unpaid for three years or more, and has been de- posited and covered into the Treasury in the manner prescribed by the preceding section, shall be, when attached to any such warrant, a sufficient voucher in satisfaction of any such warrant or part of any warrant, the same as if the drafts correctly indorsed and fully satisfied were attached to such warrant or part of warrant. And all such moneys mentioned in this and in the preceding section shall 182 (Secs. 307-310 Tit. 74 DEPARTMENT OF THE TREASURY-Ch. 5. , remain as a permanent appropriation for the redemption and pay- ment of all such outstanding and unpaid certificates, drafts, and checks. Act May 2, 1866, c. 70, $ 2, 14 Stat. 41. Act July 31, 1894, c. 174, S 16, 28 Stat. 210. The amendment of this section by Act July 31, 1894, c. 174, § 16, cited above, consists in the substitution of the words "Secretary of the Treasury," in the first line of the section, instead of the words "Register of the Treasury," in the section as originally enacted. Sec. 308. Payment upon presentation of outstanding drafts. The payee or the bona-fide holder of any draft or check the amount of which has been deposited and covered into the Treasury pursuant to the preceding sections, shall, on presenting the same to the proper officer of the Treasury, be entitled to have it paid by the settlement of an account and the issuing of a warrant in his favor, according to the practice in other cases of authorized and liquidated claims against the United States. Act May 2, 1866, c. 70, § 3, 14 Stat. 42. Sec. 309. Accounts of disbursing officers unchanged for three years. The amounts, except such as are provided for in section three hundred and six, of the accounts of every kind of disbursing officer, which shall have remained unchanged, or which shall not have been increased by any new deposit thereto, nor decreased by drafts drawn thereon, for the space of three years, shall in like manner be cov- ered into the Treasury, to the proper appropriation to which they belong; and the amounts thereof shall, on the certificate of the Treasurer that such amount has been deposited in the Treasury, be credited by the proper accounting officer of the Department of the Treasury on the books of the Department, to the officer in whose name it had stood on the books of any agency of the Treasury, if it appears that he is entitled to such credit. Act May 2, 1866, c. 70, § 5, 14 Stat. 42. Sec. 310. Reports of Treasurer, assistant treasurers, etc., and disbursing officers. The Treasurer, each assistant treasurer, and each designated de- positary of the United States, and the cashier of each of the national banks designated as such depositaries, shall, at the close of busi- ness on every thirtieth day of June, report to the Secretary of the Treasury the condition of every account standing, as in the pre- ceding section specified, on the books of their respective offices, stating the name of each depositor, with his official designation, the total amount remaining on deposit to his credit, and the dates, re- spectively, of the last credit and the last debit made to each ac- count. And each disbursing officer shall make a like return of all Secs. 311-313) Tit. 7— DEPARTMENT OF THE TREASURY —Ch. 6. 183 checks issued by him, and which may then have been outstanding and unpaid for three years and more, stating fully in such report the name of the payee, for what purpose each check was given, the office on which drawn, the number of the voucher received there- for, the date, number, and amount for which it was drawn, and, when known, the residence of the payee. Act May 2, 1866, c. 70, $ 6, 14 Stat. 42. Sec. 311. [Repealed. Act March 29, 1894, c. 48.] This section required a report by the Treasurer, at each session of Congress, of his accounts and of the state of the Treasury. It is ex- pressly repealed by Act March 29, 1894, c. 48, 28 Stat. 47. CHAPTER SIX. The Register Sec. 312. Register. 313. [Repealed.] 314. Assistant Register. Sec. 315. Duties of Assistant Register. Res. Dec. 13, 1892, No. 1. Acting Assistant Register. Sec. 312. Register. There shall be in the Department of the Treasury a Register of the Treasury, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of four thousand dollars a year. Act Sept. 2, 1789, c. 12, § 1, 1 Stat. 65. Act May 8, 1872, c. 140, 8 13, 17 Stat. 85. Act March 3, 1875, c. 130, $ 3, 18 Stat. 397. Sec. 313. [Repealed. Act July 31, 1894, C. 174, § 1o.] This section prescribed the duties of the Register, as follows: "It shall be the duty of the Register: "First. To keep all accounts of the receipts and expenditures of the public money, and of all debts due to or from the United States. "Second. To receive from the First Comptroller and Commissioner of Customs the accounts which shall have been finally adjusted, and preserve such accounts with their vouchers and certificates. "Third. To record all warrants for the receipt or payment of mon- eys at the Treasury, and certify the same thereon, except those drawn by the Postmaster-General, and those drawn by the Secretary of the Treasury upon the requisitions of the Secretaries of the War and Navy Departments. "Fourth. To transmit to the Secretary of the Treasury copies of the certificates of balances of accounts adjusted. "Fifth. To furnish to the proper accounting officers copies of all war- 184 (Secs. 313-315 Tit. 7— DEPARTMENT OF THE TREASURY—Ch. 6. rants covering proceeds of Government property, where the same may be necessary in the settlement of accounts in their respective offices." The section is expressly repealed, and so much of Rev. St. 88 283, 3675, as require accounts of receipts and expenditures of public money to be kept by certain Auditors and the Register are also repealed, by Act July 31, 1894, c. 174, § 10, ante, under Rev. St. & 235; the re- pealing section having provided for the establishment of the Division of Bookkeeping and Warrants in the office of the Secretary, on the books of which all such accounts are to be kept. So much of Rev. St. $ 305, as requires the Register to record war- rants is repealed by section 11 of the same act, ante, under Rev. St. § 277. And by section 16 of that act, Rev. St. $ 307, is amended, by substituting the Secretary of the Treasury instead of the Register, in the provision made thereby for certifying that drafts remain unpaid. Immediately following the repeal of this section, by Act July 31, 1894, c. 174, § 10, ante, under Rev. St. $ 277, is a clause relating to the duties of the Register, as follows: "The duties of the Register of the Treasury shall be such as are now required of him in connection with the public debt and such further duties as may be prescribed by the Secretary of the Treasury." These changes in the duties of the Register are made as part of the change in the system of accounting in the Department, by provisions of Act July 31, 1894, c. 174, set forth ante, under Rev. St. $ 277. Certain duties of the Register, under provisions of Title XLVIII, "Reg- ulation of Conimerce and Navigation," and Title L, "Regulation of Ves- sels in Domestic Commerce," in regard to the surrender or return of reg- isters, enrollments, and licenses of vessels, are transferred to the Commis- sioner of Navigation by the act establishing a Bureau of Navigation, Act July 5, 1884, c. 221, $ 2, post, under chapter 11 A of this Title. Sec. 314. Assistant Register. There shall be in the office of the Register of the Treasury an Assistant Register, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of two thousand dollars a year. Act Feb. 20, 1863, c. 44, § 1, 12 Stat. 656. Act March 14, 1864, c. 30, § 7, 13 Stat. 28. A Deputy Register was authorized by Act March 3, 1875, c. 130, $ 2, ante, under Rev. St. § 235, which prescribed the organization of the Department and the offices and salaries therein; but no appropriation was made for a Deputy Register in the appropriation act of the same date, or in any subsequent appropriation act; but appropriations have been made regularly for an Assistant Register. The amount appro- priated for the year ending June 30, 1902, by Act March 3, 1901, c. 830, § 1, 31 Stat. 978, is $2,250. Sec. 315. Duties of Assistant Register. The Assistant Register shall perform such duties as may be de- volved on him by the Register, and, in the absence of the Register, shall act in his stead; and any official record, certificate, or other document, excepting warrants, bonds, and drafts, signed by the As- sistant Register, shall have the same effect as if signed by the Reg- ister. Act Feb. 20, 1863, c. 44, § 2, 12 Stat. 656. Secs. 315-318) Tit. 7—DEPARTMENT OF THE TREASURY—Ch.7. 185 RES. DEC. 13, 1892, No. 1. Joint Resolution Relating to the Discharge of Certain Official Duties in the Office of Register of the Treasury. (27 Stat. 752.) Acting Assistant Register. Resolved, &c., That during the absence of the Register of the Treasury, and while the Assistant Register is discharging, under the law, the duties of Register during his said absence, the Secre- tary of the Treasury may, by appointment under his hand and seal, delegate authority to any Chief of Division or clerk in the office of Register to act as Assistant Register during the said absence of the Register. Res. Dec. 13, 1892, No. 1, 27 Stat. 752. CHAPTER SEVEN. The Commissioner of Customs. Secs. 316-318 (Superseded.] Secs. 316-318. [Superseded. Act July 31, 1894, c. 174, SS 4, 5, 8.] Rev. St. $ 316, established the office of Commissioner of Customs; Rev. St. § 317, as amended by Act Feb. 27, 1877, c. 69, 19 Stat. 241, prescribed the duties of the office, as to receipts from customs and accounts of customs officers, being the same as those of the Comp- troller in regard to other receipts and accounts; and Rev. St. § 318, required the Commissioner to report forms for use in collecting re- ceipts from customs, and in keeping and stating accounts of persons employed therein. But the office of Commissioner of Customs is abolished, and its du- ties and powers transferred to the Comptroller of the Treasury, by Act July 31, 1894, c. 174, § 4, ante, under Rev. St. § 268; the Comp- troller is to prescribe forms of keeping and rendering public accounts, under section 5 of the same act; and his powers and duties as to revision of accounts are prescribed by section 8 thereof. These changes are part of the change in the system of accounting in the Department, by provisions of said Act July 31, 1894, c. 174, set forth ante, under Rev. St. § 277. Rev. St. $ 316, relating only to the office of Commissioner of Cus- toms, which is abolished, is omitted. The text of Rev. St. $$ 317, 318, prescribing duties of the Com- missioner, transferred to the Comptroller of the Treasury by Act July 31, 1894, c. 174, § 4, is given in the note to that section, ante, under Rev. St. § 268. 186 Tit. 7—DEPARTMENT OF THE TREASURY—Ch. 8. (Secs. 319-321 CHAPTER EIGHT. The Commissioner of Internal Revenue. Sec. 319. Commissioner of Internal Rev- enue. 320. Chief Clerk. 321. Duties of Commissioner of Inter- nal Revenue. Sec. 322. Deputy Commissioner of Internal Revenue. 323. Duties of Deputy Commissioner of Internal Revenue. O Sec. 319. Commissioner of Internal Revenue. There shall be in the Department of the Treasury a Commis- sioner of Internal Revenue, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be en- titled to a salary of six thousand dollars a year. Act July 1, 1862, c. 119, § 1, 12 Stat. 432. Act June 30, 1864, c. 173, § 1, 13 Stat. 223. Act March 3, 1875, c. 130, § 2, 18 Stat. 398. Sec. 320. Chief Clerk. The Commissioner of Internal Revenue is authorized to designate one of the heads of division as chief clerk of the Bureau without additional compensation. Act Dec. 24, 1872, c. 13, § 9, 17 Stat. 403. Sec. 321. Duties of Commissioner of Internal Revenue. The Commissioner of Internal Revenue, under the direction of the Secretary of the Treasury, shall have general superintendence of the assessment and collection of all duties and taxes now or here- after imposed by any law providing internal revenue; and shall pre- pare and distribute all the instructions, regulations, directions, forms, blanks, stamps, and other matters pertaining to the assessment and collection of internal revenue; and shall provide hydrometers, and proper and sufficient adhesive stamps and stamps or dies for ex- pressing and denoting the several stamp duties, or, in the case of percentage duties, the amount thereof; and alter and renew or re- place such stamps from time to time, as occasion may require. He may also contract for or procure the printing of requisite forms, decisions and regulations, but the printing of such forms, decisions and regulations shall be done at the Public Printing-Office, unless the Public Printer shall be unable to perform the work: Provided, That the Commissioner of Internal Revenue may, under such regu- lations as may be established by the Secretary of the Treasury, after due public notice, receive bids and make contracts for supply- Secs. 321-323) Tit. 7— DEPARTMENT OF THE TREASURY—— Ch. 8. 187 ing stationery, blank-books and blanks to the collectors in the sev- eral collection-districts; and the said Commissioner shall estimate in detail by collection-districts the expense of assessing and the ex- pense of the collection of internal revenue. Act June 30, 1864, c. 173, § 1, 13 Stat. 223. The Commissioner is required to submit to Congress estimates of expenses of assessing and of the collection of internal revenue, by Rev. St. § 3671. Sec. 322. Deputy Commissioner of Internal Revenue. There shall be in the office of the Commissioner of Internal Revenue a Deputy Commissioner of Internal Revenue, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of three thousand five hundred dollars a year. Act March 3, 1863, c. 74, § 19, 12 Stat. 725. Act June 30, 1864, c. 173, § 3, 13 Stat. 224. Act July 13, 1866, c. 184, $ 64, 14 Stat. 170. Act Jan. 29, 1874, c. 18, 18 Stat. 6. Rev. St. $ 235, also provided for "two Deputy Commissioners" at $3,000 a year each, "to be employed under the direction of the Secre- tary of the Treasury.” Subsequent provisions, including the annual appropriations, relating to these Deputy Commissioners, are collected or referred to in the nete to Act March 3, 1875, c. 130, $ 2, ante, un- der Rev. St. $235. For many years previous to 1900 the appropria- tions have been for but one Deputy Commissioner, $3,200. But in 1900 and 1901, the appropriations are for a Deputy Commissioner, $4,000, and an additional Deputy Commissioner during the fiscal year, $3,600. The appropriation for the year ending June 30, 1902, is by Act March 3, 1901, c. 830, § 1, 31 Stat. 978. A Solicitor of Internal Revenue, in the Department of Justice, is provided for by Rev. St. $ 349. Sec. 323. Duties of Deputy Commissioner of Internal Revenue. The Deputy Commissioner of Internal Revenue shall be charged with such duties in the office of the Commissioner of Internal Rev- enue as may be prescribed by the Secretary of the Treasury, or by law, and shall act as Commissioner of Internal Revenue in case of the absence of that officer. Act March 3, 1863, c. 74, § 19, 12 Stat. 725. Act June 30, 1864, c. 173, $ 3, 13 Stat. 224. Act July 13, 1866, c. 184, $ 64, 14 Stat. 170. The appointment in the office of the Commissioner of Internal Reve- nue, by the Secretary of the Treasury, of an analytical chemist and a microscopist, and the employment by the Commissioner of chemists and microscopists, are authorized by the act defining butter and im- posing a tax upon and regulating the manufacture, sale, importation, and exportation of oleomargarine, Act Aug. 2, 1886, c. 840, § 14, post, under Title XXXV, "Internal Revenue,” c. 7 B. Recent appropriations "for detecting and bringing to trial and pun- ishment persons guilty of violating the internal-revenue laws,” etc., con- tain provisions, which may be regarded as temporary, only, that “the Commissioner of Internal Revenue shall make a detailed statement to Congress once in each year as to how he has expended this sum, and also a detailed statement of all miscellaneous expenditures in the 188 Tit. 7-DEPARTMENT OF THE TREASURY-Ch. 9. (Secs. 324-326 Bureau of Internal Revenue for which appropriation is made in this act." The appropriation with this provision for the year ending June 30, 1902, is by Act March 3, 1901, c. 853, § 1, 31 Stat. 1152. CHAPTER NINE. The Comptroller of the Currency. Sec. 324. Bureau of the Comptroller of the Currency. 325. Comptroller of the Currency. 326. Bond and oath of office of Comp- troller of the Currency. 327. Deputy Comptroller of the Cur- rency. 328. Clerks. Sec. 329. Interest in national banks. 330. Seal of Comptroller of the Cur- rency. 331. Rooms, vaults, furniture, etc., for Currency Bureau. 332. Banks in District of Columbia. 333. Report of Comptroller. Sec. 324. Bureau of the Comptroller of the Currency. There shall be in the Department of the Treasury a Bureau charged with the execution of all laws passed by Congress relating to the issue and regulation of a national currency secured by United States bonds; the chief officer of which Bureau shall be called the Comptroller of the Currency, and shall perform his duties under the general direction of the Secretary of the Treasury. Act June 3, 1864, c. 106, § 1, 13 Stat. 99. Sec. 325. Comptroller of the Currency. The Comptroller of the Currency shall be appointed by the Presi- dent, on the recommendation of the Secretary of the Treasury, by and with the advice and consent of the Senate, and shall hold his office for the term of five years unless sooner removed by the Presi- dent, upon reasons to be communicated by him to the Senate; and he shall be entitled to a salary of five thousand dollars a year. Act June 3, 1864, c. 106, § 1, 13 Stat. 99. Act March 3, 1875, c. 130, $ 2, 18 Stat. 398. Sec. 326. Bond and oath of office of Comptroller of the Currency. The Comptroller of the Currency shall, within fifteen days from the time of notice of his appointment, take and subscribe the oath of office; and he shall give to the United States a bond in the pen- alty of one hundred thousand dollars, with not less than two re- sponsible sureties, to be approved by the Secretary of the Treasury, conditioned for the faithful discharge of the duties of his office. Act June 3, 1861, c. 106, § 1, 13 Stat. 99. Secs. 327–330) Tit. 7–DEPARTMENT OF THE TREASURY—Ch. 9. 189 Sec. 327. Deputy Comptroller of the Currency. There shall be in the Bureau of the Comptroller of the Currency a Deputy Comptroller of the Currency, to be appointed by the Sec- retary, who shall be entitled to a salary of two thousand five hun- dred dollars a year, and who shall possess the power and perform the duties attached by law to the office of Comptroller during a va- cancy in the office or during the absence or inability of the Comp- troller. The Deputy Comptroller shall also take the oath of office prescribed by the Constitution and laws of the United States, and shall give a like bond in the penalty of fifty thousand dollars. Act June 3, 1864, c. 106, § 1, 13 Stat. 99. A Deputy Comptroller, $3,000, was authorized by Act March 3, 1875, c. 130, § 2, ante, under Rev. St. $ 235. Subsequent appropriations have varied from this amount. The appropriation for the year ending June 30, 1902, by Act March 3, 1901, c. 830, § 1, 31 Stat. 978, is $2,800. Sec. 328. Clerks. The Comptroller of the Currency shall employ, from time to time, the necessary clerks, to be appointed and classified by the Secretary of the Treasury, to discharge such duties as the Comptroller shall direct. Act June 3, 1864, c. 106, § 1, 13 Stat. 100. Provisions as to the employment of clerks by the heads of Depart- ments are contained in Rev. St. § 169, and Act Aug. 5, 1882, c. 389, $ 4, under that section. Clerks in the office of the Comptroller of the Currency are provided for in the annual appropriation acts. The appropriation for the year ending June 30, 1902, is by Act March 3, 1901, c. 830, § 1, 31 Stat. 978. Sec. 329. Interest in national banks. It shall not be lawful for the Comptroller or the Deputy Comp- troller of the Currency, either directly or indirectly, to be inter- ested in any association issuing national currency under the laws of the United States. Act June 3, 1864, c. 106, § 1, 13 Stat. 99. Sec. 330. [As amended 1875.] Seal of Comptroller of the Currency. The seal devised by the Comptroller of the Currency for his office, and approved by the Secretary of the Treasury, shall continue to be the seal of office of the Comptroller, and may be renewed when necessary. A description of the seal, with an impression thereof, and a certificate of approval by the Secretary of the Treasury, shall be filed in the Office of the Secretary of State. Act June 3, 1864, c. 106, § 2, 13 Stat. 100. Act Feb. 18, 1875, c. 80, 18 Stat. 317. The amendment of this section by Act Feb. 18, 1875, c. 80, cited 190 — Tit. 7-DEPARTMENT OF THE TREASURY —Ch. 9. (Secs. 331-333 above, consists in the addition of the last sentence, providing for the filing of a description of the seal, etc., in the Office of the Secretary of State. Sec. 331. Rooms, vaults, furniture, etc., for Currency Bureau. There shall be assigned, from time to time, to the Comptroller of the Currency, by the Secretary of the Treasury, suitable rooms in the Treasury building for conducting the business of the Currency Bureau, containing safe and secure fire-proof vaults, in which the Comptroller shall deposit and safely keep all the plates not neces- sarily in the possession of engravers or printers, and other valuable things belonging to his Department; and the Comptroller shall from time to time furnish the necessary furniture, stationery, fuel, lights, and other proper conveniences for the transaction of the busi- ness of his office. Act June 3, 1864, c. 106, § 3, 13 Stat. 100. Sec. 332. Banks in District of Columbia. The Comptroller of the Currency, in addition to the powers con- ferred upon him by law for the examination of national banks, is further authorized, whenever he may deem it useful, to cause ex- amination to be made into the condition of any bank in the Dis- trict of Columbia organized under act of Congress. The Comptrol- ler, at his discretion, may report to Congress the results of such ex- amination. The expense necessarily incurred in any such examina- tion shall be paid out of any appropriation made by Congress for special bank examinations. Act Jan. 20, 1873, c. 43, 17 Stat. 412. Sec. 333. [As amended 1875.] Report of Comptroller. The Comptroller of the Currency shall make an annual report to Congress, at the commencement of its session, exhibiting- First. A summary of the state and condition of every association from which reports have been received the preceding year, at the several dates to which such reports refer, with an abstract of the whole amount of banking capital returned by them, of the whole amount of their debts and liabilities, the amount of circulating notes outstanding, and the total amount of means and resources, specify- ing the amount of lawful money held by them at the times of their several returns, and such other information in relation to such as- sociations as, in his judgment, may be useful. Second. A statement of the associations whose business has been closed during the year, with the amount of their circulation re- deemed and the amount outstanding. Third. Any amendment to the laws relative to banking by which Secs. 333–334) Tit. 7—DEPARTMENT OF THE TREASURY—Ch. 10. 191 the system may be improved, and the security of the holders of its notes and other creditors may be increased. Fourth. A statement exhibiting under appropriate heads the re- sources and liabilities and condition of the banks, banking com- panies, and savings-banks organized under the laws of the several States and Territories; such information to be obtained by the Comptroller from the reports made by such banks, banking com- panies, and savings-banks to the legislatures or officers of the dif- ferent States and Territories, and, where such reports cannot be ob- tained, the deficiency to be supplied from such other authentic sources as may be available. Fifth. The names and compensation of the clerks employed by him, and the whole amount of the expenses of the banking depart- ment during the year. Act June 3, 1864, c. 106, § 61, 13 Stat. 117. Act Feb. 19, 1873, c. 166, § 1, 17 Stat. 466. Act Feb. 18, 1875, c. 80, 18 Stat. 317. The amendment of this section by Act Feb. 18, 1875, c. 80, cited above, consists in the insertion, after the word “Congress, beginning of the section, of the words, "at the commencement of its session.” Provisions applicable to all the Departments, as to the time for making annual reports, and for furnishing copies to the printer, are contained in Rev. St. $$ 195, 196. The printing and distribution of the report of the Comptroller of the Currency are provided for by Act Jan. 12, 1895, c. 23, $ 73, post, under Title XLV, “Public Printing, Advertisements, and Public Docu- ments." CHAPTER TEN. The Bureau of Statistics. Set 334. Bureau of Statistics. 335. Purpose of the Bureau. 336. Annual report of commerce and navigation 337. Regulations imposed on collectors. Act July 16, 1892, c. 196, § 1. Returns by collectors of exports by rail. 338. Coasting trade to be included. Sec. Act March 3, 1875, c. 129, $ 1. Annual report of foreign and inter- state commerce, and quarterly re- ports. 339. Monthly reports of exports and imports. 340. Annual statement of vessels. 341. Annual statement of merchandise. 342. Statistics of manufactures. Sec. 334. Bureau of Statistics. There shall be in the Department of the Treasury a Bureau to be called the Bureau of Statistics; and the Secretary of the Treasury may appoint one division clerk, who shall superintend the Bureau, and shall be entitled to a salary of two thousand five hundred dol- lars a year. Res. June 15, 1844, No. 16, 5 Stat. 719. Act July 13, 1866, c. 184, 192 (Secs. 334-336 Tit. 7– DEPARTMENT OF THE TREASURY-Ch. 10. $ 64, 14 Stat. 170. Act July 28, 1866, c. 298, $ 13, 14 Stat. 330. Act July 20, 1868, c. 176, § 1, 15 Stat. 99. The appropriation for the Bureau for the year ending June 30, 1902, by Act March 3, 1901, c. 830, § 1, 31 Stat. 979, provides, "for officer in charge of the Bureau of Statistics," $3,500. Sec. 335. [As amended 1877.] Purpose of the Bureau. The purpose of the Bureau of Statistics is the collection, arrange- ment, and classification of such statistical information as may be procured, showing, or tending to show, each year the condition of the manufactures, domestic trade, currency, and banks of the several States and Territories. Res. June 15, 1844, No. 16, 5 Stat. 719. Act Feb. 27, 1877, c. 69, 19 Stat. 241. The amendment of this section by Act Feb. 27, 1877, c. 69, cited above, consists in the omission of the word "agriculture," which, in the section as originally enacted, preceded the word "manufactures." 9 Sec. 336. Annual report of commerce and navigation. The Chief of the Bureau of Statistics shall, under the direction of the Secretary of the Treasury, annually prepare a report on the statistics of commerce and navigation of the United States with foreign countries, to the close of the fiscal year. Such ac- counts shall comprehend all goods, wares, and merchandise ex- ported from the United States to other countries; all goods, wares, and merchandise imported into the United States from other coun- tries, and all navigation employed in the foreign trade of the United States; which facts shall be stated according to the principles and in the manner hereby directed. First. The kinds, quantities, and values of all articles exported, and the kinds, quantities, and values of all articles imported, shall be distinctly stated in such accounts, except in cases in which it may appear to the Secretary of the Treasury that separate statements of the species, quantities, or values of any particular articles would swell the annual statements without utility; and, in such cases, the kinds and total values of such articles shall be stated together, or in such classes as the Secretary of the Treasury may think fit. Second. The exports shall be so stated as to show the exports to each foreign country, and their values; and the imports shall be so stated as to show the imports from each foreign country, and their values. Third. The exports shall be so stated as to show, separately, the exports of articles of the production or manufacture of the United States, and their values; and the exports of articles of the produc- tion or manufacture of foreign countries, and their values. Fourth. The navigation employed in the foreign trade of the United States shall be stated in such manner as to show the amount of the tonnage of all vessels departing from the United States for foreign countries; and, separately, the amount of such tonnage of secs. 336–337) Tit. 7–DEPARTMENT OF THE TREASURY—Ch. 10. 193 vessels of the United States, and the amount of such tonnage of foreign vessels; and also the foreign nations to which such foreign tonnage belongs, and the amount of such tonnage belonging to each foreign nation; and in such manner as also to show the amount of the tonnage of all vessels departing for every particular foreign country with which the United States have any considerable com- merce; and, separately, the amount of such tonnage of vessels of the United States, and the amount of such tonnage of foreign vessels; and in such manner as to show the amount of the tonnage of all vessels arriving in the United States from foreign countries; and, separately, the amount of such tonnage of vessels of the United States, and the amount of such tonnage of foreign vessels; and also the foreign nations to which such foreign tonnage belongs, and the amount of such tonnage belonging to each foreign nation; and in such manner as also to show the amount of the tonnage of all vessels arriving from every particular foreign country with which the United States have any considerable commerce; and, separately, the amount of such tonnage of vessels of the United States, and the amount of such tonnage of foreign vessels. Fifth. Such accounts shall comprehend and include, in tabular form, the quantity by weight or measure, as well as the amount of value, of the several articles of foreign commerce, whether dutiable or otherwise; and also a similar and separate statement of the com- merce of the United States with the British Provinces, under the late so-called reciprocity treaty with Great Britain. Act Feb. 10, 1820, c. 11, $$ 1, 4, 3 Stat. 541. Act July 28, 1866, c. 298, $$ 3, 5, 6, 13, 14 Stat. 328-330. Act March 2, 1861, c. 68, 8 29, 12 Stat. 197. An annual report to Congress by the Secretary of the Treasury, containing the results of the information collected during the pre- ceding year by the Bureau of Statistics, is provided for by Rev. St. 8 259. Provisions applicable to all the Departments, as to the time for making annual reports, and the time for furnishing copies thereof to the printer, are contained in Rev. St. $$ 195, 196. The printing and distribution of the statistical abstract is provided for by Act Jan. 12, 1895, c. 23, § 73, post, under Title XLV, "Public Printing, Advertisements, and Public Documents.” Sec. 337. Regulations imposed on collectors. In order to enable the Chief of the Bureau of Statistics to prepare the annual report on the statistics of commerce and navigation re- quired to be submitted to Congress by the Secretary of the Treas- ury, the following regulations shall be observed by all collectors of customs : First. The kinds and quantities of all imported articles free from duty shall be ascertained by entry, made upon oath or affirmation, by the owner, or by the consignee or agent of the importer, or by actual examination, where the collector shall think such examina- tion necessary; and the values of all such articles shall be ascer- tained in the same manner in which the values of imports subject to duties ad valorem are ascertained. LAWS '01-13 194 Tit. 7—DEPARTMENT OF THE TREASURY—Ch. 10. (Sec. 337 Second. The values of all imported articles subject to specific du- ties shall be ascertained in the manner in which the values of im- ports subject to duties ad valorem are ascertained. Third. The several collectors shall keep separate accounts of the kinds, quantities, and values of such parts of the imports subject to duties ad valorem as may be directed by the Secretary of the Treas- ury. Fourth. All articles exported shall be valued at their actual cost, or the values which they may truly bear, at the time of exportation, in the ports of the United States from which they are exported; and all articles imported shall be valued at their actual cost, or the values which they may truly bear in the foreign ports from which they are exported for importation into the United States, at the time of such exportation. Fifth. Before a clearance shall be granted for any vessel bound to a foreign place, the collector shall require the owners, shippers, or consignors of the cargo to deliver to the collector manifests of the cargo, or of the parts thereof shipped by them respectively, which manifests shall specify the kinds and quantities of the articles ship- ped by them respectively, and the value of the total quantity of each kind of articles; and state that such manifest contains a full, just, and true account of all articles laden on board of such vessel by the owners, shippers, or consignors, respectively, and that the values of such articles are truly stated, according to their actual cost, or the values which they truly bear at the port and time of exporta- tion. And the collector shall also require the master of the vessel, and the owners, shippers, and consignors of the cargo, to state in writing, to the collector, the foreign place or country in which such cargo is truly intended to be landed. The manifests and statements hereby required shall be verified by the oath of the person by whom they are respectively made and subscribed. Sixth. Every collector shall keep an accurate account of the na- tional characters and tonnage of all vessels which depart from his district for foreign countries, and of the foreign places or countries for which such vessels depart; and, also, an accurate account of the national characters and tonnage of all vessels which enter his dis- trict from foreign countries, and of the foreign places or countries from which such vessels arrive. Seventh. The several collectors shall make quarter-yearly returns to the Bureau of Statistics of all the facts and matters which they are hereby required to ascertain. Act Feb. 10, 1820, c. 11, 88 7, 12, 3 Stat. 542, 543. ACT JULY 16, 1892, c. 196, § 1. [As amended 1893.] Returns by collectors of exports by rail. That hereafter collectors of customs shall render to the Bureau of Statistics, in such manner and form and at such periods as the Sec- retary of the Treasury may prescribe, returns of exports to foreign countries leaving the United States by rail. Any person who shall hereafter deliver to any railway or transportation company or other Sec. 338) Tit. 7—DEPARTMENT OF THE TREASURY-195 — Ch. 10. common carrier commodities for transportation and exportation by rail from the United States to foreign countries, shall also deliver to the collector of customs at the frontier port through which the goods pass into the foreign country a manifest, in such form as the Secretary of the Treasury may prescribe, duly certified as to its ac- curacy by said person or his agent, exhibiting the kinds, quantities, and values of the several articles delivered by such person or his agent for exportation. And no railway car containing commodities, the product or manufacture of the United States or foreign goods, duty paid or free of duty, intended to be exported to any foreign country, shall be permitted hereafter to leave the United States un- ul the agent of the railway or transportation company, or the per- son having such car in charge, shall deliver to the customs officer at the last port in the United States through which the commodities pass into foreign territory a manifest thereof, which shall specify the kinds and quantities of the commodities in the form prescribed by the Secretary of the Treasury, and until the manifest, exhibiting the kinds, quantities, and values of the several commodities, shall have been delivered to the collector of customs, as above required, by the person exporting such commodities, or by his agent, or infor- mation satisfactory to such customs officer as to the kind, quantities, and values of the domestic and foreign free or duty paid commodi- ties laden on such car. The agent or employee of any railway or transportation company who shall transport such commodities into a foreign country before the delivery to the collector of customs of the manifest, as above required shall be liable to a penalty of fifty dollars for each offense; Provided, That the provisions of this law shall apply to commodities transported to the frontier in railway cars for exportation and transhipment across the frontier into the adjacent foreign territory in ferry boats or vehicles, so far as to require the person in charge thereof to furnish to the collector of customs information of the kinds, quantities, and values of such commodities; And provided further, That nothing contained in the foregoing shall be held as applicable to goods in transit between American ports by routes passing through foreign territory or to merchandise in transit between places in the Dominion of Canada by routes passing through the United States, or to merchandise ar- riving at the ports designated under the authority of section three thousand and five of the Revised Statutes, and which may be des- tined for places in the Republic of Mexico. Act July 16, 1892, c. 196, § 1, 27 Stat. 197. Act March 3, 1893, c. 211, § 1, 27 Stat. 689. Sec. 338. Coasting trade to be included. The annual report of the statistics of commerce and navigation shall state the kinds, quantities, and value of the merchandise en- tered and cleared coastwise into and from the collection districts of the United States. Res. May 14, 1856, No. 9, 11 Stat. 144. 196 Tit. 7–DEPARTMENT OF THE TREASURY-Ch. 10. (Secs. 338-340 ACT MARCH 3, 1875, c. 129, § 1. Annual report of foreign and interstate commerce, and quarterly re- ports. It shall be the duty of the officer in charge of the Bureau of Statistics to gather, collate, and annually report to the Secretary of the Treasury, for transmission to Congress, statistics and facts relating to commerce with foreign nations and among the several States, the railroad systems of this and other countries, the con- struction and operation of railroads, the actual cost of such con- struction and operation of railroads, the actual cost of transporting freights and passengers on railroads, and on canals, rivers, and other navigable waters of the United States, the charges imposed for such transportation of freight and passengers, and the tonnage transported; and the reports now by law required to be prepared and published monthly in the said Bureau of Statistics shall here- after be prepared and published quarterly under the direction of the Secretary of the Treasury; * Act March 3, 1875, c. 129, § 1, 18 Stat. 352. The reports referred to in the last clause of this provision as "re- quired to be prepared and published monthly,” are the reports of ex- ports and imports provided for by Rev. St. $ 339. Sec. 339. Monthly reports of exports and imports. The Chief of the Bureau of Statistics shall, under the direction of the Secretary of the Treasury, prepare and publish monthly re- ports of the exports and imports of the United States, including the quantities and values of goods warehoused or withdrawn from warehouse, and such other statistics relative to the trade and in- dustry of the country as the Secretary of the Treasury may con- sider expedient. Act July 28, 1866, c. 298, § 13, 14 Stat. 330. Act March 3, 1875, c. 129, 18 Stat. 352. These reports are required to be prepared and published quarterly, under the direction of the Secretary of the Treasury, by the last clause of the provision of Act March 3, 1875, c. 129, § 1, set forth ante, under Rev. St $ 338. Sec. 340. Annual statement of vessels. The Chief of the Bureau of Statistics shall also prepare an an- nual statement of vessels registered, enrolled, and licensed under the laws of the United States, together with the class, name, ton- nage, and place of registry of each vessel, and such other information as the Secretary of the Treasury may deem proper to embody therein. Act July 28, 1866, c. 298, § 13, 14 Stat. 330. The Commissioner of Navigation is required to prepare such a list of vessels, etc., by the act establishing a Bureau of Navigation, Act July 5, 1884, c. 221, § 4, post, under chapter 11 A of this Title. Secs. 341-343) Tit. 7— DEPARTMENT OF THE TREASURY —Ch. 11. 197 Sec. 341. Annual statement of merchandise. The Chief of the Bureau of Statistics shall prepare an annual statement of all merchandise passing in transit through the United States to foreign countries, each description of merchandise, so far as practicable, warehoused, withdrawn from warehouse for con- sumption, for exportation, for transportation to other districts, and remaining in the warehouse at the end of each fiscal year. Act July 28, 1866, c. 298, § 13, 14 Stat. 330. Sec. 342. Statistics of manufactures. The Chief of the Bureau of Statistics shall collect, digest, and arrange, for the use of Congress, the statistics of the manufactures of the United States, their localities, sources of raw material, mar- kets, exchanges with the producing regions of the country, trans- portation of products, wages, and such other conditions as are found to affect their prosperity. Act July 28, 1866, c. 298, § 13, 14 Stat. 330. CHAPTER ELEVEN. Bureau of the Mint. Sec. Sec. 343. Bureau of the Mint. Act June 20, 1874, c. 328, $ 1. 344. Salary and expenses of Director, Salaries under Director. 345. Powers of and reports by Direc- tor. Sec. 343. Bureau of the Mint. There shall be established in the Treasury Department a Bureau of the Mint, embracing in its organization and under its control all mints for the manufacture of coin, and all assay-offices for the stamp- ing of bars, which are now, or which may be hereafter, authorized by law. The chief officer of the said Bureau shall be denominated the Director of the Mint, and shall be under the general direction of the Secretary of the Treasury. He shall be appointed by the President, by and with the advice and consent of the Senate, and shall hold his office for the term of five years, unless sooner removed by the President, upon reasons to be communicated by him to the Senate. Act Feb. 12, 1873, c. 131, § 1, 17 Stat. 424. Provisions relating to the various mints, assay-offices, etc., and to the coins and coinage, are contained in Title XXXVII, “Coinage, Weights, and Measures.” 198 Tit. 7–DEPARTMENT OF THE TREASURY-Ch. 11A. (Secs. 344-345 Sec. 344. Salary and expenses of Director. There shall be allowed to the Director of the Mint an annual salary of four thousand five hundred dollars, payable monthly, and actual necessary traveling expenses in visiting the different mints and assay-offices, for which vouchers shall be rendered. Act Feb. 12, 1873, c. 131, § 12, 17 Stat. 426. Sec. 345. Powers of and reports by Director. The Director of the Mint shall have the general supervision of all mints and assay-offices, and shall make an annual report to the Secretary of the Treasury of their operations, at the close of each fiscal year, and from time to time such additional reports, setting forth the operations and condition of such institutions, as the Sec- retary of the Treasury shall require, and shall lay before him the annual estimates for their support. And the Secretary of the Treas- ury shall appoint the number of clerks, classified according to law, necessary to discharge the duties of said Bureau. Act Feb. 12, 1873, c. 131, § 2, 17 Stat. 424. The printing and distribution of the reports of the Director of the Mint are provided for by Act Jan. 12, 1895, c. 23, § 73, post, under Title XLV, "Public Printing, Advertisements, and Public Documents.” * ACT JUNE 20, 1874, c. 328, § 1. Salaries under Director. And hereafter all salaries under the Director of the Mint at Wash- ington and at the various mints shall be at the rates appropriated for in this act. Act June 20, 1874, c. 328, § 1, 18 Stat. 96. The salaries appropriated for by the act cited above are practically superseded by subsequent appropriations for officers, clerks, and em- ployés, and rates of compensation different from those fixed by this act. The appropriation for the year ending June 30, 1902, is by Act March 3, 1901, c. 830, § 1, 31 Stat. 980. [CHAPTER ELEVEN A.] [Bureau of Navigation.] Act July 5, 1884, c. 221. 1. Bureau of Navigation. 2. General duties of Commissioner. 3. Supervision of laws relating to ad- measurement and designation of vessels and collection of tonnage tax. 4. Annual list of vessels, and report. 5. Change of names of vessels. 6. Appointment and compensation of Commissioner, Deputy Commis- sioner, and clerks. 7. Time of taking effect of act. Tit. 7-DEPARTMENT OF THE TREASURY—Ch. 11A. 199 ACT JULY 5, 1884, c. 221. 5 An Act to Constitute a Bureau of Navigation in the Treasury Department. (23 Stat. 118.) Bureau of Navigation, Be it enacted, &c. That there shall be in the Department of the Treasury of the United States a Bureau of Navigation, under the immediate charge of a Commissioner of Navigation. Act July 5, 1884, c. 221, § 1, 23 Stat. 118. General duties of Commissioner. Sec. 2. That the Commissioner of Navigation, under the direction of the Secretary of the Treasury, shall have general superintendence of the commercial marine and merchant seamen of the United States, so far as vessels and seamen are not, under existing laws, subject to the supervision of any other officer of the Government. He shall be specially charged with the decision of all questions relating to the issue of registers, enrollments, and licenses of vessels, and to the filing and preserving of those documents; and wherever in title forty-eight or fifty of the Revised Statutes any of the above- named documents are required to be surrendered or returned to the Register of the Treasury, such requirement is hereby repealed, and such documents shall be surrendered and returned to the Commis- sioner of Navigation. Said Commissioner shall have charge of all similar documents now in the keeping of the Register of the Treas- ury, and shall perform all the duties hitherto devolved upon said Register relating to navigation. Act July 5, 1884, c. 221, $ 2, 23 Stat. 118. Provisions requiring the surrender of certificates of registry or en- rollment or licenses, referred to in this section, are contained in Rev. St. $$ 4146, 4160, 4162, 4325. Supervision of laws relating to admeasurement and designation of ves- sels and collection of tonnage tax. Sec. 3. That the Commissioner of Navigation shall be charged 3 with the supervision of the laws relating to the admeasurement of vessels, and the assigning of signal letters thereto, and of designating their official number; and on all questions of interpretation growing out of the execution of the laws relating to these subjects, and re- lating to the collection of tonnage tax, and to the refund of such tax when collected erroneously or illegally, his decision shall be final. Act July 5, 1884, c. 221, § 3, 23 Stat. 119. Regulations of the measurement of vessels by the Commissioner of Navigation are provided for by Act March 2, 1895, c. 173, § 4, post, following Rev. St. $ 4153. Annual list of vessels, and report. Sec. 4. That the Commissioner of Navigation shall annually pre- 4 pare and publish a list of vessels of the United States belonging to the commercial marine, specifying the official number, signal letters, names, rig, tonnage, home port, and place and date of building of evry vessel, distinguishing in such list sailing-vessels from such as may be propelled by steam or other motive power. He shall also re- 200 Tit. 7– DEPARTMENT OF THE TREASURY-Ch. 11A. port annually to the Secretary of the Treasury the increase of ves- sels of the United States, by building or otherwise, specifying their number, rig, and motive power. He shall also investigate the opera- tions of the laws relative to navigation, and annually report to the Secretary of the Treasury such particulars as may, in his judgment, admit of improvement or may require amendment. Act July 5, 1884, c. 221, § 4, 23 Stat. 119. Before the passage of this act, the Chief of the Bureau of Statistics was required to prepare an annual statement of vessels, etc., by Rev. St. § 340. Change of names of vessels. Sec. 5. That the Commissioner of Navigation shall, under the di- rection of the Secretary of the Treasury, be empowered to change the names of vessels of the United States, under such restrictions as may have been or shall be prescribed by act of Congress. Act July 5, 1884, c. 221, § 5, 23 Stat. 119. Authority to change the names of vessels was conferred on the Secretary of the Treasury by Act March 2, 1881, c. 107, post, under Rev. St. $ 4179. Appointment and compensation of Commissioner, Deputy Commis- sioner, and clerks. Sec. 6. That the Commissioner of Navigation shall be appointed by the President of the United States, by and with the advice and consent of the Senate, and shall receive a salary of four thousand dollars per annum. And the Secretary of the Treasury shall have power to transfer from existing Bureaus or divisions of the Treas- ury one clerk, to be designated as deputy commissioner of naviga- tion, to act with the full powers of said Commissioner during his temporary absence from his official duty for any cause, and such additional clerks as he may consider necessary to the successful operation of the Bureau of Navigation, without impairing the ef- ficiency of the Bureaus or divisions whence such clerks may be trans- ferred. Act July 5, 1884, c. 221, $ 6, 23 Stat. 119. The usual annual appropriation for salary of the Commissioner is $3,600; and that amount is appropriated for the year ending June 30, 1902, by Act March 3, 1901, c. 830, § 1, 31 Stat. 979. Appropriations are also made annually for clerks and other employés in the Bureau, down to Act March 3, 1901, c. 830, above mentioned. Time of taking effect of act. Sec. 7. That this act shall be in force and take effect on and after July first, eighteen hundred and eighty-four. Act July 5, 1884, c. 221, § 7, 23 Stat. 119. TITLE VIII. THE DEPARTMENT OF JUSTICE . Sec. Sec. 346. Establishment of Department of 367. Interest of United States in pend- Justice. ing suits, who may attend to. 347. Solicitor-General. 368. Accounts of district attorneys, 348. Assistant Attorneys-General. marshals, etc. Act July 11, 1890, c. 667, § 1. 369. Requisitions. Additional Assistant Attorney-Gen- 370. Traveling expenses of officers of eral. the Department. 349. Solicitor of Treasury, etc., in De- Act March 3, 1899, c. 424, § 1. partment of Justice. Expenditures for supplies for courts Act June 19, 1878, c. 329, $ 1. and judicial officers. Office of Naval Solicitor abolished. 371. Disbursement of moneys. Act March 3, 1891, c. 541, 8 1. 372. Records formerly appertaining to Solicitor for Department of State. the office of agent of the Treas- 350. What officers under control of ury. Attorney-General. 373. Liability of district attorney upon 351. Subordinate officers. receiving a bond for suit. 352. Rooms to be provided. 374. Examination of reports of district 353. Seal. attorneys and collectors upon Act Aug. 8, 1888, c. 786. bonds delivered for suit. Commissions of judicial officers. 375. False reports of bonds delivered 354. Duties of Attorney-General. for suit. 355. Title to land to be purchased by 376. Measures taken for the discovery the United States. of frauds. 356. Opinion of Attorney-General upon 377. Rules established by Solicitor of questions of law. Treasury respecting suits. 357. Legal advice to Departments of 378. Report by Solicitor of Treasury of War and Navy. moneys recovered. 358. Reference of questions by Attor- 379. Instructions by Solicitor of Treas- ney-General to subordinates. ury to district attorneys and oth- 359. Conduct and argument of cases. er officers. 360. Performance of duty by officers 380. Conduct of suits involving na- of Department of Justice. tional banks. 361. Officers of the Department to per- 381. Duties of United States attorneys. form all legal services required 382. Proceedings in equity in cases of for other Departments. Post-Office Department. 362. Superintendence of district attor- 383. Publication of opinions. neys and marshals. 384. Report of business and statistics. 363. Retaining counsel to aid district Act June 20, 1874, c. 328, $ 1. attorneys. Report of expenditure of contingent 364. Attendance of counsel. fund. 365. Counsel fees restricted. Act June 30, 1879, c. 52, $ 3. 366. Appointment and oath of special Report of payments from appropria- attorneys or counsel. tions. Act March 2, 1895, c. 187, § 1. 385. Report of additional attorneys and Counsel before Board of General Ap- counsel employed. praisers. (201) 202 (Secs. 346-348 Tit. 8— DEPARTMENT OF JUSTICE. Sec. Act May 28, 1896, c. 252, § 23. Report of assistants to district attor- neys and marshals' deputies and as- sistants. Sec. 386. Distribution of statutes and re- ports to judges. 387. Register of statutes and reports distributed. Sec. 346. Establishment of Department of Justice. There shall be at the seat of Government an Executive Depart- ment to be known as the Department of Justice, and an Attorney- General, who shall be the head thereof. Act Sept. 24, 1789, c. 20, $ 35, 1 Stat. 92. Act June 22, 1870, c. 150, § 1, 16 Stat. 162. Sec. 347. Solicitor-General. There shall be in the Department of Justice an officer learned in the law, to assist the Attorney-General in the performance of his duties, called the Solicitor-General, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of seven thousand five hundred dollars a year. In case of a vacancy in the office of Attorney-General, or of his absence or disability, the Solicitor-General shall have power to exercise all the duties of that office. Act June 22, 1870, c. 150, $ 2, 16 Stat. 162. The usual annual appropriation for compensation of the Solicitor- General is $7,000. The appropriation of the amount for the year ending June 30, 1902, is by Act March 3, 1901, c. 830, 8 1, 31 Stat. 1006. Sec. 348. Assistant Attorneys-General. There shall be in the Department of Justice three officers, learned in the law, called the Assistant Attorneys-General, who shall be ap- pointed by the President, by and with the advice and consent of the Senate, and shall assist the Attorney-General and Solicitor-Gen- eral in the performance of their duties. Each of them is entitled to a salary of five thousand dollars a year. Act June 22, 1870, c. 150, § 2, 16 Stat. 162. Act Feb. 25, 1871, c. 72, 16 Stat. 432. ACT JULY 11, 1890, c. 667, $ 1. Additional Assistant Attorney-General. For an additional assistant Attorney-General to be appointed by the President, by and with the advice and consent of the Senate, who shall receive a compensation at the rate of five thousand dollars per annum, * * Act July 11, 1890, c. 667, 8 1, 26 Stat. 265. This provision accompanies the appropriation for the Assistant At- Secs. 348–349) 203 Tit. 8— DEPARTMENT OF JUSTICE. torneys-General in the legislative, executive, and judicial appropriation act of 1890. An Assistant Attorney-General in the Post-Office Department is pro- vided for by Rev. St. $ 390. An additional Assistant Attorney-General, to facilitate the speedy disposition of Indian depredation claims in the Court of Claims, is pro- vided for by Act March 3, 1891, c. 538, § 12, and Act Dec. 21, 1893, c. 3, post, under Title XIII, “The Judiciary,” c. 21. An attorney to represent the United States in the Court of Private Land Claims is provided for by Act March 3, 1891, c. 539, $ 21, post, under Title XIII, “The Judiciary,” c. 21 A. Sec. 349. Solicitor of Treasury, etc., in Department of Justice. There shall be in the Department of Justice a Solicitor of the Treasury, an Assistant Solicitor of the Treasury, a Solicitor of In- ternal Revenue, a Naval Solicitor, and an Examiner of Claims for the Department of State, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be enti- tled to the following salaries: The Solicitor of the Treasury to four thousand dollars a year, the Assistant Solicitor of the Treasury to three thousand dollars a year, the Solicitor of Internal Revenue to five thousand dollars a year, the Naval Solicitor to three thousand five hundred dollars a year, and the Examiner of Claims for the Department of State four thousand dollars a year. Act June 22, 1870, c. 150, $$ 3, 9, 10, 16 Stat. 162, 163. Act May 29, 1830, c. 153, § 1, 4 Stat. 414. Act March 3, 1865, c. 76, § 1, 13 Stat. 468. Act July 23, 1866, c. 208, § 5, 14 Stat. 207. Act July 13, 1866, c. 184, $ 64, 14 Stat. 170. Act July 23, 1866, c. 208, § 5, 14 Stat. 207. Res. 66, May 27, 1870, § 1, 16 Stat. 378. Act March 3, 1873, c. 226, § 3, 17 Stat. 508. The powers and duties of the Solicitor of the Treasury in regard to lands and other property of the United States acquired by judicial process, or assigned, etc., to the United States in payment of debts, are prescribed by Rev. St. 88 3749-3751. The office of Naval Solicitor is abolished, by a provision of Act June 19, 1878, c. 329, § 1, set forth below. The designation of the Examiner of Claims for the Department of State is changed to Solicitor for the Department of State, by a pro- vision of Act March 3, 1891, c. 541, § 1, set forth below. The annual appropriations for compensation of the officers enumer- ated in this section vary from the amounts prescribed thereby. The appropriations for the year ending June 30, 1892, are, for Solicitor of the Treasury, $4,500; Assistant Solicitor, $3,000; and for Solicitor of Internal Revenue, $4,500; Solicitor of Department of State, $4,500. ACT JUNE 19, 1878, c. 329, § 1. Office of Naval Solicitor abolished. And so much of section three hundred and forty-nine of the Re- vised Statutes as provides for the appointment and payment of a salary to a "naval solicitor" is hereby repealed, and the office is abolished. Act June 19, 1878, c. 329, § 1, 20 Stat. 205. The Judge-Advocate General of the Navy, whose appointment in the Navy Department is provided for by Act June 8, 1880, c. 129, post, 204 (Secs. 349–351 Tit. 8— DEPARTMENT OF JUSTICE. under Rev. St. § 416, is authorized by that act to perform the duties theretofore performed by the solicitor. ACT MARCH 3, 1891, c. 541, § 1. Solicitor for Department of State. Examiner of Claims, to be designated hereafter as solicitor for the Department of State, * * Act March 3, 1891, c. 541, § 1, 26 Stat. 945. This provision is included in the appropriation for compensation of this officer, in the legislative, executive, and judicial appropriation act of 1891, cited above. Sec. 350. What officers under control of Attorney-General. The officers named in the preceding section shall exercise their functions under the supervision and control of the head of the De- partment of Justice. Act June 22, 1870, c. 150, $ 3, 16 Stat. 162. Act Aug. 2, 1861, c. 37, § 1, 12 Stat. 285. Act Aug. 6, 1861, c. 65, 12 Stat. 327. The reference in this section to "the preceding section" is to Rev. St. $ 349. Further provisions as to the duties which the solicitors and officers of the Department may be required to perform, under direction of the Attorney-General, are contained in Rev. St. $$ 360, 361, 367. Special powers, functions, and duties of the Solicitor of the Treas- ury are prescribed in Rev. St. $$ 372–380. The Secretary of State is authorized to prescribe duties for the Solicitor, not interfering with his duties as an officer of the Depart- ment of Justice, by a proviso of Act June 20, 1874, c. 328, § 1, ante, under Rev. St. 8 202. Sec. 351. Subordinate officers. There shall be in the Department of Justice, One chief clerk, at a salary of two thousand two hundred dollars a year. One law clerk, acting as examiner of titles, at a salary of three thousand dollars a year. One stenographic clerk, at a salary of two thousand dollars a year. One clerk, at a salary of two thousand dollars a year. One disbursing clerk. In the office of the Solicitor of the Treasury: One chief clerk, at a salary of two thousand dollars a year, and such temporary clerks as may from time to time be needed, but the allowances for such temporary clerks shall in no one year exceed one thousand dollars. Act March 3, 1853, c. 97, § 3, 10 Stat. 211. Act March 1865, c. 98, § 1, 13 Stat. 516. Act July 23, 1866, c. 208, § 5, 14 Stat. 207. Act June 22, 1870, c. 150, § 10, 16 Stat. 163. Act June 25, 1868, c. 71, § 5, 15 Stat. 75. Act June 22, 1870, c. 150, $ 3, 16 Stat. 162. This section enumerates the subordinate officers in the Department and their salaries at the time of the enactment of the Revised Stat- Secs. 352-353) 205 Tit. 8-DEPARTMENT OF JUSTICE. utes, as authorized by the then existing statutes, cited above. But the officers, clerks, and others actually appointed or employed, and their respective salaries and other compensation, depend on the spe- cific provisions made in the annual appropriation acts, each providing for the fiscal year next following; the employment or payment of others being forbidden by Act Aug. 5, 1882, c. 389, § 4, ante, under Rev. St. $ 169. Subsequent appropriation acts provide for officers and clerks and for salaries different from those fixed by the above section. The appropriations for the year ending June 30, 1902, are contained in the legislative, executive, and judicial appropriation act of March 3, 1901, c. 830, § 1, 31 Stat. 1006. Sec. 352. Rooms to be provided. The superintendent of the Treasury building shall from time to time provide such rooms as may be suitable and necessary for the accommodation of the Department of Justice, in some building in the vicinity of the Treasury building. Act June 22, 1870, c. 150, $ 13, 16 Stat. 164. Sec. 353. Seal. The seal heretofore provided for the office of the Attorney-General shall be, with such change as the President shall approve, the seal of the Department of Justice. Act March 5, 1872, c. 30, § 2, 17 Stat. 35. The seal adopted for the office of Solicitor of the Treasury remains in his charge, under Rev. St. § 372. ACT AUG. 8, 1888, c. 786. An Act to Provide for the Issuing and Recording of Certain Com- missions in the Department of Justice. (25 Stat. 387.) . Commissions of judicial officers. Be it enacted, &c., That hereafter the commissions of all judicial officers, including marshals and attorneys of the United States, ap- pointed by the President, by and with the advice and consent of the Senate, and all other commissions heretofore prepared at the De- partment of State upon the requisition of the Attorney-General, shall be made out and recorded in the Department of Justice, and shall be under the seal of said Department and countersigned by the Attorney-General, any laws to the contrary notwithstanding : Provided, That the said seal shall not be affixed to any such com- mission before the same shall have been signed by the President of the United States. Act Aug. 8, 1888, c. 786, 25 Stat. 387. Similar provisions relating to other Departments are contained in Act March 28, 1896, c. 73, ante, under Rev. St. § 182, and in other statutes referred to in the note under that act. All civil commissions for officers appointed by the President were required, by Rev. St. $ 1794, to be made out and recorded by the Secretary of State. 206 (Secs. 354-357 Tit. 8— DEPARTMENT OF JUSTICE. Sec. 354. Duties of Attorney-General. The Attorney-General shall give his advice and opinion upon ques- tions of law, whenever required by the President. Act Sept. 24, 1789, c. 20, $ 35, 1 Stat. 92. Act Feb. 1877, c. 69, 19 Stat. 241. Sec. 355. Title to land to be purchased by the United States. No public money shall be expended upon any site or land pur- chased by the United States for the purposes of erecting thereon any armory, arsenal, fort, fortification, navy-yard, custom-house, light-house, or other public building, of any kind whatever, until the written opinion of the Attorney-General shall be had in favor of the validity of the title, nor until the consent of the legislature of the State in which the land or site may be, to such purchase, has been given. The district attorneys of the United States, upon the application of the Attorney-General, shall furnish any assistance or information in their power in relation to the titles of the public property lying within their respective districts. And the Secretaries of the Departments, upon the application of the Attorney-General, shall procure any additional evidence of title which he may deem necessary, and which may not be in the possession of the officers of the Government, and the expense of procuring it shall be paid out of the appropriations made for the contingencies of the De- partments respectively. Res. Sept. 11, 1841, No. 6, 5 Stat. 468. All legal services connected with the procurement of titles to sites for public buildings, other than life-saving stations and pier headlights, are to be rendered by United States district attorneys, and the Attor- ney-General is directed to require from the grantors of sites for pub- lic buildings that they shall furnish free of all expense to the govern- ment the requisite abstracts, official certifications, and evidences of title that the Attorney-General shall deem necessary, by Act March 2, 1889, c. 411, post, under Title XLIII A, "Public Buildings and Works." Sec. 356. Opinion of Attorney-General upon questions of law. The head of any Executive Department may require the opinion of the Attorney-General on any questions of law arising in the ad- ministration of his Department. Act June 22, 1870, c. 150, $ 6, 16 Stat. 163. Sec. 357. Legal advice to Departments of War and Navy. Whenever a question of law arises in the administration of the Department of War or the Department of the Navy, the cognizance of which is not given by statute to some other officer from whom Secs. 358–361) 207 Tit. 8/DEPARTMENT OF JUSTICE. the head of the Department may require advice, it shall be sent to the Attorney-General, to be by him referred to the proper officer in his Department, or otherwise disposed of as he may deem proper. Act June 22, 1870, c. 150, § 6, 16 Stat. 163. Sec. 358. Reference of questions by Attorney-General to subordinates. Any question of law submitted to the Attorney-General for his opinion, except questions involving a construction of the Constitu- tion of the United States, may be by him referred to such of his subordinates as he may deem appropriate, and he may require the written opinion thereon of the officer to whom the same may be relerred. If the opinion given by such officer is approved by the Attorney-General, such approval indorsed thereon shall give the opinion the same force and effect as belong to the opinions of the Attorney-General. Act June 22, 1870, c. 150, § 4, 16 Stat. 162. Sec. 359. Conduct and argument of cases. Except when the Attorney-General in particular cases otherwise directs, the Attorney-General and Solicitor-General shall conduct and argue suits and writs of error and appeals in the Supreme Court and suits in the Court of Claims in which the United States is in- terested, and the Attorney-General may, whenever he deems it for the interest of the United States, either in person conduct and argue any case in any court of the United States in which the United States is interested, or may direct the Solicitor-General or any offi- cer of the Department of Justice to do so. Act Sept. 24, 1789, c. 20, $ 35, 1 Stat. 92. Act June 25, 1868, c. 71, § 5, 15 Stat. 75. Act June 22, 1870, c. 150, § 5, 16 Stat. 162. Sec. 360. Performance of duty by officers of Department of Justice. The Attorney-General may require any solicitor or officer of the Department of Justice to perform any duty required of the Depart- ment or any officer thereof. Act June 22, 1870, c. 150, § 14, 16 Stat. 164. Further provisions that the Solicitor-General or any officer of the Department may be sent to any State or District to attend to the interests of the United States, are contained in Rev. St. $ 367. Sec. 361. Officers of the Department to perform all legal services required for other Departments. The officers of the Department of Justice, under the direction of the Attorney-General, shall give all opinions and render all services requiring the skill of persons learned in the law necessary to enable the President and heads of Departments, and the heads of Bureaus 208 (Secs. 361-364 Tit. 8— DEPARTMENT OF JUSTICE. and other officers in the Departments, to discharge their respective duties; and shall, on behalf of the United States, procure the proper evidence for, and conduct, prosecute, or defend all suits and pro- ceedings in the Supreme Court and in the Court of Claims, in which the United States, or any officer thereof, as such officer, is a party or may be interested; and no fees shall be allowed or paid to any other attorney or counselor at law for any service herein required of the officers of the Department of Justice, except in the cases provided by section three hundred and sixty-three. Act June 22, 1870, c. 150, $ 14, 16 Stat. 164. The Departments and the Bureaus and officers thereof are required to furnish to the Attorney-General, for use in suits in the Court of Claims, all evidence, touching the claim, in their possession or knowl- edge, by Rev. St. § 188. Sec. 362. Superintendence of district attorneys and marshals. The Attorney-General shall exercise general superintendence and direction over the attorneys and marshals of all the districts in the United States and the Territories as to the manner of discharging their respective duties; and the several district attorneys and mar- shals are required to report to the Attorney-General an account of their official proceedings, and of the state and condition of their respective offices, in such time and manner as the Attorney-General may direct. Acts Aug. 2, 1861, c. 37, § 1, 12 Stat. 285. Act June 22, 1870, c. 150, $$ 16, 17, 16 Stat. 164. General supervisory power over the accounts of district attorneys, marshals, etc., is conferred on the Attorney-General by Rev. St. $ 368. Sec. 363. Retaining counsel to aid district attorneys. The Attorney-General shall, whenever in his opinion the public interest requires it, employ and retain, in the name of the United States, such attorneys and counselors at law as he may think nec- essary to assist the district attorneys in the discharge of their duties, and shall stipulate with such assistant attorneys and counsel the amount of compensation, and shall have supervision of their con- duct and proceedings. Act Aug. 2, 1861, c. 37, § 2, 12 Stat. 285. Act March 3, 1869, c. 121, § 1, 15 Stat. 283. Act April 10, 1869, c. 25, 16 Stat. 46. Act June 22, 1870, c. 150, $ 16, 16 Stat. 164. Authority to employ counsel in cases before the Board of General Appraisers is given by Act March 2, 1895, c. 187, § 1, post, under Rev. St. $ 366. Authority to appoint assistant district attorneys is. given by Act May 28, 1896, c. 252, § 8, post, under Rev. St. 8 767. Sec. 364. Attendance of counsel. Whenever the head of a Department or Bureau gives the Attor- ney-General due notice that the interests of the United States re- Secs. 364-367) 209 Tit. 8— DEPARTMENT OF JUSTICE. quire the service of counsel upon the examination of witnesses touching any claim, or upon the legal investigation of any claim, pending in such Department or Bureau, the Attorney-General shall provide for such service. Act Feb. 14, 1871, c. 51, § 3, 16 Stat. 412. A similar provision is contained in Rev. St. § 187. Sec. 365. Counsel fees restricted. No compensation shall hereafter be allowed to any person, besides the respective district attorneys and assistant district attorneys for services as an attorney or counselor to the United States, or to any branch or Department of the Government thereof, except in cases specially authorized by law, and then only on the certificate of the Attorney-General that such services were actually rendered, and that the same could not be performed by the Attorney-General, or Solicitor-General, or the officers of the Department of Justice, or by the district attorneys. Act June 22, 1870, c. 150, $ 17, 16 Stat. 164. Sec. 366. Appointment and oath of special attorneys or counsel. Every attorney or counselor who is specially retained, under the authority of the Department of Justice, to assist in the trial of any case in which the Government is interested, shall receive a com- mission from the head of such Department, as a special assistant to the Attorney-General, or to some one of the district attorneys, as the nature of the appointment may require; and shall take the oath required by law to be taken by the district attorneys, and shall be subject to all the liabilities imposed upon them by law. Act June 22, 1870, c. 150, $ 17, 16 Stat. 164. ACT MARCH 2, 1895, c. 187, § 1. Counsel before Board of General Appraisers. * * That the Attorney-General may, at the request of the Secre- tary of the Treasury, employ counsel to protect the interests of the Treasury Department in cases before the Board of General Ap- praisers, such counsel to be compensated at the rate of three thou- sand five hundred dollars per annum out of the general appropri- ation for expenses of collecting the revenue from customs. Act March 2, 1895, c. 187, § 1, 28 Stat. 848. This is a proviso annexed to an appropriation for expenses of col- lecting the revenue from customs, in the deficiency appropriation act of 1895. * Sec. 367. Interest of United States in pending suits, who may attend to. The Solicitor-General, or any officer of the Department of Jus- tice, may be sent by the Attorney-General to any State or District LAWS '01-14 210 (Secs. 367–370 Tit. 8/DEPARTMENT OF JUSTICE. in the United States to attend to the interests of the United States in any suit pending in any of the courts of the United States, or in the courts of any State, or to attend to any other interest of the United States. Act June 22, 1870, c. 150, § 5, 16 Stat. 162. Provision for payment of expenses of the Solicitor-General or officer sent on such business, while absent from the seat of government, is made by Rev. St. 370. Sec. 368. Accounts of district attorneys, marshals, etc. The Attorney-General shall exercise general supervisory powers over the accounts of district attorneys, marshals, clerks, and other officers of the courts of the United States. Act June 22, 1870, c. 150, § 15, 16 Stat. 164. Sec. 369. Requisitions. The Attorney-General shall sign all requisitions for the advance or payment of moneys appropriated for the Department of Justice, out of the Treasury, subject to the same control as is exercised on like estimates or accounts by the First Auditor or First Comp- troller of the Treasury. Act June 22, 1870, c. 150, $ 15, 16 Stat. 164. The designations of the First Auditor and First Comptroller of the Treasury are changed by Act July 31, 1894, c. 174, $$ 3, 4, ante, un- der Rev. St. 88 268, 276. General provisions as to the submission by the heads of Depart- ments to Congress of estimates of expenditures and appropriations are contained in Rev. St. 88 3660–3665, 3669, and the statutes collected under those sections. Sec. 370. Traveling expenses of officers of the Department. Whenever the Solicitor-General, or any officer of the Department of Justice, is sent by the Attorney-General to any State, District, or Territory, to attend to any interest of the United States, the per- son so sent shall receive, in addition to his salary, his actual and necessary expenses while absent from the seat of Government; the account thereof to be verified by affidavit. Act June 22, 1870, c. 150, 85, 16 Stat. 162. ACT MARCH 3, 1899, c. 424, § 1. Expenditures for supplies for courts and judicial officers. For supplies for the United States courts and judicial officers, to be expended under the direction of the Attorney-General, thirty-five thousand dollars: Provided, That the money heretofore, or that shall hereafter be, appropriated for this purpose shall be expended in payment for such supplies only as have been or shall be pur- Secs. 370–374) 211 Tit. 8— DEPARTMENT OF JUSTICE. chased, in the discretion of the Attorney-General, for delivery at the Department of Justice and distribution therefrom. * * Act March 3, 1899, c. 424, § 1, 30 Stat. 1116. This proviso, contained in the sundry civil appropriation act of 1899, may be regarded as permanent, although the appropriation to which it is annexed is temporary merely. Provisions for printing, at the Government Printing Office, blanks and letter heads for use by judges and other officials, upon forms to be prescribed by the Department of Justice, which are to be dis- tributed by it upon requisition, are contained in Act Jan. 12, 1895, c. 23, $ 97, post, under Title XLV, "Public Printing, Advertisements, and Public Documents." Sec. 371. Disbursement of moneys. All moneys drawn out of the Treasury upon the requisition of the Attorney-General shall be disbursed by such one of the clerks in the Department of Justice as the Attorney-General may designate. Act June 22, 1870, c. 150, § 11, 16 Stat. 163. Sec. 372. Records formerly appertaining to the office of agent of the Treasury. The Solicitor of the Treasury shall have charge, within the De- partment of Justice, of the books, papers, and records formerly ap- pertaining to the office of agent of the Treasury, or to the super- intendence of the collection of outstanding direct taxes and internal duties which have been transferred to him by the act of May twenty- nine, eighteen hundred and thirty, and remain in his charge; and of the seal adopted for the office of the Solicitor of the Treasury. Act May 29, 1830, c. 153, § 2, 4 Stat. 414. Act Feb. 22, 1849, c. 61, § 2, 9 Stat. 347. Sec. 373. Liability of district attorney upon receiving a bond for suit. Whenever the Solicitor of the Treasury receives information from a collector of duties that such collector has delivered any bond for duties to a district attorney for suit, the Solicitor of the Treasury shall make such entry thereof as that the attorney may duly appear chargeable therewith, until the amount has been paid to the United States, or he has obtained judgment thereon and delivered execu- tion to the marshal, or otherwise been duly discharged therefrom. Act May 29, 1830, c. 153, § 3, 4 Stat. 414. Sec. 374. Examination of reports of district attorneys and collectors upon bonds delivered for suit. The Solicitor of the Treasury shall make constant and strict examinations and comparisons of the reports made by collectors of bonds for duties delivered by them to district attorneys for suit, 212 (Secs. 375–378 Tit. 8— DEPARTMENT OF JUSTICE. and of the returns made by district attorneys of such bonds so re- ceived by them. Act May 29, 1830, c. 153, § 3, 4 Stat. 414. Sec. 375. False reports of bonds delivered for suit. Whenever it appears that any collector has made return of any bond as in suit, or delivered for suit, which is not, at the time, in suit, or delivered for suit, or has returned any bond as in suit for the whole amount thereof, when part thereof has been paid to him, or as in suit for more than is actually due thereon, the Solicitor of the Treasury shall, immediately upon discovery thereof, communi- cate the facts to the President of the United States. Act May 29, 1830, c. 153, § 3, 4 Stat. 414, Sec. 376. Measures taken for the discovery of frauds. The Solicitor of the Treasury, under direction of the Secretary of the Treasury shall take cognizance of all frauds or attempted frauds upon the revenue, and shall exercise a general supervision over the measures for their prevention and detection, and for the prosecution of persons charged with the commission thereof. Act March 3, 1863, c. 76, § 2, 12 Stat. 739. Sec. 377. Rules established by Solicitor of Treasury respecting suits. The Solicitor of the Treasury shall establish such regulations, not inconsistent with law, with the approbation of the Secretary of the Treasury, for the observance of collectors of the customs, and, with the approbation of the Attorney-General, for the observance of dis- trict attorneys and marshals respecting suits in which the United States are parties, as may be deemed necessary for the just respon- sibility of those officers, and the prompt collection of all revenues and debts due and accruing to the United States. But this section does not apply to suits for taxes, forfeitures, or penalties arising under the internal-revenue laws. Act May 29, 1830, c. 153, § 7, 4 Stat. 415. Provisions for similar regulations respecting suits under the internal revenue laws are contained in Rev. St. $ 3215. Sec. 378. Report by Solicitor of Treasury of moneys recovered. The Solicitor of the Treasury shall report all moneys recovered or collected under his direction to the officer from whom the bond or other evidence of debt was received, who shall give proper credit therefor; and he shall report in like manner all credits allowed by due course of law on any suits under his direction. Act May 29, 1830, c. 153, § 6, 4 Stat. 415. Secs. 379-383) 213 Tit. 8 DEPARTMENT OF JUSTICE. Sec. 379. Instructions by Solicitor of Treasury to district attorneys and other officers. The Solicitor of the Treasury shall have power to instruct the district attorneys, marshals, and clerks of the circuit and district courts in all matters and proceedings appertaining to suits in which the United States is a party or interested, except suits for taxes, penalties, or forfeitures under the internal-revenue laws, and to cause them, or either of them, to report to him from time to time any information he may require in relation to the same. Act May 29, 1830, c. 153, § 5, 4 Stat. 415. Sec. 380. Conduct of suits involving national banks. All suits and proceedings arising out of the provisions of law governing national banking associations, in which the United States or any of its officers or agents shall be parties, shall be conducted by the district attorneys of the several districts under the direction and supervision of the Solicitor of the Treasury. Act Feb. 25, 1863, c. 58, $ 55, 12 Stat. 680. Act June 3, 1864, c. 106, $ 56, 13 Stat. 116. Sec. 381. Duties of United States attorneys. In the prosecution of any suit for money due the Post-Office De- partment, the United States attorney conducting the same shall obey the directions which may be given him by the Department of Jus- tice. Act June 8, 1872, c. 335, $ 309, 17 Stat. 324. Sec. 382. Proceedings in equity in cases of Post-Office Department. When proceedings at law for money due the Post-Office Depart- ment are fruitless, the Department of Justice may direct the insti- tution of a suit in chancery, in any United States district or circuit court, to set aside fraudulent conveyances or trusts, or attach debts due the defendant, or obtain any other proper exercise of the pow- ers of equity to have satisfaction of any judgment against such de- fendant, Act June 8, 1872, c. 335, 8 310, 17 Stat. 324. Sec. 383. Publication of opinions. The Attorney-General shall from time to time cause to be edited, and printed at the Government Printing-Office, an edition of one thousand copies of such of the opinions of the law-officers herein authorized to be given as he may deem valuable for preservation in volumes, which shall be, as to size, quality of paper, printing, and 214 (Secs. 383–384 Tit. 8-DEPARTMENT OF JUSTICE. binding, of uniform style and appearance, as nearly as practicable, with volume eight of such opinions, published, by Robert Farnham, in the year eighteen hundred and sixty-eight. Each volume shall contain proper head-notes, a complete and full index, and such foot- notes as the Attorney-General may approve. Such volumes shall be distributed in such manner as the Attorney-General may from time to time prescribe. Act June 22, 1870, c. 150, $ 18, 16 Stat. 165. Appropriations have been made regularly for employment of a compe- tent person to edit and prepare for publication the successive volumes of Opinions of the Attorney-General, in accordance with this section. The appropriation for Vol. 22 and a Digest of the Opinions was by Act June 6, 1900, c. 791, § 1, 31 Stat. 639; for Vol. 23, by Act March 3, 1901, c. 853, § 1, 31 Stat. 1181. Sec. 384. Report of business and statistics. It shall be the duty of the Attorney-General to make to Congress, at the commencement of each regular session, a report of the busi- ness of the Department of Justice for the last preceding fiscal year, and of any other matters appertaining thereto that he may deem proper, including a statement of the several appropriations now or which may hereafter be placed under its control, the amount ap- propriated, and a detailed statement of the amounts used for de- fraying the expenses of the United States courts in each judicial district; also the statistics of crime under the laws of the United States, and a statement of the number of causes, civil and criminal, pending during the preceding year in each of the several courts of the United States. Act June 22, 1870, c. 150, $ 12, 16 Stat. 164. Act March 3, 1873, c. 238, § 1, 17 Stat. 578. Further requirements as to subjects to be included in this report are set forth below. Provisions applicable to all the Departments, as to the time of mak- ing annual reports, and the time of furnishing copies thereof to the printer, are contained in Rev. St. 88 195, 196. ACT JUNE 20, 1874, c. 328, § 1. Report of expenditure of contingent fund. * * And the Attorney-General shall hereafter annually report to Congress, in detail, the items, amounts, and causes of expenditure of the contingent expenses of this Department. Act June 20, 1874, c. 328, § 1, 18 Stat. 109. Provisions applicable to all the Departments, as to reports of ex- penditures of contingent funds, are contained in Rev. St. § 193. ACT JUNE 30, 1879, c. 52, $ 3. Report of payments from appropriations. That the Attorney-General shall include in his annual report a statement of all payments or expenditures during any fiscal year out of any appropriation fund subject to requisitions by him. Act June 30, 1879, c. 52, § 3, 21 Stat. 43. Provisions for requisitions by the Attorney-General for moneys ap- propriated for the Department are contained in Rev. St. $ 369. Secs. 385-386) 215 Tit. 8— DEPARTMENT OF JUSTICE. Sec. 385. Report of additional attorneys and counsel employed. The Attorney-General shall make an annual report to Congress of the names of all persons employed or retained as attorneys or counselors at law to assist any district attorneys in the performance of their duties, stating where and upon what business each was em- ployed, and the compensation paid to each. Act April 10, 1869, c. 25, 16 Stat. 46. Provisions for employment of such additional attorneys, etc., are contained in Rev. St. § 363. Further requirements as to similar matters to be reported are con- tained in Act May 28, 1896, c. 252, $ 23, set forth below. Provisions applicable to all the Departments, as to the time of mak- ing annual reports, and the time of furnishing copies thereof to the printer, are contained in Rev. St. $$ 195, 196. ACT MAY 28, 1896, c. 252, § 23. Report of assistants to district attorneys and marshals' deputies and assistants. The Attorney-General shall, in his annual report to Congress each year, include a statement in detail showing for the preceding fiscal year the number of assistant district attorneys employed, the salaries of each; the number of clerical assistants employed for each dis- trict attorney, the salaries of each; the amount expended for neces- sary subsistence, and actual and necessary traveling expenses of each district attorney and his assistants; the number of office dep- uties and clerical assistants employed for each marshal, the salaries paid to each; the amount expended for necessary subsistence and actual and necessary traveling expenses of each marshal and his office deputies, and the number of field deputy marshals employed by each marshal and the amount of fees earned by and the com- pensation paid to each of them out of such fees. Act May 28, 1896, c. 252, § 23, 29 Stat. 185. Authority to appoint assistant district attorneys is given by section 8 of this act, post, under Rev. St. § 767; and provisions for em- ployment by marshals of deputies and clerical assistance are contained in section 10 thereof, post, under Rev. St. $ 780. Sec. 386. [Repealed in part 1889.] Distribution of statutes and reports to judges. The Department of Justice shall be charged with the distribution to the various judges and courts of the statutes, reports, and other judicial documents provided by law. Act March 3, 1873, c. 238, § 2, 17 Stat. 578. Act Feb. 12, 1889, c. 135, $ 2, 25 Stat. 661. Subsequent provisions for the printing and distribution of copies of the Revised Statutes and the Supplements thereto, and of pamphlet copies and bound volumes of the Statutes at Large, are contained in Act Jan. 12, 1895, c. 23, $ 73, and later statutes set forth post, under Title XLV, "Public Printing, Advertisements, and Public Documents.” So much of this section as charges the Department of Justice with the distribution of the reports of the Supreme Court of the United States is repealed, and the Secretary of the Interior is charged with 216 (Sec. 387 Tit. 8-DEPARTMENT OF JUSTICE. such distribution, by Act Feb. 12, 1889, c. 135, $ 2, post, under Rev. St. 8 683. Sec. 387. Register of statutes and reports distributed. A register of the statutes of the United States and reports of the Supreme Court shall be kept, under the authority of the head of the Department of Justice, showing the quantity of each kind re- ceived by him from the Secretary of the Interior; and it shall be his duty to cause to be entered in such register, and at the proper time, when, where, and to whom the same, or any part of them, have been distributed and delivered, and to report the same to Con- gress in his annual report. Act March 3, 1873, c. 238, § 3, 17 Stat. 578. See note under preceding section as to subsequent provisions for dis- tribution of statutes, and the repeal of so much of the preceding section as charges the Department of Justice with the distribution of the Su- preme Court reports. TITLE IX . THE POST-OFFICE DEPARTMENT. . Sec. Sec. 388. Establishment of the Post-Office 397. Property in charge of the Depart- Department. ment. 389. Assistant Postmasters-General. Act March 3, 1881, c. 130, $ 1. Act March 3, 1877, c. 103, $$ 2-4. Accumulation of useless papers in 2. First Assistant Postmaster-Gen- the Department. eral may sign contracts for sta- 398. Postal arrangements with foreign tionery, etc. countries. 3. Second Assistant Postmaster-Gen- 399. Publication of postal conventions. eral may sign contracts for 400. Blank-agency at Washington. mail transportation and supplies 401. Foreign dead-letters. therefor. 402. Date of orders, entries, contracts, 4. Third Assistant Postmaster-Gen- etc., to be indorsed. eral may sign contracts for sup- 403. Form of bonds and contracts. plies of postage stamps, etc. 404. Copies of contracts for carrying Act March 3, 1891, c. 541, § 1. mail. Fourth Assistant Postmaster-Gen- 405. Orders and regulations affecting eral. accounts. Act Dec. 21, 1893, c. 6. Act June 17, 1878, c. 259, $ 2. Fourth Assistant Postmaster-General Disbursements for post-route maps; may approve postmasters' bonds. pay-rolls of topographer's office; 390. Assistant Attorney-General for vouchers. Post-Office Department. 406. Warrant of Postmaster-General, 391, 392. Oath of office; before whom on quarterly statement of Au- taken. ditor. 393. Clerks and employés. 407. Postal revenues and collections to Act April 16, 1890, c. 85. be paid into the Treasury. Assistant General Superintendent and 408. Deposits, how brought into the chief clerk, railway mail service. Treasury. Act June 13, 1898, c. 446, § 1. Act March 3, 1891, c. 547. Substitutes for clerks subpoenaed as Designation of officer to sign war- witnesses. rants. 394. Superintendent of free delivery. 409. Investigating and remitting fines, Act June 23, 1874, c. 456, § 1. penalties, and forfeitures. Superintendent of free delivery; sal- 410. Discharge of judgment debtors ary from imprisonment. Act Feb. 24, 1899, c. 187, § 1. 411. Subsequent execution on same Assistant Superintendents of free de- judgment. livery; traveling expenses. 412. Restriction upon employés being 395. Seal. interested in contracts. Act March 18, 1874, c. 57. 413. Reports of Postmaster-General. Commissions of Presidential postmas- 414. Copy of estimates to be furnished ters. to Secretary of Treasury. 396. Duties of Postmaster-General. (217) 218 (Secs. 388-389 Tit. 9— Post-OFFICE DEPARTMENT. Sec. 388. Establishment of the Post-Office Department. There shall be at the seat of Government an Executive Depart- ment to be known as the Post-Office Department, and a Postmaster- General, who shall be the head thereof, and who shall be appointed by the President, by and with the advice and consent of the Senate, and who may be removed in the same manner; and the term of the Postmaster-General shall be for and during the term of the President by whom he is appointed, and for one month thereafter, unless sooner removed. Act May 8, 1794, c. 23, § 3,1 Stat. 357. Act June 8, 1872, c. 335, 88 1, 2, 17 Stat. 283. Sec. 389. Assistant Postmasters-General. There shall be in the Post-Office Department three Assistant Postmasters-General, who shall be appointed by the President, by and with the advice and consent of the Senate, and who may be re- moved in the same manner, and who shall be entitled to a salary of four thousand dollars a year each. Act June 8, 1872, c. 335, $ 2, 17 Stat. 284. Act March 3, 1873, c. 226, $ 3, 17 Stat. 508. Act March 3, 1877, c. 103, $$ 3, 4, 19 Stat. 335. Provisions applicable to all the Departments, that in case of the death, resignation, or sickness of the head of the Department, the duties of the office may be performed, temporarily, by the assistant, are contained in Rev. St. $ 177. Provisions for authorizing the Assistant Postmasters-General to ap- prove bonds and sign contracts in the name of the Postmaster-General, contained in Act March 3, 1877, c. 103, $$ 2-4, are set forth below. A provision of the legislative, executive, and judicial appropriation act of March 3, 1891, c. 541, § 1, for a Fourth Assistant Postmaster-General, is set forth below. ACT MARCH 3, 1877, c. 103, SS 2-4. First Assistant Postmaster-General may sign contracts for stationery, etc. Sec. 2. That from and after the passage of this act the bonds of all postmasters may by the direction of the Postmaster General be ap- proved and accepted, and the approval and acceptance signed by the First Assistant Postmaster General in the name of the Postmaster General; and all contracts for stationery, wrapping-paper, letter- balances, scales, and street letter-boxes, for the use of the postal service may be signed in like manner by the First Assistant Post- master General in the place and stead of the Postmaster General, and his signature shall be attested by the seal of the Post-Office De- partment. Act March 3, 1877, c. 103, & 2, 19 Stat. 335. This and the two sections next following are provisions of an act en- titled "An Act Establishing Post-Roads and for Other Purposes," cited a bove. So much of this section as authorized the approval of postmasters' bonds by the First Assistant Postmaster-General is superseded by the Sec. 389) 219 Tit. 9— Post-OFFICE DEPARTMENT. provisions for such approval by the Fourth Assistant Postmaster-Gen- eral, contained in Act Dec. 21, 1893, c. 6, set forth below. Second Assistant Postmaster-General may sign contracts for mail transportation and supplies therefor. Sec. 3. That the Second Assistant Postmaster General on the order of the Postmaster General may sign with his name, in the place and stead of the Postmaster General, and attest his signature by the seal of the Post-Office Department, all contracts made in the said De- partment for mail transportation and for supplies of mail-bags, mail- catchers, mail-locks, and keys and all other articles necessary and incidental to mail-transportation. Act March 3, 1877, c. 103, § 3, 19 Stat. 335. Third Assistant Postmaster-General may sign contracts for supplies of postage stamps, etc. Sec. 4. That the Third Assistant Postmaster General, when directed by the Postmaster General, may also sign, in his name, in the place and stead of the Postmaster General, and attest his signature by the seal of the Post Office Department, all contracts for supplies of postage- stamps, stamped envelopes, newspaper-wrappers, postal-cards, reg- istered-package envelopes, locks, seals, and official envelopes for the use of postmasters, and return of dead letters, that may be re- quired for the postal service. Act March 3, 1877, c. 103, 84, 19 Stat. 335. ACT MARCH 3, 1891, c. 541, § 1. Fourth Assistant Postmaster-General. For Fourth Assistant Postmaster-General, four thousand dollars. Act March 3, 1891, c. 541, § 1, 26 Stat. 944. There is no provision expressly establishing the office of Fourth As- sistant Postmaster-General, but the subsequent annual appropriation acts provide for his compensation, as above, and for officers, clerks, and em- ployés in his office. The Fourth Assistant Postmaster-General is authorized to approve post- masters' bonds by Act Dec. 21, 1893, c. 6, set forth below. ACT DEC. 21, 1893, c. 6. An Act Authorizing the Fourth Assistant Postmaster General to Ap- prove Postmasters' Bonds. (28 Stat. 21.) Fourth Assistant Postmaster-General may approve postmasters' bonds. Be it enacted, &c., That from and after the passage of this Act the bonds of all postmasters, by the direction of the Postmaster-General, may be approved and accepted and the approval and acceptance signed by the Fourth Assistant Postmaster-General in the name of the Post- master-General. Act Dec. 21, 1893, c. 6, § 1, 28 Stat. 21. This act supersedes the provisions of Act March 3, 1877, c. 103, $ 2, set forth above, for approval of postmasters' bonds by the First As- sistant Postmaster-General, 220 (Secs. 390-393 Tit. 9— POST-OFFICE DEPARTMENT. Sec. 390. Assistant Attorney-General for Post-Office Department. There shall be employed in the Post-Office Department one As- sistant Attorney-General, who shall be appointed by the Postmaster- General, and shall be entitled to a salary of four thousand dollars a year. Act June 8, 1872, c. 335, § 3, 17 Stat. 284. The salary is increased by subsequent appropriations. That for the year ending June 30, 1902, is $4,500, by Act March 3, 1901, c. 830, § 1, 31 Stat. 1006. Secs. 391, 392. [As amended 1874.] Oath of office; before whom taken. That before entering upon the duties, and before they shall re- ceive any salary, the Postmaster General, and all persons employed in the postal service, shall respectively take and subscribe before some magistrate or other competent officer authorized to adminis- ter oaths by the laws of the United States, or of any State or Ter- ritory, the following oath or affirmation: “I, A. B. do solemnly swear (or affirm, as the case may be,) that I will faithfully perform all the duties required of me and abstain from everything forbidden by the laws in relation to the establish- ment of post-offices and post-roads within the United States; and that I will honestly and truly account for and pay over any money belonging to the said United States which may come into my pos- session or control; and I also further swear (or affirm) that I will support the Constitution of the United States; so help me God.” And this oath or affirmation may be taken before any officer civil or military holding a commission under the United States, and such officer is hereby authorized to administer and certify such oath or affirmation. Act June 8, 1872, c. 335, § 15, 17 Stat. 287. Act March 5, 1874, c. 46, 18 Stat. 19. These two sections of the Revised Statutes incorporated the provisions of section 15 of Act June 8, 1872, c. 335, first above cited. That section was amended, to read as above set forth, by Act March 5, 1874, c. 46, also cited above, which, though passed before the enactment of the Re- vised Statutes, took effect, by virtue of Rev. St. 8 5601, as a subsequent statute, repealing any portion of the revision inconsistent therewith. The oath prescribed by Rev. St. $ 1757, is to be taken by any person elected or appointed to any office of honor or profit, in the civil, military, or naval service, except the President, by Act May 13, 1884, c. 46, $ 2, post, under Rev. St. $ 1756. Sec. 393. Clerks and employés. There shall be in the Post-Office Department: One chief clerk, at a salary of two thousand two hundred dollars a year. One superintendent of the Post-Office building and disbursing clerk, at a salary of two thousand three hundred dollars a year. Sec. 393) 221 Tit. 9— POST-OFFICE DEPARTMENT. One topographer, at a salary of two thousand five hundred dol- lars a year. One stenographer, at a salary of one thousand eight hundred dol- lars a year. One messenger to the Postmaster-General, at a salary of nine hundred dollars a year. One captain of the watch, at a salary of one thousand dollars a year. One engineer, at a salary of one thousand six hundred dollars a year. One assistant engineer, at a salary of one thousand dollars a year. One carpenter, at a salary of one thousand two hundred and fifty- two dollars a year. One assistant carpenter, at a salary of one thousand dollars a year. One fireman and blacksmith, at a salary of nine hundred dollars a year. Two firemen, at a salary of seven hundred and twenty dollars a Three female laborers, at a salary of four hundred and eighty dol- lars a year each. In the office of the money-order system: One superintendent, at a salary of four thousand dollars a year. One chief clerk, at a salary of two thousand dollars a year. In the office of foreign mails : One superintendent, at a salary of four thousand dollars a year. One chief clerk, at a salary of two thousand dollars a year. In the dead-letter office: One chief of division, at a salary of two thousand five hundred year each. dollars a year. In the office of mail-depredations: One chief of division, at a salary of two thousand five hundred dollars a year. dollars a year. In the office of the blank-agency: One superintendent, at a salary of one thousand eight hundred One assistant superintendent, at a salary of one thousand six hun- dred dollars a year. Four assistants, at a salary of one thousand two hundred dollars a year each. In the office of each of the Assistant Postmasters-General: One chief clerk, at a salary of two thousand dollars a year. Act June 8, 1872, c. 335, $$ 3, 4, 17 Stat. 284. Act March 3, 1873, c. 226, § 3, 17 Stat. 508. This section enumerates the subordinate officers in the Department and their salaries at the time of the enactment of the Revised Statutes, as authorized by the then existing statutes, cited above. But the officers, clerks, and others actually appointed or employed, and their respective salaries and other compensation, depend on the specific provisions made in the annual appropriation acts, each providing for the fiscal year next following; the employment or payment of others being forbidden by Act Aug. 5, 1882, c. 389, § 4, ante, under Rev. St. $ 169. Subsequent ap- propriation acts provide for officers and clerks and for salaries different 222 (Secs. 393-394 Tit. 9— POST-OFFICE DEPARTMENT. from those fixed by the above section. The appropriations for the year ending June 30, 1902, are contained in the legislative, executive, and ju- dicial appropriation act of March 3, 1901, c. 830, 81, 31 Stat. 1003- 1005. Special provisions for an assistant general superintendent and a chief clerk of railway mail service, by Act April 16, 1890, c. 85, are set forth below. Provisions applicable to all the Departments, as to the employment of clerks and others, are contained in Rev. St. $ 169, and Act Aug. 5, 1882, c. 389, § 4, under that section. Provisions applicable to all the Departments, as to the duties of chief clerks and disbursing clerks, are contained in Rev. St. 88 173, 174, 176, and the statutes collected under those sections. The detail of clerks or other employés, paid from general appropria- tions for the postal service, from any branch of said service, to any of the offices or bureaus of the Post-Office Department, is forbidden by Act March 15, 1898, c. 68, $ 9, post, following Rev. St. $ 3860. ACT APRIL 16, 1890, c. 85. An Act Providing for the Appointment of an Assistant General Superintendent and a Chief Clerk, Railway Mail Service. (26 ( Stat. 56.) Assistant General Superintendent and chief clerk, railway mail serv- ice. Be it enacted, &c., That the Postmaster-General may appoint, and assign to duty, one assistant general superintendent, Railway Mail Service, who shall be paid a salary of three thousand dollars per year; and one chief clerk of Railway Mail Service, to be employed in the Post-Office Department, who shall be paid two thousand dol- lars per year; said assistant general superintendent and chief clerk to be also paid their necessary and actual expenses while traveling on the business of the Department. The salaries and expenses of these officers shall be paid out of the appropriation for the transpor- tation of mail on railways. Act April 16, 1890, c. 85, 26 Stat. 56. ACT JUNE 13, 1898, c. 446, 8 1. Substitutes for clerks subpoenaed as witnesses. * That the Postmaster-General be, and he is hereby, authorized to employ substitutes in the place of clerks subpoenaed as witnesses in the United States courts in cases arising under the United States laws, and to expend for the employment of such substitutes a sum equal to the compensation allowed the clerks during the time actually absent from duty attending court. Act June 13, 1898, c. 446, § 1, 30 Stat. 440. This is a provision of the post-office appropriation act for the fiscal year ending June 30, 1899, cited above. Sec. 394. Superintendent of free delivery. The Postmaster-General may designate one of the present fourth- class clerks to act as superintendent of free delivery in the Post- Secs. 394-395) 223 Tit. 9— Post-OFFICE DEPARTMENT. Office Department, at an annual salary of two thousand five hun- dred dollars: Provided, That the salary hereby fixed shall ter- minate at the end of the fiscal year ending June thirtieth, eighteen hundred and seventy-four. Act March 3, 1873, c. 231, § 1, 17 Stat. 557. This section was re-enacted, without the proviso limiting the continu- ance of the increased salary, by a clause of the postal service appropria- tion act of 1874, set forth below. ACT JUNE 23, 1874, c. 456, 8 1. * Superintendent of free delivery; salary. And for the more efficient management of the free-delivery sys- tem, the Postmaster-General may designate a fourth class clerk to act as superintendent of free delivery in the Post-Office Depart- ment at an annual salary of two thousand five hundred dollars ; Act June 23, 1874, c. 456; $ 1, 18 Stat. 231. Subsequent appropriations provide for a "general superintendent free- delivery system," at an increased salary. The amount appropriated for the year ending June 30, 1902, by Act March 3, 1901, c. 830, § 1, 31 Stat. 1003, is $3,500. Subsequent appropriation acts also provide for other officers, clerks, and employés in the Department in connection with the free-delivery service, as well as the general superintendent, among them assistant su- perintendents; there being no provision expressly establishing such of- fices. The appropriation for the year ending June 30, 1902, is by Act March 3, 1901, c. 830, § 1, 31 Stat. 1003. A provision for payment for traveling expenses to the assistant superintendents, by Act Feb. 24, 1899, c. 187, § 1, is set forth below. Provisions relating to the free delivery of mail are contained in Title XLVI, "The Postal Service," c. 2. * AOT FEB. 24, 1899, c. 187, § 1. Assistant superintendents of free-delivery; traveling expenses. Office First Assistant Postmaster-General: The assistant superintendents of free-delivery shall hereafter be allowed a per diem of four dollars in lieu of all expenses when traveling on business of the Department. Act Feb. 24, 1899, c. 187, § 1, 30 Stat. 884. The only statutory authority for the appointment of assistant superin- tendents of free delivery is in the annual appropriation acts. The earliest provision for two assistant superintendents is by Act Feb. 19, 1897, c. 265, § 1, 29 Stat. 573. Sec. 395. Seal. The Postmaster-General shall keep the seal heretofore adopted for his Department, which shall be affixed to all commissions of postmasters and others, and used to authenticate all transcripts and copies which may be required from his Department. Act June 8, 1872, c. 335, 85, 17 Stat. 285. All civil commissions for officers of the United States appointed by the President were required, by Rev. St. $ 1794, to be made out and recorded by the Secretary of State. But commissions of postmasters are under 224 (Secs. 395-396 Tit. 9—-POST-OFFICE DEPARTMENT. seal of the Post-Office Department, by Act March 18, 1874, c. 57, set forth below. The mode of affixing a seal, when necessary, is prescribed by Rev. St. § 6. ACT MARCH 18, 1874, c. 57. An Act to Provide for the Issuing and Recording of Commis- sions to Postmasters Appointed by the President by and with the Advice and Consent of the Senate. (18 Stat. 23.) Commissions of Presidential postmasters. Be it enacted, &c., That hereafter the commissions of all post- masters appointed by the President, by and with the advice and consent of the Senate, shall be made out and recorded in the Post Office Department, and shall be under the seal of said Department, and countersigned by the Postmaster General, any laws to the con- trary notwithstanding: Provided, That the said seal shall not be affixed to any such commission until after the same shall have been signed by the President of the United States. Act March 18, 1874, c. 57, 18 Stat. 23. Similar provisions relating to other Departments are contained in Act March 28, 1896, c. 73, ante, under Rev. St. $ 182, and in other statutes referred to in the note under that act. All civil commissions for officers appointed by the President were re- quired, by Rev. St. $ 1794, to be made out and recorded by the Secretary of State. Sec. 396. Duties of Postmaster-General. It shall be the duty of the Postmaster-General: First. To establish and discontinue post-offices. Second. To instruct all persons in the postal service with refer- ence to their duties. Third. To decide on the forms of all official papers. Fourth. To prescribe the manner of keeping and stating accounts. Fifth. To enforce the prompt rendition of returns relative to ac- counts. Sixth. To control, according to law, and subject to the settlement of the Sixth Auditor, all expenses incident to the service of the De- partment. Seventh. To superintend the disposal of the moneys of the De- partment. Eighth. To direct the manner in which balances shall be paid over; issue warrants to cover money into the Treasury; and to pay out the same. Ninth. To superintend generally the business of the department, and execute all laws relative to the postal service. Act June 8, 1872, c. 335, $ 6, 17 Stat. 285. Act March 3, 1877, c. 103, $ 2, 19 Stat. 335. Provisions relating to the duties of the Postmaster-General in regard to post-offices and postmasters, the carriage and delivery of the mail, and the various branches of the postal service, are contained in Title XLVI, "The Postal Service.” The performance by the Assistant Postmasters-General of certain acts Secs. 396-398). Tit. 225 . 9—Post-OFFICE DEPARTMENT. in the name of the Postmaster-General is provided for by Act March 3, 1877, c. 103, 88 2-4, and Act Dec. 21, 1893, c. 6, ante, under Rev. St. § 389. General provisions as to the submission by the heads of Departments to Congress of estimates of expenditures and appropriations are contained in Rev. St. 88 3660-3665, 3669, and the statutes collected under those sections. Sec. 397. Property in charge of the Department. The Postmaster-General shall make out and keep, in proper books, full and complete inventories and accounts of all the prop- erty belonging to the United States in the buildings, rooms, offices, and grounds occupied by him and under his charge; and shall add thereto, from time to time, an account of such property as may be procured subsequently to the taking of the same, and also an ac- count of the sale or disposal of any such property, and to report the same to Congress during the first week of each annual session. But this section shall not apply to the supplies of stationery and fuel. Act June 8, 1872, c. 335, $ 10, 17 Stat. 286. A similar provision except as to the annual report to Congress, re- lating to the heads of the various Departments, the Postmaster-Gen- eral included, is contained in Rev. St. $ 197. ACT MARCH 3, 1881, c. 130, § 1. Accumulation of useless papers in the Department. That the Postmaster-General is hereby authorized to sell as waste paper, or otherwise dispose of, the files of papers which have ac- cumulated, or may hereafter accumulate, in the Post-Office De- partment that are not needed in the transaction of current business and have no permanent value or historical interest; and the pro- ceeds of said sales he shall pay into the treasury, and make report thereof to Congress. Act March 3, 1881, c. 130, 81, 21 Stat. 412. Provisions applicable to all the Departments, for the disposition of useless papers, etc., are contained in statutes collected under Rev. St. $197. Other special provisions are made for the disposition of accumulations of useless papers in the postal service, as follows: Papers in the Office of the Auditor of the Treasury for the Post- Office Department, Act Aug. 5, 1882, c. 389, § 1, and Act March 15, 1898, c. 68, § 10, ante, under Rev. St. $ 241. Money Order statements, paid Money Orders, and paid Postal Notes, Act July 16, 1894, c. 137, $ 4, amended by Act March 3, 1897, c. 385, $ 1, ante, under Rev. St. § 241. Proposals for carrying the mail, reports of arrivals and departures of the mails, and certificates of oaths of carriers on mail routes, Act June 13, 1898, c. 446, $ 2, amending Rev. St. $ 3948, and incorporated in that section. Sec. 398. Postal arrangements with foreign countries. For the purpose of making better postal arrangements with for- eign countries, or to counteract their adverse measures affecting LAWS '01-15 226 (Secs. 398-402 Tit. 9—POST-OFFICE DEPARTMENT. our postal intercourse with them, the Postmaster-General, by and with the advice and consent of the President, may negotiate and conclude postal treaties or conventions, and may reduce or increase the rates of postage on mail-matter conveyed between the United States and foreign countries. Act June 8, 1872, c. 335, $ 167, 17 Stat. 304. The Postmaster-General is authorized to make arrangements with countries adjoining the United States for the transportation of the mail of such countries through the United States by Rev. St. & 4012. Sec. 399. Publication of postal conventions. The Postmaster-General shall transmit a copy of each postal con- vention concluded with foreign governments to the Secretary of State, who shall furnish a copy of the same to the Congressional Printer for publication; and the printed proof-sheets of all such con- ventions shall be revised at the Post-Office Department. Act June 8, 1872, c. 335, $ 20, 17 Stat. 287. A similar provision is contained in Rev. St. $ 3804. A further provision that copies of postal conventions transmitted to the Secretary of State shall be furnished by him to the Public Printer is contained in Rev. St. $ 210. The printing and distribution of treaties, conventions, etc., are pro- vided for by Act Jan. 12, 1895, c. 23, $ 73, post, under Title XLV, “Public Printing, Advertisements, and Public Documents." Postage on foreign mail matter is fixed, subject to be reduced by the Postmaster-General, by Rev. St. $ 3912. Sec. 400. Blank-agency at Washington. The Postmaster-General may establish a blank-agency for the Post-Office Department, to be located at Washington, District of Columbia. Act June 8, 1872, c. 335, $ 30, 17 Stat. 289. Sec. 401 Foreign dead-letters. The action of the Post-Office Department respecting foreign dead- letters shall be subject to conventional stipulations with the re- spective foreign administrations. Act June 8, 1872, c. 335, $ 197, 17 Stat. 308. Sec. 402. Date of orders, entries, contracts, etc., to be indorsed. Every order, entry, or memorandum whatever, on which any action is to be based, allowance made, or money paid, and every contract, paper, or obligation made by or with the Post-Office De- partment, shall have its true date affixed to it; and every paper re- lating to contracts or allowances filed in the Department shall have the date when it was filed indorsed upon it. Act June 8, 1872, c. 335, $ 18, 17 Stat. 287. Secs. 403-405) Tit. 9—Post-OFFICE DEPARTMENT. 227 Sec. 403. Form of bonds and contracts. All bonds taken and contracts entered into by the Post-Office Department shall be made to and with the United States of America. Act June 8, 1872, c. 335, $ 13, 17 Stat. 287. Provisions for authorizing the Assistant Postmasters-General to ap- prove postmasters' bonds and sign certain contracts in the name of the Postmaster-General are contained in Act March 3, 1877, c. 103, SS 2-4, and Act Dec. 21, 1893, c. 6, ante, under Rev. St. § 389. The prohibition of contracts by the departments for stationery or other supplies for a longer term than one year, incorporated in Rev. St. 3735, is not to apply to mail bags, mail locks and keys, postal cards, postage stamps, newspaper wrappers, or stamped envelopes, by Res. March 24, 1874, No. 6, post, following Rev. St. § 3735. Other contracts for a term of four years are authorized, as follows: For supplies for the free delivery service, by a provision of Act March 2, 1889, c. 374; for printing postal route maps, by a provision of Act March 2, 1895, c. 177; for printing the Official Postal Guide, by a provision of Act May 28, 1896, c. 252; all which provisions are set forth post, following Rev. St. § 3735. Sec. 404. Copies of contracts for carrying mail. The Postmaster-General shall deliver to the Sixth Auditor, within sixty days after the making of any contract for carrying the mail, a duplicate copy thereof. Act June 8, 1872, c. 335, $ 262, 17 Stat. 315. The Sixth Auditor is designated as Auditor for the Post-Office De- partment by Act March 3, 1875, c. 130, $ 2, ante, under Rev. St. $ 235, and Act July 31, 1894, c. 174, § 3, ante, under Rev. St. $ 276. Sec. 405. Orders and regulations affecting accounts. All orders and regulations of the Postmaster-General which may originate a claim, or in any manner affect the accounts of the postal service, shall be certified to the Sixth Auditor. Act June 8, 1872, c. 335, $ 29, 17 Stat. 289. The Sixth Auditor is designated as Auditor for the Post-Office De- partment, as stated in note under preceding section. ACT JUNE 17, 1878, c. 259, $ 2. Disbursements for post-route maps; pay-rolls of topographer's office; vouchers. * * That the disbursements of the moneys appropriated for the preparation and publication of post-route maps be made by a regular bonded disbursing-officer of the Post-Office Department, according to the laws, rules, and customs as recognized by the accounting-offi- cers of the Treasury Department: And provided also, That the pay- rolls of the draughtsmen, clerks, messengers, and other employees of the topographer's office, shall be regularly made out by the chief of the topographer's office, examined and checked by the appointment 228 (Secs. 405-407 Tit. 9— Post-OFFICE DEPARTMENT. clerk of the Post-Office Department, and the payments thereof made by a bonded disbursing-officer of the Post-Office Department: And also provided further, That all expenditures made by the chief of the topographer's office for the preparation and publication of post-route maps shall be accounted for by vouchers, accompanied by affidavit, and the moneys therefor shall be disbursed by a disbursing-officer of the Post-Office Department; and all of the above disbursements shall be paid out of the appropriation for the preparation and publication of post-route maps. Act June 17, 1878, c. 259, $ 2, 20 Stat. 143. These are provisos annexed to an appropriation, in addition to revenue of the Post-Office Department, in the postal appropriation act for the fiscal year ending June 30, 1879, cited above. Sec. 406. Warrant of Postmaster-General, on quarterly statement of Auditor. Upon the certified quarterly statement by the Sixth Auditor of the payments by postmasters on account of the postal service, the Postmaster-General shall issue his warrant to the Treasurer to carry the amount to the credit of the postal revenues and to the debit of the proper appropriations upon the books of the Auditor. Act June 8, 1872, c. 335, $ 53, 17 Stat. 292. The Sixth Auditor is designated as Auditor for the Post-Office De- partment, as stated in note to Rev. St. $ 404. Provisions changing the system of accounting in the Treasury De- partment are contained in Act July 31, 1894, c. 174, $$ 7-23, ante, un- der Rev. St. $ 277. Provisions for improving the methods of accounting in the Post- Office Department are contained in Act Jan. 27, 1894, c. 21, post, under Title XLVI, "The Postal Service," c. 13. Sec. 407. [As amended 1894.] Postal revenues and collections to be paid into the Treasury. The postal revenues and all debts due the Post-Office Depart- ment shall, when collected, be paid into the Treasury of the United States under the direction of the Postmaster-General, and the Treas- urer, Assistant Treasurer, or designated depository receiving such payment shall give the depositor a duplicate receipt therefor, to be retained by him in his office as a voucher, and shall forward the original to the Auditor of the Treasury for the Post-Office Depart- ment, to be placed to the credit of the depositor in audit of his ac- counts. Act June 8, 1872, c. 335, § 54, 17 Stat. 292. Act Jan. 22, 1894, c. 17, 28 Stat. 28. The amendment by Act Jan. 22, 1894, c. 17, cited above, consists in the change of the words with which the original section ended, "du- plicate receipts therefor,” after the word "depositor,” where it first oc- curs, to "a duplicate receipt therefor," and the addition of the remainder of the section as set forth here. The mode of payment of postal revenues, etc., into the Treasury is not changed by the amendment of Rev. St. § 3621, by Act May 28, 1896, c. 252, § 5, requiring deposit of public moneys, under a provise to that section as amended. Unclaimed money in dead letters for which no owner can be found; Secs. 407-409) 229 Tit. 9— Post-OFFICE DEPARTMENT. money taken from the mail by robbery, theft, etc., which may come into the hands of postal employés; fines and penalties imposed for viola- tions of postal laws; and all money derived from the sale of waste paper or other property of the Post-Office Department,-are required to be deposited in the Treasury, as part of the postal revenue, by Rev. St. $ 4050; and the neglect by any officer or employé in the postal service to make such deposit is punishable by Rev. St. $ 4053. The net proceeds of the money-order business are required to be placed to the credit of the Treasurer of the United States for the service of the Post-Office Department, and to be entered under the head “rev- enue from money-order business," by Rev. St. $ 4050. Sec. 408. Deposits, how brought into the Treasury. All deposits on account of the postal service shall be brought into the Treasury by warrants of the Postmaster-General, countersigned by the Auditor; and no credit shall be allowed for any deposit until such warrant has been issued. Act June 8, 1872, c. 335, $ 55, 17 Stat. 292. ACT MARCH 3, 1891, c. 547. Designation of officer to sign warrants. And the Postmaster-General may from time to tinie desig- nate any officer of the Post Office Department, above the grade of fourth-class clerk, to sign warrants in his stead, and such warrants when so signed, shall be of the same validity as if they had been signed by the Postmaster-General. Act March 3, 1891, c. 547, 26 Stat. 1081. This is a provision following an appropriation for the office of Third Assistant Postmaster-General in the postal appropriation act for the fiscal year ending June 30, 1892, cited above. The Postmaster-General is authorized to designate any officer of the Department above the grade of fourth-class clerk to sign warrants in his stead in the money order business by Act Jan. 27. 1894, c. 21, $ 12, post, under Rev. St. 8 4034. Sec. 409. Investigating and remitting fines, penalties, and forfeitures. In all cases of fine, penalty, forfeiture, or disability, or alleged liability for any sum of money by way of damages or otherwise, under any provision of law in relation to the officers, employés, operations, or business of the postal service, the Postmaster-Gen- eral may prescribe such general rules and modes of proceeding as shall appear to be expedient, for the government of the Sixth Au- ditor, in ascertaining the fact in each case in which the Auditor shall certify to him that the interests of the Department probably require the exercise of his powers over fines, penalties, forfeitures, and liabilities; and upon the fact being ascertained, the Auditor may, with the written consent of the Postmaster-General, mitigate or remit such fine, penalty, or forfeiture, remove such disability, or compromise, release, or discharge such claim for such sum of 230 (Secs. 409-413 Tit. 9— Post-OFFICE DEPARTMENT. money and damages, and on such terms as the Auditor shall deem just and expedient. Act June 8, 1872, c. 335, § 316, 17 Stat. 325. The Sixth Auditor is designated as Auditor for the Post-Office De- partment, as stated in note to Rev. St. § 404. Sec. 410. Discharge of judgment debtors from imprisonment. The Postmaster-General may discharge from imprisonment any person confined in jail on any judgment in a civil case, obtained in behalf of the Department, if it be made to appear that the defend- ant has no property of any description. Act June 8, 1872, c. 335, § 314, 17 Stat. 324. Similar provisions for discharge of poor debtors by the Secretary of the Treasury are contained in Rev. St. $ 3471; and provisions for such discharge by the President, in Rev. St. $ 3472. Sec. 411. Subsequent execution on same judgment. The release provided for by the preceding section shall not bar a subsequent execution against the property of the defendant on the same judgment. Act June 8, 1872, c. 335, § 314, 17 Stat. 324. Sec. 412. Restriction upon employés being interested in contracts. No person employed in the Post-Office Department shall become interested in any contract for carrying the mail, or act as agent, with or without compensation, for any contractor or person offer- ing to become a contractor, in any business before the Depart- ment; and any person so offending shall be immediately dismissed from office, and shall be liable to pay so much money as would have been realized from said contract, to be recovered in an action of debt, for the use of the Post-Office Department. Act June 8, 1872, c. 335, $ 12, 17 Stat. 286. Postmasters, assistants, and clerks employed in the post-offices are prohibited from being contractors, or concerned in contracts, for car- rying the mail, by Rev. St. § 3850. Sec. 413. [As amended 1897.] [ Reports of Postmaster-General. The Postmaster-General shall make the following annual reports to Congress : First. A report of the finances of the Department for the preced- ing year, showing the amount of balance due the Department at 'the beginning of the year, the amount of postage which accrued within the year, the amount of engagements and liabilities and the amount actually paid during the year for carrying the mail, showing Secs. 413-414) 231 Tit. 9— POST- PostOFFICE DEPARTMENT. -how much of the amount was for carrying the mail in preceding years. Second. A report of the amount expended in the Department for the preceding fiscal year, including detailed statements of expendi- tures made from the contingent fund. And the Postmaster-General shall cause all of such reports to be printed at the Public Printing Office, either together or separately, and in such numbers as may be required by the exigencies of the service or by law. Act June 8, 1872, c. 335, § 8, 17 Stat. 285. Act March 3, 1897, c. 385, § 1, 29 Stat. 644. The amendment of this section by Act March 3, 1897, c. 385, § 1, cited above, consists in the reduction of the reports required by the original section, ten in number, to the two specified in the section as above set forth. A requirement that the annual reports of the Auditor of the Treasury for the Post-Office Department should show the financial condition of the Post-Office Department at the close of each fiscal year, and be made a part of the Postmaster-General's annual report to Congress for that fiscal year, contained in Act July 12, 1876, c. 179, § 4, 19 Stat. 80, may be regarded as no longer applicable, since the provisions of Act July 31, 1894, c. 174, ante, under Rev. St. § 277, changing the system of accounting in the Treasury Department, and, besides other changes, requiring the Auditor to certify balances arising on accounts examined by him to the Postmaster-General for accounts of the postal revenue and expenditures therefrom, and to the Division of Bookkeep- ing and Warrants in the Treasury Department for other accounts. A provision of the postal service appropriation act of 1879, that the Postmaster-General should request from railroad companies transport- ing the mails, data to enable him to ascertain the cost of mail trans- portation, and that he should, in his annual report make recommenda- tions founded on the information so obtained, is set forth post, under Rev. St. § 3998. A report by the Postmaster-General of his action on claims of post- masters for losses from burglary, fire, etc., is required by a provision of Act March 17, 1882, c. 41, amended by Act May 9, 1888, c. 231, post, following Rev. St. § 3848. Provisions relating to estimates of expenditures and appropriations by the Postmaster-General are contained in Rev. St. $ 3668, and in Act March 3, 1879, c. 180, § 1, and Act June 9, 1896, c. 386, following Rev. St. § 3668. Provisions applicable to all the Departments, as to reports of expendi- tures of contingent funds, are contained in Rev. St. $ 193. Provisions applicable to all the Departments, as to the time of mak- ing annual reports, and the time of furnishing copies thereof to the printer, are contained in Rev. St. $$ 195, 196. Provisions for the printing and distribution of the reports of the Post- master-General are contained in Act Jan. 12, 1895, c. 23, § 73, post, under Title XLV, “Public Printing, Advertisements, and Public Docu- ments." The publication of the annual report in the Official Postal Guide is prohibited by Act Aug. 5, 1882, c. 389, § 1, post, under Rev. St. $ 3925. Sec. 414. Copy of estimates to be furnished to Secretary of Treasury. The Postmaster-General shall furnish a copy of his annual esti- mates to the Secretary of the Treasury prior to the first of Novem- 232 (Sec. 414 Tit. 9—Post-OFFICE DEPARTMENT. ber in each year, which shall be reported to Congress by the latter in his regular printed estimates. Act June 8, 1872, c. 335, $ 19, 17 Stat. 287. Section 3 of the legislative, executive, and judicial appropriation act of March 3, 1875, c. 129, which requires the heads of the several Depart- ments to furnish their annual estimates to the Secretary of the Treas- ury on or before the 1st day of October of each year, is set forth post, under Rev. St. § 3669. General provisions as to the submission by the heads of Departments to Congress of estimates of expenditures and appropriations are con- tained in Rev. St. $$ 3660–3665, 3669, and the statutes collected under those sections. The requisites of the estimates of the Postmaster-General are pre- scribed by Rev. St. $ 3668, and the statutes collected under that section. TITLE X. THE DEPARTMENT OF THE NAVY. Sec. Sec. 415. Establishment of the Department 423. Chief of Bureau of Construction of the Navy. and Repair. Act June 8, 1880, c. 129. Act March 3, 1893, c. 212, $ 1. Judge-Advocate General of the Navy. Naval Constructor eligible as Chief Act July 11, 1890, c. 667, § 1. of Bureau of Construction and Re- Assistant Secretary of the Navy. pair. Act March 3, 1891, c. 541, $ 1. 424. Chief of Bureau of Steam En- Duties of Assistant Secretary of the gineering. Navy. 425. Chief of Bureau of [Supplies and Act June 5, 1896, c. 331. Accounts]. Compensation of Judge-Advocate Act July 26, 1894, c. 165, § 1. General. Assistant to Chief of Bureau of Sup- Act April 17, 1900, c. 192, $ 1. plies and Accounts. Solicitor, assistant to Judge-Advo- Act March 3, 1899, c. 421. cate General. Pay of assistant to Chief of Bureau 416. Clerks and employés. of Supplies and Accounts. Act June 8, 1896, c. 373, § 1. 426. Chief of Bureau of Medicine and Appointment clerk. Surgery. Act March 3, 1901, c. 852, § 1. 427. Use of engraved plates of Wilkes's Additional experts, draftsmen, and Expedition. copyists. 428. Collection of enemies' flags. 417. Procurement of naval stores and 429. Reports to Congress by Secretary equipment of vessels. of the Navy. 418. Custody of the books and records. Act June 19, 1878, c. 311. Act Oct. 19, 1888, c. 1210, $ 3. 1. Statement of receipts and expendi- Scientific instruments for use of Sig- tures of Naval service. nal Service. 2. Account of balances in hands of 419. Establishment of Bureaus. disbursing agents. Act March 2, 1889, c. 371, § 1. Act Jan. 30, 1885, c. 43, § 3. Duty of Bureau to keep accounts of Report of expenditures for civilian supplies. employés other than ordinary me- Act July 19, 1892, c. 206, $ 1. chanics and working men. Designation of Bureau of Supplies 430. Estimates for expenses. and Accounts. 431. Hydrographic Office. 420. Custody of books and records of Act June 4, 1897, c. 2, $ 1. Bureaus. Branch hydrographic offices. 421. Appointment of chiefs of Bureaus. Act May 4, 1898, c. 234, $ 1. 422. Chiefs of Bureaus of Yards and Hydrographic Office attached to Bu- Docks, Equipment and Recruit- reau of Equipment. ing, Navigation, and Ordnance. 432. Maps, charts, etc. Act March 3, 1893, c. 212, § 1. Act May 4, 1878, c. 91, $ 1. Assistant to Chief of Bureau of Charts to be furnished to persons not Navigation in government service at cost. Act May 4, 1898, c. 234, § 1. 433. Money received from sale of Assistant to Chief of Bureau of maps, charts, etc. Ordnance. 434. Naval Observatory. (233) 234 (Sec. 415 Tit. 10—DEPARTMENT OF THE NAVY. Sec. Act March 3, 1901, c. 852, § 1. Board of visitors to Naval Observa- tory. Sec. 435. Meridians. 436. Nautical Almanac. Sec. 415. Establishment of the Department of the Navy. There shall be at the seat of Government an Executive Depart- ment, to be known as the Department of the Navy, and a Secre- tary of the Navy, who shall be the head thereof. Act April 30, 1798, c. 35, 81, 1 Stat. 553. ACT JUNE 8, 1880, c. 129. An Act to Authorize the President to Appoint an Officer of the Navy or the Marine Corps to Perform the Duties of Solicitor and Judge-Advocate General, and so forth, and to Fix the Rank and Pay of such Officer. (21 Stat. 164.) Judge-Advocate General of the Navy. Be it enacted, &c., That the President of the United States be, and he is hereby, authorized to appoint, for the term of four years, by and with the advice and consent of the Senate, from the officers of the Navy or the Marine Corps, a judge-advocate-general of the Navy, with the rank, pay, and allowances of a captain in the Navy or a colonel in the Marine Corps, as the case may be. And the office of the said judge-advocate-general shall be in the Navy Depart- ment, where he shall , under the direction of the Secretary of the Navy, receive, revise, and have recorded the proceedings of all , courts-martial, courts of inquiry, and boards for the examination of officers for retirement and promotion in the naval service, and per- form such other duties as have heretofore been performed by the solicitor and naval judge-advocate-general. Act June 8, 1880, c. 129, 21 Stat. 164. The office of Naval Solicitor in the Department of Justice, author- ized by Rev. St. $ 349, is abolished by a provision of Act June 19, 1878, c. 329, § 1, ante, under Rev. St. $ 349. The above act is amended, as to the compensation of the Judge- Advocate General, by Act June 5, 1896, c. 331, set forth below. The appointment of a solicitor, as assistant to the Judge-Advocate General, is authorized by a provision of Act April 17, 1900, c. 192, § 1, set forth below. ACT JULY 11, 1890, c. 667, § 1. Assistant Secretary of the Navy. * For an assistant Secretary of the Navy, to be appointed, from civil life, by the President, by and with the advice and consent of the Senate, who shall receive a compensation, at the rate of four thousand five hundred dollars per annum, Act July 11, 1890, c. 667, § 1, 26 Stat. 254. * ACT MARCH 3, 1891, c. 541, § 1. Duties of Assistant Secretary of the Navy. * * Assistant Secretary of the Navy, who shall hereafter perform Secs. 415-416) 235 Tit. 10—DEPARTMENT OF THE Navy. such duties as may be prescribed by the Secretary of the Navy or re- quired by law, * Act March 3, 1891, c. 541, § 1, 26 Stat. 934. * ACT JUNE 5, 1896, c. 331. An Act Amending the Act of June Eighth, Eighteen hundred and eighty, Entitled “An Act to Authorize the President to Appoint an Officer of the Navy or the Marine Corps to Perform the Duties of Solicitor and Judge-Advocate General, and so forth, and to Fix the Rank and Pay of such Officer,” and for Other Purposes. (29 Stat. 251.) Compensation of Judge-Advocate General. Be it enacted, &c., That the Act “to authorize the President to appoint an officer of the Navy or the Marine Corps to perform the duties of solicitor and judge-advocate-general, and so forth, and to fix the rank and pay of such officer," approved June eighth, eighteen hundred and eighty, is hereby amended by inserting in said Act in lieu of the words "with the rank, pay, and allowances of a captain in the Navy, or a colonel in the Marine Corps, as the case may be,” the words with the rank and highest pay of a captain the Navy, or the rank, pay, and allowances of a colonel in the Marine Corps, as the case may be:” Provided, That this amendment shall take effect from July nineteenth, eighteen hundred and ninety-two, the date on which the present incumbent entered on duty, and that the amount herein appropriated shall be payable from the appropriation “Pay of the Navy.' Act June 5, 1896, c. 331, 29 Stat. 251. > ACT APRIL 17, 1900, c. 192, $ 1. Solicitor, assistant to Judge-Advocate General. Judge-Advocate General, United States Navy: For a solicitor, to be an assistant to the Judge-Advocate of the Navy, and to perform the duties of that officer in case of his death, resignation, absence, or sickness, two thousand five hundred dollars; Act April 17, 1900, c. 192, § 1, 31 Stat. 117. Act March 3, 1901, c. 830, § 1, 31 Stat. 992. This provision of the legislative, executive, and judicial appropria- tion act of 1900 is repeated in the similar appropriation of 1901, cited above, and may be regarded as intended to be permanent. * * Sec. 416. Clerks and employés. There shall be in the Department of the Navy: One chief clerk, at a salary of two thousand five hundred dollars a year, so long as there is no Assistant Secretary of the Navy, and at a salary of two thousand two hundred dollars a year when there is an Assistant Secretary of the Navy. One disbursing clerk. 236 (Sec. 416 Tit. 10—DEPARTMENT OF THE NAVY. lars a year. One superintendent of the Navy Department building, at a salary of two hundred and fifty dollars a year. In the Bureau of Yards and Docks: One civil engineer, at a salary of three thousand dollars a year. One chief clerk, at a salary of one thousand eight hundred dollars a year. One draughtsman, at a salary of one thousand eight hundred dol- lars a year. In the Bureau of Equipment and Recruiting: chief clerk, at a salary of one thousand eight hundred dol- lars a year. In the Bureau of Construction and Repair : One chief clerk, at a salary of one thousand eight hundred dollars a year. One draughtsman, at a salary of one thousand eight hundred dol- lars a year. In the Bureau of Steam Engineering : One chief clerk, at a salary of one thousand eight hundred dollars a year. One draughtsman, at a salary of one thousand eight hundred dol- One assistant draughtsman, at a salary of one thousand two hun- dred dollars a year. In the Bureau of Navigation: One chief clerk, at a salary of one thousand eight hundred dol- lars a year. In the Bureau of Ordnance: One chief clerk, at a salary of one thousand eight hundred dol- lars a year. One draughtsman, at a salary of one thousand eight hundred dol- lars a year. In the Bureau of Provisions and Clothing : One chief clerk, at a salary of one thousand eight hundred dol- a lars a year. In the Bureau of Medicine and Surgery: One chief clerk, at a salary of one thousand eight hundred dol- lars a year. Act July 5, 1862, c. 134, 12 Stat. 510. Act July 2, 1864, c. 219, § 4, 13 Stat. 373. Aet July 23, 1866, c. 208, § 8, 14 Stat. 207. Act March 3, 1871, c. 113, $ 3, 16 Stat. 492. Act March 3, 1873, c. 226, § 1, 17 Stat. 501, 502. This section enumerates the subordinate officers in the Department and their salaries at the time of the enactment of the Revised Statutes, as authorized by the then existing statutes, cited above. But the of- ficers, clerks, and others actually appointed or employed, and their respective salaries and other compensation, depend on the specific provisions made in the annual appropriation acts, each providing for the fiscal year next following; the employment or payment of others being forbidden by Act Aug. 5, 1882, c. 389, $ 4, ante, under Rev. St. § 169. Subsequent appropriation acts provide for officers and clerks and for salaries different from those fixed by the above section. The appropriations for the year ending June 30, 1902, are contained in the legislative, executive, and judicial appropriation act of March 3, 1901, c. 830, § 1, 31 Stat. 992-995. Provisions applicable to all the Departments, relating to the employ- Secs. 416-417) Tit. 10—DEPARTMENT OF THE Nayy. 237 ment of clerks and others, are contained in Rev. St. $ 169, and Act Aug. 5, 1882, c. 389, $ 4, under that section. Provisions applicable to all the Departments, relating to the duties of chief clerks and disbursing clerks, are contained in Rev. St. $$ 173, 174, 176, and the statutes collected under those sections. Other special provisions relating to the appointment clerk and other clerks and employés in the Department are set forth below. ACT JUNE 8, 1896, c. 373, 1. Appointment clerk. Navy Department. That the title "appointment clerk," office of the Secretary, Navy Department, provided for in the legislative, ex- ecutive, and judicial appropriation Act for the fiscal year eighteen hundred and ninety-seven, is hereby amended to read: “Clerk in charge of civil employments and labor regulations at navy-yards, who shall also perform the duties of appointment clerk of the Navy Department, two thousand two hundred and fifty dollars” * * Act May 28, 1896, c. 252, $ 1,29 Stat. 164. Act June 8, 1896, c. 373, 8 1, 29 Stat. 285. The legislative, executive, and judicial appropriation act of May 28, 1896, c. 252, cited above, which is referred to in this provision, appropri- ated for "appointment clerk” $1,800, but before that act went into effect it was amended to read as above, by the deficiency appropriation act of June 8, 1896, c. 373, also cited above. ACT MARCH 3, 1901, c. 852, $ 1. Additional experts, draftsmen, and copyists. The Secretary of the Navy may employ and pay out of appropria- tions for “Public Works, Navy-Yards, and Stations, such additional expert aids, draftsmen writers, and copyists as may be necessary for the preparation of plans and specifications. Act March 3, 1901, c. 852, § 1, 31 Stat. 1120. This provision of the naval appropriation act of 1901 is expressed in general terms, and may be regarded as not limited to the appropria- tions for the fiscal year; but similar though merely temporary provi- sions have been made in previous appropriation acts. Similar provisions for employment of skilled draftsman, etc., in the War Department, are set forth ante, under Rev. St. $ 215; and in the Treasury Department, ante, under Rev. St. $ 235. Sec. 417. Procurement of naval stores and equipment of vessels. The Secretary of the Navy shall execute such orders as he shall receive from the President relative to the procurement of naval stores and materials, and the construction, armament, equipment, and employment of vessels of war, as well as all other matters con- nected with the naval establishment. Act April 30, 1798, c. 35, $. 1, 1 Stat. 553. Provisions for furnishing naval vessels or equipment to nautical and other schools, and to the naval militia of the States, are contained in Act June 20, 1874, c. 339, Act March 3, 1881, c. 141, Act Aug. 3, 1894, c. 192, and Act March 3, 1901, c. 863, post, following Rev. St. $ 1536. Provisions relating to contracts for naval supplies, etc., are con- 238 (Secs. 417-419 Tit. 10— DEPARTMENT OF THE Navy. tained in Rev. St. $$ 3714, 3718-3728, and subsequent provisions col- lected under those sections. General provisions for the submission by the heads of Departments to Congress of estimates of expenditures and appropriations are contained in Rev. St. $$ 3660-3667, 3669, and the statutes collected under those sections. Sec. 418. Custody of the books and records. The Secretary of the Navy shall have the custody and charge of all the books, records, and other property now remaining in and appertaining to the Department of the Navy, or hereafter acquired by it. Act April 30, 1798, c. 35, § 3, 1 Stat. 554. Provisions for the custody of the books and records of the several Bureaus of the Department are contained in Rev. St. § 420. ACT OCT. 19, 1888, c. 1210, § 3. Scientific instruments for use of Signal Service. * * That the Secretary of the Navy be, and he is hereby, au- thorized, in his discretion, to loan any scientific instruments in the possession of any of the bureaus under his charge, and not in use, to persons taking observations, or making investigations in con- nection with, or for the use of, the Signal Service under such regu- lations as he may prescribe, taking such security for the safe- keeping and return of such instruments on demand as he may deem necessary Act Oct. 19, 1888, c. 1210, 83, 25 Stat. 600. * Sec. 419. Establishment of Bureaus. The business of the Department of the Navy shall be distributed in such manner as the Secretary of the Navy shall judge to be ex- pedient and proper among the following Bureaus: First. A Bureau of Yards and Docks. Second. A Bureau of Equipment and Recruiting. Third. A Bureau of Navigation. Fourth. A Bureau of Ordnance. Fifth. A Bureau of Construction and Repair. Sixth. A Bureau of Steam Engineering. Seventh. A Bureau of Provisions and Clothing. Eighth. A Bureau of Medicine and Surgery. Act Aug. 31, 1842, c. 286, § 2, 5 Stat. 579. Act July 5, 1862, c. 134, SS 1, 4, 12 Stat. 510, 511. Special provisions relating to the duties of the Bureau of Provisions and Clothing, and changing its designation to Bureau of Supplies and Accounts, are set forth below. Provisions relating to the Hydrographic Office are contained in Rev. St. $8 431, 432. Provisions relating to the Naval Observatory are contained in Rev. St. $ 434. Secs. 419-421) 239 Tit. 10% DEPARTMENT OF THE NAVY. ACT MARCH 2, 1889, c. 371, $ 1. Duty of Bureau to keep accounts of supplies. It shall be the duty of the Bureau of Provisions and Cloth- ing to cause property accounts to be kept of all the supplies per- taining to the naval establishment, and to report annually to Con- gress the money value of the supplies on hand at the various sta- tions at the beginning of the fiscal year, the dispositions thereof, and of the purchases, and the expenditures of supplies for the year, and the balances remaining on hand at the end thereof. Act March 2, 1889, c. 371, § 1, 25 Stat. 817. The designation of the Bureau is changed to Bureau of Supplies and Accounts, by provisions of Act July 19, 1892, c. 206, § 1, set forth below. ACT JULY 19, 1892, c. 206, § 1. Designation of Bureau of Supplies and Accounts. Bureau of Provisions and Clothing, hereafter to be called Bureau of Supplies and Accounts: * * And all laws now in force relating to the Bureau of Provisions and Clothing shall now and hereafter apply to the Bureau of Sup- plies and Accounts. Act July 19, 1892, c. 206, § 1, 27 Stat. 243, 245. In the naval appropriation act of 1892, cited above, the words, "Bu- reau of Provisions and Clothing, hereafter to be called Bureau of Sup- plies and Accounts," appear as a heading, under which are the appro- priations for the Bureau for the year, followed by the further provi- sion as to laws relating to the Bureau set forth above. Sec. 420. Custody of books and records of Bureaus. The several Bureaus shall retain the charge and custody of the books of records and accounts pertaining to their respective duties; and all of the duties of the Bureaus shall be performed under the authority of the Secretary of the Navy, and their orders shall be considered as emanating from him, and shall have full force and effect as such. Act Aug. 31, 1842, c. 286, § 8, 5 Stat. 580. Act July 5, 1862, c. 134, § 4, 12 Stat. 511. Sec. 421. Appointment of chiefs of Bureaus. The chiefs of the several Bureaus in the Department of the Navy shall be appointed by the President, by and with the advice and consent of the Senate, from the classes of officers mentioned in the next five sections respectively, or from officers having the relative rank of captain in the staff corps of the Navy, on the active list, and shall hold their offices for the term of four years. Act July 5, 1862, c. 134, 88 1, 2, 12 Stat. 510. Act March 3, 1871, c. 117, § 10, 16 Stat. 537. 240 (Secs. 422-423 Tit. 10--DEPARTMENT OF THE Navy. Sec. 422. Chiefs of Bureaus of Yards and Docks, Equipment and Recruiting, Navigation, and Ordnance. The chiefs of the Bureau of Yards and Docks, of the Bureau of Equipment and Recruiting, of the Bureau of Navigation, and of the Bureau of Ordnance, shall be appointed from the list of offi- cers of the Navy, not below the grade of commander. Act July 5, 1862, c. 134, § 1, 12 Stat. 510. Provisions for the detail of officers of the Navy as assistants to the Chiefs of the Bureaus of Navigation and of Ordnance, respectively, in Act March 3, 1893, c. 212, § 1, and Act May 4, 1898, c. 234, 8.1, are set forth below. ACT MARCH 3, 1893, c. 212, § 1. Assistant to Chief of Bureau of Navigation. That an officer of the Navy not below the rank of commander may be detailed as assistant to the Chief of the Bureau of Naviga- tion in the Navy Department, and such officer shall receive the highest pay of his grade, and, in case of the death, resignation, ab- sence, or sickness of the Chief of the Bureau, shall, unless other- wise directed by the President, as provided by section one hundred and seventy-nine of the Revised Statutes, perform the duties of such Chief until his successor is appointed or such absence or sick- ness shall cease. Act March 3, 1893, c. 212, § 1, 27 Stat. 717. ACT MAY 4, 1898, c. 234, § 1. Assistant to Chief of Bureau of Ordnance. That a line officer of the Navy may be detailed temporarily as assistant to the Chief of the Bureau of Ordnance in the Navy De- partment, and that such officer during such detail shall receive the highest pay of his grade, and in the case of the death, resignation, absence, or sickness of the chief of the bureau shall, unless other- wise directed by the President, as provided by sections one and seventy-nine of the Revised Statutes, perform the duties of such chief until his successor is appointed or such absence or sickness shall cease, provided that, in case of the death, sickness, or absence on duty of the chief of the bureau and the assistant thereto, the chief clerk shall act as.chief of the bureau. Act May 4, 1898, c. 234, § 1, 30 Stat. 373. The reference in this provision to sections "one and seventy-nine" of the Revised Statutes is obviously intended to be to Rev. St. $ 179. Sec. 423. Chief of Bureau of Construction and Repair. The chief of the Bureau of Construction and Repair shall be ap- pointed from the list of officers of the Navy, not below the grade of commander, and shall be a skillful naval constructor. Act July 5, 1862, c. 134, § 1, 12 Stat. 510. A subsequent provision relating to the qualifications of chief of this Bureau, by Act March 3, 1893, c. 212, § 1, is set forth below. Secs. 423-425) Tit. 10— DEPARTMENT OF THE NAVY. 241 ACT MARCH 3, 1893, c. 212, 8 1. Naval Constructor eligible as Chief of Bureau of Construction and Repair. * And any Naval Constructor having the rank of Captain, Commander or Lieutenant Commander shall be eligible as Chief of the Bureau of Construction and Repair. Act March 3, 1893, c. 212, § 1, 27 Stat. 716. Sec. 424. [As amended 1900.] Chief of Bureau of Steam Engineering. The chief of the Bureau of Steam Engineering shall be appointed from the line of officers of the Navy not below the grade of lieuten- ant-commander, and shall be a skillful engineer. Act July 5, 1862, c. 134, § 1, 12 Stat. 510. Act June 7, 1900, c. 859, § 1, 31 Stat. 702. The amendment by Act June 7, 1900, c. 859, § 1, cited above, consists in the change of the provision of this section as originally enacted, that the chief of this Bureau should be appointed from the chief en- gineers of the Navy, to that set forth above. The officers of the En- gineer Corps are transferred to the line of the Navy by Act March 3, 1899, c. 413, 88 1-7, post, following Rev. St. & 1364. Sec. 425. Chief of Bureau of [Supplies and Accounts). The chief of the Bureau of Provisions and Clothing shall be ap- pointed from the list of paymasters of the Navy of not less than ten years' standing. Act July 5, 1862, c. 134, § 1, 12 Stat. 510. This Bureau is designated as Bureau of Supplies and Accounts, by provisions of Act July 19, 1892, c. 206, § 1, ante, under Rev. St. § 419. Provisions for the detail of an officer of the Navy as assistant to the chief of this Bureau, contained in Act July 26, 1894, c. 165, § 1, and for the pay of the officer so detailed, in Act March 3, 1899, c. 421, are set forth below. ACT JULY 26, 1894, c. 165, $ 1. Assistant to Chief of Bureau of Supplies and Accounts. Bureau of Supplies and Accounts. That an officer of the pay corps of the Navy may be detailed as assistant to the Chief of the Bureau of Supplies and Accounts in the Navy Department, and that such officer shall, in case of the death, resignation, absence, or sickness of the Chief of the Bureau, unless otherwise directed by the President, as provided by section one hundred and seventy- nine of the Revised Statutes, perform the duties of such chief until his successor is appointed or such absence or sickness shall or cease. Act July 26, 1894, c. 165, § 1, 28 Stat. 132. The pay of the officer detailed pursuant to this provision is prescribed by a provision of Act March 3, 1899, c. 421, set forth below. LAWS '01-16 242 Tit. 10— DEPARTMENT OF THE Navy. (Secs. 425-429 ACT MARCH 3, 1899, c. 421. Pay of assistant to Chief of Bureau of Supplies and Accounts. The officer of the Pay Corps of the Navy detailed as assistant to the Chief of the Bureau of Supplies and Accounts pursuant to the Act of Congress approved July twenty-seventh, eighteen hundred and ninety-four, shall hereafter receive the highest pay of his grade. Act March 3, 1899, c. 421, 30 Stat. 1038. This is a provision of the naval appropriation act for the year end- ing June 30, 1900, cited above. Sec. 426. Chief of Bureau of Medicine and Surgery. The chief of the Bureau of Medicine and Surgery shall be ap- pointed from the list of the surgeons of the Navy. Act July 5, 1862, c. 134, § 1, 12 Stat. 510. The detail of a medical officer of the Navy as assistant to the Bureau of Medicine and Surgery is authorized by Rev. St. § 1375. Sec. 427. Use of engraved plates of Wilkes's Expedition, The Joint Committee on the Library shall grant to the Depart- ment of the Navy the use of such of the engraved plates of the United States Exploring Expedition under Captain Wilkes, in charge of the committee, as may be desired for the purpose of printing a supply of charts for the use of the Department. Res. July 26, 1866, No. 80, 14 Stat. 366. Sec. 428. Collection of enemies' flags. The Secretary of the Navy shall from time to time cause to be collected and transmitted to him at the seat of Government all flags, standards, and colors taken by the Navy from the enemies of the United States. Act April 18, 1814, c. 78, § 1, 3 Stat. 133. A similar requirement of the Secretary of War, as to flags, etc., taken by the Army, is contained in Rev. St. $ 218. Sec. 429. Reports to Congress by Secretary of the Navy. The Secretary of the Navy shall make annual reports to Congress upon the following subjects: First. A statement of the appropriations of the preceding fiscal year for the Department of the Navy, showing the amount appro- priated under each specific head of appropriation, the amount ex- pended under each head, and the balance which, on the thirtieth day of June preceding such report, remained unexpended. Such re- port shall be accompanied by estimates of the probable demands which may remain on each appropriation. Sec. 429) 243 Tit. 10% DEPARTMENT OF THE Navy. Second. A statement of all offers for contracts for supplies and services made during the preceding year, by classes, indicating such as have been accepted. Third. A statement showing the amounts expended during the preceding fiscal year for wages of mechanics and laborers employed in building, repairing, or equipping vessels of the Navy, or in re- ceiving and securing stores and materials for those purposes, and for the purchase of material and stores for the same purpose; and showing the cost or estimated value of the stores on hand, under this appropriation, in the navy-yards, at the commencement of the next preceding fiscal year; and the cost or estimated value of arti- cles received and expended during the year; and the cost or esti- mated value of the articles belonging to this appropriation which may be on hand in the navy-yards at the close of the next preceding fiscal year. Fourth. A statement of all acts done by him in making sale of any vessel or materials of the Navy; specifying all vessels and ma- terials sold, the parties buying the same, and the amount realized therefrom, together with such other facts as may be necessary to a full understanding of his acts. Act May 1, 1820, c. 52, & 2, 3 Stat. 567. Act March 3, 1843, c. 83, 5 Stat. 617. Act July 27, 1866, c. 287, § 3, 14 Stat. 305. Subsequent provisions requiring detailed statements of receipts and expenditures in the Naval service are set forth below. Reports of proposals for Naval supplies are required by Rev. St. $ 3720. Provisions applicable to all the Departments, relating to the time of making annual reports, and the time of furnishing copies thereof to the printer, are contained in Rev. St. $$ 195, 196. General provisions relating to the submission by the heads of De- partments to Congress of estimates of expenditures and appropriations are contained in Rev. St. 88 3660-3665, 3669, and the statutes collected under those sections. ACT JUNE 19, 1878, c. 311. An Act to Regulate Expenditures in the Navy. (20 Stat. 167.) Statement of receipts and expenditures of Naval service. Be it enacted, &c., That from and after the passage of this act, it shall be the duty of the Secretary of the Treasury to transmit to Congress, annually, a tabular statement showing in detail the re- ceipts and expenditures in the Naval service under each appropria- tion, as made up and determined by the proper officers of the Treas- ury Department, upon the accounts of disbursing-officers rendered for settlement. Act June 19, 1878, c. 311, § 1, 20 Stat. 167. Account of balances in hands of disbursing agents. Sec. 2. There shall be appended to this statement an account of balances in the hands of disbursing agents at the close of each fiscal year, and a report of any amounts lost or unaccounted for by voucher Act June 19, 1878, c. 311, $ 2, 20 Stat. 167. 244 (Secs. 429-431 Tit. 10% DEPARTMENT OF THE NAVY. ACT JAN. 30, 1885, c. 43, $ 3. Report of expenditures for civilian employés other than ordinary me- chanics and workingmen. Sec. 3. That the Secretary of the Navy is hereby directed to re- port to Congress, at its next and each regular session thereafter, the amount expended during the prior fiscal year, from the appro- priations for the pay of the Navy, Bureaus of Navigation, Ordnance, Equipment and Recruiting, Yards and Docks, Medicine and Sur- gery, Provisions and Clothing, Construction and Repair, and Steam- Engineering, for civilians employed on clerical duty, or in any othe capacity than as ordinary mechanics and workingmen, and to sub- mit, under the estimates for pay of the Navy and for the respective Bureaus enumerated above, specific estimates for such civilian em- ployees for the fiscal year eighteen hundred and eighty-seven, and each fiscal year thereafter. Act Jan. 30, 1885, c. 43, § 3, 23 Stat. 295. The Bureau of Provisions and Clothing is to be designated as Bureau of Supplies and Accounts by a provision of Act July 19, 1892, c. 206, § 1, ante, following Rev. St. $ 419. Sec. 430. Estimates for expenses. All estimates for specific, general, and contingent expenses of the Department, and of the several Bureaus, shall be furnished to the Secretary of the Navy by the chiefs of the respective Bureaus. Act July 5, 1862, c. 134, § 5, 12 Stat. 511. Provisions relating to the estimates to be submitted by the Sec- retary of the Navy to Congress are contained in Rev. St. $$ 3666, 3667, and subsequent statutes collected under those sections. The appropriations for the expenses of the Navy Department are to be under the control of the Secretary of the Navy, and the appro- priation for each Bureau is to be kept separate in the Treasury, by Rev. St. § 3676. Provisions relating to the purchase, classification, and issue of sup- plies for the different branches of the Naval establishment, and to the charges against particular funds, are collected under Rev. St. § 3676. Provisions relating to contracts for Naval supplies, etc., are con- tained in Rev. St. $$ 3714, 3718-3728. Sec. 431. Hydrographic Office. There shall be a Hydrographic Office attached to the Bureau of Navigation in the Navy Department, for the improvement of the means for navigating safely the vessels of the Navy and of the mercantile marine, by providing, under the authority of the Secre- tary of the Navy, accurate and cheap nautical charts, sailing direc- tions, navigators, and manuals of instructions for the use of all ves- sels of the United States, and for the benefit and use of navigators generally. Act June 21, 1866, c. 129, § 1, 14 Stat. 69. The Hydrographic Office is attached to the Bureau of Equipment by a provision of Act May 4, 1898, c. 234, § 1, set forth below. The establishment of branch hydrographic offices is authorized by provisions of Act June 4, 1897, c. 2, § 1, set forth below. Provisions relating to the application of appropriations for publica- Secs. 431-432) Tit. 10-- DEPARTMENT OF THE Navy. 245 tion of foreign hydrographic surveys are contained in Rev. St. § 3686. The printing and distribution of publications of the Office of Naval Intelligence are provided for by Res. March 21, 1900, No. 14, post, under Title XLV, "Public Printing, Advertisements, and Public Doc- uments." ACT JUNE 4, 1897, c. 2, § 1. Branch hydrographic offices. That the Secretary of the Navy is hereby authorized to establish branch hydrographic offices at Duluth, in the State of Minnesota, Sault Sainte Marie, in the State of Michigan, and Buffalo, in the State of New York, the same to be conducted under the provisions of an Act entitled "An Act to establish a hydrographic office in the Navy Department,” approved June twenty-first, eighteen hun- dred and sixty-six. The Secretary of the Navy is hereby authorized to secure suffi- cient accommodations in said cities of Duluth, Sault Sainte Marie, and Buffalo for said hydrographic offices, and to provide the same with the necessary furniture, apparatus, supplies, and services al- lowed existing branch hydrographic offices, at a cost not exceeding fifteen thousand dollars, which sum, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for these purposes. Act June 4, 1897, c. 2, § 1, 30 Stat. 39. The provisions of Act June 21, 1866, c. 129, 14 Stat. 69, referred to in this act, are incorporated into Rev. St. $8 431-433. ACT MAY 4, 1898, c. 234, § 1. Hydrographic Office attached to Bureau of Equipment. * And the Hydrographic Office shall hereafter be attached to and be a part of the Bureau of Equipment. * * Act May 4, 1898, c. 234, § 1, 30 Stat. 374. Sec. 432. Maps, charts, etc. The Secretary of the Navy is authorized to cause to be prepared, at the Hydrographic Office attached to the Bureau of Navigation in the Navy Department, maps, charts, and nautical books relating to and required in navigation, and to publish and furnish them to navigators at the cost of printing and paper, and to purchase the plates and copyrights of such existing maps, charts, navigators, sail- ing directions and instructions, as he may consider necessary, and when he may deem it expedient to do so, and under such regulations and instructions as he may prescribe. Act June 21, 1866, c. 129, § 2, 14 Stat. 69. This section and Rev. St. § 433, are re-enacted, without substantial change, as part of the act providing for the public printing and binding and the distribution of public documents, Act Jan. 12, 1895, c. 23, S 77, post, under Tit. XLV, "Public Printing, Advertisements, and Pub- lic Documents." A further provision for furnishing charts to mariners or others at cost, contained in Act May 4, 1878, c. 91, § 1, is set forth below. 246 . Tit. 10— DEPARTMENT OF THE NAVY. (Secs. 432-434 ACT MAY 4, 1878, c. 91, 8 1. Charts to be furnished to persons not in Government service at cost. * * That all charts hereafter furnished to mariners or others not in the government service shall be paid for at the cost price of paper and printing paid by the government. Act May 4, 1878, c. 91, § 1, 20 Stat. 51. Act Feb. 14, 1879, c. 68, § 1, 20 Stat. 286. This is a proviso of the Naval appropriation act of 1878, attached to appropriations for expenses of preparing charts, etc. It is repeated in the same connection in the appropriation act of the next year, Act Feb. 14, 1879, c. 68, § 1, cited above. It appears to relate only to charts issued by the Navy Department. The sale of surplus charts of the Northwestern lakes by the Secretary of War is provided for by Rev. St. & 226. The distribution of charts issued by the Coast Survey is regulated by provisions collected under Title LVI, "The Coast Survey." Sec. 433. Money received from sale of maps, charts, etc. All moneys which may be received from the sale of maps, charts, and nautical books shall be returned by the Secretary of the Navy into the Treasury of the United States, to be used in the further preparation and publication of maps, charts, navigators, sailing di- rections, and instructions for the use of seamen, to be sold at the rates as set forth in the preceding section. Act June 21, 1866, c. 129, $ 3, 14 Stat. 69. This section and Rev. St. § 432, are re-enacted, substantially, by Act Jan. 12, 1895, c. 23, $ 77, as stated in note under Rev. St. § 432. Sec. 434. Naval Observatory. The officer of the Navy employed as superintendent of the Naval Observatory at Washington shall be entitled to receive the shore- duty pay of his grade, and no other. Act March 3, 1865, c. 114, 13 Stat. 533. The Superintendent of the Naval Observatory is to be a line officer of the Navy of a rank not below that of captain, by a provision of Act March 3, 1901, c. 852, § 1, set forth below. ACT MARCH 3, 1901, c. 852, § 1. Board of visitors to Naval Observatory. * There shall be appointed by the President, by and with the advice and consent of the Senate, from persons not officers of the United States a board of six visitors to the Naval Observatory, four to be astronomers of high professional standing and two to be eminent citizens of the United States. Appointments to this board shall be made for periods of three years, but provision shall be made by initial appointments for shorter terms so that two members shall retire in each year. Members of this board shall serve with- out compensation, but the Secretary of the Navy shall pay the ac- tual expenses necessarily incurred by members of the board in the discharge of such duties as are assigned to them by the Secretary Secs. 435–436) Tit. 10% DEPARTMENT OF THE Navy. 247 of the Navy or are otherwise imposed upon them. The board of visitors shall make an annual visitation to the Observatory at a date to be determined by the Secretary of the Navy, and may make such other visitations not exceeding two in number annually by the full board or by a duly appointed committee as may be deemed need- ful or expedient by a majority of the board. The board of visitors shall report to the Secretary of the Navy at least once in each year the result of its examinations of the Naval Observatory as respects the condition of buildings, instruments, and apparatus, and the effi- ciency with which its scientific work is prosecuted, and shall also report as respects the expenditures in the administration of the Observatory. The board of visitors shall prepare and submit to the Secretary of the Navy regulations prescribing the scope of the as- tronomical and other researches of the Observatory and the duties of its staff with reference thereto. When an appointment or detail is to be made to the office of astronomical director, director of the Nautical Almanac, astronomer, or assistant astronomer, the board of visitors may recommend to the Secretary of the Navy a suitable person to fill such office, but such recommendation shall be deter- mined only by a majority vote of the members present at a regu- larly called meeting of the board held in the city of Washington. The Superintendent of the Naval Observatory shall be, until further legislation by Congress, a line officer of the Navy of a rank not be- low that of captain. Act March 3, 1901, c. 852, § 1, 31 Stat. 1122. Sec. 435. Meridians. The meridian of the Observatory at Washington shall be adopted and used as the American meridian for all astronomical purposes, and the meridian of Greenwich shall be adopted for all nautical purposes. Act Sept. 28, 1850, c. 80, § 1, 9 Stat. 515. Sec. 436. Nautical Almanac. The Secretary of the Navy may place the supervision of the Nau- tical Almanac in charge of any officer or professor of mathematics in the Navy who is competent for that service. Such officer or professor, when so employed, shall be entitled to receive the shore- duty pay of his grade, and no other. Act March 3, 1857, c. 111, $ 3, 11 Stat. 246. Provisions relating to the printing and distribution of the Nautical Almanac and the Observations of the Naval Observatory are collected under Title XLV, "Public Printing, Advertisements, and Public Doc- uments." TITLE XI. THE DEPARTMENT OF THE INTERIOR . Page 248 252 255 Chap. 1. The Department... 2. The Secretary of the Interior. 3. The General Land-Office. 4. The Commissioner of Indian Affairs... 5. The Commissioner of Pensions... 6. The Patent-Office...... 7. The Superintendent of Public Documents. 8. The Returns Office. 9. The Office of Education.... [9A. The Office of the Commissioner of Railroads). Sec. 437 441 446 462 470 475 497 512 516 1 261 267 270 277 278 279 280 CHAPTER ONE. The Department. Sec. Sec. 437. Establishment of Department of Act March 3, 1875, c. 131, $ 14. the Interior. Commissions of officers under Secre- 438. Assistant Secretary of the In- tary of the Interior. terior. Res. Feb. 1, 1884, No. 4. Act July 31, 1886, c. 827, 8 1. Detail of clerks as assistant clerks Additional Assistant Secretary. to committees of House of Repre- 439. His duties. sentatives. 440. Clerks and employés. Act April 17, 1900, c. 192, § 1. Librarian for General Land Office. Sec. 437. Establishment of Department of the Interior. There shall be at the seat of Government an Executive Depart- ment to be known as the Department of the Interior, and a Secre- tary of the Interior, who shall be the head thereof. Act March 3, 1849, c. 108, 8 1, 9 Stat. 395. Sec. 438. Assistant Secretary of the Interior. There shall be in the Department of the Interior an Assistant Secretary of the Interior, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be en- titled to a salary of six thousand dollars a year, to be paid monthly. Act March 14, 1862, c. 41, § 6, 12 Stat. 369. Act March 3, 1873, c. 226, § 1, 17 Stat. 486. Act Jan. 20, 1874, c. 11, 18 Stat. 4. Provisions applicable to all the Departments, that, in case of the (248) Secs. 438-440) Tit. 11_DEPARTMENT OF THE INTERIOR—Ch249 . . 1. death, resignation, absence, or sickness of the head of the Department, the duties of the office may be performed, temporarily, by the assist- ant, are contained in Rev. St. & 177. The salary of the Assistant Secretary was reduced to $3,500 by the repeal, by Act Jan. 20, 1874, c. 11, ante, under Rev. St. § 35, of the increase from that amount to $6,000, by Act March 3, 1873, c. 226, $ 1, incorporated in the above section. Subsequent appropriations provide an increased salary for the Assistant Secretary; and, since 1886, pro- vide for two such officers, as set forth below. * * ACT JULY 31, 1886, c. 827, 8 1. Additional Assistant Secretary. Department of the Interior. First Assistant Secretary, four thousand five hundred dol- lars; Assistant Secretary, four thousand dollars. * Act July 31, 1886, c. 827, § 1, 24 Stat. 199. This provision of the legislative, executive, and judicial appropriation act of July 31, 1886, c. 827, cited above, is repeated annually in the subsequent similar appropriation acts. Sec. 439. His duties. The Assistant Secretary of the Interior shall perform such duties in the Department of the Interior as shall be prescribed by the Secretary, or may be required by law. Act March 14, 1862, c. 41, 8 6, 12 Stat. 369. Sec. 440. Clerks and employés. There shall also be in the Department of the Interior: One chief clerk, at a salary of two thousand two hundred dollars a year. A superintendent of the building, to be designated from the fourth- class clerks, who shall be paid two hundred dollars a year additional. Three disbursing clerks. The Secretary may, if he deem it necessary and proper, pay two hundred dollars a year additional to any four clerks of the fourth class. Three messengers, at a salary of nine hundred dollars a year each. One engineer, at a salary of one thousand four hundred dollars a year. One captain of the watch, at one thousand two hundred dollars a year. Twenty-eight watchmen for the general service of the Department building and all the bureaus therein, to be allotted to day or night service, as the Secretary may direct. Public Documents: One superintendent, at a salary of two thou- sand five hundred dollars a year. In the General Land-Office: One chief clerk, at a salary of two thousand dollars a year. 250 (Sec. 440 Tit. 11-DEPARTMENT OF THE INTERIOR-Ch. 1. year each. One principal clerk, on account of military bounty-lands, at a sal- ary of two thousand dollars a year. One draughtsman, at a salary of one thousand six hundred dol- lars a year. One assistant draughtsman, at a salary of one thousand four hun- dred dollars a year. Two packers, at a salary of seven hundred and twenty dollars a In the office of the Commissioner of Indian Affairs : One chief clerk, at a salary of two thousand dollars a year. In the office of the Commissioner of Pensions : One chief clerk, at a salary of two thousand dollars a year. One engineer, at one thousand four hundred dollars a year. One assistant engineer, at one thousand dollars a year. In the Patent-Office: One chief clerk, at a salary of two thousand five hundred dollars a year. One examiner in charge of interferences, at a salary of two thou- sand five hundred dollars a year. One examiner in charge of trade-marks, at a salary of two thou- sand five hundred dollars a year. Twenty-four principal examiners, at a salary of two thousand five hundred dollars a year each. Twenty-four first assistant examiners, at a salary of one thousand eight hundred dollars a year each. Twenty-four second assistant examiners, (two of whom may be women,) at a salary of one thousand six hundred dollars a year each. Twenty-four third assistant examiners, at a salary of one thou- sand four hundred dollars a year each. One librarian, at a salary of two thousand dollars a year. One machinist, at a salary of one thousand six hundred dollars a year. Three skilled draughtsmen, at a salary of one thousand two hun- dred dollars a year each. Thirty-five copyists of drawings, at a salary of one thousand dol- lars a year each. One messenger and purchasing clerk, at a salary of one thousand dollars a year. One skilled laborer, at a salary of one thousand two hundred dol- lars a year. Eight attendants in the model-room, at a salary of one thousand dollars a year each. Eight attendants in the model-room, at a salary of nine hundred dollars a year each. In the Office of Education: One chief clerk, at a salary of two thousand dollars a year. One statistician, at a salary of eighteen hundred dollars a year. One translator, at a salary of one thousand six hundred dollars a year Act March 3, 1849, c. 108, 9 Stat. 395, 396. Act April 25, 1812, c. 68, 2 Stat. 716. Act July 4, 1836, c. 352, 5 Stat. 107, 111. Act March Sec. 440) 251 Tit. 11-DEPARTMENT OF THE INTERIOR -Ch. 1. . 3, 1853, c. 97, 10 Stat. 189, 209. Act March 2, 1867, c. 158, 14 Stat. 434. Act March 3, 1873, c. 226, § 1, 17 Stat. 502, 503, 504. Act July 8, 1870, c. 230, 16 Stat. 198. This section enumerates the subordinate oficers in the Department and their salaries at the time of the enactment of the Revised Stat- utes, as authorized by the then existing statutes, cited above. But the officers, clerks, and others actually appointed or employed, and their respective salaries and other compensation, depend on the specific provisions made in the annual appropriation acts, each providing for the fiscal year next following; the employment or payment of others being forbidden by Act Aug. 5, 1882, c. 389, § 4, ante, under Rev. St. $ 169. Subsequent appropriation acts provide for officers and clerks and for salaries different from those fixed by the above section. A proviso annexed to the appropriation for the year ending June 30, 1899, Act March 15, 1898, c. 68, § 1, 30 Stat. 306, required that, in making reduction of force from the number before provided for, hon- orably discharged soldiers, etc., and the widows and daughters of de- ceased soldiers, etc., should be retained in preference. The appropria- tions for the year ending June 30, 1902, are contained in the legisla- tive, executive, and judicial appropriation act of March 3, 1901, c. 830, § 1, 31 Stat. 996–1000. Provision for the designation of one of the employés of the General Land Office as receiving clerk, to receive fees for exemplifications of patents and papers, is made by Rev. St. § 461. Provision for the designation of one of the employés of the Office of Indian Affairs as receiving clerk, to receive fees for certified copies of records, etc., is made by Act July 26, 1892, c. 256, § 4, post, under Rev. St. 8 463. Additional employés in the Patent-Office, for the purpose of revision of the classification of patents and publications, are authorized by Act June 10, 1898, c. 423, § 2, post, under Rev. St. § 486. All disbursements for the Patent Office are to be made by the dis- bursing clerk of the Department, under Rev. St. § 496. Provisions applicable to all the Departments, relating to the employ- ment of clerks and others, are contained in Rev. St. $ 169, and Act Aug. 5, 1892, c. 389, $ 4, under that section. Provisions applicable to all the Departments, relating to the duties of chief clerks and disbursing clerks, are contained in Rev. St. $$ 173, 174, 176, and the statutes collected under those sections. Special provisions relating to other clerks and employés in the De- partment are set forth below, or under the subsequent chapters of this title which relate to the offices or bureaus particularly affected, and the sections thereof relating to particular officers, their salaries, powers, and duties. ACT MARCH 3, 1875, c. 131, $ 14. Commissions of officers under Secretary of the Interior. That hereafter the commissions of all officers under the direc- tion of and control of the Secretary of the Interior shall be made out and recorded in the Department of the Interior, and the seal of the said Department affixed thereto; any laws to the contrary notwithstanding: Provided, That the said seal shall not be affixed to any such commission before the same shall have been signed by the President of the United States. And all commissions heretofore issued in conformity to the pro- visions of the third section of the act of thirty-first of May eighteen hundred and fifty-four, and all official acts done by offi- cers thus commissioned are hereby declared legal and valid. Act March 3, 1875, c. 131, § 14, 18 Stat. 420. Section 3 of Act May 31, 1854, c. 60, 10 Stat. 297, referred to in 252 (Secs. 440-441 Tit. 11-DEPARTMENT OF THE INTERIOR—Ch. 2. the last paragraph, contained the same provision as the first paragraph of this act, but was not incorporated in the Revised Statutes. Similar provisions relating to other Departments are contained in Act March 28, 1896, c. 73, ante, under Rev. St. $ 182, and other stat- utes referred to in the note under that act. RES. FEB. 1, 1884, No. 4. Joint Resolution Authorizing the Secretary of the Interior to De- tail from that Department two Clerks to Act as Assistant-Clerks to Certain House Committees. (23 Stat. 266.) Detail of clerks as assistant clerks to committees of House of Repre- sentatives. Resolved, &c., That the Secretary of the Interior, be, and is hereby authorized, if in his opinion the public interests will not suffer there- by, upon the request of either of the Committees hereinafter named, to detail from that department, one clerk to act as assistant-clerk to the House Committee on Pensions, and one clerk to act as as- sistant-clerk to the House Committee on Invalid Pensions. Res. Feb. 1, 1884, No. 4, 23 Stat. 266. ACT APRIL 17, 1900, c. 192, § 1. Librarian for General Land Office. General Land Office. * librarian for the law library of the General Land Office, to be selected by the Secretary of the Interior wholly with reference to his special fitness for such work. Act April 17, 1900, c. 192, § 1, 31 Stat. 121. Act March 3, 1901, c. 830, § 1, 31 Stat. 996. This provision of the legislative, executive, and judicial appropriation act of 1900 is repeated in the act of 1901, cited above, and may be regarded as intended to authorize a permanent appointment. * CHAPTER TWO. The Secretary of the Interior. Sec. Sec. 441. Duties of Secretary. Act March 3, 1875, c. 132, 8 8. 442. Powers of Secretary. Statement of expenditure of Indian 443. Supervision of census. appropriations. 444. Expenditures of the Department. Act March 3, 1885, c. 341, $ 1. 445. Annual reports to Congress. Report of expenditure of Indian edu- cation fund. Sec. 441. Duties of Secretary. The Secretary of the Interior is charged with the supervision of public business relating to the following subjects: First. The census; when directed by law. Second. The public lands, including mines. Third. The Indians. Secs. 441-444) Tit. 11-DEPARTMENT OF THE INTERIOR—Ch. 2. 253 Fourth. Pensions and bounty-lands. Fifth. Patents for inventions. Sixth. The custody and distribution of publications. Seventh. Education. Eighth. Government Hospital for the Insane. Ninth. Columbia Asylum for the Deaf and Dumb. Act March 3, 1849, c. 108, $$ 3, 5-9, 9 Stat. 395. Act July 8, 1870, c. 230, § 1, 16 Stat. 198. Act Feb. 5, 1859, c. 22, § 1, 11 Stat. 379. Act July 20, 1868, c. 176, § 1, 15 Stat. 92, 100. All laws providing for the delivery to the Department of the Interior of public documents for distribution, other than such as are for the use of that Department, are repealed, on the appointment by the Public Printer of a Superintendent of Documents, by Act Jan. 12, 1895, c. 23, post, under Title XLV, "Public Printing, Advertisements, and Public Docu- ments.” See note under chapter 7 of this Title. The Freedmen's Hospital and Asylum was continued under the di- rection of the Secretary of the Interior by a provision of Act June 23, 1874, c. 455, § 1, post, following Rev. St. 8 2038; but the expenditures therefor are to be under the supervision and control of the Commis- sioners of the District of Columbia, by a provision of Act March 3, 1893, c. 199, § 1, also set forth post, following Rev. St. $ 2038. Former powers of the Mayor of the City of Washington to convey certain low grounds in that city are vested in the Secretary of the Interior, by Act July 1, 1879, c. 62, post, following Rev. St. $ 3751. The Secretary of the Interior is authorized to prescribe rules govern- ing agents representing claimants before his department, and to sus- pend or disbar such agents, by Act July 4, 1884, c. 181, 85, following Rev. St. § 3479. Sec. 442. Powers of Secretary. The Secretary of the Interior shall hereafter exercise all the pow- ers and perform all the duties in relation to the Territories of the United States that were, prior to March first, eighteen hundred and seventy-three, by law or by custom exercised and performed by the Secretary of State. Act March 1, 1873, c. 217, 17 Stat. 484. Sec. 443. Supervision of census. The Secretary of the Interior shall exercise supervisory and ap- pellate powers in relation to all acts of marshals and others in tak- ing and returning the census of the United States. Act March 3, 1849, c. 108, 87, 9 Stat. 395. Sec. 444. Expenditures of the Department. The Secretary of the Interior shall sign all requisitions for the advance or payment of money, out of the Treasury, upon estimates or accounts for expenditures upon business assigned by law to his Department; subject, however, to adjustment and control by the proper accounting officers of the Department of the Treasury. Act March 3, 1849, c. 108, § 2, 9 Stat. 395. The powers and duties of the accounting officers of the Treasury 254 Tit. 11-DEPARTMENT OF THE INTERIOR—Ch. 2. (Sec. 445 Department are prescribed by provisions of Act July 31, 1894, c. 174, ante, under Rev. St. 88 268, 277. Sec. 445. Annual reports to Congress. The Secretary of the Interior shall make annual reports to Con- gress as follows: First. A report showing the nature, character, and amount of all claims presented to him during the preceding year under laws or treaty stipulations for compensation for depredations committed by Indians, whether allowed by him or not, and the evidence upon which his action was based. Second. A report showing the quantity and kind of the copies of public journals, books, and documents which have been received by him for distribution on behalf of the Government, and showing, also, the time when, the place where, and the person to whom, any of the same have been distributed and delivered during the preced- ing year. Act May 29, 1872, c. 233, 87, 17 Stat. 190. Act Feb. 5, 1859, c. 22, $ 3, 11 Stat. 380. The investigation and examination of Indian depredation claims, un- der acts previously in force, ceased on the taking effect of Act March 3, 1891, c. 538, conferring on the Court of Claims jurisdiction of such claims, by section 13 of that act, post, under Title XIII, “The Ju- diciary,” c. 20. Subsequent provisions requiring reports by the Secretary of ex- penditure of appropriations for Indians are set forth below. Provisions applicable to all the Departments, relating to the time of making annual reports, and the time of furnishing copies thereof to the printer, are contained in Rev. St. $$ 195, 196. General provisions relating to the submission by the heads of De- partments to Congress of estimates of expenditures and appropriations are contained in Rey. St. $S 3660–3665, 3669. ACT MARCH 3, 1875, c. 132, § 8. Statement of expenditure of Indian appropriations. That hereafter, the Secretary of the Interior cause to be prepared and delivered to the Public Printer, on or before the first day of November in each year, a tabular statement of the items paid out up to that date of the appropriations made for the Indian Depart- ment for the fiscal year previously ending, each item being placed under the appropriation from which it was paid, in such manner as to show the disposition made of each appropriation and the amount unexpended of each; also an itemized statement of the salaries and incidental expenses paid at each agency for the said year, and the appropriations out of which paid, and the number of Indians at each agency; and that the same be laid before Congress on the first day of the succeeding session; and that the report of the Commissioner of Indian Affairs, with the reports of agents, be printed and laid before Congress on the first day of the said session. Act March 3, 1875, c. 132, § 8, 18 Stat. 450. This is a provision of the Indian appropriation act of 1875, cited above. The report of the Commissioner of Indian Affairs, referred to in this section, is provided for by Rev. St. § 468. Secs. 445-446) Tit. 11— DEPARTMENT OF THE INTERIOR-Ch.3. 255 ACT MARCH 3, 1885, c. 341, § 1. Report of expenditure of Indian education fund. For support of schools. * * That the Secretary of the Interior shall report annually, on or before the first Monday of December of each year, in what manner and for what purposes the general edu- cation fund for the preceding fiscal year has been expended; and said report shall embrace the number and kind of school-houses erected, and their cost, as well as cost of repairs, names of every teacher employed, and compensation allowed, the location of each school, and the average attendance at each school: Act March 3, 1885, c. 341, § 1, 23 Stat. 381. Act May 15, 1886, c. 333, § 1, 24 Stat. 44. Act March 2, 1887, c. 320, § 1, 24 Stat. 465. This provision of the Indian appropriation act of 1885 is repeated in the similar acts of 1886 and 1887, cited above. CHAPTER THREE. The General Land-Office. Sec. 446. Commissioner of the General Land-Office. Act July 11, 1890, c. 667, § 1. Assistant Commissioner of the Gen- eral Land-Office. 447. Recorder of General Land-Office. 448, 449. [Repealed.] 450. Secretary to the President to sign land patents. Act June 19, 1878, c. 329, § 1. Executive clerk to sign land-patents. 451. Assistant secretary to sign land patents. 452. Restriction upon officers, clerks, and employés. 453. Duties of Commissioner. 454. Custody of seal, books, records, etc. Sec. 455. Plats of land surveyed. 456. Returns relative to lands. 457. Warrants for military lands. 458. Issue of patents for lands. 459. Duties of Recorder. Act March 2, 1895, c. 177, § 3. Engrossing and recording of patents; preventing duplication of reports and returns; performance of duties of Recorder in case of vacancy in office, etc. 460. Copies of papers filed in the De- partment. 461. Fees for exemplifications of pat- ents, etc. Act Oct 12, 1888, c. 1098. Sale of township maps or plats. Sec. 446. Commissioner of the General Land-Office. There shall be in the Department of the Interior a Commissioner of the General Land-Office, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of four thousand dollars a year. Act April 25, 1812, c. 68, § 11, 2 Stat. 717. Act July 4, 1836, c. 352, § 1, 5 Stat. 107. Act March 3, 1873, c. 226, $ 3, 17 Stat. 508. Subsequent appropriations provide an increased salary for the Com- missioner. The amount appropriated by Act March 3, 1901, c. 830, $ 1, 31 Stat. 996, is $5,000. 256 Tit. 11—DEPARTMENT OF THE INTERIOR—Ch. 3. (Secs. 446-450 * ACT JULY 11, 1890, c. 667, 8 1. Assistant Commissioner of the General Land-Office. General Land Office: * * One assistant commissioner, to be appointed by the President, by and with the advice and consent of the Senate, who shall be authorized to sign such letters, papers, and documents, and to perform such other duties as may be directed by the Commissioner, and shall act as Commissioner in the absence of that officer, or in case of a vacancy in the office of Commissioner, three thousand five hundred dollars; Act July 11, 1890, c. 667, § 1, 26 Stat. 257. Act March 3, 1891, c. 541, § 1, 26 Stat. 937. Act July 16, 1892, c. 196, § 1, 27 Stat. 213. Act March 3, 1893, c. 211, § 1, 27 Stat. 704. Act July 31, 1894, c. 174, § 1, 28 Stat. 193. Act March 2, 1895, c. 177, § 1, 28 Stat. 794. Act May 28, 1896, c. 252, § 1, 29 Stat. 168. Act Feb. 19, 1897, c. 265, § 1, 29 Stat. 567. Act March 15, 1898, c. 68, § 1, 30 Stat. 305. Act Feb. 24, 1899, c. 187, § 1, 30 Stat. 877. Act April 17, 1900, c. 192, § 1, 31 Stat. 121. Act March 3, 1901, c. 830, § 1, 31 Stat. 996. This provision of the legislative, executive, and judicial appropriation act of 1890 is repeated each year in the subsequent appropriation acts cited above. A provision of Rev. St. § 448, that the chief clerk of the General Land-Office should perform the duties of the Commissioner in case of a vacancy in that office, or of the absence or sickness of the Commis- sioner, may be regarded as superseded by this provision; and that sec- tion was expressly repealed by Act March 2, 1895, c. 177, § 3, post, under Rev. St. $ 459. By the same act the Assistant Commissioner is to perform the duties of the Recorder, which are imposed, by Rev. St. $ 459, on the Principal Clerk on Private Land Claims, in case of vacancy in the office or sick- ness or absence of the Recorder; the office of Principal Clerk on Private Land Claims being abolished by that act, post, under Rev. St. $ 459. Sec. 447. Recorder of General Land-Office. There shall be in the General Land-Office an officer called the Recorder of the General Land-Office, who shall be appointed by thie President, by and with the advice and consent of the Senate, and shall be entitled to a salary of two thousand dollars a year. Act July 4, 1836, c. 352, § 4, 5 Stat. 111. Act March 3, 1837, c. 33, § 1, 5 Stat. 163, 164. Secs. 448, 449. [Repealed. Act March 2, 1895, C. 177, § 3.] c These sections provided for the offices, in the General Land-Office, of Principal Clerk of the Public Lands, Principal Clerk on Private Land Claims, and Principal Clerk of the Surveys, and prescribed their salaries and duties. Both sections are expressly repealed by Act March 2, 1895, c. 177, § 3, post, under Rev. St. $ 459, Sec. 450. Secretary to the President to sign land-patents. The President is authorized to appoint, from time to time, by and with the advice and consent of the Senate, a secretary, at a Secs. 450-453) Tit. 11– DEPARTMENT OF THE INTERIOR—Ch. 3. 257 salary of one thousand five hundred dollars a year, whose duty it shall be, under the direction of the President, to sign in his name, and for him, all patents for land sold or granted under the authority of the United States. Act July 4, 1836, c. 352, § 6, 5 Stat. 111. The duties prescribed by this section are to be discharged by an executive clerk, under a provision of the legislative, executive, and judicial appropriation act of 1878, set forth below. A provision for the appointment of a person to sign bounty land war- rants in the name of the Commissioner of Pensions is contained in Rev. St. $ 473. ACT JUNE 19, 1878, c. 329, $ 1. Executive clerk to sign land patents. * * And the duties prescribed by section of the Revised Statutes numbered four hundred and fifty shall devolve upon and be discharged by one of the executive clerks, to be designated by the President for that purpose. Act June 19, 1878, c. 329, § 1, 20 Stat. 183. Sec. 451. Assistant secretary to sign land patents. If at any time the number of patents for lands sold or granted under the authority of the United States, is such that they cannot be signed within a reasonable time by the secretary appointed under the preceding section, the President may appoint an assistant secre- tary to sign the same, but such assistant shall be employed by the express direction of the President, and only for such time as may be necessary to bring up the arrears of patents which may be ready for signature. Act Jan. 26, 1848, c. 4, 9 Stat. 209. An executive clerk, designated by the President, is authorized to sign land patents, by Act June 19, 1878, c. 329, § 1, ante, under Rev. St. $ 450. Sec. 452. Restriction upon officers, clerks, and employés. The officers, clerks, and employés in the General Land-Office are prohibited from directly or indirectly purchasing or becoming inter- ested in the purchase of any of the public land; and any person who violates this section shall forthwith be removed from his office. Act April 25, 1812, c. 68, § 10, 2 Stat. 717. Act July 4, 1836, c. 352, $ 14, 5 Stat. 112. Similar restrictions are imposed on officers and clerks in the Treas- ury Department, as to engaging in trade or business, by Rev. St. $8 243, 244. Sec. 453. [As amended 1875.] Duties of Commissioner. The Commissioner of the General Land-Office shall perform, un- der the direction of the Secretary of the Interior, all executive du- LAWS'01-17 258 (Secs. 453-456 Tit. 11-DEPARTMENT OF THE INTERIOR-Ch. 3. ties appertaining to the surveying and sale of the public lands of the United States, or in anywise respecting such public lands, and, also, such as relate to private claims of land, and the issuing of patents for all grants of land under the authority of the Government. Act April 25, 1812, c. 68, § 1, 2 Stat. 716. Act July 4, 1836, c. 352, § 1, 5 Stat. 107. Act June 6, 1874, c. 223, 18 Stat. 62. Act Feb. 18, 1875, c. 80, 18 Stat. 317. The amendment of this section by Act Feb. 18, 1875, cited above, consists in inserting the word "grants" in the last clause, instead of "agents,” in the section as originally enacted. A provision of Act June 6, 1874, c. 223, § 3, also cited above, vested in the Commissioner the powers and duties of the office of Recorder of Land Titles in Missouri, when that office should be discontinued, as authorized by that act. The office was abolished by a provision of Act July 31, 1876, c. 246, § 1, post, following Rev. St. $ 2256. Sec. 454. Custody of seal, books, records, etc. The Commissioner of the General Land-Office shall retain the charge of the seal heretofore adopted for the office, which may continue to be used, and of the records, books, papers, and other property appertaining to the Office. Act April 25, 1812, c. 68, 88 4, 5, 2 Stat. 717. Sec. 455. Plats of land surveyed. The Commissioner of the General Land-Office shall, when re- quired by the President or either House of Congress, make a plat of any land surveyed under the authority of the United States, and give such information respecting the public lands and concerning the business of his office as shall be directed. Act April 25, 1812, c. 68, § 6, 2 Stat. 717. Sec. 456. [As amended 1894.] Returns relative to lands. All returns relative to the public lands shall be made to the Com- missioner of the General Land-Office. Act April 25, 1812, c. 68, § 9, 2 Stat. 717. Act July 31, 1894, C. 174, § 7, 28 Stat. 207. The amendment of this section by Act July 31, 1894, c. 174, § 7, cited above, consists in the omission of provisions for the settlement of accounts relative to the public lands, which followed the words of the section set forth above, thus: “And he shall have power to audit and settle all public accounts relative to the public lands; and upon the settlement of any such account, he shall certify the balance, and trans- mit the account with the vouchers and certificate to the First Comp- troller of the Treasury, for his examination and decision thereon." The portions of the section thus omitted are superseded by provisions for the settlement of such accounts by the accounting officers of the Treasury Department, in Act July 31, 1894, c. 174, ante, under Rev. St. $ 277. Regulations by the Commissioner to prevent duplication of returns Secs. 457-459) 259 Tit. 11-DEPARTMENT OF THE INTERIOR—Ch. 3. are provided for by Act March 2, 1895, c. 177, § 3, post, under Rev. St. 8 459. Sec. 457. Warrants for military lands. In all cases in which land has heretofore or shall hereafter be given by the United States for military services, warrants shall be granted to the parties entitled to such land by the Secretary of the Interior; and such warrants shall be recorded in the General Land-Office, in books to be kept for the purpose, and shall be lo- cated as is or may be provided by law; and patents shall afterwards be issued accordingly. Act April 25, 1812, c. 68, § 7, 2 Stat. 717. Sec. 458. Issue of patents for lands. All patents issuing from the General Land-Office shall be issued in the name of the United States, and be signed by the President, and countersigned by the Recorder of the General Land-Office; and shall be recorded in the Office, in books to be kept for the pur- pose. Act April 25, 1812, c. 68, § 8, 2 Stat. 717. Act March 3, 1841, c. 26, § 2, 5 Stat. 417. The signature of patents in the name of the President by a secretary or executive clerk is provided for by Rev. St. $$ 450, 451, and Act June 19, 1878, c. 239, § 1, ante, under Rev. St. $ 450. Sec. 459. Duties of Recorder. It shall be the duty of the Recorder of the General Land-Office, in pursuance of instructions from the Commissioner, to certify and affix the seal of the Office to all patents for public lands, and to at- tend to the correct engrossing, recording, and transmission of such patents. He shall prepare alphabetical indexes of the names of patentees, and of persons entitled to patents; and he shall prepare such copies and exemplifications of matters on file or recorded in the General Land-Office as the Commissioner may from time to time direct. Whenever the office of Recorder shall become vacant, or in case of his sickness or absence, the duties of his office shall be performed ad interim by the principal clerk on private land- claims. Act April 25, 1812, c. 68, § 8, 2 Stat. 717. Act July 4, 1836, c. 352, $ 4, 5 Stat. 111. The engrossing and recording of patents by means of typewriters or other machines is authorized by Act March 2, 1895, c. 177, § 3, set forth below. The duties of the Recorder, imposed by this section on the Principal Clerk on Private Land Claims, in case of vacancy in the office or sick- ness or absence of the Recorder, are to be performed by the Assistant Commissioner, under a further provision of the same section, set forth below. 260 (Secs. 459-461 Tit. 11-DEPARTMENT OF THE INTERIOR-— Ch. 3. Act March 2, 1895, c. 177, § 3. Engrossing and recording of patents; preventing duplication of reports and returns; performance of duties of Recorder in case of va- cancy in office, etc. The engrossing and recording of patents for public lands may be done by means of typewriters or other machines, under regula- tions to be made by the Secretary of the Interior and approved by the President. The duplication of reports and returns of registers and receivers to the General Land Office shall be prevented by such regulations as the Commissioner of the General Land Office, with the approval of the Secretary of the Interior, may make. Sections four hundred and forty-eight and four hundred and forty- nine of the Revised Statutes are repealed. Appropriations hereto- fore made for the salaries of the officers hereby abolished shall be available during the remainder of the fiscal year eighteen hundred and ninety-five for the pay of three chiefs of divisions, with such duties as the Commissioner of the General Land Office may assign to them. The duties imposed on the principal clerk of private land claims by section four hundred and fifty-nine of the Revised Stat- utes shall hereafter be performed by the Assistant Commissioner of the General Land Office. Section twenty-four hundred and fifty-two of the Revised Statutes is repealed. Act March 2, 1895, c. 177, § 3, 28 Stat. 807. Rev. St. $$ 448, 449, repealed by this section, provided for the offices, in the General Land-Office, of Principal Clerk of the Public Lands, Principal Clerk on Private Land Claims, and Principal Clerk of the Surveys, and prescribed their salaries and duties. Rev. St. & 2452, also repealed by this section, provided for reports to Congress of adjudications by the Commissioner of the General Land- Office. Sec. 460. Copies of papers filed in the Department. Whenever any person claiming to be interested in or entitled to land, under any grant or patent from the United States, applies to the Department of the Interior for copies of papers filed and re- maining therein, in anywise affecting the title to such land, it shall be the duty of the Secretary of the Interior to cause such copies to be made out and authenticated, under his hand and the seal of the General Land-Office, for the person so applying. Act Jan. 23, 1823, c. 6, 3 Stat. 721. Act July 4, 1836, c. 352, § 7, 5 Stat. 111. Sec. 461. [As amended 1888.] Fees for exemplifications of patents, etc. All exemplifications of patents or papers on file or of record in the General Land Office which may be required by parties inter- ested shall be furnished by the Commissioner upon the payment by such parties at the rate of fifteen cents per hundred words, and Sec. 461) Tit. 11—DEPARTMENT OF THE INTERIOR—Ch. 4. 261 thirty cents each for photolithographed copies of township plats or diagrams, unverified, not to exceed ten copies to any one person, and twenty-five cents each for all copies in excess of ten, with an additional sum of one dollar for the Commissioner's certificate of verification, with the General Land Office seal; and one of the em- ployees of the office shall be designated by the Commissioner as the receiving clerk, and the amount so received shall, under the direc- tion of the Commissioner, be paid into the Treasury; but fees shall not be demanded for such authenticated copies as may be required by the officers of any branch of the Government, nor for such un- verified copies as the Commissioner, in his discretion, may deem proper to furnish. Act July 2, 1864, c. 224, 13 Stat. 375. Act April 2, 1888, c. 54, 25 Stat. 76. The amendment of this section consists in the insertion of the provi- sion, “thirty cents each for photolithographed copies of township plats or diagrams, unverified, not to exceed ten copies to any one person, and twenty-five cents each for all copies in excess of ten," instead of the former provision, “two dollars for copies of township plats or dia- grams," in the section as originally enacted. The sale of such photolithographic plats or maps at lower prices is authorized by Act Oct. 12, 1888, c. 1098, set forth below. ACT OCT. 12, 1888, c. 1098. An Act to Authorize the Secretary of the Interior to Sell Town- ship Maps or Plats Remaining on Hand in his Office. (25 Stat. 557.) Sale of township maps or plats. Be it enacted, &c., That from and after the passage of this act the Secretary of the Interior, through the Commissioner of Public Lands, be, and he is hereby, authorized to sell the photolithographic township plats or maps of the States and Territories now remaining on hand in that Department to citizens of the United States at the following prices: Authenticated copies, fifty cents per copy; un- authenticated copies, twenty-five cents per copy; the proceeds of said sales to be covered into the Treasury of the United States by the Secretary of the Interior. Act Oct. 12, 1888, c. 1098, 25 Stat. 557. CHAPTER FOUR. The Commissioner of Indian Affairs. Sec. Sec. 462. Commissioner of Indian Affairs. Act July 26, 1892, c. 256. 463. Duties of Commissioner. 1. Recording of deeds and papers Act July 31, 1886, c. 827, § 1. legalized. Assistant Commissioner of Indian 2. Record of deeds by Indians re- Affairs. quiring approval. 262 Tit. 11–DEPARTMENT OF THE INTERIOR—Ch. 4. (Secs. 462-463 Sec. 3. Seal. 4. Certified copies of records, etc., and fees therefor. 464. Accounts for claims and disburse- ments. 465. Regulations relating to Indian Affairs. 466. Presentation and payment of claims for Indian depredations. 467. Sale of arms, etc., to Indians pro- hibited. Sec. 468. Commissioner to report annually to Congress. 469. Reports of Indian supplies. Act Aug. 15, 1876, c. 289, $ 3. Statement of bids or proposals for services, supplies, etc. Act March 8, 1892, c. 12. Report of employés of Indian Bu- reau. Act July 13, 1892, c. 164, § 9. Report of employés at schools. Sec. 462. Commissioner of Indian Affairs. There shall be in the Department of the Interior a Commissioner of Indian Affairs, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be en- titled to a salary of three thousand dollars a year. Act July 9, 1832, c. 174, § 1, 4 Stat. 564. Subsequent appropriations provide an increased salary for the Com- missioner. The amount appropriated by Act March 3, 1901, c. 830, $ 1, 31 Stat. 997, is $4,000. Sec. 463. Duties of Commissioner. The Commissioner of Indian Affairs shall, under the direction of the Secretary of the Interior, and agreeably to such regulations as the President may prescribe, have the management of all Indian affairs, and of all matters arising out of Indian relations. Act July 9, 1832, c. 174, § 1, 4 Stat. 564. Act July 27, 1868, c. 259, § 1, 15 Stat. 228. ACT JULY 31, 1886, c. 827, § 1. Assistant Commissioner of Indian Affairs. Indian Office: * Assistant Commissioner, who shall also per- form the duties of chief clerk, three thousand dollars; * * Act July 31, 1886, c. 827, § 1, 24 Stat. 200. Act March 3, 1887, c. 392, § 1, 24 Stat. 623. Act July 11, 1888, c. 615, § 1, 25 Stat. 286. Act Feb. 26, 1889, c. 279, § 1, 25 Stat. 735. Act July 11, 1890, c. 667, § 1, 26 Stat. 258. Act March 3, 1891, c. 541, § 1, 26 Stat. 938. Act July 16, 1892, c. 196, § 1, 27 Stat. 213. Act March 3, 1893, c. 211, § 1, 27 Stat. 704. Act July 31, 1894, c. 174, § 1, 28 Stat. 194. Act March 2, 1895, c. 177, § 1, 28 Stat. 795. Act May 28, 1896, c. 252, § 1, 29 Stat. 168. Act Feb. 19, 1897, c. 265, § 1, 29 Stat. 568. Act March 15, 1898, c. 68, 81, 30 Stat. 305, 306. Act Feb. 24, 1899, c. 187, § 1, 30 Stat. 878. Act April 17, 1900, c. 192, § 1, 31 Stat. 122. Act March 3, 1901, c. 830, § 1, 31 Stat. 997. This provision of the legislative, executive, and judicial appropria- tion act of 1886 is repeated each year in the subsequent appropriation acts cited above. ACT JULY 26, 1892, c. 256. An Act to Legalize the Deed and Other Records of the Office Sec. 463) Tit. 11-DEPARTMENT OF THE INTERIOR-Ch. 4. 263 of Indian Affairs, and to Provide and Authorize the Use of a Seal by said Office. (27 Stat. 272.) Recording of deeds and papers legalized. Be it enacted, &c., That the recording of all deeds and papers heretofore made and done in the office of the Commissioner of In- dian Affairs be, and is hereby, confirmed, approved, and legalized; and said record heretofore made shall be deemed, taken, and held to be good and valid and shall have all the force and effect and be entitled to the same credit as if it had been made in pursuance of and in conformity to law. But shall have no effect whatever upon the validity or invalidity of the deed or paper so recorded, and shall be no evidence of constructive notice to any persons not actually knowing the contents. Act July 26, 1892, c. 256, § 1, 27 Stat. 272. Record of deeds by Indians requiring approval. Sec. 2. That the Commissioner of Indian Affairs is hereby em- powered and directed to continue to make and keep a record of every deed executed by any Indian, his heirs, representatives, or assigns, which may require the approval of the President of the United States or of the Secretary of the Interior, whenever such approval shall have been given, and the deed so approved returned to said office. Act July 26, 1892, c. 256, § 2, 27 Stat. 272. Seal. Sec. 3. That the Commissioner of Indian Affairs shall cause a seal to be made and provided for the said office, with such device as the President of the United States shall approve, and copies of any public documents, records, books, maps, or papers belonging to or on the files of said office, authenticated by the seal and certified by the Commissioner thereof, or by such officer as may, for the time being, be acting as or for such Commissioner, shall be evidence equally with the originals thereof. Act July 26, 1892, c. 256, § 3, 27 Stat. 272. Certified copies of records, etc., and fees therefor. Sec. 4. That the Commissioner of Indian Affairs shall have the custody of said seal, and shall furnish certified copies of any such records, books, maps, or papers belonging to or on the files of said office, to any person applying therefor who shall comply with the requirements of said office, upon the payment by such parties at the rate of ten cents per hundred words, and one dollar for copies of maps or plats, and the additional sum of twenty-five cents for the Commissioner's certificate of verification, with the seal of said office; and one of the employés of said office shall be designated by the Commissioner as the receiving clerk, who shall give bond in the sum of one thousand dollars, and the amounts so received shall, under the direction of the Commissioner, be paid into the Treasury of the United States; but fees shall not be demanded for such au- thenticated copies as may be required by the officers of any branch of the Government or by any Indian who shall satisfy the Commis- 264 ( Tit. 11—DEPARTMENT OF THE INTERIOR—Ch. 4. (Secs. 463–466 sioner by satisfactory legal evidence that he or she is not able, by reason of poverty, to pay such fees, nor for such unverified copies as the Commissioner in his discretion may deem proper to furnish. Act July 26, 1892, § 4, c. 256, 27 Stat. 272. The deed records legalized by this act begin in 1825. These deeds show the transfer of lands granted to individual Indians under the several treaties since 1817 whenever a restriction was made that the lands should not be sold without the consent of the President; also the transfer of those lands allotted to individual Indians, the patent for which contained a similar restrictive clause upon the sale of the land. The other records referred to are those of the current correspondence of the office, of treaties before ratification, of contracts made with spe- cial attorneys (Rev. St. 88 2103-2106), and of similar papers. Some of these records run back to 1800, and a few even prior to that date, when the office was under the War Department, but it was not until the year 1824 that a regular record of all the correspondence of the office was inaugurated and kept up. Sec. 464. Accounts for claims and disbursements. All accounts and vouchers for claims and disbursements con- nected with Indian affairs shall be transmitted to the Commissioner for administrative examination, and by him passed to the proper accounting officer of the Department of the Treasury for settlement. Act July 9, 1832, c. 174, § 3, 4 Stat. 564. General provisions relating to the administrative examination of ac- counts and their transmission to the accounting officers of the Treas- ury are contained in Act July 31, 1894, c. 174, § 12, ante, under Rev. St. $ 277. Provisions requiring an abstract of all bids or proposals for supplies or services embraced in any contract in connection with the Indian service to be attached to the contract when filed in the Treasury De- partment are contained in Act Aug. 15, 1876, c. 289, $ 3, post, under Rev. St. 8 469. Sec. 465. Regulations relating to Indian affairs. The President may prescribe such regulations as he may think fit for carrying into effect the various provisions of any act relating to Indian affairs, and for the settlement of the accounts of Indian af- fairs. Act June 30, 1834, c. 162, 8 17, 4 Stat. 738. Sec. 466. Presentation and payment of claims for Indian depredations. The Secretary of the Interior shall prepare and cause to be pub- lished such regulations as he may deem proper, prescribing the manner of presenting claims arising under laws or treaty stipulations, for compensation for depredations committed by the Indians, and the degree and character of the evidence necessary to support such claims; he shall carefully investigate all such claims as may be pre- sented, subject to the regulations prepared by him; and no pay- Secs. 466-469) 265 Tit. 11—DEPARTMENT OF THE INTERIOR—Ch. 4. ment on account of any such claims shall be made without a specific appropriation therefor by Congress. Act May 29, 1872, c. 233, 87, 17 Stat. 190. The investigation and examination of Indian depredation claims, under acts previously in force, ceased on the taking effect of Act March 3. 1891, c. 538, conferring on the Court of Claims jurisdiction of such claims, by section 13 of that act, post, under Title XIII, "The Judiciary," c. 20. Sec. 467. Sale of arms, etc., to Indians, prohibited. The Secretary of the Interior shall adopt such rules as may be necessary to prohibit the sale of arms or ammunition within any district or country occupied by uncivilized or hostile Indians, and shall enforce the same. Act Feb. 14, 1873, c. 138, § 1, 17 Stat. 457. Sec. 468. Commissioner to report annually to Congress. The Commissioner of Indian Affairs shall annually report, sepa- rately, to Congress, a tabular statement showing distinctly the sepa- rate objects of expenditure under his supervision, and how much disbursed for each object, describing the articles and the quantity of each, and giving the name of each person to whom any part was paid, and how much was paid to him, and for what objects, so far as they relate to the disbursement of the funds appropriated for the incidental, contingent, or miscellaneous expenses of the Indian serv- ice, during the fiscal year next preceding each report. Act March 2, 1867, c. 173, § 3, 14 Stat. 515. In the annual report of the Commissioner a statement of all bids and proposals for services, supplies, etc., for the Indian service, and of awards of contracts therefor, is required by Act Aug. 15, 1876, c. 289, § 3, set forth post, following Rev. St. $ 469. Further provisions relating to matters to be embodied in the report of the Commissioner are contained in Rev. St. § 469, and the statutes collected and referred to under that section. Provisions relating to the application of appropriations in the distribu- tion of supplies to the Indians, and prohibiting any expenditure or the incurring of any liability beyond the amount of money appro- priated, are contained in Act March 3, 1875, c. 132, § 6, post, following Rev. St. $ 3678; but the use of a general appropriation when the spe- cific appropriation is insufficient is authorized by Act June 7, 1897, c. 3, § 11, also set forth post, following Rev. St. $ 3678. Provisions applicable to all the Departments relating to the time of making annual reports, and the time of furnishing copies thereof to the printer, are contained in Rev. St. S$ 195, 196. Sec. 469. Reports of Indian supplies. The Commissioner of Indian Affairs shall embody in his annual report the reports of all agents or commissioners issuing food, cloth- 266 Tit. 11—DEPARTMENT OF THE INTERIOR—Ch. 4. (Sec. 469 ing, or supplies of any kind to Indians, stating the number of In- dians present and actually receiving the same. Act Feb. 14, 1873, c. 138, § 7, 17 Stat. 463. Further provisions relating to matters to be embodied in the report of the Commissioner are set forth below. ACT AUG. 15, 1876, c. 289, § 3. Statement of bids or proposals for services, supplies, etc. That in all lettings of contracts in connection with the Indian serv- ice, the proposals or bids received shall be filed and preserved; and in the annual report of the Commissioner of Indian Affairs, there shall be embodied a detailed and tabular statement of all bids and proposals received for any services, supplies, or annuity-goods for the Indian service, together with a detailed statement of all awards of contracts made for any such services, supplies, and annuity-goods for which said bids or proposals were received; and an abstract of all bids or pro- posals received for the supplies or services embraced in any contract shall be attached to, and filed with, the said contract when the same is filed in the office of the Second Comptroller of the Treasury. Act Aug. 15, 1876, c. 289, § 3, 19 Stat. 199. This section is part of the Indian appropriation act for the fiscal year ending June 30, 1877, cited above. ACT MARCH 8, 1892, c. 12. Report of employés of Indian Bureau. * That hereafter the Commissioner of Indian Affairs shall include in his annual report to Congress the names of all em- ployees under the supervision and direction of the Indian Bureau, under what law said employees are appointed, the amount of com- pensation paid to each, and the services rendered by them. Act March 8, 1892, c. 12, 27 Stat. 5. Act July 13, 1892, c. 164, 9, 27 Stat. 145. Act March 3, 1893, c. 209, § 9, 27 Stat. 640. Act Aug. 15, 1894, c. 290, § 9, 28 Stat. 313. Act March 2, 1895, c. 188, $ 8, 28 Stat. 908. Act June 10, 1896, c. 398, § 7, 29 Stat. 349. This is a proviso of the deficiency appropriation act of March 8, 1892, first cited above. The Indian Department appropriation act of the same year, also cited above, contained a similar provision, in section 9 there- of, that the Commissioner should report annually to Congress "the number of employés in his office here in Washington, when employed, in what capacity employed, male or female, full name, amount of com- pensation paid, and out of what fund paid, and under what law em- ployed.” This was repeated in the subsequent similar appropriation acts to 1896, cited above; the acts of 1894, 1895, and 1896 describing the employés to be reported as "employés in the Indian Bureau at Wash- ington.” ACT JULY 13, 1892, c. 164, 8 9 Report of employés at schools. That the Commissioner of Indian Affairs shall report annually to Congress, specifically showing the number of employees at each agency, industrial and boarding school, which are supported whole or in part out of the appropriations in this Act, giving name, when employed, in what capacity employed, male or female, whether Secs. 469-470) Tit. 11– DEPARTMENT OF THE INTERIOR—Ch.5. 267 white or Indian, amount of compensation paid, and out of what item or fund of the appropriation paid, and whether, in the opinion of such Commissioner, any of such employees are unnecessary. Act July 13, 1892, c. 164, § 9, 27 Stat. 145. Act March 3, 1893, c. 209, $ 9, 27 Stat. 640. Act Aug. 15, 1894, c. 290, $ 9, 28 Stat. 313. Act March 2, 1895, c. 188, § 8, 28 Stat. 908. Act June 10, 1896, c. 398, § 7, 29 Stat. 349. Act June 7, 1897, c. 3, § 8, 30 Stat. 92. Act July 1, 1898, c. 545, $ 8, 30 Stat. 596. Act March 31, 1899, c. 324, $ 7, 30 Stat. 947. Act May 31, 1900, c. 598, § 6, 31 Stat. 247. Act March 3, 1901, c. 832, § 8, 31 Stat. 1085. This provision, originally enacted as part of section 9 of the Indian Department appropriation act of 1892, first cited above, is repeated an- nually in the subsequent similar appropriation acts, as cited above. The requirement to report "annually" indicates a permanent provision; but the report is to be of schools supported out of the appropriations "in this act,” thereby indicating a provision for the year appropriated for only. The act of 1892 required a report of employés in schools "supported in whole out of the appropriations in this act." The act of 1893 omit- ted the words "in whole.” The act of 1894 and all the subsequent acts read as above set forth. The requirement at the end of the section, as above set forth, that the report shall show "whether, in the opinion of such Commissioner, any of such employés are unnecessary," was not contained in the sec- tion as enacted in 1892 or in any subsequent act until 1897. It first appears in the act of 1897, and is repeated in each subsequent act. Further provisions annexed to this in the earlier acts cited above, re- quiring a report of the employés in the Indian Bureau at Washington, are referred to in the note under the earlier provision to the same effect of Act March 8, 1892, c. 12, set forth above. CHAPTER FIVE. The Commissioner of Pensions. Sec. Sec. 470. Commissioner of Pensions. Act Jan. 19, 1877, c. 27, 8 1. 471. Duties of the Commissioner. Report of additions and reductions 472. Deputy Commissioner. on pension rolls. Act Aug. 5, 1882, c. 389, § 1. Act April 4, 1890, c. 63. Duties of the Deputy Commissioners. Report of pensioners and of payments 473. Person to sign bounty-land war- for pensions on account of each rants. war. 474. Investigation of attempts at fraud. Sec. 470. Commissioner of Pensions. There shall be in the Department of the Interior a Commissioner of Pensions, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to receive a salary of four thousand dollars a year. Act March 2, 1833, c. 54, § 1, 4 Stat. 619, 622. Act March 3, 1835, c. 46, $S 1, 2, 3, 4 Stat. 779. Act March 3, 1837, c. 43, 5 Stat. 187. Act March 4, 1840, c. 4, 88 1, 2, 3, 5 Stat. 369. Act March 4, 1840, 268 Tit. 11-DEPARTMENT OF THE INTERIOR—Ch. 5. (Secs. 470-472 c. 4, § 4, 5 Stat. 370. Act Jan. 20, 1843, c. 4, 5 Stat. 597. Act Jan. 14, 1846, c. 4, § 1, 9 Stat. 3. Act Jan. 19, 1849, c. 20, § 1, 9 Stat. 341. Act March 3, 1873, c. 226, § 3, 17 Stat. 508. Subsequent appropriations provide an increased salary for the Com- missioner. The amount appropriated by Act March 3, 1901, c. 830, $ 4, 31 Stat. 997, is $5,000. Sec. 471. Duties of the Commissioner. The Commissioner of Pensions shall perform, under the direction of the Secretary of the Interior, such duties in the execution of the various pension and bounty-land laws as may be prescribed by the President. Act March 2, 1833, c. 54, § 1, 4 Stat. 619, 622. Act March 3, 1835, c. 46, § 2, 4 Stat. 779. Act March 3, 1837, c. 43, § 2, 5 Stat. 187. Act March 4, 1840, C. 4, 2, 5 Stat. 369. Act March 4, 1840, c. 4, § 4, 5 Stat. 370. Act Jan. 20, 1843, c. 4, § 2, 5 Stat. 597. Sec. 472. Deputy Commissioner. There shall be in the Department of the Interior a Deputy Com- inissioner of Pensions, who shall be appointed by the President, by and with the advice and consent of the Senate, who shall be charged with such duties in the Pension Bureau as may be prescribed by the Secretary of the Interior, or may be required by law, and in case of death, resignation, absence, or sickness of the Commissioner, his duties shall devolve upon the Deputy Commissioner, until a successor is appointed or such absence or sickness ceases. The Deputy Commissioner shall be entitled to receive an annual salary of twenty-five hundred dollars. Act March 3, 1873, c. 234, $ 29, 17 Stat. 575. The legislative, executive, and judicial appropriation act of March 3, 1881, c. 130, 21 Stat. 408, provided salaries for a "First Deputy Commissioner" and a "Deputy Commissioner.” The similar act of the next following year contained appropriations for a "First Deputy Com- missioner" and a "Second Deputy Commissioner," followed by a pro- viso as to their duties, which is set forth below. Appropriations for both officers are continued annually in the subsequent appropriation acts. ACT AUG. 5, 1882, c. 389, $ 1. Duties of the Deputy Commissioners. Pension Office. * That the duties of first and second deputy commissioners shall be such as are now fixed by law for the deputy commissioner of pensions; and in case of death, resignation, ab- sence, or sickness of the Commissioner his duties shall devolve upon the first deputy commissioner until his successor is appointed, or such absence or sickness ceases, and in case of the like absence of the Commissioner and first deputy commissioner, the second deputy commissioner shall act as Commissioner in like manner. Act Aug. 5, 1882, c. 389, § 1, 22 Stat. 248. * * Secs. 473-474) Tit. 11-DEPARTMENT OF THE INTERIOR-Ch. 5. 269 Sec. 473. Person to sign bounty-land warrants. The Commissioner of Pensions is authorized, with the approval of the Secretary of the Interior, to appoint a person to sign the name of the Commissioner to certificates or warrants for bounty- lands; and certificates or warrants so signed shall be as valid as if signed by the Commissioner. Act Feb. 20, 1856, c. 1, 11 Stat. 1. Sec. 474. Investigation of attempts at fraud. The Commissioner of Pensions is authorized to detail, from time to time, any of the clerks in his Office to investigate any suspected attempts to defraud the United States, in or affecting the admin- istration of any law relative to pensions, and to aid in prosecuting any person implicated, with such additional compensation as is cus- tomary in cases of special service. Any person so detailed shall have the power to administer oaths in the course of any such inves- tigation. Act March 3, 1873, c. 234, § 30, 17 Stat. 575. A similar provision is contained in Rev. St. $ 4744. That section is amended, principally by adding further provisions as to the powers of the person detailed to investigate suspected frauds to administer oaths and take affidavits and depositions, etc., by Act July 25, 1882, c. 349, but no reference to this section is made in said amendatory act. See note under Rev. St. § 4744. Subsequent provisions relating to the compensation authorized are set forth under Rev. St. $ 4744. ACT JAN. 19, 1877, c. 27, 8 1. Report of additions and reductions on pension rolls. * * In the annual report of Commissioner of Pensions; and hereafter he shall report the total annual amount paid for addi- tions also reductions on the annual pension rolls: Act Jan. 19, 1877, c. 27, § 1, 19 Stat. 223. * ACT APRIL 4, 1890, c. 63. Report of pensioners and of payments for pensions on account of each war. * That hereafter the Commissioner of Pensions shall, so far as may be practicable, in his annual reports state the amount paid for pensions during the fiscal year for which the report is made, in such manner as will indicate, separately, the number of pension- ers and the aggregate payments for pensions on account of each of the wars for which pensions have been authorized, and on account of military and naval services since the close of the late war. Act April 4, 1890, c. 63, § 1, 26 Stat. 40. 270 Tit. 11-DEPARTMENT OF THE INTERIOR—Ch. 6. (Secs. 475-476 CHAPTER SIX, The Patent-Office. and Sec. Sec. 475. Establishment of the Patent- 1. Classification of patents and pub- Office. lications. 476. Officers and employés. 2. Additional officers and employés 477. Salaries. for revision of classification. 478. Seal. 487. Patent-agents may be refused rec- 479. Bonds of Commissioner and chief ognition. clerk. 488. Printing of papers filed. 480. Restrictions upon officers and em- 489. Printing copies of claims, laws, ployés. decisions, etc. 481. Duties of Commissioner. 490. Printing specifications and draw- Act July 11, 1890, c. 667, $ 1. ings. Duties of Assistant Commissioner. Act March 3, 1875, c. 130, § 12. 482. Duties of examiners-in-chief. Copies of specifications and drawings 483. Establishment of regulations. for Departments. 484. Arrangement and exhibition of 491. Additional specifications models, etc. drawings. 485. Disposals of models on rejected 492. Lithographing and engraving. applications. 493. Price of copies of specifications 486. Library. and drawings. Act July 11, 1890, c. 667, 8 1. 494. Annual report of the Commission- Exchange of Official Gazette for oth- er. er publications for library. 495. Custody of collections of explor- Act June 10, 1898, c. 423. ing expeditions. 496. Disbursements for Patent-Office. Sec. 475. Establishment of the Patent-Office. There shall be in the Department of the Interior an office known as the Patent-Office, where all records, books, models, drawings, specifications, and other papers and things pertaining to patents shall be safely kept and preserved. Act July 8, 1870, c. 230, § 1, 17 Stat. 198. Sec. 476. Officers and employés. There shall be in the Patent-Office a Commissioner of Patents, one Assistant Commissioner, and three examiners-in-chief, who shall be appointed by the President, by and with the advice and consent of the Senate. All other officers, clerks, and employés au- thorized by law for the Office shall be appointed by the Secretary of the Interior, upon the nomination of the Commissioner of Pat- ents. Act July 8, 1870, c. 230, $ 2, 16 Stat. 198. Additional officers and employés for the purpose of revision of the classi- fication of patents and publications in the Patent-Office, are authorized by Act June 10, 1898, c. 423, & 2, post, under Rev. St. § 486. Provisions applicable to all the Departments, relating to the employ Secs. 477–481) Tit. 11–DEPARTMENT OF THE INTERIOR-Ch. 6. 271 ment of clerks and others, are contained in Rev. St. 8 169, and Act Aug. 5, 1882, c. 389, 84, under that section. lars a year. Sec. 477. Salaries. The salaries of the officers mentioned in the preceding section shall be as follows: The Commissioner of Patents, four thousand five hundred dol- The Assistant Commissioner of Patents, three thousand dollars a year. Three examiners-in-chief, three thousand dollars a year each. Act July 8, 1870, c. 230, $ 4, 16 Stat. 199. Subsequent appropriations provide an increased salary for the Com- missioner. The amount appropriated by Act March 3, 1901, c. 830, § 1, 31 Stat. 998, is $5,000. Sec. 478. Seal. The seal heretofore provided for the Patent-Office shall be the seal of the Office, with which letters-patent and papers issued from the Office shall be authenticated. Act July 8, 1870, c. 230, $ 12, 16 Stat. 200. Sec. 479. Bonds of Commissioner and chief clerk. The Commissioner of Patents and the chief clerk, before entering upon their duties, shall severally give bond, with sureties, to the Treasurer of the United States, the former in the sum of ten thou- sand dollars, and the latter in the sum of five thousand dollars, conditioned for the faithful discharge of their respective duties, and that they shall render to the proper officers of the Treasury a true account of all money received by virtue of their offices. Act July 8, 1870, c. 230, $ 6, 16 Stat. 199. Sec. 480. Restrictions upon officers and employés. All officers and employés of the Patent-Office shall be incapable, during the period for which they hold their appointments, to ac- quire or take, directly or indirectly, except by inheritance or bequest, any right or interest in any patent issued by the Office. Act July 8, 1870, c. 230, $ 16, 16 Stat. 200. Sec. 481. Duties of Commissioner. The Commissioner of Patents, under the direction of the Secre- tary of the Interior, shall superintend or perform all duties respect- 272 Tit. 11—Ch. 6. (Secs. 481-484 -DEPARTMENT OF THE INTERIOR—— ing the granting and issuing of patents directed by law; and he shall have charge of all books, records, papers, models, machines, and other things belonging to the Patent-Office. Act July 8, 1870, c. 230, § 7, 16 Stat. 199. ACT JULY 11, 1890, c. 667, 8 1. Duties of Assistant Commissioner. United States Patent Office: * * Assistant Commissioner, who shall perform such duties pertaining to the office of Commis- sioner as may be assigned to him by the Commissioner, three thou- sand dollars; Act July 11, 1890, c. 667, § 1, 26 Stat. 259. Act March 3, 1891, c. 541, § 1, 26 Stat. 939. Act July 16, 1892, c. 196, § 1, 27 Stat. 214. Act March 3, 1893, c. 211, § 1, 27 Stat. 705. Act July 31, 1894, c. 174, 81, 28 Stat. 195. Act March 2, 1895, c. 177, 81, 28 Stat. 797. Act May 28, 1896, c. 252, § 1, 29 Stat. 169. Act Feb. 19, 1897, c. 265, § 1, 29 Stat. 569. Act March 15, 1898, c. 68, § 1, 30 Stat. 307. Act Feb. 24, 1899, c. 187, § 1, 30 Stat. 879. Act April 17, 1900, c. 192, § 1, 31 Stat. 123. Act March 3, 1901, c. 830, § 1, 31 Stat. 998. This provision of the legislative, executive, and judicial appropriation act of 1890 is repeated annually in the subsequent appropriation acts cited above. Sec. 482. Duties of examiners-in-chief. The examiners-in-chief shall be persons of competent legal knowl- edge and scientific ability, whose duty it shall be, on the written petition of the appellant, to revise and determine upon the validity of the adverse decisions of examiners upon applications for patents, and for re-issues of patents, and in interference cases; and, when required by the Commissioner, they shall hear and report upon claims for extensions, and perform such other like duties as he may assign them. Act July 8, 1870, c. 230, $ 10, 16 Stat. 199. Extensions of patents granted prior to March 2, 1861, were provided for by Rev. St. $8 4924-4928. Sec. 483. Establishment of regulations. The Commissioner of Patents, subject to the approval the Secretary of the Interior, may from time to time establish regula- tions, not inconsistent with law, for the conduct of proceedings in the Patent-Office. Act July 8, 1870, c. 230, $ 19, 16 Stat. 200. Sec. 484. Arrangement and exhibition of models, etc. The Commissioner of Patents shall cause to be classified and arranged in suitable cases, in the rooms and galleries provided for that purpose, the models, specimens of composition, fabrics, man- Secs. 485-486) Tit. 11-DEPARTMENT OF THE INTERIOR—Ch. 6. 273 ufactures, works of art, and designs, which have been or shall be deposited in the Patent-Office; and the rooms and galleries shall be kept open during suitable hours for public inspection. Act July 8, 1870, c. 230, § 13, 6 Stat. 200. Sec. 485. Disposals of models on rejected applications. The Commissioner of Patents may restore to the respective ap- plicants such of the models belonging to rejected applications as he shall not think necessary to be preserved, or he may sell or oth- erwise dispose of them after the application has been finally re- jected for one year, paying the proceeds into the Treasury, as other patent-moneys are directed to be paid. Act July 8, 1870, c. 230, $ 14, 16 Stat. 200. Sec. 486. Library. There shall be purchased for the use of the Patent-Office a li- brary of such scientific works and periodicals, both foreign and American, as may aid the officers in the discharge of their duties, not exceeding the amount annually appropriated for that purpose. Act July 8, 1870, c. 230, § 15, 16 Stat. 200. ACT JULY 11, 1890, c. 667, § 1. Exchange of Official Gazette for other publications for library. United States Patent Office: * * That hereafter the Official Gazette may be exchanged for publications of a scientific or useful character published in this or any foreign country adapted to the needs and uses of the scientific library of the Patent Office. Act July 11, 1890, c. 667, § 1, 26 Stat. 259. Provisions for the printing and distribution of the Official Gazette of the Patent-Office are contained in Act Jan. 12, 1895, c. 23, $ 73, post, under Title XLV, "Public Printing, Advertisements, and Public Docu- ments.” * ACT JUNE 10, 1898, c. 423. An Act for Revising and Perfecting the Classification of Letters Patent and Printed Publications in the Patent Office. (30 Stat. 440.) Classification of patents and publications. Be it enacted, &c., That for the purpose of determining with more readiness and accuracy the novelty of inventions for which appli- cations for letters patent are or may be filed in the United States Patent Office, and to prevent the issuance of letters patent of the United States for inventions which are not new, the Commissioner of Patents is hereby authorized and directed to revise and perfect the classification, by subjects-matter, of all letters patent and print- ed publications in the United States Patent Office which constitute LAWS '01-18 274 Tit. 11–DEPARTMENT OF THE INTERIOR—Ch. 6. (Secs. 486–489 the field of search in the examination as to the novelty of inven- tion for which applications for patents are or may be filed. Act June 10, 1898, c. 423, § 1, 30 Stat. 440. Additional officers and employés for revision of classification. Sec. 2. That for the purpose of enabling the Commissioner of Patents to carry out the provisions of this Act the Secretary of the Interior is hereby authorized to appoint from time to time, in the manner already provided for by law, such additional number of principal examiners, assistant examiners, first-class clerks, copyists, laborers, assistant messengers, and messenger boys as he may deem necessary: Provided, however, That the whole number of additional employees shall not exceed three principal examiners, two first as- sistant examiners, two second assistant examiners, six third assist- ant examiners, five fourth assistant examiners, four first-class clerks, four copyists, six laborers, six assistant messengers, and six messen- ger boys; that the annual expenses for this additional force shall not exceed the sum of sixty-two thousand eight hundred and eighty dollars. . Act June 10, 1898, c. 423, § 2, 30 Stat. 440. Sec. 487. Patent-agents may be refused recognition. For gross misconduct the Commissioner of Patents may refuse to recognize any person as a patent-agent, either generally or in any particular case; but the reasons for such refusal shall be duly recorded, and be subject to the approval of the Secretary of the Interior Act July 8, 1870, c. 230, $ 17, 16 Stat. 200. Sec. 488. Printing of papers filed. The Commissioner of Patents may require all papers filed in the Patent-Office, if not correctly, legibly, and clearly written, to be print- ed at the cost of the party filing them. Act July 8, 1870, c. 230, $ 18, 16 Stat. 200. Sec. 489. Printing copies of claims, laws, decisions, etc. The Commissioner of Patents may print, or cause to be printed, copies of the claims of current issues, and copies of such laws, de- cisions, regulations, and circulars as may be necessary for the in- formation of the public. Act July 8, 1870, c. 230, $ 20, 16 Stat. 200. Provisions for continuing the printing of patents issued, copies of specifications and drawings of each patent, pamphlet copies of the rules of practice, the patent laws, etc., are contained in Act Jan. 12, 1895, c. 23, $ 73, post, under Title XLV, "Public Printing, Advertisements, and Public Documents." Secs. 490-492) Tit. 11—DEPARTMENT OF THE INTERIOR—Ch. 6. 275 Sec. 490. Printing specifications and drawings. The Commissioner of Patents is authorized to have printed, from time to time, for gratuitous distribution, not to exceed one hun- dred and fifty copies of the complete specifications and drawings of each patent hereafter issued, together with suitable indexes, one copy to be placed for free public inspection in each capitol of every State and Territory, one for the like purpose in the clerk's office of the district court of each judicial district of the United States, except when such offices are located in State or territorial capitols, and one in the Library of Congress, which copies shall be certified under the hand of the Commissioner and seal of the Patent-Office, and shall not be taken from the depositories for any other purpose than to be used as evidence. Res. Jan. 11, 1871, No. 5, 16 Stat. 590. See note under Rev. St. $ 489. ACT MARCH 3, 1875, c. 130, $ 12. Copies of specifications and drawings for Departments. That it shall be the duty of the Commissioner of Patents to fur- nish free of cost, one copy of the bound volumes of specifications and drawings of patents published by the Patent Office, to each of the Executive Departments of Government, upon the request of the head thereof. Act March 3, 1875, c. 130, $ 12, 18 Stat. 402. See note under Rev. St. 8 491. Sec. 491. Additional specifications and drawings. The Commissioner of Patents is authorized to have printed such additional numbers of copies of specifications and drawings, certi- fied as provided in the preceding section, at a price not to exceed the contract price for such drawings, for sale, as may be warranted by the actual demand for the same; and he is also authorized to furnish a complete set of such specifications and drawings to any public library which will pay for binding the same into volumes to correspond with those in the Patent-Office, and for the transporta- tion of the same, and which shall also provide for proper custody for the same, with convenient access for the public thereto, under such regulations as the Commissioner shall deem reasonable. Res. Jan. 11, 1871, No. 5, 16 Stat. 590. Further provisions for the printing and distribution of the specifications and drawings of patents are contained in Act Jan. 12, 1895, c. 23, $ 73, post, under Title XLV, "Public Printing, Advertisements, and Public Documents.” Sec. 492. Lithographing and engraving. The lithographing and engraving required by the two preced- ing sections shall be awarded to the lowest and best bidders for the 276 Tit. 11-DEPARTMENT OF THE INTERIOR—Ch. 6. (Secs. 492–4.94 interests of the Government, due regard being paid to the execution of the work, after due advertising by the Congressional Printer under the direction of the Joint Committee on Printing; but the Joint Committee on Printing may empower the Congressional Print- er to make immediate contracts for engraving, whenever, in their opinion, the exigencies of the public service will not justify waiting for advertisement and award; or if, in the judgment of the Joint Committee on Printing, the work can be performed under the di- rection of the Commissioner of Patents more advantageously than in the manner above prescribed, it shall be so done, under such lim- itations and conditions as the Joint Committee on Printing may from time to time prescribe. Res. Jan. 11, 1871, No. 5, 16 Stat. 590. Act March 24, 1871, c. 5, $ 1, 17 Stat. 2. Subsequent provisions for the printing for the Patent-Office making use of lithography or photo-lithography, to be contracted for and performed under the direction of the Commissioner of Patents, which may be re- garded as superseding to some extent the provisions of this section, are contained in Act Jan. 12, 1895, c. 23, $ 73, post, under Title XLV, "Pub- lic Printing, Advertisements, and Public Documents.” In that act and other subsequent statutes, the Congressional Printer is designated the Public Printer. Sec. 493. [As amended 1896.] Price of copies of specifications and drawings. The price to be paid for uncertified printed copies of specifications and drawings of patents shall be determined by the Commissioner of Patents: Provided, That the maximum cost of a copy shall be ten cents. Act March 24, 1871, c. 5, § 2, 17 Stat. 3. Act May 19, 1896, c. 204, 29 Stat. 124. The amendment of this section by Act May 19, 1896, c. 204, cited above, consists in the insertion of the proviso fixing the maximum cost of a copy at ten cents, instead of the words at the end of the section as originally enacted, "within the limits of ten cents as the minimum and fifty cents as the maximum price.” Sec. 494. Annual report of the Commissioner. The Commissioner of Patents shall lay before Congress, in the month of January, annually, a report, giving a detailed statement of all moneys received for patents, for copies of records or drawings, or from any other source whatever; a detailed statement of all ex- penditures for contingent and miscellaneous expenses; a list of all patents which were granted during the preceding year, designating under proper heads the subjects of such patents; an alphabetical list of all the patentees, with their places of residence; a list of all patents which have been extended during the year; and such other information of the condition of the Patent-Office as may be useful to Congress or the public. Act July 8, 1870, c. 230, $ 9, 16 Stat. 199. Provisions applicable to all the Departments, relating to the time of Secs. 494-511) Tit. 11-DEPARTMENT OF THE INTERIOR— -Ch.7. 277 making annual reports, and the time of furnishing copies thereof to the printer, are contained in Rev. St. $$ 195, 196. Provisions for the printing and distribution of the report of the Com- missioner are contained in Act Jan. 12, 1895, c. 23, $ 73, post, under Title XLV, "Public Printing, Advertisements, and Public Documents.” Sec. 495. Custody of collections of Exploring Expeditions. The collections of the Exploring Expedition, now in the Patent- Office, shall be under the care and management of the Commis- sioner of Patents. Act Aug. 4, 1854, c. 242, § 8, 10 Stat. 572. Sec. 496. Disbursements for Patent-Office. All disbursements for the Patent-Office shall be made by the dis- bursing clerk of the Interior Department. Act July 8, 1870, c. 230, $ 69, 16 Stat. 209. CHAPTER SEVEN. The Superintendent of Public Documents. Secs. 497-511. [Superseded.] Secs. 497-511. [Superseded. Act Jan. 12, 1895, C. 23.] This chapter charged the Secretary of the Interior with the distribu- tion of public documents, under various provisions therefor in $8 497- 506, 509; it provided for the appointment of a Superintendent of Public Documents and prescribed his duties, subject to the general direction of the Secretary, in $$ 507, 508; and it provided for the compilation by such Superintendent of the Biennial Register, afterwards designated the Offi- cial Register, its preparation and contents, and its distribution, in $$ 508, 510, 511. It is entirely superseded by the different provisions, relating to the same subjects, of Act Jan. 12, 1895, c. 23, post, under Title XLV, "Pub- lic Printing, Advertisements, and Public Documents,” which authorizes the Public Printer to appoint a Superintendent of Documents, aid pre- scribes his duties, and, on such appointment, abolishes the office of Su- perintendent of Documents in the Department of the Interior, and also, by $ 64, expressly repeals all laws providing for the delivery to the De- partment of the Interior of public documents for distribution, other than such as are for the use of that Department; and further, by $ 73, provides for the preparation and contents of the Official Register, to be edited, in- dexed, and published by the chief clerk of the Interior Department, and for its printing and distribution. 278 Tit. 11-DEPARTMENT OF THE INTERIOR—Ch. 8. (Secs. 512-515 CHAPTER EIGHT. The Returns Office. Sec. 512. Returns Office. 513. Clerk to file returns. Sec. 514. Indexes. 515. Copies of returns, Sec. 512. Returns Office. The Secretary of the Interior shall from time to time provide a proper apartment, to be called the Returns Office, in which he shall cause to be filed the returns of contracts made by the Secretary of War, the Secretary of the Navy, and the Secretary of the Interior, and shall appoint a clerk of the first class to attend to the same. Act June 2, 1862, c. 93, § 4, 2 Stat. 412. Provisions for the making of returns of contracts referred to in this section are contained in Rev. St. $$ 3744-3747. Sec. 513. Clerk to file returns. The clerk of the Returns Office shall file all returns made to the Office, so that the same may be of easy access, keeping all returns made by the same officer in the same place, and numbering them in the order in which they are made. Act June 2, 1862, c. 93, $ 4, 12 Stat. 412. Sec. 514. Indexes. The clerk of the Returns Office shall provide and keep an index- book, with the names of the contracting parties, and the number of each contract opposite to the names; and shall submit the index- book and returns to any person desiring to inspect it. Act June 2, 1862, c. 93, § 4, 12 Stat. 412. Sec. 515. Copies of returns. The clerk of the Returns Office shall furnish copies of such re- turns to any person paying therefor at the rate of five cents for every one hundred words, to which copies certificates shall be ap- pended in every case by the clerk making the same, attesting their correctness, and that each copy so certified is a full and complete copy of the return. Act June 2, 1862, c. 93, § 4, 12 Stat. 412. Secs. 516-518) Tit. 11–DEPARTMENT OF THE INTERIOR-Ch. 9. 279 CHAPTER NINE. The Office of Education. Sec. Sec. 516. Office of Education. Act May 28, 1896, c. 252, $ 1. 517. Commissioner of Education. Bulletin of information on educa- 518. Duties of Commissioner. tional topics. 519. Rooms for Office of Education. a Sec. 516. Office of Education, There shall be in the Department of the Interior a Bureau called the Office of Education, the purpose and duties of which shall be to collect statistics and facts showing the condition and progress of education in the several States and Territories, and to diffuse such information respecting the organization and management of schools and school-systems, and methods of teaching, as shall aid the people of the United States in the establishment and maintenance of effi- cient school-systems, and otherwise promote the cause of education throughout the country. Act March 2, 1867, c. 158, § 1, 14 Stat. 434. Act July 20, 1868, c. 176, § 1, 15 Stat. 92, 106. Sec. 517. Commissioner of Education. The management of the Office of Education shall, subject to the direction of the Secretary of the Interior, be intrusted to a Commis- sioner of Education, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of three thousand dollars a year. Act March 2, 1867, c. 158, § 2, 14 Stat. 434. Act July 20, 1868, c. 176, § 1, 15 Stat. 92, 106. Subsequent appropriations provide an increased salary for the Com- missioner. The amount appropriated by Act March 3, 1901, c. 830, $ 1, 31 Stat. 999, is $3,500. Sec. 518. Duties of Commissioner. The Commissioner of Education shall present annually to Con- gress a report embodying the results of his investigations and labors, together with a statement of such facts and recommendations as will, in his judgment, subserve the purpose for which the office is established. Act March 2, 1867, c. 158, § 3, 14 Stat. 434. Provisions for the printing and distribution of the report of the Com- missioner are contained in Act Jan. 12, 1895, c. 23, $ 73, post, under Title XLV, "Public Printing, Advertisements, and Public Documents.” 280 (Sec. 519 Tit. 11-DEPARTMENT OF THE INTERIOR- Ch. 9A. Sec. 519. Rooms for Office of Education. The Chief of Engineers shall furnish proper offices for the use of the Office of Education. Act March 2, 1867, c. 158, $ 4, 14 Stat. 434. Act March 2, 1867, c. 167, § 2, 14 Stat. 466. ACT MAY 28, 1896, c. 252, $ 1. Bulletin of information on educational topics. The Commissioner of Education is hereby authorized to prepare and publish a bulletin of the Bureau of Education as to the con- dition of higher education, technical and industrial education, facts as to compulsory attendance in the schools, and such other educa- tional topics in the several States of the Union and in foreign coun- tries as may be deemed of value to the educational interests of the States, and there shall be printed one edition of not exceeding twelve thousand five hundred copies of each issue of said bulletin for dis- tribution by the Bureau of Education, the expense of printing and binding such bulletin to be charged to the allotment for printing and binding for the Department of the Interior. Act May 28, 1896, c. 212, $ 1, 29 Stat. 171. [CHAPTER NINE A.] [The Office of the Commissioner of Railroads.] Act June 19, 1878, c. 316. 1. Repeal. 2. Auditor of Railroad Accounts. 3. Duties of Auditor. 4. Reports by railroad companies, and inspection of their books and records. 5. Failure of railroad company to make report or to submit books and records to inspection. 6. Application of act to successors of railroad companies. 7. Time of taking effect of act. Act March 3, 1881, c. 130, $ 1. Designation of office as Commission- er of Railroads. Act March 3, 1901, c. 830, 8 1. Termination of office. ACT JUNE 19, 1878, c. 316. An Act to Create an Auditor of Railroad Accounts and for Other Purposes. (20 Stat. 169.) Repeal. Be it enacted, &c., That section twenty of the act entitled “An act to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the gov- ernment the use of the same for postal, military and other pur- poses," approved July first anno Domini eighteen hundred and six- ty-two, and the act entitled "An act relative to filing reports of rail- Tit. 11-DEPARTMENT OF THE INTERIOR- Ch. 9A. 281 road companies” approved June twenty-fifth, anno Domini eighteen hundred and sixty-eight, be, and the same are hereby, repealed. Act June 19, 1878, c. 316, § 1, 20 Stat. 169. The provisions of Act July 1, 1862, c. 120, § 20, 12 Stat. 498, and Act June 25, 1868, c. 77, 15 Stat. 79, referred to and repealed in this sec- tion, relate to certain reports required from railroad companies, and were not incorporated into the Revised Statutes. Auditor of Railroad Accounts. Sec. 2. That the office of Auditor of Railroad Accounts is here- by established as a bureau of the Interior Department. The said Auditor shall be appointed by the President of the United States, by and with the advice and consent of the Senate. The annual sal- ary of the said Auditor shall be, and is hereby, fixed at the sum of five thousand dollars. To assist the said Auditor to perform the duties of said office, the Secretary of the Interior shall appoint one bookkeeper at an annual salary of two thousand four hundred dol- lars, one assistant bookkeeper at an annual salary of two thousand dollars, one clerk at an annual salary of one thousand four hundred dollars, and one copyist at an annual salary of nine hundred dollars. Actual and necessary traveling and other expenses incurred in visit- ing the offices of the railroad companies hereinafter described, and for which vouchers shall be rendered, are hereby allowed, not to exceed the sum of two thousand dollars per annum; and and it is here- by specially provided that each of said railroad companies shall fur- nish transportation over its own road, without expense to the United States, for the said Auditor or any person acting under his direc- tion. Incidental expenses for books, stationery and other material necessary for the use of said bureau are hereby allowed not to exceed the sum of seven hundred dollars per annum. [Part of sec- tion omitted makes appropriation for the fiscal year only.] Act June 19, 1878, c. 316, § 2, 20 Stat. 169. The designation of the office of Auditor of Railroad Accounts is changed to Commissioner of Railroads by a provision of Act March 3, 1881, c. 130, § 1, set forth below. The termination of the office, and the transfer of its duties to the Sec- retary of the Interior, on June 30, 1902, are contemplated by a proviso in the legislative, executive, and judicial appropriation act of March 3, 1901, c. 830, set forth below. Duties of Auditor. Sec. 3. That the duties of the said Auditor under and subject to the direction of the Secretary of the Interior shall be, to prescribe a system of reports to be rendered to him by the railroad compa- nies whose roads are in whole or in part west, north, or south of the Missouri River, and to which the United States have granted any loan of credit or subsidy in bonds or lands; to examine the books and accounts of each of said railroad companies once in each fiscal year, and at such other times as may be deemed by him necessary to determine the correctness of any report received from them; to assist the government directors of any of said railroad companies in all matters which come under their cognizance whenever they may officially request such assistance; to see that the laws relating to said companies are enforced; to furnish such information to the 282 Tit. 11-DEPARTMENT OF THE INTERIOR-Ch. 9A. several departments of the government in regard to tariffs for freight and passengers and in regard to the accounts of said railroad com- panies as may be by them required, or, in the absence of any request therefor, as he may deem expedient for the interest of the govern- ment; and to make an annual report to the Secretary of the In- terior, on the first day of November, on the condition of each of said railroad companies, their roads, accounts, and affairs, for the fiscal year ending June thirtieth immediately preceding. Act June 19, 1878, c. 316, § 3, 20 Stat. 170. Reports by railroad companies, and inspection of their books and records. Sec. 4. That each and every railroad company aforesaid which has received from the United States any bonds of the said United States, issued by way of loan to aid in constructing or furnishing its road, or which has received from the United States any lands granted to it for a similar purpose, shall make to the said Auditor any and all such reports as he may require from time to time and shall sub- mit its books and records to the inspection of said Auditor or any person acting in his place and stead, at any time that the said Au- ditor may request, in the office where said books and records are usually kept; and the said Auditor, or his authorized representative, shall make such transcripts from the said books and records as he may desire. Act June 19, 1878, c. 316, § 4, 20 Stat. 170. Failure of railroad company to make report or to submit books and records to inspuction. Sec. 5. That if any railroad company aforesaid shall neglect or refuse to make such reports as may be called for, or refuse to sub- mit its books and records to inspection, as provided in section four of this act, such neglect or refusal shall operate as a forfeiture, in each case of such neglect or refusal, of a sum not less than one thou- sand nor more than five thousand dollars, to be recovered by the Attorney-General of the United States in the name and for the use and benefit of the United States; and it shall be the duty of the Secretary of the Interior, in all such cases of neglect or refusal as aforesaid, to inform the Attorney-General of the facts, to the end that such forfeiture or forfeitures may be judicially enforced. Act June 19, 1878, c. 316, 8 5, 20 Stat. 170. Application of act to successors of railroad companies. Sec. 6. This act shall apply to any and all persons or corporations into whose hands either of said railroads may lawfully come, as well as to the original companies. Act June 19, 1878, c. 316, $ 6, 20 Stat. 170. Time of taking effect of act. Sec. 7. This act shall take effect on and after the first day of July, anno Domini eighteen hundred and seventy-eight. Act June 19, 1878, c. 316, § 7, 20 Stat. 171. Tit. 11-DEPARTMENT OF THE INTERIOR-Ch. 9A. 283 ACT MARCH 3, 1881, c. 130, § 1. Designation of office as Commissioner of Railroads. Office of Auditor of Railroad Accounts.—For Auditor, who shall hereafter be styled Commissioner of Railroads, * * Act March 3, 1881, c. 130, § 1, 21 Stat. 409. This provision of the legislative, executive, and judicial appropriation act of 1881, cited above, appropriates for the compensation of the com- missioner. ACT MARCH 3, 1901, c. 830, 8 1. Termination of office. That the office of Commissioner of Railroads is hereby continued until the thirtieth day of June, nineteen hundred and two, when the same shall terminate, and the duties of the Commissioner shall be transferred to the Secretary of the Interior, together with the records and files of the office. Act March 3, 1901, c. 830, § 1, 31 Stat. 1000. This proviso in the legislative, executive, and judicial appropriation act of 1901, cited above, supersedes a proviso in the similar appropria- tion act of the year next preceding, that the office should terminate on June 30, 1901; Act April 17, 1900, c. 192, § 1, 31 Stat. 125. TITLE XII. THE DEPARTMENT OF AGRICULTURE. Chap Sec. Page [A. The Department and the Secretary of Agriculture] 520 284 [B. The Weather Bureau]... 295 [C. The Bureau of Animal Industry]. 299 This title, as enacted in the Revised Statutes, was not divided into chapters, and contained only ten sections. Subsequent provisions relating to the department, especially those establishing or affecting separate bureaus therein, are numerous and important. For convenience the sec- tions of the Revised Statutes, with subsequent provisions relating to the department, its officers, clerks, employés, etc., generally, are placed in chapter A; and provisions applicable only to particular bureaus are grouped in the subsequent chapters under the titles of the Bureaus. [CHAPTER A.] [The Department and the Secretary of Agriculture.] Sec. Sec. 520. Establishment of the Department Act June 16, 1880, c. 235, § 1. of Agriculture. Entomological investigations. 521. [Superseded.] Act May 25, 1900, c. 553, § 1. Act Feb. 9, 1889, c. 122. Preservation, etc., of game birds and 1. Executive Department under Sec- other wild birds. retary of Agriculture. 527. Purchase and distribution of 2. Assistant Secretary of Agricul- seeds, plants, etc. ture. Act June 16, 1880, c. 252. 3. Salaries. Allotment of seeds, etc., to members 4. Laws applicable to Department of Congress for distribution. continued in force. 528. Annual and special reports of Act July 14, 1890, c. 707. [Secretary]. Secretary of Agriculture to perform 529. Annual report of expenditures. duties of former Commissioner of Act March 3, 1885, c. 338, § 2. Agriculture. Additional compensation to officers or 522. Clerks and employés. employés, and detailed statement of 323. Officers and employés. expenditures. 524. Bonds. Act July 5, 1892, c. 147. Act Aug. 8, 1894, c. 238, 8 1. Monthly crop report. Seal. Act Aug. 8, 1894, c. 238. 525. Custody of property, records, etc. Farmers' bulletins; allotment to 526. Duties [of Secretary]. members of Congress for distribu- tion. Sec. 520. Establishment of the Department of Agriculture. There shall be at the seat of Government a Department of Agri- (284) Sec. 521) 285 Tit. 12-DEPARTMENT OF AGRICULTURE—Ch. A. culture, the general design and duties of which shall be to acquire and to diffuse among the people of the United States useful in- formation on subjects connected with agriculture, in the most gen- eral and comprehensive sense of that word, and to procure, propa- gate, and distribute among the people new and valuable seeds and plants. Act May 15, 1862, c. 72, 8 2, 12 Stat. 387. Sec. 521. [Superseded. Act Feb. 9, 1889, c. 122.] This section provided that the Department should be under the charge of a Commissioner of Agriculture. It is superseded by the provisions for the appointment of a Secretary of Agriculture and an Assistant Sec- retary, in Act Feb. 9, 1899, c. 122, set forth below. ACT FEB. 9, 1889, c. 122. An Act to Enlarge the Powers and Duties of the Department of Agriculture and to Create an Executive Department to be Known as the Department of Agriculture. (25 Stat. 659.) Executive Department under Secretary of Agriculture. Be it enacted, &c., That the Department of Agriculture, shall be , an Executive Department, under the supervision and control of a Secretary of Agriculture, who shall be appointed by the President, by and with the advice and consent of the Senate; and section one hundred and fifty-eight of the Revised Statutes is hereby amended to include such Department, and the provisions of title four of the Revised Statutes, including all amendments thereto, are hereby made applicable to said Department. . Act Feb. 9, 1889, c. 122, § 1, 25 Stat. 659. Rev. St. $ 158, amended by this section, defines the Executive De- partments, to which Title IV, relating to all the Executive Departments, shall apply. Assistant Secretary of Agriculture. Sec. 2. That there shall be in said Department an Assistant Sec- retary of Agriculture, to be appointed by the President, by and with the advice and consent of the Senate, who shall perform such duties as may be required by law or prescribed by the Secretary. Act Feb. 9, 1889, c. 122, & 2, 25 Stat. 659. Provisions applicable to all the Departments, that, in case of the death, resignation, absence, or sickness of the head of the Department, the duties of the office may be performed, temporarily, by the assistant, are contained in Rev. St. $ 177. Salaries. Sec. 3. That the Secretary of Agriculture shall receive the same salary as is paid to the Secretary of each of the Executive Depart- ments, and the salary of the Assistant Secretary of Agriculture shall be the same as that now paid to the First Assistant Secretary of the Department of the Interior. Act Feb. 9, 1889, c. 122, § 3, 25 Stat. 659. The salary of each head of a Department is $8,000 a year, under Rev. St. $ 160, and Act Jan. 20, 1874, c. 11, ante, under Rev. St. § 35. The amount appropriated for compensation of the First Assistant Sec- 286 Tit. 12-DEPARTMENT OF AGRICULTURE—Ch. A. (Secs. 521-522 retary of the Interior, for the year in which this act was passed, by Act July 11, 1888, c. 615, § 1, 25 Stat. 284, was $4,500; and that sum is appropriated for compensation of the Assistant Secretary of Agricul- ture by the next appropriation act, Act March 2, 1889, c. 373, § 1, 25 Stat. 835, and by the subsequent similar acts, annually. Laws applicable to Department continued in force. Sec. 4. That all laws and parts of laws relating to the Department of Agriculture now in existence, as far as the same are applicable and not in conflict with this act, and only so far, are continued in full force and effect. Act Feb. 9, 1889, c. 122, § 4, 25 Stat. 659. Provisions of the Revised Statutes, and of subsequent acts relating to the Department, which may be continued in force by section 4 of this act, are set forth below. ACT JULY 14, 1890, c. 707. Secretary of Agriculture to perform duties of former Commissioner of Agriculture. The authority granted to the Commissioner of Agriculture by the act of May twenty-nine, eighteen hundred and eighty-four, estab- lishing the Bureau of Animal Industry, and by the provisions of the appropriation act for the Agricultural Department, approved July eighteenth, eighteen hundred and eighty-eight, relating to said Bu- reani , is hereby vested in the Secretary of Agriculture; and the said Secretary is hereby authorized and directed to perform all the duties named in said acts and all other acts of Congress in force on Feb- ruary eighth, eighteen hundred and eighty-nine, to be performed by the Commissioner of Agriculture. Act July 14, 1890, c. 707, 26 Stat. 288. Sections 1-3, 11, Act May 29, 1884, establishing the Bureau of Animal Industry, referred to in this provision, are set forth under chapter 0 of this Title; sections 4-9, relating to the exportation and transportation of live stock to foreign countries and between different States, etc., and to the suppression of diseases of live stock, are set forth under Title LVI A, "Regulation of Interstate and Foreign Commerce," c. 3. The authority granted by the agricultural appropriation act of 1888, Act July 18, 1888, c. 677, 25 Stat. 333, referred to in this provision, is limited to the use of the sum therein appropriated. It is substantially repeated, but amplified, though not made permanent, by subsequent ap- propriation acts. The provisions of the act of July 18, 1888, are as follows: “Salaries and expenses Bureau of Animal Industry: For carrying out the provisions of the act of May twenty-ninth, eighteen hundred and eighty-four, establishing the Bureau of Animal Industry, five hundred thousand dollars; and the Commissioner of Agriculture is hereby au- thorized to use any part of this sum he may deem necessary or expedient, and in such manner as he may think best, to prevent the spread of pleuro-pneumonia, and for this purpose to employ as many persons as he may decm necessary, and to expend any part of this sum in the pur- chase and destruction of diseased or exposed animals and the quarantine of the same whenever in his judgment it is essential to prevent the spread of pleuro-pneumonia from one State into another." Sec. 522. Clerks and employés. There shall be in the Department of Agriculture: Sec. 522) 287 Tit. 12-DEPARTMENT OF AGRICULTURE—Ch. A. One chief clerk, at a salary of two thousand dollars a year. One chemist, at 'a salary of two thousand dollars a year. One assistant chemist, at a salary of one thousand six hundred dol- lars a year. One entoinologist, at a salary of two thousand dollars a year. One microscopist, at a salary of one thousand eight hundred dol- lars a year. One botanist, at a salary of one thousand eight hundred dollars a year. One statistician, at a salary of two thousand dollars a year. One superintendent of experimental gardens and grounds, at a salary of two thousand dollars a year. One assistant superintendent of experimental gardens and grounds, at a salary of one thousand two hundred dollars a year. One disbursing clerk, at a salary of one thousand eight hundred dollars a year. One superintendent of the seed-room, at a salary of one thousand eight hundred dollars a year. One assistant superintendent of the seed-room, at a salary of one thousand two hundred dollars a year. One librarian, at a salary of one thousand eight hundred dollars a year. One engineer, at a salary of one thousand four hundred dollars a a year. One superintendent of the folding-room, at a salary of one thou- sand two hundred dollars a year. Two attendants in the museum, at a salary of one thousand dol- lars a year each. One carpenter, at a salary of nine hundred and sixty dollars a year. Act May 15, 1862, c. 72, § 4, 12 Stat. 388. Act March 3, 1873, c. 226, 17 Stat. 506. Act June 20, 1874, c. 328, 18 Stat. 107. This section enumerates the subordinate officers, clerks, and employés in the Department at the time of the enactment of the Revised Statutes, as authorized by the then existing statutes, cited above. The employ- ment of such other persons "as Congress may from time to time pro- vide," was also authorized by Rev. St. § 523. The officers, clerks, and others actually appointed or employed, and their respective salaries and other compensation, depend on the specific provisions made in the annual appropriation acts, each providing for the fiscal year next following; the employment or payment of others in the executive departments being for- bidden by Act Aug. 5, 1882, c. 389, § 4, ante, under Rev. St. $ 169, which may be regarded as applicable to this Department since it became an executive department by Act Feb. 9, 1889, c. 122, ante, under Rev. St. $ 521. Subsequent appropriation acts provide for officers, clerks, and em- ployés, and for salaries different from those fixed by the above section, increasing with the extension of the scope of the functions of the De- partment. The appropriations for the year ending June 30, 1902, are contained in the agricultural appropriation act of March 2, 1901, c. 805, 31 Stat. 922. Provisions applicable to all the Departments, relating to the employ- ment of clerks and others, are contained in Rev. St. $ 169, and Aug. 5, 1882, c. 389, 8 4, under that section. Provisions applicable to all the Departments, relating to the duties of chief clerks and disbursing clerks, are contained in Rev. St. 88 173, 174, 176, and the statutes collected under those sections. Separate bureaus have been established in the Department: the Bureau 288 Tit. 12-DEPARTMENT OF AGRICULTURE—Ch. A. (Secs. 523-524 of Animal Industry, by Act May 29, 1884, c. 60, 23 Stat. 31; the Weather Bureau, on the transfer of the weather service from the War Depart- ment, by Act Oct. 1, 1890, c. 1266, 26 Stat. 653; and several other bu- reaus are provided for, for the first time, by the agricultural appropria- tion act of March 2, 1901, c. 805, 31 Stat. 922, the provisions of which may be regarded as effecting a permanent organization of such bureaus. Special provisions relating to the Weather Bureau and the Bureau of Animal Industry, or the officers, clerks, and employés therein, are set forth in the subsequent chapters of this title. Sec. 523. Officers and employés. The Commissioner of Agriculture shall appoint a chief clerk, with a salary of two thousand dollars a year, who in all cases dur- ing the necessary absence of the Commissioner, or when the office of Commissioner shall become vacant, shall perform the duties of Commissioner, and he shall appoint such other employés as Con- gress may from time to time provide, with salaries corresponding to the salaries of similar officers in other Departments of the Gov- ernment; and he shall, as Congress may from time to time provide, employ other persons, for such time as their services may be need- ed, including chemists, botanists, entomologists, and other persons skilled in the natural sciences pertaining to agriculture. Act May 15, 1862, c. 72, § 4, 12 Stat. 388. The provision of this section that, in case of absence or vacancy in office of the Commissioner, the chief clerk shall perform the duties of the office, is superseded by the change of the Department into an execu- tive department, under a Secretary of Agriculture, with an Assistant Secretary, by Act Feb. 9, 1889, c. 122, ante, under Rev. St. § 521, and the provisions, applicable to all the Departments, that, in case of the death, resignation, absence, or sickness of the head of the Department, the duties of the office may be performed, temporarily, by the assistant, contained in Rev. St. $ 177. See note under Rev. St. $ 522, as to employment in the Department of persons specifically provided for by Congress, and the provisions there- for. Sec. 524. Bonds. The Commissioner, and the chief clerk, before entering upon their duties, shall severally give bonds to the Treasurer of the United States, the former in the sum of ten thousand dollars, and the latter in the sum of five thousand dollars, conditioned to render a true and faithful account to the Treasurer quarter-yearly of all moneys which shall be by them received by virtue of their office, with sure- ties to be approved by the Solicitor of the Treasury. Such bonds shall be filed in the office of the First Comptroller of the Treasury, to be by him put in suit upon any breach of the conditions thereof. Act May 15, 1862, c. 72, § 4, 12 Stat. 388. The requirement of a bond may be regarded as superseded, at least as to the Commissioner, by the change of the Department into an executive department, under a Secretary of Agriculture, with an Assistant Secre- tary, by Act Feb. 9, 1889, c. 122, ante, under Rev. St. $ 521. The designation of First Comptroller of the Treasury is changed to Secs. 524-526) Tit. 12-DEPARTMENT OF AGRICULTURE—Ch. A. 289 Comptroller of the Treasury by Act July 31, 1894, c. 174, § 4, ante, under Rev. St. 268. ACT AUG. 8, 1894, c. 238, $ 1. Seal. The Secretary of Agriculture is hereby authorized and directed to procure a proper seal, with such suitable inscriptions and devices as he may approve, to be known as the official seal of the Depart- ment of Agriculture, and to be kept and used to verify official doc- uments, under such rules and regulations as he may prescribe. Act Aug. 8, 1894, c. 238, § 1, 28 Stat. 272. Sec. 525. Custody of property, records, etc. The Commissioner of Agriculture shall have charge, in the build- ing and premises appropriated to the Department, of the library, furniture, fixtures, records, and other property appertaining to it, or hereafter acquired for use in its business. Act May 15, 1862, c. 72, § 3, 12 Stat. 387. Res. Dec. 15, 1868, 15 Stat. 343. The designation of the Commissioner is changed to Secretary of Agri- culture, by Act Feb. 9, 1889, c. 122, ante, under Rev. St. $ 521. Sec. 526. Duties [of Secretary]. The Commissioner of Agriculture shall procure and preserve all information concerning agriculture which he can obtain by means of books and correspondence, and by practical and scientific exper- iments, accurate records of which experiments shall be kept in his Office, by the collection of statistics, and by any other appropriate means within his power; he shall collect new and valuable seeds and plants; shall test, by cultivation, the value of such of them as may require such tests; shall propagate such as may be worthy of propagation; and shall distribute them among agriculturists. Act May 15, 1862, c. 72, 83, 12 Stat. 387. See note under Rev. St. § 525, as to change of designation of Com- missioner to Secretary of Agriculture. Subsequent provisions relating to the duties of the Secretary are set forth below, and under the subsequent chapters of this title. The Secretary of Agriculture is to determine and certify to the Secre- tary of the Treasury what are recognized breeds and pure bred animals, under the provisions of the free list of the Tariff of 1897 that any animal imported specially for breeding purposes shall be admitted free of duty; Act July 24, 1897, c. 11, § 2, par. 473, post, under Title XXXIII, “Duties upon Imports.” ACT JUNE 16, 1880, c. 235, $ 1. Entomological investigations. For the completion of the work of the United States Entomologi- cal Commission under the Department of the Interior in the spe- cial investigation of the Rocky Mountain locust or grasshopper and LAWS '01--19 290 Tit. 12—DEPARTMENT OF AGRICULTURE—Ch. A. (Secs. 526-527 the cotton-worm: Provided, That after the close of the next fiscal year all work of the character herein provided for shall be exclusively under the control of the Agricultural Department. * Act June 16, 1880, c. 235, § 1, 21 Stat. 276. This proviso in the sundry civil appropriation act of 1880, cited above, transferred the work described from the Department of the Interior to the Department of Agriculture. ACT MAY 25, 1900, c. 553, § 1. Preservation, etc., of game birds and other wild birds. That the duties and powers of the Department of Agriculture are hereby enlarged so as to include the preservation, distribution, in- troduction, and restoration of game birds and other wild birds. The Secretary of Agriculture is hereby authorized to adopt such meas- ures as may be necessary to carry out the purposes of this Act and to purchase such game birds and other wild birds as may be re- quired therefor, subject, however, to the laws of the various States and Territories. The object and purpose of this Act is to aid in the restoration of such birds in those parts of the United States adapted thereto where the same have become scarce or extinct, and also to regulate the introduction of American or foreign birds or animals in localities where they have not heretofore existed. The Secretary of Agriculture shall from time to time collect and publish useful information as to the propagation, uses, and pres- ervation of such birds. And the Secretary of Agriculture shall make and publish all need- ful rules and regulations for carrying out the purposes of this Act, and shall expend for said purposes such sums as Congress may ap- propriate therefor. Act May 25, 1900, c. 553, § 1, 31 Stat. 187. The other sections of this act, relating to the importation of foreign wild animals or birds, and to the transportation between different States, etc., of animals or birds the importation of which is prohibited, or the dead bodies of wild animals or birds killed in violation of the laws of a State, etc., are set forth under Title LVI A, "Regulation of Interstate and Foreign Commerce,” c. 2. Sec. 527. [As amended 1896.] Purchase and distribution of seeds, plants, etc. That purchase and distribution of vegetable, field, and flower seeds, plants, shrubs, vines, bulbs and cuttings shall be of the freshest and best obtainable varieties and adapted to general cultivation. Act June 25, 1864, c. 147, § 1, 13 Stat. 145, 155. Act March 2, 1865, c. 73, § 1, 13 Stat. 445, 455. Act July 23, 1866, c. 208, § 1, 14 Stat. 191, 201. Act March 2, 1867, c. 166, § 1, 14 Stat. 440, 452. Act April 25, 1896, c. 140, 81, 29 Stat. 106. This section, as enacted in the Revised Statutes, was as follows: “The purchase and distribution of seeds by the Department of Agricul- ture shall be confined to such seeds as are rare and uncommon to the country, or such as can be made more profitable by frequent changes from one part of our own country to another; and the purchase or propa- gation and distribution of trees, plants, shrubs, vines, and cuttings, shall be confined to such as are adapted to general cultivation and to pro- Sec. 527) 291 Tit. 12-DEPARTMENT OF AGRICULTURE-Ch. A. mote the general interests of horticulture and agriculture throughout the United States." It is amended by Act April 25, 1896, c. 140, § 1, cited above, to read as set forth here. ACT JUNE 16, 1880, c. 252. Allotment of seeds, etc., to members of Congress for distribution. * * An equal proportion of two-thirds of all seeds, bulbs, trees, shrubs, vines, cuttings, and plants shall, upon their request, after due notification by the Secretary of Agriculture that the allotment to their respective districts is ready for distribution, be supplied to Senators, Representatives, and Delegates in Congress for distribu- tion among their constituents, or mailed by the Department upon the receipt of their addressed franks; and the person receiving such seeds shall be requested to inform the Department of the results of the experiments therewith: Provided, That all seeds, bulbs, plants, and cuttings herein allotted to Senators, Representatives, and Del- egates in Congress for distribution remaining uncalled for on the first of April shall be distributed by the Secretary of Agriculture, giving preference to those persons whose names and addresses have been furnished by Senators and Representatives in Congress, and who have not before, during the same season, been supplied by the Department: And provided also, That the Secretary shall report, as provided in this Act, the place, quantity, and price of seeds pur- chased, and the date of purchase; but nothing in this paragraph shall be construed to prevent the Secretary of Agriculture from sending seeds to those who apply for the same. And the amount herein appropriated shall not be diverted or used for any other pur- pose but for the purchase, propagation, and distribution of valuable seeds, bulbs, trees, shrubs, vines, cuttings, and plants: Provided, however, That upon each envelope or wrapper containing pack- ages of seeds the contents thereof shall be plainly indicated, and the Secretary shall not distribute to any Senator, Representative, or Delegate seeds entirely unfit for the climate and locality he repre- sents, but shall distribute the same so that each member may have seeds of equal value, as near as may be, and the best adapted to the locality he represents: Provided also, That the seeds allotted to Senators and Representatives for distribution in the districts em- braced within the twenty-fifth and thirty-fourth parallels of latitude shall be ready for delivery not later than the tenth day of January. Act June 16, 1880, c. 252, 21 Stat. 294. Act March 3, 1881, c. 129, 21 Stat. 382. Act May 19, 1882, c. 171, 22 Stat. 90. Act Jan. 20, 1883, c. 36, 22 Stat. 410. Act June 5, 1884, c. 71, 23 Stat. 38. Act March 3, 1885, c. 338, 23 Stat. 355. Act June 30, 1886, c. 575, 24 Stat. 102. Act March 3, 1887, c. 351, 24 Stat. 498. Act July 18, 1888, c. 677, 25 Stat. 332. Act March 2, 1889, c. 373, 25 Stat. 838. Act July 14, 1890, c. 707, 26 Stat. 286. Act March 3, 1891, c. 544, 26 Stat. 1048. Act July 5, 1892, c. 147, 27 Stat. 78. Act March 3, 1893, c. 214, 27 Stat. 739. Act Aug. 8, 1894, c. 238, 28 Stat. 269. Act March 2, 1895, c. 169, 28 Stat. 733. Act April 25, 1896, c. 140, 29 Stat. 106. Act April 23, 1897, c. 1, 30 Stat. 8. Act March 22, 1898, c. 85, 30 Stat. 337. Act March 1, 1899, c. 325, 30 Stat. 955. Act May 25, 1900, c. 555, 31 Stat. 201. Act March 3, 1901, c. 805, 31 Stat. 937. This provision, originally enacted in the agricultural appropriation act 292 Tit. 12– DEPARTMENT OF AGRICULTURE- Ch. A. (Secs. 527–528 of 1880, cited above, is repeated, with some alterations and additions, in the similar appropriation act of each year. In the form above set forth, it is re-enacted, without substantial change, in several of the acts last cited above. It may be questionable whether it is to be considered per- manent, or limited in application to the appropriation for the particular year. The provisions of the successive acts have varied in details from year to year. The act of 1880 provided for the distribution of three-fourths of the seeds, etc., to be purchased; the act of 1881, one-half; subsequent acts, two-thirds. The language of the first clause of the provision in the act of 1880 included "seeds, plants, and cuttings"; subsequent acts add "bulbs, trees, shrubs, vines.". The words, "after due notification by the Secretary of Agriculture that the allotment to their respective dis- tricts is ready for distribution,” were added by the act of 1894, and are repeated in the subsequent acts. The act of 1880 provided for distribu- tion by members of Congress "among their agricultural constituents”; subsequent acts omit the word "agricultural.” The earlier acts, as an alternative to the provision for supplying seeds, etc., to members of Cou- gress for distribution, contain the words, "or shall, by their direction, be sent to their constituents"; later acts omit this provision, but in the more recent acts it is restored in various forms, finally in the words, “or mailed by the Department upon the receipt of their addressed franks," as set forth here. The first proviso was added by the act of 1881, but related to seeds, etc., "remaining uncalled for at the end of the fiscal year”; in later acts the date is changed to "first of May,” and finally to "first of April”; and the clause at the end of the proviso, re- lating to preference in the distribution, was inserted first in the act of 1894, and is repeated in the acts subsequent thereto. The third proviso was added by the act of 1898, and is repeated in the acts subsequent thereto. A proviso relating to the same subject as the last proviso set forth here, but more general in terms, was inserted in the act of 1882, and repeated in acts subsequent thereto until 1899, but is omitted in the acts of 1899 and subsequent years. The last proviso set forth here was added in the act of 1894, and is repeated in the acts subsequent thereto. Other minor variations in the language of the provision have occurred from time to time. Provisions for distribution by members of Congress, as seeds are dis- tributed, of farmers' bulletins, prepared and published by the Depart- ment, were annexed to this provision in the acts of 1894 and 1895, cited above, but in subsequent acts are repeated under independent headings, omitting the reference to distribution of seeds, and with additional pro- visions of a permanent nature, all which are set forth below, under Rev. St. § 529. Provisions for transmission of seeds, etc., distributed by members of Congress, through the mails, free of charge, are contained in Act March 3, 1875, C. 128, § 7, post, following Rev. St. $ 3913. Sec. 528. Annual and special reports of [Secretary]. The Commissioner of Agriculture shall annually make a general report in writing of his acts to the President and to Congress, in which he may recommend the publication of papers forming parts of or accompanying his report, which shall also contain an account of all moneys received and expended by him. He shall also make special reports on particular subjects whenever required to do so by the President or either House of Congress, or when he shall think the subject in his charge requires it. Act May 15, 1862, c. 72, § 3, 12 Stat. 387. See note under Rev. St. § 525, as to change of designation of Commis- sioner to Secretary of Agriculture. A report of the persons employed, the expenditures, and the means Secs. 528-529) Tit. 12– DEPARTMENT OF AGRICULTURE—Ch. A. 293 adopted and carried into effect, for the suppression of contagious, infec- tious, or communicable diseases among domestic animals, under Act May 29, 1884, c. 60, is required by section 11 of that act, post, under chapter C of this Title. Provisions for the printing and distribution of the reports of the Secre. tary of Agriculture and of the Weather Bureau and the Bureau of Animal Industry are contained in Act Jan. 12, 1895, c. 23, $ 73, post, un- der Title XLV, "Public Printing, Advertisements, and Public Docu- ments.” Special provisions for the printing and distribution of the report on field operations of the Division of Soils, of the Department of Agricul- ture, are contained in Res. Feb. 23, 1901, No. 8, post, under Title XLV, “Public Printing, Advertisements, and Public Documents." Sec. 529. Annual report of expenditures. The Commissioner of Agriculture shall, on or before the fifteenth day of December in each year, make a report in detail to Congress of all moneys expended by him or under his direction. Act March 2, 1867, c. 166, § 1, 14 Stat. 440, 445. See note under Rev. St. § 525, as to change of designation of the Commissioner to Secretary of Agriculture. Provisions applicable to all the Departments, relating to the time of making annual reports, and the time of furnishing copies thereof to the printer, are contained in Rev. St. $$ 195, 196. General provisions for the submission by the heads of Departments to Congress of estimates of expenditures and appropriations are contained in Rev. St. 88 3660-3665, 3669, and the statutes collected under those sections. The Secretary is to direct and superintend the expenditure of all money appropriated to the Department, and render accounts thereof, by Rev. St. 8 3677. Rev. St. $ 3709, which requires advertisements for proposals for sup- plies, etc., in any of the Departments, is not to apply in the Depart- ment of Agriculture when the amount involved does not exceed $50, by a provision of Act March 1, 1899, c. 325, post, following Rev. St. $ 3709. ACT MARCH 3, 1885, c. 338, 8 2. Additional compensation to officers or employés, and detailed state- ment of expenditures. That no part of the money herein or hereafter appropriated for the Department of Agriculture shall be paid to any person, as ad- ditional salary or compensation, receiving at the same time other compensation as an officer or employee of the Government; and in addition to the proper vouchers and accounts for the sums appro- priated for the said Department to be furnished to the accounting officers of the Treasury, the Commissioner of Agriculture shall, at the commencement of each regular session, present to Congress a detailed statement of the expenditure of all appropriations for said Department for the last preceding fiscal year. Act March 3, 1885, c. 338, § 2, 23 Stat. 356. This section is part of the agricultural appropriation act of 1885, cited above. The vouchers and accounts referred to, to be furnished to the ac- counting officers of the Treasury, are required by Act June 16, 1880, c. 252, § 2, ante, under Rev. St. $ 277, which directs the Commissioner of 294 (Sec. 529 Tit. 12-DEPARTMENT OF AGRICULTURE—Ch. A. Agriculture to account and report to such officers of the Treasury in the same manner as the heads of the executive departments. And the re- quirements relating to those departments are made applicable to the Department of Agriculture by the act making it an executive depart- ment, under a Secretary of Agriculture, Act Feb. 9, 1889, c. 122, ante, under Rev. St. § 521. Provisions applicable to all the departments, forbidding additional com- pensation to clerks, are contained in Rev. St. 8 170. ACT JULY 5, 1892, c. 147. Monthly crop report. * * That the monthly crop report issued on the tenth day of each month shall embrace a statement of the condition of the crops, by States, in the United States, with such explanations, comparisons, and information as may be useful for illustrating the above matter, and that it shall be submitted to, and officially approved by, the Sec- retary of Agriculture before being issued or published: Act July 5, 1892, c. 147, 27 Stat. 76. Act March 3, 1893, c. 214, 27 Stat. 734. Act Aug. 8, 1894, c. 238, 28 Stat. 266. Act March 2, 1895, c. 169, 28 Stat. 729. Act April 25, 1896, c. 140, 29 Stat. 101. Act April 23, 1897, c. 1, 30 Stat. 4. Act March 22, 1898, c. 85, 30 Stat. 333. Act March 1, 1899, c. 325, 30 Stat. 950. Act May 25, 1900, c. 555, 3.1 Stat. 194. Act March 2, 1901, c. 805, 31 Stat. 934. This provision, originally enacted in the agricultural appropriation act of 1880, cited above, is repeated, with slight variations, in the similar appropriation act of each subsequent year. In the form above set forth, it is re-enacted, without substantial change, in several of the acts last cited above. It may be questionable whether it is to be considered per- manent, or limited in application to the appropriation for the particular year. ACT AUG. 8, 1894, c. 238. Farmers' bulletins; allotment to members of Congress for distribution. General expenses, Division of Publications: farmers' bulle- tins, which shall be adapted to the interest of the people of the different sections of the country, an equal proportion of four-fifths of which shall be delivered to or sent out under the addressed franks furnished by Senators, Representatives, and Delegates in Congress, as each Senator, Representative, or Delegate shall direct: Provided, That the Secretary of Agriculture shall notify Senators and Repre- sentatives of the title and character of each such bulletin, and also of any other publication of the Department of Agriculture not sent to the folding rooms of the Senate and House, with the total num- ber to which each Senator, Representative, and Delegate may be en, titled for distribution; and on the face of the envelope inclosing said bulletins shall be printed the title of each bulletin contained therein : Provided further, That all such bulletins included in the quotas of Senators, Representatives, or Delegates not called for on or before the thirtieth day of June in each fiscal year shall revert to the Secre- tary of Agriculture, and be available to him, either for miscellaneous distribution, or in making up Congressional quotas for the next fiscal year: Act Aug. 8, 1894, c. 238, 28 Stat. 270. Act March 2, 1895, c. 169, 28 Stat. 733. Act April 25, 1896, c. 140, 29 Stat. 104. Act April 23, 1897, * * Sec. 529) Tit. 12-DEPARTMENT OF AGRICULTURE-Ch. B. 295 c. 1, 30 Stat. 7. Act March 22, 1898, c. 85, 30 Stat. 336. Act March 1. 1899, c. 325, 30 Stat. 954. Act May 25, 1900, c. 555, 31 Stat. 200. Act March 2, 1901, c. 805, 31 Stat. 933. An appropriation for farmers' bulletins, with a provision of this nature, in the agricultural appropriation acts of 1894 and 1895, first cited above, annexed to the provision in those acts for distribution of seeds, ante, under Rev. St. 8 527, is repeated in the subsequent similar appropriation acts for each year, under independent headings, omitting the reference to distribution of seeds contained in the original enactment, increasing the allotment to members of Congress from two-thirds to four-fifths, and with additional provisions of a permanent nature. It is set forth above as contained in the act of 1901, last cited above. [CHAPTER B.] [The Weather Bureau.] Act Oct. 1, 1890, c. 1266. 1. Establishment of the Bureau. 2. [Relates to military duties of Chief Signal Officer.] 3. Duties of Chief of Bureau. 4. Employés. 5. Transfer of enlisted force of Sig- nal Corps to Department of Ag- riculture. 6-8. [Relate to organization of Signal Corps of Army.] 9. Appropriations for Bureau. 10. [Temporary.] Act April 23, 1897, c. 1. Leaves of absence. Act Aug. 8, 1894, c. 238. Counterfeit weather forecasts, warn- ings, etc. Weather signals on mail cars, etc. Act May 25, 1900, c. 555. Accumulation of old telegrams in Bureau, ACT OCT. 1, 1890, c. 1266. An Act to Increase the Efficiency and Reduce the Expenses of the Signal Corps of the Army, and to Transfer the Weather Service to the Department of Agriculture. (26 Stat. 653.) Establishment of the Bureau. Be it enacted, &c., That the civilian duties now performed by the Signal Corps of the Army shall hereafter devolve upon a bureau to be known as the Weather Bureau, which, on and after July first, eighteen hundred and ninety-one, shall be established in and attached to the Department of Agriculture, and the Signal Corps of the Army shall remain a part of the Military Establishment under the direction of the Secretary of War, and alí estimates for its support shall be included with other estimates for the support of the Military Estab- lishment. Act Oct. 1, 1890, c. 1266, § 1, 26 Stat. 653. Provisions relating to appropriations for the support of the Weather Bureau, and the making of estimates therefor, are contained in section 9 of this act, set forth below. Sec. 2. [Relates to military duties of Chief Signal Officer.] This section prescribes the military duties of the Chief Signal Officer It is set forth post, under Rev. St. $ 1195. 296 Tit. 12-DEPARTMENT OF AGRICULTURE-Ch. B. Duties of Chief of Bureau. Sec. 3. That the Chief of the Weather Bureau, under the direction of . the Secretary of Agriculture, on and after July first, eighteen hundred and ninety-one, shall have charge of the forecasting of weather, the issue of storm warnings, the display of weather and flood sig- nals for the benefit of agriculture, commerce, and navigation, the gauging and reporting of rivers, the maintenance and operation of sea-coast telegraph lines and the collection and transmission of ma- rine intelligence for the benefit of commerce and navigation, the reporting of temperature and rain-fall conditions for the cotton in- terests, the display of frost and cold-wave signals, the distribution of meteorological information in the interests of agriculture and com- merce, and the taking of such meteorological observations as may be necessary to establish and record the climatic conditions of the United States, or as are essential for the proper execution of the foregoing duties. Act Oct. 1, 1890, c. 1266, § 3, 26 Stat. 653. Annual appropriations for the Signal Service under the War Depart- ment contained provisos that "the work of no other department, bureau, or commission authorized by law shall be duplicated by this bureau"; Act Aug. 7, 1883, c. 433, 22 Stat. 318, Act July 7, 1884, c. 332, 23 Stat. 217, Act March 3, 1885, c. 360, 23 Stat. 505—which may be regarded as superseded by this section and section 2 of this act, under Rev. St. § 1195. * Employés. Sec. 4. That the Weather Bureau shall hereafter consist of one Chief of Weather Bureau and such civilian employees as Congress may annually provide for and as may be necessary to properly perform the duties devolving on said bureau by law, and the chief of said , bureau shall receive an annual compensation of four thousand five hundred dollars, and be appointed by the President, by and with the advice and consent of the Senate. * [Part of section omitted repealed. Res. July 8, 1898, No. 57.] Act Oct. 1, 1890, c. 1266, § 4, 26 Stat. 653. The portion of this section omitted here is a proviso "that the Chief Signal Officer may, in the discretion of the President, be detailed to take charge of said bureau, and in like manner other officers of the Army, not exceeding four, expert in the duties of the weather service, may be assigned to duty with the Weather Bureau, and while so serving shall receive the pay and allowances to which they are entitled by law.” But “the laws authorizing the detail and assignment of the offi- cers of the Army to duty in the Weather Bureau” are expressly repealed, by a proviso annexed to Res. July 8, 1898, No. 57, post, under Title XIV, "The Army,” c. 1, at end of that chapter. Subsequent appropriations provide an increased salary for the Chief of the Bureau. The amount appropriated for the fiscal year ending June 30, 1902, by Act March 2. 1901, c. 805, 31 Stat. 923. is $5,000. Provisions authorizing the Secretary to make changes or assignment to duty in the personnel or detailed force of the Bureau, for limiting or reducing expenses, were contained in the agricultural appropriation acts of March 2, 1891, c. 544, 26 Stat. 1051; July 5, 1892, c. 147, 27 Stat. 81; March 3, 1893, c. 214, 27 Stat. 742; Aug. 8, 1894, c. 238, 28 Stat. 273; March 2, 1895, c. 169, 28 Stat. 737. Provisions authorizing the Secretary to make promotions in the service, without prejudice to those transferred from the Signal Service of the War Department, were contained in the agricultural appropriation acts of Tit. 12-DEPARTMENT OF AGRICULTURE—Ch. B. 297 July 5, 1892, c. 147, 27 Stat. 82; March 3, 1893, c. 214, 27 Stat. 742; Aug. 8, 1894, c. 238, 28 Stat. 273. Transfer of enlisted force of Signal Corps to Department of Agri- culture. Sec. 5. That the enlisted force of the Signal Corps, excepting those hereinafter provided for, shall be honorably discharged from the Army on June thirtieth, eighteen hundred and ninety-one, and such por- tion of this entire force, including the civilian employees of the Sig- nal Service as may be necessary for the proper performance of the duties of the Weather Bureau shall, if they so elect, be transferred to the Department of Agriculture, and the compensation of the force so transferred shall continue as it shall be in the Signal Service on June thirtieth, eighteen hundred and ninety-one, until otherwise pro- vided by law: Provided, That skilled observers serving in the Sig- nal Service at said date shall be entitled to preference over other persons not in the Signal Service for appointment in the Weather Bureau to places for which they may be properly qualified until the expiration of the time for which they were last enlisted. Act Oct. 1, 1890, c. 1266, § 5, 26 Stat. 653. Secs. 6–8. [Relate to organization of Signal Corps of Army.] These sections prescribed the composition of the commissioned force and the enlisted force of the Signal Corps, and provided for appoint- ments and promotions and filling vacancies therein, on the reorganiza- tion of the corps as part of the military establishment. These sections, with subsequent provisions relating to the same subjects, are superseded by Act Feb. 2, 1901, c. 192, & 24, post, following Rev. St. 1094. Appropriations for Bureau. Sec. 9. That on and after July first, eighteen hundred and ninety- one, the appropriations for the support of the Signal Corps of the Army shall be made with those of other staff corps of the Army, and the appropriations for the support of the Weather Bureau shall be made with those of the other bureaus of the Department of Agricul- ture, and it shall be the duty of the Secretary of Agriculture to pre- pare future estimates for the Weather Bureau which shall be here- after specially developed and extended in the interests of agriculture. Act Oct. 1, 1890, c. 1266, § 9, 26 Stat. 653. This section and the preceding sections of this act may be regarded as superseding previous provisions that appropriations for the Signal Service, under the War Department, should be expended under the direc- tion of the Secretary of War, Act Aug. 7, 1882, c. 433, § 1, 22 Stat. 319; and that no money should be paid out of appropriations for the Army, for the Signal Service, other than the pay of officers, detailed for service therein, except sums specifically appropriated therefor, Act March 3, 1885, c. 339, 23 Stat. 356. Provisions applicable to appropriations and estimates therefor generally are contained in Title XLI, “Appropriations." Provisions for the sale of surplus maps and publications of the Signal Office, the money received therefrom to be applied to the expenses of the Signal Service, are contained in Rev. St. $ 227. The Secretary of the Navy is authorized to loan scientific instruments for the use of the Signal Service, by Act Oct. 19, 1888, c. 1210, § 3, ante, under Rev. St. § 418. 298 Tit. 12– DEPARTMENT OF AGRICULTURE—Ch. B. Sec. 10. [Temporary.] This section provided for making a division of property, etc., between the Weather Bureau and the Signal Corps, and has been executed. ACT APRIL, 23, 1897, c. 1. Leaves of absence. General expenses, Weather Bureau: Bureau: * * Salary of one in- spector, not to exceed two thousand dollars; thirty local-forecast , officials; section directors, observers, operators, repair men, mes- sengers, boy messengers, laborers, and other necessary employees, outside of the city of Washington, who, without additional expense to the Government, may hereafter, in the discretion of the Secretary of Agriculture, be granted such leaves of absence as are now au- thorized to employees in the office of the Chief of the Weather Bureau, not to exceed thirty days in any one year. Act April 23, 1897, c. 1, 30 Stat. 10. Act March 22, 1898, c. 85, 30 Stat. 340. Act March 1, 1899, c. 325, 30 Stat. 958. Act May 25, 1900, c. 555, 31 Stat. 203. Act March 2, 1901, c. 805, 31 Stat. 923. This provision of the agricultural appropriation act of 1897, cited above, is repeated, substantially as set forth above, in the subsequent similar acts of each year. Provisions applicable to all the executive departments, relating to leaves of absence, are collected under Rev. St. § 162. ACT AUG. 8, 1894, c. 238. Counterfeit weather forecasts, warnings, etc. Any person who shall knowingly issue or publish any counter- feit weather forecasts or warnings of weather conditions, falsely representing such forecasts or warnings to have been issued or pub- lished by the Weather Bureau, United States Signal Service, or other branch of the Government service, shall be deemed guilty of a mis- demeanor, and, on conviction thereof, for each offense, be fined in a sum not exceeding five hundred dollars, or imprisoned not to ex- ceed ninety days, or be both fined and imprisoned in the discretion of the court. Act Aug. 8, 1894, c. 238, 28 Stat. 274. Act March 2, 1895, c. 169, 28 Stat. 737. Act April 25, 1896, c. 140, 29 Stat. 108. This provision of the agricultural appropriation act of 1894, first cited above, is repeated in the similar appropriation acts of the two years next following. Weather signals on mail cars, etc. That the Secretary of Agriculture, in cooperation with the Post- master-General, may arrange a plan by which there shall be dis- played on all cars and other conveyances used for transporting Unit- ed States mail, suitable flags or other signals to indicate weather fore- casts, cold-wave warnings, frost warnings, and so forth, to be fur- nished by the Chief of the Weather Bureau. Act Aug. 8, 1894, c. 238, 28 Stat. 274. Act March 2, 1895, c. 169, 28 Stat. 737. Act April 25, 1896, c. 140, 29 Stat. 108. This provision of the agricultural appropriation act of 1894, first cited above, is repeated in the similar appropriation acts of the two years next following. Tit. 12-DEPARTMENT OF AGRICULTURE—Ch. C. 299 ACT MAY 25, 1900, c. 555. Accumulation of old telegrams in Bureau. That hereafter all telegrams pertaining to the business of the Weather Bureau may be destroyed after they are three years old, and the accounts based thereon have been settled by the Treasury Department; and the present accumulation of these old telegrams may be destroyed. Act May 25, 1900, c. 555, 31 Stat. 204. Provisions applicable to all the departments, relating to the disposition of accumulations of useless papers, are collected under Rev. St. § 197. [CHAPTER C.] [The Bureau of Animal Industry.] Act May 29, 1884, c. 60. 4-9. [Relate to traffic in and diseases 1. Establishment of the Bureau. of live stock.] 2. Agents. 10. [Temporary.] 3. Regulations for suppression of 11. Reports of employés, expendi- diseases; co-operation of States tures, and proceedings. and Territories. Act May 25, 1900, c. 555. Leaves of absence. ACT MAY 29, 1884, c. 60. An Act for the Establishment of a Bureau of Animal Industry, to Prevent the Exportation of Diseased Cattle, and to Provide Means for the Suppression and Extirpation of Pleuro-Pneumonia and other Contagious Diseases among Domestic Animals. (23 Stat. 31.) Establishment of the Bureau. Be it enacted, &c., That the Commissioner of Agriculture shall organize in his Department a Bureau of Animal Industry, and shall appoint a Chief thereof, who shall be a competent veterinary sur- geon, and whose duty it shall be to investigate and report upon the condition of the domestic animals of the United States, their pro- tection and use, and also inquire into and report the causes of con- tagious, infectious, and communicable diseases among them, and the means for the prevention and cure of the same, and to collect such information on these subjects as shall be valuable to the ag- ricultural and commercial interests of the country; and the Com- missioner of Agriculture is hereby authorized to employ a force sufficient for this purpose, not to exceed twenty persons at any one time. The salary of the Chief of said Bureau shall be three thou- sand dollars per annum; and the Commissioner shall appoint a clerk for said Bureau, with a salary of one thousand five hundred dol- lars per annum. Act May 29, 1884, c. 60, 81, 23 Stat. 31. The designation of the office of Commissioner of Agriculture is changed by the change of the department into an executive department under a 300 Tit. 12-DEPARTMENT OF AGRICULTURE—Ch. C. Secretary of Agriculture, by Act Feb. 9, 1889, c. 122, ante, under Rev. St. § 521. The authority granted to the Commissioner by this act is vested in the Secretary of Agriculture, by a provision of Act July 14, 1890, c. 707, ante, under Rev. St. § 521. Subsequent appropriations provide an increased salary for the Chief of the Bureau. The amount appropriated for the year ending June 30, 1902, by Act March 2, 1901, c. 805, for the Chief of the Bureau, is $4,000; and for the chief clerk, $2,000. Numerous other officers, clerks, and employés are provided for in like manner, in the agricultural appropria- tion acts of each year. Agents. Sec. 2. That the Commissioner of Agriculture is authorized to ap- point two competent agents, who shall be practical stock-raisers or ex- perienced business men familiar with questions pertaining to com- mercial transactions in live stock, whose duty it shall be, under the instructions of the Commissioner of Agriculture, to examine and report upon the best methods of treating, transporting, and caring for animals, and the means to be adopted for the suppression and extirpation of contagious pleuro-pneumonia, and to provide against the spread of other dangerous contagious, infectious, and communi- cable diseases. The compensation of said agents shall be at the rate of ten dollars per diem, with all necessary expenses, while engaged in the actual performance of their duties under this act, when absent from their usual place of business or residence as such agent. Act May 29, 1884, c. 60, $ 2, 23 Stat. 31. See note under section 1 of this act, ante, as to change of designation of the Commissioner to Secretary of Agriculture. Regulations for suppression of diseases; co-operation of States and Territories. Sec. 3. That it shall be the duty of the Commissioner of Agriculture to prepare such rules and regulations as he may deem necessary for the speedy and effectual suppression and extirpation of said dis- eases, and to certify such rules and regulations to the executive authority of each State and Territory, and invite said authorities to co-operate in the execution and enforcement of this act. When- ever the plans and methods of the Commissioner of Agriculture shall be accepted by any State or Territory in which pleuro-pneumo- nia or other contagious, infectious, or communicable disease is de- clared to exist, or such State or Territory shall have adopted plans and methods for the suppression and extirpation of said diseases, and such plans and methods shall be accepted by the Commissioner of Agriculture, and whenever the governor of a State or other prop- erly constituted authorities signify their readiness to co-operate for the extinction of any contagious, infectious, or communicable dis- ease in conformity with the provisions of this act, the Commissioner of Agriculture is hereby authorized to expend so much of the money appropriated by this act as may be necessary in such investigations, and in such disinfection and quarantine measures as may be neces- sary to prevent the spread of the disease from one State or Ter- ritory into another. Act May 29, 1884, c. 60, $ 3, 23 Stat. 32. See note under section 1 of this act, ante, as to change of designation of the Commissioner to Secretary of Agriculture. Tit. 12—DEPARTMENT CF AGRICULTURE—Ch. C. 301 Secs. 4-9. [Regulate exportation, transportation, etc., of live stock.] These sections contain provisions relating to the exportation and trans- portation of live stock to foreign countries and among the states, etc., and to the suppression of diseases of live stock, and are set forth under Title LVI A, "Regulation of Interstate and Foreign Commerce,” c. 4. Sec. 10. [Temporary.] This section made an appropriation to carry into effect the provisions of the act. Reports of employés, expenditures, and proceedings. Sec. II. That the Commissioner of Agriculture shall report annually to Congress, at the commencement of each session, a list of the names of all persons employed, an itemized statement of all expenditures under this act, and full particulars of the means adopted and car- ried into effect for the suppression of contagious, infectious, or com- municable diseases among domestic animals. Act May 29, 1884, c. 60, § 11, 23 Stat. 33. See note under section 1 of this act, ante, as to change of designation of the Commissioner to Secretary of Agriculture. Provisions for the printing and distribution of the reports of the Secre- tary of Agriculture and of the Bureau of Animal Industry are contained in Act Jan. 12, 1895, c. 23, $ 73, post, under Title XLV, "Public Print- ing, Advertisements, and Public Documents." ACT MAY 25, 1900, c. 555. * Leaves of absence. * And the employees of the Bureau of Animal Industry outside of the city of Washington may hereafter, in the discretion of the Sec- retary of Agriculture, be granted leaves of absence not to exceed fifteen days in any one year: Act May 25, 1900, c. 555, 31 Stat. 202. Act March 2, 1901, c. 805, 31 Stat. 926. This provision of the agricultural appropriation act of 1900, cited above, is repeated in the similar act of 1901. [TITLE XII A.] ) [THE DEPARTMENT OF LABOR.] Act June 13, 1888, c. 389. 1. Establishment of the Department. 2. Commissioner of Labor. 3. Clerks and employés. 4. Vacancy in office of Commission- er. 5. Disbursing clerk. 6. Custody of building and property. 7. Duties of commissioner. 8. Reports. 9. Laws relating to Bureau of Labor applicable to Department con- tinued in force. 10. [Temporary.] ACT JUNE 13, 1888, c. 389. An Act to Establish a Department of Labor. (25 Stat. 182.) Establishment of the Department. Be it enacted, &c., That there shall be at the seat of Government a Department of Labor, the general design and duties of which shall be to acquire and diffuse among the people of the United States use- ful information on subjects connected with labor, in the most general and comprehensive sense of that word, and especially upon its relation to capital, the hours of labor, the earnings of laboring men and women, and the means of promoting their material, social, intellectual, and moral prosperity. Act June 13, 1888, c. 389, § 1, 25 Stat. 182. Commissioner of Labor. Sec. 2. That the Department of Labor shall be under the charge of a Commissioner of Labor, who shall be appointed by the Presi- dent, by and with the advice and consent of the Senate; he shall hold his office for four years, unless sooner removed, and shall receive a salary of five thousand dollars per annum. Act June 13, 1888, c. 389, § 2, 25 Stat. 182. Clerks and employés. Sec. 3. That there shall be in the Department of Labor, to be ap- pointed by the Commissioner of Labor: One chief clerk, at a salary of two thousand five hundred dollars per annum; four clerks of class four, all to be statistical experts; five clerks of class three, one of whom may be a stenographer; six clerks of class two, one of whom may be a translator and one of whom may be a stenographer; eight clerks of class one; five clerks, at one thousand dollars per annum; one disbursing clerk, who shall also have charge of accounts, at a salary of one thousand eight hundred dollars per annum; two copy- ists, at nine hundred dollars each per annum; two copyists, at seven hundred and twenty dollars each per annum; one messenger; one assistant messenger; one watchman; two assistant watchmen; two (302) Tit. 12A-DEPARTMENT OF LABOR. 303 skilled laborers, at six hundred dollars each per annum; two char- women, at two hundred and forty dollars each per annum; six special agents, at one thousand six hundred dollars each per annum; ten special agents, at one thousand four hundred dollars each per annum; four special agents, at one thousand two hundred dollars each per annum, and an allowance to special agents for traveling expenses not to exceed three dollars per day while actually employed in the field and outside of the District of Columbia, exclusive of actual transportation including sleeping-car fares; and such temporary ex- perts, assistants, and other employees as Congress may from time to time provide, with compensation corresponding to that of similar officers and employees in other departments of the Government. Act June 13, 1888, c. 389, $ 3, 25 Stat. 182. Vacancy in office of Commissioner. Sec. 4. That during the necessary absence of the Commissioner, or when the office shall become vacant, the chief clerk shall perform the duties of Commissioner. Act June 13, 1888, c. 389, § 4, 25 Stat. 182. Disbursing clerk. Sec. 5. That the disbursing clerk shall, before entering upon his duties, give bond to the Treasurer of the United States in the sum of twenty thousand dollars, which bond shall be conditioned that the said officer shall render a true and faithful account to the Treasurer, quarter-yearly, of all moneys and properties which shall be by him received by virtue of his office, with sureties to be approved by the Solicitor of the Treasury. Such bond shall be filed in the office of the First Comptroller of the Treasury, to be by him put in suit upon any breach of the conditions thereof. Act June 13, 1888, c. 389, § 5, 25 Stat. 182. Provisions relating to disbursing clerks, applicable to all the Executive Departments, are contained in Rev. St. § 176. Custody of building and property. Sec. 6. That the Commissioner of Labor shall have charge in the building or premises occupied by or appropriated to the Department of Labor, of the library, furniture, fixtures, records, and other prop- erty pertaining to it, or hereafter acquired for use in its business, and he shall be allowed to expend for periodicals and the purposes of the library, and for the rental of appropriate quarters for the accommodation of the Department of Labor within the District of Columbia, and for all other incidental expenses, such sums as Con- gress may provide from time to time. Act June 13, 1888, c. 389, $ 6, 25 Stat. 182. Duties of Commissioner. Sec. 7. That the Commissioner of Labor, in accordance with the general design and duties referred to in section one of this act, is specially charged to ascertain, at as early a date as possible, and when- ever industrial changes shall make it essential, the cost of producing articles at the time dutiable in the United States, in leading countries 304 Tit. 12A-DEPARTMENT OF LABOR. where such articles are produced, by fully-Specified units of produc- tion, and under a classification showing the different elements of cost, or approximate cost, of such articles of production, including the wages paid in such industries per day, week, month, or year, or by the piece; and hours employed per day; and the profits of the manu- facturers and producers of such articles; and the comparative cost of living, and the kind of living. It shall be the duty of the Commis- sioner also to ascertain and report as to the effect of the customs laws, and the effect thereon of the state of the currency, in the United States, on the agricultural industry, especially as to its effect on mort- gage indebtedness of farmers; and what articles are controlled by Trusts, or other combinations of capital, business operations, or labor and what effect said trusts, or other combinations of capital, business operations, or labor have on production and prices. He shall also establish a system of reports by which, at intervals of not less than two years, he can report the general condition, so far as production is con- cerned, of the leading industries of the country. The Commissioner of Labor is also specially charged to investigate the causes of, and facts relating to, all controversies and disputes between employers and employees as they may occur, and which may tend to interfere with the welfare of the people of the different States, and report there- on to Congress. The Commissioner of Labor shall also obtain such in- formation upon the various subjects committed to him as he may deem desirable from different foreign nations, and what, if any, convict made goods are imported into this country, and if so from whence. Act June 13, 1888, c. 389, 87, 25 Stat. 183. The duties of the Commissioner in regard to settlement of controversies between carriers engaged in interstate commerce and their employés are prescribed by Act June 1, 1898, c. 370, $ 2, post, under Title LVI C, “National Trade Unions, and Controversies between Carriers and Their Employés." Reports. Sec. 8. That the Commissioner of Labor shall annually make a report in writing to the President and Congress, of the information collected and collated by him, and containing such recommendations as he may deem calculated to promote the efficiency of the Depart- ment. He is also authorized to make special reports on particular subjects whenever required to do so by the President or either House of Congress, or when he shall think the subject in his charge requires it. He shall, on or before the fifteenth day of December in each year, make a report in detail to Congress of all moneys expended under his direction during the preceding fiscal year. Act June 13, 1888, c. 389, § 8, 25 Stat. 183. Provisions for the printing and distribution of the reports of the Com- missioner of Labor are contained in Act Jan. 12, 1895, c. 23, $ 73, post, under Title XLV, "Public Printing, Advertisements, and Public Docu- ments." The printing of extra copies of the Bulletin of the Department of Labor is provided for by Act June 6, 1900, c. 791, § 1, post, under Title XLV, “Public Printing, Advertisements, and Public Documents." A bound copy of the Congressional Record is to be furnished gratuit- ously to the Department of Labor by a provision of Act July 1, 1898, Tit. 12A-DEPARTMENT OF LABOR. 305 c. 546, § 1, post, under Title XLV, "Public Printing, Advertisements, and Public Documents." The Commissioner is authorized to compile, as part of the Bulletin of the Department, an abstract of the main features of the official statistics of cities having over 30,000 population, by a provision of Act July 1, 1898, c. 546, § 1, post, under Title XLV, "Public Printing, Advertise- ments, and Public Documents." Laws relating to Bureau of Labor applicable to Department continued in force. Sec. 9. That all laws and parts of laws relating to the Bureau of Labor created under the act of Congress approved June twenty- seventh, eighteen hundred and eighty-four, so far as the same are applicable and not in conflict with this act, and only so far, are con- tinued in full force and effect, * * * [Part of section omitted tempo- rary and executed.] Act June 13, 1888, c. 389, $ 9, 25 Stat. 183. Act June 27, 1884, c. 127, 23 Stat. 60, mentioned in this section, which established the Bureau of Labor, is superseded by this act. The portion of this section omitted here provides for the transfer of the clerks and employés, and the library, records, and property of the former Bureau to the Department of Labor, and that, on the organiza- tion of the Department, the functions of the Bureau should cease. Provisions for the incorporation of national trade unions, contained in Act June 29, 1886, c. 567, and provisions for adjustment of controver- sies between carriers engaged in interstate or foreign commerce and their employés, contained in Act June 1, 1898, c. 370, are set forth post, under Title LVIC, "National Trade Unions, and Controversies between Carriers and Their Employés." Sec. 10. [Temporary.] This section provided for estimates to be submitted at once by the Commissioner of Labor for the expenses of the Department for the next fiscal year. LAWS '01-20 TITLE XIII. THE JUDICIARY. Page 306 446 455 Sec. 530 551 563 572 604 605 629 658 463 Chap. 1. Judicial districts .. District courts, organization. 3. District courts, jurisdiction.. 4. District courts, sessions. 5. Judicial circuits.... 6. Circuit courts, organization... 7. Circuit courts, jurisdiction. 8. Circuit courts, sessions... [8A. Circuit courts of appeals]. 9. Supreme Court, organization. 10. Supreme Court, sessions..... 11. Supreme Court, jurisdiction.... 12. Provisions common to more than one court or judge... 13. Habeas corpus.... District attorneys, marshals, and clerks 15. Juries.... 16. Tees.. 17. Evidence.... 18. Procedure..... 19. Limitations.... 20. The Court of Claims, organization and sessions... 21. The Court of Claims, jurisdiction, powers, and procedure. [21A. Court of private land claims] ..... 673 684 687 711 751 767 800 823 858 911 1043 1049 1059 485 485 501 529 546 557 563 564 576 591 597 623 630 658 680 725 729 732 764 CHAPTER ONE, Judicial Districts. Sec. Sec. 530. United States divided into judicial 4. Place of bringing suit; service of districts. process. 531. States constituting one district. 5. [Temporary.] 6. Time of taking effect of act; re- [ALABAMA.] peal. 532. Alabama. Act June 26, 1890, c. 631. Act June 22, 1874, c. 401, $ 6. Terms of courts for southern district. Terms of courts. Act March 3, 1893, c. 220. Act May 2, 1884, c. 38. District attorney and marshal for 1. Counties transferred to northern each district. district. 2. Divisions in northern district; [ARKANSAS.] terms of courts therein. 533. [Superseded.] 3. Place of prosecution of offenses; Act Feb. 20, 1897, c. 269. residence of jurors. 1. Arkansas; districts. (306) Tit. 13—307 — THE JUDICIARY—Ch. 1. Sec. Sec. 5. Place of return of civil process, and of trial of prosecutions for offenses. 6. Residence of jurors; service of process. 7. Removal of causes from State courts. 8. Court house. 9. Clerk's office; deputy clerk. 10. Time of taking effect of act; re- peal. 2. Divisions in eastern district; pro- cess. 3. [Superseded.] 4. [Temporary.] 5. Divisions in western district; pro- cess. 6. Terms of courts for western dis- trict. 7. Place of prosecution of offenses. 8. Additional clerks in eastern dis- trict, northern division. 9. Repeal; time of taking effect of act. Act July 7, 1898, c. 571, $ 1. Clerks in western district, Texarkana division. Act March 2, 1899, c. 350. 1. Terms of courts for eastern dis- trict, northern division. 2. [Temporary.] Act Jan. 16, 1901, c. 92. 1. Terms of courts for eastern dis- trict. 2. Time of taking effect of act. [COLORADO.] Act June 26, 1876, c. 147. 1. Colorado; one district. 2. Jurisdiction of courts and judges. 3. [Superseded.] 4. Marshal, district attorney, clerks, and other officers. 5-8. [Temporary.] Act April 20, 1880, c. 58. 1. Terms of courts. 2. Summoning and attendance of ju- rors. 3. Records of district court. 4. [Repeal.] Act Aug. 3, 1886, c. 848. 1. Terms of courts. 2. Repeal. [CALIFORNIA.] Act Aug. 5, 1886, c. 928. 1. California; southern district. 2. Terms of courts for southern dis- trict. 3. Northern district; terms of courts therefor. 4,5. [Temporary.] 6. Lien of judgments prior to act, and final process thereon. 7. District judge, marshal, and dis- trict attorney for southern dis- trict. 8. Clerks in southern district. 9. Transcripts of records of courts for former district. 10. Tenure of office and compensation of district judge and other of- ficers for former district not af- fected. 11. [Temporary.] Act May 25, 1896, c. 238. Terms of courts for northern district. Act May 29, 1900, c. 594. 1. Counties transferred to southern district. 2. Divisions in southern district. 3. Terms of courts for southern dis- trict. 4. Place of bringing suit. [FLORIDA.] 534. Florida. Act Feb. 3, 1879, c. 43. 1. Counties included in southern dis- trict. 2. Terms of courts for southern dis- trict. Act June 30, 1886, c. 581. Terms of courts for southern dis- trict; time of holding. Act July 23, 1894, c. 149. 1. Counties transferred to southern district. 2. Additional terms of courts for southern district. 3. [Temporary.] Act May 18, 1900, c. 482. Additional terms of courts for south- ern district. [GEORGIA.] 535. Georgia. Act Jan. 29, 1880, c. 17. 1. Counties transferred to southern district. 308 Tit. 13—THE JUDICIARY—Ch. 1. Sec. 5. Residence of jurors. 6. Time of taking effect of act; re- peal. Act Feb. 28, 1901, c. 621. 1. Eastern division in northern dis- trict. 2. Terms of courts for northern dis- trict, eastern division; deputy clerk; court rooms. 3. Place of bringing suit; removal of causes from State courts. 4. Place of prosecution of offenses. 5. Residence of jurors; application of existing laws. 6. Time of taking effect of act; re- peal. Sec. 2. Divisions in southern district. 3. Terms of courts for southern dis- trict, western division. 4. Place of bringing suit, and of trial of issues of fact. 5. Place of prosecution of offenses. 6. [Temporary.] 7. Removal of causes from State courts. 8. Residence of jurors; service of pro- cess. 9. Time of taking effect of act; re- peal. Act April 25, 1882, c. 87. 1. District judge and other officers for each district. 2. District judge assigned to southern district. 3. Appointment of district judge, dis- trict attorney, and marshal. Act June 20, 1884, c. 106. Terms of courts for northern district. Act Feb. 15, 1889, c. 168. 1. Northeastern division in southern district. 2. Terms of courts for southern dis- trict, northeastern division. 3. Place of bringing suit; removal of causes from State courts. 4. Place of prosecution of offenses. 5. [Temporary.] 6. Residence of jurors. 7. Time of taking effect of act; re- peal. Act Feb. 23, 1889, c. 205. Terms of courts for northern district. Act March 3, 1891, c. 566. 1. Western division in northern dis- trict. 2. Terms of courts for northern dis- trict, western division. 3. Process. 4. Deputy clerks; court rooms. 5. [Temporary.] 6. Repeal. Act Aug. 27, 1894, c. 341. 1. Terms of courts for northern dis- trict, western division. 2. Repeal. Act April 12, 1900, c. 185. 1. Northwestern division in northern district; court rooms. 2. Place of bringing suit; process. 3. Place of prosecution of offenses. 4. Deputy clerks. [IDAHO.) Act July 5, 1892, c. 145. 1. Idaho; one district. 2. Terms of circuit court; juries. 3. Divisions in district. 4. Place of bringing suit, and of trial of issues of fact. 5. Deputy clerks. 6. Terms of district court. 7. [Temporary.] 8. [Relates to district of Wyoming.] [ILLINOIS.) 536. Illinois. Act March 2, 1887, c. 315. 1. Counties transferred to northern district. 2. Divisions in northern district. 3. Terms of courts for northern dis- trict. 4. Place of bringing suit. 5. Clerks for northern district, and deputy clerks. 6. Deputy marshal and deputy clerk for northern district, southern division. 7-9. [Temporary.] 10. Additional special terms of courts for northern district, southern division. 11. [Temporary.] Act Aug. 8, 1888, c. 788. 1. Additional terms of courts for southern district. 2. Deputy marshal and deputy clerk for southern district. 3. Additional special terms of courts for southern district. Tit. 13–THE JUDICIARY —Ch. 1. 309 Sec. 4. Deputy clerks and deputy mar- shals. 5. Residence of jurors. Sec. Act July 2, 1890, c. 651. 1. Additional terms of courts for southern district. 2. Deputy marshal and deputy clerk for southern district. 3. Additional special terms of courts for southern district. [KANSAS.] [INDIANA.] Act June 23, 1874, c. 463. 1. Indiana; times for terms of courts. 2. [Temporary.] Act March 3, 1881, c. 154. 1. Additional terms of courts. 2. Clerk, marshal, and district attor- ney, and deputy clerk and deputy marshal. Act Feb. 14, 1899, c. 155. 1. Additional terms of courts. 2. Clerk, marshal, and district attor- ney, and deputy clerk and deputy marshal. 3. Court house. Act March 3, 1879, c. 177. 1. Kansas; additional terms of courts. 2. Duties of clerk of district court, marshal, and district attorney; deputy clerk and deputy mar- shal. 3. [Superseded.] Act Aug. 9, 1888, c. 817. 1. Additional terms of district court. 2. Duties of clerk of district court, marshal, and district attorney; deputy clerk and deputy mar- shal. Act June 9, 1890, c. 403. 1. Divisions in district; terms of courts. 2. Place of bringing suit. 3. Deputy clerks. 4. [Temporary.] Act May 3, 1892, c. 59. 1. Additional division in district; terms of courts. 2. Place of bringing suit; process. 3. Place of prosecution of offenses. 4. Deputy clerks and deputy marshal. 5. [Temporary.] Act March 2, 1895, c. 177, 8 Times of terms of courts in second and third divisions. [IOWA.] 537. [Superseded.] Act July 20, 1882, c. 312. 1. Iowa; districts. 2. District judges. 3. District attorneys and marshals. 4. Clerks. 5. Divisions in northern district. 6. Divisions in southern district. 7. Terms of courts. 8. Circuit court held by district judges. 9. Place of bringing suit; removal of causes from State courts. 10. Place of prosecution of offenses. 11. [Superseded.] Act Feb. 24, 1891, c. 282. 1. Additional divisions in northern district. 2. [Superseded.] Act Jan. 4, 1896, c. 3. 1. Terms of courts for northern dis- trict. 2. Terms of courts for southern dis- trict. 3. [Temporary.] Act June 1, 1900, c. 601. 1. Additional division in southern dis- trict; terms of courts. 2. Place of bringing suit; process. 3. Place of prosecution of offenses. [KENTUCKY.] Act Aug. 8, 1888, c. 792. 1. Kentucky, Owensboro division; terms of courts therein. 2. Jurisdiction of courts. 3. Deputy clerk. 4. Duties of marshal; deputy mar- shal. 5. [Temporary.] 6. [Temporary.] Act Feb. 12, 1901, c. 355. 1. Kentucky; divided. 2. Districts. 3. District judge and other officers for western district. 4. District judge for eastern district. 5. Marshal and district attorney for eastern district. 6. Other officers for eastern district. 310 Tit. 13—THE JUDICIARY —Ch. 1. Sec. 7. Vacancies in office; fees and com- pensation of officers. 8. [Temporary.] 9. Terms of courts. 10. Duration of terms. 11. Previous statutes not repealed. 12. Place of prosecution of offenses. 13. Repeal. 14. Time of taking effect of act. [LOUISIANA.] Act March 3, 1881, c. 144. 1. Louisiana; districts. 2. Place of bringing suit. 3. Place of prosecution of offenses. 4. [Temporary.] 5. Terms of courts for western dis- trict. 6. District judge for western dis- trict; clerks; terms of courts for eastern district. 7. Marshal; district attorney. Act Aug. 8, 1888, c. 789. 1. Divisions in western district; pro- cess. 2. Process against defendants in dif- ferent divisions. 3. Place of trial of causes. 4. Place of prosecution of offenses. 5. Residence of jurors. 6. Deputy clerk. 7. Removal of causes from State courts. Act Aug. 13, 1888, c. 869. 1. Divisions in eastern district; pro- cess. 2. Terms of courts for eastern dis- trict. 3. Process against defendants in dif- ferent divisions. 4. Place of trial of causes. 5. Place of prosecution of offenses. 6. Residence of jurors. 7. Deputy clerks. 8. Removal of causes from from State courts. Act May 18, 1900, c. 481. Terms of courts for western district. Sec. Act June 19, 1878, c. 326. 1. Counties transferred to western district. 2. Divisions in western district; terms of courts; place of trial of issues of fact. 3. Place of bringing suit. 4. Clerks; deputy clerks. 5. District attorney and marshal; deputy marshal. 6. Place of prosecution of offenses; juries; residence of jurors. 7. [Temporary.] 8. Repeal. 9. Additional terms of courts for eastern district. Act Feb. 28, 1887, c. 269. 1. Additional terms of courts for eastern district. 2. Duties of clerks, marshal, and dis- trict attorney; records; sum- moning of jurors. 3. [Superseded.] Act April 30, 1894, c. 66. 1. Divisions in eastern district. 2. Terms of courts; place of trial of issues of fact. 3. Place of bringing suit. 4. Clerks; deputy clerks. 5. Duties of district attorney and marshal; deputy marshal. 6. Place of prosecution of offenses; juries; residence of jurors. 7. [Temporary.] 8. Repeal. [MINNESOTA.] Act April 26, 1890, c. 167. 1. Minnesota; divisions in district. 2. Removal of of causes from State courts; place of bringing suit; process. 3. Place of trial of causes. 4. Terms of courts. 5. Deputy clerks. 6. Juries. 7. Time of taking effect of act. Act July 12, 1894, c. 132. 1. Place of prosecution of offenses. 2. Time of taking effect of act. [MARYLAND.] Act March 21, 1892, c. 20. 1. Maryland; additional terms of courts. 2. Deputy marshal; deputy clerk. [MISSISSIPPI.] 539. [Superseded.] Act June 15, 1882, c. 218. 1. Mississippi; districts. 2. Divisions in northern district; terms of district court; juries. [MICHIGAN.] 538. Michigan Tit. 13—THE JUDICIARY —Ch. 1. 311 Sec. 3. Place of bringing suit; change of venue. 4. Clerk for northern district; depu- ty clerks. 5. Marshal and district attorney for northern district; process. 6. [Temporary.] 7. Jurisdiction of district court for northern district. 8, 9. [Temporary.] 10. Additional special terms of dis- trict court for northern district. Act July 8, 1886, c. 745. Additional county transferred to eastern division in northern dis- trict. Act Feb. 28, 1887, c. 279. 1. Western division in southern dis- trict. 2. Jurisdiction of courts for southern district, western division. 3. [Temporary.] 4. Deputy marshal and deputy clerks. 5. [Superseded.] Act April 4, 1888, c. 58. 1. Southern division in southern dis- trict. 2. Jurisdiction of courts for southern district, southern division. 3. [Temporary.] 4. Deputy marshal and deputy clerks for southern district, southern division. 5. Court house. 6. Juries. Act July 18, 1894, c. 144. 1. Eastern division in southern dis- trict; terms of courts. 2. Jurisdiction of courts for southern district, eastern division. 3. [Temporary.] 4. Place of bringing suit. 5. Process. 6. Residence of jurors. 7. Deputy marshal and deputy clerk for southern district, eastern di- vision. 8. District attorney for southern dis- Sec. 3. Time of taking effect of act. Act March 2, 1899, c. 379. 1. Additional county transferred to western division, southern dis- trict. 2. [Temporary.] [MISSOURI.] 540. [Superseded.] Act Feb. 28, 1887, c. 271. 1. Missouri; districts. 2. Divisions in districts. 3. Terms of courts; juries. 4. Jurisdiction of courts. 5. Clerks; marshals; district attor- neys; process. 6. Jurisdiction of appeals and writs of error. 7. [Temporary.] Act May 21, 1888, c. 298. 1. Additional county transferred to western district. 2. [Temporary.] Act April 19, 1892, c. 50. 1. Terms of courts for western dis- trict. . 2. [Temporary.] 3. Repeal. Act Jan. 28, 1897, c. 106. 1. Additional county transferred to eastern district. 2. Process. Act Jan. 24, 1901, c. 164. 1. Southwestern division in southern district. 2. Terms of courts for southern dis- trict, southwestern division. 3. Clerk, marshal, and attorney for southern district, southwestern division; deputy clerk. 4. Place of bringing suit. 5. Place of prosecution of offenses. 6. Residence of jurors; process. 7. Removal of causes from State courts. 8. Time of taking effect of act; re- peal. [MONTANA.] Act July 7, 1898, c. 571, $ 1. Montana; terms of courts. [NEBRASKA.] Act Aug. 14, 1888, c. 891. 1. Nebraska; terms of courts; ju- trict, eastern division. 9. Change of venue. Act March 2, 1899, c. 351. 1. Place of terms of courts for south- ern district, southern division. 2. [Temporary.] ries. 312 Tit. 13—THE JUDICIARY—Ch. 1. Sec. 2. [Temporary.] Act Aug. 3, 1894, c. 194. 1. Times for terms of courts. 2. Effect of act on existing laws. [NEW HAMPSHIRE.] Act Feb. 23, 1881, c. 71. New Hampshire; terms of courts. Act March 10, 1892, c. 15. Additional terms of courts. Sec. 2. Divisions in district. 3. Terms of district court. 4. Place of bringing suit, and of trial of issues of fact. 5. Terms of circuit court; juries. 6. Deputy clerks. Act Feb. 4, 1895, c. 55. 1. [Amends Act April 26, 1890, C. 161, $$ 3, 5.] 2. Fees and compensation of officers. [NEW JERSEY.] Act Aug. 8, 1888, c. 790. New Jersey; place of trial of cases in circuit and district courts. [NEW YORK.] 541. New York. Act May 12, 1900, c. 391. 1. [Amends Rev. St. § 541.] 2. District judge for western dis- trict. 3. [Amends Rev. St. § 572.] 4. [Amends Rev. St. § 658.] 5. Terms of district court for west- ern district in bankruptcy and admiralty; process in admiral- ty. 6. District judge for northern dis- trict; clerk of circuit court for northern district. 7. Clerk of district court for west- ern district. 8. Place of prosecution of offenses. 9. Officers for northern district. 10. [Temporary.] 542. Jurisdiction over waters near city of New York. [OHIO.] 544. Ohio. Act June 8, 1878, c. 169. 1. Additional terms of courts for northern district; juries; repeal. 2. Divisions in northern district. 3. Place of bringing suit, and of trial of issues of fact. 4. Place of prosecution of offenses. 5. [Temporary.] 6. Residence of jurors; process. 7. Time of taking effect of act; re- peal. Act Feb. 4, 1880, c. 18. 1. Counties transferred to southern district. 2. Terms of courts for southern dis- trict. 3. Divisions in southern district. 4. Place of bringing suit, and of trial of issues of fact. 5. Place of prosecution of offenses. 6. [Temporary.] 7. Residence of jurors; process. 8. Removal of causes from State courts. 9. Time of taking effect of act; re- peal. Act July 27, 1882, c. 351. Terms of courts for northern district; repeal. Act March 2, 1891, c. 493. 1. Additional county transferred to southern district. 2. [Temporary.] [NORTH CAROLINA.] 543. North Carolina. Act June 19, 1878, c. 322. Additional terms of courts for west- ern district. Act Aug. 9, 1894, c. 244. 1. Counties transferred to eastern district. 2. Terms of district court for eastern district. 3. Terms of circuit court for eastern district. 4. Time of taking effect of act. [PENNSYLVANIA.] 545. Pennsylvania. Act March 2, 1901, c. 801. 1. Middle district. 2. Terms of courts for middle dis- trict. 8. District judge and officers for mid- dle district. [NORTH DAKOTA.] Act April 26, 1890, c. 161. 1. North Dakota; one district. Tit. 13—THE JUDICIARY —Ch. 1. 313 Sec. 4. Jurisdiction of courts for middle district. 5. Salary of district judge, and fees and compensation of officers for middle district. 6. Additional special terms of courts for middle district. 7. Existing laws not affected by act. 8. [Temporary.] 9. [Temporary.] 10. [Temporary.] [SOUTH CAROLINA.] 546. South Carolina. Act April 26, 1890, c. 165. 1. Terms of circuit court. 2. Clerk of circuit court; deputy clerk. 3. Terms of district court for eastern district. 4. Terms of district court for west- ern district. 5. Clerk of district court; deputy clerk. 6. Repeal. Act Dec. 21, 1898, c. 32. 1. Terms of circuit court. 2. Terms of district court for west- ern district. 3. Terms of district court for east- ern district. 4. Repeal. Act May 10, 1900, c. 390. 1. Additional terms of circuit court for eastern district. 2. Additional terms of district court for eastern district. Sec. [TENNESSEE.] 547. Teunessee. Act June 20, 1878, c. 359, § 1. Divisions in western district; place of bringing suit; deputy clerks; deputy marshal. Act June 11, 1880, c. 203. 1. [Superseded.] 2. Terms of courts for eastern dis- trict. 3. Divisions in eastern district. 4. Duties of clerks, marshal, and district attorney; deputy clerks and deputy marshal. 5. Place of bringing suit, and of trial of issues of fact. 6. Place of prosecution of offenses. 7. Residence of jurors; process. 8. Removal of causes from State courts. 9. [Superseded.] 10. Time of taking effect of act; re- peal. Act Jan. 15, 1883, c. 25. Additional county transferred to eastern division in western district. Act Dec. 27, 1884, c. 7. 1. Additional county transferred to middle district. 2. Additional county transferred to eastern district. Act Feb. 2, 1899, c. 83. 1. Terms of court for eastern dis- trict, northern division. 2. [Temporary.] 3. Repeal. Act Feb. 7, 1900, c. 10. 1. Additional division in eastern dis- trict. 2. Terms of courts for eastern dis- trict, northeastern division. 8. Duties of clerks, marshal, and dis- trict attorney; deputy clerks. 4. Place of bringing suit. 5. Place of prosecution of offenses. 6. Residence of jurors; process. 7. Removal of causes from State courts. 8. Court houses. 9. Time of taking effect of act; re- peal. Act May 24, 1900, c. 549. 1. Additional county transferred to western division in western dis- [SOUTH DAKOTA.] Act Feb. 27, 1890, c. 21. 1. South Dakota; one district. 2-5. [Superseded.] 6. Clerks and deputy clerks. Act Nov. 3, 1893, c. 10. 1. South Dakota; one district. 2. Divisions in district. 3. Terms of courts. 4. Repeal. 5. Place of bringing suit. 6. Appeals from district court; ju- ries; residence of jurors. 7. Repeal. trict. 314 — Tit. 13—THE JUDICIARY —Ch. 1. Sec. 2. Process. 3. Time of taking effect of act. Act Jan. 19, 1901, c. 102. 1. Terms of courts for eastern dis- trict in northeastern division. 2. [Temporary.] 3. Repeal. [TEXAS.] 548. [Superseded.] Act Feb. 24, 1879, c. 97. 1. Texas; northern district. 2. Eastern district. 3. Western district. 4. Terms of courts for western dis- trict. 5. Divisions in districts; process; place of bringing suit. 6. [Temporary.] 7. District judges. 8. District attorney and marshal for northern district. 9. Clerk and deputy clerks for north- ern district. Act June 11, 1879, c. 18. 1. Additional county transferred to eastern district. 2. Process; jurisdiction of courts. 3. [Temporary.] 4. Assignment of districts to fifth circuit; jurisdiction of courts Sec. 5. Terms of courts for northern dis- trict at Graham abolished. Act Feb. 8, 1897, c. 178. 1. Additional division in eastern dis- trict. 2. Terms of courts for eastern dis- trict. 3. Process; place of prosecution of offenses. 4. Clerks for eastern district. 5. Repeal. Act May 4, 1898, c. 236. 1. Removal of causes from State courts. 2. Repeal. Act Feb. 2, 1899, c. 81. 1. Additional county transferred to northern district. 2. [Temporary.] 3. Place of bringing suit, and of prosecution of offenses. 4. Time of taking effect of act; re- peal. Act March 2, 1899, c. 393. 1. Terms of courts for western dis- trict. 2. Process. 3. Deputy clerk for western district. 4. Repeal. Act April 12, 1900, c. 186. Additional county transferred northern district; process. Act May 26, 1900, c. 590. 1. Additional county transferred to northern district. 2. [Temporary.] 3. Process; place of prosecution of offenses. 4. Repeal. Act Feb. 19, 1901, c. 382. 1. Additional division in eastern dis- trict. 2. Terms of courts for eastern dis- trict. 3. Additional counties transferred to eastern district. 4. Process; place of prosecution of offenses. 5. Clerks for eastern district. 6. Repeal. to [UTAH.] Act March 2, 1897, c. 366. 1. Utah; one district; terms of cir- for northern district. 5. Repeal. Act June 3, 1884, c. 64. 1. [Superseded.] 2. Additional division in western dis- trict. 3. Deputy clerk for western district. 4. Time of taking effect of act; re- peal. Act Dec. 11, 1890, c. 2. 1. Additional county transferred to eastern district. 2. [Temporary.] Act April 7, 1892, c. 39. 1. Terms of courts for eastern dis- trict. 2. Time of taking effect of act. 3. [Temporary.] Act June 11, 1896, c. 422. 1. Terms of courts for northern dis- trict. 2. Divisions in northern district; pro- cess. 3. [Temporary.] 4. Deputy clerks for northern dis- trict. cuit court. 2. Divisions in district. Tit. 13-315 - THE JUDICIARY —Ch. 1. Sec. 3. Place of bringing suit; process; place of trial of issues of fact. 4. Deputy clerks. 5. Terms of district court. 6. [Temporary.] [VERMONT.) Act June 5, 1874, c. 214. Vermont; times for terms of courts. Act July 3, 1894, c. 123. 1. Adjourned terms of courts. 2. Repeal. [VIRGINIA.] 549. Virginia. Act Sept. 25, 1890, c. 922. Terms of courts for western district. Act April 18, 1900, c. 245. Additional term of district court for western district. Sec. 5. District judge for southern dis- trict. 6. Marshal and district attorney, clerk, and other officers for southern district. 7. Salaries, fees, etc., of judges and other officers. 8. [Temporary.] 9. Terms of courts. 10. Duration of terms; adjournments. 11. Adjournment in case of nonat- tendance of judge. 12. Place of prosecution of offenses. 13. Repeal. 14. Time of taking effect of act. [WASHINGTON.] Act April 5, 1890, c. 65. 1. Washington; one district. 2. Terms of circuit court; juries. 3. Divisions in district. 4. Place of bringing suit, and of trial of issues of fact. 5. Deputy clerks. 6. Terms of district court; repeal. [WISCONSIN.] 550. Wisconsin. Act Aug. 5, 1886, c. 932. Terms of courts for western district. Act March 31, 1892, c. 28. 1. Terms of courts for eastern dis- trict. 2. Amendment of previous provisions. Act May 26, 1900, c. 591. 1. Additional terms of courts western district. 2. Clerk and deputy clerk for west- ern district. 3. Court rooms. [WEST VIRGINIA.] Act Jan. 22, 1901, c. 105. 1. West Virginia; divided. 2. Districts. 3. District judge and clerks for northern district. 4. Marshal and district attorney and other officers for northern dis- trict. [WYOMING.] Act May 23, 1892, c. 77. 1. Wyoming; terms of courts. 2. Deputy marshal and deputy clerk. 3. Additional special terms of courts. Act July 5, 1892, c. 145, $ 8. Times for terms of courts. This chapter of the Revised Statutes divided the United States into judicial districts, one or more in each State, merely defining the extent of each district, without further provisions relating thereto, except in section 537, which subdivided the district of Iowa into four divisions, and in section 542, which gave two district courts in New York con- current jurisdiction over certain waters within the districts. Many changes are made by subsequent statutes, which divide the districts previously established, establish new districts on the admission of new States into the Union, and subdivide districts into various divisions. Most of these statutes contain further provisions defining the juris- diction of the courts in particular districts or divisions, appointing terms of the courts-circuit courts as well as district courts—to be held therein, and providing for the appointment of district judges, clerks of the courts, and other officers, regulating their powers, duties, fees, and compensation, and relating to other special and local matters, which provisions usually are connected inseparably with those establishing and dividing the various districts. Such statutes are set forth in full below, 316 (Secs. 530-531 Tit. 13—THE JUDICIARY—Ch. 1. under the names of the several States in alphabetical order, as in the arrangement adopted in the Revised Statutes. As no divisions or other changes have been made in the districts of Connecticut, Delaware, Maine, Massachusetts, Nevada, Oregon, and Rhode Island, as they were de- fined by the Revised Statutes, provisions relating to the courts in those districts, their organization, sessions, officers, etc., are placed under the subsequent chapters of this Title which include those subjects, respec- tively. And under the subsequent chapters and sections thereof in this Title which are affected by provisions of later statutes thus included in this chapter, references to such later provisions here are inserted, with explanatory notes indicating the nature of the changes made. Sec. 530. United States divided into judicial districts. The United States shall be divided into judicial districts as follows: Act Sept. 24, 1789, c. 20, § 1, 1 Stat. 73. 9 Sec. 531. [As amended 1901.] States constituting one district. The States of California, Connecticut, Delaware, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Ne- braska, Nevada, New Hampshire, New Jersey, Oregon, Rhode Is- land, Vermont, each, constitute one judicial district. Conn., Del., Ky., Me., Md., Mass., N. H., N. J., S. C., Act Sept. 20, 1789, c. 20, § 2, 1 Stat. 73. Cal., Act July 27, 1866, c. 280, 81, 14 Stat. 300. Ind., Act March 3, 1817, c. 100, $ 2, 3 Stat. 390. Kans., Act Jan. 29, 1861, c. 20, $ 4, 12 Stat. 128. Ky., Act Sept. 24, 1789, c. 20, $ 2, 1 Stat. 73. Act Feb. 12, 1901, c. 355, § 1, 31 Stat. 781. La., Act July 27, 1866, c. 280, § 1, 14 Stat. 300. Minn., Act May 11, 1858, c. 31, $ 3, 11 Stat. 285. Neb., Act May 25, 1867, c. 7, § 1, 15 Stat. 5. Nev., Act Feb. 27, 1865, c. 64, § 1, 13 Stat. 440. N. C., Act June 4, 1790, c. 17, § 1, 1 Stat. 126. Act April 29, 1802, c. 31, 87, 2 Stat. 162. Or., Act March 3, 1859, c. 85, $ 2, 11 Stat. 437. R. I., Act June 23, 1790, c. 21, $ 2,1 Stat. 128. S. C., Act Feb. 21, 1823, c. 11, § 1, 3 Stat. 726. Vt., Act March 2, 1791, c. 12, § 2, 1 Stat. 197. W. Va., Act Feb. 4, 1819, c. 12, § 1, 3 Stat. 478. Act May 26, 1824, c. 167, 1, 4 Stat. 48. Act June 11, 1864, c. 120, § 1, 13 Stat. 124. Res. March 10, 1866, No. 12, 14 Stat. 350. Act Jan. 22, 1901, c. 105, § 1, 31 Stat. 736. The enumeration in this section of the States each of which, at the time of the enactment of the Revised Statutes, constituted one judicial district, included the States of Kentucky and West Virginia. These States are stricken from the section by amendments by the acts dividing each State into two districts, Act Jan. 22, 1901, c. 105, § 1, dividing the dis- trict of West Virginia, and Act Feb. 12, 1901, c. 355, § 1, dividing the district of Kentucky. The States of California, Iowa, and Louisiana are also divided, each into two districts, by subsequent statutes, there- by impliedly repealing so much of this section as relates to those States, without express amendment thereof. Several of the districts thus formed in these five States, also the districts of Kansas and of Minnesota, are subdivided into various divisions by subsequent statutes. The acts subsequent to the Revised Statutes admitting into the Union the States of Colorado, North Dakota, South Dakota, Montana, Wash- ington, Idaho, Wyoming, and Utah, constitute each of these states, re- spectively, one judicial district, and provide for the courts therein, and for district judges and officers therefor. Provisions subsequent to the Revised Statutes relating to other dis- tricts or divisions thereof are set forth in full under the names of the states, respectively, inserted under or following the successive sections Seo. 532) 317 Tit. 13—THE JUDICIARY —Ch. 1. in this chapter, in the alphabetical order of the names of the States, as in the arrangement adopted in the Revised Statutes. [ALABAMA.] Sec. 532. Alabama. The State of Alabama is divided into three districts, which shall be called the southern, middle, and northern districts of Alabama. The Southern district includes the counties of Mobile, Washington, Bald- win, Sumter, Clarke, Marengo, Greene, Pickens, Wilcox, Monroe, and Conecuh. The middle district includes the counties of Mont- gomery, Autauga, Coosa, Tallapoosa, Chambers, Talledega, Ran- dolph, Macon, Russell, Barbour, Pike, Henry, Dale, Coffee, Coving- ton, Lowndes, Dallas, Perry, Bibb, Shelby, Butler, and Tuscaloosa. The northern district includes the remaining counties of said State. Act Aug. 7, 1848, c. 143, & 1, 9 Stat. 274. Act May 4, 1852, c. 25, $ 2, 10 Stat. 5. The division into districts by this section is altered, and the northern district is enlarged and divided into a northern division and a southern division, by Act May 2, 1884, c. 38, set forth below. Regular terms of the district courts, for the southern district at Mo- bile, for the middle district at Montgomery, and for the northern dis- trict at Huntsville, were appointed by Rev. St. § 572; of the circuit court for the southern district, as the circuit court for the three dis- tricts, at Mobile, by Rev. St. $$ 608, 658. Separate circuit courts for the middle district and the northern district were established by Act June 22, 1874, c. 401, post, under Rev. St. $ 608, and thereupon terms of the circuit courts and district courts for all the three districts were appointed by section 6 of that act, set forth below. The times fixed thereby for terms of the courts in the southern district were again changed by Act June 26, 1890, c. 631, also set forth below. And on the division of the northern district, additional terms of both courts were appointed at Birmingham, by Act May 2, 1884, c. 38, § 2, set forth below. The appointment of but one district judge for all the districts in the State was authorized by Rev. St. & 552; and no district attorney or mar- shal was authorized in the middle district by the Revised Statutes; the district attorney of the northern district was required to perform the duties of district attorney of the middle district by Rev. St. $ 767; and the marshal of the southern district was required to perform the duties of the marshal of the middle district by Rev. St. $ 776. The appointment of a judge for the southern district is authorized by Act Aug. 2, 1886, c. 842, post, under Rev. St. § 552. And the appointment of a district attorney and marshal in each of the three districts is authorized by Act March 3, 1893, c. 220, set forth below. * ACT JUNE 22, 1874, c. 401, 8 6. Terms of courts. That terms of the circuit and district courts for the several districts of Alabama shall be held as follows: For the southern district, [Part of section omitted superseded. Act June 26, 1890, c. 631); for the middle district, on the first Monday of May and the first Monday of November in each year; for the northern district, on the first Mon- day of April and the second Monday of October in each year. Act June 22, 1874, c. 401, $ 6, 18 Stat. 195. Besides the changes by this section in the terms of the courts as fixed by Rev. St. $$ 572, 658, further changes are made by later stat- 318 (Sec. 532 Tit. 13—THE JUDICIARY —Ch. 1. utes set forth below; the provision of this section for the courts for the southern district is superseded by Act June 26, 1890, c. 631; and ad- ditional terms for the northern district are appointed by Act May 2, 1884, c. 38, § 2, set forth below. ACT MAY 2, 1884, c. 38. An Act to Add Certain Counties in Alabama to the Northern Dis- trict therein, and to Divide the said Northern District after the Addition of said Counties into two Divisions, and to Prescribe the Times and Places for Holding Courts therein, and for Other Purposes. (23 Stat. 18.) Counties transferred to northern district. Be it enacted, &c., That the counties of Sumter, Greene, Hale, and Pickens, included in the southern district of Alabama, and the coun- ties of Tuscaloosa, Bibb, Shelby, and Talladega, included in the mid- dle district of Alabama, shall be hereafter included in and constitute part of the northern district of said State. Act May 2, 1884, c. 38, § 1, 23 Stat. 18. Divisions in northern district; terms of courts therein. Sec. 2. That the said northern district is hereby divided into two divisions, which shall be known as the northern and southern divi- sions of the northern district of Alabama. The southern division of said northern district shall include the counties of Sumter, Greene, Hale, Pickens, Tuscaloosa, Lamar, Fayette, Walker, Jefferson, Blount, Bibb, Shelby, Saint Clair, Etowah, Calhoun, Cleburne, Clay, Talladega, Cherokee, and De Kalb; and a term of the district court and circuit court of the United States for said northern district shall be held for said southern division at the city of Birmingham, in the said county of Jefferson, twice in each year, on the first Mondays in March and September. The remaining counties in said northern district shall constitute the northern division thereof; and the terms of the district and circuit courts of the United States for said north- ern division shall be held therein at the times and place now pre- scribed by law. Act May 2, 1884, c. 38, § 2, 23 Stat. 18. Place of prosecution of offenses; residence of jurors. Sec. 3. That all offenses hereafter cominitted in either of said divi- sions shall be cognizable and indictable within the division where committed; and all grand and petit jurors summoned for service in each division shall be inhabitants thereof; * [Part of section omitted relates to past offenses.] Act May 2, 1884, c. 38, § 3, 23 Stat. 18. Place of bringing suit; service of process. Sec. 4. That all civil suits, not of a local character, which shall be hereafter brought in the circuit or district court of United States for the northern district of Alabama, in either of said divisions, against a single defendant, or where all the defendants reside in the same division of said district, shall be brought in the division in which the defendant or defendants reside; but if there are two or more de- Secs. 532-533) 319 Tit. 13—THE JUDICIARY -Ch. 1. fendants, residing in different divisions, such suit may be brought in either division; and all mesne and final process, subject to the pro- visions of this act, issued in either of said divisions, may be served and executed in either or both of the divisions. Act May 2, 1884, c. 38, § 4, 23 Stat. 18. Sec. 5. [Relates to pending causes.] Time of taking effect of act; repeal. Sec. 6. That this act shall be in force from the first day of January, eighteen hundred and eighty-five; and all laws and parts of laws in conflict with this act are hereby repealed. Act May 2, 1884, c. 38, § 6, 23 Stat. 18. Regular terms of the courts for the southern district are appointed by Act June 26, 1890, c. 631, set forth below. A district attorney and a marshal for each of the three districts are authorized by Act March 3, 1893, c. 220, set forth below. ACT JUNE 26, 1890, c. 631. An Act to Fix the Regular Terms of the Circuit and District Courts for the Southern District of Alabama. (26 Stat. 180.) Terms of courts for southern district. Be it enacted, &c., That the regular terms of the circuit and dis- trict courts of the United States for the southern district of Alabama shall be held annually on the fourth Monday in November and the first Monday in May, at the city of Mobile, in said district. Act June 26, 1890, c. 631, 26 Stat. 180. Before this act the terms of the courts for the southern district were appointed by Act June 22, 1874, c. 401, § 6, set forth above. ACT MARCH 3, 1893, c. 220. An Act to Prescribe the Number of District Attorneys and Mar- shals in the Judicial Districts of the State of Alabama. (27 Stat. 745.) District attorney and marshal for each district. Be it enacted, &c., That in each of the three judicial districts of the State of Alabama there shall be a district attorney and a marshal. Act March 3, 1893, c. 220, 27 Stat. 745. Before this act, no district attorney or marshal was authorized in the middle district; the district attorney of the northern district was re- quired to perform the duties of district attorney of the middle district by Rev. St. $ 767; and the marshal of the southern district was re- quired to perform the duties of the marshal of the middle district under Rev. St. $ 776. [ARKANSAS.] Sec. 533. [Superseded. Act Feb. 20, 1897, C. 269.] This section divided the state of Arkansas into an eastern district and a western district, the latter including the Indian Territory as then constituted. The boundary between Arkansas and the Indian country was defined by Act March 3, 1875, c. 140, 18 Stat. 476. Part of the Indian Territory was annexed to the district of Kansas, and the re. 320 (Sec. 533 Tit. 13—THE JUDICIARY_Ch. 1. maining part to the northern district of Texas, by Act Jan. 6, 1883, c. 13, 22 Stat. 400. But all these provisions are superseded by the estab- lishment of a United States court in the Indian Territory by Act March 1, 1889, c. 333, 25 Stat. 783, and subsequent statutes relating to that court. The division into districts by this section was altered by an amendment of it by Act Jan. 31, 1877, c. 41, 19 Stat. 230; and again, by another amendment, by Act June 19, 1886, c. 422, 24 Stat. 83. A further amendment, by Act Feb. 17, 1887, c. 139, divided the eastern district into two divisions, the eastern division and western division; and a Texarkana division in the eastern district was established by Act Feb. 28, 1887, c. 273, 24 Stat. 428. By a still later amendment of this sec- tion, by Act Feb. 9, 1892, c. 6, 27 Stat. 3, Montgomery county was detached from the western district and attached to the eastern district. But these provisions of Rev. St. § 533, and subsequent statutes, relating to the judicial districts and the divisions thereof, are superseded by the different provisions relating to the same subjects contained in Act Feb. 20, 1897, c. 269, set forth below; by which, besides other changes, the Texarkana division is transferred from the eastern district to the west- ern district. Regular terms of the district courts, for the eastern district at Little Rock, for the western district as originally constituted at Ft. Smith and Helena, were appointed by Rev. St. & 572; and of the circuit court for the eastern district at Little Rock, by Rev. St. 8 658; the district court for the western district having the jurisdiction of a circuit court, of all causes except appeals and writs of error, under Rev. St. $ 571. Act Jan. 31, 1877, c. 41, referred to above, having transferred Phillips county, in which Helena is situated, from the western to the eastern district, by amendment of Rev. St. § 533, provided for terms of the dis- trict court for the eastern district at Helena, by amendment of Rev. St. § 556, and extended to the court there the circuit court powers of the court for the western district, by amendment of Rev. St. & 571. But all these provisions conferring circuit court powers were repealed, on the establishment of a circuit court for the western district, with provisions for terms of the circuit court for the eastern district at Helena, by Act Feb. 6, 1889, c. 113, § 5, post, under Rev. St. § 608. The times of holding terms of the district courts, fixed by Rev. St. § 572, were also changed by amendment of that section by Act Jan. 31, 1877, c. 41, mentioned above. On the division of the eastern district by Act Feb. 17, 1887, c. 139, mentioned above, the district courts re- mained at Little Rock and Helena with separate jurisdiction. Terms of the circuit court and district courts were appointed to be held at Texarkana in the eastern district on the esta blishment of the Texarkana division of that district by Act Feb. 28, 1887, c. 273, 24 Stat. 428. The times for terms of the courts at Texarkana, fixed by this act, were changed by Act March 7, 1890, c. 28, 26 Stat. 17. The terms of the circuit courts for the western district, and of the circuit court for the eastern district at Helena, established by Act Feb. 6, 1889, c. 113, referred to above, were directed by that act to be held at the times nd places provided for holding the district courts. But all these provi- sions relating to terms of the courts are superseded by those of Act Feb. 20, 1897, c. 269, $$ 3, 6, set forth below, appointing terms of the circuit and district courts for both districts; and, thereafter, the times of holding the courts in the eastern district are fixed by Act Jan. 16, 1901, c. 92, also set forth below. In addition to the provisions for one clerk for each district court, by Rev. St. $ 555, and one for each circuit court, by Rev. St. 8 619, two clerks for the district court in the western district were authorized by Rev. St. § 556, one at Ft. Smith and one at Helena; and on the trans- fer of the county in which Helena is situated to the eastern district by Act Jan. 31, 1877. c. 41, mentioned above, that act further modified Rev. St. $ 556, and provided for two clerks of the district court for the eastern district, one at Little Rock and one at Helena, instead of in Sec. 533) 321 Tit. 13—THE JUDICIARY-Ch. 1. the western district. On the establishment of the Texarkana division in the eastern district, by Act Feb. 28, 1887, c. 273, mentioned above, a deputy clerk at that place was authorized by section 3 of that act. This is superseded by the provision for the appointment of one addi- tional clerk of the district court and one of the circuit court for the eastern district, at Texarkana, by Act April 1, 1892, c. 31, 27 Stat. 13. On the reorganization of the districts by Act Feb. 20, 1897, c. 269, set forth below, the Texarkana division was placed in the western district; and thereafter the acts of the clerks therein, as clerks of the courts in the western district, were validated, and a clerk for the district court and one for the circuit court for the western district, at Texarkana, were authorized, by a provision of Act July 7, 1898, c. 571, § 1, set forth below. And on such reorganization an additional clerk of the district court and one of the circuit court for the eastern district, in the northern division established in that district, were authorized by Act Feb. 20, 1897, c. 269, § 8, set forth below. ACT FEB. 20, 1897, c. 269. An Act to Reorganize the Judicial Districts of Arkansas, and for Other Purposes. (29 Stat. 590.) Arkansas; districts. Be it enacted, &c., That the State of Arkansas is hereby divided into two districts, which shall be called the eastern and western dis- tricts of Arkansas. The western district shall hereafter include the counties of Benton, Washington, Carroll, Boone, Madison, Newton, awford, Franklin, Johnson, Logan, Sebastian, Scott, Yell , Polk, Sevier, Howard, Pike, Little River, Hempstead, Miller, Lafayette, Nevada, Columbia, Union, Ouachita, and Calhoun. The eastern dis- trict shall hereafter include the residue of said State. Act Feb. 20, 1897, c. 269, § 1, 29 Stat. 590. Divisions in eastern district; process. Sec. 2. That the eastern district is hereby divided into three divi- sions, to be known as the western division, the eastern division, and the northern division. All process, civil and criminal, hereafter is- sued against persons residing in the counties of Mississippi, Critten- den, Lee, Phillips, Clay, Craighead, Poinsett, Greene, Cross, Saint Francis, and Monroe, which shall constitute the eastern division, shall hereafter be made returnable to the courts, respectively, to be held at the city of Helena; and all process, civil and criminal, against persons residing in the counties of Independence, Cleburne, Stone, Izard, Baxter, Searcy, Marion, Sharp, Fulton, Randolph, Lawrence, and Jackson, which shall constitute the northern division, shall be made returnable to the courts, respectively, to be held at the city of Batesville; and all process, civil and criminal, against persons resid- ing in any of the remaining counties of the eastern district of the State, which shall constitute the western division, shall be made re- turnable to the courts, respectively, to be held at the city of Little Rock. Act Feb. 20, 1897, c. 269, § 2, 29 Stat. 591. Sec. 3. [Superseded. Act March 2, 1899, c. 350; Act Jan. 16, 1901, c. 92.] This section appointed terms of the courts for the eastern district. LAWS '01-21 322 (Sec. 533 Tit. 13—TAE JUDICIARY-Ch. 1. It is superseded by the different provisions of Act March 2, 1899, c. 350, and Act Jan. 16, 1901, c. 92, set forth below. Sec. 4. [Relates to pending causes.] Divisions in western district; process. Sec. 5. That the western district is hereby divided into two divi- sions, to be known as the Texarkana and Fort Smith divisions, re- spectively. All process, civil and criminal, hereafter issued against persons residing in the counties of Sevier, Howard, Pike, Little Riv- er, Hempstead, Miller, Lafayette, Columbia, Nevada, Ouachita, Cal- houn, and Union, which shall constitute the Texarkana division, shall hereafter be made returnable to the courts, respectively, to be held at the city of Texarkana; and all process, civil and criminal, hereafter issued against persons residing in any of the remaining counties of the western district of the State, which shall constitute the Fort Smith division, shall be made returnable to the courts, respectively, to be held at the city of Fort Smith. Act Feb. 20, 1897, c. 269, § 5, 29 Stat. 591. Terms of courts for western district. Sec. 6. That the terms of the United States circuit and district courts for the western district of Arkansas shall be held in each year at the times and places as follows: At the city of Texarkana, in the county of Miller, on the second Mondays in May and November; at the city of Fort Smith, in the county of Sebastian, on the second Mondays in January and June. * * (Part of section omitted relates to pending causes.] Act Feb. 20, 1897, c. 269, § 6, 29 Stat. 591. Place of prosecution of offenses. Sec. 7. That all crimes or offenses hereafter committed in any of the divisions of the said districts shall be cognizable within such division, * * [Part of section omitted relates to past offenses.] Act Feb. 20, 1897, c. 269, § 7, 29 Stat. 592. Additional clerks in eastern district, northern division. Sec. 8. That there shall be appointed in the northern division of the eastern district of the State of Arkansas one additional clerk of the district court and one of the circuit court, who shall reside and keep their respective offices in the city of Batesville. Act Feb. 20, 1897, c. 269, § 8, 29 Stat. 592. Repeal; time of taking effect of act. Sec. 9. That all acts and parts of acts in conflict with this Act . be, and the same are hereby, repealed; and this Act shall take effect and be in force from and after its passage. Act Feb. 20, 1897, c. 269, $ 9, 29 Stat. 592. This act supersedes the provisions of Rev. St. § 533, and the various amendments thereof, and all other previous provisions relating to ju- dicial districts in Arkansas, and divisions thereof, and terms of the courts therein. A clerk is authorized for each district court by Rev. St. § 555, and for each circuit court by Rev. St. § 619. Special provision was made by Rev. St. § 556, for two clerks of the district court in the western 9 Sec. 533) 323 Tit. 13—THE JUDICIARY—Ch. 1. district of Arkansas,-one at Ft. Smith and one at Helena. The latter was, transferred to the eastern district by the amendment of Rev. St. $ 556, by Act Jan. 31, 1877, c. 41, 19 Stat. 230. The clerks authorized by section 8 of the above act are in addition to these previously author- ized; and additional clerks of the district court and of the circuit court for the western district at Texarkana are authorized by Act July 7, 1898, c. 571, set forth below, superseding the clerks authorized at that place on the establishment of the Texarkana division in the eastern district by Act Feb. 28, 1887, c. 273, 24 Stat. 428. ACT JULY 7, 1898, c. 571, § 1. Clerks in western district, Texarkana division. That an additional clerk of the district court and an additional clerk of the circuit court for the western district of Arkansas shall be appointed to be clerks of said courts at Texarkana; that the acts and doings of the acting clerk of each of said courts at Tex- arkana since February twentieth, eighteen hundred and ninety-seven, are hereby validated, and the accounting officers of the Treasury are hereby authorized and directed to allow said acting clerks the same fees and compensation for services rendered for the United States as they would have been entitled to if they had been lawfully appointed and held said offices in strict compliance with law. Act July 7, 1898, c. 571, § 1, 30 Stat. 682. The act establishing the Texarkana division in the eastern district, Act Feb. 28, 1887, c. 273, 24 Stat. 428, authorized a deputy clerk for the division; and an additional clerk of the district court and one of the cir- cuit court at Texarkana are authorized by Act April 1, 1892, c. 31, 27 Stat. 13. On the reorganization of the districts by Act Feb. 20, 1897, c. 269, set forth above, the Texarkana division was placed in the west- ern district; and the acts of the clerks therein, as clerks of the courts in the western district, are validated by the above provision. ACT MARCH 2, 1899, c. 350. An Act to Change and Fix the Time of Holding the Terms of the District and Circuit Courts at Batesville, Arkansas. (30 Stat. 976.) Terms of courts for eastern district, northern division. Be it enacted, &c., That the United States circuit and district courts shall hereafter be held at Batesville, Arkansas, on the fourth Monday in May and the second Monday in December of each year instead of the times now fixed by law. Act March 2, 1899, c. 350, 81, 30 Stat. 976. Provisions fixing the times of holding the terms of the courts in all the divisions of the eastern district are contained in Act Jan. 16, 1901, c. 92, set forth below. Sec. 2. [Relates to pending causes.] ACT JAN. 16, 1901, c. 92. An Act to Provide for the Holding of the Circuit and District Courts of the United States for the Eastern District of Arkansas. (31 Stat. 733.) Terms of courts for eastern district. Be it enacted, &c., That the regular terms of the circuit and dis- 324 (Sec. 533 Tit. 13—THE JUDICIARY—Ch. 1. trict courts for the eastern district of Arkansas shall be held at the times and places as follows, to wit: For the western division, at Little Rock on the first Monday in April and the third Monday in October; for the eastern division, at Helena on the second Mondays in March and October; for the northern division, at Batesville on the fourth Monday in May and the second Monday in December. Time of taking effect of act. Sec. 2. That this act shall take effect and be in force from and after its passage. Act Jan. 16, 1901, c. 92, 31 Stat. 733. [CALIFORNIA.] ACT AUG. 5, 1886, c. 928. An Act to Detach Certain Counties from the United States Judi- cial District of California, and Create a United States Judicial District of Southern California. (24 Stat. 308.) California; southern district. Be it enacted, &c., That all that portion of the State of California now comprised in the counties of San Diego, San Bernardino, Los Angeles, Ventura, Santa Barbara, San Luis Obispo, Fresno, Tulare, and Kern is hereby detached from the United States judicial district of California, and made a separate judicial district, called the south- ern district of California. Act Aug. 5, 1886, c. 928, § 1, 24 Stat. 308. Before this act, the State of California was constituted one judicial district, under Rev. St. § 531. Certain counties included in the northern district are detached there- from and attached to the southern district, and the southern district so enlarged is divided into a northern division and a southern division, and the terms of the courts therein are fixed by Act May 29, 1900, c. 594, set forth below. Terms of courts for southern district. Sec. 2. That the regular terms of the circuit and district courts of the United States, respectively, shall be held at Los Angeles, in said southern district of California, beginning on the second Monday in August and the second Monday in January in each year. Act Aug. 5, 1886, c. 928, § 2, 24 Stat. 309. Provisions appointing terms of the district court and circuit courts for the former district of California, contained in Rev. St. $$ 572, 658, and Act Feb. 18, 1876, c. 11, 19 Stat. 4, are superseded by this act. Ad- ditional terms of the courts for the southern district are appointed by Act May 29, 1900, c. 594, § 3, set forth below. Northern district; terms of courts therefor. Sec. 3. That the district of California shall hereafter consist of all of the counties of said State not named in this act, and shall here- after be called the northern district of California; and the circuit and district courts shall be held therein at San Francisco [Part of section omitted superseded. Act May 25, 1896, c. 238.] Act Aug. 5, 1886, c. 928, § 3, 24 Stat. 309. The provisions of this section fixing times for holding terms of the courts are superseded by Act May 25, 1896, c. 238, set forth below. * Sec. 533) 325 Tit. 13—THE JUDICIARY --Ch. 1. Secs. 4, 5. [Relate to pending causes.] Lien of judgments prior to act, and final process thereon. Sec. 6. That the passage of this act shall not have the effect to destroy or impair the lien of any judgment or decree rendered in the circuit or district court of the United States for the present dis- trict of California prior to this act taking effect; and final process on any judgment or decree entered in the circuit or district court of the United States for the district of California, or which shall be entered therein prior to this act taking effect, and all other pro- cess for the enforcement of any order of said courts, respectively, in any cause or proceeding now pending therein except on proceed- ings removed as herein provided, shall be issued and made returna- ble to the proper court for the said northern district of California, and may be directed to and executed by the marshal of the United States for the said northern district in any part of the State of Cal- ifornia. Act Aug. 5, 1886, c. 928, § 6, 24 Stat. 309. District judge, marshal, and district attorney for southern district. Sec. 7. That there shall be appointed a district judge for said south- ern district of California, who shall reside therein, and who shall receive an annual salary of four thousand dollars, payable quarterly from the Treasury; and there shall also be appointed a marshal and attorney of the United States for said southern district of California, who shall respectively, receive such fees and compensation and ex- ercise such powers and duties as are now fixed and enjoined by law. Act Aug. 5, 1886, c. 928, § 7, 24 Stat. 309. The salary of the district judge for the southern district, fixed at $4,000 by this section, is increased to $5,000 by the act fixing the sal- aries of all the district judges at that amount, Act Feb. 24, 1891, c. 287, post, under Rev. St. $ 554. Clerks in southern district. Sec. 8. That the circuit and district judges of said southern dis- trict of California shall each, respectively, appoint a clerk for their respective courts, who shall reside and keep their office at Los Angeles, in said district, and who shall receive such fees and com- pensation for services performed by them, respectively, as are now fixed and limited by law. Act Aug. 5, 1886, c. 928, § 8, 24 Stat. 309. Transcripts of records of courts for former district. Sec. 9. That either of the clerks of the circuit and district courts for the said northern district of California is hereby authorized, at the request of the district judge of said southern district, and at the cost of the parties requiring the same, to make transcripts of any of the records, files, or papers of the district and circuit courts of the United States, remaining in the office of the clerks of the present district of California, and of all matters and proceedings which relate to or concern liens upon or titles to real estate situated in said southern district; and such transcripts, when so made by either of said clerks, shall be certified to be true and correct by the 326 (Sec. 533 Tit. 13—THE JUDICIARY—Ch. 1. clerk making the same, and the same, when so made and certified, , and filed in the proper court, shall constitute the record in such court, and shall be evidence in all courts and places equally with said originals. Act Aug. 5, 1886, c. 928, § 9, 24 Stat. 310. Tenure of office and compensation of district judge and other offi- cers for former district not affected. Sec. 10. That nothing in this act shall in any manner affect the tenure of office of the judge, marshal, United States attorney, or other officers of the present district of California, who shall, re- spectively, be entitled to the same salaries, fees, and emoluments pro- vided by law. Act Aug. 5, 1886, c. 928, § 10, 24 Stat. 310. Sec. II. [Relates to past offenses.] ACT MAY 25, 1896, c. 238. An Act Changing the Time of Holding Terms of the Circuit and District Courts of the United States in the Northern District of California. (29 Stat. 135.) Terms of courts for northern district. Be it enacted, &c., That section three of the Act of August fifth, eighteen hundred and eighty-six, chapter nine hundred and twenty- eight, relating to the terms of the circuit and district courts of the United States for the northern district of California, to be held at San Francisco, be aniended so as to provide that the holding of terms of said circuit and district courts shall be as follows: Beginning on the first Monday in March, the second Monday in July, and the first Monday in November in each year; and so much of such sec- tion three as is inconsistent with this provision is hereby repealed. Act May 25, 1896, c. 238, 29 Stat. 135. ACT MAY 29, 1900, c. 594. An Act to Detach Certain Counties from the United States Ju- dicial District of Northern California and to Annex Such Counties to the United States Judicial District of Southern California; to Divide Said Southern District of California into Two Divisions and to Provide for the Holding of Terms of Court at the City of Fresno and City of Los Angeles. (31 Stat. 219.) Counties transferred to southern district. Be it enacted, etc., That all that portion of the State of California now comprised in the counties of Inyo, Mariposa, and Merced is hereby detached from the United States judicial district of northern California, known as the northern district of California, and annexed to and made a part of the United States judicial district of southern California, known as the southern district of California. Act May 29, 1900, c. 594, § 1, 31 Stat. 219. Divisions in southern district. Sec. 2. That the United States judicial district of southern Califor- nia, known as the southern district of California, as enlarged and Sec. 533) 327 Tit. 13—THE JUDICIARY—Ch. 1. constituted by this Act, is hereby divided into two divisions, to be known as the northern and southern divisions, to wit, that all that portion of said judicial district of southern California, known as the southern district of California, comprised of the counties of Inyo, Mariposa, Tulare, Merced, Madera, Fresno, Kings, and Kern shall constitute and be known as the northern division of the southern district of California, and that portion of said judicial district of southern California composed of the counties of Los Angeles, Or- ange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura, being all the residue of said district not in- cluded in the northern division, shall constitute and be known as the southern division of the southern district of California. Act May 29, 1900, c. 594, § 2, 31 Stat. 219. Terms of courts for southern district. Sec. 3. That after the thirtieth day of June, nineteen hundred, terms of the circuit and district courts of the United States for the said southern district of California shall be held in each of said di- visions, at the places in said divisions, and at the times, to wit, in and for the northern division, at the city of Fresno, twice in each year, namely, on the first Monday in May, to be known as the May terms of said courts, and on the second Monday in November, to be known as the November terms of said courts; in and for the southern division, at the city of Los Angeles, twice in each year, namely, on the second Monday in January, to be known as the January terms of said courts, and on the second Monday in July, to be known as the July terms of said courts. Act May 29, 1900, c. 594, § 3, 31 Stat. 219. Place of bringing suit. Sec. 4. That all suits not of a local nature in said circuit and dis- trict courts against a single defendant, inhabitant of said State, must be brought in the division of the district where he resides; but if there are two or more defendants residing in different divisions of the district, such suits may be brought in either division. Act May 29, 1900, c. 594, § 4, 31 Stat. 220. Place of return of civil process, and of trial of prosecutions for of- fenses. Sec. 5. That all civil process issued against persons resident in the northern division of said southern district of California, and cognizable before the United States courts, shall be made returnable to the courts, respectively, to be held at the city of Fresno; all prosecutions for offenses committed in said northern division shall be tried in the appropriate court of jurisdiction at said city of Fresno; that all civil process issued against persons resident in the southern division of the said southern district of California, and cognizable before the United States courts, shall be made returnable to the courts, respectively, to be held at the city of Los Angeles; and all prosecutions for offenses committed in said southern division shall be tried in the appropriate court of jurisdiction at said city of Los 328 (Sec. 533 Tit. 13—THE JUDICIARY_Ch. 1. * Angeles : * [Part of section omitted relates to pending causes and to past offenses.] Act May 29, 1900, c. 594, § 5, 31 Stat. 220. Residence of jurors; service of process. Sec. 6. That all grand and petit jurors summoned for service in each division shall be residents of such division. All mesne and final process subject to the provisions hereinbefore contained, is- sued in either of said divisions, may be served and executed in either or both of the divisions. Act May 29, 1900, c. 594, 8 6, 31 Stat. 220. Removal of causes from State courts. Sec. 7. That in all cases of removal of suits from the courts of the State of California to the courts of the United States in the South- ern district of California such removal shall be to the United States courts in the division in which the county is situated from which the removal is made, and the time within which the removal shall be perfected, in so far as it refers to or is regulated by the terms of the United States courts, shall be deemed to refer to the terms of the United States courts held in said division of said judicial district. Act May 29, 1900, c. 594, § 7, 31 Stat. 220. Court house. Sec. 8. That each of said courts held at Fresno shall be held in a building to be provided for that purpose by the county or municipal authorities and without expense to the United States. Act May 29, 1900, c. 594, § 8, 31 Stat. 220. Clerk's office; deputy clerk. Sec. 9. That except when court is in session, and a judge present, the clerk's office of the said courts may be at Los Angeles, where all records for said courts may be kept, and all duties performed; but should, in the judgment of the district judge and the clerk, the busi- ness of said courts hereafter warrant the employment of a deputy clerk at Fresno, California, a deputy clerk may be appointed to reside and keep his office at Fresno. Act May 29, 1900, c. 594, § 9, 31 Stat. 220. Time of taking effect of act; repeal. Sec. 10. That this Act shall be in force from and after the thirtieth day of June, anno Domini nineteen hundred, and all Acts and parts of Acts so far as inconsistent herewith are hereby repealed. Act May 29, 1900, c. 594, § 10, 31 Stat. 221. [COLORADO.] ACT JUNE 26, 1876, c. 147. An Act to Further the Administration of Justice in the State of Colorado. (19 Stat. 61.) Colorado; one district. Be it enacted, &c., That when the State of Colorado shall be ad- mitted into the Union, according to the provisions of the act enti- Sec. 533) 329 Tit. 13—THE JUDICIARY_Ch. 1. tled "An act to enable the people of Colorado to form a constitu- tion and State government, and for the admission of said State into the Union on an equal footing with the original States," approved March third, eighteen hundred and seventy-five, the laws of the United States not locally inapplicable shall have the same force and effect within the said State as elsewhere within the United States; and said State shall constitute one judicial district, to be called the dis- trict of Colorado; and for said district a district judge and a mar- shal and a district attorney of the United States shall be appointed by the President, by and with the advice and consent of the Senate, with the same rights, powers, and duties provided by law for sim- ilar officers in the other States, except as herein otherwise pro- vided; and said district of Colorado shall be attached to, and con- stitute a part of, the eighth judicial circuit ; * [Part of section omitted superseded. Act April 20, 1880, c. 58, and Act Aug. 3, 1886, c. 848.] Act June 26, 1876, c. 147, § 1, 19 Stat. 61. The act for the admission into the Union of the State of Colorado, referred to in this section, is Act March 3, 1875, c. 139, 18 Stat. 474. The President issued his proclamation declaring Colorado admitted as a state into the Union August 1, 1876, 19 Stat. 665. The district established by this act was divided into three divisions, a southern division, a western division, and a northern division, by Act Feb. 15, 1879, c. 82, 20 Stat. 292; but that act was repealed by Act April 20, 1880, c. 58, § 4, set forth below. The provisions of this section appointing regular terms of the courts for the district are superseded by the subsequent statutes set forth below. Sections 5-8 of this act contained provisions relating to appeals and writs of error and other proceedings pending in the courts of the terri- tory, and other temporary provisions. Jurisdiction of courts and judges. Sec. 2. That the circuit and district courts for the district of Col- orado, and the judges thereof respectively, shall possess the same powers and jurisdiction, and perform the same duties possessed and required to be performed by the other circuit and district courts and judges of the United States, and shall be governed by the same laws and regulations. Act June 26, 1876, c. 147, § 2, 19 Stat. 61. Sec. 3. [Superseded. Act Feb. 24, 1891, c. 287.] This section fixed the compensation of the district judge for the dis- trict at $3,500; but this was increased to $5,000 by the act fixing the salaries of all the district judges at that amount, Act Feb. 24, 1891, c. 287, post, under Rev. St. $ 554. Marshal, district attorney, clerks, and other officers. Sec. 4. That the marshal, district attorney, and the clerk of the , circuit and district courts of said district of Colorado, and all other officers and persons performing duties in the administration of jus- tice therein, shall severally possess the powers and perform the duties lawfully possessed and required to be performed by similar officers in other districts of the United States, and shall, for the services they may perform, receive the fees and compensation allowed to oth- er similar officers and persons performing similar duties by the laws 330 (Sec. 533 Tit. 13—THE JUDICIARY—Ch. 1 of the United States, excepting such provisions thereof as are spe- cially applicable to some particular officer or district. Act June 26, 1876, c. 147, § 4, 19 Stat. 62. Secs. 5-8. [Temporary.] These sections contained provisions relating to appeals and writs of error and other proceedings pending in the courts of the territory, and other temporary provisions. ACT APRIL 20, 1880, c. 58. An Act to Provide for the Establishing of Terms of Court in the District of Colorado. (21 Stat. 76.) Terms of courts. Be it enacted, &c., That terms of the circuit and district courts of the United States for the district of Colorado shall be held at the times and places hereinafter designated, namely: * [Part of sec- tion omitted superseded. Act Aug. 3, 1886, c. 848.] Act April 20, 1880, c. 58, § 1, 21 Stat. 76. The provisions of this section, fixing the times and places for holding terms of the courts, are superseded by Act Aug. 3, 1886, c. 848, set forth below. Summoning and attendance of jurors. Sec. 2. Whenever the terms of the said circuit and district courts shall be held at the same time and place, grand and petit jurors sum- moned to attend in either of said courts may serve in the other of said courts, and but one grand or petit jury shall be summoned to attend on said courts at one and the same time; but this provision shall not prevent either of said courts from procuring the attendance of several panels of jurors successively, as the business of the courts may require. Act April 20, 1880, c. 58, § 2, 21 Stat. 76. Records of district court. Sec. 3. The records of the district court in the several divisions of the district of Colorado, as declared by the act approved Febru- ary fifteenth, eighteen hundred and seventy-nine, entitled “An Act to provide for holding terms of the circuit and district courts in the district of Colorado," shall be kept and retained in the clerk's office of the district court of Colorado; * * [Part of section omitted relates to pending causes.] Act April 20, 1888, c. 58, § 3, 21 Stat. 76. The provisions of this section relating to the records of the district court in the several divisions created by Act Feb. 15, 1879, c. 82, 20 Stat. 292, and the disposition of causes pending therein, have in view the repeal of said act of 1879 by section 4 of this act. Sec. 4. [Repeals Act Feb. 15, 1879, c. 82.] ACT AUG. 3, 1886, c. 848. An Act to Provide for Terms of Court in Colorado. (24 Stat. 214.) Terms of courts. Be it enacted, &c., That terms of the circuit and district courts Secs. 533-534) 331 Tit. 13—THE JUDICIARY-Ch. 1. of the United States for the district of Colorado shall be held at the times and places hereinafter designated, namely: At Denver, on the first Tuesday in May and the first Tuesday in November in each year; at Pueblo, on the first Tuesday in April in each year; at Del Norte, on the first Tuesday in August in each year. Act Aug. 3, 1886, c. 848, § 1, 24 Stat. 214. Repeal. Sec. 2. That acts inconsistent with this act are hereby repealed, [Part of section omitted relates to effect of act on terms of court then in progress.] Act Aug. 3, 1886, c. 848, § 2, 24 Stat. 215. This act supersedes all previous provisions relating to the terms of the courts for the district. * [FLORIDA.] Sec. 534. Florida. The State of Florida is divided into two districts, which shall be called the northern and southern districts of Florida. The northern district includes all that part of the State lying north of a line drawn due east and west from the northern part of Charlotte Harbor. The southern district includes the residue of said State. Act March 3, 1845, c. 75, § 3, 5 Stat. 788. Act Feb. 23, 1847, c. 20, $81, 8, 9 Stat. 131, 132. The division into districts by this section is altered, and certain coun- ties are detached from the northern district and annexed to the southern district, by Act Feb. 3, 1879, c. 43, and Act July 23, 1894, c. 149, set forth below. Regular terms of the district courts and of the circuit court for the northern district at Tallahassee, Pensacola, and Jacksonville, and for the southern district at Key West, were appointed by Rev. St. $$ 572, 658. On the extension of the southern district by Act Feb. 3, 1879, c. 43, a term of the district court and circuit court each year at Tampa was appointed by section 2 of that act; but the time fixed thereby for such term was changed by Act June 30, 1886, c. 581, set forth below. On the further extension of the southern district by Act July 23, 1894, c. 149, terms of the district court and circuit court for the southern dis- trict were authorized at Jacksonville, included in the district by that act, in addition to the terms at Key West and Tampa, by section 2 of that act. And sittings of both the circuit and the district courts for the southern district at Ocala are provided for by Act May 18, 1900, c. 482, set forth below. ACT FEB. 3, 1879, c. 43. An Act to Extend the Jurisdiction of the District and Circuit Courts of the United States for the Southern District of Florida. (20 Stat. 280.) Counties included in southern district. Be it enacted, &c., That from and after the passage of this act the southern judicial district of the State of Florida shall embrace the counties of Hernando, Hillsborough, Polk, Manatee, and Monroe, in 332 (Sec. 534 Tit. 13—THE JUDICIARY—Ch. 1. said State; and all the Territory within the remaining counties shall constitute the northern judicial district. Act Feb. 3, 1879, c. 43, § 1, 20 Stat. 280. Certain counties included in the northern district by this section are detached therefrom and annexed to the southern district by Act July 23, 1894, c. 149, set forth below; and additional terms of courts are authorized at Jacksonville by the same act, and at Ocala by Act May 18, 1900, c. 482, also set forth below. * Terms of courts for southern district. Sec. 2. That a term of the district and circuit courts of the United States shall be held in each year at Tampa, in said district, * [Part of section omitted fixes time for terms of courts, superseded by Act June 30, 1886, c. 581, and proviso relates to pending causes.] Act Feb. 3, 1879, c. 43, § 2, 20 Stat. 280. The tiine fixed by this section for holding terms of the courts at Tam- pa is changed by Act June 30, 1886, c. 581, set forth below. ACT JUNE 30, 1886, c. 581. An Act to Change the Time of Holding United States Circuit and District Courts in the Southern District of the State of Florida. (24 Stat. 106.) Terms of courts for southern district; time of holding. Be it enacted, &c., That the United States circuit and district courts for the southern district of Florida, at Tampa, shall hereafter be held on the second Monday in February of each year, instead of the first Monday in March; and so much of the act entitled "An act to extend the jurisdiction of the district and circuit courts of the United States for the southern district of Florida," approved Feb- ruary the third, eighteen hundred and seventy-nine, as provides that the said courts shall be held on the first Monday in March, is hereby repealed. Act June 30, 1886, c. 581, 24 Stat. 106. ACT JULY 23, 1894, c. 149. An Act to Change the Boundaries of the Judicial Districts of the State of Florida. (28 Stat. 117.) Counties transferred to southern district. Be it enacted, &c., That the following counties of the State of Florida, to wit: Alachua, Baker, Bradford, Brevard, Clay, Colum- bia, Dade, Duval, Hamilton, Lake, Madison, Marion, Nassau, Orange, Osceola, Putnam, Saint John, Sumter, Suwannee, and Volu- sia, be and the same are hereby detached from the northern judicial district of said State, and attached to the southern judicial district thereof. Act July 23, 1894, c. 149, § 1, 28 Stat. 117. Additional terms of courts for southern district. Sec. 2. That terms of the district and circuit courts for said south- ern district shall be held at Jacksonville, Florida, beginning on the Secs. 534-535) 333 Tit. 13—THE JUDICIARY-Ch. 1 first Monday of December of each year, in addition to the times at Key West and Tampa as now provided by law. Act July 23, 1894, c. 149, § 2, 28 Stat. 117. Provision for sessions of the circuit and district courts in the city of Ocala is made by Act May 18, 1900, c. 482, set forth below. Sec. 3. [Relates to pending causes and transfer of records.] ACT MAY 18, 1900, c. 482. An Act to Provide for Sittings of the Circuit and District Courts of the Southern District of Florida in the City of Ocala, in Said Dis- trict. . (31 Stat. 180.) Additional terms of courts for southern district. Be it enacted, etc., That in addition to the times and places now fixed by law for the sitting of the circuit and district courts of the United States for the southern district of Florida there shall be a session of the said courts in the city of Ocala on the third Monday in January in each year hereafter: Provided, That the county in which said courts are to be held shall furnish suitable rooms and ac- commodations for the holding thereof, free of expense to the Gov- ernment of the United States. Act May 18, 1900, c. 482, 31 Stat. 180. [GEORGIA.] Sec. 535. Georgia The State of Georgia is divided into two districts, which shall be called the northern and southern districts of Georgia. The northern district includes the counties of Troup, Meriwether, Pike, Butts, Jas- per, Morgan, Green, Taliaferro, Wilkes, and Lincoln, as they existed August 11, 1848, with all the counties north of them. The southern district includes the counties of Harris, Talbot, Upson, Monroe, Jones, Putnam, Hancock, Warren, and Columbia, as they existed at said date, with all the counties south of them. Act Aug. 1, 1848, c. 151, § 1, 9 Stat. 280. The division into districts by this section is altered by various trans- fers of certain counties from one district to the other, and in each district divisions are established, and the terms of the courts therein are appointed, by subsequent statutes set forth below. The southern district is divided into an eastern division and a western division by Act Jan. 29, 1880, c. 17; and a northeastern division is established by Act Feb. 15, 1889, c. 168. In the northern district a western division is established by Act March 3, 1891, c. 566, a northwestern division by Act April 12, 1900, c. 185, and an eastern division by Act Feb. 28, 1901, c. 621. Regular terms of the district courts and circuit court, for the northern district at Atlanta, and for the southern district at Savannah, were appointed by Rev. St. SS 572, 658; and the times for the terms in the northern district were changed by Act June 20, 1884, c. 106, and by Act Feb. 23, 1889, c. 205, set forth below. Under the statutes mentioned above, establishing the several divisions in each district, terms of both courts are also provided for the southern district, in the western divi- sion at Macon, and in the northeastern division at Augusta; for the 334 (Sec. 535 Tit. 13—THE JUDICIARY—Ch. 1. northern district, in the western division at Columbus, in the north- western division at Rome, and in the eastern division at Athens. The appointment of but one district judge, one district attorney, and one marshal for both districts was authorized by Rev. St. 88 552, 767, 776. The appointment of a judge and other officers for each district is authorized by Act April 25, 1882, c. 87, set forth below. Provisions for the appointment of deputy clerks in particular divisions are contained in Act Feb. 15, 1889, c. 168, 82, Act March 3, 1891, c. 566, § 4, and Act April 12, 1900, c. 185, § 4, set forth below. ACT JAN. 29, 1880, c. 17. An Act to Provide for Circuit and District Courts of the United States at Macon, Georgia, and to Transfer Certain Counties from the Northern to the Southern District in said State. (21 Stat. 62.) Counties transferred to southern district. Be it enacted, &c., That the counties of Pike, Butts, and Jasper, , heretofore composing a part of the northern district of Georgia, be transferred to, and henceforth form a part of, the southern district of Georgia. Act Jan. 29, 1880, c. 17, § 1, 21 Stat. 62. Other counties are detached from the northern district and attached to the southern district to form part of the northeastern division thereof, by Act Feb. 15, 1889, c. 168, set forth below. In like manner several counties are detached from the southern dis- trict and attached to the northern district, to form part of the western division thereof, by Act March 3, 1891, c. 566, set forth below. Divisions in southern district. Sec. 2. Said southern district shall be, and hereby is, divided into two divisions, to be known as the eastern and the western divisions of the southern district of Georgia. The western division shall con- sist of forty-three counties, to wit: Bibb, Monroe, Jones, Twiggs, Houston, Crawford, Baldwin, Wilkinson, Laurens, Pulaski, Dooly, Macon, Taylor, Upson, Pike, Butts, Jasper, Putnam, Hancock, War- ren, Dodge, Wilcox, Telfair, Sumter, Schley, Marion, Talbot, Harris, Muscogee, Chattahoochee, Stewart, Webster, Lee, Terrell, Ran- dolph, Quitman, Clay, Calhoun, Dougherty, Baker, Early, Miller, and Mitchell. The eastern division shall consist of the remaining coun- ties in said district. No additional clerk or marshal shall be appoint- ed in said district. Act Jan. 29, 1880, c. 17, § 2, 21 Stat. 63. Terms of courts for southern district, western division. Sec. 3. A term of the circuit court and of the district court for the southern district of Georgia shall be held at Macon in said State on the first Mondays of May and October in each year. Act Jan. 29, 1880, c. 17, § 3, 21 Stat. 63. Place of bringing suit, and of trial of issues of fact. Sec. 4. All suits not of a local nature in the circuit and district courts against a single defendant, inhabitant of said State, must be brought in the division of the district where he resides; but if there are two or more defendants residing in different divisions of the dis- Sec. 535) Tit. 13—THE JUDICIARY-Ch. 1. 335 trict, such suits may be brought in either division. All issues of fact in said suits shall be tried at a term of the court held in the division where the suit is so brought. Act Jan. 29, 1880, c. 17, § 4, 21 Stat. 63. Place of prosecution of offenses. Sec. 5. Prosecutions for crimes or offenses hereafter committed in either of the sub-divisions shall be cognizable within such division; * * [Part of section omitted relates to past offenses.] Act Jan. 29, 1880, c. 17, § 5, 21 Stat. 63. Sec. 6. [Relates to pending causes.] Removal of causes from State courts. Sec. 7. In all cases of removal of suits from the courts of the State of Georgia to the courts of the United States in the southern district of Georgia such removal shall be to the United States courts in the division in which the county is situated from which the removal is made; and the time within which the removal shall be perfected, in so far as it refers to, or is regulated by, the terms of the United States courts, shall be deemed to refer to the terms of the United States courts in such division. Act Jan. 29, 1880, c. 17, § 7, 21 Stat. 63. Residence of jurors; service of process. Sec. 8. All grand and petit jurors summoned for service in each di- vision shall be residents of such division. All mesne and final pro- cess, subject to the provisions hereinbefore contained, issued in either of said divisions may be served and executed in either or both of the divisions. Act Jan. 29, 1880, c. 17, § 8, 21 Stat. 63. Time of taking effect of act; repeal. Sec. 9. This act shall be in force from and after the first day of July anno Domini, eighteen hundred and eighty. All acts and parts of acts inconsistent herewith are hereby repealed. Act Jan. 29, 1880, c. 17, § 9, 21 Stat. 63. ACT APRIL 25, 1882, c. 87. An Act to Establish Distinct United States Courts, with Distinct Officers, in the Northern and Southern Judicial Districts of the State of Georgia. (22 Stat. 47.) District judge and other officers for each district. Be it enacted, &c., That hereafter there shall be for each of the two judicial districts in the State of Georgia a judge, district attorney, marshal and clerk to be appointed, commissioned, and removed as provided by law for other such officers; but the officers now acting in said places in both said districts shall continue to act until their places shall be filled according to law. Act April 25, 1882, c. 87, § 1, 22 Stat. 47. Before this act, one district judge, one district attorney, and one marshal were authorized for both districts by Rev. St. $ $ 552, 767, 776. 336 (Sec. 535 Tit. 13—THE JUDICIARY—Ch. 1. District judge assigned to southern district. Sec. 2. That the district judge now holding office for both said dis- tricts shall be assigned to and hereafter be the district judge for the southern district in said State. Act April 25, 1882, c. 87, § 2, 22 Stat. 47. Appointment of district judge, district attorney, and marshal. Sec. 3. That the President of the United States, by and with the advice and consent of the Senate, shall appoint for the northern dis- trict in said State a district judge who shall have all the powers and perform all the duties held and performed by the other district judges of the courts of the United States, and shall receive a salary of three thousand five hundred dollars a year. And the President of the United States, by and with the advice and consent of the Senate, shall appoint a district attorney and marshal of said southern district, and when the term of the present district attorney and marshal here- by assigned to the northern district shall expire the President of the United States, by and with the advice and consent of the Senate, shall appoint a district attorney and marshal for said northern district, with the same powers and duties as in other cases, and with the same compensation and emoluments as are provided for the district attor- ney and marshal by existing laws for said districts. Act April 25, 1882, c. 87, § 3, 22 Stat. 47. The salary of the district judge for the northern district, fixed at $3,500 by section 3 of this act, is increased to $5,000 by the act fixing the salaries of all the district judges at that amount, Act Feb. 24, 1891, c. 287, post, under Rev. St. $ 554. ACT JUNE 20, 1884, c. 106. An Act to Change the Times of Holding the District and Circuit Courts of the United States in the Northern District of Georgia. (23 Stat. 50.) Terms of courts for northern district. Be it enacted, &c., That hereafter the regular terms of the district and circuit courts of the United States in the northern district of Georgia now held on the first and second Mondays of September re- spectively shall each be held on the first Monday in October in each year. Act June 20, 1884, c. 106, 23 Stat. 50. Before this act, the times of holding these courts were fixed by Rev. St. $§ 572, 658. Another change is made by Act Feb. 23, 1889, c. 205, set forth below. ACT FEB. 15, 1889, c. 168. An Act to Create the Northeastern Division of the Southern Fed- eral Judicial District of Georgia, and to take Certain Counties from the Northern District and add to the Southern District, and to Provide for Holding Courts in said Northeastern Division and for Other Purposes. (25 Stat. 671.) Northeastern division in southern district. Be it enacted, &c., That the northeastern division of the southern judicial district of Georgia is hereby established, to be composed of Sec. 535) Tit. 13—THE JUDICIARY—Ch. 1. 337 the counties of Warren, Glascock, McDuffie, Columbia, Richmond, Burke, Jefferson, Johnson, and Washington of the southern district, and of the counties of Lincoln, Wilkes, and Taliaferro of the north- ern district, which are hereby attached to the southern district and made part of the northeastern division of said southern district. Act Feb. 15, 1889, c. 168, § 1, 25 Stat. 671. Terms of courts for southern district, northeastern division. Sec. 2. That there shall be held at the city of Augusta, in said northeastern division of the southern judicial district of Georgia, two terms of the district and circuit courts in each and every year, to wit, one term commencing on the first Monday in April and the other commencing the third Monday in November of each year, and it shall be the duty of the clerk, marshal, and other officers of the southern judicial district to attend said terms of said court and perform all the duties pertaining to their positions, and no additional clerk or mar- shal shall be appointed in said district. If in the opinion of the court it shall become necessary, a deputy clerk may be appointed. Act Feb. 15, 1889, c. 168, § 2, 25 Stat. 671. Place of bringing suit; removal of causes from State courts. Sec. 3. That all civil suits not of a local nature must be brought in said northeastern division where the defendant resides in said north- eastern division of the Southern Federal judicial district of Georgia. But if there are two or more defendants, some residing in the north- eastern division and others residing in any other portion of said southern district of Georgia, the action may be brought in any one of the divisions in which any one of the defendants resides. When the defendant is a non-resident of either division action may if plain- tiff is a citizen of the district be brought in that division wherein the defendant may be found. Cases removed from any of the courts of the State of Georgia to the circuit courts of the United States shall be removed to the circuit court in the division in which said court is held. Act Feb. 15, 1889, c. 168, § 3, 25 Stat. 671. Place of prosecution of offenses. Sec. 4. That all prosecutions for crimes or offenses committed after the date at which this act takes effect in any of the counties of the said northeastern division shall be cognizable within such divi- sion, and all prosecutions for crimes or offenses committed prior to the date when this act takes effect within any of said counties, taken as aforesaid from the northern district, or committed in the southern district as heretofore constituted shall be commenced and proceeded with as if this act had not been passed. Act Feb. 15, 1889, c. 168, § 4, 25 Stat. 671. Sec. 5. [Relates to pending causes.] Residence of jurors. Sec. 6. That all grand and petit jurors summoned for service in said northeastern division shall be residents of such division. Act Feb. 15, 1889, c. 168, 8 6, 25 Stat. 672. LAWS'01-22 338 (Sec. 535 Tit. 13—THE JUDICIARY—Ch. 1. Time of taking effect of act; repeal. Sec. 7. That this act shall be in force from and after the first day of January, eighteen hundred and ninety, and all acts and parts of acts inconsistent herewith are hereby repealed. Act Feb. 15, 1889, c. 168, 87, 25 Stat. 672. ACT FEB. 23, 1889, c. 205. An Act to Change the Date for the Commencement of the March Terms of the District Court for the Northern District of Georgia. (25 Stat. 690.) Terms of courts for northern district. Be it enacted, &c., That hereafter the regular terms of the district court for the northern district of Georgia, now held on the first Monday in March, shall commence on the second Monday in March of each year. Act Feb. 23, 1889, c. 205, 25 Stat. 690. Before this act, the times of holding terms of the district court for the northern district were fixed by Rev. St. § 572, and Act June 20, 1884, c. 106, set forth above. ACT MARCH 3, 1891, c. 566. An Act to Create a New Division in the Northern Judicial Dis- trict of Georgia. (26 Stat. I110.) Western division in northern district. Be it enacted, &c., That a new division of the northern judicial district of the State of Georgia, to be known as the western division of the northern judicial district of Georgia, be, and the same is hereby established, to be composed of the following counties, to-wit: Muscogee, Heard, Troup, Merriwether, Harris, Talbot, Taylor, Ma- rion, Chattahoochee, Stewart, Schley, Webster, Quitman, Clay, Ran- dolph, Early, Miller, and Terrell , and all of said counties which may not now belong, for judicial purposes, to the northern district of the State of Georgia, be, and the same are hereby, transferred to the said northern district Act March 3, 1891, c. 566, § 1, 26 Stat. 1110. Other counties of the northern district are constituted the northwest- ern division of the district, by Act April 12, 1900, c. 185, set forth below. Terms of courts for northern district, western division. Sec. 2. That two terms of the circuit and district courts of the United States for said northern district shall be held annually in said new division at the city of Columbus, in the county of Muscogee, [Part of section omitted superseded. Act Aug. 27, 1894, c. 341.] Act March 3, 1891, c. 566, § 2, 26 Stat. 1110. The provisions of this section fixing the times for terms of the courts at Columbus, to continue two weeks, are superseded by Act Aug. 27, 1894, c. 341, set forth below. Process. Sec. 3. That all process, civil and criminal, issued against citi- 3 Sec. 535) 339 Tit. 13—THE JUDICIARY—Ch. 1. zens residing in said counties, shall be made returnable to the said courts, respectively, at the said city of Columbus, and not otherwise. Act March 3, 1891, c. 566, § 3, 26 Stat. 1110. Deputy clerks; court rooms. Sec. 4. That the clerk of the district and the clerk of the circuit court shall appoint a deputy clerk for the courts for said division, and the marshal of said northern district shall provide suitable rooms for the occupancy of said courts and the officers thereof. Act March 3, 1891, c. 566, § 4, 26 Stat. 1110. Sec. 5. [Relates to pending causes.] Repeal. Sec. 6. That all laws in conflict with this act are hereby repealed. Act March 3, 1891, c. 566, § 6, 26 Stat. 1110. ACT AUG. 27, 1894, c. 341. An Act to Amend an Act Entitled "An Act to Create a New Divi- sion of the Northern Judicial District of Georgia,” Approved March third, Eighteen hundred and ninety-one. (28 Stat. 504.) Terms of courts for northern district, western division. Be it enacted, &c., That the terms of the circuit and district courts for the western division of the northern judicial district of Georgia, held at Columbus, shall convene on the first Monday in May and the first Monday in December, instead of the first Monday in June and the first Monday in January, as now provided by law. And each of said terms shall continue as long as the presiding judge may deem necessary. Act Aug. 27, 1894, c. 341, § 1, 28 Stat. 504. Repeal. Sec. 2. That all laws and parts of laws conflicting with this Act are hereby repealed, Act Aug. 27, 1894, c. 341, § 2, 28 Stat. 504. ACT APRIL 12, 1900, c. 185. An Act To Create the Northwestern Division of the Northern District of Georgia for Judicial Purposes and to Fix the Time and Place for Holding Court therein. (31 Stat. 73.) Northwestern division in northern district; court rooms. Be it enacted, etc., That the counties of Dade, Walker, Catoosa, Whitfield, Murray, Chattooga, Gordon, Floyd, Bartow, Polk, Pauld- ing, Haralson, and Carroll, in the State of Georgia, shall constitute the northwestern division of the northern judicial district of Georgia, and a term of the circuit and district courts for said district shall be held in said division hereby created at the city of Rome on the third Monday of May and the third Monday of November of each year: Provided, however, That suitable rooms and accommodations are 340 (Sec. 535 Tit. 13—THE JUDICIARY—Ch. 1. furnished for the holding of said courts free of expense to the Gov- ernment of the United States. Act April 12, 1900, c. 185, § 1, 31 Stat. 73. Other counties of the northern district are constituted the eastern division of the district by Act Feb. 28, 1901, c. 621, set forth below. Place of bringing suit; process. Sec. 2. That all civil suits which shall hereafter be brought against a defendant or defendants who reside in said northwestern division of said district shall be brought in said northwestern division; but if there are two or more defendants residing in different divisions of said district, such suit may be brought in either division of said dis- trict in which any defendant or defendants reside, and all mesne and final process subject to the provisions of this Act issued in either of the divisions of the northern district of Georgia may be served and executed in either or all of the divisions. Act April 12, 1900, c. 185, § 2, 31 Stat. 74. Place of prosecution of offenses. Sec. 3. That all crimes and offenses against the laws of the United States committed within the counties comprising the northwestern division of said district shall be prosecuted, tried, and determined at the terms of the circuit and district courts herein provided for: * * [Part of section omitted relates to pending prosecutions.] Act April 12, 1900, c. 185, $ 3, 31 Stat. 74. Deputy clerks. Sec. 4. That the clerks of the circuit and district courts for said northern district shall each appoint a deputy, who shall reside and maintain an office at the city of Rome, each of whom, in the absence of the clerks, shall exercise all the powers and perform all the duties of his principal within the division for which he shall be appointed : Provided, That the appointment of such deputies shall be approved by the court for which they shall be respectively appointed, and they may be removed by such court at pleasure. Act April 12, 1900, c. 185, $ 4, 31 Stat. 74. Residence of jurors. Sec. 5. That all the grand jurors and all jurors for the trial of civil and criminal causes in the division hereby created shall be selected from citizens residing in the division created by this Act. Act April 12, 1900, c. 185, § 5, 31 Stat. 74. Time of taking effect of act; repeal. Sec. 6. That this Act shall take effect from and after the thirtieth day of June, anno Domini nineteen hundred, and all Acts and parts of Acts so far as inconsistent herewith are hereby repealed. Act April 12, 1900, c. 185, § 6, 31 Stat. 74. ACT FEB. 28, 1901, c. 621. An Act to Create the Eastern Division of the Northern Federal Sec. 535) 341 Tit. 13—THE JUDICIARY - Ch. 1. Judicial District of Georgia, and for Other Purposes. (31 Stat. 818.) Eastern division in northern district. Be it enacted, etc., That the eastern division of the northern judi- cial district of Georgia is hereby created and established, to be com- posed of the counties of Banks, Clarke, Franklin, Greene, Haber- sham, Hart, Jackson, Morgan, Madison, Oglethorpe, Oconee, Wal- ton, Rabun, White, and Elbert. Act Feb. 28, 1901, c. 621, § 1, 31 Stat. 818. Terms of courts for northern district, eastern division; deputy clerk; court rooms. Sec. 2. That there shall be held at the city of Athens, in said east- ern division of the said northern judicial district of Georgia, two terms of the district and circuit courts in each and every year, on the third Monday in April and the first Monday in November, and it shall be the duty of the clerk or his deputy and other officers of the northern judicial district aforesaid to attend said terms of said court and perform all the duties appertaining to their position, and no ad- ditional district attorney, clerk, or marshal shall be appointed in said district. If in the opinion of the court it shall become necessary, a deputy clerk may be appointed by the court to attend to the duties of that office in the eastern division. All pleadings and other papers may be filed in the clerk's office at Atlanta, and all process may is- sue therefrom, except while court is in session at Athens. The compensation of the clerks shall not be changed or affected by the failure to appoint a deputy clerk at Athens: Provided, That suitable rooms and accommodations are furnished for the holding of said courts free of expense to the Government of the United States. Act Feb. 28, 1901, c. 621, § 2, 31 Stat. 818. Place of bringing suit; removal of causes from State courts. Sec. 3. That all actions at law and all suits in equity against a defendant who shall be a resident of said eastern division shall be brought therein. Suits for the recovery of lands shall be brought in the division of the district where the land is situated; but in all cases at law or in equity against more than one defendant, in which some of the defendants shall reside in the western and some in the eastern division, such action at law may be brought in either division, and such suit in equity may be brought in either division in which a defendant may reside against whom substantial relief is prayed. Cases removed from any of the courts of the State of Georgia to the circuit court of the United States for the northern district shall be removed to the circuit court in and for the division in which said court is held from which it was removed. Act Feb. 28, 1901, c. 621, § 3, 31 Stat. 818. Place of prosecution of offenses. Sec. 4. That all prosecutions for crime or offense committed after the date at which this Act takes effect, in any of the counties compos- 342 (Sec. 535 Tit. 13—THE JUDICIARY-Ch. 1. * ing the said eastern division, shall be cognizable within such division, [Part of section omitted relates to pending prosecutions.] Act Feb. 28, 1901, c. 621, § 4, 31 Stat. 818. Residence of jurors; application of existing laws. Sec. 5. That all grand and petit jurors summoned for service in said eastern division shall be residents thereof and shall be selected from such counties as the court may direct, and all laws heretofore applicable to the northern district of Georgia regulating writs, ac- tions, suits, and other proceedings therein shall be applicable to the eastern division of said district hereby created so far as the same may relate to any right, action, suit, or other proceeding of which the courts of said eastern division shall have jurisdiction. Act Feb. 28, 1901, c. 621, § 5, 31 Stat. 819. Time of taking effect of act; repeal. Sec. 6. That this Act shall be of force from and after the thirtieth day of June, nineteen hundred and one, and all Acts and parts of Acts inconsistent therewith are hereby repealed. Act Feb. 28, 1901, c. 621, $ 6, 31 Stat. 819. [IDAHO.] ACT JULY 5, 1892, c. 145. [As amended 1893, 1898.] An Act to Provide the Times and Places for Holding Terms of the United States Courts in the States of Idaho and Wyoming. (27 Stat. 72.) Idaho; one district. Be it enacted, &c., That the State of Idaho shall constitute one ju- dicial district. Act July 5, 1892, c. 145, § 1, 27 Stat. 72. Act Nov. 3, 1893, c. 9, 28 Stat. 5. Act June 1, 1898, c. 369, $ 2, 30 Stat. 423. The act admitting the State of Idaho into the Union constituted the state one judicial district, and provided for holding circuit and district courts therein, and for the appointment of a district judge and other officers, fixed the terms of the courts, and defined the jurisdiction and powers of the courts and of the judges thereof, and the powers, duties, and fees and compensation of officers; Act July 3, 1890, c. 656, § 16, 26 Stat. 217. These provisions were, to a great extent, superseded by this act. Terms of circuit court; juries. Sec. 2. That the circuit court of the United States in and for the State of Idaho shall be held at the times and places provided by law for the holding of the United States district court in and for said dis- trict, and one grand and one petit jury only shall be summoned to serve in both said courts when held at the same place. Act July 5, 1892, c. 145, § 2, 27 Stat. 72. Divisions in district. Sec. 3. That for the purpose of holding terms of the district court 3 said district is divided into three divisions, to be known as the north- ern, the central, and the southern divisions. The territory compos- Sec. 535) Tit. 13—THE JUDICIARY — Ch. 1. 343 ing the counties of Idaho, Kootenai, Latah, Nez Perce, and Sho- shone, including any and all Indian reservations within such territory, constitute the northern division, the court for which must be held at the town of Moscow. The territory composing the counties of Ada, Boise, Blaine, Cassia, Canyon, Elmore, Lincoln, Owyhee, and Wash- ington, including any and all Indian reservations within said territo- ry, constitute the central division, the court for which must be held at Boise City. The territory composing the counties of Bingham, Bannock, Bear Lake, Custer, Fremont, Lemhi, and Oneida, includ- ing any and all Indian reservations within such territory, constitute the southern division, the court for which must be held at the town of Pocatello. That any new county created out of any of such ter- ritory shall remain a part of the division out of which it, or the larger portion thereof shall be created, but if a portion of a county of one division shall be attached to a county of another division, it shall be- come a part of the latter division. Act July 5, 1892, c. 145, § 3, 27 Stat. 72. Act June 1, 1898, c. 369, § 1, 30 Stat. 423. This section as originally enacted divided the district into three divi- sions, and fixed the places for holding court in each. It is amended by Act June 1, 1898, c. 369, § 1, cited above, to read as set forth here, altering the divisions, changing the place for holding court in the south- ern division, and adding the provision relating to new counties. Place of bringing suit, and of trial of issues of fact. Sec. 4. That all civil suits not of a local character, which shall be 4 brought in the district or circuit courts of the United States for the district of Idaho, in either of the said divisions, against a single de- fendant, or where all the defendants seside in the same division of said district, shall be brought in the division in which the defendant or defendants reside, or if there are two or more defendants residing in different divisions, such suit may be brought in either division, and all mesne and final process subject to the provisions of this act, issued in either of said divisions, may be served and executed in either or all of said divisions. All issues of fact in civil causes triable in any of the said courts shall be tried in the division where the defendant or one of the defendants resides, unless by consent of both parties the case shall be removed to some other division. Act July 5, 1892, c. 145, $ 4, 27 Stat. 73. Deputy clerks. Sec. 5. That the clerk of the circuit and district courts for said dis- trict shall each appoint a deputy clerk at the place where their re- spective courts are required to be held in the division of the district in which such clerk shall not himself reside, each of whom shall, in the absence of the clerk, exercise all the powers and perform all the duties of clerk within the division for which he shall be appointed: Provided, That the appointment of such deputies shall be approved by the court for which they shall have been respectively appointed, and may be annulled by such court at its pleasure; and the clerks shall be responsible for the official acts and negligence of all such deputies. Act July 5, 1892, c. 145, § 5, 27 Stat. 73. 344 (Secs. 535-536 Tit. 13—THE JUDICIARY —Ch. 1. Terms of district court. Sec. 6. That the terms of the district court for the district of the State of Idaho shall be held at the town of Moscow, beginning on the second Monday of May and the fourth Monday of October in each year; at Boise City, beginning on the second Monday of March and the second Monday of September in each year; and at the town or Pocatello, beginning on the second Monday of April and the first Monday of October in each year; and the provision of statute now existing for the holding of said courts on any day contrary to the provisions of this Act is hereby repealed; and all suits, prosecutions, process, recognizances, bail bonds, and other things pending in or re- turnable to said court are hereby transferred to, and shall be made returnable to, and have force in, the said respective terms in this Act provided, in the same manner and with the same effect as they would have had had said existing statute not been passeá. Act July 5, 1892, c. 145, § 6, 27 Stat. 73. Act Nov. 3, 1893, c. 9, 28 Stat. 5. Act June 1, 1898, c. 369, $ 2, 30 Stat. 423. This section as originally enacted fixed the times for terms of the dis- trict court. They are changed by amendment by Act Nov. 3, 1893, c. 9, and again by Act June 1, 1898, c. 369, § 2, as set forth here. The repealing clause is repeated from the original section, in which the mention of the "statute now existing" referred to the provisions of Act July 3, 1890, c. 656. See note under section 1 of this act. Sec. 7. [Relates to pending causes.] Sec. 8. [Relates to terms of courts for district of Wyoming.] [ILLINOIS.) Sec. 536. Illinois. The State of Illinois is divided into two districts, which shall be called the northern and southern districts of Illinois. The northern district includes the counties of Henderson, Warren, Knox, Peoria, Woodford, Livingston, and Iroquois, as they existed February 13, 1855, with all the counties north of them. The southern district in- cludes the residue of said State. Act Feb. 13, 1855, c. 96, § 1, 10 Stat. 606. Act July 11, 1862, C. 145, § 1, 12 Stat. 536. The division into districts by this section is altered, and the northern district is enlarged and divided into a northern division and a southern division, and terms of the courts therein and additional officers therefor are provided for by Act March 2, 1887, c. 315, set forth below. And additional terms of the courts for the southern district at different places therein, and additional officers at those places, are provided for by Act Aug. 8, 1888, c. 788, and Act July 2, 1890, c. 651, set forth below. ACT MARCH 2, 1887, c. 315. An Act to Amend Section Five hundred and thirty-six of the Re- vised Statutes of the United States, Relating to the Division of the State of Illinois into Judicial Districts, and to Provide for Sec. 536) 345 Tit. 13—THE JUDICIARY —Ch. 1. Holding Terms of Court of the Northern District at the City of Peoria. (24 Stat. 442.) Counties transferred to northern district. Be it enacted, &c., That the counties of McDonough, Fulton, and Tazewell be detached from the southern district of Illinois and be included in the northern district of Illinois. Act March 2, 1887, c. 315, § 1, 24 Stat. 442. Divisions in northern district. Sec. 2. That the northern district of Illinois shall be divided into two divisions, to be known as the northern and southern divisions. The counties of Peoria, Stark, Henry, Rock Island, Mercer, Hender- son, Warren, Knox, McDonough, Fulton, Putnam, Marshall , Wood- ford, Tazewell, Livingston, and Iroquois shall constitute the southern division of said northern district of Illinois, the courts for which shall be held at the city of Peoria. Act March 2, 1887, c. 315, § 2, 24 Stat. 442. Terms of courts for northern district. Sec. 3. That the terms of the circuit and district courts in and for said northern district of Illinois shall be held at the city of Chicago, as now provided by law, and at the city of Peoria, in the southern di- vision of said district, on the third Mondays of April and October of each year. Act March 2, 1887, c. 315, § 3, 24 Stat. 442. Before this act regular terms of the circuit court and district court at Chicago and at Springfield, referred to in this section, were appointed for the district court, by Rev. St. § 572; for the circuit court, by Rev. St. 8 658. Place of bringing suit. Sec. 4. That all civil suits not of a local nature, and criminal prose- cutions, must be brought in the division of the said northern district of Illinois where the defendant or defendants reside or the offence is committed; but if there are two or more defendants in civil suits residing in the different divisions or districts, the action may be brought in either in which either of the defendants may reside. When the defendant is a non-resident of the district, action may be brought in either division of said district wherein the defendant may be found. Act March 2, 1887, c. 315, $4, 24 Stat. 442. Clerks for northern district, and deputy clerks. Sec. 5. That the clerks of the circuit and district courts of the northern district of Illinois shall be respectively the clerks of the courts of both divisions of the said district; that each of said clerks, or his deputies, shall keep an office open at all times at each of the places of holding said court, and shall there keep the records, files, and documents pertaining to the court of that division; and said clerk shall be entitled to the same fees now allowed him by law. In addition to his powers to appoint deputies, as now prescribed by law, each of said clerks shall be required to appoint a chief deputy for the 346 (Sec. 536 Tit. 13—THE JUDICIARY --Ch. 1. court of that division in which he himself may not reside, who shall have all the powers of the clerk in his absence. Act March 2, 1887, c. 315, § 5, 24 Stat. 442. The appointment of a clerk of the district court for the northern dis- trict, at an annual salary of $3,000, is authorized by a provision of Act July 31, 1894, c. 174, § 1, post, following Rev. St. § 556. Deputy marshal and deputy clerk for northern district, southern divi- sion. Sec. 6. That the marshal and clerk for said northern district of Il- linois shall respectively appoint at least one deputy residing in the said southern division, unless he shall reside there himself, and also maintain an office at that place of holding court. Act March 2, 1887, c. 315, § 6, 24 Stat. 443. Secs. 7-9. [Relate to pending causes.] Additional special terms of courts for northern district, southern divi- sion, Sec. 10. That the judge of the United States circuit or district court for said northern district of Illinois may, by order, from time to time, appoint and hold additional special terms of said court in said southern division of said district, for the disposal of the unfinish- ed business thereof, whenever the interest of the public and condi- tion of the docket shall so require. Act March 2, 1887, c. 315, $ 10, 24 Stat. 443. Sec. II. [Relates to past offenses.] ACT AUG. 8, 1888, c. 788. An Act to Provide for a Term of Court at Quincy, Illinois. (25 Stat. 387.) Additional terms of courts for southern district. Be it enacted, &c., That hereafter, and until otherwise provided by law, there shall be held annually, on the first Monday in September, a term of the circuit and district courts of the United States for the southern district of Illinois, at the city of Quincy, in said district; said term to be in addition to the terms now required by law to be held at the cities of Springfield and Cairo, in said district. Act Aug. 8, 1888, c. 788, § 1, 25 Stat. 387. Before this act, regular terms of the circuit court and the district courts at Springfield and Cairo were appointed for the district court, by Rev. St. $ 572; for the circuit court, by Rev. St. 8 658. Similar provisions for additional terms of the courts at Danville are contained in Act July 2, 1890, c. 651, set forth below. Deputy marshal and deputy clerk for southern district. Sec. 2. That the marshal and clerk of said district shall each, re- spectively, appoint at least one deputy to reside in said city of Quincy, unless he shall reside there himself, and also maintain an office at that place of holding ce Act Aug. 8, 1888, c. 788, § 2, 25 Stat. 387. Additional special terms of courts for southern district. Sec. 3. That the judge of the United States circuit or district court t. Sec. 536) 347 Tit. 13—THE JUDICIARY—Ch. 1. for said district, may, by order, from time to time, appoint and hold additional special terms of said court in said district, for the disposal of the unfinished business thereof, whenever the interest of the pub- lic and the condition of the docket shall so require. Act Aug. 8, 1888, c. 788, 83, 25 Stat. 388. ACT JULY 2, 1890, c. 651. An Act to Provide for a Term of Court at Danville, Illinois. (26 Stat. 212.) Additional terms of courts for southern district. Be it enacted, &c., That hereafter, and until otherwise provided by law, there shall be held annually, on the first Monday of May, a term of the circuit and district courts of the United States for the Southern district of Illinois, at the city of Danville, in said dis- trict, said term to be in addition to the terms now required by law to be held in the cities of Springfield, Cairo, and Quincy, in said dis- trict. Act July 2, 1890, c. 651, § 1, 26 Stat. 212. Before this act, regular terms of the circuit court and district courts at Springfield and Cairo were appointed by Rev. St. $8 572, 658, and at Quincy by Act Aug. 8, 1888, c. 788, set forth above. Deputy marshal and deputy clerk for southern district. Sec. 2. That the marshal and clerk of said district shall each, re- spectively, appoint at least one deputy to reside in said city of Dan- ville, unless he shall reside there himself, and also maintain an office at that place of holding court. Act July 2, 1890, c. 651, § 2, 26 Stat. 212. [INDIANA.] Additional special terms of courts for southern district. Sec. 3. That the judges of the United States circuit or district court for said district may, by order, from time to time, appoint and hold additional special terms of said court in said district for the disposal of the unfinished business thereof, whenever the interests of the public and the condition of the docket shall so require. Act July 2, 1890, c. 651, § 3, 26 Stat. 212. ACT JUNE 23, 1874, c. 463. An Act to Change the Times of Holding the Circuit and District Courts at the City of Evansville. (18 Stat. 251.) Indiana; times for terms of courts. Be it enacted, &c., That the terms of the circuit and district courts of the United States for the district of Indiana, which are provided by law to be holden at the city of Evansville, shall hereafter be held at that city on the first Mondays of April and October in each year. Act June 23, 1874, c. 463, § 1, 18 Stat. 251. Before this act, regular terms of the circuit court and the district court at Indianapolis, New Albany, and at Evansville, referred to in this act, were appointed, for the district court, by Rev. St. § 572; for 348 (Sec. 536 Tit. 13—THE JUDICIARY--Ch. 1. the circuit court, by Rev. St. $ 658. Additional terms at Ft. Wayne and Hammond, and deputy clerks and deputy marshals at those places, are provided for by Act March 3, 1881, c. 154, and Act Feb. 14, 1899, c. 155, set forth below. Sec. 2. [Relates to pending causes.] ACT MARCH 3, 1881, c. 154. An Act Amendatory of and Supplementary to "An Act to Pro- vide for the Holding of Terms of the District and Circuit Courts of the United States at Fort Wayne, Indiana,” Approved June Eighteenth, Eighteen hundred and seventy-eight. (21 Stat. 511.) Additional terms of courts. Be it enacted, &c., That there shall be two terms each of the United States district and circuit courts for the district of Indiana, held in the city of Fort Wayne, Indiana, said terms to begin on the second Tuesday in June and December. Act March 3, 1881. c. 154, § 1, 21 Stat. 511. Act June 18, 1878, c. 269, 20 Stat. 166, referred to in the title of this act, provided in section 1 for terms of the district and circuit courts at Ft. Wayne in each year, “the time and length of the terms to be fixed by the judges of said court respectively''; and in section 2 for the per- formance by the clerk of the district court, the marshal, and the district attorney of their duties for said courts, and for the appointment of a deputy clerk and deputy marshal. This act is a complete substitute for these two sections. Section 3, the only further provision of that act, required the courts to be held in a building to be provided without expense to the United States. This is superseded by Act Aug. 8, 1882, c. 464, 22 Stat. 369, authorizing a public building for court purposes in Ft. Wayne. Before said Act of June 18, 1878, regular terms of the courts at In- dianapolis, New Albany, and Evansville were appointed by Rev. St. $$ 572, 658, and Act June 22, 1874, c. 463, set forth above. Similar provisions for additional terms at Hammond are contained in Act Feb. 14, 1899, c. 155, set forth below. Clerk, marshal, and district attorney, and deputy clerk and deputy marshal. Sec. 2. The clerk of the district and circuit courts for the district of Indiana, and marshal and district attorney for said district, shall perform the duties appertaining to their offices respectively for said courts, and said clerk and marshal shall appoint deputies, who shall reside and keep their offices at Fort Wayne, Indiana. Said depu- ties shall keep in their offices such records as appertain to their offices, and said deputy clerk shall keep in his office full records of all actions, proceedings, and judgments in said courts. Act March 3, 1881, c. 154, § 2, 21 Stat. 511. ACT FEB. 14, 1899, c. 155. An Act to Provide for the Holding of Terms of the District and Circuit Courts at Hammond, Indiana. (30 Stat. 836.) Additional terms of courts. Be it enacted &c., That there shall be two terms each of the United States district and circuit courts for the district of Indiana held in Secs. 536–537) 349 Tit. 13—THE JUDICIARY-Ch. 1. the city of Hammond, Indiana, in each year from and after the pas- sage of this Act; said terms to begin on the third Tuesday in April and October and continue as long as the business may require. Act Feb. 14, 1899, c. 155, § 1, 30 Stat. 836. Clerk, marshal, and district attorney, and deputy clerk and deputy marshal. Sec. 2. That the clerk of the district and circuit courts for the district of Indiana, and the marshal and district attorney for said, district, shall perform the duties appertaining to their offices, re- spectively, for said courts, and said clerk and marshal shall appoint deputies, who shall reside and keep their offices at Hammond, Indi- ana. Said deputies shall keep in their offices such records as apper- . tain to their offices, and said deputy clerk shall keep in his office full records of all actions, proceedings, and judgments in said courts. Act Feb. 14, 1899, c. 155, $ 2, 30 Stat. 836. Court house. Sec. 3. That each of said courts shall be held in a building to be provided for that purpose by the county or city authorities without expense to the United States. Act Feb. 14, 1899, c. 155, § 3, 30 Stat. 836. [IOWA.] Sec. 537. [Superseded. Act July 20, 1882, c. 312.] This section divided the state of Iowa, which was constituted one judicial district by Rev. St. § 531, into four divisions, for the purpose of trying all issues of fact triable by jury in the district court; and a deputy clerk was to be appointed in each division, under Rev. St. § 560. Regular terms of the district court, at Dubuque, Keokuk, Des Moines, and Council Bluffs, were appointed by Rev. St. § 572; and of the circuit court, at Des Moines, by Rev. St. 8 658. The times of holding the district courts at Keokuk and Council Bluffs were changed by Act Feb. 9, 1874, c. 24, 18 Stat. 15; and by Act June 4, 1880, c. 120, 21 Stat. 155, the circuit court was directed to be held at the times and places for holding the district court, and the clerk of the district court was to be the clerk of the circuit court at all those places except at Des Moines. The provisions of Rev. St. § 537, and of the subsequent statutes referred to above, relating to the district and the divisions thereof, and to the terms of the courts therein, are superseded by the dif- ferent provisions relating to the same subjects contained in Act July 20, 1882, c. 312, set forth below. ACT JULY 20, 1882, c. 312. An Act to Divide the State of Iowa into two Judicial Districts. (22 Stat. 172.) Iowa; districts. Be it enacted, &c., That the State of Iowa be, and the same is hereby, divided into two judicial districts, in manner following, to- wit: The Counties of Clinton, Jones, Linn, Benton, Black Hawk, Grundy, Hardin, Hamilton, Webster, Calhoun, Sac, Ida, Monona, 350 (Sec. 537 Tit. 13—THE JUDICIARY—Ch. 1. and all the counties north of those named shall constitute a new district, to be known as the northern district of Iowa. The remain- ing counties of the State shall constitute the southern district of Iowa; and the present district court of Iowa, from and after the passage of this act, shall be known as the district court for the south- ern district of Iowa. Act July 20, 1882, c. 312, § 1, 22 Stat. 172. This act supersedes the provisions of Rev. St. $ 537, and all other previous provisions relating to the judicial district of Iowa, and divisions thereof, and terms of the courts therein. By amendment of this act, certain counties included by it in the southern district are transferred to the northern district, and, with others, are constituted the Cedar Rapids division of the northern dis- trict, and terms of the courts are appointed in that division by Act Feb. 24, 1891, c. 282, 26 Stat. 767, set forth below. And certain other counties in the southern district are constituted the southern division of that district, and terms of the courts in that division are appointed by Act June 1, 1900, c. 601, set forth below. District judges. Sec. 2. That the present judge of the district of Iowa is hereby declared to be the district judge for the southern district of Iowa; and the President of the United States be, and is hereby, authorized and directed, by and with the advice and consent of the Senate, to appoint a district judge for the northern district of Iowa. Act July 20, 1882, c. 312, § 2, 22 Stat. 172. District attorneys and marshals. Sec. 3. That the district attorney and United States marshal for the district of Iowa shall be the district attorney and marshal of the southern district of Iowa, and the President of the United States, by and with the advice and consent of the Senate, is authorized and directed to appoint one person as marshal and one as district attor- ney for the northern district of Iowa. Act July 20, 1882, c. 312, § 3, 22 Stat. 172. Clerks. Sec. 4. That there shall be appointed by the judge of the northern district of Iowa, with the approval of the circuit judge of the eighth judicial circuit, a clerk for the district and circuit courts in and for said northern district of Iowa. The persons now acting as clerks for the district of Iowa shall be the clerks for the southern district of Iowa Act July 20, 1882, c. 312, § 4, 22 Stat. 172. Divisions in northern district. Sec. 5. That for the purpose of holding terms of court the north- ern district shall be divided into three divisions, to be known as the eastern, central, and western divisions. The counties of Clinton, Jackson, Jones, Linn, Benton, Black Hawk, Buchanan, Delaware, Dubuque, Clayton, Fayette, Bremer, Floyd, Chickasaw, Mitchell, Howard, Winneshiek, and Allamakee shall constitute the eastern divi- sion, the courts for which shall be held at the city of Dubuque. The counties of Grundy, Hardin, Hamilton, Webster, Calhoun, Poca- hontas, Palo Alto, Emmett, Kossuth, Humboldt, Wright, Hancock, Sec. 537) 351 Tit. 13—THE JUDICIARY —Ch. 1. * * [Part Winnebago, Worth, Cerro Gordo, Franklin, and Butler shall con- stitute the central division, the courts for which shall be held at Fort Dodge. The Counties of Monona, Woodbury, Plymouth, Sioux, Lyon, Osceola, O'Brien, Cherokee, Ida, Sac, Buena Vista, Clay, and Dickinson shall constitute the Western division, the courts for which shall be held at Sioux City. Act July 20, 1882, c. 312, § 5, 22 Stat. 172. Divisions in southern district. Sec. 6. That for the purpose of holding terms of Court the South- ern district of Iowa shall be divided into three divisions to be known as the eastern, central, and western divisions. The counties of Scott, Cedar, Muscatine, Washington, Louisa, Keokuk, Appanoose, Davis, Wapello, Jefferson, Van Buren, Henry, Des Moines, and Lee shall constitute the eastern division, in which the courts shall be held at the city of Keokuk. The counties of Johnson, Iowa, Poweshiek, Mahaska, Jasper, Tama, Marshall, Story, Boone, Greene, Guthrie, Adair, Dallas, Polk, Madison, Warren, Marion, Clark, Lucas, De- catur, Monroe, and Wayne shall constitute the central division for which the courts shall be held at the city of Des Moines. The coun- ties of Carroll, Crawford, Harrison, Shelby, Audubon, Cass, Potta- wattamie, Mills, Montgomery, Adams, Union, Ringgold, Taylor, Page and Fremont shall constitute the western division, in which the courts shall be held at the city of Council Bluffs : of section omitted repealed. Act Sept. 29, 1890, c. 1048.] Act July 20, 1882, c. 312, § 6, 22 Stat. 172. So much of this section as required the courts provided for to be held in buildings provided without expense to the United States is re- pealed by Act Sept. 29, 1890, c. 1048, 26 Stat. 502. Terms of courts. Sec. 7. That courts under this act shall be held at Dubuque, Keo- kuk, Des Moines and Council Bluffs at such times as are now fixed by law; * [Part of section omitted superseded. Act April 19, 1888, c. 127.] Act July 20, 1882, c. 312, § 7, 22 Stat. 172. The times for holding terms of the courts fixed by this section were changed in the northern district by Act April 19, 1888, c. 127, 25 Stat. 87, and again by Act Jan. 22, 1892, c. 1, 27 Stat. 1. But all these provisions relating to both districts are superseded by Act Jan. 4 1896, c. 3, set forth below. Circuit court held by district judges. Sec. 8. That the circuit judge of the eighth judicial circuit may, by order, direct the judges of the said northern and southern dis- tricts of Iowa to sit together in holding the circuit court in either of said districts; and when so sitting the judge oldest in commis- sion shall preside, and in case of disagreement between them his opinion shall prevail for the time being : Provided, however, That a certificate of division may be signed by them with like effect as in cases provided by law for certificates of division between a circuit and district judge. Act July 20, 1882, c. 312, § 8, 22 Stat. 173. 352 (Sec. 537 Tit. 13—THE JUDICIARY — Ch. 1. Place of bringing suit; removal of causes from State courts. Sec. 9. That all civil suits not of a local nature must be brought in the division of the northern or southern district where the defend- ant or defendants reside; but if there are two or more defendants, residing in different divisions, the action may be brought in either of the divisions in which a defendant resides. When the defendant is a non-resident of either district, action may be brought in any divi- sion of either district wherein the defendant may be found. Causes removed from any of the courts of the State of Iowa to the circuit court of the United States shall be removed to the circuit court in the division in which said State court is held. Act July 20, 1882, c. 312, § 9, 22 Stat. 173. Place of prosecution of offenses. Sec. Io. * * [Part of section omitted relates to pending caus- es.] That all prosecutions for crimes or offenses hereafter committed in either of said districts shall be cognizable within such district; [Part of section omitted relates to past offenses.] Act July 20, 1882, c. 312, § 10, 22 Stat. 173. Sec. 11. [Superseded. Act March 3, 1891, C. 517, § 4.] The provisions of this section related to appeals and writs of error from the district court to the circuit court. They are superseded by the general provisions abolishing appeals and writs of error from district courts to circuit courts contained in Act March 3, 1891, c. 517, S4, post, under chapter 8 A of this Title. * ACT FEB. 24, 1891, c. 282. An Act Amending the Act of July twentieth, Anno Domini Eight- een hundred and eighty-two, Dividing the State of Iowa into two Judicial Districts. (26 Stat. 767.) Additional divisions in northern district. Be it enacted, &c., That the act of Congress to divide the State of Iowa into two judicial districts, approved July twentieth, eighteen , hundred and eighty-two, be, and the same is hereby, amended as follows: That the counties of Cedar, Johnston, Iowa, and Tama be, and hereby are, transferred to the northern district and made a part thereof; and that said counties and the counties of Grundy, Hardin, Benton, Linn, Jones, and Clinton shall constitute a new division in said northern district, to be called the Cedar Rapids division of the northern district, the terms of court for which shall be held at the city of Cedar Rapids. All the provisions of said act approved July twentieth, eighteen hundred and eighty-two, shall be applicable to the division created by this act. Act Feb. 24, 1891, c. 282, § 1, 26 Stat. 767. Act July 20, 1882, c. 312, referred to and amended by this act, is set forth above. Sec. 2. [Superseded. Act Jan. 4, 1896, c. 3.] This section fixed the times for holding court in the Cedar Rapids division of the northern district. These times are changed by Act Jan. 22, 1892, c. 1, 27 Stat. 1, and again by Act Jan. 4, 1896, c. 3, set forth below, which supersedes the previous provisions therefor. Seo. 537) 353 Tit. 13—THE JUDICIARY —Ch. 1. ACT JAN. 4, 1896, c. 3. An Act Fixing the Times for Holding the Circuit and District Courts of the Northern District of Iowa, and of the Southern District of Iowa. (29 Stat. 2.) Terms of courts for northern district. Be it enacted, &c., That hereafter terms of the Circuit and District Courts of the United States shall be held in the several divisions of the Northern district of Iowa, as follows: In the Cedar Rapids divi- sion at Cedar Rapids, on the first Tuesday in April, and the second Tuesday in September. In the Eastern division at Dubuque, on the fourth Tuesday in April, and the first Tuesday in December. In the Western division at Sioux City, on the fourth Tuesday in May, and the first Tuesday in October. In the Central division at Fort Dodge, on the second Tuesday in June, and the second Tuesday in Novem- ber. Act Jan. 4, 1896, c. 3, § 1, 29 Stat. 2. Terms of courts for southern district. Sec. 2. That hereafter terms of the Circuit and District Courts of the United States shall be held in the several divisions in the South- ern district of Iowa, as follows: In the Western division at Council Bluffs, on the second Tuesday in March, and the third Tuesday in September. In the Eastern division at Keokuk, on the second Tues- day in April, and the Third Tuesday in October. In the Central di- vision at Des Moines, on the second Tuesday in May, and the third Tuesday in November. Act Jan. 4, 1896, c. 3, § 2, 29 Stat. 2. This act supersedes previous provisions relating to the times for hold- ing terms of the courts contained in Act July 20, 1882, c. 312, § 7, 22 Stat. 172, Act April 19, 1888, c. 127, 25 Stat. 87, Act Feb. 24, 1891, c. 282, § 2, 26 Stat. 767, and Act Jan. 22, 1892, c. 1, 27 Stat. 1. A southern division in the southern district is established and terms of the courts in that division are appointed by Act June 1, 1900, c. 601, set forth below. Sec. 3. [Relates to pending causes.] ACT JUNE 1, 1900, c. 601. [As amended 1901.] An Act to Create the Southern Division of the Southern District of Iowa for Judicial Purposes, and to Fix the Time and Place for Holding Court Therein. (31 Stat. 249.) Additional division in southern district; terms of courts. Be it enacted, etc., That the counties of Lucas, Clarke, Union, Adair, Adams, Fremont, Page, Taylor, Ringgold, Decatur, Wayne, and Appanoose shall constitute the southern division of the southern judicial district of Iowa; and a term of a circuit and district court for said district shall be held in said division hereby created at Creston, in Union County, on the fourth Tuesday in March and the third Tuesday in October of each year. Act June 1, 1900, c. 601, § 1, 31 Stat. 249. Act Jan. 14, 1901, c. 13, § 1, 31 Stat. 730. Before this act, the divisions of the southern district were established by Act July 20, 1882, c. 312, set forth above. The amendment of this section by Act Jan. 14, 1901, c. 13, cited LAWS '01-23 354 (Sec. 537 Tit. 13—THE JUDICIARY—Ch. 1 above, consists in a change of the times for terms of the courts in the southern division, by striking out the words "On the third Monday of May and the fourth Monday of September of each year," and inserting in lieu thereof the words "On the fourth Tuesday in March and the third Tuesday in October of each year." Place of bringing suit; process. Sec. 2. That all civil suits which shall hereafter be brought against a defendant or defendants who reside in said southern division of said district shall be brought in said southern division; but if there are two or more defendants residing in different divisions of said district, such suit may be brought in either division of said district in which any defendant or defendants reside; and all mesne and final process subject to the provisions of this Act issued in either of the divisions of the southern district of Iowa may be served and executed in either or all of the divisions. [Part of section omitted, added by amendment by Act Jan. 14, 1901, C. 13, relates to pending causes.] Act June 1, 1900, c. 601, § 2, 31 Stat. 249. Act Jan. 14, 1901, c. 13, § 2, 31 Stat. 730. Place of prosecution of offenses. Sec. 3. That all crimes and offenses against the laws of the United States committed within the counties comprising the southern divi- sion of said district shall be prosecuted, tried, and determined at the terms of the circuit and district courts herein provided for: [Part of section omitted relates to pending prosecutions.] Act June 1, 1900, c. 601, § 3, 31 Stat. 249. Deputy clerks and deputy marshals. Sec. 4. That the clerk of the circuit and district courts for said southern district and the marshal of said district shall each appoint a deputy, who shall reside and maintain an office at Creston, in Union County: Provided, That the appointment of such deputy shall be approved by the court for which they shall be respectively appointed, and they may be removed by such court at pleasure; and the clerk and marshal shall be responsible for the official acts and neglects of all their deputies. Act June 1, 1900, c. 601, § 4, 31 Stat. 250. Residence of jurors. Sec. 5. That all the grand jurors and all jurors for the trial of civil and criminal causes in the division hereby created shall be selected from citizens residing in the division created by this Act. Act June 1, 1900, c. 601, § 5, 31 Stat. 250. * [KANSAS.] ACT MARCH 3, 1879, c. 177. An Act to Provide for the Holding of Terms of the District and Circuit Courts of the United States at Fort Scott, Kansas. Stat. 355.) Kansas; additional terms of courts. Be it enacted, &c., That there shall be one term of the United (20 Sec. 537) 355 Tit. 13—THE JUDICIARY- —Ch. 1. * * States district and circuit courts for the district of Kansas held in the city of Fort Scott in each year, [Part of section omitted superseded. Act May 3, 1892, c. 59, § 1, and Act March 2, 1895, c. 177, § 1.) But no cause, action, or proceeding shall be tried or con- sidered in the courts respectively herein provided for unless by con- sent of all the parties thereto, or order of the court for cause. Act March 3, 1879, c. 177, § 1, 20 Stat. 355. The State of Kansas is constituted one judicial district by Rev. St. § 531. Before this act, regular terms of the district court and the circuit court, at the seat of government of the State and at Leavenworth, were appointed by Rev. St. 88 572, 658. The provision of this section fixing the times for the terms of the courts at Fort Scott is superseded by subsequent provisions fixing differ- ent times, Act May 3, 1892, c. 59, § 1, and Act March 2, 1895, c. 177, § 1, set forth below. A term of the district court at Wichita in each year was subse- quently provided for by Act Jan. 6, 1883, c. 13, § 1, 22 Stat. 400, but that provision is superseded by Act June 9, 1890, c. 403, set forth below. A further provision of Act Jan. 6, 1883, c. 13, § 2, annexing part of the Indian Territory to the judicial district of Kansas, is superseded by Act March 1, 1889, c. 333, 25 Stat. 783, which established a United States court in the Indian Territory, and subsequent provisions relating to that court. Provisions similar to those of this act, for a term of the district court to be held at Salina in each year, are contained in Act Aug. 9, 1888, c. 817, set forth below. The district is divided into a first division and a second division, by Act June 9, 1890, c. 403, set forth below; and a third division is estab- lished, in which Fort Scott is included, and terms of the courts are appointed to be held at that city, by Act May 3, 1892, c. 59, also set forth below. Duties of clerk of district court, marshal, and district attorney; deputy clerk and deputy marshal. Sec. 2. That the clerk of the district court for the district of Kan- sas, the marshal and district attorney for said district, shall perform the duties pertaining to their offices respectively for said courts; and said clerk and marshal shall appoint a deputy to reside and keep their offices at Fort Scott, and who shall, in the absence of their principals, do and perform all the duties appertaining to their said offices re- spectively. Act March 3, 1879, c. 177, § 2, 20 Stat. 355. Sec. 3. [Superseded. Act March 3, 1885, c. 360.] This section required the courts to be held in a building to be provided without expense to the United States. It is superseded by the erection of a public building at Fort Scott under the appropriation therefor by Act March 3, 1885, c. 360, 23 Stat. 482. ACT AUG. 9, 1888, c. 817. An Act to Provide for the Holding of the District Court of the United States at Salina, Kansas. (25 Stat. 392.) Additional terms of district court. Be it enacted, &c., That there shall be one term of the United States district court for the district of Kansas held in the city of Sa- 356 (Sec. 537 Tit. 13—THE JUDICIARY- Ch. 1. lina in each year, the term of said court to be held on the second Monday of May from and after the passage of this act. But no cause, action, or proceeding shall be tried or considered in the court herein provided for unless by consent of all the parties thereto or or- der of the court for cause. Act Aug. 9, 1888, c. 817, § 1, 25 Stat. 392. Before this act, regular terms of the district court and the circuit court were appointed by the provisions of Rev. St. $8 572, 658, and of Act March 3, 1879, c. 177, set forth above. On the division of the district into a first and second division, by Act June 9, 1890, c. 403, set forth below, Salina is included in the second division, and terms of the courts are directed to be held there as pre- viously prescribed. Duties of clerk of district court, marshal, and district attorney; deputy clerk and deputy marshal. Sec. 2. That the clerk of the district court for the district of Kan- sas, the marshal and district attorney for said district shall perform the duties pertaining to their offices, respectively, for said courts ; and said clerk and marshal shall appoint a deputy to reside and keep their offices at Salina, and who shall, in the absence of their princi- pals, do and perform all the duties appertaining to their said offices, respectively. Act Aug. 9, 1888, c. 819, $ 2, 25 Stat. 392. ACT JUNE 9, 1890, c. 403. An Act to Fix the Time and Places for Holding Federal Courts in the District of Kansas. (26 Stat. 129.) Divisions in district; terms of courts. Be it enacted, &c., That the judicial district of Kansas is hereby divided into two divisions, which shall be known, respectively, as the first division and the second division of the district of Kansas. The second division shall include the counties of Cowley, Butler, Harvey, McPherson, Rice, Ellsworth, Barton, Rush, Ness, Lane, Scott, Wich- ita, Greeley, Hamilton, Kearney, Finney, Garfield, Hodgeman, Paw- nee, Stafford, Reno, Kingman, Pratt, Kiowa, Edwards, Ford, Gray, Haskell, Grant, Stanton, Morton, Sedgwick, Stevens, Seward, Meade, Clark, Comanche, Harper, Barber, and Sumner, and a term of the circuit and district courts for said district shall be held therein at the city of Wichita on the first Monday of March and the second Mon- day of September of each year. The remaining counties embraced in the district of Kansas shall constitute the first division thereof, and the terms of the circuit and district court for said district shall be held therein at the time and places now prescribed by law. Act June 9, 1890, c. 403, § 1, 26 Stat. 129. The time of holding the spring terms of the courts in the second di- vision at Wichita is changed to the second Monday in March, by a provision of Act March 2, 1895, c. 177, § 1, set forth below. A third division of the district is established and terms of the courts are appointed therein by Act May 3, 1892, c. 59, set forth below. Place of bringing suit. Sec. 2. That all civil suits not of a local character which shall be hereafter brought in either of said divisions against a single de- Sec. 537) 357 Tit. 13-THE JUDICIARY-Ch. 1. fendant, or where all the defendants reside in the same division of said district, shall be brought in the division in which the defendant or defendants reside, but if there are two or more defendants resid- ing in different divisions such suit may be brought in either divi- sion, and all mesne and final process subject to the provisions of this act, issued in either of said divisions, may be served and executed in either or both of the divisions. Act June 9, 1890, c. 403, § 2, 26 Stat. 129. Deputy clerks. Sec. 3. That the clerks of the circuit and district courts for said district shall each appoint a deputy clerk at the city of Wichita, each of whom shall, in the absence of the clerk, exercise all the powers and perform all the duties of clerk within the division for which he shall be appointed: Provided, That the appointment of such deputies shall be approved by the court for which they shall be respectively appointed, and they may be removed by such court at pleasure; and the clerk shall be responsible for the official acts and neglects of all such deputies. Act June 9, 1890, c. 403, § 3, 26 Stat. 129. Sec. 4. [Relates to pending causes.] ACT MAY 3, 1892, c. 59. An Act to Create a Third Division of the District of Kansas for Judicial Purposes, and to Fix the Time for Holding Court There- in. (27 Stat. 24.), Additional division in district; terms of courts. Be it enacted, &c., That the counties of Miami, Linn, Bourbon, Crawford, Cherokee, Labette, Neosho, Allen, Anderson, Coffey, Woodson, Wilson, Montgomery, Chautauqua, Elk and Greenwood in the State of Kansas, shall constitute the third division of the judi- cial district of Kansas, and a term of the circuit and district courts for said district shall be held therein at the city of Fort Scott, on the first Monday of May and the first Monday of November of each year. The remaining counties heretofore embraced in the first divi- sion of the judicial district of Kansas shall constitute the first divi- sion thereof. Act May 3, 1892, c. 59, § 1, 27 Stat. 24. The time of holding the fall terms of the courts in the third division at Fort Scott is changed to the second Monday of November, by a provision of Act March 2, 1895, c. 177, § 1, set forth below. Place of bringing suit; process. Sec. 2. That all civil suits which shall hereafter be brought against a defendant or defendants who reside in said third division of said district shall be brought in said third division, but if there are two or more defendants residing in different divisions of said district, such suit may be brought in either division of said district in which any defendant or defendants reside, and all mesne and final process subject to the provisions of this act, issued in either of the divisions 358 (Sec. 537 Tit. 13—THE JUDICIARY—Ch. 1. of the judicial district of Kansas, may be served and executed in either or all of the divisions. Act May 3, 1892, c. 59, § 2, 27 Stat. 24. Place of prosecution of offenses. Sec. 3. That all crimes and offenses against the laws of the United 3 States hereafter committed within the counties comprising the third division of said district, * [Part of section omitted superseded. Act March 1, 1889, c. 333, and Act March 1, 1895, c. 145,] shall be prosecuted, tried, and determined at the terms of the district court hereinbefore provided for: * * [Part of section omitted relates to past offenses.] Act May 3, 1892, c. 59, § 3, 27 Stat. 24. This section provided that offenses within the Quapaw Agency in the Indian Territory, of which the courts in Kansas had theretofore had jurisdiction, should be prosecuted at the terms of the district court provided for by this act. This provision is superseded by subse- quent acts establishing and relating to the United States court in the Indian Territory, Act March 1, 1889, c. 333, 25 Stat. 783, and Act March 1, 1895, c. 145, 28 Stat. 693. All the country occupied by the Indian tribes in the Quapaw Indian Agency is included in the northern judicial district of the Indian Territory established by section 1 of the latter act, mentioned above; and by section 9 thereof, ex- clusive jurisdiction is given to the United States court in the Terri- tory of all offenses committed therein against the laws of the United States. Deputy clerks and deputy marshal. Sec. 4. That the clerks of the circuit and district courts for said district and the marshal of said district shall each appoint a deputy, who shall reside and maintain an office at the city of Fort Scott, each of whom shall, in the absence of the clerks or marshal, exer- cise all the powers and perform all the duties of his principal within the division for which he shall be appointed: Provided, That the appointment of such deputy shall be approved by the court for which they shall be respectively appointed, and they may be removed by such court at pleasure, and the clerk and marshal shall be respon- sible for the official acts and neglects of all their deputies. Act May 3, 1892, c. 59, 84, 27 Stat. 24. Sec. 5. [Relates to pending causes.] ACT MARCH 2, 1895, c. 177, § 1. Times of terms of courts in second and third divisions. That the regular spring term of the circuit and district courts of the United States, for the second division of the district of Kan- sas, shall be held at the city of Wichita, commencing on the second Monday in March of each year. And the regular fall term of the circuit and district courts of the United States for the third division of the district of Kansas, shall be held at the city of Fort Scott, commencing on the second Monday in November of each year. Act March 2, 1895, c. 177, 81, 28 Stat. 806. Before this act, the times of holding these terms were fixed by Act June 9, 1890, c. 403, § 1, and Act May 3, 1892, c. 59, § 1, set forth above. Sec. 537) 359 Tit. 13—THE JUDICIARY- —Ch. 1. [KENTUCKY.] ACT AUG. 8, 1888, c. 792. An Act to Provide for Holding Terms of the Circuit and District Courts of the United States for the District of Kentucky at Owensborough, in said District, and for Other Purposes. (25 Stat. 389.) Kentucky, Owensboro division; terms of courts therein. Be it enacted, &c., That the territory embraced within the follow- ing counties in said district, to wit: Daviess, Henderson, Union, Christian, Todd, Hopkins, Webster, McLean, Muhlenberg, Logan, Butler, Grayson, Ohio, Hancock, and Breckenridge, shall hereafter constitute and be known as the Owensborough division of said dis- trict; and regular terms of the circuit and district courts of the Unit- ed States for said district shall be held semi-annually in the city of Owensborough, in said division, beginning on the fourth Monday in January and the first Monday in June, and continuing at each term for eighteen judicial days, if the business shall require it; and the judges of said courts shall have the same power to call special terms in said division as they may now do under the laws of the United States elsewhere in said district. Act Aug. 8, 1888, c. 792, § 1, 25 Stat. 389. The state of Kentucky was constituted one judicial district by Rev. St. § 531, as originally enacted; but that section is amended by strik- ing therefrom the word "Kentucky," and the state is divided into an eastern district and a western district by Act Feb. 12, 1901, c. 355, set forth below. Regular terms of the district court and the circuit court at Covington, Louisville, Frankfort, and Paducah were appointed by Rev. St. 88 572, 658; and the times of holding some of these terms were changed by Act July 1, 1879, c. 59, 21 Stat. 45. But these provisions, and the other sections of the act last mentioned, relating to the length of the terms, are superseded by provisions of the same nature contained in Act Feb. 12, 1901, c. 355, mentioned above. The provisions of the act here set forth, also, may be regarded as superseded, to a greater or less extent, by Act Feb. 12, 1901, c. 355; especially the appoint- ment, by section 1 of this act, of two regular terms of the courts to be held semiannually at Owensboro, beginning on certain days, would seem to be superseded by the similar appointment, by section 9 of the act of 1901, of two terms to be held at the same place, beginning on two other days in each year; as otherwise four terms should be held in every year. But section 11 of the act of 1901 provides that nothing in that act shall be construed to repeal this act. Jurisdiction of courts. Sec. 2. That the said courts so sitting at Owensborough shall have and exercise the same jurisdiction, power, and authority in all civil actions, pleas, or proceedings, and in all prosecutions, informations, indictments, or other criminal or penal proceedings, conferred by general laws on the district and circuit courts of the United States; and where one or more defendants in any civil cause shall reside in said division, and one or more defendants to such cause shall reside out of said division but in said district, then the plaintiff may 360 (Sec. 537 Tit. 13—THE JUDICIARY — Ch. 1. institute his action either in the court having jurisdiction over the latter or in the said division. Act Aug. 8, 1888, c. 792, § 2, 25 Stat. 390. Deputy clerk. Sec. 3. That in and for said division the clerk of the said district, at Louisville, shall appoint a deputy who shall reside at Owensbor- ough, and in case of the death or removal of said deputy, or from other cause, it becomes necessary, he shall appoint a successor or successors to said deputy in like manner in all respects as by law he may now appoint and remove deputies; and he may require bond of said deputy to himself, with surety for the faithful discharge of his duties and for indemnity in case of breach, on which actions may be maintained in said district court; and said deputy shall keep and preserve the records of the court at Owensborough; issue all writs, precepts, and process, and perform all other duties devolved upon his principal. Act Aug. 8, 1888, c. 792, § 3, 25 Stat. 390. Duties of marshal; deputy marshal. Sec. 4. That the marshal of said district shall, by himself or dep- uty, attend upon the terms of the court in said division; and he may appoint a deputy to reside at Owensborough (and shall do so if ordered by the court), who shall discharge all the duties of mar- shal; and the marshal may require a bond of indemnity to himself with surety for the faithful discharge of his duties and for indemnity in case of breach, on which actions may be maintained in said dis- trict Court. Act Aug. 8, 1888, c. 792, § 4, 25 Stat. 390. Sec. 5. [Relates to pending causes.] Sec. 6. [Temporary.] This section made temporary provision for holding the courts till the completion of the public building at Owensboro provided for by Act Feb. 16, 1887, c. 131, 24 Stat. 403. ACT FEB. 12, 1901, c. 355. An Act to divide Kentucky into two judicial districts. Kentucky; divided. Be it enacted, etc., That section five hundred and thirty-one of the Revised Statutes is hereby amended by striking therefrom the word "Kentucky.” Act Feb. 12, 1901, c. 355, § 1, 31 Stat. 781. Districts. Sec. 2. That the State of Kentucky is divided into two judicial dis- tricts, which shall be called the eastern and western judicial districts of the State of Kentucky. The eastern district includes the coun- ties of Carroll, Trimble, Henry, Shelby, Anderson, Mercer, Boyle, Gallatin, Boone, Kenton, Campbell , Pendleton, Grant, Owen, Frank- lin, Bourbon, Scott, Woodford, Fayette, Jessamine, Garrard, Madi- son, Lincoln, Rockcastle, Pulaski, Wayne, Whitley, Bell, Knox, Har- Sec. 537) 361 Tit. 13—THE JUDICIARY --Ch. 1. lan, ·Laurel, Clay, Leslie, Letcher, Perry, Owsley, Jackson, Estill, Lee, Breathitt, Knott, Pike, Floyd, Magoffin, Martin, Johnson, Law- rence, Boyd, Greenup, Carter, Elliott, Morgan, Wolfe, Powell, Men- ifee, Clark, Montgomery, Bath, Rowan, Lewis, Fleming, Mason, Bracken, Robertson, Nicholas, Harrison, with the waters thereof. The western district includes the residue of said State of Kentucky, with the waters thereof. Act Feb. 12, 1901, c. 355, $ 2, 31 Stat. 781. District judge and other officers for western district. Sec. 3. That the district judge of the judicial district of Kentucky as heretofore constituted, and in office at the time this Act takes effect, shall be the district judge for the western judicial district of Kentucky as constituted by this Act. That the clerk of the circuit court and the clerk of the district court in said judicial district of Kentucky as heretofore constituted, and in office at the time this Act takes effect, shall be the clerks of the circuit and district courts of the western judicial district of Kentucky, respectively, as hereby constituted, until their successors, respectively, shall be appointed and qualified. The district attorney, assistant district attorneys, mar- shal, deputy marshals, deputy clerks, and referees in bankruptcy resident in said western judicial district of Kentucky as constituted by this Act shall, within their respective jurisdictions in said western judicial district, continue in office and continue to be such officers in such western district until the expiration of their respective terms of office as heretofore fixed by law, or until their successors shall be duly appointed and qualified. Act Feb. 12, 1901, c. 355, $ 3, 31 Stat. 781. The appointment of a clerk of the district court, at each place of holding the court, in the district of Kentucky as originally constituted, was authorized by Rev. St. $ 557. And the appointment of a deputy clerk at Owensboro was authorized by Act Aug. 8, 1888, c. 792, & 3, set forth above. District judge for eastern district. Sec. 4. That the President of the United States, by and with the advice and consent of the Senate, shall appoint a district judge for the eastern judicial district of Kentucky, who shall possess and exercise all the powers conferred by existing law upon the judges of the dis- trict courts of the United States, and who shall, as to all business and proceedings arising in said eastern judicial district as hereby con- stituted or transferred thereto, succeed to and possess the same pow- ers and perform the same duties within the said eastern judicial dis- trict as are now possessed by and performed by the district judge for the district of Kentucky. Act Feb. 12, 1901, c. 355, 4, 31 Stat. 782. Marshal and district attorney for eastern district. Sec. 5. That the President of the United States, by and with the advice and consent of the Senate, shall appoint a marshal and dis- trict attorney for the said eastern judicial district of Kentucky as hereby constituted, who shall, within their respective jurisdictions, 362 (Sec. 537 Tit. 13—THE JUDICIARY—Ch. 1. possess and exercise all the powers conferred by existing law upon the marshals and district attorneys of the United States, respectively. Act Feb. 12, 1901, c. 355, § 5, 31 Stat. 782. Other officers for eastern district. Sec. 6. That all other officers residing within the eastern judicial district of the State of Kentucky, as hereby constituted, shall cease to be such officers when their successors are appointed and qualified. Act Feb. 12, 1901, c. 355, § 6, 31 Stat. 782. Vacancies in office; fees and compensation of officers. Sec. 7. That the office of marshal and district attorney in each of said districts, deputy marshals and assistant district attorneys, and all other officers authorized by law and made necessary by the creation of said two districts and the provisions of this Act, and all vacancies created thereby in either of said districts as constituted by this Act, shall be filled in the manner provided by existing law. The salaries, pay, fees, and allowances of the judges, district attorneys, mar- shals, clerks, and other officers in said districts, until changed under the provisions of existing law, shall be the same, respectively, as now fixed by law for such officers in the judicial district of Kentucky as heretofore constituted. Act Feb. 12, 1901, c. 355, § 7, 31 Stat. 782. Sec. 8. [Relates to pending causes.] Terms of courts. Sec. 9. That the regular terms of the circuit and district courts of the United States for the western district of Kentucky shall be held at the following times and places, namely: At Louisville, beginning on the second Monday in March and the second Monday in October in each year; at Owensboro, beginning on the fourth Monday in No- vember and the first Monday in May in each year; at Paducah, be- ginning on the third Monday in April and the third Monday in No- vember in each year; at Bowling Green, beginning on the third Monday in May and the second Monday in December in each year. That the regular terms of the circuit and district courts of the United States for the eastern district of Kentucky shall be held at the following times and places, namely: At Frankfort, beginning on the second Monday in March and the fourth Monday in September in each year; at Čovington, beginning on the first Monday in April and the third Monday in October in each year; at Richmond, beginning on the fourth Monday in April and the second Monday in November in each year; at London, beginning on the second Monday in May and the fourth Monday in November in each year, and at such other times and places as may hereafter be provided by law. Act Feb. 12, 1901, c. 355, $ 9, 31 Stat. 783. Duration of terms. Sec. 10. That the terms of said courts shall not be limited to any particular number of days nor shall it be necessary to adjourn by reason of the intervention of a term elsewhere; but the court inter- Sec. 537) 363 Tit. 13—THE JUDICIARY— Ch. 1. vening may be adjourned until the business of the court in session is concluded. Act Feb. 12, 1901, c. 355, $ 10, 31 Stat. 783. Previous statutes not repealed. Sec. 11. That nothing in this Act shall be construed to repeal sec- tion five hundred and seventy-eight of the Revised Statutes or the Act of August eighth, eighteen hundred and eighty-eight, entitled “An Act to provide for holding terms of the circuit and district courts of the United States for the district of Kentucky at Owensboro, in said district, and for other purposes." Act Feb. 12, 1901, c. 355, § 11, 31 Stat. 783. Rev. St. § 578, referred to in this section, provides for monthly adjournments of regular terms of district courts for trial of criminal cases. Act Aug. 8, 1888, also referred to in this section, is set forth above. Place of prosecution of offenses. Sec. 12. That all prosecutions for crimes or offenses hereafter committed in either of said districts shall be cognizable within the district in which committed, and all prosecutions for crimes or of- fenses committed before the passage of this Act in which indictments have not been found or proceedings instituted shall be cognizable within the district as hereby constituted in which such crimes or of- fenses were committed. Act Feb. 12, 1901, c. 355, $ 12, 31 Stat. 783. Repeal. Sec. 13. That all laws and parts of laws, so far as inconsistent with the provisions of this Act, are hereby repealed. Act Feb. 12, 1901, c. 355, $ 13, 31 Stat. 783. Time of taking effect of act. Sec. 14. That this Act shall take effect on the first day of July, nineteen hundred and one. Act Feb. 12, 1901, c. 355, $ 14, 31 Stat. 783. [LOUISIANA.] ACT MARCH 3, 1881, c. 144. An Act to Divide the State of Louisiana into two Judicial Districts. (21 Stat. 507.) Louisiana; districts. Be it enacted, &c., That the parishes of Caddo, Bossier, Webster, Claiborne, Union, Morehouse, West Carroll, East Carroll, Madison, Richland, Ouachita, Lincoln, Bienville, Red River, De Soto, Sabine, Winn, Natchitoches, Jackson, Caldwell, Franklin, Tensas, Concordia, Catahoula, Grant, Vernon, Rapides, Avoyelles, Saint Landry, La Fayette, Saint Martin's, Vermillion, Cameron, and Calcasieu, in the State of Louisiana, shall constitute, and is hereby created, the west- ern judicial district in that State; and the district court now existing in Louisiana shall, from and after the passage of this act, be known 364 (Sec. 537 Tit. 13—THE JUDICIARY-Ch. 1. as the district court for the eastern district of Louisiana, and all the parishes in said State not above named shall belong to said district. Act March 3, 1881, c. 144, § 1, 21 Stat. 507. The State of Louisiana constituted one judicial district, under Rev. St. § 531, until divided by this act. The districts established by this act are subdivided into divisions by Act Aug. 8, 1888, c. 789, and Act Aug. 13, 1888, c. 869, set forth below. Place of bringing suit. Sec. 2. That all suits not of a local nature in the circuit and district courts against a single defendant, inhabitant of said State, must be brought in the district where he resides, but if there are two or more defendants, residing in different districts, such suits may be brought in either district. Act March 3, 1881, c. 144, 21 Stat. 507. * Place of prosecution of offenses. Sec. 3. That all prosecutions for crimes or offenses hereafter com- mitted in either of said districts shall be cognizable within such dis- trict. * [Part of section omitted relates to past offenses.] Act March 3, 1881, c. 144, § 3, 21 Stat. 507. Sec. 4. [Relates to pending causes.] ferms of courts for western district. Sec. 5. That there shall be held semi-annually in said district two stated sessions of the district and circuit courts, at each of the follow- ing places, to wit: At Opelousas, on the first Mondays of January and June; at Alexandria, on the fourth Mondays of January and June; at Shreveport, on the third Mondays of February and July; at Monroe, on the first Mondays of April and October. Act March 3, 1881, c. 144, § 5, 21 Stat. 507. The time for one of the terms of the courts at Shreveport, fixed by this section, is changed by Act May 18, 1900, c. 481, set forth below. District judge for western district; clerks; terms of courts for eastern district. Sec. 6. That a person learned in the law shall be appointed by the President of the United States, by and with the advice and consent of the Senate, district judge thereof, with a salary of three thousand five hundred dollars per annum, payable quarterly, and with the same powers and duties as the district judge of the United States for the district of Louisiana as it now exists, and such as are conferred on him, or required of him, by this act. And the said judge shall ap- point a clerk of the district court in the western district, and a clerk of the circuit court for said district shall be appointed in the same manner as other such clerks are appointed, and who shall receive for the services performed by them the same fees and compensation that are allowed to the clerks of such courts holding their sessions in New Orleans, in the same State, and shall be subject in every respect to the same restrictions and responsibilities. And the district and cir- cuit courts for the eastern district of Louisiana shall be held in New Sec. 537) 365 Tit. 13— THE JUDICIARY --Ch. 1 Orleans, as heretofore. [Part of section omitted relates to pending causes.] Act March 3, 1881, c. 144, § 6, 21 Stat. 507. The salary of the district judge for the western district, fixed at $3,500 by this section, is increased to $5,000 by the act fixing the salaries of all the district judges at that amount, Act Feb. 24, 1891, c. 287, post, under Rev. St. $ 554. Regular terms of the district court and the circuit court, at New Orleans, were appointed by Rev. St. $8 572, 658, and are continued for the eastern district at that city, by section 6 of this act, and again with terms at Baton Rouge, by Act Aug. 13, 1888, c. 13, § 2, set forth below. Marshal; district attorney. Sec. 7. That the President of the United States, by and with the advice and consent of the Senate, be, and hereby is, authorized to ap- point one person as marshal and one as district attorney for the said western district of the United States within the State of Louisiana created by this act; and that the terms of appointment and service together with the duties and responsibilities of the said marshal and district attorney, respectively, for the district aforesaid shall be in all respects the same within their said district as the terms of appoint- ment and services, the duties, and responsibilities of the marshal and district attorney, respectively, of the eastern district of the State of Louisiana Act March 3, 1881, c. 144, § 7, 21 Stat. 507. AOT AUG. 8, 1888, c. 789. An Act to Subdivide the Western Judicial District of Louisiana. (25 Stat. 388.) Divisions in western district; process. Be it enacted, &c., That all processes from the circuit and district courts of the United States from the western district of Louisiana against defendants residing in the parishes of Saint Landry, Saint Martin, Cameron, Calcasieu, La Fayette, and Vermillion, in the State of Louisiana, shall be returned to said courts at Opelousas; all pro- cesses against defendants residing in the parishes of Rapides, Ver- non, Avoyelles, Catahoula, Grant, and Winn shall be returned to Alexandria; all processes against defendants residing in the parishes of Caddo, De Soto, Bossier, Webster, Claiborne, Bienville, Natchi- toches, Red River, and Sabine, shall be returned to Shreveport; and all processes against defendants residing in the parishes of Ouachita, Franklin, Richland, Morehouse, East Carroll, West Carroll, Madi- son, Tensas, Concordia, Union, Caldwell , Jackson, and Lincoln shall be returned to Monroe. Act Aug. 8, 1888, c. 789, § 1, 25 Stat. 388. Similar provisions for subdivision of the eastern district, and for terms of courts therein, are contained in Act Aug. 13, 1888, c. 869, set forth below. Terms of the district court and circuit court in the western district are fixed by Act March 3, 1881, c. 144, § 5, set forth above, but the time of holding one of the terms at Shreveport is changed by Act May 18, 1900, c. 481, set forth below. 366 (Sec. 537 Tit. 13—THE JUDICIARY -Ch. 1. Process against defendants in different divisions. Sec. 2. That if there be more than one defendant and they reside in different divisions of the district, the plaintiff may sue in either division, and send duplicate writ or writs to the other defendants; and the said writs, when executed and returned into the court from which they issued, shall constitute one suit and be proceeded in accordingly. Act Aug. 8, 1888, c. 789, § 2, 25 Stat. 388. Place of trial of causes. Sec. 3. That all causes triable in either of the courts of said west- ern district shall be tried in the division to which the process is re- turnable under the provisions of this act, unless by consent of all parties the cause be removed to some other division of said district. Act Aug. 8, 1888, c. 789, § 3, 25 Stat. 388. Place of prosecution of offenses. Sec. 4. That all . prosecutions for crimes or offenses hereafter com- mitted in either of the divisions shall be cognizable within such di- vision: * * [Part of section omitted relates to past offenses.] Act Aug. 8, 1888, c. 789, § 4, 25 Stat. 388. Residence of jurors. Sec. 5. That all grand and petit jurors summoned for service in, each division shall be residents of such division. Act Aug. 8, 1888, c. 789, § 5, 25 Stat. 388. Deputy clerk. Sec. 6. That a deputy clerk of the district court shall be appointed at each place in the four divisions of said western district where said court is required to be held, each of whom, in the absence of the clerk, may exercise all the official powers of clerk at the place and within the division for which he is appointed. Act Aug. 8, 1888, c. 789, § 6, 25 Stat. 388. Removal of causes from State courts. Sec. 7. That causes removed from any court of the State of Louisi- ana into the circuit court of the United States within said western district shall be removed to the circuit court in the division in which such State court is held. Act Aug. 8, 1888, c. 789, § 7, 25 Stat. 388. ACT AUG. 13, 1888, c. 869. An Act to Subdivide the Eastern Judicial District of Louisiana, and to Fix the Time and Place for Holding Terms of Court Therein. (25 Stat. 438.) Divisions in eastern district; process. Be it enacted, &c., That all processes from the circuit and district courts for the eastern district of Louisiana against defendants resid- ing in the parishes of Pointe Coupee, West Baton Rouge, Iberville, Ascension, East Feliciana, West Feliciana, East Baton Rouge, Saint Sec. 537) 367 Tit. 13— THE JUDICIARY-Ch. 1. Helena, and Livingston, shall be returned to said courts at Baton Rouge, Louisiana, and all processes against defendants residing in the other parishes of the eastern district of Louisiana shall be re- turned to New Orleans. Act Aug. 13, 1888, c. 869, § 1, 25 Stat. 438. Similar provisions for subdivision of the western district, and for terms of courts therein, are contained in Act Aug. 8, 1888, 8 789, set forth above. Terms of courts for eastern district. Sec. 2. That the terms of court shall be held at New Orleans as now fixed by law. Terms of circuit and district courts shall be held at Baton Rouge semi-annually on the second Mondays of April and November. Act Aug. 13, 1888, c. 869, § 2, 25 Stat. 438. Process against defendants in different divisions. Sec. 3. That if there be more than one defendant and they reside in different divisions of the district, the plaintiff may sue in either division, and send duplicate writ or writs to the other defendants ; and the said writs, when executed and returned into the court from which they issued, shall constitute one suit and be proceeded in ac- cordingly. Act Aug. 13, 1888, c. 869, § 3, 25 Stat. 438. Place of trial of causes. Sec. 4. That all causes triable in either of the courts of said east- ern district shall be tried in the division to which the process is re- turnable under the provisions of this act, unless by consent of all parties the cause be removed to some other division of said district. Act Aug. 13, 1888, c. 869, § 4, 25 Stat. 438. Place of prosecution of offenses. Sec. 5. That all prosecutions for crimes or offenses hereafter com- mitted in either division shall be cognizable within such division: * [Part of section omitted relates to past offenses.] Act Aug. 13, 1888, c. 869, § 5, 25 Stat. 438. Residence of jurors. Sec. 6. That all grand and petit jurors summoned for service in each division shall be residents of such division. Act Aug. 13, 1888, c. 869, $ 6, 25 Stat. 438. Deputy clerks. Sec. 7. That a deputy clerk of the district court shall be appointed at each place in the two divisions of said eastern district where said court is required to be held, each of whom, in the absence of the clerk, may exercise all the official powers of clerk at the place and within the division for which he is appointed. Act Aug. 13, 1888, c. 869, § 7, 25 Stat. 438. Removal of causes from State courts. Sec. 8. That causes removed from any court of the State of Lou- isiana in the circuit court of the United States within said eastern 368 (Secs. 537-538 Tit. 13— THE JUDICIARY —Ch. 1. district shall be removed to the circuit court in the division in which such State court is held. Act Aug. 13, 1888, c. 869, & 8, 25 Stat. 438. ACT MAY 18, 1900, c. 481. An Act to Fix the Terms of the District and Circuit Courts of the Western Judicial District in the State of Louisiana. (31 Stat. ( 179.) Terms of courts for western district. Be it enacted, etc., That there shall be held semi-annually in the western judicial district in the State of Louisiana two stated sessions of the district and circuit courts at each of the following places, to wit : At Opelousas on the first Mondays of January and June; at Alexandria on the fourth Mondays of January and June; at Shreve- port on tie third Mondays of February and October; at Monroe on the first Mondays of April and October. Act May 18, 1900, c. 481, 31 Stat. 179. This act continues the terms appointed by Act March 3, 1881, c. 144, § 5, set forth above, merely changing the time of one of the terms at Shreveport. [MARYLAND.] ACT MARCH 21, 1892, c. 20. An Act to Provide for Terms of the United States Circuit and District Courts at Cumberland, Maryland. (27 Stat. 11.) Maryland; additional terms of courts. Be it enacted, &c., That hereafter and until otherwise provided by law there shall be held annually on the second Monday of May and the last Monday in September terms of the circuit and district courts of the United States for the district of Maryland at the city of Cum- berland, in said district, said terms to be in addition to the terms now required to be held in the city of Baltimore, in said district. Act March 21, 1892, c. 20, § 1, 27 Stat. 11. The State of Maryland is constituted one judicial district by Rev. St. § 531. Regular terms of the district court and the circuit court at Baltimore, referred to in this section, are appointed by Rev. St. 88 572, 658. Deputy marshal; deputy clerk. Sec. 2. That the marshal and the clerk of said district shall each respectively appoint at least one deputy to reside in said city of Cum- berland, unless he shall reside there himself, and also maintain an office at that place of holding court. Act March 21, 1892, c. 20, § 2, 27 Stat. 11. [MICHIGAN.] Sec. 538. Michigan. The State of Michigan is divided into two districts, which shall be called the eastern and western districts of Michigan. The west- Sec. 538) Tit. 13-THE JUDICIARY -- Ch. 1. 369 ern district includes the territory and waters within the following boundaries, as they existed February 24, 1863, namely: commencing at the southwest corner of Branch County, in said State, and run. ning thence north, on the west line of Branch and Calhoun Counties, to the south line of Barry County; thence east, on the north line of Calhoun and Jackson Counties, to the southeast corner of Eaton County; thence north, on the east boundary of Eaton County, to the south line of Clinton County; thence west, on the south bound- ary of said county, to the southwest corner thereof; thence north, on the west boundary of Clinton and Gratiot Counties, to the south boundary of Isabella County; thence west, on its south boundary, ; to the southwest corner of said last-named county; thence north, on the west line of Isabella and Clare Counties, to the south bound- ary of Missaukee County; thence east, on its south boundary, to the southeast corner of Missaukee County; thence north, on the east line of Missaukee, Kalcasca, and Antrim Counties, to the south boundary of Emmett County; thence east, to the southeast corner of Emmett County; thence north, on the east Boundary of Emmett County, to the Straits of Mackinac; thence north, to midway across said straits; thence westerly, in a direct line, to a point on the shore of Lake Michigan where the north boundary of Delta County reaches Lake Michigan; thence west, on the north line of Delta County, to the northwest corner of said Delta County; thence south, on the west boundary of said county, to the dividing-line between the States of Michigan and Wisconsin, in Green Bay; thence northeasterly, on said dividing-line, into Lake Michigan; and thence southerly, through Lake Michigan, to the southwest corner of the State of Michigan, on a line that will include within said boundaries the waters of Lake Michigan within the admiralty jurisdiction of the State of Michigan; thence east, on the south boundary of the State of Michigan, to the intersection of the west line of Hillsdale County. The eastern dis- trict includes all the territory and waters of said State not included within the foregoing boundaries. Act Feb. 24, 1863, c. 54, § 1, 12 Stat. 660, 661. Act June 20, 1864, c. 143, § 1, 13 Stat. 143. The division into districts by this section is altered, and the western district is enlarged and divided into a southern division and a northern division, by Act June 19, 1878, c. 326, set forth below. The eastern district is also divided into a northern division and a southern division, by Act April 30, 1894, c. 66, set forth below. Regular terms of the district courts and the circuit court, for the eastern district at Detroit, and for the western district at Grand Rapids, were appointed by Rev. St. $8 572, 658. On the division of the western district, terms of both courts were appointed in each division, by Act June 19, 1878, c. 326, § 2, set forth below. Additional terms of the district court for the eastern district, to be held at Port Huron, were also authorized by section 9 of the same act, set forth below; and additional terms of the circuit court and district court for the eastern district, to be held at Bay City, were provided for by Act Feb. 28, 1887, c. 269, also set forth below. On the division of that district, regular terms of both courts were appointed to be held at Bay City, besides the terms at Detroit and Port Huron, by Act April 30, 1894, c. 66, § 2, set forth below. LAWS '01-24 370 (Sec. 538 Tit. 13—THE JUDICIARY --Ch. 1. ACT JUNE 19, 1878, c. 326. An Act to Detach Certain Territory from the Eastern Judicial Dis- trict of Michigan and to Attach the same to the Western Judicial District of Michigan, and to provide for divisions in said West- ern District and for Holding the District and Circuit Courts therein, and for Other Purposes. (20 Stat. 175.) Counties transferred to western district. Be it enacted, &c., That the counties of Chippewa, Schoolcraft, Marquette, Houghton, Keweenaw, Ontonagon, Isle Royale, Baraga, and Mackinaw being and including all that portion of the territory and waters of said eastern district lying in the upper peninsula of Michigan be and the same are hereby detached from the eastern judicial district of Michigan and attached to the western judicial district of said State. Act June 19, 1878, c. 326, § 1, 20 Stat. 175. Divisions in western district; terms of courts; place of trial of issues of fact. Sec. 2. That for the trial and determination of all causes and pro- ceedings cognizable and triable in the circuit and district courts of the United States for the western district of Michigan as bounded and described in this act, the said district shall consist of two divi- sions known respectively as the southern and northern divisions of said district. The southern division shall comprise all that portion of said district lying and being in the lower peninsula of said State, and the northern division of said district shall comprise all the territory and waters of the entire upper peninsula of said State; and there shall be two reg- ular terms of the circuit and district courts begun and held in each of the divisions of said western district annually. The regular terms of the circuit and district courts in said southern division shall be held at the city of Grand Rapids, commencing on the first Tuesdays of March and October in each year. The regular terms of the circuit and district courts in said northern division shall be held at the city of Marquette, commencing upon the first Tuesdays of May and September in each year. And all issues of fact shall be tried at the terms of said courts to be held in the division where such suits shall hereafter be commenced; but nothing herein contained shall prevent the said circuit and district courts from regulating by general rule the venue of transitory ac- tions, either in law or in equity, and from changing the same for cause. Act June 19, 1878, c. 326, § 2, 20 Stat. 175. Place of bringing suit. Sec. 3. That all suits and proceedings hereafter to be brought in . the said circuit or district courts not of a local nature, shall be brought in a court of the division of the district where the defendant resides; but if there be more than one defendant, and they reside in different divisions of the district, the plaintiff may sue in either divi- sions and send duplicate writ or writs to the other defendants, on Sec. 538) 371 Tit. 13— THE JUDICIARY—Ch. 1. which the plaintiff or his attorney shall endorse that the writ thus sent is a copy of a writ sued out in a court of the proper division of the said district; and the said writs when executed and returned into the office from which they issued, shall constitute one suit, and be proceeded in accordingly. Act June 19, 1878, c. 326, § 3, 20 Stat. 176. Clerks; deputy clerks. Sec. 4. The clerk of the circuit and district courts for the western district of Michigan shall reside and keep his office at Grand Rapids, and shall also appoint a deputy clerk for said courts held at Mar- quette, who shall reside and keep his office at that place; and said deputy clerk shall keep in his office full records of all actions and pro- ceedings in the said circuit and district courts for the northern divi- sion of said district held at that place, and shall have the same power to issue all processes from the said courts and perform any other duty that is or may be given to the clerks of other circuit and district courts in like cases. Act June 19, 1878, c. 326, § 4, 20 Stat. 176. District attorney and marshal; deputy marshal. Sec. 5. That the district attorney and marshal of the said western district of Michigan shall respectively perform the duties of district attorney and marshal for the southern and northern divisions of said district as established by this act. The marshal of said district shall keep an office and a deputy marshal at Marquette in the nortern division of said district. Act June 19, 1878, c. 326, § 5, 20 Stat. 176. 878, Place of prosecution of offenses; juries; residence of jurors. Sec. 6. Any person charged with violating any of the penal or criminal statutes of the United States of which the said circuit or dis- trict courts have jurisdiction, shall be proceeded against by indict- ment or otherwise, within the division of said district where the al- leged offense or offenses shall be committed, and shall have his or her trial at a term of the said court held in said division, unless for cause shown, the judge shall otherwise direct; and one grand and one petit jury only shall be summoned, and serve in both said courts at each term thereof; and jurors shall be selected and drawn from the division of the said district in which they reside and in which the terms of the said circuit and district courts to which they are sum- moned are held. Act June 19, 1878, c. 326, § 6, 20 Stat. 176. Sec. 7. [Relates to pending causes and to past offenses.] Repeal. Sec. 8. All provisions of laws in conflict with this act are hereby repealed. Act July 19, 1878, c. 326, § 8, 20 Stat. 177. Additional terms of courts for eastern district. Sec. 9. There shall be one or more terms of the district court for the eastern district of Michigan, held annually at the United States 372 (Sec. 538 Tit. 13—THE JUDICIARY —Ch. 1. court room in the city of Port Huron in said district, in the discretion of the judge of said district court, and at such times as he shall ap- point therefor. Act June 19, 1878, c. 326, § 9, 20 Stat. 177. The eastern district is also divided into a northern and southern division and terms of the circuit court and district court therein are appointed, by Act April 30, 1894, c. 66, set forth below. The terms of the district court at Port Huron, provided for in section 9 of this act, remain as fixed thereby, under section 2 of the act of 1894. ACT FEB. 28, 1887, c. 269. An Act to Provide for Holding Terms of the Circuit and District Courts of the United States for the Eastern District of Michigan at Bay City, in said District. (24 Stat. 423.) ( Additional terms of courts for eastern district. Be it enacted, &c., That two or more terms of the circuit court and district court of the United States for the eastern district of Michigan shall be held annually at Bay City, in said district, at such times as shall be appointed by such courts therefor. Act Feb. 28, 1887, c. 269, § 1, 24 Stat. 423. Regular terms of the circuit court and district court are appointed to be held at Bay City by Act April 30, 1894, c. 66, § 2, set forth below. Duties of clerks, marskal, and district attorney; records; summoning of jurors. Sec. 2. That the clerks of the said circuit and district courts, and the marshal and attorney of said eastern district, shall severally per- form the duties appertaining to his office, respectively, for said courts when sitting at Bay City, pursuant to the terms of this act. All the records, files, and papers relating to proceedings had by or before either of said courts when sitting at Bay City, as aforesaid, shall be kept and retained in the office of the clerk of such court at Detroit, in said district, except when actually in use by or before such court, and except when otherwise ordered by such court or a judge thereof. Each of said courts is authorized and required to make all such rules and regulations relative to the summoning of grand and petit jurors to attend upon the sessions of such court at Bay City, and relative to matters of practice therein, that may from time to time be deemed necessary. Act Feb. 28, 1887, c. 269, § 2, 24 Stat. 423. Sec. 3. [Superseded. Act June 19, 1888, c. 420.] This section authorized the renting of rooms at Bay City for the courts. It is superseded by the erection of a public building at that city, under Act June 19, 1888, c. 420, 25 Stat. 194. ACT APRIL 30, 1894, c. 66. An Act to Provide for the Division of the Eastern District of Mich- igan into the Northern and Southern Divisions, and for Holding Sec. 538) Tit. 13—THE JUDICIARY —Ch. 1. 373 the Circuit and District Courts of the United States therein, and for Other Purposes. (27 Stat. 67.) Divisions in eastern district. Be it enacted, &c., That the eastern district of Michigan be, and the same is hereby, divided into two divisions, to be known as the north- ern division and the southern division, respectively, and that the fol- lowing-named counties shall be and constitute the northern division : Cheboygan, Presque Isle, Otsego, Montmorency, Alpena, Crawford, Oscoda, Alcona, Roscommon, Ogeman, Iosco, Clare, Gladwin, Are- nac, Isabella, Midland Bay, Tuscola, Huron, Gratiot, Saginaw, Shia- wassee, and Genesee; and the following-named counties shall con- stitute the southern division: Saint Clair, Lapeer, Sanilac, Macomb, Oakland, Livingston, Ingham, Clinton, Jackson, Washtenaw, Wayne, Branch, Hillsdale, Lenawee, Calhoun, and Monroe. Act April 30, 1894, c. 66, § 1, 28 Stat. 67. Similar provisions for the division of the western district and for terms of courts therein are contained in Act June 19, 1878, c. 326, set forth above. Terms of courts; place of trial of issues of fact. Sec. 2. That there shall be at least two regular annual sessions of the circuit and district courts begun and held at Bay City in said northern division, commencing on the first Tuesdays of May and October in each year; and all issues of fact shall be tried at the terms of said courts to be held in the division where such suit shall be here- after commenced. There shall also be held a special or adjourned term of the district court at said Bay City for the hearing of admiral- ty causes, beginning in the month of February in each year. The time and terms of court at Detroit and Port Huron in the southern division of said district shall remain as now fixed by law. Act April 30, 1894, c. 66, § 2, 28 Stat. 67. Before this act, one or more terms of the district court, to be held at Port Huron at times to be appointed by the district judge, were provided for by Act June 19, 1878, c. 326, § 9, set forth above; and two or more terms of the circuit court and district court, to be held at Bay City at times to be appointed by the courts, were provided for by Act Feb. 28, 1887, c. 269, also set forth above. Place of bringing suit. Sec. 3. That all suits and proceedings hereafter to be tried in said circuit and district courts, not of a local nature, shall be brought in the court of the division of the district where the defendant, or one of the defendants if there be several, resides, and if there be several de- fendants, part of whom reside in one division and part in another of the district, the plaintiff may sue in either division and send a dupli- cate writ or writs to the other defendants on which the plaintiff or his attorney shall indorse that the writ thus sent is a copy of a writ sued out, in the proper division of said district, and said writs when executed and returned into the office from which they issued shall con- stitute one suit and be proceeded in accordingly. Actions in rem in admiralty may be brought in whichever division of the district service can be had upon the res. Act April 30, 1894, c. 66, § 3, 28 Stat. 67. 3 374 (Sec. 538 Tit. 13—THE JUDICIARY —Ch. 1. Clerks; deputy clerks. Sec. 4. That the clerks of the circuit and district courts for the . eastern district of Michigan shall each keep his office at the city of Detroit and shall each appoint a deputy clerk for said courts held at Bay City, who shall reside and keep his office at that place, and such deputy clerk or clerks shall keep in his office dockets and full records of all actions and proceedings in said circuit and district courts for the northern division of said district held at that place, and shall have the same power to issue all processes from said courts and per- form any other duty that is or may be given to the clerks of other circuit and district courts in like cases. Act April 30, 1894, c. 66, § 4, 28 Stat. 67. Duties of district attorney and marshal; deputy marshal. Sec. 5. That the district attorney and marshal of said eastern dis- trict of Michigan shall respectively perform the respective duties of district attorney and marshal for the southern and northern divisions of said district as established by this Act. The marshal of said dis- trict shall keep an office of deputy marshal at Bay City in the north- ern division of said district, and mileage on service of process in said northern division shall be computed from Bay City. Act April 30, 1894, c. 66, § 5, 28 Stat. 68. Place of prosecution of offenses; juries; residence of jurors. Sec. 6. That any person charged with violating any of the penal or criminal statutes of the United States in which said circuit or dis- trict courts have jurisdiction shall be proceeded against by indictment or otherwise within the division of said district where the alleged of- fense or offenses shall be committed, and shall have his or her trial at a term of said court held in said division, unless, for cause shown, the judge shall otherwise direct; and one grand and one petit jury only shall be summoned, and serve in both said courts at each term thereof; jurors shall be selected and drawn from the division of said district in which they reside and in which the terms of said circuit and district courts to which they are summoned are held. Act April 30, 1894, c. 66, § 6, 28 Stat. 68. Sec. 7. [Relates to pending causes.] Repeal. Sec. 8. That all provisions of laws in conflict with this Act are hereby repealed. Act April 30, 1894, c. 66, § 8, 28 Stat. 68. [MINNESOTA.] ACT APRIL 26, 1890, c. 167. An Act Providing the Terms and Places of Holding the Courts of the United States in the District of Minnesota, and for Other Purposes. (26 Stat. 72.) Minnesota; divisions in district. Be it enacted, &c., That for the purpose of holding terms of court the district of Minnesota is hereby divided into six divisions, to be Sec. 538) 375 Tit. 13--THE JUDICIARY –Ch. 1. known as the first, second, third, fourth, fifth, and sixth divisions. , That portion of the State of Minnesota comprising the counties of Winona, Wabasha, Olmstead, Dodge, Steele, Mower, Fillmore, and Houston, shall constitute the first division, the courts of which shall be held at Winona; the counties of Freeborn, Faribault, Martin, Jackson, Nobles, Rock, Pipestone, Murray, Cottonwood, Watonwan, Blue Earth, Waseca, Le Sueur, Nicollet, Brown, Redwood, Lyon, Lincoln, Yellow Medicine, Sibley, and Lac Qui Parle shall constitute the second division, the courts of which shall be held at Mankato; the counties of Chicago, Washington, Ramsey, Dakota, Goodhue, , Rice, and Scott shall constitute the third division, the courts of which shall be held at Saint Paul; the counties of Hennepin, Wright, Meek- er, Kandiyohi, Swift, Chippewa, Renville, McLeod, Carver, Anoka, Sherburne, and Isanti shall constitute the fourth division, the courts of which shall be held at Minneapolis ; that the counties of Cook, Lake, Saint Louis, Itasca, Cass, Crow Wing, Aitkin, Carlton, Pine, Kanabec, Mille Lacs, Morrison, and Benton shall constitute the fifth division, the courts of which shall be held at Duluth; the counties of Stearns, Pope, Stevens, Big Stone, Traverse, Grant, Douglas, Todd, Otter Tail, Wilkin, Clay, Becker, Wadena, Norman, Polk, , Marshall, Kittson, Beltromi and Hubbard shall constitute the sixth division, the courts of which shall be held at Fergus Falls Act April 26, 1890, c. 167, § 1, 26 Stat. 72. The state of Minnesota is constituted one judicial district by Rev. St. § 531. Removal of causes from State courts; place of bringing suit; process. Sec. 2. That causes removed from any court in the State of Min- nesota into the circuit court shall be removed to the circuit court in the division in which said State court is held; and all civil suits not of a local nature must be brought in the division where the defendant or defendants reside; but, if there are two or more defendants resid- ing in different divisions, the action may be brought in any division in which a defendant resides. That all civil process from the circuit and district courts of the United States for said district of Minnesota against defendants residing or found therein, shall be returned to the place appointed for the holding of said courts in the division where such defendant resides. That if there be more than one defendant, and they reside in different divisions of the district, the plaintiff may sue in either division, and send duplicate writ or writs to the other defendants; and the said writs, when executed and returned into the court from which they issued, shall constitute one suit and be pro- ceeded in accordingly. Act April 26, 1890, c. 167, § 2, 26 Stat. 72. Place of trial of causes. Sec. 3. That all actions triable in either of the courts of said dis- trict shall be tried in the division in which the process is returnable under the provisions of this act, unless by consent of all parties the action be removed to some other division of said district. Act April 26, 1890, c. 167, § 3, 26 Stat. 73. The prosecution of criminal offenses in the division in which they were committed is provided for by Act July 12, 1894, c. 132, set forth below. 376 (Sec. 538 Tit. 13—THE JUDICIARY—Ch. 1. Terms of courts. Sec. 4. That regular terms of the circuit and district courts shall be held as follows: For the first division, on the first Tuesday in June, and the first Tuesday in December; for the second division, on the third Tuesday in April and the first Tuesday in November ; for the third division, on the fourth Tuesday in June and the second Tuesday in January; for the fourth division, on the first Tuesday in March and the first Tuesday in September; for the fifth division, on the second Tuesday in May and the second Tuesday in October ; for the sixth division, on the fourth Tuesday in March and the fourth Tuesday in September. Act April 26, 1890, c. 167, § 4, 26 Stat. 73. Before this act regular terms of the district court, at Winona and St. Paul, were appointed by Rev. St. $ 572; and of the circuit court. at St. Paul, by Rev. St. $ 658. Deputy clerks. Sec. 5. That the clerks of the circuit and district courts of the district of Minnesota shall each appoint a deputy clerk at the place where their respective courts are required to be held in the division of the district in which such clerk shall not himself reside, who shall keep his office and reside at the place appointed for holding said courts in the division of such residence, and shall keep the records of said courts for such division, and in the absence of the clerk, may exercise all the official powers of the clerks within the division for which he is appointed: Provided, That the appointment of such dep- uties shall be approved by the court for which they shall have been respectively appointed, and may be annulled by such court at its pleas- ure, and the clerks shall be responsible for the official acts and negli- gence of their respective deputies. Act April 26, 1890, c. 167, § 5, 26 Stat. 73. Juries. Sec. 6. That a grand and petit jury shall be summoned for each of said terms, which petit jury shall be competent to sit and act as such jury in either or both of said courts at such terms: Provided, That the judge of district court may, in his discretion, dispense with the summoning or impaneling of more than one grand jury in each year in any of said divisions. Act April 26, 1890, c. 167, § 6, 26 Stat. 73. Time of taking effect of act. Sec. 7. That this act shall take effect and be in force from and after the first day of August, anno Domini eighteen hundred and ninety. Act April 26, 1890, c. 167, § 7, 26 Stat. 73. ACT JULY 12, 1894, c. 132. An Act Regulating the Procedure in Criminal Causes in the Dis- trict of Minnesota. (28 Stat. 102.) Place of prosecution of offenses. Be it enacted, &c., That all criminal proceedings instituted for the trial of offenses against the laws of the United States arising in the Secs. 538-539) 377 Tit. 13—THE JUDICIARY--Ch. 1. district of Minnesota, shall be brought, had, and prosecuted in the division of said district in which such offenses were committed. Act July 12, 1894, c. 132, § 1, 28 Stat. 102. Time of taking effect of act. Sec. 2. That this Act shall take effect upon its passage. Act July 12, 1894, c. 132, § 2, 28 Stat. 102. [MISSISSIPPI.] Sec. 539. [Superseded. Act June 15, 1882, C. 218.] This section divided the State of Mississippi into a northern district and a southern district. It is superseded by provisions of Act June 15, 1882, c. 218, 8.1, set forth below, making a different division, which is further altered by subsequent statutes also set forth below. Regular terms of the district courts, for the northern district at Ox- ford, for the southern district at Jackson, were appointed by Rev. St. 8 572; and of the circuit court for the southern district at Jackson, by Rev. St. 8 658; the district court for the northern district having the jurisdiction of a circuit court, of all causes except appeals and writs of error, under Rev. St. § 571. But the provision conferring on the district court circuit court powers was repealed, on the establish- ment of a circuit court for the northern district, by Act Feb. 6, 1889, c. 113, § 5, post, under Rev. St. $ 608. On the division of the northern district by Act June 15, 1882, c. 218, mentioned above, terms of the district court in each division were appointed by section 2 of that act, set forth below. And on the sub- sequent establishment of a circuit court for the northern district, by Act Feb. 6, 1889, c. 113, referred to above, terms of that court were directed by that act to be held at the times and places provided for holding the district court. On the establishment of divisions in the southern district, terms of the circuit court and the district court were appointed to be held therein by the various acts establishing the several divisions, set forth below. ACT JUNE 15, 1882, c. 218. An Act to Amend the Several Acts in Relation to the Division of the State of Mississippi into Judicial Districts, and Further to Amend the Several Acts in Relation to the Northern Judicial District of the State of Mississippi, and to Provide for the Time and Places of Holding the United States District Courts in said Northern District. (22 Stat. 101.) Mississippi; districts. Be it enacted, &c., That the State of Mississippi is hereby divided into two districts, which shall be called the northern and southern districts of Mississippi. The northern district shall include the coun- ties of Kemper, Neshoba, Winston, Noxubee, Carroll, Attala, Boli- ver, Coahoma, Tunica, De Soto, Tate, Marshall, Panola, Benton, Tippah, Tishominga, Alcorn, Prentiss, Sunflower, Itawamba, Lee, Monroe, Lowndes, Oktibbeha, Choctaw, Montgomery, Grenada, Tal- lahatchee, La Fayette, Pontotoc, Union, Chickasaw, Webster, Clay, Calhoun, Quitman, and Yalabusha, as they nox exist. The southern district shall include the residue of said State. Act June 15, 1882, c. 218, § 1, 22 Stat. 101. The division into districts by this section supersedes the division 378 (Sec. 539 Tit. 13– THE JUDICIARY --Ch. 1. by Rev. St. § 539. But several counties included by this act in the northern district are transferred to the southern district by the amend. ment of Act Feb. 28, 1887, c. 279, § 1, by Act April 11, 1888, c. 81, and by Act July 18, 1894, c. 144, set forth below. Divisions in northern district; terms of district court; juries. Sec. 2. That the northern judicial district of the State of Mississ- ippi as now hereby constituted shall be divided into an eastern and western division; that the counties of Tishamingo, Alcorn, Prentiss, Itawamba, Lee, Pontotoc, Monroe, Chickasaw, Clay, Oktibbeha, Lowndes, Noxubee, Winston, Choctaw, Neshoba, and Kemper shall compose the eastern division of said northern judicial district; that all the other counties embraced in the northern judicial district as now hereby constituted shall compose the western division of said northern judicial district; that there shall be in each year two terms of the United States district court for the eastern division, to be styled “the district court of the United States for the eastern division of the northern judicial district of Mississippi,” held at the town of Aberdeen, in said eastern division, to begin on the first Mondays of April and October, respectively, and shall continue twenty-four judi- cial days, if the business so long require; that there shall also be in each year two terms of the United States district court for the west- ern division, to be styled “the district court of the United States for the western division of the northern judicial district of Mississippi," held at the town of Oxford, in said western division, to begin on the first Mondays of June and December, and to continue so long as the business may require; that the district judge of the United States for the State of Mississippi is hereby required to hold the courts aforesaid. Juries shall be summoned for the additional courts here- by created as now provided by law for the summoning of juries in said northern district. Act June 15, 1882, c. 218, § 2, 22 Stat. 101. The divisions in the northern district established by this section are ' altered by the transfer of the county of Attala from the western division to the eastern division, by Act July 8, 1866, c. 745, set forth below; as well as by the transfer of other counties to the southern dis- trict, by Act April 11, 1888, c. 81, amending Act Feb. 28, 1887, c. 279, § 1, and by Act July 18, 1894, c. 144, also set forth below. Divisions in the southern district are established by several subsequent statutes, set forth below. The terms of the circuit court for the northern district, established by Act Feb. 6, 1889, c. 113, post, under Rev. St. $ 608, are directed by section 1 of that act to be held at the times and places provided for holding the district court. Place of bringing suit; change of venue. Sec. That hereafter all suits to be brought in either of said courts, not of a local nature, shall be brought in the division where the defendants, or either of them, reside; but if there be more than one defendant, and they reside in different divisions, or any of them reside in the southern judicial district of Mississippi, the plaintiff may sue in either division or district, and send duplicate writs to the other division or district, directed to the marshal of the district where he or they may reside, on which said writs shall be indorsed by the plaintiff, or his attorney, that the same is a duplicate of the original 3. Sec. 539) Tit. 13—THE JUDICIARY --Ch. 1. 379 a writ sued out of the district court of the proper division or district; but whenever a defendant is sued out of the division of his residence, and is not joined with a codefendant whose residence is in the divi- sion where the suit is brought, he may, before pleading therein, on motion and on affidavit of the division of his residence, change the venue to the court of the division of his residence, which suit shall stand for trial at the first term of the court to which the venue may be so changed; but any cause may, by written consent of both par- ties or their attorneys of record, be transferred to the court of either division, without regard to the division of the residence of the de- fendants, and whether such cause be now pending or be instituted hereafter. Act June 15, 1882, c. 218, § 3, 22 Stat. 102. Clerk for northern district; deputy clerks. Sec. 4. That the clerk of the northern judicial district of Missis- sippi shall be sole clerk of the courts of both divisions of the said district, to be appointed in the manner now prescribed by law; that the said clerk, or his deputies, shall reside at each of the places of holding said courts, and shall there keep an office, and the records, files, and documents pertaining to the court of that division; and said clerk shall be entitled to the same fees now allowed to him by law. In addition to his powers to appoint deputies as now prescribed by law, said clerk shall be required to appoint a chief deputy for the court of that division in which he himself may not reside, who shall have all the powers of the clerk in his absence, and shall reside at the place of holding the court for the other division where the chief clerk does not reside. Act June 15, 1882, c. 218, § 4, 22 Stat. 102. Marshal and district attorney for northern district; process. Sec. That the marshal and the district attorney for the northern judicial district of Mississippi shall, respectively, be the marshal and the district attorney for the eastern and western divisions of said northern district, and shall be allowed the same fees (except as hereinafter provided for said district attorney), and be subject to the same duties and liabilities, as now provided by law; that process issuing from the courts of either division of said northern district shall be directed to the marshal of said northern district, and may be executed by him or his deputies upon the party or parties for whom issued, wherever found in said northern district; and said marshal shall have an office and at least one general deputy residing at the place of holding court in each division, unless he shall reside there himself. Act June 15, 1882, c. 218, § 5, 22 Stat. 102. Sec. 6. [Relates to pending causes.] Jurisdiction of district court for northern district. Sec. 7. That said district courts for the eastern and western divi- sions of said northern district shall have the same powers and juris- diction, with the same right to parties to prosecute appeals and writs of error therefrom, as now pertains to the district court for said north- 5. 380 (Sec. 539 Tit. 13—THE JUDICIARY—Ch. 1. ern judicial district. * * [Part of section omitted relates to past offenses.] Act June 15, 1882, c. 218, § 7, 22 Stat. 103. Secs. 8, 9. [Relate to pending causes.] Additional special terms of district court for northern district. Sec. 10. That the judge of the United States courts for said north- ern district may, by order, from time to time, appoint and hold addi- tional special terms of said court, for the disposal of the unfinished business thereof, whenever the interests of the public and the condi- tion of the docket shall so require: Provided, "That there shall not be more than two such special terms in any one year in each division, nor for a longer period than twelve judicial days for each special term, Act June 15, 1882, c. 218, § 10, 22 Stat. 103. ACT JULY 8, 1886, c. 745. An Act to Amend Chapter Two hundred and eighteen of the Acts of the First Session of the Forty-seventh Congress, Approved June fifteenth, Eighteen hundred and eighty-two. (24 Stat. 127.) Additional county transferred to eastern division in northern district. Be it enacted, &c., That the county of Attala, in the northern judi- cial district of the State of Mississippi, is hereby transferred from the western to the eastern division of said district. [Part of sec- tion omitted relates to past offenses.] Act July 8, 1886, c. 745, 24 Stat. 127. * * ACT FEB. 28, 1887, c. 279. [As amended 1888.] An Act to Provide for Holding Terms of United States Courts at Vicksburg, Mississippi. (24 Stat. 430.) Western division in southern district. Be it enacted, &c., That the counties of Bolivar, and Sunflower, Washington, Sharkey, Issaquena, and Warren shall constitute a part of the southern judicial district of Mississippi, and shall be known as the western division of said district; and circuit and district courts for the transaction of business pertaining to the persons and property in said western division shall be held at the city of Vicksburg on the first Mondays of January and July in each year, and shall be held for four weeks, or so long as business may require. Act Feb. 28, 1887, c. 279, § 1, 24 Stat. 430. Act April 11, 1888, c. 81, 25 Stat. 84. The amendment of this section by Act April 11, 1888, c. 81, cited above, consists in the insertion of the words "Bolivar, and Sunflower,” before the word "Washington”; thereby transferring the two counties named from the northern district, to be included with four other coun- ties in the southern district, in the western division of that district. Claiborne county, also, is attached to the western division of the southern district, by Act March 2, 1899, c. 379, set forth below. Other divisions of the southern district are established by subsequent stat- utes set forth below; the southern division, by Act April 4. 1888, c. 58; and the eastern division, by Act July 18, 1894, c. 144. Sec. 539) 381 Tit. 13--THE JUDICIARY —Ch. 1. Jurisdiction of courts for southern district, western division. Sec. 2. That the said courts to be held at Vicksburg as provided in section one of this act shall be possessed of and shall exercise all the powers and jurisdiction now possessed or exercised, or which may hereafter be granted to or exercised, by the circuit and district courts in said district now held at Jackson; and all laws regulating and defining how suits against persons or property located or found in judicial districts shall be brought shall be applicable to and govern the bringing of suits in said division; and all laws touching the re- moval of causes from State courts to United States courts shall apply to said court hereby established; * [Part of section omitted re- lates to past offenses.] Act Feb. 28, 1887, c. 279, § 2, 24 Stat. 430. Sec. 3. [Relates to pending causes.] Deputy marshal and deputy clerks. Sec. 4. That the marshal and clerks of said southern district of Mississippi shall appoint deputies, who shall reside at Vicksburg and act as marshal and clerk of said courts in place of their principals. Act Feb. 28, 1887, c. 279, § 4, 24 Stat. 431. Sec. 5. [Superseded.] This section provided that the United States should not be at any expense in providing for a building or room for the courts. It is super- seded by the construction of a public building at Vicksburg. ACT APRIL 4, 1888, c. 58. An Act to Provide for Holding Terms of the United States Courts at Mississippi City. (25 Stat. 78.) Southern division in southern district. Be it enacted, &c., That the counties of Hancock, Harrison, Jack- son, Marion, Perry, and Green, being a part of the southern judicial district of Mississippi, shall be known as the southern division of said district; and circuit and district courts, for the transaction of busi- ness pertaining to the persons and property in said southern division, shall be held at Mississippi City on the third Mondays of February and August in each year. Act April 4, 1888, c. 58, § 1, 25 Stat. 78. The place for holding terms of the courts for the southern district in the southern division is changed to Biloxi, by Act March 2, 1899, c. 351, amended by Act May 3, 1900, c. 344, set forth below. The western division of the district is established by Act Feb. 28, 1887, c. 279, set forth above, and the eastern division by Act July 18, 1894, c. 144, set forth below. Jurisdiction of courts for southern district, southern division. Sec. 2. That the said courts to be held at Mississippi City, as pro- vided in section one of this act, shall be possessed of and shall exer- cise all the powers and jurisdiction now possessed or exercised, or which may hereafter be granted to or exercised, by the circuit and district courts in said district now held at Jackson; and all laws reg- ulating and defining how suits against persons or property located 382 (Sec. 539 Tit. 13- THE JUDICIARY —Ch. 1. or found in judicial districts shall be brought shall be applicable to and govern the bringing of suits in said division; and all laws touching the removal of causes from State courts to United States courts shall apply to said courts hereby established; * * [Part of section omit- ted relates to past offenses.] Act April 4, 1888, c. 58, § 2, 25 Stat. 78. Sec. 3. [Relates to pending causes.] Deputy marshal and deputy clerks for southern district, southern divi- sion. Sec. 4. That the marshal and clerks of said southern district of Mississippi shall each appoint a deputy, who shall reside at Mississippi City. Act April 4, 1888, c. 58, § 4, 25 Stat. 79. Court house. Sec. 5. That the United States shall not be at any expense in pro- viding for a building or room for the holding of the terms of said court. Act April 4, 1888, c. 58, § 5, 25 Stat. 79. Juries. Sec. 6. That whenever the circuit and district courts in the south- ern district of Mississippi shall be held at the same time and place, only one grand jury and the necessary number of petit jurors shall be summoned for both courts, and they shall be the grand and petit jurors for both said courts. Act April 4, 1888, c. 58, § 6, 25 Stat. 79. ACT JULY 18, 1894, c. 144. An Act to Fix a Term of the Federal District and Circuit Courts of the Southern Judicial District of Mississippi, to be held at Meridian, Mississippi, to Include the Counties named. (28 Stat. 114.) Eastern division in southern district; terms of courts. Be it enacted, &c., That the southern judicial district of the State of Mississippi be so constituted as to include the counties of Kemper, Noxubee, and Neshoba, and that the counties of Lauderdale, Kemper, Noxubee, Leake, Neshoba, Newton, Jasper, Clarke, Wayne, and Jones shall be known as the eastern division of said southern district, and circuit and district courts for the transaction of business pertain- ing to the persons and property in said eastern division shall be held at the city of Meridian on the second Mondays of March and Sep- tember of each year and shall continue for three weeks, or so long as business may require. Act July 18, 1894, c. 144, § 1, 28 Stat. 114. The western division of the district is established by Act Feb. 28, 1887, c. 279, set forth above; and the southern division, by Act April 4, 1888, c. 58, also set forth above. Jurisdiction of courts for southern district, eastern division. Sec. 2. That said courts held in Meridian as provided in section one of this Act shall be possessed of, and exercise, all the powers and Sec. 539) 383 Tit. 13— THE JUDICIARY - Ch. 1. jurisdiction now possessed or exercised, or which may hereafter be granted to or exercised by the circuit and district courts now held at Jackson, and all laws regulating and defining how suits against per- sons or property located or found in judicial districts shall be brought shall be applicable to and govern the bringing of suits in said division, and all laws touching the removal of causes from State courts to United States courts shall apply to said courts hereby established. * * * [Part of section omitted relates to past offenses.] Act July 18, 1894, c. 144, § 2, 28 Stat. 115. Sec. 3. [Relates to pending causes.] Place of bringing suit. Sec. 4. That if there be more than one defendant in a cause and the defendants reside in different divisions of the said southern district, or any of the defendants reside in the northern district, the plaintiff may sue in either division or district where any defendant resides, and send duplicate writs for the other defendant or defendants, the other division or district where such defendant or defendants reside, and said writs when executed and returned into the court from which they issued shall constitute one suit and be proceeded in accordingly. Act July 18, 1894, c. 144, § 4, 28 Stat. 115. Process. Sec. 5. That all processes issued out of said courts at Meridian against defendants residing in the counties of Lauderdale, Kemper, Noxubee, Leake, Neshoba, Newton, Jasper, Clarke, Wayne, Jones, or any other county, shall be returned to the courts hereby provided to be held in Meridian. Act July 18, 1894, c. 144, § 5, 28 Stat. 115. Residence of jurors. Sec. 6. That all grand and petit jurors summoned for service in said eastern division of said southern district created by this Act shall be residents of said division. Act July 18, 1894, c. 144, § 6, 28 Stat. 115. Deputy marshal and deputy clerk for southern district, eastern divi- sion. Sec. 7. That the marshal and clerk of said southern district of Mississippi, as constituted before the passage of this Act, shall ap- point deputies who shall reside at Meridian. Act July 18, 1894, c. 144, § 7, 28 Stat. 115. District attorney for southern district, eastern division. Sec. 8. That the district attorney of the southern district of Missis- sippi shall be district attorney for said eastern division, and shall be allowed the same fees and required to perform the same duties and be subject to the same liabilities as now provided by law. Act July 18, 1894, c. 144, § 8, 28 Stat. 115. Change of venue. Sec. 9. That when a defendant is sued out of a division of his resi- dence, and is not joined with a codefendant whose residence is in the 384 (Secs. 539-540 Tit. 13— THE JUDICIARY-Ch. 1. division where the suit is brought, he may on motion, supported by affidavit, change the venue to the division of his residence. Act July 18, 1894, c. 144, § 9, 28 Stat. 115. ACT MARCH 2, 1899, c. 351. [As amended 1900.] An Act Authorizing the Terms of the District Court of the United States for the Southern District of Mississippi to be held Here- after at Biloxi. (30 Stat. 977.) Place for terms of courts for southern district, southern division. Be it enacted, &c., That the terms of the district court and circuit court of the United States for the southern district of Mississippi, now required by law to be held at Mississippi City, shall hereafter be held at Biloxi. Act March 2, 1899, c. 351, § 1, 30 Stat. 977. Act May 3, 1900, c. 344, 31 Stat. 165. The amendment of this section by Act May 3, 1900, c. 344, cited above, consists in the insertion, after the words "district court," of the words "and circuit court." Terms of the courts for the southern district in the southern division were appointed by Act April 4, 1888, c. 58, § 1, set forth above. Sec. 2. [Relates to pending causes.] Time of taking effect of act. Sec. 3. That this Act shall take effect immediately upon its passage. Act March 2, 1899, c. 351, § 3, 30 Stat. 977. ACT MARCH 2, 1899, c. 379. An Act to 'Attach Claiborne County, Mississippi, to the Western Division of the Southern Judicial District of Mississippi. (30 Stat. 995.) Additional county transferred to western division, southern district. Be it enacted, &c., That Claiborne County, Mississippi, be, and is hereby, embraced in the western division of the southern district of Mississippi, as fixed by the Act of Congress describing the western division of the southern district of Mississippi, the court thereof being held at Vicksburg, Mississippi. Act March 2, 1899, c. 379, § 1, 30 Stat. 995. The counties included in the western division in the southern dis- trict before this act are enumerated in Act Feb. 28, 1887, c. 279, amend- ed by Act April 11, 1888, c. 81, set forth above. Sec. 2. [Relates to pending causes. ] [MISSOURI.] Sec. 540. [Superseded. Act Feb. 28, 1887, c. 271.] Act March 3, 1857, c. 100, § 1, 11 Stat. 197. This section divided the state of Missouri into an eastern district and a western district. It was amended by Act April 8, 1878, c. 51, 20 Stat. 35, which altered the boundary between the districts; and the western division was subdivided into two divisions by Act Jan. Sec. 540) 385 Tit. 13--THE JUDICIARY —Ch. 1. 21, 1879, c. 20, 20 Stat. 263. But this section and the other previous statutes relating to the subject are superseded by the provisions of Act Feb. 28, 1887, c. 271, set forth below, making a different division, and subdividing both districts so established, the eastern into two divisions, and the western into four divisions. Further alterations in the districts and divisions are made by later statutes, also set forth below. Regular terms of the district courts and the circuit court, for the eastern district at St. Louis, and for the western district at Jefferson, were appointed by Rev. St. $ $ 572, 658. On the establishment in the western district of two divisions by Act Jan. 21, 1879, c. 20, referred to above, terms of the courts for the district were appointed also at Kansas City in the western division. On the alteration of the districts and the further subdivision of each district by Act Feb. 28, 1887, c. 271, mentioned above, the terms previously appointed were continued, and additional terms were appointed, in the eastern district at Hannibal, in the western district at St. Joseph and Springfield, by section 3 of that act. But the provisions of that section are amended, and, as to the divisions of the western district, are superseded, by later statutes set forth or referred to below. On the establishment of a southwestern division in the western district by Act Jan. 24, 1901, c. 164, terms of the courts for the district are appointed to be held at Joplin, in that division, by section 2 of that act, set forth below. ACT FEB. 28, 1887, c. 271. [As amended 1900.] An Act to Amend the Act Dividing the State of Missouri into two Judicial Districts, and to Divide the Eastern and Western Dis- tricts thereof into Divisions, Establish District and Circuit Courts of the United States therein, and Provide for the Times and Places for Holding such Courts, and for Other Purposes. (24 Stat. 424.) Missouri; districts. Be it enacted, &c., That the city of Saint Louis and the following- named counties in the State of Missouri shall constitute the eastern judicial district of Missouri, to wit: Saint Louis, Franklin, Gascon- ade, Jefferson, Crawford, Washington, Saint Francois, Saint Gene- vieve, Dent, Iron, Madison, Perry, Bollinger, Cape Girardeau, Shan- non, Reynolds, Wayne, Scott, Carter, Oregon, Ripley, Butler, Stod- dard, New Madrid, Mississippi, Dunklin, Pemiscot, Montgomery, Lincoln, Warren, Saint Charles, Macon, Adair, Audrain, Clarke, Knox, Lewis, Marion, Monroe, Pike, Ralls, Schuyler, Scotland, , Shelly and Randolph. And all the other counties in the State of . Missouri shall constitute the western judicial district of Missouri. Act Feb. 28, 1887, c. 271, § 1, 24 Stat. 424. This act supersedes Rev. St. § 540, and all other previous provisions relating to judicial districts in the state of Missouri and divisions therein. The county of Audrain, included by this section in the eastern district, is detached therefrom and attached to the central division of the west- ern district by Act May 21, 1888, c. 298, 25 Stat. 153, as amended by Act Oct. i, 1888, c. 1056, set forth below. But subsequently the county, was detached from the western district and again attached to the eastern district by Act Jan. 28, 1897, c. 106, also set forth below. Divisions in districts. Sec. 2. That the eastern judicial district of Missouri is hereby di- vided into two divisions, which shall be known respectively as the LAWS '01-25 386 (Sec. 540 Tit. 13— THE JUDICIARY —Ch. 1. northern and eastern divisions of said eastern district. The city of Saint Louis and the counties of Saint Louis, Franklin, Gasconade, Jefferson Crawford Washington, Saint Francois, Sainte Genevieve, Dent, Iron, Madison, Perry, Bollinger, Cape Girardeau, Shannon, Reynolds, Wayne, Scott, Carter, Oregon, Ripley, Butler, Stoddard, New Madrid, Mississippi, Dunklin, Pemiscot, Montgomery, Lincoln, Warren, and Saint Charles shall constitute the eastern division of said district, the courts for which are now established and held and shall be continued at the city of Saint Louis. The remaining coun- ties within the eastern district shall constitute the northern division of said district, and the courts therefor shall be held at the city of Hannibal. The western judicial district of Missouri shall be divided into four divisions to be known as the Saint Joseph, the western, the central, and the southern divisions. The counties of Clay, Ray, Car- roll, Chariton, Sullivan, Jackson, La Fayette, Saline, Cass, Johnson, Bates, Henry, Vernon, Putnam, Caldwell, Livingston, Grundy, Mer- cer, Linn, Barton, Jasper, and Saint Clair shall constitute the western division, the courts circuit and district for which shall be continued at the city of Kansas. The counties of Atchison, Nodaway, Holt, Andrew, Buchanan, Platte, Clinton, Harrison, Daviess, De Kalb, , Gentry, and Worth shall constitute the Saint Joseph division and the courts therefor shall be held at the city of Saint Joseph. The coun- ties of Cedar, Polk, Dallas, Laclede, Pulaski, Dade, Greene, Webster, Wright, Texas, Lawrence, Christian, Douglass, Howell, Newton, Barry, McDonald, Stone, Taney, and Ozark shall constitute the southern division of said western district, the courts for which shall be held at the city of Springfield. The remaining counties within the said western district shall constitute the central division of said district, and the courts circuit and district therefor shall be contin- ued and held at Jefferson City. Act Feb. 28, 1887, c. 271, § 2, 24 Stat. 424. Terms of courts; juries. Sec. 3. That there shall be, and there are hereby, established a district and circuit court of the United States in each of the several divisions of the said eastern and western districts herein created. That in each division there shall be held two terms of the district and circuit courts in each and every year. The time of holding said terms of court in the city of Saint Louis, in the city of Kansas City, and the city of Jefferson shall be held at the time now estab- lished by law, and in the other divisions herein named the time of holding said terms of court shall be at the city of Hannibal on the first Monday in May and November; * * [Part of section omit- ted superseded. Act April 19, 1892, c. 50.] The district judges for the eastern and western districts of Mis- souri, each in the divisions of the proper district, and the circuit judge of the United States for the eighth judicial circuit, are hereby required to hold the courts aforesaid. Juries shall be summoned for the courts hereby created as now provided by law for the sum- moning of juries in the said districts, and whenever the circuit and district courts in either of said districts or divisions shall be held * Sec. 540) Tit. 13— THE JUDICIARY —Ch. 1. 387 at the same time and place, jurors shall not be summoned for each of said courts, but for both said courts, and they shall act accord- ingly as grand and petit jurors for both said courts. Act Feb. 28, 1887, c. 271, § 3, 24 Stat. 425. Act May 14, 1890, c. 202, 26 Stat. 106. This section, establishing a district court and circuit court in each division of both districts, is amended by Act May 14, 1890, c. 202, to read as here set forth, the amendatory act superseding also the provisions of Act Sept. 26, 1888, c. 1040, 25 Stat. 497, which changed the times of holding the terms of the courts in the western division of the eastern district fixed by section 3, as originally enacted. But the times fixed by this amendment for the terms of the courts in the divisions of the western district were again changed by Act Aug. 29, 1890, c. 818, 26 Stat. 369, which act is superseded by a further change thereof by Act April 19, 1892, c. 50, set forth below. And on the establishment of a southwestern division in the western district by Act Jan. 24, 1901, c. 164, the times for holding terms of the courts in that division are fixed by section 2 of that act, set forth below. Jurisdiction of courts. Sec. 4. That hereafter all suits to be brought in the courts of the United States in Missouri, not of a local nature, shall be brought in the division having jurisdiction over the county where the defend- ants, or either of them reside; but if there be more than one de- fendant, and a part of them reside in different divisions or districts of said State, the plaintiff may sue in either division of either district where one of such defendants resides, and send duplicate writs to the other division or district directed to the marshal of said district, on which said writs shall be endorsed, by the plaintiff or his attor- ney, that the same is a duplicate of the original writ sued out of the court of the proper division and district. Any cause may, by the written consent of both parties or their attorneys of record, be trans- ferred to the court of either division or district, without regard to the residence of the defendants, and whether such cause be now pending or be instituted hereafter. * [Part of section omitted relates to pending causes.] Act Feb. 28, 1887, c. 271, § 4, 24 Stat. 425. Clerks; marshals; district attorneys; process. Sec. 5. That there shall be appointed a clerk for each of said courts at Hannibal, Saint Joseph, City of Kansas and Springfield, and each clerk shall be a resident of the division in which the court of which he is clerk is held; he shall keep an office, and the records, files and documents pertaining to the court of his division, and he shall dis- charge all the duties and receive the fees required or allowed by law. And the marshals and the district attorneys for the said east- ern and western judicial district shall be the marshal and attorney, respectively, for the divisions for their respective district, and shall be allowed the same fees and be subject to the same duties and lia- bilities as may be provided by law; that process issuing out of the courts of either division of said districts shall be directed to the marshal of the district in which the division is located, and may be executed by him or his deputies upon the party or parties against whom issued wherever found within his district; and the marshal * 388 (Sec. 540 Tit. 13— THE JUDICIARY—Ch. 1. of each district shall keep an office and at least one generai deputy residing at the place of holding courts in each division, excepting the division in which he may himself reside. Act Feb. 28, 1887, c. 271, § 5, 24 Stat. 426. Jurisdiction of appeals and writs of error. Sec. 6. [Part of section omitted relates to pending causes And the said circuit and district courts for said divisions shall have the same powers and jurisdiction, with the same right to par- ties to prosecute appeals and writs of error thereupon, as now per- tain to the district and circuit courts for said eastern and western judicial districts. [Part of section omitted relates to past offenses.] Act Feb. 28, 1887, c. 271, § 6, 24 Stat. 426. Sec. 7. [Temporary.] This section required that court rooms, and offices for the clerks, marshals, and attorneys, should be provided, free of expense to the United States for rent therefor, at St. Joseph, Hannibal, and Spring- field; at each of the two places first named until the completion of a public building at such place belonging to the United States. ACT MAY 21, 1888, c. 298. [As amended 1889.] An Act to Detach the County of Audrain, in the State of Mis- , souri, from the Eastern and Attach it to the Western Judicial District of said State. (25 Stat. 153.) Additional county transferred to western district. Be it enacted, &c., That the county of Audrain, in the State of Missouri, be detached from the northern division of the eastern judicial district of Missouri and attached to the central division of the western judicial district of the State of Missouri. Act May 21, 1888, c. 298, § 1, 25 Stat. 153. Act Oct. 1, 1888, c. 1056, 25 Stat. 498. The amendment of this section by Act Oct. 1, 1888, c. 1056, cited above, consists in substituting the section here set forth for that orig- inally enacted, which read: "That the county of Audrain, in the State of Missouri, be detached from the eastern, and attached to the western judicial district of the State of Missouri." This county is subsequently detached from the western district, and again attached to the eastern district, by Act Jan. 28, 1897, c. 106, set forth below. Sec. 2. [Relates to pending causes and past offenses.] ACT APRIL 19, 1892, c. 50. An Act to Change the Times for Holding the Circuit and Dis- trict Courts of the United States for the Western District of Missouri. (27 Stat. 20.) ) Terms of courts for western district. Be it enacted, &c., That from and after the first day of July, eighteen hundred and ninety-two, the terms of the circuit and dis- trict courts of the United States for the western district of Missouri shall begin and be held as follows: At Kansas City, on the fourth Monday in April and the first Monday in November annually. At Sec. 540) 389 Tit. 13— THE JUDICIARY —Ch. 1. Saint Joseph, on the first Monday in March and the third Monday in September annually. At Springfield, on the first Monday in April and the first Monday in October annually. At Jefferson City, on the third Monday in March and the third Monday in October an- nually. Act April 19, 1892, c. 50, § 1, 27 Stat. 20. This act supersedes a series of previous provisions fixing the times for terms of the courts for the western district, the last being Act Aug. 29, 1890, c. 818, 26 Stat. 369, which changed the times fixed for the terms in the western district by Act Feb. 28, 1887, c. 271, § 3, as amended by Act May 14, 1890, c. 202, set forth above. The terms for the courts in the southwestern division in the western district are fixed by Act Jan. 24, 1901, c. 164, § 2, set forth below. Sec. 2. [Relates to pending causes.] Repeal. Sec. 3. That all acts or parts of acts inconsistent herewith are here- by repealed. Act April 19, 1892, c. 50, § 3, 27 Stat. 20. ACT JAN. 28, 1897, c. 106. An Act to Detach the County of Audrain from the Western Dis- trict of Missouri and to Attach the same to the Eastern District of said State of Missouri. (29 Stat. 502.) Additional county transferred to eastern district. Be it enacted, &c., That the county of Audrain, in the State of Missouri, be, and the same is hereby, detached from the western judicial district of the State of Missouri and attached to the eastern judicial district of said State of Missouri. Act Jan. 28, 1897, c. 106, § 1, 29 Stat. 502. The county of Audrain, formerly included in the eastern district, was detached therefrom and attached to the western district by Act May 21, 1888, c. 298, as amended by Act Oct. 1, 1888, c. 1056, set forth above. Process. Sec. 2. That all process, civil and criminal, hereafter issued against persons residing in said county of Audrain shall be made return- able to the courts held at Saint Louis, in the State of Missouri, [Part of section omitted relates to pending causes.] Act Jan. 28, 1897, c. 106, $ 2, 29 Stat. 502. * ACT JAN. 24, 1901, c. 164. An Act to Create a New Division in the Western Judicial District of a the State of Missouri. (31 Stat. 739.) Southwestern division in southern district. Be it enacted, etc., That a new division of the western judicial district of the State of Missouri, to be known as the southwestern division judicial district of Missouri, be, and the same is hereby, established, to be composed of the following counties, to wit: Jas- per, Newton, Barton, Vernon, Barry, Lawrence, McDonald, and Stone; and said counties be, and the same are hereby, transferred 390 (Sec. 540 Tit. 13— THE JUDICIARY-Ch. 1. to said southwestern division of said western district of Missouri; but no additional clerk or marshal shall be appointed in or for said division of said district. Act Jan. 24, 1901, c. 164, § 1, 31 Stat. 739. The divisions of the western district before this act were established by Act Feb. 28, 1887, c. 271, § 2, set forth above, and the terms of the courts therein were fixed by section 3 of that act, and by later statutes, also set forth above. Terms of courts for southern district, southwestern division. Sec. 2. That terms of the circuit court and of the district court of the southwestern division judicial district of Missouri shall be held at Joplin, at said State, each year, on the second Mondays of June and of January, after this Act goes into effect. Act Jan. 24, 1901, c. 164, § 2, 31 Stat. 739. Clerk, marshal, and attorney for southern district, southwestern divi- sion; deputy clerk. Sec. 3. That the clerks of the district and circuit courts for the western district of Missouri, and the marshal and attorney of the United States for said district, shall perform the duties appertaining to their offices, respectively, for said courts of said southwestern division judicial district, and the clerk's office of the said courts shall be at Springfield, where all records of said courts may be kept and all duties performed except when court is in session at Joplin; but should, in the judgment of the district judge, the business of said courts hereafter warrant a deputy clerk at Joplin, Missouri, new books and records may be opened for the courts herein created, and kept at Joplin, and a deputy clerk appointed to reside and keep his office at Joplin. Act Jan. 24, 1901, c. 164, § 3, 31 Stat. 739. Place of bringing suit. Sec. 4. That all suits not of a local nature in said circuit and dis- trict courts against a single defendant, inhabitant of said State, must be brought in the division of the district where he resides; but if there are two or more defendants residing in different divisions of the district such suits may be brought in either division. Act Jan. 24, 1901, c. 164, § 4, 31 Stat. 739. Place of prosecution of offenses. Sec. 5. That all prosecutions for crimes or offenses hereafter com- mitted in either of the divisions of said district shall be cognizable within such division, and all prosecutions for crimes or offenses heretofore committed in the western district of Missouri, as hereto- fore constituted, shall be commenced and proceeded with as if this Act had not been passed. Act Jan. 24, 1901, c. 164, § 5, 31 Stat. 739. Residence of jurors; process. Sec. 6. That all grand and petit jurors summoned for service in each division shall be residents of such division. All mesne and final process, subject to the provisions hereinbefore contained, issued Sec. 540) 391 Tit. 13— THE JUDICIARY —Ch. 1. in either of said divisions, may be served and executed in either or any of the divisions. Act Jan. 24, 1901, c. 164, § 6, 31 Stat. 739. Removal of causes from State courts. Sec. 7. That in all cases of removal of suits from courts of the 7. State of Missouri to the courts of the United States in the western district of Missouri such removal shall be to the United States courts in the division in which the county is situated from which the re- moval is made, and the time within which the removal shall be per- fected, in so far as it refers to or is regulated by the terms of the United States courts, shall be deemed to refer to the terms of the United States courts held in said southwestern division judicial dis- trict. Act Jan. 24, 1901, c. 164, § 7, 31 Stat. 739, Time of taking effect of act; repeal. Sec. 8. That this Act shall be enforced from and after the first day of July, anno Domini nineteen hundred and one, and all Acts or parts of Acts so far as inconsistent herewith are hereby repealed. Act Jan. 24, 1901, c. 164, § 8, 31 Stat. 739. [MONTANA.] ACT JULY 7, 1898, c. 571, $ 1. Montara; terms of courts. That hereafter, and until otherwise provided by law, regular terms of the circuit and district courts of the United States for the district of Montana shall be held at Butte, Montana, on the first Tuesday in February and on the first Tuesday in September in each year, and causes civil or criminal may be transferred by the court or the judge thereof from Helena to Butte or from Butte to Helena, in said district, when the convenience of parties or the ends of justice would be promoted by the transfer, and any interlocutory order may be made by the court or judge thereof in either place. That an Act entitled “An Act to provide for holding terms of court in the district of Montana," approved July twentieth, eighteen hundred and ninety-two, be, and the same is hereby, repealed. * * Act July 7, 1898, c. 571, 30 Stat. 685. The act admitting the State of Montana, with other states, into the Union, constituted the State one judicial district, and provided for hold- ing a circuit court and district court therein, and for the appointment of a district judge and other officers, fixed the terms of the courts, and defined the jurisdiction and powers of the courts and of the judges thereof, and the powers, duties, and fees and compensation of officers; Act Feb. 22, 1889, c. 180, $ 21, 25 Stat. 682. Act July 20, 1892, c. 208, 27 Stat. 252, referred to and repealed by this provision, established a southern division of the district, and appointed terms of the courts at Butte, in that division. 392 (Sec. 540 Tit. 13-— THE JUDICIARY —Ch. 1. * in [NEBRASKA.] ACT AUG. 14, 1888, c. 891. An Act to Provide for Holding Terms of the United States Dis- trict and Circuit Courts in the State of Nebraska. (25 Stat. 443.) Nebraska; terms of courts; juries. Be it enacted, &c., That hereafter there shall be held annually in the State of Nebraska a term of the circuit and district courts of the United States for the district of Nebraska at the times and places following: At Omaha in said State * * * [Parts of section omit- ted superseded. Act Aug. 3, 1894, C. 194.] ; in Lincoln * Hastings * * and in Norfolk and a grand and petit jury may be summoned to serve at each of said terms of court hereby established. Act Aug. 14, 1888, c. 891, § 1, 25 Stat. 443. The State of Nebraska is constituted one judicial district by Rev. St. § 531. Regular terms of the district court and the circuit court at Omaha were appointed by Rev. St. $$ 572, 658. The times fixed thereby for holding such terms were changed, as to the fall term of the district court, by Act Feb. 17, 1877, c. 60, 19 Stat. 232. But these provisions are superseded by this act. The times for terms of the courts fixed by this act are changed by Act Aug. 3, 1894, c. 194, set forth below. Sec. 2. [Relates to pending causes.] * ACT AUG. 3, 1894, c. 194. An Act to Fix the Times and Places for Holding Federal Courts in the State and District of Nebraska. (28 Stat. 221.) Times for terms of courts. Be it enacted, &c., That hereafter terms of the circuit and district courts of the United States within and for the State and district of Nebraska shall be held at the times and places following, that is to say: At Omaha City, on the first Monday in May and the second Monday in November in each year; at the city of Lincoln, on the third Monday in January and the first Monday in October in each year; at the city of Hastings, on the third Monday in April; and at the city of Norfolk, on the fourth Monday in April of each year. Act Aug. 3, 1894, c. 194, § 1, 28 Stat. 221. Before this act regular terms of the courts at the places named were appointed by Act Aug. 14, 1888, c. 891, set forth above. Effect of act on existing laws. Sec. 2. That the passage of this Act shall not operate so as to change any existing law, except as to the change of time for holding said courts. Act Aug. 3, 1894, c. 194, § 2, 28 Stat. 221. Sec. 540) 393 Tit. 13-— THE JUDICIARY —Ch. 1. [NEW HAMPSHIRE.) ACT FEB. 23, 1881, c. 71. An Act to Provide for the Removal of the Terms of the United States Circuit and District Courts now Held at Exeter, for and within the District of New Hampshire, to the City of Concord. (21 Stat. 330.) New Hampshire; terms of courts. Be it enacted, &c., That the terms of the United States circuit and district courts now held at Exeter, for and within the district of New Hampshire, be, and the same hereafter shall be held at Concord in said district. Act Feb. 23, 1881, c. 71, 21 Stat. 330. The state of New Hampshire is constituted one judicial district by Rev. St. § 531. Regular terms of the district court and the circuit court, at Ports- mouth and at Exeter, were appointed by Rev. St. $$ 572, 658. Additional terms of both courts, at Littleton, are provided for by Act March 10, 1892, c. 15, set forth below. ACT MARCH 10, 1892, c. 15. An Act to Provide for a Term of the Circuit and District Court at Littleton, New Hampshire. (27 Stat. 7.) Additional terms of courts. Be it enacted, &c., That hereafter there shall be held annually, on the last Tuesday of August, a term of the circuit and district courts of the United States for the district of New Hampshire, in the town of Littleton, in said district. Act March 10, 1892, c. 15, 27 Stat. 7. [NEW JERSEY.] ACT AUG. 8, 1888, c. 790. An Act Providing for the Holding of the United States Courts in the City of Newark, New Jersey. (25 Stat. 388.) New Jersey; place of trial of cases in circuit and district courts. Be it enacted, &c., That at each term of the circuit and district courts of the United States to be holden in and for the district of New Jersey, it shall be lawful for the judge or judges holding such term upon consent of both parties, or application therefor and and good cause shown by either party to any civil cause set for trial or hear- ing at said term, to order such cause to be heard or tried at the city of Newark, in said district, upon a day set for that purpose by said judge: Provided, Such application shall be made to such judge, either in vacation or term time, at least one week before the date set for the trial of said cause, and on at least five days notice to the opposite party, or his or her counsel; and writs of subpoena to coni pel the attendance of witnesses at said city of Newark may issue, and 394 (Secs. 540-541 Tit. 13—THE JUDICIARY —Ch. 1. jurors summoned to attend said term may be ordered by said judge or judges to be in attendance upon said court in the city of Newark. Act Aug. 8, 1888, c. 790, 25 Stat. 388. The State of New Jersey is constituted one judicial district by Rev. St. § 531. Regular terms of the district court and the circuit court, at Trenton, are appointed by Rev. St. 88 572, 658. [NEW YORK.] Sec. 541. [As amended 1875, 1900.] New York. The State of New York is divided into four districts, which shall be called the western, northern, eastern, and southern districts of New York. The western district includes the counties of Allegany, Cattaraugus, Chautauqua, Chemung, Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Schuyler, Seneca, Steuben, Wayne, Wyoming, and Yates, with the waters thereof. The north- ern district includes the counties of Albany, Broome, Cayuga, Che- nango, Clinton, Cortland, Delaware, Essex, Franklin, Fulton, Ham- ilton, Herkimer, Jefferson, Lewis, Madison, Montgomery, Oneida, Onondaga, Oswego, Otsego, Rensselaer, Saint Lawrence, Saratoga, Schenectady, Schoharie, Tioga, Tompkins, Warren, and Washington, with the waters thereof. The eastern district includes the counties of Richmond, Kings, Queens, Nassau, and Suffolk, with the waters thereof. The southern district includes the residue of said State, with the waters thereof. Act April 9, 1814, c. 49, § 1, 3 Stat. 120. Act April 3, 1818, c. 32, $ 3, 3 Stat. 414. Act Feb. 25, 1865, c. 54, § 1, 13 Stat. 438. Act Feb. 18, 1875, c. 80, 18 Stat. 317. Act May 12, 1900, c. 391, § 1, 31 Stat. 175. This section, as enacted in the Revised Statutes, divided the State of New York into a northern district, an eastern district, and a south- ern district. The northern district included "the counties of Rensselaer, Albany, Schoharie, and Delaware, with all the counties north of them.” By amendment of the section, by Act Feb. 18, 1875, c. 80, 18 Stat. 317, the words "and west” were inserted after the word "north" in this part of the section. The eastern district included “the counties of Richmond, Kings, Queens, and Suffolk, with the waters thereof." The southern district included "the residue of said state, with the waters thereof." The amendment of the section by Act May 12, 1900, c. 391, consists in the establishment of a western district, including part of the counties previously in the northern district, the other counties remain- ing in the northern district, and the eastern district and southern district remaining unchanged; as the county of Nassau, added in the enumeration of counties in the district, was formed from territory previously contained in other counties in that district. Regular terms of the district court and the circuit court for the northern district at several places therein, with provisions for an additional term of the district court, in the discretion of the judge, and for adjourned terms of the circuit court, and regular terms of both courts for the southern district at the City of New York, and for the eastern district at Brooklyn, were appointed by Rev. St. $8 572, 658. The provisions of both sections relating to the northern district were amended by Act March 23, 1882, c. 48, 22 Stat. 32; and these Sec. 541) 395 Tit. 13— THE JUDICIARY – Ch. 1. provisions are repealed and the sections amended by inserting new provisions for terms of both courts in the northern district and the western district, by sections 3 and 4 of Act May 12, 1900, c. 391, which establishes the western district. Various provisions relating to the courts for the districts in New York, their jurisdiction, organization, terms, and proceedings, are con- tained in Rev. St. $$ 542, 597, 599, 600, 613, 657, 659. Provisions relat- ing to the courts for the western district contained in Act May 12, 1900, c. 391, are set forth below. ACT MAY 12, 1900, c. 391. Act to Amend the Revised Statutes of the United States Re- lating to the Northern District of New York, to Divide the Same into Two Districts, and Provide for the Terms of Court to be Held Therein and the Officers Thereof and the Disposition of Pending Causes. (31 Stat. 175.) Be it enacted, etc. [Section 1 amends Rev. St. $ 541.] The amendments by sections 1, 3, and 4 of this act, of particular sec- tions of the Revised Statutes, are incorporated in the sections so amended respectively. District judge for western district. Sec. 2. That the President of the United States, by and with the advice and consent of the Senate, shall appoint a district judge for the western district of New York, who shall possess and exercise all the powers conferred by existing law upon the judges of the district courts of the United States, and who shall, as to all business and proceedings arising in said western district as hereby constituted or transferred thereto, succeed to and possess the same powers and perform the same duties within the said western district as are now possessed and performed by the district judge for the northern dis- trict of New York. Act May 12, 1900, c. 391, § 2, 31 Stat. 175. Sec. 3. [Amends Rev. St. § 572.] Sec. 4. [Amends Rev. St. $ 658.] Terms of district court for western district in bankruptcy and ad- miralty; process in admiralty. Sec. 5. That regular sessions of the district court for the western 5 district of New York, for the hearing of motions and for proceed- ings in bankruptcy and the trial of causes in admiralty, shall be held at the city of Buffalo at least two weeks in each month of the year except August unless the business is sooner disposed of. The times for holding the same, and such other special sessions as the court shall deem necessary, shall be fixed by rules of the court. cess in admiralty causes and proceedings in the western district of New York shall be made returnable at Buffalo. Act May 12, 1900, c. 391, § 5, 31 Stat. 176. District judge for northern district; clerk of circuit court for northern district. Sec. 6. That the district judge of the northern district of New York in office at the time this Act takes effect shall continue to be the . All pro- 396 (Sec. 541 Tit. 13– THE JUDICIARY -Ch. 1. district judge for the northern district of New York as constituted by this Act. That the clerk of the circuit court for the northern district of New York in office at the time this Act takes effect shall continue to be clerk of the circuit court of the northern district as constituted by this Act until his successor shall be appointed and qualified, and said clerk of said circuit court or his successor shall likewise be clerk of the district court of that district until a clerk of said district court shall be appointed and qualified. Act May 12, 1900, c. 391, § 6, 31 Stat. 176. Clerk of district court for western district. Sec. 7. That the present clerk of the district court for the northern district of New York as heretofore constituted shall be the clerk of the district court of the western district of New York as hereby constituted until his successor is appointed and qualified. He shall also be the clerk of the circuit court in the said western district hereby constituted until a clerk of said circuit court is duly appointed and qualified. Act May 12, 1900, c. 391, § 7, 31 Stat. 176. Place of prosecution of offenses. Sec. 8. That all prosecutions for crimes or offenses hereafter com- mitted in either of said districts shall be cognizable within the dis- trict in which committed. Act May 12, 1900, c. 391, § 8, 31 Stat. 176. Officers for northern district. Sec. 9. That all other officers who have been heretofore appointed for the northern district of New York as heretofore constituted who shall be in office at the time of the taking effect of this Act and who reside therein as hereby constituted shall continue in office as officers of the district of their residence until the expiration of their respective terms, or until their successors are appointed and quali- fied, and shall perform the same duties and receive the same salary and compensation as heretofore. All officers not residing in said northern district as hereby con- stituted shall cease to be officers of said northern district when their successors, respectively, for the northern district as hereby consti- tuted are duly appointed and qualified. The office of marshal and district attorney in each of said districts, deputy marshals and as- sistant district attorneys, and all other officers authorized by law and made necessary by the creation of said western district and the provisions of this Act, and all vacancies created thereby in either of said districts, shall be filled in the manner provided by existing law. The salaries, pay, fees, and allowances of the judges, district attor- neys, marshals, and other officers in said districts, until changed un- der the provisions of existing law, shall be the same, respectively, as now fixed for such officers in the northern district of New York. Act May 12, 1900, c. 391, § 9, 31 Stat. 176. Sec. 10. [Relates to pending causes.] Secs. 542-543) 397 Tit. 13— THE JUDICIARY —Ch. 1. Sec. 542. Jurisdiction over waters near city of New York. The district courts of the southern and eastern districts of New York shall have concurrent jurisdiction over the waters within the counties of New York, Kings, Queens, and Suffolk, and over all seizures made and all matters done in such waters; and all processes or orders issued out of either of said courts, or by any judge there- of, shall run and be executed in any part of the said waters. Act Feb. 25, 1865, c. 54, § 2, 13 Stat. 438. [NORTH CAROLINA.] Sec. 543. North Carolina. The State of North Carolina is divided into two districts, which shall be called the eastern and western districts of North Carolina. The western district includes the counties of Mecklenburg, Cabar- ras, Stanly, Montgomery, Richmond, Davie, Davidson, Randolph, Guilford, Rockingham, Stokes, Forsyth, Union, Anson, Caswell, Per- son, Alamance, Orange, Chatham, Moore, Clay, Cherokee, Swain, Macon, Jackson, Graham, Haywood, Transylvania, Henderson, Bun- combe, Madison, Yancey, Mitchell, Watauga, Ashe, Alleghany, Cald- well, Burke, McDowell, Rutherford, Polk, Cleveland, Gaston, Lin- coln, Catawba, Alexander, Wilkes, Surry, Iredell, Yadkin, and Row- an, and all territory embraced therein which may hereafter be erected into new counties. The eastern district includes the residue of said State. Act June 4, 1872, c. 282, 88 1, 3, 17 Stat. 215. The division into districts by this section is altered by the transfer of several counties from the western district to the eastern district by Act Aug. 9, 1894, c. 244, set forth below. Regular terms of the district courts for the eastern district at Eliza- beth City, Newbern, and Wilmington, and for the western district at Greensboro, Statesville, and Asheville, were appointed by Rev. St. $ 572, and of the circuit court, for the eastern district at Raleigh, and for the western district at Greensboro, Statesville, and Asheville, by Rev. St. $ 658. Additional terms of both courts for the western district at Charlotte are appointed by Act June 19, 1878, c. 322, set forth below. Terms of the circuit court for the eastern district at Wilming- ton, at the times fixed for the terms of the district court at that place, were authorized by Act Feb. 17, 1887, c. 137, 24 Stat. 406. But this provision and the provisions of Rev. St. $$ 572, 658, relating to the terms of the district court for the eastern district, are superseded by the general provisions fixing the times for the terms of the courts for that district, contained in Act Aug. 9, 1894, c. 244, 88 2, 3, set forth below. ACT JUNE 19, 1878, c. 322. An Act to Provide for the Holding of Terms of the District and Circuit Courts of the United States at City of Charlotte, North Carolina. (20 Stat. 173.) Additional terms of courts for western district. Be it enacted, &c., That additional terms of the district and cir- 398 (Sec. 543 Tit. 13—THE JUDICIARY –Ch. 1. cuit courts of the United States for the western district of North Carolina shall hereafter be held in the city of Charlotte, in said State, and that said terms shall commence respectively on the second Monday of June and the second Monday of December in each and every year and shall continue until the business is disposed of. That this act take effect from and after its passage. Act June 19, 1878, c. 322, 20 Stat. 173. Before this act, terms of the courts for the western district were fixed by Rev. St. $8 572, 658. ACT AUG. 9, 1894, c. 244. An Act to Change the Lines Between the Eastern and Western Judicial Districts of North Carolina and Fixing Time for Hold- ing Courts in said Eastern District. (28 Stat. 274.) Counties transferred to eastern district. Be it enacted, &c., That the counties of Person, Durham, Chatham, and Moore, and Richmond, now constituting a part of the western judicial district of North Carolina, shall be, and are hereby, trans- ferred to and made part of the eastern judicial district of North Carolina; * * [Part of section omitted relates to past offenses and pending causes.] Act Aug. 9, 1894, c. 244, § 1, 28 Stat. 274. Terms of district court for eastern district. Sec. 2. That the sessions of the district courts of the United States for the eastern district of North Carolina as herein constituted shall begin and be held at the city of Raleigh on the fourth Monday of May and first Monday of December of each year; and at the city of Wilmington on the first Monday after the fourth Monday in April and October of each year; and at the city of Newbern on the fourth Monday in April and October of each year; and at Elizabeth City on the third Monday in April and October of each year. Act Aug. 9, 1894, c. 244, § 2, 28 Stat. 275. This section supersedes the provisions of Rev. St. & 572, appointing terms of the district court for the eastern district. Terms of circuit court for eastern district. Sec. 3. That the regular terms of the circuit court shall be held at Raleigh on the fourth Monday in May and first Monday in De- cember in each year, and at Wilmington on the first Monday after the fourth Monday in April and October of each year. Act Aug. 9, 1894, c. 244, § 3, 28 Stat. 275. This section supersedes the provisions of Rev. St. $ 658, and of Act Feb. 17, 1887, c. 137, 24 Stat. 406, appointing terms of the circuit court for the eastern district. Time of taking effect of act. Sec. 4. That this Act shall take effect on and after October fif- teenth, eighteen hundred and ninety-four. Act Aug. 9, 1894, c. 244, § 4, 28 Stat. 275. Sec. 543) 399 Tit. 13— THE JUDICIARY--Ch. 1. [NORTH DAKOTA.) ACT APRIL 26, 1890, c. 161. [As amended 1895.] An Act to Divide the Judicial District of North Dakota. (26 Stat. 67.) ( North Dakota; one district. Be it enacted, &c., That the State of North Dakota shall constitute one judicial district. Act April 26, 1890, c. 161, § 1, 26 Stat. 67. The act admitting the State of North Dakota, with other States, into the Union, constituted the State one judicial district, and provided for holding circuit and district courts therein, and for the appointment of a district judge and other officers, and defined the jurisdiction and powers of the courts and of the judges thereof, and the powers, duties, and fees and compensation of officers. Act Feb. 22, 1889, c. 180, $ 21, 25 Stat. 682. The fees and compensation of officers in the district are fixed by Act Feb. 4, 1895, c. 55, § 2, set forth below. Divisions in district. Sec. 2. That for the purpose of holding terms of the district court said district shall be divided into four divisions, to be known as the Southwestern, Southeastern, Northeastern, and Northwestern divi- sions; That portion of the State comprising the present counties of Burleigh, Stutsman, Logan, McIntosh, Emmons, Kidder, Foster, Wells, McLean, and all the territory in said State of North Dakota lying south and west of the Missouri river shall constitute the South- western Division, the court for which shall be held at the city of Bismarck. That portion of the State comprising the present coun- ties of Cass, Richland, Barnes, Dickey, Sargent, La Moure, Ran- som, Griggs and Steele shall constitute the Southeastern Division, the court for which shall be held at the city of Fargo. That portion of the State comprising the present counties of Grand Forks, Traill, Walsh, Pembina, Cavalier, and Nelson shall constitute the North- eastern Division, the court for which shall be held at the city of Grand Forks. That portion of the State comprising the present counties of Ramsey, Eddy, Benson, Towner, Rolette, Bottineau, Pierce, McHenry, and Ward, and all the territory in said State of North Dakota lying north of the said Southwestern Division, shall constitute the Northwestern Division, the court for which shall be held at the city of Devil's Lake. Act April 26, 1890, c. 161, § 2, 26 Stat. 67. Terms of district court. Sec. 3. That the terms of the district court for the district of North Dakota shall be held at Bismarck on the first Tuesday of March in each year; at Fargo on the third Tuesday of May in each year; at Grand Forks on the second Tuesday of November in each year, and at Devil's Lake on the first Tuesday of July in each year. And the provisions of law now existing for the holding of said court on 400 (Sec. 543 Tit. 13-— THE JUDICIARY --Ch. 1. the first Monday in April and February of each year is hereby re- pealed. Act April 26, 1890, c. 161, $ 3, 26 Stat. 68. Act Feb. 4, 1895, c. 55, 28 Stat. 642. The amendment of this section by Act Feb. 4, 1895, c. 55, cited above, consists in changing the times fixed for terms of the district court to those set forth here. Place of bringing suit, and of trial of issues of fact. Sec. 4. That all civil suits not of a local character now pending or which shall be brought in the district or circuit courts of the United States for the district of North Dakota, in either of the said divi- sions against a single defendant, or where all the defendants reside in the same divisions of said district, shall be brought in the division in which the defendant or defendants reside, or, if there are two or inore defendants residing in different divisions, such suit may be brought in either division, and all mesne and final process subject to the provisions of this act, issued in either of said divisions, may be served and executed in either or all of said divisions. All issues of fact in civil causes triable in any of the said courts shall be tried in the division where the defendant or one of the de- fendants reside, unless by consent of both parties the case shall be removed to some other division. Act April 26, 1890, c. 161, § 4, 26 Stat. 68. Terms of circuit court; juries. Sec. 5. That the circuit court of the United States for the said district shall be held at Bismarck on the first Tuesday of March in each year, and at Fargo on the third Tuesday of May in each year, and at Grand Forks on the second Tuesday of November of each year, and at Devil's Lake on the first Tuesday of July of each year. When the circuit court and district court is held, as provided in this Act, at the same time and place, one grand and one petit jury only shall be summoned and serve in both said courts : [Part of section omitted relates to pending causes.] Act April 26, 1890, c. 161, § 5, 26 Stat. 68. Act Feb. 4, 1895, c. 55, 28 Stat. 642. The amendmert of this section by Act Feb. 4, 1895, c. 55, cited above, consists in changing the times fixed for terms of the circuit court to those set forth here. Deputy clerks. Sec. 6. That the clerk of the circuit and district courts for said district shall each appoint a deputy clerk at the place where their respective courts are required to be held in the division of the dis- trict in which such clerk shall not himself reside, each of whom shall, in the absence of the clerk, exercise all the powers and per- form all the duties of clerk within the division for which he shall be appointed: Provided, That the appointment of such deputies shall be approved by the court for which they shall have been respectively appointed, and may be annulled by such court at its pleasure, and the clerks shall be responsible for the official acts and negligence of all such deputies. Act April 26, 1890, c. 161, $ 6, 26 Stat. 68. Secs. 543–544) 401 Tit. 13– THE JUDICIARY --Ch. 1. ACT FEB. 4, 1895, c. 55. An Act to Amend an Act Entitled “An Act to Divide the Judicial District of North Dakota” and to Provide for the Fees and Compensation of the Officers of the Circuit and District Courts of the said Judicial District. (28 Stat. 642.) Be it enacted, etc. [Section I amends Act April 26, 1890, c. 161, $$ 3, 5.] Fees and compensation of officers. Sec. 2. The marshal, district attorney, and clerks of the circuit and district courts of said district, and all other officers and persons performing duties in the administration of justice therein, shall, for the services they may perform, receive the fees and compensation allowed by law to other similar officers and persons performing sim- ilar duties in the State of Oregon. Act Feb. 4, 1895, c. 55, 28 Stat. 642. [OHIO.] Sec. 544. . Ohio. The State of Ohio is divided into two districts, which shall be called the northern and southern districts of Ohio. The southern district includes the counties of Belmont, Guernsey, Muskingum, Licking, Franklin, Madison, Champaign, Shelby, and Mercer, as they existed February 10, 1855, with all the counties south of them. The northern district includes the residue of said State. Act Feb. 10, 1855, c. 73, § 1, 10 Stat. 604. The division into districts by this section is altered by the transfer of several counties from the northern district to the southern district by Act Feb. 4, 1880, c. 18, and Act March 2, 1891, c. 493, set forth below. Each district is subdivided into an eastern division and a west- ern division; the northern district by Act June 8, 1878, c. 169, and the southern district by Act Feb. 4, 1880, c. 18, set forth below. Regular terms of the district court, for the northern district at Cleveland and two terms at Toledo at times to be fixed by the judge of the district, for the southern district at Cincinnati, are appointed by Rev. St. § 572; and of the circuit court, for the northern district at Cleveland, for the southern district at Cincinnati, by Rev. St. $ 658. On the subdivision of the northern district by Act June 8, 1878, c. 169, regular terms of both courts were appointed at Toledo in the western division by section 1 of that act, set forth below, repealing the existing provisions for terms of the district court at that place. So, also, on the subdivision of the southern district, by Act Feb. 4, 1880, c. 18, terms of both courts at Columbus, in the eastern division, were appointed by section 2 of that act, set forth below. But the times for such terms in the northern district, fixed by Rev. St. $ 572, and Act June 8, 1878, c. 169, mentioned above, are changed by Act July 27, 1882, c. 351, set forth below. ACT JUNE 8, 1878, c. 169. An Act to Provide for Circuit and District Courts of the United States at Toledo, Ohio. (20 Stat. 101.) Additional terms of courts for northern district; juries; repeal. Be it enacted, &c., That a term of the circuit court and district LAWS '01-26 402 (Sec. 544 Tit. 13— THE JUDICIARY —Ch. 1. court for the northern district of Ohio shall be held at Toledo, in said State, on the first Tuesday of the months of June and Decem- ber in each year, and one grand jury and one petit jury only shall be summoned, and serve in both of said courts at each term thereof. And the existing provisions of law fixing the times of holding the district court at Toledo are hereby repealed. Act June 8, 1878, c. 169, § 1, 20 Stat. 101. The provisions fixing the times of holding the district court at Toledo, repealed by section 1 of this act, are contained in Rey. St. S 572, authorizing two terms at Toledo "to be held at such times as shall be fixed by the judge of said district.” But the times fixed for terms of the courts at Cleveland, by Rev. St. $ 572, and at Toledo, by this act, are changed by Act July 27, 1882, c. 351, set forth below. Divisions in northern district. Sec. 2. Said northern district shall be, and hereby is, divided into two divisions, to be known as the eastern and the western division of the northern district of Ohio. The western division shall consist of twenty-four counties, to wit; Williams, Defiance, Paulding, Van Wert, Mercer, Auglaize, Allen, Putnam, Henry, Fulton, Lucas, Wood, Hancock, Hardin, Logan, Union, Delaware, Marion, Wyandot, Sen- eca, Sandusky, Ottawa, Erie, and Huron; and the eastern division shall consist of the remaining counties in said district. But no ad- ditional clerk or marshal shall be appointed in said district. Act June 8, 1878, c. 169, § 2, 20 Stat. 102. Some of the counties included in the divisions established by this section are transferred to the southern district by Act Feb. 4, 1880, c. 18, § 1, and Act March 2, 1891, c. 493, § 1, set forth below. Place of bringing suit, and of trial of issues of fact. Sec. 3. All suits not of a local nature in the circuit and district courts, against a single defendant, inhabitant of such State, must be brought in the division of the district where he resides; but if there are two or more defendants, residing in different divisions of the dis- trict, such suits may be brought in either division. All issues of fact in such suits shall be tried at a term of the court held in the division where the suit is so brought. Act June 8, 1878, c. 169, § 3, 20 Stat. 102. Place of prosecution of offenses. Sec. 4. All offenses committed in either of the subdivisions shall be cognizable and indictable within said division. Act June 8, 1878, c. 169, § 4, 20 Stat. 102. Sec. 5. [Relates to pending causes.] Residence of jurors; process. Sec. 6. All grand and petit jurors summoned for service in each division shall be residents of such division. All mesne and final pro- cess, subject to the provisions hereinbefore contained, issued in ei- ther of said divisions, may be served and executed in either or both of the divisions. Act June 8, 1878, c. 169, $ 6, 20 Stat. 102. Sec. 544) 403 Tit. 13— THE JUDICIARY —Ch. 1. Time of taking effect of act; repeal. Sec. 7. This act shall be in force from and after the first day of September, anno Domini eighteen hundred and seventy-eight. And all acts and parts of acts inconsistent herewith are hereby repealed. Act June 8, 1878, c. 169, § 7, 20 Stat. 102. ACT FEB. 4, 1880, c. 18, $$ 1-9. An Act to Provide for Circuit and District Courts of the United States at Columbus, Ohio, and Transferring certain Counties from the Northern to the Southern District in said State. (21 Stat. 63.) Counties transferred to southern district. Be it enacted, &c., That the counties of Union, Delaware, Mor- row, Knox, Coshocton, Harrison, and Jefferson, heretofore com- posing a part of the northern district of Ohio, be transferred to, and henceforth form a part of, the southern district of Ohio. Act Feb. 4, 1880, c. 18, § 1, 21 Stat. 63. Section 1 of this act alters the division of the state into districts by Rev. St. $ 544. The county of Logan is detached from the northern district and at- tached to the eastern division of the southern district by Act March 2, 1891, c. 493, set forth below. Terms of courts for southern district. Sec. 2. A term of the circuit court and of the district court for the southern district of Ohio shall be held at Columbus in said State on the first Tuesday of the months of June and December in each year. Act Feb. 4, 1880, c. 18, 82, 21 Stat. 64. Before this act, terms of the courts for the southern district at Cin- cinnati were appointed by Rev. St. 88 572, 658. Divisions in southern district. Sec. 3. Said southern district shall be, and hereby is, divided into 3 two divisions, to be known as the eastern and the western division of the southern district of Ohio. The eastern division shall consist of twenty-nine counties, to wit: Union, Delaware, Morrow, Knox, Coshocton, Harrison, Jefferson, Madison, Fayette, Franklin, Pick- away, Ross, Pike, Gallia, Jackson, Meigs, Vinton, Athens, Hocking, Fairfield, Licking, Perry, Muskingum, Morgan, Washington, Noble, Monroe, Belmont, and Guernsey; and the western division shall consist of the remaining counties in said district. But no additional clerk or marshal shall be appointed in said district. Act Feb. 4, 1880, c. 18, $ 3, 21 Stat. 64. Place of bringing suit, and of trial of issues of fact. Sec. 4. All suits not of a local nature in the circuit and district courts against a single defendant, inhabitant of said State, must be brought in the division of the district where he resides; but if there are two or more defendants residing in different divisions of the district, such suits may be brought in either division. All issues of 404 (Sec. 544 Tit. 13-THE JUDICIARY-Ch. 1. fact in said suits shall be tried at a term of the court held in the division where the suit is so brought. Act Feb. 4, 1880, c. 18, § 4, 21 Stat. 64. Place of prosecution of offenses. Sec. 5. All prosecutions for crimes or offenses hereafter committed in either of the sub-divisions shall be cognizable within such divi- sion; and all prosecutions for crimes or offenses heretofore com- mitted within either of said counties taken as aforesaid from the northern district, or committed in the southern district as hitherto constituted, shall be commenced and proceeded with as if this act had not been passed. Act Feb. 4, 1880, c. 18, § 5, 21 Stat. 64. Sec. 6. [Relates to pending causes.] Residence of jurors; process. Sec. 7. All grand and petit jurors summoned for service in each division shall be residents of such division. All mesne and final pro- cess subject to the provisions hereinbefore contained issued in either of said divisions may be served and executed in either or both of the divisions. Act Feb. 4, 1880, c. 18, § 7, 21 Stat. 64. Removal of causes from State courts. Sec. 8. In all cases of removal of suits from the courts of the State of Ohio to the courts of the United States in the southern district of Ohio, such removal shall be to the United States courts in the division in which the county is situated from which the removal is made; and the time within which the removal shall be perfected in so far as it refers to or is regulated by the terms of the United States courts, shall be deemed to refer to the terms of the United States courts in such division. Act Feb. 4, 1880, c. 18, § 8, 21 Stat. 64. Time of taking effect of act; repeal. Sec. 9. This act shall be in force from and after the first day of March, anno Domini eighteen hundred and eighty; and all acts and parts of acts inconsistent herewith are hereby repealed. Act Feb. 4, 1880, c. 18, § 9, 21 Stat. 64. ACT JULY 27, 1882, c. 351. An Act to Fix the Times for Holding Terms of the Circuit and District Courts of the United States, in the Northern District of Ohio. (22 Stat. 176.) Terms of courts for northern district; repeal. Be it enacted, &c., That the sessions of the Circuit and District Courts of the United States in the Northern District of Ohio, shall begin and be held as follows: In Cleveland, in the eastern division, on the first Tuesday of February, April, and October of each year ; and in Toledo in the western division, on the first Tuesday of June Secs. 544-545) 405 Tit. 13— THE JUDICIARY —Ch. 1. and December of each year. All acts and parts of acts inconsistent herewith, are hereby repealed. Act July 27, 1882, c. 351, 22 Stat. 176. This act supersedes the previous provisions fixing the times for terms of the courts for the northern district contained in Rev. St. & 572, and Act June 8, 1878, c. 169, § 1, set forth above. ACT MARCH 2, 1891, c. 493. An Act to Detach the County of Logan, in the State of Ohio, from the Northern and attach it to the Southern Judicial District of said State. (26 Stat. 799.) Additional county transferred to southern district. Be it enacted, &c., That the county of Logan, in the State of Ohio, be detached from the northern and attached to the southern judicial district of the State of Ohio and assigned to the eastern subdivision therein. Act March 2, 1891, c. 493, § 1, 26 Stat. 799. Other counties were transferred from the northern district, as de- fined by Rev. St. $ 544, to the southern district, and included in the eastern division thereof, by Act Feb. 4, 1880, c. 18, set forth above. Sec. 2. [Relates to pending causes and past offenses.] [PENNSYLVANIA.] Sec. 545. Pennsylvania. The State of Pennsylvania is divided into two districts, which shall be called the eastern and western districts of Pennsylvania. The western district includes the counties of Fayette, Greene, Washing- ton, Allegheny, Westmoreland, Somerset, Bedford, Huntingdon, Centre, Mifflin, Clearfield, McKean, Potter, Jefferson, Cambria, In- diana, Armstrong, Butler, Beaver, Mercer, Crawford, Venango, Erie, Warren, Susquehanna, Bradford, Tioga, Union, Northumberland, Columbia, Luzerne, and Lycoming, as they existed April 20, 1818. The eastern district includes the residue of said State. Act April 20, 1818, c. 108, § 1, 3 Stat. 462. Act May 26, 1824, c. 170, 81, 4 Stat. 50. The division into districts by this section is altered by the detaching of several counties from the eastern and western districts to constitute a middle district, by Act March 2, 1901, c. 801, set forth below. Regular terms of the district courts and the circuit court, for the eastern district at Philadelphia, for the western district at Pittsburg, Williamsport, and Erie, were appointed by Rev. St. 88 572, 658. And additional terms of both courts for the western district at Scranton were appointed by Act Aug. 5, 1886, c. 931, 24 Stat. 336. But these provisions, and the provisions of Rev. St. $$ 572, 658, relating to terms of the courts at Williamsport, are superseded by the appointment of terms of the courts for the middle district at Scranton, Williamsport, and Harrisburg, by Act March 2, 1901, c. 801, § 2, set forth below. ACT MARCH 2, 1901, c. 801. An Act to Create a New Federal Judicial District in Pennsylvania, to be Called the Middle District. (31 Stat. 880.) Middle district. Be it enacted by the Senate and House of Representatives of the 406 (Sec. 545 Tit. 13— THE JUDICIARY --Ch. 1. United States of America in Congress assembled, That the counties of Lackawanna, Wyoming, Bradford, Monroe, Wayne, Pike, Susque- hanna, Carbon, Tioga, Potter, Cameron, Clinton, Lycoming, Center, Union, Snyder, Mifflin, Juniata, Northumberland, Montour, Colum- bia, Sullivan, Luzerne, Dauphin, Lebanon, Perry, Huntingdon, Ful- ton, Franklin, Adams, York, and Cumberland, in the State of Penn- sylvania, are hereby detached from the eastern and western districts of said State and shall henceforth constitute and compose a judicial district to be known as the middle district of Pennsylvania, and a cir- cuit and a district court of the United States are hereby established therein. Act March 2, 1901, c. 801, § 1, 31 Stat. 880. Terms of court for middle district. Sec. 2. That the said middle district of Pennsylvania shall be at- tached to and constitute part of the third judicial circuit, and terms of said circuit and district courts shall be held therein as follows, to wit: At the city of Scranton, in the county of Lackawanna, on the first Monday of March and first Monday of October in each year; at the city of Williamsport, in the county of Lycoming, on the second Monday of January and second Monday of June in each year; at the city of Harrisburg, in the county of Dauphin, on the first Mon- day of May and second Monday of November in each year, the ses- sions of said courts to continue for such periods of time as the judges thereof shall, by their prior order, determine; and adjourned terms, sittings, and sessions may be held when the business shall, in the opin- ion of such courts, respectively, require it. Act March 2, 1901, c. 801, § 2, 31 Stat. 880. District judge and officers for middle district. Sec. 3. That the President, by and with the advice and consent of the Senate, shall appoint for said middle district a district judge, a marshal, and district attorney; and clerks for the said circuit and district courts shall be appointed in the same manner as is now pro- vided by law with regard to such officers in the western district of Pennsylvania. Act March 2, 1901, c. 801, $ 3, 31 Stat. 881. Jurisdiction of courts for middle district. Sec. 4. That the courts and judges of said middle district shall, within said district, respectively possess the same jurisdiction and powers, civil, criminal, equitable, or otherwise, and perform the same duties as are now respectively possessed and performed by the circuit and district courts and judges of the United States of the western district of Pennsylvania. Act March 2, 1901, c. 801, § 4, 31 Stat. 881. Salary of district judge, and fees and compensation of officers for mid- dle district. Sec. 5. That the district judge of the said middle district shall re- ceive the same compensation as is now by law provided for the dis- trict judge of the western district of Pennsylvania; and the marshal, Secs. 515-546) 407 Tit. 13– THE JUDICIARY —Ch. 1. district attorney, and clerks of the circuit and district courts shall severally possess the powers and perform the duties lawfully pos- sessed and performed by the like officers in the said western district, and shall be, respectively, entitled to like fees, compensation, and emoluments; and until otherwise provided by law the salaries herein prescribed or provided for shall be paid out of any money in the Treasury not otherwise appropriated. Act March 2, 1901, c. 801, § 5, 31 Stat. 881. Additional special terms of courts for middle district. Sec. 6. That the said circuit and district courts, or either of them, may from time to time, in their discretion, appoint special terms of , court, civil or criminal, and require grand, traverse, or petit juries, or all of them, to attend the same, by an order to be entered of record thirty days before the day at which such term shall convene, and at such special terms shall have all the powers which they respectively have at the regular terms appointed by law: Provided, however, That no special term of said circuit court shall be appointed except upon the order of the circuit judge or of the associate judge of the supreme court allotted to the third judicial circuit. Act March 2, 1901, c. 801, § 6, 31 Stat. 881. Existing laws not affected by act. Sec. 7. That the jurisdiction and authority of the courts and officers of the eastern and western districts of Pennsylvania over the territory embraced within the said middle district shall continue as heretofore constituted and established up to the day of the organization of the courts of said middle district, but shall thereafter cease and determine, except as hereinafter provided in regard to crimes and misdemeanors theretofore committed therein; but any lien acquired by virtue of a decree, judgment, execution, attachment, seizure, or otherwise upon property situate or being within the said middle district shall not be divested or affected by this Act: Provided, That to enforce the same, certified copies of the record thereof shall be taken and entered in the proper court of the said middle district, and thereafter like proceed- ings shall be had thereon as though the same had been originally entered in such court. Act March 2, 1901, c. 801, 87, 31 Stat. 881. Sec. 8. [Relates to past offenses.] Sec. 9. [Relates to pending causes.] Sec. 10. [Temporary.] Section 10 of this act contained provisions for the organization and first session of the courts for the middle district at Harrisburg, and for temporary accommodation of said courts at the several cities appointed for holding them, and offices for keeping the records thereof. [SOUTH CAROLINA.] Sec. 546. South Carolina. The State of South Carolina is divided into two districts, which shall be called the eastern and western districts of the district of South 408 (Sec. 546 Tit. 13--THE JUDICIARY —Ch. 1. Carolina. The western district includes the counties of Lancaster, Chester, York, Union, Spartanburgh, Greenville, Pendleton, Abbe- ville, Edgefield, Newberry, Laurens, and Fairfield, as they existed February 21, 1823. The eastern district includes the residue of said State. Act Feb. 21, 1823, c. 11, § 1, 3 Stat. 726. Regular terms of the district courts, for the eastern district at Charles- ton, for the western district at Greenville, were appointed by Rev. St. $ 572; and of the circuit court for the eastern district at Charleston and Columbia, by Rev. St. $ 658; the district court for the western dis- trict having the jurisdiction of a circuit court, of all cases except appeals and writs of error, under Rev. St. § 571. But the provision conferring on the district court circuit court powers was repealed on the establish- ment of a circuit court for the western district by Act Feb. 6, 1889, c. 113, § 5, post, under Rev. St. $ 608, and terms of the circuit court were directed by that act to be held at the times and places provided for hold- ing the district court. All these provisions were superseded by Act April 26, 1890, c. 165, 26 Stat. 71, which appointed different terms of the circuit and district courts, respectively, at the same places. The time for the term of the district court at Charleston was changed by Act July 23, 1892, c. 235, 27 Stat. 261. And the times for terms of both courts are again changed by Act Dec. 21, 1898, c. 32, set forth below, which supersedes all previous provisions relating thereto. Additional terms of the circuit court and district court for the eastern district at Florence are provided for by Act May 10, 1900, c. 390, set forth below. The appointment of but one district judge for all the districts in the State is authorized by Rev. St. 8 552. The office of the clerk of the circuit court is required to be kept at Charleston and at Greenville, the clerk to reside in one of said cities and to have a deputy in the other, by section 2 of Act April 26, 1890, c. 165, and similar provisions re- lating to the clerk of the district court are contained in section 5 of that act, set forth below. The district attorney and the marshal of the eastern district are required, respectively, to perform the duties of dis- trict attorney and of marshal for the western district, by Rev. St. $8 767, 776. ACT APRIL 26, 1890, c. 165. An Act to Regulate the Sitting of the Courts of the United States within the District of South Carolina. (26 Stat. 71.) Terms of circuit court. Be it enacted, &c., That there shall be four regular terms of the circuit court of the United States for the district of South Carolina in each year, as follows: In the city of Greenville, [Parts of section omitted superseded. Act Dec. 21, 1898, c. 32], in the city of Charleston, and in the city of Columbia *; and that the cases upon the calendars of said court not disposed of at any term may be called and disposed of by trial or otherwise at the suc- ceeding term thereof. Act April 26, 1890, c. 165, § 1, 26 Stat. 71. The times for terms of the circuit court fixed by this section are chan- ged by Act Dec. 21, 1898, c. 32, § 1, set forth below. And an additional term at Florence is provided for by Act May 10, 1900, c. 390, § 1, also set forth below. * Clerk of circuit court; deputy clerk. Sec. 2. That the office of the clerk of said court shall be kept in Sec. 546) 409 Tit. 13— THE JUDICIARY —Ch. 1. the cities of Charleston and of Greenville, and the clerk shall reside in one of the said cities and shall have a deputy in the other. Act April 26, 1890, c. 165, $ 2, 26 Stat. 71. Terms of district court for eastern district. Sec. 3. That the regular terms of the district courts in the eastern district of South Carolina shall be held each year in the city of Charles- ton, * [Parts of section omitted superseded. Act Dec. 21, 1898, c. 32], in the city of Columbia Act April 26, 1990, c. 165, § 3, 26 Stat. 71. The times for terms of the district courts fixed by sections 3 and 4 of this act are changed, as to one of the terms at Charleston, by Act July 23, 1892, c. 235, 27 Stat. 261; and again, as to all the terms, by Act Dec. 21, 1898, c. 32, $82, 3, set forth below. And an additional term at Florence is provided for by Act May 10, 1900, c. 390, § 1, also set forth below. Terms of district court for western district. Sec. 4. That the regular terms of the district court in the western district of South Carolina shall be held in each year in the city of Greenville, [Part of section omitted superseded Act Dec. 21, 1898, c. 32.] Act April 26, 1890, c. 165, § 4, 26 Stat. 71. See note under section 3 of this act, as to changes in times of terms of district court. Clerk of district court; deputy clerk. Sec. 5. That the office of the clerk of the district court shall be kept in the city of Greenville, and also in the city of Charleston, and the clerk shall reside in one of said cities, and shall have a deputy in the other. Act April 26, 1890, c. 165, § 5, 26 Stat. 72. Repeal. Sec. 6. That all acts and parts of acts inconsistent with this act are hereby repealed. Act April 26, 1890, c. 165, $ 6, 26 Stat. 72. ACT DEC. 21, 1898, c. 32. An Act to Regulate the Sitting of the United States Courts within the District of South Carolina. (30 Stat. 769.) Terms of circuit court. Be it enacted, &c., That the regular terms of the circuit court of the United States for the district of South Carolina shall be held each year as follows: In the city of Greenville on the third Tuesday in April and on the third Tuesday in October; in the city of Columbia on the fourth Tuesday in November; in the city of Charleston on the first Tuesday in April. Act Dec. 21, 1898, c. 32, § 1, 30 Stat. 769. Terms of district court for western district. Sec. 2. That the regular terms of the district court of the United States for the western district of South Carolina shall be held in each 410 (Sec. 546 Tit. 13—THE JUDICIARY —Ch. 1. year in the city of Greenville on the third Tuesday in April and on the third Tuesday in October. Act Dec. 21, 1898, c. 32, $ 2, 30 Stat. 769. Terms of district court for eastern district. Sec. 3. That the regular terms of the district court of the United . States for the eastern district of South Carolina shall be held in each year in the city of Charleston on the first Tuesday in June and on the first Tuesday in December, and in the city of Columbia on the fourth Tuesday in November. Act Dec. 21, 1898, c. 32, § 3, 30 Stat. 769. Repeal. Sec. 4. That all acts and parts of acts inconsistent with the pro- visions of this Act be, and the same are hereby, repealed. Act Dec. 21, 1898, c. 32, § 4, 30 Stat. 769. This act supersedes the provisions fixing times for the terms of the courts contained in Act April 26, 1890, c. 165, $$ 1, 3, 4, and Act July 23, 1892, c. 235, 27 Stat. 261. An additional term of each court at Florence is provided for by Act May 10, 1900, c. 390, set forth below. ACT MAY 10, 1900, c. 390. An Act to Provide for Sittings of the Circuit and District Courts of South Carolina in the City of Florence, South Carolina. (31 Stat. 174.) Additional terms of circuit court for eastern district. Be it enacted, etc., That in addition to the times and places now fixed by law for the sitting of the circuit court of the United States for the district of South Carolina there shall be a session of the said circuit court in the city of Florence on the first Tuesday in March in each year hereafter. Act May 10, 1900, c. 390, § 1, 31 Stat. 174. Additional terms of district court for eastern district. Sec. 2. That there shall be a regular term of the district court of the United States for the eastern district of the district of South Caro- lina in the city of Florence on the first Tuesday in March in each year hereafter: Provided, however, That suitable rooms and accommoda- tions are furnished for the holding of said courts at Florence free of expense to the Government of the United States. Act May 10, 1900, c. 390, $ 2, 31 Stat. 174. Other terms of the courts for the eastern district are fixed by Act Dec. 21, 1898, c. 32, $$ 1, 3, set forth above. [SOUTH DAKOTA.] ACT FEB. 27, 1890, c. 21. An Act to Provide for the Time and Place of Holding the Terms of the United States Circuit and District Courts in the State of South Dakota. (26 Stat. 14.) South Dakota; one district. Be it enacted, &c., That the State of South Dakota shall constitute one judicial district. Act Feb. 27, 1890, c. 21, § 1, 26 Stat. 14. The act admitting the State of South Dakota into the Union consti- Sec. 546) 411 Tit. 13— THE JUDICIARY —Ch. 1. tuted the State one judicial district, and provided for holding circuit and district courts therein, and for the appointment of a district judge and other officers, fixed the terms of the courts, and defined the juris- diction and powers of the courts and of the judges thereof, and the powers and duties, fees, and compensation of officers. Act Feb. 22, 1889, c. 180, $ 21, 25 Stat. 682. The provision of the act of admission, constituting the state one judi- cial district, repeated in section 1 of this act, is again repeated in Act Nov. 3, 1893, c. 10, § 1, set forth below. Secs. 2-5. [Superseded. Act Nov. 3, 1893, c. 10, S8 2-6.] Section 2 of this act divided the state into three divisions; section 3 appointed terms of the district court; section 4 provided for bringing civil suits not of a local nature in the different divisions; and section 5 ap- pointed terms of the circuit court, and provided for summoning one jury in both the circuit court and district court when held at the same time and place. They are all superseded by Act Nov. 3, 1893, c. 10, 88 2–6, set forth below. And Act Aug. 5, 1892, c. 383, 27 Stat. 392, which changed the times fixed by this act for the terms of the courts, is also superseded by said Act Nov. 3, 1893, c. 10, $ 3. Clerks and deputy clerks. Sec. 6. That the clerk of the circuit court and the clerk of the district court respectively shall reside and have their principal office at Sioux Falls, and each of said clerks may appoint a deputy to reside and have an office at Pierre and Deadwood. Act Feb. 27, 1890, c. 21, § 6, 26 Stat. 15. ACT NOV. 3, 1893, c. 10. An Act to Provide the Time and Place of Holding the Terms of the United States Circuit and District Courts in the State of South Dakota. (28 Stat. 5.) South Dakota; one district. Be it enacted, &c., That the State of South Dakota shall constitute one judicial district. Act Nov. 3, 1893, c. 10, 81, 28 Stat. 5. Divisions in district. Sec. 2. That for the purpose of holding terms of the district court said district shall be divided into four divisions, to be known as the southern, northern, central, and western divisions. The counties of Clay, Union, Yankton, Turner, Lincoln, Bonhomme, Charles Mix, Douglas, Hutchinson, Brule, Aurora, Davison, Hanson, McCook, Minnehaha, Moody, Lake, Sanborn, Lyman, Miner, Gregory, Todd, Beadle and Kingsbury, Crow Creek and Lower Brule, and the Yank- ton Indian Reservation shall constitute the southern division, the court for which shall be held at the city of Sioux Falls. The coun- ties of Brookings, Hamlin, Deuel, Grant, Roberts, Codington, Clark, Day, Marshall, Spink, Brown, McPherson, Edmunds, Campbell, Wal- worth, and the Sisseton and Wahpton Reservation shall constitute the northern division, the court for which shall be held at the city of Aberdeen. The counties of Potter, Sully, Faulk, Hand, Hyde, Hughes, Buffalo, Jerauld, Stanley, Nowlin, and that portion of the counties of Pratt, Jackson, and Sterling not included in any Indian 412 (Sec. 546 Tit. 13— THE JUDICIARY --Ch. 1. Reservation, and the Standing Rock, and Cheyenne Indian Reserva- tions shall constitute the central division, the court for which shall be held at the city of Pierre. All that portion of the State of South Dakota lying west of the central and southern divisions, and in ad- dition thereto the Rosebud and Red Cloud Indian reservations, shall constitute the western division, the court for which shall be held at the city of Deadwood. Act Nov. 3, 1893, c. 10, $ 2, 28 Stat. 5. Terms of courts. Sec. 3. That hereafter the terms of the circuit and district courts of the United States in and for the State of South Dakota shall be as follows: At Sioux Falls on the first Tuesday in April and the third Tuesday in October; at Pierre on the first Tuesday in March and October; at Deadwood on the first Tuesday in February and September, and at Aberdeen the first Tuesday of May and the third Tuesday of November. Act Nov. 3, 1893, c. 10, $ 3, 28 Stat. 5. The terms of the courts appointed by this section are the same as those fixed by Act Aug. 5, 1892, c. 383, 27 Stat. 392, with the addition of the terms at Aberdeen. Repeal. Sec. 4. That the provisions of statute now existing for the holding of said courts on any day contrary to the provisions of this act are hereby repealed, * [Part of section omitted relates to pending causes.] Act Nov. 3, 1893, c. 10, $ 4, 28 Stat. 5. Place of bringing suit. Sec. 5. That all civil suits not of a local nature must be brought in the division of the district where the defendant or defendants re- side; but if there are two or more defendants residing in different divisions the action may be brought in either of the divisions in which a defendant resides. Act Nov. 3, 1893, c. 10, 85, 28 Stat. 5. Appeals from district court; juries; residence of jurors. Sec. 6. That cases taken on appeal or writ of error from the dis- trict court shall be returnable to the circuit court held in that judicial subdivision from which the appeal was taken. When the circuit court and district court are held, as provided in this act, at the same time and place, one grand and petit jury only shall be summoned and serve in both said courts, and all grand and petit juries for the circuit and district courts shall be drawn by the clerk of the circuit court and all grand and petit jurors summoned for service in each division shall be residents of such division. Act Nor. 3, 1893, c. 10, $ 6, 28 Stat. 5. The provision of this section relating to cases taken on appeal or writ of error from the district court to the circuit court is repeated from Act Feb. 27, 1890, c. 21, $ 5, but seems to be inoperative, since the appellate jurisdiction of the circuit courts is taken away by Act March 3, 1891, c. 517, § 4, post, under chapter 8 A of this Title. Secs. 546–547) 413 Tit. 13— THE JUDICIARY —Ch. 1. Repeal. Sec. 7. That all acts and parts of acts in conflict with this act are hereby repealed. Act Nov. 3, 1893, c. 10, § 7, 28 Stat. 5. This act supersedes the provisions of the act admitting the State into the Union, Act Feb. 22, 1889, c. 180, $ 21, 25 Stat. 682, of Act Feb. 27, 1890, c. 21, set forth above, and of Act Aug. 5, 1892, c. 383, 27 Stat. 392, relating to the divisions of the district and the terms of the courts therein. [TENNESSEE.] Sec. 547. Tennessee. The State of Tennessee is divided into three districts, which shall be called the eastern, western, and middle districts of Tennessee. The eastern district includes the counties of Anderson, Bledsoe, Blount, Bradley, Campbell, Carter, Claiborne, Cocke, Cumberland, Grainger, Greene, Hamilton, Hancock, Hawkins, Jefferson, Johnson, Knox, McMinn, Marion, Meigs, Monroe, Morgan, Polk, Rhea, Roane, Scott, Sevier, Sullivan, Union, and Washington, as they ex- , isted February 19, 1856. The western district includes the counties of Benton, Carroll, Henry, Obion, Dyer, Gibson, Lauderdale, Hay- wood, Tipton, Shelby, Fayette, Hardeman, McNairy, Hardin, Perry, Madison, Henderson, and Weakley, as they existed June 18, 1838. . The middle district includes the residue of said State. Act June 18, 1838, c. 18, § 1, 5 Stat. 249. Act Jan. 18, 1839, c. 3, $ 1, 5 Stat. 313. Act Feb. 19, 1856, c. 8, § 1, 11 Stat. 1. The division into districts by this section is altered by the transfer of various counties from one district to another by statutes set forth or referred to below. The county of Perry was transferred from the wes- tern district to the middle district by Act March 3, 1875, c. 148, 18 Stat. 480; but that act is repealed, and the county is again attached to the Western district, by Aet April 14, 1896, c. 99, 29 Stat. 91. The county of Grundy was transferred from the middle district to the eastern dis- trict, and included in the southern division of the district, by Act June 11, 1880, c. 203, $$ 1, 3, set forth below; but it is detached therefrom and again attached to the middle district by Act Dec. 27, 1884, c. 7, 8 1, also set forth below. The county of Fentress is detached from the mid- dle district and added to the southern division of the eastern district by section 2 of Act Dec. 27, 1884, c. 7, mentioned above. The western district and the eastern district are subdivided, the western district into an eastern division and a western division, by a provision of Act June 20, 1878, c. 359, § 1, set forth below; the eastern district into a northern division and a southern division, by Act June 11, 1880, c. 203, set forth below; and a northeastern division of the eastern district is established by Act Feb. 7, 1900, c. 10, also set forth below. The county of Hardeman, in the western division of the wes- tern district, is attached to the eastern division of that district by Act Jan. 15, 1883, c. 25, set forth below. The county of Dyer is detached from the eastern division of the western district and attached to the western division of the district, by Act May 24, 1900, c. 549, also set forth below. Regular terms of the district courts and circuit courts, for the eastern district at Knoxville, for the middle district at Nashville, and for the western district at Memphis, are appointed by Rev. St. $$ 572, 658. On the division of the western district by Act June 20, 1878, c. 359, terms of the circuit court and the district court in the eastern division at 414 (Sec. 547 Tit. 13— THE JUDICIARY —Ch. 1.. Jackson, at times to be fixed by the judges, were authorized by provi- sions of that act set forth below. So, also, on the division of the east- ern district by Act June 11, 1880, c. 203, terms of the circuit court and the district court at Chattanooga, in the southern division, were ap- pointed by section 2 of that act, set forth below. The times fixed by Rev. St. $8 572, 658, for terms of the courts for the eastern district at Knoxville were changed by Act Feb. 27, 1896, c. 35, 29 Stat. 39, and again by Act Feb. 2, 1899, c. 83, set forth below, which supersedes the previous provisions. On the establishment of the northeastern divi- sion of the eastern district by Act Feb. 7, 1900, c. 10, terms of the courts at Greeneville, in that division, were appointed by section 2 of that act, set forth below. But the times fixed by the act are changed by Act Jan. 19, 1901, c. 102, also set forth below. Special provisions for intermediate terms of the district courts, on fail- ure to hold a regular term, are contained in Rev. St. § 586; and for special terms of the circuit courts, in Rev. St. 666. The appointment of but one district judge for all the districts in the State was authorized by Rev. St. $ 552. The appointment of a judge for the western district is authorized by Act June 14, 1878, c. 196, post, under Rev. St. $ 552, the former district judge for the State remaining the district judge for the middle and eastern districts. ACT JUNE 20, 1878, c. 359, § 1. Divisions in western district; place of bringing suit; deputy clerks; deputy marshal. That the act entitled "An act to provide for the appointment of a District Judge for the Western District of Tennessee and for other purposes” approved June fourteen, eighteen hundred and sev- enty eight, be, and the same is hereby, amended as follows: The Western District of Tennessee is hereby divided into two divisions which shall be known as the Eastern and Western divisions thereof. The Eastern division shall include the counties of Benton, Car- roll, Decatur, Gibson, Henderson, Henry Madison, McNairy, Hardin, Dyer, Lake, Crockett, Weakley, and Óbion, and terms of the cir- cuit and district courts of the United States for said District shall be held therein at the town of Jackson, in the County of Madison at least twice in each year at such times as the judges thereof shall respectively fix. [Part of section omitted repealed. Act March 3, 1879, c. 182, § 1.] The remaining counties embraced in said District shall constitute the Western division thereof, and terms of the district and circuit courts of the United States for said district shall be held therein at the times and place now prescribed by law. All suits not of a local character, which shall be hereafter brought in the district or circuit court of the United States for the Western district of Tennessee, against a single defendant, or where all the defendants reside in the same division of said district shall be brought in the division in which the defendaent or defendants reside, but if there are two or more defendants residing in different divisions, such suit may be brought in either division, and duplicate writs may be sent to the other defendants. The Clerk issuing such duplicate writs shall endorse thereon that it is a true copy of a writ sued out in the proper division of the District and the original and duplicate writs when executed and returned into the office from which they * Sec. 547) 415 Tit. 13— THE JUDICIARY —Ch. 1. shall have issued shall be proceeded in as one suit, and all the issues of fact in such suits shall be tried in the division where the suit is so brought. The Clerks of the Circuit and district courts for said district shall each appoint a deputy of their respective courts at the place in the Eastern division of said district where their said courts are required to be held, who shall in the absence of the Clerk, exer- cise all the powers, and perform all the duties of Clerk within said division: Provided, That the appointments of such deputies shall be approved by the Court for which they shall be respectively ap- pointed and may be annulled by such Court at its pleasure. The marshal of said district shall also appoint a deputy for said Eastern division, who shall reside therein, and in the absence of the marshal, perform all the duties devolved upon the marshal by law. Act June 20, 1878, c. 359, § 1, 20 Stat. 235. This provision of the sundry civil appropriation act of 1878, although purporting to amend Act June 14, 1878, c. 196, post, under Rev. St. § 552, does not affect any of the provisions of that act, but relates only to the subdivision of the western district, established by Rev. St. $ 547. Part of this provision requiring buildings to be provided free of ex- pense to the United States, is repealed by Act March 3, 1879, c. 182, § 6. 20 Stat. 398. The terms of the courts in the western division, referred to in this provision, were appointed at Memphis by Rev. St. 88 572, 658. The county of Hardeman in the western division is attached to the eastern division by Act Jan. 15, 1883, c. 25, set forth below. The county of Dyer is detached from the eastern division and attached to the wes- tern division of the district by Act May 24, 1900, c. 549, also set forth below. ACT JUNE 11, 1880, c. 203. An Act to Establish a District and Circuit Court at Chattanooga, Tennessee, and to add the county of Grundy to the eastern district of Tennessee. (21 Stat. 175.) Be it enacted, &c. [Sec. I superseded. Act Dec. 27, 1884, c. 7, § 1.] This section transferred the county of Grundy from the middle dis- trict to the eastern district, and section 3 of this act included it in the southern division of the district. But the county is detached therefrom and again attached to the middle district by Act Dec. 27, 1884, c. 7, S 1, set forth below. Terms of courts for eastern district. Sec. 2. A term of the circuit court and of the district court for the eastern district of Tennessee shall be held at Chattanooga in said state in each year on the first Mondays of April and October, after the passage of this act. Act June 11, 1880, c. 203, § 2, 21 Stat. 175. Divisions in eastern district. Sec. 3. Said eastern district shall be and hereby is divided into two divisions, to be known as the Northern and Southern divisions of the eastern district of Tennessee. The southern division shall con- sist of the following counties, to wit, Hamilton, James, Polk, Mc- Minn, Bradley, Meigs, Rhea, Marion, Sequatchie, Bledsoe, Grundy, and Cumberland, and the northern division shall consist of the re- 416 (Sec. 547 Tit. 13— THE JUDICIARY --Ch. 1. maining counties in said district. But no additional clerk or marshal shall be appointed in said district. Act June 11, 1880, c. 203, § 3, 21 Stat. 175. The county of Grundy is detached, and attached to the middle district, by Act Dec. 27, 1884, c. 7, § 1, set forth below. Duties of clerks, marshal, and district attorney; deputy clerks and deputy marshal. Sec. 4. That the clerks of the district and circuit courts for the eastern district of Tennessee, and the marshal and district attorney for said district, shall perform the duties appertaining to their offices respectively for said courts. And the said clerks and marshals shall each appoint a deputy to reside and keep their offices in the city of Chattanooga, and who shall, in the absence of their principals, do and perform all the duties appertaining to their offices respectively. Act June 11, 1880, c. 203, § 4, 21 Stat. 175. Place of bringing suit, and of trial of issues of fact. Sec. 5. All suits not of a local nature in the circuit and district courts against a single defendant, inhabitant of said state, must be brought in the division of the district where he resides; but if there are two or more defendants residing in different divisions of the district, such suits may be brought in either division. All issues of fact in said suits shall be tried at a term of the court held in the division where the suit is so brought. June 11, 1880, c. 203, § 5, 21 Stat. 176. Place of prosecution of offenses. Sec. 6. All prosecutions for crimes or offences hereafter committed in either of the sub-divisions shall be cognizable within such divi- * [Part of section omitted relates to past offences.] * * Act June 11, 1880, c. 203, § 6, 21 Stat. 176. Residence of jurors; process. Sec. 7. All grand and petit jurors summoned for service in each division shall be residents of such division. All mesne and final process subject to the provisions hereinbefore contained, issued in either of said divisions may be served and executed in either or both of the divisions. Act June 11, 1880, c. 203, § 7, 21 Stat. 176. Removal of causes from State courts. Sec. 8. In all cases of removal of suits from the courts of the State of Tennessee to the courts of the United States in the eastern dis- trict of Tennessee such removal shall be to the United States courts in the division in which the county is situated from which the re- moval is made; and the time within which the removal shall be perfected in so far as it refers to or is regulated by the terms of the United States courts, shall be deemed to refer to the terms of the United States courts in such division. Act June 11, 1880, c. 203, § 8, 21 Stat. 176. Sec. 9. [Superseded. Act Feb. 25, 1885, c. 147.] This section required a building for the courts to be provided without expense to the United States. It is superseded by the erection of a sion; * Sec. 547) - Tit. 13--THE JUDICIARY —Ch417 . 1. public building at Chattanooga under Act Feb. 25, 1885, c. 147, 23 Stat. 320. Time of taking effect of act; repeal. Sec. 1o. This act shall be in force from and after the first day of July anno Domini eighteen hundred and eighty; and all acts and parts of acts inconsistent herewith are hereby repealed. Act June 11, 1880, c. 203, § 10, 21 Stat. 176. ACT JAN. 15, 1883, c. 25. An Act to Attach the County of Hardeman, in the State of Ten- nessee, to the Eastern Division of the Western District of Ten- nessee. (22 Stat. 402.) Additional county transferred to eastern division in western district. Be it enacted, &c., That from and after the passage of this act the territory embraced in the county of Hardeman, in the State of Tennessee, as now constituted, shall be attached to and compose a part of the eastern division of the western district of Tennessee; and all process issued against defendants residing in said county of Hardeman shall be returned to Jackson, and all civil causes of action which have accrued in said county, of which the courts of the United States have jurisdiction, shall be cognizable in the court at Jackson; * * [Part of section omitted relates to past offenses and pending causes.] Act Jan. 15, 1883, c. 25, 22 Stat. 402. The western district was subdivided into an eastern division and a western division by provisions of Act June 20, 1878, c. 359, § 1, set forth above. ACT DEC. 27, 1884, c. 7. An Act Detaching Grundy County, Tennessee, from the Southern Division of the District of East Tennessee and Attaching it to the Middle District of said State, and for Other Purposes. (23 Stat. 280.) Additional county transferred to middle district. Be it enacted, &c., That hereafter the County of Grundy, in the State of Tennessee, shall be detached from the southern division of the District of East Tennessee and be attached to the middle dis- trict of Tennessee and that all process hereafter issuing except as hereinafter provided against citizens of said county of Grundy from the district or circuit courts of said State shall be returnable before the district or circuit courts for the middle district of Tennessee ; * [Part of section omitted relates to pending causes.] Act Dec. 27, 1884, c. 7, § 1, 23 Stat. 280. This section supersedes the provision of Act Jure 11, 1880, c. 203, 88 1, 3, 21 Stat. 175, which transferred the county of Grundy from the middle district to the eastern district, southern division. Additional county transferred to eastern district. Sec. 2. That the county of Fentress in the middle District of Ten- nessee be detached therefrom and added to the southern division of LAWS '01-27 * 418 (Sec. 547 Tit. 13— THE JUDICIARY —Ch. 1. the District of East Tennessee; and hereafter all process issuing except as hereinafter provided against citizens of the county of Fen- tress from the District and Circuit Courts of the United States shall be returnable before said court at Chattanooga in said State: [Part of section omitted relates to pending causes and past offenses.] Act Dec. 27, 1884, c. 7, § 2, 23 Stat. 280. * ACT FEB. 2, 1899, c. 83. An Act to Change and Fix the Time for Holding the District and Circuit Courts of the United States for the Northern Divi- sion of the Eastern District of Tennessee. (30 Stat. 814.) Terms of court for eastern district, northern division. Be it enacted, &c., That the terms of the circuit and district courts of the United States for the northern division of the eastern district of Tennessee, held at Knoxville, Tennessee, shall commence on the second Monday in March and September of each year, instead of the first Monday in March and September, as is now provided by law; and each of said terms shall continue as long as the presiding judge may deem necessary. Act Feb. 2, 1899, c. 83, § 1, 30 Stat. 814. This section supersedes Act Feb. 27, 1896, c. 35, 29 Stat. 39, which changed the times for terms of the courts for the eastern district in the northern division at Knoxville fixed by Rev. St. $$ 572, 658. Sec. 2. [Relates to pending causes.] Repeal. Sec. 3. That all laws and parts of laws conflicting with this Act be, and are hereby, repealed. Act Feb. 2, 1899, c. 83, § 3, 30 Stat. 814. ACT FEB. 7, 1900, c. 10. An Act to Create a New Division in the Eastern Judicial District of the State of Tennessee. (31 Stat. 5.) Additional division in eastern district. Be it enacted, etc., That a new division of the eastern judicial district of the State of Tennessee, to be known as the northeastern division judicial district of Tennessee, be, and the same is hereby, established, to be composed of the following counties, to wit: John- son, Carter, Unicoi, Sullivan, Washington, Greene, Hawkins, Han- cock, Cocke, and Hamblen; and said counties be, and the same are hereby, transferred to said northeastern division of said eastern district of Tennessee, but no additional clerk or marshal shall be appointed in or for said district. Act Feb. 7, 1900, c. 10, § 1, 31 Stat. 5. The eastern district was subdivided into a northern division and a southern division by Act June 11, 1880, c. 203, set forth above. Terms of courts for eastern district, northeastern division. Sec. 2. That terms of the circuit court and of the district court of the northeastern division judicial district of Tennessee shall be held Sec. 547) 419 Tit. 13-THE JUDICIARY —Ch. 1. at Greeneville, in said State, [Part of section omitted super- seded. Act Jan. 19, 1901, c. 102], after the passage of this Act. Act Feb. 7, 1900, c. 10, § 2, 31 Stat. 5. The times for the terms of the courts in the northeastern division at Greeneville, fixed by this section, are changed by Act Jan. 19, 1901, c, 102, set forth below. Duties of clerks, marshal, and district attorney; deputy clerks. Sec. 3. That the clerks of the district and circuit courts for the eastern district of Tennessee, and the marshal and district attorney for said district, shall perform the duties appertaining to their offices, respectively, for said courts of said northeastern division judicial district, and except when court is in session, and a judge present, the clerk's office of the said courts may be at Knoxville, where all records for said courts may be kept as of the same court, and all duties performed as though the clerk were at Greeneville, but should, in the judgment of the district judge and the clerk, the business of said courts hereafter warrant the employment of a deputy clerk at Greeneville, Tennessee, new books and records may be opened for the courts herein created, and kept at Greeneville, and a deputy clerk appointed to reside and keep his office at Greeneville. Act Feb. 7, 1900, c. 10, $ 3, 31 Stat. 5. Place of bringing suit. Sec. 4. That all suits not of a local nature in said circuit and dis- trict courts against a single defendant, inhabitant of said State, must be brought in the division of the district where he resides; but if there are two or more defendants residing in different divisions of the dis- trict, such suits may be brought in either division. Act Feb. 7, 1900, c. 10, § 4, 31 Stat. 6. Place of prosecution of offenses. Sec. 5. That all prosecutions for crimes or offenses hereafter com- mitted in either of the divisions of said district shall be cognizable within such division, and all prosecutions for crimes or offenses here- , tofore committed in the eastern district as heretofore constituted shall be commenced and proceeded with as if this Act had not been passed. Act Feb. 7, 1900, c. 10, § 5, 31 Stat. 6. Residence of jurors; process. Sec. 6. That all grand and petit jurors summoned for service in each division shall be residents of such division. All mesne and final pro- cess subject to the provisions hereinbefore contained, issued in either of said divisions, may be served and executed in either or both of the divisions. Act Feb. 7, 1900, c. 10, § 6, 31 Stat. 6. Removal of causes from State courts. Sec. 7. That in all cases of removal of suits from the courts of the State of Tennessee to the courts of the United States in the eastern district of Tennessee such removal shall be to the United States courts in the division in which the county is situated from which the removal is made, and the time within which the removal shall be per- 420 (Sec. 547 Tit. 13— THE JUDICIARY—Ch. 1. fected, in so far as it refers to or is regulated by the terms of the United States courts, shall be deemed to refer to the terms of the United States courts held in said northeastern judicial district. Act Feb. 7, 1900, c. 10, § 7, 31 Stat. 6. Court houses. Sec. 8. That each of said courts shall be held in a building to be provided for that purpose by the county or municipal authorities and without expense to the United States. Act Feb. 7, 1900, c. 10, 8 8, 31 Stat. 6. Time of taking effect of act; repeal. Sec. 9. That this Act shall be in force from and after the thirtieth day of June, anno Domini nineteen hundred, and all Acts and parts of Acts so far as inconsistent herewith are hereby repealed. Act Feb. 7, 1900, c. 10, $ 9, 31 Stat. 6. ACT MAY 24, 1900, c. 549. An Act to Detach the County of Dyer from the Eastern Division of the Western District of Tennessee and to Attach the Same to the Western Division of the Western District of said State of Ten- nessee. (31 Stat. 183.) Additional county transferred to western division in western district. Be it enacted, etc., That the county of Dyer, in the State of Ten- nessee, be, and the same is hereby, detached from the eastern divi- sion of the western judicial district of the State of Tennessee and at- tached to the western division of the western judicial district of said State of Tennessee. Act May 24, 1900, c. 549, § 1, 31 Stat. 183. The western district was subdivided into an eastern division and a western division by provisions of Act June 20, 1878, c. 359, § 1, set forth above. Process. Sec. 2. That all process, civil and criminal, hereafter issued against persons residing in said county of Dyer shall be made returnable to the courts held at Memphis, in the State of Tennessee, and all suits and prosecutions now pending in the circuit or district courts of the United States against persons residing in the said county of Dyer at Jackson, in the State of Tennessee, shall be determined in said courts. Act May 24, 1900, c. 549, § 2, 31 Stat. 183. Time of taking effect of act. Sec. 3. That this act shall take effect thirty days after its passage. Act May 24, 1900, c. 549, $ 3, 31 Stat. 183. ACT JAN. 19, 1901, c. 102. An Act to Change and Fix the Time for Holding the District and Circuit Courts of the United States for the Northeastern Division of the Eastern District of Tennessee. (31 Stat. 735.) Terms of courts for eastern district in northeastern division. Be it enacted, etc., That the terms of the circuit and district courts of the United States for the northeastern division of the eastern dis- Secs. 547–548) 421 Tit. 13– THE JUDICIARY-Ch. 1. trict of Tennessee, held at Greeneville, Tennessee, shall commence on the second Monday in November and May of each year, instead of the fourth Monday in August and February, as is now provided by law; and each of said terms shall continue as long as the presiding judge may deem necessary. Act Jan. 19, 1901, c. 102, § 1, 31 Stat. 735. The terms of the courts for the eastern district in the northeastern division at Greeneville were appointed by Act Feb. 7, 1900, c. 10, $ 2, set forth above. Sec. 2. [Relates to pending causes.] Repeal. Sec. 3. That all laws and parts of laws conflicting with this Act be, and are hereby, repealed. Act Jan. 19, 1901, c. 102, & 3, 31 Stat. 735. [TEXAS.] Sec. 548. [Superseded. Act Feb. 24, 1879, c. 97.] This section divided the State of Texas into an eastern district and a western district. It is superseded by Act Feb. 24, 1879, c. 97, set forth below, which makes a new division into three districts, establishing a northern district, and changing the boundaries of the eastern and west- ern districts. These districts are further altered and subdivided by various later statutes, also set forth below. Part of the Indian Territory, the whole of which previously had been included in the western district of Arkansas by Rev. St. $ 533, was an- nexed to the northern district of Texas, and jurisdiction was given to the courts for that district of offenses in that part of the Territory against the laws of the United States, by Act Jan. 6, 1883, c. 13, § 3, 22 Stat. 400. This provision was superseded by Act March 1, 1889, c. 333, which established a United States court in the Indian Territory, but, by sections 17-19, 25 Stat. 786, annexed to the eastern district of Texas part of the Indian Territory, including the part previously an- nexed to the northern district, and constituted four counties in the east- ern district and the part of the Indian Territory so annexed a division in the eastern district, giving the courts in that division jurisdiction of offenses in that part of the territory against the laws of the United States. This jurisdiction was taken away, as to so much of said Territory as was included in Oklahoma Territory and the portion of the Cherokee Outlet attached thereto for judicial purposes, and was given to the courts established for that Territory, by Act May 2, 1890, c. 182, § 9, 26 Stat. 85; but as to the part of said Territory remaining in the Indian Terri- tory as defined by that act, the jurisdiction of the courts for the eastern district of Texas was continued by section 33 of that act, 26 Stat. 97. But all laws conferring on these courts jurisdiction of offenses in the Indian Territory are repealed, and the jurisdiction is given to the Unit- ed States courts in the Indian Territory, by Act March 1, 1895, c. 145, § 9, 28 Stat. 697. Regular terms of the district and circuit courts for the districts as then constituted, for the eastern district at Brownsville and Galveston, for the western district at Austin and Tyler, were appointed by Rev. St. $8 572, 658. On the change in the boundaries of these districts and the establishment of a northern district by Act Feb. 24, 1879, c. 97, mentioned above, terms of the courts were appointed for the northern district at Waco, Dallas, and Graham, for the eastern district at Gal- veston, Tyler, and Jefferson, and for the western district at Brownsville, 422 (Sec. 548 Tit. 13— THE JUDICIARY —Ch. 1. San Antonio, and Austin, by section 4 of that act, 20 Stat. 318. Differ- ent provisions for terms of the circuit courts were made by Act June 11, 1879, c. 18, $ 4, 21 Stat. 10. These provisions for terms of the courts for the western district were superseded by a change of the times for such terms, and the appoint- ment of additional terms at El Paso, by an amendment of Act Feb. 24, 1879, c. 97, § 4, mentioned above, by Act June 3, 1884, c. 64, § 1, 23 Stat. 35, and the times fixed thereby are again changed by the amend- ment of said amendatory act by Act Feb. 4, 1890, c. 5, § 1, which su- persedes all these previous provisions, and is incorporated into Act Feh. 24, 1879, c. 97, § 4, as set forth below. And additional terms of the courts for the western district at Laredo are appointed by Act March 2, 1899, c. 393, also set forth below. So, also, the provisions for terms of the courts for the eastern dis- trict and northern district, contained in Act Feb. 24, 1879, c. 97, § 4, mentioned above, were superseded by Act June 20, 1884, c. 102, 23 Stat. 48, which changed the times for such terms. Additional terms of the courts for the eastern district at Paris were provided for by Act March 1, 1889, c. 333, § 17, 25 Stat. 786. These provisions for terms of the courts for the eastern district are superseded by Act April 7, 1892, c. 39, § 1, set forth below. Additional terms of the courts for that district at Beaumont are provided for by Act Feb. 8, 1897, c. 178, § 2, set forth below. And additional terms at Sherman are authorized by Act Feh. 19, 1901, c. 382, § 2, also set forth below. The provisions for terms of the courts for the northern district con- tained in Act June 20, 1884, c. 102, 23 Stat. 48, mentioned above, are superseded by Act June 11, 1896, c. 422, § 1, 29 Stat. 456, which altered the division of the district and appointed terms of the courts at Dallas. Waco, Ft. Worth, Abilene, and San Antonio. The times for such terms are changed by an amendment of section 1 of that act by Act Feb. 10, 1900, c. 16, § 1, which is incorporated into the section so amended as set forth below. ACT FEB. 24, 1879, c. 97. [As amended 1880, 1884, 1890.] An Act to Create the Northern Judicial District of the State of Texas, and to Change the Eastern and Western Judicial Dis- tricts of said State, and to Fix the Time and Places of Holding Courts in said District. (20 Stat. 318.) Texas; northern district. Be it enacted, &c., That a judicial district is hereby created in the State of Texas, to be called the northern judicial district of said State, and the territory embraced in the following-named counties, as now constituted, shall compose said district, namely: Brazos, Robertson, Leon, Limestone, Freestone, Navarro, Ellis, Kaufman, Dallas, Rock- wall, Hunt, Fannin, Lamar, Delta, Collin, Grayson, Cooke, Denton, , Tarrant, Johnson, Hill, McLennan, Falls, Bell, Coryell, Hamilton, , Bosque, Comanche, Erath, Somerville, Hood, Parker, Palo Pinto, Jack, Wise, Montague, Clay, Archer, Wichita, Wilbarger, Hardeman, Knox, Baylor, Haskell, Throckmorton, Young, Stephens, Shackel- ford, Jones, Taylor, Callahan, Eastland, Brown, Coleman, Runnels, Greer, Nolan, Fisher, Stonewall , King, Cottle, Childress, Collings- , , worth, Wheeler, Hemphill, Lipscomb, Ochiltree, Roberts, Gray, Don- ley, Hall, Motley, Dickens, Kent, Scurry, Mitchell, Howard, Borden, Dawson, Gaines, Martin, Andrews, Garza, Crosby, Floyd, Briscoe, Armstrong, Carson, Hutchinson, Hansford, Sherman, Moore, Potter, Randall, Swisher, Hale, Lubbock, Lynn. Terry, Hockley, Lamb, Cas- Sec. 548) 423 Tit. 13— THE JUDICIARY —Ch. 1. tro, Deaf Smith, Oldham, Hartley, Dallam, Palmer, Bayley, Cochran, and Yoakum. Act Feb. 24, 1879, c. 97, § 1, 20 Stat. 318. This act supersedes Rev. St. $ 548, which divided the state of Texas into two judicial districts,--an eastern district and a western district. Eastern district. Sec. 2. That from and after the passage of this act, the territory embraced in the following-named counties, as now constituted, shall compose the eastern judicial district, namely: Matagorda, Wharton, Brazoria, Fort Bend, Colorado, Austin, Waller, Harris, Galveston, Chambers, Jefferson, Orange, Hardin, Liberty, Newton, Jasper, Ty- ler, Polk, San Jacinto, Montgomery, Walker, Grimes, Madison, Trin- ity, Angelina, San Augustine, Sabine, Shelby, Nacogdoches, Cherokee, Houston, Anderson, Henderson, Smith, Rusk, Panola, Harrison, , Gregg, Upshur, Wood, Vanzandt, Rains, Hopkins, Camp, Titus, Ma- rion, Cass, Bowie, Franklin, Morris, and Red River. Act Feb. 24, 1879, c. 97, § 2, 20 Stat. 318. Western district. Sec. 3. That from and after the passage of this act, the territory embraced in the following-named counties, as now constituted, shall compos. the western judicial district of said State, namely: Calhoun, Jacksoil, Victoria, Goliad, Refugio, Bee, San Patricio, Nueces, Cam- eron, Hidalgo, Starr, Zapata, Duval, Encinal, Webb, La Salle, Mc- Mullen, Live Oak, De Witt, Lavaca, Gonzales, Wilson, Karnes, Atas- cosa, Frio, Dimmit, Zavala, Maverick, Kinney, Uvalde, Medina, Bexar, Guadalupe, Caldwell, Fayette, Washington, Lee, Burleson, , Milan, Williamson, Bastrop, Travis, Hays, Comal, Kendall, Blanco, Burnett, Llano, Gillespie, Kerr, Bandera, Edwards, Kimball, Mason, Menard, El Paso, Presidio, Tom Green, Crockett, Pecos, Concho, McCulloch, San Saba, and Lampasas and Aransas. Act Feb. 24, 1879, c. 97, § 3, 20 Stat. 318. Act June 11, 1879, c. 18, § 1, 21 Stat. 10. Act June 14, 1880, c. 213, & 2, 21 Stat. 198. Jackson county, included by this section in the western district, is placed in the eastern district by Act June 11, 1879, c. 18, § 1, set forth below; and by an amendment of this section by Act June 14, 1880, c. 213, § 2, cited above, adding at the end of the section the words "and Arai sas," as set forth here, Aransas county is included in the western district. Terms of courts for western district. [Part of this section omitted superseded. Act June 20, 1884, C. 102, Act April 7, 1892, c. 39, and Act June 11, 1896, c. 422.] That the courts in the western judicial district shall be held twice in each year at Brownsville, San Antonio, the city of El Paso, and Austin. The courts shall be held at the city of Brownsville on the first Monday in January and the second Monday in June; at San Antonio on the first Mondays in May and November; at the city of El Paso on the first Mondays in April and October; at Austin on the first Mondays in February and July. Act Feb. 24, 1879, c. 97, § 4, 20 Stat. 318. Act June 3, 1884, c. 64, 23 Stat. 35. Act Feb. 4, 1890, c. 5, 26 Stat. 3. This section provided for terms of the courts for each of the three Sec. 4. 424 (Sec. 548 Tit. 13— THE JUDICIARY—Ch. 1. districts established by the preceding sections. The provisions relating to the northern district and the eastern district were superseded by the provisions relating thereto of Act June 20, 1884, c. 102, 23 Stat. 48, which also are superseded by Act April 7, 1892, c. 39, set forth below, which changes the times of the terms of the courts for the eastern dis- trict, and by Act June 11, 1896, c. 422, which makes different provisions for the terms of the courts for the northern district. The amendment of the section by Act June 3, 1884, c. 64, cited above, relating to the terms of the courts for the western district, is itself amended by Act Feb. 4, 1890, c. 5, 26 Stat. 3, making the section read as set forth here. Divisions in districts; process; place of bringing suit. Sec. 5. That all process issued against defendants residing in the counties of Brazos, Robertson, Leon, Limestone, Freestone McLen- nan, Falls, Bell, Coryell, Hamilton, Comanche, Erath, Hood, Bosque, Somerville, Hill, Brown, Coleman, and Runnels shall be returned to Waco; and all process issued against defendants residing in the counties of Navarro, Johnson, Ellis, Kaufman, Dallas, Rockwall, Hunt, Lamar, Fannin, Grayson, Collin, Denton, Cooke, Montague, Wise, Tarrant, Parker, Delta, and Clay shall be returned to Dallas; and all process issued against defendants residing in the counties of Eastland, Stephens, Young, Archer, Wichita, Wilbarger, Baylor, Throckmorton, Shackelford, Callahan, Taylor, Jones, Haskell, Knox, Hardeman, Greer, Nolan, Mitchell, Howard, Martin, Andrews, Gaines, Dawson, Borden, Scurry, Fisher, Stonewall, Kent, Garza, Lynn, Terry, Yoakum, Cochran, Hockley, Lubbock, Crosby, Dick- ens, King, Cottle, Motley, Floyd, Hale, Lamb, Bayley, Palmer, Cas- tro, Swisher, Brisco, Hall, Childress, Collingsworth, Donley, Arm- strong, Deaf Smith, Oldham, Potter, Carson, Gray, Wheeler, Hemp- hill, Lipscomb, Ochiltree, Roberts, Hutchinson, Hansford, Sherman, Moore, Hartley, Palo Pinto, Jack, and Dallam shall be returned to Graham; and all process issued against defendants residing in the counties of Jackson, Matagorda, Brazoria, Wharton, Colorado, Fort Bend, Austin, Harris, Galveston, Chambers, Jefferson, Orange, Har- din, Liberty, Montgomery, Waller, Grimes, Madison, Walker, San Jacinto, Polk, Tyler, Jasper, and Newton shall be returned to Gal- veston; and all process issued against defendants residing in the counties of Sabine, San Augustine, Shelby, Nacogdoches, Angelina, Trinity, Houston, Anderson, Cherokee, Panola, Rusk, Smith, Hen- derson, Vanzandt, Rains, Gregg, and Wood, shall be returned to Tyler; and all process issued against defendants residing in the counties of Upshur, Harrison, Marion, Cass, Bowie, Red River, Titus, Camp, Hopkins, Morris, and Franklin shall be returned to Jefferson; and all process issued against defendants residing in the counties of Cameron, Hidalgo, Starr, Zapata, Webb, Encinal, Duval, Nueces, San Patricio, Dimmit, and Maverick shall be returned to Brownsville; and all process issued against defendants residing in the counties of Calhoun, Refugio, Victoria, Goliad, Bee, Live Oak, Karnes, De Witt, Lavaca, Gonzales, Guadalupe, Wilson, Atacosa, McMullen, Bexar, Comal, Kendall, Kerr, Edwards, Bandera, Medina, Frio, La Salle, Zavala, Uvalde, Kinney, Crockett, Tom Green, Pecos, Presidio, and El Paso shall be returned to San Antonio; and all process issued against defendants residing in the counties of Fayette, Sec. 548) 425 Tit. 13— THE JUDICIARY—Ch. 1. Washington, Burleson, Milan, Williamson, Lee, Bastrop, Caldwell, Hays, Travis, Blanco, Gillespie, Burnet, Llano, Mason, Kimball, Menard, Concho, McCulloch, San Saba, and Lampasas shall be re- turned to Austin; and that all process issued against defendants re- siding in any county which may hereafter be created by law, shall be returned to the nearest place for holding court in the judicial district within which said county is formed. And if there be more than one defendant, and they reside in differ- ent divisions of the district, the plaintiff may sue in either division, and send duplicate writ or writs to the other defendants, on which the plaintiff or his attorney shall endorse that the writ thus sent is a copy of a writ sued out of a court of the proper division of the said district; and the said writs, when executed and returned into the office from which they issued, shall constitute one suit, and be pro- ceeded in accordingly. And all prosecutions in either of said districts for offenses against the laws of the United States shall be tried in that division of the district to which process for the county in which said offenses are committed is by said section required to be returned. And all writs and recognizances in said prosecutions shall be returned to that divi- sion in which said prosecutions by this act are to be tried. Act Feb. 24, 1879, c. 97, § 5, 20 Stat. 319. Act June 11, 1879, c. 18, $ 2, 21 Stat. 10. Act June 14, 1880, c. 213, 21 Stat. 198. Act June 3, 1884, c. 64, 23 Stat. 35. The amendment of this section by Act June 14, 1880, c. 213, cited above, consists in the addition at the end of the section of the paragraph relating to provisions for offenses against the laws of the United States. as set forth here. So much of the section as makes process against defendants residing in certain counties specified returnable to Browns- ville is repealed, and such process is made returnable to San Antonio, by Act June 11, 1879, c. 18, § 2, set forth below. And process against defendants residing in certain other counties specified is to be returned to El Paso, by Act June 3, 1884, c. 64, § 1, set forth below. Sec. 6. [Relates to pending causes.] District judges. Sec. 7. That the present judge of the eastern district of Texas be, and he is hereby, assigned to hold said courts in the said eastern district, and shall exercise the same jurisdiction and perform the same duties within the said district as he now exercises and performs within his present district. That the present judge of the western district of Texas be, and he is hereby, assigned to hold said courts in the western district of Texas, and shall exercise the same jurisdiction and perform the same duties within the said district as he now exercises and performs within his present district. And there shall be appointed a district judge for the northern district of Texas, who shall possess the same powers and do and perform all such duties in his district as are now enjoyed, or in any manner appertain to the present district judges for said eastern and western districts of Texas. And the district judge of such district shall be entitled to the same compensation as by law is provided for the present judges of the eastern and western districts of Texas. Act Feb. 24, 1879, c. 97, § 7, 20 Stat. 320. 426 (Sec. 548 Tit. 13— THE JUDICIARY —Ch. 1. * District attorney and marshal for northern district. Sec. 8. That there shall be appointed one person as district attor- ney and one person as marshal for said northern district, whose terms of appointment and services, as well as duties and emoluments, shall be the same with those respectively appertaining to the said offices in the said eastern and western districts of Texas; and said marshal shall give the same bond that other marshals are required to give, to be approved and recorded as now directed by law: [Part of section omitted expired.] Provided further, That it is not intended by this act to work the removal of, or in any manner affect, the clerks of the district courts now holding office in said dis- tricts. Act Feb. 24, 1879, c. 97, § 8, 20 Stat. 320. Clerk and deputy clerks for northern district. Sec. 9. The district judge of the northern district shall appoint a clerk of said court, who shall reside at one of the places designated in this act for holding the courts, and two deputies shall be ap- pointed by the clerk, one of whom shall reside at each of the other places designated for holding the courts. Act Feb. 24, 1879, c. 97, § 9, 20 Stat. 320. ACT JUNE 11, 1879, c. 18. An Act to Amend an Act Approved February twenty-fourth, - Eighteen hundred and seventy-nine, Entitled "An Act to Create the Northern Judicial District of the State of Texas, and to Change the Eastern and Western Judicial Districts of said State, and to Fix the Time and Places of Holding Courts in said Dis- tricts.” (21 Stat. 10.) Additional county transferred to eastern district. Be it enacted, &c., That so much of the act to which this is amendatory as provides that Jackson County shall be embraced in the western judicial district of Texas be, and the same is hereby, repealed, and the said county of Jackson is hereby placed in the eastern judicial district of said State; and all process issued against defendants residing therein shall be returned to Galveston; and all civil causes of action which have accrued in said county, of which the courts of the United States have jurisdiction, shall be cognizable in the court at Galveston, but all offenses committed in said county against the laws of the United States before the passage of this act shall be cognizable in the court of the western district, as provided in said act of the twenty-fourth of February, eighteen hundred and seventy-nine. Act June 11, 1879, c. 18, § 1, 21 Stat. 10. Jackson county was included in the western district by Act Feb. 24, 1879, c. 97, § 3, set forth above. Process; jurisdiction of courts. Sec. 2. That so much of the act to which this is an amendment as makes all process against defendants residing in the counties of Aran- sas, Duval, Nueces, La Salle, Zapato, San Patricio, Refugio, Dimmit, Sec. 548) 427 Tit. 13— THE JUDICIARY—Ch. 1. Webb, Encinal, and Maverick returnable to Brownsville is hereby repealed, and such process is hereby made returnable to San Antonio; and all causes of civil action which have accrued in said counties, or either of them, since the passage of the act to which this is an amend- ment, or which shall hereafter accrue, shall be cognizable in the court at San Antonio. Act June 11, 1879, c. 18, $ 2, 21 Stat. 10. This section operates as an amendment of the provisions of section 5 of Act Feb. 24, 1897, c. 97, set forth above. See note under that section. Sec. 3. [Relates to pending causes.] Assignment of districts to fifth circuit; jurisdiction of courts for northern district. Sec. 4. The several districts as established in the act to which this is an amendment are hereby declared to be a part of the fifth judicial circuit; and the courts of the said northern district shall have the same jurisdiction as is conferred by law upon the courts of the east- ern and western district of said State; [Part of section omit- ted superseded. Act June 20, 1884, c. 102, Act Feb. 4, 1890, c. 5, and Act April 7, 1892, c. 39.] Act June 11, 1879, c. 18, $ 4, 21 Stat. 10. This section contained provisions for terms of the circuit courts for the three districts, which are superseded by various subsequent provi- sions relating to the courts for each district, set forth below. Repeal. Sec. 5. All laws and parts of laws in conflict with this act are here- by repealed. Act June 11, 1879, c. 18, § 5, 21 Stat. 11. * ACT JUNE 3, 1884, c. 64. An Act to Amend Sections four, five, and nine of an Act Approved February twenty-fourth, Eighteen hundred and seventy-nine, Entitled “An Act to Create the Northern Judicial District of the State of Texas, and to Change the Eastern and Western Judicial Districts of said State, and to Fix the Time and Places of Hold- ing Courts in said Districts” and to Provide for Holding Terms of the Court of the Western Judicial District of Texas at the City of El Paso, and for Other Purposes. (23 Stat. 35.) Be it enacted, etc. [Sec. I, amending Act Feb. 24, 1879, c. 97, § 4, . superseded. Act Feb. 4, 1890, c. 5.] This section amended the provision of Act Feb. 24, 1879, c. 97, § 4, relaiing to terms of the courts for the western district, by changing the times for the terms at Brownsville and San Antonio, and appointing additional terms at El Paso. But this amendment is superseded by a later amendment by Act Feb. 4, 1890, c. 5, § 1, which is incorporated into Act Feb. 24, 1879, c. 97, § 4, as set forth above. Additional division in western district. Sec. 2. That section five of said act be so amended that all process issued after this act shall take effect against defendants residing in the counties of El Paso, Pecos, Presidio, Tom Green, Crockett, An- drews, Gaines, Yoakum, Cockran, Bailey, Parmer, Castro, Lamb, 428 (Sec. 548 Tit. 13— THE JUDICIARY—Ch. 1. 9 Hockley, Terry, Dawson, Martin, Swisher, Hale, Lubbock, Lynn, Floyd, Crosby, Garza, Borden, Howard, Scurry, and Mitchell shall be returned to the city of El Paso. [Part of section omitted re- lates to pending causes.] Act June 3, 1884, c. 64, § 1, 23 Stat. 35. Deputy clerk for western district. Sec. 3. That there shall be appointed, in the manner provided by law a deputy clerk who shall keep his office at the city of El Paso. Act June 3, 1884, c. 64, § 3, 23 Stat. 36. Time of taking effect of act; repeal. Sec. 4. That this act shall take effect and be in force on the first day of January anno Domini eighteen hundred and eighty-five; and all laws and parts of laws in conflict with this act be and the same are hereby repealed Act June 3, 1884, c. 64, § 4, 23 Stat. 36. ACT DEC. 11, 1890, c. 2. An Act to Detach the County of Grayson, in the State of Texas, from the Northern and Attach it to the Eastern Judicial District of said State. (26 Stat. 687.) Additional county transferred to eastern district. Be it enacted, &c., That the county of Grayson, in the State of Texas, be detached from the northern and attached to the eastern judicial district of the State of Texas. Act Dec. 11, 1890, c. 2, § 1, 26 Stat. 687. Grayson county was included in the northern district by Act Feb. 24, 1879, c. 97, § 1, set forth above. Sec. 2. [Relates to pending causes and past offenses.] ACT APRIL 7, 1892, c. 39. An Act to Change the Time of Holding the Courts in the Eastern Judicial District of Texas. (27 Stat. 15.) Terms of courts for eastern district. Be it enacted, &c., That the sessions of the circuit and district courts of the United States for the eastern district of Texas shall be- gin and be held at the city of Tyler on the first Monday of January and September of each year. At the city of Jefferson on the fourth Monday of January and September of each year. . At the city of Gal- veston on the third Monday of February and October of each year. At the city of Paris on the first Monday of April and third Monday of November of each year. Act April 7, 1892, c. 39, 81, 27 Stat. 15. Before this act, terms of the courts for the eastern district at Tyler, Jefferson, and Galveston were fixed by Act June 20, 1884, c. 102, 23 Stat. 48, superseding provisions of Act Feb. 24, 1879, c. 97, § 4; and terms at Paris were provided for by Act March 1, 1889, c. 333, § 17, 25 Stat. 786. This act supersedes all previous provisions on the subject. Additional terms at Beaumont are provided for by Act Feb. 8, 1897. Sec. 548) 429 Tit. 13— THE JUDICIARY —Ch. 1. c. 178, § 2, set forth below. And additional terms at Sherman are authorized by Act Feb. 19, 1901, c. 382, & 2, also set forth below. Time of taking effect of act. Sec. 2. That this act shall take effect and be in force on and after the first day of July, anno Domini eighteen hundred and ninety-two. Act April 7, 1892, c. 39, $ 2, 27 Stat. 15. Sec. 3. [Relates to pending causes.] ACT JUNE 11, 1896, c. 422. [As amended 1899, 1900.] An Act to Change the Time and Places for the District and Circuit Courts of the Northern District of Texas. (29 Stat. 456.) ( Terms of courts for northern district. Be it enacted, etc., That the United States district and circuit courts for the northern district of Texas shall be held in each year at the time and places as follows: At Dallas, in the county of Dallas, on the third Monday in January and the fourth Monday in May; at Fort Worth, in the county of Tarrant, on the first Monday in March and the fourth Monday in November; at Abilene, in the county of Taylor, on the first Monday in April and the fourth Mon- day in September; at San Angelo, in the county of Tom Green, on the third Monday in April and the third Monday in November; at Waco, in the county of McLennan, on the fourth Monday in April and the second Monday in October. Act June 11, 1896, c. 422, 29 Stat. 456. Act Feb. 10, 1900, c. 16, 31 Stat. 27. Before this act, terms of the courts for the northern district at Dallas, Graham, and Waco were fixed by Act June 20, 1884, c. 102, 23 Stat. 48, superseding provisions of Act Feb. 24, 1879, c. 97, § 4. The times for such terms are changed by an amendment of this section by Act Feb. 10, 1900, c. 16, cited above, which is incorporated into the section as set forth here. Divisions in northern district; process. Sec. 2. That all process issued against defendants residing in the counties of Brazos, Robertson, Leon, Limestone, Freestone, McLen- nan, Falls, Bell, Coryell , Hamilton, Bosque, Somervell , and Hill shall be returned to Waco. All process issued against defendants re- siding in the counties of Navarro, Johnson, Ellis, Kaufman, Dallas, Rockwall , Hunt, Collin, Denton, Cooke, and Montague shall be re- turned to Dallas. All process issued against defendants residing in the counties of Comanche, Hood, Erath, Tarrant, Parker, Palo Pinto, Wise, Clay, Jack, Young, Archer, Wichita, Wilbarger, Baylor, Hardeman, Cottle, Motley, Briscoe, Hall, Childress, Collingsworth, Donley, Armstrong, Randall, Deaf Smith, Oldham, Potter, Carson, Gray, Wheeler, Hemphill, Lipscomb, Ochiltree, Roberts, Hutchin- son, Hansford, Sherman, Moore, Hartley, and Dallam shall be re- turned to Fort Worth. ‘All process issued against defendants residing in the counties of Eastland, Stephens, Throckmorton, Shackelford, Callahan, Taylor, Jones, Haskell, Knox, Nolan, Fisher, Stonewall, Kent, Dickens, King, Crosby, Garza, Lubbock, Gaines, Andrews, Mitchell, Scurry, Borden, Howard, Martin, and Midland shall be re- 430 (Sec. 548 Tit. 13— THE JUDICIARY —Ch. 1. turned to Abilene. All process issued against defendants residing in the counties of Glasscock, Sterling, Coke, Tom Green, Crockett, Schleicher, Sutton, Irion, Mills, Runnels, Coleman, and Brown shali be returned to San Angelo. Act June 11, 1896, c. 422, & 2, 29 Stat. 456. Crockett county, included by this section in the northern district, was included previously in the western district, under Act Feb. 24, 1879, c. 79, 83, set forth above. Sec. 3. [Relates to pending causes.] This section as originally enacted provided for the transfer of "actions or proceedings now pending in the courts of said district." It is amend- ed by Act March 2, 1899, c. 369, 30 Stat. 988, to read, "actions or pro- ceedings now pending in the courts of the northern or western district of Texas." Deputy clerks for northern district. Sec. 4. That there shall be appointed, in the manner required by law, a deputy clerk, who shall keep his office at the city of Fort Worth, and also one who shall keep his office at the city of Abilene, and also one who shall keep his office at the city of San Angelo, Act June 11, 1896, c. 422, § 4, 29 Stat. 457. Terms of courts for northern district at Graham abolished. Sec. 5. That no session of the said circuit court and district court of the northern district of the State of Texas shall be held at the city of Graham after this law shall take effect, and the records of said courts shall be removed from said town of Graham to the said town of Abi- lene, and the change of the places of holding the terms of the said courts as herein provided shall not affect the validity of any process or any bond or other obligation heretofore issued or made, and the same shall be held and taken as returnable and otherwise to the re- spective courts to which they would be returnable, as provided after this law takes effect. Act June 11, 1896, c. 422, § 5, 29 Stat. 457. ACT FEB. 8, 1897, c. 178. An Act to Constitute a new Division of the Eastern Judicial Dis- trict of Texas, and to Provide for the Holding of Terms of Court at Beaumont, Texas, and for the Appointment of a Clerk for said Court. (29 Stat. 516.) Additional division in eastern district. Be it enacted, &c., That the counties of Jefferson, Orange, New- ton, Jasper, Hardin, Liberty, Tyler, San Augustine, Sabine, Polk, and San Jacinto shall constitute a division of the eastern judicial dis- trict of Texas. Act Feb. 8, 1897, c. 178, § 1, 29 Stat. 516. The divisions in the eastern district and the terms of the courts there- in previous to this act were established by Act Feb. 24, 1879, c. 97, and Act April 7, 1892, c. 39, set forth above. An additional division in the eastern district and additional terms of the courts at Sherman are established by Act Feb. 19, 1901, c. 382, set forth below. Sec. 548) 431 Tit. 13—THE JUDICIARY -Ch. 1. Terms of courts for eastern district. Sec. 2. That terms of the circuit and district courts of the United States for the said eastern district of the State of Texas shall be held twice in each year at the city of Beaumont, on the first Mondays in June and December. Act Feb. 8, 1897, c. 178, § 2, 29 Stat. 516. Process; place of prosecution of offenses. Sec. 3. That all civil process issued against persons resident in the said counties of Jefferson, Orange, Newton, Jasper, Hardin, Liberty, Tyler, San Augustine, Sabine, Polk, and San Jacinto, and cognizable before the United States courts, shall be made returnable to the courts, respectively, to be held at the city of Beaumont; and all prosecutions for offenses committed in either of said counties shall be tried in the appropriate United States court at the city of Beau- mont: [Part of section omitted relates to pending causes.] Act Feb. 8, 1897, c. 178, § 3, 29 Stat. 516. Clerks for eastern district. Sec. 4. That the clerks of the circuit and district courts for said dis- trict shall maintain an office in charge of themselves or a deputy at said city of Beaumont, which shall be kept open at all times for the transaction of the business of said division. Act Feb. 8, 1897, c. 178, § 4, 29 Stat. 516. Repeal. Sec. 5. That so much of all acts or parts of acts as are in conflict herewith are hereby repealed. Act Feb. 8, 1897, c. 178, 8 5, 29 Stat. 516. * ACT MAY 4, 1898, c. 236. An Act for the Removal of Suits from the Courts of the State of Texas to the Courts of the United States in the State of Texas. . (30 Stat. 397.) Removal of causes from State courts. Be it enacted, &c., That in cases of removal of suits from the courts of the State of Texas to the courts of the United States in said State of Texas such removal shall be to the United States court in the division where the county is situated from which the removal is made, and the time within which the removal shall be perfected, in so far as it refers to or is regulated by the terms of the United States court, shall be deemed to refer to the terms of the United States courts in such division. Act May 4, 1898, c. 236, § 1, 30 Stat. 397. Repeal. Sec. 2. That all laws in conflict with the provisions of this Act be, and the same are hereby, repealed. . Act May 4, 1898, c. 236, § 2, 30 Stat. 397. ACT FEB. 2, 1899, c. 81. An Act to Transfer the County of Menard, in the State of Texas, 432 (Sec. 548 Tit. 13— THE JUDICIARY —Ch- . 1. from the Western District of Texas to the Northern District of Texas, and for Other Purposes. (30 Stat. 812.) Additional county transferred to northern district. Be it enacted, &c., That the county of Menard, in the State of Texas, now included in and a part of the western district of Texas, shall be hereafter in, and constitute part of, the northern district of Texas. Act Feb. 2, 1899, c. 81, § 1, 30 Stat. 812. Menard county was included in the western district by Act Feb. 24, 1879, c. 97, § 3, set forth above. Sec. 2. [Relates to past offenses and pending causes.] Place of bringing suit, and of prosecution of offenses. Sec. 3. That from and after the passage of this Act all causes of criminal or civil nature, originating in said county of Menard and heretofore returnable to the Federal district court of the western district of Texas, at Austin, Texas, shall be returnable to the Fed- eral district court of the northern district of Texas at San Angelo, Texas. Act Feb. 2, 1899, c. 81, § 3, 30 Stat. 813. Time of taking effect of act; repeal. Sec. 4. That this Act shall take effect from and after its passage; and all laws and parts of laws in conflict with this Act are hereby repealed. Act Feb. 2, 1899, c. 81, § 4, 30 Stat. 813. ACT MARCH 2, 1899, c. 393. An Act to Provide for Terms of the Circuit and District Courts of the Western Judicial district of the State of Texas to be held at the City of Laredo, and for Other Purposes. (30 Stat. 1002.) Terms of courts for western district. Be it enacted, &c., That there shall be two terms of the circuit and district courts of the western district of Texas, held on the third Mon- day in March and the first Monday in December in each year, at the city of Laredo. Act March 2, 1899, c. 393, § 1, 30 Stat. 1002. The divisions in the western district and the terms of the courts there- in previous to this act were established by Act Feb. 24, 1879, c. 97, and amendments thereof, as set forth above. Process. Sec. 2. That all process issued after this Act shall take effect against defendants residing in the counties of Webb, Zapata, Duval, Encinal, Lasalle, and McMullen shall be returned to the city of Laredo. * * [Part of section omitted relates to pending causes.] Act March 2, 1899, c. 393, § 2, 30 Stat. 1002. Deputy clerk for western district. Sec. 3. That there shall be appointed, in the manner provided by law, a deputy clerk, who shall keep his office at the city of Laredo. Act March 2, 1899, c. 393, § 3, 30 Stat. 1002. Sec. 548) 433 Tit. 13--THE JUDICIARY --Ch. 1. Repeal. Sec. 4. That all laws and parts of laws in conflict with this Act be, 4 and the same are hereby, repealed. Act March 2, 1899, c. 393, 84, 30 Stat. 1002. ACT APRIL 12, 1900, c. 186. An Act to Attach the County of Foard, in the State of Texas, to the Fort Worth Division of the Northern District of Texas, and Providing that All Process Issued against Defendants Residing in Said County shall be Returned to Fort Worth. (31 Stat. 74.) ( Additional county transferred to northern district; process. Be it enacted, etc., That the county of Foard, in the State of Texas, be, and the same is hereby, assigned to the Fort Worth division of the northern judicial district of the State of Texas, and that all process is- sued against defendants residing in the said county of Foard shall be returned to Fort Worth. Act April 12, 1900, c. 186, 31 Stat. 74. ACT MAY 26, 1900, c. 590. An Act to Detach the County of Concho from the Western Judicial District of Texas and Attach the Same to the Northern Judicial District of Texas, and for Other Purposes. (31 Stat. 218.) ) Additional county transferred to northern district. Be it enacted, etc., That the county of Concho, in the State of Texas, is hereby detached from the western and attached to the northern judicial district of the State of Texas. Act May 26, 1900, c. 590, § 1, 31 Stat. 218. Concho county was included in the western district by Act Feb. 24, 1879, c. 97, § 3, set forth above. Sec. 2. [Relates to past offenses and pending causes.] Process; place of prosecution of offenses. Sec. 3. That hereafter all process issued against defendants resid- ing in said county of Concho shall be returned to San Angelo, Texas. All offenses committed in said county in which proceedings have not been begun shall be prosecuted in said northern district. Act May 26, 1900, c. 590, $ 3, 31 Stat. 219. Repeal. Sec. 4. That all laws and parts of laws so far as in conflict herewith are hereby repealed. Act May 26, 1900, c. 590, $ 4, 31 Stat. 219. ACT FEB. 19, 1901, c. 382. [As amended 1901.] An Act to Constitute a New Division of the Eastern Judicial District of Texas, and to Provide for the Holding of Terms of Court at Sherman, Texas, and for the Appointment of a Clerk for Said Court, and for Other Purposes. (31 Stat. 798.) Additional division in eastern district. Be it enacted, etc., That the counties of Grayson, Cooke, Mon- LAWS '01-28 434 (Sec. 548 Tit. 13— THE JUDICIARY –Ch. 1. tague, Collin, and Denton shall constitute a division of the east- ern judicial district of Texas. Act Feb. 19, 1901, c. 392, § 1, 31 Stat. 798. The divisions in the eastern district previous to this act were estab- lished by Act Feb. 24, 1879, c. 97, Act April 7, 1892, c. 39, and Act Feb. 8, 1897, c. 178, set forth above. Terms of courts for eastern district. Sec. 2. That terms of the circuit and district courts of the United States for the said eastern district of Texas shall be held twice in each year at the city of Sherman, and that, until otherwise provided by law, the judges of said courts shall fix the times at which said court shall be held at Sherman, of which they shall make publication and give due notice. Act Feb. 19, 1901, c. 382, § 2, 31 Stat. 798. The terms of the courts for the eastern district previous to this act were appointed by Act Feb. 24, 1879, c. 97, Act April 7, 1892, c. 39, and Act Feb. 8, 1897, c. 178, set forth above. Additional counties transferred to eastern district. Sec. 3. That the counties of Cooke, Denton, Montague, and Collin are hereby detached from the northern judicial district of Texas and attached to the eastern judicial district of Texas. Act Feb. 19, 1901, c. 382, § 3, 31 Stat. 798. See note under section 1 of this act. Process; place of prosecution of offenses. Sec. 4. That all civil process issued against persons resident in the said counties of Grayson, Cooke, Montague, Denton, and Collin, and cognizable before the United States courts, shall be made re- turnable to the courts respectively to be held at the city of Sherman; and all prosecutions for offenses committed in either of said counties shall be tried in the appropriate United States courts at the city of Sherman : * [Part of section of section omitted relates to pending causes.] Act Feb. 19, 1901, c. 382, § 4, 31 Stat. 798. Clerks for eastern district. Sec. 5. That the clerk of the circuit court of said eastern district shall maintain an office, in charge of himself or a deputy, at the said city of Sherman, which shall be kept open at all times for the transac- tion of the business of said division; and the district judge for the said eastern district shall appoint a clerk of the district court who shall maintain an office at the said city of Sherman, which shall be kept open at all times for the transaction of the business of said division. Act Feb. 19, 1901, c. 382, § 5, 31 Stat. 798. Act March 3, 1901, c. 881, 31 Stat. 1458. This section, as originally enacted, provided “that the clerks of the circuit and district courts of said district shall maintain an office, in charge of themselves or a deputy, at the said city of Sherman, which shall be kept open at all times for the transaction of the business of said division.” It is amended by Act March 3, 1901, c. 881, cited above, to read as set forth here. Sec. 548) 435 Tit. 13— THE JUDICIARY —Ch. 1. Repeal. Sec. 6. That so much of all Acts or parts of Acts as are in conflict herewith are hereby repealed. Act Feb. 19, 1901, c. 332, § 6, 31 Stat. 798. [UTAH.] ACT MARCH 2, 1897, c. 366. An Act to Provide Times and Places for Holding Terms of the United States Courts in Utah. (29 Stat. 620.) Utah; one district; terms of circuit court. Be it enacted, &c., That the circuit court of the United States in and for the State of Utah shall be held at the time and place pro- vided by law for holding the United States district court in and for said State. Act March 2, 1897, c. 366, § 1, 29 Stat. 620. The act admitting the State of Utah into the Union constituted the State one judicial district, and provided for holding circuit and district courts therefor, and for the appointment of a district judge and other officers, fixed the terms of the courts, and defined the jurisdiction and powers of the courts and of the judges thereof, and the powers, duties, and fees and compensation of officers. Act July 16, 1894, c. 138, $$ 14-16, 28 Stat. 110. The provisions of the act of admission relating to the terms of the courts are superseded by sections 1, 2, 5, of this act. Divisions in district. Sec. 2. That for the purpose of holding terms of the district court, said district shall be divided into two divisions, to be known as the northern and central divisions. The counties of Weber, Davis, Mor- gan, Rich, Cache, and Boxelder shall constitute the northern divi- sion, the court for which shall be held at the city of Ogden; and all remaining counties of the said State shall constitute the central di- vision, the court for which shall be held at the city of Salt Lake. Act March 2, 1897, c. 366, § 2, 29 Stat. 620. Place of bringing suit; process; place of trial of issues of fact. Sec. 3. That all civil suits not of a local character which shall be brought in the district or circuit courts of the United States for the district of Utah, in either of said divisions, against a single defendant, , or where all the defendants reside in the same division of said district, shall be brought in the division in which the defendant or defendants reside, or if there are two or more defendants residing in different divisions, such suit may be brought in either division; and all mesne and final process subject to the provisions of this Act issued in either of said divisions may be served and executed in either or both of said divisions. All issues of fact in civil causes triable in any of the said courts shall be tried in the division where the defendant, or one of the defendants, reside, unless by consent of both parties the case shall be removed to some other division. Act March 2, 1897, c. 366, § 3, 29 Stat. 620. Deputy clerks. Sec. 4. That the clerks of the circuit and district courts for said district shall each appoint a deputy clerk at each of the places where 436 (Sec. 548 Tit. 13—THE JUDICIARY —Ch. 1. their respective courts are required to be held in the divisions of the district, except in the division in which such clerk shall himself re- side, each of which deputies shall, in the absence of the clerk, exer- cise all the powers and perform all the duties of the clerk within the division for which he shall be appointed: Provided, That the ap- pointment of such deputies shall be approved by the court for which they shall have been respectively appointed, and may be annulled by such court at its pleasure; and the clerks shall be responsible for the official acts and negligence of all such deputies. Act March 2, 1897, c. 366, § 4, 29 Stat. 620. Terms of district court. Sec. 5. That the terms of the district court for the district of the State of Utah shall be held at the city of Salt Lake, beginning on the first Monday of May and the first Monday of December in each year, and at the city of Ogden, beginning on the first Monday of March and the first Monday of September of each year; of section omitted relates to pending causes.] Act March 2, 1897, c. 366, § 5, 29 Stat. 621. Sec. 6. [Relates to pending causes.] * [Part [VERMONT.) ACT JUNE 5, 1874, c. 214. An Act Changing the Time of Holding Circuit and District Courts in Vermont. (18 Stat. 53.) Vermont; times for terms of courts. Be it enacted, &c., That the term of the circuit court holden at Rutland on the third day of October shall be held on the first Tuesday in October, and the term of the district court holden at Rutland on the sixth day of October shall be held on the first Tuesday of Oc- tober. The term of the circuit court holden at Windsor on the fourth . Tuesday in July shall be held on the third Tuesday in May, and the term of the district court held at Windsor on the Monday after the fourth Tuesday of July shall be on the third Tuesday in May: * [Part of section omitted is temporary.] Act June 5, 1874, c. 214, 18 Stat. 53. The State of Vermont is constituted one judicial district by Rev. St. $ 531. Regular terms of the district court and circuit court at Burlington, Windsor, and Rutland were appointed by Rev. St. 88 572, 658. Be- sides the change of times for the terms at Rutland and Windsor by this act, an adjournment of one of the terms of each court to Montpelier is authorized by Act July 3, 1894, c. 123, set forth below. * ACT JULY 3, 1894, c. 123. An Act to Provide that a Term of the Circuit and District Court of the United States for the District of Vermont may be held at Montpelier. (28 Stat. 99.) Adjourned terms of courts. Be it enacted, &c., That hereafter in each year one of the stated Secs. 548–549) 437 Tit. 13— THE JUDICIARY —Ch. 1. terms of the circuit and district court for the district of Vermont may, when adjourned, be adjourned to meet at Montpelier. Act July 3, 1894, c. 123, § 1, 28 Stat. 99. Repeal. Sec. 2. That all Acts and parts of Acts in conflict with this Act are hereby repealed. Act July 3, 1894, c. 123, $ 2, 28 Stat. 99. [VIRGINIA.] Sec. 549. Virginia. The State of Virginia is divided into two districts, which shall be called the eastern and western districts of Virginia. The western district includes the counties of Albemarle, Alleghany, Amherst, Appomattox, Augusta, Bath, Bedford, Bland, Botetourt, Buchanan, Buckingham, Campbell, Carroll, Charlotte, Clarke, Craig, Cumber- land, Floyd, Franklin, Frederick, Fluvanna, Giles, Grayson, Greene, Halifax, Henry, Highland, Lee, Madison, Montgomery, Nelson, , Patrick, Page, Pulaski, Pittsylvania, Rappahannock, Roanoke, Rock- bridge, Rockingham, Russell, Scott, Smyth, Shenandoah, Tazewell, Washington, Wise, Wythe, and Warren. The eastern district in- cludes the residue of said State. Act Feb, 3, 1871, c. 35, $S 1, 3, 16 Stat. 403. Regular terms of the district courts and the circuit court for the eastern district at Richmond, Alexandria, and Norfolk, for the western district at Danville, Lynchburg, Abingdon, and Harrisonburg, are ap- pointed by Rev. St. $$ 572, 658. The times of holding the terms of the courts for the western district are changed by Act Sept. 25, 1890, C. 922, set forth below. And an additional term of the district court for the western district at Charlottesville is provided for by Act April 18, 1900, c. 245, also set forth below. The appointment of one clerk of the district court for the eastern dis- trict, with as many deputies as necessary, is provided for by Act March 3, 1899, c. 452, post, following Rev. St. $ 560. Provisions for clerks of both the circuit and district courts for the western district are contained in Rev. St. $ 622. ACT SEPT. 25, 1890, c. 922. An Act to Amend Section Five hundred and seventy-two of the Revised Statutes so as to Provide for the Holding of the Regu- lar Terms of the Circuit and District Courts for the Western Districts of Virginia. (26 Stat. 474.) Terms of courts for western district. Be it enacted, &c., That hereafter the circuit and district courts of the United States for the western district of Virginia shall be held: At Danville on the Tuesday after the second Monday in April and November; at Lynchburg on the Tuesday after the second Monday in March and September; at Abingdon on the Tuesday after the first Monday in May and October, and at Harrisonburgh on the Tuesday after the first Monday in June and December, instead of at the times now provided by law. All process, bonds, and recogni- 438 (Sec. 549 Tit. 13— THE JUDICIARY —Ch. 1. zances heretofore issued or existing, having relation to the terms of said courts as now by law existing, shall be deemed and taken to have relation and effect at, and in respect of, the terms of said courts in this act fixed. Act Sept. 25, 1890, c. 922, 26 Stat. 474. ACT APRIL 18, 1900, c. 245. An Act to authorize the holding of a regular term of the district court of the United States for the western district of Virginia in the city of Charlottesville, Virginia. Additional term of district court for western district. Be it enacted, etc., That a regular term of the district court of the United States for the western district of Virginia shall be held in each year in the city of Charlottesville, Virginia, on the second Mon- day in January. Act April 18, 1900, c. 245, 31 Stat. 136. [WASHINGTON.] ACT APRIL 5, 1890, c. 65. An Act to Provide for the Times and Places to Hold Terms of the United States Courts in the State of Washington. (26 Stat. 45.) Washington; one district. Be it enacted, &c., That the State of Washington shall constitute one judicial district. Act April 5, 1890, c. 65, § 1, 26 Stat. 45. The act admitting the State of Washington, with other states, into the Union, constituted the State one judicial district, and provided for hold- ing circuit and district courts therefor, and for the appointment of a district judge and other officers, fixed the terms of the courts, and de- fined the jurisdiction and powers of the courts and of the judges there- of, and the powers, duties, and fees and compensation of officers. Act Feb. 22, 1889, c. 180, $ 21, 25 Stat. 682. The provisions of the act of admission relating to the terms of the courts are superseded by sections 2, 3, and 6 of this act. Terms of circuit court; juries. Sec. 2. That the circuit court of the United States in and for the State of Washington shall be held at the times and places provided by law for the holding of the United States district court in and for said district, and one grand and one petit jury only shall be sum- moned to serve in both said courts when held at the same place. Act April 5, 1890, c. 65, $ 2, 26 Stat. 45. Divisions in district. Sec. 3. That for the purpose of holding terms of the district court, said district shall be divided into four divisions, to be known as the eastern, southern, northern, and western divisions. The counties of Spokane, Stevens, Okanogan, Douglas, Lincoln, Adams, and , Kittitass, including any and all Indian reservations in one or more of said counties, shall constitute the eastern division, the court for Sec. 549) Tit. 13— THE JUDICIARY —Ch. 1. 439 which shall be held at the city of Spokane Falls. The counties of Whitman, Asotin, Garfield, Columbia, Walla Walla, Franklin, Yaki- ma, and Klickitat, including any and all Indian reservations in one or more of said counties, shall constitute the southern division, the court for which shall be held at the city of Walla Walla. The counties of Whatcom, Skagit, San Juan, Island, Snohomish, Clallam, Jefferson, Kitsap, and King, including any and all Indian reservations in one or more of said counties, shall constitute the northern di- vision, the court for which shall be held at the city of Seattle. The counties of Pierce, Mason, Thurston, Chehalis, Pacific, Lewis, Wah- kiakum, Cowlitz, Clarke, and Skamania, including any and all In- dian reservations in one or more of said counties, shall constitute the western district, the court for which shall be held at the city of Tacoma. Act April 5, 1890, c. 65, § 3, 26 Stat. 45. Place of bringing suit, and of trial of issues of fact. Sec. 4. That all civil suits not of a local character, which shall be brought in the district or circuit courts of the United States for the district of Washington, in either of the said divisions against a single defendant, or where all the defendants reside in the same di- vision of said district, shall be brought in the division in which the defendant or defendants reside, or, if there are two or more de- fendants residing in different divisions, such suit may be brought in either division, and all mesne and final process subject to the pro- visions of this act, issued in either of said divisions, may be served and executed in either or all of said divisions. All issues of fact in civil causes triable in any of the said courts shall be tried in the division where the defendant or one of the defendants reside, unless by consent of both parties the case shall be removed to some other division. Act April 5, 1890, c. 65, $ 4, 26 Stat. 45. Deputy clerks. Sec. 5. That the clerk of the circuit and district courts for said district shall each appoint a deputy clerk at the place where their respective courts are required to be held in the division of the dis- trict in which such clerk shall not himself reside, each of whom shall, in the absence of the clerk, exercise all the powers and perform all the duties of the clerk within the division for which he shall be appointed: Provided, That the appointment of such deputies shall be approved by the court for which they shall have been respectively appointed, and may be annulled by such court at its pleasure, and the clerks shall be responsible for the official acts and negligence of all such deputies. Act April 5, 1890, c. 65, 85, 26 Stat. 45. Terms of district court; repeal. Sec. 6. That the terms of the district court for the district of the State of Washington shall be held at the city of Spokane Falls on the first Tuesday of September and April in each year; at the city of Walla Walla on the first Tuesday of November and May in each year; at the city of Seattle on the first Tuesday of December and 440 (Sec. 549 Tit. 13—— THE JUDICIARY —Ch. 1. June in each year, and at the city of Tacoma on the first Tuesday in February and July of each year. And the provision of statute now existing for the holding of said courts on the first Monday in April and November in each year is hereby repealed and all suts, prose- cutions, process, recognizances, bail bonds, and other things pending in or returnable to said court on the days last named, are hereby transferred to and shall be made returnable to and have force in the said respective terms in this act, provided in the same manner and with the same effect as they would have had had said existing statute not been passed. Act April 5, 1890, c. 65, § 6, 26 Stat. 45. [WEST VIRGINIA.] ACT JAN. 22, 1901, c. 105. An Act to Divide the State of West Virginia into Two Judicial Dis- tricts. (31 Stat. 736.) West Virginia; divided. Be it enacted, etc., That section five hundred and thirty-one of the Revised Statutes is hereby amended by striking therefrom the words "West Virginia.” Act Jan. 22, 1901, c. 105, § 1, 31 Stat. 736. The state of West Virginia was constituted one judicial district by Rev. St. § 531, as originally enacted; but this act strikes the name of the state from that section, and divides the state into a northern dis- trict and a southern district, as described in section 2. Districts. Sec. 2. That the State of West Virginia is divided into two judicial districts, which shall be called the northern and southern judicial districts of the State of West Virginia. The northern district in- cludes the counties of Hancock, Brooke, Ohio, Marshall, Tyler, Pleasants, Wood, Wirt, Ritchie, Doddridge, Wetzel, Monongalia, Ma- rion, Harrison, Lewis, Gilmer, Calhoun, Upshur, Barbour, Taylor, Preston, Tucker, Randolph, Pendleton, Hardy, Grant, Mineral, Hamp- shire, Morgan, Berkeley, and Jefferson, with the waters thereof; the southern district includes the residue of said State of West Virginia, with the waters thereof. Act Jan. 22, 1901, c. 105, § 2, 31 Stat. 736. District judge and clerks for northern district. Sec. 3. That the district judge of the judicial district of West Virginia as heretofore constituted and in office at the time this Act takes effect shall be the district judge for the northern judicial dis- trict of West Virginia as constituted by this Act; that the clerk of the circuit court and the clerk of the district court in said judicial district of West Virginia as heretofore constituted and in office at the time this Act takes effect shall be the clerks of the circuit and district courts of the northern judicial district of West Virginia, respectively, as hereby constituted, until their successors, respec- tively, shall be appointed and qualified. Act Jan. 22, 1901, c. 105, $ 3, 31 Stat. 736. Sec. 549) 441 Tit. 13— THE JUDICIARY —Ch. 1. Marshal and district attorney and other officers for northern district. Sec. 4. That the President of the United States, by and with the advice and consent of the Senate, shall appoint a marshal and dis- trict attorney for the northern judicial district of West Virginia as hereby constituted, who shall, within their respective jurisdic- tions, possess and exercise all the powers conferred by existing law upon the marshals and district attorneys of the United States, re- spectively. All other officers residing within said northern district as hereby constituted shall continue to be and act as such officers within their respective jurisdictions in said northern district as here- by constituted until their successors, respectively, are duly appointed and qualified under the provisions of existing law. Act Jan. 22, 1901, c. 105, $ 4, 31 Stat. 736. District judge for southern district. Sec. 5. That the President of the United States, by and with the advice and consent of the Senate, shall appoint a district judge for the southern judicial district of West Virginia, who shall possess and exercise all the powers conferred by existing law upon the judges of the district courts of the United States, and who shall, as to all business and proceedings arising in said southern judicial district as hereby constituted, or transferred thereto, succeed to and possess the same powers and perform the same duties within the said southern judicial district as are now possessed by and performed by the district judge of the district of West Virginia. Act Jan. 22, 1901, c. 105, § 5, 31 Stat. 736. Marshal and district attorney, clerk, and other officers for southern district. Sec. 6. That the marshal and district attorney of the judicial dis- trict of West Virginia as heretofore constituted and in office at the time this Act takes effect shall be the marshal and district at- torney, respectively, for the southern judicial district of West Vir- ginia as constituted by this Act until the expiration of their re- spective terms, or until their successors, respectively, shall be ap- pointed and qualified. All other officers residing within said southern district of West Virginia as constituted by this Act shall continue as such officers until the expiration of their respective terms and until their successors, respectively, shall be duly appointed and quali- fied. The clerk of the circuit and district courts in the southern judicial district of West Virginia as hereby constituted shall be appointed under the provisions of existing law. Act Jan. 22, 1901, c. 105, $ 6, 31 Stat. 737. Salaries, fees, etc., of judges and other officers. Sec. 7. That the salaries, pay, fees, and allowances of the judges, district attorneys, marshals, clerks, and other officers in said dis- tricts, until changed under the provisions of existing law, shall be the same, respectively, as now fixed by law for such officers in the judicial district of West Virginia as heretofore constituted. Act Jan. 22, 1901, c. 105, § 7, 31 Stat. 737. Sec. 8. [Relates to pending causes.] 442 (Sec. 549 Tit. 13— THE JUDICIARY —Ch. 1. Terms of courts. Sec. 9. That the regular terms of the circuit and district courts of 9 the United States for the northern district of West Virginia shall begin at the following times and places in each year: At Wheeling on the first Tuesday of April and third Tuesday of September. At Clarksburg on the third Tuesday of April and first Tuesday of Oc- tober. At Martinsburg on the third Tuesday of October. And the circuit court shall be held at Parkersburg, beginning on the second Tuesday of January and second Tuesday of June of each year. That the regular terms of the circuit and district courts of the United States for the southern district of West Virginia shall begin at the following times and places in each year: At Charleston on the first Tuesday of May and second Tuesday of November. At Huntington, in the county of Cabell, on the first Tuesday of April and third Tuesday of September. At Bluefield, in the county of Mercer, on the first Tuesday of June and the first Tuesday of De- cember. Act Jan. 22, 1901, c. 105, § 9, 31 Stat. 737. Regular terms of the district court at Clarksburg, Wheeling, and Charleston were appointed by Rev. St. $ 572, and of the circuit court at Parkersburg by Rev. St. $ 658; the district court having the jurisdiction of a circuit court, of all causes except appeals and writs of error, under Rev. St. § 571. The times of holding the terms of the district court were changed by Act March 9, 1878, c. 27, 20 Stat. 27, and the terms of the circuit court by Act Dec. 21, 1878, c. 9, 20 Stat. 259. Additional terms of both courts at Martinsburg were provided for by Act May 17, 1888, c. 261, 25 Stat. 151. On the repeal of Rev. St. § 571, which con- ferred on the district court circuit court powers, by Act Feb. 6, 1889, c. 113, § 5, post, under Rev. St. $ 608, terms of the circuit court were directed by section 1 of that act to be held at the times and places provided for holding the district court. The times of holding the terms of both courts were changed by Act April 6, 1892, c. 36, 27 Stat. 14. But these provisions were superseded by Act July 22, 1892, c. 227, 27 Stat. 254, which makes another similar change. All previous provisions re- lating to the district and to terms of the courts therefor are superseded by the provisions of this act, dividing the State into two districts, and establishing divisions in each district, and terms of the courts therein. Duration of terms; adjournments. Sec. 10. That the terms of said courts shall not be limited to any particular number of days, nor shall it be necessary to adjourn by reason of the intervention of a term elsewhere; but the court inter- vening may be adjourned until the business of the court in session is concluded. Act Jan. 22, 1901, c. 105, $ 10, 31 Stat. 738. Adjournment in case of nonattendance of judge. Sec. 11. That the provisions of section five hundred and eighty- four of the Revised Statutes are hereby extended to said districts hereby created. Act Jan. 22, 1901, c. 105, § 11, 31 Stat. 738. Rev. St. § 584, referred to in this section, authorizes adjournments of certain specified district courts by the clerk, if the judge is not present at the time for opening the court. Secs. 549–550) 443 Tit. 13— THE JUDICIARY —Ch. 1. Place of prosecution of offenses. Sec. 12. That all prosecutions for crimes or offenses hereafter com- mitted in either of said districts shall be cognizable within the dis- trict in which committed, * * [Part of section omitted relates to past offenses.] Act Jan, 22, 1901, c. 105, $ 12, 31 Stat. 738. Repeal. Sec. 13. That all laws and parts of laws so far as inconsistent with the provisions of this Act are hereby repealed. Act Jan. 22, 1901, c. 105, § 13, 31 Stat. 738. Time of taking effect of act. Sec. 14. That this Act shall take effect on the first day of July, nineteen hundred and one. Act Jan. 22, 1901, c. 105, $ 14, 31 Stat. 738. [WISCONSIN.) Sec. 550. Wisconsin. The State of Wisconsin is divided into two districts, which shall be called the eastern and western districts of Wisconsin. The west- ern district includes the counties of Rock, Jefferson, Dane, Green, Grant, Columbia, Iowa, La Fayette, Sauk, Richland, Crawford, Vernon, La Crosse, Monroe, Adams, Juneau, Buffalo, Chippewa, Dunn, Clark, Jackson, Eau Claire, Pepin, Marathon, Wood, Pierce, Polk, Portage, Saint Croix, Trempealeau, Douglas, Barron, Bur- nett, Ashland, and Bayfield. The eastern district includes the resi- due of said State. Act June 29, 1870, c. 175, $$ 1, 3, 16 Stat. 171. Regular terms of the district court and the circuit court, for the east- ern district at Oshkosh and Milwaukee, and for the western district at Madison and La Crosse, were appointed by Rev. St. $8 572, 658. The time for the terms of both courts at Oshkosh was changed by Act June 16, 1874, c. 286, 18 Stat. 75. These provisions are superseded by the appointment of different terms for both courts, for the western district by Act Aug. 5, 1886, c. 932, set forth below, and for the eastern district by Act March 31, 1892, c. 28, also set forth below. And additional terms of both courts for the western district at Superior are provided for by Act May 26, 1900, c. 591, set forth below. ACT AUG. 5, 1886, c. 932. An Act in Relation to the Western Judicial District of Wisconsin. (24 Stat. 337.) Terms of courts for western district. Be it enacted, &c. That the regular terms of the circuit and dis- trict courts in the western district of Wisconsin shall be held at the times and places following: At Eau Claire, on the first Tuesday in June; at La Crosse, on the third Tuesday in September; and at Madison, on the first Tuesday in December in each year; and 444 (Sec. 550 Tit. 13— THE JUDICIARY —Ch. 1. the clerk residing at Madison shall attend all terms of said courts at Eau Claire as clerk thereof. Act Aug. 5, 1886, c. 932, 24 Stat. 337. This act supersedes the previous provisions on the subject contained in Rev. St. $$ 572, 058. Additional terms of both courts for the western district at Superior are provided for by Act May 26, 1900, c. 591, set forth below. ACT MARCH 31, 1892, c. 28. An Act to Determine the Sessions of the Circuit and District Courts of the United States for the Eastern District of Wis- consin. (27 Stat. 12.) Terms of courts for eastern district. Be it enacted, &c., That the regular terms of the circuit and dis- trict courts of the United States for the eastern district of Wisconsin shall be held at the times and places following: At Milwaukee, on the first Mondays of January and October, and at Oshkosh on the second Tuesday of June in each year. Act March 31, 1892, c. 28, § 1, 27 Stat. 12. Amendment of previous provisions. Sec. 2. That sections five hundred and seventy-two and six hundred and fifty-eight of the Revised Statutes, so far as they provide for different times for holding said courts, are hereby amended to con- form to this act. Act March 31, 1892, c. 28, 27 Stat. 12. This act supersedes the previous provisions on the subject contained in Act June 16, 1874, c. 268, 18 Stat. 75, as well as those in Rev. St. $$ 572, 658. ACT MAY 26, 1900, c. 591. An Act to Provide for the Holding of a Term of the Circuit and District Courts of the United States at Superior, Wisconsin. (31 Stat. 219.) Additional terms of courts for western district. Be it enacted, etc., That a term of the circuit and district courts of the United States for the western district of Wisconsin shall be held annually at the city of Superior, beginning on the third Tues- day in June. Act May 26, 1900, c. 591, § 1, 31 Stat. 219. Other terms of the courts for the western district are appointed by Act Aug. 5, 1886, c. 932, set forth above. Clerk and deputy clerk for western district. Sec. 2. The clerk of the United States circuit and district courts at Madison, Wisconsin, shall be the clerk of the United States cir- cuit and district courts, at Superior, Wisconsin, and he shall appoint a deputy clerk of said courts to reside at Superior, Wisconsin, with the usual powers of a deputy clerk in such cases, whose compensa- tion shall be such proportion of the fees accruing from business Sec. 550) 445 Tit. 13–– THE JUDICIARY —Ch. 1. done in the said courts at Superior as shall be fixed by the judge of said western district. Act May 26, 1900, c. 591, § 2, 31 Stat. 219. Court rooms. Sec. 3. The Attorney-General is hereby authorized to rent such room or rooms in said city as may be necessary or convenient for holding the terms of said court by the provisions hereof authorized. Act May 26, 1900, c. 591, § 3, 31 Stat. 219. [WYOMING.] ACT MAY 23, 1892, c. 77. An Act to Provide for a Term of the United States Circuit and District Courts at Evanston, Wyoming. (27 Stat. 39.) , Wyoming; terms of courts. Be it enacted, &c., That hereafter, and until otherwise provided by law, there shall be held annually, on the first Monday in July a term of the circuit and district courts for the district of Wyoming at the town of Evanston, in said district, said term to be in addition to the terms now required by law to be held at the city of Cheyenne, in said district. Act May 23, 1892, c. 77, § 1, 27 Stat. 39. The act admitting the State of Wyoming into the Union constituted the State one judicial district, and provided for holding circuit and dis- trict courts therefor, and for the appointment of a district judge and other officers, fixed the terms of the courts, and defined the jurisdiction and powers of the judges thereof, and the powers, duties, and fees and compensation of officers. Act July 10, 1890, c. 664, SS 16-18, 26 Stat. 225. The Yellowstone National Park constitutes part of the district, under Act May 7, 1894, c. 72, § 2, post, following Rev. St. § 2475, for all the purposes of that act. The act of admission appointed regular terms of the courts to be held at the capital of the State. The times for these terms at Cheyenne are chauged by Act July 5, 1892, c. 145, $ 8, set forth below. And in ad- dition to the terms at Evanston, and the special terms provided for by this act, terms of both courts at Sheridan and at any other place in the district or in Yellowstone National Park, at such dates as the courts may order, are authorized by Act May 7, 1894, c. 72, $ 6, post, follow- ing Rev. St. § 2475. Deputy marshal and deputy clerk. Sec. 2. That the marshal and clerk of said district shall each, re- spectively, appoint at least one deputy, to reside in said town of Evanston, unless he himself shall reside there, and he shall also main- tain an office at that place. Act May 23, 1892, c. 77, 82, 27 Stat. 39. Additional special terms of courts. Sec. 3. That the judge of the United States circuit or district court for said district may, by order, from time to time, appoint and hold special terms of said courts in said district, whenever the interest of the public and the condition of the docket shall so require. Act May 23, 1892, c. 77, § 3, 27 Stat. 39. 446 (Secs. 550-551 Tit. 13— THE JUDICIARY —Ch. 2. ACT JULY 5, 1892, c. 145, $ 8. Times for terms of courts. That instead of the times now fixed by law, the terms of the circuit and district courts of the United States for the district of Wyoming to be held at Cheyenne shall commence on the second Monday in May and the second Monday in November in each year. Act July 5, 1892. c. 145, $ 8, 27 Stat. 73. Terms of the courts were appointed to be held at the capital of the State by the act admitting the State into the Union, Act July 10, 1890, c. 664, $ 16, 26 Stat. 225. Terms of the courts at other places in the district are authorized by Act May 23, 1892, c. 77, set forth above, and by other provisions re- ferred to in the note under that act. CHAPTER TWO. District Courts-Organization. Sec. 551. District judges, appointment and residence. 552. Judges in Alabama, Georgia, Miss- issippi, North Carolina, South Carolina, and Tennessee. Act June 14, 1878, c. 196. • 1. District judge for western dis- trict of Tennessee. 2. Salary and powers of district judge for western district of Tennessee. 3. District judge for middle and eastern districts of Tennessee. 4. Repeal. Act Aug. 2, 1886, c. 842. 1. District judge for southern dis- trict of Alabama. 2. District judge for northern and middle districts of Alabama. 553. [Repealed.] 554. Salaries of district judges. Act March 3, 1881, c. 130, $ 1. Time of payment of salaries of judges. Sec. Act Feb. 24, 1891, c. 287. Amount of salaries of district judges. Act March 3, 1891, c. 541, § 1. Time of payment of salaries of dis- trict judges. 555. Clerks. 556. Arkansas, eastern district; clerks. Act July 31, 1894, c. 174, $ 1. Illinois, northern district; clerk. 557. Kentucky; clerks. 558. Deputy clerks. 559. Deputy clerks of the district court in Indiana. 560. [Superseded.] Act March 3, 1899, c. 452. 1. Virginia, eastern district; clerk. 2. Acts of acting clerks validated. 3. Records; eastern district of Vir- ginia. 4. Time of taking effect of act. 561. Compensation of deputy clerks. 562. Records, where kept. Sec. 551. District judges, appointment and residence. A district judge shall be appointed for each district, except in the cases hereinafter provided. Every such judge shall reside in the district for which he is appointed, and for offending against this provision shall be deemed guilty of a high misdemeanor. Conn., Del., Ky., Me., Md., Mass., N. H., N. J., N. Y., Pa., Va., Act Sept. 24, 1789, c. 20, $ 3, 1 Stat. 73. Act Dec. 18, 1812, c. 5, 2 Stat. Secs. 551-552) - Tit. 13—THE JUDICIARY —Ch447 . 2. 788. Ark., Act June 15, 1836, c. 100, $ 4, 5 Stat. 51. Cal., Act July 27, 1866, c. 280, § 1, 14 Stat. 300. Fla., Act March 3, 1843, c. 75, 8 3, 5 Stat. 788. Act Feb. 23, 1847, c. 20, § 1, 9 Stat. 131. Ill., Act March 3, 1819, c. 70, § 2, 3 Stat. 502. Act Feb. 13, 1855, c. 96, § 7, 10 Stat. 607. Ind., Act March 3, 1817, c. 100, § 2, 3 Stat. 390. Iowa, Act March 3, 1845, c. 76, $ 2, 5 Stat. 789. Kan., Act Jan. 29, 1861, c. 20, § 4, 12 Stat. 128. La., Act July 27, 1866, c. 280, § 1, 14 Stat. 300. Minn., Act May 11, 1858, c. 31, $ 3, 11 Stat. 285. Mo., Act March 16, 1822, c. 12, § 2, 3 Stat. 653. Act March 3, 1857, c. 100, § 7, 11 Stat. 198. Mich., Act July 1, 1836, c. 234, § 2, 5 Stat. 62. Act Feb. 24, 1863, c. 54, 8 7, 12 Stat. 661. N. Y., Act April 29, 1812, c. 71, $ 1, 2 Stat. 719. Act April 9, 1814, c. 49, § 2, 3 Stat. 120. Act Feb. 25, 1865, c. 54, § 1, 13 Stat. 438. Neb., Act March 25, 1867, c. 7, 8 1, 15 Stat. 5. Nev., Act Feb. 27, 1865, c. 64, § 1, 13 Stat. 440. N. C., Act June 4, 1790, c. 17, § 2, 1 Stat. 126; Act April 29, 1802, c. 31, § 7, 2 Stat. 162. Act June 4, 1872, c. 282, § 8, 17 Stat. 217. Ohio, Act Feb. 19, 1803, c. 7, § 2, 2 Stat. 201. Act Feb. 10, 1855, c. 73, § 7, 10 Stat. 605. Or., Act March 3, 1857, c. 85, § 2, 11 Stat. 137. Pa., Act April 20, 1818, c. 108, S$ 2, 3, 3 Stat. 462. Act May 26, 1824, c. 170, 4 Stat. 50. R. I., Act June 23, 1790, c. 21, § 2, 1 Stat. 128. Tex., Act Dec. 29, 1845, c. 1, § 2, 9 Stat. 1. Act Feb. 21, 1857, c. 57, § 5, 11 Stat. 165. Vt., Act March 2, 1791, c. 12, § 2, 1 Stat. 197. Va., Act Feb. 3, 1871, c. 35, $ 8, 16 Stat. 404. W. Va., Act June 11, 1864, c. 120, $ 1, 13 Stat. 124. Wis., Act Aug. 6, 1846, c. 89, § 4, 9 Stat. 57. Act June 29, 1870, c. 175, § 8, 16 Stat. 172. Many subsequent statutes, establishing judicial districts in addition to those defined in the Revised Statutes in chapter 1 of this Title, contain provisions for the appointment of additional district judges for such districts, their powers, duties, compensation, etc., inseparably con- nected with the provisions relating to the districts or the divisions therein. Such statutes, relating to particular districts, therefore, are set forth in full in chapter 1 of this Title, under the names of the states, in alphabetical order. The several acts since the Revised Statutes admitting new states into the Union, constitute each state a judicial district, and provide for the appointment of a district judge therefor, and the holding of courts therein. But the provisions of these acts are superseded by later statutes relating to such districts and the divisions therein and the terms of the courts therefor, which are set forth under chapter 1 of this Title, as already stated. The appointment of an additional district judge has been authorized in several districts by special statutes, with a provision that no vacancy in the office of the existing district judge shall be filled, and in case of such vacancy there shall be thereafter one district judge only for the district. Those statutes may therefore be regarded as local and tem- porary only. Such provisions relating to the northern district of Ohio are contained in Act Dec. 19, 1900, c. 3, 31 Stat. 726. Statutes and separate provisions relating only to the district judges are set forth in this and the following sections of this chapter. Besides the requirement in this section that every district judge shall reside in the district for which he is appointed, every clerk of the circuit or district court, marshal, and district attorney is required to reside permanently in the district where his official duties are to be performed, by Act June 20, 1874, c. 328, § 2, post, following Rev. St. $799, and Act May 28, 1896, c. 252, 88 8, 12, post, following Rev. St. § 793. Sec. 552. Judges in Alabama, Georgia, Mississippi, North Carolina, South Caro- lina, and Tennessee. There shall be appointed in each of the States of Alabama, Georgia, Mississippi, South Carolina, and Tennessee, one district judge, who 448 (Sec. 552 Tit. 13— THE JUDICIARY —Ch. 2. 1 shall be district judge for each of the districts included in the State for which he is appointed, and shall reside within some one of the said districts. And for offending against this provision, such judges shall be liable as in the preceding section. Act Sept. 24, 1789, c. 20, $ 3, 1 Stat. 73. Act Dec. 18, 1812, c. 5, 2 Stat. 788. Act April 21, 1820, c. 47, § 2, 3 Stat. 564. Act Feb. 6, 1839, c. 20, § 2, 5 Stat. 315. Act March 10, 1824, c. 28, § 2, 4 Stat. 9. Act Aug. 7, 1848, c. 143, § 1, 9 Stat. 274. Act Aug. 11, 1848, c. 151, § 2, 9 Stat. 280. Act April 3, 1818, c. 29, § 2, 3 Stat. 413. Act June 18, 1838, c. 115, $ 2, 5 Stat. 247. Act Feb. 21, 1823, c. 11, 3 Stat. 726. Act Jan. 31, 1797, c. 2, § 2, 1 Stat. 496. Act June 18, 1838, c. 118, § 3, 5 Stat. 250. Act Jan. 18, 1839, c. 3, § 1, 5 Stat. 313. The state of Alabama is divided into a southern district, a middle district, and a northern district by Rev. St. § 532. The appointment of a district judge for the southern district is authorized by Act Aug. 2, 1886, c. 842, set forth below; the existing judge continuing to be the district judge for the northern and middle districts. The state of Georgia is divided into a northern and southern district by Rev. St. § 535. The appointment of a district judge, with other offi- cers, for each district, is authorized by Act April 25, 1882, c. 87, ante, under Rev. St. § 535. The state of Mississippi is divided into a northern district and a southern district by Rev. St. § 539. The state of South Carolina is divided into an eastern district and a western district by Rev. St. 546. The state of Tennessee is divided into an eastern district, a western district, and a middle district by Rev. St. $ 547. The appointment of a district judge for the western district is authorized by Act June 14, 1878, c. 196, set forth below; the existing judge continuing to be the district judge for the middle and eastern district ACT JUNE 14, 1878, c. 196. An Act to Provide for the Appointment of a District Judge for the Western District of Tennessee, and for Other Purposes. (20 Stat. 132.) District judge for western district of Tennessee. Be it enacted, &c., That there shall be appointed by the President of the United States, by and with the advice and consent of the Sen- ate, a district judge for the western district of Tennessee, who shall, from and after the time of his appointment, hold the terms of the United States district court in said district at the times and places required by law. Act June 14, 1878, c. 196, § 1, 20 Stat. 132. Salary and powers of district judge for western district of Tennessee. Sec. 2. Said district judge shall be paid the same salary and in the same manner as the judge of the middle and eastern districts of Tennessee, and shall exercise all the circuit and district court power and jurisdiction now conferred on said judge and said court. Act June 14, 1878, c. 196, § 2, 20 Stat. 132. The provision of this section relating to the salary of the district judge is superseded by the act fixing the salaries of all the district judges at $5,000. Act Feb. 24, 1891, c. 287, post, under Rev. St. $ 554. And the provision that he shall exercise circuit court powers is superseded by the repeal of Rev. St. & 571, and all other provisions conferring on the district courts circuit court powers, by Act Feb. 6, 1889, c. 113, post, under Rev. St. $ 608. Secg. 552-554) 449 Tit. 13— THE JUDICIARY —Ch. 2. District judge for middle and eastern districts of Tennessee. Sec. 3. The present district judge of said State shall be and re- main the district judge of the United States for the middle and east- ern districts thereof, as if originally appointed thereto. Act June 14, 1878, c. 196, § 3, 20 Stat. 132. Repeal. Sec. 4. That all laws or parts of laws in conflict with this act be, and the same are hereby repealed. Act June 14, 1878, c. 196, § 4, 20 Stat. 132. A provision of the sundry civil appropriation act for the fiscal year ending June 30, 1879, purporting to amend this act, does not affect its provisions, but subdivides the western district of Tennessee into divi- sions, and provides for terms of the courts therein. Act June 20, 1878, c. 359, § 1, ante, under Rev. St. & 547. AOT AUG. 2, 1886, c. 842. An Act to Provide for the Appointment and Compensation of a District Judge for the Southern District of Alabama. (24 Stat. 213.) District judge for southern district of Alabama. Be it enacted, &c., That there shall be appointed by the President of the United States, by and with the advice and consent of the Senate, a district judge for the southern judicial district of the State of Alabama; and that said judge shall be entitled to receive a yearly salary of three thousand five hundred dollars, payable quarterly. Act Aug. 2, 1886, c. 842, § 1, 24 Stat. 213. The salary of the district judge, fixed at $3,500 by this section, is increased to $5,000 by the act fixing the salaries of all the district judges at that amount, Act Feb. 24, 1891, c. 287, post, under Rev. St. $ 554. District judge for northern and middle districts of Alabama. Sec. 2. That the jurisdiction of the present district judge for the several districts of Alabama, and his successors, shall hereafter be confined to the northern and middle districts of said State. Act Aug. 2, 1886, c. 842, & 2, 24 Stat. 213. Sec. 553. [Repealed. Act March 13, 1896, c. 52.] This section provided that the district judge for the southern district of Florida should reside at Key West. It is expressly repealed by Act March 13, 1896, c. 52, 29 Stat. 55. Sec. 554. Salaries of district judges. District judges are entitled to receive yearly salaries at the fol- lowing rates, payable quarterly from the Treasury: The judge of the district of California five thousand dollars; the judge of the district of Louisiana four thousand five hundred dollars; the judges of the district of Massachusetts; the northern, southern, and eastern districts of New York; the eastern and western districts of Pennsyl- LAWS '01-29 450 (Sec. 554 Tit. 13—THE JUDICIARY—- Ch. 2. vania ; the district of New Jersey; the district of Maryland; the south- ern district of Ohio, and the northern district of Illinois, four thous- and dollars. The judges of all other districts three thousand five hundred dollars. No other allowance or payment shall be made to them for travel, expenses, or otherwise. Act March 2, 1867, c. 168, § 9, 14 Stat. 470. Act March 25, 1867, c. 7, § 4, 15 Stat. 5. Act June 30, 1870, c. 175, § 8, 16 Stat. 172. Act Feb. 3, 1871, c. 35, § 8, 16 Stat. 404. Act March 3, 1871, c. 106, $ 5, 16 Stat. 472. Act June 4, 1872, c. 282, § 8, 17 Stat. 217. Payment of the salaries of the judges monthly is authorized by pro- visions of Act March 3, 1881, c. 130, § 1, and Act March 3, 1891, c. 541, § 1, set forth below; also by Act July 31, 1894, c. 174, § 13, ante, under Rev. St. $ 277. The salaries of all the judges are fixed at $5,000 by Act Feb. 24, 1891, c. 287, set forth below. A district judge appointed to hold court in place of another district judge was required, by Rev. St. § 596, to do so without other com- pensation than his regular salary, except in the case of such a judge holding court in the southern district of New York, provided for by Rev. St. $ 597; but so much of section 596 as forbids the payment of ex- penses of district judges while holding court outside of their districts is repealed by Act March 3, 1881, c. 133, post, under Rev. St. 596; and appropriations are made annually for expenses of district judges hold- ing courts out of their districts. The provision of the sundry civil appropriation act for the year ending June 30, 1902, is "for reasonable expenses for travel and attendance of district judges directed to hold court outside of their districts, not to exceed ten dollars per day each, to be paid on written certificates of the judges, and such payments shall be allowed the marshal in the settlement of his accounts with the United States," Act March 3, 1901, c. 853, 31 Stat. 1183. Provisions for payment of expenses of a judge attending the circuit court of appeals at any place other than where he resides are con- tained in Act March 3, 1891, c. 517, § 8, post, under chapter 8 A of this Title. ACT MARCH 3, 1881, c. 130, $ 1. Time of payment of salaries of judges. * * * That hereafter the salaries appropriated for the United States judges in the foregoing paragraphs, and judges of the Court of Claims, and of the Territories, may be paid monthly. Act March 3, 1881, c. 130, § 1, 21 Stat. 412. This is a provision of the legislative, executive, and judicial appropria- tion act for the fiscal year ending June 30, 1882. The "foregoing paragraphs,” referred to therein, contain appropriations for salaries of the justices of the Supreme Court, judges retired under Rev. St. § 714, circuit judges, district judges, and judges of the Supreme Court of the District of Columbia. A similar provision relating to the judges in certain specified districts is contained in Act March 3, 1891, c. 541, $ 1, set forth below. And a general provision to the same effect is contained in Act July 31, 1894, c. 174, § 13, ante, under Rev. St. $ 277. ACT FEB. 24, 1891, c. 287. An Act Fixing the Salaries of the Several Judges of the United States District Courts at Five Thousand dollars per annum. (26 Stat. 783.) Amount of salaries of district judges. Be it enacted, &c., That the salaries of the several judges of the Secs. 554–556) 451 Tit. 13— THE JUDICIARY —Ch. 2. district courts of the United States shall hereafter be at the rate of five thousand dollars per annum. Act Feb. 24, 1891, c. 287, 26 Stat. 783. ACT MARCH 3, 1891, c. 541, § 1. Time of payment of salaries of district judges. * * And hereafter the salaries appropriated for the United States judges in the districts of North Dakota, South Dakota, Washington, Montana, Idaho, and Wyoming may be paid monthly. Act March 3, 1891, c. 541, § 1, 26 Stat. 947. This is a provision of the legislative, executive, and judicial appro- priation act for the year ending June 30, 1892. See note under Act March 3, 1881, c. 130, above. Sec. 555. Clerks. A clerk shall be appointed for each district court by the judge A thereof, except in cases otherwise provided for by law. Act Sept. 24, 1789, c. 20, $ 7, 1 Stat. 76. . Act April 10, 1869, c. 22, § 2, 16 Stat. 45. Many subsequent statutes establishing judicial districts in addition to those defined in chapter 1 of this Title, and subdividing the dis- tricts into divisions, contain provisions for the appointment of clerks and deputy clerks for such districts and divisions, their powers, duties, compensation, etc., inseparably connected with the provisions relating to the districts or the divisions therein. Such statutes relating to par- ticular districts, therefore, are set forth in full in chapter 1 of this Title, under the names of the states in alphabetical order. The several acts since the Revised Statutes admitting new states into the Union constitute each state a judicial district, and provide for dis- trict and circuit courts therefor, and for the appointment of clerks of such courts. But these provisions are superseded by later statutes re- lating to such districts, or the divisions therein, which are set forth in chapter 1 of this Title, as already stated. Statutes and separate provisions relating only to clerks of the dis- trict courts are set forth in this and the following sections of this chapter. Every clerk of the district court is required to reside permanently in the district, and give his personal attention to the duties of his office. On failure to do so, the office is to be deemed vacant. Act June 20, 1874, c. 328, $ 2, post, following Rev. St. § 799. Willful failure or neglect by a clerk to make or to forward any report, statement, etc., required by law, is ground for his removal from office, and punishable as a misdemeanor, by Act Feb. 22, 1875, c. 95, $8 5, 6, post, following Rev. St. $ 798. Sec. 556. [As amended 1877.] . Arkansas, eastern distriot; clerks. In the eastern district of Arkansas, there shall be appointed two clerks of the district court thereof, one of whom shall reside and keep his office at Little Rock, and the other shall reside and keep his office at Helena. Act March 3, 1851, c. 24, § 4, 9 Stat. 595. Act March 3, 1871, c. 106, § 4, 16 Stat. 472. Act Jan. 31, 1877, c. 41, 19 Stat. 230. This section as originally enacted provided for two clerks for the 452 (Secs. 556-558 Tit. 13— THE JUDICIARY —Ch. 2. western district of Arkansas, one at Fort Smith and one at Helena. The amendment by Act Jan. 31, 1877, c. 41, cited above, consists in the change of the provision to two clerks in the eastern district, one at Little Rock and one at Helena, incident to the transfer by that act of the county in which Helena is situated from the western to the eastern district. Besides the provision in this section for two clerks in the eastern district, an additional clerk at Texarkana was provided for by Act April 1, 1892, c. 31, 27 Stat. 13; a deputy clerk at that place having been authorized on the establishment of the Texarkana division in the eastern district, by Act Feb. 28, 1887, c. 273, 24 Stat. 428. After the reorganization of the districts by Act Feb. 20, 1897, c. 269, ante, under Rev. St. & 533, by which the Tex- arkana division was placed in the western district, the acts of the clerk therein, as clerk of the court in that district, were validated, and a clerk of the district court for the western district was author- ized, by Act July 7, 1898, c. 571, ante, under Rev. St. § 533. And on such reorganization an additional clerk of the district court for the eastern district, in the northern division established in that district, was authorized by Act Feb. 20, 1897, c. 269, § 8, ante, under Rev. St. $ 533. ACT JULY 31, 1894, c. 174, § 1. Illinois, northern district; clerk. The judge of the district court for the northern district of Illi- nois shall be authorized to appoint a clerk of such court at an an- nual salary of three thousand dollars. Act July 31, 1894, c. 174, § 1, 28 Stat. 204. This is a provision of the legislative, executive, and judicial ap- propriation act for the year ending June 30, 1895, cited above. Sec. 557. Kentucky; clerks. In the district of Kentucky a clerk of the district court shall be appointed at each place of holding the court, in the same manner and subject to the same duties and responsibilities which are, or may be, provided concerning clerks in independent districts. Act May 15, 1862, c. 71, § 7, 12 Stat. 387. Act April 10, 1869, c. 22, § 3, 16 Stat. 45. On the establishment of the Owensboro division of the district by Act Aug. 8, 1888, c. 792, ante, under Rev. St. $ 537, the clerk at Louis- ville was authorized to appoint a deputy at Owensboro by section 3 of that act. A subsequent act dividing the State into an eastern and western dis- trict, Act Feb. 12, 1901, c. 355, ante, under Rev. St. $ 537, by section 3, provides that “the clerk of the district court in said judicial dis- trict of Kentucky as heretofore constituted" shall be the clerk of the district court of the western district, but makes no provision for a clerk of the district court for the eastern district. Sec. 558. Deputy clerks. One or more deputies of any clerk of a district court may be appointed by the court, on the application of the clerk, and may be removed at the pleasure of judges authorized to make the appoint- ment. In case of the death of the clerk, his deputy or deputies Secs. 558-560) 453 Tit. 13– THE JUDICIARY —Ch. 2. shall, unless removed, continue in office and perform the duties of the clerk, in his name, until a clerk is appointed and qualified; and for the default or misfeasances in office of any such deputy, whether in the life-time of the clerk or after his death, the clerk, and his estate, and the sureties in his official bond shall be liable; and his executor or administrator shall have such remedy for any such default or mis- feasances committed after his death as the clerk would be entitled to if the same had occurred in his life-time. Act June 8, 1872, c. 336, 17 Stat. 330. See note under Rev. St. 8 555, as to special provisions for appoint- ment of deputy clerks, contained in statutes establishing new districts or subdividing districts into divisions. Sec. 559. Deputy clerks of the district court in Indiana. In the district of Indiana the clerk of the district court must appoint a deputy clerk for said court held at New Albany, and a deputy clerk for said court held at Evansville; who shall reside and keep their offices at said places respectively. Each deputy shall keep in his office full records of all actions and proceedings in the district court held at the same place, and shall have the same power to issue all process from the said court that is or may be given to the clerks of other district courts in like cases. Act June 30, 1870, c. 180, $$ 1, 7, 16 Stat. 175. Act March 3, 1871, c. 108, § 1, 16 Stat. 473. Act June 8, 1872, c. 336, 17 Stat. 330. Similar provisions relating to deputy clerks at Fort Wayne and at Hammond, respectively, are contained in Act March 3, 1881, c. 154, $ 2, and Act Feb. 14, 1899, c. 155, $ 2, following Rev. St. § 536. Sec. 560. [Superseded. Act July 20, 1882, c. 312.) This section provided for the appointment, in the district of Iowa as then constituted and divided into four divisions by Rev. St. $ 537, of a deputy clerk of the district court at each place in such divisions where said court was required to be held. It is superseded by the division of the state into a northern district and a southern district, and the subdivision of these districts into divisions, by Act July 20, 1882, c. 312, and subsequent statutes, ante, under Rev. St. § 537. Section 4 of the act mentioned provides for a clerk for each district. Act June 1, 1900, c. 601, ante, under Rev. St. $ 537, which estab- lishes the southern division in the southern district, by section 4 pro- vides for the appointment of a deputy clerk of the district court at Creston, in that division. ACT MARCH 3, 1899, c. 452. An Act to Authorize the Appointment of a Clerk of the District Courts of the United States within and for the Eastern District of Virginia, to Validate their Acts, and Prescribe where the Records shall be Kept. (30 Stat. 1368.) Virginia, eastern district; clerk. Be it enacted, &c., That within and for the eastern district of , Virginia, there shall be only one clerk, to be appointed by the judge 454 (Secs. 560-562 Tit. 13—THE JUDICIARY —Ch. 2. of the district court, and said clerk may have as many deputies as may be necessary to be appointed as now provided by law. Act March 3, 1899, c. 452, § 1, 30 Stat. 1368. Acts of acting clerks validated. Sec. 2. That all acts heretofore performed by the several persons acting as the clerks of said court at its several places of meeting, and all payments heretofore made, in pursuance of law or judgments and decrees of said court, or sums due, to any one or all of said clerks are hereby validated. Act March 3, 1899, c. 452, § 2, 30 Stat. 1368. Records; eastern district of Virginia. Sec. 3. That the records of said court shall be kept at the re- spective places of meeting thereof. Act March 3, 1899, c. 452, § 3, 30 Stat. 1368. Time of taking effect of act. Sec. 4. That this Act shall be in force from and after its passage. Act March 3, 1899, c. 452, $ 4, 30 Stat. 1368. Sec. 561. Compensation of deputy clerks. The compensation of deputies of the clerks of the district courts shall be paid by the clerks, respectively, and allowed in the same manner that other expenses of the clerks' offices are paid and al- lowed. Act June 8, 1872, c. 336, 17 Stat. 330. The fees and compensation of clerks and payment of their expenses are regulated by Rev. St. $8 828, 833, 844-846, and subsequent pro- visions collected under those sections. Sec. 562. Records, where kept. The records of a district court shall be kept at the place where the court is held. When it is held at more than one place in any district, and the place of keeping the records is not specially pro- vided by law, they shall be kept at either of the places of holding the court which may be designated by the district judge. Act Sept. 24, 1789, c. 20, § 3, 1 Stat. 73. Special provisions relating to the keeping of records of district courts in particular districts or divisions therein, contained in statutes estab- lishing such districts or divisions, are set forth as part of such statutes under chapter 1 of this Title. A special provision relating to the eastern district of Virginia is contained in Act March 3, 1899, c. 752, $ 3, ante, under Rev. St. § 560. Seo. 563) 455 Tit. 13— THE JUDICIARY —Ch. 3. CHAPTER THREE. District Courts-Jurisdiction. Sec. 563. Jurisdiction. 1. Crimes and offenses. 2. Of piracy, when. 3. Penalties and forfeitures. 4. Suits at common law by United States or officers. 5. Suits in equity to enforce internal revenue taxes. 6. Suits for penalties and dam- ages for frauds against United States. 7. Suits under postal laws. 8. Admiralty causes and seiz- ures on land. 9. Condemnation of property taken as prize. 10. Suits on debentures. 11. Suits on account of injuries by conspirators in certain cases. 12. Suits to redress deprivation of rights secured by the Constitution and laws to persons within jurisdiction of United States. 13. Suits to recover offices. 14. Suits for removal of officers Sec. holding contrary to four- teenth amendment. 15. Suits against national banks. 16. Suits by aliens for torts in violation of the law of na- tions. 17. Suits against consuls and vice-consuls. 18. In bankruptcy. 564. Certain seizures cognizable in any district into which the property is taken. 565. May proceed in prize causes after appeal. 566. Trial of issues of fact. 567. Transfer of records to district courts when a Territory becomes a State. 568. District judge shall demand and compel delivery of records of Territorial court. 569. Jurisdiction of district courts in cases transferred from Terri- torial courts. 570. Commissioners to administer oaths to appraisers. 571. [Repealed.] Sec. 563. [As amended 1871.) Jurisdiction. The district courts shall have jurisdiction as follows: Crimes and offenses. First. Of all crimes and offenses cognizable under the authority of the United States, committed within their respective districts, or upon the high seas, the punishment of which is not capital, except in the cases mentioned in section fifty-four hundred and twelve, Title "Crimes.” Act Sept. 24, 1789, c. 20, § 9, 1 Stat. 76. Act March 3, 1815, c. 101, $ 4, 3 Stat. 245. Act Aug. 23, 1842, c. 188, $ 3, 5 Stat. 517. Act Feb. 28, 1871, c. 100, $ 57, 16. Stat. 456. Rev. St. 8 5412, referred to in this paragraph, makes punishable secretly or fraudulently placing any document in or among the archives of the surveyor general's office in California. Jurisdiction of summary trials for certain offenses against the navi- gation laws is given to the district courts by Rev. St. 88 4300-4305. Exclusive cognizance of all crimes and offenses cognizable under the authority of the United States, except where otherwise provided, and 456 (Sec. 563 Tit. 13— THE JUDICIARY --Ch. 3. concurrent jurisdiction with the district courts of crimes and offenses cognizable therein, were given to the circuit courts by Rev. St. 8 629, par. 20, which is superseded by Act March 3, 1875, c. 137, § 1, as amended by Act March 3, 1887, c. 373, § 1, and by Act Aug. 13, 1888, c. 886, post, following Rev. St. $ 629. Offenses committed on any island, rock, or key on which guano has been discovered appertaining to the United States, under Rev. St. $ 5570, or in the waters adjacent thereto, are deemed committed on the high seas, by Rev. St. $ 5576. Jurisdiction of the offenses mentioned in chapter 3 of Title LXX, "Crimes," of the Revised Statutes, when committed on any vessel on a voyage upon the waters of any of the Great Lakes or any of the waters connecting any of them, is vested in the circuit and district courts by Act Sept. 4, 1890, c. 874, post, following Rev. St. § 5339. The place of trial of offenses is prescribed by Rev. St. $8 729–731. Of piracy, when. Second. Of all cases arising under any act for the punishment of piracy, when no circuit court is held in the district of such court. Act March 3, 1823, c. 72, 3 Stat. 789. Act May 15, 1820, c. 113, 3 Stat. 600. Act Jan. 30, 1823, c. 7, 3 Stat. 721. Penalties and forfeitures. Third. Of all suits for penalties and forfeitures incurred under any law of the United States. Act Sept. 24, 1789, c. 20, $ 9, 1 Stat. 76. The districts in which pecuniary penalties and forfeitures may be sued for are prescribed by Rev. St. § 732. Suits at common law by United States or officers. Fourth. Of all suits at common law brought by the United States, or by any officer thereof, authorized by law to sue. Act Sept. 24, 1789, c. 20, § 9, 1 Stat. 76. Act March 3, 1815, c. 101, $ 4, 3 Stat. 245. The circuit courts also have jurisdiction of such suits at common law by the United States or any officer thereof, under Rev. St. $ 629, par. 3; and of suits in equity, where the matter in dispute exceeds the sum or value of $500, and the United States are petitioners, under Rev. St. $ 629, par. 2. Suits in equity to enforce internal revenue taxes. Fifth. Of all suits in equity to enforce the lien of the United States upon any real estate for any internal-revenue tax, or to sub- ject to the payment of any such tax any real estate owned by the de- linquent, or in which he has any right, title, or interest. Act July 20, 1868, c. 186, § 106, 15 Stat. 167. Suits for the purposes described in this paragraph are authorized and regulated by Rev. St. $ 3207. The circuit courts also have juris- diction of all cases arising under any law providing internal revenue, under Rev. St. $ 629, par. 4. Suits for penalties and damages for frauds against United States. Sixth. Of all suits for the recovery of any forfeiture or damages under section thirty-four hundred and ninety, Title “Debts due by or to the United States ;” and such suits may be tried and determined by any district court within whose jurisdictional limits the defendant may be found. Act March 2, 1863, c. 67, § 4, 12 Stat. 698. Rev. St. $ 3490, referred to in this paragraph, subjects persons mak- 2 Sec. 563) 457 Tit. 13— THE JUDICIARY –Ch. 3. ing or presenting false claims against the United States to a forfeiture of $2,000 and double the damages sustained by the United States thereby, and sections 3490-3494 authorize and regulate suits for re- covery of such forfeiture and damages. Suits under postal laws. Seventh. Of all causes of action arising under the postal laws of the United States. Act March 3, 1845, c. 43, § 20, 5 Stat. 739. The circuit courts also have jurisdiction of all causes arising under the postal laws, under Rev. St. § 629, par. 4. Admiralty causes and seizures on land. Eighth. Of all civil causes of admiralty and maritime jurisdiction; saving to suitors in all cases the right of a common-law remedy, , where the common law is competent to give it; and of all seizures on land and on waters not within admiralty and maritime jurisdic- tion. And such jurisdiction shall be exclusive, except in the par- ticular cases where jurisdiction of such causes and seizures is given to the circuit courts. And shall have original and exclusive cog- nizance of all prizes brought into the United States, except as pro- vided in paragraph six of section six hundred and twenty-nine. Act Sept. 24, 1789, c. 20, § 9, 1 Stat. 76. Act March 22, 1794, c. 11, § 1, 1 Stat. 347. Act May 10, 1800, c. 51, $$ 1, 5, 2 Stat. 70, 71. Act March 2, 1807, c. 22, $$ 2, 7, 2 Stat. 426, 428. Act Aug. 6, 1861, c. 60, $ 2, 12 Stat. 319. Act July 13, 1866, c. 184, $$ 9, 19, 14 Stat. 111, 145, 152. Act March 2, 1867, c. 169, $$ 10, 25, 14 Stat. 475, 483. Act July 20, 1868, c. 186, § 106, 15 Stat. 167. Act June 30, 1864, c. 173, SS 41, 179, 13 Stat. 239, 240, 305. Act March 3, 1865, c. 78, 1, 13 Stat. 483. Act Feb. 18, 1875, c. 80, 18 Stat. 317. This paragraph is amended by Act Feb. 18, 1875, c. 80, cited above, the amendment consisting in the addition of the last sentence of the paragraph, as set forth here. Rev. St. $ 629, par. 6, referred to in the clause added by such amendment, gives the circuit courts jurisdiction of proceedings for the condemnation of property taken as prize in pur- suance of Rev. St. § 5308, which authorized confiscation of property employed in aid of insurrection. Proceedings on certain seizures in any district into which the property may be taken are authorized, and jurisdiction thereof is conferred on the district court for such district, by Rev. St. $ 654. The districts in which proceedings on seizures may be prosecuted are prescribed by Rev. St. $ 734. The districts in which proceedings in prize causes may be prose- cuted, where the property has not been sent in for adjudication, are prescribed by Rev. St. § 4625. Condemnation of property taken as prize. Ninth. Of all proceedings for the condemnation of property taken as prize, in pursuance of section fifty-three hundred and eight, Title "Insurrection.” Act Aug. 6, 1861, c. 60, § 2, 12 Stat. 319. Act Feb. 18, 1875, c. 80, 18 Stat. 317. This paragraph is amended by Act Feb. 18, 1875, c. 80, cited above, the amendment consisting in the change of the section referred to from 5376, in the original paragraph, to 5308, as set forth here. The cir- cuit courts also have jurisdiction of such proceedings, under Rev. St. 8 629, par. 6. The districts in which such proceedings for condemnation of prop- erty captured may be prosecuted are prescribed by Rev. St. $ 735. 458 (Sec. 563 Tit. 13—- THE JUDICIARY –Ch. 3. Suits on debentures. Tenth. Of all suits by the assignee of any debenture for drawback of duties, issued under any law for the collection of duties, against the person to whom such debenture was originally granted, or against any indorser thereof, to recover the amount of such deben- ture. Act March 2, 1799, c. 22, 8 80, 1 Stat. '687. Suits on the debentures described in this paragraph are authorized by Rev. St. 8 3039. The circuit courts also have jurisdiction of such suits under Rev. St. 8 629, par. 8. Suits on account of injuries by conspirators in certain cases. Eleventh. Of all suits authorized by law to be brought by any per- son for the recovery of damages on account of any injury to his person or property, or of the deprivation of any right or privilege of a citizen of the United States by any act done in furtherance of any conspiracy mentioned in section nineteen hundred and eighty- five, Title, “Civil Rights.” Act April 20, 1871, c. 22, $ 2, 17 Stat. 13. The reference in this paragraph to section 1985 is intended, apparently, to be to Rev. St. & 1980. The circuit courts also have jurisdiction of such suits, under Rev. St. 8 629, par. 17. Suits to redress deprivation of rights secured by the Constitution and laws to persons within jurisdiction of United States. Twelfth. Of all suits at law or in equity authorized by law to be brought by any person to redress the deprivation, under color of any law, ordinance, regulation, custom, or usage of any State, of any right, privilege, or immunity secured by the Constitution of the United States, or of any right secured by any law of the United States to persons within the jurisdiction thereof. Act April 20, 1871, c. 22, § 1, 17 Stat. 13. Act May 31, 1870, c. 114, $$ 16, 18, 16 Stat. 144. Act April 9, 1866, c. 31, $ 3, 14 Stat. 27. Suits for the purposes described in this paragraph are authorized by Rev. St. $8 1977, 1979. The circuit courts also have jurisdiction of such suits, under Rev. St. $ 629, par. 16. Jurisdiction of violations of the civil rights act of March 1, 1875, c. 114, is given to the district and circuit courts by section 3 of the act, post, under Title XXIV, "Civil Rights." Suits to recover offices. Thirteenth. Of all suits to recover possession of any office, except that of elector of President or Vice-President, Representative or Delegate in Congress, or member of a State legislature, authorized by law to be brought, wherein it appears that the sole question touching the title to such office arises out of the denial of the right to vote to any citizen offering to vote, on account of race, color, or previous condition of servitude: Provided, That such jurisdiction shall extend only so far as to determine the rights of the parties to such office by reason of the denial of the right guaranteed by the Constitution of the United States, and secured by any law, to en- force the right of citizens of the United States to vote in all the States. Act May 31, 1870, c. 114, $ 23, 16 Stat. 146. Suits to recover possession of office, described in this paragraph, were Sec. 563) 459 Tit. 13— THE JUDICIARY — Ch. 3. authorized by Rev. St. § 2010. That section also contained a provision that the circuit or district courts should have, concurrently with the state courts, such jurisdiction thereof as this paragraph gives to the district courts. The circuit courts also had jurisdiction of such suits under Rev. St. § 629, par. 13. But Rev. St. 8 2010, is repealed by Act Feb. 8, 1894, c. 25, § 1, 28 Stat. 36. Suits for removal of officers holding contrary to fourteenth amendment. Fourteenth. Of all proceeding by the writ of quo warranto, prose- cuted by any district attorney, for the removal from office of any person holding office, except as a member of Congress, or of a State legislature, contrary to the provisions of the third section of the fourteenth article of amendment of the Constitution of the United States. Act May 31, 1870, c. 114, $ 14, 16 Stat. 143. Proceedings for removal from office, described in this paragraph, were authorized by Rev. St. $ 1786. The circuit courts also had jurisdiction of such proceedings, under Rev. St. $ 629, par. 14. But these provisions have become inoperative, by the removal of the disability imposed by Const. Amend. XIV, $ 3, by Act June 6, 1898, c. 389, post, under Rev. St. 8 1786. Suits against national banks. Fifteenth. Of all suits by or against any association established . under any law providing for national banking associations within the district for which the court is held. Act June 3, 1864, c. 106, $ 57, 13 Stat. 116. The circuit courts also had jurisdiction of such suits under Rev. St. 8 629, par. 10, and, under paragraph 11 of that section, of suits by any such association to enjoin the Comptroller of the Currency or any re- ceiver acting under his direction. Subsequent provisions relating to the jurisdiction of the circuit and district courts of suits by or against national banking associations are contained in Act March 3, 1887, c. 373, § 4, amended by Act Aug. 13, 1888, c. 866, § 4, post, following Rev. St. 8 629. Suits by aliens for torts in violation of the law of nations. Sixteenth. Of all suits brought by any alien for a tort 'only' in violation of the law of nations, or of a treaty of the United States. Act Sept. 24, 1789, c. 20, $ 9, 1 Stat. 76. Suits against consuls and vice-consuls. Seventeenth. Of all suits against consuls or vice-consuls, ex- cept for offenses above the description aforesaid. Act Sept. 24, 1789, c. 20, $ 9, 1 Stat. 76. Act Aug. 23, 1842, c. 188, 4 Stat. 517. The exception in this paragraph, of suits "for offenses above the de- scription aforesaid," was incorporated into the Revised Statutes from Act Sept. 24, 1789, c. 20, $ 9, cited above, in which it referred to a pre- ceding provision in the same section of that act, "that the district court shall have, exclusively of the courts of the several States, cognizance of all crimes and offenses that shall be cognizable under the authority of the United States committed within their respective districts or upon the high seas where no other punishment than whipping not exceeding thirty stripes, or a fine not exceeding $100, or a term of imprisonment not exceeding six months is to be inflicted." In bankruptcy. Eighteenth. The district courts are constituted courts of bank- 460 (Secs. 563-564 Tit. 13— THE JUDICIARY —Ch- . 3. ruptcy, and shall have in their respective districts original jurisdic- tion in all matters and proceedings in bankruptcy. Act March 2, 1867, c. 176, § 1, 14 Stat. 517. The jurisdiction of the district courts and other courts as courts of bankruptcy is defined in the Bankruptcy Act of 1898, Act July 1, 1898, c. 541, § 2, post, under Title LXI, “Bankruptcy.” The subjects as to which the jurisdiction vested in the courts of the United States is exclusive of the courts of the several states are enu- merated in Rev. St. $ 711. Jurisdiction concurrent with the Court of Claims, of claims against the United States, is given to the district courts where the amount does not exceed $1,000, and to the circuit courts where such amount exceeds $1,000 and does not exceed $10,000, by Act March 3, 1887, c. 359, § 2, amended by Act June 27, 1898, c. 503, $ 2, and later provisions, post, under chapter 21 of this Title. Concurrent jurisdiction is given to the circuit and district courts of all causes, civil and criminal, arising under Act March 3, 1891, c. 551, relating to immigration and importation of aliens under contract to perform labor, by section 13 of that act, post, under Title XXIX, “Im- migration." Appeals by Chinese convicted before a commissioner of a United States court, of being unlawfully in the United States, to the judge of the district court for the district, are authorized by Act Sept. 13, 1888, c. 1015, $ 13, post, under Title XXIX, “Immigration." Jurisdiction of proceedings in equity, by writ of injunction, to restrain violation of Act Feb. 25, 1885, c. 149, relating to unlawful occupancy of public lands, is conferred on any district or circuit court having juris- diction over the locality where the land is situated, by section 2 of that act, post, under Title XXXII, “The Public Lands,” c. 11. Jurisdiction of suits for damages for violation of the act to regulate commerce is given to the district and circuit courts by Act Feb. 4, 1887, c. 104, § 9, post, under Title LVI A, "Regulation of Interstate and For- eign Commerce," c. 1. Jurisdiction of proceedings for condemnation of real estate for erection of public buildings or for other public uses is conferred by Act Aug. 1, 1888, c. 728, § 1, post, under Title XLIII A, “Public Buildings and Works." Jurisdiction of suits for penalties for violations of Act March 2, 1893, c. 196, relating to equipment of railroad cars by common carriers en- gaged in interstate commerce, is given to the district courts by the amendment of section 6 of that act by Act April 1, 1896, c. 87, post, under Title LVI A, “Regulation of Interstate and Foreign Commerce, c. 2. The Supreme Court and the circuit and district courts have power to issue writs of scire facias, and all other writs not specifically provided for, which may be necessary for the exercise of their respective jurisdic- tions, and agreeable to the usages and principles of law, under Rev. St. § 716. District court judges are authorized to hold to security of the peace in certain cases, by Rev. St. 8 727. District courts and judges thereof are authorized to issue writs of ha- beas corpus in certain cases, by Rev. St. $$ 751, 752. Sec. 564. Certain seizures cognizable in any district into which the property is taken. Proceedings on seizures for forfeiture of any vessel or cargo en- tering any port of entry which has been closed by the President in Secs. 564-566) 461 Tit. 13— THE JUDICIARY_Ch. 3. pursuance of law, or of goods and chattels coming from a State or section declared by proclamation of the President to be in insurrec- tion into other parts of the United States, or of any vessel or vehicle conveying such property, or conveying persons to or from such State or section, or of any vessel belonging, in whole or in part, to any in- habitant of such State or section, may be prosecuted in any district court into which the property so seized may be taken, and proceed- ings instituted; and the district court thereof shall have as full jurisdiction over such proceedings as if the seizure was made in that district. Act July 13, 1861, c. 3, $$ 4, 5, 9, 12 Stat. 256-258. The closing of a port of entry in a collection district when the duties cannot be collected in the ordinary way, and the forfeiture of any vessel with her cargo, etc., which attempts to enter such port, are provided for by Rev. St. $ 5317. A proclamation of a state or section thereof as in insurrection, and the suspension of commercial intercourse thereupon, and the forfeiture of goods, etc., coming from such state or section, are provided for by Rev. St. § 5301, Sec. 565. May proceed in prize causes after appeal. Any district court may, notwithstanding an appeal to the Supreme Court, in any prize cause, make and execute all necessary orders for the custody and disposal of the prize property, and, in case of an appeal from a decree of condemnation, may proceed to make a decree of distribution, so far as to determine what share of the prize shall go to the captors, and what vessels are entitled to par- ticipate therein. Act June 30, 1864, c. 174, § 13, 13 Stat. 310. A similar provision is contained in Rev. St. $ 4637. All provisions of law authorizing the distribution among captors of the proceeds of vessels or any property captured are repealed by Act March 3, 1899, c. 413, § 13, post, following Rev. St. $ 1556. Sec. 566. Trial of issues of fact. The trial of issues of fact in the district courts, in all causes ex- cept cases in equity and cases of admiralty and maritime jurisdic- tion, and except as otherwise provided in proceeding in bankruptcy, shall be by jury. In causes of admiralty and maritime jurisdiction relating to any matter of contract or tort arising upon or concerning any vessel of twenty tons burden or upward, enrolled and licensed for the coasting trade, and at the time employed in the business of commerce and navigation between places in different States and Territories upon the lakes and navigable waters connecting the lakes, the trial of issues of fact shall be by jury when either party requires it. Act Sept. 24, 1789, c. 20, § 9, 1 Stat. 76. Act Feb. 26, 1845, c. 20, 5 Stat. 726. Similar provisions relating to trial of issues of fact in the circuit courts are contained in Rev. St. $S 648, 649. 462 (Secs. 567-569 Tit. 13— THE JUDICIARY -Ch. 3. Sec. 567. Transfer of records to district courts when a Territory becomes a State. When any Territory is admitted as a State, and a district court is established therein, all the records of the proceedings in the several cases pending in the court of appeals of said Territory at the time of such admission, and all records of the proceedings in the several cases in which judgments or decrees had been rendered in said terri- torial court before that time, and from which writs of error could have been sued out or appeals could have been taken, or from which writs of error had been sued out or appeals had been taken and prose- cuted to the Supreme Court, shall be transferred to and deposited in the district court for the said State. Act Feb. 22, 1847, c. 17, § 1, 9 Stat. 128. Act Feb. 22, 1848, c. 12, $ 2, 9 Stat. 212. Writs of error and appeals to the Supreme Court, to review judgments of a district court in cases transferred to it from the superior court of a Territory under this section and section 568, are authorized by Rev. St. § 704. Sec. 568. District judge shall demand and compel delivery of records of Terri- torial court. It shall be the duty of the district judge, in the case provided in the preceding section, to demand of the clerk, or other person having possession or custody of the records therein mentioned, the delivery thereof, to be deposited in said district court; and, in case of the refusal of such clerk or person to comply with such demand, the said district judge shall compel the delivery of said records by attachment or otherwise, according to law. Act Feb. 22, 1847, c. 17, 81, 9 Stat. 128. Act Feb. 22, 1848, c. 12, $ 2, 9 Stat. 212. Sec. 569. Jurisdiction of district courts in cases transferred from Territorial courts. When any Territory is admitted as a State, and a district court is established therein, the said district court shall take cognizance of all cases which were pending and undetermined in the superior court of such Territory, from the judgments or decrees to be rendered in which writs of error could have been sued out or appeals taken to the Supreme Court, and shall proceed to hear and determine the same. Act Feb. 22, 1847, c. 17, § 1, 9 Stat. 128. Act Feb. 22, 1848, c. 12, § 2, 9 Stat. 212. See note under Rev. St. $ 567, as to writs of error and appeals to the Supreme Court from judgments of a district court in cases transferred to them from the superior court of a Territory. The several acts since the Revised Statutes admitting new States into the Union, constitute each State a judicial district, and contain special provisions, similar to those of Rev. St. $8 567, 569, for the transfer of Secs. 570-571) 463 Tit. 13— THE JUDICIARY —Ch. 4. cases pending in the courts of the former Territory to the courts of the United States. Sec. 570. Commissioners to administer oaths to appraisers. Any district judge may appoint commissioners, before whom ap- praisers of vessels or goods and merchandise seized for breaches of any law of the United States may be sworn; and such oaths, so taken, shall be as effectual as if taken before the judge in open court. Act June 9, 1794, c. 64, § 1, 1 Stat. 395. The appointment of the appraisers mentioned in this section is author- ized by Rev. St. $ 938. Sec. 571. [Repealed. Act Feb. 16, 1889, c. 113, § 5.] This section as enacted in the Revised Statutes provided that the dis- trict courts for the eastern district of Arkansas, the northern district of Mississippi, the western district of South Carolina, and the district of West Virginia should have, in addition to the ordinary jurisdiction of dis- trict courts, jurisdiction of all causes except appeals and writs of error cognizable in the circuit court, and should proceed therein in the same manner as a circuit court. On the transfer of part of the western dis- trict of Arkansas to the eastern district, by Act Jan. 31, 1877, c. 41, 19 Stat. 230, this section was amended by that act so as to include with the district courts mentioned the court for the eastern district of Arkansas at Helena. But the provision of said amendatory act conferring upon the said district courts circuit court powers, and this section as amended thereby, are expressly repealed by Act Feb. 6, 1889, c. 113, § 5, post, un- der Rev. St. 8 608. CHAPTER FOUR District Courts-Sessions. Sec. 572. Terms of district courts. Alabama. Michigan. Arkansas. Minnesota. California. Mississippi. Connecticut. Missouri. Delaware. Nebraska. Florida. Nevada. Georgia. New Hampshire. Illinois. New Jersey. Indiana. New York. Iowa. North Carolina. Kansas. Ohio. Kentucky. Oregon. Louisiana. Pennsylvania. Maine. Rhode Island. Maryland. South Carolina. Massachusetts. Tennessee. 464 (Sec. 572 Tit. 13— THE JUDICIARY –Ch. 4. Sec. Texas. Vermont. Virginia. West Virginia. Wisconsin. Act June 30, 1879, c. 49. Connecticut; time for term at Hart- ford. Act June 18, 1884, c. 1. Maine; time for term at Bangor. 573. Effect of altering terms of district courts. 574. Court always open as court of ad- miralty, for certain purposes. 575. District court in southern district of Florida. 576. District courts in Wisconsin. 577. Kentucky and Indiana; how terms may be held. 578. Monthly adjournments for trial of criminal causes. 579. Adjourned terms. 580. Adjourned terms in Kentucky and Indiana. 581. Special terms. 582. Tennessee; when when circuit judges may act as district judges. 583. Adjournment in case of nonat- tendance of the judge. 584. Adjournment in case of nonat- tendance of the judge, in certain districts. 585. Adjournment in Kentucky and Indiana, by written order, with- in first three days of terms. 586. Intermediate terms in California, Iowa, and Tennessee. 587. Business certified to circuit court in case of disability of district judge. 588. Suits brought in district court Sec. after order to certify to circuit court. 589. Powers of district judge vested, during disability, in circuit judge. 590. Preparatory examinations and or- ders in admiralty cases by dis- trict clerk. 591. District judge designated to per- form duties of disabled judge. 592. Designation of another judge in case of accumulation of busi- ness. 593. When designation of another judge to be by Chief Justice United States. 594. Revocation and new appointment. 595. Duty of district judge to comply with designation and appoint- ment. 596. Designation of district judge when public interest requires. Act March 3, 1881, c. 133. Expenses of judges holding court outside their districts. 597. Expenses of a district judge des- ignated to southern district of New York. 598. Disability of district judges in Florida. 599. Disa bility of judge of northern and southern districts of New York. 600. When district judge of eastern district of New York may act in southern district. 601. When district judge is interested in suit pending before him. 602. Continuances by vacancy in office of district judge. 603. Vacancy in office of district judge. Sec. 572. Terms of district courts. The regular terms of the district courts shall be held at the times and places following, but when any of said dates shall fall on Sunday, the term shall commence on the following day: The terms appointed by this section are changed, in many districts, by subsequent statutes establishing new districts or subdividing districts into divisions, which contain further provisions appointing terms of the courts, circuit courts as well as district courts, to be held in the particular dis- tricts or divisions, and relating to other special and local matters. provisions usually are connected inseparably with those establishing and cividing the various districts, and the terms of both district courts and circuit courts are appointed in nearly every instance to be held at the same times and places. They are set forth, therefore, with the other pro- . Such Sec. 572) 465 Tit. 13— THE JUDICIARY —Ch. 4 [Part of * * visions of the same statutes, in chapter 1 of this Title, under the names of the States in alphabetical order. References to such later provisions are inserted here under the names of such States respectively. Express amendments of provisions of this section are incorporated therein, as set forth here. And subsequent provisions relating to terms of the district courts in districts in which no divisions or other changes have been made are set forth at the end of this section. Provisions for adjournment of terms, and for special or intermediate terms, are contained in Rev. St. $$ 577-586. Alabama. In the southern district of Alabama, at Mobile, * section omitted superseded. Act June 26, 1890, c. 631.] In the middle district of Alabama, at Montgomery, [Part of section omitted superseded. Act June 22, 1874, c. 401, $ 6.] . ] In the northern district of Alabama, at Huntsville, [Part of section omitted superseded. Act June 22, 1874, C. 401, $ 6.] Act March 2, 1827, c. 41, § 1, 4 Stat. 226. Act Aug. 7, 1848, c. 143, $$ 1, 2, 9 Stat. 274. Act May 4, 1852, c. 25, § 1, 10 Stat. 5. . . Act June 9, 1860, c. 85, § 1, 12 Stat. 28. The times for the terms appointed by this section in the three dis- tricts of Alabama are changed by Act June 22, 1874, c. 401, § 6; addi- tional terms in the northern district at Birmingham are appointed by Act May 2, 1884, c. 38, & 2; and the times for the terms in the southern district are again changed by Act June 26, 1890, c. 631, ante, under Rev. St. § 532. Arkansas. [Superseded. Act Feb. 20, 1897, C. 269, $$ 3, 6, and Act Jan. 16, 1901, c. 92.] The provisions of this section appointing terms in the eastern district of Arkansas at Little Rock, and in the western district at Fort Smith and Helena, were amended by Act Jan. 31, 1877, c. 41, 19 Stat. 230, to conform to the transfer, by that act, of the court at Helena from the western district to the eastern district, and other changes were made by later statutes. Terms in both districts are appointed by Act Feb. 20, 1897, c. 269, in the eastern district at Batesville, Helena, and Little Rock by section 3, and in the western district at Texarkana and Fort Smith, by section 6 of that act, ante, under Rev. St. $ 533; but the times for the terms in the eastern district are changed by Act March 2, 1899, c. 350, and again by Act Jan. 16, 1901, c. 92, also set forth ante, under Rev. St. § 533. California. [Superseded. Act Aug. 5, 1886, c. 928, $$ 2, 3, and Act May 25, 1896, c. 238.] This section appointed terms for the district of California, as then con- stituted, at San Francisco. It was superseded, on the division of the State into two districts by Act Aug. 5, 1886, c. 928, by the appointment by that act of terms in both districts, in the southern district at Los Angeles, by section 2, and in the northern district at San Francisco, by section 3, ante, following Rev. St. 8 533; and the times for terms in the northern district are changed by Act May 25, 1896, c. 238, and addition- al terms in the southern district at Fresno are appointed by Act May 29, 1900, c. 594, 83, also set forth ante, following Rev. St. § 533. Special provisions for intermediate terms, on failure to hold a regular term, are contained in Rev. St. $ 586. Connecticut. In the district of Connecticut, at New Haven, on the fourth Tues- LAWS '01-30 466 (Sec. 572 Tit. 13— THE JUDICIARY —Ch. 4. * * day in February; at Hartford, on the fourth Tuesday in May; at New Haven, on the fourth Tuesday in August, and at Hartford on the fourth Tuesday in November. Act Sept. 24, 1789, c. 20, § 3, 1 Stat. 74. Act Feb. 6, 1812, c. 20, 2 Stat. 676. The time for one of the terms appointed by this section in the district of Connecticut at Hartford was changed by Act June 30, 1879, c. 49, set forth at the end of this section. Delaware. In the district of Delaware, at Wilmington, on the second Tuesday in January, April, June, and September. Act May 10, 1852, c. 33, § 1, 10 Stat. 5. Act June 14, 1856, c. 45, $ 1, 11 Stat. 22. Florida. In the northern district of Florida, at Tallahassee, on the first Mon- day in February, at Pensacola, on the first Monday in March, [Part of section omitted superseded. Act July 23, 1894, c. 149, § 2.] In the southern district of Florida, at Key West, on the first Mon- day in May and November. Act July 27, 1868, c. 270, § 1, 15 Stat. 239. Act Feb. 23, 1847, c. 20, $ 2, 9 Stat. 131. The terms appointed by this section for the northern district of Florida included a term at Jacksonville; but this provision is superseded by Act July 23, 1894, c. 149, $ 2, ante, under Rev. St. § 534, which extended the southern district to include Jacksonville and appointed terms at that place; and other terms in that district at Tampa and Ocala, in addition to the terms at Key West appointed by this section, are appointed by later statutes, also set forth ante, under Rev. St. $ 534. Georgia. In the northern district of Georgia, at Atlanta, * section omitted superseded. Act June 20, 1884, c. 106, and Act Feb. 23, 1889, c. 205.] In the southern district of Georgia, at Savannah, on the second Tuesday in February, May, August, and November. Act June 9, 1794, c. 64, $ 2, 1 Stat. 396. Act April 29, 1802, c. 31, $ 15, 2 Stat. 165. Act Aug. 11, 1848, c. 151, $$ 1, 2, 9 Stat. 280. Act June 4, 1872, c. 284, § 3, 17 Stat. 218. The times for the terms appointed by this section in the northern dis- trict of Georgia at Atlanta were changed by Act June 20, 1884, c. 106, and Act Feb. 23, 1889, c. 205, ante, under Rev. St. $ 535; and terms in that district at Columbus, Rome, and Athens, and terms in the southern district at Macon and Augusta, in addition to the terms appointed by this section at Savannah, were appointed by various statutes establishing divisions in the districts, also set forth ante, under Rev. St. § 535. Illinois. In the northern district of Illinois, at Chicago, on the first Mon- day in July and the third Monday in December. In the southern district of Illinois, at Springfield, on the first Mon- day in January and June, and at Cairo, on the first Monday in March and October. Act Feb. 13, 1855, c. 96, § 2, 10 Stat. 606. Act April 23, 1856, c. 18, $ 1, 11 Stat. 4. Act July 3, 1868, c. 118, § 1, 15 Stat. 82. In addition to the terms appointed by this section in the two districts of Illinois, at Chicago, Springfield, and Cairo, other terms in the northern [Part of Sec. 572) 467 Tit. 13— THE JUDICIARY —Ch. 4. district at Peoria are appointed by Act March 2, 1887, c. 315, § 3, ante, under Rev. St. § 536; and in the southern district, at Quincy, by Act Aug. 8. 1888, c. 788, and at Danville, by Act July 2, 1890, c. 651, also set forth ante, under Rev. St. $ 536. Indiana. In the district of Indiana, at Indianapolis, on the first Tuesday in May and November, and at New Albany, on the first Monday in Janu- ary and July, and at Evansville, [Part of section omitted su- perseded. Act June 23, 1874, C. 463.] Act March 10, 1838, c. 33, § 1, 5 Stat. 215. Act Feb. 20, 1863, c. 47, § 1, 12 Stat. 657. Act June 30, 1870, c. 180, § 1, 16 Stat. 175. The times appointed by this section for terms in the district of Indiana at Evansville were changed by Act June 23, 1874, c. 463, ante, following Rev. St. § 536; and additional terms were appointed at Fort Wayne by Act March 3, 1881, c. 154, and at Hammond by Act Feb. 14, 1899, c. 155, also set forth ante, following Rev. St. $ 536. Special provisions relating to the duration of terms of the district court are contained in Rev. St. $8 577, 579, 580. Iowa. [Superseded. Act July 20, 1882, c. 312, and Act- Jan. 4, 1896, c. 3.] The times appointed by this section for terms in the district of Iowa, as then constituted, at Dubuque, Keokuk, Des Moines, and Council Bluffs, were changed by several subsequent acts, referred to ante, under Rev. St. $ 537; and on the division of the State into two districts, and the districts into divisions, by Act July 20, 1882, c. 312, terms therein were directed to be held at the same places at the times previously fixed, and other terms at Fort Dodge and Sioux City were appointed by section 7 of that act, ante, under Rev. St. $ 537. The times for the terms in the northern district were changed by Act April 19, 1888, c. 127, 25 Stat. 87. Additional terms in another division in the northern district at Cedar Rapids were appointed by Act Feb. 24, 1891, c. 282, ante, under Rev. St. $ 537. And the times for these terms were changed again by Act Jan. 22, 1892, c. 1, 27 Stat. 1. But all these provisions are superseded by the appointment of terms in both districts by Act Jan. 4, 1896, c. 3, un- der Rev. St. § 537; in the northern district at Cedar Rapids, Dubuque, Sioux City, and Fort Dodge, by section 1 of that act, and in the south- ern district at Council Bluffs, Keokuk, and Des Moines, by section 2 thereof; and additional terms in another division in the southern district at Creston are appointed by Act June 1, 1900, c. 601, also set forth under Rev. St. § 537. Special provisions for intermediate terms, on failure to hold a regular term, are contained in Rev. St. $ 586. Kansas. In the district of Kansas, at the seat of government, on the second Monday in April, and at Leavenworth, on the second Monday in October. Act Jan. 29, 1861, c. 20, $ 5, 12 Stat. 128. Act June 8, 1872, c. 34, 17 Stat. 334. In addition to the terms appointed by this section for the district of Kansas at the seat of government and at Leavenworth, one term in each year was authorized at Fort Scott, by Act March 3, 1879, c. 177, and an- other at Salina, by Act Aug. 9, 1888, c. 817, ante, following Rev. St. $ 537. On the subdivision of the district into two divisions by Act June 9, 1890, c. 403, additional terms at Wichita were appointed, and other terms were directed to be held as previously prescribed, by section 1 of that act, ante, following Rev. St. $ 537. And on the establishment of a third division by Act May 3, 1892, c. 59, terms therein at Fort Scott were appointed by section 1 of that act, ante, following Rev. St. § 537. 468 (Sec. 572 Tit. 13-THE JUDICIARY --Ch. 4. But the times for one of the terms at Wichita and one at Fort Scott are changed by Act March 2, 1895, c. 177, also set forth ante, following Rev. St. $ 537. Kentucky. [Superseded. Act Feb. 12, 1901, c. 355, $ 9.] The times for some of the terms appointed by this section in the dis- trict of Kentucky, as then constituted, at Covington, Louisville, Frank- fort, and Paducah, were changed, with special provisions as to the length of the terms, by Act July 1, 1879, c. 59, 21 Stat. 45; and additional terms at Owensboro were appointed by Act Aug. 8, 1888, c. 792, $ 1, ante, following Rev. St. $ 537; but all these provisions are superseded, on the division of the State into two districts, by Act Feb. 12, 1901, c. 355, by the appointment, by section 9 of that act, ante, following Rev. St. $ 537, of terms for both districts, for the western district at Louis- ville, Owensboro, Paducah, and Bowling Green, and for the eastern dis- trict at Frankfort, Covington, Richmond, and London. See, as to the effect of the appointment by this act of terms at Owensboro on the terms previously appointed at that place, note under Act Feb. 12, 1901, c. 355, ante, following Rev. St. 8 537. Special provisions relating to the duration and adjournment of terms of the district court are contained in Rev. St. $8 577, 579, 580. Louisiana. In the district of Louisiana, at New Orleans, on the third Monday in February, May, and November. Act July 20, 1854, c. 99, § 1, 10 Stat. 307. Act July 27, 1866, c. 280, $ 1, 14 Stat. 300. The terms appointed by this section in the district of Louisiana, as then constituted, at New Orleans, were continued, on the division of the State into two districts, by Act March 3, 1881, c. 144, and terms in the western district at Opelousas, Alexandria, Shreveport, and Monroe, were appointed by sections 5, 6, of that act, ante, following Rev. St. $ 537; and on the subdivision of the eastern district into two divisions by Act Aug. 13, 1888, c. 869, the terms at New Orleans were again continued, and terms at Baton Rouge were appointed by section 2 of that act, ante, fol- lowing Rev. St. $ 537. The time for one of the terms at Shreveport was changed by Act May 18, 1900, c. 481, also set forth ante, following Rev. St. $ 537. Maine. In the district of Maine, at Portland, on the first Tuesday in Feb- ruary; at Bangor, on the fourth Tuesday in June; at Bath, on the first Tuesday in September, and at Portland on the first Tuesday in December. Act Sept. 24, 1789, c. 20, $ 3, 1 Stat. 74. Act Nov. 28, 1811, c. 2, $ 1, 2 Stat. 667. Act Jan. 27, 1831, c. 10, § 1, 4 Stat. 434. Act Feb. 15, 1843, c. 32, $ 2, 5 Stat. 600. Act July 14, 1862, c. 174, § 1, 12 Stat. 575. The time for the term appointed by this section in the district of Maine at Bangor is changed by Act Jan. 18, 1884, c. 1, set forth at the end of this section. Maryland. In the district of Maryland, at Baltimore, on the first Tuesday in March, June, September, and December. Act Sept. 24, 1789, c. 20, $ 3, 1 Stat. 74. Act April 29, 1802, c. 31, § 15, 2 Stat. 165. In addition to the terms appointed by this section for the district of Maryland at Baltimore, terms at Cumberland are appointed by Act March 21, 1892, c. 20, ante, following Rev. St. § 537. Sec. 572) 469 Tit. 13– THE JUDICIARY —Ch. 4. * Massachusetts. In the district of Massachusetts, at Boston, on the third Tuesday in March, on the fourth Tuesday in June, on the second Tuesday in September, and on the first Tuesday in December. Act Sept. 24, 1789, c. 20, $ 3, 1 Stat. 74. Act June 9, 1794, c. 64, $ 2, 1 Stat. 396. Act March 3, 1813, c. 45, $ 3, 2 Stat. 815. Michigan. In the eastern district of Michigan, at Detroit, on the first Tuesday in March, June, and November. In the western district of Michigan, at Grand Rapids, [Part of section omitted superseded. Act June 19, 1878, c. 326, § 2.] ] Act Feb. 24, 1863, c. 54, 82, 12 Stat. 661. The appointment by this section of terms in the western district of Michigan at Grand Rapids was superseded, on the subdivision of that district into two divisions by Act June 19, 1878, c. 326, by section 2 of that act, ante, under Rev. St. § 538, which appointed terms at other times at Grand Rapids and Marquette. Additional terms in the eastern district at Port Huron, at times to be appointed by the judge, were at. thorized also by section 9 of the same act, and a like provision for terms in that district at Bay City was made by Act Feb. 28, 1887, c. 269, also set forth ante, under Rev. St. $ 538. On the subdivision of the eastera district by Act April 30, 1894, c. 66, the terms appointed by this section at Detroit and the terms authorized by Act June 19, 1878, c. 326, § 9, at Port Huron, were continued, and regular terms at Bay City were ap- pointed by section 2 of that act, ante, under Rev. St. § 538. Minnesota. [Superseded. Act April 26, 1890, c. 167.] The appointment by this section of terms in the district of Minnesota at Winona and St. Paul is superseded, on the subdivision of the district into six divisions by Act April 26, 1890, c. 167, by the appointment of terms in each division, at Winona, Mankato, St. Paul, Minneapolis, Du- luth, and Fergus Fails, respectively, by sections 1, 4, of that act, ante, following Rev. St. $ 538. Mississippi. In the northern district of Mississippi, at Oxford, on the first Mon- day in June and December. In the southern district of Mississippi, at Jackson, on the fourth Monday in January and June. Act June 18, 1838, c. 115, $$ 1, 2, 5 Stat. 247. Act May 16, 1866, c. 83, § 1, 14 Stat. 48. Act May 5, 1830, c. 89, § 1, 4 Stat. 399. Act March 3, 1835, c. 34, § 1, 4 Stat. 773. The terms appointed by this section in the northern district of Missis- sippi at Oxford were continued, on the subdivision of the district into an eastern division and a western division by Act June 15, 1882, c. 218, and terins in the eastern division at Aberdeen were appointed, by sec- tion 2 of that act, ante, under Rev. St. § 539, and additional special terms for that district were authorized by section 10; and on the establishment of divisions in the southern district, terms in each division, besides the terms at Jackson appointed by this section, were provided for by the acts establishing the divisions, respectively: In the western division at Vicks- burg, by Act Feb. 28, 1887, C. 279, § 1; in the southern division at Mis- sissippi City, by Act April 4, 1888, c. 58, § 1, changed to Biloxi by Act March 2, 1899, c. 351; and in the eastern division at Meridian, by Act July 18, 1894, c. 144, § 1, ante, under Rev. St. § 539. 470 (Sec. 572 Tit. 13— THE JUDICIARY —Ch. 4. Missouri. In the eastern district of Missouri, at Saint Louis, on the first Mon- day in May and November. In the western district of Missouri, at Jefferson, * * [Part of section omitted superseded. Act April 19, 1892, c. 50, § 1.] Act March 3, 1857, c. 100, $ 2, 11 Stat. 197. Act Feb. 25, 1873, c. 200, § 5, 17 Stat. 477. The terms appointed by this section in the eastern district of Missouri at Jefferson were continued, on the establishment in that district of two divisions by Act Jan. 21, 1879, c. 20, 20 Stat. 263, and terms were provid- ed for at Kansas City. And on the alteration of the districts and the further subdivision of each district by Act Feb. 28, 1887, c. 271, the terms previously appointed at St. Louis, Kansas City, and Jefferson were continued, and additional terms were appointed, in the eastern district at Hannibal, in the western district at St. Joseph and Springfield, by sec- tion 3 of that act, amended by Act May 14, 1890, c. 202, ante, under Rev. St. § 540, which superseded provisions of Act Sept. 26, 1888, c. 1040, 25 Stat. 497, changing the times of holding the terms fixed by said section 3 as originally enacted. Bat the times for terms in the western district were again changed by Act Aug. 29, 1890, c. 818, 26 Stat. 319, and that act was superseded by a further change thereof by Act April 19, 1892, c. 50, ante, under Rev. St. $ 540. And on the establishment of a south- western division in the southern district by Act Jan. 24, 1901, c. 164, terms in that division at Joplin were appointed by section 2 of that act, ante, under Rev. St. & 540. Nebraska. [Superseded. Act Aug. 14, 1888, c. 891, and Act Aug. 3, 1894, . C. 194.] The appointment by this section of terms in the district of Nebraska at Omaha was changed, as to the time for one term, by Act Feb. 17, 1877, c. 60, 19 Stat. 232; and is superseded by Act Aug. 14, 1888, c. 891, ante, following Rev. St. § 540, which appointed terms at Omaha, Lincoln, Hastings, and Norfolk. The times for these terms are changed by Act Aug. 3, 1894, c. 194, also set forth ante, following Rev. St. $ 540. Nevada. In the district of Nevada, at Carson City, on the first Monday in February, May, and October. Act Feb. 27, 1865, c. 64, § 1, 13 Stat. 440. New Hampshire. In the district of New Hampshire, at Portsmouth, on the third Tuesday in March and September; at Exeter, on the third Tuesday in June and December. Act Sept. 24, 1789, c. 20, $ 3, 1 Stat. 74. The terms appointed by this section in the district of New Hampshire at Exeter were directed to be held at Concord by Act Feb. 23, 1881, c. 71, ante, following Rev. St. § 540, and additional terms at Little- ton are appointed by Act March 10, 1892, c. 15, also set forth ante, fol- lowing Rev. St. § 540. New Jersey. In the district of New Jersey, at Trenton, on the third Tuesday in January, April, June, and September. Act June 4, 1844, c. 38, § 1, 5 Stat. 660. Act Aug. 12, 1848, c. 169, § 1, 9 Stat. 303. At each term in the district of New Jersey, civil cases set for trial Sec. 572) 471 Tit. 13— THE JUDICIARY —Ch. 4. or hearing at said term may be ordered to be heard or tried at Newark, by Act Aug. 8, 1888, c. 790, ante, following Rev. St. § 540. New York. In the northern district of New York, at Albany, on the second Tuesday of February; at Utica, on the first Tuesday of December; at Binghamton, on the second Tuesday of June; at Auburn, on the first Tuesday of October; at Syracuse, on the first Tuesday of April, and, in the discretion of the judge of the court, one term annually at such time and place within the counties of Saratoga, Onondaga, Saint Lawrence, Clinton, Jefferson, Oswego, and Franklin as he may from time to time appoint. Such appointment shall be made by notice of at least twenty days published in a newspaper published at the place where said court is to be held. In the western district of New York, at the city of Elmira, on the second Tuesday of January; at the city of Buffalo, on the second Tuesdays of March and November; at the city of Rochester, on the second Tuesday of May; at the city of Jamestown, on the second Tuesday of July; at the city of Lockport, on the second Tuesday of October. In the southern district of New York, in the city of New York, on the first Tuesday in every month. In the eastern district of New York, in Brooklyn, on the first Wednesday in every month. Act July 4, 1864, c. 245, § 1, 13 Stat. 385. Act May 29, 1830, c. 213, § 1, 4 Stat. 422. Act Feb. 25, 1855, c. 54, § 1, 13 Stat. 438. Act March 23, 1882, c. 48, § 1, 22 Stat. 32. Act May 12, 1900, c. 391, $ 3. 31 Stat. 175. The appointment by this section of terms in the northern district of New York, as then constituted, at Albany, Utica, Rochester, Buffalo, and Auburn, was changed, as to the times for such terms, by the amend- ment of the section by Act March 23, 1882, c. 48, § 1, cited above; but on the establishment of the western district by Act May 12, 1900, c. 391, ante, under Rev. St. § 541, this part of the section was repealed, and the two paragraphs relating to the northern district and the western district, respectively, as set forth here, were inserted in place thereof, by section 3 of that act; and terms in the western district in bank- ruptcy and in admiralty are also authorized by section 5 of that act. Provisions that judges from other districts may hold terms of the dis- trict courts for particular districts in New York are contained in Rev. St. 88 597, 599, 600. * * North Carolina. In the eastern district of North Carolina, [Part of section omitted superseded. Act Aug. 9, 1894, c. 244, § 2.] In the western district of North Carolina, at Greensborough, on the first Monday in April and October ; at Statesville, on the third Monday in April and October; and at Asheville, on the first Monday in May and November. Act March 10, 1828, c. 16, § 1, 4 Stat. 254. Act July 1, 1870, c. 188, 16 Stat. 180. Act June 4. 1872, c. 282, § 2, 17 Stat. 215. The appointment by this section of terms for the eastern district of North Carolina at Elizabeth City, Newbern, and Wilmington is super- seded by Act Aug. 9, 1894, c. 244, § 2. ante, under Rev. St. $ 543, which appoints terms for the district at Raleigh as well as the places named; and, in addition to the terms appointed by this section for the 472 (Sec. 572 Tit. 13— THE JUDICIARY —Ch. 4. * western district, terms at Charlotte are provided for by Act June 19, 1878, c. 322, ante, under Rev. St. $ 543. Ohio. In the northern district of Ohio, * [Part of section omitted superseded. Act June 8, 1878, c. 169, and Act July 27, 1882, c. 351.] In the southern district of Ohio, at Cincinnati, on the first Tuesday in February, April, and October. Act July 7, 1870, c. 214, 16 Stat. 192. Act May 23, 1872, c. 201, 17 Stat. 157. Act Feb. 21, 1863, c. 49, 12 Stat. 657. The appointment by this section of terms in the northern district of Ohio at Cleveland at certain times, and at Toledo at times to be fixed by the judge of the district, was superseded on the subdivision of the district into two divisions by Act June 8, 1878, c. 169, by section 1 of that act, ante, under Rev. St. § 544, which appointed regular terms at Toledo and repealed existing provisions for holding district courts at that place; and by Act July 27, 1882, c. 351, also set forth ante, under Rev. St. $ 544, which appointed terms at both Cleveland and Toledo, changing the time of one of the terms at Cleveland. And in addition to the terms appointed by this section in the southern district at Cincinnati, terms at Columbus were appointed, on the subdivision of that district into two divisions by Act Feb. 4, 1880, c. 18, § 2, ante, under Rev. St. $ 514. Oregon. In the district of Oregon, at Portland, on the first Monday in March, July, and November. Act Feb. 19, 1864, c. 11, § 8, 13 Stat. 5. Pennsylvania. In the eastern district of Pennsylvania, at Philadelphia, on the third Monday in February, May, August, and November. In the western district of Pennsylvania, at Pittsburgh, on the first Monday in May, and on the third Monday in October; * of section omitted superseded. Act March 2, 1901, C. 801]; at Erie, on the second Monday in January, and third Monday in July. Act June 9, 1794, c. 64, § 2, 1 Stat. 396. Act April 20, 1838, c. 108. § 1, 3 Stat. 462. Act May 15, 1820, c. 111, § 1, 3 Stat. 598. Act April 5, 1826, c. 23, § 1, 4 Stat. 153. Act May 8, 1840, c. 23, § 1, 5 Stat. 380. Act July 27, 1842, c. 68, § 1, 5 Stat. 496. Act July 28, 1866, c. 304, § 1, 14 Stat. 342. Act Feb. 21, 1871, c. 63, 16 Stat. 429. In addition to the terms appointed by this section for the western dis- trict of Pennsylvania at Pittsburg, Williamsport, and Erie, terms at Scranton were appointed by Act Aug. 5, 1886, c. 931, 24 Stat. 336; but these provisions for terms at Williamsport and Scranton are superseded by Act March 2, 1901, c. 801, ante, under Rev. St. $ 545, which estab- lishes a middle district and appoints terms of the courts therein at Scran- ton, Williamsport, and Harrisburg. Rhode Island. In the district of Rhode Island, at Providence, on the first Tuesday in February and August; at Newport, on the second Tuesday in May, and on the third Tuesday in October. Act March 23, 1804, c. 31, § 4, 2 Stat. 273. South Carolina. [Superseded. Act April 26, 1890, C. 165, and Act Dec. 21, 1898, c. 32.] The appointment by this section of terms in the eastern district of South Carolina at Charleston, and in the western district at Greenville, * [Part 9 Sec. 572) 473 Tit. 13— THE JUDICIARY –Ch. 4. was superseded by Act April 26, 1890, c. 165, Act July 23, 1892, c. 235, and Act Dec. 21, 1898, c. 32, ante, under Rev. St. § 546; the act last mentioned superseding all previous provisions on the subject by appoint- ing terms in the western district at Greenville, and in the eastern dis- trict at Charleston and Columbia; and an additional term in the eastern district at Florence is appointed by Act May 10, 1900, c. 390, § 2, also set forth ante, under Rev. St. § 546. Tennessee. In the eastern district of Tennessee, at Knoxville, [Part of section omitted superseded. Act Feb. 27, 1896, c. 35, and Act Feb. 2, 1899, c. 83.] In the middle district of Tennessee, at Nashville, on the third Mon- day in April and October. In the western district of Tennessee, at Memphis, on the fourth Monday in May and November. Act June 25, 1868, c. 79, § 1, 15 Stat. 80. In addition to the terms appointed by this section in the western dis- trict of Tennessee at Memphis, terms at Jackson, in the eastern division of the district, at such times as the judge should fix, were authorized by a provision of Act June 20, 1878, c. 359, § 1, ante, under Rev. St. $ 547, which subdivided the district into an eastern division and a western divi- sion. So, also, on the subdivision of the eastern district into a north- ern division and a southern division by Act June 11, 1880, c. 203, terms at Chattancoga, in the southern division, were appointed by section 2 of that act, in addition to the terms at Knoxville appointed by this section. The times for the terms at Knoxville were changed by Act Feb. 27, 1896, c. 35, 29 Stat. 39, and again by Act Feb. 2, 1899, c. 83, ante, un- der Rev. St. $ 547, which supersedes the previous provisions for terms at Knoxville. And on the establishment of a northeastern division in the eastern district by Act Feb. 7, 1900, c. 10, ante, under Rev. St. $ 547, terms at Greeneville, in that division, were appointed by section 2 of that act; but the times for said terms are changed by Act Jan. 19, 1901, c. 102, ante, under Rev. St. $ 547. Special provisions for intermediate terms, on failure to hold a regular term, are contained in Rev. St. 8 586. Texas. [Superseded. Act Feb. 24, 1879, c. 97, § 4, Act June 20, 1884, C. 102, Act April 7, 1892, c. 39, § 1, and Act June 11, 1896, c. 422, § 1.] The appointment by this section of terms for the eastern district of Texas at Brownsville and Galveston, and for the western district at Aus- tin and Tyler, was superseded, on the change in the boundaries of these districts and the establishment of a northern district by Act Feb. 24, 1879, c. 97, ante, under Rev. St. $ 518, by section 4 of that act, which ap- pointed terms for the northern district at Waco, Dallas, and Graham, for the eastern district at Galveston, Tyler, and Jefferson, and for the western district at Brownsville, San Antonio, and Austin. The times for these terms in the western district were changed, and additional terms appointed at El Paso, by amendments of said act, in- corporated therein, as set forth under Rev. St. $ 548; and additional terms for the western district, at Laredo, are appointed by Act March 2, 1899, c. 393, also set forth ante, under Rev. St. § 548. So, also, the times fixed by Act Feb. 24, 1879, c. 97, § 4, for terins in the eastern district and the northern district, were changed by Act June 20, 1884, c. 102, 23 Stat. 48; and additional terms for the eastern dis- trict, at Paris, were provided for by Act March 1, 1889, c. 333, § 17, 25 Stat. 786. These provisions for terms in the eastern district are super- seded by Act April 7, 1892, c. 39, § 1, which appoints terms at Tyler, Jefferson, Galveston, and Paris; and additional terms for that district at Beaumont are provided for by Act Feb. 8, 1897, c. 178, § 2, and addi- 474 (Sec. 572 Tit. 13— THE JUDICIARY —Ch. 4. *. tional terms at Sherman are authorized by Act Feb. 19, 1901, c. 382, 8 2, under Rev. St. $ 548. The appointment of terms in the northern district by Act June 20, 1884, c. 102, mentioned above, is superseded by Act June 11, 1896, c. 422, $ 1, as amended by Act Feb. 16, 1900, c. 16, § 1, ante, under Rev. St. $ 548, which altered the division of the district and appointed terms at Dal- las, Waco, Fort Worth, Abilene, and San Antonio. Vermont. In the district of Vermont, at Burlington, on the fourth Tuesday in February; at Windsor, on the Monday next after the fourth Tuesday in July; at Rutland, on the sixth day of October. Act April 29, 1802, c. 31, $ 27, 2 Stat. 166. Act March 22, 1816, c. 31, § 1, 3 Stat. 258. Act March 3, 1823, c. 45, § 1, 3 Stat. 776. Act May 4, 1858, c. 28, § 1, 11 Stat. 272. Act Feb. 22, 1869, c. 43, § 1, 15 Stat. 274. The times fixed by this section for the terms at Windsor and Rutland are changed by Act June 5, 1874, c. 214, ante, following Rev. St. $ 548; and the adjournment of one term to Montpelier is authorized by Act July 3, 1894, c. 123, also set forth ante, following Rev. St. $ 548. Virginia. In the eastern district of Virginia, at Richmond, on the first Monday in April and October; at Alexandria, on the first Monday in Janu- ary and July; and at Norfolk on the first Monday in May and No- vember. In the western district of Virginia, at Danville, * * [Parts of section omitted superseded. Act Sept. 25, 1890, c. 922]; at Lynch- burgh, * *; at Abingdon, * *; and at Harrisonburgh, * Act Feb. 3, 1871, c. 35, $$ 2, 3, 16 Stat. 403. Act Feb. 1, 1872, c. 10, 17 Stat. 27. Act April 13, 1872, c. 99, 17 Stat. 52. The times fixed by this section for the terms in the western district of Virginia at Danville, Lynchburg, Abingdon, and Harrisonburg are chan- ged by Act Sept. 25, 1890, c. 922, ante, under Rev. St. $ 549, and an ad- ditional term for the western district at Charlottesville is provided for by Act April 18, 1900, c. 245, also set forth ante, under Rev. St. $ 549. West Virginia. [Superseded. Act Jan. 22, 1901, C. 105, $ 9.] The times fixed by this section for terms in the district of West Vir- ginia, as then constituted, at Clarksburg, Wheeling, and Charleston, were changed by Act March 9, 1878, c. 27, 20 Stat. 27; an additional term in each year at Martinsburg was provided for by Act May 17, 1888, c. 261, 25 Stat. 151; and the times for these terms were changed again by Act April 6, 1892, c. 36, 27 Stat. 14, and by Act July 22, 1892, c. 227, 27 Stat. 254. But all previous provisions on the subject are super- seded by Act June 22, 1901, c. 105, § 9, ante, following Rev. St. $ 549, which divided the state into a northern district and a southern district, and established divisions in each district and terms of the courts therein. Wisconsin. In the eastern district of Wisconsin, at Oshkosh, * * [Part of section omitted superseded. Act June 16, 1874, c. 286, and Act March 31, 1892, c. 28] ; at Milwaukee, on the first Monday in January and October. In the western district of Wisconsin, at Madison, * [Part of section omitted superseded. Act Aug. 6, 1886, c. 932]; and at La Crosse, on the third Tuesday in September. Act June 29, 1870, c. 175, $$ 2, 3, 16 Stat. 171. Act May 9, 1872, C. 143, § , 17 Stat. 88. The time fixed by this section for the term in the eastern district of Secs. 572–574) 475 Tit. 13— THE JUDICIARY —Ch. 4. Wisconsin at Oshkosh was changed by Act June 16, 1874, c. 286, 18 Stat. 75, and this is superseded by Act March 31, 1892, c. 28, ante, under Rev. St. $ 550, amending this section; and the time for the term in the western district at Madison is changed, and an additional term at Eau Claire appointed, by Act Aug. 5, 1886, c. 932; and an additional term in that district at Superior is provided for by Act May 26, 1900, c. 591, ante, under Rev. St. $ 550. ACT JUNE 30, 1879, c. 49. An Act to Change the Time of Holding the November Term of the United States District Court in the District of Connecticut. (21 Stat. 41.) Connecticut; time for term at Hartford. Be it enacted, &c., That the term of the United States district court for the district of Connecticut, at Hartford, now held on the fourth Tuesday in November, shall hereafter be held on the first Tuesday of December. Act June 30, 1879, c. 49, 21 Stat. 41. ACT JUNE 18, 1884, c. 1. An Act to Fix the Time for Holding the District Court in the Dis- trict of Maine at Bangor. (23 Stat. 1.) Maine; time for term at Bangor. Be it enacted, &c., That the regular term of the District Court of the District of Maine now held at Bangor on the Fourth Tuesday shall hereafter be held on the First Tuesday of June. Act Jan. 18, 1884, c. 1, 23 Stat. 1. Sec. 573. Effect of altering terms of district courts. No action, suit, proceeding, or process in any district court shall abate or be rendered invalid by reason of any act changing the time of holding such court; but the same shall be deemed to be return- able to, pending, and triable in the terms established next after the re- turn-day thereof. See all acts altering terms. Similar provisions relating to the circuit courts are contained in Rev. St. § 660. And many similar provisions relating to particular districts or divisions therein are contained in statutes establishing or subdividing the districts and appointing terms of courts therefor, ante, under chapter 1 of this Title. Sec. 574. Court always open as court of admiralty, for certain purposes. The district courts, as courts of admiralty, and as courts of equity, so far as equity jurisdiction has been conferred upon them, shall be deemed always open, for the purpose of filing any pleading, of issu- ing and returning mesne and final process, and of making and direct- ing all interlocutory motions, orders, rules, and other proceedings, preparatory to the hearing, upon their merits, of all causes pending 476 (Secs. 574-578 Tit. 13– THE JUDICIARY - Ch. 4. therein. And any district judge may, upon reasonable notice to the parties, make, and direct and award, at chambers, or in the clerk's office, and in vacation as well as in term, all such process, commis- sions, orders, rules, and other proceedings, whenever the same are not grantable of course, according to the rules and practice of the court. Act Aug. 23, 1842, c. 188, § 5, 5 Stat. 517. Provisions that the circuit courts, as courts of equity, shall be deemed always open, for certain purposes, are contained in Rev. St. 8 638. Sec. 575. District court in southern district of Florida. The district court for the southern district of Florida shall at all times be open, for the purpose of hearing and deciding causes of ad- miralty and maritime jurisdiction. Act Feb. 23, 1847, c. 20, § 2, 9 Stat. 131. Sec. 576. District courts in Wisconsin. The district courts of the districts of Wisconsin shall at all times be open, for the purpose of hearing and deciding causes of admiralty and maritime jurisdiction, so far as the same can be done without a jury. Act May 29, 1848, c. 50, $ 4, 9 Stat. 234. Act June 29, 1870, c. 175, $8 1, 3, 16 Stat. 171. Act Feb. 26, 1845, c. 20, 5 Stat. 726. Sec. 577. Kentucky and Indiana; how terms may be held. In the districts of Kentucky and Indiana, the terms of the district courts shall not be limited to any particular number of days, nor shall it be necessary to adjourn by reason of the intervention of a term of the court elsewhere; but the court intervening may be adjourned over till the business of the court in session is concluded. Act May 15, 1862, c. 71, § 6, 12 Stat. 386. Act June 30, 1870, c. 180, $ 6, 16 Stat. 175. Similar provisions in case of the intervention of a term of the district court at another place, or of a term of the circuit court, are contained in Rev. St. $ 580. General provisions that the trial or hearing of a cause commenced and in progress shall not be stayed or discontinued by the arrival of the time fixed by law for another session of the court are contained in Rev. St. $ 746. Sec. 578. Monthly adjournments for trial of criminal causes. District courts shall hold monthly adjournments of their regular terms, for the trial of criminal causes, when their business requires it to be done, in order to prevent undue expenses and delays in such cases. Act Aug. 23, 1842, c. 188, 83, 5 Stat. 517. Special sessions of the circuit courts for the trial of criminal causes are authorized by Rev. St. $$ 661, 662. Secs. 579–582) 477 Tit. 13— THE JUDICIARY --Ch. 4. Sec. 579. Adjourned terms. The judge of any district court in Indiana, Kentucky, Louisiana, Michigan, Ohio, Pennsylvania, and Texas, may adjourn the same from time to time, to meet the necessities or convenience of the business. Act June 30, 1870, c. 180, $ 5, 16 Stat. 175. Act May 15, 1862. c. 71, § 4, 12 Stat. 386. Act July 20, 1854, c. 99, § 1, 10 Stat. 307. Act July 27, 1866, c. 280, § 1, 14 Stat. 300. Act Feb. 24, 1863, c. 54, § 2, 12 Stat. 661. Act Feb. 10, 1855, c. 73, § 2, 10 Stat. 605. Act April 20, 1818, c. 108, § 1, 3 Stat. 462.Act May 26, 1824, c. 170, § 1, 4 Stat. 50. Act July 28, 1866, c. 304, § 1, 14 Stat. 342. Act Feb. 21, 1857, c. 57, § 2, 11 Stat. 164. Sec. 580. Adjourned terms in Kentucky and Indiana. In the districts of Kentucky and Indiana the intervention of a term of the district court at another place, or of a circuit court, shall not preclude the power to adjourn over to a future day. Act May 15, 1862, c. 71, & 4, 12 Stat. 386. Act June 30, 1870, c. 180, $ 5, 16 Stat. 175. Sec. 581. Special terms. A special term of any district court may be held at the same place where any regular term is held, or at such other place in the district as the nature of the business may require, and at such time and upon such notice as may be ordered by the district judge. And any busi- ness may be transacted at such special term which might be trans- acted at a regular term. Act Sept. 24, 1789, c. 20, § 3, 1 Stat. 73. Act Feb. 6, 1839, c. 20, $ 2, 5 Stat. 315. Act June 9, 1860, c. 85, § 3, 12 Stat. 29. Act June 13, 1836, c. 100, § 4, 5 Stat. 51. Act March 3, 1851, c. 24, § 2, 9 Stat. 594. Act Sept. 28, 1850, c. 86, § 3, 9 Stat. 522. Act March 3, 1845. C. 75, $ 4, 5 Stat. 788. Act Feb. 23, 1847, c. 20, $ 2, 9 Stat. 131. Act March 3, 1851, c. 44, § 1, 9 Stat. 636. Act June 30, 1870, c. 180, $4, 16 Stat. 175. Act May 15, 1862, c. 71, $ 4, 12 Stat. 386. Act June 4, 1872, c. 282, $ 4, 17 Stat. 215. Act July 4, 1864, c. 245, § 1, 13 Stat. 385. Act Jan. 26, 1864, c. 5, $ 2, 13 Stat. 2. Act Feb. 3, 1871, c. 35, $ 4, 16 Stat. 403. Act May 29, 1848, c. 50, § 4, 9 Stat. 234. Act June 29, 1870, c. 175, $ 4, 16 Stat. 171. Provisions authorizing special terms in particular districts or divisions therein, contained in statutes establishing or dividing the districts, are set forth as part of such statutes, ante, under chapter 1 of this Title. Provisions for adjourned or special terms of the circuit courts are con- tained in Rev. St. 88 663–670, and for special sessions of the circuit courts for the trial of criminal causes in Rev. St. $$ 661, 662. Sec. 582. Tennessee; when circuit judges may act as district judges. In the case of the non-attendance of the district judge of Tennessee at any term of the district court in either of the districts thereof, the 478 (Secs. 583-585 Tit. 13— THE JUDICIARY —Ch- . 4. circuit justice, or circuit judge of the circuit to which such district belongs, may hold such term, and shall have and exercise the juris- diction and powers given by law to a district judge. Act March 3, 1843, c. 74, § 2, 5 Stat. 610. Act April 10, 1869, c. 22, $ 3, 16 Stat. 44. Sec. 583. Adjournment in case of nonattendance of the judge. If the judge of any district court is unable to attend at the com- mencement of any regular, adjourned, or special term, the court may be adjourned by the marshal, by virtue of a written order directed to him by the judge, to the next regular term, or to any earlier day, as the order may direct. Act Sept. 24, 1789, c. 20, $ 6, 1 Stat. 76. Act March 26, 1804, c. 44, 2 Stat. 291. Special provisions for adjournment in case of nonattendance of the judge of the district court in particular districts are contained in Rev. St. $$ 584, 585; and similar provisions for adjournment of circuit courts if neither of the judges be present are contained in Rev. St. 88 671, 672. Sec. 584. Adjournment in case of nonattendance of the judge, in certain dis- tricts. If the judge of any district court in Alabama, California, Georgia, Indiana, Iowa, Kentucky, North Carolina, Tennessee, or West Vir- ginia is not present at the time for opening the court, the clerk may open and adjourn the court from day to day for four days; and if the judge does not appear by two o'clock after noon of the fourth day, the clerk shall adjourn the court to the next regular term. But this section is subject to the provisions of the preceding and next sections. Act March 10, 1824, c. 28, § 9, 4 Stat. 10. Act Feb. 6, 1839, c. 20, § 10, 5 Stat. 316. Act Sept. 28, 1850, c. 86, $ 6, 9 Stat. 522. Act Aug. 18, 1848, c. 151, $ 10, 9 Stat. 281. Act June 30, 1870, c. 180, § 2, 16 Stat. 175. Act March 3, 1849, c. 124, § 1, 9 Stat. 411. Act May 15, 1862, c. 71, § 2, 12 Stat. 386. Act Jan. 23, 1812, c. 17, $ 2, 2 Stat. 676. Act June 18, 1838, c. 118, $ 7,5 Stat. 250. Act May 26, 1824, c. 167, $ 3, 4 Stat. 49. Sec. 585. Adjournment in Kentucky and Indiana, by written order, within first three days of terms. In the districts of Indiana and Kentucky, the district judge, in the case provided in the preceding section, may, by a written order to the clerk within the first three days of his term, adjourn the district court to a future day within thirty days of the first day. The clerk shall give notice of such adjournment by posting a copy of said order on the front door of the court-house where the court is to be held. Act May 15, 1862, c. 71, $ 2, 12 Stat. 386. Act June 30, 1870, c. 180, $ 2, 16 Stat. 75. Secs. 586-588) 479 Tit. 13– THE JUDICIARY —Ch. 4. Sec. 586. Intermediate terms in California, Iowa, and Tennessee. Whenever the judge of any district court in the districts of Cali- fornia, Iowa, and Tennessee fails to hold any regular term thereof, it shall be his duty, if it appears that the business of the court re- quires it, to hold an intermediate term. Such intermediate term shall be appointed by an order under his hand and seal, addressed to the clerk and marshal at least thirty days previous to the time fixed there- in for holding it, and the order shall be published the same length of time in the several newspapers published within such districts re- spectively. And at such intermediate term the business of the court shall have reference to and be proceeded with in the same manner as if it were a regular term. Act Sept. 1850, c. 86, § 6, 9 Stat. 522. Act March 3, 1849, c. 124, § 1, 9 Stat. 411. Act June 18, 1838, c. 118, § 8, 5 Stat. 250. Act June 18, 1839, c. 3, § 1, 5 Stat. 313. Sec. 587. Business certified to circuit court in case of disability of district judge. When satisfactory evidence is shown to the circuit judge of any circuit, or, in his absence, to the circuit justice allotted to the circuit, that the judge of any district therein is disabled to hold a district court, and to perform the duties of his office, and an application ac- cordingly is made in writing to such circuit judge or justice, by the district attorney or marshal of the district, the said judge or justice, as the case may be, may issue his order in the nature of a certiorari, directed to the clerk of such district court, 'requiring him forthwith to certify into the next circuit court to be held in said district all suits and processes, civil and criminal, depending in said district court, and undetermined, with all the proceedings thereon, and all the files and papers relating thereto. Said order shall be immediately pub- lished in one or more newspapers printed in said district, at least thirty days before the session of such circuit court, and shall be suffi- cient notification to all concerned; and thereupon the circuit court shall proceed to hear and determine the suits and processes so certi- fied. And all bonds and recognizances taken for, or returnable to, such district court, shall be held to be taken for, and returnable to, said circuit court, and shall have the same effect therein as they could have had in the district court to which they were taken. Act March 2, 1809, c. 27, § 1, 2 Stat. 534. Act July 29, 1850, c. 30, § 1, 9 Stat. 442. Act April 2, 1852, c. 20, 10 Stat. 5. Act April 10, 1869, c. 22, & 2, 16 Stat. 44. Provisions for cognizance by a circuit court of causes transferred there- to, as provided by this section, are contained in Rev. St. $ 637. Sec. 588. Suits brought in district court after order to certify to circuit court. When an order has been made as provided in the preceding section, the clerk of the district court shall continue, during the disability of the district judge, to certify, as aforesaid, all suits, pleas, and pro- 480 (Secs. 589-591 Tit. 13— THE JUDICIARY --Ch. 4. cesses, civil and criminal, thereafter begun in said court, and to trans- mit them to the circuit court next to be held in that district; and the said court shall proceed to hear and determine them as provided in said section: Provided, That when the disability of the district judge ceases or is removed, the circuit court shall order all such suits and proceedings then pending and undetermined therein, in which the district courts have an exclusive original cognizance, to be remanded, and the clerk of such court shall transmit the same, with all matters relating thereto, to the district court next to be held in that district ; and the same proceedings shall then be had in the district court as would have been had if such suits had originated or been continued therein. Act March 2, 1809, c. 27, § 2, 2 Stat. 535. Sec. 589. Powers of district judge vested, during disability, in circuit judge. In the case provided in the two preceding sections the circuit judge, and in his absence the circuit justice, shall have and exercise, during such disability, all the powers of every kind vested by law in such dis- trict judge. But this provision does not require them to hold any special court, or court of admiralty, at any other time than that fixed by law for holding the circuit court in said district. Act March 2, 1809, c. 27, 82, 2 Stat. 534. Sec. 590. Preparatory examinations and orders in admiralty cases by district clerk. When the business of a district court is certified into the circuit court on account of the disability of the district judge, the district clerk shall be authorized, by order of the circuit judge, or, in his ab- sence, of the circuit justice within whose circuit such district is in- cluded, to take, during such disability, all examinations and deposi- tions of witnesses, and make all necessary rules and orders, prepara- tory to the final hearing of all causes of admiralty and maritime jurisdiction. Act March 2, 1809, c. 27, $ 3, 2 Stat. 535. Act April 10, 1869, c. 22, $ 2, 16 Stat. 44. The amendment of this section by Act Feb. 18, 1875, c. 18, cited above, consists in the insertion of the word "district,” where it occurs first in the section as set forth here, instead of the word "circuit,” in the section as originally enacted. Sec. 591. District judge designated to perform duties of disabled judge. When any district judge is prevented, by any disability, from hold- ing any stated or appointed term of his district court, or of the cir- cuit court in his district in the absence of the other judges, and that fact is made to appear by the certificate of the clerk, under the seal of the court, to the circuit judge, or, in his absence, to the circuit justice of the circuit in which the district lies, such circuit judge or Secs. 592-594) 481 Tit. 13– THE JUDICIARY —Ch. 4. justice may, if in his judgment the public interests so require, desig- nate and appoint the judge of any other district in the same circuit to hold said courts, and to discharge all the judicial duties of the judge so disabled, during such disability. Such appointment shall be filed in the clerk's office, and entered on the minutes of the said district court, and a certified copy thereof, under the seal of the court, shall be transmitted by the district clerk to the judge so designated and appointed. Act July 29, 1850, c. 30, $ 1,9 Stat. 442. Act April 10, 1869, c. 22,8 2, 16 Stat. 44. Sec. 592. Designation of another judge in case of accumulation of business. When, from the accumulation or urgency of business in any dis- trict court, the public interests require the designation and appoint- ment hereinafter provided, and the fact is iñade to appear, by the cer- tificate of the clerk, under the seal of the court, to the circuit judge, or, in his absence, to the circuit justice of the circuit in which the dis- trict lies, such circuit judge or justice may designate and appoint the judge of any other district in the same circuit to have and exercise within the district first named the same powers that are vested in the judge thereof; and each of the said district judges may, in case of such appointment, hold separately at the same time a district or cir- cuit court in such district, and discharge all the judicial duties of a dis- trict judge therein; but no such judge shall hear appeals from the district court. Act April 2, 1852, c. 20, 10 Stat. 5. Act April 10, 1869, c. 22, § 2, 16 Stat. 44. Sec. 593. When designation of another judge to be by Chief Justice United States. If the circuit judge and circuit justice are absent from the circuit, or are unable to execute the provisions of either of the two preceding sections, or if the district judge so designated is disabled or neglects to hold the courts and transact the business for which he is desig- nated, the district clerk shall certify the fact to the Chief Justice of the United States, who may thereupon designate and appoint, in the manner aforesaid, the judge of any district within such circuit or within any circuit next contiguous; and said appointment shall be transmitted to the district clerk, and be acted upon by him as di- rected in the preceding section. Act July 29, 1850, c. 30, $ 2, 9 Stat. 443. Act April 2, 1852, c. 29, 10 Stat. 5. Act April 10, 1869, c. 22, & 2, 16 Stat. 44. Sec. 594. Revocation and new appointment. The circuit judge, or circuit justice, or the Chief Justice, as the case may be, may, from time to time, if in his judgment the public LAWS '01-31 482 (Secs. 595-596 Tit. 13—THE JUDICIARY —Ch. 4. interests so require, make a new designation and appointment of any other district judge within the said circuits, for the duties, and with the powers mentioned in the three preceding sections, and to revoke any previous designation and appointment. Act July 20, 1850, c. 30, $ 4, 9 Stat. 443. Act April 2, 1852, c. 20, 10 Stat. 5. Act April 10, 1869, c. 22, $ 2, 16 Stat. 44. Sec. 595. Duty of district judge to comply with designation and appointment. It shall be the duty of the district judge who is designated and ap- pointed under either of the four preceding sections, to discharge all the judicial duties for which he is so appointed, during the continu- ance of such disability, or, in the case of an accumulation of business, during the time for which he is so appointed; and all the acts and proceedings in the courts held by him, or by or before him, in pur- suance of said provisions, shall have the same effect and validity as if done by or before the district judge of the said district. Act July 29, 1850, c. 30, $ 3, 9 Stat. 443. Act April 2, 1852, c. 20, 10 Stat. 5. Sec. 596. Designation of district judge when public interest requires. It shall be the duty of every circuit judge, whenever in his judg- ment the public interest so requires, to designate and appoint, in the manner and with the powers provided in section five hundred and ninety-one, the district judge of any judicial district within his circuit to hold a district or circuit court in the place or in aid of any other district judge within the same circuit; and it shall be the duty of the district judge, so designated and appointed, to hold the district or circuit as aforesaid, without any other compensation than his regular salary as established by law, except in the case provided in the next section. Act March 3, 1871, c. 113, § 3, 16 Stat. 494. Act July 29, 1850, c. 30, § 1, 9 Stat. 442. The word "court" appears to be omitted from this section after the words "district or circuit" where they occur last. So much of this section as forbids the payment of the expenses of dis- trict judges holding court outside of their districts is repealed by Act March 3, 1881, c. 133, set forth below. See ncte under Rev. St. $ 544, as to provisions for payment of such expenses. ACT MARCH 3, 1881, c. 133. Expenses of judges holding court outside their districts. So much of section five hundred and ninety six of the Revised Stat- utes as forbids the payment of the expenses of district judges while holding court outside of their districts is hereby repealed. * Act March 3, 1881, c. 133, 21 Stat. 454. This is a provision of the sundry civil appropriation act for the year en ling June 30, 1882, cited above. * Secs. 597–600) 483 Tit. 13– THE JUDICIARY —Ch. 4. Sec. 597. Expenses of a district judge designated to southern district of New York. Whenever a district judge, from another district, holds a district or circuit court in the southern district of New York, in pursuance of the preceding section, his expenses, not exceeding ten dollars a day, certified by him, shall be paid by the marshal of said district, as a part of the expenses of the court, and shall be allowed in the mar- shal's account. Act March 5, 1872, c. 35, 17 Stat. 36. Sec. 598. Disability of district judges in Florida. When a certificate of the judge of either of the districts of Florida, stating that he is disabled to hold any regular, special, or adjourned term of the court of such district, and requesting the judge of the other district to hold the same, is filed in the clerk's office of the place where it is to be held, the judge of the other district is au- thorized to hold such courts, and to exercise all the powers of dis- trict judge, in the district of the judge so certifying. Act Feb. 24, 1855, c. 125, 10 Stat. 615. Sec. 599. Disability of judge of northern and southern districts of New York. Whenever the judge of the northern district of New York is dis- abled to perform the duties of his office, it shall be the duty of the judge of the southern district, upon receiving from him notice there- of, to hold the district court, and to perform all the duties of district judge for such district. And whenever the judge of the southern district is so disabled, it shall be the duty of the judge of the eastern district, upon a like notice, to hold the district court, and to perform all the duties of district judge for the southern district. In such cases the said judges, respectively, shall have the same powers as are vested in the judge so disabled. Act April 3, 1818, c. 32, § 1, 3 Stat. 414. Act Feb. 25, 1865, c. 54, S 3, 13 Stat. 438. Sec. 600. When district judge of eastern district of New York may act in south- ern district. Whenever the judge of the southern district of New York deems it desirable, on account of the pressure of public business or other cause, that the judge of the eastern district shall perform the duties of a district judge in the southern district, an order to that effect may be entered upon the records of the district court thereof; and thereupon the judge of the eastern district shall have power to hold the district court, and to perform all the duties of district judge for the southern district. Act Feb. 25, 1865, c. 54, $ 3, 13 Stat. 438. 484 (Secs. 601-603 Tit. 13—THE JUDICIARY —Ch. 4. Sec. 601. When district judge is interested in suit pending before him. Whenever it appears that the judge of any district court is in any way concerned in interest in any suit pending therein, or has been of counsel for either party, or is so related to or connected with either party as to render it improper, in his opinion, for him to sit on the trial, it shall be his duty, on application by either party, to cause the fact to be entered on the records of the court; and, also, an order that an authenticated copy thereof, with all the pro- ceedings in the suit, shall be forthwith certified to the next circuit court for the district; and if there be no circuit court therein, to the next circuit court in the State; and if there be no circuit court in the State, to the next convenient circuit court in an adjoining State; and the circuit court shall, upon the filing of such record with its clerk, take cognizance of and proceed to hear the case, in like man- ner as if it had originally and rightfully been commenced therein. Act March 3, 1821, c. 51, 3 Stat. 643. Act May 8, 1792, c. 36, § 11, 1 Stat. 278. Provisions for cognizance by the circuit court of causes removed there- to as provided by this section are contained in Rev. St. 8 637. Sec. 602. Continuances by vacancy in office of district judge. When the office of judge of any district court is vacant, all process, pleadings, and proceedings pending before such court shall be con- tinued of course until the next stated term after the appointment and qualification of his successor; except when such first-mentioned term is held as provided in the next section. Act Sept. 24, 1789, c. 20, $ 6, 1 Stat. 76. Act Aug. 6, 1861, c. 59, 12 Stat. 318. Sec. 603. Vacancy in office of district judge. When the office of district judge is vacant in any district in a State containing two or more districts, the judge of the other or of either of the other districts may hold the district court, or the cir- cuit court in case of the sickness or absence of the other judges thereof, in the district where the vacancy occurs, and discharge all the judicial duties of judge of such district, during such vacancy; and all the acts and proceedings in said courts, by or before such judge of an adjoining district, shall have the same effect and validity as if done by or before a judge appointed for such district. Act Aug. 6, 1861, c. 59, 12 Stat. 318. Sec. 604) 485 Tit. 13— THE JUDICIARY --Ch. 6. CHAPTER FIVE. Judicial Circuits. Sec. 604. Circuits. The judicial districts of the United States are divided into nine circuits as follows: First. The first circuit includes the districts of Rhode Island, Mas- sachusetts, New Hampshire, and Maine. Second. The second circuit includes the districts of Vermont, Con- necticut, and New York. Third. The third circuit includes the districts of Pennsylvania, New Jersey, and Delaware. Fourth. The fourth circuit includes the districts of Maryland, Vir- ginia, West Virginia, North Carolina, and South Carolina. Fifth. The fifth circuit includes the districts of Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas. Sixth. The sixth circuit includes the districts of Ohio, Michigan, Kentucky, and Tennessee. Seventh. The seventh circuit includes the districts of Indiana, Illi- nois, and Wisconsin. Eighth. The eighth circuit includes the districts of Nebraska, Min- nesota, Iowa, Missouri, Kansas, and Arkansas. Ninth. The ninth circuit includes the districts of California, Ore- gon, and Nevada, Act Sept. 24, 1789, c. 20, $ 4, 1 Stat. 74. Act March 30, 1820, c. 27, 8 1, 3 Stat. 554. Act July 23, 1866, c. 210, § 2, 14 Stat. 209. Act March 25, 1867, c. 7, § 2, 15 Stat. 5. The various acts subsequent to the Revised Statutes admitting new States into the Union provide that each State shall be attached to one of the circuits established by this section. Colorado is attached to the eighth circuit, by Act June 26, 1876, c. 147, § 1, 19 Stat. 61; North Dakota and South Dakota to the eighth circuit, and Washington and Montana to the ninth circuit, by Act Feb. 22, 1889, c. 180, $ 21, 25 Stat. 681; Idaho to the ninth circuit, by Act July 3, 1890, c. 656, § 16, 26 Stat. 217; Wyoming to the eighth circuit, by Act July 10, 1890, c. 664, § 16, 26 Stat. 225; and Utah to the eighth circuit, by Act July 16, 1894, c. 138, § 14, 28 Stat. 110. CHAPTER SIX. Circuit Courts-Organization. Sec. 605. Justices allotted to circuits; how Sec. 607. Circuit judges. Act March 3, 1887, c. 347. Additional circuit judge for second designated. 606. Allotment of the justices to the circuits. circuit. 486 (Sec. 605 Tit. 13—THE JUDICIARY —Ch. 6. Sec. Act March 3, 1891, c. 517, $ 1. Additional circuit judge for each circuit. Act July 23, 1894, c. 147. Additional circuit judge for eighth circuit. Act Feb. 8, 1895, c. 59. Additional circuit judge for seventh circuit. Act Feb. 18, 1895, c. 94. Additional circuit judge for ninth circuit. Act Jan. 25, 1899, c. 56. Additional circuit judges for fifth and sixth circuits. Act Feb. 23, 1899, c. 186. Additional circuit judge for third circuit. 608. Circuit courts; where established. Act June 22, 1874, c. 401. 1. Circuit courts for northern and middle districts of Alabama. 2. Powers and jurisdiction of cir- cuit courts for northern and middle districts of Alabama. 3. Clerks, marshals, and district at- torneys for northern and mid- dle districts of Alabama. 4. [Temporary.] 5. Circuit court for southern district of Alabama; repeal. 6. [Relates to terms of courts.] 7. Repeal. 8. Repeal. Act Feb. 6, 1889, c. 113. 1. Circuit courts for western dis- trict of Arkansas, northern dis- trict of Mississippi, and west- ern district of South Carolina; terms of courts in said circuits and in West Virginia. 2. Jurisdiction of circuit courts for western district of Arkansas, northern district of Mississippi, western district of South Caro- lina, and district of West Vir- ginia. 3. Clerks, marshals, and district at- torneys for circuit courts in western district of Arkansas, northern district of Mississippi, Sec. western district of South Caro- lina, and district of West Vir- ginia. 4. [Temporary.] 5. Repeal. 6. [Relates to Supreme Court.] 7. Time of taking effect of act. 609. Circuit courts; by whom to be held. 610. Justices of Supreme Court to at- tend once in every two years. 611. Judges of circuit courts may sit apart. 612. Circuit courts held at same time in different districts. 613. Criminal terms in the southern district of New York; how held. 614. [Superseded.] 615. When suits transferred from one circuit to another. 616. Cause certified back. 617. Justices may hold courts of other circuits on request. 618. When no justice is allotted to a circuit. 619. Clerks. Act Feb. 6, 1889, c. 113, $ 3. Clerks; by whom appointed. Act March 3, 1893, c. 211, § 1. Clerk for ninth circuit; appointment and removal. 620. Clerks in Kentucky. 621. Clerks in North Carolina. 622. Clerks in western district of Vir- ginia. 623. Clerks in western district of Wis- consin. 624. Deputy clerks. 625. Deputy clerks of circuit court in Indiana. 626. Compensation of deputy clerks. 627. [Superseded.] Act May 28, 1896, c. 252, 19. Office of circuit court commissioners abolished; United States commis- sioners, appointment, qualifications, tenure, powers and duties. 628. [Superseded.] Act May 28, 1896, c. 252, $ 20. Officers who may not be United States commissioners or receivers. Sec. 605. Justices allotted to circuits; how designated. The words "circuit justice” and “justice of a circuit,” when used Secs. 606-607) 487 Tit. 13—— THE JUDICIARY —Ch. 6. in this Title, shall be understood to designate the justice of the Supreme Court who is allotted to any circuit; but the word “judge,” when applied generally to any circuit, shall be understood to include such justice. Sec. 606. Allotment of the justices to the circuits. The Chief Justice and associate justices of the Supreme Court shall be allotted among the circuits by an order of the court, and a new allotment shall be made whenever it becomes necessary or convenient by reason of the alteration of any circuit, or of the new appointment of a Chief Justice or associate justice, or otherwise. If a new allotment becomes necessary at any other time than dur- ing a term, it shall be made by the Chief Justice, and shall be bind- ing until the next term and until a new allotment by the court. Act March 2, 1867, c. 156, § 1, 14 Stat. 433. Sec. 607. Circuit judges. For each circuit there shall be appointed a circuit judge, who shall have the same power and jurisdiction therein as the justice of the Supreme Court, allotted to the circuit, and shall be entitled to receive a salary at the rate of six thousand dollars a year, payable quarterly on the first days of January, April , July, and October. Every circuit judge shall reside within his circuit. Act April 10, 1869, c. 22, § 2, 16 Stat. 44. Act March 3, 1871, c. 113, $$ 3, 4, 16 Stat. 494, 495. The appointment of an additional judge for the second, eighth, sev- enth, ninth, fifth, sixth, and third circuits was authorized by Acts March 3, 1887, c. 347, § 1, July 23, 1894, c. 147, § 1, Feb. 8, 1895, c. 59, § 1, Feb. 18, 1895, c. 94, § 1, Jan. 25, 1899, c. 56, § 1, and Feb. 23, 1899, c. 186, § 1, set forth below; and the appointment of an addi- tional judge for each of the nine circuits was authorized by Act March 3, 1891, c. 517, § 1, set forth below. As thus constituted, the first circuit has two circuit judges; the second, three; the third, three; the fourth, two; the fifth, three; the sixth, three; the seventh, three; the eighth, three; and the ninth, three. Payment of the salaries of the judges monthly is authorized by pro- visions of Act March 3, 1881, c. 130, § 1, ante, under Rev. St. 554; also by Act July 31, 1894, c. 174, § 13, ante, under Rev. St. § 277. ACT MARCH 3, 1887, c. 347. An Act Providing an Additional Circuit Judge in the Second Ju- dicial Circuit, and for Other Purposes. (24 Stat. 492.) Additional circuit judge for second circuit. Be it enacted, &c., That there shall be appointed for the second circuit, by the President of the United States, by and with the advice and consent of the Senate, in addition to the present circuit judge, another circuit judge, who shall have the same qualifications and shall have the same power and jurisdiction therein that the present circuit judge, has under existing laws, and who shall be entitled to 488 (Sec. 607 Tit. 13—THE JUDICIARY —Ch- . 6. the same compensation as the present circuit judge: [Part of section omitted superseded. “Act Feb. 8, 1894, c. 25, § 1.] Act March 3, 1887, c. 347, 24 Stat. 492. The omitted portion of this section provided that the applications to and proceedings before the circuit judge, provided for by Rev. St. $8 2011-2014, should, in the second circuit, be made to and taken before the senior judge, or, in cases of absence or inability to act, before the junior judge. Rev. St. 88 2011-2014, were expressly re- pealed by Act Feb. 8, 1894, c. 25, § 1, thus rendering the omitted por- tion of this section inoperative. ACT MARCH 3, 1891, c. 517, 8 1. Additional circuit judge for each circuit. Be it enacted, &c., That there shall be appointed by the President of the United States, by and with the advice and consent of the Senate, in each circuit an additional circuit judge, who shall have the same qualifications, and shall have the same power and juris- diction therein that the circuit judges of the United States, within their respective circuits, now have under existing laws, and who shall be entitled to the same compensation as the circuit judges of the United States in their respective circuits now have. Act March 3, 1891, c. 517, § 1, 26 Stat. 826. The other sections of this act, relating to the circuit courts of ap- peals, are set forth under chapter 8 A of this Title. ACT JULY 23, 1894, c. 147. An Act Providing an Additional Circuit Judge in the Eighth Ju- dicial Circuit. (28 Stat. 115.) Additional circuit judge for eighth circuit. Be it enacted, &c., That there shall be in the eighth judicial cir- cuit an additional circuit judge, who shall be appointed by the Presi- dent, by and with the advice and consent of the Senate, and shall possess the same qualifications and shall have the same powers and jurisdiction now prescribed by law in respect to the present circuit judges. Act July 23, 1894, c. 147, 28 Stat. 115. ACT FEB. 8, 1895, c. 59. An Act Providing for an Additional Circuit Judge in the Seventh Judicial Circuit, and for Other Purposes. (28 Stat. 643.) Additional circuit judge for seventh circuit. Be it enacted, &c., That there shall be in the seventh judicial cir- cuit an additional circuit judge, who shall be appointed by the Presi- dent, by and with the advice and consent of the Senate, and shall possess the same qualifications and have the same power and juris- diction now prescribed by law in respect to the present circuit judges therein. Act Feb. 8, 1893, c. 59, 28 Stat. 643. Secs. 607-608) 489 Tit. 13--THE JUDICIARY —Ch. 6. ACT FEB. 18, 1895, c. 94. An Act Providing an Additional Circuit Judge in the Ninth Ju- dicial Circuit. (28 Stat. 665.) Additional circuit judge for ninth circuit. Be it enacted, &c., That there shall be in the ninth judicial circuit an additional circuit judge, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall possess the same qualifications and have the same power and jurisdiction now prescribed by law in respect to the present circuit judges therein. Act Feb. 18, 1895, c. 94, 28 Stat. 665. ACT JAN. 25, 1899, c. 56. An Act Providing for Additional Circuit Judges in the Fifth and Sixth Judicial Circuits. (30 Stat. 803.) Additional circuit judges for fifth and sixth circuits. Be it enacted, &c., That there shall be in the fifth and sixth judicial circuits each an additional circuit judge, who shall be appointed by the President, by and with the advice and consent of the Senate, and each of said judges shall possess the same qualifications and shall have the same powers and jurisdiction now prescribed by law in respect to the present circuit judges. Act Jan. 25, 1899, c. 56, 30 Stat. 803. ACT FEB. 23, 1899, c. 186. An Act Providing an Additional Circuit Judge in the Third Ju- dicial Circuit. (30 Stat. 846.) Additional circuit judge for third circuit. Be it enacted, &c., That there shall be in the third judicial circuit an additional circuit judge, who shall be appointed by the President of the United States, by and with the advice and consent of the Senate, and who shall possess the same qualifications and shall have the same powers and jurisdiction now prescribed by law in respect to the present circuit judge, and who shall be entitled to the same compensation. Act Feb. 23, 1899, c. 186, 30 Stat. 846. Sec. 608. Circuit courts; where established. Circuit courts are established as follows: One for the three dis- tricts of Alabama, one for the eastern district of Arkansas, one for the southern district of Mississippi, and one for each district in the States not herein named; and shall be called the circuit courts for the districts for which they are established. Act Sept. 24, 1789, c. 20, $ 4, 1 Stat. 74. Ala., Act March 3, 1873, c. 223, 88 2, 4, 17 Stat. 484, 485. Ark., Act March 3, 1837, c. 34, § 3, 5 Stat. 177. Act March 3, 1851, c. 24, &$ 1, 3, 9 Stat. 594, 595. Act Feb. 19, 1869, c. 34, 15 Stat. 271. Act March 3, 1871, c. 106, § 5, 16 Stat. 472. Cal., Or., Act March 3, 1863, c. 100, $ 2, 12 Stat. 794. Fla., Minn, 490 (Sec. 608 Tit. 13– THE JUDICIARY —Ch. 6. Act July 15, 1862, c. 178, § 2, 12 Stat. 576. Ga., Act Aug. 11, 1848, c. 151, $$ 4, 5, 8, 9 Stat. 280, 281. Act June 4, 1872, c. 284, § 1, 17 Stat. 218. Ill., Act Feb. 19, 1835, c. 96, § 2, 10 Stat. 606. Ind., Iowa, Kans., Act March 3, 1837, c. 34, § 3, 5 Stat. 177. Ky., Act Feb. 24, 1807, c. 16, § 2, 2 Stat. 420. La., Act March 3, 1837, c. 34, § 3, 5 Stat. 177. Act July 27, 1866, c. 280, § 1, 14 Stat. 300. Mich., Act Feb. 24, 1863, c. 54, § 2, 12 Stat. 661. Miss., so. dist., Act March 3, 1837, c. 34, $ 2,5 Stat. 177. Act June 18, 1838, c. 115, § 1, 15 Stat. 217. Act Feb. 16, 1839, c. 27, $$ 1, 2, 5 Stat. 317. MO., Act March 3, 1857, c. 100, S 10, 11 Stat. 198. Act June 8, 1872, c. 334, 17 Stat. 282. Act Feb. 25, 1873, c. 200, 17 Stat. 476. Neb., Act March 25, 1867, c. 7, § 2, 15 Stat. 5. Nev., Act Feb. 27, 1865, c. 64, § 2, 13 Stat. 440. N. Y., Act April 9, 1814, c. 49, $ 3, 3 Stat. 121. Act Feb. 25, 1865, c. 54, § 1, 13 Stat. 438. N. C., Act June 4, 1790, c. 17, § 1, 1 Stat. 126. Ohio, Act Feb. 10, 1855, c. 73, § 2, 10 Stat. 604. Pa., Act April 20, 1818, c. 108, $ 4, 3 Stat. 462. Act March 3, 1837, c. 34, § 2, 5 Stat. 177. R. I., Act June 23, 1790, c. 21, § 1, 1 Stat. 128. Tenn., Act Feb. 24, 1807, c. 16, $ 2, 2 Stat. 420. Act Jan. 18, 1839, c. 3, § 1, 5 Stat. 313. Act June 25, 1868, c. 79, § 1, 15 Stat. 580. Tex., Act July 15, 1862, c. 178, § 2, 12 Stat. 576. Vt., Act March 2, 1791, c. 12, § 3, 1 Stat. 197. Va., Act Feb. 3, 1871, c. 35, $$ 2, 3, 16 Stat. 403. W. Va., Act March 3, 1837, c. 34, $ 2, 5 Stat. 177. Act June 11, 1864, c. 120, § 1, 13 Stat. 124. Res. No. 90, July 27, 1866, 14 Stat. 369. Wis., Act June 29, 1870, c. 175, $$ 1, 2, 3, 16 Stat. 17. The provisions of this section relating to circuit courts for Alabama, Arkansas, and Mississippi are practically superseded by Act June 22, 1874, c. 401, and Act Feb. 6, 1889, c. 113, set forth below. For legislation dealing with the creation of judicial districts, see chapter 1 of this Title. ACT JUNE 22, 1874, c. 401. An Act Relating to Circuit Courts of the United States for the Districts of Alabama. (18 (18 Stat. 195.) Circuit courts for northern and middle districts of Alabama. Be it enacted, &c., That there shall be, and is hereby, established a circuit court of the United States for the middle district of Ala- bama, as said district is now constituted by law, to be held in the city of Montgomery, and a like court for the northern district of Alabama, as said district is now constituted by law, to be held in the city of Huntsville. Act June 22, 1874, c. 401, § 1, 18 Stat. 195. Subsequent provisions changing the boundaries of the districts of Alabama, as established by Rev. St. § 532, and appointing terms of the courts therein, are set forth under that section. Powers and jurisdiction of circuit courts for northern and middle dis- tricts of Alabama. Sec. 2. That said circuit courts shall have and exercise, within their respective districts, the same original powers and jurisdiction as are or may be conferred by law upon the circuit court of the United States for the southern district of Alabama at Mobile. [Part of section omitted repealed. Act March 3, 1891, C. 517, § 4, and Act July 1, 1898, c. 541.] Act June 22, 1874, c. 401, § 2, 18 Stat. 195. The portion of this section omitted provided that the circuit courts for the middle and northern districts of Alabama should exercise ap- pellate and revisory jurisdiction over the decrees and judgments of the * * Sec. 608) 491 Tit. . 13— THE JUDICIARY —Ch. 6. district courts for the middle and northern districts of Alabama, re- spectively, “under the laws of the United States regulating the jurisdic- tion, powers, and practice of the circuit courts, and the judges thereof, in cases removed into said courts by appeal or writ of error”; and further that said courts should have general superintendence and juris- diction over all cases and questions arising in said district courts, re- spectively, under Act March 2, 1867 (Bankruptcy Act) $ 2. The pro- vision relating to the general appellate jurisdiction was repealed by Act March 3, 1891, c. 517, § 4, which abolishes the appellate juris- diction of all circuit courts, post, chapter 8 A of this Title. The pro- vision relating to supervisory jurisdiction in bankruptcy was repealed by the provisions of the bankruptcy act of 1898, Act July 1, 1898, c. 541, post, under Title LXI, “Bankruptcy." Clerks, marshals, and district attorneys for northern and middle dis- tricts of Alabama. Sec. 3. That there shall be appointed for each of said circuit courts for said middle and northern districts, by the circuit judge of the circuit, a clerk who shall take the oath and give the bond required by law of clerks of circuit courts, and who shall discharge all the duties and be entitled to all the fees and emoluments prescribed by law for clerks of circuit courts; and the United States marshals for said middle and northern districts shall, respectively, act as marshals for said circuit courts, and the United States district attorney for said districts shall discharge the duties of district attorney in said circuit courts for said middle and northern districts. Act June 22, 1874, c. 401, § 3, 18 Stat. 195. Sec. 4. [Relates to transfer of records.] Circuit court for southern district of Alabama; repeal. Sec. 5. That the circuit court of the United States held at Mobile, Alabama, shall be designated and known as the circuit court of the United States for the southern district of Alabama; [Part of section omitted repealed. Act July 1, 1898, c. 541.] And that the fourth section of the act approved March third, eighteen hundred and seventy-three, entitled, “An act relating to the circuit and district courts of the United States for the middle and northern districts of Alabama” be, and the same is hereby re- pealed. Act June 22, 1874, c. 401, § 5, 18 Stat. 195. The portion of this section omitted restricted the appellate and re- visory power of the circuit court, under Bankruptcy Act March 2, 1867, $ 2, which is superseded by the provisions of Bankruptcy Act of 1898, post, Title LXI, "Bankruptcy." The act repealed by the concluding portion of this section is incor- porated in Rev. St. $ 634. Sec. 6. [Relates to terms of courts.] This section relating to terms of the courts for the several districts of Alabama is set forth ante, under Rev. St. § 532. Repeal. Sec. 7. That the fifth section of the act approved February twenty- second, eighteen hundred and thirty-eight entitled, “An act to abolish the circuit court at Huntsville in the State of Alabama and for other plirposes” and the act approved August fourth, eighteen hundred * * 492 (Sec. 608 Tit. 13—THE JUDICIARY —Ch. 6. and forty-two, entitled “An act to “An act to regulate appeals and writs of error from the district court of the United States for the northern district of Alabama" be and the same are hereby, repealed. Act June 22, 1874, c. 401, § 7, 18 Stat. 195. The provisions referred to in this section, Act Feb. 22, 1838, c. 12, § 5, and Act Aug. 4, 1842, c. 123, were not incorporated into the Re- vised Statutes, having been superseded by Act March 3, 1873, c. 223, incorporated into Rev. St. $$ 608, 634, which repealed all acts or parts of acts vesting the district courts for the middle and northern districts of Alabama with the powers and jurisdiction of a circuit court, and conferred on the circuit court for the district of Alabama appellate and supervisory jurisdiction over the decrees and judgments of the district courts for the middle and northern districts of Ala- bama. Repeal. Sec. 8. That all laws and parts of laws, inconsistent with the pro- visions of this act, be and the same are hereby repealed. Act June 22, 1874, c. 401, § 8, 18 Stat. 196. ACT FEB. 6, 1889, c. 113. An Act to Abolish Circuit Court Powers of Certain District Courts of the United States and to Provide for Writs of Error in Capital Cases, and for Other Purposes. (25 Stat. 655.) Circuit courts for western district of Arkansas, northern district of Mississippi, and western district of South Carolina; courts in said circuits and in West Virginia. Be it enacted, &c., That there shall be, and is hereby, established a circuit court of the United States in and for the western district of Arkansas, for the northern district of Mississippi, and for the western district of South Carolina, respectively, as the said districts are now constituted by law. And terms of said circuit courts, re- spectively, shall be held at the times and places now provided by law for the holding of the district courts in said districts, respectively, and terms of the circuit court shall be held also at Helena, in the castern district of Arkansas, at the same times the district court is now required by law to be held; and also at the times and places in West Virginia, where the district court is now provided by law to be held. Act Feb. 6, 1889, c. 113, § 1, 25 Stat. 655. Subsequent provisions relating to terms of the district and circuit courts in particular districts are set forth, ante, chapters 1 and 4 of this Title, and post, chapter 8 of this Title. Jurisdiction of circuit courts for western district of Arkansas, north- ern district of Mississippi, western district of South Carolina, and district of West Virginia. Sec. 2. That said circuit courts, respectively, shall have and exer- cise, within their respective districts, the same original and appellate jurisdiction as is or may be conferred by law upon the other circuit courts of the United States; [Part of section omitted relates to pending causes.] Act Feb. 6, 1889, c. 113, § 2, 25 Stat. 655. * * Sec. 608) Tit. 13— THE JUDICIARY —Ch. 6. 493 Clerks, marshals, and district attorneys for circuit courts in western district of Arkansas, northern district of Mississippi, western district of South Carolina, and district of West Virginia. Sec. 3. That there shall be appointed for each of said circuits . courts in this act mentioned, by the circuit court judge of the cir- cuit in which said districts are respectively embraced, a clerk, who shall take the oath and give the bond required by law for clerks of circuit courts, who shall discharge all the duties and be entitled to all the fees and emoluments prescribed by general law. And the marshals of the United States in and for said respective districts shall act as marshals of said circuit courts, and the district attor- neys of the United States in and for said respective districts shall * discharge the duties of district attorneys in said circuit courts. [Part of section omitted relates to clerks of all circuit courts.] Act Feb. 6, 1889, c. 113, § 3, 25 Stat. 655. The portion of this section omitted here relates to the appointment of clerks of all circuit courts, and is set forth post, under Rev. St. § 619. Provisions relating to the oath, bonds, duties, and fees of the clerks of the district and circuit courts are contained in Rev. St. $$ 794-799, and other statutes collected under chapter 14 of this Title. Provisions relating to marshals and district attorneys are also set forth under chapter 14 of this Title, Rev. St. $$ 767-793. Sec. 4. [Relates to pending causes.] Repeal. Sec. 5. That the provisions of the act entitled "An act to amend sections five hundred and thirty-three, five hundred and fifty-six, five hundred and seventy-one, and five hundred and seventy-two of the Revised Statutes of the United States relating to courts in Arkan- sas and other States," approved January thirty-first, eighteen hun- dred and seventy-seven, conferring upon the district courts named therein circuit court powers; and section five hundred and seventy- one of the Revised Statutes of the United States, as amended by said last mentioned act, and all provisions of law inconsistent with any of the provisions of this act be, and the same are hereby, re- pealed. Act Feb. 6, 1889, c. 113, § 5, 25 Stat. 656. The effect of the repeal by this section of previous provisions is stated in the note under Rev. St. & 571, repealed thereby. Sec. 6. [Relates to review by Supreme Court of convictions of crime, punishable by death, in any court of the United States.] This section, authorizing the review by the Supreme Court, on writ of error, of convictions of crime punishable by death, tried before any court of the United States, and prescribing the proceedings for and the effect of such writs, and the proceedings on the decision thereof, is set forth post, following Rev. St. § 699. Time of taking effect of act. Sec. 7. That this act shall take effect and be in force from and after the first day of May, anno Domini eighteen hundred and eighty-nine. Act Feb. 6, 1889, c. 113, § 7, 25 Stat. 656. 494 (Secs. 609-614 Tit. 13—THE JUDICIARY —Ch. 6. Sec. 609. Circuit courts; by whom to be held. Circuit courts shall be held by the circuit justice, or by the circuit judge of the circuit, or by the district judge of the district sitting alone, or by any two of the said judges sitting together. Act April 10, 1869, c. 22, § 2, 16 Stat. 44. Sec. 610. Justices of Supreme Court to attend once in every two years. It shall be the duty of the Chief Justice, and of each justice of the Supreme Court, to attend at least one term of the circuit court in each district of the circuit to which he is allotted during every period of two years. Act April 10, 1869, c. 22, § 4, 16 Stat. 45. Sec. 611. Judges of circuit courts may sit apart. Cases may be heard and tried by each of the judges holding a circuit court sitting apart by direction of the presiding justice or judge, who shall designate the business to be done by each. Act April 10, 1869, c. 22, § 2, 16 Stat. 44. Sec. 612. Circuit courts held at same time in different districts. Circuit courts may be held at the same time in the different dis- tricts of the same circuit. Act April 10, 1869, c. 22, § 2, 16 Stat. 44. Sec. 613. Criminal terms in the southern district of New York; how held. The terms of the circuit court for the southern district of New York, appointed exclusively for the trial and disposal of criminal business, may be held by the circuit judge of the second judicial court and the district judges for the southern and eastern districts of New York, or any one of said three judges; and at every such term held by said judge of said eastern district he shall receive the sum of three hundred dollars, the same to be paid in the manner low prescribed by law for the payment of the expenses of another district judge while holding court in said district. Act Feb. 7, 1873, c. 120, $ 2, 17 Stat. 422. Sec. 614. [Superseded. Act March 3, 1891, C. 517, § 4.] This section related to district judges sitting in the circuit courts in cases of appeal or error from their own decisions. It is rendered inoperative by the provisions that no appeal, etc., shall be taken from Secs. 615-617) 495 Tit. 13– THE JUDICIARY —Ch. 6. any district court to the circuit courts, and no appellate jurisdiction shall be exercised by the circuit courts, contained in the act establish- ing the circuit courts of appeals, Act March 3, 1891, c. 517, § 4, post, under chapter 8 A of this Title. Sec. 615. When suits transferred from one circuit to another. When it appears in any civil suit in any circuit court that all of the judges thereof who are competent by law to try said case are in any way interested therein, or have been of counsel for either party, or are so related or connected with either party as to render it, in che opinion of the court, improper for them to sit in such trial, it shall be the duty of the court, on the application of either party, to cause the fact to be entered on the records, and to make an order that an authenticated copy thereof, with all the proceedings in the case, shall be forthwith certified to the most convenient circuit court in the next adjoining State or in the next adjoining circuit; and said court shall, upon the filing of such record and order with its clerk, take cognizance of and proceed to hear and determine the case, in the same manner as if it had been rightfully and originally commenced therein; and the proper process for the due execution of the judgment or decree rendered in the cause shall run into and may be executed in the district where such judgment or decree was rendered, and also into the district from which the cause was re- moved. Act Feb. 28, 1839, c. 36, § 8, 5 Stat. 322. Act March 3, 1863, c. 93, § 2, 12 Stat. 768. Sec. 616. Cause certified back. The circuit justice, or the circuit judge of any circuit, may order any civil cause, which is certified into any court of the circuit under the provisions of the preceding section, to be certified back to the court whence it came; and then the latter shall proceed therein as if the cause had not been certified from it: Provided, That if, for any reason, it shall be improper for the judges of such court to try the cause so certified back, it shall be tried by some other judge - holding such court, pursuant to the provisions of the next section. Act March 3, 1863, c. 93, § 2, 12 Stat. 768. Act Feb. 28, 1839, c. 36, § 8, 5 Stat. 322. Act April 10, 1869, c. 22, & 2, 16 Stat. 44. Sec. 617. Justices may hold courts of other circuits on request. Whenever a circuit justice deems it advisable, on account of his disability or absence, or of his having been of counsel, or being in- terested in any case pending in the circuit court for any district in his circuit, or of the accumulation of business therein, or for any other cause, that said court shall be held by the justice of any other circuit, he may, in writing, request the justice of any other circuit to hold the same, during a time to be named in the request; and 496 (Secs. 618-619 Tit. 13— THE JUDICIARY --Ch. 6. such request shall be entered upon the journal of the circuit court so to be holden. Thereupon it shall be lawful for the justice so requested to hold such court, and to exercise within and for said district, during the time named in said request, all the powers of the justice of such circuit. Act March 3, 1863, c. 93, § 1, 12 Stat. 768. Sec. 618. When no justice is allotted to a circuit. Whenever, by reason of death or resignation, no justice is allotted to a circuit, the Chief Justice of the Supreme Court may make a request as provided in the preceding section, which shall have effect in like manner until a justice is allotted to such circuit. Act March 3, 1863, c. 93, $$ 2, 3, 12 Stat. 768. Sec. 619. Clerks. A clerk shall be appointed for each circuit court by the circuit judge of the circuit, except in cases otherwise provided for by law. Act Sept. 24, 1789, c. 20, § 7, 1 Stat. 76. Act April 10, 1869, c. 22, & 2, 16 Stat. 45. Many subsequent statutes establishing judicial districts in addition to those defined in chapter 1 of this Title, and subdividing the districts into divisions, contain provisions for the appointment of clerks and deputy clerks of the circuit courts for such districts and divisions, their powers, duties, compensation, etc., inseparably connected with the provisions relating to the districts or the divisions therein. Such statutes relating to particular districts, therefore, are set forth in full in chapter 1 of this Title, under the names of the States in alpha- betical order. The several acts since the Revised Statutes admitting new States into the Union constitute each State a judicial district, and assign such district to one of the circuits, and provide for holding courts therefor, and for the appointment of clerks of such courts. But these provisions are superseded by later statutes relating to such districts, or the divisions therein, which are set forth in chapter 1 of this Title, as already stated. A clerk for each of the circuit courts created for the northern and middle districts of Alabama is provided for by Act June 22, 1874, c. 401, $ 3, ante, under Rev. St. $ 608. And a clerk for each of the cir- cuit courts for the western district of Arkansas, the northern district of South Carolina, and the district of West Virginia, is provided for by Act Feb. 6, 1889, c. 113, § 3, also set forth ante, under Rev. St. $ 608. The concluding portion of the same section, set forth below, provides that all clerks shall be appointed by the circuit judges of the respective circuits in which such circuit courts are or may be estab- lished. This supersedes Rev. St. § 619, as to the manner of appoint- ment, leaving its provisions, however, as the authority for the appoint- ment. Every clerk of the circuit court is required to reside permanently in the district, and give his personal attention to the duties of his office. On his failure to do so, the office is to be deemed vacant. Act June 20, 1874, c. 328, § 2, post, following Rev. St. 8 799. Willful failure or neglect by a clerk to make or to forward any report, statement, etc., required by law, is ground for his removal from office, and punishable as a misdemeanor, by Act Feb. 22, 1875, c. 95, 88 5, 6, post, following Rev. St. $ 798. Secs. 619-622) 497 Tit. 13— THE JUDICIARY —Ch. 6. ACT FEB. 6, 1889, c. 113, $ 3. Clerks; by whom appointed. Hereafter all appointments of clerks of circuit courts of the United States shall be made by the circuit judges of the respective circuits in which such circuit courts are or may be hereafter established; and all provisions of law inconsistent herewith are hereby repealed. Act Feb. 6, 1889, c. 113, $ 3, 25 Stat. 655. This provision is the concluding portion of section 3 of the act. The other provisions of the section, relating to the appointment of clerks, marshals, and district attorneys for the circuit courts estab- lished by section 1 of the act, are set forth ante, under Rev. St. $ 608. Special provisions relating to clerks of circuit courts in particular districts are contained in Rev. St. $$ 620–623. And special provisions for the appointment and removal of clerks in the ninth circuit are made by Act March 3, 1893, c. 211, § 1, set forth below. ACT MARCH 3, 1893, c. 211, $ 1. Clerk for ninth circuit; appointment and removal. * * That in the ninth circuit of the United States a circuit judge may appoint or remove the clerk of the Circuit Court for the district in which the Circuit Judge resides. In all other cases clerks of such courts shall be appointed as provided for by existing laws. Act March 3, 1893, c. 211, § 1, 27 Stat. 714. This is a provision of the legislative, executive, and judicial appro- priation act for the year ending June 30, 1894, cited above. Sec. 620. Clerks in Kentucky. In the district of Kentucky, a clerk of the circuit court shall be appointed at each place of holding the court, in the same manner and subject to the same duties and responsibilities which are or may be provided for clerks in independent districts. Act May 15, 1862, c. 71, § 7, 12 Stat. 387. Act April 10, 1869, c. 22, & 3, 16 Stat. 45. The State of Kentucky is divided into two judicial districts, and circuit courts and clerks thereof in each district are provided for by Act Feb. 12, 1901, c. 355, ante, following Rev. St. § 537. Sec. 621. Clerks in North Carolina. In the western district of North Carolina the circuit and district judges shall appoint three clerks, each of whom shall be clerks both of the circuit and district courts for said western district of North Carolina. One shall reside and keep his office at Statesville, one shall reside and keep his office at Asheville, and the third shall re- side and keep his office at Greensborough. Act June 4, 1872, c. 282, $ 9, 17 Stat. 217. Sec. 622. Clerks in western district of Virginia. In the western district of Virginia the circuit and district judges LAWS '01-32 498 (Secs. 623-625 Tit. 13—THE JUDICIARY —Ch. 6. shall appoint four clerks, each of whom shall be clerks both of the circuit and district courts for said district. One of these clerks shall reside and keep his office at Lynchburgh, another shall reside and keep his office at Abingdon, another shall reside and keep his office at Danville, and the fourth shall reside and keep his office at Har- risonburgh, in said district. Act Feb. 3, 1871, c. 35, § 9, 16 Stat. 404. Sec. 623. Clerks in western district of Wisconsin. In the western district of Wisconsin the circuit and district judges shall appoint two clerks, each of whom shall be clerks both of the circuit and district courts for said district. One shall reside and keep his office at Madison, and the other shall reside and keep his office at La Crosse. Act June 29, 1870, c. 175, § 9, 16 Stat. 172. Sec. 624. Deputy clerks. One or more deputies of any clerk of a circuit court may be ap- pointed by such court, on the application of the clerk, and may be removed at the pleasure of judges authorized to make the appoint- ment. , In case of the death of the clerk, his deputy or deputies shall, unless removed, continue in office, and perform the duties of the clerk in his name until a clerk is appointed and qualified; and for the defaults or misfeasances in office of any such deputy, whether in the lifetime of the clerk or after his death, the clerk, and his es- tate, and the sureties in his official bond shall be liable; and his executor or adıninistrator shall have such remedy for any such de- faults or misfeasances committed after his death as the clerk would be entitled to if the same had occurred in his lifetime. Act June 8, 1872, c. 336, 17 Stat. 330. See note under Rev. St. § 619, as to special provisions for appoint- ment of deputy clerks, contained in statutes establishing new dis- tricts or subdividing districts into divisions. Sec. 625. Deputy clerks of circuit court in Indiana. In the district of Indiana a deputy clerk of the circuit court must be appointed for said court held at New Albany, and a deputy clerk for said court held at Evansville, who shall reside and keep their offices at said places respectively. Each deputy shall keep in his office full records of all actions and proceedings in the circuit court held at the same place, and shall have the same power to issue all process from the said court that is or may be given to the clerks of other circuit courts in like cases. Act June 30, 1870, c. 180, $8 1, 7, 16 Stat. 175. Act March 3, 1871, c. 108, § 1, 16 Stat. 473. Similar provisions relating to deputy clerks at Fort Wayne and at Secs. 626-627) 499 Tit. 13— THE JUDICIARY — Ch. 6. Hammond, respectively, are contained in Act March 3, 1881, c. 154, $ 2, and Act Feb. 14, 1899, c. 155, $ 2, following Rev. St. $ 536. Sec. 626. Compensation of deputy clerks. The compensations of deputies of clerks of the circuit courts shall be paid by the clerks, respectively, and allowed, in the same manner that other expenses of the clerks' offices are paid and allowed. Act June 8, 1872, c. 336, 17 Stat. 330. The fees and compensation of clerks and payment of their expenses are regulated by Rev. St. $8 828, 833, 844-846, and subsequent pro- visions collected under those sections. Sec. 627. [Superseded. Act May 28, 1896, c. 252, $ 19.] This section provided for the appointment of commissioners of the circuit courts. It is superseded by the provisions abolishing that of- fice, and authorizing the appointment of United States commissioners, contained in Act May 28, 1896, c. 252, $ 19, set forth below. ACT MAY 28, 1896, c. 252, § 19. [As amended 1901.] Office of circuit court commissioners abolished; United States com- missioners, appointment, qualifications, tenure, powers, and du- ties. That the terms of office of all commissioners of the circuit courts heretofore appointed shall expire on the thirtieth day of June, eight- een hundred and ninety-seven; and such office shall on that day cease to exist. * [Part of section omitted relates to deposit of records and official papers, and the disposition of pending proceed- ings.] It shall be the duty of the district court of each judicial district to appoint such number of persons, to be known as United States commissioners, at such places in the district as may be des- ignated by the district court, which United States commissioners shall have the same powers and perform the same duties as are now imposed upon commissioners of the circuit courts. The ap- pointment of such United States commissioners shall be entered of record in the district courts, and notice thereof at once given by the clerk to the Attorney General. That such United States com- missioners shall hold their offices, respectively, for the term of four years, but they shall be at any time subject to removal by the dis- trict court; and no person shall at any time be a clerk or deputy clerk of a United States court and a United States commissioner without the approval of the Attorney General: Provided, that all acts and parts of acts applicable to commissioners of the circuit courts, except as to appointment and fees, shall be applicable to United States commissioners appointed under this Act. * [Part of section omitted relates to warrants of arrest for violation of in- ternal revenue laws.] That United States commissioners and all * 500 (Sec. 627 Tit. 13— THE JUDICIARY –Ch. 6. clerks and all deputy clerks of United States courts are hereby au- thorized to administer oaths. Act May 28, 1896, c. 252, § 19, 29 Stat. 184. Act March 2, 1901, c. 514, § 1, 31 Stat. 956. Section 19 of Act May 28, 1896, c. 252, set forth here, and section 20 of the same act, under Rev. St. 8 628, with other sections relating to district attorneys, marshals, and clerks, under chapter 14 of this title, are added to the usual appropriations for legislative, executive, and judicial expenses contained in the act. These sections supersede the provisions of Rev. St. 88 627, 628, relating to the commissioners of the circuit courts. Section 21 of the same act, providing for the fees to which United States commissioners shall be entitled, is set forth under Rev. St., $ 847. Section 24 of the act excludes the Indian Territory and the Terri- tory of Alaska from the operation of the provisions of sections 6 to 26, inclusive. Act Feb. 19, 1897, c. 265, § 1, par. 17, amends said sec- tion 24 by making the provisions of the act applicable to the Indian Ter- ritory, with the exception of sections 19, 21, and 22, so that the Indian Territory and the Territory of Alaska, in so far as the abolition of the office of Circuit Court commissioners and the substitution therefor of the office of United States Commissioners is concerned, do not come within the provisions of section 19. The amendment of this section by Act March 2, 1901, c. 814, § 1. consists in the insertion in the last sentence, after the words "all clerks," of the words, "and all deputy clerks.” The portions of this section omitted here provide: First, that the cir- cuit court commissioners shall deposit all records and other official papers appertaining to their offices in the office of the clerk of the circuit court by which they were appointed, and that all proceedings pending, return- able, unexecuted, or unfinished at the date of the abolition of the of- fice before any commissioner shall be continued and disposed of ac- cording to law by the United States commissioners appointed by the same section; second, the United States commissioners are authorized to issue warrants of arrest for violation of internal revenue laws. This latter part of the section is set forth under Rev. St. $ 1014. In United States v. Allred, 155 U. S. 591, 15 Sup. Ct. 231, 39 L. Ed. 273, the court summarized the duties of the circuit court com- missioners to be generally as follows: "To issue warrants for offenses against the United States; to cause the offenders to be arrested and imprisoned, or bailed for trial, and to order the removal of offenders to other districts (Rev. St. $ 1014); to hold to security of the peace and for good behavior (Rev. St. $ 727); to carry into effect the award or arbitration or decree of any consul of any foreign nation; to sit as judge or arbitrator in such differences as may arise between the captains and crews of any vessels belonging to the nations whose interests are committed to his charge; and to enforce obedience by im- prisonment until such award, arbitration, or decree is complied with (Rev. St. $ 728); to take bail and affidavits in civil causes (Rev. St. § 945); to discharge poor convicts imprisoned for nonpayment of fines (Rev. St. § 1042); to take oaths and acknowledgments (Rev. St. $ 1778); to institute prosecutions under the laws relating to crimes against the elective franchise and civil rights of citizens, and to ap- point persons to execute warrants thereunder (Rev. St. $8 1982-1985); to issue search warrants authorizing internal revenue officers to search premises where a fraud upon the revenue has been committed (Rev. St. $ 3462); to issue warrants for deserting foreign seamen (Rev. St. $ 5280); to summon masters of vessels to appear before him and show cause why process should not issue against such vessel (Rev. St. $ 4546); to issue warrants for and examine persons charged with being fugitives from justice (Rev. St. 88 5270, 5271); and to take testimony and proofs of debt in bankruptcy proceedings (Rev. St. $$ 5003, 5076).” Sec. 628) 501 Tit. 13— THE JUDICIARY –Ch.7. Sec. 628. [Superseded. Act May 28, 1896, c. 252, § 20.] This section provided that no marshal or deputy marshal should hold or exercise the duties of commissioner of any circuit court. It is su- perseded by the provisions of Act May 28, 1896, c. 252, § 20, relating to United States commissioners, set forth below. ACT MAY 28, 1896, c. 252, $ 20. , Officers who may not be United States commissioners or receivers. That no marshal or deputy marshal, attorney or assistant at- torney of any district, jury commissioner, clerk of marshal, no bail- iff, crier, juror, janitor of any Government building, nor any civil or military employee of the Government, except as in this Act pro- vided, and no clerk or employee of any United States justice or judge shall have, hold, or exercise the duties of the United States commissioner. And it shall not be lawful to appoint any of the officers named in this section receiver, or receivers in any case or cases now pending or that may be hereafter brought in the courts of the United States. Act May 28, 1896, c. 252, $ 20, 29 Stat. 184. See note under section 19 of the same act, following Rev. St. $ 628. CHAPTER SEVEN. Circuit Courts-Jurisdiction. Sec. Sec. 629. Jurisdiction. 1. [Superseded.] 2. Suits in equity by the Unit- ed States. 3. Suits at common law by United States or officers. 4. Suits under import, internal revenue, and postal laws. 5. Suits for the enforcement of penalties. 6. Condemnation of property used for insurrectionary 13. Suits to recover offices. 14. Suits for removal of offi- cers holding contrary to fourteenth amendment. 15. Suits for penalties under laws to enforce elective franchise. 16. Suits to redress deprivation of rights secured by the Constitution and laws to persons within jurisdiction purposes. 7. Suits under slave-trade laws. 8. Suits on debentures. 9. Patent and copyright suits. 10. Suits against national banks. 11. Suits to enjoin the Comp- troller of the Currency. 12. Suits for injuries on ac- count of acts done under laws of the United States. of United States. 17. Suits on account of injuries by conspirators in certain cases. 18. Suits against persons having knowledge of conspiracy, etc. 19. Suits against officers and owners of vessels. 20. [Superseded.] 502 Tit. 13—THE JUDICIARY —Ch. 7. Sec. Act March 3, 1875, c. 137. 1. Civil suits arising under Consti- tution or laws of United States, etc., or between citizens of dif- ferent States, etc.; and crimes and offenses. 2. Removal of causes from State courts. 3. Proceedings for removal of causes. 4. Attachments, etc., bonds, etc., in- junctions and orders, etc., in causes removed, to remain valid and in force. 5. Dismissal or remand of suit im- properly commenced in or re- moved to circuit court. 6. Proceedings in causes removed from State courts. 7. Filing of copy of record of cause removed from State court, and appearance in circuit court. 8. Proceedings to obtain jurisdiction of property of absent defend- ants. 9. Proceedings to take appeal or bring writ of error after death of party to judgment. 10. Repeal. Act March 3, 1887, c. 373. 1. [Amends Act March 3, 1875, C. 137, SS 1-3.] 2, 3. [Relate to receivers in any court.] 4. Jurisdiction of suits by or against national banks, as in cases be- tween individual citizens of same State. 5. Effect of act on existing provi- sions as to jurisdiction and re- moval of causes. 6. Repeal. 7. [Relates to appointments in any court.] Act May 17, 1898, c. 339. 1. Jurisdiction of suits for partition of lands of which the United States is one of the tenants in common or joint tenants. 2. Proceedings in suits for partition; purchase of lands by United States. 630. In bankruptcy. Sec. 631-633. [Superseded.] 634. [Repealed.] 635. [Superseded.] 636. [Superseded.] 637. Jurisdiction of cases transferred from district courts on account of disability, etc. 638. Courts always open for certain purposes. 639. [Superseded.] 640. [Repealed.] 641. Removal of causes against per- sons denied any civil right, etc. 642. When petitioner is in actual cus- tody of State court. 643. Removal of suits and prosecutions against revenue officers (or per- sons acting or claiming under them.] 644. Removal of suits by aliens in a particular case. 645. When copies of records are re- fused by clerk of State court. 646. Attachments, injunctions, and in- demnity bonds to remain in force after removal. 647. Removal of suits where parties claim land under titles from different States. 648. Issues of fact, when to be tried by jury. 649. Issues of fact tried by the court. Act Feb. 16, 1875, c. 77. 1. Issues of fact in admiralty cases. 2. Issues of fact in equity in patent cases. 3. [Repealed.] 4. Time of taking effect of act. 650. Division of opinion in civil causes; decision by presiding judge. 651, 652. [Superseded.] 653. Business of the circuit court for the two districts of Missouri transferred, how. 654. Process issued out of former cir- cuit court for Missouri. 655. Transfer of cases between eastern and western districts [of Mis- souri.] 656. Custody of books, papers, etc., of circuit court of Missouri. 657. Circuit court for southern district of New York, how limited. Sec. 629) 503 Tit. 13— THE JUDICIARY —Ch. 7. * Sec. 629. [As amended 1875.] Jurisdiction. The circuit courts shall have original jurisdiction as follows: First. * [Part of section omitted superseded. Act March 3, 1875, C. 137, Act March 3, 1887, C. 373, and Act Aug. 13, 1888, c. 866.] Act Sept. 24, 1789, c. 20, § 11, 1 Stat. 78. This paragraph, which gave the circuit courts jurisdiction of suits of a civil nature, at common law or in equity, where the matter in dispute exceeded the sum or value of $500, and an alien was a party, or the suit was between a citizen of the state where it was brought and a citizen of another state, with a proviso relating to suits by assignees on promissory notes or other choses in action, is superseded by Act March 3, 1875, c. 137, which is set forth at the end of this section, as amended by Act March 3, 1887, c. 373, and Act Aug. 13, 1888, c. 866. Suits in equity by the United States. Second. Of all suits in equity, where the matter in dispute, ex- clusive of costs, exceeds the sum or value of five hundred dollars, and the United States are petitioners. Act Sept. 24, 1789, c. 20, $ 11, 1 Stat. 78. Provisions giving the circuit courts jurisdiction of suits in equity by a tenant in common or joint tenant for partition of lands, where the United States is one of the tenants in common or joint tenants, are contained in Act May 17, 1898, c. 339, § 1, post, at end of this section. Suits at common law by United States or officers. Third. Of all suits at common law where the United States, or any officer thereof suing under the authority of any act of Congress, are plaintiffs. Act Sept. 24, 1789, c. 20, $$ 9, 11, 1 Stat. 76, 78. Act March 3, 1815, c. 101, $ 4, 3 Stat. 245. The district courts, also, have concurrent jurisdiction of such suits, under Rev. St. § 563, par. 4. Suits under import, internal revenue, and postal laws. Fourth. Of all suits at law or in equity, arising under any act providing for revenue from imports or tonnage, except civil causes of admiralty and maritime jurisdiction, and seizures on land or on waters not within admiralty and maritime jurisdiction, and except suits for penalties and forfeitures; of all causes arising under any law providing internal revenue, and of all causes arising under the postal laws. Act March 2, 1833, c. 57, § 2, 4 Stat. 632. Act Sept. 24, 1789, c. 20, $ 9, 1 Stat. 76. Act July 13, 1866, c. 184, 88 9, 19, 14 Stat. 111, 145, 152. Act March 2, 1867, c. 169, 88 10, 25, 14 Stat. 475, 483. Act July 20, 1868, c. 186, § 106, 15 Stat. 167. Act June 30, 1864, c. 173, $$ 41, 179, 13 Stat. 239, 240, 305. Act March 3, 1865, c. 78, § 1, 13 Stat. 483. Act March 3, 1845, c. 43, $ 20,5 Stat. 739. The district courts have jurisdiction of all suits in equity to en- force the lien of the United States upon real estate for internal rev- enue taxes, by Rev. St. § 563, par. 5, and also of causes of action arising under the postal laws, by paragraph 7 of the same section. The districts in which taxes accruing under the internal revenue laws may be sued for are prescribed by Rev. St. $ 733. The districts in which suits may be brought for the recovery of 504 (Sec. 629 Tit. 13— THE JUDICIARY –Ch. 7. fines, penalties, and forfeitures accruing under the internal revenue laws are prescribed by Rev. St. § 3213. Suits for the enforcement of penalties. Fifth. Of all suits and proceedings for the enforcement of ariy penalties provided by laws regulating the carriage of passengers in merchant vessels. Act March 3, 1855, c. 213, & 15, 10 Stat. 720. The districts in which suits for the recovery of pecuniary penalties and forfeitures shall be brought are prescribed by Rev. St. $ 732. Regulations of transportation of passengers and merchandise in steam vessels are contained in Title LII, "Regulation of Steam-Vessels,” c. 2. Condemnation of property used for insurrectionary purposes. Sixth. Of all proceedings for the condemnation of property taken as prize, in pursuance of section fifty-three hundred and eight, Title "Insurrection." Açt Aug. 6, 1861, c. 60, § 2, 12 Stat. 319. District courts are given original and exclusive cognizance of all prizes, exrept as provided above, by Rev. St. § 563, par. 8, and also jurisdiction of proceedings for the condemnation of property as prizes, in pursuance of section 5308, by paragraph 9 of the same section. The districts in which proceedings for the condemnation of property captured as prizes may be instituted are prescribed by Rev. St. & 735. Suits under slave-trade laws. Seventh. Of all suits arising under any law relating to the slave- trade. Act March 22, 1794, c. 11, § 1, 1 Stat. 347. Act May 10, 1800, c. 51, $$ 1, 5, 2 Stat. 70, 71. Act March 2, 1807, c. 22, § 7, 2 Stat. 428. Act April 20, 1818, c. 91, $81, 2, 4, 7, 3 Stat. 450-452. Act March 3, 1819, c. 101, § 1, 3 Stat. 532. Suits on debentures. Eighth. Of all suits by the assignee of any debenture for draw- back of duties, issued under any law for the collection of duties against the person to whom such debenture was originally granted, or against any indorser thereof, to recover the amount of such debenture. Act March 2, 1799, c. 22, § 80, 1 Stat. 687. Suits on the debentures described in this paragraph are author- ized by Rev. St. § 3039. The district courts, also, have jurisdiction of such suits under Rev. St. § 563, par. 10. Patent and copyright suits. Ninth. Of all suits at law or in equity arising under the patent or copyright laws of the United States. Act July 8, 1870, c. 230, $8 55, 106, 16 Stat. 206, 215. Act Feb. 16, 1875, c. 77, § 2, 18 Stat. 314. Courts vested with jurisdiction of cases arising under the patent laws are empowered to grant injunctions to prevent the violation of rights secured by patents, and to estimate damages, by Rev. St. $ 4921; and similar provisions in relation to the violation of copyright laws are contained in Rev. St. § 4970. Act March 3, 1881, c. 138, § 7, set forth post, under title LX, "Patents, Trade Marks, and Copyrights,” c. 2, provides that the courts of the United States shall have jurisdiction of actions for damages against persons who shall reproduce, counterfeit, copy, or colorably Sec. 629) 505 Tit. 13— THE JUDICIARY –Ch. 7. imitate any trade-mark registered under the other provisions of the act, and affix the same to merchandise substantially similar to that described in the registration, irrespective of the amount in controversy. The circuit courts are empowered to issue and enforce injunctions to restrain infringement of copyrights of dramatic or musical com- positions, by Rev. St. $ 4966, as amended by Act Jan. 6, 1897, c. 4. The circuit courts are vested with jurisdiction to restrain the issuing, publishing, or selling of any articles bearing a false notice of copy- right, by Rev. St. § 4963, as amended by Act March 3, 1897, C. 392. The districts in which suits for infringement of patents may be brought are prescribed by Act March 3, 1897, c. 395, post, following Rev. St. § 742. Suits against national banks. Tenth. Of all suits by or against any banking association estab- lished in the district for which the court is held, under any law pro- viding for national banking associations. Act June 3, 1864, c. 106, $ 57, 13 Stat. 116. The district courts, also, had jurisdiction of such suits, under Rev. St. § 563, par. 15. By Act March 3, 1887, c. 373, and Act Aug. 13, 1888, c. 866, § 4, set forth below, national banks, for the purposes of all actions by or against them, are deemed to be citizens of the states in which they are respectively located, and in such cases the circuit and district courts have no jurisdiction other than such as they would have in cases between individual citizens of the same state. Suits to enjoin the Comptroller of the Currency. Eleventh. Of all suits brought by any banking association estab- lished in the district for which the court is held, under the pro- visions of Title "The National Banks,” to enjoin the Comptroller of the Currency, or any receiver acting under his direction, as pro- vided by said title. Act June 3, 1864, c. 106, $$ 50, 57, 13 Stat. 115, 116. Act Feb. 18, 1875, c. 80, 18 Stat. 318. This paragraph is amended by Act Feb. 18, 1875, c. 80, cited above, by striking out the words “or against,” after the words, “Of all suits brought by," at the beginning of the section. Proceedings by national banks to enjoin the Comptroller of the Currency, referred to in this section, are authorized by Rev. St. $ 5237. The district in which proceedings by national banks to enjoin the Comptroller of the Currency shall be had, is prescribed by Rev. St. § 736. Suits for injuries on account of acts done under laws of the United States. Twelfth. Of all suits brought by any person to recover damages for any injury to his person or property on account of any act done by him, under any law of the United States for the protection or collection of any of the revenues thereof, or to enforce the right of citizens of the United States to vote in the several States. Act March 2, 1833, c. 57, § 2, 4 Stat. 632. Act July 13, 1866, c. 184, 8 67, 14 Stat. 171. Act Feb. 28, 1871, c. 99, 815, 16 Stat. 438. Act May 31, 1870, c. 114, 16 Stat. 140. Suits to recover offices. Thirteenth. Of all suits to recover possession of any office, except 506 (Sec. 629 Tit. 13— THE JUDICIARY —Ch. 7. that of elector of President or Vice-President, Representative or Delegate in Congress, or member of a State legislature, authorized by law to be brought, wherein it appears that the sole question touch- ing the title to such office arises out of the denial of the right to vote to any citizen offering to vote, on account of race, color, or previous condition of servitude: Provided, That such jurisdiction shall extend only so far as to determine the rights of the parties to such office by reason of the denial of the right guaranteed by the Constitution of the United States, and secured by any law to en- force the right of citizens of the United States to vote in all the States. Act May 31, 1870, c. 114, $ 23, 16 Stat. 146. Suits to recover possession of office, described in this paragraph, were authorized by Rev. St. $ 2010. That section, also, contained a provision that the circuit or district courts should have, concurrently with the State courts, such jurisdiction thereof as this paragraph gives to the circuit courts. The district courts, also, had jurisdiction of such suits under Rev. St. $ 563, par. 13. But Rev. St. $ 2010 is repealed by Act Feb. 8, 1894, c. 25, post, under Title XXVI, “The Elec- tive Franchise." Suits for removal of officers holding contrary to fourteenth amend- ment. Fourteenth. Of all proceedings by the writ of quo warranto, prose- cuted by any district attorney, for the removal from office of any person holding office, except as a member of Congress or of a State legislature, contrary to the provisions of the third section of the fourteenth article of amendment of the Constitution of the United States. Act May 31, 1870, c. 114, § 14, 16 Stat. 143. Act Feb. 28, 1871, c. 99, § 15, 10 Stat. 438. Proceedings for removal from office, described in this paragraph, were authorized by Rev. St. § 1786. The district courts, also, had jurisdiction of such proceedings, under Rev. St. § 563, par. 14. But these provisions have become inoperative, by the removal of the dis- ability imposed by Const. Amend. XIV, § 3, by Act June 6, 1898, c. 389, post, under Rev. St. & 1786. Suits for penalties under laws to enforce elective franchise. Fifteenth. Of all suits to recover pecuniary forfeitures under any act to enforce the right of citizens of the United States to vote in the several States. Act May 31, 1870, c. 114, $$ 2-4, 8, 16 Stat. 140-142. Act Feb. 28, 1871, c. 99, § 15, 16 Stat. 438. The districts in which suits for the recovery of pecuniary penalties and forfeitures shall be brought are prescribed by Rev. St. $ 732. Pecuniary forfeitures, such as are described in this paragraph, were imposed by Rev. St. $$ 2006, 2008, 2009. But these and other sec- tions relating to the subject are repealed by Act Feb. 8, 1894, c. 25, post, under Title XXVI, "The Elective Franchise." Suits to redress deprivation of rights secured by the Constitution and laws to persons within jurisdiction of United States. Sixteenth. Of all suits authorized by law to be brought by any person to redress the deprivation, under color of any law, statute, ordinance, regulation, custom, or usage of any State, of any right, privilege, or immunity, secured by the Constitution of the United Sec. 629) 507 Tit. 13— THE JUDICIARY —Ch. 7. States, or of any right secured by any law providing for equal rights of citizens of the United States, or of all persons within the juris- diction of the United States. Act April 20, 1871, c. 22, § 1, 17 Stat. 13. Act May 31, 1870, c. 114, 88 16, 18, 16 Stat. 114. Act April 9, 1866, c. 31, $ 3, 14 Stat. 27. Suits for the purposes described in this paragraph are authorized by Rev. St. $$ 1977, 1979. The district courts, also, have jurisdiction of such suits, under Rev. St. 563, par. 12. Jurisdiction of violations of the civil rights act of March 1, 1875, c. 114, is given to the district and circuit courts by section 3 of the act, post, under Title XXIV, "Civil Rights." Suits on account of injuries by conspirators in certain cases. Seventeenth. Of all suits authorized by law to be brought by any person on account of any injury to his person or property, or of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any conspiracy mentioned in sec- tion nineteen hundred and eighty, Title “Civil Rights.” Act April 20, 1871, c. 22, § 2, 17 Stat. 13. Act March 1, 1875, c. 114, § 3, 18 Stat. 336. The district courts, also, have jurisdiction of such suits under Rev. St. $ 563, par. 11. Suits against persons having knowledge of conspiracy, etc. Eighteenth. Of all suits authorized by law to be brought against any person who, having knowledge that any of the wrongs men- tioned in section nineteen hundred and eighty, are about to be done, and, having power to prevent or aid in preventing the same, neglects or refuses so to do, to recover damages for any such wrongful act. Act April 20, 1871, c. 22, § 6, 17 Stat. 15. Suits described in this paragraph are authorized and regulated by Rev. St. § 1981. Suits against officers and owners of vessels. Nineteenth. Of all suits and proceedings arising under section fifty-three hundred and forty-four, Title "Crimes,” for the punish- ment of officers and owners of vessels, through whose negligence or misconduct the life of any person is destroyed. Act Feb. 28, 1871, c. 100, $ 57, 16 Stat. 456. Rev. St. § 5344, referred to in this paragraph, declares officers or owners of vessels through whose misconduct, negligence, etc., the life of any person is destroyed, guilty of manslaughter, and prescribes the punishment thereof. Twentieth. * [Part of section omitted superseded. Act March 3, 1875, C. 137, Act March 3, 1887, c. 373, and Act Aug. 13, 1888, c. 866.) This paragraph is superseded by a provision relating to the criminal jurisdiction of the circuit courts contained in Act March 3, 1875, c. 137, § 1, as amended, set forth below. * ACT MARCH 3, 1875, c. 137, SS 1-10. [As amended 1887, 1888.] An act to determine the jurisdiction of circuit courts of the United 508 (Sec. 629 Tit. 13— THE JUDICIARY —Ch. 7. States, and to regulate the removal of causes from State courts, and for other purposes. (18 Stat. 470.) Civil suits arising under Constitution or laws of United States, etc., or between citizens of different States, etc.; and crimes and offenses. Be it enacted, &c., That the circuit courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States, or treaties made, or which shall be made, under their authority, or in which controversy the United States are plaintiffs or petitioners, or in which there shall be a controversy between citizens of different States, in which the matter in dispute exceeds, exclusive of interest and costs, the sum or value aforesaid, or a controversy between citizens of the same State claiming lands under grants of different States, or a controversy between citizens of a State and foreign states, citizens, or subjects, in which the matter in dispute exceeds, exclusive of interest and costs, the sum or value aforesaid, and shall have exclusive cognizance of all crimes and offenses cognizable un- der the authority of the United States, except as otherwise pro- vided by law, and concurrent jurisdiction with the district courts of the crimes and offenses cognizable by them. But no person shall be arrested in one district for trial in another in any civil action before a circuit or district court; and no civil suit shall be brought before ei- ther of said courts against any person by any, original process or pro- ceeding in any other district than that whereof he is an inhabitant, but where the jurisdiction is founded only on the fact that the action is between citizens of different States, suit shall be brought only in the district of the residence of either the plaintiff or the defendant; nor shall any circuit or district court have cognizance of any suit, except upon foreign bills of exchange, to recover the contents of any promissory note or other chose in action in favor of any as- signee, or of any subsequent holder if such instrument be payable to bearer and be not made by any corporation, unless such suit might have been prosecuted in such court to recover the said con- tents if no assignment or transfer had been made; * * [Part of section omitted superseded. Act March 3, 1891, c. 517, $$ 4-6.] Act March 3, 1875, c. 137, § 1, 18 Stat. 470. Act March 3, 1887, c. 373, § 1, 24 Stat. 552. Act Aug. 13, 1888, c. 866, § 1, 25 Stat. 433. Sections 1, 2, and 3 of Act March 3, 1875, c. 137, cited above, superseded the provisions of Rev. St. § 629, pars. 1, 20, relating to jurisdiction of civil suits where an alien was a party, or the suit was between citizens of different states, and jurisdiction of crimes and offenses; and superseded also the provisions of Rev. St. $ 639, relating to removal of causes from State courts to circuit courts, as to the cases described in subdivisions 1, 2, of that section. These three sec- tions of Act March 3, 1875, c. 137, are amended by Act March 3, 1887, c. 373, and errors in the enrollment of that act are corrected, to make the sections read as set forth here, by Act Aug. 18, c. 866, § 1, cited above; said amendments superseding also the provisions of Rev. Sec. 629) 509 Tit. 13--THE —Ch. 7. JUDICIARY JUDICIARY St. § 639, as to the cases described in the remaining subdivision 3 of that section. The concluding portion of this section, omitted here, related to the appellate jurisdiction of the circuit courts from the district courts, which jurisdiction is taken away by the act establishing the circuit courts of appeals, Act March 3, 1891, c. 517, 88 4-6, post, under chap- ter 8 A of this Title. By Act Sept. 4, 1890, c. 874, post, following Rev. St. $ 5339, jurisdie- tion of the offenses mentioned in chapter 3 of Title LXX of the Revised Statutes, when committed on a vessel upon a voyage upon the waters of any of the Great Lakes, or any of the waters connecting any of them, is vested in the circuit and district courts. The place of trial of offenses is prescribed by Rev. St. 88 729-731. Removal of causes from State courts. Sec. 2. That any suit of a civil nature, at law or in equity, arising under the Constitution or laws of the United States, or treaties made, or which shall be made, under their authority, of which the circuit courts of the United States are given original jurisdiction by the preceding section, which may now be pending, or which may hereafter be brought, in any State court, may be removed by the defendant or defendants therein to the circuit court of the United States for the proper district. Any other suit of a civil nature, at law or in equity, of which the circuit courts of the United States are given jurisdiction by the preceding section, and which are now pending, or which may hereafter be brought, in any State court, may be removed into the circuit court of the United States for the proper district by the defendant or defendants therein, being non- residents of that State. And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different States, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district. And where a suit is now pending, or may be hereafter brought, in any State court, in which there is a controversy between a citizen of the State in which the suit is brought and a citizen of another State, any defendant, being such citizen of another State, may remove such suit into the circuit court of the United States for the proper district, at any time before the trial thereof, when it shall be made to appear to said circuit court that from prejudice or local influence he will not be able to obtain justice in such State court, or in any other State court to which the said defendant may, under the laws of the State, have the right, on account of such prejudice or local influence, to remove said cause: Provided, That if it further appear that said suit can be fully and justly determined as to the other defendants in the State court, without being affected by such prejudice or local in- Muence, and that no party to the suit will be prejudiced by a sep- aration of the parties, said circuit court may direct the suit to be remanded, so far as relates to such other defendants, to the State court, to be proceeded with therein. At any time before the trial of any suit which is now pending in any circuit court or may hereafter be entered therein, and which has been removed to said court from a State court on the affidavit 510 (Sec. 629 Tit. 13— THE JUDICIARY —ChCh.7 . 7. a of any party plaintiff that he had reason to believe and did believe that, from prejudice or local influence, he was unable to obtain jus- tice in said State court, the circuit court shall, on application of the other party, examine into the truth of said affidavit and the grounds thereof, and, unless it shall appear to the satisfaction of said court that said party will not be able to obtain justice in such State court, it shall cause the same to be remanded thereto. Whenever any cause shall be removed from any State court into any circuit court of the United States, and the circuit court shall decide that the cause was improperly removed, and order the same to be remanded to the State court from whence it came, such re- mand shall be immediately carried into execution, and no appeal or writ of error from the decision of the circuit court so remanding such cause shall be allowed. Act March 3, 1875, c. 137, § 2, 18 Stat. 470. Act March 3, 1887, c. 373, § 1, 24 Stat. 552. Act Aug. 13, 1888, c. 866, § 1, 25 Stat. 433. See note under section 1 of this act. Proceedings for removal of causes. Sec. 3. That whenever any party entitled to remove any suit men- tioned in the next preceding section, except in such cases as are pro- vided for in the last clause of said section, may desire to remove such suit from a State court to the circuit court of the United States, he may make and file a petition in such suit in such State court at the time, or any tinie before the defendant is required by the laws of the State or the rule of the State court in which such suit is brought to answer or plead to the declaration or complaint of the plaintiff, for the removal of such suit into the circuit court to be held in the dis- trict where such suit is pending, and shall make and file therewith a bond, with good and sufficient surety, for his or their entering in such circuit court, on the first day of its then next session, a copy of the record in such suit, and for paying all costs that may be awarded by the said circuit court if said court shall hold that such suit was wrong- fully or improperly removed thereto, and also for their appearing and entering special bail in such suit if special bail was originally requisite therein. It shall then be the duty of the State court to accept said petition and bond, and proceed no further in such suit; and the said copy being entered as aforesaid in said circuit court of the United States, the cause shall then proceed in the same manner as if it had been originally commenced in the said circuit court; and if in any action commenced in a State court the title of land be concerned, and the parties are citizens of the same State, and the matter in dispute exceed the sum or value of two thousand dollars, exclusive of inter- est and costs, the sum or value being made to appear, one or more of the plaintiffs or defendants, before the trial, may state to the court, and make affidavit if the court require it, that he or they claim and shall rely upon a right or title to the land under a grant from a State, and produce the original grant, or an exemplification of it, except where the loss of public records shall put it out of his or their power, and shall move that any one or more of the adverse party inform the court whether he or they claim a right or title to the land under a grant from some other State, the party or parties so required shall Sec. 629) Tit. 13— THE JUDICIARY -Ch. 7. 511 give such information, or otherwise not be allowed to plead such grant or give it in evidence upon the trial; and if he or they inform that he or they do claim under such grant, any one or more of the party moving for such information may then, on petition and bond, as hereinbefore mentioned in this act, remove the cause for trial to the circuit court of the United States next to be holden in such dis- trict; and any one of either party removing the cause shall not be al- lowed to plead or give evidence of any other title than that by him or them stated as aforesaid as the ground of his or their claim. Act March 3, 1875, c. 137, § 3, 18 Stat. 470. Act March 3, 1887, c. 373, § 1, 24 Stat. 552. Act Aug. 13, 1888, c. 866, § 1, 25 Stat. 433. See note under section 1 of this act. Attachments, etc., bonds, etc., injunctions and orders, etc., in causes removed, to remain valid and in force. Sec. 4. That when any suit shall be removed from a State court to a circuit court of the United States, any attachment or sequestration of the goods or estate of the defendant had in such suit in the State court shall hold the goods or estate so attached or sequestered to answer the final judgment or decree in the same manner as by law they would have been held to answer final judgment or decree had it been rendered by the court in which said suit was commenced ; and all bonds, undertakings, or security given by either party in such suit prior to its removal shall remain valid and effectual, notwith- standing said removal; and all injunctions, orders, and other proceed- ings had in such suit prior to its removal shall remain in full force and effect until dissolved or modified by the court to which such suit shall be removed. Act March 3, 1875, c. 137, 84, 18 Stat. 471. Previcus provisions similar to those of this section are contained in Rev. St. 8 646. Dismissal or remand of suit improperly commenced in or removed to circuit court. Sec. 5. That if, in any suit commenced in a circuit court, or re- moved from a State court to a circuit court of the United States, it shall appear to the satisfaction of said circuit court, at any time after such suit has been brought or removed thereto, that such suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of said circuit court, or that the parties to said suit have been improperly or collusively made or joined, either as plaintiffs or defendants, for the purpose of creating a case cognizable or removable under this act, the said circuit court shall proceed no further therein, but shall dismiss the suit or remand it to the court from which it was removed as justice may require, and shall make such order as to costs as shall be just; * [Part of section [ omitted repealed. Act March 3, 1887, c. 373, § 6, and Act Aug. 13, 1888, c. 866, § 6.] Act March 3, 1875, c. 137, § 5, 18 Stat. 472. Act March 3, 1887, c. 373, $ 6, 24 Stat. 555. Act Aug. 13, 1888, c. 866, $ 6, 25 Stat. 436. This section, as originally enacted, contained at the end thereof a clause as follows: "But the order of said circuit court dismissing or remanding said cause to the State court shall be reviewable by the Supreme Court on 512 (Sec. 629 Tit. 13— THE JUDICIARY - Ch. 7. error or appeal, as the case may be.” This clause is expressly repealed by Act March 3, 1887, c. 373, § 6, and Act Aug. 13, 1888, c. 866, § 6, set forth below. Proceedings in causes removed from State courts. Sec. 6. That the circuit court of the United States shall, in all suits removed under the provisions of this act, proceed therein as if the suit had been originally commenced in said circuit court, and the same proceedings had been taken in such suit in said circuit court as shall have been had therein in said State court prior to its removal. Act March 3, 1875, c. 137, $ 6, 18 Stat. 472. Filing of copy of record of cause removed from State court, and ap- pearance in circuit court. Sec. 7. That in all causes removable under this act, if the term of the circuit court to which the same is removable, then next to be hold- en, shall commence within twenty days after filing the petition and bond in the State court for its removal, then he or they who apply to remove the same shall have twenty days from such application to file said copy of record in said circuit court and enter appearance therein; and if done within said twenty days, such filing and ap- pearance shall be taken to satisfy the said bond in that behalf; that if the clerk of the State court in which any such cause shall be pending, shall refuse to any one or more of the parties or persons applying to remove the same, a copy of the record therein, after tender of legal fees for such copy, said clerk so offending shail be deemed guilty of a misdemeanor, and, on conviction thereof in the circuit court of the United States to which said action, or proceeding was removed, shall be punished by imprisonment not more than one year, or by fine not exceeding one thousand dollars, or both in the discretion of the court. And the circuit court to which any cause, shall be removable under this act shall have power to issue a writ of certiorari to said State court commanding said State court to make return of the record in any such cause removed as aforesaid, or in which any one or more of the plaintiffs or defendants have complied with the provisions of this act for the removal of the same, and enforce said writ according to law; and if it shall be impossible for the parties or persons remov- ing any cause under this act, or complying with the provisions for the removal thereof, to obtain such copy, for the reason that the clerk of said State court refuses to furnish a copy, on payment of legal fees, or for any other reason, the circuit court shall make an order requir- ing the prosecutor in any such action or proceeding to enforce for- feiture or recover penalty as aforesaid, to file a copy of the paper or proceeding by which the same was commenced, within such time as the court may determine; and in default thereof the court shall dismiss the said action or proceeding; but if said order shall be com- plied with, then said circuit-court shall require the other party to plead, and said action, or proceeding shall proceed to final judgment; and the said circuit court may make an order requiring the parties thereto to plead de novo; and the bond given, conditioned as afore- said, shall be discharged so far as it requires copy of the record to be filed as aforesaid. Act March 3, 1875, c. 137, 87, 18 Stat. 472. Sec. 629) Tit. 13— THE JUDICIARY —Ch. 7. 513 Proceedings to obtain jurisdiction of property of absent defendants. Sec. 8. That when in any suit, commenced in any circuit court of the United States, to enforce any legal or equitable lien upon, or claim to, or to remove any incumbrance or lien or cloud upon the title to real or personal property within the district where such suit is brought, one or more of the defendants therein shall not be an inhabitant of, or found within, the said district, or shall not volun- tarily appear thereto, it shall be lawful for the court to make an order directing such absent defendant or defendants to appear, plead, answer, or demur, by a day certain to be designated, which order shall be served on such absent defendant or defendants, if practicable, wherever found, and also upon the person or persons in possession or charge of said property, if any there be; or where such personal service upon such absent defendant or defendants is not practicable, such order shall be published in such manner as the court may di- rect, not less than once a week for six consecutive weeks; and in case such absent defendant shall not appear, plead, answer, or demur within the time so limited, or within some further time, to be al- lowed by the court, in its discretion, and upon proof of the service or publication of said order, and of the performance of the direc- tions contained in the same, it shall be lawful for the court to enter- tain jurisdiction, and proceed to the hearing and adjudication of such suit in the same manner as if such absent defendant had been served with process within the said district; but said adjudication shall, as regards said absent defendant or defendants without ap- pearance, affect only the property which shall have been the subject of the suit and under the jurisdiction of the 'court therein, within such district, and when a part of the said real or personal property against which such proceeding shall be taken shall be within another district, but within the same State, said suit may be brought in either district in said State: Provided, however, That any defend- ant or defendants not actually personally notified as above provided may, at any time within one year after final judgment in any suit mentioned in this section, enter his appearance in said suit in said circuit court, and thereupon the said court shall make an order setting aside the judgment therein, and permitting said defendant or defendants to plead therein on payment by him or them of such costs as the court shall deem just; and thereupon said suit shall be proceeded with to final judgment according to law. Act March 3, 1875, c. 137, $ 8, 18 Stat. 472. This section supersedes the similar provisions, in terms applicable to all the courts, contained in Rev. St. § 738, as only the circuit courts have jurisdiction of such suits. Proceedings to take appeal or bring writ of error after death of party to judgment. Sec. 9. That whenever either party to a final judgment or decree which has been or shall be rendered in any circuit court has died or shall die before the time allowed for taking an appeal or bringing a writ of error has expired, it shall not be necessary to revive the suit by any formal proceedings aforesaid. The representatives of such deceased party may file in the office of the clerk of such circuit LAWS '01-33 514 (Sec. 629 Tit. 13—THE JUDICIARY — Ch. 7. court a duly certified copy of his appointment and thereupon may enter an appeal or bring writ of error as the party he represents might have done. If the party in whose favor such judgment or decree is rendered has died before appeal taken or writ of error brought, notice to his representatives shall be given from the Su- preme court, as provided in case of the death of a party after ap- peal taken or writ of error brought. Act March 3, 1875, c. 137, $ 9, 18 Stat. 473. Provisions similar to those of this section, applicable to all the courts, relating to proceedings on the death of a party before final judgment, are contained in Rev. St. $$ 955, 956. Repeal. Sec. 10. That all acts and parts of acts in conflict with the pro- visions of this act are hereby repealed. Act March 3, 1875, c. 137, $ 10, 18 Stat. 473. ACT MARCH 3, 1887, c. 373. [As amended 1888.] An Act to Amend the Act of Congress Approved March third, Eighteen hundred and seventy-five, entitled "An Act to Deter- mine the Jurisdiction of Circuit Courts of the United States and to Regulate the Removal of Causes from State Courts, and for Other Purposes and to Further Regulate the Jurisdiction of Circuit Courts of the United States, and for Other Purposes." (24 Stat. 552.) Be it enacted, etc. [Section 1 amends Act March 3, 1875, C. 137, 3 $$ 1-3.] The amendments by this section, corrected by Act Aug. 13, 1888, c. 866, 25 Stat. 433, of Act March 3, 1875, c. 137, &$ 1-3, are incorporated in those sections of the act of 1875 set forth above. Secs, 2, 3. [Relate to receivers appointed in any court of the United States.] These sections, requiring receivers in causes pending in any court of the United States to manage property according to the State laws, and authorizing suits against such receivers without leave of court, are set forth post, following Rev. St. & 721. Jurisdiction of suits by or against national banks, as in cases between individual citizens of same State. Sec. 4. That all national banking associations established under the laws of the United States shall , for the purposes of all actions by or against them, real, personal, or mixed, and all suits in equity, be deemed citizens of the States in which they are respectively lo- cated; and in such cases the circuit and district court shall not have jurisdiction other than such as they would have in cases between individual citizens of the same State. The provisions of this section shall not be held to affect the juris- diction of the courts of the United States in cases commenced by the United States or by direction of any officer thereof, or cases for winding up the affairs of any such bank. Act March 3, 1887, c. 373, § 4, 24 Stat. 554. Act Aug. 13, 1888, c. 866, § 4, 25 Stat. 436. The provisions of this section relating to the jurisdiction of actions by Sec. 629) 515 Tit. 13— THE JUDICIARY —Ch. 7. or against national banks affect the jurisdiction over such suits of the district courts under Rev. St. $ 563, par. 15, as well as that of the cir- cuit courts under Rev. St. 8 629, par. 10. Section 4 of Act July 12, 1882, c. 290, post, under Title LXII, "National Banks,” c. 1, relating to the extension of the corporate existence of national banks, contained a proviso "that the jurisdiction for suits hereafter brought by or against any association established under any law providing for national banking associations, except suits between them and the United States, or its officers and agents, shall be the same as, and not other than, the juris- diction for suits by or against banks organized under any law of the United States which do or may do banking business where such national banking association may be doing business when such suits may be be- gun; and all laws and parts of laws of the United States inconsistent with this proviso be, and the same are hereby repealed.” But that pro- viso may be regarded as superseded by this section. Effect of act on existing provisions as to jurisdiction and removal of causes. Sec. 5. That nothing in this act shall be held, deemed, or con- strued to repeal or affect any jurisdiction or right mentioned either in sections six hundred and forty-one, or in six hundred and forty- two, or in six hundred and forty-three, or in seven hundred and twenty-two, or in title twenty-four of the Revised Statutes of the United States, or mentioned in section eight of the act of Congress of which this act is an amendment, or in the act of Congress ap- proved March first, eighteen hundred and seventy-five, entitled “An act to protect all citizens in their civil and legal rights.” Act March 3, 1887, c. 373, 85, 24 Stat. 555. Act Aug. 13, 1888, c. 866, § 5, 25 Stat. 436. Rev. St. 88 641-643, referred to in this section, relate to removal of causes against persons denied certain civil rights, or against revenue offi- cers or others on account of official acts, etc.; and Rev. St. $ 722 relates to proceedings for protection of civil rights, which are defined in Title XXIV, "Civil Rights," and in Act March 1, 1875, c. 114, also referred to in this section, and set forth post, under Title XXIV, “Civil Rights." Repeal. Sec. 6. That the last paragraph of section five of the act of Con- gress approved March third, eighteen hundred and seventy-five, en- titled "An act to determine the jurisdiction of circuit courts of the United States and to regulate the removal of causes from State courts, and for other purposes," and section six hundred and forty of the Revised Statutes, and all laws and parts of laws in conflict with the provisions of this act, be, and the same are hereby repealed : [Part of section omitted relates to pending causes.] Act March 3, 1887, c. 373, $ 6, 24 Stat. 555. Act Aug. 13, 1888, c. 866, $ 6, 25 Stat. 436. Act March 3, 1875, c. 137, § 5, referred to and repealed in part in this section, is set forth above. 7. [Relates to appointment or employment of relatives of any judge of any court of the United States in such court.] This section, forbidding the appointment or employment of relatives of judges in any court of which the judge may be a member, is set forth post, following Rev. St. $ 715. * * Sec. 516 (Sec. 629 Tit. 13— THE JUDICIARY – Ch. 7. ACT MAY 17, 1898, c. 339. An Act to Confer Jurisdiction upon the Circuit Courts in Certain Cases. (30 Stat. 416.) Jurisdiction of suits for partition of lands of which the United States is one of the tenants in common or joint tenants. Be it enacted, &c., That the several circuit courts of the United States shall have jurisdiction of suits in equity brought by any tenant in common or joint tenant for the partition of lands in cases where the United States is one of such tenants in common or joint tenants, such suit to be brought in the circuit court of the district in which such land is situate. Act May 17, 1898, c. 339, $ 1,30 Stat. 416. Proceedings in suits for partition; purchase of lands by United States. Sec. 2. That when such suit is brought by any person owning an undivided interest in such land, other than the United States, against the United States alone or against the United States and any other ef such owners, service shall be made on the United States by caus- ing a copy of the bill filed to be served upon the district attorney of the district wherein the suit is brought, and by mailing a copy of the same by registered letter to the Attorney-General of the United States; and the complainant in such bill shall file with the clerk of the court in which such bill is filed an affidavit of such service and of the mailing of such letter. It shall be the duty of the district attorney upon whom service of the bill is made as aforesaid to ap- pear and defend the interests of the Government, and within sixty days after service upon him as hereinabove prescribed, unless the time shall be enlarged by order of the court made in the case, to file a plea, answer, or demurrer on the part of the Government, and the cause shall proceed as other cases for partition by courts of equity, and in making such partition the court shall be governed by the same principles of equity that control courts of equity in par- tition proceedings between private persons. Whenever in such suit the court shall order a sale of the property or any part thereof the Attorney-General of the United States may, in his discretion, bid for the same in behalf of the United States. If the United States shall be the purchaser, the amount of the purchase money shall be paid from the Treasury of the United States upon a warrant drawn by the Secretary of the Treasury on the requisition of the Attorney- General. Act May 17, 1898, c. 339, $ 2, 30 Stat. 416. The subjects as to which the jurisdiction vested in the courts of the United States is exclusive of the courts of the several States are enumer- ated in Rev. St. $ 711. The Supreme Court and the circuit and district courts have power to issue writs of scire facias, and all other writs not specifically provided for, which may be necessary for the exercise of their respective jurisdic- Sec. 629) 517 Tit. 13– THE JUDICIARY —Ch. 7. tions, and agreeable to the usages and principles of law, under Rev. St. § 716. Circuit court judges are authorized to grant writs of ne exeat in certain cases by Rev. St. 717. Circuit court judges are authorized to hold to security of the peace in certain cases, by Rev. St. $ 727. Circuit courts and judges thereof are authorized to issue writs of ha- beas corpus in certairi cases, by Rev. St. 88 751, 752. Circuit courts are empowered to issue writs of mandamus to compel clerks, marshals, and district attorneys to make the returns required by Act Feb. 22, 1875, c. 95, by section 4 of that act, post, following Rev. St. $ 846. Jurisdiction of proceedings in equity, by writ of injunction, to restrain violation of Act Feb. 25, 1885, c. 149, relating to unlawful occupancy of public lands, is conferred on any district or circuit court having juris- diction over the locality where the land is situated, by section 2 of that act, post, following Rev. St. 8 2457. Jurisdiction of suits for penalties for violations of Act Feb. 26, 1885, C. 164, prohibiting importation of aliens under contract to perform labor, is given to the circuit courts by section 3 of that act; and concurrent juris- diction is given to the circuit and district courts, of all causes, civil and criminal, arising under Act March 3, 1891, c. 551, relating to the same subject, by section 13 of that act; post, under Title XXIX, "Immigra- tion." Jurisdiction of suits for damages for violation of the act to regulate commerce is given to the district and circuit courts by Act Feb. 4, 1887, c. 104, § 9; and by amendments of that act by Act March 2, 1889, c. 382, additional jurisdiction is conferred on the circuit courts of proceed- ings for violation of the act; post, under Title LVI A, "Regulation of In- terstate and Foreign Commerce," c. 1. Jurisdiction concurrent with the Court of Claims, of claims against the United States, is given to the circuit courts where the amount exceeds $1,000 and does not exceed $10,000, by Act March 3, 1887, c. 359, $ 2, amended by Act June 27, 1898, c. 503, § 2, and later provisions, post, un- der chapter 21 of this Title. Power to review the decisions of the General Appraisers as to classi- fication of merchandise and rate of duty is conferred on the circuit courts by Act June 10, 1890, c. 407, § 15, post, under Title XXXIV, “Collection of Duties upon Imports," c. 6. Jurisdiction to prevent and restrain violations of Act July 2, 1890, c. 647, to protect trade and commerce against unlawful restraints and monopolies, is given to the circuit courts by section 4 of that act, post, under Title LVI A, "Regulation of Interstate and Foreign Commerce," c. 1; and jurisdiction to prevent and restrain violations of the provisions of the Tariff Act of Aug. 27, 1894, c. 349, $ 73, relating to trusts, etc., in restraint of import trade, is also given to the circuit courts by section 74 of that act, post, under Title LVI B, “Monopolies and Combinations in Restraint of Trade." Suits on bonds of contractors for paper for public printing are to be prosecuted in the circuit courts, under Act Jan. 12, c. 23, $ 10, post, un- der Title XLV, "Public Printing, Advertisements, and Public Docu- ments." Proceedings in the circuit courts to enforce by injunction the removal of structures obstructing navigation are authorized by Act March 3, 1899, c. 425, $ 12; and criminal prosecutions for violations of that act are authorized by sections 12, 18, thereof, in the circuit courts; post, under Title LXIII, “Rivers and Harbors." Jurisdiction of proceedings for condemnation of real estate for erection of buildings or for other public uses is conferred by Act Aug. 1, 1888, c. 728, post, under Title XLIII A. "Public Buildings and Works." Appeals from judgments of consular courts or of ministers in China or Japan, to the circuit court for the district of California, were authorized by Rev. St. $8 4093-4096. 518 (Secs. 630-635 Tit. 13—-THE JUDICIARY —Ch.7. Sec. 630. In bankruptcy. The circuit courts shall have jurisdiction in matters in bankruptcy, to be exercised within the limits and in the manner provided by law. Act March 2, 1867, c. 176, $$ 2, 8, 14 Stat. 518 520. The district courts have also concurrent jurisdiction of matters in bank- ruptcy. See ante, Rev. St. $ 563, par. 18. The jurisdiction of the circuit courts in bankruptcy is defined in the bankruptcy act of 1898, Act July 1, 1898, c. 541, $ 23, post, under Title LXI, "Bankruptcy." Secs. 631-633. [Superseded. Act March 3, 1891, c. 517, $$ 4-6.] These three sections, authorizing appeals and writs of error for review by the circuit courts of judgments and decrees of the district courts, are superseded by the taking away of the appellate jurisdiction of the circuit courts, and the provisions for such review in the Supreme Court or in the circuit courts of appeals, by the act establishing the latter courts, Act March 3, 1891, c. 517, $ 4, post, under chapter 8 A of this Title. Sec. 634. [Repealed. Act June 22, 1874, C. 401, § 5.] This section incorporated a provision of Act March 3, 1873, c. 223, § 4, 17 Stat. 485, giving the circuit court, then established for the three dis- tricts of Alabama, appellate and revisory jurisdiction of the decrees and judgments of the district courts for those districts. That provision is expressly repealed by the establishment of circuit courts for each district by Act June 22, 1874, c. 401, § 5, which operates as a repeal of this sec- tion by virtue of Rev. St. § 5601, providing that acts passed after De- cember 1, 1873, should have effect as if passed after the enactment of the revision, and as repealing any portion of the revision inconsistent there- with. Sec. 635. [Superseded. Act March 3, 1891, C. 517, $$ 4-6, 11.) This section limited the time for writs of error and appeals from district courts to circuit courts to one year, with the proviso "that where a per- son entitled to prosecute a writ of error or to take an appeal is an infant, or non compos mentis, or imprisoned, such writ of error may be prosecut- ed, or such appeal may be taken, within one year after the entry of the judgment, decree, or order, exclusive of the term of such disability.” This limitation is superseded by the limitations prescribed by Act March 3, 1891, c. 517, $$ 6, 11; and with it the proviso quoted above, unless the proviso may be regarded as applicable to writs of error and appeals to the circuit courts of appeals under the further provision of section 11 of that act, that "all provisions of law now in force regulating the methods and system of review, through appeals or writs of error, shall regulate the methods and system of appeals and writs of error provided for in this act in respect of the circuit courts of appeals,” etc.; post, under chapter 8 A of this Title. Secs. 636-638) 519 Tit. 13– THE JUDICIARY —Ch. 7. Sec. 636. [Superseded. Act March 3, 1891, C. 517, $$ 4-6, 10.) This section related to the judgment to be rendered by the circuit courts, and the disposition to be made of the cause, on review of a judg- ment, decree, or order of a district court. It is superseded by the differ- ent provisions on the subject in section 10 of Act March 3, 1891, c. 517, post, under chapter 8 A. of this Title. Sec. 637. [As amended 1877.] Jurisdiction of cases transferred from district courts on account of disability, etc. When any cause, civil or criminal, of whatever nature, is removed into a circuit court, as provided by law, from a district court wherein the same is cognizable, on account of the disability of the judge of such district court, or by reason of his being concerned in interest therein, or having been of counsel for either party, or being so re- lated to or connected with either party to such cause as to render it improper, in his opinion, for him to sit on the trial thereof, such circuit court shall have the same cognizance of such cause, and in like manner, as the said district court might have, or as said circuit court might have if the same had been originally and lawfully com- menced therein; and shall proceed to hear and determine the same accordingly. Act March 2, 1809, c. 27, § 1, 2 Stat. 534. Act March 3, 1821, c. 51, 3 Stat. 643. Act Feb. 27, 1877, c. 69, 19 Stat. 241. The amendment to this section by Act Feb. 27, 1877, c. 69, 19 Stat. 241, consists in the insertion of the word "court after the word "cir- cuit," where it occurred last in the section as set forth here; the word "court" having been omitted from the section as originally enacted. Provisions for the transfer of causes from the district courts to the cir- cuit courts, in case of the disability of the district judge, are contained in Rev. St. $ 587; and because the judge of the district court is interested in the suit, in Rey. St. § 601. Sec. 638. Courts always open for certain purposes. The circuit courts, as courts of equity, shall be deemed always , open for the purpose of filing any pleading, of issuing and return- ing mesne and final process, and of making and directing all inter- locutory motions, orders, rules, and other proceedings, preparatory to the hearing, upon their merits, of all causes pending therein. And any judge of a circuit court may, upon reasonable notice to the par- ties, make, and direct and award, at chambers or in the clerk's office, and in vacation as well as in term, all such process, commissions, or- ders, rules, and other proceedings, whenever the same are not grant- able, of course, according to the rules and practice of the court. Act Aug. 23, 1842, c. 188, § 5, 5 Stat. 517. Provisions that the district courts, as courts of admiralty, and as courts of equity so far as equity jurisdiction has been conferred upon them, shall be deemed always open, for certain purposes, are contained in Rev. St. 88 574-576. 520 (Secs. 639-641 Tit. 13– THE JUDICIARY —Ch. 7. Sec. 639. [Superseded. Act March 3, 1875, C. 137, $$ 2, 3, 7, 9, Act March 3, 1887, c. 373, § 1, and Act Aug. 13, 1888, c. 866, § 1.] This section provided for the removal to the circuit courts of suits com- menced in State courts, where the matter in dispute exceeded the sum or value of $500, in cases where the suit was against an alien, or by a cit- izen of the State wherein it was brought against a citizen of another State. It is superseded, except as to the third subdivision of the section, which authorized such removal on the ground of prejudice or local influ- ence, by Act March 3, 1875, c. 137, $$ 2, 3, ante, under Rev. St. $ 629; and as to the third subdivision, also, by the amendment of that act by Act March 3, 1887, c. 373, § 1, and Act Aug. 13, 1888, c. 866, § 1, also set forth ante, under Rev. St. $ 629. Sec. 640. [Repealed. Act March 3, 1887, c. 373, § 6.] ] This section, which provided for the removal to the circuit courts of suits commenced in courts other than a circuit or district court of the United States against corporations organized under a law of the Unit- ed States, is expressly repealed by Act March 3, 1887, c. 373, § 6, and Act Aug. 13, 1888, c. 866, § 6, ante, under Rev. St. $ 629. Sec. 641. Removal of causes against persons denied any civil right, etc. When any civil suit or criminal prosecution is commenced in any State court, for any cause whatsoever, against any person who is denied or cannot enforce in the judicial tribunals of the State, or in the part of the State where such suit or prosecution is pending, any right secured to him by any law providing for the equal civil rights of citi- zens of the United States, or of all persons within the jurisdiction of the United States, or against any officer, civil or military, or other person, for any arrest or imprisonment or other trespasses or wrongs, made or committed by virtue of or under color of authority derived from any law providing for equal rights as aforesaid, or for refusing to do any act on the ground that it would be inconsistent with such law, such suit or prosecution may, upon the petition of such defend- ant, filed in said State court at any time before the trial or final hear- ing of the cause, stating the facts and verified by oath, be removed, for trial, into the next circuit court to be held in the district where it is pending. Upon the filing of such petition all further proceed- ings in the State courts shall cease, and shall not be resumed except as hereinafter provided. But all bail and other security given in such suit or prosecution shall continue in like force and effect as if the same had proceeded to final judgment and execution in the State court. It shall be the duty of the clerk of the State court to furnish such defendant, petitioning for a removal, copies of said process against him, and of all pleading, depositions, testimony, and other pro- ceedings in the case. If such copies are filed by said petitioner in the circuit court on the first day of its session, the cause shall proceed therein in the same manner as if it had been brought there by orig- inal process; and if the said clerk refuses or neglects to furnish Secs. 641-643) 521 Tit. 13— THE JUDICIARY –Ch. 7. such copies, the petitioner may thereupon docket the case in the cir- cuit court, and the said court shall then have jurisdiction therein, and may, upon proof of such refusal or neglect of said clerk, and upon reasonable notice to the plaintiff, require the plaintiff to file a declaration, petition, or complaint in the cause; and, in case of his default, may order a nonsuit and dismiss the case at the costs of the plaintiff, and such dismissal shall be a bar to any further suit touching the matter in controversy. But if, without such refusal or neglect of said clerk to furnish such copies and proof thereof, the petitioner for removal fails to file copies in the circuit court as herein provided, a certificate, under the seal of the circuit court, stating such failure, shall be given, and upon the production thereof in said State court, the cause shall proceed therein as if no petition for a removal had been filed. Act May 31, 1870, c. 114, $$ 16, 18, 16 Stat. 144. Act April 9, 1866, c. 31, $ 3, 14 Stat. 27. Act March 3, 1863, c. 81, § 5, 12 Stat. 756. Act May 11, 1866, c. 80, $$ 3, 5, 14 Stat. 46. No jurisdiction or right mentioned in this section or in the two sec- tions next following is repealed or affected by Act March 3, 1887, c. 373, amended by Act Aug. 13, 1888, c. 886, ante, under Rev. St. $ 629; by a provision of section 6 of that act. Provisions defining the equal civil rights of citizens of the United States, and of all persons within the jurisdiction of the United States, are contained in Rev. St. 88 1977, 1978. Sec. 642. When petitioner is in actual custody of State court. When all the acts necessary for the removal of any suit or prose- cution, as provided in the preceding section, have been performed, and the defendant petitioning for such removal is in actual custody on process issued by said State court, it shall be the duty of the clerk of said circuit court to issue a writ of habeas corpus cum causa, and of the marshal, by virtue of said writ, to take the body of the defendant into his custody, to be dealt with in said circuit court according to law and the orders of said court, or, in vacation, of any judge thereof; and the marshal shall file with or deliver to the clerk of said State court a duplicate copy of said writ. Act Feb. 5, 1867, c. 27, 14 Stat. 385. Act March 3, 1863, c. 81, 85, 13 Stat. 756. Act May 11, 1866, c. 80, $$ 3, 5, 14 Stat. 46. Act April 9, 1866, c. 31, § 3, 14 Stat. 27. Sec. 643. [As amended 1875.] Removal of suits and prosecutions against revenue officers (or persons acting or claiming under them.] When any civil suit or criminal prosecution is commenced in any court of a State against any officer appointed under or acting by authority of any revenue law of the United States now or hereafter enacted, or against any person acting under or by authority of any such officer, on account of any act done under color of his office or of any such law, or on account of any right, title, or authority claimed by such officer or other person under any such law; or is commenced 522 (Sec. 643 Tit. 13—THE JUDICIARY — Ch. 7. against any person holding property or estate by title derived from any such officer, and affects the validity of any such revenue law; the said suit or prosecution may, at any time before the trial or final hearing thereof, be removed for trial into the circuit court next to be holden in the district where the same is pending, upon the petition of such defendant to said circuit court, and in the following manner: Said petition shall set forth the nature of the suit or prosecution, and be verified by affidavit; and, together with a certificate signed by an attorney or counselor at law of some court of record of the State where such suit or prosecution is commenced, or of the United States, stating that, as counsel for the petitioner, he has examined the proceedings against him, and carefully inquired into all the mat- ters set forth in the petition, and that he believes them to be true, shall be presented to the said circuit court, if in session, or if it be not, to the clerk thereof at his office, and shall be filed in said office. The cause shall thereupon be entered on the docket of the circuit court, and shall proceed as a cause originally commenced in that court; but all bail and other security given upon such suit or prosecution shall continue in like force and effect as if the same had proceeded to final judgment and execution in the State court. When the suit is com- menced in the State court by summons, subpoena, petition, or an- other process except capias, the clerk of the circuit court shall issue a writ of certiorari to the State court, requiring it to send to the cir- cuit court the record and proceedings in the cause. When it is com- menced by capias, or by any other similar form of proceeding by which a personal arrest is ordered, he shall issue a writ of habeas corpus cum causa, a duplicate of which shall be delivered to the clerk of the State court, or left at his office, by the marshal of the district, or his deputy, or by some person duly authorized thereto; and there- upon it shall be the duty of the State court to stay all further ceedings in the cause, and the suit or prosecution, upon delivery of such process, or leaving the same as aforesaid, shall be held to be removed to the circuit court, and any further proceedings, trial, or judgment therein in the State court shall be void. And if the defend- ant in the suit or prosecution be in actual custody or mesne process therein, it shall be the duty of the marshal, by virtue of the writ of habeas corpus cum causa, to take the body of the defendant into his custody, to be dealt with in the cause according to law and the order of the circuit court, or, in vacation, of any judge thereof; and if, upon the removal of such suit or prosecution, it is made to appear to the circuit court that no copy of the record and proceedings therein in the State court can be obtained, the circuit court may allow and re- quire the plaintiff to proceed de novo, and to file a declaration of his cause of action, and the parties may thereupon proceed as in actions originally brought in said circuit court. On failure of the plaintiff so to proceed, judgment of non prosequitur may be rendered against him, with costs for the defendant. Act March 2, 1833, c. 57, § 3, 4 Stat. 633. Act July 13, 1866, c. 184, § 67, 14 Stat. 171. Act Feb. 28, 1871, c. 99, § 16, 16 Stat. 438. Act March 3, 1875, c. 130, $ 8,18 Stat. 401. Act Feb. 8, 1894, c. 23, § 1, 28 Stat. 36. The amendment of this section by Act Feb. 8, 1894, c. 25, § 1, cited pro- Secs. 643–646) 523 Tit. 13— THE JUDICIARY —Ch.7. above, consists in the repeal of a part of the section, as originally enact- ed, following the enumeration of the suits and prosecutions commenced in said courts removable by this section to the circuit courts, which, in the section as set forth here, ends with the second semicolon; the clause so repealed being as follows: "or is commenced against any officer of the United States, or other person, on account of any act done under the provisions of Title XXVI, "The Elective Franchise,' or on account of any right, title or authority claimed by such officer or other person under any of the said provisions." Provisions for removal of actions against officers of either House of Congress for their official acts are included in Act March 3, 1875, c. 130, § 8, post, following Rev. St. 8 771. Sec. 644. Removal of suits by aliens in a particular case. Whenever a personal action has been or shall be brought in any State court by an alien against any citizen of a State who is, or at the time the alleged action accrued was, a civil officer of the United States, being a non-resident of that State wherein jurisdiction is obtained by the State court, by personal service of process, such action may be removed into the circuit court of the United States in and for the district in which the defendant shall have been served with the process, in the same manner as now provided for the re- moval of an action brought in a State court by the provisions of the preceding section. Act March 30, 1872, c. 72, 17 Stat. 44. Sec. 645. When copies of records are refused by clerk of State court. In any case where a party is entitled to copies of the record and proceedings in any suit or prosecution in a State court, to be used in any court of the United States, if the clerk of said State court, upon demand, and the payment or tender of the legal fees, refuses or neglects to deliver to him certified copies of such records and proceedings, the court of the United States in which such record and proceedings are needed may, on proof by affidavit that the clerk of said State court has refused or neglected to deliver copies there- of, on demand as aforesaid, direct such record to be supplied by affidavit, or otherwise, as the circumstances of the case may require and allow; and, thereupon, such proceeding, trial, and judgment may be had in the said court of the United States, and all such processes awarded, as if certified copies of such records and pro- ceedings had been regularly before the said court. Act March 2, 1833, c. 57, § 4, 4 Stat. 634. Act Feb. 28, 1871, c. 99, $ 17, 16 Stat. 439. Sec. 646. Attachments, injunctions, and indemnity bonds to remain in force after removal. When a suit is removed for trial from a State court to a circuit court, as provided in the foregoing sections, any attachment of the 524 (Secs. 646-647 Tit 13— THE JUDICIARY — Ch. 7. goods or estate of the defendant by the original process shall hold the same to answer the final judgment, in the same manner as by the laws of such State they would have been held to answer final judgment had it been rendered by the court in which the suit was commenced; and any injunction granted before the removal of the cause against the defendant applying for its removal shall continue in force until modified or dissolved by the United States court into which the cause is removed; and any bond of indemnity or other obligation, given by the plaintiff upon the issuing or granting of any attachment, writ of injunction, or other restraining process, against the defendant petitioning for the removal of the cause, shall also continue in full force and may be prosecuted by the defendant and made available for his indemnity in case the attachment, in- junction, or other restraining process be set aside or dissolved, or judgment be rendered in his favor, in the same manner, and with the same effect as if such attachment, injunction, or other restrain- ing process had been granted, and such bond had been originally filed or given in such State court. Act Sept. 24, 1789, c. 20, $ 12, 1 Stat. 79. Act July 27, 1866, c. 288, 14 Stat. 306. Act March 2, 1867, c. 196, 14 Stat. 558. Act July 27, 1868, c. 255, $ 2, 15 Stat. 227. Act April 9, 1866, c. 31, $ 3, 14 Stat. 27. Act March 3, 1863, c. 81, § 5, 12 Stat. 756. Act May 11, 1866, c. 80, $$ 3, 5, 14 Stat. 46. Act Feb. 5, 1867, c. 27, 14 Stat. 385. Act March 2, 1833, c. 57, § 3, 4 Stat. 633. Act July 13, 1866, c. 184, $ 67, 14 Stat. 171. Act Feb. 28, 1871, c. 99, $ 16, 16 Stat. 438, 439. Subsequent provisions similar to those of this section are contained in Act March 3, 1875, c. 137, § 4, ante, under Rev. St. § 629. Sec. 647. Removal of suits where parties claim land under titles from different States. If, in any action commenced in a State court, where the title of land is concerned, and the parties are citizens of the same State, and the matter in dispute, exclusive of costs, exceeds the sum or value of five hundred dollars, the sum or value being made to ap- pear to the satisfaction of the court, either party, before the trial, states to the court, and makes affidavit, if they require it, that he claims and shall rely upon a right or title to the land under a grant from a State other than that in which the suit is pending, and pro- duces the original grant, or an exemplification of it, except where the loss of public records shall put it out of his power, and moves that the adverse party inform the court whether he claims a right or title to the land under a grant from the State in which the suit is pending, the said adverse party shall give such information, or otherwise not be allowed to plead such grant, or give it in evidence upon the trial; and if he gives information that he does claim under Such grant, the party claiming under the grant first mentioned may, on motion, remove the cause for trial into the next circuit court to he holden in the district where such suit is pending. If the party so removing the cause is defendant, the removal shall be made un- der the regulations governing removals of a cause into such court Secs. 647–649) 525 Tit. 13— THE JUDICIARY-Ch. 7. by an alien; and neither party removing the cause shall be allowed to plead or give evidence of any other title than that stated by him as aforesaid as the ground of his claim. Act Sept. 24, 1789, c. 20, $ 12, 1 Stat. 79. Jurisdiction of suits in which there is "a controversy between citizens of the same State claiming lands under grants of different States” is giv- en to the circuit courts, with provisions for removal of such suits from the State courts to the circuit courts, by a defendant or defendants, non- residents of the State, by Act March 3, 1875, c. 137, $$ 1-3, amended by Act March 3, 1887, c. 373, § 1, and Act Aug. 13, 1888, c. 866, § 1, ante, under Rev. St. $ 629. Sec. 648. Issues of fact, when to be tried by jury. The trial of issues of fact in the circuit courts shall be by jury, except in cases of equity and of admiralty and maritime jurisdiction, and except as otherwise provided in proceedings in bankruptcy, and by the next section. Act Sept. 24, 1789, c. 20, $ 12, 1 Stat. 79. Act March 3, 1865, c. 86, $ 4, 13 Stat. 501. Provisions for trial by jury in admiralty cases, and in equity in patent cases, are contained in Act Feb. 16, 1875, c. 77, 88 1, 2, post, following Rev. St. 8 649. Provisions similar to those of this section, relating to trial of issues of fact in district courts, are contained in Rev. St. $ 566. Sec. 649. Issues of fact tried by the court. Issues of fact in civil cases in any circuit court may be tried and determined by the court, without the intervention of a jury, when- ever the parties, or their attorneys of record, file with the clerk a stipulation in writing waiving a jury. The finding of the court upon the facts, which may be either general or special, shall have the same effect as the verdict of a jury. Act March 3, 1865, c. 86, 84, 13 Stat. 501. Provisions relating to the review, on writ of error or appeal, where an issue of fact is tried by the court without a jury according to this section, of rulings at the trial, and, where the finding on the facts is spe- cial, of the sufficiency of the facts found to support the judgment, are contained iu Rev. St. § 700. Provisions for findings of fact and conclu- sions of law in admiralty cases, and for review on appeal of judgments and decrees entered on such findings, are contained in Act Feb. 16, 1875, c. 77, § 1, set forth below. ACT FEB. 16, 1875, c. 77. An Act to Facilitate the Disposition of Cases in the Supreme Court of the United States, and for Other Purposes. (18 Stat. 315.) Issues of fact in admiralty cases. Be it enacted, &c., That the circuit courts of the United States, in deciding causes of admiralty and maritime jurisdiction on the instance-side of the court, shall find the facts and the conclusions of 526 (Sec. 649 Tit. 13— THE JUDICIARY —Ch. 7. law upon which it renders its judgments or decrees, and shall state the facts and conclusions of law separately. And in finding the facts, as before provided, said court may, upon the consent of the parties who shall have appeared and put any matter of fact in issue, and subject to such general rules in the premises as shall be made and provided from time to time, impanel a jury of not less than five and not more than twelve persons, to whom shall be submitted the issues of fact in such cause, under the direction of the court, as in cases at common law. And the finding of such jury, unless set aside for lawful cause, shall be entered of record, and stand as the finding of the court, upon which judgment shall be entered ac- cording to law. The review of the judgments and decrees entered upon such findings by the Supreme Court, upon appeal, shall be limited to a determination of the questions of law arising upon the record, and to such rulings of the circuit court, excepted to at the time, as may be presented by a bill of exceptions, prepared as in actions at law. Act Feb. 16, 1875, c. 77, 8 1, 18 Stat. 315. The provisions of this act were intended, apparently, in accordance with the purposes expressed in the title, to facilitate the disposition of cases in the Supreme Court, on appeal from the circuit courts. They may be regarded, therefore, as superseded by the provisions of the act estab- lishing the circuit courts of appeals, which conferred the appellate juris- diction in admiralty and in patent cases on those courts, and made their decisions in such cases final; Act March 3, 1891, c. 517, $ 6, post, under chapter 8 A of this title; particularly as to the review of admiralty cases in the circuit courts of appeals, in which the hearing on appeal is in the nature of a trial de novo on a transcript containing all the testi- mony. But the express repeal of section 3 of this act by section 14 of Act March 3, 1891, c. 517, raises a presumption against the repeal by that act, by mere implication, of the sections of this act other than section 3. Issues of fact in equity in patent cases. Sec. 2. That said courts, when sitting in equity for the trial of patent causes, may impanel a jury of not less than five and not more than twelve persons, subject to such general rules in the prem- ises as may, from time to time, be made by the Supreme Court, and subunit to them such questions of fact arising in such cause as such circuit court shall deem expedient; and the verdict of such jury shall be treated and proceeded upon in the same manner and with the same effect as in the case of issues sent from chancery to a court of law and returned with such findings. Act Feb. 16, 1875, c. 77, § 2, 18 Stat. 316. See note under section 1 of this act. Sec. 3. [Repealed. Act March 3, 1891, C. 517, § 14.] ] This section, expressly repealed by Act March 3, 1891, c. 517, § 14, as stated in note under section 1 of this act, provided that the amount of the sum or value of the matter in dispute required in order that judgments and decrees of the circuit courts might be reviewed in the Supreme Court, whenever by previous laws it must exceed $2,000, should thereafter ex- ceed $5,000. Secs. 649-653) 527 Tit. 13—THE JUDICIARY —Ch. 7. Time of taking effect of act. Sec. 4. That this act shall take effect on the first day of May, eighteen hundred and seventy-five. Act Feb. 16, 1875, c. 77, § 4, 18 Stat. 316. Sec. 650. Division of opinion in civil causes; decision by presiding judge. Whenever, in any civil suit or proceeding in a circuit court held by a circuit justice and a circuit judge or a district judge, or by a circuit judge and a district judge, there occurs any difference of opinion between the judges as to any matter or thing to be de- cided, ruled, or ordered by the court, the opinion of the presiding justice or judge shall prevail, and be considered the opinion of the court for the time being. Act June 1, 1872, c. 255, § 1, 17 Stat. 196. Secs. 651, 652. [Superseded. Act March 3, 1891, c. 517, § 4.] These sections provided for proceedings in cases where the judges of the circuit court were divided in opinion, and for the review of such cases in the Supreme Court; section 651 providing for a certificate, in criminal cases, to the Supreme Court, of the point on which they were divided, which point, under Rev. St. § 697, was to be decided by the Supreme Court; and section 652 providing for a certificate, in civil cases, of the point on which they disagreed, such certificate to be entered in the record when a final judgment or decree was entered in the cause, and, under Rev. St. § 693, the judgment or decree was to be reviewed by the Su- preme Court. But these sections are superseded by the act establishing the circuit courts of appeals, Act March 3, 1891, c. 517, $ 4, post, under chapter 8 A of this Title, which provides that the review “by appeal, by writ of error, or otherwise,” from the circuit courts, shall be had only in the Supreme Court or in the circuit courts of appeals "according to the provisions of this act regulating the same." Sec. 653. Business of the circuit court for the two districts of Missouri trans- ferred, how. The circuit court for the eastern district of Missouri, is vested with full and complete jurisdiction to hear, determine, and dispose of, according to the usual course of judicial proceedings, all suits, causes, motions, and other matters which were pending in the circuit court of the United States in and for the districts of Missouri at the time the said circuit court for the eastern district of Missouri was created, on the eighth day of June, eighteen hundred and seventy-two, and also all other matters which have since arisen that pertain to said suits or causes, and also to make all orders and issue of all processes which said circuit court of the United States in and for the districts of Missouri might have done if it had not ceased to exist; and said circuit court for said eastern district of Missouri is vested with juris- diction and authority to do all and singular that may in the due course of judicial proceedings pertain to any of said suits, causes, 528 (Secs. 653-656 Tit. 13—THE JUDICIARY –Ch. 7. or unfinished business as fully as the said circuit court in and for the districts of Missouri might have done if said circuit court had not ceased to exist. Act Feb. 25, 1873, c. 200, § 1, 17 Stat. 476. The provisions of this section and of the three sections next following it are to a great extent temporary in their nature, but were incorporated into the Revised Statutes because incident to the then recent establish- ment, by Act June 8, 1872, c. 334, 17 Stat. 282, referred to in this sec- tion, of separate circuit courts in each of the two districts of Missouri, instead of the one circuit court for both districts previously existing. Sec. 654. Process issued out of former circuit court for Missouri. The service of process, mesne or final, issued out of said circuit court of the United States in and for the districts of Missouri, which service was had after the eighth day of June, eighteen hundred and seventy-two, and all levies, seizures, and sales made thereunder, also all service, seizures, levies, and sales made under any process which issued as out of said court after the said eighth day of June, eighteen hundred and seventy-two, are made valid, and all said processes are to be deemed returnable to said circuit court of the United States in and for the eastern district of Missouri as of the return day thereof. Act Feb. 25, 1873, c. 200, § 2, 17 Stat. 476. Sec. 655. Transfer of cases between eastern and western districts [of Missouri.] Either of the circuit courts for the eastern and for the western district of Missouri inay order any suit, cause, or other matter pend- ing therein, and commenced prior to the creation of said new court, to be transferred for trial or determination to the other of said circuit courts when, in the opinion of the court, said transfer ought to be made; and the court to which said transfer is made shall have as full authority and jurisdiction over the same from the date the certified transcript of the record thereof is filed as if the same had been originally pending therein. Act Feb. 25, 1873, c. 200, $ 3, 17 Stat. 476. Sec. 656. Custody of books, papers, etc., of circuit court of Missouri. That the clerk of the circuit court for the eastern district of Mis- souri, and his successors in office, shall have the custody of all records, books, papers, and property belonging or in any wise ap- pertaining to said circuit court of the United States in and for the districts of Missouri, and, as such custodians and the successors of the clerk of said last-named court, they are hereby invested with the same powers and authority with respect thereto as the clerk thereof had during the existence of said last-named circuit court. cuit court for the eastern district of Missouri is hereby made the successor of said circuit court of the United States in and for the Said cir- Sec. 657) 529 Tit. 13–. THE JUDICIARY —Ch. 8. districts of Missouri as to all suits, causes, and unfinished business therein or in any wise pertaining thereto, except as hereinbefore pro- vided. Act Feb. 25, 1873, c. 200, $ 4, 17 Stat. 476. Sec. 657. Circuit court for southern district of New York, how limited. The original jurisdiction of the circuit court for the southern dis- trict of New York shall not be construed to extend to causes of action arising within the northern district of said State. Act April 3, 1818, c. 32, § 6, 3 Stat. 415. CHAPTER EIGHT. Circuit Courts-Sessions. Sec. 658. Terms. Alabama. Arkansas. California. Connecticut. Delaware. Florida. Georgia. Illinois. Indiana, Iowa. Kansas. Kentucky. Louisiana, Maine. Maryland. Massachusetts. Michigan. Minnesota. Mississippi. Missouri. Nebraska. Nevada. New Hampshire. New Jersey. New York. North Carolina. Ohio. Oregon. Pennsylvania. Rhode Island. South Carolina. Tennessee. Texas. Sec. Vermont. Virginia. West Virginia. Wisconsin. Act Feb. 18, 1876, c. 11. 1. California, Oregon, and Nevada; times for terms of circuit courts. 2. Time of taking effect of act; re- peal. Act June 10, 1896, c. 394. Connecticut; time for term at Hart- ford. Act June 6, 1900, c. 781. 1. North Carolina; terms in eastern district. 2. Time of taking effect of act. 659. Recognizances to a certain term in southern district of New York. 660. Effect of altering terms of circuit courts. 661. Special sessions for trial of crim- inal causes. 662. Special sessions for criminal trials near the place of the offense. 663. Adjourned terms; Missouri. 664. California, Oregon, and Nevada; special sessions. 665. Kentucky and Indiana; special terms. 666. Tennessee; special terms. 667. North Carolina; special terms. 668. Virginia, Wisconsin; special terms. LAWS '01-34 530 (Sec. 658 Tit. 13—THE JUDICIARY —Ch. 8. Sec. Sec. 669. Special terms; general rule. 671. Adjournment in absence of the 670. Special terms; business trans- judges. acted at. 672. Adjournment in absence of the judges, by written order. Sec. 658. Terms. The regular terms of the circuit courts shall be held in each year, at the times and places following; but when any of said dates shall fall on Sunday, the term shall commence on the following day: The terms appointed by this section are changed, in many districts, by subsequent statutes establishing new districts or subdividing dis- tricts into divisions, which contain further provisions appointing terms of the courts-district courts as well as circuit courts—to be held in the particular districts or divisions, and relating to other special and local matters. Such provisions usually are connected inseparably with those establishing and dividing the various districts, and the terms of both circuit courts and district courts are appointed in nearly every in- stance to be held at the same times and places. They are set forth, therefore, with the other provisions of the same statutes, in chapter 1 of this Title, under the names of the States in alphabetical order. References to such later provisions are inserted here under the names of such States, respectively. Express amendments of provisions of this section are incorporated therein, as set forth here. And subsequent provisions relating to terms of the district courts in districts in which no divisions or other changes have been made are set forth at the end of this section. Provisions for special sessions for trial of criminal causes are con- tained in Rev. St. $$ 661, 662; and for adjourned or special terms, in Rev. St. $$ 663-670. Alabama. In and for the southern district of Alabama, at Mobile, * [Part of section omitted superseded. Act June 22, Act June 22, 1874, C. 401, § 6, and Act June 26, 1890, c. 631.] Act March 3, 1837, c. 34, § 2, 5 Stat. 177. Act Feb. 22, 1838, c. 12, § 1, 5 Stat. 210. Act Aug. 6, 1842, c. 180, § 1, 5 Stat. 507. Act April 12, 1844, c. 12, $ 3, 5 Stat. 655. Act March 1, 1845, c. 39, S 1, 5 Stat. 731. Act July 15, 1862, c. 178, § 1, 12 Stat. 576. But one circuit court for the three districts of Alabama having been established, under Rev. St. $ 608, terms thereof in the southern district were appointed by this section. On the establishment of sep- arate circuit courts for the middle district and the northern district, by Act June 22, 1874, c. 401, ante, under Rev. St. 8 608, terms for both the circuit court and the district courts in all three districts were appointed by section 6 of that act, ante, under Rev. St. $ 532; additional terms in the northern district at Birmingham are appointed by Act May 2, 1884, c. 38, $ 2, ante, under Rev. St. § 532; and the times for the terms in the southern district are again changed by Act June 26, 1890, c. 631, also set forth ante, under Rev. St. § 532. Arkansas. In and for the eastern district of Arkansas, at Little Rock, [Part of section omitted superseded. Act Feb. 20, 1897, c. 269, SS 3, 6, Act March 2, 1899, c. 350, and Act Jan. 16, 1901, c. 92.] Act March 3, 1837, c. 34, § 2, 5 Stat. 177. Act May 21, 1872, c. 176, § 1. 17 Stat. 135. A circuit court for the eastern district only of Arkansas having been * Sec. 658) - Tit. 13— THE JUDICIARY 531 — Ch. 8. established by Rev. St. $ 608, terms of the circuit court for that dis- trict were appointed by this section, the district court for the western district having circuit court powers by Rev. St. § 571, which were ex- tended to the district court for the eastern district at Helena on the transfer to the eastern district of the county in which Helena is situated, by Act Jan. 31, 1877, c. 41, 19 Stat. 230. On the establish- ment of a circuit court for the eastern district and the repeal of the provisions conferring circuit court powers on the district court by Act. Feb. 6, 1889, c. 113, terms of the circuit court were directed to be held at the times and places provided for holding the district court, including Helena, by section 1 of that act, ante, under Rev. St. § 608. Terms for the eastern district at Texarkana were appointed on the establishment of the Texarkana division in that district by Act Feb. 28, 1887, c. 273, 24 Stat. 428; but the times therefor were changed by Act March 7, 1890, c. 28, 26 Stat. 17. All these provisions are superseded by Act Feb. 20, 1897, c. 269, § 3, which appointed terms in the eastern district at Batesville, Helena, and Little Rock, and section 6, ante, under Rev. St. § 533, which appointed terms in the western district at Texarkana, transferred by that act to the western district, and at Fort Smith; but the times for the terms in the east- ern district are changed by Act March 2, 1899, c. 350, and again by Act Jan. 16, 1901, c. 92, also set forth ante, under Rev. St. § 533 California. [Superseded. Act Aug. 5, 1886, c. 928, $$ 2, 3, and Act May 25, 1896, c. 238.] This section appointed terms for the district of California, as then constituted, at San Francisco. The times therefor were changed by Act June 16, 1874, c. 287, 18 Stat. 76, and again by Act Feb. 18, 1876, c. 11, 19 Stat. 4. These provisions were superseded, on the division of the state into two districts by Act Aug. 5, 1886, c. 928, by the appointment by that act of terms in both districts, in the southern district at Los Angeles, by section 2, and in the northern district at San Francisco, by section 3, ante, following Rev. St. § 533; and the times for terms in the northern district are changed by Act May 25, 1896, c. 238; and additional terms in the southern district at Fresno are appointed by Act May 29, 1900, c. 594, $ 3, also set forth ante, following Rev. St. $ 533. Provisions for special sessions of the circuit courts are contained in Rev. St. § 664. Connecticut. In the district of Connecticut, at New Haven, on the fourth Tuesday in April; and at Hartford, on the third Tuesday in Septem- ber. Act April 13, 1792, c. 21, § 2, 1 Stat. 253. Act Feb. 24, 1843, c. 44, § 1, 5 Stat. 601. The time for one of the terms appointed by this section in the district of Connecticut at Hartford is changed by Act June 10, 1896, c. 394, set forth at the end of this section. Delaware. In the district of Delaware, at Wilmington, on the third Tuesdays in June and October. Act May 10, 1852, c. 33, § 1, 10 Stat. 5. Act June 14, 1856, c. 45, § 1, 11 Stat. 22. Florida. In the southern district of Florida, at Key West, on the first Mon- days in May and November. 532 (Sec. 658 Tit. 13– THE JUDICIARY —Ch. 8. [Part of In the northern district of Florida, at Tallahassee, on the first Monday in February; at Pensacola, on the first Monday in March; [Part of section omitted superseded. Act July 23, 1894, c. 149, § 2.] Act Feb. 23, 1847, c. 20, § 2, 9 Stat. 131. Act July 15, 1862, c. 178, § 1, 12 Stat. 576. Act July 27, 1868, c. 270, § 1, 15 Stat. 239. The terms appointed by this section for the northern district of Florida included a term at Jacksonville; but this provision is super- seded by Act July 23, 1894, c. 149, § 2, ante, under Rev. St. § 534, which extended the southern district to include Jacksonville and ap- pointed terms at that place; and other terms in that district at Tampa and Ocala, in addition to the terms at Key West appointed by this section, are appointed by later statutes, also set forth ante, under Rev. St. § 534. Georgia. In the southern district of Georgia, at Savannah, on the second Monday in April; and on the Thursday after the first Monday in November In the northern district of Georgia, at Atlanta, * * section omitted superseded. Act June 20, 1884, c. 106.] Act Jan. 21, 1829, c. 8, § 1, 4 Stat. 331. Act March 1, 1845, c. 39, § 1, 5 Stat. 731. Act Aug. 11, 1848, c. 151, $$ 4, 5, 8, 9 Stat. 280, 281. Act June 4, 1872, c. 284, § 3, 17 Stat. 218. In addition to the terms appointed by this section for the southern district of Georgia at Savannah, terms at Macon and Augusta are appointed by the statutes establishing divisions in the district, ante, under Rev. St. § 535. The times for the terms for the northern dis- trict at Atlanta fixed by this section are changed by Act June 20, 1884, c. 106, and other terms in the district at Columbus, Rome, and Athens, are appointed by various statutes establishing divisions in that district, also set forth ante, under Rev. St. $ 535. Illinois. In the northern district of Illinois, at Chicago, on the first Mon- day in July and the third Monday in December. In the southern district of Illinois, at Springfield, on the first Mondays in January and June. Act Feb. 19, 1855, c. 96, § 2, 10 Stat. 606. Act April 23, 1856, c. 18, § 1, 11 Stat. 4. On the division of the northern district of Illinois into a porthern division and a southern division by Act March 2, 1887, c. 315, the terms appointed by this section at Chicago were continued and other terms in the southern division were appointed by section 3 of that act, ante, under Rev. St. § 536. And in addition to the terms in the southern district at Springfield appointed by this section, terms at Quincy are appointed by Act Aug. 8, 1888, c. 788, and at Danville, by Act July 2, 1890, c. 651, ante, under Rev. St. $ 536. Indiana. In the district of Indiana, at Indianapolis, on the first Tuesday in May and November; and at New Albany, on the first Monday in January and July; and at Evansville, * [Part of section omit- ted superseded. Act June 23, 1874, c. 463.] Act March 10, 1838, c. 33, § 1, 5 Stat. 215. Act Feb. 20, 1863, c. 47, § 1, 12 Stat. 657. Act June 30, 1870, c. 180, § 1, 16 Stat. 175. The times appointed by this section for terms in the district of Indiana at Evansville are changed by Act June 23, 1874, c. 463, ante, following Rev. St. § 536; and additional terms at Fort Wayne are ap- Sec. 658) 533 Tit. 13—THE JUDICIARY —Ch. 8. pointed by Act March 3, 1881, c. 154, and at Hammond by Act Feb. 14, 1899, c. 155, also set forth ante, following Rev. St. § 536. Provisions for special terms of the circuit court are contained in Rev. St. $ 665. Iowa. [Superseded. Act July 20, 1882, c. 312, and Act Jan. 4, 1896, c. 3.] Terms were appointed by this section in the district of Iowa, as then constituted, at Des Moines; but by act June 4, 1880, c. 120, 21 Stat. 155, the circuit court was directed to be held at the times and places for holding the district court. On the division of the State into two districts and of the districts into divisions by Act July 20, 1882, c. 312, the terms of the circuit courts therein were directed to be held at the same places as the terms previously fixed, and terms at other places were appointed, by section 7 of that act, under Rev. St. $ 537. The times for these terms in the northern district were changed by Act April 19, 1888, c. 127, 25 Stat. 87; additional terms in another division in that district were appointed by Act Feb. 24, 1891, c. 282, ante, under Rev. St. § 537; and the times for these terms were changed again by Act Jan. 22, 1892, c. 1, 27 Stat. 1. But all these provisions are superseded by the appointment of terms in both districts by Act Jan. 4, 1896, c. 3, under Rev. St. § 537; in the northern district at Cedar Rapids, Dubuque, Sioux City, and Fort Dodge, by section 1 of that act, and in the southern district at Council Bluffs, Keokuk, and Des Moines, by section 2 thereof; and additional terms in another division in the southern district at Creston are appointed by Act June 1, 1900, c. 601, also set forth ante, under Rev. St. & 537. Kansas. In the district of Kansas, at Leavenworth, on the first Monday in June; and at the seat of government of the State, on the fourth Monday in November. Act Jan. 21, 1861, c. 20, § 5, 12 Stat. 128. Act Jan. 13, 1863, c. 9, § 1, 12 Stat. 634. Act May 21, 1872, c. 176, § 1, 17 Stat. 135. Act June 8, 1872, c. 341, 17 Stat. 334. In addition to the terms appointed by this section in the district of Kansas at Leavenworth and at the seat of government, one term in each year at Fort Scott was authorized by Act March 3, 1879, c. 177, ante, following Rev. St. § 537. On the subdivision of the district into two divisions by Act June 9, 1890, c. 403, additional terms at Wichita were appointed, and other terms were directed to be held as previously prescribed by section 1 of that act, ante, following Rev. St. § 537. And on the establishment of a third division by Act May 3, 1892, c. 59, terms therein at Fort Scott are appointed by section 1 of that act, ante, following Rev. St. § 537. But the times for one of the terms at Wichita and one at Fort Scott are changed by Act March 2, 1895, c. 177, also set forth ante, following Rev. St. § 537. Kentucky. [Superseded. Act Feb. 12, 1901, C. 355, $ 9.] The times for some of the terms appointed by this section in the district of Kentucky, as then constituted, at Covington, Louisville, Frankfort, and Paducah, were changed, with special provisions as to the length of the terms, by Act July 1, 1879, c. 59, 21 Stat. 45; and additional terms at Owensboro were appointed by Act Aug. 8, 1888, c. 792, § 1, ante, following Rev. St. $ 537; but all these provisions are superseded, on the division of the State into two districts by Act Feb. 12, 1901, c. 355, by the appointment, by section 9 of that act, ante, following Rev. St. $ 537, of terms for both districts,-for the western district at Louisville, Owensboro, Paducah, and Bowling Green, and for the eastern district at Frankfort, Covington, Richmond, and Lon- 534 (Sec. 658 Tit. 13—THE JUDICIARY —Ch. 8. don. See, as to the effect of the appointment by this act of terms at Owensboro on the terms previously appointed at that place, note under Act Feb. 12, 1901, c. 355, ante, following Rev. St. § 537. Provisions for special terms of the circuit courts are contained in Rev. St. § 665. Louisiana. In the district of Louisiana, at New Orleans, on the fourth Mon- day in April and the first Monday in November. Act March 1, 1845, c. 39, § 1, 5 Stat. 731. Act July 20, 1854, c. 99, § 2, 10 Stat. 307. Act July 23, 1866, c. 210, § 2, 14 Stat. 209. Act July 27, 1866, c. 280, § 1, 14 Stat. 300. The terms appointed by this section in the district of Louisiana, as then constituted, at New Orleans, were continued, on the division of the state into two districts, by Act March 3, 1881, c. 144, and terms in the western district at Opelousas, Alexandria, Shreveport, and Monroe, were appointed by sections 5, 6, of that act, ante, following Rev. St. § 537; and on the subdivision of the eastern district into two divisions by Act Aug. 13, 1888, c. 869, the terms at New Orleans were again continued, and terms at Baton Rouge were appointed by section 2 of that act, ante, following Rev. St. $ 537. The time for one of the terms at Shreveport was changed by Act May 18, 1900, c. 481, also set forth ante, following Rev. St. § 537. Maine. In the district of Maine, at Portland, on the twenty-third days of April and September. Act March 3, 1823, c. 41, § 1, 3 Stat. 774. Act Feb. 13, 1843, c. 32, § 1, 5 Stat. 600. Act Aug. 11, 1848, c. 154, § 1, 9 Stat. 282. Maryland. In the district of Maryland, at Baltimore, on the first Mondays in April and November. Act March 3, 1837, c. 34, § 2, 5 Stat. 177. Act July 7, 1838, c. 193, § 1, 5 Stat. 308. In addition to the terms appointed by this section for the district of Maryland at Baltimore, terms at Cumberland are appointed by Act March 21, 1892, c. 20, ante, following Rev. St. $ 537. Massachusetts. In the district of Massachusetts, at Boston, on the fifteenth days of May and October. Act March 26, 1812, c. 45, § 1, 2 Stat. 696. Michigan. In the eastern district of Michigan, at Detroit, on the first Tues- days in March, June, and November. In the western district of Michigan, at Grand Rapids, * [Part of section omitted superseded. , Act June 19, 1878, c. 326, § 2.] Act Feb. 24, 1863, c. 54, § 2, 12 Stat. 661. The appointment by this section of terms in the western district of Michigan at Grand Rapids was superseded, on the subdivision of that dis- trict into two divisions by Act June 19, 1878, c. 326, by section 2 of that act, ante, under Rev. St. $ 538, which appointed terms at other times at Grand Rapids and Marquette. Additional terms in the eastern district at Bay City were authorized by Act Feb. 28, 1887, c. 269, also set forth ante, under Rev. St. $ 538. On the subdivision of the eastern district by Act April 30, 1894, c. 66, the terms appointed by this section at De- troit were continued, and regular terms at Bay City were appointed by section 2 of that act, ante, under Rev. St. § 538. * Sec. 658) 535 Tit. 13— THE JUDICIARY —Ch. 8. Minnesota. [Superseded. Act April 26, 1890, c. 167.] The appointment by this section of terms in the district of Minnesota at St. Paul is superseded, on the subdivision of the district into six divi- sions by Act April 26, 1890, c. 167, by the appointment of terms in each division, at Winona, Mankato, St. Paul, Minneapolis, Duluth, and Fer- gus Falls, respectively, by sections 1, 4, of that act, ante, following Rev. St. 8 538. Mississippi. In the southern district of Mississippi, at Jackson, on the first Mondays in May and November. Act March 3, 1837, c. 34, $ 2, 5 Stat. 177. Act June 18, 1838, c. 115, 5 Stat. 247. Act Feb. 16, 1839, c. 27, $S 1, 2, 5 Stat. 317. A circuit court for the southern district only of Mississippi having been established by Rev. St. $ 608, terms of that court were appointed by this section, the district court for the northern district having circuit court powers by Rev. St. $ 571. On the establishment of a circuit court for the northern district and the repeal of the provisions conferring cir- cuit court powers on the district court by Act Feb. 6, 1889, c. 113, terms of the circuit court were directed to be held at the times and places pro- vided for holding the district court, by section 1 of that act, ante, under Rev. St. $ 608. Terms of the district court for the northern district at Oxford and Aberdeen had been appointed previously by Rev. St. § 572, and by Act June 15, 1882, c. 218, $ 2, ante, under Rev. St. $ 539. And in addition to the terms appointed by this section in the southern district at Jackson, terms in each division in the district are provided for by the acts establishing the divisions respectively; in the western division at Vicksburg, by Act Feb. 28, 1887, c. 279, $ 1; in the southern division at Mississippi City, by Act April 4, 1888, c. 58, § 1, changed to Biloxi by Act March 2, 1899, c. 351; and in the eastern division at Meridian, by Act July 18, 1894, c. 141, $ 1; ante, under Rev. St. § 539. Missouri. In the eastern district of Missouri, at Saint Louis, on the third Mondays in March and September. In the western district of Missouri, at Jefferson, * * [Part of section omitted superseded. Act April 19, 1892, c. 50, § 1.] Act May 21, 1872, c. 176, § 1, 17 Stat. 135. Act June 8, 1872, c. 334, 88 1, 2, 17 Stat. 282, 283. The terms appointed by this section in the eastern district of Mis- souri at Jefferson were continued on the establishment in that dis- trict of two divisions by Act Jan. 21, 1879, c. 20, 20 Stat. 263, and terms were provided for at Kansas City. And on the alteration of the districts and the further subdivision of each district by Act Feb. 28, 1887, c. 271, the terms previously appointed at St. Louis, Kansas City, and Jefferson were continued, and additional terms were appoint- ed, in the eastern district at Hannibal, in the western district at St. Joseph and Springfield, by section 3 of that act, amended by Act May 14, 1890, c. 202, ante, under Rev. St. 8 540, which superseded provisions of Act Sept. 26, 1888, c. 1040, 25 Stat. 497, changing the times of holding the terms fixed by said section 3 as originally enacted. But the times for terms in the western district were again changed by Act Aug. 29, 1890, c. 818, 26 Stat. 369, and that act was superseded by a further change thereof by Act April 19, 1892, c. 50, ante, under Rev. St. § 540. And on the establishment of a southwestern division in the southern dis- trict by Act Jan. 24, 1901, c. 164, terms in that division at Joplin were appointed by section 2 of that act, ante, under Rev. St. $ 540. Provisions for adjourned terms of the circuit courts are contained in Rev. St. 8 663. 536 (Sec. 658 Tit. 13—THE JUDICIARY —Ch. 8. Nebraska. [Superseded. Act Aug. 14, 1888, c. 891, and Act Aug. 3, 1894, c. 194.] The appointment by this section of terms in the district of Nebraska is superseded by Act Aug. 14, 1888, c. 891, ante, following Rev. St. $ 540, which appointed terms at Omaha, Lincoln, Hastings, and Norfolk. The times for these terms are changed by Act Aug. 3, 1894, c. 194, also set forth ante, following Rev. St. $ 540. Nevada. In the district of Nevada, at Carson City, * * * * [Part of section omitted superseded. Act June 16, 1874, c. 287, and Act Feb. 18, 1876, c. 11.] Act Feb. 27, 1865, c. 64, § 2, 13 Stat. 440. The times appointed by this section for terms in the district of Nevada were changed by Act June 16, 1874, c. 287, 18 Stat. 76, and again by Act Feb. 18, 1876, c. 11, set forth at the end of this section. Special provisions for special sessions of the circuit court are contained in Rev. St. 8 664. New Hampshire. In the district of New Hampshire, at Portsmouth, on the eighth day of May; and at Exeter on the eighth day of October. Act March 3, 1823, c. 41, § 1, 3 Stat. 773. The terms appointed by this section in the district of New Hampshire at Exeter were directed to be held at Concord by Act Feb. 23, 1881, c. 71, ante, following Rev. St. § 540; and additional terms at Littleton are appointed by Act March 10, 1892, c. 15, also set forth ante, follow- ing Rev. St. § 540. New Jersey. In the district of New Jersey, at Trenton, on the fourth Tuesdays in March and September. Act Sept. 24, 1789, c. 20, $ 5,1 Stat. 75. Act March 3, 1797, c. 27, $ 1, 1 Stat. 517. Act Aug. 12, 1848, c. 169, § 1, 9 Stat. 303. At each term in the district of New Jersey, civil cases set for trial or hearing at said term may be ordered to be heard or tried at Newark, by Act Aug. 8, 1888, c. 790, ante, following Rev. St. § 540. New York. In the northern district of New York, at Utica, on the first Tues- day of December; at Syracuse, on the first Tuesday of April; at Albany, on the second Tuesday of February. In the western district of New York, at Rochester, on the second Tuesday of May; at Canandaigua, on the second Tuesday in Septem- ber; at Buffalo, on the second Tuesday of November. In the southern district of New York, at the city of New York, on the first Monday in April and the third Monday in October; and for the trial of criminal causes and suits in equity, on the last Mon- day in February; and exclusively for the trial and disposal of criminal cases, and matters arising and pending in said court, on the second Wednesday in January, March, and May, on the third Wednesday in June, and on the second Wednesday in October and December : Provided, That the holding of any of the last-mentioned terms for criminal business shall not dispense with nor affect the holding of any other term of the court at the same time, and that the pend- Sec. 658) 537 Tit. 13— THE JUDICIARY —Ch. 8. * [Part ing of any other term of the court shall not prevent the holding of any of the said terms for criminal business. In the eastern district of New York, at Brooklyn, on the first Wednesday in every month. Act May 20, 1830, c. 213, $ 2, 4 Stat. 422. Act Feb. 10, 1832, c. 15, § 1, 4 Stat. 497. Act Aug. 8, 1846, c. 98, § 1, 9 Stat. 72. Act March 23, 1882, c. 48, § 2, 22 Stat. 32. Act May 12, 1900, c. 391, § 3, 31 Stat. 175. The appointment by this section of terms in the northern district of New York at Canandaigua, Albany, and Utica was changed as to the times for such terms by amendment of the section by Act March 23, 1882, c. 48, § 2, cited above. But on the establishment of the western district by Act May 12, 1900, c. 391, ante, under Rev. St. $ 541, this part of the section was repealed, and the two paragraphs relating to the northern district and the western district, respectively, as set forth here, were inserted in place thereof, by section 4 of that act. North Carolina. In the eastern district of North Carolina, at Raleigh, * of section omitted superseded. Act Aug. 9, 1894, C. 244, $ 3.] In the western district of North Carolina, at Greensborough, on the first Mondays in April and October; at Statesville, on the third Mondays in April and October; and at Asheville, on the first Mon- days in May and November. Act July 15, 1846, c. 38, 9 Stat. 38. Act Feb. 15, 1847, c. 9, 9 Stat. 126. Act June 4, 1872, c. 282, § 2, 17 Stat. 215. In addition to the terms appointed by this section for the eastern district of North Carolina at Raleigh, terms at Wilmington at the times fixed for terms of the district court at that place were authorized by Act Feb. 17, 1887, c. 137, 24 Stat. 406. But these provisions are super- seded by Act Aug. 9, 1894, c. 244, $ 3, ante, under Rev. St. $ 543, which appointed terms of the circuit court for the eastern district at Raleigh and Wilmington; and other terms at Newbern and Elizabeth City are appointed by Act June 6, 1900, c. 781, set forth at the end of this sec- tion. And in addition to the terms appointed by this section for the western district, terms at Charlotte are provided for by Act June 19, 1878, c. 322, ante, under Rev. St. $ 543. Ohio. In the northern district of Ohio, at Cleveland, * [Part of section omitted superseded. Act July 27, 1882, c. 351.] In the southern district of Ohio, at Cincinnati, on the first Tues- days in February, April, and October. Act Feb. 21, 1863, c. 49, 12 Stat. 657. Act July 7, 1870, c. 214, 16 Stat. 192. In addition to the terms appointed by this section in the northern dis- trict of Ohio at Cleveland, terms at Toledo were appointed on the sub- division of the district into two divisions by Act June 8, 1878, c. 169, § 1, ante, under Rev. St. $ 544; and the time for one of the terms at Cleveland was changed by Act July 27, 1882, c. 351, also set forth ante, under Rev. St. § 544. And in addition to the terms appointed by this section in the southern district at Cincinnati, terms at Columbus were appointed on the subdivision of that district into two divisions by Act Feb. 4, 1880, c. 18, § 2, ante, under Rev. St. § 544. Oregon. In the district of Oregon, at Portland, * * [Part of section omitted superseded. Act Feb. 18, 1876, c. 11.] Act Feb. 19, 1864, c. 11, § 1, 13 Stat. 4. The times appointed by this section for terms in the district of Ore- * 538 (Sec. 658 Tit. 13— THE JUDICIARY —Ch- . 8. gon were changed by Act June 16, 1874, c. 287, 18 Stat. 76, and again by Act Feb. 18, 1876, c. 11, set forth at the end of this section. Provisions for special sessions of the circuit court are contained in Rev. St. $ 664. Pennsylvania. In the eastern district of Pennsylvania, at Philadelphia, on the first Mondays in April and October. In the western district of Pennsylvania, at Erie, on the second Monday in January and third Monday in July; at Pittsburgh, on the second Mondays in May and November; and at Williamsport, [Part of section omitted superseded. Act March 2, 1901, c. 801.] Act March 3, 1797, c. 27, § 1, 1 Stat. 517. Act April 20, 1818, c. 108, $ 4, 3 Stat. 462. Act March 3, 1837, c. 34, $ 2, 5 Stat. 177. Act March 3, 1843, c. 97, § 1, 5 Stat. 628. Act March 3, 1851, c. 40, § 1, 9 Stat. 631. Act Feb. 21, 1871, c. 63, 16 Stat. 429. In addition to the terms appointed by this section for the western district of Pennsylvania at Pittsburg, Williamsport, and Erie, terms at Scranton were appointed by Act Aug. 5, 1886, c. 931, 24 Stat. 336; but these provisions for terms at Williamsport and Scranton are superseded by Act March 2, 1901, c. 801, ante, under Rev. St. $ 545, which estab- lishes a middle district, and appoints terms of the courts therein at Scran- ton, Williamsport, and Harrisburg. Rhode Island. In the district of Rhode Island, at Providence, on the fifteenth days of June and November. Act Feb. 22, 1867, c. 60, 8.1, 14 Stat. 399. South Carolina. [Superseded. Act April 26, 1890, c. 165, and Act Dec. 21, 1898, c. 32.] Terms of the circuit court were appointed by this section in the east- ern district only of South Carolina, at Charleston and Columbia, the district court for the western district having circuit court powers by Rev. St. $ 571. On the establishment of a circuit court for the western district and the repeal of the provisions conferring circuit court powers on the district court by Act Feb. 6, 1889, c. 113, terms of the circuit court were directed to be held at the times and places provided for hold- ing the district courts, by section 1 of that act, ante, under Rev. St. $ 608. All these provisions are superseded by Act April 26, 1890, c. 165, § 1, 26 Stat. 71, which appointed different terms, and Act Dec. 21, 1898, c. 32, ante, under Rev. St. § 546, which appointed terms in the western district at Greenville, and in the eastern district at Charleston and Columbia; and an additional term in the eastern district at Florence is appointed by Act May 10, 1900, c. 390, $ 2, also set forth ante, under Rev. St. § 546. Tennessee. In the eastern district of Tennessee, at Knoxville, on the second Mondays in January and July. In the middle district of Tennessee, at Nashville, on the third Mon- days in April and October. În the western district of Tennessee, at Memphis, on the fourth Mondays in May and November. Act June 25, 1868, c. 79, 81, 15 Stat. 80. In addition to the terms appointed by this section in the western dis- Sec. 658) 539 Tit. 13—THE JUDICIARY —Ch. 8. trict of Tennessee at Memphis, terms at Jackson, in the eastern division of the district, at such times as the judge should fix, were authorized by a provision of Act June 20, 1878, c. 359, § 1, ante, under Rev. St. 8 547, which subdivided the district into an eastern division and a west- ern division. So, also, on the subdivision of the eastern district into a northern division and a southern division by Act June 11, 1880, C. 203, terms at Chattanooga, in the southern division, were appointed by section 2 of that act, in addition to the terms at Knoxville appointed by this section. The times for the terms at Knoxville were changed by Act Feb. 27, 1896, c. 35, 29 Stat. 39, and again by Act Feb. 2, 1899, c. 83, ante, under Rev. St. § 547, which supersedes the previous provisions for terms at Knoxville. And on the establishment of a northeastern civision in the eastern district by Act Feb. 7, 1900, c. 10, ante, under Rev. St. § 547, terms at Greeneville in that division were appointed by section 2 of that act; but the times for said terms are changed by Act Jan. 19, 1901, c. 102, ante, under Rev. St. $ 547. Provisions for special terms of the circuit courts are contained in Rev. St. § 666. Texas. [Superseded. Act Feb. 24, 1879, c. 97, § 4, Act June 20, 1884, C. 102, Act April 7, 1892, c. 39, § 1, and Act June II, 1896, c. 422, § 1.] The appointment by this section of terms for the eastern district of Texas at Brownsville and Galveston, and for the western district at Austin and Tyler, was superseded, on the change in the boundaries of these districts and the establishment of a northern district by Act Feb. 24, 1879, c. 97, ante, under Rev. St. § 548, by section 4 of that act, which appointed terms for the northern district at Waco, Dallas, and Graham, for the eastern district at Galveston, Tyler, and Jefferson, and for the western district at Brownsville, San Antonio, and Austin. The times for these terms in the western district were changed, and additional terms appointed at El Paso, by amendments of said act, in- corporated therein as set forth under Rev. St. § 548; and additional terms for the western district at Laredo are appointed by Act March 2, 1899, c. 393, also set forth ante, under Rev. St. $ 548. So, also, the times fixed by Act Feb. 24, 1879, c. 97, § 4, for terms in the eastern district and the northern district were changed by Act June 20, 1884, c. 102, 23 Stat. 48; and additional terms for the eastern district at Paris were provided for by Act March 1, 1889, c. 333, $ 17, 25 Stat. 786. These provisions for terms in the eastern district are super- seded by Act April 7, 1892, c. 39, § 1, which appoints terms at Tyler, Jefferson, Galveston, and Paris; and additional terms for that district at Beaumont are provided for by Act Feb. 8, 1897, c. 178, $ 2, and additional terms at Sherman are authorized by Act Feb. 19, 1901, c. 382, $ 2, under Rev. St. $ 548. The appointment of terms in the northern district by Act June 20, 1884, c. 102, mentioned above, is superseded by Act June 11, 1896. c. 422, § 1, as amended by Act Feb. 10, 1900, c. 16, § 1, ante, under Rev. St. $ 548, which altered the division of the district, and appointed terms at Dallas, Waco, Fort Worth, Abilene, and San Antonio. Vermont. In the district of Vermont, at Burlington, on the fourth Tuesday in February; at Windsor, on the fourth Tuesday in July; and at Rutland, on the third day of October. Act March 3, 1797, c. 27, 8 1, 1 Stat. 517. Act March 22, 1816, c. 31, 88 1, 4, 3 Stat. 258. Act May 4, 1858, c. 28, § 1, 11 Stat. 272. Act Feb. 22, 1869, c. 43, § 1, 15 Stat. 274. Act June 5, 1874, c. 214, 18 Stat. 53. The times fixed by this section for the terms at Windsor and Rut- land are changed by Act June 5, 1874, c. 214, ante, following Rev. 540 (Sec. 658 Tit. 13– THE JUDICIARY - Ch. 8. St. § 548; and the adjournment of one term to Montpelier is author- ized by Act July 3, 1894, c. 123, also set forth ante, following Rev. St. $ 548. * * * * Virginia. In the eastern district of Virginia, at Richmond, on the first Mon- day in April and October; at Alexandria, on the first Monday in Jan- uary and July; and at Norfolk, on the first Monday in May and No- vember. In the western district of Virginia, at Danville, [Parts of section omitted superseded. Act Sept. 25, 1890, c. 922]; at Lynch- burgh, *; at Harrisonburgh, * *; and at Abingdon, * Act Feb. 3, 1871, c. 35, § 3, 16 Stat. 403. Act Feb. 1, 1872, c. 10, 17 Stat. 27. Act April 13, 1872, c. 99, 17 Stat. 52. The times fixed by this section for the terms in the western district of Virginia at Danville, Lynchburg, Abingdon, and Harrisonburg are changed by Act Sept. 25, 1890, c. 922, ante, under Rev. St. $ 549; and an additional term for the western district at Charlottesville is provided for by Act April 18, 1900, c. 245, also set forth ante, under Rev. St. § 549. West Virginia. [Superseded. Act Jan. 22, 1901, c. 105.] Terms of the circuit court were appointed by this section in the district of West Virginia at Parkersburg only, the district court hav- ing circuit court powers by Rev. St. § 571. The time for the terms was changed by Act Dec. 21, 1878, c. 9, 20 Stat. 259. An additional term in each year at Martinsburg was provided for by Act May 17, 1888, c. 261, 25 Stat. 151. On the repeal of the provisions conferring circuit court powers on the district court by Act Feb. 6, 1889, c. 113, terms of the circuit court were directed to be held at the times and places provided for holding the district court by section 1 of that act, ante, under Rev. St. $ 608. Terms were appointed at Wheeling, Clarks- burg, and Charleston, the time of the term at Martinsburg was changed, and the terms at Parkersburg were continued, by Act April 6, 1892, c. 36, 27 Stat. 14, and Act July 22, 1892, c. 227, 27 Stat. 254. But all provisions on the subject are superseded by Act Jan. 22, 1901, c. 105, $ 9, ante, following Rev. St. 8 549, which divides the State into a northern district and a southern district, and establishes divisions in each district, and terms of the courts therein. Wisconsin. In the eastern district of Wisconsin, at Oshkosh, * section omitted superseded. Act June 16, 1874, c. 286, and Act March 31, 1892, c. 28] ; and at Milwaukee, on the first Monday in January and October. In the western district of Wisconsin, at Madison, * * [Part of section omitted superseded. Act Aug. 5, 1886, c. 932] ; and at La Crosse on the third Tuesday in September. Act June 29, 1870, c. 175, $$ 2, 3, 16 Stat. 171. Act May 9, 1872, c. 143, § 1, 17 Stat. 88. The time fixed by this section for the term in the eastern district of Wisconsin at Oshkosh was changed by Act June 16, 1874, c. 286, 18 Stat. 75, and this is superseded by Act March 31, 1892, c. 28, ante, under Rev. St. § 550, amending this section; and the time for the term in the western district at Madison is changed, and an additional term at Eau Claire appointed, by Act Aug. 5, 1886, c. 932; and an additional term in that district at Superior is provided for by Act May 26, 1900, c. 591, ante, under Rev. St. $ 550. * [Part of Sec. 658) 541 Tit. 13—THE JUDICIARY —Ch. 8. ACT FEB. 18, 1876, c. 11. An Act Fixing the Time of Holding the Circuit Court of the United States in the Districts of California, Oregon, and Ne- , vada. (19 Stat. 4.) California, Oregon, and Nevada; times for terms of circuit courts. Be it enacted, &c., That a term of the circuit court of the United States for the districts of California, Oregon and Nevada shall be held as follows, namely: For the district of California, [Part of section omitted superseded. Act Aug. 5, 1886, c. 928, $$ 2, 3, 5S2 and Act May 29, 1900, c. 594, § 3]; for the district of Oregon, on the second Monday of April and the first Monday of October in each year; and for the district of Nevada, on the third Monday of March and the first Monday of November in each year. And the said terms respectively shall be in the place and stead of those now provided by law. Act Feb. 18, 1876, c. 11, § 1, 19 Stat. 4. The appointment by this section of terms for the district of Cali- fornia, as then constituted, changing the times for terms fixed by Act June 16, 1874, c. 287, 18 Stat. 76, was also superseded, on the divi- sion of the State into two districts by Act Aug. 5, 1886, c. 928, by the appointment of terms for both, districts by sections 2 and 3 of that act, ante, following Rev. St. § 533; and the times for terms in the northern district are changed by Act May 25, 1896, c. 238, and ad- ditional terms in the southern district are appointed by Act May 29, 1900, c. 594, § 3, also set forth ante, following Rev. St. § 533. Time of taking effect of act; repeal. Sec. 2. That this act shall take effect on the first day of March, eighteen hundred and seventy-six; and all provisions of law incon- sistent therewith are hereby repealed: * [Part of section omit- ted relates to terms in progress when act took effect.] Act Feb. 18, 1876, c. 11, § 2, 19 Stat. 4. * ACT JUNE 10, 1896, c. 394. An Act Changing the Time for Holding Circuit Court of the United States at Hartford, in the District of Connecticut. (29 Stat. 317.) Connecticut; time for term at Hartford. Be it enacted, &c., That a term of the United States circuit court in the district of Connecticut shall be held at Hartford, in said dis- trict, on the second Tuesday of October, eighteen hundred and nine- ty-six, and thereafter in each year on the second Tuesday of October, and that after the third Tuesday of September, eighteen hundred and ninety-six, the term of said circuit court now by law provided to be held annually on the third Tuesday in September shall be discon- tinued. Act June 10, 1896, c. 394, 29 Stat. 317. ACT JUNE 6, 1900, c. 781. An Act Establishing Terms of the United States Circuit Court at Newbern and Elizabeth City, North Carolina. (31 Stat. 274.) North Carolina; terms in eastern district. Be it enacted, etc., That terms of the circuit court of the United 542 (Secs. 658-662 Tit. 13— THE JUDICIARY —Ch. 8. States for the eastern judicial district of North Carolina shall be held at Newbern and Elizabeth City, in said district, at the times now fixed by law for holding the terms of the district court of the United States at said places, Newbern and Elizabeth City. Act June 6, 1900, c. 781, § 1, 31 Stat. 274. Time of taking effect of act. Sec. 2. That this Act shall take effect and be in force from and after its passage. Act June 6, 1900, c. 781, § 2, 31 Stat. 274. Sec. 659. Recognizances to a certain term in southern district of New York. All recognizances and bail-bonds taken in criminal cases for an appearance at a circuit court in the southern district of New York, conditioned upon an appearance at the next one of the terms ap- pointed by the act of February seven, eighteen hundred and seventy- three, shall be valid. Act Feb. 7, 1873, c. 120, § 2, 17 Stat. 423. This section is a temporary provision incident to a change by Act Feb. 7, 1873, c. 120, cited above, in the times for the terms of the circuit court. Sec. 660. Effect of altering terms of circuit courts. No action, suit, proceeding, or process in any circuit court shall abate or be rendered invalid by reason of any act changing the time of holding such court; but the same shall be deemed to be returnable to, pending, and triable in the terms established, next after the return day thereof. See all acts altering terms. Similar provisions relating to the district courts are contained in Rev. St. § 573. And many similar provisions relating to particular districts or divis s therein are contained in statutes establishing or subdividing districts and appointing terms of courts therefor, ante, un- der chapter 1 of this Title. Sec. 661. Special sessions for trial of criminal causes. Any circuit court may, at its own discretion, or at the discretion of the Supreme Court, hold special sessions for the trial of criminal causes. Act Sept. 24, 1789, c. 20, § 5, 1 Stat. 75. Provisions for adjourned or special terms are contained in Rev. St. 88 663-670. Monthly adjournments of terms of the district courts for the trial of criminal causes are authorized by Rev. St. & 578. Sec. 662. Special sessions for criminal trials near the place of the offense. The Supreme Court, or, when that court is not sitting, any circuit justice or circuit judge, together with the judge of the proper dis- Secs. 662-664) 543 Tit. 13—THE JUDICIARY —Ch. 8. trict, may direct special sessions of a circuit court to be held, for the trial of criminal causes, at any convenient place within the district nearer to the place where the offenses are said to be committed than the place appointed by law for the stated sessions. The clerk of such court shall, at least thirty days before the commencement of such special session, cause the time and place for holding it to be notified, for at least three weeks, consecutively, in one or more of the newspapers published nearest to the place where it is to be held. All process, writs, and recognizances respecting juries, witnesses, bail, or otherwise, which relate to the cases to be tried at such special sessions, shall be considered as belonging to such sessions, in the same manner as if they had been issued or taken in reference there- to. Any such session may be adjourned from time to time to any time previous to the next stated term of the court; and all business depending for trial at any special session shall, at the close thereof, be considered as removed to the next stated term. Act March 2, 1793, c. 22, § 3, 1 Stat. 334. Act April 10, 1869, c. 22, § 2, 16 Stat. 44. The trial of offenses punishable with death is required to be had in the county where the offense was committed, where that can be done without great inconvenience, by Rev. St. $ 729. Sec. 663. Adjourned terms; Missouri. The circuit courts for the several districts of Missouri may at any time order adjourned terms thereof. In the eastern district a copy of the order shall be posted on the door of the court-room, and shall be advertised in some newspaper printed in Saint Louis, and in the western district a copy of the order shall be posted on the door of the court-room, and advertised in some newspaper printed in the city of Jefferson, at least twenty days before the adjourned term is held. At such adjourned term any business may be transacted which might be transacted at a regular term. Act June 8, 1872, c. 334, § 3, 17 Stat. 283. Sec. 664. California, Oregon, and Nevada; special sessions. In the districts of California, Oregon, and Nevada the circuit jus- tice or circuit judge may appoint special sessions of the circuit courts, to be held at the places where the regular sessions are held, by an order under his hand and seal, directed to the marshal and clerk of such court at least fifteen days before the time fixed for the com- mencement of such special sessions. Said order shall be published by the marshal in one or more of the newspapers within the district where such sessions are to be held. Act Feb. 19, 1864, c. 11, $ 3, 13 Stat. 4. Act March 3, 1863, c. 100, § 1, 12 Stat. 794. Act Feb. 27, 1865, c. 64, § 2, 13 Stat. 440. Act April 10, 1869, c. 22, § 2, 16 Stat. 44. 544 (Secs. 665–668 Tit. 13– THE JUDICIARY —Ch. 8. Sec. 665. Kentucky and Indiana; special terms. In the districts of Kentucky and Indiana the district judge, and, in his absence, the circuit justice or circuit judge, may, by a written order to the clerk of the circuit court, appoint a special term of such court; and by said order the judge may prescribe the duties of the officers of the court in summoning juries, and in the performance of other acts necessary for the holding of such special term, or the court may, by its order, after it is opened, prescribe the duties of its officers, and the mode of proceeding, and any of the details thereof. Notice of such special term shall be given by the clerk, by posting a copy of said order on the front door of the court-house where the court is to be held, and by publishing the same in one or more news- papers in the same place. Act May 15, 1862, c. 71, § 2, 12 Stat. 386. Act June 30, 1870, c. 180, § 2, 16 Stat. 175. Sec. 666. Tennessee; special terms. In each of the districts of Tennessee the judges of the circuit court may appoint special terms thereof, to be held at the place where the regular terms are held; and notice of such special terms shall be published, for four consecutive weeks, in at least one newspaper printed at the place where the court is to be held. Act Jan. 26, 1864, c. 5, § 2, 13 Stat. 2. Sec. 667. North Carolina; special terms. In each of the districts of North Carolina the circuit court may order special terms thereof to be held at such times and places in said district as the court may designate: Provided, That no special term of the circuit court for either district shall be appointed, ex- cept by and with the concurrence and consent of the circuit judge. Act June 4, 1872, c. 282, § 4, 17 Stat. 215. Sec. 668. Virginia, Wisconsin; special terms. In each of the districts of Virginia and of Wisconsin the circuit court may order special terms, and direct a grand or petit jury, or both, to attend the same, by an order, to be entered of record twenty days before the day on which such special term is to convene: Pro- vided, That no special term of such circuit courts shall be appointed in any of the said districts, except by and with the concurrence and consent of the circuit judge. Act June 29, 1870, c. 176, § 4, 16 Stat. 171. Act Feb. 3, 1871, c. 35, 84, 16 Stat. 403. Secs. 669-671) 545 Tit. 13—THE JUDICIARY —Ch. 8. Sec. 669. Special terms; general rule. In the districts not mentioned in the five preceding sections, the presiding judge of any circuit court may appoint special sessions thereof, to be held at the places where the regular sessions are held. Act July 4, 1840, c. 43, § 2, 5 Stat. 393. Besides the provisions relating to particular districts contained in the five preceding sections referred to in this section, many similar provisions in statutes establishing or dividing districts are set forth as part of such statutes, ante, under chapter 1 of this Title. Provisions for adjourned or special terms of the district courts are contained in Rev. St. $$ 577-581; and also in statutes establishing or subdividing particular districts, referred to above. Sec. 670. Special terms; business transacted at. At any special term of a circuit court in any district in Indiana, Kentucky, Missouri, North Carolina, Virginia, and Wisconsin, any business may be transacted which might be transacted at any reg- ular term of such court. At any special term of a circuit court in any other district, it shall be competent for the court to entertain jurisdiction of and to hear and decide all cases in equity, cases in er- ror or on appeal, issues of law, motions in arrest of judgment, motion for a new trial, and all other motions, and to award executions and other final process, and to do and transact all other business, and direct all other proceedings, in all causes pending in the circuit court, except trying any cause by a jury, in the same way and with the same effect as the same might be done at any regular session of said court. Act May 15, 1862, c. 71, $ 2, 12 Stat. 386. Act June 30, 1870, c. 180, § 2, 16 Stat. 175. Act Feb. 21, 1855, c. 118, § 3, 10 Stat. 612. Act June 29, 1870, c. 175, § 4, 16 Stat. 171. Act Feb. , 1871, c. 35, $ 4, 16 Stat. 403. Act July 4, 1840, c. 43, $ 2, 5 Stat. 393. Act Jan. 26, 1864, c. 5, $ 2, 13 Stat. 2. Act Feb. 19, 1864, c. 11, § 3, 13 Stat. 4. Act Feb. 27, 1865, c. 64, & 7, 13 Stat. 440. Act June 4, 1872, c. 282, § 4, 17 Stat. 215. Sec. 671. Adjournment in absence of the judges. If neither of the judges of a circuit court is present to open any session, the marshal may adjourn the court from day to day until a judge is present: Provided, That if neither of them attends before the close of the fourth day after the time appointed for the com- mencement of the session, the marshal may adjourn the court to the next regular term. Act Sept. 24, 1789, c. 20, § 6, 1 Stat. 76. Act May 19, 1794, c. 32, 1 Stat. 369. Act April 10, 1869, c. 22, & 2, 16 Stat. 44. LAWS '01-35 546 (Sec. 672 Tit. 13-THE JUDICIARY — Ch. 8A. Sec. 672. Adjournment in absence of the judges, by written order. If neither of the judges of a circuit court be present to open and adjourn any regular or adjourned or special session, either of them may, by a written order, directed alternatively to the marshal, and, in his absence, to the clerk, adjourn the court from time to time, as the case may require, to any time before the next regular term. Act July 4, 1840, c. 43, § 1, 5 Stat. 392. Act Jan. 18, 1839, c. 3, 89, 5 Stat. 314. Provisions for adjournment of district courts in case of nonattendance of the judge are contained in Rev. St. 88 583-585. [CHAPTER EIGHT A.] [Circuit Courts of Appeals.] Act March 3, 1891, c. 517. 1. [Relates to appointment of circuit judges.] 2. Circuit courts of appeals estab- lished; powers, proceedings, offi- cers, costs and fees, and rules. 3. Courts, by whom to be held; terms. 4. Appeals, etc., from district courts to circuit courts; circuit courts to have no appellate jurisdic- tion. 5. Appeals or writs of error from district courts or circuit courts to Supreme Court. 6. Appellate jurisdiction of circuit courts of appeals; questions certified to Supreme Court; cer- tiorari from Supreme Court; appeals or writs of error to Su- preme Court. 7. Appeals to circuit courts of ap- peals from interlocutory orders or decrees granting or continu- ing injunction or appointing re ceiver. 8. Expenses of judge attending cir- cuit court of appeals. 9. Court rooms; compensation of officers. 10. Remand of cases on determina- tion on appeal, etc., by Supreme Court or by circuit court of ap- peals. 11. Time and proceedings for appeal or writ of error for review in circuit court of appeals. 12. Powers of circuit courts of ap- peals to issue writs. 13. Appeals and writs of error from decisions of United States court in Indian Territory. 14. Repeal. 15. Appeals and writs of error from supreme court of Territories. Res. March 3, 1891, No. 17. Time for first meetings of courts; jurisdiction of pending cases. Act July 16, 1892, c. 196, § 1. Duties of marshals of circuit courts of appeals to be performed by marshals for districts. Act Feb. 8, 1896, c. 14. Jurisdiction of circuit court of ap- peals for eighth circuit on writ of error or appeal from United States court in Indian Territory. Act May 28, 1896, c. 252, $ 1. Terms of court for ninth circuit; messenger of court for eighth cir- cuit. Act Jan. 20, 1897, c. 68. Jurisdiction on appeal or writ of er- ror in criminal cases. Act Feb. 19, 1897, c. 263. Costs and fees in circuit courts of appeals. Tit. 13—THE JUDICIARY —Ch. 81. 547 ACT MARCH 3, 1891, c. 517. [As amended 1895, 1897, 1900.] An Act to Establish Circuit Courts of Appeals and to Define and Regulate in certain cases the Jurisdiction of the Courts of the United States, and for other Purposes. (26 Stat. 826.) Be it enacted, etc. [Section 1 provides for the appointment of an additional circuit judge in each circuit.] This section provides for the appointment in each circuit of an ad- ditional circuit judge, who shall have the same qualifications and the same power and jurisdiction as the circuit judges under previously existing laws. It is therefore set forth under Rev. St. § 607, which provides for the appointment of one circuit judge in each circuit. Further special provisions for the appointment of additional circuit judges in the second, third, fifth, sixth, seventh, eighth, and ninth circuits, respectively, are also set forth under Rev. St. 8 607. Circuit courts of appeals established; powers, proceedings, officers, costs and fees, and rules. Sec. 2. That there is hereby created in each circuit a circuit court of appeals, which shall consist of three judges, of whom two shall constitute a quorum, and which shall be a court of record with appel- late jurisdiction, as is hereafter limited and established. Such court shall prescribe the form and style of its seal and the form of writs and other process and procedure as may be conformable to the ex- ercise of its jurisdiction as shall be conferred by law. It shall have the appointment of the marshal of the court with the same duties and powers under the regulations of the court as are now provided for the marshal of the Supreme Court of the United States, so far as the same may be applicable. The court shall also appoint a clerk, who shall perform and exercise the same duties and powers in re- gard to all matters within its jurisdiction as are now exercised and performed by the clerk of the Supreme Court of the United States, so far as the same may be applicable. The salary of the marshal of the court shall be twenty-five hundred dollars a year, and the salary of the clerk of the court shall be three thousand dollars a year, to be paid in equal proportions quarterly. The costs and fees in each circuit court of appeals shall be fixed and established by said court in a table of fees, to be adopted within three months after the passage of this act: Provided, that the costs and fees so fixed by any court of appeals shall not, with respect to any item, exceed the costs and fees now charged in the Supreme Court; and the same shall be expended, accounted for, and paid for, and paid over to the Treasury Department of the United States in the same manner as is provided in respect of the costs and fees in the Supreme Court. The court shall have power to establish all rules and regulations for the conduct of the business of the court within its jurisdiction as conferred by law. Act March 3, 1891, c. 517, § 2, 26 Stat. 826. Act July 16, 1892, c. 196, § 1, 27 Stat. 222. Act Feb. 19, 1897, c. 263, 29 Stat. 536. So much of this section as authorizes the appointment of a marshal is repealed by Act July 16, 1892, c. 196, § 1, set forth below. And in the eighth circuit, the appointment of a messenger of the court, who shall also perform the duties of librarian and crier, is author- ized by Act May 28, 1896, c. 252, § 1, also set forth below. The first sentence of the clause of this section relating to costs and 548 Tit. 13—THE JUDICIARY—Ch. 8 A. fees, which, as originally enacted, read, "The costs and fees in the Supreme Court now provided for by law shall be costs and fees in the circuit courts of appeals,” is amended to read as set forth here, and a revision by the Supreme Court of the table of fees fixed by each circuit court of appeals is provided for, by Act Feb. 19, 1897, c. 263, set forth below. Provisions for returns by the clerks of the circuit courts of appeals of their fees, and for the settlement of their accounts, are contained in Act June 6, 1900, c. 791, § 1, post, following Rev. St. $ 846. Courts, by whom to be held; terms. Sec. 3. That the Chief-Justice and the associate justices of the Supreme Court assigned to each circuit, and the circuit judges within each circuit, and the several district judges within each circuit, shall be competent to sit as judges of the circuit court of appeals within their respective circuits in the manner hereinafter provided. In case the Chief-Justice or an associate justice of the Supreme Court should attend at any session of the circuit court of appeals he shall preside, and the circuit judges in attendance upon the court in the absence of the Chief-Justice or associate justice of the Supreme Court shall preside in the order of the seniority of their respective commissions. In case the full court at any time shall not be made up by the at- tendance of the Chief-Justice or an associate justice of the Supreme Court and circuit judges, one or more district judges within the cir- cuit shall be competent to sit in the court according to such order or provision among the district judges as either by general or par- ticular assignment shall be designated by the court: Provided, That no justice or judge before whom a cause or question may have been tried or heard in a district court, or existing circuit court, shall sit on the trial or hearing of such cause or question in the circuit court of appeals. A term shall be held annually by the circuit court of appeals in the several judicial circuits at the following places: In the first cir- cuit, in the city of Boston; in the second circuit, in the city of New York; in the third circuit, in the city of Philadelphia ; in the fourth circuit, in the city of Richmond; in the fifth circuit, in the city of New Orleans; in the sixth circuit, in the city of Cincinnati; in the seventh circuit, in the city of Chicago; in the eighth circuit, in the city of Saint Louis ; in the ninth circuit, in the city of San Francisco; and in such other places in each of the above circuits as said court may from time to time designate. The first terms of said courts shall be held on the second Monday in January eighteen hundred and ninety-one, and thereafter at such times as may be fixed by said courts Act March 3, 1891, c. 517, § 3, 26 Stat. 827. The time fixed by this section for the first terms of the circuit courts of appeals was changed by Res. March 3, 1891, No. 17, set forth below. Terms in the ninth circuit, additional to the terms at San Francisco provided for by this act, to be held at two other places in the circuit, are provided for by Act May 28, 1896, c. 252, § 1, set forth below. Appeals, etc., from district courts to circuit courts; circuit courts to have no appellate jurisdiction. Sec. 4. That no appeal, whether by writ of error or otherwise, Tit. 13— THE JUDICIARY —Ch. 8A. 549 shall hereafter be taken or allowed from any district court to the existing circuit courts, and no appellate jurisdiction shall hereafter be exercised or allowed by said existing circuit courts, but all appeals by writ of error otherwise, from said district courts shall only be sub- ject to review in the Supreme Court of the United States or in the circuit court of appeals hereby established, as is hereinafter provided, and the review, by appeal, by writ of error, or otherwise, from the existing circuit courts shall be had only in the Supreme Court of the United States or in the circuit courts of appeals hereby established according to the provisions of this act regulating the same. Act March 3, 1891, c. 517, § 4, 26 Stat. 827. Appeals or writs of error from district courts or circuit courts to Su- preme Court. Sec. 5. That appeals or writs of error may be taken from the dis- trict courts or from the existing circuit courts direct to the Supreme Court in the following cases : In any case in which the jurisdiction of the court is in issue; in such cases the question of jurisdiction alone shall be certified to the Supreme Court from the court below for decision. From the final sentences and decrees in prize causes. In cases of conviction of a capital crime. In any case that involves the construction or application of the Constitution of the United States. In any case in which the constitutionality of any law of the United States, or the validity or construction of any treaty made under its authority, is drawn in question. In any case in which the constitution or law of a State is claimed to be in contravention of the Constitution of the United States. Nothing in this act shall affect the jurisdiction of the Supreme Court in cases appealed from the highest court of a State, nor the construction of the statute providing for review of such cases. Act March 3, 1891, c. 517, § 5, 26 Stat. 827. Act Jan. 20, 1897, c. 68, 29 Stat. 492. The provision of this section for appeals and writs of error to the Supreme Court in criminal cases, which, as originally enacted, read, “In cases of conviction of a capital or otherwise infamous crime,” is amended, by striking out the words "or otherwise infamous," to read as set forth here, and appeals and writs of error to the circuit courts of appeals in cases of conviction of an infamous crime not capital are authorized by Act Jan. 20, 1897, c. 68, set forth below. Special provisions for appeals to the circuit courts of appeals from awards on arbitrations between carriers and their employés, under Act June 1, 1898, c. 370, are contained in section 4 of that act, post, under Title LVI C, “National Trade Unions, and Controversies between Car- riers and their Employés." Appellate jurisdiction in bankruptcy proceedings, and jurisdiction to superintend and revise the proceedings of the inferior courts of bank- ruptcy, are given to the circuit courts of appeals by the Bankruptcy Act of 1898, Act July 1, 1898, c. 541, $$ 24, 25, post, under Title LXI, “Bankruptcy." Appellate jurisdiction of circuit courts of appeals; questions certified to Supreme Court; certiorari from Supreme Court; appeals or writs of error to Supreme Court. Sec. 6. That the circuit courts of appeals established by this act 550 Tit. 13— THE JUDICIARY —Ch. 8A. shall exercise appellate jurisdiction to review by appeal or by writ of error final decision in the district court and the existing circuit courts in all cases other than those provided for in the preceding section of this act, unless otherwise provided by law, and the judg- ments or decrees of the circuit courts of appeals shall be final in all cases in which the jurisdiction is dependent entirely upon the oppo- site parties to the suit or controversy, being aliens and citizens of the United States or citizens of different States; also in all cases arising under the patent laws, under the revenue laws, and under the crim- inal laws and in admiralty cases, excepting that in every such sub- ject within its appellate jurisdiction the circuit court of appeals at any time may certify to the Supreme Court of the United States any questions or propositions of law concerning which it desires the instruction of that court for its proper decision. And thereupon the Supreme Court may either give its instruction on the questions and propositions certified to it, which shall be binding upon the circuit courts of appeals in such case, or it may require that the whole record and cause may be sent up to it for its consideration, and thereupon shall decide the whole matter in controversy in the same manner as if it had been brought there for review by writ of error or appeal. And excepting also that in any such case as is hereinbefore made final in the circuit court of appeals it shall be competent for the Supreme Court to require, by certiorari or otherwise, any such case to be certified to the Supreme Court for its review and determination with the same power and authority in the case as if it had been car- ried by appeal or writ of error to the Supreme Court. In all cases not hereinbefore, in this section, made final there shall be of right an appeal or writ of error or review of the case by the Supreme Court of the United States where the matter in controversy shall exceed one thousand dollars besides costs. But no such appeal shall be taken or writ of error sued out unless within one year after the entry of the order, judgment, or decree sought to be reviewed. Act March 3, 1891, c. 517, § 6, 26 Stat. 828. Appeals to circuit courts of appeals from interlocutory orders or de- crees granting or continuing injunction or appointing receiver. Sec. 7. That where, upon a hearing in equity in a district court or in a circuit court, or by a judge thereof in vacation, an injunction shall be granted or continued or a receiver appointed, by an interlocutory order or decree, in a cause in which an appeal from a final decree may be taken under the provisions of this Act to the circuit court of appeals, an appeal may be taken from such interlocutory order or decree granting or continuing such injunction or appointing such receiver to the circuit court of appeals: Provided, That the appeal must be taken within thirty days from the entry of such order or decree, and it shall take precedence in the appellate court; and the proceedings in other respects in the court below shall not be stayed, unless otherwise ordered by that court, or by the appellate court or a judge thereof, during the pendency of such appeal: Provided fur- Tit. 13— THE JUDICIARY —Ch. 8A. 551 ther, That the court below may in its discretion require as a condition of the appeal an additional bond. Act March 3, 1891, c. 517, § 7, 26 Stat. 828. Act Feb. 18, 1895, c. 96, 28 Stat. 666. Act June 6, 1900, c. 803, 31 Stat. 660. This section, as originally enacted, authorized appeals to the circuit courts of appeals from interlocutory orders or decrees granting or con- tinuing an injunction, as follows: "That where, upon a hearing in equity in a district court, or in an existing circuit court, an injunction shall be granted or continued by an interlocutory order or decree, in a cause in which an appeal from a final decree may be taken under the provisions of this act to the cir- cuit court of appeals, an appeal may be taken from such interlocutory order or decree granting or continuing such injunction to the circuit court of appeals: Provided, That the appeal must be taken within thirty days from the entry of such order or decree, and it shall take precedence in the appellate court; and the proceedings in other re- spects in the court below shall not be stayed unless otherwise ordered by that court during the pendency of such appeal.” This section was amended by Act Feb. 18, 1895, c. 96, cited above, so as to authorize appeals also from interlocutory orders or decrees refusing, dissolving, or refusing to dissolve an injunction, with a fur- ther proviso authorizing the requirement, as a condition of the appeal, of an additional injunction bond, as follows: "That where, upon a hearing in equity in a district court or a cir- cuit court, an injunction shall be granted, continued, refused, or dis- solved by an interlocutory order or decree or an application to dissolve an injunction shall be refused in a case in which an appeal from a final decree may be taken under the provisions of this Act to the cir- cuit court of appeals, an appeal may be taken from such interlocutory order or decree granting, continuing, refusing, dissolving, or refusing to dissolve an injunction to the circuit court of appeals: Provided, That the appeal must be taken within thirty days from the entry of such order or decree, and it shall take precedence in the appellate court; and the proceedings in other respects in the court below shall not be stayed unless otherwise ordered by that court during the pendency of such appeal: And provided further, That the court below may in its discretion require as a condition of the appeal, an additional injunction bond." But this amendment is superseded by the subsequent amendment of this section to read as it is set forth here, by Act June 6, 1900, c. 803, cited above, which omits the provisions of the previous amend- ment for appeals from interlocutory orders or decrees refusing, dis- solving, or refusing to dissolve an injunction, while it adds provisions for appeals from such orders or decrees appointing a receiver, and also adds to the first proviso a clause authorizing a stay of proceed- ings in the court below by order of the appellate court or a judge thereof. Expenses of judge attending circuit court of appeals. Sec. 8. That any justice or judge, who, in pursuance of the provi- sions of this act, shall attend the circuit court of appeals held at any place other than where he resides shall, upon his written cer- tificate, be paid by the marshal of the district in which the court shall be held his reasonable expenses for travel and attendance, not to exceed ten dollars per day, and such payments shall be allowed the marshal in the settlement of his accounts with the United States. Act March 3, 1891, c. 517, § 8, 26 Stat. 828. Provisions similar to those of this section, for payment of the ex- penses of district judges holding court outside their districts, are re- ferred to under Rev. St. 88 554, 596, 597, 613. 552 Tit. 13— THE JUDICIARY—Ch. 8A. Court rooms; compensation of officers. Sec. 9. That the marshals of the several districts in which said circuit court of appeals may be held shall, under the direction of the Attorney-General of the United States, and with his approval, pro- vide such rooms in the public buildings of the United States as may be necessary, and pay all incidental expenses of said court, including criers, bailiffs, and messengers: Provided, however, That in case proper rooms can not be provided in such buildings, then the said marshals, with the approval of the Attorney-General of the United States, may, from time to time, lease such rooms as may be necessary for such courts. That the marshals, criers, clerks, bailiffs, and mes- sengers shall be allowed the same compensation for their respective services as are allowed for similar services in the existing circuit courts. Act March 3, 1891, c. 517, § 9, 26 Stat. 829. Remand of cases on determination on appeal, etc., by Supreme Court or by circuit court of appeals. Sec. 10. That whenever on appeal or writ of error or otherwise a case coming directly from the district court or existing circuit court shall be reviewed and determined in the Supreme Court the cause shall be remanded to the proper district or circuit court for further proceedings to be taken in pursuance of such determination. And whenever on appeal or writ of error or otherwise a case coming from a circuit court of appeals shall be reviewed and determined in the Supreme Court the cause shall be remanded by the Supreme Court to the proper district or circuit court for further proceedings in pursuance of such determination. Whenever on appeal or writ of error or otherwise a case coming from a district or circuit court shall be reviewed and determined in the circuit court of appeals in a case in which the decision in the circuit court of appeals is final such cause shall be remanded to the said district or circuit court for further pro- ceedings to be there taken in pursuance of such determination. Act March 3, 1891, c. 517, § 10, 26 Stat. 829. Time and proceedings for appeal or writ of error for review in circuit court of appeals. Sec. II. That no appeal or writ of error by which any order, judg- ment, or decree may be reviewed in the circuit court of appeals under the provisions of this act shall be taken or sued out except within six months after the entry of the order, judgment, or decree sought to be reviewed: Provided however, That in all cases in which a lesser time is now by law limited for appeals or writs of error such limits of time shall apply to appeals or writs of error in such cases taken to or sued out from the circuit courts of appeals. And all provi- sions of law now in force regulating the methods and system of re- view, through appeals or writs of error, shall regulate the methods and system of appeals and writs of error provided for in this act in respect of the circuit courts of appeals, including all provisions for bonds or other securities to be required and taken on such appeals and writs of error, and any judge of the circuit courts of appeals, in respect of cases brought or to be brought to that court, shall have a Tit. 13— THE JUDICIARY—Ch. 8A. 553 the same powers and duties as to the allowance of appeals or writs of error, and the conditions of such allowance, as now by law belong to the justices or judges in respect of the existing courts of the United States respectively. Act March 3, 1891, c. 517, § 11, 26 Stat. 829. Powers of circuit courts of appeals to issue writs. Sec. 12. That the circuit court of appeals shall have the powers specified in section seven hundred and sixteen of the Revised Statutes of the United States. Act March 3, 1891, c. 517, § 12, 26 Stat. 829. The powers specified in Rev. St. $ 716, referred to in this section, are the powers given to the courts to issue writs of scire facias, and all writs not specifically provided for, necessary for the exercise of their respective jurisdictions, and agreeable to the usages and prin- ciples of the law. Appeals and writs of error from decisions of United States court in Indian Territory. Sec. 13. Appeals and writs of error may be taken and prosecuted. from the decisions of the United States court in the Indian Territory to the Supreme Court of the United States, or to the circuit court of appeals in the eighth circuit, in the same manner and under the same regulations as from the circuit or district courts of the United States, under this act. Act March 3, 1891, c. 517, § 13, 26 Stat. 829. The provisions of this section, relating to appeals and writs of error from the decisions of the United States court in the Indian Territory, may be regarded as wholly superseded, or, at least, greatly modified in their operation, by the provisions of Act March 1, 1895, c. 145, 28 Stat. 693. Section 11 of that act establishes a court of appeals in the territory, with appellate jurisdiction over the courts therein, and provides for writs of error and appeals from final decrees of said ap- pellate court to the circuit court of appeals for the eighth circuit, without mention of appeals or writs of error to the Supreme Court of the United States, authorized by section 13 of this act. A later provision, extending the jurisdiction of the circuit court of appeals for the eighth circuit to cases pending therein upon writ of error or ap- peal from the United States court in the Indian Territory, where jurisdiction would have vested in the circuit court of appeals but for Act March 1, 1895, mentioned above, is contained in Act Feb. 8, 1896, c. 14, set forth below. This provision tends to support the implica- tion that section 13 of this act is repealed or superseded by said Act March 1, 1895, c. 145. Repeal. Sec. 14. That section six hundred and ninety-one of the Revised Statutes of the United States and section three of an act entitled “An act to facilitate the disposition of cases in the Supreme Court, and for other purposes," approved February sixteen, eighteen hun- dred and seventy-five, be, and the same are hereby repealed. And all acts and parts of acts relating to appeals or writs of error in- consistent with the provisions for review by appeals or writs of er- ror in the preceding sections five and six of this act are hereby re- pealed. Act March 3, 1891, c. 517, § 14, 26 Stat. 829. Rev. St. § 691, repealed by this section, provided for the review of 554 Tit. 13—THE JUDICIARY — Ch. 8A. judgments of circuit courts in civil actions, when the matter in dis- pute exceeded the sum or value of $2,000, by the Supreme Court on writ of error. Section 3 of Act Feb. 16, 1875, c. 77, ante, under Rev. St. § 649, which is also repealed by this section, increased the amount required in order that judgments and decrees of circuit courts should be reviewed in the Supreme Court, from $2,000 to $5,000. But the jurisdiction of the Supreme Court and of the circuit courts in cases where the writ of error or the appeal was sued out or taken before July 1, 1891, was saved by Res. March 3, 1891, No. 17, set forth below. Appeals and writs of error from supreme courts of Territories. Sec. 15. That the circuit court of appeal in cases in which the judgments of the circuit courts of appeal are made final by this act shall have the same appellate jurisdiction, by writ of error or appeal, to review the judgments, orders, and decrees of the supreme courts of the several Territories as by this act they may have to review the judgments, orders, and decrees of the district court and circuit courts ; and for that purpose the several Territories shall, by orders of the Supreme court, to be made from time to time, be assigned to par- ticular circuits. Act March 3, 1891, c. 517, § 15, 26 Stat. 830. This section providing for reviews by the circuit courts of appeals of judgments, etc., of Territorial courts in certain cases, leaves the review of judgments and decrees of those courts in other cases to be governed by the provisions relating thereto of Rev. St. 8 702, which authorize such review by the Supreme Court, and subsequent statutes, particularly Act March 3, 1885, c. 355, post, under Rev. St. $ 702, which increases the amount of the sum or value of the matter in dispute, requisite for an appeal or writ of error, from $2,000 to $5,000. RES. MARCH 3, 1891, No. 17. Joint Resolution to Provide for the Organization of the Circuit Courts of Appeals. (26 Stat. 1115.) Time for first meetings of courts; jurisdiction of pending cases. Resolved, &c., That the first meetings of the several circuit courts of appeals mentioned in the act of Congress passed at this present session, entitled "An act to establish circuit courts of appeals and to define and regulate in certain cases the jurisdiction of the courts of the United States, and for other purposes,” shall be held on the third Tuesday in June, A. D. eighteen hundred and ninety-one; and if, from any casualty, the first meeting of any of said courts shall fail to be so held on that day, the first meeting of any such court so failing to be held, shall be held on such day subsequent thereto as the chief justice, or any justice of the Supreme Court of the United States assigned to such circuit, shall direct: and be it further re- solved, That nothing in said act shall be held or construed in any- wise to impair the jurisdiction of the Supreme Court or any circuit court of the United States in any case now pending before it, or in respect of any case wherein the writ of error or the appeal shall have been sued out or taken to any of said courts before the first day of July, anno Domini, eighteen hundred and ninety-one. Res. March 3, 1891, No. 17, 26 Stat. 1115. This resolution changed to a later date the time fixed by Act March Tit. 13—THE JUDICIARY—Ch. 8A. 555 3, 1891, c. 517, § 3, set forth above, for the first terms of the circuit courts of appeals, and extended until after that date the time within which appeals and writs of error might be taken to the circuit courts or to the Supreme Court, instead of to the circuit courts of appeals under section 4 of that act. ACT JULY 16, 1892, c. 196, § 1. Duties of marshals of circuit courts of appeals to be performed by marshals for districts. That so much of section two of the act approved March third, eighteen hundred and ninety one, to establish circuit courts of ap- peals as authorizes the appointment of a marshall to each of said courts at a salary of two thousand five hundred dollars be and the same is hereby, repealed, and the duties and powers imposed upon said marshals under the said act shall be performed by the United States marshals in and for the districts where terms of said courts may be held, and to this end said marshals shall be the marshals of said courts of appeals. Act July 16, 1892, c. 196, § 1, 27 Stat. 222. This is a provision of the legislative, executive, and judicial appro- priation act for the fiscal year ending June 30, 1893, cited above. ACT FEB. 8, 1896, c. 14. An Act to Extend the Jurisdiction of the United States Circuit Court of Appeals, Eighth Circuit, over certain Suits now Pend- ing therein on Appeal and Writ of Error from the United States Court in the Indian Territory. (29 Stat. 6.) Jurisdiction of circuit court of appeals for eighth circuit on writ of error or appeal from United States court in Indian Territory, Be it enacted, &c., That the jurisdiction of the United States cir- cuit court of appeals for the eighth judicial circuit be, and is hereby, extended to all suits at law or equity now pending therein upon writ of error to or appeal from the United States court in the Indian Ter- ritory in all cases wherein such writ of error or appeal would have vested jurisdiction in said circuit court of appeals but for the Act of Congress approved March first, eighteen hundred and ninety-five, entitled “An Act to provide for the appointment of additional judges of the United States court in the Indian Territory, and for other pur- poses." Act Feb. 8, 1896, c. 14, 29 Stat. 6. Act March 1, 1895, c. 145, referred to in this act, by section 11 thereof establishes a court of appeals in the Indian Territory, with appellate jurisdiction over the courts therein, and provides for writs of error and appeals from final decisions of said appellate court to the circuit court of appeals for the eighth circuit. The jurisdiction of the circuit court of appeals, under Act March 3, 1891, c. 517, § 13, set forth above, having been thus transferred, wholly or in part, to the court of appeals in the Indian Territory, is saved by this act as to cases pending in the circuit court of appeals at the time of its passage. 556 Tit. 13— THE JUDICIARY-Ch. 8A. ACT MAY 28, 1896, c. 252, $ 1. Terms of court for ninth circuit; messenger of court for eighth cir- cuit. Circuit courts : That in the ninth judicial circuit in addı- tion to the term or terms held in San Francisco, a term of the cir- cuit court of appeals shall be held each year in two other places in said circuit, to be designated by the judges of said court. For a messenger of the United States circuit court of appeals for the eighth judicial circuit, who shall also perform the duties of librarian and crier of said court, the sum of two thousand dollars as yearly compensation; said messenger shall also receive his nec- essary traveling and other expenses when said court shall hold a term at any other place than that of his residence, not to exceed, however, five dollars per day, and said messenger shall be appointed by the judges of said circuit court of appeals to serve during the pleasure of the court. Act May 28, 1896, c. 252, § 1, 29 Stat. 177. These are provisions of the legislative, executive, and judicial ap- propriation act for the year ending June 30, 1897, cited above. The term at San Francisco, referred to herein, is provided for by Act March 3, 1891, c. 517, $ 3; and provisions relating to officers of the circuit courts of appeals are contained in section 2 of the same act, set forth above. > ACT JAN. 20, 1897, c. 68. An Act to Withdraw from the Supreme Court Jurisdiction of Criminal Cases not Capital and Confer the Same on the Circuit Courts of Appeals. (29 Stat. 492.) Jurisdiction on appeal or writ of error in criminal cases. Be it enacted, &c., That so much of section five of the Act entitled “An Act to establish circuit courts of appeals and to define and reg, ulate in certain cases the jurisdiction of the courts of the United States, and for other purposes," approved March third, eighteen hun- dred and ninety one, as reads "in cases of conviction of a capital or otherwise infamous crime," be amended by striking out the words “or otherwise infamous," so that the same will read "in cases of conviction of a capital crime;" and that appeals or writs of error may be taken from the district courts or circuit courts to the proper cir- cuit court of appeals in cases of conviction of an infamous crime not capital: Provided, That no case now pending in the Supremc Court or in which an appeal or writ of error shall have been taken or sued out before the passage of this Act shall be hereby affected, but in all such cases the jurisdiction of the Supreme Court shall remain, and said Supreme Court shall proceed therein as if this Act had not been passed. Act Jan. 20, 1897, c. 68, 29 Stat. 492. The amendment by this act of section 5 of Act March 3, 1891. c. 517, is incorporated in that section as set forth above. Provisions for the review by the Supreme Court of final judgments in all cases of conviction of crime, the punishment of which provided by law is death, tried before any court of the United States, are con- tained in Act Feb. 6, 1889, c. 113, $ 6, post, following Rev. St. $ 699. Tit. 13— THE JUDICIARY --Ch. 9. 557 ACT FEB. 19, 1897, c. 263. An Act to Amend the Act Creating the Circuit Court of Appeals in Regard to Fees and Costs, and for Other Purposes. (29 Stat. 536.) Costs and fees in circuit courts of appeals. Be it enacted, &c., That the second section of an Act to establish circuit courts of appeals, passed March third, eighteen hundred and ninety-one, be amended so that the clause therein which now reads, “The costs and fees in the Supreme Court now provided for by law shall be costs and fees in the circuit courts of appeals,” shall read, “The costs and fees in each circuit court of appeals shall be fixed and established by said court in a table of fees, to be adopted within three months after the passage of this Act: Provided, That the costs and fees so fixed by any court of appeals shall not, with respect to any item, exceed the costs and fees now charged in the Supreme Court." Each circuit court of appeals shall, within three months after the fixing and establishing of costs and fees as aforesaid, transmit said table to the Chief Justice of the United States, and within one year thereof the Supreme Court of the United States shall revise said table, making the same, so far as may seem just and reasonable, uniform throughout the United States. The table of fees, when so revised, shall thereupon be in force for each circuit. Act Feb. 19, 1897, c. 263, 29 Stat. 536. amendment by this act of section 2 of Act March 3, 1891, c. 517, is incorporated in that section as set forth above. A previous provision authorizing the Supreme Court to prepare the tables of fees to be charged by the clerk of that court is contained in Act March 3, 1883, c. 143, post, following Rev. St. $ 846. Th CHAPTER NINE. Supreme Court-Organization. Sec. 673. Number of justices. 674. Precedence of the associate jus- tices. 675. Vacancy in the office of Chief Justice. 676. Salaries of judges. 677. Clerk, marshal, and reporter. 678. Deputies of the clerk. 679. Records of the old court of ap- peals. 680. Marshal of the Supreme Court. 681. Duties of the reporter. 682. Reporter's salary and price of re- ports. Sec. Act Aug. 5, 1882, c. 389, § 1. Increased salary of reporter; clerk hire; price of reports. 683. Distribution of the Supreme Court reports. Act Feb. 12, 1889, c. 135. 1. Distribution of the Supreme Court reports to circuit and dis- trict courts. 2. Additional volumes for delivery to, and distribution by, the Sec- retary of the Interior. 558 (Secs. 673–676 Tit. 13—THE JUDICIARY –Ch. 9. Sec. 673. Number of justices. The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum. Act April 10, 1869, c. 22, § 1, 16 Stat. 44. The allotment of the justices of the Supreme Court among the cir- cuits is prescribed by Rev. St. 8 606. Sec. 674. Precedence of the associate justices. The associate justices shall have precedence according to the dates of their commissions, or, when the commissions of two or more of them bear the same date, according to their ages. Act Sept. 24, 1789, c. 20, 1, 1 Stat. 73. Sec. 675. Vacancy in the office of Chief Justice. In case of a vacancy in the office of Chief Justice, or of his in- ability to perform the duties and powers of his office, they shall devolve upon the associate justice who is first in precedence, until such disability is removed, or another Chief Justice is appointed and duly qualified. This provision shall apply to every associate justice who succeeds to the office of Chief Justice. Act Sept. 24, 1789, c. 20, § 1, 1 Stat. 73. Act June 25, 1868, c. 81, § 1, 15 Stat. 80. · Sec. 676. Salaries of judges. The Chief Justice of the Supreme Court of the United States shall receive the sum of ten thousand five hundred dollars a year, and the justices thereof shall receive the sum of ten thousand dollars a year each, to be paid monthly. Act March 3, 1873, c. 226, § 1, 17 Stat. 186. Since Act Aug. 4, 1886, c. 902, 24 Stat. 254, the annual appro- priation acts have made appropriations for the salaries of a steno- graphic clerk for the Chief Justice and for each of the associate jus- tices. The provision in Act March 3, 1901, c. 830, 31 Stat. 1007, is as follows: "For stenographic clerk for the Chief Justice and for each associate justice of the Supreme Court, at not exceeding one thousand six hun- dred dollars each; in all one hundred and seven thousand nine hun- dred dollars.” When any judge of any United States court resigns his office, after having held the same at least ten years, and having attained the age of seventy years, he shall, during the rest of his natural life, receive the same salary which was payable to him at the time of his resig- nation, by Rev. St. $ 714. Secs. 677-679) 559 Tit. 13—THE JUDICIARY —Ch. 9. Sec. 677. Clerk, marshal, and reporter. The Supreme Court shall have power to appoint a clerk and a marshal for said court, and a reporter of its decisions. Act Sept. 24, 1789, c. 20, § 7, 1 Stat. 76. Act Aug. 26, 1842, c. 202, § 2, 5 Stat. 524. Act Aug. 29, 1842, c. 264, § 1, 5 Stat. 545. Act March 2, 1867, c. 156, § 2, 14 Stat. 433. The oath of the clerk is provided for by Rev. St. $ 794. The bond required by the clerk before entering upon the duties of his office is prescribed by Act Feb. 22, 1875, c. 95, § 3, post, under Rev. St. $ 795. Provisions of Act March 3, 1883, c. 143, that the clerk of the Su- preme Court shall not thereafter retain from the fees and emoluments of his office for his compensation, over and above his clerk hire and incidental office expenses, a sum greater than $6,000 per year, and that the Supreme Court shall have authority and power to prepare a table of fees to be charged by the clerk, are set forth post, following Rev. St. 8 846. Provisions of Act July 7, 1884, c. 332, and Act March 15, 1898, c. 68, § 8, that the clerk of the Supreme Court shall, annually, on a pre- scribed form, make, under oath, a return of all fees and costs collected by him in cases disposed of at the preceding term or terms of court, and that the surplus, after deducting his compensation and office expenses, shall by him be paid into the Treasury, are set forth post, following Rev. St. § 846. Sec. 678. Deputies of the clerk. One or more deputies of the clerk of the Supreme Court may be appointed by the court on the application of the clerk, and may be removed at the pleasure of the court. In case of the death of the clerk, his deputy or deputies shall, unless removed, continue in office and perform the duties of the clerk in his name until a clerk is appointed and qualified; and for the defaults or misfeasances in office of any such deputy, whether in the lifetime of the clerk or after his death, the clerk, and his estate, and the sureties in his official bond shall be liable; and his executor or administrator shall have such remedy for any such defaults or misfeasances committed after his death as the clerk would be entitled to if the same had occurred in his lifetime. Act June 8, 1872, c. 336, 17 Stat. 330. Sec. 679. Records of the old court of appeals. The records and proceedings of the court of appeals, appointed previous to the adoption of the present Constitution, shall be kept in the office of the clerk of the Supreme Court, who shall give copies thereof to any person requiring and paying for them in the manner provided by law for giving copies of the records and proceedings of the Supreme Court; and such copies shall have like faith and credit with all other proceedings of said court. Act May 8, 1792, c. 36, § 12, 1 Stat. 279. 560 (Secs. 680–682 Tit. 13—THE JUDICIARY —Ch. 9. Sec. 680. Marshal of the Supreme Court. The marshal is entitled to receive a salary at the rate of three thousand five hundred dollars a year. He shall attend the court at its sessions; shall serve and execute all process and orders issuing from it, or made by the Chief Justice or an associate justice in pur- suance of law; and shall take charge of all property of the United States used by the court or its members. With the approval of the Chief Justice he may appoint assistants and messengers to attend the court, with the compensation allowed to officers of the House of Representatives of similar grade. Act March 2, 1867, c. 156, § 2, 14 Stat. 433. Act Feb. 27, 1801, c. 15, $ 7, 2 Stat. 106. Act Sept. 24, 1789, c. 20, $ 27, 1 Stat. 87. The marshal of the Supreme Court is entitled to receive for the service of any warrant, attachment, summons, capias, or other writ, except execution, venire, or a summons or subpoena for a witness, one dollar for each person on whom such service may be made, his fees for all other services to be the same as those of other marshals, and he is required to pay into the Treasury all fees received by him, and render a true account thereof at the close of each term to the Attorney-General, by Rev. St. $ 852. Sec. 681. Duties of the reporter. The reporter shall cause the decisions of the Supreme Court made during his office to be printed and published within eight months after they are made; and, within the same time, shall deliver three hundred copies of the volumes of said reports to the Secretary of the Interior. And he shall, in any year when he is so directed by the court, cause to be printed and published a second volume of said decisions, of which he shall deliver, in like manner and time, three hundred copies. Act Aug. 29, 1842, c. 264, § 1, 5 Stat. 545. Act May 21, 1866, c. 88, § 1, 14 Stat. 51. Act July 23, 1866, c. 208, g 1, 14 Stat. 205. Act March 2, 1867, c. 168, § 10, 14 Stat. 471. A permanent appropriation to pay the reporter for 300 copies of the second volume of the decisions of the court is made by Rev. St. § 3689. Sec. 682. Reporter's salary and price of reports. The reporter shall be entitled to receive from the Treasury an annual salary of twenty-five hundred dollars, when his report of said decisions constitutes one volume, and an additional sum of fifteen hundred dollars when, by direction of the court, he causes to be printed and published, in any year, a second volume. But said salary and compensation, respectively, shall be paid only when he causes such decisions to be printed, published, and delivered within the time and in the manner prescribed by law, and upon the condition that the volumes of said reports shall be sold by him to the public for a price not exceeding five dollars a volume. Act Aug. 20, 1842, c. 264, § 1, 5 Stat. 545. Act May 21, 1866, C. Secs. 682-683) 561 Tit. 13— TAE JUDICIARY — Ch. 9. 88, § 1, 14 Stat. 51. Act July 23, 1866, c. 208, § 1, 14 Stat. 205. Act March 2, 1867, c. 168, $ 10, 14 Stat. 471. This section, in so far as it relates to the salary of the reporter, and the maximum price per volume of the reports, is 'superseded by Act Aug. 5, 1882, c. 389, set forth below. As to the time when the salary shall be paid, the section may be regarded as still operative; also as to the price per volume for those volumes containing cases decided prior to the passage of the superseding act. ACT AUG. 5, 1882, c. 389, § 1. Increased salary of reporter; clerk hire; price of reports. The reporter of the decisions of the Supreme Court of the United States shall be entitled to receive from the Treasury an annual salary of four thousand five hundred dollars when his report of said decisions constitutes one volume and an additional sum of one thousand two hundred dollars when by direction of the court he causes to be printed and published in any year a second volume, and said reporter shall be annually entitled to clerk-hire in the sum of one thousand two hundred dollars, and to office rent, stationary, and contingent ex- penses in the sum of six hundred dollars, and an amount sufficient for the payment of said sums is hereby appropriated: * * [Part of section omitted has been executed.] And provided further, That the volumes of the decisions which said court shall hereafter pro- nounce shall be furnished by the Reporter to the public at a sum not exceeding two dollars per volume, and the number of volumes now required to be delivered to the Secretary of the Interior shall be furnished by the reporter without any charge therefor. Act Aug. 5, 1882, c. 389, § 1, 22 Stat. 254. This is a provision of the legislative, executive, and judicial appro- priation act for the fiscal year ending June 30, 1883, cited above. Sec. 683. Distribution of the Supreme Court reports. The three hundred copies of said reports delivered to the Sec- retary of the Interior shall be distributed as follows: To the Presi- dent, the justices of the Supreme Court, the circuit judges, the judges of the district courts, the judges of the Court of Claims, the judges of the supreme court of the District of Columbia, the judges of the several territorial courts, the Secretary of State, the Secretary of the Treasury, the Secretary of War, the Secretary of the Navy, the Sec- retary of the Interior, the Postmaster-General, the Attorney-General, the Solicitor-General, the Secretary of the Senate, for the use of the Senate, the Clerk of the House of Representatives, for the use of the House of Representatives, the governors of the Territories, the Com- missioner of Agriculture, the Commissioner of Internal Revenue, the Commissioner of Indian Affairs, the Commissioner of Pensions, the Commissioner of the General Land-Office, the Commissioner of Pat- ents, the Commissioner of Customs, the Commissioner of Education, the Paymaster-General, the First and Second Comptrollers of the Treasury, the First, Second, Third, Fourth, Fifth, and Sixth Auditors of the Treasury, the Solicitor of the Treasury, the Register of the LAWS '01-36 562 (Sec. 683 Tit. 13— THE JUDICIARY —Ch. 9. Treasury, the Treasurer of the United States, and the heads of such other executive offices as may hereafter be provided by law, of equal grade with any of the said officers, each one copy; to the Secretary of the Senate, for the use of the standing committees of the Senate, ten copies; and to the Clerk of the House of Representatives, for the use of the standing committees of the House, twelve copies; and the residue of said copies shall be deposited in the Library of Con- gress, to become a part of said Library. The copies received by any officer under this section shall, in case of his death, resignation, or dismissal from office, be delivered up to his successor in office. Act Aug. 29, 1842, c. 264, § 1, 5 Stat. 545. Act March 2, 1861, c. 87, § 6, 12 Stat. 245. Act July 15, 1870, c. 292, § 1, 16 Stat. 291. Act July 23, 1866, c. 208, § 1, 14 Stat. 205. This section is amended by Act Feb. 12, 1889, c. 135, § 1, set forth below. ACT FEB. 12, 1889, c. 135. An Act to Amend Section Six Hundred Eighty-three of the Re- vised Statutes Relating to the Distribution of the Reports of the Supreme Court. (25 Stat. 661.) Distribution of the Supreme Court reports to circuit and district courts. Be it enacted, &c., That section six hundred and eighty-three of the Revised Statutes of the United States be, and the same is hereby, so amended as to provide for the distribution, by the Secretary of the Interior, of one set of the official reports of the decisions of the Supreme Court of the United States, or an exact reprint of the same, comprising volumes one to one hundred and twenty-two, in- clusive, or so many volumes as may be needed with those already supplied to make one such set, to each of the places where the cir- cuit and district courts of the United States are regularly held: Provided, That where a circuit court and district court are both holden at the same place, only one such set, or so many volumes as may be needed with those already supplied to make one such set, shall be distributed to that place: Provided further, That for the sets or parts of sets distributed as aforesaid not exceeding two dollars per volume shall be paid; and said report shall be kept by the clerks of said courts and their successors in office for the use of said courts and the officers thereof; and the sum of twenty-eight thousand dol- lars, or so much thereof as may be necessary, is hereby appropriated to carry out the above provision. Act Feb. 12, 1889, c. 135, § 1, 25 Stat. 661. Additional volumes for delivery to, and distribution by, the Secretary of the Interior. Sec. 2. That, beginning with volume one hundred and twenty- three, the reporter of the decisions of the Supreme Court of the United States shall deliver to the Secretary of the Interior, in addi- tion to the number heretofore required by law to be so delivered by him, seventy-six copies of each volume of the reports of said deci- sions, for which additional copies he shall be allowed not exceeding Secs. 683-685) . Tit. 13— THE JUDICIARY —Ch563 . 10. two dollars per volume. And hereafter all the copies of said reports furnished by said reporter shall be distributed by the Secretary of the Interior in the manner heretofore authorized by law: Provided, That the Secretary of the Interior shall also distribute to each of the places where the circuit and district courts of the United States are reg- ularly holden one copy of the reports so furnished, to be kept by the clerks of said courts and their successors in office, for the use of said courts and the officers thereof: Provided further, That where a cir- cuit court and a district court are both holden at the same place, only one copy shall be distributed to that place, and the residue of the copies shall be deposited in the Library of Congress. And the said reports, in all cases where the same are distributed as afore- said, shall remain the property of the United States, and be preserved as such by the above-named officers, and by them to be turned over to their successors in office: And so much of section three hundred and eighty-six of the Revised Statutes as charges the Department of Justice with the distribution thereof is hereby repealed. Act Feb. 12, 1889, c. 135, § 2, 25 Stat. 661. See note under Rev. St. § 386, as to the effect of the repeal in part of that section by the last clause of this section. The Supreme Court is authorized to employ a printer, by recent annual appropriation acts. The provision of the sundry civil appro- priation act for the fiscal year ending June 30, 1902, Act March 3, 1901, c. 853, 31 Stat. 1187, is as follows: "The printing for the Su- preme Court shall be done by the printer it may employ, unless it shall otherwise order." CHAPTER TEN. Supreme Court-Sessions. Sec. 684. Terms. 685. Adjournments for want quorum. Sec. 686. Preparatory orders made by less than a quorum. of a Sec. 684. Terms. The Supreme Court shall hold, at the seat of Government, one term annually, commencing on the second Monday in October, and such adjourned or special terms as it may find necessary for the dis- patch of business; and suits, proceedings, recognizances, and pro- cesses pending in or returnable to said court shall be tried, heard, and proceeded with as if the time of holding said sessions had not been hereby altered. Act July 23, 1866, c. 210, § 1, 14 Stat. 209. Act Jan. 24, 1873, c. 64, 17 Stat. 419. Sec. 685. Adjournments for want of a quorum. If, at any session of the Supreme Court, a quorum does not at- 564 (Sec. 686 l'it. 13—THE JUDICIARY -Ch. 11. tend on the day appointed for holding it, the justices who do attend may adjourn the court from day to day for twenty days after said ap- pointed time, unless there be sooner a quorum. If a quorum does not attend within said twenty days, the business of the court shall be continued over till the next appointed session, and if, during a term, after a quorum has assembled, less than that number attend on any day, the justices attending may adjourn the court from day to day until there is a quorum, or may adjourn without day. Act April 29, 1802, c. 31, § 1, 2 Stat. 156. Act Jan. 21, 1829, c. 12, 88 1, 2, 4 Stat. 332. Sec. 686. Preparatory orders made by less than a quorum. The justices attending at any term when less than a quorum is present, may, within the twenty days mentioned in the preceding section, make all necessary orders touching any suit, proceeding, or process, depending in or returned to the court, preparatory to the hearing, trial, or decision thereof. Act April 29, 1802, c. 31, § 1, 2 Stat. 156. Act Jan. 21, 1829, c. 12, 1, 4 Stat. 323. Act July 23, 1866, c. 210, § 1, 14 Stat. 209. CHAPTER ELEVEN. Supreme Court-Jurisdiction. Sec. 687. Original jurisdiction. 688. Writs of prohibition and manda- mus. 689. Issues of fact. 690. Appellate jurisdiction. 691. [Repealed.] 692. [Superseded.] 693. [Superseded.] 694. Cases pending in Supreme Court from middle and northern dis- tricts of Alabama. 695. Appeals in prize causes. 696. Appeals in prize causes remaining in circuit courts. 697. [Superseded.] 698. Transcripts on appeals. 699. [Superseded.] Act Feb. 6, 1889, c. 113, § 6. Writs of error on conviction of cap- ital crime. 700. Cases tried by the circuit court without the intervention of a jury. 701. (Superseded.] Sec. 702. Writs of error and appeals from Territorial courts. Act March 3, 1885, c. 355. 1. Amount requisite for writ of er- ror or appeal from Territorial courts. 2. Writs of error and appeals from Territorial courts without refer- ence to amount. 703. When a Territory becomes a State after judgment or decree in Ter- ritorial court. 704. Judgments and decrees of district courts in cases transferred from Territorial courts. 705, 706. [Superseded.] Act Feb. 9, 1893, c. 74, § 8. Writs of error and appeals from court of appeals of District of Columbia. Act March 3, 1897, c. 390. Certiorari to review cases in court of appeals of District of Columbia. Secs. 687-689) Tit. 13— THE JUDICIARY —Ch. 11. 565 Sec. Sec. 707. Appeals from the Court of Claims. 709. Judgments and decrees of State 708. Time and manner of appeals from courts on writ of error. the Court of Claims. 710. Precedence of writs of error to State courts in criminal cause. Sec. 687. Original jurisdiction. The Supreme Court shall have exclusive jurisdiction of all contro- versies of a civil nature where a State is a party, except between a State and its citizens, or between a State and citizens of other States, or aliens, in which latter cases it shall have original, but not ex- clusive, jurisdiction. And it shall have exclusively all such jurisdic- tion of suits or proceedings against embassadors, or other public ministers, or their domestics, or domestic servants, as a court of law can have consistently with the law of nations; and original, but not exclusive, jurisdiction of all suits brought by embassadors, or other public ministers, or in which a consul or vice-consul is a party. a Act Sept. 24, 1789, c. 20, § 13, 1 Stat. 80. The jurisdiction of the controversies of a civil nature where a State is a party, described in this section, is also made exclusive of the courts of the several States, by Rev. St. $ 711, par. 7; but a similar provision for jurisdiction, exclusive of the courts of the several States, "of all suits oi proceedings against embassadors, or other public minis- ters, or their domestics, or domestic servants, or against consuls or vice consuls,” contained in Rev. St. $ 711, par. 8, as originally enacted, is stricken out by Act Feb. 18, 1875, c. 80, 18 Stat. 318. Provisions relating to process against public ministers of foreign princes or states or their domestics or persons in their service are contained in Rev. St. 88 4063-4066. Sec. 688. Writs of prohibition and mandamus. The Supreme Court shall have power to issue writs of prohibition in the district courts, when proceeding as courts of admiralty and maritime jurisdiction; and writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed under the authority of the United States, or to persons holding office under the authority of the United States, where a State, or an embassador, or other public minister, or a consul or vice-consul is a party. Act Sept. 24, 1789, c. 20, $ 13, 1 Stat. 80. Power is given to the Supreme Court, and to the circuit and district courts, by Rev. St. $ 716, to issue writs of scire facias, and all writs not specifically provided for, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the usages and prin- ciples of law. And writs of ne exeat may be granted by any justice of the Supreme Court, by Rev. St. $ 717, in cases where they might be granted by the Supreme Court. Power to issue writs of habeas corpus is given to the Supreme Court and to the justices thereof by Rev. St. 88 751, 752. Sec. 689. Issues of fact. The trial of issues of fact in the Supreme Court, in all actions at law against citizens of the United States, shall be by jury. Act Sept. 24, 1789, c. 20, $ 13, 1 Stat. 80. 566 (Secs. 690-694 Tit. 13--THE JUDICIARY -Ch. 11. Sec. 690. Appellate jurisdiction. The Supreme Court shall have appellate jurisdiction in the cases hereinafter specially provided for. Act Sept. 24, 1789, c. 20, § 13, 1 Stat. 80. The special provisions of this chapter referred to in this section as defining the appellate jurisdiction of the Supreme Court, so far as they relate to the review of judgments or decrees of the circuit courts or other courts of the United States, are repealed or to a great extent superseded by the act establishing the circuit courts of appeals, Act March 3, 1891, c. 517, ante, under chapter 8 A of this Title; section 4 of which provides that "the review, by appeal, by writ of error, or otherwise, from the existing circuit courts shall be had only in the Supreme Court of the United States or in the circuit courts of appeals hereby established according to the provisions of this act regulating the same”; and sections 5 and 6 of which define the appellate juris- diction of the Supreme Court and of the circuit courts of appeals to review decisions of the circuit courts and the district courts. Sec. 691. [Repealed. Act March 3, 1891, C. 517, § 14.] This section authorized writs of error to review final judgments of circuit courts in civil actions, where the matter in dispute exceeded the sum or value of $2,000. It is expressly repealed by Act March 3, 1891, c. 517, § 14, ante, under chapter 8 A of this Title. Sec. 692. [Superseded. Act March 3, 1891, C. 517, $$ 4-6.] This section authorized appeals from final decrees of circuit courts in equity and in admiralty, where the matter in dispute exceeded the sum or value of $2,000. It is superseded by the different provisions for appeals from such decrees in Act March 3, 1891, c. 517, 88 5, 6, ante, under chapter 8 A of this Title. Provisions for writs of error and appeals to review final judgments and decrees of circuit courts in certain cases, without regard to the sum or value in dispute, were contained in Rev. St. 8 699, and subse- quent statutes referred to under that section. Sec. 693. [Superseded. Act March 3, 1891, C. 517, $$ 4-6.] This section provided for writs of error or appeals from final judg. ments or decrees of circuit courts in civil cases, on a certificate of division of opinion by the judges holding the circuit court, which was authorized by Rev. St. 8 652. It is superseded by the different pro- visions for appeals and writs of error from the circuit courts in Act March 3, 1891, c. 517, $$ 5, 6, in connection with the provisions of section 4 of that act, that “the review, by appeal, by writ of error, or otherwise," from the circuit courts, shall be had "according to the provisions of this act regulating the same.” Ante, under chapter 8 A of this Title. Sec. 694. Cases pending in Supreme Court from middle and northern districts of Alabama. Nothing in the act of March three, eighteen hundred and seventy- Secs. 694-596) Tit. 13— THE JUDICIARY —Ch. 11. 567 three, relating to the circuit and district courts for the middle and northern districts of Alabama, shall affect the jurisdiction of the Supreme Court to hear and determine any cause or proceeding pend- ing in said court at the date of said act on writ of error or appeal from the district courts of either of said districts. Act March 3, 1873, c. 223, § 3, 17 Stat. 485. The provisions of this section are temporary in their nature, but were incorporated into the Revised Statutes because incident to the then recent establishment, by Act March 3, 1873, c. 223, referred to in this section, of separate circuit courts in each of the three districts of Alabama, and the transfer to them from the Supreme Court of ap- pellate jurisdiction over the district courts for the middle and northern districts. Sec. 695. Appeals in prize causes. An appeal shall be allowed to the Supreme Court from all final decrees of any district court in prize causes, where the matter in dispute, exclusive of costs, exceeds the sum or value of two thousand dollars; and shall be allowed, without reference to the value of the matter in dispute, on the certificate of the district judge that the adjudication involves a question of general importance. And the Supreme Court shall receive, hear, and determine such appeals and shall always be open for the entry thereof. Act June 30, 1864, c. 174, $ 13, 13 Stat. 310. Act March 3, 1803, c. 40, § 2, 2 Stat. 244. The limitation imposed by this section on appeals in prize causes, and the other provisions thereof relating to such appeals, may be re- garded as superseded by the provision of Act March 3, 1891, c. 517, § 5, ante, under chapter 8 A of this Title, authorizing appeals to the Supreme Court "from the final sentences and decrees in prize causes," without any restriction annexed thereto. A special limitation to 30 days of the time for taking appeals in prize causes was contained in Rev. St. $ 1009. The allowance of appeals, and of amendments in appeals, in prize causes, is authorized by Rev. St. § 4636. Sec. 696. Appeals in prize causes remaining in circuit courts. An appeal shall be allowed to the Supreme Court from all final decrees of any circuit court in prize causes depending therein on the thirtieth day of June, eighteen hundred and sixty-four, in the same manner, and subject to the same conditions as appeals in prize causes from the district courts. Act June 30, 1864, c. 174, $ 13, 13 Stat. 310. This provision is temporary in its nature, relating to causes pending in the circuit courts on appeal from the district courts at the time of the passage of Act June 30, 1864, c. 174, referred to in this section, section 13 of which act authorized appeals in prize causes from the district courts direct to the Supreme Court, as provided in Rev. St. $ 695. 568 (Secs. 697-699 Tit. 13— THE JUDICIARY —Ch. 11. Sec. 697. [Superseded. Act March 3, 1891, C. 517, $$ 4-6.] SS This section provided for the decision by the Supreme Court of ques- tions in criminal proceedings in circuit courts on which the judges were divided in opinion and certified the point to the Supreme Court, as authorized by Rev. St. $ 651. It is superseded by the different pro- visions for appeals and writs of error from the circuit courts in crim- inal cases in Act March 3, 1891, c. 517, 88 5, 6, in connection with the provision of section 4 of that act, that "the review, by appeal, by writ of error, or otherwise," from the circuit courts, shall be had "ac- cording to the provisions of this act regulating the same." Ante, un- der chapter 8 A of this Title. Sec. 698. Transcripts on appeals. Upon the appeal of any cause in equity, or of admiralty and mar- itime jurisdiction, or of prize or no prize, a transcript of the record, as directed by law to be made, and copies of the proofs, and of such entries and papers on file as may be necessary on the hearing of the appeal, shall be transmitted to the Supreme Court: Provided, That either the court below or the Supreme Court may order any original document or other evidence to be sent up, in addition to the copy of the record, or in lieu of a copy of a part thereof. And on such appeals no new evidence shall be received in the Supreme Court, except in admiralty and prize causes. Act March 3, 1803, c. 40, $ 2, 2 Stat. 244. Act Feb. 26, 1853, c. 80, § 1, 10 Stat. 163. Act June 30, 1864, c. 174, § 13, 13 Stat. 310. The provisions of this section may be regarded as made applicable to appeals in equity and in admiralty to the circuit courts of appeals, under Act March 3, 1891, c. 517, § 6, by the provision of section 11 of that act, that "all provisions of law now in force regulating the methods and system of review, through appeals or writs of error, shall regulate the methods and systein of appeals and writs of error pro- vided for in this act in respect of the circuit courts of appeals." Ante, under chapter 8 A of this Title. The contests of the final record in equity and admiralty causes are prescribed by Rev. St. $ 750. Sec. 699. [Superseded. Act March 3, 1891, C. 517, $$ 4-6.] This section authorized writs of error and appeals to review final judgments and decrees of the circuit courts, without regard to the sum or value in dispute, in certain cases, enumerated in five paragraphs, which may be described briefly as follows: (1) Cases touching patent rights or copyrights, including judgments and decrees in such cases of the supreme court of the District of Columbia or of any Territory as well as those of the circuit courts; (2) civil actions by the United States for the enforcement of any revenue law; (3) civil actions against revenue officers for official acts or for recovery of money exacted by or paid to them; (4) cases brought on account of deprivation of any right, etc., secured by the Constitution, or of any right, etc., of a citizen of the United States; (5) civil actions for injuries by acts in furtherance of any conspiracy against civil rights mentioned in Rev. St. § 1980. Appeals or writs of error to review judgments or decrees of circuit courts in which there was a question involving the juris- Sec. 699) 569 Tit 13– THE JUDICIARY — Ch. 11. diction of the court, without reference to the amount, were also author- ized by Act Feb. 25, 1889, c. 236, 25 Stat. 693. But all these pro- visions are superseded by the different provisions for appeals and writs of error from the circuit courts and other courts contained in Act March 3, 1891, c. 517, SS 4-6, 15, and later statutes, under chapter 8 A of this Title. A provision of Act March 3, 1875, c. 137, § 5, making the order of a circuit court dismissing a cause, or remanding to a State court a cause removed therefrom, reviewable by the Supreme Court on writ of error or appeal, was expressly repealed by Act March 3, 1887, c. 337, § 6, and Act Aug. 13, 1888, c. 866, § 6, ante, under Rev. St. § 629. Original and appellate jurisdiction in trade-mark cases, without re- gard to the amount in controversy, is given to the courts of the United States, by Act March 3, 1881, c. 138, § 7, post, under Title LX, "Pat- ents and Copyrights,” c. 2. Cases arising under the civil rights act of 1875, Act March 1, 1875, c. 114, in the courts of the United States, are reviewable in the Su- preme Court without regard to the sum in controversy, by section 5 of that act, post, under Rev. St. $ 1977. Appeals to the Supreme Court in bankruptcy proceedings, from the courts of bankruptcy and from the circuit courts of appeals, are au- thorized by the bankruptcy act of 1898, Act July 1, 1898, c. 541, 88 24, 25, post, under Title LXI, "Bankruptcy." Appeals to the Supreme Court in habeas corpus cases were author- ized by Rev. St. $ 764, amended by act March 3, 1885, c. 353, 23 Stat. 437; but this provision may be regarded as superseded by Act March 3, 1891, c. 517, § 5, ante, under chapter 8 A of this Title. Provisions for review of convictions of crime punishable by death, in any court of the United States, by the Supreme Court on writ of error, are contained in Act Feb. 6, 1889, c. 113, § 6, set forth below, and later statutes referred to under that section. Appeals to the Supreme Court in proceedings for violations of the interstate commerce act, Act Feb. 4, 1887, c. 104, amended by Act March 2, 1889, c. 382, are authorized by section 16 of that act, post, under Title LVI A, "Regulation of Interstate and Foreign Commerce,' c. 1. Provisions for the allowance of appeals to the Supreme Court from decisions of the circuit courts, reviewing decisions of the general ap- praisers as to the classification of merchandise and the rate of duty thereon, are contained in Act June 10, 1890, c. 407, § 15, post, under Rev. St. § 2932. Appeals or writs of error to the Supreme Court in proceedings for alteration of bridges obstructing navigation, under Act March 3, 1899, c. 425, $ 18, are authorized by that section, post, under Title LXIII, "Rivers and Harbors." ACT FEB. 6, 1889, c. 113, 8 6. Writs of error on conviction of capital crime. That hereafter in all cases of conviction of crime the punishment of which provided by law is death, tried before any court of the United States, the final judgment of such court against the respond- ent shall, upon the application of the respondent, be re-examined, reversed, or affirmed by the Supreme Court of the United States , upon a writ of error, under such rules and regulations as said court may prescribe. Every such writ of error shall be allowed as of right and without the requirement of any security for the prosecu- tion of the same or for costs. Upon the allowance of every such writ of error, it shall be the duty of the clerk of the court to which the writ of error shall be directed to forthwith transmit to the Clerk of 570 (Secs. 699–700 Tit. 13– THE JUDICIARY —Ch. 11. the Supreme Court of the United States a certified transcript of the record in such case, and it shall be the duty of the Clerk of the Supreme Court of the United States to receive, file, and docket the same. Every such writ of error shall during its pendency operate as a stay of proceedings upon the judgment in respect of which it is sued out. Any such writ of error may be filed and docketed in said Supreme Court at any time in a term held prior to the term named in the citation as well as at the term so named; and all such writs of error shall be advanced to a speedy hearing on motion of either party. When any such judgment shall be either reversed or affirmed the cause shall be remanded to the court from whence it came for further proceedings in accordance with the decision of the Supreme Court, and the court to which such cause is so remanded shall have power to cause such judgment of the Supreme Court to be carried into execution. No such writ of error shall be sued out or granted unless a petition therefor shall be filed with the clerk of the court in which the trial shall have been had during the same term or with- in such time, not exceeding sixty days next after the expiration of the term of the court at which the trial shall have been had, as the court may for cause allow by order entered of record. Act Feb. 6, 1889, c. 113, 8 6, 25 Stat. 656. The provisions of this section authorizing writs of error to the Su- preme Court "in all cases of conviction of crime the punishment of which provided by law is death," may be regarded as superseded by Act March 3, 1891, c. 517, § 5, which, as originally enacted, author- ized such writs of error "in cases of conviction of a capital or other- wise infamous crime”; but this latter provision is amended by strik- ing out the words "or otherwise infamous," by Act Jan. 20, 1897, c. 68, so as to read as set forth ante, under chapter 8 A of this Title. Sec. 700. Cases tried by the circuit court without the intervention of a jury. When an issue of fact in any civil cause in a circuit court is tried and determined by the court without the intervention of a jury, according to section six hundred and forty-nine, the rulings of the court in the progress of the trial of the cause, if excepted to at the time, and duly presented by a bill of exceptions, may be reviewed by the Supreme Court upon a writ of error or upon appeal; and when the finding is special the review may extend to the determination of the sufficiency of the facts found to support the judgment. Act Sept. 24, 1789, c. 20, $ 22, 1 Stat. 84. Act March 3, 1803, c. 40, $ 2, 2 Stat. 244. Act March 3, 1865, c. 86, 8 4, 13 Stat. 501. See acts. Besides the provisions of Rev. St. 8 649, referred to in this section, for trial of issues of fact by the circuit courts without a jury, and for findings thereon, further provisions for findings of fact and con- clusions of law in admiralty cases, and for the review by the Supreme Court of judgments and decrees entered on such findings, are contained in Act Feb. 16, 1889, c. 77, § 1, ante, under Rev. St. $ 649. And see note under that act as to the effect thereon of Act March 3, 1891, c. 517, establishing the circuit courts of appeals, and conferring on them appellate jurisdiction in admiralty. Secs. 701-702) - Tit. 13—THE 571 JUDICIARY JUDICIARY . 11. —ChSec. 701. [Superseded. Act March 3, 1891, C. 517, § 10.] This section related to the determination and disposition by the Supreme Court on review of judgments, decrees, or orders of the in- ferior courts, and the proceedings thereon. It is superseded by the different provisions relating to the same subjects in Act March 3, 1891, c. 517, § 10, ante, under chapter 8 A of this Title. Sec. 702. Writs of error and appeals from Territorial courts. The final judgments and decrees of the supreme court of any Territory, except the Territory of Washington, in cases where the value of the matter in dispute, exclusive of costs, to be ascertained by the oath of either party, or of other competent witnesses, exceeds one thousand dollars, may be reviewed and reversed or affirmed in the Supreme Court, upon writ of error or appeal, in the same manner and under the same regulations as the final judgments and decrees of a circuit court. [Part of section omitted, relating to Ter- ritory of Washington, superseded. Act Feb. 22, 1889, C. 180.] Utah, Act Sept. 9, 1850, c. 51, 89, 9 Stat. 455. N. M., Act Sept. 9, 1850, c. 49, § 10, 9 Stat. 449. Wash., Act March 2, 1853, c. 90, 10 Stat. 175. Dak., Act March 2, 1861, c. 86, § 9, 12 Stat. 241. Ariz., Act Feb. 24, 1853, c. 56, § 2, 12 Stat. 665. Idaho, Act March 3, 1863, c. 117, § 9, 12 Stat. 811. Mont., Act May 26, 1864, c. 95, § 9, 13 Stat. 88. Wyo., Act July 25, 1868, c. 235, § 9, 15 Stat. 180. The part of the section omitted here related to the review of final judgments and decrees of the supreme court of the Territory of Wash- ington. It is superseded by the admission of that Territory into the Union as a State by Act Feb. 22, 1889, c. 180; and in like manner the application of the section to other Territories ceased on their ad- mission as States by the same act or similar acts. Provisions for the review of judgments and decrees of Territorial courts after the admission of the Territory as a State are contained in Rev. St. 88 703, 704. The act establishing the circuit courts of appeals, Act March 3, 1891, c. 517, ante, under chapter 8 A of this Title, by section 15 thereof gives those courts the same appellate jurisdiction to review judgments, orders, and decrees of the supreme courts of the several Territories, as they have to review the judgments, orders, and decrees of the dis- trict courts and circuit courts; leaving the review of judgments, etc., of the Territorial courts in other cases to be governed by this section and other provisions referred to below. The appellate jurisdiction of the Supreme Court over the judgments and decrees of Territorial courts, in cases of trial by jury, is to be exercised by writ of error, and in other cases by appeal, under Act April 7, 1874, c. 80, $ 2, 18 Stat. 27. The amount of the matter in dispute, requisite for an appeal or writ of error from the supreme court of any of the Territories, is in- creased to $5,000, except cases involving the validity of a patent or copyright, or of a treaty or statute of, or of an authority exercised under, the United States, by Act March 3, 1885, c. 355, set forth below. ACT MARCH 3, 1885, c. 355. An Act regulating Appeals from the Supreme Court of the Dis- 572 (Secs. 702-704 Tit. 13—THE JUDICIARY —Ch. 11. trict of Columbia and the Supreme Courts of the several Ter- ritories. (23 Stat. 443.) Amount requisite for writ of error or appeal from Territorial courts. Be it enacted, &c., That no appeal or writ of error shall hereafter be allowed from any judgment or decree in any suit at law or in eq- uity in the supreme court of the District of Columbia, or in the su- preme court of any of the Territories of the United States, unless the matter in dispute, exclusive of costs, shall exceed the sum of five thousand dollars. Act March 3, 1885, c. 355, § 1, 23 Stat. 443. Writs of error and appeals fom Territorial courts without reference to amount. Sec. 2. That the preceding section shall not apply to any case wherein is involved the validity of any patent or copy-right, or in which is drawn in question the validity of a treaty or statute of or an authority exercised under the United States; but in all such cases an appeal or writ of error may be brought without regard to the sum or value in dispute. Act March 3, 1885, c. 355, § 2, 23 Stat. 443. The application of this act to the judgments or decrees of the su- preme court of the District of Columbia was superseded by the act establishing a court of appeals for the District, authorizing appeals to that court from the supreme court of the District, and making provisions similar to those of this act for writs of error and appeals from the court of appeals to the Supreme Court of the United States; Act Feb. 9, 1893, c. 74, $$ 1-8, 27 Stat. 434, which provisions are re-enacted in the Code of Law for the District of Columbia, Act March 3, 1901, c. 854, $8 221, 226, 233, 1224, 1225, 1227. Sec. 703. When a Territory becomes a State after judgment or decree in Territo- rial court. In all cases where the judgment or decree of any court of a Ter- ritory might be reviewed by the Supreme Court on writ of error or appeal, such writ of error or appeal may be taken, within the time and in the manner provided by law, notwithstanding such Territory has, after such judgment or decree, been admitted as a State; and the Supreme Court shall direct the mandate to such court as the nature of the writ of error or appeal requires. Act June 12, 1858, c. 154, § 18, 11 Stat. 328. Sec. 704. Judgments and decrees of district courts in cases transferred from Ter- ritorial courts. The judgments or decrees of any district court, in cases transferred to it from the superior court of any Territory, upon the admission of such Territory as a State, under sections five hundred and sixty- seven and five hundred and sixty-eight, may be reviewed and re- versed or affirmed upon writs of error sued out of, or appeals taken to, the Supreme Court, in the same manner as if such judgments or Secs. 704–706) 573 Tit. 13— THE JUDICIARY –Ch. 11. decrees had been rendered in said superior court of such Territory. And the mandates and all writs necessary to the exercise of the appellate jurisdiction of the Supreme Court in such cases shall be directed to such district court, which shall cause the same to be duly executed and obeyed. Act Feb. 22, 1847, c. 17, § 1, 9 Stat. 128. Act Feb. 22, 1848, c. 12, $ 2, 9 Stat. 212. Rev. St. 88 567, 568, referred to in this section, and section 569, provide for the transfer, on the admission of a Territory as a State, of cases pending in the court of appeals or the superior court of the territory ich are reviewable in the Supreme Court of the United States, to the district court of the United States for the State. Secs. 705, 706. [Superseded. Act March 3, 1885, c. 355, and Act Feb. 9, 1893, c. 74.] These two sections provided for the review of final judgments or decrees of the supreme court of the District of Columbia by the Su- preme Court of the United States on writ of error or appeal, in any case where the matter in dispute exceeded the value of $1,000, and, in cases where such value was less than $1,000, but more than $100, on allowance of the writ of error or appeal by a justice of the Su- preme Court of the United States. They were superseded by the different provisions relating to such appeals and writs of error by Act March 3, 1885, c. 355, ante, under Rev. St. $ 702; and these also are superseded, as stated in the note under that act, by Act Feb. 9, 1893, c. 74, 27 Stat. 434, which establishes a court of appeals for the District of Columbia. Section 8 of that act, which provides for the review of final judgments or decrees of that court by the Supreme Court of the United States on writ of error or appeal, is set forth below. ACT FEB. 9, 1893, c. 74, § 8. Writs of error and appeals from court of appeals of District of Colum- bia. That any final judgment or decree of the said court of appeals may be re-examined and affirmed, reversed, or modified by the Su- preme Court of the United States, upon writ of error or appeal, in all causes in which the matter in dispute, exclusive of costs, shall exceed the sum of five thousand dollars, in the same manner and under the same regulations as heretofore provided for in cases of writs of error on judgments or appeals from decrees rendered in the Supreme Court of the District of Columbia; and also in cases, with- out regard to the sum or value of the matter in dispute, wherein is involved the validity of any patent or copyright, or in which is drawn in question the validity of a treaty or statute of or an authority exer- cised under the United States. Act Feb. 9, 1893, c. 74, § 8, 27 Stat. 436. This section is part of the act to establish a court of appeals for the District of Columbia, etc., cited above, the court established by the act being the court of appeals mentioned in this section. Former provisions for writs of error on judgments and appeals from decrees rendered in the supreme court of the District of Columbia, also re- ferred to in this section, contained in Rev. St. $8 705, 706, super- seded by this and previous acts, were as follows: “Sec. 705. The final judgment or decree of the supreme court of the 574 (Secs. 706–707 Tit. 13— THE JUDICIARY —Ch. 11. District of Columbia, in any case where the matter in dispute, ex- clusive of costs, exceeds the value of one thousand dollars, may be re- examined and reversed or affirmed in the Supreme Court of the United States, upon writ of error or appeal, in the same manner and under the same regulations as are provided in cases of writs of error on judgments, or appeals from decrees rendered in a circuit court. "Sec. 706. The writ of error or appeal provided by the preceding section may be allowed in any case where the value of the matter in dispute, exclusive of costs, is less than one thousand dollars, but more than one hundred dollars, upon the petition in writing of either party, accompanied by a copy of the proceedings complained of, and an as- signment of errors, exhibited to any justice of the Supreme Court, if said justice is of opinion that such errors involve questions of law of such extensive operation as to render a decision of them by the Supreme Court desirable. The allowance in such case shall be by the written order of said justice, directed to the clerk of the supreme court of said District, to allow the appeal or issue the writ of error." The issue of writs of certiorari by the Supreme Court to the court of appeals of the District of Columbia, in the same cases and manner as to the circuit courts of appeals, is authorized by Act March 3, 1897, c. 390, set forth below. An appeal to the Supreme Court from any judgment or order of the court of appeals of the District of Columbia involving any ques- tion as to the constitutionality of Act March 2, 1893, c. 197, 27 Stat. 532, providing for a permanent system of highways in that part of the District lying outside of cities, is authorized by the amendment of section 17 of that act by Act Jan. 21, 1896, c. 5, 29 Stat. 2. ACT MARCH 3, 1897, c. 390. An Act to Authorize the Supreme Court of the United States to Issue Writs of Certiorari to the Court of Appeals of the District of Columbia in the Same Cases and Manner that It May Do in Respect of the Circuit Court of Appeals. (29 Stat. 692.) ) Certiorari to review cases in court of appeals of District of Columbia. Be it enacted, &c., That in any case heretofore made final in the , , court of appeals of the District of Columbia it shall be competent for the Supreme Court to require, by certiorari or otherwise, any such case to be certified to the Supreme Court for its review and de- termination, with the same power and authority in the case as if it had been carried by appeal or writ of error to the Supreme Court. Act March 3, 1897, c. 390, 29 Stat. 692. Similar provisions for requiring, by certiorari or otherwise, cases in the circuit courts of appeals to be certified to the Supreme Court, are contained in Act March 3, 1891, c. 517, § 6, ante, under chapter 8 A of this Title. Sec. 707. Appeals from the Court of Claims. An appeal to the Supreme Court shall be allowed, on behalf of the United States, from all judgments of the Court of Claims adverse to the United States, and on behalf of the plaintiff in any case where the amount in controversy exceeds three thousand dollars, or where his claim is forfeited to the United States by the judgment of said court, as provided in section one thousand and eighty-nine. Act March 3, 1863, c. 92, 88 5, 11, 12 Stat. 766, 767. Act June 25, 1868, c. 71, § 1, 15 Stat. 75. The reference in this section to Rev. St. § 1089, is intended, ap- Secs. 707-709) 575 Tit. 13—THE JUDICIARY —Ch. 11. parently, to be to Rev. St. § 1086, which provides for forfeiture of a claim against the United States for fraud in the proof, statement, establishment, or allowance thereof. Provisions for appeals to the Supreme Court in suits against the United States, brought under Act March 3, 1887, c. 359, are contained in section 9 of that act, and in proceedings on Indian depredation claims, under Act March 3, 1891, c. 538, in section 10 of that act, post, under chapter 21 of this Title. Appeals to the Supreme Court from decisions of the Court of Private Land Claims are authorized by Act March 3, 1891, c. 539, 88 9, 14, post, under chapter 21 A of this Title. Sec. 708. Time and manner of appeals from the Court of Claims. All appeals from the Court of Claims shall be taken within ninety days after the judgment is rendered, and shall be allowed under such regulations as the Supreme Court may direct. Act March 3, 1863, c. 92, $$ 5, 11, 12 Stat. 766, 767. Act June 25, 1868, c. 71, § 1, 15 Stat. 75. The modes of procedure in claiming and perfecting appeals in suits against the United States, under Act March 3, 1887, c. 359, § 9, and in proceedings on Indian depredation claims, under Act March 3, 1891, c. 538, § 10, post, under chapter 21 of this Title, are to conform to the statutes and rules of court governing appeals in other cases. Sec. 709, [As amended 1875.] Judgments and decrees of State courts on writ of error. A final judgment or decree in any suit in the highest court of a State, in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the Constitution, treaties, or laws of the United States, and the decision is in favor of their validity; or where any ti- tle, right, privilege, or immunity is claimed under the Constitution, or any treaty or statute of, or commission held or authority exer- cised under, the United States, and the decision is against the title, right, privilege, or immunity specially set up or claimed, by either party, under such Constitution, treaty, statute, commission, or au- thority, may be re-examined and reversed or affirmed in the Supreme Court upon a writ of error. The writ shall have the same effect as if the judgment or decree complained of had been rendered or passed in a court of the United States. The Supreme Court may reverse, modify, or affirm the judgment or decree of such State court, and may, at their discretion, award execution, or remand the same to the court from which it was re- moved by the writ. Act Sept. 24, 1789, c. 20, $ 25, 1 Stat. 85. Act Feb. 5, 1867, c. 28, $ 2, 14 Stat. 386. Act Feb. 18. 1875, c. 80, 18 Stat. 318. The amendment of this section by Act Feb. 18, 1875, c. 80, cited above, consists in striking out the last clause of the first paragraph of the section as originally enacted, which read as follows: "and the 576 (Secs. 709–710 Tit. 13—THE JUDICIARY —Ch. 12. proceeding upon the reversal shall be the same, except that the Su- preme Court may, at their discretion, proceed to a final decision of the case, and award execution, or remand the same to the court from which it was so removed"; and striking from the second paragraph, after the words “the Supreme Court may," the word "reaffirm." Provisions relating to the issue of writs of error to State courts are contained in Rev. St. $ 1003. Provisions relating to bail in criminal cases pending a writ of error to review a judgment of a State court thereon are contained in Rev. St. § 1017. Sec. 710. Precedence of writs of error to State courts in criminal cause. Cases on writ of error, to revise the judgment of a State court in any criminal case, shall have precedence, on the docket of the Supreme Court, of all cases to which the Government of the United States is not a party, excepting only such cases as the court, in its discretion, may decide to be of public importance. Act July 13, 1866, c. 184, § 69, 14 Stat. 172. Act Sept. 24, 1789, c. 20, $ 25, 1 Stat. 85. Act Feb. 5, 1867, c. 28, § 2, 14 Stat. 386. CHAPTER TWELVE. Provisions Common to More Than One Court or Judge. Sec. 711. Exclusive jurisdiction of courts of United States. 1. Crimes and offenses. 2. Penalties and forfeitures. 3. Admiralty causes. 4. Seizures on land. 5. Patent and copyright cases. 6. In bankruptcy. 7. States. 712. Oath of United States judges. 713. Judges prohibited from practicing law. 714. Judges resigning entitled, in cer- tain cases, to salary for life. Act July 1, 1898, c. 546, § 1. Compensation of clerks secre- taries of retired officials. 715. Criers of the courts; attendants on juries. Act March 3, 1887, c. 373, § 7. Relatives of judges not to be ap- pointed or employed in the courts. Act March 2, 1895, c. 189. Officers of courts, attendance; em- ployment during vacation. Sec. 716. Power to issue writs. 717. Writs of ne exeat. 718. Temporary restraining orders. 719. Injunctions. 720. Injunction to stay proceedings in State courts. 721. Laws of the States; rules of de- cision. Act June 1, 1874, c. 200. Laws of the States applicable to occupying claimants. Act March 3, 1887, c. 373, 88 2, 3. 2. Management of property by re- ceivers according to State laws. 3. Suits against receivers; leave of court. 722. Proceedings, civil and criminal, in vindication of civil rights. 723. When suits in equity may be maintained. 724. Power to order production of books and writings in actions at law. 725. Power to impose oaths and pun- ish contempts. Sec. 711) 577 Tit. 13— THE JUDICIARY —Ch. 12. Sec. Sec. 726. New trials. 741. Suits of a local nature in States 727. Power to hold to security for the containing several districts. peace and good behavior. 742. When land lies in different dis- 728. Power to enforce awards of for- tricts of same State. eign consuls, etc., in certain Act March 3, 1897, c. 395. cases. Suits for infringement of patents, in 729. Offenses punishable with death, what district to be brought. where tried. 743. In Indiana; where actions may 730. Offenses on the high seas, etc., be commenced. where triable. 744. [Superseded.] 731. Offenses begun in one district and 745. Kentucky; where suits to be re- completed in another. turned and tried. 732. Suits for pecuniary penalties and 746. Causes in progress of trial not dis- forfeitures, where to be brought. continued by arrival of new 733. Suits for internal revenue taxes, term. where to be brought. 747. Parties may manage their causes 734. Seizures, where cognizable. personally or by counsel. 735. Captures of insurrectionary prop- Act Feb. 15, 1879, c. 81. erty, where cognizable. Admission of women to practice be- 736. Proceedings to enjoin Comptroller fore Supreme Court. of the Currency. 748. Certain officers forbidden to prac- 737. When a part of several defendants tice as attorneys, etc. cannot be served. 749. Penalty for violating preceding 738. [Superseded.] section. 739. [Superseded.] Act March 3, 1879, c. 183. 740. Suits not of a local nature in Appointment of clerks or their depu- States containing several dis- ties receivers or masters forbidden. tricts. 750. Final record, how made in equity and admiralty causes. Sec. 711. [As amended 1875.] . Exclusive jurisdiction of courts of United States. The jurisdiction vested in the courts of the United States in the cases and proceedings hereinafter mentioned, shall be exclusive of the courts of the several States : Act Sept. 24, 1789, c. 20, $$ 9, 11, 1 Stat. 76. Crimes and offenses. First. Of all crimes and offenses cognizable under the authority of the United States. Act Sept. 24, 1789, c. 20, $ 9, 1 Stat. 76. Penalties and forfeitures. Second. Of all suits for penalties and forfeitures incurred under the laws of the United States. Act Sept. 24, 1789, c. 20, $ 9, 1 Stat. 76. Admiralty causes. Third. Of all civil causes of admiralty and maritime jurisdiction; saving to suitors, in all cases, the right of a common-law remedy, where the common law is competent to give it. Act Sept. 24, 1789, c. 20, § 9, 1 Stat. 76. LAWS '01-37 578 (Secs. 711-714 Tit. 13—THE JUDICIARY —Ch. 12. Seizures on land. Fourth. Of all seizures under the laws of the United States, on land or on waters not within admiralty and maritime jurisdiction. Act Sept. 24, 1789, c. 20, § 9, 1 Stat. 76. Act July 13, 1866, c. 184, $ 9, 14 Stat. 111. Act March 3, 1867, c. 169, § 25, 14 Stat. 483. Act Aug. 6, 1861, c. 60, $ 2, 12 Stat. 319. Patent and copyright cases. Fifth. Of all cases arising under the patent-right or copyright laws of the United States. Act July 8, 1870, c. 230, $$ 55, 56, 58, 106, 16 Stat. 206, 207, 215. In bankruptcy. Sixth. Of all matters and proceedings in bankruptcy. Act March 2, 1867, c. 176, § 1, 14 Stat. 517. States. Seventh. Of all controversies of a civil nature, where a State is a party, except between a State and its citizens, or between a State and citizens of other States, or aliens. Act Sept. 24, 1789, c. 20, § 13, 1 Stat. 80. Act Feb. 18, 1875, c. 80, 18 Stat. 318. This section is amended by Act Feb. 18, 1875, c. 80, cited above, by striking out paragraph 8 of the section, as originally enacted, which read as follows: "Eighth. Of all suits or proceedings against embassadors, or other public ministers, or their domestics, or domestic servants, or against consuls or vice consuls." Sec. 712. Oath of United States judges. The justices of the Supreme Court, the circuit judges, and the dis- trict judges, hereafter appointed, shall take the following oath be- fore they proceed to perform the duties of their respective offices: "I, do solemnly swear (or affirm) that I will admin- ister justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially dis- charge and perform all the duties incumbent on me as cording to the best of my abilities and understanding, agreeably to the Constitution and laws of the United States: So help me God.” Act Sept. 24, 1789, c. 20, § 8, 1 Stat. 76. ac- Sec. 713. Judges prohibited from practicing law. It shall not be lawful for any judge appointed under the authority of the United States to exercise the profession or employment of counsel or attorney, or to be engaged in the practice of the law. And any person offending against the prohibition of this section shall be deemed guilty of a high misdemeanor. Act Dec. 18, 1812, c. 5, 2 Stat. 788. Sec. 714. Judges resigning entitled, in certain cases, to salary for life. When any judge of any court of the United States resigns his of- Secs. 714-715) 579 Tit. 13—THE JUDICIARY —Ch. 12. fice, after having held his commission as such at least ten years, and having attained the age of seventy years, he shall, during the residue of his natural life, receive the same salary which was by law payable to him at the time of his resignation. Act April 10, 1869, c. 22, § 5, 16 Stat. 45. ACT JULY 1, 1898, c. 546, § 1. Compensation of clerks or secretaries of retired officials. That hereafter no allowance or compensation for clerks or secre- taries of officials of the United States retired from active service shall be authorized. Act July 1, 1898, c. 546, § 1, 30 Stat. 644. This is a proviso annexed to a provision of the sundry civil appropri- ation act for the year ending June 30, 1899, cited above, for payment for services as clerk to a retired justice of the Supreme Court. Sec. 715. Criers of the courts; attendants on juries. The circuit and district courts may appoint criers for their courts, to be allowed the sum of two dollars per day; and the marshals may appoint such a number of persons, not exceeding five, as the judges of their respective courts may determine, to attend upon the grand and other juries, and for other necessary purposes, who shall be allowed for their services the sum of two dollars per day, to be paid by and included in the accounts of the marshal, out of any money of the United States in his hands. Such compensation shall be paid only for actual attendance, and, when both courts are in session at the same time, only for attendance on one court. Act Feb. 26, 1853, c. 80, § 1, 10 Stat. 165. Act March 2, 1867, c. 156, $ 2, 14 Stat. 433. The appointment or employment of relatives of any judge in any office or duty in any court of which such judge may be a member is forbidden by Act March 3, 1887, c. 373, $ 7, and Act Aug. 13, 1888, c. 866, $ 7, set forth below. Persons employed under this section are to be deemed to be in actual attendance when they attend upon the order of the courts; but no such person is to be employed during vacation, by provisions of the annual appropriation acts since 1895, set forth and referred to below. The usual appropriation is "for pay of bailiffs and criers, not exceeding three bailiffs and one crier in each court, except in the southern district of New York.” Act March 3, 1901, c. 853, 31 Stat. 1183. ACT MARCH 3, 1887, c. 373, § 7. [As amended 1888.] Relatives of judges not to be appointed or employed in the courts. That no person related to any justice or judge of any court of the United States by affinity or consanguinity within the degree of first cousin shall hereafter be appointed by such court or judge to, or employed by such court or judge in, any office or duty in any court of which such justice or judge may be a member. Act March 3, 1887, c. 373, § 7, 24 Stat. 555. Act Aug. 13, 1888, c. 866, 87, 25 Stat. 437. 580 (Secs. 715-718 Tit. 13— THE JUDICIARY -Ch. 12. ACT MARCH 2, 1895, c. 189. Officers of courts, attendance; employment during vacation. That all persons employed under section seven hundred and fifteen of the Revised Statutes shall be deemed to be in actual attendance when they attend upon the order of the courts: And provided fur- ther, That no such person shall be employed during vacation; * Act March 2, 1895, c. 189, 28 Stat. 958. Act Feb. 26, 1896, c. 33, 29 Stat. 25. Act June 8, 1896, c. 373, 29 Stat. 298. Act June 11, 1896, c. 420, 29 Stat. 451. Act July 19, 1897, c. 9, 30 Stat. 133. Act July 1, 1898, c. 546, 30 Stat. 644. Act July 7, 1898, c. 571, 30 Stat. 684. Act March 3, 1899, c. 424, 30 Stat. 1116. Act June 6, 1900, c. 785, 31 Stat. 305. Act June 6, 1900, c. 791, 31 Stat. 641. Act March 3, 1901, c. 831, 31 Stat. 1047. Act March 3, 1901, c. 853, 31 Stat. 1183. These provisions, annexed to the appropriation for bailiffs and criers in the sundry civil appropriation act for the year ending June 30, 1896, are repeated in subsequent similar appropriations and in deficiency appro- priation acts, cited above. Sec. 716. Power to issue writs. The Supreme Court and the circuit and district courts shall have power to issue writs of scire facias. They shall also have power to issue all writs not specifically provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreea- ble to the usages and principles of law. Act Sept. 24, 1789, c. 20, § 14, 1 Stat. 81. Act March 2, 1793, c. 22, § 5, 1 Stat. 334. The powers specified in this section are conferred on the circuit courts of appeals also, by the act establishing those courts, Act March 3, 1891, c. 517, $ 12, ante, under chapter 8 A of this Title. Sec. 717. Writs of ne exeat. Writs of ne exeat may be granted by any justice of the Supreme Court, in cases where they might be granted by the Supreme Court; and by any circuit justice or circuit judge, in cases where they might be granted by the circuit court of which he is a judge. But no writ of ne exeat shall be granted unless a suit in equity is commenced, and satisfactory proof is made to the court or judge granting the same that the defendant designs quickly to depart from the United States. Act March 2, 1793, c. 22, § 5, 1 Stat. 334. Act April 10, 1869, c. 22, & 2, 16 Stat. 44. Sec. 718. Temporary restraining orders. Whenever notice is given of a motion for an injunction out of a circuit or district court, the court or judge thereof may, if there appears to be danger of irreparable injury from delay, grant an or- der restraining the act sought to be enjoined until the decision upon the motion; and such order may be granted with or without security, in the discretion of the court or judge. Act June 1, 1872, c. 255, § 7, 17 Stat. 197. Secs. 719-721) 581 Tit. 13— THE JUDICIARY —Ch. 12. Sec. 719. Injunctions. Writs of injunction may be granted by any justice of the Supreme Court in cases where they might be granted by the Supreme Court; and by any judge of a circuit court in cases where they might be granted by such court. But no justice of the Supreme Court shall hear or allow any application for an injunction or restraining order in any cause pending in the circuit to which he is allotted, elsewhere than within such circuit, or at such place outside of the same as the parties may stipulate in writing, except when it cannot be heard by the circuit judge of the circuit or the district judge of the district. And an injunction shall not be issued by a district judge, as one of the judges of a circuit court, in any case where a party has had a reasonable time to apply to the circuit court for the writ; nor shall any injunction so issued by a district judge continue longer than to the circuit court next ensuing, unless so ordered by the circuit court. Act March 2, 1793, c. 22, § 5, 1 Stat. 334. Act Feb. 13, 1807, c. 13, 2 Stat. 418. Act April 10, 1869, c. 22, § 1, 16 Stat. 44. Act June 1, 1872, c. 255, $ 7, 17 Stat. 197. Sec. 720. Injunction to stay proceedings in State courts. The writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a State, except in cases where such injunction may be authorized by any law re- lating to proceedings in bankruptcy. Act March 2, 1793, c. 22, § 5, 1 Stat. 334. Provisions for stay of proceedings in suits pending against a person at the time of filing a petition in bankruptcy against him, until after an adjudication or dismissal of the petition, are contained in the Bank- ruptcy Act of 1898, Act July 1, 1898, c. 541, § 11, post, under Title LXI, "Bankruptcy." Sec. 721. Laws of the States; rules of decision. The laws of the several States, except where the Constitution, treaties, or statutes of the United States otherwise require or pro- vide, shall be regarded as rules of decision in trials at common law, in the courts of the United States, in cases where they apply. Act Sept. 24, 1789, c. 20, $ 34, 1 Stat. 92. ACT JUNE 1, 1874, c. 200. An Act for the Benefit of Occupying Claimants. (18 Stat. 50.) Laws of the States applicable to occupying claimants. Be it enacted, &c., That when an occupant of land, having color of title, in good faith has made valuable improvements thereon, and is, in the proper action, found not to be the rightful owner thereof, such occupant shall be entitled in the Federal courts to all the rights and remedies, and, upon instituting the proper proceedings, such 582 (Secs. 721-722 Tit. 13— THE JUDICIARY - Ch. 12. relief as may be given or secured to him by the statutes of the State or Territory where the land lies, although the title of the plaintiff in the action may have been granted by the United States after said improvements were so made. Act June 1, 1874, c. 200, 18 Stat. 50. ACT MARCH 3, 1887, c. 373, 88 2, 3. [As amended 1888.] Management of property by receivers according to State laws. Sec. 2. That whenever in any cause pending in any court of the Unit- ed States there shall be a receiver or manager in possession of any property, such receiver or manager shall manage and operate such property according to the requirements of the valid laws of the State in which such property shall be situated, in the same manner that the owner or possessor thereof would be bound to do if in possession thereof. Any receiver or manager who shall willfully violate the provisions of this section shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine not exceeding three thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court. Act March 3, 1887, c. 373, § 2, 24 Stat, 554. Act Aug. 13, 1888, c. 866, § 2, 25 Stat. 436. Suits against receivers; leave of court. Sec. 3. That every receiver or manager of any property appointed by any court of the United States may be sued in respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the court in which such re- ceiver or manager was appointed; but such suit shall be subject to the general equity jurisdiction of the court in which such receiver or manager was appointed, so far as the same shall be necessary to the ends of justice. Act March 3, 1887, c. 373, § 3, 24 Stat. 554. Act Aug. 13, 1888, c. 866, § 3, 25 Stat. 436. Sec. 722. Proceedings, civil and criminal, in vindication of civil rights. The jurisdiction in civil and criminal matters conferred on the district and circuit courts by the provisions of this Title, and of Title “Civil Rights,” and of Title *Crimes,” for the protection of all persons in the United States in their civil rights, and for their vindication, shall be exercised and enforced in conformity with the laws of the United States, so far as such laws are suitable to carry the same into effect; but in all cases where they are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies and punish offenses against law, the common law, as modified and changed by the constitution and statutes of the State wherein the court having jurisdiction of such civil or criminal cause is held, so far as the same is not inconsistent with the Con- stitution and laws of the United States, shall be extended to and Secs. 723–725) 583 Tit. 13— THE JUDICIARY —Ch. 12. govern the said courts in the trial and disposition of the cause, and, if it is of a criminal nature, in the infliction of punishment on the party found guilty. Act April 9, 1866, c. 31, § 3, 14 Stat. 27. Act May 31, 1870, c. 114, $ 18, 16 Stat. 144. Sec. 723. When suits in equity may be maintained. Suits in equity shall not be sustained in either of the courts of the United States in any case where a plain, adequate, and complete remedy may be had at law. Act Sept. 24, 1789, c. 20, $ 16, 1 Stat. 82. Sec. 724. Power to order production of books and writings in actions at law. In the trial of actions at law, the courts of the United States may, on motion and due notice thereof, require the parties to produce books or writings in their possession or power, which contain evi- dence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the same by the ordinary rules of proceeding in chancery. If a plaintiff fails to comply with such order, the court may, on motion, give the like judgment for the defendant as in cases of nonsuit; and if a defendant fails to comply with such order, the court may, on motion, give judgment against him by default. Act Sept. 24, 1789, c. 20, § 15, 1 Stat. 82. Provisions for compelling production of books and receipts in proceed- ings, other than criminal, under revenue laws, are contained in Act June 22, 1874, c. 391, § 5, post, under Title XXXIV, "Collection of Duties upon Imports," c. 10, but are held unconstitutional in the case of Boyd v. United States, 116 U. S. 616, 6 Sup. Ct. Rep. 524. Sec. 725. Power to impose oaths and punish contempts. The said courts shall have power to impose and administer all necessary oaths, and to punish, by fine or imprisonment, at the dis- cretion of the court, contempts of their authority: Provided, That such power to punish contempts shall not be construed to extend to any cases except the misbehavior of any person in their presence, or so near thereto as to obstruct the administration of justice, the misbehavior of any of the officers of said courts in their official transactions, and the disobedience or resistance by any such officer, or by any party, juror, witness, or other person, to any lawful writ, process, order, rule, decree, or command of the said courts. Act Sept. 24, 1789, c. 20, § 17, 1 Stat. 83. Act March 2, 1831, c. 99, § 1, 4 Stat. 487. Authority to administer oaths and affirmations is conferred on the jus- tices of the Court of Private Land Claims, by Act March 3, 1891, c. 539, § 1, post, under chapter 21 A of this Title. 584 (Secs. 726-728 Tit. 13—THE JUDICIARY —Ch. 12. Sec. 726. New trials. All of the said courts shall have power to grant new trials, in cases where there has been a trial by jury, for reasons for which new trials have usually been granted in the courts of law. Act Sept. 24, 1789, c. 20, $ 17, 1 Stat. 83. Sec. 727. Power to hold to security for the peace and good behavior. The judges of the Supreme Court and of the circuit and district courts, the commissioners of the circuit courts, and the judges and other magistrates of the several States who are or may be authorized by law to make arrests for offenses against the United States, shall have the like authority to hold to security of the peace, and for good behavior, in cases arising under the Constitution and laws of the United States, as may be lawfully exercised by any judge or justice of the peace of the respective States, in cases cognizable be- fore them. Act Sept. 24, 1789, c. 20, $ 33, 1 Stat. 91. Act March 2, 1793, c. 22, $ 4, 1 Stat. 334. Act July 16, 1798, c. 83, 1 Stat. 609. Act Aug. 23, 1842, c. 188, § 1, 5 Stat. 516. Act May 15, 1862, c. 71, § 8, 12 Stat. 387. Act April 10, 1869, c. 22, § 2, 16 Stat. 44. This provision is made applicable to the courts in the District of Co- lumbia by Act June 22, 1874, c. 396, § 2, 18 Stat. 193. See note under section next following as to change in offices of com- missioners of circuit courts. Sec. 728. Power to enforce awards of foreign consuls, etc., in certain cases. The district and circuit courts, and the commissioners of the cir- cuit courts, shall have power to carry into effect, according to the true intent and meaning thereof, the award, or arbitration, or decree of any consul, vice-consul, or commercial agent of any foreign na- tion, made or rendered by virtue of authority conferred on him as such consul, vice-consul, or commercial agent, to sit as judge or arbitrator in such differences as may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to his charge; application for the exercise of such power being first made to such court or commissioner by petition of such consul, vice-consul, or commercial agent. And said courts and com- . missioners may issue all proper remedial process, mesne and final , to carry into full effect such award, arbitration, or decree, and to enforce obedience thereto, by imprisonment in the jail or other place of confinement in the district in which the United States may law- fully imprison any person arrested under the authority of the United States, until such award, arbitration, or decree is complied with, or the parties are otherwise discharged therefrom, by the consent in writing of such consul, vice-consul, or commercial agent, or his successor in office, or by the authority of the foreign government appointing such consul, vice-consul, or commercial agent: Provided, Secs. 728-732) 585 Tit. 13— THE JUDICIARY —Ch. 12. however, That the expenses of the said imprisonment, and mainte- nance of the prisoners, and the cost of the proceedings, shall be borne by such foreign government, or by its consul, vice-consul, or commercial agent requiring such imprisonment. The marshals of the United States shall serve all such process, and do all other acts necessary and proper to carry into effect the premises, under the authority of the said courts and commissioners. Act Aug. 8, 1846, c. 105, 9 Stat. 78. The oifices of the commissioners of the circuit courts were abolished, and United States commissioners were appointed in their places, by Act May 28, 1896, c. 252, § 19, ante, under Rev. St. $ 627. The powers and proceedings of foreign consuls, etc., in cases of dis- putes between the master or officers or any of the crew of vessels of the nation represented by such officer, are regulated by Rev. St. $$ 4079-4081. Sec. 729. Offenses punishable with death, where tried. The trial of offenses punishable with death shall be had in the county where the offense was committed, where that can be done without great inconvenience. Act Sept. 24, 1789, c. 20, § 29, 1 Stat. 88. Act July 16, 1862, c. 189, § 2, 12 Stat. 589. Provisions for special sessions of circuit courts for trial of criminal causes, near the place of the offense, are contained in Rev. St. § 661. Sec. 730. Offenses on the high seas, etc., where triable. The trial of all offenses committed upon the high seas or else- where, out of the jurisdiction of any particular State or district, shall be in the district where the offender is found, or into which he is first brought. Act April 30, 1790, c. 9, § 8, 1 Stat. 113. Act April 20, 1818, c. 88, $ 4, 3 Stat. 448. Act May 15, 1820, c. 113, $$ 3-5, 3 Stat. 600. Act March 3, 1825, c. 65, $8 5, 14, 4 Stat. 115, 118. Act March 3, 1847, c. 51, 9 Stat. 175. Sec. 731. Offenses begun in one district and completed in another. When any offense against the United States is begun in one ju- dicial circuit and completed in another, it shall be deemed to have been committed in either, and may be dealt with, inquired of, tried, determined, and punished in either district, in the same manner as if it had been actually and wholly committed therein. Act March 2, 1867, c. 169, $ 30, 14 Stat. 484. The word "circuit” in this section is used by mistake, apparently, in- stead of the word "district." Sec. 732. Suits for pecuniary penalties and forfeitures, where to be brought. All pecuniary penalties and forfeitures may be sued for and re- 586 (Secs. 733-736 Tit. 13—THE JUDICIARY—Ch. 12. covered either in the district where they accrue or in the district where the offender is found. Act Feb. 28, 1839, c. 36, § 3, 5 Stat. 322. Act July 13, 1866, c. 184, § 9, 14 Stat. 111, 145. Act June 30, 1864, c. 173, $$ 41, 179, 13 Stat. 239, 305. Sec. 733. Suits for internal revenue taxes, where to be brought. Taxes accruing under any law providing internal revenue may be sued for and recovered either in the district where the liability for such tax occurs or in the district where the delinquent resides. Act July 13, 1866, c. 184, $ 9, 14 Stat. 111. Sec. 734. Seizures, where cognizable. Proceedings on seizures, for forfeiture under any law of the United States, made on the high seas may be prosecuted in any district into which the property so seized is brought and proceedings in- stituted. Proceedings on such seizures made within any district shall be prosecuted in the district where the seizure is made, except in cases where it is otherwise provided. Act Sept. 24, 1789, c. 20, $ 9, 1 Stat. 76. Act July 13, 1861, c. 3, SS 4, 5, 9, 12 Stat. 256-258. Act Aug. 6, 1861, c. 60, § 2, 12 Stat. 319. Act June 30, 1864, c. 173, $ 48, 13 Stat. 240. Act July 13, 1866, c. 184, § 9, 14 Stat. 111. Act March 2, 1867, c. 169, $ 25, 14 Stat. 483. Sec. 735. Captures of insurrectionary property, where cognizable. Proceedings for the condemnation of any property captured wheth- er on the high seas or elsewhere out of the limits of any judicial district, or within any district, on account of its being purchased or acquired, sold or given, with intent to use or employ the same, or to suffer it to be used or employed, in aiding, abetting, or promot- ing any insurrection against the Government of the United States, or knowingly so used or employed by the owner thereof, or with his consent, may be prosecuted in any district where the same may be seized, or into which it may be taken and proceedings first in- stituted. Act Aug. 6, 1861, c. 60, $ 2, 12 Stat. 319. Act Feb. 18, 1875, c. 80, 18 Stat. 318. The amendment of this section by Act Feb. 18, 1875, c. 80, cited above, consists in striking out the words “as prize," which, in the section as originally enacted, followed the first words, "proceedings for the con- demnation of any property captured.” Proceedings on seizures for forfeiture of vessels or cargoes or of goods on certain similar grounds may be prosecuted in any district into which the property so seized may be taken, by Rev. St. $ 564. Sec. 736. Proceedings to enjoin Comptroller of the Currency. All proceedings by any national banking association to enjoin the Comptroller of the Currency, under the provisions of any law Secs. 736–740) - Tit. 13—THE JUDICIARY —Ch587 . 12. relating to national banking associations, shall be had in the district where such association is located. Act June 3, 1864, c. 106, 88 50, 57, 13 Stat. 115, 116. Proceedings to enjoin the Comptroller of the Currency, referred to in this section, are authorized by Rev. St. $ 5237, and jurisdiction thereof is given to the circuit courts by Rev. St. $ 629, par. 11. Sec. 737. When a part of several defendants cannot be served. When there are several defendants in any suit at law or in equity, and one or more of them are neither inhabitants of nor found within the district in which the suit is brought, and do not voluntarily ap- pear, the court may entertain jurisdiction, and proceed to the trial and adjudication of the suit between the parties who are properly before it; but the judgment or decree rendered therein shall not conclude or prejudice other parties not regularly served with process nor voluntarily appearing to answer; and non-joinder of parties who are not inhabitants of nor found within the district, as aforesaid, shall not constitute matter of abatement or objection to the suit. Act Feb. 28, 1839, c. 36, § 1, 5 Stat. 321. Sec. 738. [Superseded. Act March 3, 1875, C. 137, § 8.] This section related to proceedings in suits in equity to enforce liens or claims against property within the district, when any defendant was not an inhabitant of nor found within the district, and did not appear voluntarily. It is superseded by the more comprehensive provisions of the same nature contained in section 8 of Act March 3, 1875, c. 137, which are made applicable to such suits in the circuit courts only, and therefore are set forth ante, under Rev. St. § 629; only the circuit courts having jurisdiction of such suits. Sec. 739. [Superseded. Act March 3, 1875, C. 137, § 1, Act March 3, 1887, C. 373, § 1, and Act Aug. 13, 1888, c. 866, § 1.] This section provided that, except in certain cases specified, no person should be arrested in one district for trial in another, in any civil action before a circuit or district court, and no civil suit should be brought before either of said courts against an inhabitant of the United States by any original process in any other district than that of which he was an inhabitant or in which he was found at the time of serving the writ. It is superseded by the provisions on the same subject of Act March 3, 1875, c. 137, § 1, amended by Act March 3, 1887, c. 373, § 1, and Aut Aug. 13, 1888, c. 866, § 1, ante, under Rev. St. § 629. Sec. 740. Suits not of a local nature in States containing several districts. When a State contains more than one district, every suit not of a local nature, in the circuit or district courts thereof, against a single defendant, inhabitant of such State, must be brought in the district 588 (Secs. 740–742 Tit. 13- 13— THE JUDICIARY —Ch. 12. where he resides; but if there are two or more defendants, residing in different districts of the State, it may be brought in either district, and a duplicate writ may be issued against the defendants, directed to the marshal of any other district in which any defendant resides. The clerk issuing the duplicate writ shall indorse thereon that it is a true copy of a writ sued out of the court of the proper district; and such original and duplicate writs, when executed and returned into the office from which they issue, shall constitute and be proceeded on as one suit; and upon any judgment or decree rendered therein, execution may be issued, directed to the marshal of any district in the same State. Act May 4, 1858, c. 27, § 1, 11 Stat. 272. Act Feb. 24, 1863, c. 54, $ 9, 12 Stat. 662. Many provisions similar to those of this section and the five sections next following it, prescribing the places of bringing suit, of issue, serv- ice, and return of process, and of trial, but relating only to particular districts or divisions therein, are contained in statutes establishing such districts or divisions, inseparably connected with other provisions, and therefore are set forth as part of such statutes, under chapter 1 of this Title. Sec. 741. Suits of a local nature in States containing several districts. In suits of a local nature, where the defendant resides in a differ- ent district, in the same State, from that in which the suit is brought, the plaintiff may have original and final process against him, directed to the marshal of the district in which he resides. Act May 4, 1858, c. 27, § 1, 11 Stat. 272. Sec. 742. When land lies in different districts of same State. Any suit of a local nature, at law or in equity, where the land or other subject-matter of a fixed character lies partly in one district and partly in another, within the same State, may be brought in the circuit or district court of either district; and the court in which it is brought shall have jurisdiction to hear and decide it, and to cause mesne or final process to be issued and executed, as fully as if the said subject-matter were wholly within the district for which such court is constituted. Act May 4, 1858, c. 27, § 2, 11 Stat. 272. The provisions of this section, so far as they apply to the suits in the circuit courts to enforce lieus on or claims to, or to remove incumbran- ces or liens or clouds on title from, real or personal property, which are included in Act March 3, 1875, c. 137, § 3, ante, under Rev. St. § 629, may be regarded as superseded by the provision of that section that "when a part of the said real or personal property against which such proceedings shall be taken shall be within another district, but within the same State, said suit may be brought in either district in said State." ACT MARCH 3, 1897, c. 395. An Act Defining the Jurisdiction of the United States Circuit Secs. 742–745) 589 Tit. 13—THE JUDICIARY –Ch. 12. Courts in Cases Brought for the Infringement of Letters Patent. (29 Stat. 695.) Suits for infringement of patents, in what district to be brought. Be it enacted, &c., That in suits brought for the infringement of letters patent the circuit courts of the United States shall have juris- diction, in law or in equity, in the district of which the defendant is an inhabitant, or in any district in which the defendant, whether a person, partnership, or corporation, shall have committed acts of infringement and have a regular and established place of business. If such suit is brought in a district of which the defendant is not an inhabitant, but in which such defendant has a regular and estab- lished place of business, service of process, summons, or subpoena upon the defendant may be made by service upon the agent or agents engaged in conducting such business in the district in which suit is brought. Act March 3, 1897, c. 395, 29 Stat. 695. Jurisdiction of suits arising under the patent laws is conferred on the circuit courts by Rev. St. 8 629, par. 9. Sec. 743. In Indiana; where actions may be commenced. In the district of Indiana all actions of which the circuit and dis- trict courts have jurisdiction may be instituted in said courts, re- spectively, held at New Albany and Evansville, in the first instance, by filing the proper pleadings or other papers in the offices of the deputy clerks performing the duties of clerks of said courts re- spectively; and all proper and lawful process shall issue therefrom in the same manner as from other circuit and district courts in like cases. Act March 3, 1871, c. 108, § 1, 16 Stat. 473. See note under Rev. St. 8 740. Sec. 744. [Superseded. Act July 20, 1882, c. 312, § 9.] This section related to the district of Iowa, as then constituted and subdivided into divisions by Rev. St. $ 537, and prescribed the divisions in which all suits not of a local nature should be brought, and in which issues of fact in such suits should be tried. It is superseded by the division of the state into two districts, and of the districts into divisions, by Act July 20, 1882, c. 312, and later statutes, ante, under Rev. St. $ 537, which contain similar provisions for the bringing and trial of suits in the divisions in the districts established thereby. Sec. 745. Kentucky; where suits to be returned and tried. In the district of Kentucky the clerks of the circuit and district courts, respectively, upon issuing original process in a civil action, shall make it returnable to the court nearest to the county of the resi- dence of the defendant, or of that defendant whose county is nearest a court, if he have information sufficient, and shall immediately, upon 590 (Secs. 745–748 Tit. 13—THE JUDICIARY —Ch. 12. payment by the plaintiff of his fees accrued, send the papers filed to the clerk of the court to which the process is made returnable; and whenever the process is not thus made returnable, any defendant may, upon motion, on or before the calling of the cause, have it transferred to the court to which it should have been sent had the clerk known the residence of the defendant when the action was brought. Act May 15, 1862, c. 71, § 9, 12 Stat. 387. See note under Rev. St. 8 740. Sec. 746. Causes in progress of trial not discontinued by arrival of new term. When the trial or hearing of any cause, civil or criminal, in a circuit or district court, has been commenced and is in progress be- fore a jury or the court, it shall not be stayed or discontinued by the arrival of the time fixed by law for another session of said court; and the court may proceed therein and bring it to a conclusion, in the same manner and with the same effect as if another stated term of the court had not intervened. Act March 2, 1855, C. 140, § 1, 10 Stat. 630. Sec. 747. Parties may manage their causes personally or by counsel. In all the courts of the United States the parties may plead and manage their own causes personally, or by the assistance of such counsel or attorneys at law as, by the rules of the said courts, re- spectvely, are permitted to manage and conduct causes therein. Act Sept. 24, 1789, c. 20, $ 35, 1 Stat. 92. ACT FEB. 15, 1879, c. 81. An Act to Relieve certain Legal Disabilities of Women. (20 Stat. 292.) Admission of women to practice before Supreme Court. Be it enacted, &c., That any woman who shall have been a mem- ber of the bar of the highest court of any State or Territory or of the Supreme Court of the District of Columbia for the space of three years, and shall have maintained a good standing before such court, and who shall be a person of good moral character, shall, on mction, and the production of such record, be admitted to practice before the Supreme Court of the United States. Act Feb. 15, 1879, c. 81, 20 Stat. 292. Sec. 748. Certain officers forbidden to practice as attorneys, etc. No clerk, assistant or deputy clerk, of any territorial, district, or circuit court, or of the Court of Claims, or the Supreme Court of the United States, or marshal or deputy marshal of the United States within the district for which he is appointed, shall act as a Secs. 748–750) 591 Tit. 13—THE JUDICIARY —Ch. 13. solicitor, proctor, attorney, or counsel in any cause depending in either of said courts, or in any district for which he is acting as such officer. Act Jan. 16, 1873, c. 36, § 1, 17 Stat. 411, The appointment of a clerk or deputy clerk of the district or circuit courts, a receiver or a master, except where special reasons exist there. for, is forbidden by Act March 3, 1879, c. 183, post, following Rev. St. § 749. Sec. 749. Penalty for violating preceding section. Whosoever violates the preceding section shall be stricken from the roll of attorneys by the court upon complaint, upon which the respondent shall have due notice, and be heard in his defense; and in the case of a marshal or deputy marshal so acting, he shall be recommended by the court for dismissal from office. Act Jan. 16, 1873, c. 36, § 2, 17 Stat. 411. ACT MARCH 3, 1879, c. 183. Appointment of clerks or their deputies receivers or masters forbidden. No clerk of the district or circuit courts of the United States or their deputies shall be appointed a receiver or a master in any case except where the judge of said court shall determine that special reasons exist therefor to be assigned in the order of appointment. Act March 3, 1879, c. 183, 20 Stat. 415. Sec. 750. Final record, how made in equity and admiralty causes. In equity and admiralty causes, only the process, pleadings, and decree, and such orders and memorandums as may be necessary to show the jurisdiction of the court and regularity of the proceedings, shall be entered upon the final record. Act Feb. 26, 1853, c. 80, § 1, 10 Stat. 163. Transcripts of the record on appeals in equity and admiralty, and the hearing thereon, are provided for by Rev. St. § 698. CHAPTER THIRTEEN. Habeas Corpus. Sec. 751. Power of courts to issue writs of habeas corpus. 752. Power of judges to grant writs of Sec. 753. Writ of habeas corpus when pris- habeas corpus. oner is in jail. 754. Application for the writ of habeas corpus. 592 (Secs. 751–753 Tit. 13—THÉ JUDICIARY —Ch. 13. Sec. 750. Allowance and direction of the writ. 756. Time of return. 757. Form of return. 758. Body of the party to be produced. 759. Day for hearing. 760. Denial of return; counter allega- tions; amendments. 761. Summary hearing; disposition of party. Sec. 762. In cases involving the law of na- tions, notice to be served on State attorney-general, 763. Appeals in cases of habeas corpus to circuit court. 764. Appeals to Supreme Court. 765. Appeals, how taken. 766. Pending proceedings in certain cases; action by State authority void; [limitations.] Sec. 751. Power of courts to issue writs of habeas corpus. The Supreme Court and the circuit and district courts shall have power to issue writs of habeas corpus. Act Sept. 24, 1789, c. 20, $ 14, 1 Stat. 81. Act April 10, 1869, c. 22, § 2, 16 Stat. 44. Act March 2, 1833, c. 57, § 7, 4 Stat. 634. Act Feb. 5, 1867, c. 28, 1, 14 Stat. 385. Act Aug. 29, 1842, c. 257, § 1, 5 Stat. 539. Sec. 752. Power of judges to grant writs of habeas corpus. The several justices and judges of the said courts, within their respective jurisdictions, shall have power to grant writs of habeas corpus for the purpose of an inquiry into the cause of restraint of liberty. Act Sept. 24, 1869, c. 20, $ 14, 1 Stat. 81. Act April 10, 1869, c. 22, $ 2, 16 Stat. 44. Act March 2, 1833, c. 57, $ 7, 4 Stat. 634. Act Feb. 5, 1867, c. 28, § 1, 14 Stat. 385. Act Aug. 29, 1842, c. 257, § 1, 5 Stat. 539. Sec. 753. Writ of habeas corpus when prisoner is in jail. The writ of habeas corpus shall in no case extend to a prisoner in jail, unless where he is in custody under or by color of the au- thority of the United States, or is committed for trial before some court thereof; or is in custody for an act done or omitted in pur- suance of a law of the United States, or of an order, process, or decree of a court or judge thereof; or is in custody in violation of the Constitution or of a law or treaty of the United States; or, be- ing a subject or citizen of a foreign state, and domiciled therein, is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the , commission, or order, or sanction of any foreign state, or under color thereof, the validity and effect whereof depend upon the law of nations; or unless it is necessary to bring the prisoner into court to testify. Act Sept. 24, 1789, c. 20, § 14, 1 Stat. 81. Act March 2, 1833, c. 57, § 7, 4 Stat. 634. Act Feb. 5, 1867, c. 28, § 1, 14 Stat. 385. Act Aug. 29, 1842, c. 257, § 1, 5 Stat. 539. Seamen, refusing to proceed upon a voyage, and who have been com- Secs. 754-758) 593 Tit. 13—THE JUDICIARY — Ch. 13. mitted to jail for refusing to pay double the amount of money advanced them, are not to be discharged on habeas corpus for any error in the form of their commitment, by Rev. St. $ 4558. Sec. 754. Application for the writ of habeas corpus. Application for writ of habeas corpus shall be made to the court, or justice, or judge authorized to issue the same, by complaint in writing, signed by the person for whose relief it is intended, setting forth the facts concerning the detention of the party restrained, in whose custody he is detained, and by virtue of what claim or au- thority, if known. The facts set forth in the complaint shall be verified by the oath of the person making the application. Act Feb. 5, 1867, c. 28, § 1, 14 Stat. 385. Sec. 755. Allowance and direction of the writ. The court, or justice, or judge to whom such application is made shall forthwith award a writ of habeas corpus, unless it appears from the petition itself that the party is not entitled thereto. The writ shall be directed to the person in whose custody the party is detained. Act Feb. 5, 1867, c. 28, 1, 14 Stat. 385. Sec. 756. Time of return. Any person to whom such writ is directed shall make due return thereof within three days thereafter, unless the party be detained beyond the distance of twenty miles; and if beyond that distance and not beyond a distance of a hundred miles, within ten days; and if beyond the distance of a hundred miles, within twenty days. Act Feb. 5, 1867, c. 28, § 1, 14 Stat. 385. Sec. 757. Form of return. The person to whom the writ is directed shall certify to the court, or justice, or judge before whom it is returnable the true cause of the detention of such party. Act Feb. 3, 1867, c. 28, § 1, 14 Stat. 385. Sec. 758. Body of the party to be produced. The person making the return shall at the same time bring the body of the party before the judge who granted the writ. Act Feb. 5, 1867, c. 28, § 1, 14 Stat. 385. LAWS '01-38 594 (Secs. 759–763 Tit. 13—THE JUDICIARY —Ch. . 13. Sec. 759. Day for hearing. When the writ is returned, a day shall be set for the hearing of the cause, not exceeding five days thereafter, unless the party pe- titioning requests a longer time. Act Feb. 5, 1867, c. 28, § 1, 14 Stat. 385. Sec. 760. Denial of return; counter allegations; amendments. The petitioner or the party imprisoned or restrained may deny any of the facts set forth in the return, or may allege any other facts that may be material in the case. Said denials or allegations shall be under oath. The return and all suggestions made against it may be amended, by leave of the court, or justice, or judge, before or after the same are filed, so that thereby the material facts may be ascertained. Act Feb. 5, 1867, c. 28, § 1, 14 Stat. 385. Sec. 761. Summary hearing; disposition of party. The court, or justice, or judge shall proceed in a summary way to determine the facts of the case, by hearing the testimony and argu- ments, and thereupon to dispose of the party as law and justice re- quire. Act Feb. 5, 1867, c. 28, § 1, 14 Stat. 385. Sec. 762. In cases involving the law of nations, notice to be served on State attorney-general. When a writ of habeas corpus is issued in the case of any prisoner who, being a subject or citizen of a foreign state and domiciled there- in, is committed, or confined, or in custody, by or under the au- thority or law of any one of the United States, or process founded thereon, on account of any act done or omitted under an alleged right, title, authority, privilege, protection, or exemption, claimed under the commission or order or sanction of any foreign state, or under color thereof, the validity and effect whereof depend upon the law of nations, notice of the said proceeding, to be prescribed by the court, or justice, or judge at the time of granting said writ, shall be served on the attorney-general or other officer prosecuting the pleas of said State, and due proof of such service shall be made to the court, or justice, or judge before the hearing. Act Aug. 29, 1812, c. 257, 5 Stat. 539. Sec. 763. Appeals in cases of habeas corpus to circuit court. From the final decision of any court, justice, or judge inferior to the circuit court, upon an application for a writ of habeas corpus or Secs. 763–764) 595 Tit. 13—THE JUDICIARY —Ch. 13. upon such writ when issued, an appeal may be taken to the circuit court for the district in which the cause is heard : 1. In the case of any person alleged to be restrained of his liberty in violation of the Constitution, or of any law or treaty of the United States. 2. In the case of any prisoner who, being a subject or citizen of a foreign state, and domiciled therein, is committed or confined, or in custody by or under the authority or law of the United States, or of any State, or process founded thereon, for or on account of any act done or omitted under any alleged right, title, authority, priv- ilege, protection, or exemption, set up or claimed under the com- mission, order, or sanction of any foreign state or sovereignty, the validity and effect whereof depend upon the law of nations, or under color thereof. Act Aug. 29, 1842, c. 257, 5 Stat. 539. Act Feb. 5, 1867, c. 28, § 1, 14 Stat. 385. Act March 27, 1868, c. 34, § 2, 15 Stat. 44. The appellate jurisdiction of the circuit courts was entirely divested by Act March 3, 1891, c. 517, § 4, ante, under chapter 8 A of this Title, and, but for the doubt as to the effect of Act March 3, 1893, c. 226, amending Rev. St. $ 766, the provisions of this section as to appeals in habeas corpus proceedings to the circuit courts would be clearly super- seded. See, also, note to Rev. St. 8 764. Sec. 764. [As amended 1885.] Appeals to Supreme Court. From the final decision of such circuit court an appeal may be taken to the Supreme Court in the cases described in the preceding section. Act Aug. 29, 1842, c. 527, 5 Stat. 539. Act March 3, 1885, c. 353, 23 Stat. 437. The amendment of this section by Act March 3, 1885, c. 353, cited above, consists in the substitution for the words, "in the last clause of the preceding section," of the words, "in the preceding section." Section 5 of the act creating the circuit courts of appeals provides that appeals or writs of error may be taken from the district courts or from the existing circuit courts direct to the Supreme Court: (1) From final sentences and decrees in prize cases; (2) in cases of conviction of capital or otherwise infamous crimes; (3) in cases involving the construction or application of the constitution of the United States; (4) in cases in which the constitutionality of any law of the United States or the valil- ity or construction of any treaty made under its authority is drawn in question; and (5) in cases in which the constitution or law of a State is claimed to be in contravention of the Constitution of the United States. Section 6 of the same act vests the circuit courts of appeals with appel- late jurisdiction to review by appeal or by writ of error final decisions in the district courts and the existing circuit courts in all cases, except as provided for by section 5, unless otherwise provided by law. Section 14 of the same act repeals all inconsistent acts and parts of acts. Act March 3, 1891, c. 517, ante, under chapter 8 A of this Title. These provisions would seem to operate as a repeal of Rev. St. $8 763-766, were it not for the amendment of section 766 by Act March 3, 1893, c. 226, and the conflicting decisions of the courts in regard thereto. In Cross v. Burke, 146 U. S. 82, Chief Justice Fuller held that under the judiciary act of March 3, 1891, appeals from the decrees of circuit courts on habeas corpus could no longer be taken directly to the Supreme Court, except as they came within one of the classes named in section 5 of said act. In Ex parte Lennon, 150 U. S. 393, 14 Sup. Ct. 123, 37 596 (Secs. 764-765 Tit. 13—THE JUDICIARY —Ch. 13. L. Ed. 1120, the Chief Justice again held that the right of appeal to the Supreme Court from the judgment of a circuit court in habeas corpus existed only as conferred by section 5 of the judiciary act of March 3, 1891. In delivering the opinion of the court he said: "By section 763 of the Revised Statutes it is provided that an appeal to the circuit court might be taken from decisions on habeas corpus in the case of any per- son alleged to be restrained of his liberty in violation of the Constitu- tion or of any law or treaty of the United States, and in the case of the subjects or citizens of foreign states, committed, confined, or in cus- tody as therein set forth; and by section 764, as amended by act of Congress of March 3, 1885 (23 Stat. 437), an appeal to this court from the circuit court was provided for. Section 765 referred to the terms, regulations, and orders on and under which appeals should be taken, and section 766 prescribed that, pending the proceedings or appeal 'in the cases mentioned in the three preceding sections, and until final judg- ment therein, and after final judgment of discharge, there could be no valid state proceedings in interference with the same matter. By act of Congress of March 3, 1893 (27 Stat. 751), section 766 was amended by adding thereto the following words: ‘Provided, that no such appeal shall be had or allowed after six months from the date of the judgment or order complained of.' And it is argued that, if sections 763, 764, and 765 had been repealed by the judiciary act of March 3, 1891, this amendment would have been meaningless, and that, if it had been in- tended that under that act appeals in habeas corpus were to be taken from the circuit court to the circuit court of appeals, the limitation of six months prescribed by the amendment would have been unnecessary, because that limitation is already provided for in section 12 of the act; and that, therefore, it must be concluded from the amendment that Con- gress regarded the sections specially providing for appeals on habeas corpus as unrepealed by the act of March 3, 1891. We do not concur in this view. While the right of appeal from the judgments of circuit courts on habeas corpus directly to this court, in all cases, is taken away by the act of March 3, 1891, that right still exists in the cases designated in section 5 of that act, and upon such appeals the amendment may operate." In Cramer v. State, 168 U. S. 124, the Chief Justice said: “Under existing statutory provisions appeals may be taken to this court from final decisions of the circuit courts in habeas corpus, in cases, among others, where the applicant for the writ is alleged to be restrained of his liberty in violation of the Constitution or of some law or treaty of the United States, and, if the restraint is by any State court or by or under the authority of any State, further proceedings cannot be had against him pending the appeal. Rev. St. 88 763, 764, 766; Act Ma". 3, 1885 (23 Stat. 437).” In Ex parte Jacobi (C. C.) 104 F. 681, the circuit judge held that an appeal to the circuit court of appeals would not lie from the decision of a circuit court on an application for habeas corpus made ou the ground that the applicant was being detained in custody in violation of the Constitution of the United States, but only to the Supreme Court, the case involving "the construction or application of the Constitution of the United States.” In Davis v. Burke, 97 F. 501, 38 C. C. A. 299, a similar ruling was made. Sec. 765. Appeals, how taken. The appeals allowed by the two preceding sections shall be taken on such terms, and under such regulations and orders, as well for the custody and appearance of the person alleged to be in prison or confined or restrained of his liberty, as for sending up to the appellate tribunal a transcript of the petition, writ of habeas corpus, return thereto, and other proceedings, as may be prescribed by the Secs. 765-766) 597 Tit. 13— THE JUDICIARY —Ch. 14. Supreme Court, or, in default thereof, by the court or judge hear- ing the cause. Act Aug. 29, 1842, c. 257, 5 Stat. 539. Act Feb. 5, 1867, c. 28, § 1, 14 Stat. 385. See note to Rev. St. 8 764. Sec. 766. [As amended 1893.] Pending proceedings in certain cases; action by State authority void; [limitations. ] Pending the proceedings or appeal in the cases mentioned in the three preceding sections, and until final judgment therein, and after final judgment of discharge, any proceeding against the person so imprisoned or confined or restrained of his liberty, in any State court, or by or under the authority of any State, for any matter so heard and determined, or in process of being heard and determined, under such writ of habeas corpus, shall be deemed null and void. Provided, That no such appeal shall be had or allowed after six months from the date of the judgment or order complained of. Act Aug. 29, 1842, c. 237, 5 Stat. 539. Act Feb. 5, 1867, c. 28, § 1, 14 Stat. 385. Act March 3, 1893, c. 226, 27 Stat. 751. The amendment of this section by Act March 3, 1893, c. 226, cited above, consists in the addition of the proviso as to the time within which such appeal must be taken. See, also, note to Rev. St. $ 764. CHAPTER FOURTEEN. District Attorneys, Marshals, and Clerks. Sec. 767. District attorneys. Act Feb. 27, 1897, c. 341. Filling vacancy in office of attorney of United States for District of Columbia. 768. [Superseded.] 769. Term and oath of district attor- neys. 770. Salaries of district attorneys. 771. Duties of district attorneys. Act March 3, 1875, c. 130, $ 8. Appearance in and defense of suits against officers of Congress. 772. Statement of suits for fines, penal- ties, and forfeitures. 773. Returns of district attorneys to Solicitor of the Treasury. 774. Returns of district attorneys to Sec. 775. Reports by district attorney to Department of Justice. 776. Marshals. 777. [Superseded.] 778. [Superseded.] 779. Marshal's term. 780. Deputy marshals. 781. [Superseded.] 782. Oath of marshals and deputy marshals. Act Dec. 22, 1896, c. 3. Oath of marshals and deputy mar- shals, by what officers administer- ed. 783. Marshal's bond. 784. Suits on marshal's bond; costs. 785. Marshal's bond to remain after Commissioner of Internal Rev- enue. judgment as further security. 786. Limitation of suit on marshal's bonds. 598 Tit. 13– THE JUDICIARY - Ch. 14. Sec. 787. Duties of marshal. 788. Marshals shall have, in each State, the same powers as sheriffs in executing the laws of the Unit- ed States. 789. In case of death of the marshals, Sec. 15. Clerical assistance to district at- torneys. 16. Time of payment of salaries. 17. Costs against unsuccessful party not affected. 18. Receiving illegal fees; failure to account for fees. 19-21. [Relate to United States com- missioners.] 22. [Temporary.] 23. [Relates to reports of Attorney- General.] 24. Repeal; extent of application of provisions of act; time of tak- ing effect of act. 25. [Amends Act Feb. 27, 1896, C. 34.] Act June 24, 1898, c. 495. 1. District attorneys and marshals to serve until appointment and qualification of successor, 2. Vacancies in offices of district at- torney or marshal, how tempo- rarily filled. 794. Oath of clerks. 795. Clerk's bond. Act Feb. 22, 1875, c. 95, $ 3. Bonds of clerks of Supreme Court and circuit and district courts. 796. Bonds of deputy clerks. Act Feb. 22, 1875, c. 95, $ 2. Bonds of clerks or marshals in great- er amount, when required. 797. Clerk to forward to Solicitor of the Treasury a list of judgments [and report to Commissioner of Internal Revenue moneys paid into court in cases under inter- nal revenue laws, etc.). 798. Account of payments and mon- eys in court to be stated by the clerk. Act Feb. 22, 1875, c. 95, 88 5, 6. 5. Failure of clerk to make report, deputies to continue. 790. Marshals and deputy marshals, when removed or office expires, may execute process in their hands. Act March 3, 1899, c. 427. Marshals and deputy marshals, ceas- ing to be such, to deliver unserved process in their hands. 791. Marshal's returns to the Solicitor of the Treasury. 792. Returns of marshals to Auditor of Post-Ofice Department. 793. Vacancies in office of district at- torney and marshal, how filled temporarily. Act May 28, 1896, c. 252. 1. [Makes appropriations.] 2. [Relates to rates of pay of em- ployés.] 3. [Amends Rev. St. § 166.] 4. [Amends Act July 31, 1894, C. 174, § 12.] 5. [Amends Rev. St. 8 3621.] 6. Salaries of district attorneys and marshals; fees to be covered into Treasury. 7. Salaries of district attorneys; particular districts. 8. Assistant district attorneys; ex- penses of district attorney and assistants; official residence. 9. Salaries of marshals; particular districts. 10. Marshals' office deputies and clerks; expenses of deputies. 11. Marshals' field deputies; expenses of deputies. 12. Expenses of marshal; official resi- dence. 13. Expense accounts of district at- torneys and their their assistants, and of marshals and their depu- ties; returns of marshals; doub- le compensation of deputy mar- shals forbidden. 14. Office expenses of district attor- neys and marshals. statement, etc., cause for re- moval from office. 6. Failure of clerk to make report, statement, etc., a misdemeanor. 799. Oaths to persons identifying pa- pers in admiralty causes, when administered by clerks. Act June 20, 1874, c. 328, $ 2. Residence of clerks, marshals, and district attorneys. Sec. 767) 599 Tit. 13—— THE JUDICIARY —Ch. 14. Sec. 767. District attorneys. There shall be appointed in each district, except in the middle district of Alabama, and the northern district of Georgia, and the western district of South Carolina, a person learned in the law, to act as attorney for the United States in such district. The district attorney of the northern district of Alabama shall perform the duties of district attorney of the middle district of said State; and the dis- trict attorney of the southern district of Georgia shall perform the duties of district attorney of the northern district of said State; and the district attorney of the eastern district of South Carolina shall perform the duties of district attorney for the western district of said State. Act Sept. 24, 1789, c. 20, $ 35, 1 Stat. 92. Ala., Act April 21, 1820, C. 47, § 6, 3 Stat. 565; Act March 10, 1824, c. 28, § 8, 4 Stat. 10; Act Feb. 6, 1839, c. 20, § 7, 5 Stat. 316. Ark., Act June 15, 1836, C. 100, § 6, 5 Stat. 51; Act March 3, 1851, c. 24, § 4, 9 Stat. 595. Ga., Act Aug. 11, 1848, c. 151, § 7, 9 Stat. 281. Fla., Act March 3, 1843, c. 75, § 7, 5 Stat. 788; Act Feb. 23, 1847, c. 20, § 5, 9 Stat. 131. Il., Act March 3, 1819, c. 70, § 4, 3 Stat. 503; Act Feb. 13, 1855, c. 96, § 9, 10 Stat. 607. Ind., Act March 3, 1817, c. 100, $ 4, 3 Stat. 391. Iowa, Act March 3, 1845, c. 76, § 4, 5 Stat. 789. Kan., Act Jan. 29, 1861, c. 20, § 4, 12 Stat. 128. La., Act July 27, 1866, c. 280, § 1, 14 Stat. 300. Mich., Act July 1, 1836, c. 234, § 4, 5 Stat. 62; Act Feb. 24, 1863, c. 54, § 8, 12 Stat. 661. Minn., Act May 11, 1858, c. 31, $ 3, 11 Stat. 285. Miss., Act April 3, 1818, c. 29, § 4, 3 Stat. 413; Act June 18, 1838, c. 115, § 6, 5 Stat. 248. Mo., Act March 16, 1822, c. 12, $ 4, 3 Stat. 653; Act March 3, 1857, c. 100, $$ 8, 9, 11 Stat. 198. Neb., Act March 25, 1867, c. 7, § 1, 15 Stat. 5. Nev., Act Feb. 27, 1865, c. 64, § 1, 13 Stat. 440. N. Y., Act March 3, 1815, c. 95, 3 Stat. 235; Act Feb. 25, 1865, c. 54, § 1, 13 Stat. 438. N. O., Act June 4, 1790, c. 17, $ 1, 1 Stat. 126; Act June 4, 1872, c. 282, § 7, 17 Stat. 217. Ohio, Act Feb. 19, 1802, c. 7, § 4, 2 Stat. 202; Act Feb. 10, 1855, c. 73, § 8, 10 Stat: 605. Or., Act March 3, 1859, c. 85, § 3, 11 Stat. 437. Pa., Act April 20, 1818, c. 108, § 5, 3 Stat. 463. Tenn., Act April 29, 1802, c. 31, $ 20, 2 Stat. 165; Act June 18, 1838, c. 118, $ 11, 5 Stat. 250; Act Jan. 18, 1839, c. 3, § 1, 5 Stat. 313. Tex., Act Dec. 29, 1845, c. 1, $ 3, 9 Stat. 1; Act Feb. 21, 1857, c. 57, § 6, 11 Stat. 165. Vt., Act March 2, 1791, c. 12, § 1, 1 Stat. 197. Va., Act Feb. 3, 1871, c. 35, § 8, 16 Stat. 404. W. Va., Act Feb. 4, 1819, c. 12, SS 1, 3, 3 Stat. 478, 479; Act May 26, 1824, c. 167, § 1, 4 Stat. 48; Act June 11, 1864, c. 120, § 1, 13 Stat. 124. Wis., Act Aug. 6, 1846, c. 89, § 5, 9 Stat. 57; Act June 29, 1870, c. 175, § 8, 16 Stat. 172. The exceptions and provisions in this section in regard to the middle district of Alabama and the northern district of Georgia are superseded by subsequent special provisions relating to those districts. A district attorney in each of the two districts of Georgia is provided for by Act April 25, 1882, c. 87, § 1, ante, under Rev. St. $ 535, and in each of the three districts of Alabama, by Act March 3, 1893, c. 220, ante, under Rev. St. 8 532. Other special provisions relating to district attorneys in particular dis- tricts, contained in statutes establishing such districts or divisions there- in, are set forth as part of such statutes under chapter 1 of this Title, under the names of the States in alphabetical order. The several acts since the Revised Statutes admitting new states into the Union constitute each State a judicial district, and provide for the appointment of a district attorney therefor. The appointment of assistant district attorneys by the Attorney-Gen- eral is authorized by Act May 28, 1896, c. 252, $ 8, and the employment 600 (Secs. 767-770 Tit. 13— THE JUDICIARY —Ch. 14. by district attorneys of necessary clerical assistance is authorized by sec- tion 15 of the same act, post, following Rev. St. $ 793. The employment of special assistants to district attorneys and of coun- sel is provided for by Rev. St. $$ 363, 366. A vacancy in the office of attorney of the United States for the Dis- trict of Columbia may be filled by the supreme court of the District, by Act Feb. 27, 1897, c. 341, set forth below. ACT FEB. 27, 1897, c. 341. An Act to Remove Doubts as to the Power of the Supreme Court of the District of Columbia to Provide for a Vacancy in the Office of Attorney of the United States for the District of Columbia. (29 Stat. 600.) Filling vacancy in office of attorney of United States for District of Columbia. Be it enacted, &c., That in case of a vacancy in the office of attor- ney of the United States for the District of Columnbia, the supreme court of said District may fill the same, and the person appointed by said court shall serve until an appointment is made by the President, and the appointee is duly qualified, and no longer. Act Feb. 27, 1897, c. 341, 29 Stat. 600. Sec. 768. [Superseded. Act July 20, 1882, c. 312, $ 3.] This section provided that the district attorney of the district of Iowa should perform the duties of district attorney for all the divisions of said district; referring to the divisions in that district as constituted by Rev. St. $ 537. It was superseded on the division of the State into two districts by Act July 20, 1882, c. 312, ante, under Rev. St. $ 537, section 3 of which act provides for a district attorney for each district. Sec. 769. Term and oath of district attorneys. District attorneys shall be appointed for a term of four years, and their commissions shall cease and expire at the expiration of four years from their respective dates. And every district attorney, be- fore entering upon his office, shall be sworn to a faithful execution thereof. Act Sept. 24, 1789, c. 20, $ 35, 1 Stat. 92. Act May 15, 1820, c. 102, 88 1, 2, 3 Stat. 582. Provisions that attorneys of the United States shall continue to dis- charge the duties of their offices until their successors are appointed and qualify, and for the temporary filling of vacancies in such offices, are contained in Act June 24, 1898, c. 495, post, following Rev. St. $ 793. Sec. 770. Salaries of district attorneys. The district attorney for the southern district of New York is entitled to receive quarterly, for all his services, a salary at the rate of six thousand dollars a year. * [Part of section omitted su- perseded. Act May 28, 1896, c. 252, § 7.] N: Y. (S. D.), Act Aug. 6, 1861, c. 55, § 1, 12 Stat. 317. Cal., Act Sept. 28, 1850, C. 86, $ 8, 9 Stat. 522. Districts in 1841, Act March 3, * Secs. 770–771) 601 Tit. 13–- THE JUDICIARY-Ch. 14. 1841, c. 35, § 1, 5 Stat. 427. Ark. (W. D.), Act March 3, 1851, c. 24, § 4, 9 Stat. 595. Fla. (N. D.), Act March 3, 1845, C. 75, § 7, 5 Stat. 788. Fla. (S. D.), Act Feb. 23, 1847, c. 20, § 5, 9 Stat. 131. Iowa, Act March 3, 1845, c. 76, § 4, 5 Stat. 789. Kan., Act Jan. 29, 1861, c. 20, $ 4, 12 Stat. 128. Mich. (W. D.), Act Feb. 24, 1863, c. 54, § 8, 12 Stat. 661. Minn., Act May 11, 1858, c. 31, § 3, 11 Stat. 285. Neb., Act June 8, 1872, c. 330, 17 Stat. 337. N. Y. (E. D.), Act Feb. 25, 1865, c. 54, § 1, 13 Stat. 438. Ohio (S. D.), Act Feb. 10, 1855, c. 73, $ 8, 10 Stat. 605. Or., Act March 3, 1859, c. 85, $ 3, 11 Stat. 437. Nev., Act July 20, 1868, c. 176, § 1, 15 Stat. 109. Tex. (E. D.), Act Dec. 29, 1845, c. 1, § 3, 9 Stat. 1. Tex. (W. D.), Act Feb. 21, 1857, c. 57, $ 6, 11 Stat. 165. W. Va., Act Feb. 4, 1819, c. 12, $$ 1, 3, 3 Stat. 478, 479; Act May 26, 1824, c. 167, § 1, 4 Stat. 48; Act June 11, 1864, c. 120, § 1, 13 Stat. 124. Wis., Act Aug. 6, 1846, c. 89, § 5, 9 Stat. 57; Act Jure 29, 1870, c. 175, § 8, 16 Stat. 172. The part of this section omitted provided for compensation by salaries to district attorneys for extra services. Compensation for their ordinary services was by fees, per diem for attendauce, mileage, and per centum for money collected, by Rev. St. $$ 823-827; the total compensation not to exceed $6,000, by Rev. St. $ 835. These provisions are superseded, except as to the compensation of the district attorney for the southern district of New York, by Act May 28, 1896, c. 252, SS 6, 7, post, fol- lowing Rev. St. $ 793. The compensation of assistant district attorneys is fixed by section 8 of that act, the employment of necessary clerical assistance is authorized by section 15 thereof, and the salaries provided by these sections are to be paid monthly by section 16 thereof, also set forth post, following Rev. St. $ 793. Provisions for payment of office expenses of the district attorney for the southern district of New York are contained in Rev. St. $ 836. And necessary office expenses of district attorneys are to be allowed when authorized by the attorney-general, by Act May 28, 1896, c. 252, § 14, post, following Rev. St. § 793. Sec. 771. Duties of district attorneys. It shall be the duty of every district attorney to prosecute, in his district, all delinquents for crimes and offenses cognizable under the authority of the United States, and all civil actions in which the United States are concerned, and, unless otherwise instructed by the Secretary of the Treasury, to appear in behalf of the defendants in all suits or proceedings pending in his district against collectors, or other officers of the revenue, for any act done by them or for the recovery of any money exacted by or paid to such officers, and by them paid into the Treasury. Act Sept. 24, 1789, c. 20, $ 35, 1 Stat. 92. Act March 3, 1863, c. 76, $ 13, 12 Stat. 741. Provisions for appearance by district attorneys in actions against offi- cers of either house of Congress for their official acts, and for the de- fense of such actions, are contained in Act March 3, 1875, c. 130, $ 8. set forth below. District attorneys may be required to furnish assistance or informa- tion in relation to the titles of public property within their districts, by Rev. St. $ 355; and they are to render all legal services connected with the procurement of titles to sites for public buildings, other than life saving stations and pier-head lights, by a provision of Act March 2, 1889, c. 411, post, under Title XLIII A, "Public Buildings and Works.' Provisions relating to the conduct by district attorneys of suits and proceedings arising out of laws governing national banks, in which the 602 (Sec. 771 Tit. 13— THE JUDICIARY —Ch. 14. United States or any of its officers or agents are parties, are contained in Rev. St. $ 380, and of suits for money due the post-office department, in Rev. St. § 381. Provisions relating to the prosecution by district attorneys of pro- ceedings for fines, forfeitures, or penalties for violations of revenue laws are contained in Rev. St. $ 838. District attorneys are required to institute prosecutions against all persons violating any of the provisions of chapter 7 of Title LXII, "Crimes," by Rev. St. § 1982. District attorneys are required to inquire into and take proceedings for violations of Rev. St. $ 3490, relating to the making of false claims against the United States, by Rev. St. $ 3492. The duties of district attorneys in prize causes, to represent and protect the interest of the United States and the captors, and to make to the Secretary of the Navy statements of the condition of such causes pending, are prescribed by Rev. St. 8 4619. In all States and Territories where there are Indian reservations or allotted Indians, district attorneys are required to represent them in all suits, by a provision of Act March 2, 1893, c. 209, 27 Stat. 631. Various official statements, reports, and returns are required from dis- trict attorneys by Rey. St. $8 772–775, and returns of fees and emolu- ments, by Rev. St. $8 833, 834, 844-846, and other provisions collected under those sections. Every district attorney was required to reside permanently in the district where his official duties were to be performed, and to give his personal attention thereto, by Act June 20, 1874, c. 328, § 2, post, following Rev. St. $ 799. But the requirement as to residence is su- perseded by the provision of Act May 28, 1896, c. 252, § 8, post, fol- lowing Rev. St. § 793, which authorizes the Attorney-General to fix the official residence of the district attorney and of each of his assist- ants. ACT MARCH 3, 1875, c. 130, § 8. Appearance in and defense of suits against officers of Congress. That in any action now pending, or which may be brought against any person for or on account of anything done by him while an officer of either House of Congress in the discharge of his official duty, in executing any order of such House, the district attorney for the district within which the action is brought, on being thereto requested by the officer sued, shall enter an appearance in behalf of such officer; and all provisions of the eighth section of the act of July twenty-eighth, eighteen hundred and sixty-six, entitled "An act to protect the revenue, and for other purposes," and also all pro- visions of the sections of former acts therein referred to, so far as the same relate to the removal of suits, the withholding of execu- ticns, and the paying of judgments against revenue or other officers of the United States, shall become applicable to such action and to all proceedings and matters whatsoever connected therewith, and the defense of such action shall thenceforth be conducted under the supervision and direction of the Attorney General. Act March 3, 1875, c. 130, 8 8, 18 Stat. 401. This is a section of the sundry civil appropriation act for the year ending June 30, 1876, cited above. The provisions of Act July 28, 1866, § 8, 14 Stat. 329, referred to in this section, were not re-enacted in terms in the Revised Statutes, but the provisions of the sections of former acts therein referred to," also referred to in this section, are incorporated in the Revised Stat- Secs. 771-774) 603 Tit. 13— THE JUDICIARY-Ch. 14. utes in various sections to which reference is made in the following paragraphs of this note. Provisions for appearance by the district attorney in suits against revenue officers for their official acts are contained in Rev. St. 771, and provisions relating to compensation for such services in Rev. St. 88 827, 834. Provisions for removal from State courts to the circuit courts of the United States of suits and prosecutions against revenue officers for their official acts, etc., are contained in Rev. St. & 643. Provisions for the withholding of executions against revenue officers, on recovery in suits against them for their official acts, and for the payment of judgments so recovered against them, are contained in Rev. St. 8 989. Sec. 772. Statement of suits for fines, penalties, and forfeitures. Every district attorney shall, on instituting any suit for the re- covery of any fine, penalty, or forfeiture, immediately transmit to the Solicitor of the Treasury a statement thereof. Act May 29, 1830, c. 153, § 4, 4 Stat. 415. Sec. 773. Returns of district attorneys to Solicitor of the Treasury. Every district attorney shall, immediately after the end of every term of the circuit and district courts for his district, forward to thé Solicitor of the Treasury, except in the cases provided for in the next section, a full and particular statement, accompanied by the certificate of the clerks of said courts, respectively, of all causes pending in said courts, and of all causes decided therein during such term, in which the United States are party. He shall also, on the first day of October in each year, make a return to said Solicitor of the number of suits and proceedings commenced, pending, and determined within his district during the fiscal year next preceding the date of such return, showing the date when such proceeding or suit in each case was commenced. If the determination thereof has been delayed or continued beyond the usual or reasonable period, the reasons must be set forth, and a statement must be made of the measures taken by the district attorney to press such proceedings or suits to a close. Act May 29, 1830, c. 153, § 3, 4 Stat. 414. Act March 3, 1863, c. 76, § 13, 12 Stat. 741. Act March 2, 1867, c. 169, $ 2, 14 Stat. 471, 472. Sec. 774. Returns of district attorneys to Commissioner of Internal Revenue. When any suit or proceeding arising under the internal revenue laws, to which the United States are party, or any suit or proceeding against a collector or other officer of the internal revenue, wherein a district attorney appears, is commenced, the attorney for the dis- trict in which it is brought shall immediately report to the Com- missioner of Internal Revenue the full particulars relating to the 604 (Secs. 775–776 Tit. 13- THE JUDICIARY – Ch. 14. same; and he shall, immediately after the end of each term of the court in which such suit or proceeding is pending, forward to the said Commissioner a full and particular statement of its condition. Act March 2, 1867, c. 169, § 3, 14 Stat. 471, 472. Sec. 775. Reports by district attorney to Department of Justice. Each district attorney shall, immediately after the end of every term in which any suit for moneys due on account of the Post- Office Department has been pending in his district, forward to the Department of Justice a statement of any judgment or order made, or step taken in the same, during such term, accompanied by a certificate of the clerk, showing the parties to and amount of every such judgment, with such other information as the Department of Justice may require. And the said attorney shall direct speedy and effectual execution upon said judgment, and the United States mar- shal to whom the same is directed shall make returns of the pro- ceeding's thereon to the Department of Justice, at such times as it may direct. Act July 2, 1836, c. 170, $ 16, 5 Stat. 83. Act June 8, 1872, c. 335, $ 309, 17 Stat. 324. Sec. 776. Marshals. A marshal shall be appointed in each district, except in the middle district of Alabama, and the northern district of Georgia, and the western district of South Carolina. The marshal of the southern district of Alabama shall perform the duties of marshal of the middle district of said State, and shall keep an office at Montgomery, in said middle district. The marshal of the southern district of Geor- gia shall perform the duties of marshal of the northern district of said State. The marshal of the eastern district of South Carolina shall perform the duties of marshal of the western district of said State. Act Sept. 24, 1789, c. 20, $ 27, 1 Stat. 87. Ala., Act April 21, 1820, c. 47, $ 7, 3 Stat. 565; Act May 5, 1820, c. 87, § 1, 4 Stat. 399; Act Feb. 6, 1839, c. 20, § 7, 5 Stat. 316. Ark., Act June 15, 1836, c. 100, § 7, 5 Stat. 51; Act March 3, 1851, c. 24, $ 4, 9 Stat. 595. Ga., Act Aug. 11, 1848, c. 151, § 7, 9 Stat. 281. Fla., Act March 3, 1845, c. 75, $ 8, 5 Stat. 788; Act Feb. 23, 1847, c. 20, § 6, 9 Stat. 131. Ill., Act March 3, 1819, c. 70, 85, 3 Stat. 503; Act Feb. 13, 1855, c. 96, $ 9, 10 Stat. 607. Ind., Act March 3, 1817, c. 100, $ 5, 3 Stat. 391. Iowa, Act March 3, 1843, c. 76, § 5, 5 Stat. 789. Kan., Act Jan. 29, 1861, c. 20, $ 4, 12 Stat. 128. La., Act July 27, 1866, c. 280, § 1, 14 Stat. 300. Mich., Act July 1, 1836, c. 234, § 5, 5 Stat. 62; Act Feb. 24, 1863, c. 54, § 8, 12 Stat. 661. Minn., Act May 11, 1858, c. 31, $ 3, 11 Stat. 285. Miss., Act April 3, 1818, c. 29, § 5, 3 Stat. 413; Act June 18, 1838, c. 115, $ 6, 5 Stat. 248. Mo., Act March 16, 1822, c. 12, $ 5, 3 Stat. 653; Act March 3, 1857, c. 100, $$ 8, 9, 11 Stat. 198. Neb., Act March 25, 1867, c. 7, § 1, 15 Stat. 5. Nev., Act Feb. 27, 1865, C. 64, § 1, 13 Stat. 440. N. Y., Act March 3, 1815, c. 95, 3 Stat. 235; Act Feb. 25, 1865, c. 54, § 1, 13 Stat. 438. N. C., Act June 4, 1790, C. 17, § 1, 1 Stat. 126. Ohio, Act Feb. 19, 1802, c. 7, § 5, 2 Stat. 202; Secs. 776-780) 605 Tit. 13— THE JUDICIARY ---Ch. 14. Act Feb. 10, 1855, c. 73, § 8, 10 Stat. 605. Or., Act March 3, 1859, c. 85, § 3, 11 Stat. 437. Pa., Act April 20, 1818, c. 108, § 5, 3 Stat. 463. Tenn., Act April 29, 1802, c. 31, § 19, 2 Stat. 165; Act June 18, 1838, c. 118, $ 10, 5 Stat. 250; Act Jan. 18, 1839, c. 3, § 1, 5 Stat. 313. Tex., Act Dec. 29, 1845, c. 1, § 3, 9 Stat. 1; Act Feb. 21, 1857, c. 57, § 6, 11 Stat. 165. Vt., Act March 2, 1791, c. 12, § 1, 1 Stat. 197. Va., Act Feb. 3, 1871, c. 35, § 8, 16 Stat. 404. W. Va., Act Feb. 4, 1819, c. 12, $$ 1, 3, 3 Stat. 478, 479; Act May 26, 1824, c. 167, $ 1, 4 Stat. 48; Act June 11, 1864, c. 120, § 1, 13 Stat. 124. Wis., Act Aug. 6, 1846, c. 89, § 5, 9 Stat. 57; Act June 29, 1870, c. 175, § 8, 16 Stat. 172. The exceptions and provisions in this section in regard to the middle district of Alabama and the northern district of Georgia are super- seded by subsequent special provisions relating to those districts. A marshal in each of the two districts of Georgia is provided for by Act April 25, 1882, c. 87, § 1, ante, under Rev. St. $ 535, and in each of the three districts of Alabama, by Act March 3, 1893, c. 220, ante, under Rev. St. $ 532. Other special provisions relating to marshals in particular districts, contained in statutes establishing such districts or divisions therein, are set forth as parts of such statutes under chapter 1 of this Title, under the names of the States in alphabetical order. The several acts since the Revised Statutes admitting new States into the Union constitute each state a judicial district, and provide for the appointment of a marshal therefor. Sec. 777. [Superseded. Act April 25, 1882, c. 87, § 1.] This section related to the performance by the marshal of the south- ern district of Georgia of the duties of marshal in the northern dis- trict. It is superseded by the appointment of a marshal for the north- ern district, under Act April 25, 1882, c. 87, § 1, ante, under Rev. St. § 535. Sec. 778. [Superseded. Act July 20, 1882, c. 312, § 3 3.] This section provided that the marshal of the district of Iowa should perform the duties of marshal for all the divisions of said district; referring to the divisions in the district as constituted by Rev. St. § 537. It was superseded on the division of the State into two districts and the subdivision thereof into divisions by Act July 20, 1882, c. 312, ante, under Rev. St. $ 537, section 3 of which act provides for a district attorney in each district. Sec. 779. Marshal's term. Marshals shall be appointed for a term of four years. Act Sept. 24, 1789, c. 20, $ 27, 1 Stat. 87. Provisions that marshals shall continue to discharge the duties of their offices until their successors are appointed and qualify, and for the temporary filling of vacancies in such offices, are contained in Act June 24, 1898, c. 495, post, following Rev. St. § 793. Sec. 780. Deputy marshals. Every marshal may appoint one or more deputies, who shall be 606 (Secs. 780-782 Tit. 13— THE JUDICIARY—Ch. 14. removable from office by the judge of the district court, or by the circuit court for the district, at the pleasure of either. Act Sept. 24, 1789, c. 20, 827, 1 Stat. 87. Subsequent provisions for the employment of office deputies and cler- ical assistance and for the appointment of field deputies are contained in Act May 28, 1896, c. 252, 88 10, 11, post, following Rev. St. $ 793. Sec. 781. [Superseded. Act May 28, 1896, c. 252, § 9.) This section provided for compensation by salaries to marshals for extra services. Compensation for ordinary services of marshals was by fees, per diem for attendance, mileage, poundage or per centum, etc., by Rev. St. $$ 823, 829–831; the total compensation not to ex- ceed $6,000, over and above office expenses and allowances to deputies, by Rev. St. § 841. These provisions are superseded by Act May 28, 1896, c. 252, $$ 6, 9, post, following Rev. St. $ 793. The compensation of deputy marshals is regulated by provisions of Rev. St. $ 841, and of Act May 28, 1896, c. 252, 88 10, 11, post, fol- lowing Rev. St. 8 793. Sec. 782. Oath of marshals and deputy marshals. Every marshal and deputy marshal shall, before he enters upon the duties of his appointment, take, before the district judge of the district, an oath or affirmation in the following form: “I, A. B., do solemnly swear (or affirm) that I will faithfully execute all lawful precepts directed to the marshal of the district of under the authority of the United States, and true returns make, and in all things well and truly, and without malice or partiality, perform the duties of the office of marshal (or marshal's, deputy, as the case may be) of the district of — -, during my continuance in said office, and take only my lawful fees. So help me God.” The words "so help me God” shall be omitted in all cases where an affirmation is admitted instead of an oath: Provided, That when any person who is appointed deputy marshal resides and is more than twenty miles from the place where the district judge resides and is, the said oath of office may be taken by him before any judge or justice of any State court within the same district, or before any justice of the peace having authority therein, or before any notary public duly ap- pointed in such State, or before any commissioner of a circuit court for such district, and shall, when certified by such officer to the said district judge, be as effectual as if taken before such district judge. Act Sept. 24, 1789, c. 20, $$ 7, 27, 1 Stat. 76, 87. Act Feb. 28, 1799, c. 19, $ 2, 1 Stat. 625. Act Sept. 16, 1850, c. 52, 88 1, 2, 9 Stat. 458. Other officers who may administer the oath required by this section are designated in a provision of Act Dec. 22, 1896, c. 3, set forth below. ACT DEC. 22, 1896, c. 3. Oath of marshals and deputy marshals, by what officers administered. That the oath or oaths required to be taken by marshals and deputy marshals before entering upon the duties of their respective offices Secs. 782–786) 607 Tit. 13— THE JUDICIARY—Ch. 14. may be administered by any officer of the United States or of any State authorized by law to administer oaths. Act Dec. 22, 1896, c. 3, 29 Stat. 481. This is a provision of the urgent deficiency appropriation act for the year ending June 30, 1897, cited above. Sec. 783. Marshal's bond. Every marshal, before he enters on the duties of his office, shall give bond before the district judge of the district, jointly and sev- erally with two good and sufficient sureties, inhabitants and free- holders of such district, to be approved by said judge, in the sum of twenty thousand dollars, for the faithful performance of said du- ties by himself and his deputies. Said bond shall be filed and re- corded in the office of the clerk of the district court or circuit court sitting within the district, and copies thereof, certified by the clerk, under the seal of the said court, shall be competent evidence in any court of justice. Act Sept. 24, 1789, c. 20, $ 27, 1 Stat. 87. Act April 10, 1806, c. 21, § 1, 2 Stat. 372. Provisions for requiring marshals to give bond in a larger amount in districts where greater security is necessary are contained in Act Feb. 22, 1875, c. 95, $ 2, post, following Rev. St. $ 796. Sec. 784. Suits on marshal's bond; costs. In case of a breach of the condition of a marshal's bond, any person thereby injured may institute in his own name and for his sole use a suit on said bond, and thereupon recover such damages as shall be legally assessed, with costs of suit, for which execution may issue for him in due form. If such party fails to recover in the suit, judgment shall be rendered and execution may issue against him for costs in favor of the defendant; and the United States shall in no case be liable fo: the same. Act April 10, 1806, c. 21, $ 2, 2 Stat. 373. Sec. 785. Marshal's bond to remain after judgment as further security. The said bond shall remain, after any judgment rendered thereon, as a security for the benefit of any person injured by breach of the condition of the same, until the whole penalty has been recovered; and the proceedings shall always be as directed in the preceding section. Act April 10, 1806, c. 21, § 3, 2 Stat. 374. Sec. 786. Limitation of suit on marshal's bond. No suit on a marshal's bond shall be maintained unless it is com- menced within six years after the right of action accrues, saving, 608 (Secs. 7E6-788 Tit. 13– THE JUDICIARY—Ch. 14. nevertheless, the rights of infants, married women, and insane per- sons, so that they sue within three years after their disabilities are removed. Act April 10, 1806, c. 21, $ 4, 2 Stat. 374. A general provision that if the statement of the account of any official by the accounting officers of the Treasury shall show that he is indebted to the United States, and suit shall not be instituted within five years thereafter, the sureties on his bond shall not be liable for such indebtedness, is contained in Act Aug. 8, 1888, c. 787, § 2, post, under Rev. St. § 1766. Sec. 787. Duties of marshal. It shall be the duty of the marshal of each district to attend the district and circuit courts when sitting therein, and to execute, throughout the district, all lawful precepts directed to him, and is- sued under the authority of the United States; and he shall have power to command all necessary assistance in the execution of his duty. Act Sept. 24, 1789, c. 20, § 27, 1 Stat. 87. The duties of marshals of the circuit courts of appeals are to be performed by the marshals for the districts where terms of those courts are held, by provisions of Act July 16, 1892, c. 196, ante, under chapter 8 A of this Title. Various official reports and statements are required from marshals by Rev. St. 88 791, 792, and returns of fees and emoluments by Rev. St. $$ 833, 834, 844-846, and other provisions collected under those sections. Every marshal was required to reside permanently in the district where his official duties were to be performed, and to give his personal attention thereto, by Act June 20, 1874, c. 328, § 2, post, following Rev. St. § 799. But this requirement as to residence is superseded by the provisions of Act May 28, 1896, c. 252, $ 12, post, following Rev. St. $ 793, that the marshal's official residence shall be at one of the places of holding court in the district, and that the Attorney-General shall fix the place of such official residence. The duties of marshals in prize causes are prescribed by Rev. St. $ 4623. Marshals and deputy marshals are authorized and required to institute prosecutions against all persons violating any of the provisions of chap- ter 7 of Title LXX, "Crimes,” by Rev. St. & 1982. The marshal for any district or Territory in which sessions of the Court of Private Land Claims are held is required to serve process of the court, and to attend the court in person or by deputy when so directed by the court, by Act March 3, 1891, c. 539, § i, post, under chapter 21 A of this Title. Sec. 788. Marshals shall have, in each State, the same powers as sheriffs in ex- ecuting the laws of the United States. The marshals and their deputies shall have, in each State, the same powers, in executing the laws of the United States, as the sheriffs and their deputies in such State may have, by law, in execut- ing the laws thereof. Act Feb. 28, 1795, c. 36, $ 9, 1 Stat. 425. Act July 29, 1861, c. 25, $ 7, 12 Stat. 282. Secs. 789-790) 609 Tit. 13—THE JUDICIARY —Ch. 14. Sec. 789. In case of death of the marshals, deputies to continue. In case of the death of any marshal, his deputy or deputies shall continue in office, unless otherwise specially removed, and shall exe- cute the same in the name of the deceased, until another marshal is appointed, as provided in this chapter, and duly qualified. The de- faults or misfeasances in office of such deputies in the mean time shall be adjudged a breach of the condition of the bond given by the marshal who appointed them; and the executor or administra- tor of the deceased marshal shall have like remedy for the defaults and misfeasances in office of such deputies, during such interval, as he would be entitled to if the marshal had continued in life and in the exercise of his said office until his successor was appointed and duly qualified. Act Sept. 24, 1789, c. 20, § 28, 1 Stat. 87. Sec. 790. Marshals and deputy marshals, when removed or office expires, may execute process in their hands. Every marshal or his deputy, when removed from office, or when the term for which the marshal is appointed expires, shall have power, notwithstanding, to execute all such precepts as may be in their hands respectively at the time of such removal or expiration of office; and the marshal shall be held responsible for the delivery to his successor of all prisoners who may be in his custody at the time of his removal, or when the term for which he is appointed expires; and for that purpose he may retain such prisoners in his custody until his successor is appointed and duly qualified. Act Sept. 24, 1789, c. 20, $ 28, 1 Stat. 87. Act May 7, 1800, c. 45, § 3, 2 Stat. 61. Provisions for delivery of unserved process in the hands of a marshal ceasing to be such, to the succeeding marshal, and in the hands of a deputy resigning or removed, to the marshal, are contained in Act March 3, 1899, c. 427, set forth below. ACT MARCH 3, 1899, c. 427. Marshals and deputy marshals, ceasing to be such, to deliver unserved process in their hands. * That hereafter all unserved process remaining in the hands of a United States marshal or his deputies, when the marshal ceases to be such, shall be immediately delivered to the succeeding marshal upon request; and when a deputy United States marshal resigns or is removed he shall, upon request, deliver to the United States marshal for the district all process remaining in his hands: Pro- vided, That an Act entitled "An Act to authorize United States marshals to arrest offenders and fugitives from justice in Indian Territory," approved June fourth, eighteen hundred and eighty-eight, is hereby repealed. Aet March 3, 1899, c. 427, 30 Stat. 1237. LAWS '01--39 * 610 (Secs. 791-793 Tit. 13– THE JUDICIARY—Ch. 14. Sec. 791. Marshal's returns to the Solicitor of the Treasury. Every marshal shall, within thirty days before the commencement of each term of the circuit and district courts in his district, make returns to the Solicitor of the Treasury of the proceedings had upon all writs of execution, or other process which have been placed in his hands, for the collection of moneys adjudged and decreed to the United States in the said courts, respectively. Act May 15, 1820, c. 107, § 8, 3 Stat. 596. Act May 29, 1830, c. 153, § 2, 4 Stat. 414. Sec. 792. Returns of marshals to Auditor of Post-Office Department. Every marshal to whom any execution upon a judgment in any suit for moneys due on account of the Post-Office Department has been directed, shall make returns to the Sixth Auditor, at such times as he may direct, of the proceedings which have taken place upon the said process of execution. Act July 2, 1836, c. 270, $ 16, 5 Stat. 83. The Sixth Auditor is designated Auditor for the Post-Office Depart- ment by Act July 31, 1894, c. 174, $ 3, ante, under Rev. St. $ 276. Sec. 793. Vacancies in office of district attorney and marshal, how filled tempo- rarily. In case of a vacancy in the office of the district attorney or mar- shal within any circuit, the circuit justice of such circuit may fill the same, and the person appointed by him shall serve until an ap- pointment is made by the President, and the appointee is duly quali- fied, and no longer. The appointment made by such justice shall be in writing, which shall be filed in the clerk's office of the circuit court, and a copy thereof shall be entered upon the journal of said ccurt. Any marshal so appointed shall give bond, as if appointed by the President, and the bond shall be approved by said justice. It shall then be filed in the clerk's office of said court, and a copy shall be entered on the journal of the court. A certified copy of such entry shall be prima-facie proof of the execution of such bond, and of the contents thereof. Act March 3, 1863, c. 93, § 2, 12 Stat. 768. Provisions that marshals shall continue to discharge the duties of their offices until their successors are appointed and qualified, and for the temporary filling of vacancies in such offices, are contained in Act June 24, 1898, c. 495, set forth below. ACT MAY 28, 1896, c. 252. [As amended 1897.] An Act Making Appropriations for the Legislative, Executive, and Judicial Expenses of the Government for the Fiscal Year End- Sec. 793) Tit. 13— THE JUDICIARY —Ch- 611 . 14. ing June thirtieth, Eighteen hundred and ninety-seven, and for Other Purposes. (29 Stat. 140.) Be it enacted, etc. [Sec. I makes appropriations.] Sec. 2. [Relates to rates of pay of employés provided for in the act.] Sec. 3. [Amends Rev. St. § 166.] Sec. 4. (Amends Act July 31, 1894, c. 174, § 12.] Sec. 5. [Amends Rev. St. § 3621.] Salaries of district attorneys and marshals; fees to be covered into Treasury. Sec. 6. That on and after the first day of July, eighteen hundred and ninety-six, all fees and emoluments authorized by law to be paid to United States district attorneys and United States marshals shall be charged as heretofore, and shall be collected, as far as pos- sible, and paid to the clerk of the court having jurisdiction, and by him covered into the Treasury of the United States; and said offi- cers shall be paid for their official services, which, in the case of district attorneys, shall include services in the circuit courts of ap- peals of their respective circuits wherever sitting, salaries and com- pensation hereinafter provided and not otherwise: Provided, That this section shall not be construed to require or authorize fees to be charged against or collected from the United States, except as provided by sections eleven and thirteen of this Act relating to field deputies and their payments. Act May 28, 1896, c. 252, $ 6, 29 Stat. 179. The sections of this act set forth here, relating to district attorneys and marshals, are added, with other sections referred to above, to the usual appropriations for legislative, executive, and judicial expenses, contained in the act. These sections supersede, almost entirely, the provisions of Rev. St. $$ 770, 781, and subsequent statutes, relating to compensation of district attorneys and marshals, their assistants or deputies, and their office and other expenses. Before this act their compensation was by fees, allowances per diem, mileage, per centums, etc., prescribed in chapter 16 of this Title and subsequent statutes, with salaries for extra services, under Rev. St. $$ 770, 781; the total compensation not to exceed $6,000, over and above office expenses, including necessary clerk hire, and allowances to deputy marshals, by Rev. St. $$ 835, 841. Instead of these fees and allowances, salaries for services and compensation for expenses are provided by this act; the fees, etc., are to be charged and collected as before, except as against the United States, but are to be covered into the United States Treasury. But these provisions relating to district attorneys, contained in sections 6, 8, and 15 of the act, are not to apply to the district at- torney or his assistants for the southern district of New York or for the District of Columbia, by a proviso in section 24 of this act. Salaries of district attorneys; particular districts. Sec. 7. That the United States district attorney for each of the following judicial districts of the United States shall be paid in lieu of the salaries, fees, per centums, and other compensations now allowed by law an annual salary as follows: For the northern and middle districts of the State of Alabama, each four thousand dollars; 612 (Sec. 793 Tit. 13— THE JUDICIARY —Ch. 14. for the southern district of the State of Alabama, three thousand dollars; for the Territory of Arizona, four thousand dollars; for the eastern district of Arkansas, four thousand dollars; for the western district of Arkansas, five thousand dollars; for the northern district of California, four thousand five hundred dollars; for the southern district of California, three thousand five hundred dollars; for the district of Colorado, four thousand dollars; for the district of Connecticut, two thousand five hundred dollars; for the district of Delaware, two thousand dollars; for the northern district of Florida, three thousand five hundred dollars; for the southern dis- trict of Florida, three thousand five hundred dollars; for the north- ern district of Georgia, five thousand dollars; for the southern dis- trict of Georgia, three thousand five hundred dollars; for the district of Idaho, three thousand dollars; for the northern district of Illinois, five thousand dollars; for the southern district of Illinois, five thou- sand dollars; for the district of Indiana, five thousand dollars; for the northern and southern districts of Iowa, each four thousand five hundred dollars; for the district of Kansas, four thousand five hun- dred dollars; for the district of Kentucky, five thousand dollars ; for the eastern district of Louisiana, three thousand five hundred dollars; for the western district of Louisiana, two thousand five hundred dollars; for the district of Maine, three thousand dollars; for the district of Maryland, four thousand dollars; for the district of Massachusetts, five thousand dollars; for the eastern district of Michigan, four thousand dollars; for the western district of Michi- gan, three thousand five hundred dollars; for the district of Min- nesota, four thousand dollars; for the northern and southern dis- tricts of Mississippi, each three thousand five hundred dollars; for the eastern district of Missouri, four thousand five hundred dollars ; for the western district of Missouri, four thousand five hundred dollars; for the district of Montana, four thousand dollars; for the district of Nebraska, four thousand dollars; for the district of Ne- vada, three thousand dollars; for the district of New Hampshire, two thousand dollars; for the district of New Jersey, three thou- sand dollars; for the district of New Mexico, four thousand dollars ; for the northern district of New York, four thousand five hundred dollars; for the eastern district of New York, four thousand five hundred dollars; for the eastern district of North Carolina, four thou- sand dollars; for the western district of North Carolina, four thousand five hundred dollars; for the district of North Dakota, four thousand dollars; for the northern and southern districts of Ohio, each four thousand five hundred dollars; for the district of Oklahoma, five thousand dollars; for the district of Oregon, four thousand five hundred dollars; for the eastern district of Pennsylvania, four thou- sand five hundred dollars; for the western district of Pennsylvania, four thousand five hundred dollars; for the district of Rhode Island, two thousand five hundred dollars; for the eastern and western districts of the district of South Carolina, four thousand five hun- dred dollars, two thousand five hundred dollars of which shall be for the performance of the duties of district attorney for the western district; for the district of South Dakota, four thousand dollars; Sec. 793) 613 Tit. 13—THE JUDICIARY --Ch. 14. for the eastern, middle, and western districts of Tennessee, each four thousand five hundred dollars; for the northern district of Texas, three thousand five hundred dollars; for the eastern district of Texas, five thousand dollars; for the western district of Texas, four thousand dollars; for the district of Utah, four thousand dol- lars; for the district of Vermont, three thousand dollars; for the eastern district of Virginia, four thousand dollars; for the western district of Virginia, four thousand five hundred dollars; for the district of Washington, four thousand five hundred dollars; for the district of West Virginia, four thousand five hundred dollars; for the eastern district of Wisconsin, four thousand dollars; for the western district of Wisconsin, four thousand dollars; for the district of Wyoming, four thousand dollars. Act May 28, 1896, c. 252, § 7, 29 Stat. 180. This section contains no provision for the salary of the district at- torney for the southern district of New York. His salary is fixed by Rev. St. $ 770. Special provisions for payment of the office expenses of the district attorney for the southern district of New York are contained in Rev. St. $ 836. Assistant district attorneys; expenses of district attorney and assist- ants; official residence. Sec. 8. That whenever, in the opinion of the district judge of any district or the chief justice of any territory and the district attorney, evidenced by writing, the public interest requires it, one or more assistant district attorneys may be appointed, by the Attorney Gen- eral; but such opinion shall state to the Attorney-General the facts as distinguished from conclusions, showing the necessity therefor. Such assistant district attorneys shall be paid such salary as the Attorney-General may from time to time determine as to each, which shall in no case exceed two thousand five hundred dollars per annum: Provided, That the necessary expenses for lodging and subsistence actually paid, not exceeding four dollars per day and actual and neces- sary traveling expenses of the district attorney and his assistants, while absent from their respective official residences and necessarily employed in going to, returning from, and attending before any United States court, commissioner, or other committing magistrate, and while otherwise necessarily absent from their respective official residences on official business shall be allowed and paid in the man- ner hereinafter provided. The Attorney-General is authorized to fix and declare the place of the official residence of the district attorney and of each of his assistants: Provided, That the said assistants must be residents of the district for which they are appointed. Act May 28, 1896, c. 252, § 8, 29 Stat. 181. The provisions of this section do not apply to the office of the district attorney and his assistants for the southern district of New York or for the District of Columbia, by a proviso in section 24 of this act. Salaries of marshals; particular districts. Sec. 9. That the United States marshal for each judicial district of the United States shall be paid, in lieu of the salaries, fees, per- 614 (Sec. 793 Tit. 13— THE JUDICIARY — Ch. 14. centums, and other compensation now allowed by law, an annual salary as follows: For the northern and middle districts of the State of Alabama, each four thousand dollars; for the southern district of the State of Alabama, three thousand dollars; for the Territory of Arizona, four thousand dollars; for the eastern district of Arkansas, four thousand dollars; for the western district of Arkansas, five thousand dollars; for the northern district of Cali- fornia, four thousand dollars; for the southern district of California, three thousand dollars; for the district of Colorado, four thousand dollars; for the district of Connecticut, two thousand dollars; for the district of Delaware, two thousand dollars; for the District of Columbia, five thousand five hundred dollars; for the northern and southern districts of Florida, each three thousand dollars; for the northern district of Georgia, five thousand dollars; for the south- ern district of Georgia, three thousand five hundred dollars; for the district of Idaho, three thousand dollars; for the northern dis- trict of Illinois, five thousand dollars; for the southern district of Illinois, four thousand five hundred dollars; for the district of In- diana, four thousand five hundred dollars; for the northern and southern districts of Iowa, each four thousand dollars; for the dis- trict of Kansas, four thousand dollars; for the district of Kentucky, five thousand dollars; for the eastern district of Louisiana, three thousand dollars; for the western district of Louisiana, two thou- sand five hundred dollars; for the district of Maine, three thousand dollars; for the district of Maryland, three thousand five hundred dollars; for the district of Massachusetts, five thousand dollars; for the eastern district of Michigan, four thousand dollars; for the western district of Michigan, three thousand dollars; for the district of Minnesota, four thousand dollars; for the northern and southern districts of Mississippi, each three thousand dollars; for the eastern district of Missouri, four thousand dollars; for the western district of Missouri, four thousand dollars; for the district of Montana, three thousand five hundred dollars; for the district of Nebraska, three thousand five hundred dollars; for the district of Nevada, two thousand five hundred dollars; for the district of New Hampshire, two thousand dollars; for the district of New Jersey, three thou- sand dollars; for the district of New Mexico, four thousand dollars; for the northern district of New York, five thousand dollars; for the eastern district of New York, four thousand dollars; for the south- ern district of New York, five thousand dollars; for the eastern district of North Carolina, four thousand dollars; for the western district of North Carolina, four thousand five hundred dollars; for the district of North Dakota, four thousand dollars; for the north- ern and southern districts of Ohio, each four thousand dollars; for the district of Oklahoma, five thousand dollars; for the district of Oregon, four thousand dollars; for the eastern district of Pennsylvania, four thousand dollars; for the western district of Pennsylvania, four thousand dollars; for the district of Rhode Island, two thousand dollars; for the eastern and western districts of the district of South Carolina, four thousand five hundred dollars, two thousand five hun- dred dollars of which shall be for the performance of the duties of Sec. 793) 615 Tit. 13— THE JUDICIARY —Ch. 14. marshal of the western district; for the district of South Dakota, four thousand dollars; for the eastern, middle, and western dis- tricts of Tennessee, each four thousand dollars; for the northern district of Texas, three thousand dollars; for the eastern district of Texas, five thousand dollars; for the western district of Texas, four thousand dollars; for the district of Utah, three thousand five hundred dollars; for the district of Vermont, two thousand five hundred dollars; for the eastern district of Virginia, three thousand five hundred dollars; for the western district of Virginia, four thou- sand dollars; for the district of Washington, four thousand dollars; for the district of West Virginia, four thousand dollars; for the eastern district of Wisconsin, four thousand dollars; for the western district of Wisconsin, four thousand dollars; for the district of Wyoming, three thousand five hundred dollars. Act May 28, 1896, c. 252, § 9, 29 Stat. 181. Marshals' office députies and clerks; expenses of deputies. Sec. 1o. That when in the opinion of the Attorney-General the public interest requires it, he may, on the recommendation of the marshal, which recommendation shall state the facts as distinguished from conclusions, showing necessity for the same, allow the mar- shals to employ necessary office deputies and clerical assistance, upon salaries to be fixed by the Attorney-General, from time to time, and paid as hereinafter provided. When any of such office deputies is engaged in the service or attempted service of any writ, process, subpoena, or other order of the court, or when necessarily absent from the place of his regular employment, on official busi- ness, he shall be allowed his actual traveling expenses only, and his necessary and actual expenses for lodging and subsistence, not to exceed two dollars per day, and the necessary actual expenses in transporting prisoners, including necessary guard hire; and he shall make and render accounts thereof as hereinafter provided. Act May 28, 1896, c. 252, § 10, 29 Stat. 182. The previous provisions for the appointment and removal of deputy marshals are contained in Rev. St. 8 780. Marshals' field deputies; expenses of deputies. Sec. II. That at any time when, in the opinion of the marshal of any district, the public interest will thereby be promoted, he may appoint one or more deputy marshals for such district, who shall be known as field deputies, and, who, unless sooner removed by the district court as now provided by law shall hold office during the pleasure of the marshal, except as hereinafter provided, and who shall each, as his compensation, receive three-fourths of the gross fees, including mileage, as provided by law, earned by him, not to exceed one thousand five hundred dollars per fiscal year, or at that rate for any part of a fiscal year; and in addition shall be allowed his actual necessary expenses, not exceeding two dollars a day, while endeavoring to arrest, under process, a person charged with or convicted of crime: Provided, That a field deputy may elect to receive actual expenses on any trip in lieu of mileage: Provided, That in special cases, where in his judgment justice requires, the 616 (Sec. 793 Tit. 13-. THE JUDICIARY —Ch. 14. Attorney-General may make an additional allowance, not, however, in any case to make the aggregate annual compensation of any field deputy in excess of twenty-five hundred dollars nor more than three- fourths of the gross fees earned by such field deputy. The marshal, immediately after making any appointment or appointments under this section, shall report the same to the Attorney-General, stating the facts as distinguished from conclusions constituting the reason for such appointment, and the Attorney-General may at any time cancel any such appointment as the public interest may require. The field deputies herein provided for of the districts of California, Colorado, Washington, Montana, North Dakota, South Dakota, Nevada, Oregon, Wyoming, and Idaho shall, for the services they may perform during the fiscal year eighteen hundred and ninety- seven, receive double the fees allowed by law to like officers in other States for performing similar duties, but neither of them shall be allowed to receive of such fees any sum exceeding the aggregate compensation of such officer as provided herein. Act May 28, 1896, c. 252, § 11, 29 Stat. 182. The previous provisions for the appointment and removal of deputy marshals are contained in Rev. St. $ 780. Expenses of marshal; official residence. Sec. 12. That the marshal, when attending court at any place other than his official residence, and when engaged in the service or attempted service of any process, writ, or subpoena, and when other- wise necessarily absent from his official residence on official busi- ness, shall be allowed his necessary expenses for lodging and sub- sistence, not exceeding four dollars per day and his actual necessary traveling expenses. He shall also be allowed the actual necessary expenses in transporting prisoners, including necessary guard hire. An account of such expenses shall be made out and paid as herein- after provided. The marshal's official residence shall be deemed to be at one of the places of holding court in the district, and the Attorney-General shall be authorized to fix and declare the place of such official residence. Act May 28, 1896, c. 252, § 12, 29 Stat. 183. Expense accounts of district attorneys and their assistants, and of marshals and their deputies; returns of marshals; double com- pensation of deputy marshals forbidden. Sec. 13. That whenever in this Act an officer is allowed actual ex- penses the account therefor shall be made out quarterly, in accord- ance with rules and regulations prescribed by the Attorney-General . When made out the account shall be verified on oath before an officer authorized to administer oaths. The expense accounts of the marshals and their office deputies and the accounts of the field deputies shall be paid by the marshals; said accounts and the ex- pense accounts of the district attorneys and their assistants when made out in accordance with this Act shall be submitted to and examined by the circuit court or district court of the district, and when approved by the court shall be audited and allowed as now provided by law. Each marshal shall make such returns of the Sec. 793) - Tit. 13-— THE JUDICIARY —Ch617 . 14. earnings and expenses of his office as shall be required under rules and regulations prescribed by the Attorney-General: Provided, That no office or field deputy shall receive compensation as bailiff, and no field deputy shall receive fees for representing the marshal in court. Act May 28, 1896, c. 252, § 13, 29 Stat. 183. Office expenses of district attorneys and marshals. Sec. 14. That the necessary office expenses of the district attor- neys and marshals shall be allowed when authorized by the Attor- ney-General. Act May 28, 1896, c. 252, § 14, 29 Stat. 183. Clerical assistance to district attorneys. Sec. 15. That the district attorney of any judicial district, when the facts showing the necessity therefor are certified by the district judge to the Attorney-General, may, with the approval of the Attor- ney-General, and no longer than such approval lasts, employ neces- sary clerical assistance at such salary or salaries as shall be from time to time fixed by the Attorney-General. Act May 28, 1896, c. 252, § 15, 29 Stat. 183. The provisions of this section do not apply to the office of the district attorney for the southern district of New York or for the District of Columbia, by a proviso in section 24 of this act. Time of payment of salaries. Sec. 16. That all salaries provided by sections six to fifteen, in- clusive, of this Act shall be paid monthly by the Department of Justice. Act May 28, 1896, c. 252, § 16, 29 Stat. 183. Costs against unsuccessful party not affected. Sec. 17. That sections six to fifteen, inclusive, of this Act shall not be so construed as to prevent or affect the amount or taxation of costs against the unsuccessful party in civil proceedings or against defendants convicted of crimes or misdemeanors. Act May 28, 1896, c. 252, § 17, 29 Stat. 183. Receiving illegal fees; failure to account for fees. Sec. 18. That any officer whose compensation is fixed by sections six to fifteen, inclusive, of this Act who shall directly or indirectly demand, receive, or accept any fee or compensation for the per- formance of any official service other than is herein provided, or shall willfully fail or neglect to account for or pay over to the proper officer any fee received or collected by him shall, upon conviction thereof, be punished by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment, at the discretion of the court, not exceeding five years, or by both such fine and im- prisonment. Act May 28, 1896, c. 252, § 18, 29 Stat. 183. Secs. 19-21. [Abolish offices of commissioners of the circuit courts, and provide for appointment of United States commissioners and their fees and records.] 618 (Sec. 793 Tit. 13— THE JUDICIARY —Ch. 14. Sec. 22. [Temporary.] This section required the Attorney-General to make an investigation as respects the compensation to be paid by salary or otherwise to clerks of circuit and district courts, and to report to Congress at its next ses- sion a plan for fixing their compensation, and to recommend provisions touching their appointment and the performance of their duties. Sec. 23. [Relates to annual reports of Attorney-General.] Repeal; extent of application of provisions of act; time of taking ef- fect of act. Sec. 24. That all Acts and portions of Acts inconsistent with this Act are hereby repealed: Provided, That none of the provisions of sections six to twenty-three, both inclusive, of this Act shall apply to the Territory of Alaska, and said sections shall take effect and be in force on and after the first day of July, eighteen hundred and ninety-six, except as in said sections otherwise specially provided: Provided further, That none of the provisions of sections six, eight or fifteen of this Act shall apply to the office of the United States District Attorney and his assistants for the southern district of New York, or for the District of Columbia. * Act May 28, 1896, c. 252, & 24, 29 Stat. 186. In this section, as originally enacted, the first proviso read “that none of the provisions of sections 6 to 23, both inclusive, of this act, shall apply to the Indian Territory or to the Territory of Alaska.” This is amended by Act Feb. 19, 1897, c. 265, § 1, 29 Stat. 577, by striking out the words "Indian Territory or,” so that the provisions mentioned shall apply to the Indian Territory; but, by a further proviso annexed to said amendment, the provisions of sections 19, 20, and 21 shall not apply to the Territory, these sections relating to the appointment, fees, etc., of United States commissioners. Sec. 25. [Amends appropriation in Act Feb. 27, 1896, c. 34.] ACT JUNE 24, 1898, c. 495. An Act concerning Attorneys and Marshals of the United States. (30 Stat. 487.) District attorneys and marshals to serve until appointment and qual- ification of successor. Be it enacted, &c., That the attorneys and marshals of the United States, including the District of Columbia and the Territories, shall continue to discharge the duties of their respective offices, unless sooner removed by the President, until their successors shall be appointed and qualify in their stead. But they shall be appointed and commissioned for the term of four years as now provided by law. Act June 24, 1898, c. 495, § 1, 30 Stat. 487. The appointment and term of office of district attorneys are pro- vided for by Rev. St. $ 769; of marshals, by Rev. St. $ 779. Vacancies in offices of district attorney or marshal, how temporarily filled. Sec. 2. That in case of a vacancy in either of said offices, the dis- trict court of the United States for the district where such vacancy exists, the supreme court of the Territory, and the supreme court Secs. 794-795) 619 Tit. 13--THE JUDICIARY-Ch. 14. of the District of Columbia may appoint persons to exercise the duties of such offices within their respective jurisdictions, until such vacancy shall be filled. Act June 24, 1898, c. 495, § 2, 30 Stat. 487. Sec. 794. Oath of clerks. The clerk of the Supreme Court, and every clerk and deputy clerk of a circuit or district court, shall, before he enters upon the execu- tion of his office, take an oath or affirmation in the following form: “I, A B, being appointed a clerk of do solemnly swear (or affirm) that I will truly and faithfully enter and record all the orders, decrees, judgments, and proceedings of the said court, and that I will faithfully and impartially discharge and perform all the duties of my said office, according to the best of my abilities and under- standing. So help me God.” The words “só help me God” shall be omitted in all cases where an affirmation is admitted instead of an oath. Act Sept. 24, 1789, c. 20, § 7, 1 Stat. 76. Act June 30, 1870, c. 180, $ 7, 16 Stat. 175. Sec. 795. Clerk's bond. The clerk of every court shall give bond, in a sum to be fixed and with sureties to be approved by the court which appoints him, faithfully to discharge the duties of his office, and seasonably to record the decrees, judgments, and determinations of the court of which he is clerk; and a new bond may be required whenever the court deems it proper that such bond should be given. A copy of every bond given by a clerk shall be entered on the journal of the court for which he is appointed, and the bond shall be deposited for safe-keeping as the court may direct. A certified copy of such en- try shall be prima-facie proof of the execution of such bond and of the contents thereof. Act Sept. 24, 1789, c. 20, 87, 1 Stat. 76. Act March 3, 1863, c. 93, § 2. 12 Stat. 768. Subsequent provisions relating to the bonds of clerks of the Supreme Court and of the circuit and district courts are contained in Act Feb. 22, 1875, c. 95, § 3, set forth below. ACT FEB. 22, 1875, c. 95, $ 3. Bonds of clerks of Supreme Court and circuit and district courts. That the clerks of the Supreme Court and the circuit and district courts, respectively, shall each, before he enters upon the execution of his office, give bond, with sufficient sureties, to be approved by the court for which he is appointed, to the United States, in the sum of not less than five, and not more than twenty thousand dol- lars, to be determined and regulated by the Attorney-General of the United States, faithfully to discharge the duties of his office, and seasonably to record the decrees, judgments, and determinations of 620 (Secs. 795-797 Tit. 13— THE JUDICIARY —Ch. 14. the court of which he is clerk; And it shall be the duty of the dis- trict attorneys of the United States, upon requirement by the Attor- ney General, to give thirty days notice of motion in their several courts that new bonds, in accordance with the terms of this act, are required to be executed; and upon failure of any clerk to execute such new bonds, his office shall be deemed vacant. The Attorney General may at any time, upon like notice through the district attor- ney, require a bond of increased amount, in his discretion, from any of said clerks within the limit of the amount above specified; and the failure of the clerk to execute the same shall in like man- ner vacate his office. All bonds given by the clerks shall, after ap- proval, be recorded in their respective offices, and copies thereof from the records, certified by the clerks respectively, under seal of court, shall be competent evidence in any court. The original bonds shall be filed in the Department of Justice. Act Feb. 22, 1875, c. 95, § 3, 18 Stat. 333. Provisions for requiring clerks to give bond in a larger amount, in districts where greater security is necessary, are contained in section 2 of this act, post, following Rev. St. § 796. Sec. 796. Bonds of deputy clerks. Any circuit or district court may require any deputy clerk thereof to give bond to the United States for the faithful discharge of his duty as such deputy, in the same penalty, and with surety in the same manner, as is required by law of clerks; and such bond shall be recorded and preserved in like manner. But the taking of such bond shall not affect the legal responsibility of the clerk for the acts of such deputy. Act June 30, 1870, c. 180, 87, 16 Stat. 175. ACT FEB. 22, 1875, c. 95, $ 2. Bonds of clerks or marshals in greater amount, when required. That whenever the business of the courts in any judicial district shall make it necessary, in the opinion of the Attorney General, for the clerk or marshal to furnish greater security than the official bond now required by law, a bond in a sum not to exceed forty thousand dollars shall be given when required by the Attorney General, who shall fix the amount thereof. Act Feb. 22, 1875, c. 95, § 2, 18 Stat. 333. Sec. 797. [As amended 1879.] Clerk to forward to Solicitor of the Treasury a list of judgments (and report to Commissioner of Internal Revenue moneys paid into court in cases under internal revenue laws, etc.]. Every clerk of a circuit or district court shall, within thirty day's after the adjournment of each term thereof, forward to the Solicitor of the Treasury a list of all judgments and decrees, to which the United States are parties, which have been entered in said court, Secs. 797-798) 621 Tit. 13— THE JUDICIARY —Ch. 14. respectively, during such term, showing the amount adjudged or decreed, in each case, for or against the United States, and the term to which execution thereon will be returnable. He shall also, at the close of each quarter or within ten days thereafter, report to the Commissioner of Internal Revenue all mon- eys paid into court on account of cases arising under the internal- revenue laws, as well as all moneys paid on suits on bonds of col- lectors of internal revenue. The report shall show the name and nature of each case, the date of payment into court, the amount paid on account of debt, tax, or penalty, and also the amount on account of costs. If such money, or any portion thereof, has been paid by the clerk to any internal-revenue officer or other person, the report shall show to whom each of such payments was made; and if to an internal-revenue officer, it shall be accompanied by the receipt of such officer. Act May 15, 1820, c. 107, § 8, 3 Stat. 596. Act May 29, 1830, c. 153, § 2, 4 Stat. 414. Act March 1, 1879, c. 125, § 2, 20 Stat. 327. The amendment of this section by Act March 1, 1879, c. 125, § 2, cited above, consists in the addition of the provisions requiring and pre- scribing the contents of the report to the Commissioner of Internal Revenue. Returns of fees and emoluments are required from clerks by Rev. St. 88 833, 844–846, and other provisions collected under those sections. Sec. 798. Account of payments and moneys in court to be stated by the clerk. At each regular session of any court of the United States, the clerk shall present to the court an account of all moneys remaining therein, or subject to its order, stating in detail in what causes they are deposited, and in what causes payments have been made; and said account and the vouchers thereof shall be filed in the court. Act March 24, 1871, c. 2, $ 3, 17 Stat. 2. Special provisions relating to accounts and statements of clerks of district courts as to prize moneys and prize causes are contained in Rev. St. $ 4644. ACT FEB. 22, 1875, c. 95, $85, 6. Failure of clerk to make report, statement, etc., cause for removal from office. Sec. 5. That if any clerk of any district or circuit court of the United 5 States shall willfully refuse or neglect to make any report, certificate, statement, or other document required by law to be by him made, or shall willfully refuse or neglect to forward any such report, cer- tificate, statement, or document to the department, officer, or per- son to whom, by law, the same should be forwarded, the President of the United States is empowered, and it is hereby made his duty, in every such case, to remove such clerk so offending from office by an order in writing for that purpose. And upon the presentation of such order, or a copy thereof, authenticated by the Attorney-Gen- eral of the United States, to the judge of the court whereof such offender is clerk, such clerk shall thereupon be deemed to be out of 622 (Secs. 798–799 Tit. 13—THE JUDICIARY-Ch. 14. office, and shall not exercise the functions thereof. And such dis- trict judge, in the case of the clerk of a district court, shall appoint a successor; and in the case of the clerk of a circuit court, the circuit judge shall appoint a successor. And such person so removed shall not be eligible to any appointment as clerk or deputy clerk for the period of two years next after such removal. Act Feb. 22, 1875, c. 95, § 5, 18 Stat. 334. Failure of clerk to make report, statement, etc., a misdemeanor. Sec. 6. That if any clerk mentioned in the preceding section shall willfully refuse or neglect to make or to forward any such report, cer- tificate, statement, or document therein mentioned, he shall be deem- ed guilty of a misdemeanor, and shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding one year, in the discretion of the court; but a conviction under this section shall not be necessary as a condition precedent to the re- moval from office provided for in this act. Act Feb. 22, 1875, c. 95, § 6, 18 Stat. 334. The preceding section of this act (section 5), referred to in this section, is cited above, and sections 2 and 3 thereof are set forth ante, under Rev. St. $8 796, 795, respectively. The other sections of the act, re- lating to accounts of clerks, marshals, district attorneys, and commis- sioners, are set forth post, under Rev. St. $ 846. Sec. 799. Oaths to persons identifying papers in admiralty causes, when admin- istered by clerks. The clerks of the district and circuit courts may, in the absence or in case of the disability of the judges, administer oaths to all persons identifying papers found on board of vessels or elsewhere, to be used on trials in admiralty causes. Act May 8, 1792, c. 36, § 10, 1 Stat. 278. ACT JUNE 20, 1874, c. 328, $ 2. Residence of clerks, marshals, and district attorneys. That every clerk of the circuit or district court of the United States, United States marshal, or United States district attorney, shall reside permanently in the district where his official duties are to be performed, and shall give his personal attention thereto; and in case any such officer shall remove from his district, or shall fail to give personal attention to the duties of his office, except in case of sickness, such office shall be deemed vacant: Provided, That in the southern district of New York said officers may reside within twenty miles of their districts. Act June 20, 1874, c. 328, § 2, 18 Stat. 109. The attorney-general is authorized to fix the place of the official res- idence of the district attorney and of each of his assistants, by Act May 28, 1896, c. 252, $ 8, and also of the official residence of the mar- shal, at one of the places of holding court in the district, by section 12 of the same act, ante, following Rev. St. $ 793. Sec. 800) 623 Tit. 13— THE JUDICIARY —Ch. 15. CHAPTER FIFTEEN. Juries. Sec. 800. Jurors, qualifications and selection of, according to State laws. Act June 30, 1879, c. 52, § 2. Jurors, how drawn; term of service; no disqualification on account of race, color, or previous condition of servitude. Act Aug. 8, 1888, c. 785. Juries of circuit and district courts may be used interchangeably. 801. [Repealed.] 802. Jurors, how to be apportioned in the district. 803. Writs of venire, how issued and served. 804. Talesmen for petit juries. 805. Special juries in the circuit courts. 806. New York; (jury for northern dis- trict, at Albany, Syracuse, and Utica] S07. Vermont; when petit jury to be summoned. 808. Number of grand jurors; complet- ing jury. Sec. 809. Foreman of grand jury, appoint- ment and power of. 810. Grand juries, when summoned. 811. Discharge of grand juries. 812. Jurors not to be summoned often- er than once in two years. 813. Grand juries of district courts may act in cases cognizable in circuit court. 814. Arkansas, western district, at Helena; jurors. 815. Juries in Kentucky and Indiana. 816. North Carolina; juries at special terms. 817. Juries for western district of South Carolina. 818. Vermont; charge to grand jury by the circuit court. 819. Challenges. 820. [Repealed.] 821. [Repealed.] 822. Grand and petit jurors, in cases under Act April 20, 1871, c. 22. Sec. 800. [Repealed in part 1879.] Jurors, qualifications and selection of, according to State laws. Jurors to serve in the courts of the United States, in each State respectively, shall have the same qualifications, subject to the pro- visions hereinafter contained, and be entitled to the same exemp- tions, as jurors of the highest court of law in such State may have and be entitled to at the time when such jurors for service in the courts of the United States are summoned; and they shall be desig- nated by ballot, lot, or otherwise, according to the mode of form- ing such juries then practiced in such State court, so far as such mode may be practicable by the courts of the United States or the officers thereof. And for this purpose the said courts may, by rule or order, conform the designation and impaneling of juries, in sub- stance, to the laws and usages relating to jurors in the State courts, from time to time in force in such State. * [Part of section omitted repealed. Act June 30, 1879, c. 52.] Act July 20, 1840, c. 47, 5 Stat. 394. Act June 17, 1862, c. 103, § 1, 12 Stat. 430. Act April 20, 1871, c. 22, § 5, 17 Stat. 15. Act March 3, 1849, c. 118, 9 Stat. 403. Act July 15, 1870, c. 298, $ 3, 16 Stat. 363. Res. Dec. 22, 1870, No. 2, 16 Stat. 589. Act June 30, 1879, c. 52, § 2, 21 Stat. 43. The portion of this section omitted here, which is repealed by Act * 624 (Sec. 800 Tit. 13--THE JUDICIARY —Ch. 15. June 30, 1879, c. 52, § 2, 21 Stat. 43, provided that the section should not apply to juries for the courts of the United States in Pennsylvania. That portion of this section relating to the method of drawing names of jurors may be regarded as superseded by Act June 30, 1879, c. 52, $ 2, set forth below. All artificers and workmen employed in the armories and arsenals of the United States are exempted during their term of service from service as jurors in any court by Rev. St. $ 1671. ACT JUNE 30, 1879, c. 52, § 2, Jurors, how drawn; term of service; no disqualification on account of race, color, or previous condition of servitude. * [Part of section omitted relates to per diem fee of jurors, and repeals part of Rev. St. $ 800, and Rev. St. $$ 801, 820, 821.] And that all such jurors, grand and petit, including those summoned dur- ing the session of the court, shall be publicly drawn from a box containing, at the time of each drawing, the names of not less than three hundred persons, possessing the qualifications prescribed in section eight hundred of the Revised Statutes, which names shall have been placed therein by the clerk of such court and a commis- sioner, to be appointed by the judge thereof, which commissioner shall be a citizen of good standing, residing in the district in which such court is held, and a well-known member of the principal politi- cal party in the district in which the court is held opposing that to which the clerk may belong, the clerk and said commissioner each to place one name in said box alternately, without reference to party affiliations, until the whole number required shall be placed therein. But nothing herein contained shall be construed to prevent any judge from ordering the names of jurors to be drawn from the boxes used by the State authorities in selecting jurors in the high- est courts of the State; And no person shall serve as a petit juror more than one term in any one year, and all juries to serve in courts after the passage of this act shall be drawn in conformity herewith: Provided, That no citizen possessing all other qualifications which are or may be prescribed by law shall be disqualified for service as grand or petit juror in any court of the United States on account of race, color, or previous condition of servitude. Act June 30, 1879, c. 52, & 2, 21 Stat. 43. The portion of this section omitted here, relating to the per diem compensation of jurors, is set forth post, under Rev. St. § 852. An amendment of this section is made by Act Aug. 8, 1888, c. 783. set forth below. A provision similar to that in the last clause of this section is con- tained in Act March 1, 1875, c. 114, § 4, post, under Rev. St. $ 1977. ACT AUG. 8, 1888, c. 785. An Act to Authorize the Juries of the United States Circuit and District Courts to be used Interchangeably, and to Provide for Drawing Talesmen. (25 Stat. 386.) Juries of circuit and district courts may be used interchangeably. Be it enacted, &c., That the act of Congress approved June thir- tieth, eighteen hundred and seventy-nine, chapter fifty-two, section Secs. 800-804) 625 Tit. 13— THE JUDICIARY –Ch. 15. two, be, and the same is hereby, amended, so that whenever any circuit and district court of the United States shall be held at the same time and place they shall be authorized and required, if the business of the courts will permit, to use interchangeably the juries in either court drawn according to the provisions of said act. Act Aug. 8, 1888, c. 783, 25 Stat. 386. Act June 30, 1879, c. 52, $ 2, referred to and amended by this act, is set forth above. In many instances the acts establishing particular judicial districts, or dividing them into divisions, provide that the grand and petit jurors summoned for service in any of the divisions of the districts shall be residents of the divisions for which they are summoned. Such acts frequently provide, also, that whenever the terms of the circuit and district courts are held at the same time and place the grand, and petit jurors summoned to attend in either of said courts may serve in the other of said courts, and that but one grand or petit jury shall be summoned to attend in said courts at one and the same time. These provisions are set forth, as part of such statutes relating to particular districts, ante, under chapter 1 of this Title. Sec. 801. [Repealed. Act June 30, 1879, c. 52, $ 2.] This section related to the mode of selecting jurors in Pennsylvania, It is expressly repealed by Act June 30, 1879, c. 52, $ 2, 21 Stat. 43. Sec. 802. Jurors, how to be apportioned in the district. Jurors shall be returned from such parts of the district, from time to time, as the court shall direct, so as to be most favorable to an impartial trial, and so as not to incur an unnecessary expense, or unduly to burden the citizens of any part of the district with such services. Act Sept. 24, 1789, c. 20, $ 29, 1 Stat. 88. Sec. 803. Writs of venire, how issued and served. Writs of venire facias, when directed by the court, shall issue from the clerk's office, and shall be served and returned by the marshal in person, or by his deputy; or, in case the marshal or his deputy is not an indifferent person, or is interested in the event of the cause, by such fit person as may be specially appointed for that purpose by the court, who shall administer to him an oath that he will truly and impartially serve and return the writ. Act Sept. 24, 1789, c. 20, $ 29, 1 Stat. 88. 9 Sec. 804. Talesmen for petit juries. When, from challenges or otherwise, there is not a petit jury to determine any civil or criminal cause, the marshal or his deputy shall, by order of the court in which such defect of jurors happens, LAWS '01-40 626 (Secs. 805-808 Tit. 13—THE JUDICIARY —Ch. 15. return jurymen from the by-standers sufficient to complete the panel; and when the marshal or his deputy is disqualified as aforesaid, jurors may be so returned by such disinterested person as the court may appoint, and such person shall be sworn, as provided in the preceding section. Act Sept. 24, 1789, c. 20, § 29, 1 Stat. 88. Act March 3, 1865, C. 86, 8 1, 13 Stat. 500. Sec. 805. Special juries in the circuit courts. When special juries are ordered in any circuit court, they shall be returned by the marshal in the same manner and form as is re- quired in such cases by the laws of the several States. Act April 29, 1802, c. 31, § 30, 2 Stat. 167. Sec. 806. [As amended 1882.] New York; (jury for northern district, at Albany, Syracuse, and Utica.] No jury shall be drawn for service exclusively in the circuit court for the northern district of New York at the terms thereof required by law to be held at Albany and Syracuse, or at the adjourned term thereof required by law to be held at Utica, if a jury is drawn to serve in the district court held at the same times and places with said terms and adjourned term, but it shall be used for the trial of issues of fact arising in civil and criminal causes in said circuit court; and the verdicts of said jury and all proceedings upon the trial of said issues shall be of the same effect as if the said jury had been drawn to serve in the said circuit court. Act July 4, 1864, c. 245, $ 2, 13 Stat. 385. Act March 23, 1882, C. 48, § 3, 22 Stat. 32. The amendment of this section by Act March 23, 1882, c. 48, $ 3, cited above, consists in a change of the description of the terms of the courts mentioned, to conform to the changes in such terms made by sections 1 and 2 of that act. But those provisions are repealed by Act May 12, 1900, c. 391, which constitutes part of the northern district the western district, and makes different provisions for terms of the courts at the places named in this section. Ante, under Rev. St. 88 541, 572, 658. This section, also, may be regarded as superseded by said provisions of Act May 12, 1900, c. 391. Sec. 807. Vermont; when petit jury to be summoned. The clerk of the district court for Vermont shall not cause a petit jury to be summoned or returned to any session in which there shall appear to be no issue proper for trial by jury, unless by special or- der of the judge. Act April 29, 1802, c. 31, $ 29, 2 Stat. 167. Sec. 808. Number of grand jurors; completing jury. Every grand jury empaneled before any district or circuit court shall consist of not less than sixteen nor more than twenty-three Secs. 809–812) - Tit. 13—THE JUDICIARY —Ch627 . 15. persons. If of the persons summoned less than sixteen attend, they shall be placed on the grand jury, and the court shall order the mar- shal to summon, either immediately or for a day fixed, from the body of the district, and not from the by-standers, a sufficient num- ber of persons to complete the grand jury. And whenever a chal- lenge to a grand juror is allowed, and there are not in attendance other jurors sufficient to complete the grand jury, the court shall make a like order to the marshal to summon a sufficient number of persons for that purpose. Act March 3, 1865, c. 86, 81, 13 Stat. 500. Sec. 809. Foreman of grand jury, appointment and power of. From the persons summoned and accepted as grand jurors, the court shall appoint the foreman, who shall have power to administer oaths and affirmations to witnesses appearing before the grand jury. Act March 3, 1865, c. 86, § 1, 13 Stat. 500. Sec. 810. Grand juries, when summoned. No grand jury shall be summoned to attend any circuit or dis- trict court unless one of the judges of such circuit court, or the judge of such district, in his own discretion, or upon a notification by the district attorney that such jury will be needed, orders a venire to issue therefor. And either of the said courts may in term order a grand jury to be summoned at such time, and to serve such time as it may direct, whenever, in its judgment, it may be proper to do so. But nothing herein shall operate to extend beyond the time permitted by law the imprisonment before indictment found of a person accused of a crime or offense, or the time during which a person so accused may be held under recognizance before indict- ment found. Act Sept. 24, 1789, c. 20, $ 29, 1 Stat. 88. Act May 20, 1826, c. 136, 4 Stat. 188. Act Aug. 8, 1846, c. 98, & 3, 9 Stat. 72. Act Aug. 16, 1856, c. 124, § 7, 11 Stat. 50. Sec. 811. Discharge of grand juries. The circuit and district courts, the district courts of the Ter- ritories, and the supreme court of the District of Columbia, may dis- charge their grand juries whenever they deem a continuance of the sessions of such juries unnecessary. Act Aug. 16, 1856, c. 124, § 7, 11 Stat. 50. Sec. 812. Jurors not to be summoned oftener than once in two years. No person shall be summoned as a juror in any circuit or dis- trict court more than once in two years, and it shall be sufficient 628 (Secs. 812–815 Tit. 13— THE JUDICIARY —Ch. 15. cause of challenge to any juror called to be sworn in any cause that he has been summoned and attended said court as a juror at any term of said court held within two years prior to the time of such challenge. Act July 15, 1870, c. 298, § 2, 16 Stat. 363. No person is to serve as a petit juror more than one term in any one year, by a provision of Act June 30, 1879, c. 52, $ 2, ante, under Rev. St. $ 800. Sec. 813. Grand juries of district courts may act in cases cognizable in circuit court. The grand jury impaneled and sworn in any district court may take cognizance of all crimes and offenses within the jurisdiction of the circuit court for said district as well as of said district court. Act Aug. 8, 1846, c. 98, § 3, 9 Stat. 72. Sec. 814. Arkansas, western district, at Helena; jurors. In the western district of Arkansas such number of jurors shall be summoned at every term of the district court thereof, to be held at Helena, as may have been ordered at a previous term, or by the district judge in vacation. And a grand jury may be summoned to attend any such term when ordered by the court or by the judge in vacation. In case of a deficiency of jurors, talesmen may be sum- moned by order of the court. Act March 3, 1871, c. 106, § 2, 16 Stat. 472. The provisions of this section may be regarded as having become in- applicable, on the transfer of the court at Helena from the western district to the eastern district, by Act Jan. 31, 1877, c. 41, 19 Stat. 230, and other changes made by that act and later statutes, set forth or referred to under Rev. St. 88 533, 572, 658. Sec. 815. Juries in Kentucky and Indiana. In the several districts of Kentucky and Indiana, such number of jurors shall be summoned by the marshal at every term of the circuit and district courts, respectively, as may have been ordered of record at the previous term; and in case there is not a sufficient number of jurors in attendance at any time, the court may order such number to be summoned as, in its judgment, may be necessary to transact the business of the court. And a grand jury summoned to attend every term of the circuit or district court by order of the court. The marshal may summon juries and talesmen in case of a deficiency, pursuant to an order of the court made dur- ing the term, and they shall serve for such time as the court may direct. Act May 15, 1862, c. 71, § 3, 12 Stat. 386. Act June 30, 1870, c. 180, $ 3, 16 Stat. 175. may be Secs. 816-819) 629 Tit. 13—THE JUDICIARY —Ch. 15. Sec. 816. North Carolina; juries at special terms. The circuit and district courts for either of the districts of North Carolina may order a grand or petit jury, or both to attend any special term thereof, by an order to be entered of record thirty days before the day on which such special term is appointed to convene. Act June 4, 1872, c. 282, § 4, 17 Stat. 215. Sec. 817. Juries for western district of South Carolina. The grand and petit jurors for the district court sitting in the western district of South Carolina shall be drawn from the in- habitants of said district who are liable, according to the laws of said State, to do jury duty in the courts thereof; and all jurors shall be drawn during the sitting of the court for the next succeeding terin. Act Aug. 16, 1856, c. 119, § 2, 11 Stat. 43. Act Feb. 21, 1823, c. 11, § 1, 3 Stat. 726. Act May 25, 1824, c. 145, § 3, 4 Stat. 35. Sec. 818. Vermont; charge to grand jury by the circuit court. In the district of Vermont, it shall be the duty of the circuit court, at its regular sessions, to give in charge to the grand juries all crimes, offenses, and misdemeanors which are cognizable as well in the dis- trict court thereof as in tlie said circuit court. Act April 29, 1802, c. 31, § 29, 2 Stat. 167. Sec. 819. Challenges. When the offense charged is treason or a capital offense, the defendant shall be entitled to twenty and the United States to five per- emptory challenges. On the trial of any other felony, the defendant shall be entitled to ten and the United States to three peremptory challenges; and in all other cases, civil and criminal, each party shall be entitled to three peremptory challenges; and in all cases where there are several defendants or several plaintiffs, the parties on each side shall be deemed a single party for the purposes of all challenges under this section. All challenges, whether to the array or panel, or to individual jurors for cause or favor, shall be tried by the court without the aid of triers. Act June 8, 1872, c. 333, § 2, 17 Stat. 282. On summary trials by jury of offenses against navigation laws the United States and the accused are each entitled to three peremptory challenges for cause, by Rev. St. § 4303. Challenges above the number allowed the defendant, in the trial of a capital offense, are to be disregarded, by Rev. St. § 1031. 630 (Secs. 820-822 Tit. 13—THE JUDICIARY —Ch. 16. Sec. 820. [Repealed. Act June 30, 1879, c. 52, § 2, and Act May 13, 1884, c. 46, § 4.] This section provided that any person who had, without duress and coercion, taken up arms or joined any insurrection or rebellion against the United States, adhered to any insurrection or rebellion, giving it aid and comfort, etc., should be disqualified from serving as grand or petit juror in the courts of the United States. It is expressly re- pealed by Act June 30, 1879, c. 52, & 2, 21 Stat. 43, and Act May 13, 1884, c. 46, 84, 23 Stat. 21. Sec. 821. [Repealed. Act June 30, 1879, c. 52, § 2, and May 13, 1884, C. 46, § 4.] This section provided a form of oath to be administered to grand or petit jurors in certain cases, to the effect that the affiant had not taken up arms against the United States, etc. It is expressly repealed by Act June 30, 1879, c. 52, & 2, 21 Stat. 438, and Act May 13, 1884, c. 46, 8 4, 23 Stat. 21. Sec. 822. Grand and petit jurors, in cases under Act April 20, 1871, c. 22. No person shall be a grand or petit juror in any court of the United States, upon any inquiry, hearing, or trial of any suit, pro- ceeding, or prosecution based upon or arising under the provisions of Title “Civil Rights” and of Title “Crimes,” for enforcing the provisions of the fourteenth amendment to the Constitution, who is, in the judgment of the court, in complicity with any combination or conspiracy in said Titles set forth; and every grand and petit juror shall, before entering upon any such inquiry, hearing, or trial, take and subscribe an oath, in open court, that he has never, directly or indirectly, counseled, advised, or voluntarily aided any such com- bination or conspiracy. Act April 20, 1871, c. 22, § 5, 17 Stat. 15. Special causes of challenge to jurors in prosecutions for bigamy, polygamy, or unlawful cohabitation, and the proceedings on trial of such challenges, are prescribed by Act March 22, 1882, c. 47, § 5, post, following Rev. St. § 5352. CHAPTER SIXTEEN. Fees. Sec. 823. Fees to be taxed. FEES OF ATTORNEYS, SOLICIT- ORS, AND PROCTORS. 824. Attorneys, solicitors, and proctors. Sec. Act Aug. 18, 1894, c. 301, $ 1. Mileage for attendance before com- missioner, etc. 825. Fees in revenue cases, and in suits on official bonds. Tit. 13—THE JUDICIARY—Ch. 16. 631 Sec. 826. Fees on bonds, when not allowed. 827. Fees of district attorney for de- fense of revenue officers. CLERKS' FEES. 828. Clerks' fees; clerks' books to be open to inspection. Sec. 845. Auditing of accounts of district at- torneys, etc., in Department of Justice. 846. Accounts of district attorneys, etc., to be certified to by district judge. Act Feb. 22, 1875, c. 95, $$ 1-8. 1. Accounts of district attorneys, clerks, marshals, and commis- sioners; proof, and approval by court. 2, 3. [Relate to official bonds.] 4. Mandamus to compel making of returns, etc. 5, 6. [Relate to reports, etc., clerks.] 7. Mileage or travel expenses of dis- trict attorneys, clerks, and mar- shals. 8. Repeal. Act March 3, 1883, c. 143, 1. Compensation of clerk of Supreme Court; tables of fees. Act March 15, 1898, c. 68, $ 8. Annual returns of fees by clerk of Supreme Court; naturalization fees of clerks. Act June 6, 1900, c. 791, § 1. Annual returns of fees by clerks of circuit courts of appeals. MARSHALS' FEES. 829. Marshals' fees. Act Aug. 18, 1894, c. 301, § 1. Mileage for execution or return of writs. 830. What fees to be paid to marshals. 831. Attendance on rule-days, and when circuit and district courts sit at same time. Act March 3, 1887, c. 362. Fees on warrants for arrest of per- sons under recognizance; per diem compensation for attendance at court. Act March 3, 1893, c. 208. Fees on warrants in prosecutions under internal revenue laws. 832. Marshal of the Supreme Court of the United States. 833. Semi-annual returns of fees by district attorneys, marshals, and clerks. Act March 2, 1895, c. 189. Fees not earned or due not to be re- turned or allowed. 834. What to be included in the semi- annual returns of district attor- neys and marshals. 835. [Superseded.] 836. Sum to be paid to district attor- ney of southern district of New York for office expenses. 837. District attorney and marshal in Oregon and Nevada. 838. Prosecution of fi auds on the rev- enue. 839. Compensation retained by a clerk. 840. Clerks in California, Oregon, and Nevada. 841. [Superseded.] 842. Additional compensation in prize causes. 843. Allowances for each year made from the fees thereof. 844. Payment of surplus fees into the Treasury. COMMISSIONERS' FEES. 847. [Superseded.] Act May 28, 1896, c. 252, & 21. Commissioners' fees; records. WITNESSES' FEES. 848. Witnesses' fees. Act Aug. 3, 1892, c. 361. Mileage of jurors and witnesses in certain states and territories. 819. No officer of court to have wit- ness fees. 850. Expenses of clerks, etc., of United States sent away as witnesses, paid. 851. Seamen sent home as witnesses. JURORS' FEES. 852. Fees of grand and petit jurors. Act June 30, 1879, c. 52, & 2. Per diem compensation of grand and petit jurors. 632 (Secs. 823-824 Tit. 13— THE JUDICIARY —Ch. 16. Sec. PRINTERS' FEES. 853. Printers' fees. 854. Meaning of folio. Sec. 856. Fees of district attorneys, mar- shals, etc., how paid. Act Feb. 26, 1896, c. 33. Fees of district attorneys, marshals, etc., in suits on postmasters' bonds, how paid. 857. Fees, how recovered. FEES, HOW PAID AND RE- COVERED. 855. Jurors and witnesses, when paid by marshal. Sec. 823. Fees to be taxed. The following and no other compensation shall be taxed and al- lowed to attorneys, solicitors, and proctors in the courts of the United States, to district attorneys, clerks of the circuit and district courts, marshals, commissioners, witnesses, jurors, and printers in the several States and Territories, except in cases otherwise expressly provided by law. But nothing herein shall be construed to prohibit attorneys, solicitors, and proctors from charging to and receiving from their clients, other than the Government, such reasonable com- pensation for their services, in addition to the taxable costs, as may be in accordance with general usage in their respective States, or may be agreed upon between the parties. Act Feb. 26, 1853, c. 80, 81, 10 Stat. 161. Act March 3, 1855, c. 175, $ 12, 10 Stat. 670, 671. Provisions for payment to district attorneys and marshals of salaries and compensation for expenses, instead of the fees and emoluments provided in this chapter and subsequent statutes collected or referred to under it, are contained in Act May 28, 1896, c. 252, 88 6-18, ante, following key. St. $ 793; but, by section 6 of that at, such fees are to be charged and collected and paid to the clerk of the court having jurisdiction, and by him covered into the treasury of the United States. FEES OF ATTORNEYS, SOLICITORS, AND PROCTORS. Sec. 824, Attorneys, solicitors, and proctors. On a trial before a jury, in civil or criminal causes or before referees, or on a final hearing in equity or admiralty, a docket fee of twenty dollars: Provided, That in cases of adiniralty and mari- time jurisdiction, where the libelant recovers less than fifty dollars, the docket fee of his proctor shall be but ten dollars. In cases at law, when judgment is rendered without a jury, ten dollars. In cases at law, when the cause is discontinued, five doilars. For scire facias, and other proceedings on recognizances, five dol- lars. For each deposition taken and admitted in evidence in a cause, two dollars and fifty cents. For services rendered in cases removed from a district, to a circuit court by writ of crror or appeal, five dollars. For examination by a district attorney, before a judge or commis- a Sec. 824) 633 Tit. 13— THE JUDICIARY —Ch. 16. sioner, of persons charged with crime, five dollars a day for the time necessarily employed. For eaclı day of his necessary attendance in a court of the United States on the business of the United States, when the court is held at the place of his abode, five dollars; and for his attendance when the court is held elsewhere, five dollars for each day of the term. For traveling from the place of his abode to the place of holding any court of the United States in his district, or to the place of any examination before a judge or commissioner, of a person charged with crime, ten cents a mile for going and ten cents a mile for re- turning. When an indictment for crime is tried before a jury and a convic- tion is had, the district attorney may be allowed, in addition to the attorney's fees herein provided, a counsel fee, in proportion to the importance and difficulty of the cause, not exceeding thirty dollars. Act Feb. 26, 1853, c. 80, § 1, 10 Stat. 161, 162. The application of Rev. St. 88 824-827, and of other provisions re- ferred to below, to the compensation of district attorneys, is super- seded, except in the southern district of New York and in the District of Columbia, by the provisions for payment to them of salaries and other compensation, contained in Act May 28, 1896, c. 252, 88 6–8, 14-18, ante, following Rev. St. $ 793. But as sections 6, 8, and 15 of that act, by a proviso in section 24 thereof, do not apply to the southern district of New York or to the District of Columbia, com- pensation of the district attorneys in those districts is regulated by these sections of the Revised Statutes and subsequent provisions set forth or referred to under them. Special provisions relating to the compensation cf the district attor- ney for the southern district of New York are contained in Rev. St. 88 770, 836, and of the district attorneys for the districts of Oregon and Nevada, in Rev. St. $ 837. But one bill of costs is to be paid to a district attorney who prose- cutes two or more indictments, suits, or proceedings which should be joined, by Rev. St. § 980. Provisions relating to per diem or other allowances to district attor- neys, clerks, and marshals, for attendance at court, are contained in Rev. St. $ 831; and other provisions applicable to such allowances and to mileage or traveling expenses of district attorneys, clerks, and marshals, and their accounts therefor, are set forth or referred to under Rev. St. $ 846. Mileage for attendance of district attorneys or their assistants be- fore a commissioner or other committing magistrate is restricted by a provision of Act Aug. 18, 1894, c. 301, § 1, set forth below. Returns of fees are required, and their contents are prescribed, and the rendering and settlement of accounts of district attorneys are regu- lated by Rev. St. 88 833, 834, 844–816, and subsequent provisions set forth or referred to under those sections. District attorneys, for services rendered under the provisions of Title XXIV, "Civil Rights,” are entitled to the same fees as are allowed them in other cases by Rev. St. § 1986, set forth post, under said Title. A fee for the preparation and approval by the district attorney of each deed required on sale of real property for taxes, under Rev. St. 8 3197, is provided by the amendment of that section by Act March 1, 1879, c. 125, $ 3. Compensation to district attorneys for services in prize causes is provided by Rev. St. § 4646. The prohibition of Act June 20, 1874, c. 328, § 3, post, following Rev. St. $ 1765, that no civil officer shall receive any compensation beyond that allowed by law, by a proviso annexed thereto is not to 634 (Secs. 824-827 Tit. 13— THE JUDICIARY —Ch. 16. be construed to prevent the employment and payment by the Depart- ment of Justice of district attorneys for services not covered by their salaries or fees. Compensation of assistant district attorneys is provided for by Act May 28, 1896, c. 252, § 8, ante, following Rev. St. $ 793. Payment of fees of district attorneys, in cases where the United States is a party, is provided for by Rev. St. $ 856; and recovery of other fees and compensation, by Rev. St. $ 857. ACT AUG. 18, 1894, c. 301, § 1. Mileage for attendance before commissioner, etc. That hereafter the United States district attorney shall be allowed one mileage actually traveled to and from the place of hearing for his attendance in person, or by his assistant, before a United States commissioner or other committing magistrate, in each case, and no more. Act Aug. 18, 1894, c. 301, § 1, 28 Stat. 416. This is a provision of the sundry civil appropriation act for the year ending June 30, 1895. Similar provisions, not permanent in terms, were contained in previous appropriation acts. Sec. 825. Fees in revenue cases, and in suits on official bonds. There shall be taxed and paid to every district attorney two per centum upon all moneys collected or realized in any suit or pro- ceeding arising under the revenue laws, and conducted by him, in which the United States is a party, which shall be in lieu of all costs and fees in such proceeding. Act March 3, 1863, c. 76, § 11, 12 Stat. 741. See note under Rev. St. 8 824. Provisions for allowances to district attorneys for expenses and serv- ices in prosecutions for fines and penalties under revenue laws are contained in Rev. St. $ 3085. Sec. 826. Fees on bonds, when not allowed. No fee shall accrue to any district attorney on any bond left with him for collection, or in a suit commenced on any bond for the re- newal of which provision is made by law, unless the party neglects to apply for such renewal for more than twenty days after the ma- turity of the bond. Act Oct. 12, 1837, c. 3, § 2, 5 Stat. 204. See note under Rev. St. 8 824. Sec. 827. Fees of district attorney for defense of revenue officers. When a district attorney appears by direction of the Secretary or Solicitor of the Treasury, on behalf of any officer of the revenue in any suit against such officer, for any act done by him, or for the recovery of any money received by him and paid into the Treasury in the performance of his official duty, he shall receive such com- Secs. 827-828) 635 Tit. 13— THE JUDICIARY —Ch. 16. pensation as may be certified to be proper by the court in which the suit is brought, and approved by the Secretary of the Treasury. Act March 3, 1863, c. 76, § 12, 12 Stat. 741. See note under Rev. St. § 824. Provisions relating to settlement of accounts for services rendered by district attorneys, in such cases as those mentioned in this section, and similar cases, are contained in Rev. St. § 299. CLERKS' FEES. Sec. 828. Clerks' fees; clerks' books to be open to inspection. For issuing and entering every process, commission, summons, capias, execution, warrant, attachment, or other writ, except a writ of venire, or a summons or subpæna for a witness, one dollar. For issuing a writ of summons or subpæna, twenty-five cents. For filing and entering every declaration, plea, or other paper, ten cents. For administering an oath or affirmation, except to a juror, ten cents. For taking an acknowledgment, twenty-five cents. For taking and certifying depositions to file, twenty cents for each folio of one hundred words. For a copy of such deposition furnished to a party on request, ten cents a folio. For entering any return, rule, order, continuance, judgment, de- cree, or recognizance, or drawing any bond, or making any record, certificate, return, or report, for each folio, fifteen cents. For a copy of any entry or record, or of any paper on file, for each folio, ten cents. For making dockets and indexes, issuing venire, taxing costs, and all other services, on the trial or argument of a cause where issue is joined and testimony given, three dollars. For making dockets and indexes, taxing costs, and all other serv- ices, in a cause where issue is joined, but no testimony is given, two dollars. For making dockets and indexes, taxing costs, and other services, in a cause which is dismissed or discontinued, or where judgment or decree is made or rendered without issue, one dollar. For making dockets and taxing costs, in cases removed by writ of error or appeal, one dollar. For affixing the seal of the court to any instrument, when required, twenty cents. For every search for any particular mortgage, judgment, or other lien, fifteen cents. For searching the records of the court for judgments, decrees, or other instruments constituting a general lien on real estate, and cer- tifying the result of such search, fifteen cents for each person against whom such search is required to be made. For receiving, keeping, and paying out money, in pursuance of any statute or order of court, one per centum on the amount so re- ceived, kept, and paid. 636 (Secs. 828–829 Tit. 13— THE JUDICIARY-Ch. 16. For traveling from the office of the clerk, where he is required to reside, to the place of holding any court required by law to be held, five cents a mile for going and five cents for returning, and five dol- lars a day for his attendance on the court while actually in session. All books in the offices of the clerks of the circuit and district courts, containing the docket or minute of the judgments, or decrees thereof, shall, during office hours, be open to the inspection of any person desiring to examine the same, without any fees or charge therefor. Ас Aug. 12, 1848, c. 166, § 1, 9 Stat. 292. Act Feb. 26, 1853, c. 80, § 1, 10 Stat. 163, 167. The amount of fees and emoluments which a clerk may retain for his personal compensation is limited to $3,500 a year, over and above necessary office expenses, including necessary clerk hire, by Rev. St. § 839. Special provisions relating to the compensation of clerks in California, Oregon, and Nevada are contained in Rev. St. § 840. The salaries of clerks of the circuit courts of appeals, and costs and fees in those courts, are regulated by provisions of Act March 3, 1891, c. 517, SS 2, 9, and Act Feb. 19, 1897, c. 263, ante, under chapter 8 A of this Title. Provisions relating to per diem or other allowances to district attor- neys, clerks, and marshals, for attendance at court, are contained in Rev. St. $ 831; and other provisions applicable to such allowances and to mileage or traveling expenses of district attorneys, clerks, and marshals, and their accounts therefor, are set forth or referred to under Rev. St. § 846. Returns of fees are required and the contents prescribed, and the rendering and settlement of accounts of clerks are regulated by Rev. St. 88 833, 845, 846, and subsequent provisions set forth or referred to under that section. Clerks are entitled for services rendered under the provisions of Rev. St. 88 1977-1991, to the same fees as are allowed them for like services in other cases by Rev. St. § 1986. Compensation of deputy clerks is provided for by Rev. St. $$ 561, 626. Payment of fees of clerks, in cases where the United States is a party, is provided for by Rev. St. $ 856; and recovery of other fees and compensation, by Rev. St. $ 857. MARSHALS' FEES. Sec. 829. Marshals' fees. For service of any warrant, attachment, summons, capias, or other writ, except execution, venire, or a summons or subpoena for a wit- ness, two dollars for each person on whom service is made. For the keeping of personal property attached on mesne process, such compensation as the court, on petition setting forth the facts under oath, may allow. For serving venires and summoning every twelve men as grand or petit jurors, four dollars, or thirty-three and one-third cents each. In States where, by the laws thereof, jurors are drawn by lot, by constables, or other officers of corporate places, the marshal shall receive, for each jury, two dollars for the use of the officers employed in drawing and summoning the jurors and returning each venire, and two dollars for his own services in distributing the venires. But the fees for distributing and serving venires, drawing and summoning Sec. 829) 637 Tit. 13—THE JUDICIARY —Ch. 16. jurors by township officers, including the mileage chargeable by the marshal for each service, shall not at any court exceed fifty dollars. For holding a court of inquiry or other proceedings before a jury, including the summoning of a jury, fivè dollars. For serving a writ of subpæna on a witness, fifty cents; and no further compensation shall be allowed for any copy, summons, or notice for a witness. For serving a writ of possession, partition, execution, or any final process, the saine mileage as is allowed for the service of any other writ, and for making the service, seizing or levying on property, ad- vertising and disposing of the same by sale, set off, or otherwise ac- cording to law receiving and paying over the money, the same fees and poundage as are or shall be allowed for similar services to the sheriffs of the States, respectively, in which the service is rendered. For each bail-bond, fifty cents. For summoning appraisers, fifty cents each. For executing a deed prepared by a party or his attorney, one dollar. For drawing and executing a deed, five dollars. For copies of writs or papers furnished at the request of any party, ten cents a folio. For every proclamation in admiralty, thirty cents. For serving an attachment in rem or a libel in admiralty, two dol- lars. For the necessary expenses of keeping boats, vessels, or other property attached or libeled in admiralty, not exceeding two dollars and fifty cents a day. When the debt or claim in admiralty is settled by the parties with- out a sale of the property, the marshal shall be entitled to a commis- sion of one per centum on the first five hundred dollars of the claim or decree, and one-half of one per centum on the excess of any sum thereof over five hundred dollars: Provided, That, when the value of the property is less than the claim, such commission shall be al- lowed only on the appraised value thereof. For sale of vessels or other property under process in admiralty, or under the order of a court of admiralty, and for receiving and paying over the money, two and one-half per centum on any sum under five hundred dollars, and one and one-quarter per centum on the excess of any sum over five hundred dollars. For disbursing money to jurors and witnesses, and for other ex- penses, two per centum. For expenses while employed in endeavoring to arrest, under pro- cess, any person charged with or convicted of a crime, the sum actually expended, not to exceed two dollars a day, in addition to his compensation for service and travel. For every commitment or discharge of a prisoner, fifty cents. For transporting criminals, ten cents a mile for himself and for each prisoner and necessary guard; except in the case provided for in the next paragraph. For transporting criminals convicted of a crime in any district or Territory where there is no penitentiary available for the confine- 638 (Sec. 829 Tit. 13—THE JUDICIARY —Ch. 16. ment of convicts of the United States, to a prison in another district or Territory designated by the Attorney-General, the reasonable actual expense of transportation of the criminals, the marshal, and the guards, and the necessary subsistence and hire. For attending the circuit and district courts, when both are in ses- sion, or either of them when only one is in session, and for bringing in and committing prisoners and witnesses during the term, five dol- lars a day. For attending examinations before a commissioner, and bringing in, guarding, and returning prisoners charged with crime, and wit- nesses, two dollars a day; and for each deputy not exceeding two, necessarily attending, two dollars a day. For traveling from his residence to the place of holding court, to attend a term thereof, ten cents a mile for going only. For travel, in going only, to serve any process, warrant, attachment, or other writ, including writs of subpæna in civil or criminal cases, six cents a mile, to be computed from the place where the process is returned to the place of service, or, when more than one person is served therewith, to the place of service which is most remote, adding thereto the extra travel which is necessary to serve it on the others. But when more than two writs of any kind required to be served in behalf of the same party on the same person might be served at the same time, the marshal shall be entitled to compensa- tion for travel on only two of such writs; and to save unnecessary expense, it shall be the duty of the clerk to insert the names of as many witnesses in a cause in such subpæna as convenience in serving the same will permit. In all cases where mileage is allowed to the marshal he may elect to receive the same or his actual traveling expenses, to be proved on his oath, to the satisfaction of the court. Act Feb. 26, 1853, c. 80, 81, 10 Stat. 164. Act May 12, 1864, c. 85, § 1, 13 Stat. 74. The application of Rev. St. $8 829, 830, and all other provisions set forth or referred to under these sections, to the compensation of mar- shals, is superseded by the provisions for payment to them of salaries and other compensation contained in Act May 28, 1896, c. 252, $$ 6, 9-18, ante, following Rev. St. $ 793; but by section 6 of that act all fees and emoluments authorized by law to be paid to marshals are to be charged and collected and paid to the clerk of the court having jurisdiction and by him covered into the Treasury of the United States. By section 11 of that act, also, the marshal's field deputies thereby authorized to be appointed are to receive as compensation, each, three- fourths of the gross fees, including mileage, earned by him, not exceed- ing $1,500 a year. Special provisions relating to the compensation of the marshals for the districts of Oregon and Nevada are contained in Rev. St. $ 837. Compensation of marshals for services in the circuit courts of appeals is provided for by Act March 3, 1891, c. 517, § 9, ante, under chap- ter 8 A of this title. The provisions of this section for fees for services in drawing and summoning jurors according to the practice under the laws of the states may be regarded as superseded to some extent by the change in the method of drawing jurors made by Act June 30, 1879, c. 52, $ 2, ante, under Rev. St. $ 800. In addition to the provisions of this section for compensation for transporting criminals, compensation, out of the judiciary fund, to the Secs. 829–830) 639 Tit. 13—THE JUDICIARY —Ch. 16. marshal of the district for transportation of prisoners to the United States prisons established by Act March 3, 1891, c. 529, was provided fer by section 5 of that act, post, under Rev. St. $ 5550. But all provi- sicus for compensation for such transportation may be regarded as super- seded by the comprehensive provisions of Act May 28, 1896, c. 52, $ 12, ante, following Rev. St. $ 793, that marshals shall be allowed "the actual necessary expenses in transporting prisoners, including necessary guard hire." Other expenses, etc., to be paid to marshals by the United States are prescribed by Rev. St. 8 830. Provisions relating to per diem or other allowances to district attor- neys, clerks, and marshals for attendance at court are contained in Rev. St. $ 831; and other provisions applicable to such allowances and to mileage or travel expenses of district attorneys, clerks, and mar- shals, and their accounts therefor, are set forth or referred to under Rev. St. § 846. Mileage of marshals and deputy marshals is restricted by a provi- sion of Act Aug. 18, 1894, c. 301, § 1, set forth below. Marshals and their deputies are entitled to the same fees for services rendered under the provisions of Rev. St. $8 1977-1991, as are allowed to them for like services in other cases by Rev. St. § 1986. Allowances for expenses and commissions to marshals in prize causes are provided for by Rev. St. § 4645. Returns of fees are required, and their contents are prescribed, and the rendering and settlement of accounts of marshals are regulated, by Rev. St. $$ 833, 834, 844-846, and subsequent provisions set forth or referred to under those sections. Compensation of deputy marshals is provided for by Act May 28, 1896, c. 252, 88 10–13, ante, following Rev. St. 8 793. ACT AUG. 18, 1894, c. 301, $ 1. Mileage for execution or return of writs. That hereafter no marshal or deputy marshal be allowed more than one mileage for each mile actually and necessarily traveled, ir- respective of the number of writs he may execute in making such travel; nor shall any marshal or deputy marshal be allowed any ad- ditional inileage incident to the execution or return of any writ of arrest, commitment, or removal other than the ten cents a mile now allowed by law for each deputy, prisoner, and guard; and no mileage shall be allowed upon any writ not executed or when the travel was without cost to marshal or deputy. Act Aug. 18, 1894, c. 301, § 1, 28 Stat. 416. This is a provision of the sundry civil appropriation act for the year ending June 30, 1895, cited above. A similar provision, without the last clause relating to travel without cost to marshal or deputy, was contained in the appropriation act for the preceding year, Act March 3, 1893, c. 208, § 1, 27 Stat. 608. Sec. 830. What fees to be paid to marshals. There shall be paid to the marshal his fees for services rendered for the United States, for summoning jurors and witnesses in behalf of the United States, and in behalf of any prisoner to be tried for a capital offense, for the maintenance of prisoners of the United States confined in jail for any criminal offense; also, for his reasonable , actual expense for the transportation of criminals, and of the mar- 640 (Secs. 830–831 Tit. 13.—THE JUDICIARY —Ch. 16. shal and guards, to prisons designated by the Attorney-General, and for hire and subsistence in that behalf, as hereinbefore provided; also, his fees for the commitment or discharge of prisoners; his expenses necessarily incurred for fuel, lights, and other contingencies that may accrue in holding the courts within this district, and pro- viding the books necessary to record the proceedings thereof: Pro- vided, That he shall not incur, or be allowed, an expense of more than twenty dollars in any one year for furniture, or fifty dollars for rent of a building and making improvements thereon without first submitting a statement and estimates to the Attorney-General and - getting his instructions in the premises. Act Feb. 26, 1853, c. 80, § 2, 10 Stat. 165. Act May 12, 1864, C. 85, 88 1, 3, 13 Stat. 74, 75. Act June 22, 1870, c. 150, § 15, 16 Stat. 164. The provisions of this section for payment by the United States to marshals of fees, and to some extent, also, for payment of their ex- penses, may be regarded as superseded by the provisions of Act May 28, 1896, c. 252, $$ 6, 9, relating to their fees, and to salaries instead of fees, etc., and of sections 10-13 of that act, relating to compensation for their deputies and their expenses. Ante, following Rev. St. § 793. Payment of fees of marshals, in cases where the United States is a party, is provided for by Rev. St. 8 856; and recovery of other fees and compensation, by Rev. St. $ 857. Sec. 831. Attendance on rule-days, and when circuit and district courts sit at same time. No per diem or other allowance shall be made to any district at- torney, clerk of a circuit court, clerk of a district court, marshal or deputy marshal, for attendance at rule-days of a circuit or district court; and when the circuit and district courts sit at the same time no greater per diem or other allowance shall be made to any such officer than for an attendance on one court. Act Feb. 26, 1853, c. 80, § 3, 10 Stat. 167. Provisions for per diem and other allowances to district attorneys are contained in Rev. St. $ 24; to clerks, in Rev. St. § 828; to marshals and deputy marshals, in Rev. St. $ 829, and in Act May 28, 1896, c. 252, $$ 11, 12, ante, following Rev. St. $ 793. * ACT MARCH 3, 1887, c. 362. Fees on warrants for arrest of persons under recognizance; per diem compensation for attendance at court. Hereafter no part of the appropriations made for the payment of fees for United States marshals or clerks shall be used to pay the fees of United States marshals or clerks upon any writ or bench warrant for the arrest of any person or persons who may be in- dicted by any United States grand jury, or against whom an in- formation may be filed, where such person or persons is or are under a recognizance taken by or before any United States commissioner, or other officer authorized by law to take such recognizance, requir- ing the appearance of such person or persons before the court in which such indictment is found or information is filed, and when Secs. 831-832) 641 Tit. 13— THE JUDICIARY —Ch. 16. such recognizance has not been forfeited or said defendant is not in default, unless the court in which such indictment of information is pending orders a warrant to issue; nor shall any part of any money appropriated be used in payment of a per diem compensation to any attorney, clerk, or marshal for attendance in court except for days when the court is open by the Judge for business or business is actual- ly transacted in court, and when they attend under sections five hundred and eighty-three, five hundred and eighty-four, six hundred and seventy-one, six hundred and seventy two, and two thousand and thirteen of the Revised Statutes, which fact shall be certified in the approval of their accounts. Act March 3, 1887, c. 362, 24 Stat. 541. This is a provision of the sundry civil appropriation act for the year ending June 30, 1888, cited above. Rev. St. 98 583, 584, 671, 672, referred to in this provision, relate to the adjournment of the courts by the marshal or the clerk in the absence of the judge. ACT MARCH 3, 1893, c. 208. Fees on warrants in prosecutions under internal revenue laws. And hereafter no part of any money appropriated to pay any fees to the United States Commissioners, marshals, or clerks shall be used for any warrant issued or arrest made, or other fees in prosecu- tions under the internal revenue laws, unless said fees have been taxed against and collected from the defendant, or unless the prosecu- tion has been commenced upon a sworn complaint setting forth the facts constituting the offense and alleging them to be within the personal knowledge of the affiant, or upon a sworn complaint by a United States district attorney, collector, or deputy collector of in- ternal revenue or revenue agent, setting forth the facts upon in- formation and belief, and approved either before or after such arrest by a circuit or district judge or the attorney of the United States in the district where the offense is alleged to have been committed or the indictment is found. Act March 3, 1893, c. 208, 27 Stat. 609. Act Aug. 18, 1894, c. 301, 28 Stat. 416. This is a provision of the sundry civil appropriation act for the fiscal year ending June 30, 1894, repeated in the similar act for the following year. Similar provisions had appeared in previous appropriations, from 1887, annually, but without the word "hereafter.” The insertion of that word in these two acts may be regarded as indicating an intention to make the provisions permanent. In both these acts, a provision follows, making it the duty of the officer who may arrest a person charged with any crime or offense to take him before the nearest commissioner or judicial officer having jurisdiction, no mileage to be allowed any officer violating the provision. Post, under Rev. St. § 1014. Sec. 832. Marshal of the Supreme Court of the United States. The marshal of the Supreme Court of the United States shall be entitled to receive for the service of any warrant, attachment, sum- mons, capias, or other writ, except execution, venire, or a summons, LAWS’01-41 642 (Sec. 833 Tit. 13-- THE JUDICIARY —Ch. 16. or subpoena for a witness, one dollar for each person on whom such service may be made. His fees for all other services shall be the same as are herein allowed to other marshals; but he shall pay into the Treasury of the United States all fees received by him, and render a true account thereof at the close of each term to the Attorney- General. Act June 27, 1864, c. 163, SS 1, 4, 13 Stat. 195, 196. Act March 2, 1867, c. 156, § 2, 14 Stat. 433. Act June 22, 1870, c. 150, § 15, 16 Stat. 164. Sec. 833. Semi-annual returns of fees by district attorneys, marshals, and clerks. Every district attorney, clerk of a district court, clerk of a circuit court, and marshal, shall, on the first days of January and July, in eaclı year, or within thirty days thereafter, make to the Attorney- General, in such form as he may prescribe, a written return for the half year ending on said days, respectively, of all the fees and emol- uments of his office, of every name and character, and of all the nec- essary expenses of his office, including necessary clerk-hire, together with the vouchers for the payment of the same for such last half year. He shall state separately in such returns the fees and emolu- ments received or payable under the bankrupt act; and every marshal shall state separately therein the fees and emoluments received or payable for services rendered by himself personally, those received or payable for services rendered by each of his deputies, naming him, and the proportion of such fees and emoluments which, by the terms of his service, each deputy is to receive. Said returns shall be verified by the oath of the officer making them. Act Feb. 26, 1853, c. 80, $ 3, 10 Stat. 165. Act June 22, 1870, c. 50, $ 15, 16 Stat. 164. See note under Rev. St. 8 834. Similar provisions relating to the clerk of the Supreme Court, for an- nual returns of fees and emoluments collected by him, and for the ren- dering and settlement of his accounts, are contained in Act March 15, 1898, c. 63, § 8, post, following Rev. St. $ 846. Similar provisions relating to the clerks of the circuit courts of ap- peals, for annual returns of fees and emoluments of their offices, and the rendering and settlement of their accounts, are contained in Act July 31, 1894, c. 174, § 1, Act March 2, 1895, c. 177, § 1, and Act June 6, 1900, c. 791, § 1, post, following Rev. St. $ 846. Fees received by clerks for naturalization are required to be paid over by Act March 15, 1898, c. 68, § 8, post, following Rev. St. $ 846. Fees of clerks of any court, not actually earned and due at the time the account or return is required to be made, are not to be included or al- lowed therein, by a provision of Act March 2, 1895, c. 189, § 1, set forth the below. ACT MARCH 2, 1895, c. 189. Fees not earned or due not to be returned or allowed. * * And it shall be unlawful for any clerk of any court of the United States to include in his emolument, account, or return any fee or fees not actually earned and due at the time such account or return Secs. 833–835) 643 Tit. 13-— THE JUDICIARY —Ch. 16. is required by law to be made, and no fees not actually earned shall be allowed in any such account. Act March 2, 1893, c. 189, 28 Stat. 956. This is a provision of the sundry civil appropriation act for the fiscal year ending June 30, 1896, cited above. Sec. 834. What to be included in the semi-annual returns of district attorneys and marshals. The preceding section shall not apply to the fees and compensa- tion allowed to district attorneys by sections eight hundred and twen- ty-five and eight hundred and twenty-seven. All other fees, charges, and emoluments to which a district attorney or a marshal may be entitled, by reason of the discharge of the duties of his office, as now or hereafter prescribed by law, or in any case in which the United States will be bound by the judgment rendered therein, whether pre- scribed by statute or allowed by a court, or any judge thereof, shall be included in the semi-annual return required of said officers by the preceding section. Act March 3, 1863, c. 76, $$ 11, 12, 12 Stat. 741. Act June 27, 1864, c. 163, § 2, 13 Stat. 196. The provisions of Rev. St. $$ 833, 834, are superseded, as to the dis- trict attorneys other than those for the southern district of New York and the District of Columbia, and as to the marshals, by the provisions of Act May 28, 1896, c. 252, § 6, ante, following Rev. St. $ 793, for payment of fees, etc., of these officers to the clerk of the court having jurisdiction, to be by him covered into the Treasury. Rev. St. 88 825, 827, mentioned in section 834, provide for payment to district attorneys of a per centum in cases arising under revenue laws, and compensation for defending revenue officers, etc. The payment of surplus fees into the Treasury at the time of making the returns provided for by these sections is required by Rev. St. $ 844; and the rendering and settlement of accounts of district attorneys, clerks, and marshals, are regulated by Rev. St. 88 845, 816, and subsequent pro- visions set forth or referred to under those sections. Other reports and returns of district attorneys are required by Rer. St. $8 772-775; of marshals, by Rev. St. $$ 791, 792; of clerks, by Rev. St. $8 797, 798. Failure of a clerk to make any report, etc., required by law, is made cause for his removal from office and punishable as a misdemeanor by Act Feb. 22, 1875, c. 95, $$ 5, 6, ante, following Rev. St. $ 798. Similar provisions for returns by the clerk of the Supreme Court of fees and costs and emoluments collected by him, and for the rendering and set- tlement of his accounts, are contained in Act March 15, 1898, c. 68, § 8, post, following Rev. St. $ 846. Allowances to district attorneys for expenses and services in prosecu- tions for fines and penalties under revenue laws are provided for by Rev. St. $ 3085. Accounts of clerks and of district attorneys and prize commissioners, of allowances for compensation in prize causes, are required by Rev. St. $$ 4644, 4647. Sec. 835. [Superseded. Act May 28, 1896, C. 252, $$ 6, 7.] , This section limited the amount of the fees and emoluments of the of- fice of district attorney required to be included in his semi-annual re- 644 (Secs. 836–838 Tit. 13- THE JUDICIARY —Ch. 16. turn, which he might retain for his personal compensation, over and above necessary expenses of his office, including necessary clerk hire, to $6,000 a year. It is superseded by the provisions for disposition of such fees and emoluments, and for payment of salaries and other compensation to district attorneys, contained in Act May 28, 1896, c. 252, $$ 6, 7, ante, following Rev. St. $ 793. Sec. 836. Sum to be paid to district attorney of southern district of New York for office expenses. There shall be paid to the district attorney for the southern dis- trict of New York, in addition to his salary, at the rate of six thou- sand dollars a year, such sum as shall be necessary, together with the costs and fees allowed him by law, to pay such amount as may be fixed by the Attorney-General for the proper expenses of his office. But nothing in this or the preceding section shall forbid the allow- ance of additional compensation for services in prize causes, as pro- vided in Title “Prize. Act Aug. 6, 1861, c. 55, § 1, 12 Stat. 317. Act June 22, 1870, c. 150, $ 15, 16 Stat. 164. Act June 30, 1864, c. 174, $ 19, 13 Stat. 312. Provisions for allowance of additional compensation to district attor- neys in prize causes are contained in Rev. St. 88 4646, 4647. Sec. 837. District attorney and marshal in Oregon and Nevada. The district attorneys and marshals for the districts of Oregon and Nevada shall be entitled to receive, for the like services, double the fees hereinbefore provided; but neither of them shall be allowed to retain of such fees any sum exceeding the aggregate compensa- tion of such officer as hereinbefore provided. Act Feb. 27, 1865, c. 64, $ 6, 13 Stat. 440. The application of this section to the compensation of the district at- torneys named is superseded by the provisions for payment to them of salaries and other compensation, contained in Act May 28, 1896, c. 252. $$ 6-8, 14-18, ante, following Rev. St. $ 793. Sec. 838. [As amended 1877.] Prosecution of frauds on the revenue. It shall be the duty of every district attorney to whom any col- lector of customs, or of internal revenue, shall report, according to law, any case in which any fine, penalty, or forfeiture has been in- curred in the district of such attorney for the violation of any law of the United States relating to the revenue, to cause the proper pro- ceedings to be commenced and prosecuted without delay, for the fines, penalties, and forfeitures in such case provided, unless, upon inquiry and examination, he shall decide that such proceedings can- not probably be sustained, or that the ends of public justice do not require that such proceedings should be instituted; in which case he shall report the facts in customs cases to the Secretary of the Treasury, and in internal-revenue cases to the Commissioner of In- ternal Revenue for their direction. And for the expenses incurred Secs. 838–840) Tit. 13— THE JUDICIARY —Ch. 16. 645 and services rendered in all such cases, the district attorney shall receive and be paid from the Treasury such sum as the Secretary of the Treasury shall deem just and reasonable, upon the certificate of the judge before whom such cases are tried or disposed of: Pro- vided, That the annual compensation of such district attorney shall not exceed the maximum amount prescribed by law, by reason of such allowance and payment. Act March 3, 1873, c. 244, 17 Stat. 581. Act Feb. 27, 1877, c. 69, 19 Stat. 241. The amendment of this section by Act Feb. 27, 1877, c. 69, cited above, consists in the insertion of the word "the" after the words "It shall be at the beginning of the section. The application of the section to the compensation of district attorneys is superseded by the provisions for payment to them of fees and other compensation, contained in Act May 28, 1896, c. 252, 88 6-8, 14-18, ante, following Rev. St. 8 793. Sec. 839. Compensation retained by a clerk. No clerk of a district court, or clerk of a circuit court, shall be allowed by the Attorney-General, except as provided in the next section, and in section eight hundred and forty-two to retain of the fees and emoluments of his office, or, in case both of the said clerk- ships are held by the same person, of the fees and emoluments of the said offices, respectively, for his personal compensation, over and above his necessary office expenses, including necessary clerk-hire, to be audited and allowed by the proper accounting officers of the Treasury, a sum exceeding three thousand five hundred dollars a year for any such district clerk or for any such circuit clerk, or ex- ceeding that rate for any time less than a year. Act Feb. 26, 1853, c. 80, $ 3, 10 Stat. 166. Act June 22, 1870, c. 150, § 15, 16 Stat. 164. Similar provisions relating to the clerk of the Supreme Court, limiting his personal compensation to $6,000 a year, are contained in Act March 3, 1883, c. 143, § 1, post, following Rev. St. $ 846. Provisions that clerks of circuit courts of appeals may retain from costs collected by them, for their compensation as provided by Act March 3, 1891, c. 517, § 9, ante, under chapter 8 A of this Title, not exceeding $500 a year, their salaries under section 2 of that act being $3,000 a year, are contained in Act July 31, 1894, c. 174, § 1, Act March 2, 1895, c. 177, § 1, and Act June 6, 1900, c. 791, § 1, post, following Rev. St. $ 846. Fees received by clerks for naturalization are required to be paid over, by Act March 15, 1898, c. 68, § 8, post, following Rev. St. 846. Sec. 840. Clerks in California, Oregon, and Nevada. The clerks of the several circuit and district courts in California, Oregon, and Nevada shall be entitled to charge and receive double the fees hereinbefore allowed to clerks, and shall be allowed, re- spectively, by the Attorney-General, to retain of the fees so received by them, for their personal compensation, over and above the neces- sary expenses of their offices, including the salaries of deputy clerks, 646 (Secs. 841-843 Tit. 13-THE JUDICIARY - - Ch. 16. and necessary clerk-hire, to be audited by the proper accounting of- ficers of the Treasury Department, any sum not exceeding seven thou- sand dollars a year, nor exceeding that rate for any time less than a year: Provided, That whenever, in either of the said districts, the same person holds the office of clerk of both the circuit and dis- trict courts, he shall be allowed by the Attorney-General to retain for his personal compensation, as aforesaid, only such sum as is herein allowed to be retained by a person holding the office of clerk of only one of the said courts. Act Feb. 26, 1853, c. 80, § 1, 10 Stat. 163. Act Feb. 19, 1864, c. 11, $ 6, 13 Stat. 5. Act Feb. 27, 1865, c. 64, § 7, 13 Stat. 440. Act June 22, 1870, c. 150, $ 15, 16 Stat. 164. Act June 8, 1872, c. 336, 17 Stat. 330. Sec. 841. [Superseded. Act May 28, 1896, c. 252, $$ 6, 9-12.] This section limited the amount of the fees and emoluments of a mar- shal required to be included in his semi-annual return, which he might retain for his personal compensation, over and above necessary expenses of his office, including necessary clerk hire, and a proper allowance to his deputies, to $6,000 a year; and the allowance to any deputy, to three- fourths of the fees and emoluments received or payable for the services rendered by him, subject to reduction by the Attorney General when the returns should show such rate to be unreasonable. It is superseded by the provisions for disposition of such fees and emoluments, and for pay- ment of salaries and other compensation to marshals and their office dep- uties, etc., and of allowances to their field deputies, contained in Act May 28, 1896, c. 252, $$ 6, 9-12, ante, following Rev. St. $ 793. Sec. 842. Additional compensation in prize causes. Clerks and marshals may be allowed to retain, for all official serv- ices in prize causes, an additional compensation not exceeding in amount one-half of the maximum compensation allowed to them, re- spectively, by the three preceding sections. Act June 30, 1864, c. 174, § 19, 13 Stat. 312. The application of this section to additional compensation to marshals is superseded by the provisions of Act May 28, 1896, c. 252, $$ 6, 9–13, ante, following Rev. St. $ 793, for payment to them of salaries and oth- er compensation. Sec. 843. Allowances for each year made from the fees thereof. The allowances for personal compensation of district attorneys, clerks, and marshals, for each calendar year, shall be made from the fees and emoluments of that year, and not otherwise. Act Feb. 26, 1853, c. SO, $ 3, 10 Stat. 166. The application of this section to the compensation of district attor- neys, other than those for the southern district of New York and the District of Columbia, and of marshals, may be doubtful, in view of the provisions of Act May 28, 1896, c. 252, $$ 6-8, 14-18, ante, following Rev. St. $ 793. Section 11 of that act contains a similar provision relat- ing to compensation of field deputy marshals. Secs. 844-846) 647 Tit. 13—THE JUDICIARY-Ch. 16. Sec. 844. Payment of surplus fees into the Treasury. Every district attorney, clerk, and marshal shall, at the time of making his half-yearly return to the Attorney-General, pay into the Treasury, or deposit to the credit of the Treasurer, as he may be directed by the Attorney-General, any surplus of the fees and emol- uments of his office, which said return shows to exist over and above the compensation and allowances authorized by law to be retained by him. Act Feb. 26, 1853, c. 80, $ 3, 10 Stat. 166. Act June 22, 1870, c. 150, $ 15, 16 Stat. 164. The application of this section to the district attorneys, other than those for the southern district of New York and the District of Colum- bia, and to the marshals, is superseded by the provisions for payment by them of fees, etc., to the clerk of the court having jurisdiction, contained in Act May 28, 1896, c. 252, § 6, ante, following Rev. St. $ 793. Provisions for payment of surplus fees into the Treasury by the clerk of the Supreme Court are contained in Act March 15, 1898, c. 68, § 8; and by the clerks of the circuit courts of appeals, in Act June 6, 1900, c. 791, § 1. Post, following Rev. St. $ 846. Sec. 845. Auditing of accounts of district attorneys, etc., in Department of Jus- tice. In every case where the return of a district attorney, clerk, or marshal shows that a surplus may exist, the Attorney-General shall cause such returns to be carefully examined, and the accounts of dis- bursements to be regularly audited by the proper officer of his De- partment, and an account to be opened with such officer in proper books to be provided for that purpose. Act Feb. 26, 1853, c. 80, $ 3, 10 Stat. 165, 166. Act June 22, 1870, c. 150, § 15, 16 Stat. 164. Sec. 846. Accounts of district attorneys, etc., to be certified to by district judge. The accounts of district attorneys, clerks, marshals, and commis- sioners of circuit courts shall be examined and certified by the dis- trict judge of the district for which they are appointed, before they are presented to the accounting officers of the Treasury Department for settlement. They shall then be subject to revision upon their merits by said accounting officers, as in case of other public accounts: Provided, That no accounts of fees or costs paid to any witness or juror, upon the order of any judge or commissioner, shall be so re- examined as to charge any marshal for an erroneous taxation of such fees or costs. That where the ministerial officers of the United States have or shall incur extraordinary expense in executing the laws there- of, the payment of which is not specifically provided for, the Presi- dent of the United States is authorized to allow the payment thereof under the special taxation of the district or circuit court of the dis- trict in which the said services have been or shall be rendered, to 648 (Sec. 846 Tit. 13— THE JUDICIARY-Ch. 16. be paid from the appropriation for defraying the expenses of the judiciary. Act Aug. 16, 1856, c. 124, SS 1, 2, 11 Stat. 49. Act Feb. 18, 1875, c. 80, 18 Stat. 318. The amendment of this section by Act Feb. 18, 1875, C. 80, cited above, consists in the addition of the concluding provision of the section as set forth here, for payment of extraordinary expenses, beginning with the words, “That where the ministerial officers of the United States." The provisions of the first clause of the section, for the examination and certification of accounts by district judges, may be regarded as super- seded by the more comprehensive provisions on the same subject of Act Feb. 22, 1875, c. 95, § 1, set forth below. The examination of such accounts by the Attorney-General is provided for by Act July 31, 1894, c. 174, $ 13; and the settlement thereof by the accounting officers of the Treasury is regulated by other provisions of the same act. Ante, following Rev. St. $ 277. Similar provisions relating to the clerk of the Supreme Court are con- tained in Act March 15, 1898, c. 68, § 8, and to the accounts of the clerks of the circuit courts of appeals, in Act July 31, 1894, c. 174, § 1, Act March 2, 1895, c. 177, § 1, and Act June 6, 1900, c. 791, § 1, set forth below. The sundry civil appropriation acts, from 1884, annually, have made appropriations, under the heading "Prosecution of Crimes,” for investiga- tion of official acts, records, and accounts of officers of the courts, sub- stantially to the same effect. The provision of the act for the year end- ing June 30, 1902, Act March 3, 1901, c. 853, § 1, 31 Stat. 1180, is as follows: "Prosecution of crimes: For the detection and prosecution of crimes against the United States, preliminary to indictment; the investigation of official acts, records, and accounts of marshals, attorneys, clerks of the United States courts, and United States commissioners, for which purpose all the records and dockets of said officers, without exception, shall be examined by the agents of the Attorney-General at any time; the inspection of United States prisoners and prisons; to be expended under the direction of the Attorney-General, and to include salaries of all necessary agents in Washington, District of Columbia, forty-five thou- sand dollars." ACT FEB. 22, 1875, c. 95, $$ 1-8. An Act regulating Fees and Costs and for other Purposes. (18 Stat. 333.) Accounts of district attorneys, clerks, marshals, and commissioners; proof, and approval by court. Be it enacted, &c., That before any bill of costs shall be taxed by any judge or other officer, or any account payable out of the money of the United States shall be allowed by any officer of the Treasury, in favor of clerks, marshals, or district attorneys, the party claiming such account shall render the same, with the vouchers and items thereof, to a United States circuit or district court, and, in the pres- ence of the district attorney or his sworn assistant, whose presence shall be noted on the record, prove in open court, to the satisfaction of the court, by his own oath or that of other persons having knowl- edge of the facts, to be attached to such account, that the services therein charged have been actually and necessarily performed as therein stated; and that the disbursements charged have been fully paid in lawful money; and the court shall thereupon cause to be en- tered of record an order approving or disapproving the account, as Sec. 846) Tit. 13--THE JUDICIARY —Ch. 16. 649 may be according to law, and just. United States commissioners shall forward their accounts, duly verified by oath, to the district attorneys of their respective districts, by whom they shall be sub- mitted for approval in open court, and the court shall pass upon the same in the manner aforesaid. Accounts and vouchers of clerks, marshals, and district attorneys shall be made in duplicate, to be marked respectively "original” and “duplicate.” And it shall be the duty of the clerk to forward the original accounts and vouchers of the officers above specified, when approved, to the proper account- ing officers of the Treasury, and to retain in his office the duplicates, where they shall be open to public inspection at all times. Nothing contained in this act shall be deemed in any wise to diminish or af- fect the right of revision of the accounts to which this act applies by the accounting officers of the Treasury, as exercised under the laws now in force. Act Feb. 22, 1875, c. 95, § 1, 18 Stat. 333. The provision of this section that the accounts and vouchers be for- warded to the accounting officers of the Treasury is superseded by sub- sequent provisions that, before transmission to the Treasury Depart- ment, such accounts, with the vouchers, shall be sent to the Attorney General, and examined under his supervision, contained in Act July 31, 1894, c. 174, $ 13, ante, following Rev. St. $ 277. And “the laws now in force," referred to in the last clause of this section as regulating the re- vision of accounts by the accounting officers of the Treasury, are also superseded to a great extent by other provisions of the same act, also set forth ante, following Rev. St. $ 277. Secs. 2, 3. [Relate to bonds of clerks and marshals.] Section 2 of this act, providing for requiring a clerk or marshal to furnish greater security than the official bond previously required, when- ever the business of the courts in any district shall make it necessary, is set forth ante, under Rev. St. $ 796. Section 3 of this act, relating to the bonds of the clerks of the Su- preme Court and the circuit and district courts, is set forth ante, under Rev. St. $ 795. Mandamus to compel making of returns, etc. Sec. 4. That the circuit courts of the United States, for the pur- poses of this act, shall have power to award the writ of mandamus, according to the course of the common law, upon motion of the Attorney-General or the district attorney of the United States, to any officer thereof, to compel him to make the returns and perform the duties in this act required. Act Feb. 22, 1875, c. 95, $ 4, 18 Stat. 333. Secs. 5,6. [Relate to failure of clerks to make reports, etc.) Section 5 of this act, providing for the removal of any clerk of a dis- trict or circuit court willfully refusing or neglecting to make any re- port, etc., required by law, and section 6 thereof, making such refusal or neglect punishable as a misdemeanor, are set forth ante, following Rev. St. § 798. Mileage or travel expenses of district attorneys, clerks, and marshals. Sec. 7. That the proviso in the sixth paragraph of the act entitled "An act niaking appropriations for the support of the army for the fiscal year ending June thirtieth, eighteen hundred and seventy-five, 650 (Sec. 846 Tit. 13— THE JUDICIARY —Ch- . 16. and for other purposes," approved June sixteenth, eighteen hundred and seventy-four, shall not be construed to apply or to have applied to attorneys, marshals, or clerks of courts of the United States, their assistants or deputies. And all accounts of said attorneys, mar- shals, and clerks, for mileage and for expenses incurred subsequent to the first day of July, eighteen hundred and seventy-four, and prior to the first day of January, eighteen hundred and seventy-five, shall and may be audited, allowed, and paid at the Treasury Department of the United States in the same manner as if said act had not been passed. And from and after the first day of January, eighteen hun- dred and seventy-five, no such officer or person shall become entitled to any allowance for mileage or travel not actually and necessarily performed under the provisions of existing law. Act Feb. 22, 1875, c. 95, § 7, 18 Stat. 334. The proviso of Act June 16, 1874, c. 285, § 1, par. 6, 18 Stat. 72, refer- red to in this section, was annexed to an appropriation for pay of the army, and for allowances to oficers of the army for transportation, etc. It read as follows: "Provided that only actual traveling expenses shall be allowed to any person holding employment or appointment under the United States, and all allowances for mileages and transportation in excess of the amount actually paid are hereby declared illegal; and no credit shall be allowed to any of the disbursing officers of the United States for payment or allowances in violation of this provision.” This proviso is re-enacted, and is made permanent by the insertion of the word “hereafter," in the similar appropriation for the following year, Act March 3, 1875, c. 133, § 1, post, following Rev. St. § 1765; but as so re-enacted, marshals, district attorneys, and clerks of the courts of the United States and their deputies are excepted from the proviso; and this section makes a similar exception to the proviso originally enacted. Repeal. Sec. 8. That all acts inconsistent with the provisions of this act are hereby repealed. Act Feb. 22, 1875, c. 93, § 8, 18 Stat. 334. ACT MARCH 3, 1883, c. 143, § 1. Compensation of clerk of Supreme Court; tables of fees. * * That the Clerk of the Supreme Court of the United States shall not hereafter retain of the fees and emoluments of his office for his personal compensation over and above his necessary clerk- hire and the incidental expenses of his office, certified to by the court, or by one of its justices appointed by it for that purpose, and to be audited and allowed by the proper accounting officers of the Treasury, a sum exceeding six thousand dollars a year, or exceeding that rate for any time less than a year; and the surplus of such fees and emoluments shall be paid into the Treasury as provided by law in cases of clerks of the circuit and district courts of the United States: And provided further, That so much of section three of the act of February twenty-eight, seventeen hundred and ninety-nine, as relates to the compensation of said clerk for his attendance in court is hereby repealed: And provided further, That the Supreme Court is hereby authorized and empowered to prepare the tables of fees to be charged by the clerk thereof, and until the same is thus pre- Sec. 846) - Tit. 13-THE JUDICIARY —Ch651 . 16. pared the fees therein charged for recording or copying any paper or record shall not exceed fourteen cents per folio. Act March 3, 1883, c. 143, § 1, 22 Stat. 631. These provisos of the sundry civil appropriation act for the year ending June 30, 1884, are annexed to an appropriation in that act for fees of clerks. The proviso of Act Feb. 28, 1799, c. 19, § 3, 1 Stat. 625, referred to and repealed or superseded by one of these provisos, fixed the compen- sation of the clerk of the Supreme Court as follows: "For his at- tendance in court, $10 per day, and for his other services, double the fees of the clerk of the supreme court of the state in which the Supreme Court of the United States shall be holden." Annual returns by the clerk of the Supreme Court to the Secretary of the Treasury, of all costs collected by him, and payment into the Treas- ury of any surplus remaining after deducting his compensation and the incidental expenses of his office, including clerk hire, were required by a proviso of Act July 7, 1884, c. 332, § 1, 23 Stat. 224; but this is super- seded by provisions of the same nature, but requiring such returns to be made to the Attorney General, contained in Act March 15, 1898, c. 68, $ 8, set forth below. ACT MARCH 15, 1898, c. 68, § 8. Annual returns of fees by clerk of Supreme Court; naturalization fees of clerks. That the Clerk of the Supreme Court of the United States, on the first day of January in each year, or within thirty days there- after, shall, on a form prescribed by the Attorney-General, make to the Attorney-General a return, under oath, of all fees and costs col- lected by him in cases disposed of at the preceding term or terms of the court, and of all emoluments hereafter collected by him, and after deducting from such collections his compensation as provided in par- agraph nine of the Act of March third, eighteen hundred and eighty- three (Twenty-second Statutes at Large, six hundred and three, six hundred and thirty-one), and the incidental expenses of his office, including clerk hire, such expenses to be certified by the Chief Justice, and audited and allowed by the proper accounting officers of the Treasury, shall at the time of making such returns pay any surplus that may remain into the Treasury of the United States: And pro- vided further, That all clerks of courts of the United States shall pay over, at the times and in the manner provided by law for other fees and emoluments, all fees received by them for naturalization, after deducting the amount of compensation they are entitled to receive. Act March 15, 1898, c. 68, § 8, 30 Stat. 317. This is a section of the legislative, executive, and judicial appropria- tion act for the year ending June 30, 1899. It supersedes a proviso of Act July 7, 1884, c. 332, § 1, 23 Stat. 224, requiring returns of costs col- lected to be made to the Secretary of the Treasury. Similar provisions relating to the clerks of the district courts and cir- cuit courts are contained in Rev. St. 88 833, 839, 844; and to clerks of the circuit courts of appeals, in a provision of Act June 6, 1900, c. 791, § 1, set forth below. ACT JUNE 6, 1900, c. 791, § 1. Annual returns of fees by clerks of circuit courts of appeals. * * That clerks of the United States circuit courts of appeals, annually and within thirty days after the thirtieth day of June in each 652 (Secs. 846-847 Tit. 13— THE JUDICIARY — Ch. 16. year, shall make a return to the Attorney-General of the United States of all the fees and emoluments of their offices respectively. Such return shall cover all fees and emoluments earned during the preceding year and also the necessary office expenses for such year including clerk hire, the compensation of the clerk not to exceed five hundred dollars per annum as now provided by law. Such expenses including clerk hire shall be certified by the senior circuit judge of the proper circuit, and audited and allowed by the proper accounting officers of the Treasury Department. The respective clerks of the circuit courts of appeals, after deducting such expenses and clerk hire, shall, at the time of making such returns, pay into the Treas- ury of the United States the balance of such fees and emoluments. In case the amounts claimed for such expenses and clerk hire have not been audited by such accounting officers prior to the time fixed for making such returns and payment, said clerks may retain the sums claimed by them respectively until the audit is made, and in case any sum so claimed and retained is not allowed the amount disallowed shall within ten days after notice of disallowance be paid into the Treasury of the United States. All laws and parts of laws so far as in conflict with this proviso are hereby repealed. Act June 6, 1900, c. 791, § 1, 31 Stat. 639. This is a proviso of the sundry civil appropriation act for the year end- ing June 30, 1901, annexed to an appropriation for fees of clerks. supersedes previous provisos annexed to similar appropriations, but re- quiring returns to be made to the Secretary of the Treasury instead of to the Attorney General, contained in Act July 31, 1894, c. 174, § 1, 28 Stat. 203, and Act March 2, 1895, c. 177, § 1, 28 Stat. 764. Similar provisions relating to the clerks of the district courts and circuit courts are contained in Rev. St. 88 833, 839, 844; and to the clerk of the Supreme Court, in Act March 15, 1898, c. 68, 8 8, set forth It above, COMMISSIONERS' FEES. Sec. 847. [Superseded. Act May 28, 1896, c. 252, $$ 19, 21.) This section related to commissioners' fees. It is superseded by Act May 28, 1896, c. 252, $ 19, ante, following Rev. St. $ 627, which abolish- ed the office of commissioner of the circuit courts, and created instead thereof the office of United States commissioner, and by section 21 of that act, set forth below, which fixed the fees of such commissioners. ACT MAY 28, 1896, c. 252, $ 21. Commissioners' fees; records. That each United States commissioner shall be entitled to the following-named fees, and none other: Drawing a complaint, with oath and jurat to same, fifty cents; copy of complaint, with cer- tificate to same, thirty cents; issuing warrant of arrest, seventy-five cents; issuing a commitment and making copy of same, one dollar ; entering a return, fifteen cents; issuing subpoena or subpænas in any one case, with five cents for each necessary witness in addition to the first, twenty-five cents; drawing a bond of defendant and sureties, taking acknowledgment of same and justification of sureties, seventy-five cents; for administering an oath (except to witness as Sec. 847) 653 Tit. 13— THE JUDICIARY—Ch. 16. to attendance and travel), ten cents; recognizance of all witnesses in a case, when the defendant or defendants are held for court, fifty cents; transcripts of proceedings, when required by order of court and transmission of original papers to court, sixty cents; copy of warrant of arrest, with certificate to same, when defendant is held for court, and the original papers are not sent to court, forty cents; order in duplicate to pay all witnesses in a case: For first witness, thirty cents, and for each additional witness, five cents, and for oath to each witness as to attendance and travel, five cents; for hearing and deciding on criminal charges and reducing the testimony to writing when required by law or order of court, five dollars a day for the time necessarily employed: Provided, That not more than one per diem shall be allowed in a case, unless the account shall show that the hearing could not be completed in one day, when one additional per diem may be specially approved and allowed by the court: Pro- vided further, That not more than one per diem shall be allowed for any one day: Provided further, That no per diem shall be al- lowed for taking a bond or recognizance and passing on the suffi- ciency of the bond or recognizance and the sureties thereon when the bond or recognizance was taken after the defendant had been committed to prison upon a final commitment, or has given bond or been recognized for his appearance at court, or when the de- fendant has been arrested on a capias or bench warrant, or was in custody under any process or order of a court of record. For the examination and certificate in cases of application for discharge of poor convicts imprisoned for nonpayment of fine or fine and costs, and all services connected therewith, three dollars; for attending to a reference in a litigated matter, in a civil cause at law, in equity, or in admiralty, in pursuance of an order of the court, three dollars a day; for taking and certifying depositions to file in civil cases, ten cents for each folio; for each copy of the same furnished to a party on request, ten cents for each folio; for issuing any warrant under the tenth article of the treaty of August ninth, eighteen hundred and forty-two, between the United States and the Queen of the United Kingdom of Great Britain and Ireland, against any parties charged with any crime or offense set forth in said article, two dollars; for issuing any warrant under the provision of the convention for the surrender of criminals between the United States and the King of the French, concluded at Washington, November ninth, eighteen hundred and forty-three, two dollars; for hearing and deciding upon the case of any person charged with any crime or offense, and ar- rested under the provisions of said treaty or of said convention, five dollars a day for the time necessarily employed. Such commissioners shall keep a complete record of all proceed- ings before them in criminal cases, in a well-bound book, which record book shall be delivered to and preserved by the clerk of the district court for such district on the death, resignation, removal, or expira- tion of term of the commissioner, for which record the commission- er shall receive no compensation. Act May 28, 1896, c. 252, $ 21, 29 Stat. 184. This section supersedes the general provisions contained in Rev. St. $ a 654 (Secs. 847–848 Tit. 13— THE JUDICIARY - Ch.16. 847, fixing the fees of commissioners of the circuit courts, and in Act Aug. 4, 1886, c. 903, 24 Stat. 274, “that for issuing any warrant or writ and for any other necessary service commissioners may be paid the same compensation as is allowed to clerks for like services, but they shall not be entitled to any docket fees,” which superseded a clause of Rev. St. 8 847. Special provisions for fees in cases under Title XXIV, “Civil Rights," were contained in Rev. St. § 1986. And fees for extradition proceedings were regulated by Act Aug. 3, 1882, c. 378, § 2, 22 Stat. 215, which made applicable to such proceedings provisions contained in Rev. St. $ 847, without change, except that the "per diem allowance for hearing and deciding upon the case of any person charged with any crime or of- fense," provided by Rev. St. $ 847, in cases under the treaty with Great Britain and the convention with France specifically mentioned in all these statutes, was allowed by Act Aug. 3, 1882, in cases "under the provisions of any treaty or convention." But these special provisions, also, may be regarded as superseded by this section, in view of the words at the beginning thereof, that each commissioner "shall be entitled to the following named fees, and none other," although it fails to provide compensation for services in civil rights cases, and, as to compensation in extradition proceedings, re-en- acts the provisions of Rev. St. $ 847, not those of Act Aug. 3, 1882, c. 378, 82. Provisions for the rendering and settlement of accounts of commis- sioners are contained in Act Feb. 22, 1875, c. 95, § 1, ante, following Rev. St. § 846. Payment of fees of commissioners in cases where the United States is a party is provided for by Rev. St. § 856; and recovery of fees and compensation in other cases, by Rev. St. $ 857. WITNESSES' FEES. Sec. 848. Witnesses' fees. For each day's attendance in court, or before any officer pursuant to law, one dollar and fifty cents, and five cents a mile for going from his place of residence to the place of trial or hearing, and five cents a mile for returning. When a witness is subpoenaed in more than one cause between the same parties, at the same court, only one travel fee and one per diem compensation shall be allowed for at- tendance. Both shall be taxed in the case first disposed of, after which the per diem attendance fee alone shall be taxed in the other cases in the order in which they are disposed of. When a witness is detained in prison for want of security for his appearance, he shall be entitled, in addition to his subsistence, to a compensation of one dollar a day. Act Feb. 26, 1853, c. 80, $ 3, 10 Stat. 167. Provisions for requiring recognizances from witnesses for their appear- ance to testify are contained in Rev. St. 88 879, 881. Provisions for mileage of witnesses at a greater rate in certain states and territories are contained in Act Aug. 3, 1892, c. 361, set forth be- low. Provisions for payment of fees of witnesses in cases where the United States is a party are contained in Rev. St. § 855; and for payment of fees in prize causes, in Rev. St. $ 4651. Fees and mileage of witnesses summoned before the Interstate Com- merce Commission are provided for by Act March 2, 1889, c. 382, $ 18, post, under Title LVI A, "Regulation of Interstate and Foreign Com- merce,” c. 1. Secs. 848-851) Tit. 13—THE JUDICIARY —Ch. 16. 655 ACT AUG. 3, 1892, c. 361. . , . An Act Fixing the Fees of Jurors and Witnesses in the United States Courts in Certain States and Territories. (27 Stat. 347.) Mileage of jurors and witnesses in certain states and territories. Be it enacted, &c., That jurors and witnesses in the United States courts in the States of Wyoming, Montana, Washington, Oregon, California, Nevada, Idaho, and Colorado, and in the Territories of New Mexico, Arizona, and Utah, shall be entitled to and receive fifteen cents for each mile necessarily traveled over any stage line or by private conveyance and five cents for each mile over any railway in going to and returning from said courts: Provided, That no con- structive or double mileage fees shall be allowed by reason of any person being summoned both as witness and juror, or as witness in two or more cases pending in the same court and triable at the same term thereof. Act Aug. 3, 1892, c. 361, 27 Stat. 347. This act supersedes a previous act making similar provisions for mile- age of jurors and witnesses in the State of Colorado, Act June 16, 1880, c. 247, 21 Stat. 290. Sec. 849. No officer of court to have witness fees. No officer of the United States courts, in any State or Territory, or in the District of Columbia, shall be entitled to witness fees for attending before any court or commissioner where he is officiating. Act Aug. 16, 1856, c. 124, $ 8, 11 Stat. 50. Act July 21, 1852, c. 66, § 1, 10 Stat. 22. Sec. 850. Expenses of clerks, etc., of United States sent away as witnesses, paid. When any clerk or other officer of the United States is sent away from his place of business as a witness for the Government, his necessary expenses, stated in items and sworn to, in going, return- ing, and attendance on the court, shall be audited and paid; but no mileage or other compensation in addition to his salary, shall in any case be allowed. Act Feb. 26, 1853, c. 80, $ 3, 10 Stat. 167, 168. Sec. 851. Seamen sent home as witnesses. There shall be paid to each seaman or other person who is sent to the United States from any foreign port, station, sea, or ocean, by any United States minister, chargé d'affaires, consul, captain, or commander, to give testimony in any criminal case depending in any court of the United States, such compensation, exclusive of subsist- ence and transportation as such court may adjudge to be proper, not exceeding one dollar for each day necessarily employed in such voyage, and in arriving at the place of examination or trial. In 656 (Secs. 851-853 Tit. 13-THE JUDICIARY —Ch. 16. fixing such compensation, the court shall take into consideration the condition of said seaman or witness, and whether his voyage has been broken up, to his injury, by his being sent to the United States. When such seaman or person is transported in an armed vessel of the United States no charge for subsistence or transportation shall be allowed. When he is transported in any other vessel, the compen- sation for his transportation and subsistence, not exceeding in any case fifty cents a day, may be fixed by the court, and shall be paid to the captain of said vessel accordingly. Act Feb. 26, 1853, c. 80, $ 3, 10 Stat. 168. JURORS' FEES. . Sec. 852. Fees of grand and petit jurors. For actual attendance at any court or courts, and for the time necessarily occupied in going to and returning from the same, three dollars a day during such attendance. For the distance necessarily traveled from their residence in go- ing to and returning from said court by the shortest practicable route, five cents a mile. Act July 15, 1870, c. 298, § 1, 16 Stat. 363. The per diem compensation of jurors fixed by this section is changed to two dollars by a provision of Act June 30, 1879, c. 52, § 2, set forth be- low. Provisions for mileage of jurors at a greater rate in certain states and territories are contained in Act Aug. 3, 1892, c. 361, ante, under Rev. St. $ 848. Provisions for payment of fees of jurors in cases where the United States is a party are contained in Rev. St. $ 855. ACT JUNE 30, 1879, c. 52, $ 2. *. Per diem compensation of grand and petit jurors. That the per diem pay of each juror, grand or petit, in any court of the United States, shall be two dollars Act June 30, 1879, c. 52, $ 2, 21 Stat. 43. This is a provision of the judicial expenses appropriation act for the fiscal year ending June 30, 1880, cited above. PRINTERS' FEES. Sec. 853. Printers' fees. For publishing any notice, or order, required by law, or the law. ful order of any court, Department, Bureau, or other person, in any newspaper, except as mentioned in sections thirty-eight hundred and twenty-three, thirty-eight hundred and twenty-four, and thirty-eight hundred and twenty-five, Title, “Public Printing, Advertisements, and Public Documents," forty cents per folio for the first insertion, and twenty cents per folio for each subsequent insertion. The compensa- tion herein provided shall include the furnishing of lawful evidence, Secs. 853–856) 657 Tit. 13– THE JUDICIARY —Ch. 16. under oath, of publication, to be made and furnished by the printer or publisher making such publication. Act Feb. 26, 1853, c. 80, $ 3, 10 Stat. 168. Rev. St. 88 3823, 3824, 3825, referred to in this section, provided for the selection in certain states of newspapers, in which should be publish- ed treaties and laws of the United States and advertisements ordered for publication by any United States court or judge thereof, or by any offi- cer of said courts, or any executive officer of the United States, and also provided for fixing the rate of compensation for such publication. Their provisions are, to a great extent, superseded or rendered inoperative by subsequent statutes. See notes under those sections. Sec. 854. Meaning of folio. The term folio, in this chapter, shall mean one hundred words, counting each figure as a word. When there are over fifty and under one hundred words, they shall be counted as one folio; but a less number than fifty words shall not be counted, except when the whole statute, notice, or order contains less than fifty words. Act Feb. 26, 1853, c. 80, $ 3, 10 Stat. 168. FEES, HOW PAID AND RECOVERED, Sec. 855. Jurors and witnesses, when paid by marshal. In cases where the United States are parties, the marshal shall, on the order of the court, to be entered on its minutes, pay to the jurors and witnesses all fees to which they appear by such order to be entitled, which sum shall be allowed him at the Treasury in his accounts. Act Feb. 26, 1853, c. 80, § 3, 10 Stat. 168. Sec. 856. Fees of district attorneys, marshals, etc., how paid. The fees of district attorneys, clerks, marshals, and commissioners, in cases where the United States are liable to pay the same, shall be paid on settling their accounts at the Treasury. Act Feb. 26, 1853, c. 80, $ 3, 10 Stat. 168. Special provisions relating to payment of fees in suits on bonds of late postmasters are contained in Act Feb. 26, 1896, c. 33, set forth below. ACT FEB. 26, 1896, c. 33. Fees of district attorneys, marshals, etc., in suits on postmasters' bonds, how paid. * * That hereafter all fees for United States Attorneys, Marshals, Clerks of Courts and Special Counsel necessarily employed in pros- ecuting civil suits instituted by the Auditor for the Post Office De- partment through the Solicitor of the Treasury against the sureties on the official bonds of late post-masters, as provided for by section LAWS '01-42 658 (Secs. 856–857 Tit. 13— THE JUDICIARY —Ch. 17. two hundred and ninety-two, Revised Statutes of the United States, shall be paid from the appropriations for expenses of the United States Courts. Act Feb. 26, 1896, c. 33, 29 Stat. 25. This is a provision of the urgent deficiency appropriation act for the fiscal year ending June 30, 1896. Rev. St. § 292, referred to in this act, provides that the Auditor for the Post-Office Department shall superintend the collection of debts, etc., due that department. Sec. 857. Fees, how recovered. The fees and compensations of the officers and persons herein- before mentioned, except those which are directed to be paid out of the Treasury, shall be recovered in like manner as the fees of the officers of the States respectively for like services are recovered. Act May 8, 1792, c. 36, § 6, 1 Stat. 278. CHAPTER SEVENTEEN. Evidence. Sec. 858. No witness excluded on account of color or interest, provided, etc. Act March 16, 1878, c. 37. Defendants in criminal cases may be witnesses. 859. Testimony of witnesses before Congress not admissible against them in criminal prosecutions. 860. Pleadings, disclosures, etc., not to be used in criminal proceedings. 861. Mode of proof in common-law ac- tions. 862. Mode of proof in equity and ad- miralty causes. 563. Depositions de bene esse. Act Aug. 15, 1876, c. 304. Notaries public of States, etc., may take depositions, etc. 864. Mode of taking depositions de bene esse. 865. Transmission to the court of depo- sitions de bene esse. 866. Depositions under a dedimus po- testatem and in perpetuam, etc. Act March 9, 1892, c. 14. Taking depositions in mode prescrib- ed by State laws. Sec. 867. Depositions in perpetuam, etc., ad- missible at discretion of the court. 868. Deposition under a dedimus po- testatem, how taken. 869. Subpæna duces tecum under a dedimus potestatem. 870. Witnesses under a dedimus potes- tatem, when required to attend. 871. Depositions in District of Colum- bia in suits pending elsewhere. 872. Same subject; when no commis- sion nor notice. 873. Same subject; manner of taking and transmitting the deposition. 874. Same subject; witness fees. 875. Letters rogatory from United States courts. 876. Subpoenas for witnesses to run in- to another district. 877. Witnesses; form of subpoena; at- tendance under. 878. Witnesses in behalf of indigent de- fendants in criminal cases. 879. Recognizance of witnesses at the hearing of charges in criminal cases. Sec. 858) 659 Tit. 13— THE JUDICIARY —Ch. 17. Sec. 880. Vermont, recognizance of wit- nesses, how taken. 881. Recognizance of witnesses requir- ed at any time on application of district attorney. 882. Copies of Department records and papers. 883. Copies of records, etc., in office of Solicitor of the Treasury. 884. Instruments and papers of Comp- troller of the Currency. 885. Organization certificates of nation- al banks. 886. Transcripts from books, etc., of the Treasury, in suits against de- linquents. Act July 31, 1894, c. 174, § 17. Transcripts from books, etc., of the Treasury, to be certified by Secre- tary or Assistant Secretary under seal of Department. 887. Transcripts from books of the Treasury, in indictments for em- bezzlement of public moneys. 888. Copies of returns in returns-office. 889. Copies of Post-Office records and of Auditor's statement of ac- counts. 890. Copies of statements of demands by Post-Office Department. 891. Copies of records, etc., of General Land-Office. 892. Copies of records, etc., of Patent- Office. 893. Copies of foreign letters-patent. Sec. 894. Printed copies of specifications and drawings of patents. 895. Extracts from the Journals of Congress. 896. Copies of records, etc., in offices of United States consuls, etc. 897. Certain books and papers in of- fices of district and circuit courts in Texas, Florida, Wisconsin, Minnesota, Iowa, and Kansas. 898. Transcribed records in the clerks' offices of western district of North Carolina. 899. When original records are lost or destroyed. 900. Same subject. 901. Same subject. 902. Restoration of records lost or de- stroyed. 903. Same subject. 904. Same subject. 905. Authentication of legislative acts and proof of judicial proceedings of State, etc. 906. Proof of records, etc., kept in of- fices not pertaining to courts. 907. Copies of foreign records, etc., re- lating to land-titles in the Unit- ed States. 908. Little & Brown's edition of the statutes to be evidence. 909. Burden of proof, when it lies on claimant in seizure cases. 910. Possessory actions for recovery of mining-titles. Sec. 858. No witness excluded on account of color or interest, provided, etc. In the courts of the United States no witness shall be excluded in any action on account of color, or in any civil action because he is a party to or interested in the issue tried: Provided, That in ac- tions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate, or ward, unless called to tes- tify thereto by the opposite party, or required to testify thereto by the court. In all other respects, the laws of the State in which the court is held shall be the rules of decision as to the competency of witnesses in the courts of the United States in trials at common law, and in equity and admiralty. Act July 2, 1864, c. 210, § 3, 13 Stat. 351. Act March 3, 1865, c. 113, 13 Stat. 533. Act July 16, 1862, c. 189, § 1, 12 Stat. 588. All persons within the jurisdiction of the United States are entitled to 660 (Secs. 858-859 Tit. 13— THE JUDICIARY —Ch. 17. the same right to give evidence as are white citizens, by Rev. St. $ 1977. Officers and other persons entitled to or claiming compensation under the provisions of the customs-revenue laws are not thereby disqualified from becoming witnesses in any action, suit, or proceeding for the recov- ery, mitigation, or remission thereof, by Act June 22, 1874, c. 391, $ 8. set forth post, under Title XXXIV, “Collection of Duties Upon Im- posts,” c. 10. A similar provision relating to proceedings for recovery of fines and forfeitures are contained in Rev. St. § 5295. Persous convicted of perjury are incompetent as witnesses until the judgments against them have been reversed, by Rev. St. § 5392. ACT MARCH 16, 1878, c. 37. An Act to Make Persons Charged with Crimes and Offenses Com- petent Witnesses in the United States and Territorial Courts. (20 Stat. 30.) Defendants in criminal cases may be witnesses. Be it enacted, &c., That in the trial of all indictments, informations, complaints, and other proceedings against persons charged with the commission of crimes, offences, and misdemeanors, in the United States courts, Territorial courts, and courts-martial, and courts of inquiry, in any State or Territory, including the District of Columbia, the person so charged shall, at his own request but not otherwise, be a competent witness. And his failure to make such request shall not create any presumption against him. Act March 16, 1878, c. 37, 20 Stat. 30. Sec. 859. Testimony of witnesses before Congress not admissible against them in criminal prosecutions. No testimony given by a witness before either House, or before any committee of either House of Congress, shall be used as evi- dence in any criminal proceeding against him in any court, except in a prosecution for perjury committed in giving such testimony. But an official paper or record produced by him is not within the said privilege. Act Jan. 24, 1862, c. 11, 12 Stat. 333. Act Jan. 24, 1857, c. 19, § 2, 11 Stat. 156. The right of witnesses to refuse to testify upon the ground that their testimony, if given, may tend to disgrace them or otherwise render them infamous, does not extend to testimony required by Congress, or any committee of either house thereof; and the refusal of a witness to testify is required to be certified to the district attorney for the District of Co- lumbia, who shall bring the matter before the grand jury for action. Rev. St. $$ 103, 104. Witnesses are not excused from attendance on and testifying before the Interstate Commerce Commission on the ground that the testimony required of them may tend to criminate them or subject them to a pen- alty or forfeiture, by Act Feb. 11, 1893, c. 83, § i, post, under Titie LVI A, “Regulation of Interstate and Foreign Commerce,” c. 1. Said section also contains a further provision similar to the one in this sec- tion, and a provision relating to the punishment of witnesses refusing to attend, etc. > Secs. 860-863) 661 Tit. 13— THE JUDICIARY_Ch. 17. Sec. 860. Pleadings, disclosures, etc., not to be used in criminal proceedings. No pleading of a party, nor any discovery or evidence obtained from a party or witness by means of a judicial proceeding in this or any foreign country, shall be given in evidence, or in any manner used against him or his property or estate, in any court of the United States in any criminal proceeding, or for the enforcement of any penalty or forfeiture: Provided, That this section shall not exempt any party or witness from prosecution and punishment for perjury committed in discovering or testifying as aforesaid. Act Feb. 25, 1868, c. 13, § 1, 15 Stat. 37. Sec. 861. Mode of proof in common-law actions. The mode of proof in the trial of actions at common law shall be by oral testimony and examination of witnesses in open court, except as hereinafter provided. Act Sept. 24, 1789, c. 20, $ 30, 1 Stat. 88. Act Feb. 20, 1812, c. 25, $ 3, 2 Stat. 682. Act Jan. 24, 1827, c. 4, SS 1, 2, 4 Stat. 197, 199. Provisions for requiring parties to produce books or writings in actions at law are contained in Rev. St. $724, Sec. 862. Mode of proof in equity and admiralty causes. The mode of proof in causes of equity and of admiralty and mar- itime jurisdiction shall be according to rules now or hereafter pre- scribed by the Supreme Court, except as herein specially provided. Act Aug. 23, 1842, c. 188, § 6, 5 Stat. 518. The mode of taking evidence in the consular courts is prescribed by Rev. St. $ 4097. Provisions relating to the manner of and time for taking testimony in congressional contested election cases are contained in Rev. St. 8 107, and Act March 2, 1875, c. 119, § 2, following said section. Sec. 863. Depositions de bene esse. The testimony of any witness may be taken in any civil cause depending in a district or circuit court by deposition de bene esse, when the witness lives at a greater distance from the place of trial than one hundred miles, or is bound on a voyage to sea, or is about to go out of the United States, or out of the district in which the case is to be tried, and to a greater distance than one hundred miles from the place of trial, before the time of trial, or when he is an- cient and infirm. The deposition may be taken before any judge of any court of the United States, or any commissioner of a circuit court, or any clerk of a district or circuit court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court or court of common pleas of any of the United States, or any notary public, not being 662 (Sec. 863 Tit. 13— THE JUDICIARY —Ch. 17. of counsel or attorney to either of the parties, nor interested in the event of the cause. Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition, to the opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition; and in all cases in rem, the person having the agency or possession of the property at the time of seizure shall be deemed the adverse party, until a claim shall have been put in; and whenever, by reason of the absence from the district and want of an attorney of record or other reason, the giving of the notice herein required shall be impracticable, it shall be lawful to take such depositions as there shall be urgent necessity for taking, upon such notice as any judge authorized to hold courts in such cir- cuit or district shall think reasonable and direct. Any person may be compelled to appear and depose as provided by this section, in the same manner as witnesses may be compelled to appear and testi- fy in court. Act Sept. 24, 1789, c. 20, $30, 1 Stat. 88. Act March 1, 1817, c. 30, 3 Stat. 330. Act Feb. 26, 1853, c. 80, § 1, 10 Stat. 163. Act July 29, 1854, c. 159, $ 2, 10 Stat. 315. Act May 9, 1872, c. 146, 17 Stat. 89. Depositions may also be taken in the mode prescribed by the laws of the state in which the courts are held, by Act March 9, 1892, c. 14, post, following Rev. St. $ 866. Notaries public are authorized by a subsequent enactment, set forth below, to take depositions, acknowledgments, and affidavits in the same manner and with the same effect as commissioners of the United States circuit courts. The office of circuit court commissioner is abolished by Act May 28, 1896, c. 252, $ 19, as amended by Act March 2, 1901, c. 814, ante, under Rev. St. $ 627, and the provisions of all acts applicable to said circuit court commissioners are made applicable to United States commissioners created by the act. The Supreme Court has authority to prescribe the mode of taking and obtaining evidence, by Rev. St. § 917. Provisions relating to the taking of depositions for use in congressional election cases are to be found under Title II, "The Congress, c. 8. Secretaries of legations and consular officers are authorized to adminis- ter to or take from any person an oath, affirmation, affidavit, or deposi- tion, etc., by Rev. St. $ 1750. The Commissioner of Patents is authorized to establish rules for tak- ing affidavits and depositions required in cases pending in the Patent Of- fice, by Rev. St. $ 4905. By the same section such affidavits and deposi- tions may be taken before any officer authorized to take depositions to be used in the United States courts. The prize commissioners are authorized to take depositions de bene esse in certain cases, by Rev. St. § 4622. Collectors, deputy collectors, and inspectors are authorized to adminis- ter oaths and to take evidence touching any part of the administration of the internal revenue laws, by Rev. St. & 3165. ACT AUG. 15, 1876, c. 304. An Act to Provide for the Appointment of Commissioners for Tak- ing Affidavits, etc., for the Courts of the United States. (19 Stat. 206.) Notaries public of States, etc., may take depositions, etc. Be it enacted, &c., That notaries public of the several States, Ter- ritories, and the District of Columbia be, and they are hereby, au- Secs. 863–866) 663 Tit. 13—THE JUDICIARY-Ch. 17. thorized to take depositions, and do all other acts in relation to tak- ing testimony to be used in the courts of the United States, take ac- knowledgments and affidavits, in the same manner and with the same effect as commissioners of the United States circuit court may now lawfully take or do. Act Aug. 15, 1876, c. 304, 19 Stat. 206. See note to Rev. St. 8 863. Notaries public are authorized to administer oaths and take acknowl- edgments in all cases in which they may be taken or made before any justice of the peace of any state or territory, or in the District of Colum- bia by Rev. St. § 1778. Sec. 864. [As amended 1900.] Mode of taking depositions de bene esse. Every person deposing as provided in the preceding section shall be cautioned and sworn to testify the whole truth, and carefully examined. His testimony shall be reduced to writing or typewrit- ing by the officer taking the deposition, or by some person under his personal supervision, or by the deponent himself in the officer's pres- ence, and by no other person, and shall, after it has been reduced to writing or typewriting, be subscribed by the deponent. Act Sept. 24, 1789, c. 20, $30, 1 Stat. 88. Act May 9, 1872, c. 146, 17 Stat. 89. Act May 23, 1900, c. 541, 31 Stat. 182. This section was amended by Act May 23, 1900, c. 541, cited above, by substituting the word "officer” for the word "magistrate," wherever it occurred in the original section; by inserting the words "or typewrit- ing" after the word "writing," wherever it occurred; and by inserting the clause "or by some person under his personal supervision" after the word “deposition." Sec. 865. Transmission to the court of depositions de bene esse. Every deposition taken under the two preceding sections shall be retained by the magistrate taking it, until he delivers it with his own hand into the court for which it is taken; or it shall, together with a certificate of the reasons as aforesaid of taking it and of the notice, if any, given to the adverse party, be by him sealed up and directed to such court, and remain under his seal until opened in court. But unless it appears to the satisfaction of the court that the witness is then dead, or gone out of the United States, or to a greater distance than one hundred miles from the place where the court is sitting, or that, by reason of age, sickness, bodily infirmity, or imprisonment, he is unable to travel and appear at court, such deposition shall not be used in the cause. Act Sept. 24, 1789, c. 20, $ 30, 1 Stat. 88. Sec. 866. Depositions under a dedimus potestatem and in perpetuam, etc. In any case where it is necessary, in order to prevent a failure or delay of justice, any of the courts of the United States may grant 664 (Secs, 866-868 Tit. 13-THE JUDICIARY-Ch. 17. a dedimus potestatem to take depositions according to common usage; and any circuit court, upon application to it as a court of equity, may, according to the usages of chancery, direct depositions to be taken in perpetuam rei memoriam, if they relate to any matters that may be cognizable in any court of the United States. And the provisions of sections eight hundred and sixty-three, eight hundred and sixty-four, and eight hundred and sixty-five, shall not apply to any deposition to be taken under the authority of this section. Act Sept. 24, 1789, c. 20, 8 30, 1 Stat. 88. Act May 9, 1872, c. 146, 17 Stat. 89. ACT MARCH 9, 1892, c. 14. An Act to Provide an Additional Mode of Taking Depositions of Witnesses in Causes Pending in the Courts of the United States. (27 Stat. 7.) Taking depositions in mode prescribed by State laws. Be it enacted, &c., That in addition to the mode of taking the depositions of witnesses in causes pending at law or equity in the district and circuit courts of the United States, it shall be lawful to take the depositions or testimony of witnesses in the mode pre- scribed by the laws of the State in which the courts are held. Act March 9, 1892, c. 14, 27 Stat. 7. Sec. 867. Depositions in perpetuam, etc., admissible at discretion of the court. Any court of the United States may, in its discretion, admit in evidence in any cause before it any deposition taken in perpetuam rei memoriam, which would be so admissible in a court of the State wherein such cause is pending, according to the laws thereof. Act Feb. 20, 1812, c. 23, § 3, 2 Stat. 682. Sec. 868. Deposition under a dedimus potestatem, how taken. When a commission is issued by any court of the United States for taking the testimony of a witness named therein at any place within any district or Territory, the clerk of any court of the United States for such district or Territory shall, on the application of either party to the suit, or of his agent, issue a subpoena for such witness, commanding him to appear and testify before the commis- sioner named in the commission, at a time and place stated in the subpæna; and if any witness, after being duly served with such subpoena, refuses or neglects to appear, or, after appearing, refuses to testify, not being privileged from giving testimony, and such re- fusal or neglect is proven to the satisfaction of any judge of the court whose clerk issues such subpæna, such judge may proceed to enforce obedience to the process, or punish the disobedience, as any court of the United States may proceed in case of disobedience to process of subpoena to testify issued by such court. Act Jan. 24, 1827, c. 4, § 1, 4 Stat. 197. Secs. 869–871) 665 Tit. 13— THE JUDICIARY —Ch. 17. Sec. 869. Subpoena duces tecum under a dedimus potestatem. When either party in such suit applies to any judge of a United States court in such district or Territory for a subpoena commanding the witness, therein to be named, to appear and testify before said commissioner, at the time and place to be stated in the subpæna, and to bring with him and produce to such commissioner any paper or writing or written instrument or book or other document, sup- posed to be in the possession or power of such witness, and to be described in the subpæna, such judge, on being satisfied by the af- fidavit of the person applying, or otherwise, that there is reason to believe that such paper, writing, written instrument, book, or other document is in the possession or power of the witness, and that the same, if produced, would be competent and material evidence for the party applying therefor, may order the clerk of said court to issue such subpena accordingly. And if the witness, after being served with such subpoena, fails to produce to the commissioner, at the time and place stated in the subpæna, any such paper, writing, written in- strument, book, or other document, being in his possession or power, and described in the subpæna, and such failure is proved to the satisfaction of said judge, he may proceed to enforce obedience to said process of subpæna, or punish the disobedience in like man- ner as any court of the United States may proceed in case of dis- obedience to like process issued by such court. When any such paper, writing, written instrument, book, or other document is pro- duced to such commissioner, he shall, at the cost of the party re- quiring the same, cause to be inade a correct copy thereof, or of so much thereof as shall be required by either of the parties. Act Jan. 24, 1827, c. 4, § 2, 4 Stat. 199. Sec. 870. Witnesses under a dedimus potestatem, when required to attend. No witness shall be required, under the provisions of either of the two preceding sections, to attend at any place out of the county where he resides, nor more than forty miles from the place of his residence, to give his deposition; nor shall any witness be deemed guilty of contempt for disobeying any subpæna directed to him by virtue of either of the said sections, unless his fee for going to, re- turning from, and one day's attendance at, the place of examination, are paid or tendered to him at the time of the service of the sub- pena. Act Jan. 24, 1827, c. 4, $8 1, 2, 4 Stat. 197, 199. Sec. 871. Depositions in District of Columbia in suits pending elsewhere. When a commission to take the testimony of any witness found within the District of Columbia, to be used in a suit depending in any State or territorial or foreign court, is issued from such court, or a notice to the same effect is given according to its rules of prac- 666 (Secs. 872–874 Tit. 13— THE JUDICIARY –Ch. 17. tice, and such commission or notice is produced to a justice of the supreme court of said District, and due proof is made to him that the testimony of such witness is material to the party desiring the same, the said justice shall issue a summons to the witness, requiring him to appear before the commissioners named in the commission or notice, to testify in such suit, at a time and at a place within said District therein specified. Act March 3, 1869, c. 128, § 1, 15 Stat. 324. Sec. 872. Same subject; when no commission nor notice. When it satisfactorily appears by affidavit to any justice of the supreme court of the District of Columbia, or to any commissioner for taking depositions appointed by said court—First. That any per- son within said District is a material witness for either party in a suit pending in any State or territorial or foreign court; Second. That no commission nor notice to take the testimony of such witness has been issued or given; and Third. That, according to the prac- tice of the court in which the suit is pending, the deposition of a witness taken without the presence and consent of both parties will be received on the trial or hearing thereof, such officer shall issue his summons, requiring the witness to appear before him at a place within the District, at some reasonable time, to be stated therein, to testify in such suit. Act March 3, 1869, c. 128, § 2, 15 Stat. 325. Sec. 873. Same subject; manner of taking and transmitting the deposition. Testimony obtained under the two preceding sections shall be taken down in writing by the officer before whom the witness appears, and shall be certified and transmitted by him to the court in which the suit is pending, in such manner as the practice of that court may require. If any person refuses or neglects to appear at the time and place mentioned in the summons, or, on his appearance, refuses to testify, he shall be liable to the same penalties as would be incurred for a like offense on the trial of a suit. Act March 3, 1869, c. 128, § 3, 15 Stat. 325. Sec. 874. Same subject; witness fees. Every witness appearing and testifying under the said provisions relating to the District of Columbia shall be entitled to receive for each day's attendance, from the party at whose instance he is sum- moned, the fees now provided by law for each day he shall give at- tendance. Act March 3, 1869, c. 128, § 4, 15 Stat. 325. Provisions relating to the fees of witnesses are contained in Rev. St. $8 848–851. Secs. 875–877) 667 Tit. 13— THE JUDICIARY —Ch. 17. Sec. 875. Letters rogatory from United States courts. When any commission or letter rogatory, issued to take the testi- mony of any witness in a foreign country, in any suit in which the United States are parties or have an interest, is executed by the court or the commissioner to whom it is directed, it shall be returned by such court or commissioner to the minister or consul of the United States nearest the place where it is executed. On receiving the same, the said minister or consul shall indorse thereon a certificate, stating when and where the same was received, and that the said deposition is in the same condition as when he received it; and he shall thereupon transmit the said letter or commission, so executed and certified, by mail, to the clerk of the court from which the same issued, in the manner in which his official dispatches are transmitted to the Government. And the testimony of witnesses so taken and returned shall be read as evidence on the trial of the suit in which it was taken, without objection as to the method of returning the same. When letters rogatory are addressed from any court of a foreign country to any circuit court of the United States, a conimis- sioner of such circuit court designated by said court to make the examination of the witnesses mentioned in said letters, shall have power to compel the witnesses to appear and depose in the same manner as witnesses may be compelled to appear and testify in courts. Act March 3, 1863, c. 95, § 4, 12 Stat. 770. Act Feb. 27, 1877, c. 69, 19 Stat. 241. This section was amended by Act Feb. 27, 1877, c. 69, cited above, by adding all matter after the words "the method of returning the same." Provisions relating to taking of testimony of witnesses residing in the United States for use in any foreign countries are contained in Rev. St. $$ 4071-4074. Sec. 876. Subpoenas for witnesses to run into another district. Subpænas for witnesses who are required to attend a court of the United States, in any district, may run into any other district : Provided, That in civil causes the witnesses living out of the dis- trict in which the court is held do not live at a greater distance than one hundred miles from the place of holding the same. Act March 2, 1793, c. 22, § 6, 1 Stat. 335. Sec. 877. Witnesses; form of subpoena; attendance under. Witnesses who are required to attend any term of a circuit or dis- trict court on the part of the United States, shall be subpoenaed to attend to testify generally on their behalf, and not to depart the court without leave thereof, or of the district attorney; and under such process they shall appear before the grand or petit jury, or both, as they may be required by the court or district attorney. Act Feb. 6, 1853, c. 80, § 3, 10 Stat. 169. Provisions relating to the issuance of subpænas to witnesses and the 668 (Secs. 878-880 Tit. 13—THE JUDICIARY —Ch- . 17. attendance of such witnesses to give testimony for use in patent causes are contained in Rev. St. 88 4906-4908. Sec. 878. Witnesses in behalf of indigent defendants in criminal cases. Whenever any person indicted in a court of the United States makes affidavit, setting forth that there are witnesses whose evi- dence is material to his defense; that he cannot safely go to trial without them; what he expects to prove by each of them; that they are within the district in which the court is held, or within one hun- dred miles of the place of trial; and that he is not possessed of suffi- cient means, and is actually unable to pay the fees of such witnesses, the court in term, or any judge thereof in vacation, may order that such witnesses be subpænaed if found within the limits aforesaid. In such case the costs incurred by the process and the fees of the witnesses shall be paid in the same manner that similar costs and fees are paid in case of witnesses subpænaed in behalf of the United States. Act Aug. 8, 1846, c. 98, § 11, 9 Stat. 74. Sec. 879. Recognizance of witnesses at the hearing of charges in criminal cases. Any judge or other officer who may be authorized to arrest and imprison or bail persons charged with any crime or offense against the United States may, at the hearing of any such charge, require of any witness produced against the prisoner, on pain of imprison- ment, a recognizance, with or without sureties, in his discretion, for his appearance to testify in the case. And where the crime or offense is charged to have been committed on the high seas, or elsewhere within the admiralty and maritime jurisdiction of the United States, he may, in his discretion, require a like recognizance, with such sureties as he may deem necessary, of any witness produced in be- half of the accused, whose testimony in his opinion is important, and is in danger of being otherwise lost. Act Sept. 24, 1789, c. 20, § 33, 1 Stat. 91. Act Aug. 23, 1842, c. 188, $ 2, 5 Stat. 517. Act Aug. 8, 1846, c. 98, 87, 9 Stat. 73. Provisions for the return of the recognizances, and the removal of witnesses committed, to the district where the trial is to be had, are contained in Rey. St. 8 1014. Sec. 880. Vermont, recognizance of witnesses, how taken. In the district of Vermont, all recognizances of witnesses, taken by any magistrate in said district, for their appearance to testify in any case cognizable either in the district or circuit court thereof, shall be to the circuit court next thereafter to be held in the said dis- trict. Act April 29, 1802, c. 31, $ 29, 2 Stat. 167. Secs. 881-884) 669 Tit. 13—THE JUDICIARY_Ch. 17. Sec. 881. Recognizance of witnesses required at any time on application of dis- trict attorney. Any judge of the United States, on the application of a district attorney, and on being satisfied by proof that the testimony of any person is competent and will be necessary on the trial of any crim- inal proceeding in which the United States are parties or are in- terested, may compel such person to give recognizance, with or with- out sureties, at his discretion, to appear to testify therein; and, for that purpose, may issue a warrant against such person, under his hand, with or without seal, directed to the marshal or other officer authorized to execute process in behalf of the United States, to ar- rest and bring before him such person. If the person so arrested neglects or refuses to give recognizance in the manner required, the judge may issue a warrant of commitment against him, and the officer shall convey him to the prison mentioned therein. And the said person shall remain in confinement until he is removed to the court for the purpose of giving his testimony, or until he gives the recognizance required by said judge. Act Aug. 8, 1846, c. 98, § 7, 9 Stat. 73. Sec. 882. Copies of Department records and papers. Copies of any books, records, papers, or documents in any of the Executive Departments, authenticated under the seals of such De- partments, respectively, shall be admitted in evidence equally with the originals thereof. Act Sept. 15, 1789, c. 14, § 5, 1 Stat. 69. Act Feb. 22, 1849, c. 61, $ 3, 9 Stat. 347. Act May 31, 1854, c. 60, $ 2, 10 Stat. 297. Similar provisions relating to copies or transcripts of documents, rec- ords, etc., in various offices, are contained in the following sections of this chapter. A similar provision relating to copies of documents, etc., in the office of the Commissioner of Indian Affairs, is contained in Act July 26, 1892, c. 256, § 3, ante, following Rev. St. § 463. Sec. 883. Copies of records, etc., in office of Solicitor of the Treasury. Copies of any documents, records, books, or papers in the office of the Solicitor of the Treasury, certified by him under the seal of his office, or, when his office is vacant, by the officer acting as So- licitor for the time, shall be evidence equally with the originals. Act Feb. 22, 1849, c. 61, § 2, 9 Stat. 347. Sec. 884. Instruments and papers of Comptroller of the Currency. Every certificate, assignment, and conveyance executed by the Comptroller of the Currency, in pursuance of law, and sealed with his seal of office, shall be received in evidence in all places and 670 (Secs. 885-886 Tit. 13—THE JUDICIARY —Ch- . 17. courts; and all copies of papers in his office, certified by him and authenticated by the said seal, shall in all cases be evidence equally with the originals. An impression of such seal directly on the paper shall be as valid as if made on wax or wafer. Act June 3, 1864, c. 106, § 2, 13 Stat. 100. Sec. 885. Organization certificates of national banks. Copies of the organization certificate of any national banking as- sociation, duly certified by the Comptroller of the Currency, and authenticated by his seal of office, shall be evidence in all courts and places within the jurisdiction of the United States of the exist- ence of the association, and of every matter which could be proved by the production of the original certificate. Act June 3, 1864, c. 106, § 6, 13 Stat. 101. Provisions relating to the requisites of the certificates, and the ac- knowledgment and filing thereof, are contained in Rev. St. 88 5134, 5135. Sec. 886. Transcripts from books, etc., of the Treasury, in suits against delin- quents. When suit is brought in any case of delinquency of a revenue officer, or other person accountable for public money, a transcript from the books and proceedings of the Treasury Department, cer- tified by the Register and authenticated under the seal of the De- partment, or, when the suit involves the accounts of the War or Navy Departments, certified by the Auditors respectively charged with the examination of those accounts, and authenticated under the seal of the Treasury Department, shall be admitted as evidence, and the court trying the cause shall be authorized to grant judg- ment and award execution accordingly. And all copies of bonds, contracts, or other papers relating to, or connected with, the settle- ment of any account between the United States and an individual, when certified by the Register, or by such Auditor, as the case may be, to be true copies of the originals on file, and authenticated un- der the seal of the Department, may be annexed to such transcripts, and shall have equal validity, and be entitled to the same degree of credit which would be due to the original papers if produced and authenticated in court: Provided, That where suit is brought upon a bond or other sealed instrument, and the defendant pleads “non est factum,” or makes his motion to the court, verifying such plea or motion by his oath, the court may take the same into consideration, and, if it appears to be necessary for the attainment of justice, may require the production of the original bond, contract, or other paper specified in such affidavit. Act March 3, 1797, c. 20, § 1, 1 Stat. 512. Act March 3, 1817, c. 45, § 11, 3 Stat. 367. The transcripts provided for in this section are required to be certi- fied by the Secretary or an Assistant Secretary of the Treasury, under the seal of the Department, by Act July 31, 1894, c. 174, § 17, as amended by Act March 2, 1895, c. 177, $ 10, set forth below. Secs. 886-889) 671 Tit. 13— THE JUDICIARY—Ch. 17. ACT JULY 31, 1894, c. 174, $ 17. [As amended 1895.] Transcripts from books, etc., of the Treasury, to be certified by Secre- tary or Assistant Secretary under seal of Department. The transcripts from the books and proceedings of the Depart- ment of the Treasury and the copies of bonds, contracts and other papers provided for in section eight hundred and eighty-six of the Revised Statutes shall hereafter be certified by the Secretary or an Assistant Secretary of the Treasury under the seal of the Depart- ment. Act July 31, 1894, c. 174, § 17, 28 Stat. 162, Act March 2, 1895, c. 177, § 10, 28 Stat. 809. The amendment of this section by Act March 2, 1895, c. 177, § 10, cited above, requires all transcripts and copies to be certified by the Secretary or Assistant Secretary, whereas originally copies of contracts, etc., could be certified by the Auditor having them in charge. Sec. 887. Transcripts from books of the Treasury, in indictments for embezzle- ment of public moneys. Upon the trial of any indictment against any person for em- bezzling public moneys, it shall be sufficient evidence, for the pur- pose of showing a balance against such person, to produce a tran- script from the books and proceedings of the Treasury Department, as provided by the preceding section. Act Aug. 6, 1846, c. 90, $ 16, 9 Stat. 63. Act March 2, 1797, c. 20, § 1, 1 Stat. 512. Sec. 888. Copies of returns in returns-office. A copy of any return of a contract returned and filed in the re- turns-office of the Department of the Interior, as provided by law, when certified by the clerk of the said office to be full and complete, and when authenticated by the seal of the Department, shall be evidence in any prosecution against any officer for falsely and cor- ruptly swearing to the affidavit required by law to be made by such officer in making his return of any contract, as required by law, to said returns-office. Act June 2, 1862, c. 93, § 4, 12 Stat. 412. The filing of copies of certain contracts made on behalf of the Gov- ernment in the returns-office is required by Rev. St. § 3744. Sec. 889. Copies of Post-Office records and of Auditor's statement of accounts. Copies of the quarterly returns of postmasters and of any papers pertaining to the accounts in the office of the Sixth Auditor, and transcripts from the money-order account-books of the Post-Office Department, when certified by the Sixth Auditor under the seal of his office, shall be admitted as evidence in the courts of the United States, in civil suits and criminal prosecutions; and in any civil suit, in case of delinquency of any postmaster or contractor, a state- 672 (Secs. 889–891 Tit. 13— THE JUDICIARY_Ch. 17. ment of the account, certified as aforesaid, shall be admitted in evidence, and the court shall be authorized thereupon to give judg- ment and award execution, subject to the provisions of law as to proceedings in such civil suits. Act July 2, 1836, c. 270, § 15, 5 Stat. 82. Act May 17, 1864, c. 87, § 11, 13 Stat. 78. Act July 27, 1868, c. 246, $ 18, 15 Stat. 197. Act March 3, 1825, c. 64, § 38, 4 Stat. 113. The designation of the Sixth Auditor is changed to Auditor for the Post-Office Department by Act July 31, 1894, c. 174, § 3, ante, under Rev. St. $ 276. Sec. 890. Copies of statements of demands by Post-Office Department. In all suits for the recovery of balances due from postmasters, a copy, duly certified under the seal of the Sixth Auditor, of the state- ment of any postmaster, special agent, or other person, employed by the Postmaster-General or the Auditor for that purpose, that he has mailed a letter to such delinquent postmaster at the post-office where the indebtedness accrued, or at his last usual place of abode; that a sufficient time has elapsed for said letter to have reached its destination in the ordinary course of the mail; and that payment of such balance has not been received, within the time designated in his instructions, shall be received as sufficient evidence in the courts of the United States, or other courts, that a demand has been made upon the delinquent postmaster; but when the account of a late postmaster has been once adjusted and settled, and a demand has been made for the balance appearing to be due, and afterward allow- ances are made or credits entered, it shall not be necessary to make a further demand for the new balance found to be due. Act July 27, 1868, c. 246, § 19, 15 Stat. 197. See note under preceding section as to change in designation of Sixth Auditor. Sec. 891. Copies of records, etc., of General Land-Office. Copies of any records, books, or papers in the General Land- Office, authenticated by the seal and certified by the Commissioner thereof, or, when his office is vacant, by the principal clerk, shall be evidence equally with the originals thereof. And literal exemplifica- tions of any such records shall be held, when so introduced in evi- dence, to be of the same validity as if the names of the officers signing and countersigning the same had been fully inserted in such record. Act April 25, 1812, c. 68, $ 4, 2 Stat. 717. Act. March 3, 1843, c. 95, $$ 1, 2, 5 Stat. 627, 628. Act July 4, 1836, c. 352, SS 2, 7, 5 Stat. 109, 111. It is made the duty of the Commissioner of the General Land-Office to prepare the copies required for use as evidence by Rev. St. $ 2469. A similar provision relating to the literal exemplification of records is contained in Rev. St. & 2470. Copies of plats or surveys, or transcripts from the records of the office of the surveyor-general of Louisiana, duly certified by him, are Secs. 891-895) 673 Tit. 13– THE JUDICIARY—Ch. 17. admissible as evidence in all United States and territorial courts, by Rev. St. 8 2225. Testimony lawfully and regularly received by surveyors-general or by the Commissioner of the General Land Office, on claims presented to them, is admissible in evidence in trials under the act creating the court of private land claims, when the person testifying is dead, by Act March 3, 1891, c. 539, § 5, post, under chapter 21 A of this Title. Sec. 892. Copies of records, etc., of Patent-Office. Written or printed copies of any records, books, papers, or draw- ings belonging to the Patent-Office, and of letters-patent authen- ticated by the seal and certified by the Commissioner or Acting Commissioner thereof, shall be evidence in all cases wherein the originals could be evidence; and any person making application therefor, and paying the fee required by law, shall have certified copies thereof. Act July 8, 1870, c. 230, $ 57, 16 Stat. 207. Sec. 893. Copies of foreign letters-patent. Copies of the specifications and drawings of foreign letters-patent, certified as provided in the preceding section, shall be prima-facie evidence of the fact of the granting of such letters-patent, and of the date and contents thereof. Act July 8, 1870, c. 230, $ 57, 16 Stat. 207. Sec. 894. Printed copies of specifications and drawings of patents. The printed copies of specifications and drawings of patents, which the Commissioner of Patents is authorized to print for gratuitous distribution, and to deposit in the capitols of the States and Ter- ritories, and in the clerk's offices of the district courts, shall, when certified by him and authenticated by the seal of his office, be re- ceived in all courts as evidence of all matters therein contained. Res. Jan. 11, 1871, No. 5, 16 Stat. 590. Sec. 895. Extracts from the Journals of Congress. Extracts from the Journals of the Senate, or of the House of Representatives, and of the Executive Journal of the Senate when the injunction of secrecy is removed, certified by the Secretary of the Senate or by the Clerk of the House of Representatives, shall be admitted as evidence in the courts of the United States, and shall have the same force and effect as the originals would have if pro- duced and authenticated in court. Act Aug. 8, 1846, c. 107, § 1, 9 Stat. 80. LAWS '01-43 674 (Secs. 896-898 Tit. 13—THE JUDICIARY - –Ch. 17. Sec. 896. Copies of records, etc., in offices of United States consuls, etc. Copies of all official documents and papers in the office of any consul, vice-consul, or commercial agent of the United States, and of all official entries in the books or records of any such office, cer- tified under the hand and seal of such officer, shall be admitted in evidence in the courts of the United States. Act Jan. 8, 1869, c. 7, 15 Stat. 266. A similar provision relating to copies of protests before consuls and vice-consuls is contained in Rev. St. 8 1707. Sec. 897. Certain books and papers in offices of district and circuit courts in Texas, Florida, Wisconsin, Minnesota, Iowa, and Kansas. The transcripts into new books, made by the clerks of the district courts in the several districts of Texas, Florida, Wisconsin, Min- nesota, Iowa, and Kansas, in pursuance of the act of June twenty- seven, eighteen hundred and sixty-four, chapter one hundred and sixty-five, from the records and journals transferred by them re- spectively, under the said act, to the clerks of the circuit courts in said districts, when certified by the clerks respectively making the same to be full and true copies from the original books, shall have the same force and effect as records as the originals. And the cer- tificates of the clerks of said circuit courts, respectively, of transcript of any of the books or papers so transferred to them, shall be re- ceived in evidence with the like effect as if made by the clerk of the court in which the proceedings were had. Act June 27, 1864, c. 165, 88 2, 4, 13 Stat. 199. Many subsequent statutes, establishing judicial districts or subdividing them into divisions, contain provisions for transfer of records to the new districts or divisions, and for the use of copies thereof instead of the originals, inseparably connected with other provisions relating to the particular districts or divisions, and are set forth, therefore, in chapter 1 of this Title, under the names of the states in alphabetical order. Sec. 898. Transcribed records in the clerks' offices of western district of North Carolina. The transcripts into new books made by the clerks of the circuit and district courts for the western district of North Carolina, in pursuance of the act of June four, eighteen hundred and seventy-two, chapter two hundred and eighty-two, when certified by the clerks respectively making the same to be full and true copies from the original books, shall have the same force and effect as records as the originals. And the certificates of the clerks osaid circuit and district courts respectively, of transcripts of any of the said tran- scribed records, shall also be received in evidence with the like effect as if made by the proper clerk from the originals from which such records were transcribed. Act June 4, 1872, c. 282, 8 10, 17 Stat. 217. Secs. 899-901) 675 Tit. 13— THE JUDICIARY—Ch. 17. Sec. 899. When original records are lost or destroyed. When the record of any judgment, decree, or other proceeding of any court of the United States is lost or destroyed, any party or person interested therein may, on application to such court, and on showing to its satisfaction that the same was lost or destroyed with- out his fault, obtain from it an order authorizing such defect to be supplied by a duly certified copy of the original record, where the same can be obtained; and such certified copy shall thereafter have, in all respects, the same effect as the original record would have had. Act March 3, 1871, c. 111, § 1, 16 Stat. 474. Sec. 900. Same subject. When any such record is lost or destroyed, and the defect cannot be supplied as provided in the preceding section, any party or per- son interested therein may make a written application to the court to which the record belonged, verified by affidavit, showing such loss or destruction; that the same occurred without his fault or neglect; that certified copies of such record cannot be obtained by him; and showing also the substance of the record so lost or de- stroyed, and that the loss or destruction thereof, unless supplied, will or may result in damage to him. The court shall cause said application to be entered of record, and a copy of if shall be served personally upon every person interested therein, together with writ- ten notice that on a day therein stated, which shall not be less than sixty days after such service, said application will be heard; and if, upon such hearing, the court is satisfied that the statements con- tained in the application are true, it shall make and cause to be entered of record an order reciting the substance and effect of said lost or destroyed record. Said order shall have the same effect, so far as concerns the party or person making such application and the persons served as above provided, but subject to intervening rights, which the original record would have had, if the same had not been lost or destroyed. Act March 3, 1871, c. 111, § 2, 16 Stat. 475. Sec. 901. Same subject. When any cause has been removed to the Supreme Court, and the original record thereof is afterward lost, a duly certified copy of the record remaining in said court may be filed in the court from which the cause was removed, on motion of any party or person claiming to be interested therein; and the copy so filed shall have the same effect as the original record would have had if the same had not been lost or destroyed. Act March 3, 1871, c. 111, § 3, 16 Stat. 475. 676 (Secs. 902–904 Tit. 13— THE JUDICIARY —Ch. 17. . Sec. 902. [As amended 1879.] Restoration of records lost or destroyed. In any proceedings in conformity with law to restore the records of any court of the United States which have been or may be here- after lost or destroyed, the notice required may be served on any non-resident of the district in which such court is held anywhere within the jurisdiction of the United States, or in any foreign coun- try; the proof of service of such notice, if made in a foreign country, to be certified by a minister or consul of the United States in such country, under his official seal. Act March 18, 1872, c. 56, § 1, 17 Stat. 40. Act Jan. 31, 1879, c. 39, § 1, 20 Stat. 277. This section and Rev. St. 88 903, 904, as originally enacted, applied only to records of the circuit and district courts of the northern district of Illinois, destroyed by fire October 9, 1871. The amendments by Act Jan. 31, 1879, c. 39, cited above, make all three sections appli- cable to such records of all courts of the United States, and add further provisions on the subject. Sec. 903. [As amended 1879.] Same subject. A certified copy of the official return, or any other official paper of the United States attorney, marshal, or clerk, or other certifying or recording officer of any court of the United States, made in pur- suance of law, and on file in any department of the government, relating to any cause or matter to which the United States was a party in any such court, the record of which has been or may be lost or destroyed, may be filed in the court to which it appertains, and shall have the same force and effect as if it were an original report, return, paper, or other document made to or filed in such court; and in any case in which the names of the parties and the date and amount of judgment or decree shall appear from such re- turn, paper, or document, it shall be lawful for the court in which they are filed to issue the proper process to enforce such decree or judgment, in the same manner as if the original record remained in said court. And in all cases where any of the files, papers, or rec- ords of any court of the United States have been or shall be lost or destroyed, the files, records, and papers which, pursuant to law, may have been or may be restored or supplied in place of such records, files, and papers, shall have the same force and effect, to all intents and purposes, as the originals thereof would have been entitled to. Act March 18, 1872, c. 56, $ 2, 17 Stat. 41. Act Jan. 31, 1879, c. 39, § 2, 20 Stat. 277. See note under Rev. St. $ 902, as to amendments by Act Jan. 31, 1879, c. 39, cited above. Sec. 904. [As amended 1879.] Same subject. That whenever any of the records or files in which the United States are interested of any court of the United States have been Secg. 904-906) 677 Tit. 13— THE JUDICIARY —Ch. 17. or may be lost or destroyed, it shall be the duty of the attorney of the United States for the district or court to which such files and records belong, so far as the judges of such courts respectively shall deem it essential to the interests of the United States that such records and files to be restored or supplied, to take such steps, un- der the direction of said judges, as may be necessary to effect such restoration or substitution, including such dockets, indices, and other books and papers as said judge shall think proper. Said judges may direct the performance, by the clerks of said courts respectively and by the United States attorneys, of any duties incident thereto; and said clerks and attorneys shall be allowed such compensation for services in the matter and for lawful disbursements as may be approved by the Attorney-General of the United States, upon a certificate by the judges of said courts stating that such claim for services and disbursements is just and reasonable; and the sum so allowed shall be paid out of the judiciary fund. Act March 18, 1872, c. 56, § 3, 17 Stat. 41. Act Jan. 31, 1879, c. 39, § 3, 20 Stat. 277. See note under Rev. St. $ 902, as to amendment by Act Jan. 31, 1879, c. 39, cited above. Sec. 905. Authentication of legislative acts and proof of judicial proceedings of State, etc. The acts of the legislature of any State or Territory, or of any country subject to the jurisdiction of the United States, shall be authenticated by having the seals of such State, Territory, or coun- try affixed thereto. The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form. And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from which they are taken. Act May 26, 1790, c. 11, 1 Stat. 122. Act March 27, 1804, c. 56, $ 2, 2 Stat. 299. Sec. 906. Proofs of records, etc., kept in offices not pertaining to courts. All records and exemplifications of books, which may be kept in any public office of any State or Territory, or of any country sub- ject to the jurisdiction of the United States, not appertaining to a court, shall be proved or admitted in any court or office in any other State or Territory, or in any such country, by the attestation of the keeper of the said records or books, and the seal of his office an- nexed, if there be a seal, together with a certificate of the presiding justice of the court of the county, parish, or district in which such 678 (Secs. 907-908 Tit. 13—THE JUDICIARY—Ch. 17. office may be kept, or of the governor, or secretary of state, the chancellor or keeper of the great seal, of the State, or Territory, or country, that the said attestation is in due form, and by the proper officers. If the said certificate is given by the presiding justice of a court, it shall be further authenticated by the clerk or prothonotary of the said court, who shall certify, under his hand and the seal of his office, that the said presiding justice is duly commissioned and qualified; or, if given by such governor, secretary, chancellor, or keeper of the great seal, it shall be under the great seal of the State, Territory, or country aforesaid in which it is made. And the said records and exemplifications, so authenticated, shall have such faith and credit given to them in every court and office within the United States as they have by law or usage in the courts or offices of the State, Territory, or country, as aforesaid, from which they are taken. Act March 27, 1804, c. 56, SS 1, 2, 2 Stat. 298, 299. Act Feb. 21, 1871, c. 62, 16 Stat. 419. Sec. 907. Copies of foreign records, etc., relating to land-titles in the United States. It shall be lawful for any keeper or person having the custody of laws, judgments, orders, decrees, journals, correspondence, or other public documents of any foreign government or its agents, relating to the title to lands claimed by or under the United States, on the application of the head of one of the Departments, the Solicitor of the Treasury, or the Commissioner of the General Land-Office, to authenticate copies thereof under his hand and seal, and to certify them to be correct and true copies of such laws, judgments, orders, decrees, journals, correspondence, or other public documents, re- spectively; and when such copies are certified by an American min- ister or consul, under his hand and seal of office, to be true copies of the originals, they shall be sealed up by him and returned to the Solicitor of the Treasury, who shall file them in his office, and cause them to be recorded in a book to be kept for that purpose. A copy of any such law, judgment, order, decree, journal, correspond- ence, or other public document, so filed, or of the same so recorded in said book, may be read in evidence in any court, where the title to land claimed by or under the United States may come into ques- tion, equally with the originals. Act Feb. 22, 1849, c. 61, § 1, 9 Stat. 346. Act March 2, 1849, c. 82, 9 Stat. 350. Sec. 908. Little & Brown's edition of the Statutes to be evidence. The edition of the laws and treaties of the United States, pub- lished by Little & Brown, shall be competent evidence of the several public and private acts of Congress, and of the several treaties there- in contained, in all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United Secs. 908–910) 679 Tit. 13—THE JUDICIARY-Ch. 17. States, and of the several States, without any further proof or au- thentication thereof. Act Aug. 8, 1846, c. 100, $ 2, 9 Stat. 76. Provisions making the Revised Statutes of the United States, the sup- plements thereto, the pamphlet copies of the laws of each session of Congress, and the Statutes at Large, prima facie evidence of the con- tents thereof, are contained in Acts of Congress set forth, post, under Title XLV, "Public Printing, Advertisements, and Public Documents," and in the Appendix to this compilation. Sec. 909. Burden of proof, when it lies on claimant in seizure cases. In suits or informations brought, where any seizure is made pur- suant to any act providing for or regulating the collection of duties on imports or tonnage, if the property is claimed by any person, the burden of proof shall lie upon such claimant: Provided, That prob- able cause is shown for such prosecution, to be judged of by the court. Act March 2, 1799, c. 22, $$ 70, 71, 1 Stat. 678. Provisions as to the burden of proof in actions to recover internal revenue taxes, collected under second assessments, to show absence of fraud in list, statement, or return, are found in Rev. St. $ 3225. Provisions relating to burden of proof on trial of right to seized dis- tilled spirits are found in Rev. St. $ 3333. Sec. 910. Possessory actions for recovery of mining titles. No possessory action between persons, in any court of the United States, for the recovery of any mining title, or for damages to any such title, shall be affected by the fact that the paramount title to the land in which such mines lie is in the United States; but each case shall be adjudged by the law of possession. Act Feb. 27, 1865, c. 64, § 9, 13 Stat. 441. Provisions relating to witnesses, depositions and subpoenas, connected with investigations in any of the departments, are to be found in Rev. St. $S 183-186. The examination of witnesses in congressional investigations is pro- vided for by chapter 7 of Title II, “The Congress.” For provisions relating to witnesses, evidence, depositions, etc., in causes before the Court of Claims, see chapter 21 of this Title. For provisions as to fees and mileage of witnesses, see chapter 16 of this Title. The courts of the United States are authorized in the trial of actions at law, after motion and due notice, to require the parties to a cause to produce books or writings containing evidence pertinent to the issue in cases and under circumstances where they might be compelled to produce the same by the ordinary rule of proceeding in chancery, by Rev. St. § 724. The same section also provides for judgment against either party in case of failure to produce the books or writings. Provisions relating to the administration of oaths, witnesses, evi- dence, and depositions in bankruptcy proceedings are contained in the bankruptcy act of 1898, Act July 1, 1898, c. 541, 88 20, 21, post, under title LXI, "Bankruptcy." 680 Tit. 13-THE JUDICIARY —Ch. 18. CHAPTER EIGHTEEN. Procedure. Sec. 911. Sealing and testing of writs. 912. Teste of process, day of. 913. Mesne process, and proceedings in equity and admiralty. 914. Practice and proceedings in other than equity and admiralty causes. 915. Attachments. 916. Executions in common-law caus- es. 917. Power of the Supreme Court to regulate the practice of circuit and district courts. 918. Practice in the several courts to be regulated by their own rules. 919. Suits for duties, imposts, taxes, penalties, or forfeitures. 920. Consolidation of revenue seizures. 921. Orders to save costs, and con- solidation of causes of a like na- ture. 922. When the marshal or his deputy is a party in a cause. 923. Seizure for forfeiture in certain cases. 924. Attachment in postal suits. 925. Application for warrant; by whom and how made. 926. Issuing warrant; duty of clerk and marshal. 927. Ownership of attached property; trial; other remedies. 928. Proceeds of attached property to be invested. 929. Publication of attachment. 930. Persons having property of de fendants to account for it; sales void; personal notice. 931. Discharge of attachment; bond. 932. Accrued rights not to be abridged. 933. Attachments dissolved in con- formity with State laws. 934. Property taken under taken under revenue laws irrepleviable. 935. Garnishees in suits by the United States, on notes, etc. 936. Issue tendered when garnishee de- nies indebtedness. 937. Garnishee failing to appear. Sec. 938. Bailing of property seized under customs laws. 939. Sale after condemnation. 940. In cases of seizure, bailing of property in vacation. 941. Delivery bond in admiralty pro- ceedings. 942. Special bail required in suits for duties and penalties. 943. When defendant giving bail in one district is committed in an- other. 944. Defendant held until judgment in the first suit. 945. Bail and affidavits may be taken by commissioners of circuit courts. 946. Calling of bail in Kentucky. 947. When clerks may take bail de bene esse. 948. Amendment of process. 949. Priority of cases in which a State is a party 950. Notice of case for trial. 951. Suits of United States against in- dividuals, what credits allowed. 952. In suits under postal laws, what credits allowed. 953. Bill of exceptions. 954. Defeets of form; amendments. 955. Death of parties. 956. When one of several plaintiffs or defendants dies. Act Feb. 8, 1899, c. 121. Suits against officers, not abated by death, expiration of term, etc. 957. Delinquents for public money; judgment at return term, un- less, etc. 958. Suits under postal laws; judg- ment at return term, unless, etc. 959. Suits on debentures; judgment at return term, unless, etc. 960. Suits on bonds for recovery of du- ties; judgment at return term, unless, etc. 961. Judgment for sum due in equity on bonds, etc. Tit. 13— THE JUDICIARY —Ch. 18. 681 Sec. 962. Judgment for duties, etc., to state that it is to be collected in coin. 963. Interest on bonds for duties. 964. Interest on balances due Post- Oflice Department. 965. Interest on debentures. 966. Interest on judgments. 967. When judgments of United States courts cease to be liens. Act Aug. 1, 1888, c. 729. 1. Judgments of United States courts to be liens as are judgments of State courts; judgments to be recorded under State laws. 2. Indices of judgment records to be kept by clerks of courts. 3. Record not required in State office in county where judgment is rendered. 968. When plaintiff or petitioner re- covers in a circuit court less than certain amounts, he recov- ers no costs. 969. Costs in internal-revenue suits up- on information. 970. Claimant not entitled to costs when reasonable cause of sei- zure. 971. Double costs when plaintiff is non-suited in action against of- ficer making seizure, etc. 972. Copyright suits; full costs al- lowed. 973. Costs not recoverable in certain suits for infringement of pat- ent, unless disclaimer entered, etc. 974. When costs of prosecution to be paid by defendant. 975. When costs are recovered by de- fendant in a prosecution. 976. Fees of clerk, marshal, etc.; when payable by informer; when by United States. 977. Costs when several actions are brought against parties who might be joined in one. 978. Allowance of costs in libels against vessel and cargo. 979. Claimant's costs to be paid be- fore possession, when, etc. 980. When district attorney is entitled to but one bill of costs for sev- eral prosecutions. Sec. 981. Taxation of fees of witness be- fore a commissioner. Act March 3, 1877, c. 105, $ 1. Taxation of cost of printing records in Supreme Court and Court of Claims. 982. Attorney liable for costs vexa- tiously increased by him. 983. Bill of costs, how taxed. 984. Bill of costs to be sworn to be- fore taxed or allowed. Act July 20, 1892, c. 209. 1. Suits by poor persons without pre- payment of fees or costs; affi- davit of poverty. 2. Suing as poor person after de- mand for fees, etc., is made. 3. Suits by poor persons; process, etc., to issue. 4. Assignment of attorney to repre- sent poor person; dismissal of suit. 5. Suits by poor persons; judgment for costs; liability of United States for costs. 985. Executions to run in all the dis tricts of a State. 986. Executions in favor of United States to run in every State and Territory. 987. Executions stayed on conditions. 988. When judgment debtor entitled to a continuance of one term. 989. Execution not to issue against officers of revenue in cases of probable cause, etc. 990. Imprisonment for debt. 991. Discharge from arrest or impris- onment on mesne or final pro- cess. 992. Privileges of jail-limits. 993. Goods taken on a fieri facias, how appraised. Act March 3, 1893, c. 225. 1. Sale of real property under order or decree. 2. Sale of personal property under order or decree. 3. Publication of notice of sale of real property. 994. Death of marshal after levy or after sale. 995. Moneys paid into court, where and how deposited. 682 Tit. 13— THE JUDICIARY —Ch. 18. Sec. 996. How moneys deposited to be withdrawn; [moneys remain- ing unclaimed.] PROCEDURE ON ERROR AND AP- PEAL. 997. Removal of causes by writ of er- ror. 998. Citation. 999. Citation; Supreme Court. 1000. Bond in error and on appeal. 1001. No bond required of United States, etc. 1002. Writs of error to district courts acting as circuit courts. 1003. Writs of error to State courts, manner of issue. 1004. Writs of error returnable to the Supreme Court, how issued. 1005. Amendment of writ of error. 1006. Amendments in prize appeals. 1007. Supersedeas. 1008. Writs of error and appeals to Supreme Court, time for tak- ing. 1009. Appeals in prize causes, within what time. 1010. Damages and costs on affirmance in error. 1011. Reversal on error limited. 1012. Appeals from circuit courts to Su- preme Court. 1013. Where both parties appeal to the Supreme Court, one record suffi- cient. Sec. 1017. Bail in criminal cases removed by writ of error from State courts. 1018. Surrender of criminals by their bail. 1019. New bail to be given in certain cases. 1020. When penalty of recognizances may be remitted. 1021. Indictments and presentments to be by at least twelve grand ju- rors. 1022. Offenses against the elective fran- chise, how prosecuted. 1023. Matters set forth in prosecutions for perjury before a naval court- martial. 1024. Charges which may be joined in one indictment shall be so join- ed. 1025. Indictments; defects of form. 1026. Judgment on demurrer to an in- dictment. 1027. When several indictments against the same person, one writ suffi- cient. 1028. Copy of writ to be jailer's au- thority; original returned. 1029. Writ for removal of a prisoner from one district to another. 1030. No writ necessary to bring into court a person in custody. 1031. When peremptory challenges ex- ceed the number allowed by law. 1032. Prisoner standing mute, etc. 1033. Copy of indictment and list of jurors and witnesses to be de- livered to prisoner in capital cases. 1034. Persons indicted for capital crimes entitled to counsel and to compel witnesses. 1035. Verdict of less offense than char- ged. 1036. Verdict against part of several joint defendants. 1037. Indictments remitted by circuit and district courts to each oth- er. 1038. Remission from district to circuit court of difficult cases. 1039. All capital cases remitted from district to circuit courts. CRIMINAL PROCEDURE. 1014. Offenders against the United States, how arrested and re- moved for trial. Act Aug. 18, 1894, c. 301, $ 1. Prisoners to be taken before nearest officer for hearing; complaint to be attached to warrant. Act May 28, 1896, c. 252, § 19. Warrants of arrest for violation of internal-revenue laws. 1015. Bail shall be admitted in cases not capital; by whom. 1016. Bail may be admitted in capital cases; by whom. Act March 1, 1879, c. 125, $ 9. Arrest of persons found operating illicit distillery; bail. Secs. 911-913) 683 Tit. 13— THE JUDICIARY –Ch. 18. Sec. Sec. 1040. When a capital case is carried to 1041. Judgments for fines, how col- the Supreme Court, execution lected. postponed. 1042. Poor convicts sentenced and im- prisoned for fines. Sec. 911. Sealing and testing of writs. All writs and processes issuing from the courts of the United States shall be under the seal of the court from which they issue, and shall be signed by the clerk thereof. Those issuing from the Supreme Court or a circuit court shall bear teste of the Chief Jus- tice of the United States, or, when that office is vacant, of the asso- ciate justice next in precedence, and those issuing from a district court shall bear teste of the judge, or, when that office is vacant, of the clerk thereof. The seals of said courts shall be provided at the . expense of the United States. Act May 8, 1792, c. 36, § 1, 1 Stat. 275. Power is conferred on the various courts of the United States to is- sue all writs not specially authorized by statute, which may be neces- sary for the exercise of their respective jurisdictions, and agreeable to the usages and principles of law, by Rev. St. § 716. Provision is made for the issuance of writs of ne exeat by Rev. St. $ 717. Provisions re- lating to the writ of injunction are contained in Rev. St. 88 717-721. The writ of habeas corpus is provided for by chapter 13 of this Title. Provisions relating to the return of process to the judicial districts or divisions thereof are contained in chapter 1 of this Title. Provisions relating to the districts in which various suits or proceed- ings are to be brought are contained in Rev. St. 88 732–745. Sec. 912. Teste of process, day of. All process issued from the courts of the United States shall bear teste from the day of such issue. Act June 1, 1872, c. 255, § 4, 17 Stat. 197. Sec. 913. Mesne process, and proceedings in equity and admiralty. The forms of mesne process and the forms and modes of pro- ceeding in suits of equity and of admiralty and maritime jurisdiction in the circuit and district courts shall be according to the principles, rules, and usages which belong to courts of equity and of admiralty, respectively, except when it is otherwise provided by statute or by rules of court made in pursuance thereof; but the same shall be subject to alteration and addition by the said courts, respectively, and to regulation by the Supreme Court, by rules prescribed, from time to time, to any circuit or district court, not inconsistent with the laws of the United States. Act Sept. 29, 1789, c. 21, $ 2, 1 Stat. 93. Act May 8, 1792, c. 36, $ 2, 1 Stat. 276. Act May 19, 1828, c. 68, § 1, 4 Stat. 278. Act Aug, 1, 1842, c. 109, 5 Stat. 499. Procedure in prize causes is prescribed by Rev. St. $$ 4618-4652. 684 (Secs. 914-917 Tit. 13-THE JUDICIARY-Ch. 18. Sec. 914. Practice and proceedings in other than equity and admiralty causes. The practice, pleadings, and forms and modes of proceeding in civil causes, other than equity and admiralty causes, in the circuit and district courts, shall conform, as near as may be, to the practice, pleadings, and forms and modes of proceeding existing at the time in like causes in the courts of record of the State within which such circuit or district courts are held, any rule of court to the contrary notwithstanding Act June 1, 1872, c. 253, § 5, 17 Stat. 197. Similar provisions relating to proceedings under Act Aug. 1, 1888, c. 728, for condemnation of land for sites of public buildings, are contained in section 2 of that act, post, under Title XLIII A, “Public Buildings and Works." Sec. 915. Attachments. In common-law causes in the circuit and district courts the plain- tiff shall be entitled to similar remedies, by attachment or other process, against the property of the defendant, which are now pro- vided by the laws of the State in which such court is held for the courts thereof; and such circuit or district courts may, from time to time, by general rules, adopt such State laws as may be in force in the States where they are held in relation to attachments and other process: Provided, That similar preliminary affidavits or proofs, and similar security, as required by such State laws, shall be first furnished by the party seeking such attachment or other remedy. Act June 1, 1872, c. 255, $ 6, 17 Stat. 197. Attachments in postal suits are provided for by Rev. St. $$ 924–932. The dissolution of attachments, in conformity with State laws, is provided for by Rev. St. 8 933. Sec. 916. Executions in common-law causes. The party recovering a judgment in any common-law cause in any circuit or district court, shall be entitled to similar remedies upon the same, by execution or otherwise, to reach the property of the judgment debtor, as are now provided in like causes by the laws of the State in which such court is held, or by any such laws here- after enacted which may be adopted by general rules of such circuit or district court; and such courts may, from time to time, by gen- eral rules, adopt such State laws as may hereafter be in force in such State in relation to remedies upon judgments, as aforesaid, by execution or otherwise. Act June 1, 1872, c. 255, 86, 17 Stat. 197. Sec. 917. Power of the Supreme Court to regulate the practice of circuit and district courts. The Supreme Court shall have power to prescribe, from time to Secs. 918-921) 685 Tit. 13—THE JUDICIARY —Ch. 18. time, and in any manner not inconsistent with any law of the United States, the forms of writs and other process, the modes of framing and filing proceedings and pleadings, of taking and obtaining evi- dence, of obtaining discovery, of proceeding to obtain relief, of draw- ing up, entering, and enrolling decrees, and of proceeding before trustees appointed by the court, and generally to regulate the whole practice, to be used, in suits in equity or admiralty, by the circuit and district courts. Act Aug. 23, 1842, c. 188, § 6, 5 Stat. 518. Sec. 918. Practice in the several courts to be regulated by their own rules. The several circuit and district courts may, from time to time, and in any manner not inconsistent with any law of the United States, or with any rule prescribed by the Supreme Court under the preceding section, make rules and orders directing the returning of writs and processes, the filing of pleadings, the taking of rules, the entering and making up of judgments by default, and other matters in vacation, and otherwise regulate their own practice as may be necessary or convenient for the advancement of justice and the pre- vention of delays in proceedings. Act March 2, 1793, c. 22, § 7, 1 Stat. 335. Act Aug. 23, 1842, c. 188, $ 6, 5 Stat. 518. Sec. 919. Suits for duties, imposts, taxes, penalties, or forfeitures. All suits for the recovery of any duties, imposts, or taxes, or for the enforcement of any penalty or forfeiture provided by any act respecting imports or tonnage, or the registering and recording or enrolling and licensing of vessels, or the internal revenue, or direct taxes, and all suits arising under the postal laws, shall be brought in the name of the United States. Act Aug. 4, 1790, c. 35, § 67, 1 Stat. 176. Act Dec. 31, 1792, c. 1, $ 29, 1 Stat. 298. Act Feb. 18, 1793, c. 8, § 35, 1 Stat. 317. Act March 2, 1799, c. 22, $ 89, 1 Stat. 695, 696. Act July 13, 1866, c. 184, $ 9, 14 Stat. 111, 145. Act June 8, 1872, c. 335, § 303, 17 Stat. 323. Sec. 920. Consolidation of revenue seizures. Whenever two or more things belonging to the same person are seized for an alleged violation of the revenue laws, the whole must be included in one suit; and if separate actions are prosecuted in such cases, the court shall consolidate them. Act Feb. 26, 1853, c. 80, § 1, 10 Stat. 162. Sec. 921. Orders to save costs, and consolidation of causes of a like nature. When causes of a like nature or relative to the same question are pending before a court of the United States, or of any Territory, 686 (Secs. 922–924 Tit. 13— THE JUDICIARY—Ch. 18. the court may make such orders and rules concerning proceedings therein as may be conformable to the usages of courts for avoiding unnecessary costs or delay in the administration of justice, and may consolidate said causes when it appears reasonable to do so. Act July 22, 1813, c. 14, § 3, 3 Stat. 21, Sec. 922. When the marshal or his deputy is a party in a cause. When the marshal or his deputy is a party in any cause, the writs and precepts therein shall be directed to such disinterested person as the court or any justice or judge thereof may appoint, and the person so appointed may execute and return them. Act Sept. 24, 1789, c. 20, § 28, 1 Stat. 87 Sec. 923. Seizure for forfeiture in certain cases. When any vessel, goods, wares, or merchandise are seized by any officer of the customs, and prosecuted for forfeiture by virtue of any law respecting the revenue, or the registering and recording, or the enrolling and licensing of vessels, the court shall cause fourteen days' notice to be given of such seizure and libel, by causing the substance of such libel, with the order of the court thereon, setting forth the time and place appointed for trial, to be inserted in some newspaper published near the place of seizure, and by posting up the same in the most public manner for the space of fourteen days, at or near the place of trial; and proclamation shall be made in such manner as the court shall direct. And if no person appears and claims such vessel, goods, wares, or merchandise, and gives , bond to defend the prosecution thereof and to respond the cost in case he shall not support his claim, the court shall proceed to hear and determine the cause according to law. Act Aug. 4, 1790, c. 35, $ 67, 1 Stat. 176. Act Dec. 31, 1792, c. 1, $ 29, 1 Stat. 298. Act Feb. 18, 1793, c. 8, § 35, 1 Stat. 317. Act March 2, 1799, c. 22, S$ 70, 89, 1 Stat. 678, 695, 696. Sec. 924. Attachment in postal suits. In all cases where debts are due from defaulting or delinquent postmasters, contractors, or other officers, agents, or employés of the Post-Office Department, a warrant of attachment may issue against all real and personal property and legal and equitable rights belonging to such officer, agent, or employé, and his sureties, or either of them, in the following cases: First. When such officer, agent, or employé, and his sureties, or either of them, is a non-resident of the district where such officer, agent, or employé was appointed, or has departed from such district for the purpose of permanently residing out of the same, or of de- frauding the United States, or of avoiding the service of civil process. Second. When such officer, agent, or employé, and his sureties, Secs. 924-927) 687 – Tit. 13— THE JUDICIARY—Ch. 18. . or either of them, has conveyed away, or is about to convey away his property, or any part thereof, or has removed or is about to remove the same or any part thereof from the district wherein it is situate, with intent to defraud the United States. And when any such property has been removed, certified copies of the warrant may be sent to the marshal of the district into which the same has been removed, under which certified copies he may seize said property and convey it to some convenient point within the jurisdiction of the court from which the warrant originally issued. And alias warrants may be issued in such cases upon due applica- tion, and the validity of the warrant first issued shall continue until the return day thereof. Act Feb. 23, 1865, c. 47, § 1, 13 Stat. 432, 433. Sec. 925. Application for warrant; by whom and how made. Application for such warrant of attachment may be made by any district or assistant district attorney, or any other person authorized by the Postmaster-General, before the judge, or, in his absence, be- fore the clerk of any court of the United States having original jurisdiction of the cause of action. And such application shall be made upon an affidavit of the applicant, or of some other credible person, stating the existence of either of the grounds of attachment en imerated in the preceding section, and upon production of legal evidence of the debt. Act Feb. 23, 1865, c. 47, § 2, 13 Stat. 433. Sec. 926. Issuing warrant; duty of clerk and marshal. Upon any such application and upon due order of any judge of the court, or, in his absence, without such order, the clerk shall issue a warrant for the attachment of all the property of any kind belonging to the person specified in the affidavit, which warrant shall be executed with all possible dispatch by the marshal, who shall take the property attached, if personal, into his custody, and hold the same subject to all interlocutory or final orders of the court. Act Feb. 23, 1865, c. 47, § 2, 13 Stat. 433. Sec. 927. Ownership of attached property; trial; other remedies. At any time within twenty days before the return day of such warrant, the party whose property is attached may, on giving notice to the district attorney of his intention, file a plea in abatement, traversing the allegations of the affidavit, or denying the ownership of the property attached to be in the defendants or either of them; in which case the court may, upon application of either party, order an immediate trial by jury of the issues raised by the affidavit and plea; but the parties may, by consent, waive a trial by jury, in which 688 (Secs. 928–931 Tit. 13— THE JUDICIARY—Ch. 18. case the court shall decide the issues raised. And any party claim- ing ownership of the property attached and a specific return thereof, shall be confined to the remedy herein afforded, but his right to an action of trespass, or other action for damages, shall not be im- paired hereby. Act Feb. 23, 1865, c. 47, § 3, 13 Stat. 433. Sec. 928. Proceeds of attached property to be invested. When the property attached is sold on any interlocutory order of the court or is producing any revenue, the money arising from such sale or revenue shall be invested in securities of the United States, under the order of the court, and all accretions shall be held subject to the orders of the same. Act Feb. 23, 1865, c. 47, § 4, 13 Stat. 433. Sec. 929. Publication of attachment. Immediately upon the execution of any such warrant of attach- ment, the marshal shall cause due publication thereof to be made, in the case of absconding debtors for two months and of non-resi- dents for four months. The publication shall be made in some newspaper published in the district where the property is situate, and the details thereof shall be regulated by the order under which the warrant is issued. Act Feb. 23, 1865, c. 47, § 5, 13 Stat. 434. Sec. 930. Persons having property of defendants to account for it; sales void; personal notice. After the first publication of such notice of attachment as re- quired by law, every person indebted to, or having possession of any property belonging to, the said defendants, or either of thein, and hav- ing knowledge of such notice, shall account and answer for the amount of such debt and the value of such property; and any disposal or ; attempt to dispose of any such property, to the injury of the United States, shall be illegal and void. And when the person indebted to, or having possession of the property of, such defendants, or either of them, is known to the district attorney or marshal, such officer shall see that personal notice of the attachment is served upon such person, but the want of such notice shall not invalidate the attach- ment. Act Feb. 23, 1863, c. 47, § 6, 13 Stat. 434. Sec. 931. Discharge of attachment; bond. Upon application of the party whose property has been attached, the court, or any judge thereof, may discharge the warrant of at- Secs. 932–935) 689 Tit. 13—THE JUDICIARY —Ch. 18. tachment as to the property of the applicant, provided such applicant shall execute to the United States a good and sufficient penal bond, in double the value of the property attached, to be approved by a judge of the court, and with condition for the return of said prop- erty, or to answer any judgment which may be rendered by the court in the premises. Act Feb. 23, 1865, c. 47, § 7, 13 Stat. 434. Sec. 932. Accrued rights not to be abridged. Nothing contained in the preceding eight sections shall be con- strued to limit or abridge, in any manner, such rights of the United States as have accrued or been allowed in any district under the former practice of, or the adoption of State laws by, the United States courts. Act Feb. 23, 1865, c. 47, § 9, 13 Stat. 434. Sec. 933. Attachments dissolved in conformity with State laws. An attachment of property, upon process instituted in any court of the United States, to satisfy such judgment as may be recovered by the plaintiff therein, except in the cases mentioned in the preced- ing nine sections, shall be dissolved when any contingency occurs by which, according to the laws of the State where said court is held, such attachment would be dissolved upon like process instituted in the courts of said State: Provided, That nothing herein con- tained shall interfere with any priority of the United States in the payment of debts. Act March 14, 1848, c. 18, § 1, 9 Stat. 213. Act Feb. 23, 1865, c. 47, 88 1, 9, 13 Stat. 432, 434. Sec. 934. Property taken under revenue laws irrepleviable. All property taken or detained by any officer or other person, under authority of any revenue law of the United States, shall be irrepleviable, and shall be deemed to be in the custody of the law, and subject only to the orders and decrees of the courts of the United States having jurisdiction thereof. Act March 2, 1833, c. 57, § 2, 4 Stat. 632. Act July 13, 1866, c. 184, § 67, 14 Stat. 172. Sec. 935. Garnishees in suits by the United States, on notes, etc. In any suit by the United States against a corporation for the recovery of money upon a bill, note, or other security, the debtors of the corporation may be summoned as garnishees; and it shall be the duty of any person so summoned to appear in open court and to depose, in writing, to the amount which he was indebted to LAWS '01-44 690 (Secs. 936-938 Tit. 13—THE JUDICIARY —Ch. 18. the said corporation at the time of the service of the summons and at the time of making such deposition; and judgment may be en- tered in favor of the United States for the sum admitted by such garnishee to be due to the said corporation, in the same manner as if it had been due to the United States: Provided, That no judgment shall be entered against any garnishee until after judg- ment has been rendered against the corporation defendant to the said action, nor until the sum in which the garnishee stands indebted is actually due. Act April 20, 1818, c. 83, § 8, 3 Stat. 443. Sec. 936. Issue tendered when garnishee denies indebtedness. When any person summoned as garnishee deposes in open court that he is not, and was not at the time of the service of the sum- mons, indebted to such corporation, an issue may be tendered by the United States upon such demand, and if, upon the trial of that issue, a verdict is rendered against the garnishee, judgment shall be entered in favor of the United States, pursuant to such verdict, with costs of suit. Act April 20, 1818, c. 83, § 9, 3 Stat. 443. Sec. 937. Garnishee failing to appear. If any person summoned as garnishee, as aforesaid, fails to ap- pear at the term of the court to which he is summoned, he shall be subject to attachment for contempt of the court. Act April 20, 1818, c. 83, § 10, 3 Stat. 444. Sec. 938. Bailing of property seized under customs laws. Upon the prayer of any claimant to the court, that any vessel, goods, wares, or merchandise, seized and prosecuted under any law respecting the revenue from imports or tonnage, or the registering and recording, or the enrolling and licensing of vessels, or any part thereof, should be delivered to him, the court shall appoint three proper persons to appraise such property, who shall be sworn in open court, or before a commissioner appointed by the district court to administer oaths to appraisers, for the faithful discharge of their duty; and the appraisement shall be made at the expense of the party on whose prayer it is granted. If, on the return of the ap- praisement, the claimant, with one or more sureties, to be approved by the court, shall execute a bond to the United States for the pay- ment of a sum equal to the sum at which the property prayed to be delivered is appraised, and produce a certificate from the collector of the district where the trial is had, and of the naval officer there- of, if any there be, that the duties on the goods, wares, and mer- chandise, or tonnage-duty on the vessel so claimed, have been paid Secs. 938–940) 691 Tit. 13—THE JUDICIARY —Ch. 18. or secured in like manner as if the same had been legally entered, the court shall, by rule, order such vessel, goods, wares, or mer- chandise to be delivered to such claimant; and the said bond shall be lodged with the proper officer of the court. If judgment passes in favor of the clainiant, the court shall cause the said bond to be canceled; but if judgment passes against the claimant, as to the whole or any part of such vessel, goods, wares, or merchandise, and the claimant does not within twenty days thereafter pay into the court, or to the proper officer thereof, the amount of the appraised value of such vessel, goods, wares, or merchandise so condemned, with the costs, judgment shall be granted upon the bond, on motion in open court, without further delay. Act Aug. 4, 1790, c. 35, $ 67, 1 Stat. 176. Act Dec. 31, 1792, c. 1, § 29, 1 Stat. 298. Act Feb. 18, 1793, c. 8, § 35, 1 Stat. 317. Act June 9, 1794, c. 64, § 1, 1 Stat. 395. Act March 2, 1799, c. 22, § 89, 1 Stat. 695, 696. The oath of the appraisers is provided for by Rev. St. & 570. Sec. 939. Sale after condemnation. All vessels, goods, wares, or merchandise which shall be con- demned by virtue of any law respecting the revenue from imports or tonnage, or the registering and recording, or the enrolling and licensing of vessels, and for which bonds shall not have been given by the claimant, shall be sold by the marshal or other proper officer of the court in which condemnation shall be had, to the highest bidder, at public auction, by order of such court, and at such place as the court may appoint, giving at least fifteen days' notice (except in cases of perishable merchandise) in one or more of the public newspapers of the place where such sale shall be; or if no paper is published in such place, in one or more of the papers published in the nearest place thereto; for which advertising, a sum not exceed- ing five dollars shall be paid. And the amount of such sales, de- ducting all proper charges, shall be paid within ten days after such sale by the person selling the same to the clerk or other proper officer of the court directing such sale, to be by him, after deduct- ing the charges allowed by the court, paid to the collector of the district in which such seizure or forfeiture has taken place, as here- inbefore directed. Act Aug. 4, 1790, c. 35, § 68, 1 Stat. 177. Act Dec. 31, 1792, c. 1, $ 29, 1 Stat. 298. Act Feb. 18, 1793, c. 8, § 35, 1 Stat. 317. Act March 2, 1799, c. 22, $ 90, 1 Stat. 696. The sale of prize property found to be perishing, perishable, or liable to deteriorate, etc., is authorized and regulated by Rev. St. 88 4627- 4629. Sec. 940. In cases of seizure, bailing of property in vacation. In any cause of admiralty and maritime jurisdiction, or other case of seizure, depending in any court of the United States, any 692 (Sec. 941 Tit. 13— THE JUDICIARY —Ch. 18. judge of the said court, in vacation, shall have the same authority to order any vessel, or cargo, or other property to be delivered to the claimants, upon bail or bond, or to be sold when necessary, as the said court has in term time, and to appoint appraisers, and ex- ercise every other incidental power necessary to the complete exe- cution of the authority herein granted; and the recognizance of bail or bond, under such order, may be executed before the clerk upon the party's producing the certificate of the collector of the district, of the sufficiency of the security offered; and the same proceedings shall be had in case of said order of delivery or of sale, as are had in like cases when ordered in term time: Provided, That upon every such application, either for an order of delivery or of sale, the collector and the attorney of the district shall have reasonable notice in cases of the United States, and the party or counsel in all other cases. Act Aug. 4, 1790, c. 35, $ 67, 1 Stat. 176. Act Dec. 31, 1792, c. 1, $ 29, 1 Stat. 298. Act Feb. 18, 1793, c. 8, $ 35, 1 Stat. 317. Act March 2, 1799, c. 22, $ 89, 1 Stat. 695, 696. Act April 5, 1832, c. 66, 4 Stat. 503. cause. Sec. 941. [As amended 1899.] Delivery bond in admiralty proceedings. When a warrant of arrest or other process in rem is issued in any cause of admiralty jurisdiction, except in cases of seizures for for- feiture under any law of the United States, the marshal shall stay the execution of such process, or discharge the property arrested if the process has been levied, on receiving from the claimant of the property a bond or stipulation in double the amount claimed by the libelant, with sufficient surety, to be approved by the judge of the court where the cause is pending, or, in his absence, by the collector of the port, conditioned to answer the decree of the court in such Such bond or stipulation shall be returned to the court, and judgment thereon, against both the principal and sureties, may be recovered at the time of rendering the decree in the original cause. And the owner of any vessel may cause to be executed and deliv- ered to the marshal a bond or stipulation, with sufficient surety, to be approved by the judge of the court in which he is marshal, con- ditioned to answer the decree of said court in all or any cases that shall thereafter be brought in said court against the said vessel, and thereupon the execution of all such process against said vessel shall be stayed so long as the amount secured by such bond or stipula- tion shall be at least double the aggregate amount claimed by the libelants in such suits which shall be begun and pending against said vessel; and like judgments and remedies may be had on said bond or stipulation as if a special bond or stipulation had been filed in each of said suits. The court may make such orders as may be necessary to carry this section into effect, and especially for the giving of proper notice of any such suit. Such bond or stipulation shall be indorsed by the clerk with a minute of the suits wherein process is so stayed, and further security may at any time be re- quired by the court. If a special bond or stipulation in the par- Secs. 941-943) 693 Tit. 13— THE JUDICIARY-Ch. 18. ticular cause shall be given under this section, the liability as to said cause on the general bond or stipulation shall cease. Act Aug. 4, 1790, c. 35, $ 67, 1 Stat. 176. Act Dec. 31, 1792, c. 1, $ 29, 1 Stat. 298. Act Feb. 18, 1793, c. 8, § 35, 1 Stat. 317. Act March 2, 1799, c. 22, § 89, 1 Stat. 695, 696. Act March 3, 1847, c. 55, 9 Stat. 181. Act March 3, 1899, c. 441, 30 Stat. 1354. This section was amended by Act March 3, 1899, c. 441, cited above, by adding, after the words "at the time of rendering the decree in the original cause," at the end of the section as originally enacted, the pro- visions beginning with the words, “And the owner of any vessel may cause,” etc., to the end of the section as set forth here. The object of this amendment, as stated in H. R. report No. 1,691 (55th Cong., 3rd Sess.), accompanying the act, was "to prevent the blackmailing of ves- sels by seizing them just as they are leaving port on their way, at some lonely place or unusual time, sometimes on a Saturday afternoon or evening, in order to force the payment of unjust claims." The delivery of prize property to the claimants on stipulation, deposit, or other security, is restricted and regulated by Rev. St. § 4626. Sec. 942. Special bail required in suits for duties and penalties. In all suits or prosecutions for the recovery of duties or pecuniary penalties prescribed by the laws of the United States, commenced in any State where, by the laws thereof, imprisonment for debt shall not have been abolished, the person against whom process is issued shall be held to special bail, subject to the rules which prevail in civil suits in which special bail is required. Act March 2, 1799, c. 22, $ 65, 1 Stat. 676. Act Feb. 28, 1839, c. 35, 5 Stat. 321. Act Jan. 14, 1841, c. 2, 5 Stat. 410. Persons liable, under Rev. St. $ 3490, to suit for penalties and double damages for presenting false claims against the United States, may be arrested and held to bail, by Rev. St. $ 3492. Sec. 943. When defendant giving bail in one district is committed in another. When a defendant who has procured bail to respond to the judg- ment in a suit in any court of the United States in any district is afterward arrested in any other district and is committed to a jail, the use of which had been ceded to the United States for the cus- tody of prisoners, the judge of the court wherein the suit in which the defendant has so procured bail is depending, shall, at the re- quest of the bail, order that such defendant be held in said jail, in the custody of the marshal of the district in which it is. The said marshal, upon the delivery of such order, duly authenticated, shall receive such person into his custody, and thereupon be chargeable for an escape, and shall forthwith make a certificate, under his hand and seal, of such commitment, and transmit the same to the court from which the order issued, and, if required, shall make and de- liver to such bail or to his attorney a duplicate thereof, Upon the return of said certificate, the court which made the said order, or any judge thereof, may direct that an exoneretur be entered upon the bail-piece, where special bail shall have been found, or otherwise discharge such bail. Act March 2, 1799, c. 32, § 1, 1 Stat. 727. 694 (Secs. 944-947 Tit. 13— THE JUDICIARY --Ch. 18. Sec. 944. Defendant held until judgment in the first suit. When a defendant is committed by virtue of the order provided in the preceding section, he shall, unless sooner discharged by law, be holden in jail until final judgment is rendered in the suit in which he procured bail as aforesaid, and sixty days thereafter, if such judgment is rendered against him, in order that he may be charged in execution, which may, in such cases, be directed to and served by the marshal in whose custody he is. Act March 2, 1799, c. 32, & 3, 1 Stat. 727. Sec. 945. Bail and affidavits may be taken by commissioners of circuit courts. Bail and affidavits, when required or allowed in any civil cause in any circuit or district court, may be taken by a commissioner of the circuit court for the district; and such acknowledgments of bail and affidavits shall have the same effect as if taken before any judge of such courts. Act Feb. 20, 1812, c. 25, § 1, 2 Stat. 679. Act March 1, 1817, c. 30, 3 Stat. 350. The office of circuit court commissioner was abolished, the office of United States commissioner created in place thereof, and the powers and duties theretofore vested in circuit court commissioners vested in United States commissioners, by Act May 28, 1896, c. 252, § 19, as amended by Act March 2, 1901, c. 514, § 1, ante, under Rev. St. $ 627. Sec. 946. Calling of bail in Kentucky. When a bail-bond is given for the appearance of any person to answer in the district or circuit court for the district of Kentucky, the clerk of such court shall call the party at the time he is bound to appear. If the party fails, the clerk shall enter such failure on his minutes, and on said entry judgment may afterward be made of record by the court; but if the party appears, the clerk shall take another bond, with sureties similar to the first, for further appear- ance at the next succeeding term of the court, and if the party fails to give such other bond and surety, he shall stand committed by order of the clerk until he complies. Act May 15, 1862, c. 71, § 10, 12 Stat. 387. Sec. 947. When clerks may take bail de bene esse. Recognizances of special bail may be taken de bene esse by the clerks of the circuit and district courts, in the absence or in case of the disability of the judges, in any action depending in either of the said courts, where special bail is demandable. Act May 8, 1792, c. 36, § 10, 1 Stat. 278. Secs. 948–952) 695 Tit. 13— THE JUDICIARY—Ch. 18. Sec. 948. Amendment of process. Any circuit or district court may at any time, in its discretion, and upon such terms as it may deem just, allow an amendment of any process returnable to or before it, where the defect has not prejudiced, and the amendment will not injure the party against whom such process issues. Act June 1, 1872, c. 255, $ 3, 17 Stat. 197. Sec. 949. Priority of cases in which a State is a party. When a State is a party, or the execution of the revenue laws of a State is enjoined or stayed, in any suit in a court of the United States, such State or the party claiming under the revenue laws of a State, the execution whereof is enjoined or stayed, shall be en- titled, on showing sufficient reason, to have the cause heard at any time after it is docketed, in preference to any civil cause pending in such court between private parties. Act June 30, 1870, c. 181, 16 Stat. 176. Sec. 950. Notice of case for trial. In all civil actions in the courts of the United States either party may notice the same for trial. Act Feb. 28, 1871, c. 99, § 17, 16 Stat. 439. Sec. 951. Suits of United States against individuals, what credits allowed. In suits brought by the United States against individuals, no claim for a credit shall be admitted, upon trial, except such as ap- pear to have been presented to the accounting officers of the Treas- ury, for their examination, and to have been by them disallowed, in whole or in part, unless it is proved to the satisfaction of the court that the defendant is, at the time of the trial, in possession of vouchers not before in his power to procure, and that he was prevented from exhibiting a claim for such credit at the Treasury by absence from the United States or by some unavoidable accident. Act March 3, 1797, c. 20, § 3, 1 Stat. 514. Sec. 952. In suits under postal laws, what credits allowed. No claim for a credit shall be allowed upon the trial of any suit for delinquency against a postmaster, contractor, or other officer, agent, or employé of the Post-Office department, unless the same has been presented to the Sixth Auditor and by him disallowed, in whole or in part, or unless it is proved to the satisfaction of the court that the defendant is, at the time of trial, in possession of 696 (Secs. 953-954 Tit. 13— THE JUDICIARY —Ch. 18. vouchers not before in his power to procure, and that he was pre- vented from exhibiting to the said Auditor a claim for such credit by some unavoidable accident. Act July 2, 1836, c. 270, $ 15, 5 Stat. 82. Sec. 953. [As amended 1900.] Bill of exceptions. That a bill of exceptions allowed in any cause shall be deemed sufficiently authenticated if signed by the judge of the court in which the cause was tried, or by the presiding judge thereof if more than one judge sat at the trial of the cause, without any seal of the court or judge annexed thereto. And in case the judge before whom the cause has heretofore been or may hereafter be tried is, by reason of death, sickness, or other disability, unable to hear and pass upon the motion for a new trial and allow and sign said bill of excep- tions, then the judge who succeeds such trial judge, or any other judge of the court in which the cause was tried, holding such court thereafter, if the evidence in such cause has been or is taken in stenographic notes, or if the said judge is satisfied by any other means that he can pass upon such motion and allow a true bill of exceptions, shall pass upon said motion and allow and sign such bill of exceptions; and his ruling upon such motion and allowance and signing of such bill of exceptions shall be as valid as if such ruling and allowance and signing of such bill of exceptions had been made by the judge before whom such cause was tried; but in case said judge is satisfied that owing to the fact that he did not preside at the trial, or for any other cause, that he cannot fairly pass upon said motion, and allow and sign said bill of exceptions, then he may in his discretion grant a new trial to the party moving therefor. Act June 1, 1872, c. 255, $ 4, 17 Stat. 197. Act June 5, 1900, c. 717, § 1, 31 Stat. 270. This section was amended by Act June 5, 1900, c. 717, § 1, cited above, by adding, after the words "without any seal of court or judge being annexed thereto," at the end of the section as originally enacted, the provisions beginning with the words, “and in case the judge before whom," etc., to the end of the section as set forth here. Section 2 of the amending act provides that it shall apply to all pending causes, to all causes pending for hearing upon motions for new trials, and to all causes pending for the allowance of a bill of exceptions. Sec. 954. Defects of form; amendments. No summons, writ, declaration, return, process, judgment, or other proceedings in civil causes, in any court of the United States, shall be abated, arrested, quashed, or reversed for any defect or want of form; but such court shall proceed and give judgment according as the right of the cause and matter in law shall appear to it, with- out regarding any such defect, or want of form, except those which, in cases of demurrer, the party demurring specially sets down, to- gether with his demurrer, as the cause thereof; and such court shall amend every such defect and want of form, other than those Secs. 954–956) Tit. 13—THE JUDICIARY- 697 —Ch. 18. which the party demurring so expresses; and may at any time per- mit either of the parties to amend any defect in the process or plead- ings, upon such conditions as it shall, in its discretion and by its rules, prescribe. Act Sept. 24, 1789, c. 20, $ 32, 1 Stat. 91. Power to grant new trials is conferred on the courts by Rev. St. $ 726. Sec. 955. Death of parties. When either of the parties, whether plaintiff, or petitioner, or defendant, in any suit in any court of the United States, dies before final judgment, the executor or administrator of such deceased party may, in case the cause of action survives by law, prosecute or de- fend any such suit to final judgment. The defendant shall answer accordingly; and the court shall hear and determine the cause and render judgment for or against the executor or administrator, as the case may require. And if such executor or administrator, having been duly served with a scire facias from the office of the clerk of the court where the suit is depending, twenty days beforehand, neg- lects or refuses to become party to the suit, the court may render judgment against the estate of the deceased party, in the same man- ner as if the executor or administrator had voluntarily made him- self a party. The executor or administrator who becomes a party as aforesaid, shall, upon motion to the court, be entitled to a con- tinuance of the suit until the next term of said court. Act Sept. 24, 1789, c. 20, $ 31, 1 Stat. 90. Provisions for taking an appeal or bringing a writ of error, on the death of a party to a final judgment, before the time allowed therefor has expired, are contained in Act March 3, 1875, c. 137, § 9, ante, fol- lowing Rev. St. 8 629. Sec. 956. When one of several plaintiffs or defendants dies. If there are two or more plaintiffs or defendants, in a suit where the cause of action survives to the surviving plaintiff or against the surviving defendant, and one or more of them dies, the writ or ac- tion shall not be thereby abated; but, such death being suggested upon the record, the action shall proceed at the suit of the surviving plaintiff against the surviving defendant. Act Sept. 24, 1789, c. 20, $ 31, 1 Stat. 90. ACT FEB. 8, 1899, c. 121. An Act to Prevent the Abatement of Certain Actions. (30 Stat. 822.) Suits against officers, not abated by death, expiration of term, etc. Be it enacted, &c., That no suit, action, or other proceeding law- fully commenced by or against the head of any Department or Bureau or other officer of the United States in his official capacity, or in relation to the discharge of his official duties, shall abate by 698 (Secs. 957–958 Tit. 13—THE JUDICIARY —Ch. 18. reason of his death, or the expiration of his term of office, or his retirement, or resignation, or removal from office, but, in such event, the Court, on motion or supplemental petition filed, at any time within twelve months thereafter, showing a necessity for the sur- vival thereof to obtain a settlement of the questions involved, may allow the same to be maintained by or against his successor in office, and the Court may make such order as shall be equitable for the payment of costs. Act Feb. 8, 1899, c. 121, 30 Stat. 822. Sec. 957. Delinquents for public money; judgment at return term, unless, etc. When suit is brought by the United States against any revenue officer or other person accountable for public money, who neglects or refuses to pay into the Treasury the sum or balance reported to be due to the United States, upon the adjustment of his account it shall be the duty of the court to grant judgment at the return term, upon motion, unless the defendant, in open court, (the United States attorney being present,) makes and subscribes an oath that he is equitably entitled to credits which had been, previous to the coin- mencement of the suit, submitted to the accounting officers of the Treasury, and rejected; specifying in the affidavit each particular claim so rejected, and that he cannot then safely come to trial. If the court, when such oath is made, subscribed, and filed, is there- upon satisfied, a continuance until the next succeeding term may be granted. Such continuance may also be granted when the suit is brought upon a bond or other sealed instrument, and the defendant pleads non est factum, or makes a motion to the court, verifying such plea or motion by his oath, and the court thereupon requires the production of the original bond, contract, or other paper certified in the affidavit. And no continuance shall be granted except as herein provided. Act March 3, 1797, c. 20, $ 3, 1 Stat. 514. Sec. 958. Suits under postal laws; judgment at return term, unless, etc. In suits arising under the postal laws the court shall proceed to trial, and render judgment at the return term; but whenever service of process is not made at least twenty days before the return day of such terin, the defendant is entitled to one continuance, if, on his statement, the court deems it expedient; and if he makes affidavit that he has a claim against the Post-Office Department, which has been submitted to and disallowed by the Sixth Auditor, specifying such claim in his affidavit, and that he could not be prepared for trial at such term for want of evidence, the court, if satisfied there- of, may grant a continuance until the next term. Act March 3, 1825, c. 64, § 38, 4 Stat. 113. Act July 2, 1836, c. 270, 8 15, 5 Stat. 82. Secs. 959–962) 699 Tit. 13— THE JUDICIARY —Ch. 18. Sec. 959. Suits on debentures; judgment at return term, unless, etc. In all suits for the recovery of money upon debentures issued by the collectors of customs, under any act for the collection of duties, it shall be the duty of the court to grant judgment at the return term, unless the defendant, in open court, exhibits some plea, on oath, by which the court is satisfied that a continuance is necessary to the attainment of justice; in which case, and not otherwise, a continuance until the next term may be granted. Act March 2, 1799, c. 22, $ 80, 1 Stat. 688, 689. Sec. 960. Suits on bonds for recovery of duties; judgment at return term, unless, etc. When suit is brought on any bond for the recovery of duties due to the United States, it shall be the duty of the court to grant judg- ment at the return term, upon motion, unless the defendant, in open court, (the United States attorney being present,) makes oath that ) an error has been committed in the liquidation of the duties de- manded upon such bond, specifying the errors alleged to have been committed, and that the same have been notified in writing to the collector of the district before the said return term; whereupon a continuance may be granted until the next term, and no longer, if the court is satisfied that such continuance is necessary for the at- tainment of justice. Act March 2, 1799, c. 22, $ 65, 1 Stat. 676. Sec. 961. Judgment for sum due in equity on bonds, etc. In all suits brought to recover the forfeiture annexed to any arti- cles of agreement, covenant, bond, or other specialty, where the forfeiture, breach, or non-performance appears by the default or con- fession of the defendant, or upon demurrer, the court shall render judgment for the plaintiff to recover so much as is due according to equity. And when the sum for which judgment should be ren- dered is uncertain, it shall, if either of the parties request it, be assessed by a jury. Act Sept. 24, 1789, c. 20, $ 26, 1 Stat. 87. Sec. 962. Judgment for duties, etc., to state that it is to be collected in coin. In all suits by the United States for the recovery of duties upon imports, or of penalties for the non-payment thereof, the judgment shail recite that it is rendered for duties, and such judgment, with interest thereon, and costs, shall be payable in the coin by law re- ceivable for duties; and the execution issued thereon shall set forth that the recovery is for duties, and shall require the marshal to satisfy the same in the coin by law receivable for duties; and in 700 (Secs. 962–967 Tit. 13— THE JUDICIARY-Ch. 18. case of levy upon and sale of the property of the judgment debtor, the marshal shall refuse payment from any purchaser at such sale in any other money than that specified in the execution. Act March 3, 1865, c. 80, $ 12, 13 Stat. 494. A similar provision is contained in Rev. St. $ 3014. Sec. 963. Interest on bonds for duties. Upon all bonds, on which suits are brought for the recovery of duties, interest shall be allowed, at the rate of six per centum a year, from the time when said bonds became due. Act March 2, 1799, c. 22, § 65, 1 Stat. 676. Sec. 964. Interest on balances due Post-Office Department. In all suits for balances due to the Post-Office Department, inter- est thereon shall be recovered, from the time of the default, at the rate of six per centum a year. Act July 2, 1836, c. 270, § 15, 5 Stat. 82. Sec. 965. Interest on debentures. In suits upon debentures, issued by the collectors of the customs under any act for the collection of duties, interest shall be allowed, at the rate of six per centum per annum, from the time when such debenture became due and payable. Act March 2, 1799, c. 22, $ 80, 1 Stat. 687, 689. Sec. 966. Interest on judgments. Interest shall be allowed on all judgments in civil causes, recov- ered in a circuit or district court, and may be levied by the marshal under process of execution issued thereon, in all cases where, by the law of the State in which such court is held, interest may be levied under process of execution on judgments recovered in the courts of such State; and it shall be calculated from the date of the judgment, at such rate as is allowed by law on judgments recovered in the courts of such State. Act Aug. 23, 1842, c. 118, § 8, 5 Stat. 518. Sec. 967. When judgments of United States courts cease to be liens. Judgments and decrees rendered in a circuit or district court, within any State, shall cease to be liens on real estate or chattels real, in the same manner and at like periods as judgments and de- crees of the courts of such State cease, by law, to be liens thereon. Act July 4, 1840, c. 43, § 4, 5 Stat. 393. Further provisions making judgments and decrees of the circuit or district courts liens in the same manner, etc., as judgments of courts Sec. 967) 701 Tit. 13— THE JUDICIARY —Ch. 18. of the State, are contained in Act Aug. 1, 1888, c. 729, set forth be- low. ACT AUG. 1, 1888, c. 729. [As amended 1895.] An Act to Regulate the Liens of Judgments and Decrees of the Courts of the United States. (25 Stat. 357.) Judgments of United States courts to be liens as are judgments of State courts; judgments to be recorded under State laws. Be it enacted, &c., That judgments and decrees rendered in a circuit or district court of the United States within any State, shall be liens on property throughout such State in the same manner and to the same extent and under the same conditions only as if such judgments and decrees had been rendered by a court of general jurisdiction of such State: Provided, That whenever the laws of any State require a judgment or decree of a State court to be regis- tered, recorded, docketed, indexed, or any other thing to be done, in a particular manner, or in a certain office or county, or parish in the State of Louisiana before a lien shall attach, this act shall be applicable therein whenever and only whenever the laws of such State shall authorize the judgments and decrees of the United States courts to be registered, recorded, docketed, indexed, or otherwise conformed to the rules and requirements relating to the judgments and decrees of the courts of the State. Act Aug. 1, 1888, c. 729, § 1, 25 Stat. 357. Indices of judgment records to be kept by clerks of courts. Sec. 2. That the clerks of the several courts of the United States shall prepare and keep in their respective offices complete and con- venient indices and cross-indices of the judgment records of said courts, and such indices and records shall at all times be open to the inspection and examination of the public. Act Aug. 1, 1888, c. 729, § 2, 25 Stat. 357. Record not required in State office in county where judgment is ren- dered. Sec. 3. That nothing herein shall be construed to require the dock- eting of a judgment or decree of a United States court, or the filing of a transcript thereof, in any State office within the same county or the same parish in the State of Louisiana in which the judgment or decree is rendered, in order that such judgment or decree may be a lien on any property within such county, if the clerk of the United States court be required by law to have a permanent office and a judgment record open at all times for public inspection in such county or parish. Act Aug. 1, 1888, c. 729, § 3, 25 Stat. 358. Act March 2, 1895, c. 180, 28 Stat. 814. The amendment of this section by Act March 2, 1895, c. 180, cited above, consists in the addition thereto of all matter after the words "such judgment or decree may be a lien on any property within such county.” 702 (Secs. 968–970 Tit. 13— THE JUDICIARY —Ch. 18. Sec. 968. When plaintiff or petitioner recovers in a circuit court less than cer- tain amounts, he recovers no costs. When, in a circuit court, a plaintiff in an action at law originally brought there, or a petitioner in equity, other than the United States, recovers less than the sum or value of five hundred dollars, ex- clusive of costs, in a case which cannot be brought there unless the amount in dispute, exclusive of costs, exceeds said sum or value; or a libelant, upon his own appeal, recovers less than the sum or value of three hundred dollars, exclusive of costs, he shall not be allowed, but, at the discretion of the court, may be adjudged to pay, costs. Act Sept. 24, 1789, c. 20, 820, 1 Stat. 83. Act March 3, 1803, c. 40, § 2, 2 Stat. 244. The sum or value of $500, the recovery of which is required by this section to entitle a plaintiff to costs, corresponded to the limit of juris- diction of the circuit courts fixed by Rev. St. $ 629, par. 1; but that limit was changed to $2,000 by Act March 3, 1887, c. 373, § 2, ante, following Rev. St. § 629. The amount or taxation of costs against the unsuccessful party in civil proceedings, or against defendants convicted of crimes or misde- meanors, is not to be prevented or affected by the provisions of Act May 28, 1896, c. 252, SS 6-15, relating to fees, etc., of district attor- neys and marshals, by section 17 of that act, ante, following Rev. St. § 793. Sec. 969. Costs in internal revenue suits upon information. When a suit for the recovery of any penalty or forfeiture accru- ing under any law providing internal revenue is brought upon in- formation received from any person other than a collector, deputy collector, or inspector of internal revenue, the United States shall not be subject to any costs of suit. Act July 13, 1866, c. 184, § 9, 14 Stat. 111. Sec. 970. Claimant not entitled to costs when reasonable cause of seizure. When, in any prosecution commenced on account of the seizure of any vessel, goods, wares, or merchandise, made by any collector or other officer, under any act of Congress authorizing such seizure, judgment is rendered for the claimant, but it appears to the court that there was reasonable cause of seizure, the court shall cause a proper certificate thereof to be entered, and the claimant shall not, in such case, be entitled to costs, nor shall the person who made the seizure, nor the prosecutor, be liable to suit or judgment on account of such suit or prosecution: Provided, That the vessel, goods, wares, or merchandise be, after judgment, forthwith returned to such claiinant or his agent. Act March 2, 1799, c. 22, § 89, 1 Stat. 695, 696. Act Feb. 24, 1807, c. 19, § 1, 2 Stat. 422. Secs. 971-975) 703 Tit. 13— THE JUDICIARY—Ch. 18. Sec. 971. Double costs when plaintiff is nonsuited in action against officer mak- ing seizure, etc. If, in any suit against an officer or other person executing or aid- ing or assisting in the seizure of goods, under any act providing for or regulating the collection of duties on imports or tonnage, the plaintiff is nonsuited, or judgment passed against him, the defendant shall recover double costs. Act March 2, 1799, c. 22, § 71, 1 Stat. 678. Sec. 972. Copyright suits; full costs allowed. In all recoveries under the copyright laws, either for damages, forfeitures, or penalties, full costs shall be allowed thereon. Act July 8, 1870, c. 230, $ 108, 16 Stat. 215. Sec. 973. Costs not recoverable in certain suits for infringement of patent, un- less disclaimer entered, etc. When judgment or decree is rendered for the plaintiff or com- plainant, in any suit at law or in equity, for the infringement of a part of a patent, in which it appears that the patentee, in his specifi- cation, claimed to be the original and first inventor or discoverer of any material or substantial part of the thing patented, of which he was not the original and first inventor, no costs shall be recov- ered, unless the proper disclaimer, as provided by the patent-laws, has been entered at the Patent-Office before the suit was brought. Act July 8, 1870, c. 230, $ 60, 16 Stat. 207. Sec. 974. When costs of prosecution to be paid by defendant. When judgment is rendered against the defendant in a prosecution for any fine or forfeiture incurred under a statute of the United States, he shall be subject to the payment of costs; and on every conviction for any other offense not capital, the court may, in its discretion, award that the defendant shall pay the costs of the prose- cution. Act May 8, 1792, c. 36, § 5, 1 Stat. 277. Sec. 975. When costs are recovered by defendant in a prosecution. If any informer or plaintiff on a penal statute, to whom the penalty or any part thereof, if recovered, is directed to accrue, discontinues his suit or prosecution, or is nonsuited therein, or if upon trial judg- ment is rendered in favor of the defendant, the court shall award to the defendant his costs, unless such informer or plaintiff is an officer of the United States specially authorized to commence such prosecution, and the court, at the trial in open court, certifies upon 704 (Secs. 975–978 Tit. 13— THE JUDICIARY — Ch. 18. the record that there was reasonable cause for commencing the same; in which case no costs shall be adjudged to the defendant. Act May 8, 1792, c. 36, § 5, 1 Stat. 277. The person prosecuting a suit for violation of Rev. St. $ 3490, in making a false claim against the United States, is entitled to one-half of the amount of the forfeiture and damages he shall recover and col- lect, and to all costs the court may award against the defendant, but is liable for all costs incurred by himself in the case, by Rev. St. $ 3493. Sec. 976. Fees of clerk, marshal, etc.; when payable by informer; when by United States. If any informer on a penal statute, to whom the penalty or any part thereof, if recovered, is directed to accrue, discontinues his suit or prosecution, or is nonsuited therein, or if upon trial judgment is rendered in favor of the defendant, such informer shall be alone liable to the clerk, marshal, and attorney for the fees of such prose- cution, unless he is an officer of the United States whose duty it is to commence such prosecution, and the court certifies that there was reasonable cause for commencing the same; in which case the United States shall be responsible for such fees. Act Feb. 28, 1799, c. 19, § 8, 1 Stat. 626. See note under preceding section. Sec. 977. Costs when several actions are brought against parties who might be joined in one. If several actions or processes are instituted, in a court of the United States or one of the Territories, against persons who might legally be joined in one action or process touching the matter in dispute, the party pursuing the same shall not recover, on all of the judgments therein which may be rendered in his favor, the costs of more than one action or process, unless special cause for said several actions or processes is satisfactorily shown on motion in open court. Act July 22, 1813, c. 14, § 1, 3 Stat. 19. Sec. 978. Allowance of costs in libels against vessel and cargo. When proceedings are had before a court of the United States or of the Territories, on several libels against any vessel and cargo, which might legally be joined in one libel, there shall not be al- lowed thereon more costs than on one libel, unless special cause for libeling the vessel and cargo separately is satisfactorily shown on motion in open court. And in proceedings on several libels or . informations against any cargo, or parts of cargo, or merchandise seized as forfeited for the same cause, there shall not be allowed more costs thian would be lawful on one libel or information, what- ever may be the number of owners or consignees therein concerned. Secs. 979-981) 705 Tit. 13— THE JUDICIARY —Ch. 18. But allowance may be made on one libel or information for the costs incidental to several claims. Act July 22, 1813, c. 14, § 2, 3 Stat. 20. Sec. 979. Claimant's costs to be paid before possession, when, etc. When judgment is rendered in favor of the claimant of any vessel or other property seized on behalf of the United States, and libeled or informed against as forfeited under any law thereof, he shall be entitled to possession of the same when his own costs are paid. Act July 22, 1813, c. 14, § 2, 3 Stat. 21. Costs in prize causes are provided for by Rev. St. $$ 4638, 4639. Sec. 980. When district attorney is entitled to but one bill of costs for several prosecutions. When a district attorney prosecutes two or more indictments, suits, or proceedings which should be joined, he shall be paid but one bill of costs for all of them. Act Feb. 26, 1853, c. 80, § 1, 10 Stat. 162. District attorneys, except in the southern district of New York and the District of Columbia, are to be paid, for their official services, salaries, in lieu of fees, etc., by Act May 28, 1896, c. 252, 88 6, 8, 15, 24, ante, following Rev. St. $ 793. Sec. 981. Taxation of fees of witness before a commissioner. In no case shall the fees of more than four witnesses be taxed against the United States, in the examination of any criminal case before a commissioner of a circuit court, unless their materiality anc importance are first approved and certified to by the district attor- ney for the district in which the examination is had; and such taxa- tion shall be subject to revision, as in other cases. Act Aug. 16, 1856, c. 124, $ 3, 11 Stat. 49. ACT MARCH 3, 1877, c. 105, $ 1. Taxation of cost of printing records in Supreme Court and Court of Claims. * * There shall be taxed against the losing party in each and every cause pending in the Supreme Court of the United States or in the Court of Claims of the United States, the cost of printing the rec- ord in such case, which shall be collected, except when the judgmeni is against the United States, by the clerks of said courts respectively, and paid into the Treasury of the United States; but this shall only apply to records printed after the first of October next. Act March 3, 1877, c. 105, § 1, 19 Stat. 344. This is a provision of the sundry civil appropriation act for the fisca year ending June 30, 1878, cited above. LAWS '01-45 706 (Secs. 982–984 Tit. 13— THE JUDICIARY —Ch. 18. Sec. 982. Attorney liable for costs vexatiously increased by him. If any attorney, proctor, or other person admitted to conduct causes in any court of the United States, or of any Territory, appears to have multiplied the proceedings in any cause before such court, so as to increase costs unreasonably and vexatiously, he shall be required, by order of the court, to satisfy any excess of costs so increased. Act July 22, 1813, c. 14, § 3, 3 Stat. 21. Act Feb. 26, 1853, c. 80, § 1, 10 Stat. 162. Sec. 983. Bill of costs, how taxed. The bill of fees of the clerk, marshal, and attorney, and the amount paid printers and witnesses, and lawful fees for exemplifications and copies of papers necessarily obtained for use on trials in cases where by law costs are recoverable in favor of the prevailing party, shall be taxed by a judge or clerk of the court, and be included in and form a portion of a judgment or decree against the losing party. Such taxed bills shall be filed with the papers in the cause. Act Feb. 26, 1853, c. 80, $ 3, 10 Stat. 168. Sec. 984. Bill of costs to be sworn to before taxed or allowed. Before any bill of costs shall be taxed by any judge or other officer, or allowed by any officer of the Treasury, in favor of clerks, mar- shals, commissioners, or district attorneys, the party claiming such bill shall prove by his own oath, or that of some other person having a knowledge of the facts, to be attached to such bill, and filed there- with, that the services charged therein have been actually and nec- essarily performed, as therein stated. Act Feb. 26, 1853, c. 80, § 3, 10 Stat. 169. Act June 23, 1874, c. 469, 87, 18 Stat. 256. ACT JULY 20, 1892, c. 209. An Act Providing When Plaintiff May Sue as a Poor Person and When Counsel Shall be Assigned by the Court. (27 Stat. 252.) Suits by poor persons without prepayment of fees or costs; affidavit of poverty. Be it enacted, &c., That any citizen of the United States, entitled to commence any suit or action in any court of the United States, may commence and prosecute to conclusion any such suit or action without being required to prepay fees or costs, or give security there- for before or after bringing suit or action, upon filing in said court a statement under oath, in writing, that, because of his poverty, he is unable to pay the costs of said suit or action which he is about to commence, or to give security for the same, and that he believes he Secs. 984-986) Tit. 13— THE JUDICIARY —Ch. 18. 707 is entitled to the redress he seeks by such suit or action, and setting forth briefly the nature of his alleged cause of action. Act July 20, 1892, c. 209, § 1, 27 Stat. 252. Suing as poor person after demand for fees, etc., is made. Sec. 2. That after any such suit or action shall have been brought, or that is now pending, the plaintiff may answer and avoid a demand for fees or security for costs by filing a like affidavit, and wilful false swearing in any affidavit provided for in this or the previous section, shall be punishable as perjury is in other cases. Act July 20, 1892, c. 209, $ 2, 27 Stat. 252. Suits by poor persons; process, etc., to issue. Sec. 3. That the officers of court shall issue, serve all process, and perform all duties in such cases, and witnesses shall attend as in other cases, and the plaintiff shall have the same remedies as are provided by law in other cases. Act July 20, 1892, c. 209, $ 3, 27 Stat. 252. Assignment of attorney to represent poor person; dismissal of suit. Sec. 4. That the court may request any attorney of the court to represent such poor person, if it deems the cause worthy of a trial, and may dismiss any such cause so brought under this act if it be made to appear that the allegation of poverty is untrue, or if said court be satisfied that the alleged cause of action is frivolous or malicious. Act July 20, 1892, c. 209, § 4, 27 Stat. 252. Parties are permitted to plead and manage their own causes personally by Rev. St. 8 747. Suits by poor persons; judgment for costs; liability of United States for costs. Sec. 5. That judgment may be rendered for costs at the conclu- sion of the suit as in other cases: Provided, That the United States shall not be liable for any of the costs thus incurred. Act July 20, 1892, c. 209, $ 5, 27 Stat. 252. Sec. 985. Executions to run in all the districts of a State. All writs of execution upon judgments or decrees obtained in a circuit or district court, in any State which is divided into two or more districts, may run and be executed in any part of such State; but shall be issued from, and made returnable to, the court wherein the judg- ment was obtained. Act May 20, 1826, c. 124, 4 Stat. 184. Sec. 986. Executions in favor of United States to run in every State and Terri- tory. All writs of execution upon judgments obtained for the use of the United States, in any court thereof, in one State, may run and be 708 (Secs. 987–989 Tit. 13— THE JUDICIARY -Ch. 18. executed in any other State, or in any Territory, but shall be issued from and made returnable to, the court wherein the judgment was obtained. Act March 3, 1797, c. 20, § 6, 1 Stat. 515. Sec. 987. Executions stayed on conditions. When a circuit court enters judgment in a civil action, either upon a verdict or on a finding of the court upon the facts, in cases where such finding is allowed, execution may, on motion of either party, at the discretion of the court, and on such conditions for the security of the adverse party as it may judge proper, be stayed forty-two days from the time of entering judgment, to give time to file in the clerk's office of said court a petition for a new trial. If such petition is filed within said term of forty-two days, with a certificate thereon from any judge of such court that he allows it to be filed, which certificate he may make or refuse at his discretion, execution shall, of course, be further stayed to the next session of said court. If a new trial be granted, the former judgment shall be thereby rendered void. Act Sept. 24, 1789, c. 20, § 18, 1 Stat. 83. Act March 3, 1865, c. 86, § 4, 13 Stat. 501. Sec. 988. When judgment debtor entitled to a continuance of one term. In any State where judgments are liens upon the property of the defendant, and where, by the laws of such State, defendants are entitled, in the courts thereof, to a stay of execution for'one term or more, defendants in actions in the courts of the United States, held therein, shall be entitled to a stay of execution for one term. Act May 19, 1828, c. 68, § 2, 4 Stat. 281. Sec. 989. Execution not to issue against officers of revenue in cases of probable cause, etc. When a recovery is had in any suit or proceeding against a col- lector or other officer of the revenue for any act done by him, or for the recovery of any money exacted by or paid to him and by him paid into the Treasury, in the performance of his official duty, and the court certifies that there was probable cause for the act done by the collector or other officer, or that he acted under the directions of the Secretary of the Treasury, or other proper officer of the Gov- ernment, no execution shall issue against such collector or other officer, but the amount so recovered shall, upon final judgment, be provided for and paid out of the proper appropriation from the Treasury. Act March 3, 1863, c. 76, § 12, 12 Stat. 741. Provisions relating to the withholding of executions and the payment of judgments against revenue or other officers of the United States are made applicable to actions against officers of either House of Congress Secs. 990-993) - Tit. 13– THE JUDICIARY --Ch709 . 18. for their official acts, by Act March 3, 1875, c. 130, $ 8, ante, following Rev. St. 771. Sec. 990. Imprisonment for debt. No person shall be imprisoned for debt in any State, on process issuing from a court of the United States, where, by the laws of such State, imprisonment for debt has been or shall be abolished. And all modifications, conditions, and restrictions upon imprisonment for debt, provided by the laws of any State, shall be applicable to the process issuing from the courts of the United States to be executed therein; and the same course of proceedings shall be adopted there- in as may be adopted in the courts of such State. Act Feb. 28, 1839, c. 35, 5 Stat. 321. Act Jan. 14, 1841, c. 2, 5 Stat. 410. Act March 2, 1867, c. 180, 14 Stat. 543. Sec..991. Discharge from arrest or imprisonment on mesne or final process. When any person is arrested or imprisoned in any State, on mesne process or execution issued from any court of the United States, in any civil action, he shall be entitled to discharge from such arrest or imprisonment in the same manner as if he were so arrested and imprisoned on like process from the courts of such State. The same oath may be taken, and the same notice thereof shall be required, as may be provided by the laws of such State, and the same course of proceedings shall be adopted as may be adopted in the courts thereof. But all such proceedings shall be had before one of the commission- ers of the circuit court for the district where the defendant is so held. Act Jan. 6, 1800, c. 4, § 2, 2 Stat. 5. Act Jan. 7, 1824, c. 3, 4 Stat. 1. Act April 22, 1824, c. 39, SS 1, 2, 4 Stat. 19, 20. Act March 2, 1867, $$ , c. 180, 14 Stat. 543. The discharge of poor debtors, imprisoned on execution, by the Secre- tary of the Treasury or by the President, is provided for by Rev. St. $$ 3471, 3472; and the Postmaster-General is authorized to discharge from imprisonment any person confined in jail on any judgment in a civil case, obtained in behalf of the Department, by Rev. St. $ 410. Sec. 992. Privileges of jail limits. Persons imprisoned on process issuing from any court of the United States in civil actions, as well at the suit of the United States as at the suit of any person, shall be entitled to the same privileges of the yards of the respective jails as persons confined in like cases on process from the courts of the respective States are entitled to, and under the like regulations and restrictions. Act Jan. 6, 1800, c. 4, § 1, 2 Stat. 4. Act May 19, 1828, c. 68, § 1, 4 Stat. 278. Act Aug. 1, 1842, c. 109, 5 Stat. 499. Sec. 993. Goods taken on a fieri facias, how appraised. When it is required by the laws of any State that goods taken in 710 (Sec. 993 Tit. 13— THE JUDICIARY —Ch. 18. execution on a writ of fieri facias shall be appraised, before the sale thereof, the appraisers appointed under the authority of the State may appraise goods taken in execution on a fieri facias issued out of any court of the United States, in the same manner as if such writ had issued out of a court of such State. And the marshal, in whose custody such goods may be, shall summon the appraisers, in the same manner as the sheriff is, by the laws of such State, required to summon them; and if the appraisers, being duly summoned, fail to attend and perform the duties required of them, the marshal may proceed to sell such goods without an appraisement. When such appraisers attend they shall be entitled to the like fees as in cases of appraisements under the laws of the State. Act March 2, 1793, c. 22, 88,1 Stat. 335. ACT MARCH 3, 1893, c. 225. An Act to Regulate the Manner in Which Property Shall be Sold Under Orders and Decrees of any United States Courts. (27 Stat. 751.) Sale of real property under order or decree. Be it enacted, &c., That all real estate or any interest in land sold under any order or decree of any United States Court shall be sold at public sale at the Court-house of the county, parish, or city in which the property, or the greater part thereof, is located, or upon the premises, as the court rendering such order or decree of sale may direct. Act March 3, 1893, c. 225, § 1, 27 Stat. 751. Sale of personal property under order or decree. Sec. 2. That all personal property sold under any order or decree of any Court of the United States shall be sold as provided in the first section of this act, unless in the opinion of the court rendering such order or decree, it would be best to sell it in some other manner. Act March 3, 1893, c. 225, § 2, 27 Stat. 751. Publication of notice of sale of real property. Sec. 3. That hereafter no sale of real estate under any order, judg- ment, or decree of any United States Court shall be had without previous publication of notices of such proposed sale being ordered and had once a week for at least four weeks prior to such sale in at least one newspaper printed, regularly issued and having a general circulation in the county and State where the real estate proposed to be sold is situated, if such there be. If said property shall be situated in more than one county or state, such notice shall be pub- lished in such of the counties where said property is situated, as the court may direct. Said notice shall, among other things, describe the real estate to be sold. The court may, in its discretion, direct the publication of the notice of sale herein provided for to be made in such other papers as may seem proper. Act March 3, 1893, c. 225, § 3, 27 Stat. 751. Secs. 994-996) 711 Tit. 13— THE JUDICIARY —Ch. 18. Sec. 994. Death of marshal after levy or after sale. When a marshal dies, or is removed from office, or the term of his commission expires, after he has taken in execution, under process from a court of the United States, any lands, tenements, or heredita- ments, and before sale or other final disposition thereof, the like process shall issue to the succeeding marshal, and the same pro- ceeding shall be had as if such marshal had not died or been removed, or the term of his commission had not expired. And when a mar- shal dies or is removed from office, or the term of his commission expires, after he has sold any lands, tenements, or hereditaments, un- der process from a court of the United States, and before a deed for the same is executed by him to the purchaser, such court may, on application by the purchaser, or by the plaintiff at whose suit the sale was made, setting forth the case and the reason why the title was not perfected by said marshal, order the marshal for the time being to perfect the title and execute a deed to the purchaser, upon his paying the purchase-money and costs remaining unpaid. Act May 7, 1800, c. 45, $ 3, 2 Stat. 61. Sec. 995. Moneys paid into court, where and how deposited. All moneys paid into any court of the United States, or received by the officers thereof, in any cause pending or adjudicated in such court, shall be forthwith deposited with the Treasurer, an assistant treasurer, or a designated depositary of the United States, in the name and to the credit of such court: Provided, That nothing here- in shall be construed to prevent the delivery of any such money upon security, according to agreement of parties, under the direction of the court. Act March 24, 1871, c. 2, § 1, 17 Stat. 1. Sec. 996. [As amended 1897.] How moneys deposited to be withdrawn; [moneys remaining un- claimed.] No money deposited as aforesaid shall be withdrawn except by order of the judge or judges of said courts respectively, in term or in vacation, to be signed by such judge or judges, and to be entered and certified of record by the clerk; and every such order shall state the cause in or on account of which it is drawn. And it shall be the duty of the judge or judges of said courts, respectively, to cause any moneys deposited as aforesaid, which have remained in the registry of the court unclaimed for ten years or longer, to be deposited in a designated depository of the United States, to the credit of the United States. Act March 24, 1871, c. 2, § 2, 17 Stat. 1. Act Feb. 19, 1897, c. 265, $ 3, 29 Stat. 578. This section as originally enacted is amended by Act Feb. 19, 1897, c. 265, $ 3, cited above, by adding the last clause, beginning, “And it shall be the duty," etc. 712 Tit. 13— THE JUDICIARY –Ch. 18. (Secs. 997–1000 PROCEDURE ON ERROR AND APPEAL. Sec. 997. Removal of causes by writ of error. There shall be annexed to and returned with any writ of error for the removal of a cause, at the day and place therein mentioned, an authenticated transcript of the record, an assignment of errors, and a prayer for reversal, with a citation to the adverse party. Act Sept. 24, 1789, c. 20, § 22, 1 Stat. 84. Act Feb. 5, 1867, c. 28, 8 2, 14 Stat. 386. Sec. 998. Citation. When the writ is issued by a circuit court to a district court, the citation shall be signed by the judge of such district court, or by the circuit judge of such circuit court, or by a justice of the Supreme Court, and the adverse party shall have at least twenty days' notice. Act Sept. 24, 1789, c. 20, § 22, 1 Stat. 84. Act Feb. 5, 1867, c. 28, $ 2, 14 Stat. 386. Writs of error for review by circuit courts of decisions of district courts are abolished by the act establishing the circuit courts of appeals, Act March 3, 1891, c. 517, § 4, ante, under chapter 8 A of this Title; but by section 11 of that act, any judge of the circuit courts of appeals has the same powers and duties, as to allowance of writs of error, as the other justices or judges. Sec. 999. Citation; Supreme Court. When the writ is issued by the Supreme Court to a circuit court, the citation shall be signed by a judge of such circuit court, or by a justice of the Supreme Court, and the adverse party-shall have at least thirty days' notice; and when it is issued by the Supreme Court to a State court, the citation shall be signed by the Chief Justice, or judge, or chancellor of such court, rendering the judgment or passing the decree complained of, or by a justice of the Supreme Court of the United States, and the adverse party shall have at least thirty days notice. Act Sept. 24, 1789, c. 20, $ 22, 1 Stat. 84. Act Feb. 5, 1867, c. 28, $ 2, 14 Stat. 386. Sec. 1000. Bond in error and on appeal. Every justice or judge signing a citation on any writ of error, shall, except in cases brought up by the United States or by direction of any Department of the Government, take good and sufficient security that the plaintiff in error or the appellant shall prosecute his writ or appeal to effect, and, if he fail to make his plea good, shall answer all damages and costs, where the writ is a supersedeas and stays ex- ecution, or all costs only where it is not a supersedeas as aforesaid. Act Sept. 24, 1789, c. 20, $ 22, 1 Stat. 84. Act Dec. 12, 1794, c. 3, 1 Secs. 1001-1004) Tit. 13— THE JUDICIARY — Ch. 18. 713 Stat. 404. Act Feb. 21, 1863, c. 50, 12 Stat. 657. Act July 27, 1868, c. 255, § 1, 15 Stat. 226. Sec. 1001. No bond required of United States, etc. Whenever a writ of error, appeal, or other process in law, ad- miralty, or equity, issues from or is brought up to the Supreme Court, or a circuit court, either by the United States or by direction of any Department of the Government, no bond, obligation, or security shall be required from the United States, or from any party acting under the direction aforesaid, either to prosecute said suit, or to answer in damages or costs. In case of an adverse decision, such costs as by law are taxable against the United States, or against the party acting by direction as aforesaid, shall be paid out of the contingent fund of the Department under whose directions the proceedings were instituted. Act Feb. 21, 1863, c. 50, 12 Stat. 657. Act July 27, 1868, c. 255, $ 1, 15 Stat. 226. Sec. 1002. Writs of error to district courts acting as circuit courts. Writs of error shall be prosecuted from the final judgments of district courts acting as circuit courts to the Supreme Court in the same manner as from the final judgments of circuit courts. Act Sept. 24, 1789, c. 20, § 10, 1 Stat. 77. Ala., Act Aug. 4, 1842, C. 123, § 1, 5 Stat. 504; Act Aug. 8, 1816, c. 104, § 1, 9 Stat. 78. Ark., Act March 3, 1851, c. 24, $ 3, 9 Stat. 595. Ga., Act Aug. 11, 1848, c. 151, § 9, 9 Stat. 281. Miss., Act Feb. 16, 1839, c. 27, § 3, 5 Stat. 317. W. Va., Act Feb. 4, 1819, c. 12, § 2, 3 Stat. 479; Act March 3, 1837, c. 34, $ 3, 5 Stat. 177; Act March 28, 1838, c. 46, § 1,5 Stat. 215; Act June 11, 1864, c. 120, § 1, 13 Stat. 124. This section has become inoperative by the repeal of the provisions conferring circuit court powers on district courts, by Act Feb. 6, 1889, c. 113, ante, following Rev. St. & 608. Sec. 1003. Writs of error to State courts, manner of issue. Writs of error from the Supreme Court to a State court in cases authorized by law, shall be issued in the same manner, and under the same regulations, and shall have the same effect as if the judg- ment or decree complained of had been rendered or passed in a court of the United States. Act Sept. 24, 1789, c. 20, $ 25, 1 Stat. 85, 86. Act Feb. 5, 1867, c. 28, § 2, 14 Stat. 386. Sec. 1004. Writs of error returnable to the Supreme Court, how issued. Writs of error returnable to the Supreme Court may be issued as well by the clerks of the circuit courts, under the seals thereof, as by the clerk of the Supreme Court. When so issued they shall be, 714 Tit. 13—THE JUDICIARY —Ch. 18. (Secs. 1005-1007 as nearly as each case may admit, agreeable to the form of a writ of error transmitted to the clerks of the several circuit courts by the clerk of the Supreme Court, in pursuance of section nine of the act of May eight, seventeen hundred and ninety-two, chapter thirty- six, Act May 8, 1792, c. 36, $ 9, 1 Stat. 278. Sec. 1005. Amendment of writ of error. The Supreme Court may, at any time, in its discretion and upon such terms as it may deem just, allow an amendment of a writ of error, when there is a mistake in the teste of the writ, or a seal to the writ is wanting, or when the writ is made returnable on a day other than the day of the commencement of the term next ensuing the issue of the writ, or when the statement of the title of the action ur parties thereto in the writ is defective, if the defect can be rem- edied by reference to the accompanying record, and in all other par- ticulars of form: Provided, The defect has not prejudiced, and the amendment will not injure, the defendant in error. Act June 1, 1872, c. 255, $ 3, 17 Stat. 196. Sec. 1006. Amendments in prize appeals. The Supreme Court may, if, in its judgment, the purposes of justice require it, allow any amendment, either in form or substance, of any appeal in prize causes. Act March 3, 1873, c. 230, $ 2, 17 Stat. 556. A similar provision is contained in Rev. St. 8 4636. a Sec. 1007. [As amended 1875.) Supersedeas. In any case where a writ of error may be a supersedeas, the defend- ant may obtain such supersedeas by serving the writ or error, by lodg- ing a copy thereof for the adverse party in the clerk's office where the record remains, within sixty days, Sundays exclusive, after the rendering of the judgment complained of, and giving the security required by law on the issuing of the citation. But if he desires to stay process on the judgment, he may, having served his writ of error as aforesaid, give the security required by law within sixty days after the rendition of such judgment, or afterward with the permission of a justice or judge of the appellate court. And in such cases where a writ of error may be a supersedeas, executions shall not issue until the expiration of ten days. Act Sept. 24, 1789, c. 20, $ 23, 1 Stat. 85. Act June 1, 1872, c. 255, $ 11, 17 Stat. 198. Act Feb. 18, 1875, c. 80, 18 Stat. 318. The amendment of this section by Act Feb. 18, 1875, c. 80, cited above, consists in striking out of the last sentence, after the words "the expira- tion of,” the words, "the said term of sixty," and inserting instead there- of the word “ten." Secs. 1008-1011) Tit. 13– THE JUDICIARY —Ch. 18. 715 Sec. 1008. Writs of error and appeals to Supreme Court, time for taking. No judginent, decree, or order of a circuit or district court, in any civil action, at law or in equity, shall be reviewed in the Supreme Court, on writ of error or appeal, unless the writ of error is brought, or the appeal is taken, within two years after the entry of such judgment, decree, or order: Provided, That where a party entitled to prosecute a writ of error or to take an appeal is an infant, insane son, or imprisoned, such writ of error may be prosecuted, or such appeal may be taken, within two years after the judgment, de- cree, or order, exclusive of the term of such disability. Act June 1, 1872, c. 255, $ 2, 17 Stat. 196. A similar provision is contained in Rev. St. 8 635. Sec. 1009. Appeals in prize causes, within what time. Appeals in prize causes shall be made within thirty days after the rendering of the decree appealed from, unless the court previously extends the time, for cause shown in the particular case: Provided, That the Supreme Court may, if in its judgment the purposes of justice require it, allow an appeal in any prize cause, if it appears that any notice of appeal, or of intention to appeal, was filed with the clerk of the district court within thirty days next after the rendition of the final decree therein. Act June 30, 1864, c. 174, § 13, 13 Stat. 310. Act March 3, 1873, c. 230, $ 2, 17 Stat. 556. A similar provision is contained in Rev. St. $ 4636. Appeals in prize causes are authorized by Rev. St. $ 695. Sec. 1010. Damages and costs on afirmance in error. Where, upon a writ of error, judgment is affirmed in the Supreme Court or a circuit court, the court shall adjudge to the respondents in error just damages for his delay, and single or double costs, at its discretion. Act Sept. 24, 1789, c. 20, $8 23, 25, 1 Stat. 85. Act March 2, 1803, c. 40, $ 2, 2 Stat. 244. Act Feb. 5, 1867, c. 28, § 2, 14 Stat. 386. Rules 23, 24, 30, Supreme Court. Sec. 1011. [As amended 1875.) Reversal on error limited. There shall be no reversal in the Supreme Court or in a circuit court upon a writ of error, for error in ruling any plea in abatement, other than a plea to the jurisdiction of the court, or for any error in fact. Act Sept. 24, 1789, c. 20, $ 22, 1 Stat. 84. Act March 2, 1803, c. 40, $ 2, 2 Stat. 244. Act Feb. 18, 1875, c. 80, 18 Stat. 318. The amendment of this section by Act Feb. 18, 1875, c. 80, cited above, consists in striking out, after the words "error in ruling," the word "and," and inserting instead thereof the word "any." 716 Tit. 13— THE JUDICIARY —Ch. 18. (Secs. 1012-1014 Sec. 1012. Appeals from circuit courts to Supreme Court. Appeals from the circuit courts and district courts acting as cir- cuit courts, and from district courts in prize causes, shall be subject to the same rules, regulations, and restrictions as are or may be prescribed in law in cases of writs of error. Act March 3, 1803, c. 40, 82, 2 Stat. 244. Act June 30, 1864, c. 174, § 13, 13 Stat. 310. Sec. 1013. Where both parties appeal to the Supreme Court, one record sufficient. Where appeal is duly taken by both parties from the judgment or decree of a circuit or district court to the Supreme Court, a tran- script of the record filed in the Supreme Court by either appellant may be used on both appeals, and both shall be heard thereon in the same manner as if records had been filed by the appellants in both cases. Act Aug. 6, 1861, c. 61, 8 1, 12 Stat. 319. CRIMINAL PROCEDURE. Sec. 1014. Offenders against the United States, how arrested and removed for trial. For any crime or offense against the United States, the offender may, by any justice or judge of the United States, or by any com- missioner of a circuit court to take bail, or by any chancellor, judge of a supreme or superior court, chief or first judge of common pleas, mayor of a city, justice of the peace, or other magistrate, of any State where he may be found, and agreeably to the usual mode of process against offenders in such State, and at the expense of the United States, be arrested and imprisoned, or bailed, as the case may be, for trial before such court of the United States as by law has cognizance of the offense. Copies of the process shall be returned as speedily as may be into the clerk's office of such court, together with the recognizances of the witnesses for their appearance to testify in the case. And where any offender or witness is committed in any district other than that where the offense is to be tried, it shall be the duty of the judge of the district where such offender or wit- ness is imprisoned, seasonably to issue, and of the marshal to ex- ecute, a warrant for his removal to the district where the trial is to be had. Act Sept. 24, 1789, c. 20, $ 33, 1 Stat. 91. Act March 2, 1793, c. 22, $ 4, 1 Stat. 334. Act Aug. 22, 1842, c. 188, § 1, 5 Stat. 516. The office of commissioner of the circuit court was abolished, the office of United States commissioner was created in place thereof, and the powers and duties theretofore vested in circuit court commissioners were vested in United States commissioners, by Act May 28, 1896, c. 252, § 19, as amended by Act March 2, 1901, c. 514, § 1, ante, under Rev. St. 8 627. Judges or officers who are authorized to arrest and imprison or bail persons charged with any crime or offense against the United States are Sec. 1014) 717 Tit. 13— THE JUDICIARY —Ch. 18. authorized to require witnesses to give recognizances for their appear- ance, by Rev. St. 8 879. The trial of offenses punishable with death is required to be in the county where the offense was committed, if it can be done without great inconvenience, by Rev. St. $ 729. The trial of offenses committed on the high seas or elsewhere out of the jurisdiction of any particular state or district is to be in the district where the offender is found, or into which he is first brought, under Rev. St. 8 730. Offenses begun in one district and completed in another may be tried in either district, under Rev. St. $ 731. The re oval of a bankrupt, for whose apprehension a warrant has been issued, from one district to another, is provided for by the Bank- ruptcy Act of 1898, Act July 1, 1898, c. 541, § 10, post, under Title LXI, "Bankruptcy." ACT AUG. 18, 1894, c. 301, $ 1. . , c. 1 Prisoners to be taken before nearest officer for hearing; complaint to be attached to warrant. * * That it shall be the duty of the marshal, his deputy, or other officer, who may arrest a person charged with any crime or offense, to take the defendant before the nearest circuit court commissioner or the nearest judicial officer having jurisdiction under existing laws for a hearing, commitment, or taking bail for trial, and the officer or magistrate issuing the warrant shall attach thereto a certified copy of the complaint, and upon the arrest of the accused, the re- turn of the warrant, with a copy of the complaint attached, shall confer jurisdiction upon such officer as fully as if the complaint had originally been made before him, and no mileage shall be allowed any officer violating the provisions hereof. Act Aug. 18, 1894, c. 301, § 1, 28 Stat. 416. This is a proviso annexed to the appropriation for fees of United States commissioners, etc., in the sundry civil appropriation act for the fiscal year ending June 30, 1895, cited above. A substantially similar proviso was contained in the sundry civil appropriation act for the preceding year, Act March 3, 1893, c. 208, 27 Stat. 609. See note to Rev. St. § 1014, as to change in office of circuit court com- missioner. Act May 28, 1896, c. 252, $ 19. Warrants of arrest for violation of internal-revenue laws. * * [Part of section omitted relates to United States Commis- sioners.] Warrants of arrest for violations of internal-revenue laws may be issued by United States commissioners upon the sworn com- plaint of a United States district attorney, assistant United States district attorney, collector, or deputy collector of internal-revenue or revenue agent or private citizen, but no such warrant of arrest shall be issued upon the sworn complaint of a private citizen unless first approved in writing by a United States district attorney, * [Part of section omitted relates to United States commissioners.] Act May 28, 1896, c. 252, § 19, 29 Stat. 184. This clause is a part of section 19 of the legislative, executive, and judicial appropriation act for the fiscal year ending June 30, 1897, cited above. The omitted portions, relating to the abolition of the office of * 718 Tit. 13— THE JUDICIARY —Ch. 18. (Secs. 1015-1017 circuit court commissioner and the creation of the office of United States commissioner, are set forth ante, under Rev. St. § 627. Sec. 1015. Bail shall be admitted in cases not capital; by whom. Bail shall be admitted upon all arrests in criminal cases where the offense is not punishable by death; and in such cases it may be taken by any of the persons authorized by the preceding section to arrest and imprison offenders. Act Sept. 24, 1789, c. 20, § 33, 1 Stat. 91. Act March 2, 1793, c. 22, § 4, 1 Stat. 334. Act April 10, 1869, c. 22, § 2, 16 Stat. 44. Sec. 1016. Bail may be admitted in capital cases; by whom. Bail may be admitted upon all arrests in criminal cases where the punishment may be death; but in such cases it shall be taken only by the Supreme Court or a circuit court, or by a justice of the Su- preme Court, a circuit judge, or a judge of a district court, who shall exercise their discretion therein, having regard to the nature and circumstance of the offense, and of the evidence, and to the usages of law. Act Sept. 24, 1789, c. 20, $ 33, 1 Stat. 91. Act March 2, 1793, c. 22, 8 4, 1 Stat. 334. Act April 10, 1869, c. 22, § 2, 16 Stat. 44. ACT MARCH 1, 1879, c. 125, $ 9. Arrest of persons found operating illicit distillery; bail. Where any marshal or deputy marshal of the United States within the district for which he shall be appointed shall find any person or persons in the act of operating an illicit distillery, it shall be lawful for such marshal or deputy marshal to arrest such person or per- sons, and take him or them forthwith before some judicial officer named in section one thousand and fourteen of the Revised Statutes, who may reside in the county of arrest or if none, in that nearest to the place of arrest, to be dealt with according to the provisions of sections ten hundred and fourteen, ten hundred and fifteen, ten hun- dred and sixteen of the said Revised Statutes. Act March 1, 1879, c. 125, $ 9, 20 Stat. 341, Sec. 1017. Bail in criminal cases removed by writ of error from State courts. When a writ of error is issued for the revision of the judgment of a State court, in any criminal proceeding where is drawn in ques- tion the validity of a statute of, or an authority exercised under, the United States, or where any title, right, privilege, or immunity is claimed under the Constitution, or any statute of, or commission held or authority exercised under, the United States, the defendant, if charged with an offense that is bailable by the laws of such State, shall not be released from custody until a final judgment upon such writ, Secs. 1017-1021) 719 Tit. 13— THE JUDICIARY —Ch. 18. or until a bond, with sufficient sureties, in a reasonable sum, as or- dered and approved by the State court, is given; and if the offense is not so bailable, until a final judgment upon the writ of error. Act Sept. 24, 1789, c. 20, $ 25, 1 Stat. 85. Act July 13, 1866, c. 184, $ 69, 14 Stat. 172. Act Feb. 5, 1867, c. 28, § 2, 14 Stat. 386. Writs of error from the Supreme Court to State courts are authorized by Rev. St. $ 709. Sec. 1018. Surrender of criminals by their bail. Any party charged with a criminal offense and admitted to bail, may, in vacation, be arrested by his bail, and delivered to the mar- shal or his deputy, before any judge or other officer having power to commit for such offense; and at the request of such bail, the judge or other officer shall recommit the party so arrested to the custody of the marshal, and indorse on the recognizance, or certified copy thereof, the discharge and exoneratur of such bail; and the party so committed shall therefrom be held in custody until discharged by due course of law. Act Aug. 8, 1846, c. 98, § 4, 9 Stat. 73. Sec. 1019. New bail to be given in certain cases. When proof is made to any judge of the United States, or other magistrate having authority to commit on criminal charges as afore- said, that a person previously admitted to bail on any such charge is about to abscond, and that his bail is insufficient, the judge or mag- istrate shall require such person to give better security, or, for default thereof, cause him to be committed to prison; and an order for his arrest may be indorsed on the former commitment, or a new warrant therefor may be issued, by such judge or magistrate, setting forth the cause thereof. Act Aug. 8, 1846, c. 98, § 6, 9 Stat. 73. Sec. 1020. When penalty of recognizances may be remitted. When any recognizance in a criminal cause, taken for, or in, or returnable to, any court of the United States, is forfeited by a breach of the condition thereof, such court may, in its discretion, remit the whole or a part of the penalty, whenever it appears to the court that there has been no willful default of the party, and that a trial can, notwithstanding, be had in the cause, and that public justice does not otherwise require the same penalty to be enforced. Act Feb. 28, 1839, c. 36, § 6, 5 Stat. 322. Sec. 1021. Indictments and presentments to be by at least twelve grand jurors. No indictment shall be found, nor shall any presentment be made, without the concurrence of at least twelve grand jurors. Act March 3, 1865, c. 86, § 1, 13 Stat. 500. 720 Tit. 13— THE JUDICIARY –Ch. 18. (Secs. 1022-1026 Sec. 1022. Offenses against the elective franchise, how prosecuted. All crimes and offenses committed against the provisions of chap- ter seven, Title “Crimes,” which are not infamous, may be pros- ecuted either by indictment or by information filed by a district at- torney. Act May 31, 1870, c. 114, § 8, 16 Stat. 142. Sec. 1023. Matters set forth in prosecutions for perjury before a naval court-mar- tial. In prosecutions for perjury committed on examination before a naval general court-martial, or for the subornation thereof, it shall be sufficient to set forth the offense charged on the defendant, with- out setting forth the authority by which the court was held, or the particular matters brought before, or intended to be brought before, said court. Act July 17, 1862, c. 204, § 1, art. 13, 12 Stat. 604. Sec. 1024. Charges which may be joined in one indictment shall be so joined. When there are several charges against any person for the same act or transaction, or for two or more acts or transactions con- nected together, or for two or more acts or transactions of the same class of crimes or offenses, which may be properly joined, instead of having several indictments the whole may be joined in one in- dictment in separate counts; and if two or more indictments are found in such cases, the court may order them to be consolidated. Act Feb. 26, 1853, c. 80, § 1, 10 Stat. 162. A similar provision, relating to the offenses of bigamy and polygamy, is contained in Act March 22, 1882, c. 47, § 4, post, under Rev. St. $ 5352. Sec. 1025. Indictments; defects of form. No indictment found and presented by a grand jury in any dis- trict or circuit or other court of the United States shall be deemed insufficient, nor shall the trial, judgment, or other proceeding there- on be affected by reason of any defect or imperfection in matter of form only, which shall not tend to the prejudice of the defendant. Act June 1, 1872, c. 255, § 8, 17 Stat. 198. Sec. 1026. Judgment on demurrer to an indictment. In every case in any court of the United States, where a demur- rer is interposed to an indictment, or to any count or counts there- of, or to any information, and the demurrer is overruled, the judg- ment shall be respondeat ouster; and thereupon a trial may be or- Secs. 1027-1031) Tit. 13— THE JUDICIARY –Ch. 18. 721 dered at the same term, or a continuance may be ordered, as justice may require. Act May 23, 1872, c. 202, 17 Stat. 158. Sec. 1027. When several indictments against the same person, one writ suffi- cient. When two or more charges are made, or two or more indictments are found against any person, only one writ or warrant shall be necessary to commit him for trial; and it shall be sufficient to state in the writ the name or general character of the offenses, or to refer to them only in very general terms. Act Feb. 26, 1853, c. 80, $ 1,10 Stat. 162. Sec. 1028. Copy of writ to be jailer's authority; original returned. Whenever a prisoner is committed to a sheriff or jailer by virtue of a writ, warrant, or mittimus, a copy thereof shall be delivered to such sheriff or jailer, as his authority to hold the prisoner, and the original writ, warrant, or mittimus shall be returned to the proper court or officer, with the officer's return thereon. Act Feb. 26, 1853, c. 80, § 1, 10 Stat. 163. Sec. 1029. Writ for removal of a prisoner from one district to another. Only one writ or warrant is necessary to remove a prisoner from cne district to another. One copy thereof may be delivered to the sheriff or jailer from whose custody the prisoner is taken, and anoth- er to the sheriff or jailer to whose custody he is committed, and the original writ, with the marshal's return thereon, shall be returned to the clerk of the district to which he is removed. Act Feb. 26, 1853, c. 80, § 1, 10 Stat. 162, 163. Sec. 1030. No writ necessary to bring into court a person in custody. No writ is necessary to bring into court any prisoner or person in custody, or for remanding him from the court into custody; but the same shall be done on the order of the court or district attorney, for which no fees shall be charged by the clerk or marshal. Act Feb. 26, 1853, c. 80, $ 3, 10 Stat. 169. Sec. 1031. When peremptory challenges exceed the number allowed by law. If, in the trial of a capital offense, the party indicted peremptorily challenges jurors above the number allowed him by law, such excess LAWS '01-46 722 (Secs. 1031-1034 Tit. 13—THE JUDICIARY —Ch. 18. of challenges shall be disallowed by the court, and the cause shall proceed for trial in the same manner as if they had not been made. Act March 3, 1835, c. 40, $ 4, 4 Stat. 777. Act March 3, 1865, c. 86, § 2, 13 Stat. 500. The number of challenges to be allowed is prescribed by Rev. St. $ 819. Sec. 1032. Prisoner standing mute, etc. When any person indicted for any offense against the United States, whether capital or otherwise, upon his arraignment stands mute, or refuses to plead or answer thereto, it shall be the duty of the court to enter the plea of not guilty on his behalf, in the same manner as if he had pleaded not guilty thereto. And when the party pleads not guilty, or such plea is entered as aforesaid, the cause shall be deemed at issue, and shall, without further form or ceremony, be tried by a jury. Act April 30, 1790, c. 9, § 30, 1 Stat. 119. Act March 3, 1825, c. 65, $ 14, 4 Stat. 118. Act March 3, 1835, c. 40, $ 4, 4 Stat. 777. Sec. 1033. Copy of indictment and list of jurors and witnesses to be delivered to prisoner in capital cases. When any person is indicted of treason, a copy of the indictment and a list of the jury, and of the witnesses to be produced on the trial for proving the indictment, stating the place of abode of each juror and witness, shall be delivered to him at least three entire days be- fore he is tried for the same. When any person is indicted of any other capital offense, such copy of the indictment and list of the jurors and witnesses shall be delivered to him at least two entire days before the trial. Act April 30, 1790, c. 9, $ 29, 1 Stat. 118. Sec. 1034. Persons indicted for capital crimes entitled to counsel and to compel witnesses. Every person who is indicted of treason or other capital crime, shall be allowed to make his full defense by counsel learned in the law; and the court before which he is tried, or some judge thereof, shall immediately, upon his request, assign to him such counsel, not ex- ceeding two, as he may desire, and they shall have free access to him at all seasonable hours. He shall be allowed, in his defense, to make any proof that he can produce by lawful witnesses, and shall have the like process of the court to compel his witnesses to appear at his trial, as is usually granted to compel witnesses to appear on behalf of the prosecution. Act April 30, 1790, c. 9, § 29, 1 Stat. 118. Secs. 1035-1039) Tit. 13— THE JUDICIARY —Ch. 723 . 18. Sec. 1035. Verdict of less offense than charged. In all criminal causes the defendant may be found guilty of any offense the commission of which is necessarily included in that with which he is charged in the indictment, or may be found guilty of an attempt to commit the offense so charged: Provided, That such attempt be itself a separate offense. Act June 1, 1872, c. 255, $ 9, 17 Stat. 198. Sec. 1036. Verdict against part of several joint defendants. On an indictment against several, if the jury cannot agree upon a verdict as to all, they may render a verdict as to those in regard to whom they do agree, on which a judgment shall be entered accord- ingly; and the cause as to the other defendants may be tried by another jury. Act June 1, 1872, c. 255, $ 10, 17 Stat. 198. Sec. 1037. Indictments remitted by circuit and district courts to each other. Whenever the district attorney deems it necessary, any circuit court may, by order entered on its minutes, remit any indictment pending therein to the next session of the district court of the same district, where the offense charged in the indictment is cognizable by the said district court. And in like manner any district court may remit to the next session of the circuit court of the same district any indictment pending in the said district court. And such remission shall carry with it all recognizances, processes, and proceedings pending in the case in the court from which the remission is made; and the court to which such remission is made shall, after the order of remission is filed therein, act in the case as if the indictment, and all other proceedings in the same, had been originated in said court. Act Aug. 8, 1846, c. 98, $ 2, 9 Stat. 72. Sec. 1038. Remission from district to circuit court of difficult cases. Any district court may, by order entered on its minutes, remit any indictment pending therein to the next session of the circuit court for the same district, when, in the opinion of such district court, difficult and important questions of law are involved in the case; and thereupon the proceedings in such case shall be the same in the circuit court as if such indictment had been originally found and presented therein. Act Aug. 8, 1846, c. 98, § 3, 9 Stat. 72. Sec. 1039. All capital cases remitted from district to circuit courts. Every indictment of a capital offense, presented to a district court, 724 —Ch Tit. 13— THE JUDICIARY -Ch. 18. (Secs. 1040-1042 together with the recognizances taken therein, shall, by order entered on its minutes, be remitted to the next session of the circuit court for the same district; and, on the filing of such order and indictment with the clerk of such circuit court, that court shall proceed thereon, in the same manner as if said indictment had been originally found and presented therein. Act Aug. 8, 1846, c. 98, § 3, 9 Stat. 72. Sec. 1040. When a capital case is carried to the Supreme Court, execution post- poned. Whenever a judgment of death is rendered in any court of the United States, and the case is carried to the Supreme Court in pur- suance of law, the court rendering such judgment shall, by its order, postpone the execution thereof from time to time and from term to term, until the mandate of the Supreme Court in the case is received and entered upon the records of such lower court. In case of af- firmance by the Supreme Court, the court rendering the original judgment shall appoint a day for the execution thereof; and in case of reversal, such further proceedings shall be had in the lower court as the Supreme Court may direct. Act March 3, 1869, c. 142, 15 Stat. 338. Sec. 1041. Judgments for fines, how collected. In all criminal or penal causes in which judgment or sentence has been or shall be rendered, imposing the payment of a fine or penalty, whether alone or with any other kind of punishment, the said judgment, so far as the fine or penalty is concerned, may be enforced by execution against the property of the defendant in like man- ner as judgments in civil cases are enforced: Provided, That where the judgment directs that the defendant shall be imprisoned until the fine or penalty imposed is paid, the issue of execution on the judg- ment shall not operate to discharge the defendant from imprison- ment until the amount of the judgment is collected or otherwise paid. Act June 1, 1872, c. 225, § 12, 17 Stat. 198. Sec. 1042. Poor convicts sentenced and imprisoned for fines. When a poor convict, sentenced by any court of the United States to pay a fine, or fine and cost, whether with or without imprisonment, has been confined in prison thirty days, solely for the non-payment of such fine, or fine and cost, he may make application in writing to any commissioner of the United States court in the district where he is imprisoned, setting forth his inability to pay such fine, or fine and cost, and after notice to the district attorney of the United States, who may appear, offer evidence, and be heard, the commissioner shalí proceed to hear and determine the matter; and if on examination Secs. 1042-1044) Tit. 13— THE JUDICIARY -Ch. 19. 725 it shall appear to him that such convict is unable to pay such fine, or fine and cost, and that he has not any property exceeding twenty dollars in value, except such as is by law exempt from being taken on execution for debt, the commissioner shall administer to him the following oath: “I do solemnly swear that I have not any property, real or personal, to the amount of twenty dollars, except such as is by law exempt from being taken on civil precept for debt by the laws of (State where oath is administered); and that I have no prop- erty in any way conveyed or concealed, or in any way disposed of, for may future use or benefit. So help me God.” And thereupon such convict shall be discharged, the commissioner giving to the jailer or keeper of the jail a certificate setting forth the facts. Act June 1, 1872, c. 255, $ 14, 17 Stat. 198. A similar provision is contained in Rev. St. $ 5296. CHAPTER NINETEEN. Limitations. Sec. 1043. Capital offenses. 1044. Offenses not capital. 1045. Fleeing from justice. 1046. Crimes under the revenue laws. Act July 5, 1884, c. 225. 1. Crimes under internal revenue laws. 2. Repeal. Sec. 1047. Penalties and forfeitures under laws of the United States. Act June 22, 1874, c. 391, $ 22. Penalties and forfeitures under cus- toms revenue laws. 1048. Parties beyond reach of process during the rebellion. Sec. 1043. Capital offenses. No person shall be prosecuted, tried, or punished for treason or other capital offense, willful murder excepted, unless the indictment is found within three years next after such treason or capital offense is done or committed. Act April 30, 1790, c. 9, § 32, 1 Stat. 119. The time within which petitions for writs of error on conviction of crime punishable by death must be filed in the court in which the trial was had is prescribed by Act Feb. 6, 1889, c. 113, § 6, ante, under Rev. St. 8 699. Provisions relating to the limitations applicable to offenses against the Articles of War are contained in Rev. St. § 1342, art. 103. Sec. 1044. [As amended 1876.] Offenses not capital. No person shall be prosecuted, tried, or punished for any offense, not capital, except as provided in section one thousand and forty- six, unless the indictment is found, or the information is instituted 726 (Secs. 1044-1046 Tit. 13—THE JUDICIARY —Ch. 19. within three years next after such offense shall have been committed. But this act shall not have effect to authorize the prosecution, trial or punishinent for any offense, barred by the provisions of existing laws. Act April 30, 1790, c. 9, § 32, 1 Stat. 119. Act April 13, 1876, c. 56, 19 Stat. 32. The time of limitation of prosecutions of offenses not capital, under this section, as originally enacted, was two years. By Act April 13, 1876, c. 56, cited above, it was increased to three years. The exception of cases provided in section 1046 applies to crimes under the revenue. laws and the slave-trade laws. Indictments for the offense of seduction of female passengers on ves- sels by masters, officers, seamen, or other employés, must be found with- in one year after the arrival of the vessel on which the offense was committed, at the port for which it was destined, by Rev. St. § 5351. Sec. 1045. Fleeing from justice. Nothing in the two preceding sections shall extend to any person fleeing from justice. Act April 30, 1790, c. 9, § 32, 1 Stat. 119. Sec. 1046. Crimes under the revenue laws. No person shall be prosecuted, tried, or punished for any crime arising under the revenue laws, or the slave-trade laws of the United States, unless the indictment is found or the information is instituted within five years next after the committing of such crime. Act March 26, 1804, c. 40, $ 3, 2 Stat. 290. Act April 20, 1818, c. 91, § 9, 3 Stat. 452. Limitations of prosecutions for violations of internal revenue laws are prescribed by Act July 5, 1884, c. 225, set forth below. ACT JULY 5, 1884, c. 225. An Act to Limit the Time within which Prosecutions may be In- stituted against Persons charged with Violating Internal Reve- nue Laws. (23 Stat. 122.) Crimes under internal revenue laws. Be it enacted, &c., That no person shall be prosecuted, tried or punished for any of the various offenses arising under the internal revenue laws of the United States unless the indictment is found or the information instituted within three years next after the com- mission of the offense, in all cases where the penalty prescribed may be imprisonment in the penitentiary, and within two years in all other cases: Provided, That the time during which the person com- mitting the offense is absent from the district wherein the same is committed shall not be taken as any part of the time limited by law for the commencement of such proceedings; Provided further that the provisions of this act shall not apply to offenses committed prior to its passage: And provided further that where a complaint shall be instituted before a Commissioner of the United States within the Secs. 10 16–1047) Tit. 13—THE JUDICIARY —Ch. 19. 727 period above limited, the time shall be extended until the discharge of the Grand Jury at its next session within the district: And pro- vided further that this act shall not apply to offenses committed by officers of the United States. Act July 5, 1884, c. 225, § 1, 23 Stat. 122. Prosecutions of crimes under the revenue laws are barred by a lim- itation of five years, by Rev. St. § 1046. The limitation provided by this section is applicable only to offenses arising under the internal revenue laws, and may be regarded as superseding the provisions of section 1046, in relation to offenses against the internal revenue laws. Repeal. Sec. 2. That all laws and parts of laws in conflict with this act be, and are hereby repealed. Act July 5, 1884, c. 225, § 2, 23 Stat. 122. Sec. 1047. Penalties and forfeitures under laws of the United States. No suit or prosecution for any penalty or forfeiture, pecuniary or otherwise, accruing under the laws of the United States, shall be maintained, except in cases where it is otherwise specially provided, unless the same is commenced within five years from the time when the penalty or forfeiture accrued: Provided, That the person of the offender, or the property liable for such penalty or forfeiture, shall, within the same period, be found within the United States; so that the proper process therefor may be instituted and served against such person or property. Act March 2, 1799, c. 22, § 89, 1 Stat. 695. Act March 26, 1804, c. 40, § 3, 2 Stat. 290. Act April 20, 1818, c. 91, § 9, 3 Stat. 452. Act Feb. 28, 1839, c. 36, § 4, 5 Stat. 322. Act March 3, 1863, c. 76, § 14, 12 Stat. 741. Act July 25, 1868, c. 236, § 1, 15 Stat. 183. A limitation of three years, for suits for the recovery of pecuniary penalties and forfeitures accruing under the customs revenue laws, is prescribed by Act June 22, 1874, c. 391, $ 22, set forth below. A limitation of six years, for suits for forfeitures and double damages for violation of Rev. St. $ 3490, by making false claims against the United States, is prescribed by Rev. St. $ 3494. ACT JUNE 22, 1874, c. 391, § 22. Penalties and forfeitures under customs revenue laws. That no suit or action to recover any pecuniary penalty or for- feiture of property accruing under the customs revenue laws of the United States shall be instituted unless such suit or action shall be commenced within three years after the time when such penalty or forfeiture shall have accrued: Provided, That the time of the ab- sence from the United States of the person subject to such penalty or forfeiture, or of any concealment or absence of the property, shall not be reckoned within this period of limitation. Act June 22, 1874, c. 391, 8 22, 18 Stat. 190. Section 21 of the same act provides that settlements as to duties shall, in the absence of fraud or protest, after the expiration of one year, be final and conclusive upon all parties. 728 (Sec. 1048 Tit. 13-THE JUDICIARY-Ch. 19. Sec. 1048. Parties beyond reach of process during the rebellion. In all cases where, during the late rebellion, any person could not, by reason of resistance to the execution of the laws of the United States, or of the interruption of the ordinary course of ju- dicial proceedings, be served with process for the commencement of any action, civil or criminal, which had accrued against him, the time during which such person was beyond the reach of legal process shall not be taken as any part of the time limited by law for the commencement of such action. Act June 11, 1864, c. 118, 13 Stat. 123. The provision that the laws of the several states are to be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply, except where the constitution, trea- ties, or statutes of the United States otherwise require or provide, con- tained in Rev. St. & 721, has been held to include state statutes of limi- tations. Suits on marshals' bonds must be brought within six years after the accrual of the right of action, under Rev. St. $ 786. Suits against persons who, having knowledge of the existence of any conspiracy prohibited by Title XXIV, “Civil Rights,” negligently fail to prevent the same, must be brought within one year after the cause of action accrues, by Rev. St. § 1981. The time within which suits or proceedings for the recovery of in- ternal revenue taxes, alleged to have been erroneously or illegally as- sessed, collected, etc., must be commenced is prescribed by Rev. St. $ 3227; and section 3228 prescribes the time within which claims for refundment must be presented. Actions against persons not in the military or naval service of the United States for making false claims must be begun within six years, under Rev. St. 8 3494. Proceedings for the recovery of penalties or forfeitures under the copyright laws must be commenced within two years after the cause of action accrues, under Rev. St. § 4968. The limitations of suits or claims against the United States, cogniza- ble in the Court of Claims, are set forth under chapter 21 of this Title. The time within which suits to vacate or annul patents to public lands must be brought is prescribed by Act March 2, 1896, c. 39, set forth under Title XXXII, "The Public Lands." The limitation prescribed by Rev. St. 8 635, relating to appeals or writs of error to the circuit courts, is superseded by Act March 3, 1891, c. 517, 88 4-6, 11, creating the circuit court of appeals. See note to section 635. The time within which appeals or writs of error to the circuit court of appeals must be taken or sued out is prescribed by Act March 3, 1891, c. 517, § 11, set forth ante, under chapter 8 A of this Title; and sec- tion 6 of the same act limits the time within which appeals or writs of error in certain cases may be taken to the Supreme Court to one year. Appeals or writs of error to the Supreme Court from judgments or decrees in certain proceedings under the interstate commerce act must be taken within twenty days from the date of the rendition of the judgment, by Act March 2, 1889, c. 382, § 5, set forth under Title LVI A, "Regulation of Interstate and Foreign Commerce," c. 1. Secs. 1049–1051) Tit. 13--THE JUDICIARY —Ch. 20. 729 CHAPTER TWENTY. The Court of Claims-Organization and Sessions. Sec. Sec. 1049. Judges. 1054. Salaries of clerks, bailiff, and 1050. Seal. messenger. 1051. Court rooms, etc., how provided. 1055. Clerk's bond. 1052. Sessions; quorum. 1056. Contingent fund. Act June 23, 1874, c. 468. 1057. Reports to Congress, copies for Three judges a quorum. Departments, etc. 1053. Officers of the court. 1058. Members of Congress not to practice in the court. Sec. 1049. Judges. The Court of Claims, established by the act of February twenty- four, eighteen hundred and fifty-five, shall be continued. It shall consist of a chief justice and four judges, who shall be appointed by the President, by and with the advice and consent of the Senate, and hold their offices during good behavior. Each of them shall take an oath to support the Constitution of the United States, and to discharge faithfully the duties of his office, and shall be entitled to receive an annual salary of four thousand five hundred dollars, payable quarterly from the Treasury. Act Feb. 24, 1855, c. 122, § 1, 10 Stat. 612. Act March 3, 1863, c. 92, § 1, 12 Stat. 765. Act May 8, 1872, c. 140, $ 13, 17 Stat. 85. Subsequent provisions for the payment of salaries of judges, in- cluding the judges of the Court of Claims, monthly, are collected under Rev. St. 8 277. Sec. 1050. Seal. The Court of Claims shall have a seal, with such device as it may order. Act March 3, 1863, c. 92, § 4, 12 Stat. 766. Sec. 1051. Court rooms, etc., how provided. It shall be the duty of the Speaker of the House of Representa- tives to appropriate such rooms in the Capitol, at Washington, for the use of the Court of Claims, as may be necessary for their ac- commodation, unless it appears to him that such rooms cannot be so appropriated without interfering with the business of Congress. In that case, the court shall procure, at the city of Washington, such rocms as may be necessary for the transaction of their business. Act Feb. 24, 1855, c. 122, § 10, 10 Stat. 614. 730 Tit. 13—THE JUDICIARY —Ch. 20. (Secs. 1052–1054 Sec. 1052. Sessions; quorum. The Court of Claims shall hold one annual session, at the city of Washington, beginning on the first Monday in December, and con- tinuing as long as may be necessary for the prompt disposition of the business of the court. And any two of the judges of said court shall constitute a quorum, and may hold a court for the transaction of business. Act Feb. 24, 1855, c. 122, § 10, 10 Stat. 614. Act Aug. 6, 1856, c. 81, 11 Stat. 30. Act March 3, 1863, c. 92, $ 13, 12 Stat. 768. Act March 17, 1866, c. 19, $ 2, 14 Stat. 9. So much of this section as constitutes two judges of the Court of Claims a quorum is superseded by Act June 23, 1874, c. 468, set forth below. ACT JUNE 23, 1874, c. 468. An Act to Amend the Act Entitled “An Act to Amend an Act Entitled 'An Act to Establish a Court for the Investigation of ' Claims against the United States,'” Approved August 6th, 1856. (18 Stat. 252.) Three judges a quorum. Be it enacted, &c., That any three judges of the Court of Claims shall constitute a quorum; Provided, That the concurrence of three judges shall be necessary to the decision of any case. Act June 23, 1874, c. 468, 18 Stat. 252. Sec. 1053. Officers of the court. The said court shall appoint a chief clerk, an assistant clerk, if deemed necessary, a bailiff, and a messenger. The clerks shall take an oath for the faithful discharge of their duties, and shall be under the direction of the court in the performance thereof; and for miscon- duct or incapacity they may be removed by it from office; but the court shall report such removals, with the cause thereof, to Congress, if in session, or, if not, at the next session. The bailiff shall hold his office for a term of four years, unless sooner removed by the court for cause. Act Feb. 24, 1855, c. 122, § 11, 10 Stat. 614. Act March 3, 1863, c. 92, 8 4, 12 Stat. 765. The clerk and assistant clerk are forbidden to act as solicitors, proc- tors, attorneys, or counsel in any cause depending in the Court of Claims or the Supreme Court, by Rev. St. 8 748. Sec. 1054. Salaries of clerks, bailiff, and messenger. The salary of the chief clerk shall be three thousand dollars a year, of the assistant clerk two thousand dollars a year, of the bailiff fif- teen hundred dollars a year, and of the messenger eight hundred and forty dollars a year, payable quarterly from the Treasury. Act Feb. 24, 1855, c. 122, § 11, 10 Stat. 614. Act March 3, 1863, c. 92, § 4, 12 Stat. 765. Act June 7, 1870, c. 124, 16 Stat. 148. Act Secs. 1054-1058) - Tit. 13— THE JUDICIARY —Ch731 . 20. July 12, 1870, c. 251, § 3, 16 Stat. 250. Act May 8, 1872, c. 140, § 1, 17 Stat. 82. The amounts appropriated for salaries of some officers of the Court of Claims in the recent annual appropriation acts are in some instances greater than those prescribed by this section. Sec. 1055. Clerk's bond. The chief clerk shall give bond to the United States in such amount, in such form, and with such security as shall be approved by the Secretary of the Treasury. Act Aug. 6, 1856, c. 81, § 3, 11 Stat. 30. Sec. 1056. Contingent fund. The said clerk shall have authority, when he has given bond as provided in the preceding section, to disburse, under the direction of the court, the contingent fund which may from time to time be appro- priated for its use; and his accounts shall be settled by the proper accounting officers of the Treasury in the same way as the accounts of other disbursing agents of the Government are settled. Act Aug. 6, 1856, c. 81, § 3, 11 Stat. 30. Printing and binding for the Court of Claims are provided for by Act Jan. 12, 1895, c. 23, $ 93, post, under Title XLV, "Public Printing, Advertisements, and Public Documents.” Sec. 1057. Reports to Congress, copies for Departments, etc. On the first day of every December session of Congress, the clerk of the Court of Claims shall transmit to Congress a full and complete statement of all the judgments rendered by the court during the pre- vious year, stating the amounts thereof and the parties in whose favor they were rendered, together with a brief synopsis of the nature of the claims upon which they were rendered. And at the end of every term of the court he shall transmit a copy of its decisions to the heads of Departments; to the Solicitor, the Comptrollers, and the Auditors of the Treasury; to the Commissioners of the General Land- Office and of Indian Affairs; to the chiefs of bureaus, and to other officers charged with the adjustment of claims against the United States. Act March 17, 1866, c. 19, $ 3, 14 Stat. 9. Act June 25, 1868, c. 71, $ 9, 15 Stat. 77. Sec. 1058. Members of Congress not to practice in the court. Members of either House of Congress shall not practice in the Court of Claims. Act March 3, 1863, c. 92, $ 4, 12 Stat. 765. Act March 12, 1863, c. 120, $ 3, 12 Stat. 820. Act July 2, 1864, c. 225, $$ 2, 3, 13 Stat. 375. 732 (Sec. 1058 Tit. 13— THE JUDICIARY –Ch- . 21. 376. Act July 27, 1868, c. 276, § 3, 15 Stat. 243. Act Feb. 18, 1875, c. 80, 18 Stat. 318. No one who has been an officer, clerk, or employé in any of the Executive Departments is to prosecute or aid in the prosecution of any claim against the United States pending in any such department while he was such officer, clerk, or employé, within two years after ceasing to be such, under Rev. St. § 190. CHAPTER TWENTY-ONE. The Court of Claims-Jurisdiction, Powers, and Procedure. Sec. 1059. Jurisdiction. 1. Claims founded on statutes or contracts, or referred by Congress. 2. Set-offs and counterclaims of United States. 3. Disbursing officers. 4. Claims for captured and abandoned property. 1060. Private claims in Congress, when transmitted to Court of Claims. 1061. Judgments for set-off or counter- claim, how enforced. 1062. Decree on accounts of paymas- ters, etc. 1063. Claims referred by Departments. 1064. Procedure in cases transmitted by Departments. 1065. Judgments in cases transmitted by Departments, how paid. 1066. Claims growing out of treaties not cognizable therein. 1067. Claims pending in other courts not to be prosecuted in Court of Claims. 1068. Aliens. 1069. Limitation. 1070. Rules of practice; contempts. 1071. Oaths and acknowledgments. 1072. Petition. 1073. Petition dismissed, if issue found against claimant as to allegi- ance, etc. 1074. Burden of proof and evidence as to loyalty. 1075. Commissioners to take testimony. 1076. Power to call upon Departments for information. 1077. When testimony not to be taken. 1078. Witnesses not excluded on ac- count of color. Sec. 1079. [Repealed.] 1080. Examination of claimant. 1081. Testimony taken where deponent resides. 1082. Witnesses, how compelled to at- tend before commissioners. 1083. Cross-examination. 1084. Witnesses, how sworn. 1085. Fees of commissioner, by whom paid. 1086. Claims forfeited for fraud. 1087. New trial on motion of claimant. 1088. New trial on motion of United States. 1089. Payment of judgments. Act March 3, 1875, c. 149. Judgments and claims against the United States subject to off-sets; proceedings. 1090. [Superseded.] Act Sept. 30, 1890, c. 1126, § 1. Judgments to be certified by Secre- tary of the Treasury; interest. 1091. Interest on claims. 1092. Payment of judgment a full dis- charge, etc. 1093. Final judgments a bar. [TRANSMISSION OF CLAIMS OR MATTERS BY CONGRESS OR DEPARTMENTS FOR FIND- INGS OF FACTS AND CON- CLUSIONS OF LAW. (BOW- MAN ACT.)] Act March 3, 1883, c. 116. 1. Congress or committees thereof may transmit claims or matters to Court of Claims; facts to be reported. 2. Executive departments may transmit claims or matters to Tit. 13— THE JUDICIARY — Ch. 21. 733 Sec. Court of Claims; facts to be reported. 3. Jurisdiction not to extend to cer- tain war claims or claims barred by law. 4. Petition in case of claim for sup- plies to Army or Navy during civil war; averment of loyalty. 5. Attorney-General to defend and interpose counterclaims, etc. 6. Parties and persons interested may be witnesses. 7. Reports of court to Congress. [FRENCH SPOLIATION CLAIMS.] Act Jan. 20, 1885, c. 25. 1. French spoliation claims to be filed in Court of Claims; ex- ceptions. 2. Court may make rules and regu- lations. 3. Determination as to validity, etc., of claims; procedure and evi- dence. 4. Attorney-General to appear and resist claims. 5. Evidence and documents from abroad to be procured, used, etc. 6. Reports of court to Congress; limitations; liability of United States. Act March 3, 1899, c. 426, § 1. Awards to next of kin of persons adjudicated bankrupts; certificate by court that personal representa- tive represents next of kin. Sec. 4. Jurisdiction and procedure of re- spective courts under act. 5. Petitions in cases in district and circuit courts. 6. Service of petition; district attor- ney to appear and defend; fail- ure of district attorney to an- swer. 7. Opinion, findings, and conclusions of court. 8. Parties and persons interested may be witnesses; examination of claimant. 9. Appeals and writs of error. 10. Judgments adverse to United States to be certified to Attor- ney-General; taking and per- fecting appeal; limitations on appeals; interest on judgments. 11. Reports of Attorney-General to Congress. 12. Claims in Departments involving controverted questions of fact or law may be transmitted to Court of Claims; findings to be reported. 13. Judgment in cases referred for report only. 14. Congress may refer bills provid- ing for payment of claims to Court of Claims; facts to be reported. 15. Costs. 16. Repeal. Act Feb. 26, 1900, c. 25. Pending suits for fees not abated by act taking away jurisdiction. [SUITS AGAINST THE UNITED STATES.] Act March 3, 1887, c. 359. 1. Jurisdiction. 1. Claims founded on Constitu- tion or laws of United States, or upon contract in cases not sounding in tort; exceptions. 2. Set-offs and counterclaims of United States; limitations; suits by officers for fees. 2. Concurrent jurisdiction of district and circuit courts; exceptions. 3. Ascertainment of amounts due from officers and others to Unit- ed States. [INDIAN DEPREDATION CLAIMS.] Act March 3, 1891, c. 538. 1. Jurisdiction. 1. Claims for property taken or destroyed by certain In- dians. 2. Cases examined and allowed by Interior Department; cases under Act March 3. 1885, c. 341. 3. Set-offs and counterclaims. 2. What claims to be considered; limitations. 3. Petition; requisites. 4. Service of petition; Attorney- General to represent Govern- 734 (Sec. 1059 Tit. 13— THE JUDICIARY . — Ch. 21. Sec. ment and Indians; failure to an- swer; special attorneys for In- dians; evidence; hearing of ex- amined claims. 5. Taking testimony; parties or per- sons interested may be witness- es; judgment against United States and Indians. 6. Judgments to be charged against Indian tribes; payment. 7. Judgments to be final. 8. List of judgments to be sent to Congress. 9. Transfers of claims and contracts Sec. for attorneys' fees void; war- rants for payment of judg- ments; allowances to attorneys. 10. Appeals. 11. Papers, etc., in departments and before Congress to be furnished to court. 12. Additional assistant Attorney- General; salary. 13. Investigations and examinations under previous acts to cease. Act Dec. 21, 1893, c. 3. Salary of additional assistant Attor- ney-General. Sec. 1059. [As amended 1875.] Jurisdiction. The Court of Claims shall have jurisdiction to hear and determine the following matters: The jurisdiction of the Court of Claims has been enlarged and ex- tended by several subsequent acts of Congress, both as to its original and advisory jurisdiction. These acts are set forth at the end of this chapter, arranged as nearly as may be in the order of their enactment, and preceded by subdivision heads indicating in a general way their contents. Appropriate references are made to such acts under the vari. ous sections of the Revised Statutes in this chapter, for the purpose of calling attention to the portions of such acts as are similar or analogous to, or in any way affect them. Claims founded on statutes or contracts, or referred by Congress. First. All claims founded upon any law of Congress, or upon any regulation of an Executive Department, or upon any contract, ex- pressed or implied, with the Government of the United States, and all claims which may be referred to it by either House of Congress. Act Feb. 24, 1855, c. 122, § 1, 10 Stat. 612. Any claim or matter involving the investigation and determination of facts, except “war claims” or claims barred by any law of the United States, pending before either House of Congress, or any committee thereof, may be by such house or committee transmitted to the Court of Claims for findings of facts, by Act March 3, 1883, c. 116, 88 1, 3, set forth at the end of this chapter. By the provisions of said act the court is given no authority to enter judgment on claims or matters re- ferred to it, but must report its findings to the House or committee; but by the provision of section 13 of Act March 3, 1887, c. 359, set forth at the end of this chapter, the court, in those cases in which it appears to its satisfaction that it has jurisdiction to enter judgments or de- crees under existing laws, or under the provisions of said act (Act March 3, 1887, c. 359), may do so, and then report its findings to the House or committee. Citizens of the United States having valid claims of indemnity upon the French government arising out of illegal captures, etc., prior to 1801, may apply by petition to the Court of Claims, and said court is authorized to examine and determine the validity and amount of such claims by Act Jan. 20, 1885, c. 25, 88 1, 3, set forth at the end of this chapter. By section 6 of said act, the court is required annually to report its findings and conclusions to Congress. The Court of Claims has jurisdiction of "all claims founded upon the Sec. 1059) 735 Tit. 13— THE JUDICIARY —Ch. 21. > Constitution of the United States or any law of Congress, except for pensions,” or war claims, or claims previously rejected or reported on adversely by any court, department, or commission authorized to hear and determine the same, "or upon any regulation of an Executive De- partment, or upon any contract, expressed or implied, with the govern- ment of the United States, or for damages, liquidated or unliquidated, in cases not sounding in tort, in respect of which claims the party would be entitled to redress against the United States in a court of law, equity, or admiralty if the United States were suable.” Act March. 3, 1887, c. 359, § 1, par. 1, set forth at the end of this chapter. By sec- tion 3 of said act, when any person presents a petition alleging "that he is or has been indebted to the United States as an officer or agent thereof, or by virtue of any contract therewith, or that he is the guaran- tor, or surety, or personal representative of any officer or agent, or con- tractor so indebted, * * * and that he has applied to the proper de- partment of the government" for a settlement, that three years have elapsed from the date of such application, and that there has been no settlement, and that no suit has been brought by the United States, the Court of Claims is authorized to hear the parties, and determine the amount, if any, due the United States, and enter judgment, which shall be binding and conclusive, and upon which the United States may sue. "The Indian Depredation Claims Act” authorizes the Court of Claims to inquire into and finally adjudicate certain claims arising out of depredations committed by Indians. Act March 3, 1891, c. 538, § 1, set forth at the end of this chapter. The Secretary of the Treasury was authorized by Rev. St. $ 256, to employ not more than three persons to assist in the discovery and col- lection of moneys belonging to the United States withheld by any person or corporation, and to make contracts with such persons as to the compensation to be received by them, such compensation being the only remuneration they were entitled to receive for their services. Said section in so far as it related to the appointment of the assistants is repealed by Act June 22, 1874, c. 393, § 1, and the Secretary is thereby empowered to annul and revoke all contracts entered into with such person. Section 2 provides that the court of claims shall have no authority to consider or decide upon any claims for damages by reason of the discontinuance of such contracts, or for any profits or per- centages thereunder. Railroad companies entitled to compensation for the transportation of United States troops are authorized to bring suit therefor in the Court of Claims by Act March 3, 1875, c. 133, post, under Rev. St. $ 5260. Suits to recover compensation for the transportation of troops, govern- ment supplies, mails, freight, and property, may be brought in the Court of Claims, under Rev. St. & 5261. The court of claims is vested with jurisdiction to determine the claims of the Choctaw and Chickasaw Indians to certain lands ceded to the United States by treaty with the Bannock Indians of the Fort Hall Reservation, by Act June 6, 1900, c. 813, 31 Stat. 672. The jurisdic- tion conferred being of a special and temporary character, the act is omitted from this compilation. Jurisdiction is given to the court of claims by Act March 3, 1901, c. 832, 31 Stat. 1078, to hear, ascertain, and report to Congress on the loyalty of the Sisseton and Wahpeton Indians, and to hear, ascertain, and report to Congress on the annuities to be paid to said Indians. The jurisdiction conferred being special and temporary, the act is omitted from this compilation. Set-offs and counterclaims of United States. Second. All set-offs, counter-claims, claims for damages, whether liquidated or unliquidated, or other demands whatsoever, on the part 736 Tit. 13— THE JUDICIARY —Ch- . 21. (Secs. 1059-1060 of the Government of the United States against any person making claim against the Government in said court. Act March 3, 1863, c. 92, & 3, 12 Stat. 765. The language of this section is substantially repeated in paragraph 2 of section 1 of Act March 3, 1887, c. 359, set forth at the end of this chapter. Said section, however, contains a proviso fixing the time within which suits under the act must be brought, and a further pro- viso, added by Act June 27, 1898, c. 503, § 1, and Act July 1, 1898, c. 546, § 3, prescribing the conditions precedent to bringing suits by officers to recover fees for services. Disbursing officers. Third. The claim of any paymaster, quartermaster, commissary of subsistence, or other disbursing officer of the United States, or of his administrators or executors, for relief from responsibility on account of capture or otherwise, while in the line of his duty, of Government funds, vouchers, records, or papers in his charge, and for which such officer was and is held responsible. Act May 9, 1866, c. 75, § 1, 14 Stat. 44. Claims for captured and abandoned property. Fourth. Of all claims for the proceeds of captured or abandoned property, as provided by the act of March 12, eighteen hundred and sixty-three, chapter one hundred and twenty, entitled “An act to pro- vide for the collection of abandoned property and for the prevention of frauds in insurrectionary districts within the United States," or by the act of July two, eighteen hundred and sixty-four, chapter two hun- dred and twenty-five, being an act in addition thereto: Provided, That the remedy given in cases of seizure under the said acts, by pre- ferring claim in the Court of Claims, shall be exclusive, precluding the owner of any property taken by agents of the Treasury Depart- ment as abandoned or captured property in virtue or under color of said acts from suit at common law, or any other mode of redress whatever, before any court other than said Court of Claims: Provided , also, That the jurisdiction of the Court of Claims shall not extend to any claim against the United States growing out of the destruction or appropriation of, or damage to, property by the Army or Navy engaged in the suppression of the rebellion. Act March 12, 1863, c. 120, § 3, 12 Stat. 820. Act July 2, 1864, c. 225, SS 2, 3, 13 Stat. 375, 376. Act July 27, 1868, c. 276, $ 3, 15 Stat. 243. Act Feb. 18, 1875, c. 80, 18 Stat. 318. This section was amended by Act Feb. 18, 1875, c. 80, cited above, by adding all matter beginning with the words "Provided also.” A provision similar to the one added by the amending act of 1875 is found in Act March 3, 1883, c. 116, § 3, and also in Act March 3, 1887, c. 359, § 1, set forth post, at the end of this chapter. Sec. 1060. Private claims in Congress, when transmitted to Court of Claims. All petitions and bills praying or providing for the satisfaction of private claims against the Government, founded upon any law of Con- gress, or upon any regulation of an Executive Department, or upon any contract, expressed or implied, with the Government of the Secs. 1060-1062) Tit. 13—THE JUDICIARY—Ch. 21. 737 United States, shall, unless otherwise ordered by resolution of the House in which they are introduced, be transmitted by the Secretary of the Senate or the Clerk of the House of Representatives, with all the accompanying documents, to the Court of Člaims. Act March 3, 1863, c. 92, § 2, 12 Stat. 765. Any bill, except for a pension, pending in either House of Congress, "providing for the payment of a claim against the United States, legal or equitable, or for any grant, gift, or bounty to any person, may be referred by the House in which the bill is pending to the Court of Claims, and the court is thereupon to proceed therewith in the same manner as with claims or matters transmitted to it under the provisions of Act March 3, 1883, c. 116 (set forth at the end of this chapter), and report to the house the facts in the case, the amount, etc., by Act March 3, 1887, c. 359, § 14, set forth at the end of this chapter. Sec. 1061. Judgments for set-off or counterclaim, how enforced. Upon the trial of any cause in which any set-off, counter-claim, claim for damages, or other demand is set up on the part of the Govern- ment against any person making claim against the Government in said court, the court shall hear and determine such claim or demand both for and against the Government and claimant; and if upon the whole case it finds that the claimant is indebted to the Government, it shall render judgment to that effect, and such judgment shall be final, with the right of appeal, as in other cases provided for by law. Any transcript of such judgment, filed in the clerk's office of any district or circuit court, shall be entered upon the records thereof, and shall thereby become and be a judgment of such court and be enforced as other judgments in such courts are enforced. Act March 3, 1863, c. 92, § 3, 12 Stat. 765. The cases in which appeals may be had to the Supreme Court from a judgment or decree of the Court of Claims are prescribed by Rev. St. § 707, and the time within which such appeals must be taken by Rev. St. § 708. Appeals, under Act March 3, 1887, c. 359, and Act March 3, 1891, c. 538, are provided for by sections 9 and 10, respectively, of said acts, set forth at the end of this chapter. Claimants, under Act March 3, 1891, c. 538, have the same rights of appeal as are or may be reserved in the statutes of the United States, upon limitations and conditions therein contained, by section 10 of said act, set forth at the end of this chapter. Sec. 1062. Decree on accounts of paymasters, etc. Whenever the Court of Claims ascertains the facts of any loss by any paymaster, quartermaster, commissary of subsistence, or other dis- bursing officer, in the cases hereinbefore provided, to have been with- out fault or negligence on the part of such officer, it shall make a decree setting forth the amount thereof, and upon such decree the proper accounting officers of the Treasury shall allow to such officer the amount so decreed, as a credit in the settlement of his accounts. Act May 9, 1866, c. 75, $ 2, 14 Stat. 44. LAWS '01-47 738 Tit. 13—THE JUDICIARY —Ch. 21. (Secs. 1063-1064 Sec. 1063. Claims referred by Departments. Whenever any claim is made against any Executive Department, involving disputed facts or controverted questions of law, where the amount in controversy exceeds three thousand dollars, or where the decision will affect a class of cases, or furnish a precedent for the future action of any Executive Department in the adjustment of a class of cases, without regard to the amount involved in the particular case, or where any authority, right, privilege, or exemption is claimed or denied under the Constitution of the United States, the head of such Department may cause such claim, with all the vouchers, papers, proofs, and documents pertaining thereto, to be transmitted to the Court of Claims, and the same shall be there proceeded in as if orig- inally commenced by the voluntary action of the claimant; and the Secretary of the Treasury may, upon the certificate of any Auditor or Comptroller of the Treasury, direct any account, matter, or claim, of the character, amount, or class described in this section, to be transmitted, with all the vouchers, papers, documents, and proofs per- taining thereto, to the said court, for trial and adjudication: Pro- vided, That no case shall be referred by any head of a Department unless it belongs to one of the several classes of cases which, by rea- son of the subject-matter and character, the said court might, under existing laws, take jurisdiction of on such voluntary action of the claimant. Act June 25, 1868, c. 71, § 7, 15 Stat. 76. Any claim or matter, except "war claims" or claims barred by any law of the United States, pending in any of the executive departments, which may involve controverted questions of fact or law, may be by the head of such department transmitted to the Court of Claims, and it is the duty of the court to report its findings of facts and conclusions of law back to the department, without entering any judgment, by Act March 3, 1883, c. 116, $$ 2, 3, set forth at the end of this chapter; but by the provisions of section 13 of Act March 3, 1887, c. 359, set forth at the end of this chapter, the court, in those cases in which it appears to its satisfaction that it has jurisdiction to enter judgments or decrees under existing laws or under the provisions of said act (Act March 3, 1887, c. 359), may do so, and then report its proceedings to the department. By Act March 3, 1887, c. 359, § 12, set forth at the end of this chapter, any claim or matter involving controverted ques- tions of fact or law, pending in any of the executive departments, may, with the consent of the claimant, be transmitted to the Court of Claims for findings of facts or conclusions of law, to be reported by the court back to the department from whence it came. Sec. 1064. Procedure in cases transmitted by Departments. All cases transmitted by the head of any Department, or upon the certificate of any Auditor or Comptroller, according to the provi- sions of the preceding section, shall be proceeded in as other cases pending in the Court of Claims, and shall, in all respects, be subject to the same rules and regulations. Act June 25, 1868, c. 71, § 7, 15 Stat. 76. The rules of procedure in the Court of Claims under provisions of Act March 3, 1883, c. 116, the "Bowman Act,” are prescribed by sec- Secs. 1065–1067) - . 739 . 21. Tit. 13— THE JUDICIARY —Chtions 1, 2, thereof; under Act January 20, 1885, c. 25, relating to the French Spoliation Claims, by sections 2, 3, thereof; and under Act March 3, 1887, c. 359, relating to suits against the United States, by section 4 thereof, set forth at the end of this chapter Sec. 1065. Judgments in cases transmitted by Departments, how paid. The amount of any final judgment or decree rendered in favor of the claimant, in any case transmitted to the Court of Claims under the two preceding sections, shall be paid out of any specific appro- priation applicable to the case, if any such there be; and where no such appropriation exists, the judgment or decree shall be paid in the same manner as other judgments of the said court. Act June 25, 1868, c. 71, $ 7, 15 Stat. 76. For provisions relating to set-off by the United States of debts due it from any claimant in whose favor judgment has been entered, see Act March 3, 1875, c. 149, post, under Rev. St. § 1089. Under the "French Spoliation Claims Act” the findings and conclu- sions of the Court of Claims are to be transmitted to Congress, by Act Jan. 20, 1885, c. 25, § 6, set forth at the end of this chapter. By Act March 3, 1899, c. 426, set forth at the end of this chapter, provision is made for the payment of awards in cases where the originai suf- ferers have been adjudicated bankrupts. In suits against the United States in the Court of Claims under the provisions of Act March 3, 1887, c. 359, set forth at the end of this chapter, when the judgment or decree is adverse to the United States, it is made the duty of the district attorney to transmit to the Attorney- General certified copies of all papers in the causes in which such judg- ments or decrees have been rendered, by section 10 of said act, and by sction 11 the Attorney-General is required to report to Congress at the beginning of each session all suits in which final judgments have been rendered. Sec, 1066. Claims growing out of treaties not cognizable therein. The jurisdiction of the said court shall not extend to any claim against the Government not pending therein on December one, eighteen hundred and sixty-two, growing out of or dependent on any treaty stipulation entered into with foreign nations or with the Indian tribes. Act March 3, 1863, c. 92, § 9, 12 Stat. 767. Sec. 1067. Claims pending in other courts not to be prosecuted in Court of Claims. No person shall file or prosecute in the Court of Claims, or in the Supreme Court on appeal therefrom, any claim for or in respect to which he or any assignee of his has pending in any other court any suit or process against any person who, at the time when the cause of action alleged in such suit or process arose, was, in respect thereto, acting or professing to act, mediately or immediately, under the au- thority of the United States. Act June 25, 1868, c. 71, § 8, 15 Stat. 77. 740 Tit. 13—THE JUDICIARY —Ch. 21. (Secs. 1068–1070 Sec. 1068. Aliens. Aliens, who are citizens or subjects of any government which ac- cords to citizens of the United States the right to prosecute claims against such government in its courts, shall have the privilege of prosecuting claims against the United States in the Court of Claims, whereof such court, by reason of their subject-matter and character, might take jurisdiction. Act July, 1868, c. 276, § 2, 15 Stat. 243. Sec. 1069. Limitation. Every claim against the United States, cognizable by the Court of Claims, shall be forever barred unless the petition setting forth a statement thereof is filed in the court, or transmitted to it by the Secretary of the Senate or the Clerk of the House of Representa- tives as provided by law, within six years after the claim first ac- crues: Provided, That the claims of married women first accrued during marriage, of persons under the age of twenty-one years first accrued during minority, and of idiots, lunatics, insane persons, and persons beyond the seas at the time the claim accrued, entitled to the claim, shall not be barred if the petition be filed in the court or transmitted, as aforesaid, within three years after the disability has ceased; but no other disability than those enumerated shall prevent any claim from being barred, nor shall any of the said disabilities operate cumulatively. Act March 3, 1863, c. 92, § 10, 12 Stat. 767. Claims or matters barred by any law of the United States cannot be transmitted to the Court of Claims by Congress or committees there- of, or by the executive departments, under Act March 3, 1883, c. 116, by section 3 thereof, set forth at the end of this chapter. Claims under the "French Spoliation Claims Act” are barred unless presented within two years from the passage of the act, Act Jan. 20, 1885, c. 25, $ 6, set forth at the end of this chapter. Suits against the United States, brought under the provisions of Act March 3, 1887, c. 359, must be begun within six years after the right accrued for which the claim is made, by section 1 thereof, set forth at the end of this chapter. Limitations under the "Indian Depredation Claims Act," Act March 3, 1891, c. 538, are prescribed by section 2 thereof, set forth post, at the end of this chapter. Sec. 1070. Rules of practice; contempts. The said court shall have power to establish rules for its govern- ment and for the regulation of practice therein, and it may punish for contempt in the manner prescribed by the common law, may appoint commissioners, and may exercise such powers as are neces- sary to carry into effect the powers granted to it by law. Act Feb. 24, 1855, c. 122, § 3, 10 Stat. 613. Act March 3, 1863, c. 92, § 4, 12 Stat. 765. See note under Rev. St. 8 1064. Secs. 1071-1073) Tit. 13—THE JUDICIARY --Ch. 21. 741 Sec. 1071. Oaths and acknowledgments. The judges and clerks of said court may administer oaths and affirmations, take acknowledgments of instruments in writing, and give certificates of the same. Act March 3, 1863, c. 92, § 4, 12 Stat. 765. Sec. 1072. Petition, The claimant shall, in all cases, fully set forth in his petition the claim, the action thereon in Congress, or by any of the Departments, if such action has been had; what persons are owners thereof or interested therein, when and upon what consideration such persons became so interested; that no assignment or transfer of said claim, or of any part thereof or interest therein, has been made, except as stated in the petition; that said claimant is justly entitled to the amount therein claimed from the United States, after allowing all just credits and off-sets; that the claimant, and, where the claim has been assigned, the original and every prior owner thereof, if a citizen, has at all times borne true allegiance to the Government of the United States, and, whether a citizen or not, has not in any way voluntarily aided, abetted, or given encouragement to rebellion against the said Government, and that he believes the facts as stated in the said petition to be true. And the said petition shall be verified by the affidavit of the claimant, his agent, or attorney. Act Feb. 24, 1855, c. 122, § 1, 10 Stat. 612. Act March 3, 1863, c. 92, § 12, 12 Stat. 767. In case of a claim for supplies or stores taken by or furnished to the military or naval forces of the United States, during the late civil war, the petition must contain an averment of the claimant's loyalty to the government, and the claim must be dismissed unless such loyalty is es- tablished, the same being made a jurisdictional fact by Act March 3, 1883, c. 116, § 4, set forth at the end of this chapter. The contents of petitions in suits brought under the provisions of Act March 3, 1887, c. 359, cognizable in the district and circuit courts, are prescribed by section 5 thereof, set forth at the end of this chapter. The form, requisites, and contents of petitions in proceedings under the "Indian Depredation Claims Act” are prescribed by Act March 3, 1891, c. 538, § 3, set forth at the end of this chapter. Sec. 1073. Petition dismissed, if issue found against claimant as to allegiance, etc. The said allegations as to true allegiance and voluntary aiding, abetting, or giving encouragement to rebellion against the Govern- ment may be traversed by the Government, and if on the trial such issues shall be decided against the claimant, his petition shall be dismissed. Act March 3, 1863, c. 92, $ 12, 12 Stat. 767. See note under Rev. St. § 1072. 742 Tit. 13—THE JUDICIARY —Ch. 21. (Secs. 1074-1077 Sec. 1074. Burden of proof and evidence as to loyalty. Whenever it is material in any claim to ascertain whether any person did or did not give any aid or comfort to the late rebellion, the claimant asserting the loyalty of any such person to the United States during such rebellion shall be required to prove affirmatively that such person did, during said rebellion, consistently adhere to the United States, and did give no aid or comfort to persons en- gaged in said rebellion; and the voluntary residence of any such person in any place where, at any time during such residence, the rebel force or organization held sway, shall be prima-facie evidence that such person did give aid and comfort to said rebellion and to the persons engaged therein. Act June 25, 1868, c. 71, § 3, 15 Stat. 75. Sec. 1075. Commissioners to take testimony. The Court of Claims shall have power to appoint commissioners to take testimony to be used in the investigation of claims which come before it; to prescribe the fees which they shall receive for their services, and to issue commissions for the taking of such tes- timony, whether taken at the instance of the claimant or of the United States. Act Feb. 24, 1855, c. 122, § 3, 10 Stat. 613. Act March 3, 1863, c. 92, § 4, 12 Stat. 765. Sec. 1076. Power to call upon Departments for information. The said court shall have power to call upon any of the Depart- ments for any information or papers it may deem necessary, and shall have the use of all recorded and printed reports made by the committees of each House of Congress, when deemed necessary in the prosecution of its business. But the head of any Department may refuse and omit to comply with any call for information or pa- pers when, in his opinion, such compliance would be injurious to the public interest. Act Feb. 24, 1855, c. 122, § 11, 10 Stat. 614. A somewhat similar provision is contained in Rev. St. $ 188. Papers, reports, evidence, records, and proceedings on file or of record in any of the departments, etc., may be required by the Court of Claims under Act March 3, 1891, c. 538, § 11, set forth at the end of this chapter. Sec. 1077. When testimony not to be taken. When it appears to the court in any case that the facts set forth in the petition of the claimant do not furnish any ground for relief, Secs. 1078–1081) 713 Tit. 13— THE JUDICIARY —Ch. 21. it shall not be the duty of the court to authorize the taking of any testimony therein. Act Feb. 24, 1855, c. 122, § 4, 10 Stat. 613. Sec. 1078. Witnesses not excluded on account of color. No witness shall be excluded in any suit in the Court of Claims on account of color. Act July 2, 1864, c. 210, § 3, 13 Stat. 351. Act March 2, 1867, c. 166, § 2, 14 Stat. 457. Act June 25, 1868, c. 71, § 4, 15 Stat. 75. Sec. 1079. [Repealed. Act March 3, 1887, c. 359, § 8.] This section provided that all parties and persons interested in any title, claim, or right pending in the Court of Claims should not be competent witnesses. It is expressly repealed by Act March 3, 1887, c. 359, § 8, set forth at the end of this chapter. Under the various acts subsequent to this section, conferring juris- diction of certain claims and matters upon the Court of Claims, provisos are inserted to the effect that all parties or persons interested in pro- ceedings brought under such acts shall not thereby become incompetent as witnesses. See Act March 3, 1883, c. 116, § 6, and Act March 3, 1887, c. 359, § 8, set forth at the end of this chapter. Sec. 1080. Examination of claimant. The court may, at the instance of the attorney or solicitor appear- ing in behalf of the United States, make an order in any case pend- ing therein, directing any claimant in such case to appear, upon reasonable notice, before any commissioner of the court, and be ex- amined on oath touching any or all matters pertaining to said claim. Such examination shall be reduced to writing by the said commis- sioner, and be returned to and filed in the court, and may, at the discretion of the attorney or solicitor of the United States appear- ing in the case, be read and used as evidence on the trial thereof. And if any claimant, after such order is made, and due and reason- able notice thereof is given to him, fails to appear, or refuses to testify or answer fully as to all matters within his knowledge mate- rial to the issue, the court may, in its discretion, order that the said cause shall not be brought forward for trial until he shall have fully complied with the order of the court in the premises. Act March 3, 1863, c. 92, § 8, 12 Stat. 766. Act June 25, 1868, c. 71, $ 4, 15 Stat. 75. The provisions of this section are made applicable to suits brought under the provisions of Act March 3, 1887, c. 359, by section 8 of that act, set forth at the end of this chapter. Sec. 1081. Testimony taken where deponent resides. The testimony in cases pending before the Court of Claims shall 744 Tit. 13—THE JUDICIARY –Ch. 21. (Secs. 1082-1085 be taken in the county where the witness resides, when the same can be conveniently done. Act Feb. 24, 1855, c. 122, & 3, 10 Stat. 613. Sec. 1082. Witnesses, how compelled to attend before commissioners. The Court of Claims may issue subpænas to require the attend- ance of witnesses in order to be examined before any person com- missioned to take testimony therein, and such subpænas shall have the same force as if issued from a district court, and compliance therewith shall be compelled under such rules and orders as the court shall establish. Act Feb. 24, 1855, c. 122, & 3, 10 Stat. 613. Sec. 1083. Cross-examination. In taking testimony to be used in support of any claim, oppor- tunity shall be given to the United States to file interrogatories, or by attorney to examine witnesses, under such regulations as said court shall prescribe; and like opportunity shall be afforded the claimant, in cases where testimony is taken on behalf of the United States, under like regulations. Act Feb. 24, 1855, c. 122, § 5, 10 Stat. 613. Sec. 1084. Witnesses, how sworn. The commissioner taking testimony to be used in the Court of Claims shall administer an oath or affirmation to the witnesses brought before him for examination. Act Feb. 24, 1855, c. 122, § 3, 10 Stat. 613. Sec. 1085. Fees of commissioner, by whom paid. When testimony is taken for the claimant, the fees of the com- missioner before whom it is taken, and the cost of the commission and notice, shall be paid by such claimant; and when it is taken at the instance of the Government, such fees, together with all postage incurred by the Assistant Attorney-General, shall be paid out of the contingent fund provided for the Court of Claims, or other appro- priation made by Congress for that purpose. Act Feb. 24, 1855, c. 122, § 3, 10 Stat. 613. The cost of printing the record in every cause in the Supreme Court or in the Court of Claims is to be taxed against the losing party, and collected, except when the judgment is against the United States, by the clerks of said courts, respectively, and paid into the Treasury, by a provision of Act March 3, 1877, c. 105, ante, under Rev. St. 981. Secs. 1086-1089) Tit. 13– THE JUDICIARY –Ch. 21. 745 Sec. 1086. Claims forfeited for fraud. Any person who corruptly practices or attempts to practice any fraud against the United States in the proof, statement, establish- ment, or allowance of any claim, or of any part of any claim against the United States, shall ipso facto forfeit the same to the Govern- ment; and it shall be the duty of the Court of Claims, in such cases, to find specifically that such fraud was practiced or attempted to be practiced, and thereupon to give judgment that such claim is for- feited to the Government, and that the claimant be forever barred from prosecuting the same. Act March 3, 1863, c. 92, § 11, 12 Stat. 767. An appeal may be taken from the judgment of the Court of Claims in cases provided for by this section to the Supreme Court, by Rev. St. $707. A similar prohibition against the allowance of claims under Act June 16, 1874, c. 285, to any person fraudulently claiming more than was justly due, or presenting false evidence in support thereof, is contained in section 2 of that act, ante, under Rev. St. $ 300 B. Sec. 1087. New trial on motion of claimant. When judgment is rendered against any claimant, the court may grant a new trial for any reason which, by the rules of common law or chancery in suits between individuals, would furnish sufficient ground for granting a new trial. Act Feb. 24, 1855, c. 122, § 9, 10 Stat. 614. Sec. 1088. New trial on motion of United States. The Court of Claims, at any time while any claim is pending be- fore it, or on appeal from it, or within two years next after the final disposition of such claim, may, on motion on behalf of the United States, grant a new trial and stay the payment of any judgment therein, upon such evidence, cumulative or otherwise, as shall satisfy the court that any fraud, wrong, or injustice in the premises has been done to the United States; but until an order is made staying the payment of a judgment, the same shall be payable and paid as now provided by law. Act June 25, 1868, c. 71, 82, 15 Stat. 75. Sec. 1089. Payment of judgments. In all cases of final judgments by the Court of Claims, or, on ap- peal, by the Supreme Court, where the same are affirmed in favor of the claimant, the sum due thereby shall be paid out of any general appropriation made by law for the payment and satisfaction of pri- vate claims, on presentation to the Secretary of the Treasury of a copy of said judgment, certified by the clerk of the Court of Claims, 746 Tit. 13—THE JUDICIARY —Ch- . 21. (Secs. 1089–1090 and signed by the chief justice, or, in his absence, by the presiding judge of said court. Act March 3, 1863, c. 92, § 7, 12 Stat. 766. By a subsequent provision the Secretary of the Treasury is required to certify to Congress for appropriation only such judgments as are not to be appealed, or such judgments as, having been appealed, have been decided to be due and payable. Act Sept. 30, 1890, c. 1126, § 1, post, under Rev. St. $ 1090. Provisions for deducting, from any judgment recovered or other claim duly allowed against the United States, the amount of any indebtedness of the plaintiff or claimant to the United States, are contained in Act March 3, 1875, c. 149, set forth below. ACT MARCH 3, 1875, c. 149. An Act to Provide for Deducting any Debt Due the United States from any Judgment Recovered against the United States by such Debtor. (18 Stat. 481.) Judgments and claims against the United States subject to off-sets; proceedings. Be it enacted, &c., That when any final judgment recovered against the United States or other claim duly allowed by legal authority, shall be presented to the Secretary of the Treasury for payment, and the plaintiff or claimant therein shall be indebted to the United States in any manner, whether as principal or surety, it shall be the duty of the Secretary to withhold payment of an amount of such judg- ment or claim equal to the debt thus due to the United States; and if such plaintiff or claimant assents to such set off, and discharges his judgment or an amount thereof equal to said debt or claim, the Sec- retary shall execute a discharge of the debt due from the plaintiff to the United States. But if such plaintiff, or claimant, denies his indebtedness to the United States, or refuses to consent to the set-off, then the Secretary shall withhold payment of such further amount of such judgment, or claim, as in his opinion will be sufficient to cover all legal charges and costs in prosecuting the debt of the United States to final judgment. And if such debt is not already in suit, it shall be the duty of the Secretary to cause legal proceedings to be imme- diately commenced to enforce the same, and to cause the same to be prosecuted to final judgment with all reasonable dispatch. And if in such action judgment shall be rendered against the United States, or the amount recovered for debt and costs shall be less than the amount so withheld as before provided, the balance shall then be paid over to such plaintiff by such Secretary with six per cent. interest, thereon for the time it has been withheld from the plaintiff. Act March 3, 1875, c. 149, § 1, 18 Stat. 481. Sec. 1090. ¡Superseded. Act Sept. 30, 1890, C. 1126.] This section allowed interest, where a judgment in favor of the claimant was appealed from and affirmed by the Supreme Court, at the rate of five per cent. per annum, from the date of presentation of a certified copy of the judgment to the Secretary of the Treasury, as Secs. 1090-1093). Tit747 Tit. JUDICIARY JUDICIARY —Ch. 21. . 13—THE 13—THE provided by Rev. St. $ 1089. It is superseded by a provision of Act Sept. 30, 1890, c. 1126, § 1, set forth below. ACT SEPT. 30, 1890, c. 1126, § 1. Judgments to be certified by Secretary of the Treasury; interest. * * That hereafter it shall be the duty of the Secretary of the Treasury to certify to Congress for appropriation only such judgments of the Court of Claims as are not to be appealed, or such appealed cases as shall have been decided by the Supreme Court to be due and payable. And on judgments in favor of claimants which have been appealed by the United States and affirmed by the Supreme Court, in- terest, at the rate of four per centum per annum, shall be allowed and paid from the date of filing the transcript of judgment in the Treasury Department up to and including the date of the mandate of affirmance by the Supreme Court: Provided, That in no case shall interest be al- lowed after the term of the Supreme Court at which said judgment was affirmed. Act Sept. 30, 1890, c. 1126, § 1, 26 Stat. 537. These are provisions of the deficiency appropriation act for the fiscal year ending June 30, 1890. Final judgments or decrees rendered in suits brought under the pro- visions of Act March 3, 1887, c. 359, bear interest from the date of the rendition thereof to the time when an appropriation is made for the payment thereof, at the rate of four per centum per annum, by section 10 of said act, set forth at the end of this chapter. Sec. 1091. Interest on claims. No interest shall be allowed on any claim up to the time of the rendition of judgment thereon by the Court of Claims, unless upon a contract expressly stipulating for the payment of interest. Act March 3, 1863, c. 92, § 7, 12 Stat. 706. Sec. 1092. Payment of judgment a full discharge, etc. The payment of the amount due by any judgment of the Court of Claims and of any interest thereon allowed by law, as hereinbefore provided, shall be a full discharge to the United States of all claim and demand touching any of the matters involved in the controversy. Act March 3, 1863, c. 92, § 7, 12 Stat. 766. Sec. 1093. Final judgments a bar. Any final judgment against the claimant on any claim prosecuted as provided in this chapter shall forever bar any further claim or demand against the United States arising out of the matters involved in the controversy. Act March 3, 1863, c. 92, § 7, 12 Stat. 766. 748 (Sec. 1093 Tit. 13--THE JUDICIARY Ch. 21. [TRANSMISSION OF CLAIMS OR MATTERS BY CONGRESS OR DEPARTMENTS FOR FINDINGS OF FACTS AND CONCLUSIONS OF LAW. (BOWMAN ACT.)] ACT MARCH 3, 1883, c. 116. An Act to Afford Assistance and Relief to Congress and the Exec- utive Departments in the Investigation of Claims and Demands against the Government. (22 Stat. 485.) Congress or committees thereof may transmit claims or matters to Court of Claims; facts to be reported. Be it enacted, &c., That whenever a claim or matter is pending before any committee of the Senate or House of Representatives, or before either House of Congress, which involves the investigation and determination of facts, the committee or house may cause the same, with the vouchers, papers, proofs, and documents pertaining thereto, to be transmitted to the court of Claims of the United States, and the same shall there be proceeded in under such rules as the court may adopt. When the facts shall have been found, the court shall not enter judgment thereon, but shall report the same to the committee or to the house by which the case was transmitted for its consideration. Act March 3, 1883, c. 116, § 1, 22 Stat. 485. The court is authorized to enter judgment in cases transmitted to it under the provisions of this act whenever it shall appear to its satis- faction that it has jurisdiction to do so under existing laws or the provisions of the act relating to suits against the United States (Act March 3, 1887, c. 359), by Act March 3, 1887, c. 359, § 13, set forth below. See note under Rev. St. & 1059, par. 1. See also, Act Jan. 20, 1885, c. 25, Act March 3, 1887, c. 359, $$ 1, 3, Act March 3, 1891, c. 538, § 1, set forth below. Executive departments may transmit claims or matters to Court of Claims; facts to be reported. Sec. 2. That when a claim or matter is pending in any of the exec- utive departments which may involve controverted questions of fact or law, the head of such department may transmit the same, with the vouchers, papers, proofs, and documents pertaining thereto, to said court, and the same shall be there proceeded in under such rules as the court may adopt. When the facts and conclusions of law shall have been found, the court shall not enter judgment thereon, but shall report its findings and opinions to the Department by which it was transmitted for its guidance and action. Act March 3, 1883, c. 116, $ 2, 22 Stat. 485. See note under Rev. St. § 1059, par. 1, and note under section 1 of this act; also Act March 3, 1887, c. 359, § 12, set forth below. Jurisdiction not to extend to certain war claims or claims barzed by law. Sec. 3. The jurisdiction of said court shall not extend to or include any claim against the United States growing out of the destruction or damage to property by the Army or Navy during the war for the suppression of the rebellion, or for the use and occupation of real Sec. 1093) 749 Tit. 13— THE JUDICIARY –Ch. 21. estate by any part of the military or naval forces of the United States in the operations of said forces during the said war at the seat of war; nor shall the said court have jurisdiction of any claim against the United States which is now barred by virtue of the provisions of any law of the United States. Act March 3, 1883, c. 115, $ 3, 22 Stat. 485. The provision of this section excluding from the jurisdiction of the court "war claims" is similar to that contained in Rev. St. § 1059, par. 4. Petition in case of claim for supplies to Army or Navy during civil war; averment of loyalty. Sec. 4. In any case of a claim for supplies or stores taken by or furnished to any part of military or naval forces of the United States for their use during the late war for the suppression of the rebellion, the petition shall aver that the person who furnished such supplies or stores, or from whom such supplies or stores were taken, did not give any aid or comfort to said rebellion, but was throughout that war loyal to the Government of the United States, and the fact of such loyalty shall be a jurisdictional fact; and unless the said court shall, on a preliminary inquiry, find that the person who fur- nished such supplies or stores, or from whom the same were taken as aforesaid, was loyal to the Government of the United States throughout said war, the court shall not have jurisdiction of such cause, and the same shall, without further proceedings, be dismissed. Act March 3, 1883, c. 116, $4, 22 Stat. 486. The claimant, in all cases brought under the Revised Statutes, must, in his petition, make an allegation of allegiance and loyalty. Rev. St. $$ 1072-1074. Attorney-General to defend and interpose counterclaims, etc. Sec. 5. That the Attorney-General, or his assistants, under his di- rection, shall appear for the defense and protection of the interests of the United States in all cases which may be transmitted to the Court of Claims under this act, with the same power to interpose counter-claims, offsets, defenses for fraud practiced or attempted to be practiced by claimants, and other defenses, in like manner as he is now required to defend the United States in said court. Act March 3, 1883, c. 116, § 5, 22 Stat. 486. The Attorney-General is required to appear and resist all claims brought under the provisions of the "French Spoliation Claims Act” (Act Jan. 20, 1885, c. 25), by section 4 thereof, set forth below. Parties and persons interested may be witnesses. Sec. 6. That in the trial of such cases no person shall be excluded as a witness because he or she is a party to or interested in the same. Act March 3, 1883, c. 116, § 6, 22 Stat. 486. The provisions of Rev. St. § 1079, that no claimant, nor any person from or through whom such claimant derived his alleged title, claim, or right against the United States, nor any person interested in any such title, claim, or right, could be a competent witness, are repealed by Act March 3, 1887, c. 359, § 8, set forth below, which also makes parties and persons interested in suits brought under the provisions of the act competent witnesses. 750 (Sec. 1093 Tit. 13—THE JUDICIARY —Ch. 21. Reports of court to Congress. Sec. 7. That reports of the Court of Claims to Congress under this act, if not finally acted upon during the session at which they are reported, shall be continued from session to session and from Congress to Congress until the same shall be finally acted upon. Act March 3, 1883, c. 116, § 7, 22 Stat. 486. [FRENCH SPOLIATION CLAIMS.] ACT JAN. 20, 1885, c. 25. An Act to Provide for the Ascertainment of Claims of American Citizens for Spoliations Committed by the French prior to the thirty-first day of July, Eighteen Hundred and One. (23 Stat. 283.) French spoliation claims to be filed in Court of Claims; exceptions. Be it enacted, &c., That such citizens of the United States, or their legal representatives, as had valid claims to indemnity upon the French Government arising out of illegal captures, detentions, sei- zures, condemnations, and confiscations prior to the ratification of the convention between the United States and the French Republic concluded on the thirtieth day of September, eighteen hundred, the ratifications of which were exchanged on the thirty-first day of July following, may apply by petition to the Court of Člaims, within two years from the passage of this act, as hereinafter provided: Provided, That the provisions of this act shall not extend to such claims as were embraced in the convention between the United States and the French Republic concluded on the thirtieth day of April, eighteen hundred and three; nor to such claims growing out of the acts of France as were allowed and paid, in whole or in part, under the provisions of the treaty between the United States and Spain concluded on the twenty-second day of February, eighteen hundred and nineteen; nor to such claims as were allowed, in whole or in part, under the pro- visions of the treaty between the United States and France concluded on the fourth day of July, eighteen hundred and thirty-one. Act Jan. 20, 1885, c. 25, § 1, 23 Stat. 283. See note under Rev. St. $1059, par. 1. See, also, Act March 3, 1883, c. 116, § 1, set forth above, Act March 3, 1887, c. 359, § 1, and Act March 3, 1891, c. 538, below. Court may make rules and regulations. Sec. 2. That the court is hereby authorized to make all needful rules and regulations, not contravening the laws of the land or the provi- sions of this act, for executing the provisions hereof. Act Jan. 20, 1885, c. 25, § 3, 23 Stat. 283. See note under Rev. St. § 1064, Determination as to validity, etc., of claims; procedure and evidence. Sec. 3. That the court shall examine and determine the validity and amount of all the claims included within the description above mentioned, together with their present ownership, and, if by as- signee, the date of the assignment, with the consideration paid there- for: Provided, That in the course of their proceedings they shall Sec. 1093) 751 Tit. 13— THE JUDICIARY —Ch. 21. receive all suitable testimony on oath or affirmation, and all other proper evidence, historic and documentary, concerning the same; and they shall decide upon the validity of said claims according to the rules of law, municipal and international, and the treaties of the United States applicable to the same, and shall report all such con- clusions of fact and law as in their judgment may affect the liability of the United States therefor. Act Jan. 20, 1885, c. 25, § 3, 23 Stat. 283. Attorney-General to appear and resist claims. Sec. 4. That the court shall cause notice of all petitions presented under this act to be served on the Attorney-General of the United States, who shall be authorized, by himself or his assistant, to ex- amine witnesses, to cause testimony to be taken, to have access to all testimony taken under this act, and to be heard by the court. He shall resist all claims presented under this act by all proper legal defenses. Act Jan. 20, 1885, c. 25, § 4, 23 Stat. 284. The Attorney-General is required to appear and resist claims, etc., brought under the provisions of the "Bowman Act" (Act March 3, 1883, c. 116), by section 5 thereof, set forth above. Evidence and documents from abroad to be procured, used, etc. Sec. 5. That it shall be the duty of the Secretary of State to pro- cure, as soon as possible after the passage of this act, through the American minister at Paris or otherwise, all such evidence and docu- ments relating to the claims above mentioned as can be obtained from abroad; which, together with the like evidence and documents on file in the Department of State, or which may be filed in the Department, may be used before the court by the claimants inter- ested therein, or by the United States, but the same shall not be removed from the files of the court, and after the hearings are closed the record of the proceedings of the court and the documents pro- duced before them shall be deposited in the Department of State. Act Jan. 20, 1885, c. 25, § 5, 23 Stat. 284. Reports of court to Congress; limitations; liability of United States. Sec. 6. That on the first Monday of December in each year the court shall report to Congress, for final action, the facts found by it, and its conclusions in all cases which it has disposed of and not previously reported. Such finding and report of the court shall be taken to be merely advisory as to the law and facts found, and shall not conclude either the claimant or Congress; and all claims not finally presented to said court within the period of two years limited by this act shall be forever barred; and nothing in this act shall be construed as committing the United States to the payment of any such claims. Act Jan. 20, 1885, c. 25, $ 6, 23 Stat. 284. See ante, note under Rev. St. § 1069. ACT MARCH 3, 1899, c. 426, 8 1. Awards to next of kin of persons adjudicated bankrupts; certificate by court that personal representative represents next of kin. That in all cases where the original sufferers were adjudicated * * 752 (Sec. 1093 Tit. 13—THE JUDICIARY —Ch. 21. bankrupts the awards shall be made on behalf of the next of kin instead of to assignees in bankruptcy, and the awards in the cases of individual claimants shall not be paid until the Court of Claims shall certify to the Secretary of the Treasury that the personal repre- sentatives on whose behalf the award is made represent the next of kin, and the courts which granted the administrations, respectively, shall have certified that the legal representatives have given adequate security for the legal disbursements of the awards. * Act March 3, 1899, c. 426, § 1, 30 Stat. 1161. This is a proviso annexed to an appropriation for payment of certain claims allowed under the “Bowman Act," the "French Spoliation Claims Act," and various other claims. The omitted portions refer to the other claims, and are purely temporary. The deficiency appropriation act for the fiscal year ending June 30, 1891, contains a similar proviso. Act March 3, 1891, c. 540, 26 Stat. 908. * [SUITS AGAINST THE UNITED STATES.) ACT MARCH 3, 1887, c. 359. [As amended 1898.] An Act to Provide for the Bringing of Suits against the Govern- ment of the United States. (24 Stat. 505.) Jurisdiction. Be it enacted, etc., That the Court of Claims shall have jurisdic- tion to hear and determine the following matters : Claims founded on Constitution or laws of United States, or upon con- tract in cases not sounding in tort; exceptions. First. All claims founded upon the Constitution of the United States or any law of Congress, except for pensions, or upon any regulation of an Executive Department, or upon any contract, ex- pressed or implied, with the Government of the United States, or for damages, liquidated or unliquidated, in cases not sounding in tort, in respect of which claims the party would be entitled to redress against the United States either in a court of law, equity, or ad- miralty if the United States were suable: Provided, however, That nothing in this section shall be construed as giving to either of the courts herein mentioned, jurisdiction to hear and determine claims growing out of the late civil war, and commonly known as "war claims,” or to hear and determine other claims, which have hereto- fore been rejected, or reported on adversely by any court, Depart- ment, or commission authorized to hear and determine the same. Act March 3, 1887, c. 359, § 1, 24 Stat. 505. The provisions of this paragraph are somewhat similar to those of Rev. St. $ 1059, par. 1, except that it is perhaps broader in its scope. The proviso relating to "war claims" is similar to those annexed to Rev. St. § 1059, par. 4, and Act March 3, 1883, c. 116, § 3, set forth above. Set-offs and counterclaims of United States; limitations; suits by officers for fees. Second. All set-offs, counter-claims, claims for damages, whether liquidated or unliquidated, or other demands whatsoever on the part of the Government of the United States against any claimant against Sec. 1093) 753 Tit. 13—THE JUDICIARY —Ch. 21. the Government in said court: Provided, That no suit against the Government of the United States, shall be allowed under this act unless the same shall have been brought within six years after the right accrued for which the claim is made: Provided further, That no suit against the Government of the United States, brought by any officer of the United States to recover fees for services alleged to have been performed for the United States, shall be allowed un- der this Act unless an account for said fees shall have been rendered and finally acted upon according to the provisions of the Act of July thirty-first, eighteen hundred and ninety-four (chapter one hun- dred and seventy-four, Twenty-eighth Statutes at Large, page one hundred and sixty-two), unless the proper accounting officer of the Treasury fails to finally act thereon within six months after the ac- count is received in said office. Act March 3, 1887, c. 359, § 1, 24 Stat. 505. Act June 27, 1898, c. 503, § 1, 30 Stat. 494. Act July 1, 1898, c. 546, § 3, 30 Stat. 597. The last proviso was added to this paragraph by amendment by Act June 27, 1898, c. 503, § 1, cited above, re-enacted in the same language by Act July 1, 1898, c. 546, also cited above. The provision relating to set-offs, counterclaims, etc., is almost identical with that contained in Rev. St. § 1059, par. 2. The period of limitations under the first proviso is the same as that prescribed by Rev. St. § 1069. Limitations applicable to proceedings under the "Bowman Act" (Act March 3, 1883, c. 116) are prescribed by section 3 thereof, set forth above; under the “French Spoliation Claims Act" (Act Jan. 20, 1885, c. 25), by section 6 thereof, set forth above; and under the "Indian Depredation Claims Act” (Act March 3, 1891, c. 538), by section 2 thereof, set forth below. Act July 31, 1894, c. 174, referred to in the last proviso is the legisla- tive, executive, and judicial appropriation act for the fiscal year ending June 30, 1895. It contains provisions for the settlement of accounts by the accounting officers of the Treasury Department, which are set forth ante, following Rev. St. $ 277. Concurrent jurisdiction of district and circuit courts; exceptions. Sec. 2. That the district courts of the United States shall have concurrent jurisdiction with the Court of Claims as to all matters named in the preceding section where the amount of the claim does not exceed one thousand dollars, and the circuit courts of the United States shall have such concurrent jurisdiction in all cases where the amount of such claim exceeds one thousand dollars and does not exceed ten thousand dollars. All causes brought and tried under the provisions of this act shall be tried by the court without a jury. The jurisdiction hereby conferred upon the said circuit and district courts shall not extend to cases brought to recover fees, salary, or compensation for official services of officers of the United States or brought for such purpose by persons claiming as such officers or as assignees or legal representatives thereof. Act March 3, 1887, c. 359, § 3, 24 Stat. 505. Act June 27, 1898, c. 503, $ 2, 30 Stat. 494. The amendment of this section by Act June 27, 1898, c. 503, & 2, cited above, consists in the addition of the provision beginning with the words “The jurisdiction hereby conferred.” In order that the amendment might not have the effect of abating actions already pending in said courts, Act Feb. 26, 1900, c. 25, set forth below, provided that no such suits should abate, etc. LAWS '01-48 754 (Sec. 1093 Tit. 13— THE JUDICIARY —Ch. 21. cause. Ascertainment of amounts due from officers and others to United States. Sec. 3. That whenever any person shall present his petition to the Court of Claims alleging that he is or has been indebted to the United States as an officer or agent thereof, or by virtue of any con- tract therewith, or that he is the guarantor, or surety, or personal representative of any officer, or agent, or contractor so indebted, or that he, or the person for whom he is such surety, guarantor, or personal representative has held any office or agency under the United States, or entered into any contract therewith, under which it may be or has been claimed that an indebtedness to the United States has arisen and exists, and that he or the person he represents has applied to the proper Department of the Government request- ing that the account of such office, agency, or indebtedness may be adjusted and settled, and that three years have elapsed from the date of such application and said account still remains unsettled and unadjusted, and that no suit upon the same has been brought by the United States, said court shall, due notice first being given to the head of said Department and to the Attorney-General of the United States, proceed to hear the parties and to ascertain the amount, if any, due the United States on said account. The Attor- ney-General shall represent the United States at the hearing of said The court may postpone the same from time to time when- ever justice shall require. The judgment of said court or of the Supreme Court of the United States, to which an appeal shall lie, as in other cases, as to the amount due, shall be binding and con- clusive upon the parties. The payment of such amount so found due by the court shall discharge such obligation. An action shall accrue to the United States against such principal, or surety, or representative to recover the amount so found due, which may be brought at any time within three years after the final judgment of said court. Unless suit shall be brought within said time, such claim and the claim on the original indebtedness shall be forever barred. Act March 3, 1887, c. 359, $ 3, 24 Stat. 505. Jurisdiction and procedure of respective courts under act. Sec. 4. That the jurisdiction of the respective courts of the United States proceeding under this act, including the right of exception and appeal, shall be governed by the law now in force, in so far as the same is applicable and not inconsistent with the provisions of this act; and the course of procedure shall be in accordance with the established rules of said respective courts, and of such additions and modifications thereof as said courts may adopt. Act March 3, 1887, c. 359, § 4, 24 Stat. 506. The right of appeal to the Supreme Court is governed by Rev. St. $ 707; and the time within which such appeal must be taken, by Rev. St. 8 708. Authority is conferred on the court to establish rules for its gov- ernment, etc., and to exercise such powers as are necessary to carry into effect the powers granted to it by law, by Rev. St. § 1070. Petitions in cases in district and circuit courts. Sec. 5. That the plaintiff in any suit brought under the provisions of the second section of this act shall file a petition, duly verified Sec. 1093) 755 Tit. 13— THE JUDICIARY —Ch. 21. with the clerk of the respective court having jurisdiction of the case, and in the district where the plaintiff resides. Such petition shall set forth the full name and residence of the plaintiff, the nature of his claim, and a succinct statement of the facts upon which the claim is based, the money or any other thing claimed, or the damages sought to be recovered and praying the court for a judgment or decree upon the facts and law. Act March 3, 1887, c. 359, § 5, 24 Stat. 506. Service of petition; district attorney to appear and defend; failure of district attorney to answer. Sec. 6. That the plaintiff shall cause a copy of his petition filed under the preceding section to be served upon the district attorney of the United States in the district wherein suit is brought, and shall mail a copy of the same, by registered letter, to the Attorney-Gen- eral of the United States, and shall thereupon cause to be filed with the clerk of the court wherein suit is instituted an affidavit of such service and the mailing of such letter. It shall be the duty of the district attorney upon whom service of petition is made as aforesaid to appear and defend the interests of the Government in the suit, and within sixty days after the service of petition upon him, unless the time should be extended by order of the court made in the case to file a plea, answer, or demurrer on the part of the Government, and to file a notice of any counter-claim, set-off, claim for damages, or other demand or defense whatsoever of the Government in the premises. Provided, That should the district attorney neglect or refuse to file the plea, answer, demurrer, or defense, as required, the plaintiff may proceed with the case under such rules as the court may adopt in the premises; but the plaintiff shall not have judg- ment or decree for his claim, or any part thereof, unless he shall establish the same by proof satisfactory to the court. Act March 3, 1887, c. 359, $ 6, 24 Stat. 506. Opinion, findings, and conclusions of court. Sec. 7. That it shall be the duty of the court to cause a written opinion to be filed in the cause, setting forth the specific findings by the court of the facts therein and the conclusions of the court upon all questions of law involved in the case, and to render judgment thereon. If the suit be in equity or admiralty, the court shall pro- ceed with the same according to the rules of such courts. Act March 3, 1887, c. 359, § 7, 24 Stat. 506. Parties and persons interested may be witnesses; examination of claimant. Sec. 8. That in the trial of any suit brought under any of the pro- visions of this act, no person shall be excluded as a witness because he is a party to or interested in said suit; and any plaintiff or party in interest may be examined as a witness on the part of the Govern- ment. Section ten hundred and seventy-nine of the Revised Stat- . 756 (Sec. 1093 Tit. 13— THE JUDICIARY -Ch. 21. utes is hereby repealed. The provisions of section ten hundred and eighty of the Revised Statutes shall apply to cases under this act. Act March 3, 1887, c. 359, § 8, 24 Stat. 506. See note under Rev. St. $ 1079, and note to Act March 3, 1883, c. 116. § 6, set forth above. Appeals and writs of error. Sec. 9. That the plaintiff or the United States, in any suit brought under the provisions of this act shall have the same rights of appeal or writ of error as are now reserved in the statutes of the United States in that behalf made, and upon the conditions and limitations therein contained. The modes of procedure in claiming and perfect- ing an appeal or writ of error shall conform in all respects, and as near as may be, to the statutes and rules of court governing appeals and writs of error in like causes. Act March 3, 1887, c. 359, $ 9, 24 Stat. 507. See note under section 4 of this act. Judgments adverse to United States to be certified to Attorney Gen- eral; taking and perfecting appeal; limitations on appeals; in- terest on judgments. Sec. 10. That when the findings of fact and the law applicable thereto have been filed in any case as provided in section six of this act, and the judgment or decree is adverse to the Government, it shall be the duty of the district attorney to transmit to the Attorney- General of the United States certified copies of all the papers filed in the cause, with a transcript of the testimony taken, the written findings of the court, and his written opinion as to the same; where- upon the Attorney-General shall determine and direct whether an appeal or writ of error shall be taken or not; and when so directed the district attorney shall cause an appeal or writ of error to be perfected in accordance with the terms of the statutes and rules of practice governing the same: Provided, That no appeal or writ of error shall be allowed after six months from the judgment or decree in such suit. From the date of such final judgment or decree in- terest shall be computed thereon, at the rate of four per centum per annum, until the time when an appropriation is made for the pay- ment of the judgment or decree. Act March 3, 1887, c. 359, § 10, 24 Stat. 507. See note under Rev. St. § 1090. Reports of Attorney-General to Congress. Sec. 11. That the Attorney-General shall report to Congress, and at the beginning of each session of Congress, the suits under this act in which a final judgment or decree has been rendered giving the date of each, and a statement of the costs taxed in each case. Act March 3, 1887, c. 359, § 11, 24 Stat. 507. Claims in Departments involving controverted questions of fact or law may be transmitted to Court of Claims; findings to be re- ported. Sec. 12. That when any claim or matter may be pending in any of the Executive Departments which involves controverted questions Sec. 1093) 757 Tit. 13— THE JUDICIARY —Ch. 21. of fact or law, the head of such Department, with the consent of the claimant, may transmit the same, with the vouchers, papers, proofs, and documents pertaining thereto, to said Court of Claims, and the same shall be there proceeded in under such rules as the court may adopt. When the facts and conclusions of law shall have been found, the court shall report its findings to the Department by which it was transmitted. Act March 3, 1887, c. 359, $ 12, 24 Stat. 507. Provisions for reference of certain claims in the Departments, involv- ing disputed facts or controverted questions of law, to the Court of Claims for trial and adjudication, are contained in Rev. St. § 1063. See note under that section. Judgment in cases referred for report only. Sec. 13. That in every case which shall come before the Court of Claims, or is now pending therein, under the provisions of an act entitled "An act to afford assistance and relief to Congress and the Executive Departments in the investigation of claims and demands against the Government,” approved March third, eighteen hundred and eighty-three, if it shall appear to the satisfaction of the court, upon the facts established, that it has jurisdiction to render judg- ment or decree thereon under existing laws or under the provisions of this act, it shall proceed to do so, giving to either party such further opportunity for hearing as in its judgment justice shall re- quire, and report its proceedings therein to either House of Con- gress or to the Department by which the same was referred to said court. Act March 3, 1887, c. 359, § 13, 24 Stat. 507. See notes under sections 1 and 2 of Act March 3, 1883, c. 116, set forth above. Congress may refer bills providing for payment of claims to Court of Claims; facts to be reported. Sec. 14. That whenever any bill, except for a pension, shall be pending in either House of Congress providing for the payment of a claim against the United States, legal or equitable, or for a grant, gift, or bounty to any person, the House in which such bill is pend- ing may refer the same to the Court of Claims, who shall proceed with the same in accordance with the provisions of the act approved March third, eighteen hundred and eighty-three, entitled an "Act to afford assistance and relief to Congress and the Executive De- partments in the investigation of claims and demands against the Government,” and report to such House the facts in the case and the amount, where the same can be liquidated, including any facts bearing upon the question whether there has been delay or laches in presenting such claim or applying for such grant, gift, or bounty, and any facts bearing upon the question whether the bar of any statute of limitation should be removed or which shall be claimed to excuse the claimant for not having resorted to any established legal remedy. Act March 3, 1887, c. 359, § 14, 24 Stat. 507. See note under Rev. St. § 1060. 758 (Sec. 1093 Tit. 13— THE JUDICIARY —Ch. 21. Costs. Sec. 15. If the Government of the United States shall put in issue the right of the plaintiff to recover the court may, in its discretion, allow costs to the prevailing party from the time of joining such issue. Such costs, however, shall include only what is actually in- curred for witnesses, and for summoning the same, and fees paid to the clerk of the court. Act March 3, 1887, c. 359, § 15, 24 Stat. 508. Repeal. Sec. 16. That all laws and parts of laws inconsistent with this act. are hereby repealed. Act March 3, 1887, c. 359, $ 16, 24 Stat. 508. ACT FEB. 26, 1900, c. 25. An Act for the Relief of Claimants Having Suits against the United States Pending in the Circuit and District Courts of the United States Affected by the Act of June Twenty-Seventh, Eighteen Hundred and Ninety-Eight, Amending the Act of March Third, Eighteen Hundred and Eighty-Seven. (31 Stat. 33.) Pending suits for fees not abated by act taking away jurisdiction. Be it enacted, etc., That no suit shall abate or be affected by the Act of June twenty-seventh, eighteen hundred and ninety-eight, en- titled "An Act to amend sections one and two of the Act of March third, eighteen hundred and eighty-seven,” which was pending in any circuit court of appeals, circuit or district court of the United States at the time of the passage of said Act; and all such suits which have been dismissed by reason of said Act shall be restored to their places in such courts and proceeded with as if the same had not been enacted; and time within which an appeal or writ of error may be taken or prosecuted in any case affected by this Act is here- by extended six months from the passage hereof. Act Feb. 26, 1900, c. 25, 31 Stat. 33. The amendments of Act March 3, 1887, c. 359, 88 1, 2, referred to in this act, are incorporated in the sections so amended as set forth above. See notes under those sections. [INDIAN DEPREDATION CLAIMS.] ACT MARCH 3, 1891, c. 538. An Act to Provide for the Adjudication and Payment of Claims arising from Indian Depredations. (26 Stat. 851.) Jurisdiction. Be it enacted, &c., That in addition to the jurisdiction which now is, or may hereafter be, conferred upon the Court of Claims, said Court shall have and possess jurisdiction and authority to inquire into and finally adjudicate, in the manner provided in this act, all claims of the following classes, namely: Other provisions relating to the jurisdiction of the Court of Claims are set forth in Rev. St. 88 1059-1093, Act March 3, 1883, c. 116, Act Jan. 20, 1885, c. 25, and Act March 3, 1887, c. 359, set forth above. Sec. 1093) 759 Tit. 13— THE JUDICIARY - Ch. 21. Claims for property taken or destroyed by certain Indians. First. All claims for property of citizens of the United States taken or destroyed by Indians belonging to any band, tribe, or na- tion, in amity with the United States, without just cause or provoca- tion on the part of the owner or agent in charge, and not returned or paid for. Act March 3, 1891, c. 538, § 1, 26 Stat. 851. Cases examined and allowed by Interior Department; cases under Act March 3, 1885, c. 341. Second, Such jurisdiction shall also extend to all cases which have been examined and allowed by the Interior Department and also to such cases as were authorized to be examined under the act of Con- gress making appropriations for the current and contingent ex- penses of the Indian Department, and for fulfilling treaty stipula- tions with various Indian tribes for the year ending June thirtieth, eighteen hundred and eighty-six, and for other purposes, approved March third, eighteen hundred and eighty-five, and under subsequent acts, subject however to the limitations hereinafter provided. Act March 3, 1891, c. 538, § 1, 26 Stat. 851. The provision of Act March 3, 1885, c. 341, 23 Stat. 376, referred to in this paragraph, is as follows: "For the investigation of certain Indian depredation claims, ten thousand dollars, and in expending said sum the Secretary of the Interior shall cause a complete list of all claims hereto- fore filed in the Interior Department and which have been approved in whole or in part and now remain unpaid, and also all such claims as are pending but not yet examined, on behalf of citizens of the United States on account of depredations committed, chargeable against any tribe of Indians by reason of any treaty between such tribe and the United States, including the name and address of the claimants, the date of the alleged depredations, by what tribe committed, the date of examination and approval, with a reference to the date and clause of the treaty creat- ing the obligation for payment, to be made and presented to Congress at its next regular session; and the Secretary is authorized and empowered, before making such report, to cause such additional investigation to be made and such further testimony to be taken as he may deem necessary to enable him to determine the kind and value of all property damaged or destroyed by reason of the depredations aforesaid, and by what tribe such depredations were committed; and his report shall include his de- termination upon each claim, together with the names and residences of witnesses and the testimony of each, and also what funds are now exist- ing or to be derived by reason of treaty or other obligation out of which the same should be paid.” Act May 15, 1886, c. 333, 24 Stat. 44, con- tains the following: "For continuing the investigation and examination of certain Indian depredation claims originally authorized, and in the manner therein provided for, by the Indian appropriation act approved March third, eighteen hundred and eighty-five, twenty thousand dollars; and the examination and report shall include claims, if any, barred by statute, such fact to be stated in the report; and all claims whose examina- tions shall be completed by January first, eighteen hundred and eighty-sev- en, shall then be reported to Congress, with the opinions and conclusions of the Commissioner of Indian Affairs and the Secretary of the Interior upon all material facts, and all the evidence and papers pertaining there- to.” Act March 2, 1887, c. 320, 24 Stat. 464, is as follows: "For contin- uing the investigation and examination of certain Indian depredation claims originally authorized, and in the manner therein provided for, by the Indian appropriation act approved March third, eighteen hundred and eighty-five, twenty thousand dollars; and the examination and report shall include claims, if any, barred by statute, such fact to be stated in 760 (Sec. 1033 Tit. 13—THE JUDICIARY - Ch. 21. the report; and all claims whose examination shall be completed by Jan- uary first, eighteen hundred and eighty-eight, shall then be reported to Congress, with the opinions and conclusions of the Commissioner of In- dian Affairs and the Secretary of the Interior upon all material facts, and all the evidence and papers pertaining thereto.” And Act June 29, 1888, c. 503, 25 Stat. 234, is as follows: "For continuing the investiga- tion and examination of certain Indian depredation claims, originally authorized, and in the manner therein provided for, by the Indian ap- propriation acts approved March third, eighteen hundred and eighty-five, and March second, eighteen hundred and eighty-seven, twenty thousand dollars." This last provision is substantially repeated in Act March 2, 1889, c. 412, 25 Stat. 998, Act Aug. 19, 1890, c. 807, 26 Stat. 356, ani Act March 3, 1891, c. 543, 26 Stat. 1009. Other provisions relating to Indian depredation claims are set forth under Rev. St. $$ 445, 146. Set-offs and counterclaims. Third. All just offsets and counter claims to any claim of either of the preceding classes which may be before such court for de- termination. Act March 3, 1891, c. 538, § 1, 26 Stat. 851. See note under Rev. St. $ 1059, par. 2. What claims to be considered; limitations. Sec. 2. That all questions of limitations as to time and manner of presenting claims are hereby waived, and no claim shall be excluded from the jurisdiction of the court because not heretofore presented to the Secretary of the Interior or other officer or department of the Government: Provided, That no claim accruing prior to July first, eighteen hundred and sixty-five, shall be considered by the court unless the claim shall be allowed or has been or is pending, prior to the passage of this act, before the Secretary of the Interior or the Congress of the United States, or before any superintendent, agent, sub-agent or commissioner, authorized under any act of Con- gress to enquire into such claims; but no case shall be considered pending unless evidence has been presented therein: And provided further, That all claims existing at the time of the taking effect of this act shall be presented to the court by petition, as hereinafter provided, within three years after the passage hereof, or shall be thereafter forever barred: And provided further, That no suit or proceeding shall be allowed under this act for any depredation which shall be committed after the passage thereof. Act March 3, 1891, c. 538, 83, 26 Stat. 852. See note under Rev. St. § 1069. Petition; requisites. Sec. 3. That all claims shall be presented to the court by petition setting forth in ordinary and concise language, without unnecessary repetition, the facts upon which such claims are based, the persons, classes of persons, tribe or tribes, or band of Indians by whom the alleged illegal acts were committed, as near as may be, the property lost or destroyed, and the value thereof, and any other facts con- nected with the transactions and material to the proper adjudication of the case involved. The petition shall be verified by the affidavit of the claimant, his agent, administrator, or attorney, and shall be Sec. 1093) 761 Tit. 13--THE JUDICIARY —Ch. 21. filed with the clerk of said court. It shall set forth the full name and residence of the claimant, the damages sought to be recovered, praying the court for a judgment upon the facts and the law. Act March 3, 1891, c. 538, $ 3, 26 Stat. 852. Service of petition; Attorney-General to represent Government and Indians; failure to answer; special attorneys for Indians; evi- dence; hearing of examined claims. Sec. 4. The service of the petition shall be made upon the Attor- ney-General of the United States in such manner as may be pro- vided by the rules or orders of said court. It shall be the duty of the Attorney-General of the United States to appear and defend the interests of the Government and of the Indians in the suit, and within sixty days after the service of the petition upon him, unless the time shall be extended by order of the court made in the case, to file a plea, answer or demurrer on the part of the Government and the Indians, and to file a notice of any counterclaim, set-off, claim of damages, demand, or defense whatsoever of the Govern- ment or of the Indians in the premises: Provided, That should the Attorney-General neglect or refuse to file the plea, answer, demur- rer, or defense as required, the claimant may proceed with the case under such rules as the court may adopt in the premises; but the claimant shall not have judgment for his claim, or for any part there- of, unless he shall establish the same by proof satisfactory to the court; Provided, That any Indian or Indians interested in the pro- ceedings may appear and defend, by an attorney employed by such Indian or Indians with the approval of the Commissioner of Indian Affairs, if he or they shall choose so to do. In considering the merits of claims presented to the court, any testimony, affidavits, reports of special agents or other officers, and such other papers as are now on file in the departments or in the courts, relating to any such claims, shall be considered by the court as competent evi- dence and such weight given thereto as in its judgment is right and proper: Provided, That all unpaid claims which have heretofore been examined, approved, and allowed by the Secretary of the In- terior, or under his direction, in pursuance of the act of Congress making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes, for the year ending June thirtieth, eighteen hundred and eighty-six, and for other purposes, approved March third, eighteen hundred and eighty-five, and subsequent Indian ap- propriation acts, shall have priority of consideration by such court, and judgments for the amounts therein found due shall be rendered, unless either the claimant or the United States shall elect to re-open the case and try the same before the court, in which event the testi- mony in the case given by the witnesses and the documentary evi- dence, including reports of Department agents therein, may be read as depositions and proofs: Provided, That the party electing to re- open the case shall assume the burden of proof. Act March 3, 1891, c. 538, $ 4, 26 Stat. 852. 762 (Sec. 1093 Tit. 13— THE JUDICIARY-Ch. 21. Taking testimony; parties or persons interested may be witnesses; judgment against United States and Indians. Sec. 5. That the said court shall make rules and regulations for taking testimony in the causes herein provided for, by deposition or otherwise, and such testimony shall be taken in the county where the witness resides, when the same can be conveniently done, and no person shall be excluded as a witness because he is party to or interested in said suit, and any claimant or party in interest may be examined as a witness on the part of the Government; that the court shall determine in each case the value of the property taken or destroyed at the time and place of the loss or destruction, and, if possible, the tribe of Indians or other persons by whom the wrong was committed, and shall render judgment in favor of the claimant or claimants against the United States, and against the tribe of In- dians committing the wrong, when such can be identified. Act March 3, 1891, c. 538, § 5, 26 Stat. 853. See note under Rev. St. $ 1079. Judgments to be charged against Indian tribes; payment. Sec. 6. That the amount of any judgment so rendered against any tribe of Indians shall be charged against the tribe by which, or by members of which, the court shall find that the depredation was committed, and shall be deducted and paid in the following manner: First, from annuities due said tribe from the United States; second, if no annuities are due or available, then from any other funds due said tribe from the United States, arising from the sale of their lands or otherwise; third, if no such funds are due or available, ; then from any appropriation for the benefit of said tribe, other than appropriations for their current and necessary support, subsistence and education; and, fourth, if no such annuity, fund, or appropria- tion is due or available, then the amount of the judgment shall be paid from the Treasury of the United States: Provided, That any amount so paid from the Treasury of the United States shall re- main a charge against such tribe, and shall be deducted from any annuity, fund or appropriation hereinbefore designated which may hereafter become due from the United States to such tribe. Act March 3, 1891, c. 538, $ 6, 26 Stat. 853. Judgments to be final. Sec. 7. That all judgments of said court shall be a final determi- nation of the causes decided and of the rights and obligations of the parties thereto, and shall not thereafter be questioned unless a new trial or rehearing shall be granted by said court, or the judgment reversed or modified upon appeal as hereafter provided. Act March 3, 1891, c. 538, § 7, 26 Stat. 853. Appeals from judgments are authorized by section 10 of this act. List of judgments to be sent to Congress. Sec. 8. That immediately after the beginning of each session of Congress the Attorney-General of the United States shall transmit to the Congress of the United States a list of all final judgments rendered in pursuance of this act, in favor of claimants and against Sec. 1093) 763 Tit. 13-— THE JUDICIARY —Ch. 21. the United States, and not paid as hereinbefore provided, which shall thereupon be appropriated for in the proper appropriation bill. Act March 3, 1891, c. 538, § 8, 26 Stat. 853. Transfers of claims and contracts for attorneys' fees void; warrants for payment of judgments; allowances to attorneys. Sec. 9. That all sales, transfers, or assignments of any such claims heretofore or hereafter made, except such as have occurred in the due administration of decedent's estates, and all contracts heretofore made for fees and allowances to claimants' attorneys are hereby de- clared void, and all warrants issued by the Secretary of the Treasury, in payment of such judgments, shall be made payable and delivered only to the claimant or his lawful heirs, executors or administrators or transferee under administrative proceedings, except so much there- of as shall be allowed the claimant's attorneys by the court for prosecuting said claim, which may be paid direct to such attorneys, and the allowances to the claimant's attorneys shall be regulated and fixed by the court at the time of rendering judgment in each case and entered of record as part of the findings thereof; but in no case shall the allowance exceed fifteen per cent. of the judgment recov- ered, except in case of claims of less amount than five hundred dol- lars, or where unusual services have been rendered or expenses in- curred by the claimant's attorney, in which case not to exceed twenty per cent. of such judgment shall be allowed by the court. Act March 3, 1891, c. 538, & 9, 26 Stat. 854. Appeals. Sec. 10. That the claimant, or the United States, or the tribe of Indians, or other party thereto interested in any proceeding brought under the provisions of this act, shall have the same rights of appeal as are or may be reserved in the Statutes of the United States in other cases, and upon the conditions and limitations therein con- tained. The mode of procedure in claiming and perfecting an appeal shall conform, in all respects, as near as may be, to the statutes and rules of court governing appeals in other cases. Act March 3, 1891, c. 538, § 10, 26 Stat. 854. See note under Rev. St. § 1061. Papers, etc., in departments and before Congress to be furnished to court. Sec. 11. That all papers, reports, evidence, records and proceed- ings now on file or of record in any of the departments, or the office of the Secretary of the Senate, or the office of the Clerk of the House of Representatives, or certified copies of the same, relating to any claims authorized to be prosecuted under this act, shall be furnished to the court upon its order, or at the request of the Attor- ney-General. Act March 3, 1891, c. 538, § 11, 26 Stat. 854. See note under Rev. St. § 1076. Additional assistant Attorney-General; salary. Sec. 12. To facilitate the speedy disposition of the cases herein provided for, in said Court of Claims, there shall be appointed, in 764 (Sec. 1093 Tit. 13— THE JUDICIARY —Ch. 21A. the manner prescribed by law for the appointment of Assistant At- torney-Generals, one additional Assistant Attorney-General of the United States, who shall receive a salary of twenty-five hundred dol- lars per annum. Act March 3, 1891, c. 538, § 12, 26 Stat. 854. The salary of the assistant attorney-general mentioned in this section is made the same as that of other assistant attorneys-general in the Department of Justice, by a provision of Act Dec. 21, 1893, c. 3, § 1, set forth below. The salary is fixed at the sum of $5,000 per annum by Rev. St. $ 348. Investigations and examinations under previous acts to cease. Sec. 13. That the investigation and examinations, under the pro- visions of the acts of Congress heretofore in force, of Indian depreda- tion claims, shall cease upon the taking effect of this act, and the unexpended balance of the appropriation therefor shall be covered into the Treasury, except so much thereof as may be necessary for disposing of the unfinished business pertaining to the claims now under investigation in the Interior Department, pending the trans- fer of said claims and business to the Court or courts herein pro- vided for, and for making such transfers and a record of the same, and for the proper care and custody of the papers and records re- lating thereto. Act March 3, 1891, c. 538, § 13, 26 Stat. 854, See note to section 1, par. 2, of this act. ACT DEC. 21, 1893, c. 3. Salary of additional assistant Attorney-General. For the deficiency in the compensation of the assistant attorney- general charged with the defense of Indian depredation claims, which compensation shall hereafter be the same as that of the other assistant attorneys-general in the Department of Justice, two thousand five hundred dollars, or so much thereof as may be necessary. * Act Dec. 21, 1893, c. 3, 28 Stat. 19. This is a provision of the further urgent deficiency appropriation act for the year ending June 30, 1894, cited above. The salary was made $2,500 by the act creating the office, Act March 3, 1891, c. 538, $ 13, set forth above. It was increased, for the year ending June 30, 1892, to the same compensation as that allowed the other assistant attorneys- general, by a provision similar to this, in Act July 13, 1892, c. 164, $ 1, 27 Stat. 139, and the increase is made permanent by this provision. The salary of assistant attorneys-general is $5,000, by Rev. St. $ 348. [CHAPTER TWENTY-ONE A.] [Court of Private Land Claims.] Act March 3, 1891, c. 539. 1. Justices; officers; rules of court; sessions. 2. United States attorney; inter- 3. [Temporary.] 4. Records of General Land Office preter. and surveyors-general to be pro- duced in court. Tit. 13—THE JUDICIARY-Ch. 21 A. 765 5. Admission of testimony of per- sons since deceased. 6. Claimants under unconfirmed grants; petition; jurisdiction and procedure on filing petition; ci- tation of adverse party; default, and decree thereon. 7. Procedure after filing petition; hearing; decree. 8. Claimants under completed titles; procedure; confirmation of title, and effect; petition by United States against claimant. 9. Appeal; procedure; notice to At- torney-General of confirmation of claims. 10. Final decree of confirmation to be certified to Commissioner of General Land Office; surveys; patents. 11. Claim of city, town, or village. 12. Limitations; powers of judges in vacation; incidental powers of court; contempts. 13. Rules of decision; claims to be allowed; limitation of amount to be confirmed under one grant; conditional grants. 14. Money judgment against United States; appeal; surveys. 15. Repeal. 16. Township surveys in certain states and territories to recog- nize preceding adverse posses- sion; issue of patents. 17. Adverse possession in surveyed townships; surveys. 18. Time for filing claims. 19. Time when court shall cease. Act June 6, 1900, c. 791, $ 1. Publication of notices of survey. ACT MARCH 3, 1891, c. 539. [As amended 1893, 1895, 1897, 1898, 1899, 1900.] An Act to Establish a Court of Private Land Claims, and to Pro- vide for the Settlement of Private Land Claims in certain States and Territories. (26 Stat. 854.) Justices; officers; rules of court; sessions. Be it enacted, &c., That there shall be, and hereby is, established a court to be called the court of private land claims, to consist of a chief justice and four associate justices, who shall be, when appointed, citizens and residents of some of the States of the United States, to be appointed by the President, by and with the advice and consent of the Senate, to hold their offices for the term expiring on the thirty- first day of December, anno Domini eighteen hundred and ninety-five; any three of whom shall constitute a quorum. Said court shall have and exercise jurisdiction in the hearing and decision of private land claims according to the provisions of this act. The chief justice and associate justices shall each receive a compensation of five thousand dollars per year, payable monthly, and their necessary traveling and personal expenses while engaged in the performance of their duties. The said court shall appoint a clerk, at a salary of two thousand dollars a year, who shall attend all the sessions of the court, and a deputy clerk, where regular terms of the court are held, at a salary of eight hundred dollars a year. The court shall also appoint a stenographer, at a salary of fifteen hundred dollars a year, who shall attend all the sessions of the court, and perform the duties required of him by the court. The said court shall have power to adopt all necessary rules and regulations for the transaction of its business and to carry out the provisions of this act; to issue any process necessary to the transaction of the business of said court, and to issue commissions to take depositions as provided in chapter seventeen 766 — Tit. 13— THE JUDICIARY — - Ch. 21 A. of title thirteen of the Revised Statutes of the United States. Each of said justices shall have power to administer oaths and affirmations. It shall be the duty of the United States marshal for any district or Territory in which the court is held to serve any process of the said court placed in his hands for that purpose, and to attend the court in person or by deputy when so directed by the court. The court shall hold such sessions in the States and Territories mentioned in this act as shall be needful for the purposes thereof, and shall give notice of the times and places of the holding of such sessions by publication in both the English and Spanish languages, in one news- paper published at the capital of such State or Territory, once a week for two successive weeks, the last of which publications shall be not less than thirty days next preceding the times of the holding of such sessions, but such sessions may be adjourned from time to time with- out such publication. Act March 3, 1891, c. 539, § 1, 26 Stat. 854. United States attorney; interpreter. Sec. 2. That there shall also be appointed by the President, by and with the advice and consent of the Senate, a competent attorney, learned in the law, who shall when appointed be a resident and citizen of some State of the United States, to represent the United States in said court. Such attorney shall receive a compensation of three thousand five hundred dollars per year, payable monthly, and his necessary traveling and personal expenses while engaged in the dis- charge of his duties. And there shall be appointed by the said court a person who shall be when appointed a citizen and resident of some State of the United States, skilled in the Spanish and English lan- guages, to act as interpreter and translator in said court, to attend all the sessions thereof, and to perform such other service as may be required of him by the court. Such person shall be entitled to a compensation of one thousand five hundred dollars per year, payable monthly, and his necessary traveling and personal expenses while engaged in the discharge of his duties. Act March 3, 1891, c. 539, $ 2, 26 Stat. 855. Sec. 3. [Temporary.] This section provided for publication of notice of the organization and first session of the court. Records of General Land Office and surveyors-general to be produced in court. Sec. 4. That it shall be the duty of the Commissioner of the Gen- eral Land Office of the United States, the surveyors-general of such Territories and States, or the keeper of any public records who may have possession of any records and papers relating to any land grants or claims for lands within said States and Territories in relation to which any petition shall be brought under this act, on the applica- tion of any person interested, or by the attorney of the United States, to safely transmit such records and papers to said court or to attend in person or by deputy any session thereof when required by said court, and produce such records and papers. Act March 3, 1891, c. 539, § 4, 26 Stat. 856. Tit. 13— THE JUDICIARY - Ch. 21A. 767 Admission of testimony of persons since deceased. Sec. 5. That the testimony which has been heretofore lawfully and regularly received by the surveyor-general of the proper Territory or State or by the Commissioner of the General Land Office, upon any claims presented to them, respectively, shall be admitted in evi- dence in all trials under this act when the person testifying is dead, so far as the subject matter thereof is competent evidence; and the court shall give it such weight as, in its judgment, under all the cir- cumstances, it ought to have. Act March 3, 1891, c. 539, § 5, 26 Stat. 856. Claimants under unconfirmed grants; petition; jurisdiction and pro- cedure on filing petition; citation of adverse party; default, and decree thereon. Sec. 6. That it shall and may be lawful for any person or persons or corporation, or their legal representatives, claiming lands within the limits of the territory derived by the United States from the Re- public of Mexico and now embraced within the Territories of New Mexico, Arizona, or Utah, or within the States of Nevada, Colorado, or Wyoming by virtue of any such Spanish or Mexican grant, con- cession, warrant, or survey as the United States are bound to recog- nize and confirm by virtue of the treaties of cession of said country by Mexico to the United States which at the date of the passage of this act have not been confirmed by act of Congress, or otherwise finally decided upon by lawful authority, and which are not already complete and perfect, in every such case to present a petition, in writing, to the said court in the State or Territory where said land is situated and where the said court holds its sessions, but cases arising in the States and Territories in which the court does not hold regular sessions may be instituted at such place as may be designated by the rules of the court. The petition shall set forth fully the nature of their claims to the lands, and particularly state the date and form of the grant, concession, warrant, or order of survey under which they claim, by whom made, the name or names of any person or persons in possession of or claiming the same, or any part thereof, otherwise than by the lease or permission of the petitioner; and also the quan- tity of land claimed and the boundaries thereof, where situate, with a map showing the same, as near as may be, and whether the said claim has heretofore been confirmed, considered, or acted upon by Congress or the authorities of the United States, or been heretofore submitted to any authorities constituted by law for the adjustment of land titles within the limits of the said territory so acquired, and by them reported on unfavorably or recommended for confirmation, or authorized to be surveyed or not; and pray in such petition that the validity of such title or claim may be inquired into and decided. And the said court is hereby authorized and required to take and exercise jurisdiction of all cases or claims presented by petition in conformity with the provisions of this act, and to hear and determine the same, as in this act provided, on the petition and proofs in case no answer or answers be filed after due notice, or on the petition and the answer or answers of any person or persons interested in pre venting any claim from being established, and the answer of the at- 768 Tit. 13-—THE JUDICIARY —Ch. 21A. torney for the United States where he may have filed an answer, and such testimony and proofs as may be taken; and a copy of such peti- tion, with a citation to any adverse possessor or claimant, shall, im- mediately after the filing of the same, be served on such possessor or claimant in the ordinary legal manner of serving such process in the proper State or Territory, and in like manner on the attorney for the United States; and it shall be the duty of the attorney for the United States, as also any adverse possessor or claimant, after service of petition and citation as hereinbefore provided, within thirty days, unless further time shall, for good cause shown, be granted by the court, or a judge thereof, to enter an appearance, and plead, answer, or demur to said petition; and in default of such plea, answer, or de- murrer being made within said thirty days, or within the further time which may have been granted as aforesaid, the court shall pro- ceed to hear the cause on the petition and proofs, and render a final decree according to the provisions of this act, and in no case shall a decree be entered otherwise than upon full legal proof and hearing; and in every case the court shall require the petition to be sustained by satisfactory proofs, whether an answer or plea shall have been filed or not. Act March 3, 1891, c. 539, $ 6, 26 Stat. 856. Procedure after filing petition; hearing; decree. Sec. 7. That all proceedings subsequent to the filing of said peti- tion shall be conducted as near as may be according to the practice of the courts of equity of the United States, except that the answer of the attorney of the United States shall not be required to be verified by his oath, and except that, as far as practicable, testimony shall be taken in court or before one of the justices thereof. The said court shall have full power and authority to hear and determine all questions arising in cases before it relative to the title to the land the subject of such case, the extent, location, and boundaries thereof, and other matters connected therewith fit and proper to be heard and determined, and by a final decree to settle and determine the question of the validity of the title and the boundaries of the grant or claim presented for adjudication, according to the law of nations, the stipulations of the treaty concluded between the United States and the Republic of Mexico at the city of Guadalupe-Hidalgo, on the second day of February, in the year of our Lord, eighteen hundred and forty-eight, or the treaty concluded between the same powers at the city of Mexico, on the thirtieth day of December, in the year of our Lord, eighteen hundred and fifty-three, and the laws and ordinances of the Government from which it is alleged to have been derived, and all other questions properly arising between the claimants or other parties in the case and the United States, which decree shall in all cases refer to the treaty, law, or ordinance under which such claim is confirmed or rejected; and in confirming any such claim, in whole or in part, the court shall in its decree specify plainly the location, boundaries, and area of the land the claim to which is so confirmed. Act March 3, 1891, c. 539, $ 7, 26 Stat. 857. The treaties mentioned in this section are the treaties of Feb. 2, 1848, Tit. 13— THE JUDICIARY769 - -Ch. 21A. 9 Stat. 108, Appendix, "Treaties of United States," and Dec. 30, 1853, 10 Stat. 1031. Claimants under completed titles; procedure; confirmation of title, and effect; petition by United States against claimant. Sec. 8. That any person or corporation claiming lands in any of the States or Territories mentioned in this act under a title derived from the Spanish or Mexican Government that was complete and perfect at the date when the United States acquired sovereignty therein, shall have the right (but shall not be bound) to apply to said court in the manner in this act provided for other cases for a confirmation of such title; and on such application said court shall proceed to hear, try, and determine the validity of the same and the right of the claimant thereto, its extent, location and boundaries, in the same manner and with the same powers as in other cases in this act mentioned. If in any such case, a title so claimed to be per- fect shall be established and confirmed, such confirmation shall be for so much land only as such perfect title shall be found to cover, always excepting any part of such land that shall have been disposed of by the United States, and always subject to and not to affect any conflicting private interests, rights, or claims held or claimed ad- versely to any such claim or title, or adversely to the holder of any such claim or title. And no confirmation of claims or titles in this section mentioned shall have any effect other or further than as a release of all claim of title by the United States; and no private right of any person as between himself and other claimants or per- sons, in respect of any such lands, shall be in any manner affected thereby. It shall be lawful for and the duty of the head of the De- partment of Justice, whenever in his opinion the public interest or the rights of any claimant shall require it, to cause the attorney of the United States in said court to file in said court a petition against the holder or possessor of any claim or land in any of the States or Territories mentioned in this act who shall not have voluntarily come in under the provisions of this act, stating in substance that the title of such holder or possessor is open to question, or stating in substance that the boundaries of any such land, the claimant or possessor to or of which has not brought the matter into court, are open to question, and praying that the title to any such land, or the boundaries thereof, if the title be admitted, be settled and ad- judicated; and thereupon the court shall, on such notice to such claimant or possessor as it shall deem reasonable, proceed to hear, try, and determine the questions stated in such petition or arising in the matter, and determine the matter according to law, justice, and the provisions of this act, but subject to all lawful rights adverse to such claimant or possessor, as between such claimant and pos- sessor and any other claimant or possessor, and subject in this re- spect to all the provisions of this section applicable thereto. Act March 3, 1891, c. 539, $ 8, 26 Stat. 857. Appeal; procedure; notice to Attorney-General of confirmation of claims. Sec. 9. That the party against whom the court shall in any case LAWS '01-49 770 Tit. 13—THE JUDICIARY —Ch. 21A. decide—the United States, in case of the confirmation of a claim in whole or in part, and the claimant, in case of the rejection of a claim, in whole or in part-shall have the right of appeal to the Supreme Court of the United States, such appeal to be taken within six months from date of such decision, and in all respects to be taken in the same manner and upon the same conditions, except in respect of the amount in controversy, as is now provided by law for the taking of appeals from decisions of the circuit courts of the United States. On any such appeal the Supreme Court shall retry the cause, as well the issues of fact as of law, and may cause testimony to be taken in addition to that given in the court below, and may amend the record of the proceedings below as truth and justice may require; and on such retrial and hearing every question shall be open, and the decision of the Supreme Court thereon shall be final and conclusive. Should no appeal be taken as aforesaid the decree of the court below shall be final and conclusive. Upon the rendition of any judgment of the court confirming any claim, it shall be the duty of the attorney of the United States to notify the Attor- ney-General, in writing of such judgment, giving him a clear state- ment of the case and the points decided by the court, which state- ment shall be verified by the certificate of the presiding judge of said court; and in any case in which such statement shall not be received by the Attorney-General within sixty days next after the rendition of such judgment, the right of appeal on the part of the United States shall continue to exist until six months next after the receipt of such statement. And if the Attorney-General shall so di- rect, it shall be the duty of the clerk of the court to transmit the record of any cause in which final judgment has been rendered to the Attorney-General for his examination. In all cases it shall be the duty of the Attorney-General to instruct the attorney for the United States what further course to pursue and whether or not an appeal shall be taken. Act March 3, 1891, c. 539, $ 9, 26 Stat. 858. Final decree of confirmation to be certified to Commissioner of General Land Office; surveys; patents. Sec. 10. That whenever any decision of confirmation shall become final, the clerk of the court in which the final decision shall be had shall certify that fact to the Commissioner of the General Land Office, with a copy of the decree of confirmation, which shall plainly state the location, boundaries, and area of the tract confirmed. The said Commissioner shall thereupon without delay cause the tract so confirmed to be surveyed at the cost of the United States. When any such survey shall have been made and returned to the surveyor- general of the respective Territory or State, and the plat thereof completed, the surveyor-general shall give notice that same has been done, by publication once a week, for four consecutive weeks in two newspapers, one published at the capital of the Territory or State and the other (if any such there be) published near the land so sur- veyed, such notices to be published in both the Spanish and English languages; and the surveyor-general shall retain such survey and Tit. 13—THE JUDICIARY —Ch771 - . 21A. plat in his office for public inspection for the full period of ninety days from the date of the first publication of notice in the news- paper published at the capital of the Territory or State. If, at the expiration of such period, no objection to such survey shall have been filed with him, he shall approve the same and forward it to the Commissioner of the General Land Office. If, within the said period of ninety days, objections are made to such survey, either by any party claiming an interest in the confirmation or by any party claim- ing an interest in the tract embraced in the survey or any part there- of, such objection shall be reduced to writing, stating distinctly the interest of the objector and the grounds of his objection, and signed by him or his attorney, and filed with the surveyor-general, with such affidavits or other proofs as he may produce in support of his objection. At the expiration of the said ninety days the surveyor- general shall forward such survey, with the objections and proofs filed in support of or in opposition to such objections, and his report thereon, to the Commissioner of the General Land Office. Immedi- ately upon receipt of any such survey, with or without objections thereto, the said Commissioner shall transmit the same with all ac- companying papers, to the court in which the final decision was made for its examination of the survey and of any objections and proofs that may have been filed, or shall be furnished; and the said court shall thereupon determine if the said survey is in substantial accord- ance with the decree of confirmation. If found to be correct, the court shall direct its clerk to indorse upon the face of the plat its approval. If found to be incorrect, the court shall return the same for correction in such particulars as it shall direct. When any sur- vey is finally approved by the court, it shall be returned to the Commissioner of the General Land Office, who shall as soon as may be cause a patent to be issued thereon to the confirmee. One half of the necessary expenses of making the survey and plat provided for in this section, and in respect of which a patent shall be ordered to be issued, shall be paid by the claimant or patentee, and shall be a lien on said land, which may be enforced by the sale of so much thereof as may be necessary for that purpose, after a default of pay- ment thereof for six months next after the approval of such survey and plat; and no patent shall issue until such payment. Act March 3, 1891, c. 539, $ 10, 26 Stat. 858. A further provision relating to the publication of the notices of sur- vey required by this section, contained in Act June 6, 1900, c. 791, $ 1, is set forth at the end of this act. Claim of city, town, or village. Sec. II. That the provisions of this act shall extend to any city lot, town lot, village lot, farm lot, or pasture lot claimed directly or mediately under any grant which may be entitled to confirmation by the United States, for the establishment of a city, town, or village, by the Spanish or Mexican Government, or the lawful authorities thereof; but the claim for said city, town, or village shall be pre- sented by the corporate authorities of the said city, town, or village ; or where the land upon which said city, town, or village is situated 772 Tit. 13—THE JUDICIARY — Ch. 21 A. was originally granted to an individual the claim shall be presented by or in the name of said individual or his legal représentatives. Act March 3, 1891, c. 539, § 11, 26 Stat. 859. Limitations; powers of judges in vacation; incidental powers of court; contempts. Sec. 12. That all claims mentioned in section six of this act which are by the provisions of this act authorized to be prosecuted shall, at the end of two years from the taking effect of this act, if no peti- tion in respect to the same shall have then been filed as hereinbefore provided, be deemed and taken, in all courts and elsewhere, to be abandoned and shall be forever barred: Provided, That in any case where it shall come to the knowledge of the court that minors, mar- ried women, or persons non compos mentis are interested in any land claim or matter brought before the court it shall be its duty to appoint a guardian ad litem for such persons under disability and require a petition to be filed in their behalf, as in other cases, and if necessary to appoint counsel for the protection of their rights. The judges, re- spectively, of said court are hereby authorized in all cases arising under this act to grant in vacation all orders for taking testimony, and otherwise to hear and dispose of interlocutory motions not affect- ing the substantial merits of a case. And said court shall have and possess all the powers of a circuit court of the United States in pre- serving order, compelling the production of books, papers, and docu- ments, the attendance of witnesses, and in punishing contempts. Act March 3, 1891, c. 539, § 12, 26 Stat. 859. Rules of decision; claims to be allowed; limitation of amount to be con- firmed under one grant; conditional grants. Sec. 13. That all the foregoing proceedings and rights shall be con- ducted and decided subject to the following provisions as well as to the other provisions of this act, namely: First. No claim shall be allowed that shall not appear to be upon a title lawfully and regularly derived from the Government of Spain or Mexico, or from any of the States of the Republic of Mexico hav- ing lawful authority to make grants of land, and one that if not then complete and perfect at the date of the acquisition of the territory by the United States, the claimant would have had a lawful right to make perfect had the territory not been acquired by the United States, and that the United States are bound upon the principles of public law, or by the provisions of the treaty of cession, to respect and permit to become complete and perfect if the same was not at said date already complete and perfect. Second. No claim shall be allowed that shall interfere with or over- throw any just and unextinguished Indian title or right to any land or place. Third. No allowance or confirmation of any claim shall confer any right or title to any gold, silver, or quicksilver mines or minerals of the same, unless the grant claimed effected the donation or sale of such mines or minerals to the grantee, or unless such grantee has become otherwise entitled thereto in law or in equity; but all such mines and minerals shall remain the property of the United States, Tit. 13—THE JUDICIARY —Ch. 21 A. 773 with the right of working the same, which fact shall be stated in all patents issued under this act. But no such mine shall be worked on any property confirmed under this act without the consent of the owner of such property until specially authorized thereto by an act of Congress hereafter passed. Fourth. No claim shall be allowed for any land the right to which has hitherto been lawfully acted upon and decided by Congress, or under its authority. Fifth. No proceeding, decree, or act under this act shall conclude or affect the private rights of persons as between each other, all of which rights shall be reserved and saved to the same effect as if this act had not been passed; but the proceedings, decrees, and acts herein provided for shall be conclusive of all rights as between the United States and all persons claiming any interest or right in such lands. Sixth. No confirmation of or decree concerning any claim under this act shall in any manner operate or have effect against the United States otherwise than as a release by the United States of its right and title to the land confirmed, nor shall it operate to make the United States in any manner liable in respect of any such grants, claims, or lands, or their disposition, otherwise than as is in this act provided. Seventh. No confirmation in respect of any claims or lands men- tioned in section six of this act or in respect of any claim or title that was not complete and perfect at the time of the transfer of sov- ereignty to the United States as referred to in this act, shall in any case be made or patent issued for a greater quantity than eleven square leagues of land to or in the right of any one original grantee or claimant, or in the right of any one original grant to two or more persons jointly, nor for a greater quantity than was authorized by the respective laws of Spain or Mexico applicable to the claim. Eighth. No concession, grant, or other authority to acquire land made upon any condition or requirement, either antecedent or sub- sequent, shall be admitted or confirmed unless it shall appear that every such condition and requirement was performed within the time and in the manner stated in any such concession, grant, or other authority to acquire land. Act March 3, 1891, c. 539, § 13, 26 Stat. 860. Money judgment against United States; appeal; surveys. Sec. 14. That if in any case it shall appear that the lands or any part thereof decreed to any claimant under the provisions of this act shall have been sold or granted by the United States to any other person, such title from the United States to such other person shall remain valid, notwithstanding such decree, and upon proof being made to the satisfaction of said court of such sale or grant, and the value of the lands so sold or granted, such court shall render judg- ment in favor of such claimant against the United States for the reasonable value of said lands so sold or granted, exclusive of bet- terments, not exceeding one dollar and twenty-five cents per acre for such lands; and such judgment, when found, shall be a charge on 774 Tit. 13– THE JUDICIARY—Ch. 21A. the Treasury of the United States. Either party deeming himself aggrieved by such judgment may appeal in the same manner as pro- vided herein in cases of confirmation of a Spanish or Mexican grant. For the purpose of ascertaining the value and amount of such lands, surveys may be ordered by the court, and proof taken before the court, or by a commission appointed for that purpose by the court. Act March 3, 1891, c. 539, § 14, 26 Stat. 861. Repeal. Sec. 15. That section eight of the act of Congress approved July twenty-second, eighteen hundred and fifty-four, entitled “An act to establish the offices of surveyor-general of New Mexico, Kansas, and Nebraska, to grant donations to actual settlers therein, and for other purposes,” and all acts amendatory or in extension thereof, or supple- mentary thereto, and all acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Act March 3, 1891, c. 539, § 15, 26 Stat. 861. Township surveys in certain states and territories to recognize pre- ceding adverse possession; issue of patents. Sec. 16. That in township surveys hereafter to be made in the Territories of New Mexico, Arizona, and Utah, and in the States of Colorado, Nevada, and Wyoming if it shall be made to appear to the satisfaction of the deputy surveyor making such survey that any person has, through himself, his ancestors, grantors, or their lawful successors in title or possession, been in the continuous adverse actual bona fide possession, of any tract of land or in connection therewith of other lands, all together not exceeding one hundred and sixty acres in such township for twenty years next preceding the time of making such survey, the deputy surveyor shall recognize and estab- lish the lines of such possession and make the subdivision of the ad- joining lands in accordance therewith. Such possession shall be ac- curately defined in the field-notes of the survey and delineated on the township plat, with the boundaries and area of the tract as a separate legal subdivision. The deputy surveyor shall return with his survey the name or names of all persons so found to be in possession, with a proper description of the tract in the possession of each as shown by the survey, and the proofs furnished to him of such possession. Upon receipt of such survey and proofs the Commissioner of the General Land Office shall cause careful investigation to be made in such manner as he shall deem necessary for the ascertainment of the truth in respect of such claim and occupation, and if satisfied upon such investigation that the claimant comes within the provi- sions of this section, he shall cause patents to be issued to the parties so found to be in possession for the tracts respectively claimed by by them: Provided, however, That no person shall be entitled to con- firmation of, or to patent for, more than one hundred and sixty acres in his own right by virtue of this section: And provided further, That this section shall not apply to any city lot, town lot, village lot, farm lot, or pasture lot held under a grant from any corporation or Tit. 13--THE JUDICIARY —Ch. 21 A. 775 town the claim to which may fall within the provisions of section elev- en of this act. Act March 3, 1891, c. 539, § 16, 26 Stat. 861. Act Feb. 21, 1893, c. 149, 27 Stat. 470. The amendment of this section by Act Feb. 21, 1893, c. 149, cited above, consists in striking out the words "residing thereon as his home,” which, in the section as originally enacted, followed the words in the first clause, “the continuous adverse actual bona fide possession.” Adverse possession in surveyed townships; surveys. Sec. 17. That in the case of townships heretofore surveyed in the Territories of New Mexico, Arizona, and Utah, and the States of Colorado, Nevada, and Wyoming, all persons who, or whose ances- tors, grantors, or their lawful successors in title or possession, be- came citizens of the United States by reason of the treaty of Guada- lupe Hidalgo, or the terms of the Gadsden purchase, and who have been in the actual continuous adverse possession of tracts, not to exceed one hundred and sixty acres each, for twenty years next pre- ceding such survey, shall be entitled, upon making proof of such facts to the satisfaction of the register and receiver of the proper land district, and of the Commissioner of the General Land Office, upon such investigation as is provided for in section sixteen of this act, to enter without payment of purchase money, fees, or commis- sions such subdivisions, not exceeding one hundred and sixty acres, as shall include their said possessions. After a claim of the char- acter described shall have been filed as directed in section eighteen of this act, and it shall appear that a tract claimed as aforesaid is of such shape that the claimant can not readily secure his interests by an entry by legal subdivisions of the public surveys, the Commis- sioner of the General Land Office may cause such claim to be sur- veyed at the expense of the United States, but the deputy surveyor performing the work shall not be paid for his services more than five dollars per day in addition to his necessary expenses. Before commencing such a survey the deputy surveyor shall post, in at least three prominent places in the township in which such claim is situated, a notice in both the English and Spanish languages, calling on all persons entitled to lands in said township under this section, to submit to him within a reasonable time proofs of their rights in the lands, by affidavit or otherwise. He shall then proceed to estab- lish the lines of such possessions in the township as seem to him to be valid, properly connecting the lines thereof with the lines of pub- lic surveys, and he shall return the aforesaid proofs to the surveyor- general with the field notes of such claims and possessions. The surveyor-general shall then, upon his approval of said proofs and field notes of surveys, cause the said claim or claims to be platted, and numbered as a lot or lots of the section or sections in which such claim or claims are situated, and shall transmit a duplicate of the amended plat to the General Land Office and a triplicate thereof to the proper district land office, after which the land claimed as aforesaid may be entered as a lot or lots by the number or numbers designated upon the amended township plat: Provided, however, That no person shall be entitled to enter more than one hundred 776 Tit. 13-THE JUDICIARY —Ch. 21A. and sixty acres in one or more tracts in his own right under the provisions of this section. Act March 3, 1891, c. 539, $ 17, 26 Stat. 862. Act Feb. 21, 1893, c. 149, 27 Stat. 470. The amendment of this section by Act Feb. 21, 1893, c. 149, cited above, consists in inserting the words “or the terms of the Gadsden pur- chase” after the words "the treaty of Guadalupe-Hidalgo”; striking out the words "and residence thereon" after the words "in the actual con- tinuous adverse possession"; inserting after the words "as shall include their said possessions” all matter down to the words "provided how- ever"; and changing the language of the proviso. Time for filing claims. Sec. 18. That all claims arising under either of the next two pre- ceding sections of this Act shall be filed with the surveyor-general of the proper State or Territory before the fourth day of March, nineteen hundred and one, and no claim not so filed shall be valid. And the class of cases provided for in said two next preceding sec- tions shall not be considered or adjudicated by the court created by this act, and no tract of such land shall be subject to entry under the land laws of the United States. Act March 3, 1891, c. 539, § 18, 26 Stat. 862. Act Feb. 21, 1893, c. 149, 27 Stat. 470. Act June 27, 1898, c. 504, 30 Stat. 495. This section as originally enacted required all claims to be filed with- in two years next after the passage of the act (March 3, 1891). By Act Feb. 21, 1893, c. 149, cited above, the words “the passage of this act" were stricken out and the words “the first day of December, eighteen hundred and ninety-two" substituted therefor. By Act June 27, 1898, c. 504, cited above, the section was again amended by providing that claims must be filed before March 4, 1901, as set forth here. Time when court shall cease. Sec. 19. That the powers and functions of the court established by this Act shall cease and determine on the thirtieth day of June, nine- teen hundred and two, and all papers, files, and records in the pos- session of the said court belonging to any other public office of the United States shall be returned to such Office, and all other papers, files, and records in the possession of or appertaining to said court shall be returned to and filed in the Department of the Interior. Act March 3, 1891, c. 539, § 19, 26 Stat. 862. Act Feb. 19, 1897, c. 265, 29 Stat. 577. Act Feb. 24, 1899, c. 187, 30 Stat. 846. Act April 17, 1900, c. 192, 31 Stat. 132. By the provisions of this section, as originally enacted, the powers and functions of the court were to cease and determine Dec. 31, 1895. The time was extended by Act March 2, 1895, c. 177, to Dec. 31, 1897, and by Act Feb. 19, 1897, c. 265, to March 4, 1899, and by Act Feb. 24, 1899, c. 187, to June 30, 1900, and by Act April 17, 1900, c. 192, to June 30, 1902, by amendment of this section to read as set forth here. ACT JUNE 6, 1900, c. 791, $ 1. Publication of notices of survey. For survey of private land claims in the States of Colorado, Ne- vada, Wyoming, and Utah, and in the Territories of Arizona and New Mexico, confirmed under the provisions of the Act of Congress entitled "An Act to establish a Court of Private Land Claims, and Tit. 13—THE JUDICIARY-Ch. 21A. 777 * to provide for the settlement of private land claims in certain States and Territories," approved March third, eighteen hundred and ninety- one, and for the resurvey of such private land claims heretofore con- firmed as may be deemed necessary, * dollars, said sum to be also available for office work on such surveys and for the examina- tion of the surveys in the field: Provided, That hereafter the notices of survey required by section ten of said Act shall be published in one newspaper only, except where specifically directed by the Com- missioner of the General Land Office. Act June 6, 1900, c. 791, § 1, 31 Stat. 616. This is a provision of the sundry civil appropriation act for the fiscal year ending June 30, 1901, cited above. Act March 3, 1891, c. 539, men- tioned therein, section 10 of which is referred to in the proviso, is set forth above. TITLE XIV. THE ARMY. Chap. 1. Organization.... 2. Retirement 3. Pay and allowances. 4. The Military Academy. 5. Articles of War.. 6. Military prison... [6A. National military parks). Sec. 1094 1243 1261 1309 1342 1344 Page 778 883 891 926 942 974 975 CHAPTER ONE. Organization. Sec. Sec. 1094. [Superseded.] 21. Pay Department. Act Feb. 2, 1901, c. 192. 22. Composition of Corps of Engi- 1. Composition of the Army. neers. 2. Composition of cavalry regiment. 23. Ordnance Department. 3. Artillery Corps. 24. Signal Corps. 4. Coast artillery and field artillery, 25. Rank of officers of Record and branches of Artillery Corps. Pension Office of War Depart- 5. Assignment of officers of artil- ment. lery to coast or to field artillery. 26. Appointments, promotions, and 6. Composition of Artillery Corps. vacancies in staff, and details 7. Composition of company of coast thereto from line. artillery. 27. Vacancies caused by details from 8. Composition of battery of field line to staff. artilley. 28. Vacancies in grades of field offi- 9. Time and manner of making in- cers and captain; appointment crease of artillery. of enlisted men as second lieu- 10. Composition of infantry regiment. tenants. 11. Composition of enlisted force of 29. Enlistment of trained men to fill Corps of Engineers. vacancies in organizations serv- 12. Chaplains. ing out of United States. 13. Adjutant-General's Department. 30. Time for maintenance of enlisted 14. Inspector-General's Department. force at maximum strength; dis- 15. Judge-Advocate-General's Depart- charge of soldier upon parent ment. becoming dependent. 16. Quartermaster's Department. 31. Detail of enlisted men for re- 17. Subsistence Department. cruiting. 18. Medical Department. 32. Provisional promotion of officer 19. Nurse Corps. pending examination. 20. Veterinarians. 33. [Temporary.] (778) Tit. 14—THE ARMY —Ch. 1. 779 Sec. 34. Privileges on account of service during or since war with Spain. 35. [Temporary.] 36. Enlistment of natives of Philip- pine Islands; organization as scouts or as troops or compa- nies; officers. 37. Provisional regiment for service in Porto Rico. 38. Sale of intoxicants in post ex- changes or canteens, etc. 39. Commissions of officers not af- fected. 40. The ration; President may pre- scribe component articles, etc. 41. Badges of military societies. 42. Repeal. Act March 2, 1901, c. 803. Officers in Inspector-General's De- partment; appointment to staff from officers of volunteers; limit of age of chaplains. 1095, 1096. [Superseded.] Res. Feb. 5, 1895, No. 9. 1. Lieutenant-General; grade re- vived. 2. Lieutenant-General; pay and al- lowances. 1097. Lieutenant-General's aids and secretary. 1098. Aids of major and brigadier gen- erals. 1099. [Superseded.] Act March 2, 1899, c. 352, $ 3. Artillery; band; battery. 1100, 1101. [Superseded.] 1102, 1103. [Superseded.] Act March 2, 1899, c. 352, § 2. Cavalry; band. 1104. Colored cavalry regiments. 1105. Dismounted. 1106, 1107. [Superseded.] Act March 2, 1899, c. 352, § 4. Infantry; band. 1108. Colored infantry regiments. 1109. Post ordnance-sergeants; num- ber and duty. 1110. How selected. 1111. Band; [Military Academy.] 1112. Indian scouts. Act Aug. 12, 1876, c. 263. Indian scouts; employment contin- ued. 1113. Trading establishments. Sec. Act July 24, 1876, c. 226, $ 3. Post traders at military posts. Act Jan. 28, 1893, c. 51. Vacancies in position of post trader not to be filled. 1114. Brigades and divisions. 1115. [Superseded.] 1116. General qualifications [of enlisted men). 1117. Enlistment of minors. 1118. Persons not to be enlisted. Act Aug. 1, 1894, c. 179. 1. Repeal. 2. Term of enlistment; qualifications for enlistment and re-enlistment. 3. Time for re-enlistment with addi- tional pay. Act March 2, 1899, c. 352, 8 4. Limits of age for original enlist- ments. 1119. [Superseded.] 1120. Premium for bringing [recruit). Act Jan. 29, 1887, c. 72. 1. School of instruction for cavalry and light artillery. 2. [Temporary.] Act June 16, 1890, c. 426. 1. [Repealed.] 2. [Superseded.] 3. Arrest of deserters. 4. Purchase of discharge of enlisted man. 5. [Superseded.] Act Oct. 1, 1890, c. 1259, $ 2. Civil officers authorized to arrest deserters. 1121. [Superseded.] 1122. Rank, etc., of chaplains. 1123. Qualifications of [chaplains]. Act March 2, 1899, c. 352, § 7. Examination for appointment from civil life as judge-advocate, pay- master, or chaplain. 1124. Duties as school-teachers. 1125. Duties as clergymen. 1126. Monthly reports. 1127. Facilities to [chaplains]. 1128. [Superseded.] 1129. [Superseded.] 1130. [Assistant adjutants-gener a l], when to be inspectors. 1131. [Superseded.] Act Feb. 24, 1891, c. 284. Expert accountant in Inspector-Gen- eral's Department, 780 Tit. 14—THE ARMY —Ch. 1. Sec. 1132. Quartermaster's Corps; organiza- tion; (performance of duties of Quartermaster-General or other chief of department or corps during his absence]. Act July 5, 1884, c. 217. Post quartermaster-sergeants. Act July 1, 1898, c. 544. Military storekeeper. Act July 8, 1898, c. 642. Post quartermaster-sergeants; in- crease of number. 1133. Duties [of Quartermaster's De- partment] 1134. Commissary's duty. 1135. Supplies to naval and marine de- tachments. 1136. Permanent barracks. Act June 23, 1879, c. 35, $ 8. Places for military headquarters. 1137. Forage and wagon masters. 1138. Officers not to trade. 1139. System of accountability. 1140. [Superseded.] 1141. Duties [of Subsistence Depart- ment). 1142. Post commissary-sergeants. 1143. Rations to naval detachments. 1144. Credit sales. Act March 3, 1875, c. 131, $ 1. Purchase of subsistence stores for sale. Act July 5, 1884, c. 217. Sales at cost prices. Act Aug. 30, 1890, c. 837. Sales to officers and men of Signal Service. Act Feb. 12, 1895, c. 83. Purchase of exceptional articles for sale. 1145. Sales of rations. 1146. [Superseded.] 1147. Coffee and sugar commuted. 1148. Sugar and coffee in kind. 1149. Sales of tobacco. 1150. Officers not to trade. 1151. [Superseded.] 1152. [Corps of Engineers;] regula- tions of supplies. 1153. Disbursements. 1154, 1155. [Superseded.] 1156. Engineer officers. 1157. Duties of engineer soldiers. 1158. Engineers; limits of duty. Sec. 1159. [Superseded.] Act May 1, 1882, c. 111. Ordnance storekeeper; appointment. Act June 6, 1896, c. 338. Ordnance storekeeper; rank. 1160. [Superseded.] 1161. [Superseded.] 1162. [Ordnance Department;] enlist- ed men. 1163. Detail of artificers. 1164. Supplies [of ordnance and ord- nance stores]. 1165. Depots. 1166. Orders for supplies. 1167. Semi-annual reports, 1168. [Superseded.] Act June 23, 1874, c. 458, 8 4. Medical Department; organization. Act July 27, 1892, c. 270. 1. Grades of medical officers. 2. Examinations for promotion of assistant surgeons. 3. Assignment of medical officers to duty. 4. Repeal 1169. [Medical officers;] right of com- mand. 1170. [Superseded.] 1171. [Superseded.] 1172. Examinations [for appointment as assistant surgeon and sur- geon). 1173. [Superseded.] 1174. Supervision of cooking. Act July 5, 1884, c. 217. Medical officers to attend families of officers and soldiers. 1175. Sick-diet in hospital. 1176. [Superseded.] Act March 3, 1879, c. 173. Trusses, to whom furnished. 1177. [Trusses,] application for. 1178. Trusses, purchase of. Act March 3, 1883, c. 93. Sales of medical supplies to civilian employés. 1179-1181. [Superseded.] Act March 1, 1887, c. 311. 1. Hospital Corps, attached to Medi- cal Department. 2. Hospital stewards; number. 3. Hospital stewards; pay; rank. 4. Hospital stewards; examination for appointment. Tit. 14THÐ ARMY —Ch. 1. 781 Sec. 1202. Witnesses compelled to attend. Act July 27, 1892, c. 272, $ 4. Administration of oaths. 1203. Reporter. Sec. 5. Privates of Hospital Corps; en- listment; duties. 6. Privates of Hospital Corps; pay and allowances. 7. Acting hospital stewards; pay; examination for appointment as hospital stewards. 8. Repeal. Act March 16, 1896, c. 59. Hospital stewards; number limited. Act May 26, 1900, c. 586. Hospital stewards; additional ap- pointments. 1182. [Superseded.] 1183. [Officers of Pay Department;] right of command. 1184. Additional paymasters. 1185. Additional paymasters; service temporary. 1186. Duties of Paymaster-General. 1187. Duties of deputy paymasters-gen- eral, 1188. Duties of paymasters. Act Aug. 30, 1890, c. 837, 8 1. Payment to enlisted men of Signal Corps. Act Feb. 27, 1893, c. 168. Payment of enlisted men where no paymaster on duty. 1189. Periods of payment. 1190. Paymasters' clerks. Act May 26, 1900, c. 586. Pay of paymasters' clerks. 1191. Bonds of disbursing officers, by whom to be given. 1192. Renewing bonds of paymasters. 1193. Chiefs of corps and departments, how selected. 1194. [Repealed.] 1195. [Superseded.] Act Oct 1, 1890, c. 1266, § 2. Chief Signal Officer; duties. 1196. [Superseded.] 1197. Signal-detail to be mounted. Act Aug. 30, 1890, c. 837, § 1. Disbursements for Signal Service. Act Feb. 24, 1891, c. 284. Disbursements for Signal Service and military telegraph lines. 1198. [Superseded.] 1199. Duties of Judge-Advocate-Gener- al. 1200. (Superseded.] 1201. Duties of judge-advocates. OF PROMOTIONS, BREVETS, AND CERTIFICATES OF MERIT. 1204. [Superseded.] Act Oct. 1, 1890, c. 1241. 1. Promotions by seniority, subject to examination. 2. Assignments of officers to regi- ments; transfers; appointments in the line. 3. Examinations for promotion. Act July 27, 1892, c. 269. 1. [Amends Act Oct. 1, 1890, c. 1241, $ 3.] 2. Examination of officers of Corps of Engineers and Ordnance De partment. 1205. [Superseded.] 1206-1208. [Superseded.] 1209. Brevets. 1210. Date of brevet commission. 1211. Assignment to duty according to brevet rank. Act March 3, 1883, c. 93, $ 1. Assignment to duty according to bre- vet rank only during hostilities. 1212. Uniform and title. Act Feb. 27, 1890, c. 20. 1. Brevets for services against In- dians. 2. Date of brevet commission. 3. Brevet to confer no privilege of precedence or command. 4. Repeal Act Feb. 16, 1897, c. 234. Brevets for service in volunteer forces. 1213. [Superseded.] Act May 17, 1886, c. 338. Graduates of Military Academy to be commissioned second lieutenants or additional second lieutenants. 1214. [Superseded.] 1215. [Superseded.] Act June 18, 1878, c. 263, $ 3. Appointment of second lieutenants. Act July 30, 1892, c. 328. 1. Examinations of enlisted men for promotion. 2. Examining boards. 782 Tit. 14—THE ARMY —Ch. 1. Sec. 3. Appointment to vacancies in grade of second lieutenant; certifi- cates of eligibility. 4. Effect of sentence of court-mar- tial. 5. Repeal. 1216. Certificates of merit for privates. Act Jan. 26, 1897, c. 92. Certificates of honorable service for military telegraphers. GENERAL PROVISIONS OF OR- GANIZATION. 1217. Commissions now held not va- cated, 1218. [Repealed.] 1219. Time of actual service considered in fixing rank. Act June 18, 1878, c. 263, § 2. Rank of officers of line and record of service, in Army Register. Act July 5, 1884, c. 217. Rank and precedence of medical offi- cers. 1220. Returns of ordnance, damages; [alteration of clothing.) Act March 2, 1889, c. 372. Price for alteration of clothing. 1221. Returns of clothing and camp- equipage. Act Oct. 12, 1888, c. 1092. Returns of Signal Service property; rules and regulations. 1222. Accepting or holding civil office. 1223. Accepting or holding diplomatic or consular office. 1224. Civil employment prohibited. 1225. Officers and arms for colleges [and other educational institutions). Act Jan. 13, 1891, c. 70. Officers for educational institutions; increase of number. Act Nov. 3, 1893, c. 13. Officers for educational institutions; increase of number; qualifications; term of service; detail of retired officers. Act Aug. 6, 1894, c. 228. Retired officers detailed to education- al institutions. Res. March 3, 1897, No. 23. Officer as instructor in military school in Greater Republic of Cen- tral America. Sec. Act Feb. 26, 1901, c. 607. Preamble. 1. Retired officers detailed as in- structors in military drill and tactics in schools. 2. Compensation of officers detailed. 3. Issue of ordnance and orduance stores to schools. 4. Time of taking effect of act. 1226. Privileges on account of volun- teer service. Act Feb. 4, 1897, c. 146. Privileges on account of service in Regular Army during rebellion. 1227. Army corps badges. Res. Sept. 25, 1890, No. 50. Military society badges. Res. May 11, 1894, No. 26. Regular Army and Navy Union badge. 1228. Restoration of dismissed officers. 1229. Officers dropped for desertion. 1230. Officers dismissed by President may demand trial. Act March 2, 1889, c. 390. 1. Removal from record of charge of desertion against volunteer soldiers of civil war. 2. Removal from record of charge of desertion against volunteer or regular soldiers of civil war. 3. Removal from record of charge of desertion against soldiers of civil war who re-enlisted with- out discharge from previous en- listment. 4. Effect of return to duty, after de- sertion of solider of civil war, on claim for pension. 5. Effect of removal of charge of de- sertion on rights to pay and bounty. 6. Removal from record of charge of desertion against soldiers Mexican war. 7. Cases excepted from provisions of act. 8. Effect of removal of charge of de- sertion on status and record of soldier and rights to pension, pay, etc. 9. Applications for relief. 10. Repeal. Sec. 1094) 783 Tit. 14—THE ARMY —Ch. 1. Sec. Act April 14, 1890, c. 80. Discharges of soldiers and sailors of civil war who enlisted under as- sumed names. 1231. Post and garrison schools. 1232. Enlisted men not to be used as servants. 1233. [Repealed.] Act July 7, 1898, c. 583. Enlistment of cooks. 1234. Superintendence of cooking. 1235. Labor detail. 1236. Details to special service from forces in the field. 1237. Exemption from arrest. 1238. Female nurses. 1239. Matrons. 1240. [Superseded.] Act June 18, 1878, c. 263, § 5. Laundresses not to accompany troops. Act June 13, 1890, c. 423. Expenditures at posts. Act July 16, 1892, c. 195. Expenditures for post gardens or ex- changes. 1241. Sales of stores. 1242. Arms and accouterments in pos- session of persons not soliders. Sec. 3. Regular Army, permanent mili- tary establishment. 4. Volunteer Army, raised and main- tained during war. 5. Call for volunteers; apportion- ment. 6. Organization and government of Volunteer Army and militia in service of United States; appointment of officers. 7. Maximum strength of volunteer organizations to be maintained. 8. Returns and muster rolls and med ical records of organization of Volunteer Army and of militia in service of United States. 9. Organization into divisions and Army corps. 10. Staff of commander of Army corps, division, or brigade; ap- pointment of staff officers. 11. Major-generals and brigadier-gen- erals in Volunteer Army; aids. 12. Volunteer Army on same footing as Regular Army as to pay, al- lowances, and pensions. 13. Appointment of officers of Regu- lar Army in Volunteer Army. 14. Examinations of officers of Volun- teer Army. 15. Repeal. Act June 29, 1898, c. 538. Assignment of officers to volunteer staff. Res. July 8, 1898, No. 57. Staff of commander of Army corps; chief signal officer. [ORGANIZATION OF VOLUNTEER ARMY.] Act April 22, 1898, c. 187. 1. National forces; liability to mili- tary duty. 2. Active land forces; Army and militia; Regular Army and Vol- unteer Army. Sec. 1094. [Superseded. Act Feb. 2, 1901, C. 192, § 1.] This section prescribed the composition of the Army, and other sec- tions under this chapter provided for the organization and equipment thereof. Many of the provisions of this chapter were superseded by subsequent statutes relating to particular departments or corps or other parts of the military establishment, particularly Act June 23, 1874, c. 458, 18 Stat. 244, which reorganized the several staff corps. The or- ganization of a Volunteer Army was provided for by Act April 22, 1898, c. 187, 30 Stat. 361. Additions to the volunteer forces were authorized by Act May 11, 1898, c. 294, 30 Stat. 405, and further provisions for raising and organizing and mustering out volunteers are contained in Act March 2, 1899, c. 352, $8 12-15, 30 Stat. 979. The provisions of these sections which may be regarded as permanent are set forth at the end of this chapter. Provisions of a temporary nature, relating to the increase and organization of particular departments or corps, were made by later statutes. The better organization of the line 784 (Sec. 1094 Tit. 14—The ARMY —Ch. 1. of the Army and its increase in time of war were provided for by Act April 26, 1898, c. 191, 30 Stat. 364. But Rev. St. § 1094, and, to a great extent, the provisions of the subse- quent statutes mentioned above relating to the permanent military estab- lishment, were superseded by Act March 2, 1899, c. 352, 30 Stat. 977, which changed the composition and organization of the Army, and the provisions of that act, in turn, are superseded almost entirely by those of Act Feb. 2, 1901, c. 192, set forth below. ACT FEB. 2, 1901, c. 192. An Act to Increase the Efficiency of the Permanent Military Es- tablishment of the United States. (31 Stat. 748.) Composition of the Army. Be it enacted, etc., That from and after the approval of this Act the Army of the United States, including the existing organizations, shall consist of fifteen regiments of cavalry, a corps of artillery, thirty regiments of infantry, one Lieutenant-General, six major-gen- erals, fifteen brigadier-generals, an Adjutant-General's Department, an Inspector-General's Department, a Judge-Advocate-General's De- partment, a Quartermaster's Department, a Subsistence Department, a Medical Department, a Pay Department, a Corps of Engineers, an Ordnance Department, a Signal Corps, the officers of the Record and Pension Office, the chaplains, the officers and enlisted men of the Army on the retired list, the professors, corps of cadets, the army detachments and band at the United States Military Academy, Indian scouts as now authorized by law, and such other officers and en- listed men as may hereinafter be provided for: Provided, That when a vacancy shall occur through death, retirement, or other separation from active service in the office of storekeeper, now provided for by law in the Quartermaster's Department and Ordnance Department, respectively, said office shall cease to exist. Act Feb. 2, 1901, c. 192, § 1, 31 Stat. 748. This section includes and adds to the military officers and organizations existing under preceding statutes, particularly under the similar enumera- tion in Act March 2, 1899, c. 352, § 1, 30 Stat. 977, which superseded Rev. St. $ 1094 and other previous provisions. The specific changes made are indicated in the notes under the following sections of this act and of the Revised Statutes relating to the particular officers or organiza- tions affected. The storekeeper in the Quartermaster's Department, referred to in the proviso to this section, is authorized by Act July 1, 1898, c. 544, post, under Rev. St. $ 1132, and by section 16 of this act; and the store- keeper in the Ordnance Department, also referred to, by Act May 1, 1882, c. 111, post, under Rev. St. $ 1159, and by section 23 of this act. A proviso similar to this was annexed to Act March 2, 1899, c. 352, $ 1, mentioned above. Composition of cavalry regiment. Sec. 2. That each regiment of cavalry shall consist of one colonel, one lieutenant-colonel, three majors, fifteen captains, fifteen first lieu- tenants, and fifteen second lieutenants; two veterinarians, one ser- geant-major, one quartermaster-sergeant, one commissary-sergeant, three squadron sergeants-major, two color-sergeants with rank, pay, and allowances of squadron sergeant-major, one band, and twelve troops organized into three squadrons of four troops each. Of the Sec. 1094) 785 Tit. 14—THE ARMY-Ch. 1. officers herein provided, the captains and lieutenants not required for duty with the troops shall be available for detail as regimental and squadron staff officers and such other details as may be author- ized by law or regulations. Squadron adjutants shall receive one thousand eight hundred dollars per annum and the allowances of first lieutenants; squadron quartermasters and commissaries shall receive one thousand six hundred dollars per annum and the allow- ances of second lieutenants. Each cavalry band shall be organized as now provided by law. Each troop of cavalry shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermaster-sergeant, six sergeants, six corporals, two cooks, two farriers and blacksmiths, one saddler, one wagoner, two trumpet- ers, and forty-three privates; the commissioned officers to be as- signed from among those hereinbefore authorized: Provided, That the President, in his discretion, may increase the number of cor- porals in any troop of cavalry to eight, and the number of privates to seventy-six, but the total number of enlisted men authorized for the whole Army shall not at any time be exceeded. Act Feb. 2, 1901, c. 192, § 2, 31 Stat. 748. Ten regiments of cavalry were authorized by Rev. St. $ 1094, and sub- sequent statutes, and fifteen regiments by section 1 of this act. The composition of each regiment and troop was prescribed by Rev. St. $$ 1102, 1103, and amendments thereof; a temporary increase of strength was authorized by provisions of Act July 24, 1876, c. 226, 19 Stat. 98, and several later statutes, among them a provision for increase in time of war, by Act April 26, 1898, c. 191, § 3, 30 Stat. 364; and the com- position of each regiment and troop, and the organization of troops into squadrons, were prescribed by Act March 2, 1899, c. 352, & 2, 30 Stat. 977. These provisions are superseded by this section, except the clause relating to the organization of cavalry bands contained in the section last mentioned, set forth post, under Rev. St. § 1102. Artillery Corps. Sec. 3. That the regimental organization of the artillery arm of the United States Army is hereby discontinued, and that arm is con- stituted and designated as the Artillery Corps. It shall be organized as hereinafter specified and shall belong to the line of the Army. Act Feb. 2, 1901, c. 192, § 3, 31 Stat. 748. Five regiments of artillery were authorized by Rev. St. $ 1094, and seven regiments by Act March 8, 1898, c. 53, 30 Stat. 261, and Act March 2, 1899, c. 352, 30 Stat. 977. These provisions are superseded by this section. Coast artillery and field artillery, branches of Artillery Corps. Sec. 4. That the Artillery Corps shall comprise two branches—the coast artillery and the field artillery. The coast artillery is defined as that portion charged with the care and use of the fixed and mova- ble elements of land and coast fortifications, including the submarine mine and torpedo defenses; and the field artillery as that portion accompanying an army in the field, and including field and light artillery proper, horse artillery, siege artillery, mountain artillery, and also machine-gun batteries: Provided, That this shall not be con- strued to limit the authority of the Secretary of War to order coast artillery to any duty which the public service demands or to prevent LAWS '01-50 786 (Sec. 1091 Tit. 14—The ARMY —Ch. 1. the use of machine or other field guns by any other arm of the serv- ice under the direction of the Secretary of War. Act Feb. 2, 1901, c. 192, § 4, 31 Stat. 749. Assignment of officers of artillery to coast or to field artillery. Sec. 5. That all officers of artillery shall be placed on one list, in respect to promotion, according to seniority in their several grades, and shall be assigned to coast or to field artillery according to their special aptitude for the respective services. Act Feb. 2, 1901, c. 192, § 5, 31 Stat. 749. Composition of Artillery Corps. Sec. 6. That the Artillery Corps shall consist of a Chief of Artil- lery, who shall be selected and detailed by the President from the colonels of artillery, to serve on the staff of the general officer com- manding the Army, and whose duties shall be prescribed by the Secretary of War; fourteen colonels, one of whom shall be the Chief of Artillery; thirteen lieutenant-colonels, thirty-nine majors, one hun- dred and ninety-five captains, one hundred and ninety-five first lieu- tenants, one hundred and ninety-five second lieutenants; and the captains and lieutenants provided for in this section not required for duty with batteries or companies shall be available for duty as staff officers of the various artillery garrisons and such other details as may be authorized by law and regulations; twenty-one sergeants- major, with the rank, pay, and allowances of regimental sergeants- major of infantry; twenty-seven sergeants-major, with the rank, pay, and allowances of battalion sergeants-major of infantry; one elec- trician sergeant to each coast artillery post having electrical appli- ances; thirty batteries of field artillery, one hundred and twenty- six batteries of coast artillery, and ten bands organized as now authorized by law for artillery regiments: Provided, That the aggre- gate number of enlisted men for the artillery, as provided under this Act, shall not exceed eighteen thousand nine hundred and twenty, exclusive of electrician sergeants. Act Feb. 2, 1901, c. 192, $ 6, 31 Stat. 749. This section supersedes the provisions for the composition of regiments of artillery contained in Rev. St. $ 1099 and subsequent statutes, in- cluding Act March 8, 1898, c. 53, § 2, 30 Stat. 261, Act April 26, 1898, c. 191, § 3, 30 Stat. 364, and Act March 2, 1899, c. 352, § 3, 30 Stat. 977. The provisions of the section last named for the organiza- tion of artillery bands, referred to in this section, and for the organiza- tion of batteries of artillery, are set forth post, under Rev. St. 1099. Composition of company of coast artillery. Sec. 7. That each company of coast artillery shall be organized as is now prescribed by law for a battery of artillery: Provided, That the enlisted strength of any company may be fixed, under the direction of the Secretary of War, according to the requirements of the service to which it may be assigned: And provided, That first-class gunners shall receive two dollars a month, and second-class gunners one dollar per month in addition to their pay. Act Feb. 2, 1901, c. 192, & 7, 31 Stat. 749. The organization of a battery of artillery, referred to in this section Sec. 1094) 787 Tit. 14—THE ARMY --Ch. 1. and the section next following, was prescribed by Rev. St. § 1100; an increase of strength in time of war was authorized by Act April 26, 1898, c. 191, § 3, 30 Stat. 364; and the organization of batteries of heavy artillery and light artillery was prescribed by Act March 2, 1899, c. 352, § 3, set forth post, under Rev. St. § 1099. Composition of battery of field artillery. Sec. 8. That each battery of field artillery shall be organized as is now prescribed by law, and the enlisted strength thereof shall be fixed under the direction of the Secretary of War. Act Feb. 2, 1901, c. 192, § 8, 31 Stat. 749. See note under preceding section of this act. Time and manner of making increase of artillery. Sec. 9. That the increase herein provided for the artillery shall be made as follows: Not less than twenty per centum before July first, nineteen hundred and one, and not less than twenty per centum each succeeding twelve months until the total number provided for shall have been attained. All vacancies created or caused by this Act shall be filled by promotion according to seniority in the artillery arm. Second lieutenants of infantry or cavalry may, in the discretion of the President, be transferred to the artillery arm, taking rank therein according to date of commission, and such transfers shall be subject to approval by a board of artillery officers appointed to pass upon the capacity of such officers for artillery service: Provided, That the in- crease of officers of artillery shall be only in proportion to the increase of men. Act Feb. 2, 1901, c. 192, § 9, 31 Stat. 749. Composition of infantry regiment. Sec. 10. That each regiment of infantry shall consist of one colonel, one lieutenant-colonel, three majors, fifteen captains, fifteen first lieu- tenants, and fifteen second lieutenants; one sergeant-major, one quar- termaster-sergeant, one commissary-sergeant, three battalion ser- geants-major, two color sergeants, with rank, pay, and allowances of battalion sergeants-major, one band, and twelve companies, organized into three battalions of four companies each. Of the officers herein provided, the captains and lieutenants not required for duty with the companies shall be available for detail as regimental and battalion staff officers and such other details as may be authorized by law or regula- tions. Battalion adjutants shall receive one thousand eight hundred dollars per annum and the allowances of first lieutenants, mounted; battalion quartermasters and commissaries shall receive one thousand six hundred dollars per annum and the allowances of second lieu- tenants, mounted. Each infantry band shall be organized as now pro- vided by law. Each infantry company shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermaster-sergeant, four sergeants, six corporals, two cooks, two musicians, one artificer, and forty-eight privates, the commis- sioned officers to be assigned from those hereinbefore authorized : Provided, That the President, in his discretion, may increase the num- ber of sergeants in any company of infantry to six, the number of cor- porals to ten, and the number of privates to one hundred and twenty- 788 (Sec. 1094 Tit. 14—THE ARMY —Ch- . 1. seven, but the total number of enlisted men authorized for the whole Army shall not, at any time, be exceeded. Act Feb. 2, 1901, c. 192, $ 10, 31 Stat. 750. Twenty-five regiments of infantry were authorized by Rev. St. § 1094, and subsequent statutes, and thirty regiments by section 1 of this act. The composition of each regiment and company was prescribed by Rev. St. SS 1106, 1107; an increase of strength in time of war was authorized by Act April 26, 1898, c. 191, SS 2, 3, 30 Stat. 364, 365; and the composition of each regiment and company, and the organiza- tion of the companies into battalions, were prescribed by Act March 2, 1899, c. 352, $ 4, 30 Stat. 977. These provisions are superseded by this section, except the clause relating to the organization of infantry bands, contained in the section last named, set forth post, under Rev. St. $ 1106. A provisional regiment for service in Porto Rico is provided for by sec- tion 37 of this act. Composition of enlisted force of Corps of Engineers. Sec. II. That the enlisted force of the Corps of Engineers shall con- sist of one band and three battalions of engineers. The engineers band shall be organized as now provided by law for bands of infantry regiments. Each battalion of engineers shall consist of one sergeant- major, one quartermaster-sergeant, and four companies. Each com- pany of engineers shall consist of one first sergeant, one quarter- master-sergeant, with the rank, pay, and allowances of sergeant, eight sergeants, ten corporals, two musicians, two cooks, thirty-eight first- class and thirty-eight second-class privates: Provided, That the Presi- dent may, in his discretion, increase the number of sergeants in any company of engineers to twelve, the number of corporals to eighteen, the number of first-class privates to sixty-four, and the number of second-class privates to sixty-four, but the total number of enlisted men authorized for the whole Army shall not, at any time, be ex- ceeded: And provided, That officers detailed from the Corps of En- gineers to serve as battalion adjutants and battalion quartermasters and commissaries shall, while so serving, receive the pay and allow- ances herein authorized for battalion staff officers of infantry regi- ments. Act Feb. 2, 1901, c. 192, § 11, 31 Stat. 750. A Corps of Engineers was authorized by Rev. St. $ 1094, and subse- quent statutes, and by section 1 of this act. The composition of the corps was prescribed by Rev. St. $ 1151, and by Act July 5, 1898, c. 568, 30 Stat. 652, and the composition of the battalion of engineers and of each company by Rev. St. $$ 1154, 1155. An increase of the enlisted strength in time of war was authorized by Act April 26, 1898, c. 191, § 3, 30 Stat. 365. The corps, consisting of the officers and enlisted men as then constituted, was continued by Act March 2, 1899, c. 352, § 7, 30 Stat. 977. These provisions relating to the enlisted force are superseded by this section; those relating to the composition of the corps are superseded by section 22 of this act. The provisions referred to in this section for the organization of bands of infantry regiments are contained in Act March 2, 1899, c. 352, § 4, set forth under Rev. St. $ 1106. The enlisted force provided for in this section and the officers serving therewith constitute part of the line of the Army, under section 22 of this act. Chaplains. Sec. 12. That the President is authorized to appoint, by and with Sec. 1094) 789 Tit. 14—THE ARMY—Ch. I the advice and consent of the Senate, chaplains in the Army, at the rate of one for each regiment of cavalry and infantry in the United States service and twelve for the corps of artillery, with the rank, pay, and allowances of captains of infantry: Provided, That no person shall be appointed a chaplain in the Regular Army who shall have passed the age of forty years, nor until he shall have established his fitness as required by existing law: And provided, That the office of post chaplain is abolished, and the officers now holding commissions as chaplains, or who may hereafter be appointed chaplains, shall be assigned to regiments or to the corps of artillery. Chaplains may be assigned to such stations as the Secretary of War shall direct, and they may be transferred, as chaplains, from one branch of the service or from one regiment to another by the Secretary of War, without further commission. When serving in the field, chaplains shall be furnished with necessary means of transportation by the Quarter- master's Department. Act Feb. 2, 1901, c. 192, § 12, 31 Stat. 750. Thirty post chaplains, and four regimental chaplains for the four regiments of colored troops provided for by Rev. St. $$ 1104, 1108, were authorized by Rev. St. $$ 1094, 1121; and Act April 26, 1898, c. 191, 30 Stat. 364, which reorganized the line of the Army, contained a proviso, annexed to section 1 thereof, that it should not be construed as abolishing the office of chaplain in each regiment of colored troops. Thirty chap- lains, to be assigned to regiments or posts in the discretion of the Secretary of War, were provided for by Act March 2, 1899, c. 352, § 1, 30 Stat. 977, with provisos, annexed to sections 2 and 4 thereof, that it should not be construed as a bolishing the office of chaplain in each regiment of colored cavalry or colored infantry. All these provisions are superseded by this section, except that the requirements of Rev. St. $ 1123, as to the qualifications of chaplains, and, perhaps, also, the provisions of Act March 2, 1899, c. 352, § 7, post, under Rev. St. $ 1123, for examination before appointment, may be regarded as operative under the proviso annexed to this section, that no person shall be appointed a chaplain until he shall have established his fitness as required by existing law. The age limit prescribed by this section is not to apply to persons who served as chaplains of volunteers after April 21, 1898, who were under 42 years of age when originally appointed, by a provision of Act March 2, 1901, c. 803, post, following this act. The duties of chaplains are prescribed by Rev. St. $$ 1124-1127. Adjutant-General's Department. Sec. 13. That the Adjutant-General's Department shall consist of . one Adjutant-General with the rank of major-general, and when a vacancy shall occur in the office of Adjutant-General on the expira- tion of the service of the present incumbent, by retirement or other- wise, the Adjutant-General shall thereafter have the rank and pay of a brigadier-general, five assistant adjutants-general with the rank of colonel, seven assistant adjutants-general with the rank of lieutenant- colonel, and fifteen assistant adjutants-general with the rank of major : Provided, That all vacancies created or caused by this section shall, as far as possible, be filled by promotion according to seniority of offi- cers of the Adjutant-General's Department. Act Feb. 2, 1901, c. 192, § 13, 31 Stat. 751. The Adjutant-General's Department was authorized by Rev. St. $ 1094, and its organization was prescribed by Rev. St. $ 1128; changes 790 (Sec. 1094 Tit. 14—THE ARMY-. -. Ch. 1in the grades and number of officers thereof were made by Act March 3, 1875, c. 142, 18 Stat. 478, Act Feb. 28, 1887, c. 287, 24 Stat. 434, and Act Aug. 6, 1894, c. 228, 28 Stat. 233; it was continued, as then constituted, by Act March 2, 1899, c. 352, $ 6, 30 Stat. 978; and Act June 6, 1900, c. 792, § 3, gave the Adjutant-General the rank, pay, and allowances of a Major-General, with a proviso that, on the expiration of the service of the incumbent, the Adjutant-General should thereafter have the rank, pay, and allowances of a Brigadier-General. All these provi- sions are superseded by this section. Provisos similar to that annexed to this section, relating to filling vacancies created or caused by changes in the organization of the De- partment, were contained in the statutes making such changes, mentioned above. Appointments and promotions in the Department, other than to fill vacancies provided for by this section, are regulated by section 26 of this act. Appointments from officers of volunteers to fill original vacancies in the Department are authorized by a provision of Act March 2, 1901, c. 803, post, following this act. Assistant adjutants-general are required to perform the duties of assistant inspectors-general, when the convenience of the service re- quires them to do so, by Rev. St. $ 1130. Inspector-General's Department. Sec. 14. That the Inspector-General's Department shall consist of one Inspector-General with the rank of brigadier-general, four in- spectors-general with the rank of colonel, four inspectors-general with the rank of lieutenant-colonel, and eight inspectors-general with the rank of major: Provided, That all vacancies created or caused by this section shall be filled, as far as possible, by promotion according to seniority of officers of the Inspector-General's Department. Act Feb. 2, 1901, c. 192, § 14, 31 Stat. 751. An Inspector-General's Department was authorized by Rev. St. $ 1094, and inspectors-general and assistant inspectors-general by Rev. St. § 1131. The organization of the Inspector-General's Department was prescribed by Act June 23, 1874, c. 458, § 1, 18 Stat. 244, but that sec- tion was superseded by the different provisions of Act Feb. 5, 1885, c. 50, 23 Stat. 297. A temporary increase in the Department was author- ized by Act July 7, 1898, c. 580, 30 Stat. 720; and it was continued, as then constituted, by Act March 2, 1899, c. 352, $ 6, 30 Stat. 978. All these provisions are superseded by this section. Changes in the number of officers of certain grades in the Department, to take effect on the occurrence of a vacancy in the grade of colonel, are provided for by a clause of Act March 2, 1901, c. 803, post, following this act. Provisos similar to that annexed to this section, relating to filling vacancies created or caused by changes in the organization of the Department, were contained in the statutes making such changes, men- tioned above. Appointments and promotions in the Department, other than to fill vacancies provided for by this section, are regulated by section 26 of this act. Appointments from officers of volunteers to fill original vacancies in the Department are authorized by a provision of Act March 2, 1901, c. 803, post, following this act. An expert accountant for the Department is authorized by Act June 13, 1890, c. 423, and Act Feb. 24, 1891, c. 284, post, under Rev. St. § 1131. Judge-Advocate-General's Department. Sec. 15. That the Judge-Advocate-General's Department shall con- sist of one Judge-Advocate-General with the rank of brigadier-gen- eral, two judge-advocates with the rank of colonel, three judge-advo- cates with the rank of lieutenant-colonel, six judge-advocates with Sec. 1094) 791 Tit. 14—THE ARMY —Ch. 1. the rank of major, and for each geographical department or tactical division of troops not provided with a judge-advocate from the list of officers holding permanent commissions in the Judge-Advocate- General's Department one acting judge-advocate with the rank, pay, and allowances of captain, mounted. Promotions to vacancies above the grade of major, created or caused by this Act, shall be made, according to seniority, from officers now holding commission in the Judge-Advocate-General's Department. Vacancies created or caused by this Act in the grade of major may be filled by appointment of officers holding commissions as judge-advocate of volunteers since April twenty-first, eighteen hundred and ninety-eight. Vacancies which may occur thereafter in the grade of major in the Judge- Advocate-General's Department shall be filled by the appointment of officers of the line, or of persons who have satisfactorily served as judge-advocates of volunteers since April twenty-first, eighteen hundred and ninety-eight, or of persons from civil life who at date of appointment are not over thirty-five years of age and who shall pass a satisfactory examination to be prescribed by the Secretary of War. Acting judge-advocates provided for herein shall be detailed from officers of the grades of captain or first lieutenant of the line of the Army who while so serving shall continue to hold their commissions in the arm of the service to which they permanently belong. Upon completion of a tour of duty not exceeding four years they shall be returned to the arm in which commissioned, and shall not be again detailed until they shall have completed two years' duty with the arm of the service in which commissioned. Act Feb. 2, 1901, c. 192, § 15, 31 Stat. 751. The Bureau of Military Justice and a corps of judge-advocates were authorized by Rev. St. $$ 1094, 1198, 1200. Changes in both organiza- tions were made by Act June 23, 1874, c. 458, 82, 18 Stat. 244; and they were consolidated, under the title of "Judge-Advocate-General's Department,” and the organization of the Department was prescribed by Act July 5, 1884, c. 218, 23 Stat. 113; and the Department was con- tinued, as then constituted, with provisions relating to appointments, etc., by Act March 2, 1899, c. 352, § 7, 30 Stat. 977. All these provi- sions are superseded by this section. Provisions similar to those of this section, relating to filling vacancies created or caused by changes in organization, were contained in the statutes making such changes, mentioned above. The provisions of Act March 2, 1899, c. 352, § 7, post, under Rev. St. $ 1123, for appoint- ments from civil life, on examination, etc., so far as they apply to ap- pointments of judge-advocates, may be regarded as superseded by this section. Appointments from officers of volunteers to fill original vacan- cies in the Department are authorized by a provision of Act March 2, 1901, c. 803, post, following this act. Quartermaster's Department. Sec. 16. That the Quartermaster's Department shall consist of one Quartermaster-General with the rank of brigadier-general, six assist- ant quartermasters-general with the rank of colonel, nine deputy quartermasters-general with the rank of lieutenant-colonel, twenty quartermasters with the rank of major, sixty quartermasters with the rank of captain, mounted; the military storekeeper now provided 792 (Sec. 1094 Tit. 14—THE ARMY —Ch. 1. for by law, and one hundred and fifty post quartermaster-sergeants: Provided, That all vacancies in the grade of colonel, lieutenant-colonel, and major created or caused by this section shall be filled by pro- motion according to seniority, as now prescribed by law. That to fill original vacancies in the grade of captain created by this Act in the Quartermaster's Department the President is authorized to ap- point officers of volunteers commissioned in the Quartermaster's De- partment since April twenty-first, eighteen hundred and ninety-eight: Provided further, That the President is authorized to continue in service, during the present emergency, for duty in the Philippine Islands and on transports, twenty-four captains and assistant quarter- masters of volunteers. This authority shall extend only for the period when their services shall be absolutely necessary. Act Feb. 2, 1901, c. 192, § 16, 31 Stat. 751. The Quartermaster's Department was authorized by Rev. St. § 1094, and its organization was prescribed by Rev. St. $ 1132. The latter section was amended, by the addition of other provisions, by Act Feb. 27, 1877, c. 69, 19 Stat. 242; but its original provisions had been superseded, previous to that amendment, by Act March 3, 1875, c. 126, 18 Stat. 338, and the Department was continued, as then constituted, by Act March 2, 1899, c. 352, § 7, 30 Stat. 977. All these provisions are super- seded by this section. The office of military storekeeper, referred to in this section, was authorized by Act July 1, 1898, c. 544, post, under Rev. St. $ 1132, but it is to cease, on the occurrence of a vacancy therein, by section 1 of this act. Appointments from civil life, to fill vacancies in the Department, were authorized by a provision of Act March 3, 1883, c. 93, 22 Stat. 457. Appointments and promotions in the Department, other than to fill vacancies provided for by this section, are regulated by section 26 of this act. Appointments from officers of volunteers to fill original vacan- cies in the grade of captain in the Department are authorized by a provision of Act March 2, 1901, c. 803, post, following this act. The assistant quartermasters authorized by Rev. St. § 1132, with the rank of captain of cavalry, were required to do duty as assistant commis- saries of subsistence, when ordered by the Secretary of War, by Rev. St. $ 1134. Post quartermaster-sergeants, mentioned in this section, were author- ized by provisions of Act July õ, 1884, c. 217, and Act July 8, 1898, c. 642, set forth post, following Rev. St. $ 1132. Subsistence Department. Sec. 17. That the Subsistence Department shall consist of one Com- missary-General with the rank of brigadier-general, three assistant commissaries-general with the rank of colonel, four deputy com- missaries-general with the rank of lieutenant-colonel, nine commis- saries with the rank of major, twenty-seven commissaries with the rank of captain, mounted, and the number of commissary-sergeants now authorized by law, who shall hereafter be known as post com- missary-sergeants: Provided, That all vacancies in the grades of colonel, lieutenant-colonel, and major, created or caused by this section, shall be filled by promotion, according to seniority, as now prescribed by law. That to fill original vacancies in the grade of captain, created by this Act, in the Subsistence Department, the President is authorized to appoint officers of volunteers commissioned Sec. 1094) 793 Tit. 14—THE ARMY — Ch. 1. in the Subsistence Department since April twenty-first, eighteen hun- dred and ninety-eight. Act Feb. 2, 1901, c. 192, § 17, 31 Stat. 752. The Subsistence Department was authorized by Rev. St. § 1094, and its organization was prescribed by Rev. St. $ 1140; changes in the number of officers thereof were made by Act June 23, 1874, c. 458, § 3, 18 Stat. 544, and Act Feb. 12, 1895, c. 83, 28 Stat. 654; and the Department was continued, as then constituted, by Act March 2, 1899, c. 362, § 7, 30 Stat. 977. All these provisions are superseded by this section. Commissary sergeants, referred to in this section, were authorized by Rev. St. $ 1142, not to exceed one for each military post or place of deposit for supplies. Appointments from civil life, to fill vacancies in the Department, were authorized by a provision of Act March 3, 1883, c. 93, 22 Stat. 457. Appointments and promotions in the Department, other than to fill vacancies provided for by this section, are regulated by section 26 of this act. Appointments from officers of volunteers to fill original vacancies in the grade of captain in the Department are authorized by a provision of Act March 2, 1901, c. 803, post, following this act. Medical Department. Sec. 18. That the Medical Department shall consist of one Sur- geon-General with the rank of brigadier-general, eight assistant sur- geons-general with the rank of colonel, twelve deputy surgeons-gen- eral with the rank of lieutenant-colonel, sixty surgeons with the rank of major, two hundred and forty assistant surgeons with the rank of captain or first lieutenant, the Hospital Corps, as now authorized by law, and the Nurse Corps: Provided, That all vacancies in the grades of colonel, lieutenant-colonel, and major created or caused by this section shall be filled by promotion according to seniority, subject to the examination now prescribed by law: And provided, That the period during which any assistant surgeon shall have served as a surgeon or assistant surgeon in the Volunteer Army during the war with Spain or since shall be counted as a portion of the five years' service required to entitle him to rank of captain: And provided also, That nothing in this section shall affect the relative rank for promotion of any assistant surgeon now in the service, or who may be hereafter appointed therein, as determined by the date of his ap- pointment or commission and as fixed in accordance with existing law and regulations: Provided further, That in emergencies the Sur- geon-General of the Army, with the approval of the Secretary of War, may appoint as many contract surgeons as may be necessary, at a compensation not to exceed one hundred and fifty dollars per month. That on or after the passage of this Act the President may appoint for duty in the Philippine Islands, fifty surgeons of volunteers with the rank and pay of major, and one hundred and fifty assistant sur- geons of volunteers with the rank and pay of captain, mounted, for a period of two years: Provided, That so many of these volunteer medical officers as are not required shall be honorably discharged the service whenever in the opinion of the Secretary of War their services are no longer necessary: Provided further, That assistant surgeons in the Volunteer Army of the United States commissioned by the President as captains, in accordance with the provisions of an 794 (Sec. 1094 Tit. 14—THE ARMY —Ch. 1. Act for increasing the efficiency of the Army of the United States, and for other purposes, approved March second, eighteen hundred and ninety-nine, shall be entitled to the pay of a captain, mounted, from the date of their acceptance of such commission, as prescribed by law: Provided, That the Surgeon-General of the Army, with the approval of the Secretary of War, be, and he is hereby, authorized to employ dental surgeons to serve the officers and enlisted men of the Regular and Volunteer Army, in the proportion of not to exceed one for every one thousand of said Army, and not exceeding thirty in all. Said dental surgeons shall be employed as contract dental surgeons under the terms and conditions applicable to army contrace surgeons, and shall be graduates of standard medical or dental col- leges, trained in the several branches of dentistry, of good moral and professional character, and shall pass a satisfactory professional ex- amination: Provided, That three of the number of dental surgeons to be employed shall be first appointed by the Surgeon-General, with the approval of the Secretary of War, with reference to their fitness for assignment, under the direction of the Surgeon-General, to the special service of conducting the examinations and supervising the operations of the others; and for such special service an extra com- pensation of sixty dollars a month will be allowed: Provided fur- ther, That dental college graduates now employed in the Hospital Corps who have been detailed for a period of not less than twelve months to render dental service to the Army and who are shown by the reports of their superior officers to have rendered such service satisfactorily may be appointed contract dental surgeons without ex- amination: Provided, That the Secretary of War be authorized to appoint in the Hospital Corps, in addition to the two hundred hos- pital stewards now allowed by law, one hundred hospital stewards: Provided, That men who have served as hospital stewards of vol- unteer regiments or acted in that capacity during and since the Span- ish-American war for more than six months may be appointed hospital stewards in the Regular Army: And provided further, That all men so appointed shall be of good moral character and shall have passed a satisfactory mental and physical examination. Act Feb. 2, 1901, c. 192, $ 18, 31 Stat. 752. The Medical Department and the hospital stewards of the Depart- ment were authorized by Rev. St. $ 1091, and the organization of the Department was prescribed by Rev. St. $ 1168; special provisions for surgeons or assistant surgeons in cavalry regiments were made by Rev. St. § 1102, and amendments thereof; and changes in the organiza- tion of the Department, and in the grades and number of medical officers, were made by Act June 23, 1874, c. 458, $$ 4, 7, 8, 18 Stat. 244, 245; Act Jan. 1, 1875, C. 12, 18 Stat. 294; Act June 26, 1876, c. 146, 19 Stat. 61; Act July 27, 1892, c. 270, post, under Rev. St. 8 1168; Act Aug. 6, 1894, c. 228, 28 Stat. 235; Act Aug. 18, 1894, c. 301, 28 Stat. 403; and Act May 12, 1898, c. 296, 30 Stat. 406; and the De- partment was continued, as then constituted, with a temporary increase of force for volunteer regiments, by Act March 2, 1899, c. 352, 88 7, 12, 30 Stat. 979. All these provisions are superseded by this section. Hospital stewards, attached to the Medical Department, were provided for by Rev. St. $S 1179-1181, and by Act June 23, 1874, c. 458, $ 4, 18 Stat. 244. These sections were superseded by the organization of the Hospital Corps, referred to in this section, by Act March 1, 1887, Sec. 1094) - Tit. 14—THE ARMY 795 - Ch. 1. c. 311, post, under Rev. St. § 1179. The number of hospital stewards was limited to 100 by Act March 16, 1896, c. 59; but an increase, not to exceed an additional 100, was authorized by Act May 26, 1900, c. 586, post, under Rev. St. $ 1180; these being the 200 referred to in the tenth proviso to this section as “now allowed by law." The employment of nurses in hospitals was authorized by Rev. St. $$ 1238, 1239. The Nurse Corps referred to in this section is provided for by section 19 of this act. Examination and approval by an army medical board were required for appointment as assistant surgeon, and also for appointment as sur- geon after five years' service as assistant surgeon, by Rev. St. § 1172 Examination for promotion of all officers of the Army under the rank of major is provided for by Act Oct. 1, 1890, c. 1241, post, under Rev. St. $ 1204; and assistant surgeons, before receiving the rank of captain of cavalry, are required to be examined under that act, by Act July 27, 1892, c. 270, § 2, post, under Rev. St. § 1168. Assistant surgeons, under Rev. St. $ 1168, had the rank of lieutenant of cavalry for the first three years of service, and the rank of captain of cavalry after three years of service; but under a provision of Act June 23, 1874, c. 458, § 4, post, under Rev. St. $ 1168, they have the rank, pay, etc., of lieutenant of cavalry for the first five years' service, and the rank, pay, etc., of captain of cavalry after five years' service, which is the period referred to in the second proviso to this section. The further proviso, the fourth annexed to this section, relating to the appointment of contract surgeons, is a re-enactment of a provision in the same words of Act May 12, 1898, c. 296, § 2, 30 Stat. 406. Nurse Corps. Sec. 19. That the Nurse Corps (female) shall consist of one Super- intendent, to be appointed by the Secretary of War, who shall be a graduate of a hospital training school having a course of instruction of not less than two years, whose term of office may be terminated at his discretion, whose compensation shall be one thousand eight hun- dred dollars per annum, and of as many chief nurses, nurses, and re- serve nurses as may be needed. Reserve nurses may be assigned to active duty when the emergency of the service demands, but shall re- ceive no compensation except when on such duty: Provided, That all nurses in the Nurse Corps shall be appointed or removed by the Surgeon-General, with the approval of the Secretary of War; that they shall be graduates of hospital training, schools, and shall have passed a satisfactory professional, moral, mental, and physical ex- amination: And provided, That the Superintendent and nurses shall receive transportation and necessary expenses when traveling under orders; that the pay and allowances of nurses, and of reserve nurses, when on active service, shall be forty dollars per month when on duty in the United States and fifty dollars per month when without the limits of the United States. They shall be entitled to quarters, subsistence, and medical attendance during illness, and they may be granted leaves of absence for thirty days, with pay, for each calendar year; and, when serving as chief nurses, their pay may be increased by authority of the Secretary of War, such increase not to exceed twenty-five dollars per month. Payments to the Nurse Corps shall be made by the Pay Department. Act Feb. 2, 1901, c. 192, $ 19, 31 Stat. 753. Previous provisions for employment of nurses in hospitals were con- tained in Rev. St. $8 1238, 1239. 796 (Sec. 1094 Tit. 14—THE ARMY —Ch. 1. Veterinarians. Sec. 20. That the grade of veterinarian of the second class in cav- alry regiments, United States Army, is hereby abolished, and here- after the two veterinarians authorized for each cavalry regiment and the one veterinarian authorized for each artillery regiment shall re- ceive the pay and allowances of second lieutenants, mounted. Such number of veterinarians as the Secretary of War may authorize shall be employed to attend animals pertaining to the quartermaster's or other departments not directly connected with the cavalry and ar- tillery regiments, at a compensation not exceeding one hundred dol- lars per month. Act Feb. 2, 1901, c. 192, § 20, 31 Stat. 753. One veterinary surgeon in each cavalry regiment was authorized by Rev. St. $ 1102. Two veterinarians of different grades were provided for each cavalry regiment by Act March 2, 1899, c. 352, § 2, 30 Stat. 977. These provisions are superseded by section 2 of this act, which includes two veterinarians in the composition of each of the fifteen regiments of cavalry authorized, and by this section. Forty-two veterinarians, twelve of whom may be assigned to the arfil- lery, are provided for by the army appropriation act for the year ending June 30, 1902, Act March 2, 1901, c. 803, 31 Stat. 901. Pay Department. Sec. 21. That the Pay Department shall consist of one Paymaster- General with the rank of brigadier-general, three assistant paymasters- general with the rank of colonel, four deputy paymasters-general with the rank of lieutenant-colonel, twenty paymasters with the rank of major, and twenty-five paymasters with the rank of captain, inount- ed: Provided, That all vacancies in the grade of colonel and lieu- tenant-colonel created or caused by this section shall be filled by pro- motion according to seniority, as now prescribed by law, and no more appointments to the grade of major and paymaster shall be made until the number of majors and paymasters is reduced below twenty: And provided, That persons who have served in the Volunteer Army since April twenty-first, eighteen hundred and ninety-eight, as additional paymasters may be appointed to positions in the grade of captain, created by this section. So long as there remain surplus majors an equal number of vacancies shall be held in the grade of captain, so that the total number of paymasters authorized by this section shall not be exceeded at any time. Act Feb. 2, 1901, c. 192, § 21, 31 Stat. 754. The Pay Department was authorized by Rev. St. § 1094, and its organization was prescribed by Rev. St. $$ 1182-1185; changes in the number of paymasters, in the rank of the Paymaster-General, and in the grades and number of other officers of the Department, were made by Act March 2, 1875, c. 118, 18 Stat. 338; Res. March 3, 1875, No. 7, 18 Stat. 524; Act July 22, 1876, c. 222, 19 Stat. 95; Act July 5, 1884, c. 217, 23 Stat. 107; Act Feb. 27, 1893, c. 168, 27 Stat. 479; and Act Feb. 12, 1895, c. 83, 28 Stat. 654; and the Department was con- tinued, as then constituted, with provisions for appointment of pay- masters, by Act March 2, 1899, c. 352, § 7, 30 Stat. 979. All these provisions are superseded by this section. Paymasters' clerks are authorized by Rev. St. $ 1190, and subsequent provisions set forth or referred to under that section. Appointments and promotions in the Department, other than to fill vacancies provided for by this section, are regulated by section 26 of Sec. 1094) 797 Tit. 14—THE ARMY --Ch. 1. this act. Appointments from officers of volunteers to fill original vacan- cies in the Department are authorized by a provision of Act March 2, 1901, c. 803, post, following this act. Composition of Corps of Engineers. Sec. 22. That the Corps of Engineers shall consist of one Chief of Engineers with the rank of brigadier-general, seven colonels, four- teen lieutenant-colonels, twenty-eight majors, forty captains, forty first lieutenants, and thirty second lieutenants. The enlisted force provided in section eleven of this Act and the officers serving there- with shall constitute a part of the line of the Army: Provided, That the Chief of Engineers shall be selected as now provided by law, and hereafter vacancies in the Corps of Engineers in all other grades above that of second lieutenant shall be filled, as far as possible, by promotion according to seniority from the Corps of Engineers: And provided also, That vacancies remaining in the grades of first and second lieutenant may be filled by transfer of officers of the Regular Army, subject to such professional examination as may be approved by the Secretary of War. Vacancies in the grade of second lieutenant not filled by transfer shall be left for future promotions from the corps of cadets at the United States Military Academy. Act Feb. 2, 1901, c. 192, $ 22, 31 Stat. 754. The Corps of Engineers was authorized by Rev. St. $ 1094, and its composition was prescribed by Rev. St. $ 1151, and by Act July 5, 1898, c. 568, 30 Stat. 652, and the composition of the battalion of en- gineers and of each company, by Rev. St. $$ 1154, 1155; and the corps, consisting of the officers and enlisted men as then constituted, was con- tinued by Act March 2, 1899, c. 352, § 7, 30 Stat. 979. These provisions relating to the composition of the corps are superseded by this section; those relating to the enlisted force are superseded by section 11 of this act. The Chief of Engineers is to be appointed by selection from the corps by Rev. St. $ 1193. Examination and approval by a board of engineers were required for promotion in the corps by Rev. St. $$ 1206, 1207. Examination for promotion of all officers of the Army below the rank of major is provided for by Act Oct. 1, 1890, c. 1241, post, under Rev. St. § 1204; and special provisions for examination of officers in the Corps of Engineers are contained in Act July 2, 1892, c. 269, 82, and Act July 5, 1898, c. 568, post, under Rev. St. $ 1204, as well as in this section. The appointment to the corps of any officer who was graduated at the head of his class at the Military Academy was provided for by Act March 2, 1899, c. 352, § 13, 30 Stat. 980; which provision may be regarded as superseded by the last sentence of this section. Ordnance Department. Sec. 23. That the Ordnance Department shall consist of one Chief of Ordnance with the rank of brigadier-general, four colonels, six lieutenant-colonels, twelve majors, twenty-four captains, and twenty- four first lieutenants, the ordnance storekeeper, and the enlisted men, including ordnance sergeants, as now authorized by law. All vacan- cies created or caused by this section shall, as far as possible, be filled by promotion according to seniority as now prescribed by law. Act Feb. 2, 1901, c. 192, § 23, 31 Stat. 754. The Ordnance Department was authorized by Rev. St. $ 1094, and its organization was prescribed by Rev. St. § 1159, and the composition of the enlisted force by Rev. St. § 1162; changes in the organization and in the grades and number of the officers thereof were made by 798 (Sec. 1094 Tit. 14—THE ARMYCh. 1. Act June 23, 1874, c. 485, § 5, 18 Stat. 245, and Act July 7, 1898, c. 582, 30 Stat. 720; and the Department, consisting of the officers and enlisted men as then constituted, was continued by Act March 2, 1899, c. 352, § 7, 30 Stat. 979. All these provisions, other than those relating to the enlisted men, are superseded by this section. The office of ordnance storekeeper, referred to in this section, was authorized by Act May 1, 1882, c. 111, post, under Rev. St. $ 1159, and has the rank of major by a provision of Act June 6, 1896, c. 338, post, under Rev. St. $ 1159; but the office is to cease, on the occurrence of a vacancy therein, by section 1 of this act. Examination and approval by a board of ordnance officers were re- quired for a commission as an ordnance officer by Rev. St. $ 1160, and for promotion by Rev. St. $$ 1207, 1208, and for appointment or promo- tion in the Department by Act June 23, 1874, c. 458, § 5, 18 Stat. 245. Examination for promotion of all officers of the army below the rank of major is provided for by Act Oct. 1, 1890, c. 1241, post, under Rev. St. $ 1204. Appointment and promotion in the Department other than to fill vacancies provided for by this section are regulated by section 26 of this act. Signal Corps. Sec. 24. That the Signal Corps shall consist of one Chief Signal Officer with the rank of brigadier-general, one colonel, one lieutenant- colonel, four majors, fourteen captains, fourteen first lieutenants, eighty first-class sergeants, one hundred and twenty sergeants, one hundred and fifty corporals, two hundred and fifty first-class privates, one hundred and fifty second-class privates, and ten cooks: Pro- vided, That vacancies created or caused by this section shall be filled by promotion of officers of the Signal Corps according to seniority, as now provided by law. Vacancies remaining after such promotions may be filled by appointment of persons who have served in the Vol- urteer Signal Corps since April twenty-first, eighteen hundred and ninety-eight: Provided, That the President is authorized to continue in service during the present emergency, for duty in the Philippine Islands, five volunteer signal officers with the rank of first lieutenant and five volunteer signal officers with the rank of second lieutenant. This authority shall extend only for the period when their services may be absolutely necessary. Act Feb. 2, 1901, c. 192, § 24, 31 Stat. 754. A Chief Signal Officer was authorized by Rev. St. $$ 1094, 1195, and the detail from the Corps of Engineers of officers and men for perform- ance of signal duty was provided for by Rev. St. $$ 1196, 1197; and subsequent provisions, relating to the rank and pay of the Chief Signal Officer, and the organization and work of the Signal Service, are con- tained in Act June 1, 1880, c. 235, 21 Stat. 267; Act Aug. 7, 1882, c. 433, 22 Stat. 318; Act March 3, 1885, c. 339, 23 Stat. 357; Act March 3, 1885, c. 360, 23 Stat. 505; and Act Aug. 30, 1890, c. 837, 26 Stat. 400. By provisions of Act Oct. 1, 1890, c. 1266, ante, under Title XII, “The Department of Agriculture," c. B, the civilian duties performed by the Signal Corps are transferred to the Weather Bureau in the Department of Agriculture, and the duties of the Chief Signal Officer and the operations of the corps are confined to strictly military matters by section 2 of that act, post, under Rev. St. $ 1195. The organization of the commissioned force and the enlisted force of the corps was pre- scribed by sections 6-8 of that act; changes in the grades and number of the commissioned force were made by Act Aug. 6, 1894, c. 228, 28 Stat. 234, Act March 2, 1897, c. 362, 29 Stat. 609, and Res. July 8, 1898, No. 57, 30 Stat. 752; and the corps, consisting of the officers and Sec. 1094) 799 Tit. 14—THE ARMY—Ch. 1. enlisted men, as then constituted, was continued by Act March 2, 1899, c. 352, § 7, 30 Stat. 979. All these provisions are superseded by this section. Appointments and promotions in the corps, other than to fill vacan- cies provided for by this section, are regulated by section 26 of this act. The volunteer signal officers, referred to in the last proviso annexed to this section, were authorized by a general resolution of a temporary nature, for the appointment of ten first lieutenants of volunteers in the Signal Corps, their commissions to expire June 30, 1901. Res. June 4, 1900, No. 31, 31 Stat. 719. Rank of officers of Record and Pension Office of War Department. Sec. 25. That the officers of the Record and Pension Office of the War Department shall be a chief of said office with the rank of briga- dier-general and an assistant chief of said office with the rank of major: Provided, That any person appointed to be Chief of the Rec- ord and Pension Office after the passage of this Act shall have the rank of colonel. Act Feb. 2, 1901, c. 192, § 25, 31 Stat. 754. The Record and Pension Office in the War Department was estab- lished, and the appointment of an officer of the Army to be the chief thereof was authorized, by Act May 9, 1892, c. 62, ante, under Rev. St. $ 215. An assistant chief was authorized until the occurrence of a vacancy in the office of chief, and the rank, pay, and allowances of both were prescribed by Act March 2, 1899, c. 352, § 8, 30 Stat. 979, and they were continued as part of the Army by section 1 of that act, and were excepted from its requirements relative to the reduction of the Army on July 1, 1901, by Act March 3, 1899, c. 423, § 1, 30 Stat. 1064. All these provisions are superseded by this section. Appointments, promotions, and vacancies in staff, and details thereto from line. Sec. 26. That so long as there remain any officers holding perma- nent appointments in the Adjutant-General's Department, the Inspec- tor-General's Department, the Quartermaster's Department, the Sub- sistence Department, the Pay Department; the Ordnance Department, and the Signal Corps, including those appointed to original vacancies in the grades of captain and first lieutenant under the provisions of sections sixteen, seventeen, twenty-one, and twenty-four of this Act, they shall be promoted according to seniority in the several grades, as now provided by law, and nothing herein contained shall be deem- ed to apply to vacancies which can be filled by such promotions or to the periods for which the officers so promoted shall hold their ap- pointments, and when any vacancy, except that of the chief of the department or corps, shall occur, which can not be filled by promo- tion as provided in this section, it shall be filled by detail from the line of the Army, and no more permanent appointments shall be made in those departments or corps after the original vacancies cre- ated by this Act shall have been filled. Such details shall be made from the grade in which the vacancies exist, under such system of examination as the President may from time to time prescribe. All officers so detailed shall serve for a period of four years, at the expiration of which time they shall return to duty with the line, and officers below the rank of lieutenant-colonel shall not again be eligi- ble for selection in any staff department until they shall have served two years with the line. 800 (Sec. 1094 Tit. 14—THE ARMY -Ch. 1. That when vacancies shall occur in the position of chief of any staff corps or department the President may appoint to such vacancies, by and with the advice and consent of the Senate, officers of the Army at large not below the rank of lieutenant-colonel, and who shall hold office for terms of four years. When a vacancy in the position of chief of any staff corps or department is filled by the appointment of an officer below the rank now provided by law for said office, said chief shall, while so serving, have the same rank, pay, and allowances now provided for the chief of such corps or department. And any officer now holding office in any corps or department who shall here- after serve as chief of a staff corps or department and shall subse- quently be retired, shall be retired with the rank, pay, and allowan- ces authorized by law for the retirement of such corps or depart- ment chief: Provided, That so long as there remain in service offi- cers of any staff corps or department holding permanent appoint- ments, the chief of such staff corps or department shall be selected from the officers so remaining therein. Act Feb. 2, 1901, c. 192, $ 26, 31 Stat. 755. Promotions in the staff were required to be made in the several de- partments and corps, respectively, by Rev. St. $ 1204. Appointments and promotions in several staff departments were suspended by Rev. St. $ 1194, but the restriction was repealed in part by several subsequent provisions, and wholly repealed by Act March 3, 1877, c. 100, 19 Stat. 270. Promotion to every grade below the rank of brigadier general, throughout each arm, corps, or department of the service, was required to be made according to the seniority in the next lower grade of that arm, corps, or department, subject to the examination provided for, by Act Oct. 1, 1890, c. 1241, post, under Rev. St. § 1204. These provisions, so far as they apply to promotions in the department and corps men- tioned in this section, are superseded by it, and, so far as they apply to promotions in other staff departments and corps, are superseded by sections 15, 18, and 22 of this act, relating to the Judge-Advocate- General's Department, the Medical Department, and the Corps of En- gineers, respectively. The chiefs of each of several staff departments and corps were re- quired to be appointed by selection from the corps to which they belong, by Rev. St. $ 1193. This provision is superseded by this section, as to the chiefs of all such departments except the chief of the Corps of Engineers, who is to be appointed, by section 22 of this act, "as now provided by law." Promotions to fill vacancies in the line, caused by details of officers to any department of the staff under this act, are provided for by section 27 of this act. Provisional promotion of an officer absent, by the exigencies of the service, from any place where an examining board could be convened, is provided for by section 32 of this act. Vacancies caused by details from line to staff. Sec. 27. That each position vacated by officers of the line, trans- ferred to any department of the staff for tours of service under this Act, shall be filled by promotion in the line until the total number detailed equals the number authorized for duty in each staff depart- ment. Thereafter vacancies caused by details from the line to the staff shall be filled by officers returning from tours of staff duty. If under the operation of this Act the number of officers returned to any particular arm of the service at any time exceeds the number author- Sec. 1094) - Tit. 14—THE ARMY —Ch801 . 1. ized by law in any grade, promotions to that grade shall cease until the number has been reduced to that authorized. Act Feb. 2, 1901, c. 192, $ 27, 31 Stat. 755. The transfer of officers from the line to the staff, and the promotion of officers so transferred, were regulated by Rev. St. $ 1205. These provisions are superseded by those of section 26 of this act and by this section. Vacancies in grades of field officers and captain; appointment of en- listed men as second lieutenants. Sec. 28. That vacancies in the grade of field officers and captain, created by this Act, in the cavalry, artillery, and infantry shall be filled by promotion according to seniority in each branch, respective- ly. Vacancies existing after the promotions have been made shall be provided for as follows: A sufficient number shall be reserved in the grade of second lieutenant for the next graduating class at the United States Military Academy. Persons not over forty years of age who shall have at any time served as volunteers subsequent to April twenty-first, eighteen hun- dred and ninety-eight, may be ordered before boards of officers for such examination as may be prescribed by the Secretary of War, and those who establish their fitness before these examining boards may be appointed to the grades of first or second lieutenant in the Reg- ular Army, taking rank in the respective grades according to senior- ity as determined by length of prior commissioned service; but no person appointed under the provisions of this section shall be placed above another in the same grade with longer commissioned serv- ice, and nothing herein contained shall change the relative rank of officers heretofore commissioned in the Regular Army. . Enlisted men of the Regular Army or volunteers may be appointed second lieutenants in the Regular Army to vacancies created by this Act, provided that they shall have served one year, under the same conditions now authorized by law for enlisted men of the Regular Army. Act Feb. 2, 1901, c. 192, § 28, 31 Stat. 755. Promotions in the line were required to be made through the whole Army, in its several lines of artillery, cavalry, and infantry, respectively, by Rev. St. & 1204. Promotion to every grade below the rank of briga- dier general, through each arm, is required to be made according to seniority in the next lower grade, subject to the examination provided for, by Act Oct. 1, 1890, c. 1241, post, under Rev. St. $ 1204. These provisions are modified, as to vacancies created by this act, by this section. Promotions to fill vacancies in the line, created or caused by increase of strength or change in organization, are contained in the various stat- utes making such increase or change, referred to in the notes under the preceding sections of this act; the last provision preceding this act being that of Act March 2, 1899, c. 352, § 5, 30 Stat. 978. Promotion of graduates of the Military Academy to the grade of sec- ond lieutenant is provided for by Act May 17, 1876, c. 338, post, under Rev. St. 1213. The appointment of enlisted men to the grade of second lieutenant, re- ferred to in this section, is provided for by Act July 30, 1892, c. 328, post, following Rev. St. & 1215. Provisional appointments of natives of the Philippine Islands to the LAWS '01-51 802 (Sec. 1094 Tit. 14—THE ARMY —Ch. 1. grades of second lieutenant and first lieutenant are authorized by sec. tion 36 of this act. Enlistment of trained men to fill vacancies in organizations serving out of United States. Sec. 29. That to fill vacancies occurring from time to time in the several organizations serving without the limits of the United States with trained men, the President is authorized to enlist recruits in numbers equal to four per centum in excess of the total strength au- thorized for such organizations. Act Feb. 2, 1901, c. 192, $ 29, 31 Stat. 756. Time for maintenance of enlisted force at maximum strength; dis- charge of soldier upon parent becoming dependent. Sec. 30. That the President is authorized to maintain the enlisted force of the several organizations of the Army at their maximum strength as fixed by this Act during the present exigencies of the service, or until such time as Congress may hereafter otherwise di- rect: Provided, That in the event of the enlistment of a soldier in the Army for the period required by law, and after the expiration of one year of service, should either of his parents die, leaving the other solely dependent upon the soldier for support, such soldier may, upon his own application, be honorably discharged from the service of the United States upon due proof being made of such condition to the Secretary of War. Act Feb. 2, 1901, c. 192, 8 30, 31 Stat. 756. The number of enlisted men in the Army was limited by Rev. St. § 1115, and subsequent provisions referred to in the note under that section. All these provisions are superseded by this section, and by sec- tion 35 of this act, which limits the total enlisted force to 100,000. Enlistments, in excess of the total strength authorized, of trained men for organizations serving out of the United States, are provided for by section 29 of this act. Detail of enlisted men for recruiting. Sec. 31. That the Secretary of War is authorized to detach from the Army at large such number of enlisted men as may be necessary to perform duty at the various recruiting stations, and while perform- ing such duty one member of each party shall have the rank, pay, and allowances of sergeant, and one the rank, pay, and allowances of corporal of the arm of the service to which they respectively belong. Act Feb. 2, 1901, c. 192, § 31, 31 Stat. 756. Provisional promotion of officer pending examination. Sec. 32. That when the exigencies of the service of any officer who would be entitled to promotion upon examination require him to remain absent from any place where an examining board could be convened, the President is hereby authorized to promote such officer, subject to examination, and the examination shall take place as soon thereafter as practicable. If upon examination the officer be found disqualified for promotion, he shall, upon the approval of the pro- ceedings by the Secretary of War, be treated in the same manner as if he had been examined prior to promotion. Act Feb. 2, 1901, c. 192, & 32, 31 Stat. 756. Sec. 1094) 803 Tit. 14—THE ARMY —Ch. 1. Sec. 33. [Temporary.] This section provided for the selection, from the brigadier generals of volunteers, of two officers to be appointed brigadier general, United States Army, for the purpose of placing them on the retired list, and for the selection from the retired list of the Army of an officer not above the rank of brigadier general, to be major general, United States Army, on the retired list. Privileges on account of service during or since war with Spain. Sec. 34. That all officers who have served during the war with Spain, or since, as officers of the Regular or Volunteer Army of the United States, and have been honorably discharged from the serv- ice by resignation or otherwise, shall be entitled to bear the official title and, upon occasions of ceremony, to wear the uniform of the highest grade they have held by brevet or other commission in the regular or volunteer service. Act Feb. 2, 1901, c. 192, & 34, 31 Stat. 757. Similar provisions relating to officers who served during the Rebellion as volunteers are contained in Rev. St. & 1226. Sec. 35. [Temporary.] This section provided for preliminary examinations and surveys for selection of four sites for camps for instruction of troops of the Regular Army and National Guard, and for a report by the Secretary of War to Congress of the result thereof. Enlistment of natives of Philippine Islands; organization as scouts or as troops or companies; officers. Sec. 36. That when in his opinion the conditions in the Philippine Islands justify such action the President is authorized to enlist na- tives of those islands for service in the Army, to be organized as scouts, with such officers as he shall deem necessary for their proper control, or as troops or companies, as authorized by this Act, for the Regular Army. The President is further authorized, in his discre- tion, to form companies, organized as are companies of the Regular Army, in squadrons or battalions, with officers and noncommissioned officers corresponding to similar organizations in the cavalry and in- fantry arms. "The total number of enlisted men in said native or- . ganizations shall not exceed twelve thousand, and the total enlisted force of the line of the Army, together with such native force, shall not exceed at any one time one hundred thousand. The majors to command the squadrons and battalions shall be se- lected by the President from captains of the line of the Regular Army, and while so serving they shall have the rank, pay, and allow- ances of the grade of inajor. The captains of the troops or com- panies shall be selected by the President from first lieutenants of the line of the Regular Army, and while so serving they shall have the rank, pay, and allowances of captain of the arm to which assigned. The squadron and battalion staff officers, and first and second lieuten- ants of companies, may be selected from the noncommissioned offi- cers or enlisted men of the Regular Army of not less than two years' service, or from officers or noncommissioned officers or enlisted men serving, or who have served, in the volunteers subsequent to April twenty-first, eighteen hundred and ninety-eight, and officers of those S04 (Sec. 1094 Tit. 14—THE ARMY -Ch. 1. grades shall be given provisional appointments for periods of four years each, and no such appointments shall be continued for a sec- ond or subsequent term unless the officer's conduct shall have been satisfactory in every respect. The pay and allowances of provisional officers of native organizations shall be those authorized for officers of like grades in the Regular Army. The pay, rations, and clothing allowances to be authorized for the enlisted men shall be fixed by the Secretary of War, and shall not exceed those authorized for the Reg- ular Army. When, in the opinion of the President, natives of the Philippine Islands shall, by their services and character, show fitness for com- mand, the President is authorized to make provisional appointments to the grades of second and first lieutenants from such natives, who, when so appointed, shall have the pay and allowances to be fixed by the Secretary of War, not exceeding those of corresponding grades of the Regular Army. Act Feb. 2, 1901, c. 192, $ 36, 31 Stat. 757. Provisions for temporary enlistment of volunteers, officers, and men in the Philippine Islands were contained in Act March 2, 1899, c. 352, $ 15, 30 Stat. 981. P1091sional regiment for service in Porto Rico. Sec. 37 That the President is authorized to organize and maintain one provisional regiment of not exceeding three battalions of in- fantry, for service in Porto Rico, the enlisted strength thereof to be composed of natives of that island as far as practicable. The regi- ment shall be organized as to numbers as authorized for infantry reg- iments of the Regular Army. The pay, rations, and clothing allow- ances to be authorized for the enlisted men shall be fixed by the Sec- retary of War, and shall not exceed those authorized for the Regu- lar Army. The field officers shall be selected from officers of the next lower grades in the Regular Army and shall, while so serving in the higher grade, have the rank, pay, and allowances thereof. The company and regimental and battalion staff officers shall be appointed by the President. The President may, in his discretion, continue with their own consent the volunteer officers and enlisted men of the Porto Rico regiment, whose terms of service expire by law July first, nineteen hundred and one. Enlistments for the Porto Rico regiment shall be made for periods of three years, un- less sooner discharged. The regiment shall be continued in serv- ice until further directed by Congress. Act Feb. 2, 1901, c. 192, $ 37, 31 Stat. 758. Sale of intoxicants in post exchanges or canteens, etc. Sec. 38. The sale of or dealing in, beer, wine or any intoxicating liquors by any person in any post exchange or canteen or army trans- port or upon any premises used for military purposes by the United States, is hereby prohibited. The Secretary of War is hereby direct- ed to carry the provisions of this section into full force and effect. Act Feb. 2, 1901, c. 192, § 38, 31 Stat. 758. The sale or supply to enlisted men of alcholic liquors, beer, or wine, in any canteen, etc., at any garrison or military post, in any State or Sec. 1094) 805 Tit. 14—THE ARMY - Ch. 1. Territory in which the sale of such liquors, etc., is prohibited by law, was forbidden by a proviso of Act June 13, 1890, c. 423, 26 Stat. 154; and provisions similar to those of this section, but less comprehensive, were contained in Act March 2, 1899, c. 352, $ 17, 30 Stat. 981. These provisions may be regarded as superseded by this section. Commissions of officers not affected. Sec. 39. That nothing in this Act shall be held or construed so as to discharge any officer from the Regular Army or to deprive him of the commission which he now holds therein. Act Feb. 2, 1901, c. 192, $ 39, 31 Stat. 758. The ration; President may prescribe component articles, etc. Sec. 40. That the President be, and he is hereby, authorized to pre- scribe the kinds and quantities of the component articles of the army ration, and to direct the issue of substitutive equivalent articles in place of any such components whenever, in his opinion, economy and a due regard to the health and comfort of the troops may so require. Act Feb. 2, 1901, c. 192, $ 40, 31 Stat. 758. The components of the Army ration were prescribed, and authority was given to the President to make alterations therein required by a due regard to the health and comfort of the Army and economy, by Rev. St. $ 1146. An addition of vegetables was provided for by Act June 16, 1890, c. 426, § 5, 26 Stat. 157. These provisions are superseded by this section. 66 Badges of military societies. Sec. 41. That the distinctive badges adopted by military societies of men who served in the armies and navies of the United States during the Spanish-American war and the incident insurrection in the Philippines” may be worn upon all occasions of ceremony by officers and men of the Army and Navy of the United States who are mem- bers of said organizations in their own right. Act Feb. 2, 1901, c. 192, § 41, 31 Stat. 758. Similar provisions relating to the wearing, by persons who served in the Regular Army, volunteer, or militia forces of the United States during the rebellion, of the badges of the Army corps and division in which they served, are contained in Rev. St. 8 1227. Repeal. Sec. 42. That all laws and parts of laws inconsistent with the pro- visions of this Act be, and the same are hereby, repealed. Act Feb. 2, 1901, c. 192, § 42, 31 Stat. 758. ACT MARCH 2, 1901, c. 803. Officers in Inspector-General's Department; appointment to staff from officers of volunteers; limit of age of chaplains. * * That upon the occurrence of a vacancy in the grade of colonel in the Inspector General's Department after the present lieu- tenant-colonels therein shall have been promoted or retired, such va- cancy shall not be filled, and thereafter the number of officers au- thorized for that department shall be as follows: One inspector- general with the rank of brigadier general; three inspectors-general with the rank of colonel; four inspectors-general with the rank of 806 (Secs. 1094-1096 Tit. 14—THE ARMY - Ch. 1. lieutenant colonel, and nine inspectors-general with the rank of ma- jor. That appointments to fill original vacancies in the lowest grade in the Adjutant-General's Department, the Inspector-General's Department, and Judge Advocate-General's Department, and in the grade of captain in the Quartermaster's Department, Subsistence De- partment, and Pay Department may be made from officers of volun- teers commissioned since April twenty-first, eighteen hundred and ninety-eight, and the age limit prescribed as to chaplains shall not apply to persons who served as chaplains of volunteers after said date who were under forty-two years of age when originally appoint- ed. Act March 2, 1901, c. 803, 31 Stat. 899, 900. These provisos of the Army appropriation act for the year ending June 30, 1902, cited above, are annexed to appropriations therein for pay of the general staff. They modify the provisions of Act Feb. 2, 1901, c. 192, set forth above, contained in section 14, prescribing the organization of the Inspector-General's Department sections 13-17, 21, relating to appointments to fill original vacancies in the staff departments mentioned, and section 12, fixing the limit of age for appointment of chaplains. Secs. 1095, 1096. [Superseded. Act June 1, 1888, c. 338.] These sections related to the General of the Army, section 1095 pre- scribing his title, and section 1096 the selection and rank of the aids constituting his staff. A General and Lieutenant-General were included in the composition of the Army by Rev. St. § 1094, with a proviso that when a vacancy should occur in the office of either such office should cease. After the occurrence of a vacancy in the office of General by the retirement of General William T. Sherman, the grade of Lieutenant- General was discontinued and merged in that of General, that grade to continue during the lifetime of the then Lieutenant-General, and the appointment of a General was authorized by Act June 1, 1888, c. 338, 25 Stat. 165. Under this act Lieutenant-General Phillip H. Sheridan was appointed General. By his death, on August 5, 1888, the grade of General ceased. No provisions relating thereto are contained in the subsequent statutes, and these sections, therefore, have become inop, erative. RES. FEB. 5, 1895, NO. 9. Joint Resolution to Revive the Grade of Lieutenant-General in the United States Army. (28 Stat. 968.) Lieutenant-General; grade revived. Resolved, &c., That the grade of lieutenant-general be, and the - same is hereby, revived in the Army of the United States, in order that when, in the opinion of the President and Senate, it shall be deemed proper to acknowledge distinguished services of a major- general of the Army, the grade of lieutenant-general may be spe- cially conferred: Provided, however, That when the said grade of lieutenant-general shall have once been filled and become vacant, this joint resolution shall thereafter expire and be of no effect. Res. Feb. 5, 1896, No. 9, § 1, 28 Stat. 968. The grade of Lieutenant-General, as it existed under Rev. St. $ 1094, having been merged in that of General, as stated in note under Rev. Secs. 1096-1099) 807 Tit. 14—THE ARMY --Ch. 1. St. $8 1095, 1096, is revived by this resolution; and a Lieutenant- General is included in the composition of the Army by Act Feb. 2, 1901, c. 192, § 1, ante, following Rev. St. $ 1094. The act immediately pre- ceding that last mentioned, relating to the organization of the Army, did not include a Lieutenant-General therein; and Act June 6, 1900, c. 792, § 2, 31 Stat. 655, gave to the senior Major-General of the line commanding the Army the rank, pay, and allowances of a Lieutenant- General, and to his personal staff the rank, pay, and allowances au- thorized for the staff of a Lieutenant-General; but these provisions may be regarded as superseded by those of Act Feb. 2, 1901, c. 192, men- tioned above. Lieutenant-General; pay and allowances. Sec. 2. That the pay and allowances of the lieutenant-general be the same as heretofore allowed for that grade. Res. Feb. 5, 1895, No. 9, § 2, 28 Stat. 968. Sec. 1097. [As amended 1877.] Lieutenant-General's aids and secretary. The Lieutenant-General may select from the Army two aids and one military secretary, who shall have the rank of lieutenant-colonel of cavalry while serving on his staff. Act July 25, 1866, c. 232, § 2, 14 Stat. 223. Act July 28, 1866, c. 299, § 9, 14 Stat. 333. Act Feb. 27, 1877, c. 69, 19 Stat. 241. The amendment of this section by Act Feb. 27, 1877, c. 69, cited above, consists in the insertion after the word "who" of the word "shall. The grade of Lieutenant-General, as it existed under Rev. St. $ 1094, having been merged in that of General, as stated in the note under Rev. St. $$ 1095, 1096, but revived by Res. Feb. 5, 1895, No. 9, set forth above, and included in the composition of the Army by Act Feb. 2, 1901, c. 192, § 1, ante, following Rev. St. $ 1094, the provisions of this section may be regarded as applicable to the office under those provisions. Sec. 1098. Aids of major and brigadier generals. Each major-general shall have three aids, who may be selected by him from captains or lieutenants of the Army, and each brigadier- general shall have two aids, who may be selected by him from lieu- tenants of the Army. Act July 29, 1861, c. 24, $ 3, 12 Stat. 280. Act July 28, 1866, c. 299, $ 9, 14 Stat. 333. Three major-generals and six brigadier-generals were authorized by Rev. St. § 1094, and subsequent acts, down to and including Act March 2, 1899, c. 352, § 1, 30 Stat. 977. The numbers are increased to six major-generals and fifteen brigadier-generals by Act Feb. 2, 1901, c. 192, § 1, ante, following Rev. St. § 1094. Sec. 1099. [Superseded. Act Feb. 2, 1901, C. 192, $$ 3-9.] This section prescribed the composition of a regiment of artillery, and changes therein were made by Act March 8, 1898, c. 53, § 2, 30 Stat. 261, Act April 26, 1898, c. 191, § 3, 30 Stat. 365, and Act March 2, 1899, c. 352, § 3, 30 Stat. 978, all which provided for additional regi- ments and increase of strength. All these provisions are superseded by those of Act Feb. 2, 1901, c. 192, $$ 3-9, ante, following Rev. St. § 1094, which discontinue the regimental organization of the artillery 808 (Secs. 1099–1103 Tit. 14—THE ARMY — Ch. 1. arm and constitute it the Artillery Corps, comprising two branches, coast artillery and field artillery, each organized into batteries. The com- position of the batteries is prescribed by Act March 2, 1899, c. 352, $ 3, set forth below. ACT MARCH 2, 1899, c. 352, $ 3. Artillery; band; battery. Each artillery band shall consist of one chief musician, one chief trumpeter, one principal musician, one drum major, who shall have the rank, pay, and allowances of a first sergeant; four ser- geants, eight corporals, one cook, and eleven privates. Each bat- tery of heavy artillery shall consist of one captain, one first lieuten- ant, one second lieutenant, one first sergeant, one quartermaster- sergeant, who shall have the pay and allowances of a sergeant; eight sergeants, twelve corporals, two musicians, two mechanics, who shall have the pay and allowances of sergeants of artillery; two cooks, and fifty-two privates. Each battery of field artillery shall consist of one captain, two first lieutenants, one second lieutenant, one first ser- geant, one stable sergeant, one quartermaster-sergeant, six sergeants, twelve corporals, four artificers, two musicians, two cooks, and fifty- one privates. In addition to the enlisted men specified there shall be one electrician sergeant to each post garrisoned by coast artillery having electrical appliances, who shall have the pay and allowances of an ordnance sergeant. Act March 2, 1899, c. 352, $ 3, 30 Stat. 978. The part of this section omitted here prescribed the composition of a regiment of artillery, and is superseded by the discontinuance of the regimental organization under Act Feb. 2, 1901, c. 192, $ 3, ante, fol- lowing Rev. St. $ 1094. But ten bands, “organized as now authorized by law for artillery regiments,” are provided for by section 6 of that act; section 7 thereof provides “that each company of coast artillery shall be organized as is now prescribed by law for a battery of artillery”; and section 8, “that each battery of field artillery shall be organized as is now prescribed by law,” with further provisions relating to the strength of batteries. Secs. 1100, 1101. [Superseded. Act March 2, 1899, C. 352, § 3.] These sections prescribed the composition and equipment of a battery of artillery; and changes therein were made by Act March 8, 1898, c. 53, & 2, 30 Stat. 261, and Act April 26, c. 191, $ 3, 30 Stat. 365. These provisions were superseded by those of Act March 2, 1899, c. 352, § 3, 30 Stat. 978, which prescribed the composition and organiza- tion of each regiment, of each band, and of the batteries as batteries of heavy artillery and field artillery. The regimental organization is discontinued by Act Feb. 2, 1901, c. 192, § 3, ante, following Rev. St. § 1094; but sections 6, 7, and 8 of that act continue the organization of the bands and of the batteries in a provision relating thereto of Act March 2, 1899, c. 352, § 3, ante, under Rev. St. § 1099. Secs. 1102, 1103. [Superseded. Act Feb. 2, 1901, C. 192, § 2.] These sections prescribed the composition of a regiment and a troop of cavalry, and changes therein were made by Act July 24, 1876, C. Secs. 1103-1107) 809 Tit. 14—THE ARMY --Ch. 1. 226, 19 Stat. 98, Act Nov. 21, 1877, c. 1, 20 Stat. 1, and Act April 26, 1898, c. 191, § 3, 30 Stat. 365, all which provided for increase of strength, and by Act March 2, 1899, c. 352, 82, 30 Stat. 977. All these provisions are superseded by those of Act Feb. 2, 1901, c. 192, § 2, ante, following Rev. St. § 1094, except that relating to the composition of cavalry bands, contained in Act March 2, 1899, c. 352, § 2, set forth below, ACT MARCH 2, 1899, c. 352, § 2. Cavalry; band. Each cavalry band shall consist of one chief musician; one chief trumpeter; one principal musician; one drum major, who shall have the rank, pay, and allowances of a first sergeant; four sergeants; eight corporals; one cook, and eleven privates. * Act March 2, 1899, c. 352, & 2, 30 Stat. 977. The parts of this section omitted here prescribed the composition of a regiment and of a troop of cavalry, and are superseded by Act Feb. 2, 1901, c. 192, § 2, ante, following Rev. St. § 1094. But that section includes in each regiment of cavalry one band, and provides that "each cavalry band shall be organized as now provided by law." * Sec. 1104. Colored cavalry regiments. The enlisted men of two regiments of cavalry shall be colored men. Act July 28, 1866, c. 299, § 3, 14 Stat. 332. Sec. 1105. Dismounted. Any portion of the cavalry force may be armed and drilled as in- fantry or dismounted cavalry, at the discretion of the President. Act July 28, 1866, c. 299, § 3, 14 Stat. 332. Secs. 1106, 1107. [Superseded. Act Feb. 2, 1901, C. 192, § 10.] These sections prescribed the composition of a regiment and a company of infantry. Changes therein were made by Act April 26, 1898, c. 19, SS 1, 3, 30 Stat. 364, 365, and Act March 2, 1899, c. 352, § 4, 30 Stat. 978. All these provisions are superseded by those of Act Feb. 2, 1901, c. 192, $ 10, ante, following Rev. St. $ 1094, except that relating to the composition of infantry bands, contained in Act March 2, 1899, c. 352, 8 4. set forth below. ACT MARCH 2, 1899, c. 352, § 4. Infantry; band. * * Each infantry band shall consist of one chief musician, one principal musician, one drum major, who shall have the rank, pay, and allowances of a first sergeant, four sergeants, eight corporals, one cook, and twelve privates. Act March 2, 1899, c. 352, 8 4, 30 Stat. 978. The parts of this section omitted here prescribed the composition of a regiment and a company of infantry, and are superseded by Act Feb. 2, 1901, c. 192, $ 10, ante, following Rev. St. § 1094. But that section * 810 (Secs. 1108-1111 Tit. 14—THE ARMY —Ch. 1. includes in each regiment one band, and provides that "each infantry band shall be organized as now provided by law.” Sec. 1108. Colored infantry regiments. The enlisted men of two regiments of infantry shall be colored men. Act July 28, 1866, c. 299, § 4, 14 Stat. 332. Act March 3, 1869, c. 124, § 2, 15 Stat. 318. Sec. 1109. Post ordnance-sergeants; number and duty. There shall be an ordnance-sergeant for each military post, whose duty it shall be to take care of the ordnance, arms, ammunition, and other military stores at such post, under the direction of the com- manding officer, and according to regulations prescribed by the Sec- retary of War. Act July 28, 1866, c. 299, § 7, 14 Stat. 333. Act April 5, 1832, c. 67, $ 2, 4 Stat. 504. Sec. 1110. [As amended 1877.] How selected. Ordnance-sergeants shall be selected by the Secretary of War from the sergeants of the line who shall have served faithfully for eight years, including four years in the grade of non-commissioned cfficer, and shall be assigned to their stations by him. Act April 5, 1832, c. 67, § 2, 4 Stat. 504. Act Feb. 27, 1877, c. 69, 19 Stat. 242. The amendment of this section by Act Feb. 27, 1877, c. 69, cited above, consists in striking out the word “Post” before the words "ordnance- sergeants.' Sec. 1111. [As amended 1901.] Band; [Military Academy.] The Military Academy Band shall hereafter consist of one teacher of music, who shall be the leader of the band, and of forty enlisted niusicians. The teacher of music shall receive the pay, of a second lieutenant, not mounted; and of the enlisted musicians of the band, twelve shall each receive thirty-four dollars per month, twelve shall each receive twenty-five dollars per month, and the remaining six- teen shall each receive seventeen dollars per month, and each of the aforesaid enlisted men shall also be entitled to the clothing, fuel, rations, and other allowances of musicians of cavalry; and the said teacher of music and the enlisted musicians of the band shall be entitled to the same benefits in respect to pay, emoluments, and re- tirement arising from longevity, reenlistment, and length of service as are, or may hereafter become, applicable to other enlisted men of the Army. Act July 29, 1861, c. 24, § 2, 12 Stat. 280. Act June 30, 1864, c. 145, § 1, 13 Stat. 144. Res. July 2, 1864, No. 68, 13 Stat. 416. Act Secs. 1111-1112) 811 Tit. 14THE ARMY-Ch. 1. July 28, 1866, c. 299, 87, 14 Stat. 333. Act March 3, 1869, c. 124, $ 5, 15 Stat. 318. Act March 3, 1875, c. 131, $$ 9, 10, 18 Stat. 419. Act March 3, 1877, c. 109, $82, 3, 19 Stat. 383. Act March 2, 1901, c. 804, 31 Stat. 912. This section, as originally enacted in the Revised Statutes, provided for a band, to consist of one band leader and not more than 24 musicians, ordinarily to be stationed at the Military Academy. The pay of the leader was provided for by Rev. St. 1278, and of the musicians by Rev. St. § 1280. Subsequent provisions for a teacher of music, to be leader of the band, and for his pay, and the pay of the musicians, were made by Act March 3, 1875, c. 131, 88 9, 10, 18 Stat. 419, and Act March 3, 1877, c. 109, $$ 2, 3, 19 Stat. 383. All these provisions are superseded by the amendment of this section to read as set forth here, and the repeal of other provisions mentioned, by Act March 2, 1901, c. 804, cited above. The "band at the United States Military Academy” is included in the composition of the Army by Act Feb. 2, 1901, c. 192, § 1, ante, following Rev. St. & 1094. And bands for the cavalry, artil- lery, infantry, and engineers, as previously provided for, are included in sections 2, 6, 10, and 11 of the same act. Sec. 1112. Indian scouts. The President is authorized to enlist a force of Indians, not ex- ceeding one thousand, who shall act as scouts in the Territories and Indian country. They shall be discharged when the necessity for their service shall cease, or at the discretion of the department commander. Act July 28, 1866, c. 299, § 6, 14 Stat. 333. A force of Indian scouts, not exceeding 1,000, was authorized by Rev. St. $ 1094, as well as by this section. The Army appropriation act of July 24, 1876, c. 226, 19 Stat. 97, provided payment for only 300 Indian scouts. But the implied limitation was repealed, and the provisions of Rev. St. $$ 1094, 1112, authorizing the employment of 1,000 Indian scouts, were continued in force, and other provisions relating to such scouts were made, by Act Aug. 12, 1876, c. 263, set forth below. “Indian scouts as now authorized by law” are included in the composi- tion of the Army by Act Feb. 2, 1901, c. 192, § 1, ante, following Rev. St. $ 1094, and the enlistment of natives of the Philippine Islands, to be organized as scouts, is authorized by section 36 of that act. ACT AUG. 12, 1876, c. 263. An Act Concerning the Employment of Indian Scouts. (19 Stat. . 131.) Indian scouts; employment continued. Be it enacted, &c., That so much of the Army appropriation act of twenty-fourth July, eighteen hundred and seventy-six, as limits the number of Indian scouts to three hundred is hereby repealed; and sections ten hundred and ninety-four and eleven hundred and twelve of the Revised Statutes, authorizing the employment of one thousand Indian scouts, are hereby continued in force: Provided, That a pro- portionate number of non-commissioned officers may be appointed. And the scouts, when they furnish their own horses and horse- equipments, shall be entitled to receive forty cents per day for their use and risk so long as thus employed. Act Aug. 12, 1876, c. 263, 19 Stat. 131. See note under Rev. St. 1112. 812 (Secs. 1113-1114 Tit. 14--THE ARMY-Ch. 1. Sec. 1113. Trading establishments. The Secretary of War is authorized to permit one or more trading establishments to be maintained at any military post on the frontier not in the vicinity of any city or town, when he believes such an establishment is needed for the accommodation of emigrants, freight- ers, or other citizens. The persons to maintain such establishments shall be appointed by him, and shall be under protection and control as camp-followers. Act July 15, 1870, c. 294, § 22, 16 Stat. 319. A trader for every military post was authorized by Act July 24, 1876, c. 226, § 3, set forth below. But by Act Jan. 28, 1893, c. 51, also set forth below, vacancies in the position are not to be filled. ACT JULY 24, 1876, c. 226, $ 3. , Post traders at military posts. That every military post may have one trader, to be appointed by the Secretary of War, on the recommendation of the council of ad- ministration, approved by the commanding officer who shall be sub- ject in all respects to the rules and regulations for the government of the Army. Act July 24, 1876, c. 226, & 3, 19 Stat. 100. ACT JAN. 28, 1893, c. 51. An Act Relating to Post Traderships. (27 Stat. 426.) Vacancies in position of post trader not to be filled. Be it enacted, &c., That where a vacancy now exists or hereafter occurs in the position of post trader at any military post it shall not be filled, and the authority to make such appointment is hereby ter- minated: Provided, That in the event of the death of a post trader his personal representative shall be allowed by the Secretary of War a reasonable time in which to close the business. Act Jan. 28, 1893, c. 51, 27 Stat. 426. Sec. 1114. Brigades and divisions. In the ordinary arrangement of the Army two regiments of in- fantry or of cavalry shall constitute a brigade, and shall be the com- mand of a brigadier-general, and two brigades shall constitute a division, and shall be the command of a major-general; but it shall be in the discretion of the commanding general to vary this disposition whenever he may deem it proper to do so. Act March 3, 1799, c. 48, § 8, 1 Stat. 752. The organization, in time of war, or when war is imminent, of the troops in the service of the United States, whether belonging to the regular or volunteer army or to the militia, into brigades, divisions, and army corps, is provided for by Act April 22, 1899, c. 187, § 9, at end of this chapter. • Secs. 1115-1117) 813 Tit. 14—THE ARMY_Ch. 1. Sec. 1115. [Superseded. Act Feb. 2, 1901, C. 192, § 36.] $ This section limited the number of enlisted men in the Army to 30,000, But the Army appropriation acts for the year ending June 30, 1875, Act June 16, 1874, c. 285, 18 Stat. 72, and for several subsequent years, contained provisions that no money appropriated thereby should be paid for recruiting the Army beyond 25,000 enlisted men; Act June 23, 1879, c. 35, 21 Stat. 30, further provided that there should be no more than 25,000 enlisted men in the Army at any one time, unless other- wise authorized by law; and this provision was repeated in subsequent Army appropriation acts. An increase of the enlisted men for the artillery arm was authorized by Act March 8, 1898, c. 53, 30 Stat. 261. An increase of the enlisted strength in time of war was authorized by Act April 26, 1898, c. 191, 30 Stat. 364, and a further temporary in- crease, to not exceeding 65,000 enlisted men, by Act March 2, 1899, c. 352, § 12, 30 Stat. 979. All these provisions are superseded by that con. tained in Act Feb. 2, 1901, c. 192, § 36, ante, following Rev. St. § 1094, that the total enlisted force of the line of the Army shall not exceed at any one time 100,000. The enlistment of a corps of men as "general-service clerks" and "gen- eral-service messengers," not to be computed as part of the number to which the Army was limited, was authorized by Act July 29, 1886, c. 810, 24 Stat. 167; but that act is repealed by Act Aug. 6, 1894, c. 228, 28 Stat. 236. Sec. 1116. General qualifications" (of enlisted men]. Recruits enlisting in the Army must be effective and able-bodied men, and between the ages of sixteen and thirty-five years, at the time of their enlistment. This limitation as to age shall not apply to soldiers re-enlisting. Act March 16, 1802, c. 9, § 11, 2 Stat. 134. Act March 3, 1815, c. 79, § 7, 3 Stat. 224. Act July 5, 1838, c. 162, § 30, 5 Stat. 260. Act Feb. 13, 1862, c. 25. $ 2, 12 Stat. 339. Res. June 21, 1862, No. 37, 12 Stat. 620. Act July 17, 1862, c. 200, § 21, 12 Stat. 597. Provisions that in time of peace no recruit should be enlisted for the first time who was over 30 years of age, and that no private should be re-enlisted who had served 10 years or more, or who was over 35 years of age, except such as should have already served as enlisted men for 20 years and upward, were contained in the Army appropriation act for the year ending June 30, 1894, Act Feb. 27, 1893, c. 168, 27 Stat. 486. The provision relating to first enlistment is superseded, and the provision relating to re-enlistment is expressly repealed, and other requirements for enlistment and re-enlistment are prescribed, by Act Aug. 1, 1894, c. 179, post, under Rev. St. § 1118. The limits of age for original enlistments are 18 and 35 years, under a provision of Act March 2, 1899, c. 352, § 4, post, under Rev. St. § 1118. Sec. 1117. Enlistment of minors. No person under the age of twenty-one years shall be enlisted or mustered into the military service of the United States without the written consent of his parents or guardians: Provided, That such minor has such parents or guardians entitled to his custody and con- trol. Act May 15, 1872, c. 162, § 1, 17 Stat. 117, 814 (Sec. 1118 Tit. 14—THE ARMY—Ch. 1. Sec. 1118. [As amended 1877.] Persons not to be enlisted. No minor under the age of sixteen years, no insane or intoxicated person, no deserter from the military service of the United States, and no person who has been convicted of a felony shall be enlisted or mustered into the military service. Act March 2, 1833, c. 68, § 6, 4 Stat. 647. Act July 4, 1864, C. 237, § 5, 13 Stat. 380. Act March 3, 1865, c. 79, § 18, 13 Stat. 490. Act Feb. 27, 1877, c. 69, 19 Stat. 242. The amendment of this section by Act Feb. 27, 1877, c. 69, cited above, consists in the insertion, after the words "no person who has been convicted of," of the words "a felony," instead of the words "any crimi- nal offense,” contained in the section as originally enacted. Other requirements for enlistment and re-enlistment are prescribed by Act Aug. 1, 1894, c. 179, and Act March 2, 1899, c. 352, § 4, set forth below. Officers making unlawful enlistments are punishable under the Articles of War, Rev. St. § 1342, art. 3. ACT AUG. 1, 1894, c. 179. An Act to Regulate Enlistments in the Army of the United States. (28 Stat. 215.) Repeal. Be it enacted, &c., That so much of the Act of Congress entitled “An Act making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and ninety-four, and for other purposes," approved February twenty-seventh, eighteen hundred and ninety-three, as provides that "no private shall be re- enlisted who has served ten years or more or who is over thirty-five years of age, except such as have already served as enlisted men for twenty years or upwards,” be, and the same is hereby, repealed. Act Aug. 1, 1894, c. 179, § 1, 28 Stat. 215. Soldiers who had been prevented from re-enlisting by the provision repealed by this section are permitted to re-enlist by the proviso an- nexed to section 2 of this act. Term of enlistment; qualifications for enlistment and re-enlistment. Sec. 2. That hereafter all enlistments in the Army shall be for the term of three years, and no soldier shall be again enlisted in the Army whose service during his last preceding term of enlistment has not been honest and faithful; and in time of peace no person (except an Indian) who is not a citizen of the United States, or who has not made legal declaration of his intention to become a citizen of the United States, or who can not speak, read, and write the English language, or who is over thirty years of age, shall be enlisted for the first enlist- ment in the Army: Provided, That any soldier discharged since January twenty-seventh, eighteen hundred and ninety-three, who has been prevented from re-enlisting by the operations of the Act of Con- gress approved February twenty-seventh, eighteen hundred and nine- ty-three, and who may hereafter enlist within three months from the date of the approval of this Act, shall be considered to have re-enlisted and shall be entitled to receive while serving subsequent to such en- Secs. 1118-1120) - Tit. 14THE ARMY 815 — Ch. 1. listment the same pay, service pay, and allowances as if he had re- enlisted within thirty days from his latest discharge. Act Aug. 1, 1894, c. 179, § 2, 28 Stat. 216. The provision of Rev. St. $ 1119, that enlistments should be for a term of five years, is superseded by this section. Other requirements for enlistments, to which those of this section may be regarded as added, are contained in Rev. St. $$ 1116, 1117. The limits of age for original enlistments were fixed at 18 and 35 years, under a provision of Act March 2, 1899, c. 352, § 4, set forth at end of this act. The pay and allowance to men re-enlisting, referred to in this and the following section of this act, are provided for by Rev. St. $S 1282, 1284. Provisions for the transfer of any person enlisted in the military service to the Navy or Marine Corps, to serve therein the residue of his term of enlistment, are contained in Rev. St. § 1421. Time for re-enlistment with additional pay. Sec. 3. That the period within which soldiers may re-enlist with the benefits conferred by sections twelve hundred and eighty-two and twelve hundred and eighty-four of the Revised Statutes, be, and the same is hereby, extended to three months; and hereafter every en- listed man in the Army, excepting general service clerks and general service messengers, shall be entitled to all the benefits conferred by sections twelve hundred and eighty-one and twelve hundred and eigh- ty-two of the Revised Statutes: Provided, That to entitle them to the additional pay authorized by section twelve hundred and eighty-one, for men serving in the third, fourth, and fifth years, the service must have been continuous within the meaning of this section. Act Aug. 1, 1894, c. 179, 83, 28 Stat. 216. The exception in this section of general service clerks and messengers is superseded by the repeal of the act which authorized them, Act July 29, 1886, c. 810, 24 Stat. 167, by Act Aug. 6, 1894, c. 228, 28 Stat. 233. ACT MARCH 2, 1899, c. 352, § 4. Limits of age for original enlistments. * * That the limits of age for original enlistments in the Army shall be eighteen and thirty-five years. Act March 2, 1899, c. 352, § 4, 30 Stat. 978. This is a proviso annexed to the section cited above, which prescribed the composition of a regiment and a company of infantry. By a proviso to section 15 of the same act, each and every provision of the act is to continue in force until July 1, 1901. Sec. 1119. [Superseded. Act Aug. 1, 1894, C. 199, § 2.] This section provided that all enlistments in the Army should be for the term of five years, and enlistments for such term were continued by Act June 16, 1890, c. 426, $ 2, 26 Stat. 157. These provisions are super- seded ly the provision for a term of three years contained in Act Aug. 1, 1894, c. 199, § 2, ante, under Rev. St. § 1118. Sec. 1120. Premium for bringing [recruit]. A premium of two dollars shall be paid to any citizen, noncommis- $16 (Sec. 1120 Tit. 14—THE ARMY-Ch. 1. sioned officer, or soldier for each accepted recruit he may bring to a recruiting rendezvous. Res. June 21, 1862, No. 37, 12 Stat. 620. Provisions for detail of enlisted men for duty at recruiting stations are contained in Act Feb. 2, 1901, c. 192, § 31, ante, following Rev. St. $ 1094. ACT JAN. 29, 1887, c. 72. An Act to Provide a School of Instruction for Cavalry and Light Artillery, and for the Construction and Completion of Quarters, Barracks, and Stables at Certain Posts for the Use of the Army of the United States. (24 Stat. 372.) School of instruction for cavalry and light artillery. Be it enacted, &c., That the Secretary of War be, and he is hereby, authorized and directed to establish upon the military reservation at Fort Riley a permanent school of instruction for drill and practice for the cavalry and light artillery service of the Army of the United States, and which shall be the depot to which all recruits for such service shall be sent. * [Part of section omitted makes appro- priation.] Act Jan. 29, 1887, c. 72, § 1, 24 Stat. 372. The Army appropriation acts make appropriations annually for other schools of instruction as well as for that established under this section. The appropriation for the year ending June 30, 1902, Act March 2, 1901, c. 803, is as follows: "To provide means for the theoretical and practical instruction at the artillery school at Fort Monroe, Va.; the infantry and cavalry school at Fort Leavenworth, Kansas; and the cavalry and light artillery school at Fort Riley, Kansas, for the pur- chase of text books of reference, scientific and professional papers, and for all other absolutely necessary expenses, to be allotted in such pro- portions as may, in the opinion of the Secretary of War, be for the best interest of the military service, fifteen thousand dollars." Provisions for preliminary examinations and surveys for selection of four sites for camps for instruction of troops of the Regular Army and National Guard are contained in Act Feb. 2, 1901, c. 192, $ 35, 31 Stat. 757. Sec. 2. [Temporary.] This section provided for the completion of quarters and barracks at particular posts. ACT JUNE 16, 1890, c. 426. An Act to Prevent Desertions from the Army, and for Other Pur- poses. (26 Stat. 157.) Be it enacted, &c. [Sec. I repealed. Act Feb. 12, 1895, c. 83.] This section provided that four dollars per month should be retained from the monthly pay of each enlisted man for the first year of his en- listment, not to be paid him until his discharge from the service, and to be forfeited unless he served honestly and faithfully; the sums re- tained to be treated as deposits, on which interest should be paid as provided in Rev. St. $ 1305-1308. So much of this act as provides that four dollars per month shall be retained from the pay of enlisted men is expressly repealed by Act Feb. 12, 1895, c. 83, 28 Stat. 654. Sec. 1120) 817 Tit. 14—THE ARMY -Ch. 1. Sec. 2. (Superseded. Act Aug. 1, 1894, c. 179, $ 2.] This section provided that enlistments should continue to be for five years, but that, three years after enlistment, a soldier whose service had been faithful should be entitled to a furlough for three months, and, in time of peace, to discharge. It is superseded by the provision that enlistments shall be for three years, contained in Act Aug. 1, 1894, c. 179, § 2, ante, following Rev. St. 8 1118. Arrest of deserters. Sec. 3. That United States marshals and their deputies, sheriffs and their deputies, constables, and police officers of towns and cities are hereby authorized to apprehend, arrest, and receive the surrender of any deserter from the Army for the purpose of delivering him to any person in the military service authorized to receive him. Act June 16, 1890, c. 426, § 3, 26 Stat. 158. Arrest of deserters by any civil officer having authority to arrest of- fenders is provided for by Act Oct. 1, 1890, c. 1259, $ 2, and Act June 18, 1898, c. 469, § 6, set forth below. Purchase of discharge of enlisted man. Sec. 4. That in time of peace the President may, in his discretion and under such rules and upon such conditions as he shall prescribe, permit any enlisted man to purchase his discharge from the Army. The purchase money to be paid under this section shall be paid to a paymaster of the Army and be deposited in the Treasury to the credit of one or more of the current appropriations for the support of the Army, to be indicated by the Secretary of War, and be avail- able for the payment of expenses incurred during the fiscal year in which the discharge is made. Act June 16, 1890, c. 426, $ 4, 26 Stat. 158. The discharge of a soldier on the death of either of his parents, leav- ing the other solely dependent upon him for support, is authorized by a proviso annexed to Act Feb. 2, 1901, c. 192, § 30, ante, following Rev. St. $ 1094. Sec. 5. [Superseded. Act Feb. 2, 1901, C. 192, § 40.] This section provided for the increase of the Army ration, prescribed by Rev. St. $ 1146, by the addition of vegetables. It is superseded by the provision authorizing the President to prescribe the components of the ration, contained in Act Feb. 2, 1901, c. 192, $ 40, ante, following Rev. St. $ 1094. ACT OCT. 1, 1890, c. 1259, $ 2. Civil officers authorized to arrest deserters. That it shall be lawful for any civil officer having authority under the laws of the United States or of any State, Territory, or District, to arrest offenders, to summarily arrest a deserter from the military service of the United States and deliver him into the custody of the military authority of the General Government. Act Oct. 1, 1890, c. 1259, $ 2, 26 Stat. 648. Act June 18, 1898, c. 469, 8 6, 30 Stat. 484. This section of the earlier of the two acts cited above is re-enacted in the later act in the same words. A similar but less comprehensive provision for the arrest of deserters is contained in Act June 16, 1890, c. 426, § 3, set forth above. The annual appropriation acts since 1894 have provided for payment LAWS '01-52 818 (Secs. 1121-1123 Tit. 14—THE ARMY --Ch. 1. for apprehension of deserters and expenses incident to their pursuit, limited, in the earlier acts, to $10, but since 1899 to $50, for each deserter. The provision of the deficiency appropriation act for the year ending June 30, 1901, Act March 3, 1901, c. 831, 31 Stat. 1025, is as follows: "For the apprehension, securing, and delivering of deserters, and the expenses incident to their pursuit, and no greater suin than fifty dollars for each deserter shall, in the discretion of the Secretary of War, be paid to any civil officer or citizen for such services and expenses." And a similar provision, for the apprehension, etc., of deserters, includ- ing escaped military prisoners, is contained in the Army appropriation act for the year ending June 30, 1902, Act March 2, 1901, c. 803, 31 Stat. 905. Sec. 1121. [Superseded. Act Feb. 2, 1901, C. 192, § 12.] This section provided for the appointment of the thirty post chaplains and four regimental chaplains, one for each regiment of colored troops, authorized by Rev. St. § 1094. It is superseded, with subsequent pro- visions relating to chaplains, by Act Feb. 2, 1901, c. 192, $ 12, ante, following Rev. St. & 1094. See note under section 12 of that act. Sec. 1122. Rank, etc., of chaplains. Chaplains shall have the rank of captain of infantry, without com- mand, and shall be on the same footing with other officers of the Army, as to tenure of office, retirement, and pensions. Act April 9, 1864, c. 53, § 1, 13 Stat. 46. Act July 28, 1866, c. 299, 88 7, 30, 14 Stat. 333, 337. Act March 2, 1867, c. 145, $ 7, 14 Stat. 423. Act July 15, 1870, c. 294, $ 12, 16 Stat. 318. Chaplains have the rank pay, and allowances of captains of infantry, by Act Feb. 2, 1901, c. 192, § 12, ante, following Rev. St. $ 1094. Sec. 1123. Qualifications of [chaplains]. No person shall be appointed as regimental or post chaplain until he shall furnish proof that he is a regularly-ordained minister of some religious denomination, in good standing at the time of his appoint- ment, together with a recommendation for such appointment from some authorized ecclesiastical body, or from not less than five ac- credited ministers of said denomination. Act July 17, 1862, c. 200, § 8, 12 Stat. 595. The requirements of this section, and, perhaps also, the provisions for examination before appointment, of Act March 2, 1899, c. 352, § 7, set forth below, may be regarded as operative under the proviso annexed to Act Feb. 2, 1901, c. 192, § 12, ante, following Rev. St. § 1094, that no person shall be appointed chaplain "until he shall have established his fitness as required by existing law." ACT MARCH 2, 1899, c. 352, $ 7. Examination for appointment from civil life as judge-advocate, pay- master, or chaplain. * * * That no person in civil life shall hereafter be appointed a judge-advocate, paymaster, or chaplain until he shall have passed sat- Secs. 1123-1126) 819 Tit. 14—THE ARMY Ch. 1. isfactorily such examination as to his moral, mental, and physical qualifications as may be prescribed by the President; and no such person shall be appointed who is more than forty-four years of age : : * Provided further, That in case of the appointment of an officer who has served in a similar capacity during the war with Spain and has demonstrated his moral, mental, and physical qualifications for the position, then such examination shall not be required. Act March 2, 1899, c. 352, § 7, 30 Stat. 979. These provisos, annexed to the section cited above, so far as they apply to the appointment of judge-advocates, are superseded by the different provisions of Act Feb. 2, 1901, c. 192, § 15, and so far as they apply to paymasters are superseded by section 26 of that act, ante, following Rev. St. § 1094; but the provision for examination for appointment as chaplain may be regarded as operative under section 12 of the same act, as stated in the note under Rev. St. $ 1123, notwithstanding the proviso to section 15 of Act March 2, 1899, c. 352, that each and every provi- sion of this act shall continue in force until July 1, 1901.” The require- ment of this section as to age is superseded by that in section 12 of Act Feb. 2, 1901, c. 192, mentioned above, which fixed the limit of age at 40 years; but that limit does not apply to those who serve as chaplains of volunteers after April 21, 1898, who were not 42 years of age when originally appointed, by a provision of Act March 2, 1901, c. 803, ante, following Rev. St. 8 1094. Sec. 1124. Duties as school-teachers. The duty of chaplains of regiments of colored troops and of post- chaplains shall include the instruction of the enlisted men in the com- mon English branches of education. Act July 5, 1838, c. 162, § 18, 5 Stat. 259. Act July 28, 1866, c. 299,8 30, 14 Stat. 337. The office of post chaplain is abolished, and chaplains are to be as- signed to regiments or to the corps of artillery, by Act Feb. 2, 1901, c. 192, $ 12, ante, following Rev. St. § 1094. Provisions for establishment of schools at all posts, etc., are contained in Rev. St. § 1231. Sec. 1125. Duties as clergymen. All regimental chaplains and post-chaplains shall, when it may be practicable, hold appropriate religious services, for the benefit of the commands to which they may be assigned to duty, at least once on each Sunday, and shall perform appropriate religious burial services at the burial of officers and soldiers who may die in such commands. Act April 9, 1864, c. 53, § 4, 13 Stat. 46. See note under preceding section as to abolition of office of post chap- lain. Sec. 1126. [As amended 1877.] [ Monthly reports. Post, hospital and regimental chaplains shall make monthly reports to the Adjutant-General of the Army, through the usual military 820 (Secs. 1126-1131 Tit. 14—THE ARMY—Ch. 1. channels, of the moral condition and general history of the regiments or posts to which they may be attached. Act April 9, 1864, c. 53, § 3, 13 Stat. 46. Act Feb. 27, 1877, c. 69, 19 Stat. 242. The amendment of this section by Act Feb. 27, 1877, c. 69, cited above, consists in the insertion of a comma after the word "Post," at the beginning of the section. See note under Rev. St. $ 1124, as to abolition of office of post chaplain. Sec. 1127. Facilities to [chaplains]. It shall be the duty of commanders of regiments, hospitals, and posts to afford to chaplains, assigned to the same for duty, such facil- ities as may aid them in the performance of their duties. Act April 9, 1864, c. 53, § 3, 13 Stat. 46. Sec. 1128. [Superseded. Act Feb. 2, 1901, C. 192, § 13.) This section prescribed the organization of the Adjutant-General's Department authorized by Rev. St. § 1094. It is superseded, with sub- sequent provisions relating to the organization of the department, by Act Feb. 2, 1901, c. 192, $ 13, ante, following Rev. St. $ 1094. See note under section 13 of that act. Sec. 1129. . [Superseded. Act Feb. 2, 1901, C. 192, § 26.] This section provided for filling vacancies in the grade of major in the Adjutant-General's Department by selections from captains of the Army. Similar provisions were contained in subsequent acts, among them Act March 2, 1899, c. 352, $ 6, 30 Stat. 978. They are superseded by provisions for details to the department from the line of the army, contained in Act Feb. 2, 1901, c. 192, § 26, ante, following Rev. St. $ 1094. Sec. 1130. [Assistant adjutants-general], when to be inspectors. Assistant adjutants-general shall, in addition to their own duties, perform those of assistant inspectors-general, when the convenience of the service requires them to do so. Act July 5, 1838, c. 162, § 7, 5 Stat. 257. Act June 18, 1846, c. 29, § 6, 9 Stat. 18. Act March 3, 1847, c. 61, $ 2, 9 Stat. 184. Act July 19, 1848, c. 104, § 3, 9 Stat. 247. Act March 2, 1849, c. 83, 84, 9 Stat. 351. Sec. 1131. [Superseded. Act Feb. 2, 1901, C. 192, § 14, and Act March 2, 1901, c. 803.] This section prescribed the number and rank of inspectors-general and assistant inspectors-general, and an amendment thereof, by Act Feb. 27, 1877, c. 69, 19 Stat. 242, suspended promotions until the number of inspectors-general should be reduced to four. It is superseded by the Secs. 1131-1132) 821 Tit. 14—THE ARMY—Ch. 1. provisions of Act Feb. 2, 1901, c. 192, § 14, and Act March 2, 1901, c. 803, ante, following Rev. St. $ 1094. See note under Act Feb. 2, 1901, c. 192, § 14. Provisions for inspection of disbursements made by disbursing officers of the Army, and their accounts and deposits, to be made by officers of the inspection department or others, are contained in Act April 20, 1874, c. 117, ante, following Rev. St. § 216. An expert accountant for the Inspector-General's Department is au- thorized by Act June 13, 1890, c. 423, and Act Feb. 24, 1891, c. 284, set forth below. ACT FEB. 24, 1891, c. 284. Expert accountant in Inspector-General's Department. For pay of one expert accountant for the Inspector General's De- partment, to be appointed in case of vacancy, by the Secretary of War, two thousand five hundred dollars. Act June 13, 1890, c. 423, 26 Stat. 151. Act Feb. 24, 1891, c. 284, 26 Stat. 773. This is a provision of the Army appropriation act for the year ending June 30, 1891, repeated in a similar act for the year next following, cited above, the words "in case of vacancy" appearing in the last act only. The appropriation is repeated in the subsequent annual appropriation acts. Sec. 1132. [As amended 1877.] Quartermaster's Corps; organization; [performance of duti of Quar termaster-General or other chief of department or corps during his absence]. * * [Part of section omitted superseded. Act Feb. 2, 1901, C. 192, § 16.] During the absence of the Quartermaster-General, or the chief of any military bureau of the War Department, the President is authorized to empower some officer of the department or corps whose chief is absent to take charge thereof, and to perform the duties of Quartermaster-General, or chief of the department or corps, as the case may be, during such absence. Act July 28, 1866, c. 299, $$ 13, 14, 14 Stat. 334. Act March 2, 1867, c. 145, § 7, 14 Stat. 423. . Act June 3, 1872, c. 279, 17 Stat. 214. Act Feb. 27, 1877, c. 69, 19 Stat. 242. This section as originally enacted prescribed the organization of the Quartermaster's Department authorized by Rev. St. § 1094. It was su- perseded by the different provisions relating to the same subject of Act March 3, 1875, c. 126, 18 Stat. 338; but thereafter it was amended by Act Feb. 27, 1877, c. 69, cited above, by the addition of a provision that all appointments in the department should be made from the Army, and of a further provision set forth here. Appointments from civil life to fill vacancies in the department were authorized by a provision of Act March 3, 1883, c. 93, 22 Stat. 457, thus superseding the first provi- sion added by the amendment. These and subsequent provisions relat- ing to the department are superseded by Act Feb. 2, 1901, c. 192, § 16, ante, following Rev. St. § 1094. See notes under sections 16 and 26 of that act. This section originally authorized military storekeepers, not exceeding sixteen, with the rank of captain of cavalry; but Act March 3, 1875, c. 126, $ 2, 18 Stat. 338, provided that no more appointments should be made in the grade, and that it should cease as soon as it should become vacant. The appointment of a military storekeeper is authorized by 822 (Sec. 1132 Tit. 14THE ARMY—Ch. 1. Act July 1, 1898, c. 544, set forth below, but the ofice is to cease, on the occurrence of a vacancy therein, by Act Feb. 2, 1901, c. 192, § 1, ante, following Rev. St. § 1094. Post quartermaster-sergeants, not to exceed eighty, are authorized by a provision of Act July 5, 1884, c. 217, and an increase of twenty- five, by Act July 8, 1898, c. 642, set forth below. One hundred and fifty are authorized by Act Feb. 2, 1901, c. 192, § 16, ante, following Rev. St. $ 1094. ACT JULY 5, 1884, c. 217. Post quartermaster-sergeants. That the Secretary of War is authorized to appoint, on the recom- mendation of the Quartermaster-General, as many post quartermaster sergeants, not to exceed eighty, as he may deem necessary for the interests of the service, said sergeants to be selected by examination from the most competent enlisted men of the Army who have served at least four years, and whose character and education shall fit them to take charge of public property and to act as clerks and assistants to post and other quartermasters. Said post quartermaster sergeants shall, so far as practicable, perform the duties of storekeepers and clerks in lieu of citizen employees. The post quartermaster ser- geants shall be subject to the rules and articles of war and shall re- ceive for their services the same pay and allowances as ordnance ser- geants. Act July 5, 1884, c. 217, 23 Stat. 109. The number of post quartermaster-sergeants is increased by the addi- tion of twenty-five, by Act July 8, 1898, c. 642, set forth below, and is further increased to one hundred and fifty, by Act Feb. 2, 1901, c. 192, $ 16, ante, following Rev. St. $ 1094. ACT JULY 1, 1898, c. 544. An Act to Authorize the Appointment of a Military Storekeeper in the Army. (30 Stat. 571.) Military storekeeper. Be it enacted, &c., That the President is hereby authorized to nom- inate and, by and with the advice and consent of the Senate, appoint a military storekeeper in the Quartermaster's Department of the Army; and all laws inconsistent herewith are hereby suspended for the purposes of this Act only. Act July 1, 1898, c. 544, 30 Stat. 571. See note under Rev. St. $ 1132, as to military storekeepers under that section. The office is to cease, on the occurrence of a vacancy therein, by Act Feb. 2, 1901, c. 192, § 1, ante, following Rev. St. $ 1094. ACT JULY 8, 1898, c. 642. An Act to Increase the Number of Post Quartermaster Sergeants in the United States Army. (30 Stat. 728.) Post quartermaster-sergeants; increase of number. Be it enacted, &c., That the number of post quartermaster-ser- geants of the Army be increased by the addition of twenty-five post Secs. 1132–1135) 823 Tit. 14—THE ARMY Ch. 1. quartermaster-sergeants, to be appointed by the Secretary of War in the manner now provided for by law. Act July 8, 1898, c. 642, 30 Stat. 728. Post quartermaster-sergeants are authorized by a provision of Act July 5, 1884, set forth above. The number is increased to one hundred and fifty by Act Feb. 2, 1901, c. 192, § 16, ante, following Rev. St. 8 1094. Sec. 1133. Duties [of Quartermaster's Department]. It shall be the duty of the officers of the Quartermaster's Depart- ment, under the direction of the Secretary of War, to purchase and distribute to the Army all military stores and supplies, requisite for its use, which other corps are not directed by law to provide; to furnish means of transportation for the Army, its military stores and supplies, and to provide for and pay all incidental expenses of the military service which other corps are not directed to provide for and pay. Act March 28, 1812, c. 461, $$ 3, 5, 2 Stat. 696, 697. Act May 18, 1826, c. 74, § 1, 4 Stat. 173. Act Aug. 23, 1842, c. 186, § 3, 5 Stat. 513. Provisions regulating the purchase of supplies, etc., and the making of contracts by the Quartermaster's Department, are contained in Title XLIII, “Public Contracts.” The transportation of stores by private parties for the Army is required to be done by contract, after advertisement, etc., by a provision of Act July 5, 1884, c. 217, post, following Rev. St. § 3716. The Quartermaster-General and his officers are required to receive and transport property turned over to them by the officers or agents of any Government survey for the National Museum, or for the civil or naval departments of the Government, in Washington or elsewhere, by a further provision of Act July 5, 1884, c. 217, also set forth post, following Rev. St. $ 3716. The number of draught animals to be purchased for the Army is limited by a provision of Act Sept. 22, 1888, c. 1027, § 1, post, following Rev. St. S 3716. Sec. 1134. Commissary's duty. Assistant quartermasters shall do duty as assistant commissaries of subsistence when so ordered by the Secretary of War. Act March 2, 1821, c. 13, § 8, 3 Stat. 615. The assistant quartermasters mentioned in this section were authorized by Rev. St. $ 1132, with the rank of captain of cavalry. That grade is not included in the organization of the department by Act Feb. 2, 1901, c. 192, $ 16, ante, following Rev. St. § 1094, but instead thereof, besides quartermasters with the rank of major, as provided for in former acts, sixty quartermasters with the rank of captain, mounted, are au- thorized. Sec. 1135. Supplies to naval and marine detachments. The officers of the Quartermaster's Department shall, upon the requisition of the naval or marine officer commanding any detach- 824 (Secs. 1135–1136 Tit. 14—THE ARMY-Ch. 1. ment of seamen or marines under orders to act on shore, in co-opera- tion with land troops, and during the time such detachment is so acting or proceeding to act, furnish the officers and seamen with camp equippage, together with transportation for said officers, seamen, and marines, their baggage, provisions, and cannon, and shall furnish the naval officer commanding any such detachment, and his necessary aids, with horses, accouterments, and forage. Act Dec. 15, 1814, c. 13, 88 1, 2, 3 Stat. 151. Similar provisions that the officers of the Subsistence Department shall nish rations to naval and marine detachments are contained in Rev. St. $ 1143. Sec. 1136. [As amended 1877.] Permanent barracks. Permanent barracks or quarters and buildings and structures of a permanent nature shall not be constructed unless detailed estimates shall have been previously submitted to Congress, and approved by a special appropriation for the same, except when constructed by the troops; and no such structures, the cost of which shall exceed twenty thousand dollars, shall be erected unless by special authority of Con- gress. It shall be the duty of all officers of the United States hav- ing any of the title-papers (property purchased, or about to be pur- chased, for erection of public buildings) in their possession, to furnish them forthwith to the Attorney-General. No public money shall be expended until the written opinion of the Attorney-General shall be had. Act March 3, 1859, c. 83, § 1, 11 Stat. 432. Act Feb. 27, 1877, c. 69, 19 Stat. 242. The amendment of this section by Act Feb. 27, 1877, c. 69, cited above, consists in the addition of the provision at the end of the sec- tion relating to title papers and the opinion of the Attorney-General. A similar provision, applicable to land purchased for other public works and buildings, that no public money shall be expended thereon without the opinion of the Attorney-General in favor of the validity of the title, is contained in Rev. St. 8 355. The approval of the Secretary of War is required before making ex- penditures exceeding $500 on any building or military post, etc., and the making of contracts for the erection, etc., of buildings, etc., in the Quartermaster's Department, is regulated, by provisions of Act June 30, 1886, c. 574, post, under Title XLIII, "Public Contracts." The establishment of military headquarters at points where suitable buildings are owned by the Government is provided for by Act June 23, 1879, c. 35, $ 8, set forth below. The use of public buildings by post exchanges is not prohibited by the restriction on the expenditure for such exchanges of money appropriated for the support of the Army, contained in Act July 16, 1892, c. 195, post, following Rev. St. $ 1240. ACT JUNE 23, 1879, c. 35, $ 8. Places for military headquarters. That when the economy of the service requires, the Secre- tary of War shall direct the establishment of military headquarters at points where suitable buildings are owned by the Government. Act June 23, 1879, c. 35, $ 8, 21 Stat. 35. This is a proviso annexed to a clause repealing Act June 18, c. 263, Secs. 1137-1139) - Tit. 14—THE ARMY-825 Ch. 1. § 6, 20 Stat. 150, which required that in time of peace military head- quarters should be in buildings or barracks owned by the Government, unless the Secretary of War should order otherwise. Sec. 1137. [As amended 1877.] Forage and wagon masters. The Quartermaster-General may employ as many forage-masters - and wagon-masters, not exceeding twenty in the whole, as he may deem necessary for the service, who shall be entitled to receive each forty dollars per month and three rations per day, and forage for one horse. No forage-master or wagon-master shall be concern- ed, directly or indirectly, in any means of transport employed by the United States, or in the purchase or sale of any property procured for or belonging to the United States, except as agent for the United States. Act July 5, 1838, c. 162, § 10, 5 Stat. 257. Act Feb. 27, 1877, c. 69, 19 Stat. 242. The amendment of this section by Act Feb. 27, 1877, c. 69, cited above, consists in the insertion of the words, "who shall be entitled to receive each forty dollars per month and three rations per day, and forage for one horse." Other civilian employés in the department are provided for by the annual appropriations. The Army appropriation act for the year ending June 30, 1886, Act March 3, 1885, c. 339, 23 Stat. 359, restricted the cumber and grade of such employés, and similar acts in subsequent years limit the amounts to be paid for services of such employés. Sec. 1138. Officers not to trade. No officer belonging to the Quartermaster's Department, or doing the duty of a quartermaster or assistant quartermaster, shall be con- cerned, directly or indirectly, in the purchase or sale of any article intended for or appertaining to said department of service, except on account of the United States; nor shall any such officer take or apply to his own use any gain or emolument for negotiating or trans- acting any business connected with the duties of his office, other than that which may be allowed by law. Act May 22, 1812, c. 92, § 1, 2 Stat. 742. Similar provisions relating to officers of the Subsistence Department are contained in Rev. St. $ 1150. Sec. 1139. [As amended 1877.] System of accountability. The Quartermaster-General, under the direction of the Secretary of War, shall prescribe and enforce a system of accountability for all quartermaster's supplies to the Army or to officers, seamen, and ma- rines. And he shall account to the Secretary of War at least once in three months for all property and money that may pass through his hands, or the hands of his subordinate officers. Act May 18, 1826, c. 74, § 1, 4 Stat. 173. Act Feb. 27, 1877, c. 69, 19 Stat. 242. The amendment of this section by Act Feb. 27, 1877, c. 69, citeů 826 (Secs. 1140-1143 Tit. 14—THE ARMY - Ch. 1. above, consists in the addition, at the end of the section, of the provi- sion for accounting by the Quartermaster-General to the Secretary of War. Sec. 1140. [Superseded. Act Feb. 2, 1901, C. 192, § 17.] This section prescribed the organization of the Subsistence Department authorized by Rev. St. § 1094. It is superseded, with subsequent pro- visions relating to the organization of the department, by Act Feb. 2, 1901, c. 192, $ 17, ante, following Rev. St. § 1094. See note under sec- tion 17 of that act. Sec. 1141. Duties [of Subsistence Department]. It shall be the duty of the officers of the Subsistence Department, under the direction of the Secretary of War, to purchase and issue to the Army such supplies as enter into the composition of the ration. Act April 14, 1818, c. 61, § 7, 3 Stat. 427. Act March 3, 1835, c. 49, § 1, 4 Stat. 780. The President is authorized to prescribe the kinds and quantities of the component articles of the ration, by Act Feb. 2, 1901, c. 192, $ 40, ante, following Rev. St. $ 1094. Provisions regulating the purchase of supplies, etc., and the making of contracts by the Subsistence Department, are contained in Title XLIII, “Public Contracts." Sec. 1142. Post commissary-sergeants. The Secretary of War is authorized to select from the sergeants of the line of the Army who shall have faithfully served therein five years, three years of which in the grade of non-commissioned offi- cers, as many commissary-sergeants as the service may require, not to exceed one for each military post or place of deposit of subsistence supplies, whose duty it shall be to receive and preserve the subsist- ence supplies at the posts, under the direction of the proper officers of the Subsistence Department, and under such regulations as shall be prescribed by the Secretary of War. The commissary-sergeants hereby authorized shall be subject to the rules and articles of war, and shall receive for their services the same pay and allowances as ordnance-sergeants. Act March 3, 1873, c. 224, 17 Stat. 485. “The number of commissary sergeants now authorized by law, who shall hereafter be known as post commissary sergeants," are included in the organization of the department by Act Feb. 2, 1901, c. 192, $ 17, ante, following Rev. St. § 1094, Sec. 1143. Rations to naval detachments. The officers of the Subsistence Department shall, upon the requi- sition of the naval or marine officer commanding any detachment of seamen or marines under orders to act on shore, in co-operation with the land troops, and during the time such detachment is so acting or Secs. 1143-1144) 827 Tit. 14—THE ARMY -Ch. 1. proceeding to act, furnish rations to the officers, seamen, and marines of the saine. Act Dec. 15, 1814, c. 13, § 1, 3 Stat. 151. Similar provisions that the officers of the Quartermaster's Department shall furnish supplies to naval and marine detachments are contained in Rev. St. $ 1135. Sec. 1144. Credit sales. The officers of the Subsistence Department shall procure, and keep for sale to officers and enlisted men at cost prices, for cash or on credit, such articles as may, from time to time, be designated by the inspectors-general of the Army. An account of all sales on credit shall be kept, and the amounts due for the same shall be reported monthly to the Paymaster-General. Act July 28, 1866, c. 299, § 25, 14 Stat. 336. Amounts due from officers and men, for articles purchased under this section, may be deducted from their pay, by Rev. St. $8 1299, 1300. Subsequent provisions relating to sales of subsistence stores to officers and men, contained in various appropriation acts, are set forth below. The sale of tobacco to enlisted men at cost prices is provided for by Rev. St. § 1149. ACT MARCH 3, 1875, c. 131, § 1. Purchase of subsistence stores for sale. * * That so much of the appropriation for subsistence of the Army as may be necessary may be applied to the purchase of sub- sistence-stores for sale to officers for the use of themselves and their families, and to commanders of companies or other organizations, for the use of the enlisted men of their companies or organizations, and the proceeds of all sales of subsistence-supplies shall hereafter be exempt from being covered into the Treasury and shall be im- mediately available for the purchase of fresh supplies. * Act March 3, 1875, c. 131, § 1, 18 Stat. 410. This is a proviso of the deficiency appropriation act for the year ending June 30, 1875, cited above. ACT JULY 5, 1884, c. 217. Sales at cost prices. That hereafter all sales of subsistence supplies to officers and en- listed men shall be made at cost price only; and the cost price of each article shall be understood, in all cases of such sales, to be the invoice price of the last lot of that article received by the officer mak- ing the sale prior to the first day of the month in which the sale is made. Act July 5, 1884, c. 217, 23 Stat. 108. This is a provision of the Army appropriation act for the year ending June 30, 1885, cited above. ACT AUG. 30, 1890, c. 837. Sales to officers and men of Signal Service. That officers and enlisted men of the Signal Corps may purchase 828 (Secs. 1144-1147 Tit. 14—— THE ARMY - Ch. 1. subsistence stores under the same regulations as prescribed for offi- cers and enlisted men of the Army, as authorized by section eleven hundred and forty-four of the Revised Statutes, and paragraph four- teen hundred and two of the Army regulations, eighteen hundred and eighty-nine. Act Aug. 30, 1890, c. 837, 26 Stat. 400. This is a proviso annexed to the appropriation for the Signal Service for the fiscal year ending June 30, 1891, contained in the sundry civil appropriation act for that year, cited above. It may be rendered super- fluous, if not superseded, by the subsequent reorganization of the Signal Corps, by Act Oct. 1, 1890, c. 1266, and the inclusion of the corps in the Army, by Act March 2, 1899, c. 352, § 1, and Act Feb. 2, 1901, c. 192, 88 1, 24, referred to in note under Rev. St. $ 1196. AOT FEB. 12, 1895, c. 83. Purchase of exceptional articles for sale. * * And hereafter exceptional articles of subsistence stores for officers and enlisted men, which are to be paid for by them, regardless inen of condition upon arrival at posts, may, under regulations to be pre- scribed by the Secretary of War, be obtained by open purchase with- out advertising Act Feb. 12, 1895, c. 83, 28 Stat. 658. This is a proviso of the Army appropriation act for the year ending June 30, 1896, cited above. Sec. 1145. Sales of rations, Commissioned officers of the Army, serving in the field, may pur- chase rations for their own use, from any commissary of subsistence, on credit, at cost prices; and the amounts due for such purchases shall be reported monthly to the Paymaster-General. Act March 3, 1865, c. 81, § 5, 13 Stat. 497. Amounts due from officers, for rations purchased under this section, may be deducted from their pay, by Rev. St. § 1299. Sec. 1146. [Superseded. Act Feb. 2, 1901, C. 192, § 40.] This section prescribed the components of the ration, and authorized the President to make alterations therein required by a due regard to the health and comfort of the Army and economy. It is superseded, with subsequent provisions relating to the subject, by Act Feb. 2, 1901, c. 192, § 40, ante, following Rev. St. § 1094, which authorized the President to prescribe the kinds and quantities of the component arti- cles of the ration. Sec. 1147. Coffee and sugar commuted. The Secretary of War may commute the ration of coffee and sugar for the extract of coffee combined with milk and sugar, if he shall believe such commutation to be conducive to the health and comfort of the Army, and not to be more expensive to the Government than Secs. 1147-1151) 829 Tit. 14—THE ARMY —Ch. 1. the present ration; provided, the same shall be acceptable to the men. Act July 5, 1862, c. 133, § 10, 12 Stat. 510. Payment to enlisted men in money for each ration of sugar and coffee not issued or commuted is authorized by Rev. St. $ 1294. Sec. 1148. Sugar and coffee in kind. The ration of sugar and coffee where issued in kind, shall, when the convenience of the service permits, be issued weekly. Act July 5, 1838, c. 162, § 17, 5 Stat. 258. Sec. 1149. Sales of tobacco. . Tobacco shall be furnished to the enlisted men by the commissaries of subsistence, at cost prices, exclusive of the cost of transportation, in such quantities as they may require, not exceeding sixteen ounces per month. Act March 3, 1865, c. 81, $ 6, 13 Stat. 497. Amount due from men for tobacco purchased under this section may be deducted from their pay by Rev. St. § 1301. Sec. 1150. Officers not to trade. No officer belonging to the Subsistence Department, or doing the duty of a subsistence officer, shall be concerned, directly or indirectly, in the purchase or sale of any article entering into the composition of the ration allowed to troops in the service of the United States, or of any article designated by the inspectors-general of the Army, and furnished for sale to officers and enlisted men at cost prices, or of tobacco furnished for sale to enlisted men, except on account of the United States; nor shall any such officer take or apply to his own use any gain or emolument for negotiating or transacting any busi- ness connected with the duties of his office, other than that which may be allowed by law. Act April 14, 1818, c. 61, § 9, 3 Stat. 427. Act March 3, 1835, c. 49, § 1, 4 Stat. 780. Act March 3, 1865, c. 81, 8 6, 13 Stat. 497. July 28, 1866, c. 299, $ 25, 14 Stat. 336. Similar provisions relating to the officers of the Quartermaster's De- partment are contained in Rev. St. $ 1138. 9 Act Sec. 1151. [Superseded. Act Feb. 2, 1901, C. 192, § 22.] This section prescribed the organization of the Corps of Engineers authorized by Rev. St. § 1094. It is superseded, with subsequent pro- visions relating to the organization of the corps, by Act Feb. 2, 1901, c. 192, § 22, ante, following Rev. St. § 1094. See note under section 22 of that act. The proviso annexed to this section, that no promotion should be made to fill any vacancy in said corps above the rank of colonel, was repealed by Act June 30, 1879, c. 57, 21 Stat. 45. 830 (Secs. 1152-1157 Tit. 14—THE ARMY—Ch. 1. Sec. 1152. [Corps of Engineers;] regulations of supplies. The Chief of Engineers is authorized, with the approval of the Secretary of War, to regulate and determine the number, quality, form, and dimensions of the necessary vehicles, pontoons, tools , im- plements, arms, and other supplies for the use of the battalion of engineer soldiers. Act May 15, 1846, c. 21, § 5, 9 Stat. 13. Act Aug. 3, 1861, c. 42, $ 4, 12 Stat. 287. Act Aug. 6, 1861, c. 57, § 2, 12 Stat. 317. Act July 28, 1866, c. 299, 820, 14 Stat. 335. Sec. 1153. Disbursements. It shall be the duty of the engineer superintending the construction of a fortification, or engaged about the execution of any other pub- lic work, to disburse the moneys applicable to the same; but no com- pensation shall be allowed him for such disbursement. Act July 5, 1838, c. 162, $ 27, 5 Stat. 260. Act July 7, 1838, c. 194, 5 Stat. 308. Secs. 1154, 1155. [Superseded. Act Feb. 2, 1901, C. 192, § 11.] These sections prescribed the composition of the battalion of en- gineer soldiers authorized by Rev. St. § 1094, and of each company thereof. They are superseded, with subsequent provisions relating to the enlisted force of the corps, by Act Feb. 2, 1901, c. 192, § 11, ante, following Rev. St. § 1094; and under section 22 of that act the enlisted force and the officers serving therewith constitute part of the line of the army. See notes under sections 11 and 22 of that act. Sec. 1156. Engineer officers. A battalion-adjutant, a battalion-quartermaster, and appropriate officers to command the companies and battalion of engineer soldiers, shall be detailed from the Corps of Engineers. Act May 15, 1846, c. 21, § 4, 9 Stat. 13. Act Aug. 3, 1861, c. 42, § 4, 12 Stat. 287. Act Aug. 6, 1861, c. 57, § 2, 12 Stat. 317. Act July 28, 1866, c. 299, $ 20, 14 Stat. 335. Provisions relating to the pay, etc., of officers detailed from the Corps of Engineers to serve as battalion staff officers, are contained in Act Feb. 2, 1901, c. 192, § 11, ante, following Rev. St. § 1094. Sec. 1157. Duties of engineer soldiers. The enlisted men of the engineer battalion shall be instructed in and perform the duties of sappers, miners, and pontoniers, and shall aid in giving practical instruction in those branches at the Military Academy. They may be detailed by the Chief of Engineers to over- see and aid laborers upon fortifications and other works in charge of Secs. 1158-1159) - Tit. 14—THE ARMY 831 - Ch. 1. the Engineer Corps, and, as fort-keepers, to protect and repair fin- ished fortifications. Act May 15, 1846, c. 21, § 4, 9 Stat. 13. Act Aug. 3, 1861, c. 42, § 4, 12 Stat. 287. Act Aug. 6, 1861, c. 57, § 2, 12 Stat. 317. Act March 3, 1863, c. 78, § 1, 12 Stat. 743. Sec. 1158. Engineers; limits of duty. Engineers shall not assume nor be ordered on any duty beyond the line of their immediate profession, except by the special order of the President. They may, at the discretion of the President, be trans- ferred from one corps to another, regard being paid to rank. Act April 10, 1806, c. 20, art. 63, 2 Stat. 367. The detail, from the Engineer Corps, of such officers as may be necessary to superintend the construction and renovation of lighthouses, is provided for by Rev. St. § 4644. Officers of the Army and Navy are to be employed, as far as com- patible with the successful prosecution of the work, in the coast sur- vey, by Rev. St. 88 4684, 4687. Sec. 1159. [Superseded. Act Feb. 2, 1901, C. 192, § 23.] This section prescribed the organization of the Ordnance Depart- ment authorized by Rev. St. § 1094. It is superseded, with subsequent provisions relating to the organization of the commissioned force of the department, by Act Feb. 2, 1901, c. 192, § 23. See note under section 23 of that act. This section authorized thirteen ordnance storekeepers; one at Spring- field Armory, with the rank of major of cavalry; the others with the rank of captain of cavalry. The grade was not included in the provisions for reorganization of the department of Act June 23, 1874, c. 458, § 5, 18 Stat. 245, and therefore, under section 7 of that act, it ceased to exist on becoming vacant. The appointment of an ord- nance storekeeper is authorized by Act May 1, 1882, c. 111, and he has the rank of major by a provision of Act June 6, 1896, c. 338, set forth below; but the office is to cease, on the occurrence of a vacancy therein, by Act Feb. 2, 1901, c. 192, § 1, ante, following Rev. St. $ 1094. ACT MAY 1, 1882, c. 111. An Act to Authorize the Appointment of an Ordnance Storekeeper in the Army. (22 Stat. 52.) Ordnance storekeeper; appointment. Be it enacted, &c., That the President is hereby authorized to nominate and, by and with the advice and consent of the Senate, appoint an ordnance storekeeper in the ordnance department of the army; and all laws inconsistent herewith are hereby, suspended for the purposes of this act only: Provided, That prior to his appoint- ment he shall have passed a satisfactory examination before a board of ordnance officers. Act May 1, 1882, c. 111, 22 Stat. 52. See note under Rev. St. $ 1159, as to termination of the office on the occurrence of a vacancy therein. 832 (Secs. 1159–1163 Tit. 14—THE ARMY Ch. 1. ACT JUNE 6, 1896, c. 338. Ordnance storekeeper; rank. And the ordnance storekeeper now on duty in Washington as disbursing officer and assistant to the Chief of Ordnance, United States Army, shall hereafter have the rank of major. Act June 6, 1896, c. 338, 29 Stat. 258. This is a provision of Act June 6, 1896, c. 338, cited above, making appropriations for fortifications, etc. Sec. 1160. [Superseded. Act Feb. 2, 1901, C. 192, § 26.] This section required examination and approval by a board of ord- nance officers for a commission as ordnance officer; and Act June 23, 1874, c. 458, § 5, which provided for filling vacancies in the grade of lieutenant in the department, that being the lowest grade authorized by that act, by transfer from the line of the Army, also provided that no appointment or promotion in the department should be made until the officer or person so appointed or promoted should have passed a satisfactory examination before a board of ordnance officers. These provisions are superseded by Act Feb. 2, 1901, c. 192, § 26, ante, following Rev. St. $ 1094, which provides for filling vacancies in the department by details from the line, under such system of examina- tion as the President shall from time to time prescribe. Sec. 1161. [Superseded. Act June 23, 1874, c. 458, SS 5, 7.] This section provided that ordnance storekeepers might be authorized to act as paymasters at armories and arsenals. It has become inoperative, the office of ordnance storekeeper having ceased, under the provisions of Act June 23, 1874, c. 458, 88 5, 7, as stated in note under Rev. St. § 1159. Sec. 1162. [As amended 1877.] [Ordnance Department;] enlisted men. The Chief of Ordnance may enlist as many sergeants of ordnance, corporals of ordnance, and first and second class privates of ord- nance, as the Secretary of War may direct. Act June 18, 1846, c. 29, § 11, 9 Stat. 18. Act July 5, 1862, c. 133, $ 3, 12 Stat. 508. Act July 28, 1866, c. 299, § 21, 14 Stat. 335. Act June 23, 1874, c. 458, § 5, 18 Stat. 245. Act Feb. 27, 1877, c. 69, 19 Stat. 242. The amendment of this section by Act Feb. 27, 1877, c. 69, cited above, consists in striking out all of the original section after the word "many,” being the description of the men authorized to be en- listed, and inserting instead thereof the words set forth here. Civilian employés in the department are provided for by the annual appropriation acts. Sec. 1163. [As amended 1877.] . Detail of artificers. The Chief of Ordnance, subject to the approval of the Secretary of War, shall organize and detail to regiments, corps, or garrisons, such Secs. 1163-1167) 833 Tit. 14—THE ARMY —Ch. 1. numbers of ordnance enlisted men, furnished with proper tools, car- riages, and apparatus, as may be necessary, and shall make regula- tions for their government. Act Feb. 8, 1815, c. 38, § 4, 3 Stat. 203. Act Feb. 27, 1877, c. 69, 19 Stat. 242. The amendment of this section by Act Feb. 27, 1877, c. 69, cited above, consists in striking out of the section as originally enacted, after the words "such members of," the words "privates of the first class," and inserting instead thereof the words "ordnance enlisted men.” Sec. 1164. Supplies (of ordnance and ordnance stores). It shall be the duty of the Chief of Ordnance to furnish estimates, and, under the direction of the Secretary of War, to make contracts and purchases, for procuring the necessary supplies of ordnance and ordnance stores, for the use of the armies of the United States; to direct the inspection and proving of the same, and to direct the con- struction of all cannon and carriages, ammunition-wagons, traveling forges, artificers' wagons, and of every implement and apparatus for ordnance, and the preparation of all kinds of ammunition and ord- nance stores constructed or prepared for said service. Act Feb. 8, 1815, c. 38, § 8, 3 Stat. 203. Sec. 1165. Depots. The Chief of Ordnance, under the direction of the Secretary of War, may establish depots of ordnance and ordnance stores in such parts of the United States, and in such numbers, as may be deemed necessary. Act Feb. 8, 1815, c. 38, § 9, 3 Stat. 204. Sec. 1166. Orders for supplies. The Chief of Ordnance, or the senior officer of that corps for any district, shall execute all orders of the Secretary of War, and, in time of war, the orders of any general or field officer commanding an army, garrison, or detachment, for the supply of all ordnance and ordnance stores for garrison, field, or siege service. Act Feb. 8, 1815, c. 38, § 5, 3 Stat. 203. Sec. 1167. [As amended 1877.] Semi-annual reports. The Chief of Ordnance shall, half-yearly, or oftener if so directed, make a report to the Secretary of War of all the officers and enlist- ed men in his department of the service, and of all ordnance and ordnance stores under his control. Every officer of the Ordnance Department, every ordnance-store keeper, every post ordnance ser- geant, each keeper of magazines, arsenals, and armories, every as- LAWS '01-53 834 (Secs. 1167-1168 Tit. 14—THE ARMY --Ch. 1. sistant and deputy of such, and all other officers, agents, or persons who shall have received or may be entrusted with any stores or sup- plies, shall quarterly, or oftener if so directed, and in such manner and on such forms as may be directed or prescribed by the Chief of Ordnance, make true and correct returns to the Chief of Ordnance of all ordnance-arms, ordnance-stores, and all other supplies and prop- erty of every kind, received by or intrusted to them and each of them, or which may in any manner come into their and each of their posses- sion or charge. The chief of ordnance, subject to the approval of the Secretary of War, is hereby authorized and directed to draw up and enforce in his department a system of rules and regulations for the government of the Ordnance Department, and of all persons in said department, and for the safe-keeping and preservation of all crdnance property of every kind, and to direct and prescribe the time, number, and forms of all returns and reports, and to enforce compliance therewith. Act Feb. 8, 1815, c. 38, § 8, 3 Stat. 204. Act Feb. 27, 1877, c. 69, 19 Stat. 242. The amendment of this section by Act Feb. 27, 1877, c. 69, cited above, consists in the addition, at the end of the section as originally enacted, of the provisions requiring every officer of the department, etc., to make returns of arms, stores, and other property, and requir- ing the Chief of Ordnance to draw up and enforce rules and regu- lations for the government of the department, etc. Sec. 1168. [Superseded. Act June 23, 1874, c. 458, $$ 4, 7, 8; Act Feb. 2, 1901, C. 192, § 18.] This section prescribed the organization of the Medical Department authorized by Rev. St. § 1094. It was superseded by Act June 23, 1874, c. 458, $$ 4, 7, 8, 18 Stat. 244, 245, which made changes in the organization and in the grades and number of the officers thereof; but these provisions, except a clause relating to the rank of assistant surgeon, set forth below, are also superseded by later enactments. By Act June 26, 1876, c. 146, 19 Stat. 61, other changes were made, reducing the number of assistant surgeons from 150, allowed by Rev. St. $ 1168, and Act June 23, 1874, c. 458, § 4, mentioned above, to 125, abolishing the office of medical storekeeper, and establishing ad- ditional grades of surgeons, with the rank, pay, etc., of colonel and of lieutenant-colonel. By Act July 27, 1892, c. 270, § 1, set forth below, medical officers holding the rank of colonel have the grade of assistant surgeon-general, and those holding the rank of lieutenant- colonel have the grade of deputy surgeon-general; which provisions, applying to the chief medical purveyor and assistant medical purvey- ors with the rank of colonel and lieutenant-colonel, respectively, author- ized by Rev. St. $ 1168, and Act June 23, 1874, c. 458, § 4, as well as to the surgeons with those ranks authorized by Act June 26, 1876, c. 146, mentioned above, change the designation of those officers to assistant surgeon-general and deputy surgeon-general respectively. The further reduction of the number of assistant surgeons to 110 was provided for by Act Aug. 6, 1894, c. 228, 28 Stat. 235, and Act Aug. 18, 1894, c. 301, 28 Stat. 403. An addition of 15 to this number, and the appointment of as many contract surgeons as might be neces- sary, were authorized by Act May 12, 1898, c. 296, 30 Stat. 406. The department was continued, as then constituted, with a temporary in- crease of force for volunteer regiments, by Act March 2, 1899, c. 352, $$ 7, 12, 30 Stat. 979. All these provisions, other than those set Sec. 1168) 835 Tit. 14—THE ARMY —Ch. 1. forth below, are superseded by Act Feb. 2, 1901, c. 192, § 18, ante, following Rev. St. § 1094. So much of Rev. St. § 3709, as requires advertisements for proposals before purchases of supplies, etc., does not apply to the purchase of medicines and medical supplies, by a provision of Act Feb. 27, 1893, c. 168, following Rev. St. S 3716. ACT JUNE 23, 1874, c. 458, § 4. Medical Department; organization, That the Medical Department of the Army shall hereafter consist of * * [Part of section omitted superseded. Act Feb. 2, 1901, C. 192, § 18] assistant surgeons, with the rank, pay, and emoluments of lieutenants of cavalry for the first five years' service, and with the rank, pay, and emoluments of captains of cavalry after five years' service; * [Part of section omitted superseded. Act June 26, 1876, c. 146; Act March 1, 1887, C. 311; Act Feb. 2, 1901, C. 192, 18.] Act June 23, 1874, c. 458, § 4, 18 Stat. 244. The portions of this section omitted here relate in part to the organ- ization of the department and the grades and number of medical offi- cers, which are changed by subsequent provisions, and wholly super- seded by Act Feb. 2, 1901, c. 192, § 18, ante, following Rev. St. $ 1094; and other portions relate to the office of medical storekeeper, abolished by Act June 26, 1876, c. 146, 19 Stat. 61; the appointment of hospital stewards, superseded by the organization of the Hospital Corps by Act March 1, 1887, c. 311, post, under Rev. St. $ 1181; and the employment of contract surgeons, superseded by Act Feb. 2, 1901, c. 192, § 18, ante, following Rev. St. § 1094. See, also, note under Rev. St. $ 1168. ACT JULY 27, 1892, c. 270. An Act to Define the Grade of Certain Medical Officers of the Army, and for Other Purposes. (27 Stat. 276.) Grades of medical officers. Be it enacted, &c., That from and after the passage of this act the grade of certain medical officers of the Army below that of Surgeon- General shall be as follows: Those holding the rank of colonel, assistant surgeon-generals; those holding the rank of lieutenant- colonel, deputy surgeon-generals. Act July 27, 1892, c. 270, § 1, 27 Stat. 276. The officers referred to in this section, whose grades are defined thereby, were a chief medical purveyor, with the rank of colonel, and two assistant medical purveyors, with the rank of lieutenant- colonel, authorized by Rev. St. § 1168, and Act June 23, 1874, c. 458, § 4, 18 Stat. 244, and four surgeons with the rank of lieutenant- colonel, authorized by Act June 26, 1876, c. 146, 19 Stat. 61. See note under Rev. St. 8 1168. Examinations for promotion of assistant surgeons. Sec. 2. That before receiving the rank of captain of cavalry, as- sistant surgeons shall be examined, under the provisions of an act approved October first, eighteen hundred and ninety, entitled “An act to provide for the examination of certain officers of the Army and to regulate promotions therein.” Act July 27, 1892, c. 270, § 2, 27 Stat. 276. Act Oct. 1, 1890, c. 1241, referred to in this section, is set forth 836 (Secs. 1168–1172 Tit. 14—THE ARMY —Ch. 1. post, under Rev. St. $ 1204. Provisions for examination for appoint- ment as assistant surgeon and as surgeon were contained in Rev. St. § 1172. Assignment of medical officers to duty. Sec. 3. That medical officers of the Army may be assigned by the Secretary of War to such duties as the interests of the service may demand. Aet July 27, 1892, c. 270, $ 3, 27 Stat. 277. Repeal. Sec. 4. That all acts or parts of acts inconsistent with the provi- sions of this act are hereby repealed. Act July 27, 1892, c. 270, $ 4, 27 Stat. 277. Sec. 1169. [Medical officers;] right of command. Officers of the Medical Department of the Army shall not be en- titled, in virtue of their rank, to command in the line or in other staff corps. Act Feb. 11, 1847, c. 8, § 8, 9 Stat. 125. Sec. 1170. [Superseded. Act June 23, 1874, c. 458, § 4.] . This section made assistant surgeons who had served three years in the volunteer force eligible to promotion to the grade of captain. It was superseded by the clause of Act June 23, 1874, c. 458, § 4, set forth ante, under Rev. St. $ 1168, giving assistant surgeons the rank, pay, etc., of captain of cavalry after five years' service. A similar provision relating to service in the Volunteer Army during or since the war with Spain is contained in Act Feb. 2, 1901, c. 192, § 18, ante, following Rev. St. § 1094. Sec. 1171. [Superseded. Act July 27, 1892, C. 270, SS 1, 3.] This section provided for the assignment of the chief medical pur- veyor and the assistant medical purveyors authorized by Rev. St. S 1168, to duty as surgeons, when not acting as purveyors. It is super- seded by the provisions relating to the grades of medical officers, and authorizing their assignment to such duties as the interests of the service may demand, contained in Act July 27, 1892, c. 270, SS 1, 3, ante, under Rev. St. 8 1168. Sec. 1172. Examinations [for appointment as assistant surgeon and surgeon). No person shall receive the appointment of assistant surgeon un- less he shall have been examined and approved by an Army medical board, consisting of not less than three surgeons or assistant sur- geons, designated by the Secretary of War; and no person shall receive the appointment of surgeon unless he shall have served at least five years as an assistant surgeon in the Regular Army, and Secs. 1172-1175) - Tit. 14—THE ARMY-837 Ch. 1. shall have been examined and approved by an Army medical board, consisting of not less than three surgeons, designated as aforesaid. Act June 30, 1834, c. 133, § 1, 4 Stat. 714. Examination for promotion of all officers of the army under the rank of major is provided for by Act Oct. 1, 1890, c. 1241, post, under Rev. St. $ 1204, and assistant surgeons, before receiving the rank of captain of cavalry, are required to be examined under that act, by Act July 27, 1892, c. 274, § 2, ante, under Rev. St. $ 1168. Sec. 1173. [Superseded. Act July 27, 1892, c. 272, SS 1, 3.] Act March 3, 1873, c. 229, § 1, 17 Stat. 546. This section prescribed the duties of the chief medical purveyor authorized by Rev. St. § 1168. It is superseded by the provisions of Act July 27, 1892, c. 271, $$ 1, 3, ante, under Rev. St. § 1168. See note under Rev. St. § 1171. Sec. 1174. [As amended 1877.] Supervision of cooking. The officers of the Medical Department of the Army shall unite with the officers of the line under such rules and regulations as shall be prescribed by the Secretary of War in superintending the cooking done by the enlisted men; and the Surgeon-General shall promulgate to the officers of said corps such regulations and instructions as may tend to insure the proper preparation of the ration of the soldier. Act March 3, 1863, c. 78, § 8, 12 Stat. 744. Act Feb. 27, 1877, c. 69, 19 Stat. 243. The amendment of this section by Act Feb. 27, 1877, c. 69, cited above, consists in the insertion after the words "officers of the line" of the words "under such rules and regulations as shall be prescribed by the Secretary of War." Line officers are required to superintend the cooking done for the enlisted men, by Rev. St. § 1234. ACT JULY 5, 1884, c. 217. Medical officers to attend families of officers and soldiers. * * * That the medical officers of the Army and contract surgeons shall whenever practicable attend the families of the officers and sol- diers free of charge. Act July 5, 1884, c. 217, 23 Stat. 112. This is a proviso annexed to the appropriation for the Medical De- partment in the Army appropriation act for the year ending June 30, 1885, cited above. Sec. 1175. Sick-diet in hospital. Such quantities of fresh or preserved fruits, milk, butter, and eggs as may be necessary for the proper diet of the sick, may be allowed in hospitals. They shall be provided under such rules as the Sur- geon-General, with the approval of the Secretary of War, shall pre- .scribe. Act Aug. 3, 1861, c. 42, $ 14, 12 Stat. 289. 838 (Secs. 1176-1177 Tit. 14—THE ARMY —Ch. 1. Sec. 1176. [Superseded. Act March 3, 1879, C. 173.] This section incorporated a provision of Act May 28, 1872, c. 228, § 1, 17 Stat. 164, that every soldier of the Union Army who was ruptured while in the line of duty during the war for the suppression of the rebellion, should be entitled to receive a truss. It is super- seded by the amendment of the original provision by Act March 3, 1879, c. 173, set forth below. ACT MARCH 3, 1879, c. 173. An Act to Amend the Act Entitled "An Act to Provide for Fur- nishing Trusses to Disabled Soldiers,” Approved May twenty- eighth, eighteen hundred and seventy-two. (20 Stat. 353.) Trusses, to whom furnished. Be it enacted, &c., That section one of the act entitled "An act to provide for furnishing trusses to disabled soldiers," approved May twenty-eighth, eighteen hundred and seventy two, be, and the same is hereby, amended so that said section shall read as follows: That every soldier of the Union Army, or petty-officer, seaman, or marine in the naval service, who was ruptured while in the line of duty during the late war for the suppression of the rebellion, or who shall be so ruptured thereafter in any war, shall be entitled to re- ceive a single or double truss of such style as may be designated by the Surgeon-General of the United States Army as best suited for such disability; and whenever the said truss or trusses so furnished shall become useless from wear, destruction, or loss, such soldier, petty-officer, seaman, or marine shall be supplied with another truss on making a like application as provided for in section two of the original act of which this is an amendment: Provided, That such ap- plication shall not be made more than once in two years and six months; And provided further, That sections two and three of the said act of May twenty-eighth, eighteen hundred and seventy-two, sliall be construed so as to apply to petty-officers, seamen, and ma- rires of the naval service, as well as to soldiers of the Army. Act March 3, 1879, c. 173, 20 Stat. 353. This act, amending in terms Act May 28, 1872, c. 173, § 1, 17 Stat. 164, supersedes Rev. St. § 1176, in which that section was incorporated, and also extends the application of Rev. St. $S 1177, 1178, in which sections 2 and 3 of that act were incorporated, to men in the naval service. Provisions for furnishing artificial limbs, etc., to officers, soldiers, seamen, and marines, are contained in Rev. St. 4787. Sec. 1177. [Trusses,] application for. Application for such truss shall be made by the ruptured soldier, to an examining surgeon for pensions, whose duty it shall be to ex- amine the applicant, and when found to have a rupture or hernia, to prepare and forward to the Surgeon-General an application for such truss without charge to the soldier. Act May 28, 1872, c. 228, § 2, 17 Stat. 164. This section is to be construed to apply to petty officers, seamen, and Secs. 1178-1181) 839 Tit. 14—THE ARMY—Ch. 1. marines of the naval service, as well as to soldiers of the Army, by Act March 3, 1879, c. 173, ante, under Rev. St. § 1176. Sec. 1178. Trusses, purchase of. The Surgeon-General is authorized and directed to purchase the trusses required for such soldiers, at wholesale prices, and the cost of the same shall be paid upon the requisition of the Surgeon-Gen- eral out of any moneys in the Treasury not otherwise appropriated. Act May 28, 1872, c. 228, § 3, 17 Stat. 164. This section is to be construed to apply to petty officers, seamen, and marines of the naval service, as well as to soldiers of the Army, by Act March 3, 1879, c. 173, ante, under Rev. St. $ 1176. ACT MARCH 3, 1883, c. 93. Sales of medical supplies to civilian employés. * That civilian employees of the Army stationed at military posts may, under regulations to be made by the Secretary of War, pur- chase necessary medical supplies, prescribed by a medical officer of the Army, at cost, with ten per centum added. Act March 3, 1883, c. 93, 22 Stat. 459. This is a proviso annexed to the appropriation for purchase of med- ical and hospital supplies, in the Army appropriation act for the year ending June 30, 1884, cited above. * * Secs. 1179-1181. [Superseded. Act March 1, 1887, C. 311; Act Feb. 2, 1901, C. 192, § 18.] These sections provided for hospital stewards, one for each military post, and as many others as the service might require, to be graded in three classes; and like provisions were contained in Act June 23, 1874, c. 458, § 4, 18 Stat. 244. These provisions are superseded by the organization of the Hospital Corps, under Act March 1, 1877, c. 311, set forth below, and by the inclusion in the Medical Department of the “Hospital Corps, as now authorized by law," by Act Feb. 2, 1901, c. 192, $ 18, ante, following Rev. St. $ 1094. ACT MARCH 1, 1887, c. 311. [As amended 1892.] An Act to Organize the Hospital Corps of the Army of the United States, to Define its Duty and to Fix its Pay. (24 Stat. 435.) Hospital Corps, attached to Medical Department. Be it enacted, &c., That the Hospital Corps of the United States Army shall consist of hospital stewards, acting hospital stewards, and privates; and all necessary hospital services in garrison, camp, or field (including ambulance service) shall be performed by the mem- bers thereof, who shall be regularly enlisted in the military service; said Corps shall be permanently attached to the Medical Depart- ment, and shall not be included in the effective strength of the Army nor counted as a part of the enlisted force provided by law. Act March 1, 1887, c. 311, § 1, 24 Stat. 435. 840 (Sec. 1181 Tit. 14—THE ARMY - - Ch. 1. Hospital stewards; number. Sec. 2. That the Secretary of War is empowered to appoint as many hospital stewards as, in his judgment, the service may require; but not more than one hospital steward shall be stationed at any post or place without special authority of the Secretary of War. Act March 1, 1887, c. 311, § 2, 24. Stat. 435. The number of hospital stewards was limited to 100 by Act March 16, 1896, c. 59, but an increase, not to exceed an additional 100, was authorized by Act May 26, 1900, c. 586, set forth below; and, in addition to the 200 thus allowed, the appointment of 100 is author- ized by Act Feb. 2, 1901, c. 192, § 18, ante, following Rev. St. $ 1094. Hospital stewards; pay; rank. Sec. 3. That the pay of hospital stewards shall be forty-five dol- lars per month, with the increase on account of length of service as is now or may nereafter be allowed by law to other enlisted meu. They shall have rank with ordnance-sergeants and be entitled to all the allowances appertaining to that grade. Act March 1, 1887, c. 311, § 3, 24 Stat. 435. Hospital stewards; examination for appointment. Sec. 4. That no person shall be appointed a hospital steward un- less he shall have passed a satisfactory examination before a board of one or more medical officers as to his qualifications for the posi- tion, and demonstrated his fitness therefor by service of not less than twelve months as acting hospital steward; and no person shall be designated for such examination except by written authority of the Surgeon-General. Act March 1, 1887, c. 311, § 4, 24 Stat. 435. Privates of Hospital Corps; enlistment; duties. Sec. 5. That the Secretary of War is empowered to enlist, or 5 cause to be enlisted, as many privates of the Hospital Corps as the service may require, and to limit or fix the number, and make such regulations for their government as may be necessary; and any en- listed man in the Army shall be eligible for transfer to the Hospital Corps as a private. They shall perform duty as wardmasters, cooks, nurses, and attendants in hospitals, and as stretcher-bearers, litter- bearers, and ambuiance attendants in the field, and such other duties as may by proper authority be required of them. Act March 1, 1887, c. 311, § 5, 24 Stat. 435. Privates of Hospital Corps; pay and allowances. Sec. 6. That the pay of privates of the Hospital Corps shall be eighteen dollars per month, with the increase on account of length of service as is now or may hereafter be allowed by law to other enlisted men. They shall be entitled to the same allowance as a cor- poral of the arm of service with which they may be on duty. Act March 1, 1887, c. 311, $ 6, 24 Stat. 435. Act July 13, 1892, c. 162, 27 Stat. 120. The amendment of this section by Act July 13, 1892, c. 162, cited above, consists in an increase of the rate of pay from $13 per month, as originally provided, to $18 per month, and the insertion of the Secs. 1181-1182) 841 Tit. 14—THE ARMY - Ch. 1. words "they may be" before the words "on duty” at the end of the section. Provisions for the construction of quarters for hospital stewards are contained in Act Feb. 27, 1893, c. 168, post, following Rev. St. $ 3716. Acting hospital stewards; pay; examination for appointment as hos- pital stewards. Sec. 7. That privates of the Hospital Corps may be detailed as act- ing hospital stewards by the Secretary of War, upon the recommenda- tion of the Surgeon-General, whenever the necessities of the service require it; and while so detailed their pay shall be twenty-five dollars per month, with increase as above stated. Acting hospital stewards, when educated in the duties of the position, may be eligible for examination for appointment as hospital stewards as above provided. Act March 1, 1887, c. 311, § 7, 24 Stat. 435. Repeal. Sec. 8. That all acts and parts of acts in so far as they contravene the provisions of this act are hereby repealed. Act March 1, 1887, c. 311, § 8, 24 Stat. 436. This act supersedes the provisions of Rev, St. $$ 1179–1181, and of Act June 23, 1874, c. 458, § 4, 18 Stat. 244. ACT MARCH 16, 1896, c. 59. Hospital stewards; number limited. That there shall be no appointments of hospital stewards until the number of hospital stewards shall be reduced below one hundred, and thereafter the number of such officers shall not exceed one hun- dred. Act March 16, 1896, c. 59, 29 Stat. 61. This is a proviso annexed to the appropriation for pay of the Hos- pital Corps in the Army appropriation act for the year ending June 30, 1897, cited above. Additional appointments, not to exceed 100, are authorized by Act May 26, 1900, c. 586, set forth below. ACT MAY 26, 1900, c. 586. Hospital stewards; additional appointments. That the Secretary of War is empowered to appoint as many hospital stewards as in his judgment the service may require, not to exceed an additional one hundred, but no more than one hospital steward shall be stationed at one post or station without special au- thority from the Secretary of War. Act May 26, 1900, c. 586, 31 Stat. 210. This is a proviso annexed to the appropriation for pay of contract surgeons in the Army appropriation act for the year ending June 30, 1901. A further increase of 100 is authorized by Act Feb. 2, 1901, c. 192, § 18, ante, following Rev. St. 8 1094. Sec. 1182. [Superseded. Act Feb. 2, 1901, C. 192, § 21.] This section prescribed the organization of the Pay Department au- thorized by Rev. St. § 1094. It is superseded, with subsequent pro- visions relating to the organization of the department, by Act Feb. 2, 842 (Secs. 1183-1188 Tit. 14—THE ARMY —Ch. 1. 1901, c. 192, & 21, ante, following Rev. St. § 1094. See note under section 21 of that act. Sec. 1183. [Officers of Pay Department;] right of command. Officers of the Pay Department shall not be entitled, in virtue of their rank, to command in the line or in other staff corps. Act March 3, 1847, c. 61, § 13, 9 Stat. 185. Sec. 1184. Additional paymasters. When volunteers or militia are called into the service of the Unit- ed States, and the officers of the Paymaster's Department are not deemed by the President sufficient for the punctual payment of the troops, he may appoint, by and with the advice and consent of the Senate, and add to said corps as many paymasters, to be called ad- ditional paymasters, with the rank of major, not exceeding one for every two regiments of volunteers or militia, as he niay deem nec- essary. Act July 5, 1838, c. 162, § 25, 5 Stat. 259. Sec. 1185. Additional paymasters; service temporary. Additional paymasters shall be retained in service only so long as they may be required for the payment of volunteers and militia, as provided herein. Act July 5, 1838, c. 162, § 25, 5 Stat. 259. Sec. 1186. Duties of Paymaster-General. The Paymaster-General shall perform the duties of his office under the direction of the President. Act March 16, 1802, c. 9, § 16, 2 Stat. 135. Sec. 1187. Duties of deputy paymasters-general. The deputy paymasters-general shall, in addition to paying troops superintend the payment of armies in the field. Act March 3, 1847, c. 61, $$ 12, 22, 9 Stat. 185. Act July 19, 1848, c. 104, § 3, 9 Stat. 247. Act March 2, 1849, c. 80, 9 Stat. 350. Act July 28, 1866, c. 299, $ 18, 14 Stat. 335. Sec. 1188. Duties of paymasters. The paymasters and additional paymasters shall pay the regular troops, and shall pay all other troops in the service of the United States, when required to do so by order of the President. Act April 24, 1816, c. 69, § 4, 3 Stat. 298. July 14, 1832, c. 224, § 4, 4 Stat. 582. Ac July 5, 1838, c. 162, § 25, 5 Stat. 259. Secs. 1188-1190) 843 Tit. 14—THE ARMY-Ch. 1. ACT AUG. 30, 1890, c. 837, 8 1. Payment to enlisted men of Signal Corps. * * That the pay of the enlisted men, including the items of com- mutation of quarters, and commutation of fuel, shall be paid monthly to each enlisted man entitled thereto by one check upon one properly certified voucher. Act Aug. 30, 1890, c. 837, § 1, 26 Stat. 400. This is the last of several provisos annexed to appropriations for pay, etc., of officers and enlisted men of the Signal Corps, under the heading "Signal Service,” in the sundry civil appropriation act for the year ending June 30, 1901, cited above. All the provisos preceding this relate in terms to the Signal Service or Signal Corps, and this proviso appears not to have been intended to have any different ap- plication. The act was passed before the reorganization of the Signal Corps as part of the military establishment by Act Oct. 1, 1890, c. 1266, post, under Rev. St. $8 1195, 1196. ACT FEB. 27, 1893, c. 168. Payment of enlisted men where no paymaster on duty. * * * That hereafter the Secretary of War is also authorized to ar- range for the payment of the enlisted men serving at posts or places where no paymaster is on duty, by check or by currency, to be sent to them by mail or express, at the expense and risk of the United States. Act Feb. 27, 1893, c. 168, 27 Stat. 479. This is a proviso in the Army appropriation act for the year ending June 30, 1894, cited above. The same provision, except the word "hereafter," was contained in the similar appropriation act for the preceding year, Act July 16, 1892, c. 195, 27 Stat. 175. Sec. 1189. Periods of payment. The Army shall be paid in such manner that the arrears shall at no time exceed two months, unless circumstances shall render further arrears unavoidable. Act March 16, 1802, c. 9, § 13, 2 Stat. 135. Provisions for payment of officers in monthly payments are contained in Rey. St. $ 1268. Sec. 1190. Paymasters' clerks. Paymasters and additional paymasters shall be allowed a capable non-commissioned officer or private as clerk. When suitable non- commissioned officers or privates cannot be procured from the line of the Army, they are authorized, by and with the approbation of the Secretary of War, to employ citizens as clerks, at a salary of twelve hundred dollars a year. Act April 24, 1816, c. 69, 83, 3 Stat. 297. Act July 5, 1838, c. 162, 8 20, 5 Stat. 259. Act June 20, 1864, c. 145, § 10, 13 Stat. 145. The pay of paymasters' clerks is increased, with additional pay for length of service, by a provision of Act May 26, 1900, c. 586, set forth below. 844 (Secs. 1190-1193 Tit. 14-THE ARMY - Ch. 1. ACT MAY 26, 1900, c. 586. Pay of paymasters' clerks. That hereafter the pay of Army paymasters' clerks who have serv- ed as such over fifteen years shall be one thousand eight hundred dollars per annum; the pay of Army paymasters' clerks who have served as such over ten years shall be one thousand six hundred dollars each per annum; the pay of Army paymasters' clerks who have served as such over five years shall be one thousand five hun- died dollars each per annum; the pay of other Army paymasters' clerks shall be one thousand four hundred dollars each per annum. Act May 26, 1900, c. 586, 31 Stat. 209. This is a proviso annexed to the appropriation for pay of pay- masters' clerks in the Army appropriation act for the year ending June 30, 1901, cited above. Sec. 1191. [As amended 1877.] Bonds of disbursing officers, by whom to be given. All officers of the Quartermaster's, Subsistence, and Pay Depart- ments, the chief medical purveyor and assistant medical purveyors, and all store-keepers shall, before entering upon the duties of their respective offices, give good and sufficient bonds to the United States, in such sums as the Secretary of War may direct, faithfully to account for all public moneys and property which they may receive. The President may, at any time, increase the sums so prescribed. But the Quartermaster General shall not be liable for any money or prop- erty that may come into the hands of the subordinate officers of his department. Act April 24, 1816, c. 69, § 6, 3 Stat. 298. Act May 15, 1820, c. 102, § 3, 3 Stat. 582. Act Aug. 23, 1842, c. 186, § 2, 5 Stat. 512. Act June 17, 1846, c. 28, § 2, 9 Stat. 17. Act March 3, 1857, c. 106, $ 2, 11 Stat. 203. Act July 17, 1862, c. 201, $ 16, 12 Stat. 600. Act July 28, 1866, c. 299, § 17, 14 Stat. 334. Act Feb. 27, 1877, c. 69, 19 Stat. 243. The amendment of this section by Act Feb. 27, 1877, c. 69, cited above, consists in the addition at the end of the section of the clause relieving the Quartermaster-General from liability for money or prop- erty in the hands of subordinate officers. Provisions for inspection of disbursements by disbursing officers of the Army, their accounts and deposits, are contained in Act April 20, 1874, c. 117, ante, following Rev. St. 8 216. Sec. 1192. Renewing bonds of paymasters. All disbursing officers of the Pay Department shall renew their bonds, or furnish additional security, at least once in four years, and as much oftener as the President may direct. Act March 2, 1849, c. 80, 9 Stat. 350. Sec. 1193. Chiefs of corps and departments, how selected. The * [Parts of section omitted superseded. Act Feb. 2, Secs. 1193-1194) 845 Tit. 14—THE ARMYCh. 1. 1901, C. 192, § 26] Surgeon-General, the Chief of Engineers, shall be appointed by selection from the corps to which they belong. Act July 28, 1866, c. 299, § 23, 14 Stat. 336. This section as originally enacted provided that the Adjutant-Gen- eral, the Quartermaster-General, the Commissary-General of Subsist- ence, the Surgeon-General, the Chief of Engineers, the Chief of Ord- nance, and the Paymaster-General, should be appointed by selection from the corps to which they belong. It is superseded, as to all these officers except the Surgeon-General and the Chief of Engineers, by the provisions of Act Feb. 2, 1901, c. 192, $ 26, ante, following Rev. St. § 1094, that, "when vacancies shall occur in the position of chief of any staff corps or department,” officers of the Army at large not below the rank of lieutenant-colonel may be appointed thereto, who shall hold office for terms of four years: “provided, that so long as there remain in service officers of any staff corps or department hold- ing permanent appointments, the chief of such staff corps or department shall be selected from the officers so remaining therein." This mode of selection from officers of the Army at large is clearly applicable to the Chiefs of the Adjutant-General's Department, Inspector-General's Department, the Quartermaster's Department, the Subsistence Depart- ment, the Pay Department, the Ordnance Department, and the Signal Corps, in which, by preceding provisions of the same section, no more permanent appointments are to be made, and any vacancies except that of chief which cannot be filled by promotion of officers still re- maining holding permanent appointments, shall be filled by detail from the line of the Army, from the grade in which the vacancies exist, for a term of four years. But by section 22 of that act, “the Chief of Engineers shall be selected as now provided by law”; and in the Corps of Engineers, and also in the Judge-Advocate-General's De- partment and in the Medical Department, vacancies in the higher grades are to be filled by promotion according to seniority, and vacan- cies in the lower grades by permanent transfers or appointments, un- der the provisions of sections 15, 18, and 22 of said Act Feb. 2, 1901, relating to such departments and corps, respectively, and the general provisions of Act Oct. 1, 1890, c. 1241, post, under Rev. St. $ 1204, so that the Judge-Advocate-General, the Surgeon-General, and the Chief of Engineers may be selected, each, from officers holding permanent ap- pointments in their respective departments or corps. Sec. 1194. [Repealed. Act June 23, 1874, c. 458, § 8; Act March 3, 1875, C. I 26, § 4; Act March 3, 1875, C. 142; Res. March 3, 1875, No. 7; Act March 3, 1877, C. 100.] This section provided that, until otherwise directed by law, there should be no new appointments and no promotion in the departments of Adjutant-General or of Inspector-General, or in the Pay, Quarter- master's, Subsistence, Ordnance, or Medical Departments; incorporat- ing a provision of Act March 3, 1869, c. 124, § 6, 15 Stat. 318. So much of that provision as applied to the Ordnance, Subsistence, and Medical Departments was repealed by Act June 23, 1874, c. 458, § 8, 18 Stat. 245; so much as applied to the Quartermaster's Department, by Act March 3, 1875, c. 126, § 4, 18 Stat. 339; and so much as ap- plied to the Adjutant-General's Department, by Act March 3, 1875, c. 142, 18 Stat. 478; so much of it as applied to paymasters of the rank of major was repealed by Res. March 3, 1875, No. 7, 18 Stat. 524; and the section was wholly repealed by Act March 3, 1877, c. 100, 19 Stat. 270, referring to it as "now applying only to grades in the Pay Department of the Army above the rank of major." 846 (Secs. 1195-1196 Tit. 14—THE ARMY_Ch. 1. Sec. 1195. [Superseded. Act Oct. 1, 1890, C. 1266; Act Feb. 2, 1901, C. 192, § 24.] This section prescribed the rank and duties of the Chief Signal Officer authorized by Rev. St. § 1094. The rank and pay of a brigadier general were given to him by Act June 16, 1880, c. 235, 21 Stat. 267, and continued by Act March 2, 1899, c. 352, § 7, 30 Stat. 979, and by Act Feb. 2, 1901, c. 192, $ 24, ante, following Rev. St. $ 1094. His duties are prescribed, and are limited, with the operations of the Signal Corps, to strictly military matters, by Act Oct. 1, 1890, c. 1244, § 2, set forth below, the civilian duties performed by the Signal Corps previous to that act having been transferred to the Weather Bureau in the Department of Agriculture by other provisions of the same act, ante, under Title XII, “The Department of Agriculture,” c. B. ACT OCT. 1, 1890, c. 1266, § 2. Chief Signal Officer; duties. That the Chief Signal Officer shall have charge, under the direc- tion of the Secretary of War, of all military signal duties, and of books, papers, and devices connected therewith, including telegraph and telephone apparatus and the necessary meteorological instru- ments for use on target ranges, and other military uses; the con- struction, repair, and operation of military telegraph lines, and the duty of collecting and transmitting information for the Army by tele- graph or otherwise, and all other duties usually pertaining to mili- tary signaling; and the operations of said corps shall be confined to strictly military matters. Act Oct. 1, 1890, c. 1266, § 2, 26 Stat. 653. Annual appropriations for the Signal Service before the transfer of the Weather Bureau to the Department of Agriculture contained pro- visions that "the work of no other department, bureau, or commission authorized by law shall be duplicated by this bureau." Act Aug. 7, 1882, c. 433, 22 Stat. 318, Act July 7, 1884, c. 332, 23 Stat. 217, Act March 3, 1885, c. 360, 23 Stat. 504, which may be regarded as super- seded by this section and section 3 of this act, ante, under Title XII, "The Department of Agriculture," c. B. Provisions permitting commercial business to be done over military telegraph and cable lines in Alaska are contained in Act May 26, 1900, C. 586, 31 Stat. 205. Sec. 1196. [Superseded. Act Oct. 1, 1890, C. 1266, $$ 6–8; Act Feb. 2, 1901, c. 192, § 24.] This section provided for the detail of officers and men from the Corps of Engineers for signal duty. It was superseded, with subse- quent provisions relating to the officers and men so detailed and the organization of the Signal Service on that basis, by Act Oct. 1, 1890, c. 1266, S8 6–8, 26 Stat. 654, which prescribed the organization of the commissioned force and the enlisted force of the Signal Corps. But those sections, also, with later provisions relating to the organization of the corps, are superseded by Act Feb. 2, 1901, c. 192, § 24, ante, following Rev. St. 8 1094. See note under section 24 of that act. Sec. 1197) 847 Tit. 14—THE ARMY--Ch. 1. Sec. 1197. Signal-detail to be mounted. Enlisted men detailed for signal-duty shall, when it is deemed nec- essary, be mounted on horses provided by the government. Act July 28, 1866, c. 299, § 22, 14 Stat. 335. The enlisted men mentioned in this section are those detailed from the battalion of engineers for signal duty, under Rev. St. $ 1196. The provision may be regarded as applicable to enlisted men of the Signal Corps, as constituted under later statutes, referred to in the note under Rev. St. $ 1196. ACT AUG. 30, 1890, c. 837, § 1. Disbursements for Signal Service. * * That all appropriations made for the support of the Signal Service or Corps shall be disbursed under the direction of the Secre- tary of War, by the regularly bonded officer who is now and may be hereafter detailed by the Secretary of War for duty as disbursing officer of the Signal Service. Act Aug. 30, 1890, c. 837, 26 Stat. 399. This is a proviso annexed to the appropriations for the Signal Service for the fiscal year ending June 30, 1891, in the sundry civil appro- priation act cited above. And similar provisions annexed to the ap- propriations for the expenses of the Signal Service, etc., for the fiscal year following, included in the Army appropriation act for that year, passed after the reorganization of the Signal Corps by Act Oct. 1, 1890, c. 1266, in accordance with section 9 of that act, requiring such appropriations to be made with those of other staff corps of the Army, ante, under Title XII, “The Department of Agriculture," c. B, are set forth below. A further proviso following that set forth here, that all accounts of such disbursements should be audited and adjusted by the Third Auditor and Second Comptroller of the Treasury, is superseded by the provisions changing the designation and duties of the officers and the system of accounting in the Treasury, contained in Act July 31, 1894, c. 174, $$ 3-12, ante, under Rev. St. 8 277. Previous provisions of appropriation acts, that appropriations for the Signal Service should be expended under the direction of the Secretary of War, Act Aug. 7, 1882, c. 433, 22 Stat. 319, and that no money should be paid out of the appropriations for the Army, other than the pay of officers, for service therein, except sums specifically appro- priated therefor, Act March 3, 1885, c. 339, 23 Stat. 356, may be regarded as superseded by the provisions of Act Oct. 1, 1890, c. 1266, ante, under Title XII, "The Department of Agriculture,” c. B. * * * * ACT FEB. 24, 1891, c. 284. Disbursements for Signal Service and military telegraph lines. For expenses of the Signal Service of the Army, as follows: For the maintenance and repair of military telegraph lines, Provided, That the appropriations made by the two preceding paragraphs shall be disbursed by a bonded officer, to be designated from time to time by the Secretary of War. Act Feb. 24, 1891, c. 284, 26 Stat. 779. These paragraphs, with the proviso annexed, are contained in the Army appropriation act for the fiscal year ending June 30, 1892, cited above. See note under similar proviso of Act Aug. 30, 1890, c. 837, set forth above. * * 848 (Secs. 1198-1202 Tit. 14— THE ARMY -- - Ch.1. Sec. 1198. [Superseded. Act July 5, 1884, c. 218; Act Feb. 2, 1901, C. 192, § 15.] This section prescribed the organization of the Bureau of Military Justice authorized by Rev. St. $ 1094, and the rank of the Judge- Advocate-General and the assistant judge-advocate-general constituting the bureau. The Judge-Advocate-General alone was included in the reorganization of the bureau by Act June 23, 1874, c. 458, § 2, 18 Stat. 244. These provisions were superseded by Act July 5, 1884, c. 218, 23 Stat. 113, which consolidated the bureau and the Corps of Judge-Advocates under the title of “Judge-Advocate-General's Depart- ment.” And the provisions of that act are superseded by Act Feb. 2, 1901, c. 192, § 15, prescribing the reorganization of the department. See note under section 15 of that act. Sec. 1199. Duties of Judge-Advocate-General. The Judge-Advocate-General shall receive, revise, and cause to be recorded the proceedings of all courts-martial, courts of inquiry, and military commissions, and perform such other duties as have been performed heretofore by the Judge-Advocate-General of the Army. Act July 28, 1866, c. 299, § 12, 14 Stat. 334. Sec. 1200. [Superseded. Act July 5, 1884, C. 218; Act Feb. 2, 1901, C. 192, $ 15.] This section provided that there should be eight judge-advocates, with the rank of major of cavalry. Provisions for the reduction of the number to four were made by Act June 23, 1874, c. 458, § 2, 18 Stat. 244. The corps was consolidated with the Bureau of Military Justice under the title of "Judge-Advocate-General's Department, by Act July 5, 1884, c. 218, 23 Stat. 113. All these provisions are superseded by Act Feb. 2, 1901, c. 192, § 15, prescribing the organiza- tion of the department. See note under section 15 of that act. Sec. 1201. Duties of judge-advocates. Judge-advocates shall perform their duties under the direction of the Judge-Advocate-General. Act July 28, 1866, c. 299, § 12, 14 Stat. 334. Sec. 1202. Witnesses compelled to attend. Every judge-advocate of a court-martial shall have power to issue the like process to compel witnesses to appear and testify which courts of criminal jurisdiction within the State, Territory, or Dis- trict where such military courts shall be ordered to sit, may lawfully issue. Act March 3, 1863, c. 79, $ 25, 12 Stat. 754. Authority to administer oaths is conferred on judge-advocates by Act July 27, 1892, c. 272, § 4, set forth below. Provisions relating to courts-martial and other military courts are contained in the Articles of War, Rev. St. S 1342. Secs. 1202-1204) 849 Tit. 14—THE ARMY —Ch. 1. ACT JULY 27, 1892, c. 272, $ 4. Administration of oaths. That judge-advocates of departments and of courts-martial, and the trial officers of summary courts, are hereby authorized to ad- minister oaths for the purposes of the administration of military jus- tice, and for other purposes of military administration. Act July 27, 1892, c. 272, § 4, 27 Stat. 278. The summary courts mentioned in this section are provided for by Act Oct. 1, 1896, c. 1259, § 1, under Rev. St. § 1342. Sec. 1203. Reporter. The judge-advocate of a military court shall have power to ap- point a reporter, who shall record the proceedings of, and testimony taken before, such court, and may set down the same, in the first instance, in short-hand. The reporter shall, before entering upon his duty, be sworn, or affirmed, faithfully to perform the same. Act March 3, 1863, c. 75, $ 28, 12 Stat. 736. OF PROMOTIONS, BREVETS, AND CERTIFICATES OF MERIT. Sec. 1204. [Superseded. Act Oct. 1, 1890, C. 1241; Act Feb. 2, 1901, C. 192, $S 26–28.] This section provided that promotion in the line should be made through the whole Army, in its several lines of artillery, cavalry, and infantry, respectively, and in the staff, in the several departments and corps, respectively. It is superseded, with subsequent provisions re- lating to promotions in particular staff departments and corps, by Act Oct. 1, 1890, c. 1241, set forth below, under which promotion is by seniority, subject to the examination prescribed, with a proviso ex- cepting officers in the line then above the grade of second lieutenant; and by the provisions of Act Feb. 2, 1901, c. 192, $$ 26–28, ante, following Rev. St. $ 1094, for filling vacancies in the staff by details from the line, and for promotion to fill vacancies thus caused. ACT OCT. 1, 1890, c. 1241. [As amended 1892.] An Act to Provide for the Examination of Certain Officers of the Army and to Regulate Promotions therein. (26 Stat. 562.) Promotions by seniority, subject to examination. Be it enacted, &c., That hereafter promotion to every grade in the Army below the rank of brigadier-general, throughout each arm, corps, or department of the service, shall, subject to the examination hereinafter provided for, be made according to seniority in the next lower grade of that arm, corps, or department: Provided, That in the line of the Army all officers now above the grade of second lieu- tenant shall, subject to such examination, be entitled to promotion in accordance with existing laws and regulations. Act Oct. 1, 1890, c. 1241, § 1, 26 Stat. 562. By provisions of Act Feb. 2, 1901, c. 192, § 26, no more permanent appointments are to be made in several of the staff departments and LAWS '01-54 850 (Sec. 1204 Tit. 14—THE ARMY —Ch. 1. corps, and officers already holding permanent appointments therein are to be promoted according to seniority in the several grades, and any vacancy which cannot be filled by such promotion is to be filled by detail from the line of the Army. Assignments of officers to regiments; transfers; appointments in the line. Sec. 2. That officers of grades in each arm of the service shall be assigned to regiments, and transferred from one regiment to another, as the interests of the service may require, by orders from the War Department, and hereafter all appointments in the line of the Army shall be by commission in an arm of the service and not by commis- sion in any particular regiment. Act Oct. 1, 1890, c. 1241, § 2, 26 Stat. 562. Examinations for promotion. Sec. 3. That the President be, and he is hereby, authorized to pre- scribe a system of examination of all officers of the Army below the rank of major to determine their fitness for promotion, such an ex- amination to be conducted at such times anterior to the accruing of the right to promotion as may be best for the interests of the service: Provided, That the President may waive the examination for pro- motion to any grade in the case of any officer who in pursuance of existing law has passed a satisfactory examination for such grade prior to the passage of this act: And provided, That if any officer fails to pass a satisfactory examination and is reported unfit for pro- motion, the officer next below him in rank, having passed said ex- amination, shall receive the promotion: And provided, That should the officer fail in his physical examination and be found incapacitated for service by reason of physical disability contracted in line of duty he shall be retired with the rank to which his seniority entitled him to be promoted; but if he should fail for any other reason he shall be suspended from promotion for one year, when he shall be re- examined, and in case of failure on such re-examination he shall be honorably discharged with one year's pay from the Army: And pro- vided further, That the examination of officers appointed in the Army from civil life, or of officers who were officers of volunteers only, or were officers of the militia of the several States called into the service of the United States, or were enlisted men in the regular or volunteer service, either in the Army, Navy, or Marine Corps, during the war of the rebellion, shall be conducted by boards composed en- tirely of officers who were appointed from civil life or of officers who were officers of volunteers only during said war, and such examination shall relate to fitness for practical service and not to technical and scientific kn )wledge; and in case of failure of any such officer in the re-examination hereinbefore provided for, he shall be placed upon the re'ired list of the Army; and no act now in force shall be so construed as to limit or restrict the retirement of officers as herein provided for. And provided further, That officers entitled by this section to examination by a board composed entirely of officers who were appointe 1 from civil life, or who were officers of volunteers only during the war, may, by written waiver filed with the War Depart- Secs. 1204-1205) 851 Tit. 14—THE ARMY-Ch. 1. ment, relinquish such right, in which case the examination of such officers shall be conducted by boards composed as shall be directed by the Secretary of War. Act Oct. 1, 1890, c. 1241, $ 3, 26 Stat. 562. Act July 27, 1892, c. 269, § 1, 27 Stat. 276. The amendment of this section by Act July 27, 1892, c. 269, cited above, consists in the addition of the further proviso, at the end of the section as set forth here, relating to the waiver of the right to examination by officers appointed from civil life, or who were officers of volunteers only. Special provisions relating to examination of offi- cers of the Corps of Engineers and Ordnance Department are contained in section 2 of the same act, set forth below. ACT JULY 27, 1892, c. 269. An Act Amending the Act of October first, Eighteen Hundred and Ninety, Entitled “An Act to Provide for the Examination of Certain Officers of the Army and to Regulate Promotions There- in.” (27 Stat. 276.) Be it enacted, etc. [Section 1 amends Act Oct. 1, 1890, c. 1241, $ 3.] This section amends Act Oct. 1, 1890, c. 1241, § 3, by adding thereto a further proviso which is incorporated in that act as set forth above. Examination of officers of Corps of Engineers and Ordnance Depart- ment. Sec. 2. That the examination of officers of the Corps of Engineers and Ordnance Department who were officers or enlisted men in the regular or volunteer service, either in the Army, Navy, or the Marine Corps, during the war of the rebellion, shall be conducted by boards composed in the same manner as for the examination of other officers of their respective corps and department; and the examinations shall embrace the same subjects prescribed for all other officers of similar grades in the Corps of Engineers and Ordnance Department, re- spectively. Act July 27, 1892, c. 269, $ 2, 27 Stat. 276. Provisions for the examination of officers in the Corps of Engineers and the Ordnance Department were contained in Rev. St. $$ 1206-1208; but those sections and subsequent provisions relating to the subject are superseded by Act Oct. 1, 1890, c. 1241, set forth above, and by the provisions of Act Feb. 2, 1901, c. 192, 88 22, 23, 26-28, ante, fol- lowing Rev. St. 8 1094. Sec. 1205. [Superseded. Act Feb. 2, 1901, C. 192, $$ 26-28.] This section provided that officers might be transferred from the line to the staff without prejudice to rank or promotion in the line, but that no officer should hold at the same time appointments in both conferring equal rank. It is superseded by the provisions of Act Feb. 2, 1901, c. 192, 88 26-28, ante, following Rev. St. § 1094, for filling vacancies in the staff by details from the line for a period of four years. Provisions making officers of the Regular Army eligible for staff appointment in the Volunteer Army are contained in Act April 22, 1898, c. 187, § 10, as amended by Act May 28, 1898, c. 367, at end of this chapter. 852 (Secs. 1206-1211 Tit. 14—THE ARMY —Ch. 1. Secs. 1206-1208. [Superseded. Act Oct. 1, 1890, C. 1241; Act Feb. 2, ICOI, C. 192, $$ 22, 26-28.] These sections contained special provisions relating to examination for promotion of officers of the Corps of Engineers and of the Ordnance Department below the rank of field officer; and similar provisions as to the Ordnance Department were made by Act June 23, 1874, c. 458, § 5, 18 Stat. 245. All these provisions are superseded by the general provisions of Act Oct. 1, 1890, c. 1241, ante, under Rev. St. $ 1204, and of Act Feb. 2, 1901, c. 192, $S 26-28, ante, following Rev. St. $ 1094, and, as to the Corps of Engineers, by the special provisions of section 22 of the act last mentioned. Sec. 1209. Brevets. The President, by and with the advice and consent of the Senate, may, in time of war, confer commissions by brevet upon commis- sioned officers of the Army, for distinguished conduct and public service in presence of the enemy. Act July 6, 1812, c. 137, 8 4, 2 Stat. 785. Act April 16, 1818, c. 64, $ 2, 3 Stat. 427. Act March 1, 1869, c. 52, § 2, 15 Stat. 281. Further provisions for appointment to brevet rank are contained in Act Feb. 27, 1890, c. 20, and Act Feb. 16, 1897, c. 234, post, follow- ing Rev. St. § 1212. Sec. 1210. Date of brevet commission. Brevet commissions shall bear date from the particular action or service for which the officers were brevetted. Act March 1, 1869, c. 52, § 2, 15 Stat. 281. Brevet commissions for services against Indians, under Act Feb. 27, 1890, c. 20, § 2, post, following Rev. St. § 1212, bear date only from the passage of the act. Sec. 1211. Assignment to duty according to brevet rank. Officers may be assigned to duty or command according to their brevet rank by special assignment of the President; and brevet rank shall not entitle an officer to precedence or command except when so assigned Act April 16, 1818, c. 64, § 1, 3 Stat. 427. Act March 3, 1869, c. 124, § 7, 15 Stat. 318. Officers are to be assigned to duty or command according to brevet rank only when actually engaged in hostilities, by a provision of Act March 3, 1883, c. 93, § 1, set forth below. ACT MARCH 3, 1883, c. 93, & 1. Assignment to duty according to brevet rank only during hostilities. That officers of the Army shall only be assigned to duty or Secs. 1211-1212) 853 Tit. 14—THE ARMY-Ch. 1. command according to their brevet rank when actually engaged in hostilities. Act March 3, 1883, c. 93, § 1, 22 Stat. 457. This is a proviso annexed to the appropriation for pay of the Army in the Army appropriation act for the fiscal year ending June 30, 1884, cited above. Sec. 1212. Uniform and title. No officer shall be entitled, on account of having been brevetted, to wear, while on duty, any uniform other than that of his actual rank; and no officer shall be addressed in orders or official com- munications by any title other than that of his actual rank. Act July 15, 1870, c. 294, § 16, 16 Stat. 319. Privileges as to wearing uniforms and badges are allowed to officers honorably discharged, etc., or retired, by Rev. St. $$ 1226, 1227, and other provisions collected or referred to under these sections. ACT FEB. 27, 1890, c. 20. An Act to Authorize the President to Confer Brevet Rank on Officers of the United States Army for Gallant Services in In- dian Campaigns. (26 Stat. 13.) Brevets for services against Indians. Be it enacted, &c., That the President of the United States be, and he is hereby, authorized and empowered, at his discretion, to nominate, and by and with the advice and consent of the Senate, to appoint to brevet rank all officers of the United States Army, now on the active or retired list, who by their department commander, and with the concurrence of the commanding general of the Army, have been or may be recommended for gallant service in action against hostile Indians since January first, eighteen hundred and sixty- seven. Act Feb. 27, 1890, c. 20, § 1, 26 Stat. 13. Date of brevet commission. Sec. 2. That such brevet commissions as may be issued under the provisions of this act shall bear date only from the passage of this act: Provided, however, that the date of the particular heroic act for which the officer is promoted shall appear in his commission. Act Feb. 27, 1890, c. 20, § 2, 26 Stat. 13. Brevet to confer no privilege of precedence or command. Sec. 3. That brevet rank shall be considered strictly honorary, and shall confer no privilege of precedence or command not already pro- vided for in the statutes which embody the rules and articles govern- ing the Army of the United States. Act Feb. 27, 1890, c. 20, § 3, 26 Stat. 14. General provisions relating to precedence or command by brevet rank are contained in Rev. St. $ 1211. 854 (Secs. 1212-1213 Tit. 14--THE ARMY_Ch. 1. Repeal. Sec. 4. That all laws and clauses of laws in conflict with this act are hereby repealed. Act Feb. 27, 1890, c. 20, § 4, 26 Stat. 14. ACT FEB, 16, 1897, c. 234. An Act to Provide for Appointment by Brevet of Active or Re- tired Officers of the United States Army. (29 Stat. 530.) Brevets for service in volunteer forces. Be it enacted, &c., That all officers of the Regular Army of the United States, active or retired, who served in the volunteer forces during the late war, may, at the discretion of the President, receive a brevet in the Regular Army equal to the highest rank held or the highest brevet received in the said volunteer forces and be commis- sioned accordingly as of the date of such brevet: Provided, That they have not already received a brevet of equal or higher grade in the Regular Army. Act Feb. 16, 1897, c. 234, 29 Stat. 530. Sec. 1213. [Superseded. Act May 17, 1886, c. 338.] , This section provided that any graduate of the Military Academy should be considered a candidate for a commission in any corps for whose duties he might be deemed competent, and, if there should be no vacancy in such corps, he might be attached to it as a super- numerary officer by brevet of second lieutenant, until a vacancy should happen. All vacancies in the grade of second lieutenant were re- quired to be filled by appointment of such graduates, so long as any should remain in service unassigned, by a provision of Act June 18, 1878, c. 263, § 3, post, following Rev. St. § 1215. This section is superseded by the provisions relating to the same subject of Act May 17, 1886, c. 338, set forth below. ACT MAY 17, 1886, c. 338. An Act to Regulate the Promotion of Graduates of the United States Military Academy. (24 Stat. 50.) Graduates of Military Academy to be commissioned second lieutenants or additional second lieutenants. Be it enacted, &c., That when any cadet of the United States Mil- itary Academy has gone through all its classes and received a regu- lar diploma from the academic staff, he may be promoted and com- missioned as a second lieutenant in any arm or corps of the Army in which there may be a vacancy and the duties of which he may have been judged competent to perform; and in case there shall not at the time be a vacancy in such arm or corps, he may, at the dis- cretion of the President, be promoted and commissioned in it as an additional second lieutenant, with the usual pay and allowances of a second lieutenant until a vacancy shall happen. Act May 17, 1886, c. 338, 24 Stat. 50. This act supersedes Rev. St. $ 1213. Further provisions for appoint- ment of graduates to vacancies in the Corps of Engineers are con- Secs. 1214-1215) 835 Tit. 14—THE ARMY —Ch. 1. tained in Act Feb. 2, 1901, c. 192, $ 22, ante, following Rev. St. $ 1094, and provisions for reserving vacancies created by that act in the cavalry, artillery, and infantry, to be filled by such appointments, are contained in section 28 of that act, also set forth ante, following Rev. St. $ 1094. Sec. 1214. [Superseded. Act July 30, 1892, c. 328.] This section provided that non-commissioned officers might be ex- amined for appointment as second lieutenants in any corps of the line for which they might be found qualified, and, if there should be no vacancy in any such corps, any non-commissioned officer so found qualified might be attached to it as a supernumerary officer by brevet of second lieutenant; and any vacancies in the grade of second lieu- tenant remaining after the appointment of graduates of the Military Academy were required to be filled by promotion of meritorious non- commissioned officers, by Act June 18, 1870, c. 263, $$ 3, 4, 20 Stat. 150. But these provisions are superseded by the more comprehensive provisions of Act July 30, 1892, c. 328, post, following Rev. St. § 1215, section 5 of which act expressly repeals sections 3 and 4 of Act June 18, 1878, c. 263, providing for the promotion of meritorious non-com- missioned officers. Sec. 1215. [Superseded. Act May 17, 1886, c. 338; Act July 30, 1892, c. 328.] This section provided that only one supernumerary officer should be attached to any company at the same time under Rev. St. $$ 1213, 1214. See notes under those sections. ACT JUNE 18, 1878, c. 263, $ 3. Appointment of second lieutenants. That hereafter all vacancies in the grade of second lieutenant shall be filled by appointment from the graduates of the Military Academy so long as any such remain in service unassigned ; * * [Part of section omitted repealed. Act July 30, 1892, c. 328, § 5.] Provided that all vacancies remaining, after exhausting the two classes named, may be filled by appointment of persons in civil life. Act June 18, 1878, c. 263, § 3, 20 Stat. 150. The portion of this section omitted here provided that vacancies re- maining after the appointment of graduates of the Military Academy should be filled by promotion of meritorious non-commissioned officers under the provisions of the next section (section 4) of this act for the selection of candidates for such promotion. These provisions are expressly repealed by Act July 30, 1892, c. 328, § 5, set forth below, in terms which may include this entire section, not only its provisions for the promotion of non-commissioned officers, ACT JULY 30, 1892, c. 328. An Act to Provide for the Examination and Promotion of En- listed Men of the Army to the Grade of Second Lieutenant. (27 Stat. 336.) Examinations of enlisted men for promotion, Be it enacted, &c., That the President be, and he is hereby, au- thorized to prescribe a system of examination of enlisted men of the 856 (Sec. 1215 Tit. 14—THE ARMY -Ch. 1. Army, by such boards as may be established by him, to determine their fitness for promotion to the grade of second lieutenant: Pro- vided, That all unmarried soldiers under thirty years of age, who are citizens of the United States, are physically sound, who have serv- ed honorably not less than two years in the Army, and who have borne a good moral character before and after enlistment, may com- pete for promotion under any system authorized by this act. Act July 30, 1892, c. 328, § 1, 27 Stat. 336. The appointment of enlisted men, of the Regular Army or volunteers, second lieutenants, to fill vacancies created by Act Feb. 2, 1901, c. 192, is authorized by section 28 of that act, ante, following Rev. St. $ 1094. Examining boards. Sec. 2. That the members and recorder of such boards as may be established by the President, under the provisions of the preceding section, shall be sworn in every case to discharge their duties honest- ly and faithfully; and the boards may examine witnesses, and take depositions, for which purpose they shall have such powers of a court of inquiry as may be necessary. Act July 30, 1892, c. 328, § 2, 27 Stat. 336. Appointment to vacancies in grade of second lieutenant; certificates of eligibility. Sec. 3. That the vacancies in the grade of second lieutenant hereto- fore filled by the promotion of meritorious non-commissioned offi- cers of the Army, under the provisions of section three of the act approved June eighteenth, eighteen hundred and seventy-eight, shall be filled by the appointment of competitors favorably recommended under this act, in the order of merit established by the final exami- nation. Each man who passes the final examination shall receive a certificate of eligibility, setting forth the subjects in which he is profi- cient and the especial grounds upon which the recommendation is based: Provided, That not more than two examinations shall be accorded to the same competitor. Act July 30, 1892, c. 328, § 3, 27 Stat. 336. Effect of sentence of court-martial. Sec. 4. That all rights and privileges arising from a certificate of eligibility may, be vacated by sentence of a court-martial, but no sol- dier, while holding the privileges of a certificate, shall be brought before a garrison or regimental court-martial or summary court. Act July 30, 1892, c. 328, § 4, 27 Stat. 336. Repeal. Sec. 5. That sections three and four of the act approved June eight- eenth, eighteen hundred and seventy-eight, providing for the pro- motion of meritorious noncommissioned officers, be, and the same are hereby, repealed. Act July 30, 1892, c. 328, § 5, 27 Stat. 336. See note under Act June 18, 1878, c. 263, § 3, set forth above. Secs. 1216-1217) 857 Tit. 14—THE ARMY —Ch. 1. Sec. 1216. [As amended 1891, 1892.] Certificates of merit for privates. That when any enlisted man of the Army shall have distinguished himself in the service, the President may, at the recommendation of the commanding officer of the regiment or the chief of the corps to which such enlisted man belongs, grant him a certificate of merit. Act March 3, 1847, c. 61, $ 17, 9 Stat. 186. Act Feb. 9, 1891, c. 122, § 1, 26 Stat. 737. Act March 29, 1892, c. 25, 27 Stat. 12. The amendment of this section by Act Feb. 9, 1891, c. 122, § 1, cited above, consists in the substitution of the words "any enlisted man of the Army," instead of the words "any private soldier"; the words "commanding officer," instead of "commanding officers"; and the words "such enlisted man," instead of "such private soldier"; and the amendment by Act March 29, 1892, c. 25, cited above, consists in the addition, after the words "commanding officer of the regiment," of the words "or the chief of the corps.” Provisions for additional pay to an enlisted man to whom such a certificate of merit has been granted are contained in Rev. St. $ 1285. Provisions for certificates of honorable service to persons who served in the operation of military telegraph lines in the civil war are con- tained in Act Jan. 26, 1897, c. 92, set forth below. AOT JAN. 26, 1897, c. 92. An Act for the Relief of Telegraph Operators who Served in the War of the Rebellion. (29 Stat. 497.) Certificates of honorable service for military telegraphers. Be it enacted, &c., That the Secretary of War is hereby authorized and directed to prepare a roll of all persons who served not less than ninety days in the operation of military telegraph lines during the late civil war, and to issue to each, upon application, unless it appears that his service was not creditably performed, or to the representa- tives of those who are dead, suitable certificates of honorable service in the military telegraph corps of the Army of the United States, stating the service rendered, the length of such service, and the dates, as near as may be, between which such service was performed: Pro- vided, That this law shall not be construed to entitle the persons herein mentioned to any pay, pension, bounty, or rights not herein specifically provided for. Act Jan. 26, 1897, c. 92, 29 Stat. 497. GENERAL PROVISIONS OF ORGANIZATION. Sec. 1217. Commissions now held not vacated. None of the provisions of this Title, relating to the organization of the Army, shall be construed to vacate the commission of any officer now properly in the service, or borne on the Army Register as an officer retired from active service, or to require new appointments to fill the grades inentioned herein, which are now properly filled ac- cording to said provisions. Act July 28, 1866, c. 299, § 31, 14 Stat. 337. 858 (Secs. 1218-1220 Tit. 14— THE ARMY —Ch. 1. Sec. 1218. [Repealed. Act March 31, 1896, c. 84.] This section provided that no person who had served in the military, naval, or civil service of the Confederate States or of either of the States in insurrection during the rebellion should be appointed to any position in the Army or Navy. It was amended by Act May 13, 1884, C. 46, 23 Stat. 21, so as to apply only to persons so serving who had held commissions in the Army or Navy of the United States at the beginning of the rebellion. But it is expressly repealed by Act March 31, 1896, c. 84, 29 Stat. 84. Sec. 1219. Time of actual service considered in fixing rank. In fixing relative rank between officers of the same grade and date of appointment and commission, the time which each may have ac- tually served as a commissioned officer of the United States, whether continuously or at different periods, shall be taken into account. And in computing such time, no distinction shall be made between service as a commissioned officer in the Regular Army and service since the 19th day of April, 1861, in the volunteer forces, whether under appointment or commission from the President or from the governor of a State. Act March 2, 1867, c. 159, § 1, 14 Stat. 434. The lineal rank of officers of the line in each arm, and the record of service of officers promoted from the ranks, or who served in the Volunteer Army, are to be given in the Army Register, by provisions of Act June 18, 1878, c. 263, § 2, set forth below. The rank and precedence of officers of the Medical Department are regulated by a provision of Act July 5, 1884, c. 217, set forth below. ACT JUNE 18, 1878, c. 263, $ 2. Rank of officers of line and record of service, in Army Register. That in every Official Army Register hereafter issued, the lineal rank of all officers of the line of the Army shall be given separately for the different arms of the service; And if the officer be promoted from the ranks, or shall have served in the volunteer army, either as an enlisted man or officer, his service as a private and non-com- missioned officer shall be given, and in addition thereto the record of his service as volunteer. Act June 18, 1878, c. 263, & 2, 20 Stat. 149. ACT JULY 5, 1884, c. 217. Rank and precedence of medical officers. That officers of the Medical Department shall take rank and pre- cedence in accordance with date of commission or appointment, and shall be so borne on the Official Army Register. Act July 5, 1884, c. 217, 23 Stat. 111. Sec. 1220. [As amended 1877.] Returns of ordnance, damages; [alteration of clothing.] Every officer commanding a regiment, corps, garrison, or de- tachment shall make, once every two months, or oftener if so di- Secs. 1220-1221) - Tit. 14—THE ARMY359 -Ch. 1. rected, a report to the Chief of Ordnance, stating all damages to arms, equipments, and implements belonging to his command, noting those occasioned by negligence or abuse, and naming the officer or soldier by whose negligence or abuse the said damages were occa- sioned. It shall be lawful for the commanding officer of each regi- ment, whenever it may be necessary, to cause the coats, vests, and overalls or breeches which may from time to time be issued to and for his regiment to be altered and new-made, so as to better to fit them to the persons respectively for whose use they shall be deliv- ered; and for defraying the expense of such alterations, to cause to be deducted and applied out of the pay of such persons a sum or sums not exceeding twenty five cents for each coat, eight cents for each vest and for each pair of overalls or breeches. Act Feb. 8, 1855, c. 38, § 7, 3 Stat. 204. Act Feb. 27, 1877, c. 69, 19 Stat. 243. The amendment of this section by Act Feb. 27, 1877, c. 69, cited above, consists in the addition, at the end of the section as originally enacted, of the provisions relating to alteration of clothing, beginning with the words, “It shall be lawful for the commanding officer.” The price for such alterations is limited by a provision of Act March 2, 1889, c. 372, set forth below. ACT MARCH 2, 1889, c. 372. Price for alteration of clothing. * That hereafter the regimental price fixed for altering and fit- ting soldiers' clothing shall not exceed the cost of making the same at the clothing depots. Act March 2, 1889, c. 372, 25 Stat. 831. This is a proviso annexed to the appropriation for clothing, etc., for the Army, in the Army appropriation act for the fiscal year ending June 30, 1890, cited above. Sec. 1221. [As amended 1877.] Returns of clothing and camp-equipage. Every officer who receives clothing or camp-equipage for the use of his command, or for issue to the troops, shall render to the Quar- termaster-General, at the expiration of each regular quarter of the year, quarterly returns of such supplies, according to the forms which may be prescribed, accompanied by the requisite vouchers for any issues which shall have been made. Said returns and vouch- ers, after due examination by the Quartermaster General shall be transmitted for settlement to the proper accounting officer of the Treasury Department. Act May 18, 1826, c. 74, § 2, 4 Stat. 174. Act Feb. 27, 1877, c. 69, 19 Stat. 243. The amendment of this section by Act Feb. 27, 1877, c. 69, cited above, consists in the addition, at the end of the section, as originally enacted, of the provision for transmission of returns and vouchers to the Treasury Department, beginning with the words, “Said returns and vouchers." Provisions for property returns by officers and men of the Signal Corps, and for safe-keeping of Signal Service property, are contained in Act Oct. 12, 1888, c. 1092, set forth below. 860 (Secs. 1221-1223 Tit. 14-THE ARMY - Ch. 1. ACT OCT. 12, 1888, c. 1092. An Act to Make Enlisted Men of the Signal Corps Responsible for Public Property. (25 Stat. 552.) Returns of Signal Service property; rules and regulations. Be it enacted, &c., That, from and after the passage of this act, every officer of the Signal Corps, every non-commissioned officer or private of the Signal Corps, and all other officers, agents, or persons who now have in possession, or may hereafter receive or may be intrusted with any stores or supplies, shall, quarterly or more often, if so directed, and in such manner and on such forms as may be prescribed by the Chief Signal Officer, make true and correct returns to the Chief Signal Officer of all Signal Service property and all other supplies and stores of every kind received by or intrusted to them and each of them, or which may, in any manner, come into their and each of their possession or charge. The Chief Signal Officer, subject to the approval of the Secretary of War, is hereby author- ized and directed to draw up and enforce in his Bureau a system of rules and regulations for the government of the Signal Bureau, and of all persons in said Bureau, and for the safe-keeping and preserva- tion of all Signal Service property of every kind, and to direct and prescribe the kind, number, and form, of all returns and reports, and to enforce compliance therewith. Act Oct. 12, 1888, c. 1092, 25 Stat. 552. Sec. 1222. Accepting or holding civil office. No officer of the Army on the active list shall hold any civil office, whether by election or appointment, and every such officer who ac- cepts or exercises the functions of a civil office shall thereby cease to be an officer of the Army, and his commission shall be thereby va- cated. Act July 15, 1870, c. 294, § 18, 16 Stat. 319. Persons holding any office, the salary or annual compensation at- tached to which amounts to $2,500, are not to receive compensation for discharging the duties of any other office to which compensation is attached, unless expressly authorized by law, by provisions of Rev. St. $ 1763, and of Act July 31, 1894, c. 174, § 2, post, following that section; retired officers of the Army or Navy being excepted by the latter provision in certain cases. Sec. 1223. Accepting or holding diplomatic or consular office. Any officer of the Army who accepts or holds any appointment in the diplomatic or consular service of the government shall be con- sidered as having resigned his place in the Army, and it shall be filled as a vacancy. Act March 30, 1868, c. 38, § 2, 15 Stat. 58. Every officer borne on the retired list was continued thereon by Act March 3, 1875, c. 178, § 2, post, under Rev. St. § 1254, notwithstand- ing the provisions incorporated in this section. And by a provision of Act March 3, 1891, c. 540, § 1, post, under Rev. St. § 1274, the pay Secs. 1224-1225) - Tit. 14— ThÐ ARMY —Ch861 . 1. of any such officer is not to be suspended or withheld, notwithstanding he accepted and held a diplomatic or consular office. Sec. 1224. [As amended 1877.] Civil employment prohibited. No officer of the Army shall be employed on civil works or inter- nal improvements, or be allowed to engage in the service of any in- corporated company, or be employed as acting paymaster or dis- bursing-agent of the Indian Department, if such extra employment requires that he shall be separated from his company, regiment, or corps, or if it shall otherwise interfere with the performance of the military duties proper. Act July 5, 1838, c. 162, § 31, 5 Stat. 260. Act Feb. 27, 1877, c. 69, 19 Stat. 243. The amendment of this section by Act Feb. 27, 1877, c. 69, cited above, consists in striking out the section as originally enacted, and substituting therefor the section set forth here. Sec. 1225. [As amended 1888.] Officers and arms for colleges [and other educational institutions). The President may, upon the application of any established mili- tary institute, seminary or academy, college or university, within the United States having capacity to educate at the same time not less than one hundred and fifty male students, detail an officer of the Army or Navy to act as superintendent, or professor thereof; but the number of officers so detailed shall not exceed fifty from the Army, and ten from the Navy, being a maximum of sixty, at any time, and they shall be apportioned throughout the United States, first, to those State institutions applying for such detail that are required to provide instruction in military tactics under the provi- sions of the act of Congress of July second, eighteen hundred and sixty-two, donating lands for the establishment of colleges where the leading object shall be the practical instruction of the industrial classes in agriculture and the mechanic arts, including military tactics; and after that, said details to be distributed, as nearly as may be prac- ticable, according to population. The Secretary of War is authorized to issue, at his discretion and under proper regulations to be prescribed by him, out of ordnance and ordnance stores belonging to the Government, and which can be spared for that purpose, such number of the same as may appear to be required for military instruction and practice by the students of any college or university under the pro- visions of this section, and the Secretary shall require a bond in each case, in double the value of the property, for the care and safe keeping thereof, and for the return of the same when required: Provided, That nothing in this act shall be so construed as to prevent the detail of officers of the Engineer Corps of the Navy as professors in scientific schools or colleges as now provided by act of Congress approved Feb- riiary twenty-sixth, eighteen hundred and seventy-nine, entitled "An act to promote a knowledge of steam-engineering and iron-ship build- ing among the students of scientific schools or colleges in the United 862 (Sec. 1225 Tit. 14—THE ARMY-Ch. 1. States;" and the Secretary of War is hereby authorized to issue ordnance and ordnance stores belonging to the Government on the terms and conditions hereinbefore provided to any college or university at which a retired officer of the Army may be assigned as provided by section twelve hundred and sixty of the Revised Statutes. Act July 28, 1866, c. 229, § 26, 14 Stat. 336. Res. May 4, 1870, No. 40, 16 Stat. 373. Act July 5, 1876, c. 167, 19 Stat. 74. Act July 5, 1884, c. 217, 23 Stat. 108. Act Sept. 26, 1888, c. 1037, 25 Stat. 491. This section, as originally enacted, authorized the detail, to certain colleges or universities, of officers of the Army, to act as president, superintendent, or professor thereof, not to exceed twenty, increased to thirty by amendment by Act July 5, 1876, c. 167, and to forty by Act July 5, 1884, c. 217, cited above, and authorized the issue of small arms or field artillery for military instruction and practice by the students. It is further amended, to read as set forth here, by section 1 of Act Sept. 26, 1888, c. 1037, cited above; and section 2 of that act repeals Rev. St. $ 1225, as amended by Act July 5, 1884, and all acts and parts of acts inconsistent with that act, saving, how- ever, all acts and things done under such amended section. Later amendments, not changing the language of the section, but in- creasing the number of officers who may be so detailed, with addi- tional provisions, are set forth below; and the detail of retired offi- cers of the Army and Navy, as instructors in military drill and tactics in schools, is authorized by Act Feb. 26, 1901, c. 607, also set forth below, as a further amendment of this section. Provisions for the detail of retired officers of the Army, on their own application, to serve as professors in colleges, were also made by Rev. St. § 1260, which was amended to provide that such officers should be allowed no additional compensation, by Act Feb. 27, 1877, c. 69, 19 Stat. 243, and is referred to in the proviso to this section as amended. Thereafter such detail was authorized on the applica- tion of a college, university, etc., and the officer was allowed to re- ceive from the institution the difference between his retired and full pay, but not any additional pay or allowance from the United States. Act May 4, 1880, c. 81, § 1, post, under Rev. St. § 1260. The detail, under this section, also, of officers on the retired list of the Army, on their own application,-when so detailed to receive full pay,--is provided for by Act Nov. 3, 1893, c. 13, set forth below; but that act is not to be construed to prevent the detail of such officers under Rev. St. § 1260, Act May 4, 1880, c. 81, § 1, mentioned above, nor the issue of ordnance and ordnance stores, under this section as amenila ed, to the institutions at which retired officers may be so detailed. Act Aug. 6, 1894, c. 228, set forth below. Provisions for the detail of instructors from the Regular Army for the National Guard or Militia, during their exercises when assembled on the national military parks, are contained in Act May 15, 1896, c. 182, post, under chapter 6 A of this Title. Provisions for the detail of officers from the Engineer Corps of the Navy as professors in scientific schools and colleges, also referred to in the proviso to this section as amended, had been enacted before the amendatory act, by Act Feb. 26, 1879, c. 105, post, following Rev. St. $ 1393. Provisions for the detail of retired officers of the Navy or Marine Corps as teachers or professors in schools or colleges are contained in Act March 2, 1895, c. 186, post, following Rev. St. $ 1461. Provisions for the detail of officers of the Navy as superintendents of or instructors in nautical schools are contained in Act June 20. 1874, c. 339, and Act March 3, 1881, c. 141, post, at end of chapter 6 of Title XV, “The Navy." Sec. 1225) 863 Tit. 14—THE ARMY_Ch. 1. ACT JAN. 13, 1891, c. 70. An Act to Amend Section Twelve hundred and twenty-five of the Revised Statutes Concerning Details of Officers of the Army and Navy to Educational Institutions. (26 Stat. 716.) Officers for educational institutions; increase of number. Be it enacted, &c., That section twelve hundred and twenty-five of the Revised Statutes, concerning details of officers of the Army and Navy to educational institutions, he, and the same is hereby, amendied so as permit the President to detail, under the provisions of said act, not to exceed seventy-five officers of the Army of the United States; and the maximum number of officers of the Army and Navy to be detailed at any one time under the provision of the act passed September twenty-sixth, eighteen hundred and eighty- eight, amending said section twelve hundred and twenty-five of the Revised Statutes, is hereby increased to eighty-five: Provided, That , no officer shall be detailed to or maintained at any of the educational institutions mentioned in said act where instruction and drill in mili- tary tactics is not given: Provided further, That nothing in this act shall be so construed as to prevent the detail of officers of the Engineer Corps of the Navy as professors in scientific schools or colleges as now provided by Act of Congress approved February twenty-sixth, eighteen hundred and seventy-nine, entitled "An act to promote a knowledge of steam-engineering and iron shipbuilding among the students of scientific schools or colleges in the United States.' Act Jan. 13, 1891, c. 70, 26 Stat. 716. A further increase is authorized by Act Nov. 3, 1893, c. 13, set forth below. ACT NOV. 3, 1893, c. 13. An Act to Increase the Number of Officers of the Army to be De- tailed to Colleges. (28 Stat. 7.) Officers for educational institutions; increase of number; qualifica- tions; term of service; detail of retired officers. Be it enacted, &c., That section twelve hundred and twenty-five of the Revised Statutes, concerning details of officers of the Army and Navy to educational institutions, be, and the same is hereby, amend- ed so as to permit the President to detail under the provisions of said act not to exceed one hundred officers of the Army of the United States; and no officer shall be thus detailed who has not had five years service in the Army and no detail to such duty shall extend for more than four years and officers on the retired list of the Army may, upon their own application be detailed to such duty and when so detailed shall receive the full pay of their rank; and the maxi- mum number of officers of the Army and Navy to be detailed at any one time under the provisions of the act approved January thir- teenth, eighteen hundred and ninety-one, aniending section twelve hundred and twenty-five of the Revised Statutes as amended by an 864 (Sec. 1225 Tit. 14-THE ARMY-Ch. 1. act approved September twenty-sixth; eighteen hundred and eighty- eight, is hereby increased to one hundred and ten. Act Nov. 3, 1893, c. 13, 28 Stat. 7. Provisions restricting the construction of this act in regard to the detail of retired officers of the Army under the provisions of Rev. St. § 1260, and Act May 4, 1880, c. 81, post, under Rev. St. § 1260, and the issue of ordnance and ordnance stores to institutions at which retired officers may be so detailed, are contained in Act Aug. 6, 1894, c. 228, set forth below. ACT AUG. 6, 1894, c. 228. Retired officers detailed to educational institutions. That nothing in the Act entitled "An Act to increase the number of officers of the Army to be detailed to colleges,” approved November third, eighteen hundred and ninety-three, shall be so con- strued as to prevent, limit, or restrict the detail of retired officers of the Army at institutions of learning under the provisions of section twelve hundred and sixty, Revised Statutes, and the Act making appropriations for the support of the Army, and so forth, approved May fourth, eighteen hundred and eighty, nor to forbid the issue of ordnance and ordnance stores, as provided in the Act approved Sep- tember twenty-sixth, eighteen hundred and eighty-eight, amending section twelve hundred and twenty-five, Revised Statutes, to the in- stitutions at which retired officers may be so detailed; and said Act of November third, eighteen hundred and ninety-three, and said Act of May fourth, eighteen hundred and eighty, shall not be con- strued to allow the full pay of their rank to retired officers detailed under said section twelve hundred and sixty, Revised Statutes, and said Act of May fourth, eighteen hundred and eighty. Act Aug. 6, 1894, c. 228, 28 Stat. 235. This is a proviso annexed to the appropriation for pay of retired officers in the Army appropriation act for the fiscal year ending June 30, 1895, cited above. Act Nov. 3, 1893, c. 13, referred to therein, is set forth above. The provisions of Act May 4, 1880, c. 81, also referred to, are set forth post, under Rev. St. § 1260. And the provisions of Act Sept. 26, 1888, c. 1037, amending Rev. St. $ 1225, are incorporated in that section as set forth above. Further provisions for the detail of retired officers of the Army and Navy as instructors in military drill and tactics in schools under Rev. St. $ 1225, are contained in Act Feb. 26, 1901, c. 607, set forth below. RES. MARCH 3, 1897, No. 23. Joint Resolution to Enable the Secretary of War to Detail an Of- ficer of the United States Army to Accept a Position under the Government of the Greater Republic of Central America. (29 Stat. 704.) Officer as instructor in military school in Greater Republic of Central America. Resolved, &c., That the Secretary of War is hereby authorized to detail an officer of the United States Army, not above the rank of captain, who shall be permitted to accept from the Government of the Greater Republic of Central America the position of instructor Sec. 1225) 865 Tit. 14THE ARMY-Ch. 1. in a military school in said Republic and the emoluments pertaining thereto. Res. March 3, 1897, No. 23, 29 Stat. 704. ACT FEB. 26, 1901, c. 607. An Act to Amend Section Twelve Hundred and Twenty-Five of Re- vised Statutes so as to Provide for Detail of Retired Officers of the Army and Navy to Assist in Military Instruction in Schools. (31 Stat. 810.) Preamble. Whereas the national defense must depend upon the volunteer service of the people of the several States; and Whereas those schools which shall adopt a system of military in- struction are entitled to the assistance of the Government in order to secure to the United States such a knowledge of military affairs among the youth of the country as will render them efficient as vol- unteers if called upon for the national defense: Therefore, Retired officers detailed as instructors in military drill and tactics in schools. Be it enacted, etc., That section twelve hundred and twenty-five of the Revised Statutes, concerning the detail of officers of the Army and Navy to educational institutions be, and the same is hereby, amended so as to permit the President to detail under the provisions of that Act, and in addition to the detail of the officers of the Army and Navy now authorized to be detailed under the existing provi- sions of said Act, such retired officers of the Army and Navy of the United States as in his judgment may be required for that purpose, to act as instructors in military drill and tactics in schools in the United States, where such instruction shall have been authorized by the educational authorities thereof, and where the services of such instructors shall have been applied for by said authorities. Act Feb. 26, 1901, c. 607, § 1, 31 Stat. 810. Provisions for detail of retired officers of the Army as professors in colleges are contained in Rev. St. $ 1260, and Act May 4, 1880, c. 81, under that section; and provisions for detail of such officers to colleges and other educational institutions are contained in Act Nov. 3, 1893, c. 13, and Aug. 6, 1894, c. 228, set forth above. Compensation of officers detailed. Sec. 2. That no detail shall be made under this Act to any school unless it shall pay the cost of commutation of quarters of the retired officers detailed thereto and the extra-duty pay to which the latter may be entitled by law to receive for the performance of special duty: Provided, That no detail shall be made under the provisions of this Act unless the officers to be detailed are willing to accept such posi- tion without compensation from the Government other than their retired pay. Act Feb. 26, 1901, c. 607, § 2, 31 Stat. 810. Issue of ordnance and ordnance stores to schools. Sec. 3. That the Secretary of War is authorized to issue at his dis- cretion, and under proper regulations to be prescribed by him, out LAWS '01-55 866 (Secs. 1225-1227 Tit. 14– THE ARMY —Ch. 1. of ordnance and ordnance stores belonging to the Government, and which can be spared for that purpose, upon the approval of the gov- ernors of the respective States, such number of the same as may be required for inilitary instruction and practice by such school, and the Secretary shall require a bond in each case, for double the value of the property, for the care and safe-keeping thereof and for the return of the same when required. Act Feb. 26, 1901, c. 607, § 3, 31 Stat. 811. Time of taking effect of act. Sec. 4. That this Act shall take effect immediately. Act Feb. 26, 1901, c. 607, § 4, 31 Stat. 811. Sec. 1226. Privileges on account of volunteer service. All officers who have served during the rebellion as volunteers in the Army of the United States, and have been honorably mustered out of the volunteer service, shall be entitled to bear the official title, and, upon occasions of ceremony, to wear the uniform of the highest grade they have held, by brevet or other commissions, in the volunteer service. The highest volunteer rank which has been held by officers of the Regular Army shall be entered, with their names respectively, upon the Army Register. But these privileges shall not entitle any officer to command, pay, or emoluments. Act July 28, 1866, c. 299, $ 34, 14 Stat. 337. Similar privileges are conferred on officers of the Regular Army during the rebellion, by Act Feb. 4, 1897, c. 146, set forth below. ACT FEB. 4, 1897, c. 146. An Act to Authorize Officers who Served During the War of the Rebellion in the Regular Army to bear the Title, and on Occa- sions of Ceremony, wear the Uniform of their Highest Rank. (29 Stat. 511.) Privileges on account of service in Regular Army during rebellion. Be it enacted, &c., That all officers who have served during the rebellion as officers of the Regular Army of the United States, and have been honorably discharged or resigned from the service, shall be entitled to bear the official title and, upon occasions of ceremony, to wear the uniform of the highest grade they have held, by brevet or other commission, as is now authorized for officers of volunteers by section twelve hundred and twenty-six, Revised Statutes. Act Feb. 4, 1897, c. 146, 29 Stat. 511. Similar privileges are conferred on officers of the Regular or Volun- teer Army during or since the war with Spain, by Act Feb. 2, 1901, c. 192, § 34, ante, following Rev. St. § 1094. Sec. 1227. Army corps badges. All persons who have served as officers, non-commissioned offi- cers, privates, or other enlisted men, in the Regular Army, volunteer Secs. 1227-1228) 867 Tit. 14—THE ARMY-Ch. 1. or militia forces of the United States, during the war of the rebellion, and have been honorably discharged from the service, or still remain in the same, shall be entitled to wear, on occasions of ceremony, the distinctive Army badge ordered for or adopted by the Army corps and division, respectively, in which they served. Res. July 25, 1868, No. 73, 15 Stat. 261. Provisions authorizing the wearing of badges adopted by certain mili- tary societies are contained in the two joint resolutions set forth below, and in Act Feb. 2, 1901, c. 192, § 41, ante, following Rev. St. § 1094. RES. SEPT. 25, 1890, No. 50. Joint Resolution Granting Permission to Officers and Enlisted men of the Army and Navy of the United States to Wear the Badges Adopted by Military Societies of Men who Served in the War of the Revolution, the War of Eighteen Hundred and twelve, the Mexican War, and the War of the Rebellion. (26 Stat. 681.) Military society badges. Resolved, &c., That the distinctive badges adopted by military so- cieties of men who served in the armies and navies of the United States in the war of the Revolution, the war of eighteen hundred and twelve, the Mexican war, and the war of the rebellion respective- ly, may be worn upon all occasions of ceremony by officers and en- listed men of the Army and Navy of the United States, who are members of said organizations in their own right. Res. Sept. 25, 1890, No. 50, 26 Stat. 681. RES. MAY 11, 1894, No. 26. Joint Resolution Authorizing the Wearing of the Distinctive Badge Adopted by the Regular Army and Navy Union upon all Oc- casions of Ceremony. (28 Stat. 583.) Regular Army and Navy Union badge. Resolved, &c., That the distinctive badge adopted by the Regular Army and Navy Union of the United States may be worn, in their own right, upon all public occasions of ceremony by officers and en- listed men of the Army and Navy of the United States who are mem- bers of said organization. Res. May 11, 1894, No. 26, 28 Stat. 583. Sec. 1228. Restoration of dismissed officers. No officer of the Army who has been or may be dismissed from the service by the sentence of a general court-martial, formally ap- proved by the proper reviewing authority, shall ever be restored to the military service, except by a re-appointment confirmed by the Senate. Act July 20, 1868, c. 185, 15 Stat. 125. 868 (Secs. 1229–1230 Tit. 14—THE ARMY - —Ch. 1. Sec. 1229. Officers dropped for desertion. The President is authorized to drop from the rolls of the Army for desertion any officer who is absent from duty three months without leave; and no officer so dropped shall be eligible for re-appointment. And no officer in the military, or naval service shall in time of peace be dismissed from service except upon and in pursuance of the sen- tence of a court-martial to that effect, or in commutation thereof. Article of War 99. Article of War 106. Act July 15, 1870, c. 294, $ 17, 16 Stat. 319. Act July 13, 1866, c. 176, 14 Stat. 92. Sec. 1230. Officers dismissed by President may demand trial. When any officer, dismissed by order of the President, makes, in writing, an application for trial, setting forth, under oath, that he has been wrongfully dismissed, the President shall, as soon as the ne- cessities of the service may permit, convene a court-martial, to try such officer on the charges on which he shall have been dismissed. And if a court-martial is not so convened within six months from the presentation of such application for trial, or if such court, being con- vened, does not award dismissal or death as the punishment of such officer, the order of dismissal by the President shall be void. Act March 3, 1865, c. 79, § 12, 13 Stat. 489. Provisions for removal from the records of charges of desertion against soldiers who served in the civil war or in the war with Mexico are contained in Act March 2, 1889, c. 390, set forth below. ACT MARCH 2, 1889, c. 390. [As amended 1891, 1892, 1895.] An Act for the Relief of Certain Volunteer and Regular Soldiers of the Late War and the War with Mexico. (25 Stat. 869.) Removal from record of charge of desertion against volunteer soldiers of civil war. Be it enacted, &c., That the charge of desertion now standing on the rolls and records in the office of the Adjutant General of the United States Army against any soldier who served in the late war in the volunteer service shall be removed in all cases where it shall be made to appear to the satisfaction of the Secretary of War from such rolls and records, or from other satisfactory testimony, that such soldier served faithfully until the expiration of his term of en- listment, or until the first day of May, anno domini eighteen hundred and sixty-five, having previously served six months or more, and, by reason of absence from his command at the time the same was mus- tered out, failed to be mustered out and to receive an honorable dis- charge, or that such soldier absented himself from his command, or from hospital while suffering from wounds, injuries, or disease re- ceived or contracted in the line of duty and was prevented from com- pleting his term of enlistment by reason of such wounds, injuries, or clisease. Act March 2, 1889, c. 390, § 1, 25 Stat. 869. This act supersedes several previous acts containing similar but less comprehensive provisions. Act Aug. 7, 1882, c. 442, 22 Stat. 347, authorized the removal of Sec. 1230) 869 Tit. 14—THE ARMY-Ch. 1. charges of desertion from the records of volunteer soldiers of the civil war, by section 1, where a soldier served faithfully until the expiration of the term of his enlistment, or until May 22, 1865, or where he was prevented from completing his term of service by reason of wounds received or disease contracted in line of duty, and was there- fore absent from his command and failed to receive an honorable discharge; and by section 2, where he left his command and after- ward voluntarily returned and received an honorable discharge. But section 4 contained a proviso that no soldier “who intentionally de- serted" should be entitled to the benefit of the act. The offense of desertion is defined by military authorities as absence without leave, with the intention of not returning, and the intent not to return is considered the gist of the offense. The Secretary of War has always asserted and exercised the right, under his general powers as custodian of the rolls of the army, wherever a charge of desertion was errone- ously made, to remove the charge. Wherever it could be made to appear that the guilty intent was wanting, he thus would have author- ity, independent of this act, to remove these charges. It was there- fore held by the War Department that the act of August 7, 1882, c. 442, did not enlarge the existing authority of the Secretary of War, and practically no action was taken under it. Act July 5, 1884, c. 222, 23 Stat. 119, contained similar provisions, but omitted the proviso in regard to intentional desertion, and en- larged the classes benefited by the former act. This act included all the classes, with some additions, included in the act of 1882. Its in- tent would seem to be to cover the whole ground of the act of 1882, thereby superseding that act. Act May 17, 1886, c. 341, 24 Stat. 51, contained similar provisions for an additional class. The act of March 2, 1889, c. 390, set forth here, includes all the classes described in the previous acts, and also extends to soldiers of the Mexican war. This act seems to be intended to cover completely the ground, and to be a final declaration of the legislative will on this whole subject. The acts of 1882, 1884, and 1886 are therefore omitted as superseded. Similar provisions relating to appointed or enlisted men of the Navy or Marine Corps are contained in Act Aug. 14, 1888, c. 890, post, following Rev. St. $ 1427. Forfeiture of rights of citizenship by desertion, etc., is provided for by Rev. St. $$ 1996-1998. Removal from record of charge of desertion against volunteer or reg- ular soldiers of civil war. Sec. 2. That the Secretary of War is hereby authorized to remove the charge of desertion from the record of any regular or volunteer soldier in the late war upon proper application therefor, and satis- factory proof in the following cases: First. That such soldier, after such charge of desertion was made, and within a reasonable time thereafter, voluntarily returned to his command and served faithfully to the end of his term of service, or until discharged. Second. That such soldier absented himself from his command or from hospital while suffering from wounds, injuries, or disease, re- ceived or contracted in the line of duty, and upon recovery volun- tarily returned to his command and served faithfully thereafter, or died from such wounds, injuries, or disease while so absent, and before the date of muster out of his command, or expiration of his term of service, or was prevented from so returning by reason of such wounds, injuries, or diseases before such muster out, or expira- tion of service. 870 (Sec. 1230 Tit. 14—THE ARMY-Ch. 1. Third. That such soldier was a minor, and was enlisted without the consent of his parent or guardian, and was released or discharged from such service by the order or decree of any State or United States court on habeas corpus or other judicial proceedings, and in such case such soldier shall not be entitled to any bounty or allow- ance, or pay for any time such soldier was not in the performance of military duty. . Act March 2, 1889, c. 390, $ 2, 25 Stat. 869. Act March 2, 1891, c. 498, 26 Stat. 824. Paragraph 3 of this section, as originally enacted, provided for the case of a minor, enlisted without the consent of his parent or guardian, and released or discharged from service "by the order or decree of any court of competent jurisdiction on habeas corpus or other proper judicial proceedings; and in any such case, no pay, allowance, bounty, or pension, shall be allowed or granted.” It was amended by Act March 2, 1891, c. 498, cited above, to read as set forth here. Removal from record of charge of desertion against soldiers of civil war who re-enlisted without discharge from previous enlistment. Sec. 3. That the charge of desertion now standing on the rolls and records in the office of the Adjutant General of the Army against any regular or volunteer soldier who served in the late war of the rebellion by reason of his having enlisted in any regiment, troop, or company, or in the United States Navy or Marine Corps, without having first received a discharge from the regiment, troop, or com- pany in which he had previously served, shall be removed in all cases wherein it shall be made to appear to the satisfaction of the Secretary of War, from such rolls and records, or from other satisfactory tes- timony, that such re-enlistment was not made for the purpose of se- curing bounty or other gratuity that he would not have been enti- tled to, had he remained under his original term of enlistment; that the absence from the service did not exceed four months, and that such soldier served faithfully under his re-enlistment. Act March 2, 1889, c. 390, § 3, 25 Stat. 870. Effect of return to duty, after desertion of soldier of civil war, on claim for pension. Sec. 4. That whenever it shall appear from the official records in the office of the Adjutant General, United States Army, that any regular or volunteer soldier of the late war was formally restored to duty from desertion by the Commander competent to order his trial for the offense, or, having deserted and being charged with de- sertion, was, on return to the service, suffered, without such formal restoration, to resume his place in the ranks of his command, serving faithfully thereafter until the expiration of his term, such soldier shall not be deemed to rest under any disability, because of such desertion, in the prosecution of any claim for pension on account of disease contracted, or wounds or injuries received in the line of his duty as a soldier. Act March 2, 1889, c. 390, $ 4, 25 Stat. 870. Effect of removal of charge of desertion on rights to pay and bounty. Sec. 5. That when the charge of desertion shall be removed under 5 the provisions of this act from the record of any soldier, such soldier, Sec. 1230) 877 Tit. 14—THE ARMY -Ch. 1. or, in case of his death, the heirs or legal representatives of such soldier, shall receive the pay and bounty due to such soldier: Pro- vided, however, That this act shall not be so construed as to give to any such soldier, or, in case of his death, to the heirs or legal representatives of any such soldier, any pay, bounty, or allowance for any time during which such soldier was absent from his command without proper authority, nor shall it be so construed as to give any pay, bounty, or allowance to any soldier, his heirs or legal repre- sentatives, who served in the Army a period of less than six months. Act March 2, 1889, c. 390, § 5, 25 Stat. 870. Further provisions as to the effect of the removal of the charge of desertion are contained in section 8 of this act. Removal from record of charge of desertion against soldiers of Mexi- can war. Sec. 6. That the Secretary of War be, and he hereby is authorized and directed to amend the military record of any soldier who enlisted for the war with Mexico, upon proper application, where the rolls and records of the Adjutant General's office show the charge of de- sertion against him, when such rolls and records show the facts set out in the following cases: First. That said soldier served faithfully the full term of his enlist- ment, or having served faithfully for six months or more, and until the fourth day of July anno domini eighteen hundred and forty eight, left his command without having received a discharge. Second. That such soldier, after said charge of desertion was en- tered on the rolls, voluntarily returned to his command within a reasonable time, and served faithfully until discharged. Act March 2, 1889, c. 390, § 6, 25 Stat. 870. Cases excepted from provisions of act. Sec. 7. That the provisions of this act shall not be so construed as to relieve any soldier from the charge of desertion who left his command from disaffection or disloyalty to the Government, or to evade the dangers and hardships of the service, or whilst in the pres- ence of the enemy (not being sick or wounded), or while in arrest or under charges for breach of military duty, or in case of a soldier of the Mexican War, who did not actually reach the seat of war. Act March 2, 1889, c. 390, § 7, 25 Stat. 870. Effect of removal of charge of desertion on status and record of soldier and rights to pension, pay, etc. Sec. 8. That when such charge of desertion is removed under the provisions of this act, the soldier shall be restored to a status of honorable service, his military record shall be corrected as the facts may require, and an honorable discharge shall be issued in those cases where the soldier has received none; and he shall be restored to all his rights as to pension, pay, or allowances as if the charge of desertion had never been made; and in case of the death of said soldier, his widow or other legal heir shall be entitled to the same rights as in case of other deceased honorably discharged soldiers : Provided, That this act shall not be construed to give to any soldier, 872 (Secs. 1230–1231 Tit. 14—THE ARMY - Ch. 1. or his legal representatives or heir, any pay or allowance for any period of time he was absent without leave, and not in the perform- ance of military duty. Act March 2, 1889, c. 390, § 8, 25 Stat. 870. Provisions as to the effect of the removal of the charge of desertion on rights to pay and bounty are contained in section 5 of this act. Applications for relief. Sec. 9. That all applications for relief under this act shall be made to and filed with the Secretary of War * [Part of section omit- ted superseded. Act July 27, 1892, c. 273; Act March 2, 1895, C. 181.] Act March 2, 1889, c. 390, $ 9, 25 Stat. 871. Act July 27, 1892, c. 273, 27 Stat. 278. Act March 2, 1895, c. 181, 28 Stat. 814. This section, as originally enacted, required applications for relief under the act to be filed within three years from July 1, 1889, or be forever barred. It was amended by Act July 27, 1892, c. 273, cited above, by extending the time for the limitation of the operation of the section for the period of two years from July 1, 1892; and by Act March 2, 1895, c. 181, cited above, by removing the limitation of time. Repeal. Sec. 10. That all acts and parts of acts inconsistent with the pro- visions of this act are hereby repealed. Act March 2, 1889, c. 390, $ 10, 25 Stat. 871. ACT APRIL 14, 1890, c. 80. An Act for the Relief of Soldiers and Sailors who Enlisted or Served under Assumed Names, while Minors or Otherwise, in the Army or Navy, during the War of the Rebellion. (26 Stat. 55.) Discharges of soldiers and sailors of civil war who enlisted under as- sumed names. Be it enacted, &c., That the Secretary of War and the Secretary of the Navy be, and they are hereby, authorized and required to issue certificates of discharge or orders of acceptance of resignation, upon application and proof of identity, in the true name of such persons as enlisted or served under assumed names, while minors or other- wise, in the Army and Navy during the war of the rebellion, and were honorably discharged therefrom. Applications for said certificates of discharge or amended orders of resignation may be made by or on behalf of persons entitled to them; but no such certificate or or- der shall be issued where a name was assumed to cover a crime or to avoid its consequence. Act April 14, 1890, c. 80, 26 Stat. 55. Provisions for the issue of duplicates of certificates of discharge lost or destroyed are contained in Rev. St. $ 224. Provisions for the return to officers and enlisted men of their evi- dence of honorable discharge, filed to secure the settlement of their accounts, are contained in Rev. St. § 282. Sec. 1231. Post and garrison schools. Schools shall be established at all posts, garrisons, and permanent Secs. 1231-1233) 873 . 1 Tit. 14—THE ARMY --Ch. 1. — camps at which troops are stationed, in which the enlisted men may be instructed in the common English branches of education, and especially in the history of the United States; and the Secretary of War may detail such officers and enlisted men as may be necessary to carry out this provision. It shall be the duty of the post or gar- rison commander to set apart a suitable room or building for school and religious purposes. Act July 28, 1866, c. 299, $ 27, 14 Stat. 336. Provisions for expenditures, for furniture, text-books, etc., of post schools, from appropriations for regular supplies for the Quartermas- ter's Department, are contained in Act June 13, 1890, c. 423, post, following Rev. St. § 1240. Sec. 1232. Enlisted men not to be used as servants. No officer shall use an enlisted man as a servant in any case what ever. Act July 15, 1870, c. 294, § 14, 16 Stat. 319. Sec. 1233. [Repealed. Act Jan. 29, 1879, c. 34.] This section provided for the detail of cooks, in turn, from the privates of each company, to serve 10 days. It was expressly repealed by Act Jan. 29, 1879, c. 34, 20 Stat. 276. The enlistment, in each company, battery, and troop in the Regular and Volunteer Armies, of a competent person as cook, with the rank and pay of a corporal, is directed by Act July 7, 1898, c. 583, set forth below. ACT JULY 7, 1898, c. 583. An Act Directing the Enlistment of Cooks in the Regular and Volunteer Armies of the United States. (30 Stat. 721.) Enlistment of cooks. Be it enacted, &c., That the Secretary of War be, and he is hereby, authorized and directed to cause to be enlisted in each company, battery, and troop in the Regular and Volunteer armies of the United States, as a part of the authorized enlisted strength thereof, under rules to be prescribed by him, a competent person as cook, who shall take rank as and be allowed the pay of a corporal of the arm of the service to which he belongs, and whose duties in connection with the preparation and serving of the food of the enlisted men of the company, battery, or troop, and with the supervision and instruction of enlisted men hereby authorized to be detailed to assist him, shall be prescribed in the regulations for the government of the Army. Act July 7, 1898, c. 583, 30 Stat. 721. Cooks are included in the composition of each company, etc., pre- scribed by Act March 2, 1899, c. 352, 88 2-4, and Act Feb. 2, 1901, c. 192, 88 2-11, 24, ante, following Rev. St. $ 1094; the cooks author- ized by Act March 2, 1899, c. 362, to have the pay and allowance of sergeants of infantry, under section 9 of that act, post, following Rev. St. $ 1280. 874 (Secs. 1234-1238 Tit. 14—THE ARMY —Ch. 1. Sec. 1234. Superintendence of cooking. The line officers of the Army shall superintend the cooking done for the enlisted men. Act March 3, 1863, c. 78, § 8, 12 Stat. 744. Officers of the Medical Department are required to unite with the officers of the line in superintending the cooking for the enlisted men, by Rev. St. § 1174. Sec. 1235. Labor detail. Working parties of soldiers shall be detailed for employment as artificers or laborers, in the construction of permanent military works or public roads, or in other constant labor only upon the writ- ten order of a commanding officer, when such detail is for ten or more days. Act July 13, 1866, c. 176, § 7, 14 Stat. 93. Sec. 1236. Details to special service from forces in the field. Details to special service from forces in the field shall be made only with the consent of the commanding officer of the forces. Act March 3, 1863, c. 75, § 35, 12 Stat. 736. The enlistment of a corps of men for clerical service and messenger duty at headquarters of the Army and at other headquarters, at re- cruiting depots, and at West Point, not to be assigned to any other duty, was authorized by Act July 29, 1886, c. 810, 24 Stat. 167; but that act is repealed by Act Aug. 6, 1894, c. 228, 28 Stat. 236. Sec. 1237. Exemption from arrest. No enlisted man shall, during his term of service, be arrested on mesne process, or taken or charged in execution for any debt, unless it was contracted before his enlistment, and amounted to twenty dol- lars when first contracted. Act March 16, 1802, c. 9, § 23, 2 Stat. 136. Act April 12, 1808, c. 43, § 5, 2 Stat. 483. Act Jan. 11, 1812, c. 14, § 12, 2 Stat. 674. Act March 3, 1815, c. 79, 8 7, 3 Stat. 225. Sec. 1238. Female nurses. Women may be employed, instead of soldiers, as nurses in gen- eral or permanent hospitals, at such times and in such numbers as the Surgeon-General, or the medical officer in charge of any such hospital, may deem proper. Act Aug. 3, 1861, c. 42, § 6, 12 Stat. 288. The organization of the Nurse Corps, as part of the Medical De- partment of the Army, is provided for by Act Feb. 2, 1901, c. 192, 88 18, 19, ante, following Rev. St. § 1094. Secs. 1239-1240) 875 Tit. 14—THE ARMY Ch. 1. Sec. 1239. Matrons. Hospital matrons and nurses may be employed in post or reg- imental hospitals in such numbers as may be necessary. Act March 16, 1802, c. 9, § 4, 2 Stat. 134. See note under preceding section, as to organization of Nurse Corps. Sec. 1240. [Superseded. Act June 18, 1878, c. 263, $ 5.] This section allowed women to accompany troops as laundresses, not exceeding four to a company. It is superseded by the provision to the contrary of Act June 18, 1878, c. 263, § 4, set forth below. ACT JUNE 18, 1878, c. 263, § 5. Laundresses not to accompany troops. That hereafter women shall not be allowed to accompany troops as laundresses: * [Part of section omitted temporary.] Act June 18, 1878, c. 263, § 5, 20 Stat. 150. The portion of this section omitted here authorized the retention of any laundress, being the wife of a soldier, until the expiration of his term of enlistment. ACT JUNE 13, 1890, c. 423. Expenditures at posts. * * That for the current fiscal year and thereafter there may be expended from the appropriation for regular supplies the amounts re- quired for the necessary equipments of the bake-house to carry on post bakeries; for the necessary furniture, text-books, paper and equipments of the post schools; for the tableware and mess furniture for kitchens and mess-halls; and for garden utensils and agricultural implements for post gardens, each and all for the use of the enlisted men of the Army: * Act June 13, 1890, c. 423, 26 Stat. 152. This is a proviso annexed to the appropriation for regular supplies of the Quartermaster's Department in the Army appropriation act for the fiscal year ending June 30, 1891, cited above. But by a similar proviso in Act July 16, 1892, c. 195, set forth below, no money ap- propriated for the support of the Army is to be expended for post gardens. * * ACT JULY 16, 1892, c. 195. Expenditures for post gardens or exchanges. That hereafter no money appropriated for the support of the Army shall be expended for post gardens or exchanges, but this pro- viso shall not be construed to prohibit the use by post exchanges of public buildings or public transportation when, in the opinion of the Quartermaster-General, not required for other purposes. Act July 16, 1892, c. 195, 27 Stat. 178. This is a proviso annexed to the appropriation for regular supplies of the Quartermaster's Department in the Army appropriation act for the fiscal year ending June 30, 1893, cited above. 876 (Secs. 1241-1242 Tit. 14—THE ARMY-Ch. 1. Sec. 1241. Sales of stores. The President may cause to be sold any military stores which, up- on proper inspection or survey, appear to be damaged, or unsuitable for the public service. Such inspection or survey shall be made by officers designated by the Secretary of War, and the sales shall be made under regulations prescribed by him. Act March 3, 1825, c. 93, $$ 1, 2, 4 Stat. 127. Sec. 1242. Arms and accouterments in possession of persons not soldiers. The clothing, arms, military outfits, and accouterments furnished by the United States to any soldier shall not be sold, bartered, ex- changed, pledged, loaned, or given away; and the possession of any such property by any person not a soldier or officer of the United States shall be prima-facie evidence of such sale, barter, exchange, pledge, loan, or gift. Such property may be seized and taken from any person, not a soldier or officer of the United States, by any officer, civil or military, of the United States, and shall, thereupon, be delivered to any quartermaster or other officer authorized to re- ceive the saine. Act March 3, 1863, c.75, $ 23, 12 Stat. 735. Similar provisions are contained in Rev. St. $ 3748. [ORGANIZATION OF VOLUNTEER ARMY.] ACT APRIL 22 1898, c. 187. [As amended 1898.] An Act to Provide for Temporarily Increasing the Military Estab- lishment of the United States in Time of War, and for Other Purposes. (30 Stat. 361.) National forces; liability to military duty. Be it enacted, &c., That all able-bodied male citizens of the United States, and persons of foreign birth who shall have declared their intention to become citizens of the United States under and in pur- suance of the laws thereof, between the ages of eighteen and forty- five years, are hereby declared to constitute the national forces, and, with such exceptions and under such conditions as may be prescribed by law, shall be liable to perform military duty in the service of the United States. Act April 22, 1898, c. 187, § 1, 30 Stat. 361. Active land forces; Army and militia; Regular Army and Volunteer Army. Sec. 2. That the organized and active land forces of the United States shall consist of the Army of the United States and of the militia of the several States when called into the service of the Unit- ed States: Provided, That in time of war the Army shall consist of two branches which shall be designated, respectively, as the Regu- lar Army and the Volunteer Army of the United States. Act April 22, 1898, c. 187, § 2, 30 Stat. 361. Provisions relating to the Militia are contained in Title XVI, “The Militia." Sec. 1242) 877 Tit. 14THE ARMY —Ch. 1. Regular Army, permanent military establishment. Sec. 3. That the Regular Army is the permanent military estab- lishment, which is maintained both in peace and war according to law. Act April 22, 1898, c. 187, § 3, 30 Stat. 361. Provisions relating to the organization of the Regular Army are contained in the preceding portions of this chapter. Volunteer Army, raised and maintained during war. Sec. 4. That the Volunteer Army shall be maintained only during the existence of war, or while war is imminent, and shall be raised and organized, as in this Act provided, only after Congress has or shall have authorized the President to raise such a force or to call into the actual service of the United States the militia of the several States: Provided, That all enlistments for the Volunteer Army shall be for a term of two years, unless sooner terminated, and that all officers and men composing said army shall be discharged from the service of the United States when the purposes for which they were called into service shall have been accomplished, or on the conclusion of hostilities. Act April 22, 1898, c. 187, § 4, 30 Stat. 361. War was declared to exist, and to have existed since April 21, 1898, between the United States and Spain, and the President was directed and empowered to use the entire land and naval forces of the United States, and to call into the actual service of the United States the militia of the several States, to such extent as necessary, by Act April 25, 1898, c. 189, 30 Stat. 364. And on the next day provision was made for the increase of the Regular Army upon a declaration of war by Congress, or a declaration of Congress that war exists, and, in the event of a call by the President for the volunteers or the militia, for the organization of the volunteers and militia called into service. Act April 26, 1898, c. 191, 30 Stat. 364. In addition to these volunteer forces, the organization, under this act, of a volunteer brigade of en- gineers, and a force of volunteers not exceeding 10,000 enlisted men, possessing immunity from diseases incident to tropical climates, was authorized by Act May 11, 1898, c. 294, 30 Stat. 405. Further pro- visions for raising and maintaining a volunteer force were made by Act March 3, 1899, c. 436, 30 Stat. 1350, which, by section 15 of that act, were to continue in force until July 1, 1901, on which date the Army was to be restored to its former basis, except certain appoint- ments of cadets and promotions of officers. But before that date, by Act Feb. 2, 1901, c. 192, ante, following Rev. St. § 1094, different provisions were made relating to the composition of the Regular Army and its respective Departments, Corps, and other organizations. Call for volunteers; apportionment. Sec. 5. That when it becomes necessary to raise a volunteer army 5 the President shall issue his proclamation stating the number of men desired, within such limits as may be fixed by law, and the Secretary of War shall prescribe such rules and regulations, not inconsistent with the terms of this Act, as may in his judgment be necessary for the purpose of examining; organizing, and receiving into service the men called for: Provided, That all men received into service in the Volunteer Army shall, as far as practicable, be taken from the sev- eral States and 'Territories and the District of Columbia and the In- dian Territory in proportion to their population. And any company, troop, battalion or regiment from the Indian Territory shall be 878 (Sec. 1242 Tit. 14— THE ARMY-Ch. 1. formed and organized under such rules and regulations as shall be prescribed by the Secretary of War. Act April 22, 1898, c. 187, § 5, 30 Stat. 361. Organization and government of Volunteer Army and militia in serv- ice of United States; appointment of officers. Sec. 6. That the Volunteer Army and the militia of the States when called into the service of the United States shall be organized under, and shall be subject to, the laws, orders, and regulations gov- erning the Regular Army: Provided, That each regiment of the Volunteer Army shall have one surgeon, two assistant surgeons, and one chaplain, and that all the regimental and company officers shall be appointed by the governors of the States in which their respective organizations are raised: Provided further, That when the mem- bers of any company, troop, battery, battalion or regiment of the organized militia of any State shall enlist in the Volunteer Army in a body, as such company, troop, battery, battalion or regiment, the regimental, company, troop, battery and battalion officers in service with the militia organization thus enlisting may be appointed by the governors of the States and Territories, and shall when so appointed be officers of corresponding grades in the same organization when it shall have been received into the service of the United States as a part of the Volunteer Army: Provided further, That the Presi- dent may authorize the Secretary of War to organize companies, troops, battalions, or regiments, possessing special qualifications, from the nation at large not to exceed three thousand men, under such rules and regulations, including the appointment of the officers thereof, as may be prescribed by the Secretary of War. Act April 22, 1898, c. 187, § 6, 30 Stat. 362. Four days after the passage of this act, war between the United States and Spain having been declared to exist by Act April 25, 1898, c. 189, 30 Stat. 364, provisions relating to the organization of the volunteers and militia, in the event of a call by the President for either, were made by Act April 26, 1898, c. 191, § 3, 30 Stat. 364. And further provisions for raising and maintaining volunteers, and for the organization of the Regular and Volunteer Army, to continue in force until July 1, 1901, were made by Act March 2, 1899, c. 352, $8 12-15, 30 Stat. 987. These provisions relating to the Volunteer Army may be regarded as temporary and as having expired, and those re- lating to the Regular Army as superseded by Act Feb. 2, 1901, c. 192, ante, following Rev. St. $ 1094. The same rules and regulations in matters relating to pay and al- lowances apply to the Regular Army and to the volunteer forces by Rev. St. $ 1292. The same rules and regulations in matters relating to rank, duties, and rights of officers apply to officers of the Regular Army and to volunteers by Rev. St. $ 1342, art. 123. Provisions for reimbursing the governors of States and Territories for expenses incurred by them in aiding the United States to raise and organize and supply and equip the Volunteer Army in the war with Spain, and for transportation and subsistence expenses incurred for the militia or volunteers who presented themselves for enrollment in the Volunteer Army, and provisions for replacing ordnance and ordnance stores and quartermaster supplies which volunteers carried into the service of the United States, are contained in Act July 8, 1898, c. 647, 30 Stat. 730, Act March 3, 1899, c. 445, 30 Stat. 1356, Act May 26, 1900, c. 586, 31 Stat. 215, Act June 6, 1900, c. 791, 31 Sec. 1242) 879 Tit. 14—THE ARMY —Ch. 1. Stat. 612. Being temporary in their nature, and executed, they are omitted. Maximum strength of volunteer organizations to be maintained. Sec. 7. That all organizations of the Volunteer Army shall be so recruited from time to time as to maintain them as near to their maximum strength as the President may deem necessary, and no new organization shall be accepted into service from any State un- less the organizations already in service from such State are as near to their maximum strength of officers and enlisted men as the Presi- dent may deem necessary. Act April 22, 1898, c. 187, § 7, 30 Stat. 362. Returns and muster rolls and medical records of organization of Vol- unteer Ariny and of militia in service of United States. Sec. 8. That all returns and muster rolls of organizations of the Volunteer Army and of militia organizations while in the service of the United States shall be rendered to the Adjutant-General of the Army, and upon the disbandment of such organizations the records pertaining to them shall be transferred to and filed in the Record and Pension Office of the War Department. And Regimental and all other Medical officers serving with volunteer troops in the field or elsewhere shall keep a daily record of all soldiers reported sick, or wounded as shown by the morning calls or reports, and shall deposit such reports with other reports provided for in this section with the Record and Pension office as provided herein, for other reports, re- turns and niuster rolls. Act April 22, 1898, c. 187, § 8, 30 Stat. 362. Organization into divisions and Army corps. Sec. 9. That in time of war, or when war is imminent, the troops in the service of the United States, whether belonging to the Regular or Volunteer Army or to the militia, shall be organized, as far as practicable, into divisions of three brigades, each brigade to be com- posed of three or more regiments; and whenever three or more divisions are assembled in the same army the President is authorized to organize them into army corps, each corps to consist of not more than three divisions. Act April 22, 1898, c. 187, § 9, 30 Stat. 362. The organization of troops of the Regular Army into brigades and divisions is prescribed by Rev. St. § 1114. Staff of commander of Army corps, division, or brigade; appointment of staff officers. Sec. 10. That the staff of the commander of an army corps shall consist of one assistant adjutant-general, one chief engineer, one inspector-general, one chief quartermaster, one chief commissary of subsistence, one Judge Advocate, and one chief surgeon, who shall have, respectively, the rank of lieutenant-colonel; one assistant ad- jutant-general, who shall have the rank of captain, and the aids-de- camp authorized by law. The staff of the commander of a division shall consist of one assistant adjutant-general, one engineer officer, , one inspector-general, one chief quartermaster, one chief commissary 880 (Sec. 1242 Tit. 14—THE ARMY-Ch. 1. of subsistence, and one chief surgeon, who shall have, respectively, the rank of major, and the aids-de-camp authorized by law. The staff of the commander of a brigade shall consist of one assistant adjutant-general, one assistant quartermaster, and one commissary of subsistence, each with the rank of captain, one surgeon, and the aids-de-camp authorized by law. The staff officers herein authorized for the corps, division, and brigade commanders may be appointed by the President, by and with the advice and consent of the Senate, as officers of the Volunteer Army, or may be assigned by him, in his discretion, from officers of the Regular Army or the Volunteer Army, or of the militia in the service of the United States: Provided, That when relieved from such staff service said appointments or as- signments shall terminate. And provided, That officers of the Regu- lar Army shall be eligible for such staff appointments, and shall not be held to vacate their offices in the Regular Army by accepting the same, but shall be entitled to receive only the pay and allowances of their staff rank: Provided further, That officers of the Regular Army receiving commissions in regiments of engineers, or any other commissions in the Volunteer Army, shall not be held to vacate their offices in the Regular Army by accepting the same, but shall be enti- tled to receive only the pay and allowances of such volunteer rank while serving as such. Act April 22, 1898, c. 187, § 10, 30 Stat. 362. Act May 28, 1898, c. 367, § 1, 30 Stat. 421. The amendment of this section by Act May 28, 1898, c. 367, § 1, cited above, consists in the addition of the last two provisos, relating to staff appointments in the volunteers of officers of the Regular Army. The section is further amended by Act June 29, 1898, c. 538, set forth below, by the repeal of part of the section, including the first proviso thereof, and the enactment of a provision that "assignments of the officers of the voiunteer staff shall be governed by the same rules and regulations as those of the Regular Army.” And an omission from that part of the section which provides that the staff of the General commanding an Army corps shall consist of certain officers, with the rank of lieutenant-colonel, is corrected so as to include among such officers a chief signal officer, by Res. July 8, 1898, No. 57, set forth below. Subsequent provisions relating to the continuance in service and ap- pointment of officers of the volunteer staff were contained in Act March 2, 1899, c. 352, § 14, 30 Stat. 980, but are rendered merely temporary by the proviso annexed to that section that "all the volun- teer staff officers herein authorized to be appointed or retained in serv- ice shall be honorably discharged on July 1, 1901, or sooner if their services are no longer required." Appointments and details to the staff of the Regular Army are regu- lated by provisions of Act Feb. 2, 1901, c. 192, ante, following Rev. St. § 1094, particularly by sections 15, 18, 22, 26, and 27 of that act. Major-generals and brigadier-generals in Volunteer Army; aids. Sec. 11. That the President is hereby authorized to appoint in the Volunteer Army, by and with the advice and consent of the Senate, not exceeding one major-general for each organized army corps and division, and one brigadier-general for each brigade, and any officer so selected and appointed from the Regular Army shall be entitled to retain his rank therein: Provided, That each general officer of Sec. 1242) 881 Tit. 14– THE ARMY-Ch. 1. the Volunteer Army shall be entitled to the number of aids-de-camp authorized for an officer of like grade in the Regular Army. Act April 22, 1898, c. 187, § 11, 30 Stat. 363. The number of aids for general officers of the Regular Army is pre- scribed by Rev. St. $ 1098. Volunteer Army on same footing as Regular Army as to pay, allow- ances, and pensions. Sec. 12. That all officers and enlisted men of the Volunteer Army, and of the militia of the States when in the service of the United States, shall be in all respects on the same footing as to pay, allow- ances, and pensions as that of officers and enlisted men of correspond- ing grades in the Regular Army. Act April 22, 1898, c. 187, § 12, 30 Stat. 363. The same rules and regulations in matters relating to pay and allow- ances apply to the Regular Army and to the volunteer forces by Rev. St. § 1292. Appointment of officers of Regular Army in Volunteer Army. Sec. 13. That the governor of any State or Territory may, with the consent of the President, appoint officers of the Regular Army , in the grades of field officers in organizations of the Volunteer Army, and the President may appoint officers of the Regular Army in the grade of field officers in organizations of the Volunteer Army raised in the District of Columbia and the Indian Territory, and in the regiments possessing special qualifications, provided for in section six of an Act of Congress approved April twenty-second, eighteen hundred and ninety-eight, and in section two of the Act of Congress approved May eleventh, eighteen hundred and ninety-eight; and of- ficers thus appointed shall be entitled to retain their rank in the Reg- ular Army: Provided, That not more than one officer of the Reg- ular Army shall hold a commission in any one regiment of the Volun- teer Army at the same time: And provided further, That officers so appointed shall be entitled to receive only the pay and allowances of their rank in the volunteer organization. Act April 22, 1898, c. 187, § 13, 30 Stat. 363. Act May 28, 1898, c. 367, § 2, 30 Stat. 421. The amendment of this section by Act May 28, 1898, c. 367, § 2, cited above, consists in the insertion of the provision beginning with the words "and the President may appoint," and ending with the words "May eleventh, eighteen hundred and ninety-eight," and also in the addition of the last proviso. Examinations of officers of Volunteer Army. Sec. 14. That the general commanding a separate department or a detached army is authorized to appoint from time to time military boards of not less than three nor more than five Volunteer officers of the Volunteer Army to examine into the capacity, qualifications, conduct, and efficiency of any commissioned officer of said army with- in his command: Provided, That each member of the board shall be superior in rank to the officer whose qualifications are to be inquired into: And provided further, That if the report of such a board is adverse to the continuance of any officer, and the report be approved by the President, such officer shall be discharged from serv- LAWS '01-56 882 (Sec. 1242 Tit. 14—THE ARMY-Ch. 1. ice in the Volunteer Army, at the discretion of the President, with one month's pay and allowances. Act April 22, 1898, c. 187, 8 14, 30 Stat. 363. Provisions for examinations of officers of the Regular Army are con- tained in Act Oct. 1, 1890, c. 1241, § 3, ante, under Rev. St. $ 1204, and in other statutes collected or referred to under that section. Repeal. Sec. 15. That all Acts and parts of Acts inconsistent with the frovisions hereof be, and the same are hereby repealed. Act April 22, 1898, c. 187, § 15, 30 Stat. 363. ACT JUNE 29, 1898, c. 538. An Act to Amend Section ten of an Act Approved April twenty- second, Eighteen hundred and ninety-eight, Entitled “An Act to Provide for Temporarily Increasing the Military Establish- ment of the United States in Time of War, and for Other Pur- poses.” (30 Stat. 525.) Assignment of officers to volunteer staff. Be it enacted, &c., That so much of section ten of the Act ap- proved April twenty-second, eighteen hundred and ninety-eight, en- titled “An Act to provide for temporarily increasing the military es- tablishment of the United States in time of war, and for other pur- poses," as provides that “officers appointed or assigned to the staff of commanders of army corps, divisions, and brigades shall serve only in such capacity, and that when relieved from such staff service such appointments or assignments shall terminate,” be, and the same is hereby, repealed, and that assignments of the officers of the vol- unteer staff shall be governed by the same rules and regulations as those of the Regular Army. Act June 29, 1898, c. 538, 30 Stat. 525. A previous amendment of Act April 22, 1898, c. 187, § 10, referred to in this act, is incorporated in that section as set forth above. See note under that section as to effect of this amendment and of subse- quent provisions. RES. JULY 8, 1898, No. 57. Joint Resolution to Correct an Omission Relative to Signal Officers on the Staff of Corps Commanders, and for Other Purposes. (30 Stat. 752.) Staff of commander of Army corps; chief signal officer. Resolved, &c., That so much of section ten of the Act of Congress approved April twenty-fifth, eighteen hundred and ninety-eight, as provides that the staff of the general commanding an army corps shall consist of certain officers, with the rank of lieutenant-colonel , shall be held to include among such officers a chief signal officer : Provided, That so much of the Act of Congress approved August sixth, eighteen hundred and ninety-four, as reduces the grade of the Chief Signal Officer of the Army is hereby repealed, and the col- onel therein provided for shall be Assistant Chief Signal Officer and appointed, by regular promotion, upon the approval of this reso- Secs. 1242-1243) 883 Tit. 14—THE ARMY-Ch. 2. lution: Provided further, That the laws authorizing the detail and assignment of the officers of the Army to duty in the Weather Bureau be, and are hereby, repealed. Res. July 8, 1898, No. 57, 30 Stat. 752. The reference in this act to section 10 of Act April 25, 1898, was apparently intended to have been made to Act April 22, 1898, c. 187, $ 10, set forth above. The first provision of this act, relating to the grade of the Chief Signal Officer of the Army, and the assistant chief signal officer, is superseded by the provision relating to the organization of the Signal Corps contained in Act Feb. 2, 1901, c. 192, § 24, ante, following Rev. St. $ 1094. See note under section 24 of that act. The provisions for the detail of the officers of the Army to duty in the Weather Bureau, referred to and repealed in the second proviso of this act, were contained in Act Oct. 1, 1890, c. 1266, § 4, set forth under Title XII, “The Department of Agriculture,” c. B. CHAPTER TWO. Retirement. Sec. 1243. Retirement upon officer's own ap- plication. 1244. After 45 years or at the age of 62. Act June 18, 1878, c. 263, $ 7. All Army service to be credited in computing service for longevity pay and retirement. Act June 30, 1882, c. 254, § 1. Retirement upon officer's own appli- cation after 40 years regular or volunteer service; retirement at age of 64. Act March 3, 1883, c. 93, § 1. Unlimited retirements. 1245. For disability. 1246. Composition of retiring board. 1247. Oath of members. 1248. Powers and duties. 1249. Findings. 1250. Revision by the President. 1251. Finding of disability by an inci- dent of service. 1252. Disability not by an incident of service. 1253. Officers entitled to a hearing. Sec. 1254. Retired rank. Act March 3, 1875, c. 178, $ 2. Rank on retirement for disability from wounds received in action. 1255. Status of retired officers. 1256. Rights and liabilities. 1257. Vacancies by retirement. 1258. Number on the retired list. Act Feb. 16, 1891, c. 238. Transfers from limited to unlimited list; number on limited list. 1259. Assignment to duty. 1260. Detail as professor in a college. Act May 4, 1880, c. 81, $ 1. Detail on application of college, etc. Act Feb. 14, 1885, c. 67. Retirement of enlisted men. Act March 16, 1896, c. 59. Allowance to retired enlisted men for subsistence and clothing. Act May 26, 1900, c. 586. Length of service for retirement; credit for double time of service in Porto Rico, Cuba, or Philippine Islands. Sec. 1243. Retirement upon officer's own application. When an officer has served forty consecutive years as a commis- sioned officer, he shall, if he makes application therefor to the Presi- 884 (Secs. 1243-1244 Tit. 14—THE ARMY Ch. 2. dent, be retired from active service and placed upon the retired list. When an officer has been thirty years in service, he may, upon his own application, in the discretion of the President, be so retired, and placed on the retired list. Act Aug. 3, 1861, c. 42, § 15, 12 Stat. 289. Act July 15, 1870, c. 294, $$ 4, 5, 16 Stat. 317. The full time of service as officers in volunteer forces during rebel- lion, or as enlisted men in Regular or Volunteer armies, is to be credited to officers in computing their service for retirement, by Act June 18, 1878, c. 263, § 7, post, following Rev. St. $ 1244. And when an officer has served 40 years either as officer or soldier in the regular or volun- teer service, or both, he is to be retired, on his own application, by a provision of Act June 30, 1882, c. 254, § 1, also set forth post, following Rev. St. $ 1244. A provision that any paymaster of the rank of major who had served 20 years in the Army as commissioned officer might be placed on the retired list, on his own application or by direction of the President, until the Pay Department should be reduced to 35 members, was contain- ed in Act July 5, 1884, c. 217, 23 Stat. 108, but may be regarded as temporary, and superseded by subsequent provisions increasing the force of the department. See note under Act Feb. 2, 1901, c. 192, $ 21, ante, following Rev. St. 1094. Sec. 1244. . After 45 years or at the age of 62. When any officer has served forty-five years as a commissioned officer, or is sixty-two years old, he may be retired from active serv- ice at the discretion of the President. Act July 17, 1862, c. 200, $ 12, 12 Stat. 596. Officers are to be retired when 64 years of age, by a provision of Act June 18, 1882, c. 254, § 1, set forth below. ACT JUNE 18, 1878, c. 263, 8 7. All Army service to be credited in computing service for longevity pay and retirement. That on and after the passage of this act, all officers of the Army of the United States who have served as officers in the volunteer forces during the war of the rebellion, or as enlisted men in the armies of the United States, regular or volunteer, shall be, and are hereby, credited with the full time they may have served as such of- ficers and as such enlisted men in computing their service for lon- gevity pay and retirement. [Part of section omitted superseded. Act Feb. 16, 1891, C. 238.] Act June 18, 1878, c. 263, § 7, 20 Stat. 150. This is a part of the Army appropriation act for the fiscal year ending June 30, 1879, cited above. The portion of this section omitted here provided that the retired list should be limited to 400. It is superseded by Act Feb. 16, 1891, c. 238, post, under Rev. St. $ 1258, which limits the list to 350. Provisions for retirement of an officer who has served 40 years either as officer or soldier in the regular or volunteer service, or both, on his own application therefor, are contained in Act June 30, 1882, c. 254, $ 1, set forth below. * Secs. 1244-1245) 885 Tit. 14—THE ARMY - Ch. 2. ACT JUNE 30, 1882, c. 254, § 1. Retirement upon officer's own application after 40 years regular or volunteer service; retirement at age of 64. That on and after the passage of this act when an officer has served forty years either as an officer or soldier in the regular or volunteer service, or both, he shall, if he make application there- for to the President, be retired from active service and placed on the retired list, and, when an officer is sixty-four years of age, he shall be retired from active service and placed on the retired list. Act June 30, 1882, c. 254, § 1, 22 Stat. 118. This proviso is part of the Army appropriation act for the fiscal year ending June 30, 1883, cited above. The retirements provided for are in addition to those previously authorized by law, by Act March 3, 1883, c. 93, set forth below. A further proviso annexed to the same appropriation act, authorizing the honorable discharge of any officer supernumerary to the permanent or- ganization of the Army, is set forth post, following Rev. St. $ 1275. Special temporary provisions for the selection of two brigadier-generals of Volunteers to be brigadier-generals of the Regular Army, and their retirement, and for the selection from the retired list of an officer of the Regular Army not above the rank of brigadier-general, to be major- general on the retired list, are contained in Act Feb. 2, 1901, c. 192, $ 33, 31 Stat. 756. Provisions placing professors of the Military Academy on the same footing, as to retirement from active service, as officers of the Army, are contained in Rev. St. $ 1333. ACT MARCH 3, 1883, c. 93, § 1. Unlimited retirements. That nothing contained in the act making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and eighty-three, approved June thirtieth, eighteen hundred and eighty-two, shall be so construed as to prevent, limit, or restrict retirements from active service in the Army, as author- ized by law in force at the date of the approval of said act, retirements under the provisions of said act of June thirtieth, eighteen hundred and eighty-two, being in addition to those theretofore authorized by law. Act March 3, 1883, c. 93, § 1, 22 Stat. 457. This is a proviso annexed to the appropriation act for the pay of the Army in the Army appropriation act for the fiscal year ending June 30, 1884. Transfers from the limited to the unlimited list, of retired officers who attain the age of 64 years, are provided for, and the number of officers on the limited list is fixed, by Act Feb. 16, 1891, c. 238, post, under Rev. St. & 1258. * Sec. 1245. For disability, When any officer has become incapable of performing the duties of his office, he shall be either retired from active service, or wholly retired from the service, by the President, as hereinafter provided. Act Aug. 3, 1861, c. 42, § 16. 12 Stat. 289. 886 (Secs. 1246–1251 Tit. 14—THE ARMY - Ch. 2. Sec. 1246. Composition of retiring board. The Secretary of War, under the direction of the President, shall, from time to time, assemble an Army retiring board, consisting of not more than nine nor less than five officers, two-fifths of whom shall be selected from the Medical Corps. The board, excepting the of- ficers selected from the Medical Corps, shall be composed, as far as may be, of seniors in rank to the officer whose disability is inquired of. Act Aug. 3, 1861, c. 42, § 17, 12 Stat. 289. Sec. 1247. Oath of members. The members of said board shall be sworn in every case to dis- charge their duties honestly and impartially. Act Aug. 3, 1861, c. 42, § 17, 12 Stat. 290. Sec. 1248. Powers and duties. A retiring board may inquire into and determine the facts touch- ing the nature and occasion of the disability of any officer who ap- pears to be incapable of performing the duties of his office, and shall have such powers of a court-martial and of a court of inquiry as may be necessary for that purpose. Act Aug. 3, 1861, c. 42, § 17, 12 Stat. 290. Sec. 1249. Findings. When the board finds an officer incapacitated for active service, it shall also find and report the cause which, in its judgment, has produced his incapacity, and whether such cause is an incident of service. Act Aug. 3, 1861, c. 42, $ 17, 12 Stat. 290. Sec. 1250. Revision by the President. The proceedings and decision of the board shall be transmitted to the Secretary of War, and shall be laid by him before the Presi- dent for his approval or disapproval and orders in the case. Act Aug. 3, 1861, c. 42, § 17, 12 Stat. 290. Sec. 1251. Finding of disability by an incident of service. When a retiring board finds that an officer is incapacitated for active service, and that his incapacity is the result of an incident of service, and such decision is approved by the President, said officer Secs. 1252-1254) 887 Tit. 14—THE ARMY-Ch. 2. shall be retired from active service and placed on the list of retired officers. Act Aug. 3, 1861, c. 42, 8 17, 12 Stat. 290. Sec. 1252. Disability not by an incident of service. When the board finds that an officer is incapacitated for active service, and that his incapacity is not the result of any incident of service, and its decision is approved by the President, the officer shall be retired from active service, or wholly retired from the service, as the President may determine. The names of officers wholly re- tired from the service shall be omitted from the Army Register. Act Aug. 3, 1861, c. 42, § 17, 12 Stat. 290. Sec. 1253. Officers entitled to a hearing. Except in cases where an officer may be retired by the President upon his own application, or by reason of his having served forty- five years, or of his being sixty-two years old, no officer shall be re- tired from active service, nor shall an officer, in any case, be wholly retired from the service, without a full and fair hearing before an Army retiring board, if, upon due summons, he demands it. Act Aug. 3, 1861, c. 42, § 17, 12 Stat. 290. Sec. 1254. Retired rank. Officers hereafter retired from active service shall be retired upon the actual rank held by them at the date of retirement. Act June 10, 1872, c. 419, 17 Stat. 378. ACT MARCH 3, 1875, c. 178, $ 2. Rank on retirement for disability from wounds received in action. That all officers of the Army who have been heretofore retired by reason of disability arising from wounds received in action shall be considered as retired upon the actual rank held by them, whether in the regular or volunteer service, at the time when such wound was received, and shall be borne on the retired list and receive pay hereafter accordingly; and this section shall be taken and construed to include those now borne on the retired list placed upon it on ac- count of wounds received in action: Provided, That no part of the foregoing act shall apply to those officers who had been in service as commissioned officers twenty-five years at the date of their re- tirement; nor to those retired officers who had lost an arm or leg, or has an arm or leg permanently disabled by reason of resection, on account of wounds, or both eyes by reason of wounds received in battle; and every such officer now borne on the retired list shall be continued thereon notwithstanding the provisions of section two chapter thirty-eight act of March thirty, eighteen hundred and sixty- 888 (Secs. 1254-1257 Tit. 14THE ARMY - Ch. 2. eight; and be it also provided that no retired officer shall be affected by this act, who has been retired or may hereafter be retired on the rank held by him at the time of his retirement; and that all acts or parts of acts inconsistent herewith be, and are hereby, repealed. Act March 3, 1875, c. 178, § 2, 18 Stat. 512. Section 1 of this act relates to the retirement of General Samuel W. Crawford. Act March 30, 1868, c. 38, § 2, referred to in this section, is incorpo- rated in Rev. St. $ 1223. The pay of any officer retained on the retired list under this act is not to be suspended or withheld, notwithstanding he accepted and held a diplomatic or consular office, by a provision of Act March 3, 1891, c. 540, post, under Rev. St. § 1274. Sec. 1255. Status of retired officers. Officers retired from active service shall be withdrawn from com- mand and from the line of promotion. Act Aug. 3, 1861, c. 42, § 16, 12 Stat. 289. Act July 17, 1862, c. 200, § 12, 12 Stat. 596. Sec. 1256. Rights and liabilities. Officers retired from active service shall be entitled to wear the uniform of the rank on which they may be retired. They shall continue to be borne on the Army Register, and shall be subject to the rules and articles of war, and to trial by general court-martial for any breach thereof. Act Aug. 3, 1861, c. 42, $ 18, 12 Stat. 290. Officers and men on the retired list are included in the composition of the Army, as prescribed by Act Feb. 2, 1901, c. 192, § 1, ante, following Rev. St. $ 1094. The pay and allowances of retired officers are prescribed by Rev. St. SS 1274, 1275, and subsequent provisions collected under those sections. Retired officers may be assigned to duty at the Soldiers' Home, under Rev. St. § 1259. Retired officers are specifically excepted from the provision forbidding all persons holding an office, the salary or annual compensation attached to which amounts to $2,500, from holding any other lucrative office, con- tained in Aet July 31, 1894, c. 174, $ 2, post, under Rev. St. $ 1765, Retired officers may be employed on the river and harbor improvements of the United States, and may receive compensation therefor, by Act June 3, 1896, c. 314, $ 7, post, under Rev. St. $ 1765. The employment of retired officers, in time of war, on active duty, other than in the command of troops, when so employed to receive full pay and allowances in their respective grades, was authorized by Act March 2, 1899, c. 352, § 7, 30 Stat. 977. The Adjutant-General of the Militia of District of Columbia may be a retired officer, by Act June 6, 1900, c. 811, 31 Stat. 671. Sec. 1257. Vacancies by retirement. When any officer in the line of promotion is retired from active service, the next officer in rank shall be promoted to his place, ac- Secs. 1258-1259) 889 Tit. 14—THE ARMYCh. 2. cording to the established rules of the service; and the same rule of promotion shall be applied, successively, to the vacancies conse- quent upon such retirement. Act Aug. 3, 1861, c. 42, § 16, 12 Stat. 289. Sec. 1258. Number on the retired list. The whole number of officers of the Army on the retired list shall not at any time exceed three hundred, and any less number to be , allowed thereon may be fixed by the President in his discretion. Act Aug. 3, 1861, c. 42, $ 16, 12 Stat. 289. Act July 15, 1870, c. 294, § 5, 16 Stat. 317. The number of officers which may be placed on the retired list was fixed at 400 by Act June 18, 1878, c. 263, § 7, 20 Stat. 150. But by Act Feb. 16, 1891, c. 238, set forth below, the number is fixed at 350, and it is further provided that all officers who had been placed on the "limited retired list" should, when they attained the age of 64 years, be transferred therefrom to the "unlimited retired list" of officers retired by operation of law because of having attained the age of 64 years, as provided by Act June 30, 1882, c. 254, § 1, ante, under section 1244. ACT FEB. 16, 1891, c. 238. An Act to Transfer Officers on the Retired List of the Army from the Limited List to the Unlimited. (26 Stat. 763.) Transfers from limited to unlimited list; number on limited list. Be it enacted, &c., That when officers who have been placed on the limited retired list as established by section seven, chapter two hun- dred and sixty-three, page one hundred and fifty, volume twenty, United States Statutes at Large, shall have attained the age of sixty- four years they shall be transferred from said limited retired list to the unlimited list of officers retired by operation of law because of having attained said age of sixty-four years. And the limited re- tired list shall hereafter consist of three hundred and fifty instead of four hundred, as now fixed by law: Provided, That officers who have been placed on the retired list by special authority of Congress shall not form part of the limited retired list established by this act. Act Feb. 16, 1891, c. 238, 26 Stat. 763. This act, by providing that the limited retired list shall consist of 350 instead of 400, supersedes that part of section 7 of Act June 18, 1878, c. 263, 20 Stat. 150, which fixed the number of the limited list at 400; and also in effect supersedes the provision of Rev. St. $ 1258, which fixed the number of officers who may be placed on the retired list at 300. Sec. 1259. Assignment to duty. Retired officers of the Army may be assigned to duty at the Sol- diers' Home, upon a selection by the commissioners of that insti- tution, approved by the Secretary of War; and a retired officer shall not be assignable to any other duty: Provided, That they receive 890 (Secs. 1259-1260 Tit. 14—THE ARMY —Ch. 2. from the Government only the pay and emoluments allowed by law to retired officers. Act Jan. 21, 1870, c. 9, § 2, 16 Stat. 62. Res. April 6, 1870, No. 32, 16 Stat. 372. Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 243. This section was amended by Act Feb. 27, 1877, c. 69, § 1, cited above, by the addition of the proviso as set forth here. The officers of the Soldiers' Home are provided for by Rev. St. § 4816. Sec. 1260. Detail as professor in a college. Any retired officer may, on his own application, be detailed to serve as professor in any college. But while so serving, such officer shall be allowed no additional compensation. Act July 15, 1870, c. 294, 8 23, 16 Stat. 320. Act Feb. 27, 1877, c. 69, 19 Stat. 242. This section was amended by Act Feb. 27, 1877, c. 69, § 1, cited above, by the addition of the clause beginning with the words "but while so serving." Provisions for detail of retired officers on the application of a college, university, etc., to act as president, superintendent, or professor thereof, are contained in a provision of Act May 4, 1880, c. 81, § 1, set forth below. Various acts amendatory of and subsequent to Rev. St. § 1225, which provides for details for similar purposes of officers in active service, contain provisions relating to the detail of retired officers, also, for serv- ice at certain educational institutions as professors and instructors there- in. Such provisions are either incorporated into Rev. St. § 1225, or set forth following that section. The detail of officers under this section is not to be prevented or re- stricted by construction of Act Nov. 3, 1893, c. 13, ante, under Rev. St. § 1225, under a proviso to that effect in Act Aug. 6, 1894, c. 228, also set forth ante, under Rev. St. 8 1225. ACT MAY 4, 1880, c. 81, § 1. Detail on application of college, etc. That upon the application of any college, university, or institution of learning incorporated under the laws of any State within the Unit- ed States, having capacity at the same time to educate not less than one hundred and fifty male students, the President may detail an officer of the Army on the retired list to act as president, superintend- ent, or professor thereof; and such officer may receive from the in- stitution to which he may be detailed the difference between his re- tired and full pay, and shall not receive any additional pay or allow- ance from the United States. Act May 4, 1880, c. 81, 8 1, 21 Stat. 110. This is a provision of the Army appropriation act for the year ending June 30, 1881, cited above. ACT FEB. 14, 1885, c. 67. [As amended 1890.] An Act to Authorize a Retired List for Privates and Noncommis- sioned Officers of the United States Army, who Have Served for a Period of Thirty Years or Upward. (23 Stat. 305.) Retirement of enlisted men. That when an enlisted man has served as such thirty years in the United States Arny or Marine Corps, either as private or non-com- Sec. 1260) - Tit. 14—THE ARMY-891 Ch. 3. missioned officer, or both, he shall by application to the President be placed on the retired list hereby created, with the rank held by him at the date of retirement, and he shall receive thereafter seventy- five per centum of the pay and allowances of the rank upon which he was retired: Provided, That if said enlisted man had war service with the Army in the field, or in the Navy or Marine Corps in active service, either as volunteer or regular, during the war of the rebel- lion, such war service shall be computed as double time in computing the thirty years necessary to entitle him to be retired. Act Feb. 14, 1885, c. 67, 23 Stat. 305. Act Sept. 30, 1890, c. 1125, 26 Stat. 504. This act was amended by Act Sept. 30, 1892, c. 1125, cited above, by the addition of the proviso at the end thereof. A monthly allowance in money in lieu of the allowance for subsistence and clothing is made by a provision of Act March 16, 1896, c. 59, set forth below. In computing length of service for retirement, credit for double the actual time of service in Porto Rico, Cuba, or the Philippine Islands is to be given, by a provision of Act May 26, 1900, c. 586, set forth below. ACT MARCH 16, 1896, c. 59. * Allowance to retired enlisted men for subsistence and clothing. For pay of the enlisted men of the Army on the retired list, Provided, That hereafter a monthly allowance of nine dollars and fifty cents be granted in lieu of the allowance for subsistence and clothing Act March 16, 1896, c. 59, 29 Stat. 62. This is a provision of the Army appropriation act for the year end- ing June 30, 1897, cited above. ACT MAY 26, 1900, c. 586. Length of service for retirement; credit for double time of service in Porto Rico, Cuba, or Philippine Islands. That hereafter, in computing length of service for retirement, credit shall be given the soldier for double the time of his actual service in Porto Rico, Cuba, or in the Philippine Islands. Act May 26, 1900, c. 586, 31 Stat. 209. This is a proviso, annexed to an appropriation for pay of the enlisted men on the retired list, in the Army appropriation act for the fiscal year ending June 30, 1901, cited above. CHAPTER THREE. Pay and Allowances. Sec. 1261. Rates of pay. Act April 26, 1898, c. 191, 8 7. Increase of pay of officer exercising, in time of war, command higher than his grade. Sec. Act March 2, 1901, c. 803. Increase of pay of officers and enlist- ed men serving beyond the limits of the States of the Union and the contiguous Territories. S92 Tit. 14—THE ARMY Ch. 3. Sec. 1262. Service pay. Act June 30, 1882, c. 254. Service pay; computation of serv- ice; grade. 1263. Not to exceed forty per centum on yearly pay. 1264. Brevets. 1265. Pay during absence. Act July 29, 1876, c. 239. Leave of absence without deduction of pay. 1266. Forfeiture of pay. 1267. Maximum of colonel's and lieu- tenant-colonel's pay. 1268. To be paid monthly. 1269. Allowances. 1270. Allowance of fuel, quarters, and forage. Act June 18, 1878, c. 263, SS 8, 9. 8. Fuel to be sold, and forage in kind to be furnished, to officers. 9. Quarters in kind, and commuta- tion. Act June 23, 1879, c. 35. Commutation of quarters; rate. Act Feb. 24, 1881, c. 79, $ 1. Commutation of quarters to Lieu- tenant-General. Forage to officers east of Mississippi River. Act June 30, 1882, c. 254, § 1. Commutation of quarters to officers and men of Signal Service. Act Feb. 27, 1893, c. 168. Quarters or commutation to officers absent on duty; mileage and trans- portation. 1271, 1272. [Superseded.] 1273. [Superseded.] Act July 24, 1876, c. 226, § 2. Mileage. Act March 3, 1883, c. 93, $ 1. Mileage; computation; order for travel. Act Sept. 19, 1890, c. 907, $ 15. Mileage to engineer officers. Act Feb. 27, 1893, c. 168. Mileage to paymasters' clerks and accountant of Inspector-General's Department. Act Aug. 6, 1894, c. 228. Mileage for inspections only when authorized; orders to state special duty. Sec. Act March 2, 1901, c. 803. Mileage; rate; computation, deduc- tions, etc.; leave of absence; travel allowances. 1274. Officers retired from active serv- ice. Act March 3, 1891, c. 540, § 1. Officers retained on retired list not- withstanding acceptance of diplo- matic or consular office. 1275. Wholly retired. Act June 30, 1882, c. 254, $ 1. Supernumerary officers; discharge and pay. 1276. Indian scouts. 1277. Hospital matrons; female nurses. 1278. [Repealed.] 1279. Chief musicians; [artificers; wag- oners; principal assistant in Ordnance Bureau.] 1280. Pay of enlisted men. Act Feb. 27, 1893, c. 168. Pay of first sergeants and sergeants. Act April 26, 1898, c. 191, $$ 3, 6. 3. Pay of Signal Corps, and of quar- termaster and veterinary ser- geants. 6. Increase of pay of enlisted men in time of war. Act March 2, 1899, c. 352, 88 2-4, 9. 2. Pay of regimental sergeant-ma- jors, quartermaster-sergeants, and commissary-sergeants, of squadron sergeant-majors, and of quartermaster-sergeants of troop, in cavalry. 3. Pay of quartermaster-sergeants and mechanics of battery, and of electrician-sergeants, in ar- tillery. 4. Pay of regimental commissary- sergeants, of battalion sergeant- majors, and of quartermaster- sergeants of company, in infant- ry. 9. Pay of cooks. Act May 26, 1900, c. 586. Pay of regimental sergeant-majors and quartermaster-sergeants, in in- fantry. 1281. Additional pay. 1282. Re-enlistment pay. 1283. Service pay of men already in service. Sec. 1261) 893 Tit. 14—THE ARMY —Ch. 3. Sec. 1284. Re-enlistment. Act March 16, 1896, c. 59. Pay not to be retained. 1285. Certificate of merit. 1286. Non-commissioned officers of Mex- ican war. 1287. Extra duty. Act June 20, 1878, c. 359. Extra-duty pay to Signal Service men. Act March 3, 1885, c. 339. Rates of extra-duty pay. 1288. During captivity. 1289. Travel pay to officers. 1290. Travel pay to soldiers. Act March 16, 1896, c. 59. Travel pay; discharge for disability caused by misconduct. Act May 26, 1900, c. 586. Transportation of remains of de- ceased civilian employés dying in Cuba, Porto Rico, Hawaii, or the Philippines, and soldiers dying on Government transports. Act June 7, 1900, c. 860. Travel pay; discharge by order of Secretary of War. Act Feb. 8, 1901, c. 342. Travel pay; discharge in Philippine Islands and re-entering service; sea travel from or between island possessions. 1291. Soldiers' pay not assignable. Act March 2, 1899, c. 352, $ 16. Allotments of pay by enlisted men. Act March 2, 1901, c. 803. Payment to allottees; credits to dis- bursing officers. Sec. 1292. Volunteers. Act Feb. 24, 1897, c. 311. 1. Pay of officers of volunteers dur- ing rebellion. 2. Heirs or legal representatives en- titled. 3. Pay for services actually per- formed not to be recovered back. 4. Repeal. 1293. Rations of enlisted men. Act July 16, 1892, c. 195. No enlisted man to receive more than one ration. 1294. Sugar and coffee. 1295. Laundresses, matrons, and rurses. 1296. Clothing, prescribed by the Presi- dent. 1297. [Superseded.] Act July 16, 1892, c. 195. Allowance for clothing to ordnance- sergeants. 1298. Gratuitous clothing. 1299. Deductions for rations purchased. 1300. For articles purchased. 1301. For tobacco purchased. 1302. Clothing allowance and deduc- tions. Act June 30, 1882, c. 254, $ 3. Laundry work and necessary articles for recruits. 1303. For damage to arms. 1304. For deficiencies. 1305. Deposits of soldiers' savings. 1306. Interest on deposits. 1307. Regulations for deposits. 1308. Deposits and clothing-balances, how payable. Sec. 1261. Rates of pay. The officers of the Army shall be entitled to the pay herein stated after their respective designations: The General: thirteen thousand five hundred dollars a year. Lieutenant-General: eleven thousand dollars a year. Major-general: seven thousand five hundred dollars a year. Brigadier-general: five thousand five hundred dollars a year. Colonel : three thousand five hundred dollars a year. Lieutenant-colonel: three thousand dollars a year. Major: Two thousand five hundred dollars a year. Captain, mounted: two thousand dollars a year. Captain, not mounted : eighteen hundred dollars a year. Adjutant: eighteen hundred dollars a year. 894 - Tit. 14—THE ARMY (Sec. 1261 — Ch. 3. Regimental quartermaster: eighteen hundred dollars a year. First lieutenant, mounted: sixteen hundred dollars a year. First lieutenant, not mounted: fifteen hundred dollars a year. Second lieutenant, mounted: fifteen hundred dollars a year. Second lieutenant, not mounted: fourteen hundred dollars a year. Chaplain: fifteen hundred dollars a year. Aid to major-general: two hundred dollars a year, in addition to pay of his rank. Aid to brigadier-general: one hundred and fifty dollars a year, in addition to pay of his rank. Acting assistant commissary: one hundred dollars a year, in addi- tion to pay of his rank. Ordnance store-keeper at Springfield armory: two thousand five hundred dollars a year. All other store-keepers: two thousand dollars a year. Act March 2, 1867, c. 145, $ 7, 14 Stat. 423. Act July 15, 1870, c. 294, $ 24, 16 Stat. 320. Subsequent statutes, which abolish certain grades or officers mentioned in this section, change the rates of pay of others, and make other pro- visions relating to pay of officers, are set forth or referred to below. The provision of this section for the pay of the General has become inoperative, that grade having ceased. See note under Rev. St. $$ 1095, 1096. The provision for pay of the Lieutenant-General is made applicable to the grade as revived by Res. Feb. 5, 1895, No. 9, by section 2 thereof, ante, following Rev. St. § 1096. A provision that the senior major general of the line commanding the Army should have the rank, pay, and allowances of a Lieutenant-Gen- eral, and his personal staff the rank, pay, and allowances authorized for the staff of a Lieutenant-General, may be regarded as superseded by the inclusion of the Lieutenant-General in the composition of the Army, by Act Feb. 2, 1901, c. 192, § 1, ante, following Rev. St. $ 1094. The provisions for pay of the ordnance storekeeper at Springfield armory and of other storekeepers, applicable to ordnance storekeepers authorized by Rev. St. $ 1159, and military storekeepers authorized by Rev. St. $ 1132, have become inoperative, those grades having ceased. See notes under the sections mentioned. An ordnance storekeeper is authorized by Act May 1, 1882, c. 111, and has the rank of major by Act June 6, 1896, c. 338, ante, under Rev. St. $ 1159; and a military storekeeper is authorized by Act July 1, 1898, c. 544, ante, under Rev. St. § 1132. Each of these offices is to cease, on the occurrence of a vacancy therein, by Act Feb. 2, 1901, c. 192, § 1, ante, following Rev. St. § 1094. The principal assistant in the Ordnance Bureau is entitled to com- pensation, not exceeding that of a major of ordnance, by Rev. St. § 1279, as amended by Act Feb. 27, 1877, c. 69, 19 Stat. 243. Rates of pay of officers detailed as squadron and battalion staff officers are fixed by provisions of Act Feb. 2, 1901, c. 192, $$ 2, 6, 10, 11, ante, following Rev. St. § 1094; squadron and battalion adjutants, $1,800 per annum and the allowances of first lieutenants; squadron and battalion quartermasters and commissaries, $1,600 per annum and the allowances of second lieutenants. Acting judge-advocates have the rank, pay, and allowances of a captain, mounted, by Act Feb. 2, 1901, c. 192, $ 15, ante, following Rev. St. § 1094. Chaplains have the rank, pay, and allowances of captains of infantry, by Act Feb. 2, 1901, c. 192, § 15, ante, following Rev. St. & 1094. Surgeons have the rank of major, and assistant surgeons the rank of captain or lieutenant, under Act Feb. 2, 1901, c. 192, § 18, ante, follow- ing Rev. St. § 1094; assistant surgeons having the rank, pay, etc., of Sec. 1261) 895 Tit. 14—THE ARMY —Ch. 3. lieutenants for the first five years' service, and of captains after five years' service, by Act June 23, 1874, c. 458, § 4, ante, under Rev. St. $ 1168. The compensation of contract surgeons and dental surgeons is not to exceed $150 per month, with extra compensation to three dental surgeons for special services, by Act Feb. 2, 1901, c. 192, § 18, ante, following Rev. St. § 1094. The pay and allowances of provisional officers of native organizations in the Philippine Islands are those of officers of like grades in the Reg- ular Army, by Act Feb. 2, 1901, c. 192, § 36; and the pay and allow- ances of field officers of the provisional regiment for service in Porto Rico are those of the grade in which they serve, by section 37 of that act, ante, following Rev. St. $ 1094. Officers assigned to duty which requires them to be mounted are, dur- ing the time they are employed on such duty, entitled to the pay, etc., of cavalry officers of the same grade, by a proviso annexed to Rev. St. 8 1270, by amendment by Act Feb. 27, 1877, c. 69. Provisions that any officer exercising, in time of war, a command higher than his grade, shall receive the pay and allowances appropriate to such command, are contained in Act April 26, 1898, c. 191, § 7, set forth below. The pay of officers serving beyond the limits of the States comprising the Union, and the Territories contiguous thereto, is increased ten per cent. by a provision of Act March 2, 1901, c. 803, set forth below. Provisions relating to the pay and allowances of officers and enlisted men of volunteers under Act April 22, 1898, c. 887, and acts supple- mental thereto, ante, at end of chapter 1 of this Title, are contained in Act May 26, 1898, c. 363, 30 Stat. 420, as amended by Act July 7, 1898, c. 584, 30 Stat. 721; Act July 8, 1898, c. 644, 30 Stat. 729; Act Jan. 12, 1899, c. 46, § 1, 30 Stat. 784; Act March 3, 1899, c. 423, § 1, 30 Stat. 1074; Act May 26, 1900, c. 586, 31 Stat. 271. Being temporary in . . their nature, these provisions are omitted. Provisions relating to the pay and allowances of officers, professors, instructors, etc., and cadets at the Military Academy, are contained in chapter 4 of this Title. * * ACT APRIL 26, 1898, c. 191, $ 7. Increase of pay of officer exercising, in time of war, command higher than his grade. That in time of war every officer serving with troops operating against an enemy who shall exercise, under assignment in orders issued by competent authority, a command above that pertaining to his grade, shall be entitled to receive the pay and allowances of the grade appropriate to the command so exercised: Provided, That a rate of pay exceeding that of a brigadier-general shall not be paid in any case by reason of such assignment: Act April 26, 1898, c. 191, § 7, 30 Stat. 365. The portion of this section omitted here is a further proviso for the reduction of the Army, at the end of any war in which the United States may become involved, to a peace basis, by transfer, absorption by promotion, or honorable discharge of supernumerary officers and en- listed men. It was superseded, to a great extent, by provisions of Act March 2, 1899, c. 352, § 15, 30 Stat. 981, and, like those provisions, may be regarded as temporary. The appropriation for additional pay, pursuant to this section, in the Army appropriation act for the year ending June 30, 1901, contained a proviso that no part thereof be used for pay of officers assigned to higher command than their rank in the Army, unless such service should be continuous for a period of not less than three months. Act May 26, 1900, c. 586, 31 Stat. 211. 896 (Secs. 1261-1262 Tit. 14—THE ARMY —Ch. 3. ACT MARCH 2, 1901, c. 803. Increase of pay of officers and enlisted men serving beyond the limits of the States of the Union and the contiguous Territories. * That hereafter the pay proper of all officers and enlisted men serving beyond the limits of the States comprising the Union, and the Territories of the United States contiguous thereto, shall be in- creased ten per centum for officers and twenty per centum for en- listed men over and above the rates of pay proper as fixed by law for time of peace, and the time of such service shall be counted from the date of departure from said States to the date of return thereto: Provided further, That the officers and enlisted men who have served in China at any time since the twenty-sixth day of May, nineteen hundred, shall be allowed and paid for such service the same increase of pay proper as is herein provided for: Provided further, That en- listed men receiving or entitled to the twenty per centum increased pay herein authorized shall not be entitled to or receive any addi- tional increased compensation for what is known as extra or special duty. Act March 2, 1901, c. 803, 31 Stat. 903. This is a proviso annexed to the appropriations for increase on pay in the Army appropriation act for the year ending June 30, 1902, cited above. A similar but less comprehensive provision, contained in the Army appropriation act for the preceding year, Act May 26, 1900, c. 586, 31 Stat. 211, may be regarded as superseded by this provision. Sec. 1262. Service pay. There shall be allowed and paid to each commissioned officer be- low the rank of brigadier-general, including chaplains and others having assimilated rank or pay, ten per centum of their current year- ly pay for each term of five years of service. Act July 15, 1870, c. 294, $ 24, 16 Stat. 320. A provision that all officers of the Army, who served as officers in the volunteer forces during the rebellion, or as enlisted men in the Armies of the United States, regular or volunteer, shall be credited with the full time they may have so served, in computing their service for lon- gevity pay and for retirement, is contained in Act June 18, 1878, c. 263, $ 7, ante, under Rev. St. $ 1244. Further provisions for the allowance of the actual time of service in the Army or Navy, or both, and as to the pay of the grade on which the increase shall be computed, are contained in Act June 30, 1882, c. 254, set forth below. ACT JUNE 30, 1882, c. 254. * Service pay; computation of service; grade. For * additional pay to officers for length of service, to be paid with their current monthly pay, and the actual time of service in the Army or Navy, or both, shall be allowed all officers in computing their pay: Provided, That from and after the first day of July, eigh- teen hundred and eighty-two, the ten per centum increase for length of service allowed to certain officers by section twelve hundred and sixty-two of the Revised Statutes shall be computed on the yearly Secs. 1262-1265) 897 Tit. 14—THE ARMY -Ch. 3. pay of the grade fixed by sections twelve hundred and sixty-one and twelve hundred and seventy-four of the Revised Statutes. * * Act June 30, 1882, c. 254, 22 Stat. 118. This is a provision of the Army appropriation act for the year ending June 30, 1883, cited above. The same provision, but without the pro- viso, was contained in the similar appropriation act for the precedin: year, Act Feb. 24, 1881, c. 79, 21 Stat. 346. Sec. 1263. Not to exceed forty per centum on yearly pay. The total amount of such increase for length of service shall in no case exceed forty per centum on the yearly pay of the grade as pro- vided by law. Act July 15, 1870, c. 294, $ 24, 16 Stat. 230. A further limitation of the amount of the pay of a colonel or a lieu - tenant-colonel is contained in Rev. St. § 1267. Sec. 1264. Brevets. Brevets conferred upon commissioned officers shall not entitle them to any increase of pay. Act March 3, 1863, c. 82, 12 Stat. 758. Act March 3, 1865, c. 79, $ 9, 13 Stat. 488. Provisions relating to brevet commissions are contained in Rev. St. SS 1210-1212. Sec. 1265. Pay during absence. Officers when absent on account of sickness or wounds, or law- fully absent from duty and waiting orders, shall receive full pay; when absent with leave, for other causes, full pay during such ab- sence not exceeding in the aggregate thirty days in one year, and half-pay during such absence exceeding thirty days in one year. When absent without leave, they shall forfeit all pay during such absence, unless the absence is excused as unavoidable. Act Aug. 3, 1861, c. 42, § 20, 12 Stat. 290. Act March 3, 1863, c. 75, $ 31, 12 Stat. 736. Act June 20, 1864, c. 145, $ 11, 13 Stat. 143. Act July 15, 1870, c. 294, § 24, 16 Stat. 320. Provisions for leaves of absence, without deduction of pay, are con- tained in Act July 29, 1876, c. 239, set forth below. ACT JULY 29, 1876, c. 239. An Act to Amend an Act Approved May eighth, Eighteen hundred and seventy-four, in Regard to Leave of Absence of Army Offi- cers. (19 Stat. 102.) Leave of absence without deduction of pay. Be it enacted, &c., That an act approved May eighth, eighteen hundred and seventy-four, in regard to leave of absence of Army officers, be and the same is hereby, so amended that all officers on duty shall be allowed in the discretion of the Secretary of War, sixty LAWS '01-57 898 (Secs. 1265-1269 Tit. 14—THE ARMY —Ch. 3. days' leave of absence without deduction of pay or allowance: Pro- vided, That the same be taken once in two years: And provided further, That the leave of absence may be extended to three months, if taken once only in three years, or four months if taken only once in four years. This act shall take effect from and after its passage. Act July 29, 1876, c. 239, 19 Stat. 102. Act May 8, 1874, c. 154, 18 Stat. 43, referred to and amended in this act, is wholly superseded there- by. It was as follows: "That all officers on duty at any point west of a line drawn north and south through Omaha City, and north of a line drawn east and west upon the southern boundary of Arizona, shall be allowed sixty days leave of absence without deduction of pay or allowances: Provided, That the same is taken but once in two years: And provided further, That the leave of absence may be extended to three months if taken once only in three years; or four months, if taken once only in four years." Sec. 1266. . Forfeiture of pay. Every officer who is dropped by the President from the rolls of the Army, for absence from duty three months without leave, shall for- feit all pay due or to become due. Act July 15, 1870, c. 294, $ 17, 16 Stat. 319. A provision that an officer of the Army, absent three months without leave, may be dropped from the rolls, is contained in Rev. St. § 1229. Sec. 1267. Maximum of colonel's and lieutenant-colonel's pay. In no case shall the pay of a colonel exceed four thousand five hundred dollars a year, or the pay of a lieutenant-colonel exceed four thousand dollars a year. Act July 15, 1870, c. 294, $ 24, 16 Stat. 320. Sec. 1268. To be paid monthly. The sums hereinbefore allowed shall be paid in monthly payments by the paymaster. Act July 15, 1870, c. 294, $ 24, 16 Stat. 320. Sec. 1269. Allowances. No allowances shall be made to officers in addition to their pay except as hereinafter provided. Act July 15, 1870, c. 294, $ 24, 16 Stat. 320. Provisions for payment to officers and others in the military service, for horses and other property lost in the service, are contained in Rev. St. $$ 3482–3489, and subsequent statutes set forth under those sec- tions. Sec. 1270) 899 Tit. 14—THE ARMY — Ch. 3. Sec. 1270. [As amended 1877.] Allowance of fuel, quarters, and forage. Fuel, quarters, and forage may be furnished in kind to officers by the Quartermaster's Department according to law and regulations: Provided, however, That when forage in kind cannot be furnished by the proper departments, then and in all such cases, officers enti- tled to forage may commute the same according to existing regula- tions: Provided further, That officers of the Army and of Volun- teers assigned to duty which requires them to be mounted shall, during the time they are employed on such duty receive the pay, emoluments, and allowances of cavalry officers of the same grade respectively. Act July 15, 1870, c. 294, $ 24, 16 Stat. 320. Act Feb. 27, 1877, c. 69, 19 Stat. 243. The amendment of this section by Act Feb. 27, 1877, c. 69, cited above, consists in the addition of the two provisos. Subsequent provisions of various statutes relating to allowance or com- mutation of fuel, quarters, and forage are set forth below. ACT JUNE 18, 1878, c. 263, 88 8, 9. Fuel to be sold, and forage in kind to be furnished, to officers. Sec. 8. Allowance of or commutation for fuel to commissioned officers is hereby prohibited; but fuel may be furnished to the officers of the Army by the Quartermaster's Department, for the actual use of such officers only, at the rate of three dollars per cord for standard oak wood, or at an equivalent rate for other kinds of fuel according to the regulations now in existence; and forage in kind may be fur- nished to the officers of the Army, by the Quartermaster's Depart- ment, only for horses owned and actualiy kept by such officers in the performance of their official military duties when on duty with troops in the field or at such military posts west of the Mississippi River, as may be from time to time designated by the Secretary of War, and not otherwise as follows: To the General five horses; to the Lieu- tenant General four horses; to a major-general three horses; to a brigadier-general, three horses; to a colonel two horses; to a lieu- tenant-colonel, two horses; to a major, two horses; to a captain (mounted), two horses; to a lieutenant (mounted), two horses; to an adjutant, two horses; to a regimental quartermaster, two horses. Act June 18, 1878, c. 263, § 8, 20 Stat. 150. These provisions supersede those of Rev. St. $$ 1271, 1272. The issue of forage to officers serving east of the Mississippi River is provided for by Act Feb. 24, 1881, c. 79, set forth below. The provision of this section relating to the General has become in- operative, that grade having ceased. See note under Rev. St. $$ 1095, 1096. Quarters in kind, and commutation. Sec. 9. That at all posts and stations where there are public quarters . belonging to the United States, officers may be furnished with quarters in kind in such public quarters, and not elsewhere, by the Quarter- master's Department, assigning to the officers of each grade, re- spectively, such number of rooms as is now allowed to such grade 900 (Sec. 1270 Tit. 14—THE ARMY —Ch. 3. by the rules and regulations of the Army: Provided, That at places where there are no public quarters, commutation therefor may be paid by the Pay Department to the officer entitled to the same at a rate not exceeding ten dollars per room per month, and the com- mutation for quarters allowed to the General shall be at the rate of one hundred and twenty-five dollars per month, and to the Lieuten- ant General at the rate of seventy dollars per month. Act June 18, 1878, c. 263, § 9, 20 Stat. 151. The rate of commutation of quarters is increased to $12 per room per month by a provision of Act June 23, 1879, c. 35, set forth below. The provision relating to the General has become inoperative, that grade having ceased. See note under Rev. St. $$ 1095, 1096. The rate of commutation to the Lieutenant-General is increased to $100 per month by a provision of Act Feb. 24, 1881, c. 79, set forth below. ACT JUNE 23, 1879, c. 35. Commutation of quarters; rate. * * That no allowance shall be made for claims for quarters for servants heretofore or hereafter; and that the rate of commutation shall hereafter be twelve dollars per room per month for officers' quarters, in lieu of ten dollars, as now provided by law. Act June 23, 1879, c. 35, 21 Stat. 31. ACT FEB. 24, 1881, c. 79, § 1. Commutation of quarters to Lieutenant-General. That the allowance for commutation of quarters to the Lieu- tenant-General of the Army shall be one hundred dollars per month. Act Feb. 24, 1881, c. 79, § 1, 21 Stat. 347. This is a provision of the appropriation act for the support of the Army for the fiscal year ending June 30, 1882, cited above. It is repeated in the similar appropriation act for the following year, Act June 30, 1882, c. 254, § 1, 22 Stat. 118. Forage to officers east of Mississippi River. That there shall be no discrimination in the issue of forage against officers serving east of the Mississippi River, provided they are required by law to be mounted, and actually keep and own their ani- mals, Act Feb. 24, 1881, c. 79, § 1, 21 Stat. 347. This is a further provision of the Army appropriation act for the fisca! year ending June 30, 1882, cited above. The previous provisions relating to issue of forage to officers are con- tained in Act June 18, 1878, c. 263, § 8, set forth above. This provi- sion is repeated in the similar appropriation act for the following year, Act June 30, 1882, c. 254, 22 Stat. 119. * * ACT JUNE 30, 1882, c. 254, $ 1. Commutation of quarters to officers and men of Signal Service. * * That the allowance for commutation of quarters shall be, * for officers and enlisted men of the Signal Service serving in the Arctic regions, the same in amount as though they were serving in Washington, District of Columbia. Act June 30, 1882, c. 254, § 1, 22 Stat. 118. * * Sece. 1270-1273) 901 Tit. 14—THE ARMY —Ch. 3. ACT FEB. 27, 1893, c. 168. Quarters or commutation to officers absent on duty; mileage and trans- portation. That hereafter officers temporarily absent on duty in the field shall not lose their right to quarters or commutation thereof at their permanent station while so temporarily absent. For pay of a clerk attendant on the collection and classification of military information from abroad, and hereafter the officers detailed to obtain the same shall be entitled to mileage and trans- portation, and also commutation of quarters while on this duty, as provided when on other duty. Act Feb. 27, 1893, c. 168, 27 Stat. 480. These are provisions of the Army appropriation act for the year ending June 30, 1894. The latter provision, without the word “hereafter," is contained in previous similar acts from 1888. Secs. 1271, 1272. [Superseded. Act June 18, 1878, c. 263, SS 8, 9; Act Feb. 24, 1881, c. 79.] These sections provided for furnishing forage to officers. They are superseded by the different provisions therefor of Act June 18, 1878, c. 263, SS 8, 9, and Act Feb. 24, 1881, c. 79, ante, following Rev. St. $ 1270. Sec. 1273. [Superseded. Act July 24, 1876, C. 226, § 2; Act March 2, 1901, c. 803.) This section provided for mileage at 10 cents a mile according to the nearest post routes, to officers traveling under orders and not furnished with transportation. But only actual traveling expenses were allowed, and mileage was declared illegal, by Act June 16, 1874, c. 285, 1, 18 Stat. 72, which was repeated with additional provisions, by Act March 3, 1875, c. 133, § 1, post, following Rev. St. $ 1765. Mileage was re- stored, at 8 cents a mile for the shortest usually traveled route, by Act July 24, 1876, c. 226, § 2, set forth below, which contains provisions similar to those of Rev. St. $ 1273, with additional exceptions, and re- peals and supersedes that section. Mileage is required to be computed over the shortest generally traveled route, and the necessity for the travel to be certified in the order therefor, by Act March 3, 1883, c. 93, § 1, also set forth below. Varying provisions relating to the rate of mileage and allowances for cost of transportation actually paid by officers, are contained in the an- nual Army appropriation acts from 1886, following the appropriation for such mileage, which is usually in the words, "for mileage to officers when traveling on duty without troops, when authorized by law.” Act June 30, 1886, c. 574, 24 Stat. 95. Act Feb. 9, 1887, c. 127, 24 Stat. 396. Act Sept. 22, 1888, c. 1027, § 1, 25 Stat. 483. Act March 2, 1889, c. 372, 25 Stat. 828. Act June 13, 1890, c. 423, 26 Stat. 150. Act Feb. 24, 1891, c. 284, 26 Stat. 773. Act July 14, 1892, c. 173, 27 Stat. 176. Act Feb. 27, 1893, c. 168, 27 Stat. 181. Nearly all such provisions previous to Act March 2, 1901, c. 803, even if permanent, and not merely applicable to the particular appropriation only, may be regarded as superseded by the similar provisions of that act, set forth below. Other such provisions, not so superseded, are also set forth below. Special provisions relating to mileage, etc., to engineer officers travel- ing on duty connected with works under their charge, are contained 902 (Sec. 1273 Tit. 14—THE ARMY - Ch. 3. in Act Sept. 19, 1890, c. 907, § 15, set forth below; to paymasters' clerks, and to the expert accountant of the Inspector-General's Depart- ment traveling on duty, in Act Feb. 27, 1893, c. 168, also set forth be- low; to officers detailed to obtain military information from abroad, in a clause of the same act, ante, under Rev. St. § 1270; and to officers of the California Débris Commission, traveling on duty in connection with the commission's work, in Act June 6, 1900, c. 791, § 1, post, under Title LXIII, "Rivers and Harbors." A provision restricting the expenditure, for inspections or investiga- tions, of appropriations for mileage to officers, is contained in Act Aug. 6, 1894, c. 228, set forth below. Travel pay to officers and enlisted men is provided for by Rev. St. $$ 1289, 1290, and subsequent statutes collected or referred to under those sections. ACT JULY 24, 1876, c. 226, § 2. Mileage. That when any officer travels under orders, and is not furnished transportation by the Quartermaster's Department, or on a convey- ance belonging to or chartered by the United States, or on any rail- road on which the troops and supplies of the United States are enti- tled to be transported free of charge he shall be allowed eight cents a mile, and no more, for each mile actually traveled under such order, distances to be calculated by the shortest usually traveled route; and so much of section twelve hundred and seventy-three of the Revised Statutes, or of any act as conflicts with the provisions of this section, is hereby repealed; * ; Act July 24, 1876, c. 226, § 2, 19 Stat. 100. This section supersedes Rev. St. $ 1273. Subsequent provisions chan- ging the rate of mileage and regulating the computation, etc., thereof, are set forth below. ACT MARCH 3, 1883, c. 93, § 1. Mileage; computation; order for travel. * And from and after the passage of this act mileage of officers of the Army shall be computed over the shortest usually traveled routes between the points named in the order, and the necessity for such travel in the military service shall be certified to by the officer issu- ing the order and stated in said order. * Act March 3, 1883, c. 93, § 1, 22 Stat. 456. This is a provision of the Army appropriation act for the year ending June 30, 1884, cited above. Orders involving the payment of mileage are required to state the duty enjoined, by a provision of Act Aug. 6, 1894, c. 228, set forth below. ACT SEPT. 19, 1890, c. 907, 8 15. Mileage to engineer officers. That in determining the mileage of officers of the Corps of Engi- neers traveling without troops on duty connected with works under their charge, no deduction shall be made for such travel as may be necessary on free or bond-aided or land-grant railways. Act Sept. 19, 1890, c. 907, § 15, 26 Stat. 456. Sec. 1273) 903 Tit. 14—THE ARMY —Ch. 3. ACT FEB. 27, 1893, c. 168. Mileage to paymasters' clerks and accountant of Inspector-General's Department. * That hereafter the maximum sum to be allowed paymas- ters' clerks and the expert accountant of the Inspector-General's Department, when traveling on duty, shall be four cents per mile, and in addition thereto, when transportation can not be furnished by the Quartermaster's Department, the cost of the same actually paid by them, exclusive of parlor car or sleeping-car fare and transfers. Act Feb. 27, 1893, c. 168, 27 Stat. 480. This is a proviso annexed to the appropriation for pay of paymasters' clerks in the Army appropriation act for the year ending June 30, 1894. Similar provisions, without the word "hereafter," are contained in the annual appropriation acts from 1887. Contract surgeons were included in the similar provision of Act Feh. 24, 1891, c. 284, 26 Stat. 773. But they are included with officers of the Army in subsequent appropriations. See the provision of Act March 2, 1901, c. 803, set forth below. ACT AUG. 6, 1894, c. 228. Mileage for inspections only when authorized; orders to state special duty. And hereafter no portion of the appropriation for mileage to officers traveling on duty without troops shall be expended for inspections or investigations, except such as are especially ordered by the Secretary of War, or such as are made by Army and depart- ment commanders in visiting their commands, and those made by Inspector-General's Department in pursuance of law, army regula- tions or orders issued by the Secretary of War or the Commanding General of the Army; and all orders involving the payment of mile- age shall state the special duty enjoined. Act Aug. 6, 1894, c. 228, 28 Stat. 237. This is a provision of the Army appropriation act for the year ending June 30, 1895, cited above. ACT MARCH 2, 1901, c. 803. Mileage; rate; computation, deductions, etc.; leave of absence; travel allowances. For mileage to officers and contract surgeons, when authorized by law, * : Provided, That hereafter officers so traveling shall be paid seven cents per mile and no more; distances to be computed and mileage to be paid over the shortest usually traveled routes, with deduction as hereinafter provided; and payment and settlement of mileage accounts of officers shall be made according to distances and deductions computed over routes established and by mileage tables prepared by the Paymaster-General of the Army under the direction of the Secretary of War; and all payments made by paymasters on account of mileage previous to the passage of this Act shall be settled in accordance with distance tables officially promulgated and in use at date of payment. The Secretary of War may determine what shall constitute travel and duty "without troops” within the meaning of the laws governing the payment of mileage and commu- 904 (Sec. 1273 Tit. 14—THE ARMY —Ch. 3. tation of quarters to officers of the Army: Provided further, That officers who so desire may, upon application to the Quartermaster's Department, be furnished with transportation requests, exclusive of sleeping and parlor car accommodations, for the entire journey under their orders; and the transportation so furnished shall be a charge against the officer's mileage account, to be deducted at the rate of three cents per mile by the paymaster paying the account, and of the amount so deducted there shall be turned over to an au- thorized officer of the Quartermaster's Department three cents per mile for transportation furnished over any railroad which is not a free, bond-aided, or fifty per centum land-grant railroad for the credit of the appropriation for transportation of the Army and its supplies: And provided further, That when the established route of travel shall, in whole or in part, be over the line of any railroad on which the troops and supplies of the United States are entitled to be transported free of charge, or over any of the bond-aided Pacific railroads, or over any fifty per centum land-grant railroad, officers traveling as herein provided for shall, for the travel over such roads, be furnished with transportation requests, exclusive of sleeping and parlor car accommodations, by the Quartermaster's Department : And provided further, That when transportation is furnished by the Quartermaster's Department, or when the established route of travel is over any of the railroads above specified, there shall be deducted from the officer's mileage account by the paymaster paying the same three cents per mile for the distance for which transportation has been or should have been furnished: And provided further, That officers of the Army and acting assistant surgeons who, by reason of failure to obtain transportation requests for travel over so-called “Agreement railroads," have, in addition to paying their own fare over such railroads, been required by the accounting officers of the Treasury to refund to the United States one-half of the cost of travel fare over such railroads, shall be reimbursed by the proper account- ing officers the amount so refunded; and paymasters against whom disallowances have been made by the accounting officers on account of failure to deduct the cost of travel fare over such railroads shall have the amount so disallowed passed to their credit: And provided further, That in all cases where three cents per mile has been de- ducted from the mileage accounts of officers of the Army or acting assistant surgeons on account of transportation which should have been but was not furnished such officers and acting assistant sur- geons shall be reimbursed by the proper accounting officers an amount equal to what it would have cost the Government if trans- portation had been furnished: And provided further, That actual expenses only shall be paid to officers for sea travel when traveling, as herein provided for, to, from, or between our island possessions : Provided, That leaves of absence which may be granted officers of the Regular or Volunteer Army serving in the Territory of Alaska or without the limits of the United States, for the purpose of return- ing thereto, or which may have been granted such officers for such purpose since the thirteenth day of October, eighteen hundred and ninety-eight, shall be regarded as taking effect on the dates such Secs. 1273-1274) 905 Tit. 14—THE ARMY —Ch. 3. officers reached or may have reached the United States, respectively, and as terminating, or as having terminated, on the respective dates of their departure from the United States in returning to their com- mands, as authorized by an order of the Secretary of War dated Oc- tober thirteenth, eighteen hundred and ninety-eight: Provided also, That hereafter when an officer shall be discharged from the service, except by way of punishment for an offense, he shall receive for travel allowances from the place of his discharge to the place of his residence at the time of his appointment or to the place of his origi- nal muster into the service four cents per mile; and an enlisted man when discharged from the service, except by way of punishment for an offense, shall receive four cents per mile from the place of his dis- charge to the place of his enlistment, enrollment, or original muster into the service: Provided further, That any officer or enlisted man in the service of the United States who was discharged in the Philip- pine Islands and there reentered the service through commission or enlistment shall, when discharged, except by way of punishment for an offense, receive for travel allowances from the place of his dis- charge to the place in the United States of his last preceding ap- pointment or enlistment, or to his home if he was appointed or enlist- ed at a place other than his home, four cents per mile: Provided further, 'That for sea travel on discharge actual expenses only shall be paid to officers and transportation and subsistence only shall be furnished to enlisted men. Act March 2, 1901, c. 803, 31 Stat. 901. These are provisions of the Army appropriation act for the year ending June 30, 1902, cited above. Sec. 1274. Officers retired from active service. Officers retired from active service shall receive seventy-five per centum of the pay of the rank upon which they are retired. Act July 15, 1870, c. 294, $ 24, 16 Stat. 320. A proviso that the General of the Army, when retired, should be re- tired without reduction in his current pay and allowances, contained in the Army appropriation act for the year ending June 30, 1883, Act June 30, 1882, c. 254, 22 Stat. 118, has become inoperative, the grade of General having ceased. See note under Rev. St. $$ 1095, 1096. Retired enlisted men receive seventy-five per cent. of the pay and al- lowances of the rank upon which they were retired, by Act Sept. 30, 1890, c. 1125, ante, following Rev. St. § 1260. ACT MARCH 3, 1891, c. 540, $ 1. Officers retained on retired list notwithstanding acceptance of diplo- matic or consular office. That the accounting officers of the Treasury are hereby directed not to suspend or withhold the pay of any retired officer of the Army whose name was upon the retired list prior to the passage of the act of March third, eighteen hundred and seventy-five, and having lost an arm or leg, or having an arm or leg permanently disabled by reason of resection on account of wounds or having lost both 906 (Secs. 1274-1277 Tit. 14—THE ARMY—Ch. 3. eyes by reason of wounds received in battle has been retained upon said list by the Secretary of War in obedience to the act of March third, eighteen hundred and seventy-five notwithstanding such officer accepted and held a diplomatic or consular office. Act March 3, 1891, c. 540, § 1, 26 Stat. 872. This is a provision of the deficiency appropriation act for the year ending June 30, 1891, cited above. Act March 3, 1875, c. 178, § 2, referred to in this provision, authorized the continuance on the retired list of officers borne thereon, notwith- standing provisions incorporated in Rev. St. $ 1223, that any officer of the Army who accepts or holds any appointment in the diplomatic or consular service shall be considered as having resigned his place in the Army. It is set forth ante, following Rev. St. § 1254. Sec. 1275. Wholly retired. Officers wholly retired from the service shall be entitled to receive, upon their retirement, one year's pay and allowances of the high- est rank held by them, whether by staff or regimental commission, at the time of their retirement. Act Aug. 3, 1861, c. 42, § 17, 12 Stat. 290. ACT JUNE 30, 1882, c. 254, § 1. Supernumerary officers; discharge and pay. That any officer who is supernumerary to the permanent organization of the Army as provided by law may, at his own re- quest, be honorably discharged from the Army, and shall thereupon receive one year's pay for each five years of his service, but no officer shall receive more than three years' pay in all. Act June 30, 1882, c. 254, § 1, 22 Stat. 118. This is a proviso contained in the Army appropriation act for the year ending June 30, 1882, cited above. Previous provisions for the discharge of supernumerary officers with one year's pay and allowances, contained in July 15, 1870, c. 294, § 3, 16 Stat. 317, were not incorporated in the Revised Statutes. And the provisions of Act March 3, 1875, c. 159, $ 2, 18 Stat. 497, that when any such officer shall be reappointed, such extra year's pay and allowances shall be refunded, may also be regarded as temporary and executed. Sec. 1276. Indian scouts. Indians, enlisted or employed by order of the President as scouts, shall receive the pay and allowances of cavalry soldiers. Act July 28, 1866, c. 299, $ 6, 14 Stat. 333. The enlistment of Indian scouts was authorized by Rev. St. § 1112, and they are continued as part of the Army by subsequent provisions set forth or referred to under that section. Sec. 1277. Hospital matrons; female nurses. Hospital matrons in post or regimental hospitals shall receive ten dollars a month, and female nurses in general hospitals shall receive Secs. 1277-1280) 907 Tit. 14—THE ARMY-Ch. 3. forty cents a day. One ration in kind or by commutation shall be allowed to each. Act March 16, 1802, c. 9, § 5, 2 Stat. 134. Act Aug. 3, 1861, c. 42, 8 6, 12 Stat. 288. Res. July 4, 1864, No. 75, 13 Stat. 416. The employment of women as hospital matrons and nurses was author- ized by Rev. St. $S 1238, 1239. Provisions establishing the Nurse Corps, and providing for the pay and allowances, quarters, subsistence, etc., of nurses, are contained in Act Feb. 2, 1901, c. 192, 86 18, 19, ante, follow- ing Rev. St. 8 1094. Sec. 1278. [Repealed. Act March 2, 1901, c. 804.] This section provided for the pay of the leader of the band at the Military Academy. It is expressly repealed by a provision of Act March 2, 1901, c. 804, ante, under Rev. St. $ 1111, which prescribes the com- position of the band and the pay of the members thereof, and also re- peals previous provisions relating thereto, contained in Act March 3, 1877, c. 109, $$ 2, 3, 19 Stat. 383. Sec. 1279. 1279. [As amended 1877.] Chief musicians; [artificers; wagoners; principal assistant in Ord- nance Bureau.] The chief musicians of regiments shall receive sixty dollars a month and the allowances of a quartermaster-sergeant. Artificer of artil- lery and infantry, fifteen dollars per month; wagoner of cavalry, artillery, and infantry, fourteen dollars per month. The principal assistant in the Ordnance Bureau shall receive a compensation, in- cluding pay and emoluments, not exceeding that of a major of ord- nance. Act March 3, 1869, c. 124, § 5, 15 Stat. 318. Act Feb. 27, 1877, c. 69, 19 Stat. 243. The amendment of this section by Act Feb. 27, 1877, c. 69, cited above, consists in the addition to the provision relating to chief musi- cians of regiments, of those relating to artificers and wagoners, and to the principal assistant in the Ordnance Bureau. Sec. 1280. [As amended 1877.] Pay of enlisted men. The monthly pay of the following enlisted men of the Army shall, during their first term of enlistment, be as follows, with the con- tingent additions thereto, hereinafter provided : Sergeant-majors of cavalry, artillery, and infantry, twenty-three dollars. Quartermaster-sergeants of cavalry, artillery, and infantry, twenty- three dollars. Chief trumpeters of cavalry, twenty-two dollars. Principal musicians of artillery and infantry, twenty-two dollars. Saddler-sergeants of cavalry, twenty-two dollars. First sergeants of cavalry, artillery, and infantry, twenty-two dol- lars. Sergeants of cavalry, artillery, and infantry, seventeen dollars. 908 (Sec. 1280 Tit. 14—THE ARMY — Ch. 3. Corporals of cavalry and light artillery, fifteen dollars. Corporals of artillery and infantry, fifteen dollars. Saddlers of cavalry, fifteen dollars. Blacksmiths and farriers of cavalry, fifteen dollars. Trumpeters of cavalry, thirteen dollars. Musicians of artillery and infantry, thirteen dollars. Privates of cavalry, artillery, and infantry, thirteen dollars. Hospital-stewards, first class, thirty dollars. Hospital-stewards, second class, twenty-two dollars. Hospital-stewards, third class, twenty dollars. Ordnance-sergeants of posts, thirty-four dollars. Sergeant-majors of engineers, thirty-six dollars. Quartermaster-sergeants of engineers, thirty-six dollars. Sergeants of engineers and ordnance, thirty-four dollars. Corporals of engineers and ordnance, twenty dollars. Musicians of engineers, thirteen doilars. Privates (first class) of engineers and ordnance, seventeen dollars. Privates (second class) of engineers and ordnance, thirteen dollars. Act May 15, 1872, c. 160, § 1, 17 Stat. 116. Act Feb. 27, 1877, c. 69, 19 Stat. 243. The amendment of this section by Act Feb. 27, 1877, c. 69, cited above, consists in striking out from the first sentence, after the words "with the contingent,” the word "conditions,” and inserting the word "additions” in place thereof. Subsequent statutes changing the rates of pay and making other pro- visions relating thereto, are set forth or referred to below. Regimental sergeant-majors and quartermaster-sergeants of artillery have the pay of ordnance sergeants—$34 per month-by a provision of Act March 2, 1899, c. 352, & 2, set forth below, and of artillery and in- fantry, the same as those of the cavalry, by provisions of Act March 3, 1899, c. 423, § 1, 30 Stat. 1067, and of Act May 26, 1900, c. 586, set forth below. On the discontinuance of the regimental organization of the artillery by Act Feb. 2, 1901, c. 192, $$ 3-9, twenty-one sergeant- majors with the pay of regimental sergeant-majors of infantry ($34 per month), and twenty-seven with the pay of battalion sergeant-majors of infantry ($25 per month), are included in the composition of the Artil- lery Corps, by section 6 of that act, ante, following Rev. St. § 1094. Commissary-sergeants, included in the composition of each regiment of cavalry and of infantry under sections 2 and 10 of the same act, have the pay of a regimental quartermaster-sergeant by provisions of Act March 2, 1899, c. 352, 88 2, 4, set forth below. Under the same sec- ticks, three squadron sergeant-majors included in each regiment of cav- alry, and three battalion sergeant-majors in each regiment of infantry, have the pay of first sergeants,-$25 per month. Two color sergeants with the same pay are included in each regiment of cavalry and of infantry by Act Feb. 2, 1901, c. 192, $$ 2, 10, ante, following Rev. St. 8 1034. Each cavalry, artillery, and infantry band consists, under provisions of Act March 2, 1899, c. 352, $$ 2-4, ante, under Rev. St. $$ 1099, 1102, 1106, and of Act Feb. 2, 1901, c. 192, $$ 2, 6, 10, ante, following Rev. St. $ 1094, of one chief musician, whose pay is prescribed by Rev. St. § 1279; one chief trumpeter, except in the infantry, and one principal musician, whose pay is prescribed by this section; one drum-major, with pay of a first serge:int,-$25 per month; and four sergeants, eight cor- porals, one cook, and eleven privates. The engineers' band is organized as are the infantry bands, by Act Feb. 2, 1901, c. 192, $ 11, ante, fol- lowing Rev. St. $ 1094. The pay of the band at the Military Academy Sec. 1280) Tit. 14THE ARMY-Ch. 3. 909 is prescribed by Rev. St. § 1111, as amended by Act March 2, 1901, c. 804. Saddler-sergeants of cavalry are not included in the composition of cavalry regiments by Act Feb. 2, 1901, c. 192, § 2, ante, following Rev. St. § 1094. The pay of first sergeants is $25 per month, and of sergeants $18 per month, by provisions of Act Feb. 27, 1893, c. 168, set forth below. A quartermaster-sergeant, with pay of a sergeant, is included in each troop of cavalry, battery of artillery, and company of infantry, by provi- sions of Act March 2, 1899, c. 352, SS 2, 4, set forth below, and section 3 of that act, ante, under Rev. St. § 1099, and Act Feb. 2, 1901, c. 192, $$ 2, 7, 8, 10, ante, following Rev. St. § 1094. And a quartermaster- sergeant is included also in each company of engineers, by section 11 of the act last mentioned. Two inechanics with the pay of sergeants are included in each battery of heavy artillery, by provisions of Act March 2, 1899, c. 352, § 3, ante, under Rev. St. $ 1099, and Act Feb. 2, 1901, c. 190, § 7, ante, following Rev. St. § 1094. By further provisions of the same acts, one stable- sergeant is included in each battery of field artillery, but no rate of pay is prescribed; one electrician-sergeant is provided for at each coast artillery post having electrical appliances, with the pay of an ordnance- sergeant; and in the coast artillery first-class gunners receive $2 a month, and second-class gunners $1 a month, in addition to their pay. One member of each party detached for duty at recruiting stations has the pay of a sergeant, and one the pay of a corporal, by Act Feb. 2, 1901, c. 192, $ 31, ante, following Rev. St. $ 1094. Post commissary-sergeants under Rev. St. § 1142, and post quarter- master-sergeants under provisions of Act July 5, 1884, c. 217, following Rev. St. $ 1132, receive the same pay as ordnance-sergeants. The rates of pay of hospital stewards, acting hospital stewards, and privates of the Hospital Corps, are prescribed by provisions of Act March 1, 1887, c. 311, ante, following Rev. St. $ 1179, which supersede the provisions of this section relating to pay of hospital stewards. The compensation, etc., of the Nurse Corps is prescribed by Act Feb. 2, 1901, c. 192, $ 19, ante, following Rev. St. $ 1094. The pay, ctc., of the veterinarians, authorized for cavalry and artil- lery regiments, and the compensation of veterinarians who may be em- ployed, are prescribed by Act Feb. 2, 1901, c. 192, $ 20, ante, following Rev. St. $ 1094. The cooks authorized for each troop of cavalry, battery of artillery, and company of infantry, by Act March 2, 1899, c. 352, $82-4, and continued therefor by Act Feb. 2, 1901, c. 192, 88 2, 7, 8, 10, ante, following Rev. St. $ 1094, have the pay of sergeants of infantry, under section 9 of the act first mentioned, set forth below. The enlisted force of the Signal Corps, by Act June 20, 1878, c. 359, $ 1,20 Stat. 219, consisted of sergeants, corporals, and privates, with the pay of engineer soldiers of similar grades. On the reorganization of the corps as part of the military establishment, under Act Oct. 1, 1890, c. 1266, § 8, ante, under Rev. St. $ 1195, the enlisted force con- sisted of fifty sergeants,--ten of the first class, with pay of hospital stewards ($45 per month). Corporals, first-class privates, and second-class privates, with the pay of engineer troops of the same grades, were added to the corps by Act April 26, 1898, c. 191, § 3. set forth below, and it is further increased by Act Feb. 2, 1901, c. 192, $ 24, ante, following Rev. St. $ 1094. The pay of enlisted men of native organizations in the Philippine Is- lands, and of the provisional regiment for service in Porto Rico, is to be fixed by the Secretary of War, not to exceed that of the Regular Army, by Act Feb. 2, 1901, c. 192, $$ 36, 37, ante, following Rev. St. § 1094. The pay of enlisted nien in time of war is increased 20 per cent. by Act April 26, 1898, c. 191, $ 6, set forth below. And the pay of officers and enlisted men serving beyond the limits of the States comprising the Union and the Territories contiguous thereto, is increased, ten per cent. 910 (Sec. 1280 Tit. 14—THE ARMY Ch— . 3. for officers and twenty per cent. for enlisted men, by a provision of Act March 2, 1901, c. 803, ante, under Rev. St. $ 1261. Provisions for extra pay of men who enlisted in the Regular Army for the war with Spain only, to be paid on muster out and discharge from service, are contained in Act March 3, 1899, c. 423, § 1, 30 Stat. 1073, and Act March 2, 1901, c. 803, 31 Stat. 897. They are omitted, as teni- porary only, and executed. Provisions relating to the pay and allowances of officers and enlisted men under Act April 22, 1898, c. 187, and acts supplementary thereto, at the end of chapter 1 of this Title, are contained in Act May 26, 1898, c. 363, § 1, 30 Stat. 420, as amended by Act July 7, 1898, c. 584, 30 Stat. 721; Act July 8, 1898, c. 614, 30 Stat. 729; Act Jan. 12, 1899, c. 46, § 1, 30 Stat. 784; Act March 3, 1899, c. 423, 30 Stat. 1068, 1074; Act May 26, 1900, c. 586, 31 Stat. 271. They are omitted, as temporary merely. ACT FEB. 27, 1893, c. 168. Pay of first sergeants and sergeants. * * And on and after the first day of July, eighteen hundred and ninety-three, the pay per month of first sergeants shall be twenty- five dollars per month, sergeants eighteen dollars per month, and in both classes the increase of pay for length of service as now pro- vided by law. Act Feb. 27, 1893, c. 168, 27 Stat. 478. This is a provision of the Army appropriation act for the year ending June 30, 1894, cited above. $ * ACT APRIL 26, 1898, c. 191, $$ 3, 6. Pay of Signal Corps, and of quartermaster and veterinary sergeants. Sec. 3. In time of war there shall be added to the Signal Corps of the Army * corporals, * first-class privates, and second-class privates, who shall have the pay and allowances of en- gineer troops of the same grade. The quartermaster and veterinary sergeants provided for in this section shall have the pay and allowances of sergeants of their re- spective arms. Act April 26, 1898, c. 191, $ 3, 30 Stat. 365. This section authorized, upon a declaration of war, an increase of the enlisted strength of each company of infantry, troop of cavalry, bat- tery of artillery, and company of engineers. These provisions, and the numbers of the different grades in the Signal Corps, omitted here, are superseded by Act Feb. 2, 1901, c. 192, $$ 1-11, 24, ante, following Rev. St. § 1094, prescribing the composition of the different organizations. The quartermaster and veterinary sergeants provided for in this section are one quartermaster-sergeant in each company of infantry and each troop of cavalry, and one quartermaster-sergeant and one veterinary- sergeant in each battery of field artillery. Increase of pay of enlisted men in time of war. Sec. 6. That in time of war the pay proper of enlisted men shall be increased twenty per centum over and above the rates of pay as fixed by law: Provided, That in war time no additional increased compen- sation shall be allowed to soldiers performing what is known as extra or special duty: Provided further, That any soldier who deserts shall, besides incurring the penalties now attaching to the crime of deser- Sec. 1280) 911 Tit. 14—THE ARMY —Ch. 3. tion, forfeit all right to pension which he might otherwise have ac- quired. Act April 26, 1898, c. 191, § 6, 30 Stat. 365. A further provision for increase of pay of officers and enlisted men serving beyond the limits of the States comprising the Union and the Territories contiguous thereto, is contained in Act March 2, 1901, c. 803, ante, under Rev. St. 8 1261. * * ACT MARCH 2, 1899, c. 352, 88 2-4, 9. Pay of regimental sergeant-majors, quartermaster-sergeants, and com- missary-sergeants, of squadron sergeant-majors, and of quarter- master-sergeants of troop, in cavalry. * Sec. 2. That each regiment of cavalry shall consist of one sergeant-major, one quartermaster-sergeant, one commissary sergeant, who shall have the rank, pay, and allowances of a regimental quar- termaster-sergeant of cavalry; three squadron sergeant-majors, who shall be senior to and have the pay and allowances of first sergeants of cavalry. * Each troop of cavalry shall consist of * one quartermaster- sergeant, who shall have the pay and allowances of a sergeant. * * The regimental sergeant-major and the regimental quartermaster- sergeant provided for in this section, shall have the pay and allow- ances of ordnance-sergeants. Act March 2, 1899, c. 352, & 2, 30 Stat. 977. The provisions of this section relating to the composition of a regiment and a troop of cavalry are superseded by the similar provisions of Act Feb. 2, 1901, c. 192, & 2, ante, following Rev. St. § 1094. The non-com- missioned officers mentioned here are included also by that act. Pay of quartermaster-sergeants and mechanics of battery, and of elec- trician-sergeants, in artillery. Sec. 3. Each battery of heavy artillery shall consist of * quartermaster-sergeant, who shall have the pay and allowances of a sergeant; two mechanics, who shall have the pay and allow- ances of sergeants of artillery. * In addition to the enlisted men specified there shall be one elec- trician-sergeant to each post garrisoned by coast artillery having electrical appliances, who shall have the pay and allowances of an ordnance-sergeant. Act March 2, 1899, c. 352, § 3, 30 Stat. 978. The provisions of this section relating to the composition of a regi- ment of artillery are superseded by the discontinuance of the regimental organization and the organization of the Artillery Corps by Act Feb. 2, 1901, c. 192, $$ 3-9, ante, following Rev. St. § 1094, but the organ- ization of batteries under this section is continued under sections 7, 8, of that act. Pay of regimental commissary-sergeants, of battalion sergeant-majors, and of quartermaster-sergeants of company, in infantry, Sec. 4. That each regiment of infantry shall consist of * sergeant-major; one quartermaster-sergeant; one commissary-ser- geant, who shall have the rank, pay, and allowances of a regimental quartermaster-sergeant of infantry; three battalion sergeant-majors, who shall be senior to and have the pay and allowances of a first ser- geant. one * * * * one 912 (Secs. 1280-1282 Tit. 14—THE ARMY-Ch. 3. * Each infantry company shall consist of one quartermaster- sergeant, who shall have the pay and allowances of a sergeant. * Act March 2, 1899, c. 352, § 4, 30 Stat. 978. The provisions of this section relating to the composition of a regi- ment and a company of infantry are superseded by the similar provisions of Act Feb. 2, 1901, c. 192, $ 10, ante, following Rev. St. $ 1094. The non-commissioned officers mentioned here are included also by that act. Pay of cooks. Sec. 9. That the cooks authorized by this Act shall have the pay and allowances of sergeants of infantry. Act March 2, 1899, c. 352, $ 9, 30 Stat. 979. Cooks, as authorized by this act, are included also in the composition of the various organizations by Act Feb. 2, 1901, c. 192, ante, follow- ing Rev. St. 1094. ACT MAY 26, 1900, c. 586. Pay of regimental sergeant-majors and quartermaster-sergeants, in infantry. That hereafter the regimental sergeant-majors and reg- imental quartermaster-sergeants of artillery and infantry shall have the same pay and allowances as the regimental sergeant-majors and regimental quartermaster-sergeants of cavalry. Act May 26, 1900, c. 586, 31 Stat. 208. This is a proviso annexed to an appropriation for longevity pay of officers in the Army appropriation act for the year ending June 30, 1901, cited above. The same provision, without the word “hereafter," was contain- ed in Act March 3, 1899, c. 423, § 1, 30 Stat. 1067. Regimental sergeant-majors and quartermaster-sergeants were provid- ed for the artillery and infantry, without special provision for their pay, by Act March 2, 1899, c. 352, $$ 3, 4, set forth above. Under section 2 of that act, the pay of the same grades in the cavalry, referred to in this section, is that of ordnance-sergeants,-$34 per month. Sec. 1281. Additional pay. To the rates of pay stated in the preceding section one dollar per month shall be added for the third year of enlistment, one dollar more per month for the fourth year, and one dollar more per month for the fifth year, making in all three dollars' increase per month for the last year of the first enlistment of each enlisted man named in said section. But this increase shall be considered as retained pay, and shall not be paid to the soldier until his discharge from the service, and shall be forfeited unless he serves honestly and faithfully to the date of discharge. Act May 15, 1872, c. 160, § 2. 17 Stat. 116. A provision that no pay shall be retained is contained in Act March 16, 1896, c. 59, post, following Rev. St. § 1284. Sec. 1282. Re-enlistment pay. All enlisted men mentioned in section twelve hundred and eighty, who, having been honorably discharged, have re-enlisted or shall re- Secs. 1282-1284) 913 Tit. 14—THE ARMY —Ch. 3. enlist within one month thereafter, shall, after five years' service, in- cluding their first enlistment, be paid at the rate allowed in said section to those serving in the fifth year of their first enlistment: Provided, That one dollar per month shall be retained from the pay of the re-enlisted men, of whatever grade, named in section twelve hundred and eighty-one during the whole period of their re-enlistment, to be paid to the soldier on his discharge, but to be forfeited unless he shall have served honestly and faithfully to the date of discharge. Act Aug. 4, 1854, c. 247, § 2, 10 Stat. 575. Act May 15, 1872, c. 160, $ 3, 17 Stat. 116. A provision that no pay shall be retained is contained in Act March 16, 1896, c. 59, post, following Rev. St. $ 1284. Sec. 1283. Service pay of men already in service. Enlisted men, now in the service, shall receive the rates of pay established in this chapter according to the length of their service. Act May 15, 1872, c. 160, § 4, 17 Stat. 117. Sec. 1284. Re-enlistment. Every soldier who, having been honorably discharged, re-enlists within one month thereafter, shall be further entitled, after five years' service, including his first enlistment, to receive, for the period of five years next thereafter, two dollars per month in addition to the crdinary pay of his grade; and for each successive period of five years of service, so long as he shall remain continuously in the Army, a further sum of one dollar per month. The past continuous service, of soldiers now in the Army, shall be taken into account, and shall entitle such soldier to additional pay according to this rule; but services rendered prior to August fourth, eighteen hundred and fifty-four, shall in no case be accounted as more than one enlistment. Act Aug. 4, 1854, c. 247, $ 2, 10 Stat. 575. Act May 15, 1872, c. 160, $ 4, 17 Stat. 117. * ACT MARCH 16, 1896, c. 59. Pay not to be retained. Pro- For pay proper of enlisted men of all grades, * vided, That hereafter no pay shall be retained, but this provision shall not apply to deductions authorized on account of the Soldiers' Home. Act March 16, 1896, c. 59, 29 Stat. 60. This is a provision of the Army appropriation act for the year ending June 30, 1897. The additional pay for length of service, and part of the re-enlistment pay, provided for by Rev. St. $$ 1281, 1282, were, by those sections, to be retained until discharge from the service. A provision for retaining part of the monthly pay for the first year of enlistment, contained in Act June 16, 1890, c. 426, § 1, 26 Stat. 157, was repealed by Act Feb. 12, 1893, c. 83. Deductions from pay on account of the Soldiers' Home are authorized by Rev. St. § 4819. LAWS '01-58 914 (Secs. 1285–1287 Tit. 14—THE ARMY —Ch. 3. Sec. 1285. Certificate of merit. A certificate of merit granted to an enlisted man for distinguished service shall entitle him, from the date of such service, to additional pay at the rate of two dollars per month while he is in the military service, although such service may not be continuous. Act March 3, 1847, c. 61, § 17, 9 Stat. 186. Act Aug. 4, 1854, c. 247, § 3, 10 Stat. 575. Act Feb. 9, 1891, c. 122, § 2, 26 Stat. 737. This section before its amendment by Act Feb. 9, 1891, c. 122, § 2, cited above, was as follows: "A certificate of merit granted to a private soldier by the President for distinguished services shall entitle him to additional pay, at the rate of two dollars per month, while he remains continuously in the service; and such certificate of merit granted to a private soldier who served in the war with Mexico shall entitle him to such additional pay, although he may not have remained continuously in the service.” Rev. St. $ 1216, which authorized the President to grant a certificate of merit, is also amended by section 1 of the same act. Sec. 1286. Non-commissioned officers of Mexican war. Non-commissioned officers who served in the war with Mexico, and have been recommended by the commanding officers of their regiments for promotion by brevet to the lowest grade of commis- sioned officer, but have not received such recommended promotion, shall be entitled to additional pay at the rate of two dollars per month, although they may not have remained continuously in the service. Act March 3, 1847, c. 61, $ 17, 9 Stat. 186. Act Aug. 4, 1854, c. 274, $ 3, 10 Stat. 575. This section, like the latter clause of the preceding section as originally enacted, which was omitted from the section as amended, obviously has ceased to have any practical application. Sec. 1287. Extra duty. When soldiers are detailed for employment as artificers or labor- ers in the construction of permanent military works, public roads, or other constant labor of not less than ten days' duration, they shall receive, in addition to their regular pay, the following compensation: Privates working as artificers, and non-commissioned officers em- ployed as overseers of such work, not exceeding one overseer for twenty men, thirty-five cents per day, and privates employed as la- borers, twenty cents per day. This allowance of extra pay shall not apply to the troops of the Ordnance Department. Act July 13, 1866, c. 176, § 7, 14 Stat. 93. Act Feb. 1, 1873, c. 88, 17 Stat. 422. The rates of extra duty pay are increased, and persons entitled there- to are defined by a provision of Act March 3, 1885, c. 339, set forth below. A restriction on extra duty pay to Signal-Service men is contained in Act June 20, 1878, c. 359, set forth below. No additional increased compensation is to be allowed to soldiers per- Secs. 1287-1289) 915 Tit. 14—THE ARMY —Ch- . 3. forming extra duty in war time, by Act April 26, 1898, c. 191, 8 6, ante, under Rev. St. & 1280; nor to enlisted men receiving or entitled to the twenty per cent. increased pay authorized by the provisions of Act March 2, 1901, c. 803, ante, under Rev. St. § 1261. ACT JUNE 20, 1878, c. 359. Extra-duty pay to Signal Service men. * * Signal Service men shall not receive extra duty pay unless specially directed by the Secretary of War. Act June 20, 1878, c. 359, 20 Stat. 219. This is a proviso annexed to a clause relating to strength and rates of pay of the enlisted force of the Signal Corps, which is superseded by the reorganization of the corps under Act Oct. 1, 1890, c. 1266, § 8, ante, under Rev. St. $ 1196. * ACT MARCH 3, 1885, c. 339. Rates of extra-duty pay. That * * dollars * shall be set aside for the payment of enlisted men on extra duty, at constant labor of not less than ten days; and such extra-duty pay hereafter shall be at the rate of fifty cents per day for mechanics, artisans, school-teachers, and clerks at Army, division, and department headquarters, and thirty-five cents per day for other clerks, teamsters, laborers, and other enlisted men on extra duty. Act March 3, 1885, c. 339, 23 Stat. 359. This is a provision of the Army appropriation act for the year ending June 30, 1886, cited above. Sec. 1288. Daring captivity. Every non-commissioned officer and private of the Regular Army, and every officer, non-commissioned officer, and private of any mili- tia or volunteer corps in the service of the United States who is cap- tured by the enemy, shall be entitled to receive during his captivity, notwithstanding the expiration of his term of service, the same pay, subsistence, and allowance to which he may be entitled while in the actual service of the United States; but this provision shall not be construed to entitle any prisoner of war of such militia corps to any pay or compensation after the date of his parole, except the traveling expenses allowed by law. Act March 30, 1914, c. 37, $ 14, 3 Stat. 115. Sec. 1289. [As amended 1877.] Travel pay to officers. When an officer is discharged from the service, except by way of punishment for an offense, he shall be allowed transportation and subsistence from the place of his discharge to the place of his resi- dence at the time of his appointment, or to the place of his original muster into the service. The Government may furnish the same in kind, but in case it shall not do so, he shall be allowed travel-pay and 916 (Secs. 1289-1290 Tit. 14THE ARMY -Ch. 3. commutation of subsistence, according to his rank, for such time as may be sufficient for him to travel from the place of discharge to the place of his residence, or original muster into service, computed at the rate of one day for every twenty miles. Act Jan. 11, 1812, c. 14, $ 22, 2 Stat. 674. Act Jan. 29, 1813, c. 16, § 15, 2 Stat. 796. Act June 20, 1864, c. 145, § 8, 13 Stat. 145. Act Feb. 27, 1877, c. 69, 19 Stat. 244. The amendment of this section by Act Feb. 27, 1887, c. 69, cited above, consists in striking out, after the words "when an officer is," of the word "honorably," and the insertion, after the words "discharged from the service," of the words "except by way of punishment for an offense.” Provisions relating to travel allowances on discharge in the Philippine Islands and there re-entering the service, and to sea travel from or be- tween our island possessions, are contained in Act Feb. 8, 1901, c. 342, post, under Rev. St. $ 1290. Provisions relating to mileage to officers are contained in Rev. St. S 1273, and subsequent provisions set forth or referred to under that section. Sec. 1290. [As amended 1877.] Travel pay to soldiers. When a soldier is discharged from the service, except by way of punishment for an offense, he shall be allowed transportation and subsistence from the place of his discharge to the place of his enlist- ment, enrollment, or original muster into the service. The Govern- ment may furnish the same in kind, but in case it shall not do so, he shall be allowed travel-pay and commutation of subsistence for such time as may be sufficient for him to travel from the place of discharge to the place of his enlistment, enrollment, or original muster into the service, computed at the rate of one day for every twenty miles. Act Jan. 11, 1812, c. 14, § 22, 2 Stat. 674. Act Jan. 29, 1813, c. 16, $ 15,2 Stat. 796. Act June 20, 1864, c. 145, § 8, 13 Stat. 145. Act Feb. 27, 1877, c. 69, 19 Stat. 244. The amendment of this section by Act Feb. 27, 1887, c. 69, cited above, consists in striking out, after the words "when an officer is,” of the word “honorably," and the insertion, after the words “discharged from the service," of the words "except by way of punishment for an offense." An enlisted man discharged for disa bility caused by his own miscon- duct is not entitled to allowances provided for by this section, by a pro- vision of Act March 16, 1896, c. 59, set forth below. Provisions for payment, to men discharged under orders or instructions of the Secretary of War stating that they were entitled to travel pay, of the allowances provided for by this section, are contained in Act June 7, 1900, c. 860, set forth below. Provisions relating to travel allowances to officers of volunteers and to. enlisted men of either regulars or volunteers on discharge in the Philip- pine Islands, and there re-entering the service, and to sea travel from or between our island possessions, are contained in Act Feb. 8, 1901, c. 342, set forth below. Provisions for the transportation to their homes of the remains of civil- ian employés of the Army dying in the employ of the War Department in Cuba, Porto Rico, Hawaii, and the Philippines, including the remains of honorably discharged soldiers entitled to return transportation on a Gov- ernment transport who die while on such transport, are contained in Act May 26, 1900, c. 586, set forth below. Sec. 1290) 917 Tit. 14—THE ARMY —Ch. 3. ACT MARCH 16, 1896, c. 59. Travel pay; discharge for disability caused by misconduct. That no enlisted man discharged by order of the Secretary of War for disability caused by his own misconduct shall be entitled to the travel allowances provided for in section twelve hundred and ninety of the Revised Statutes. Act March 16, 1896, c. 59, 29 Stat. 63. This is a proviso annexed to the appropriation for travel pay, etc., in the Army appropriation act for the year ending June 30, 1897, cited above. ACT MAY 26, 1900, c. 586. Transportation of remains of deceased civilian employés dying in Cuba, Porto Rico, Hawaii, or the Philippines, and soldiers dying on Government transports. * To enable the Secretary of War, in his discretion, to cause to be transported to their homes the remains of civilian employés of the Army, who have died, or may hereafter die, while in the employ of the War Department in Cuba, Puerto Rico, Hawaii, and the Philippines, including the remains of any honorably discharged sol- diers who are entitled under the terms of their discharge to return transportation on Government transport and who die while on said transport, the sum of one hundred thousand dollars, which is hereby appropriated and made immediately available for the above purpose as long as may be required. Act May 26, 1900, c. 586, 31 Stat. 213. This is a provision of the Army appropriation act for the fiscal year ending June 30, 1901, cited above. ACT JUNE 7, 1900, c. 860. An Act to Authorize the Payment of Traveling Allowances to En- listed Men of the Regular and Volunteer Forces when Dischar- ged by Order of the Secretary of War and Stated by Him as En- titled to Travel Pay. (31 Stat. 708.) Travel pay; discharge by order of Secretary of War. Be it enacted, etc., That when the Secretary of War, in the ex- ercise of his discretion, has directed the discharge of any enlisted men of the regular or volunteer forces of the Army, and the orders or in- structions directing such discharge stated that such enlisted men were entitled to travel pay, such order or instruction shall be suffi- cient authority for the payment to the soldiers of the traveling al- lowances provided for by section twelve hundred and ninety of the Revised Statutes. And officers of the Pay Department of the Army shall have credit in the settlement of their accounts for all payments made in obedience to said orders or instructions of the Secretary of War: Provided, That soldiers discharged under such orders or in- structions, which stated that such soldiers were entitled to travel pay, and who were absent by authority on the date of the muster out of their regiments or of discharge, are entitled to and will be paid trav- eling allowances from place of muster out of their regiments or the 918 (Secs. 1290-1291 Tit. 14—THE ARMY —Ch. 3. places designated in the final statements as the place of discharge to the place of enlistment or enrollment: Provided further, That the provisions of this Act shall apply only to cases that have arisen or shall arise under orders or instructions for discharge with travel pay issued between April twenty-first, eighteen hundred and ninety-eight, and the date of the passage of this Act: Provided further, That it shall not be held as applying to any case in which the order direct- ing the discharge did not set forth that the soldier was entitled to travel pay. Act June 7, 1900, c. 860, 31 Stat. 708. ACT FEB. 8, 1901, c. 342. An Act for the Payment of Travel Allowances, on Discharge from the Volunteer Army, to Certain Officers and Enlisted Men Who Reentered the Military Service of the United States in the Philippine Islands. (31 Stat. 762.) Travel pay; discharge in Philippine Islands and re-entering service; sea travel from or between island possessions. Be it enacted, etc., That any officer of Volunteers, and any enlisted man of either Regulars or Volunteers, who was discharged in the Philippine Islands and there reentered the service, through commis- sion or enlistment, in the Thirty-sixth or Thirty-seventh Regiments United States Volunteer Infantry, or in the Eleventh Regiment Unit- ed States Volunteer Cavalry, shall, when discharged, except by way of punishment for an offense, receive for travel allowances, from the place of his discharge to the place in the United States of his last preceding appointment or enlistment, four cents per mile: Provided, That for sea travel, on discharge, from or between our island posses- sions actual expenses only shall be paid to officers, and transporta- tion and subsistence only shall be furnished enlisted men: Provided further, That officers and enlisted men discharged in the United States under the provisions of this Act shall not be entitled to trans- portation or travel allowance back to the Philippine Islands. Act Feb. 8, 1901, c. 342, 31 Stat. 762. Sec. 1291. Soldiers' pay not assignable. No assignment of pay by a non-commissioned officer or private, previous to his discharge, shall be valid. Act May 8, 1792, c. 37, § 4, 1 Stat. 280. Allotments of pay by enlisted men are authorized by Act March 2, 1899, c. 352, $ 16, set forth below. ACT MARCH 2, 1899, c. 352, § 16. Allotments of pay by enlisted men. That the Secretary of War be, and he is hereby, authorized to permit enlisted men of the United States Army to make allotments of their pay, under such regulations as he may prescribe, for the sup- port of their families or relatives, for their own savings, or for other Secs. 1291-1292) 919 Tit. 14—THE ARMY —Ch. 3. purposes, during such time as they may be absent on distant duty, or under other circumstances warranting such action. Act March 2, 1899, c. 352, $ 16, 30 Stat. 981. Provisions relating to payments of allotments under this section are contained in Act March 2, 1901, c. 803, set forth below. ACT MARCH 2, 1901, c. 803. Payment to allottees; credits to disbursing officers. * * That hereafter all allotments of pay of enlisted men of the United States Army, under section sixteen of Act of Congress ap- proved March second, eighteen hundred and ninety-nine, that have been or shall be paid to the designated allottees, after the expiration of one month subsequent to the month in which said allotments ac- crued, shall pass to the credit of the disbursing officer who has made or shall make such payment: Provided, That said disbursing officer shall, before making payment of said allotments, use, or shall have used, due diligence in obtaining and making use of all information that may have been received in the War Department relative to the grantors of the allotments: And provided further, That if an erro- neous payment is made because of the failure of an officer respon- sible for such report to report, in the manner prescribed by the Sec- retary of War, the death of a grantor or any fact which renders the allotment not payable, then the amount of such erroneous payment shall be collected by the Paymaster-General from the officer who fails to make such report, if such collection is practicable: * Act March 2, 1901, c. 803, 31 Stat. 896. This is a proviso annexed to the appropriation for pay of enlisted men in the Army appropriation act for the year ending June 30, 1902, cited above. A similar provision, without the word "hereafter," was con- tained in Act May 26, 1900, c. 586, 31 Stat. 206. * Sec. 1292. Volunteers. In all matters relating to the pay and allowances of officers and soldiers of the Army of the United States, the same rules and regu- lations shall apply to the Regular Army and to volunteer forces mus- tered into the service of the United States for a limited period. Act March 2, 1867, c. 159, § 2, 14 Stat. 435. Special provisions relating to pay and allowances of volunteers during the rebellion are contained in Act Feb. 24, 1897, c. 311, set forth below. Provisions relating to the pay and allowances of officers and enlisted men under Act April 22, 1898, c. 187, and acts supplementary thereto, at the end of chapter 1 of this Title, are contained in Act May 26, 1898, c. 363, § 1, 30 Stat. 420, as amended by Act July 7, 1898, c. 584, 30 Stat. 721; Act July 8, 1898, c. 614, 30 Stat. 729; Act Jan. 12, 1899, c. 46, $ 1, 30 Stat. 784; Act March 3, 1899, c. 423, 30 Stat. 1068, 1074; Act May 26, 1900, c. 586, 31 Stat. 271. They are omitted, as temporary merely. ACT FEB. 24, 1897, c. 311. An Act to Provide for the Relief of Certain Officers and Enlisted Men of the Volunteer Forces. (29 Stat. 593.) Pay of officers of volunteers during rebellion. Be it enacted, &c., That any person who was duly appointed or 920 (Sec. 1292 Tit. 14—THE ARMY —Ch. 3. commissioned to be an officer of the volunteer service during the war of the rebellion, and who was subject to the mustering regulations at the time applied to members of the volunteer service shall be held and considered to have been mustered into the service of the United States in the grade named in his appointment or commission from the date from which he was to take rank under and by the terms of his said appointment or commission, whether the same was actually received by him or not, and shall be entitled to pay, emoluments, and pension as if actually mustered at that date: Provided, That at the date from which he was to take rank by the terms of his said appointment or commission there was a vacancy to which he could be so appointed or commissioned, and his command had either been recruited to the minimum number required by law and the regula- tions of the War Department, or had been assigned to duty in the field, and that he was actually performing the duties of the grade to which he was so appointed or commissioned; or if not so perform- ing such duties, then he shall be held and considered to have been mustered into service and to be entitled to the benefits of such muster from such time after the date of rank given in his commission as he may have actually entered upon such duties: Provided fur- ther, That any person held as a prisoner of war, or who may have been absent by reason of wounds, or in hospital by reason of dis- ability received in the service in the line of duty, at the date of issue of his appointment or commission, if a vacancy existed for him in the grade to which so appointed or commissioned, shall be entitled to all the benefits to which he would have been entitled under this Act if he had been actually performing the duties of the grade to which he was appointed or commissioned at said date: Provided further, That this Act shall be construed to apply only in those cases where the commission bears date prior to June twentieth, eighteen hundred and sixty-three, or after that date when the commands of the persons appointed or commissioned were not below the mini- mum number required by then existing laws and regulations: And provided further, That the pay and allowances actually received for the period covered by the recognition extended under this Act shall be deducted from the sums otherwise to be paid thereunder. Act Feb. 24, 1897, c. 311, § 1, 29 Stat. 593. This act is a substitute for similar provisions contained in Act June 3, 1884, c. 63, 23 Stat. 34, section 1 of which was amended by Act Feb. 3, 1887, c. 92, 24 Stat. 377. Claims under said Act June 3, 1884, c. 63, were required by section 3 thereof to be presented within three years from the passage thereof; but the time was extended for a period of five years by Act Aug. 13, 1888, c. 868, 25 Stat. 437, and for a further period of three years by Act Feb. 9, 1893, c. 77, 27 Stat. 440, which period ex- pired without further extension. This act contains no such limitation. Heirs or legal representatives entitled. Sec. 2. That the heirs or legal representatives of any person whose muster into service shall be recognized and established under the terms of this Act shall be entitled to receive the arrears of pay and emoluments due, and the pension, if any, authorized by law, for the grade to which recognition shall be so extended. Act Feb. 24, 1897, c. 311, § 2, 29 Stat. 593. Secs. 1292-1295) - Tit. 14—THE ARMY 921 - Ch. 3. Pay for services actually performed not to be recovered back. Sec. 3. That the pay and allowances of any rank or grade paid to and received by any military or naval officer in good faith for serv- ices actually performed by such officer in such rank or grade during the war of the rebellion, other than as directed in the fourth proviso of the first section of this Act, shall not be charged to or recovered back from such officer because of any defect in the title of such offi- cer to the office, rank, or grade in which such services were so ac- tually performed. Act Feb. 24, 1897, c. 311, 83, 29 Stat. 593. Repeal. Sec. 4. That all acts and parts of acts inconsistent with the provi- sions of this Act be, and the same are hereby, repealed. Act Feb. 24, 1897, c. 311, $ 4, 29 Stat. 593. Sec. 1293. Rations of enlisted men. Sergeants and corporals of ordnance shall be entitled to receive one ration and a half daily. Other enlisted men shall be entitled to receive one ration daily. Act Feb. 8, 1815, c. 38, § 11, 3 Stat. 204. Act March 2, 1821, c. 13, 11, 3 Stat. 615. Act July 5, 1862, c. 133, § 3, 12 Stat. 508. No enlisted man is entitled to more than one ration daily, by a provi- sion of Act July 16, 1892, c. 195, set forth below. Retired enlisted men have a monthly allowance of $9.50 in lieu of al- lowance for subsistence and clothing, by Act March 16, 1896, c. 59, ante, following Rev. St. § 1260. ACT JULY 16, 1892, c. 195. No enlisted man to receive more than one ration. * And hereafter no enlisted man shall be entitled to receive more than one ration daily. * * * Act July 16, 1892, c. 195, 27 Stat. 178. This is a provision of the Army appropriation act for the year ending June 30, 1893, cited above. Sec. 1294. Sugar and coffee. For each ration of sugar and coffee not issued, nor commuted for the extract of coffee combined with milk and sugar, enlisted men shall be paid in money. Act July 5, 1838, c. 162, $ 17, 5 Stat. 258. Commutation of rations of coffee and sugar is provided for by Rev. St. 8 1147. Sec. 1295. Laundresses, matrons, and nurses. Laundresses allowed to accompany troops, hospital matrons, and 922 (Secs. 1295-1299 Tit. 14—THE ARMY --Ch. 3. the nurses employed in post or regimental hospitals, shall be entitled to receive one ration daily. Act March 16, 1802, c. 9, § 5, 2 Stat. 134. Women were allowed to accompany troops as laundresses by Rev. St. $ 1240, but a provision to the contrary is contained in Act June 18, 1878, c. 263, § 5, ante, under Rev. St. § 1240. Provisions for rations of nurses, etc., in the Nurse Corps, are contained in Act Feb. 2, 1901, c. 192, $ 19, ante, following Rev. St. $ 1094. Sec. 1296. Clothing, prescribed by the President. The President may prescribe the uniform of the Army and quan- tity and kind of clothing which shall be issued annually to the troops of the United States. Act April 24, 1816, c. 69, $ 7, 3 Stat. 298. Retired enlisted men have a monthly allowance of $9.50 in lieu of al- lowances for subsistence and clothing by Act March 16, 1896, c. 59, ante, following Rev. St. § 1260. Sec. 1297. [Superseded. Act July 16, 1892, C. 195.] This section provided that no allowance of clothing should be made to sergeants of ordnance. It is superseded by a provision of Act July 16, 1892, c. 195, set forth below. ACT JULY 16, 1892, c. 195. Allowance for clothing to ordnance-sergeants. 'That sergeants of ordnance shall receive the same allowance of clothing as other sergeants in like staff Departments. * * Act July 16, 1892, c. 195, 27 Stat. 178. This is a proviso annexed to the appropriation for subsistence of the Army in the Army appropriation act for the year ending June 30, 1893, cited above. Sec. 1298. Gratuitous clothing, The Secretary of War may, on the recommendation of the Sur- geon-General, order gratuitous issues of clothing to soldiers who have had contagious diseases, and to hospital attendants who have nursed them, to replace any articles of their clothing destroyed by order of the proper medical officers to prevent contagion. Res. March 12, 1868, No. 19, 15 Stat. 250. Sec. 1299. Deductions for rations purchased. The amount due from any officer for rations purchased on credit, or for any article designated by the inspectors-general of the Army and purchased on credit from commissaries of subsistence, shall be Secs. 1299-1302) 923 Tit. 14—THE ARMY - - Ch.3. deducted from the payment made to such officer next after such pur- chase shall have been reported to the Paymaster-General. Act March 3, 1865, c. 81, § 5, 13 Stat. 497. Act July 28, 1866, c. 299, $ 25, 14 Stat. 336. Provisions for sales to officers of rations and articles referred to in this section are contained in Rev. St. 88 1144, 1145. Sec. 1300. For articles purchased. The amount due from any enlisted man for articles designated by the inspectors-general of the Army, and sold to him on credit by commissaries of subsistence, shall be deducted from the payment made to him next after such sale shall have been reported to the Paymas- ter-General. Act July 28, 1866, c. 299, $ 25, 14 Stat. 336. Provisions for sales to enlisted men of articles referred to in this sec- tion are contained in Rev. St. 8 1144. Sec. 1301. For tobacco purchased. The amount due from any enlisted man for tobacco sold to him at cost prices by the United States shall be deducted from his pay in the manner provided for the settlement of clothing accounts. Act March 3, 1865, c. 81, $ 6, 13 Stat. 497. Provisions for sales to enlisted men of tobacco referred to in this sec- tion are contained in Rev. St. $ 1149. Sec. 1302. Clothing allowance and deductions. The money value of all clothing overdrawn by the soldier beyond his allowance shall be charged against him, every six months, on the muster-roll of his company, or on his final statements if sooner dis- charged, and he shall receive pay for such articles of clothing as have not been issued to him in any year, or which may be due to him at the time of his discharge, according to the annual estimated value thereof. The amount due him for clothing, when he draws less than his allowance, shall not be paid to him until his final discharge from the service. Act April 24, 1816, c. 69, 88 7, 8, 3 Stat. 298. Act May 15, 1872, c. 161, § 3, 17 Stat. 117. Provisions for furnishing to recruits on credit laundry work and nec- essary articles, and for payment therefor, are contained in Act June 30, 1882, c. 254, $ 3, set forth below. Provisions relating to the adjustment of clothing accounts for deceased volunteer officers in the war with Spain are contained in Act Feb. 8, 1899, c. 123, 30 Stat. 822, but are merely temporary in their nature. ACT JUNE 30, 1882, c. 254, $ 3. Laundry work and necessary articles for recruits. That traders and laundrymen at depots for recruits in the Army be, and hereby are, authorized to furnish such recruits, on credit, 924 (Secs. 1303-1304 Tit. 14—THE ARMY —Ch- . 3. with laundry work and such articles as may be necessary for their cleanliness and comfort, at a total cost not to exceed seven dollars in value per man. That muster and pay rolls be made out showing the amounts the recruits respectively owe to the traders and laundry- men, and signed by them before leaving the depot, and that the trad- ers and laundrymen be paid on such rolls, the amount paid for each recruit to be noted accordingly on the muster and descriptive rolls, in order that it may be withheld, after he joins his company, by the paymaster, at the first subsequent payment, under such rules and regulations as may be adopted by the War Department: Provided, That this provision shall apply only to recruits on their enlistment, and the credit shall only be allowed on the written order of the regu- lar recruiting officer at said station. Act June 30, 1882, c. 254, § 3, 22 Stat. 122. Sec. 1303. For damage to arms. The cost of repairs or damages done to arms, equipments, or im- plements, shall be deducted from the pay of any officer or soldier in whose care or use the same were when such damages occurred, if said damages were occasioned by the abuse or negligence of said officer or soldier. Act Feb. 8, 1815, c. 38, § 7, 3 Stat 204. Sec. 1304. For deficiencies. In case of deficiency of any article of military supplies, on final set- tlements of the accounts of any officer charged with the issue of the same, the value thereof shall be charged against the delinquent and deducted from his monthly pay, unless he shall show to the satisfac- tion of the Secretary of War, by one or more depositions setting forth the circumstances of the case, that said deficiency was not occasioned by any fault on his part. And in case of damage to any military sup- plies, the value of such damage shall be charged against such officer and deducted from his monthly pay, unless he shall, in like manner, show that such damage was not occasioned by any fault on his part. Act May 18, 1826, c. 74, $ 3, 4 Stat. 174. Any officer who suffers military stores to be lost, spoiled, or damaged is punishable therefor under Rev. St. § 1342, Article of War 15. Provisions relating to the making of property returns by officers are contained in Act March 29, 1894, c. 49, ante, following Rev. St. $ 277. Provisions relating to the rendering of monthly accounts of officers, and their transmission to the accounting officers of the Treasury, are con- tained in Act July 31, 1894, c. 174, $ 12, and provisions for the settle- ment of such accounts are contained in sections 7 and 8 of that act, ante, following Rev. St. $ 277. Provisions relating to the taking and effect of oaths and affidavits on settlement of officers' accounts are contained in Rev. St. $ 225. Provisions relating to the settlement of claims of officers and enlisted men for loss of private property in the military service are contained in Act March 3, 1883, c. 335, ante, following Rev. St. $ 290. Secs. 1305-1308) 925 Tit. 14—THE ARMY - Ch. 3. Sec. 1305. Deposits of soldiers' savings. Any enlisted man of the Army may deposit his savings, in sums not less than five dollars, with any Army paymaster, who shall fur- nish him a deposit-book, in which shall be entered the name of the paymaster and of the soldier, and the amount, date, and place of such deposit. The money so deposited shall be accounted for in the same manner as other public funds, and shall pass to the credit of the appropriation for the pay of the Army, and shall not be subject to forfeiture by sentence of court-martial, but shall be forfeited by de- sertion, and shall not be permitted to be paid until final payment on discharge, or to the heirs or representatives of a deceased soldier, and that such deposit be exempt from liability for such soldier's debts: Provided, That the Government shall be liable for the amount de- posited to the person so depositing the same. Act May 15, 1872, c. 161, § 1, 17 Stat. 117. Provisions that money deposited by enlisted men of the Signal Corps should pass to the credit of the appropriation for the Signal Service, and when paid should be charged to that appropriation, contained in Act Aug. 30, 1890, c. 837, $ 1,26 Stat. 399, are superseded, on the reorganization of the Signal Corps as part of the military establishment, by Act Oct. 1, 1890, c. 1266, § 9, ante, under Rev. St. $ 1196, which provides that ap- propriations for the corps shall be made with those of other staff corps of the Army. Sec. 1306. [As amended 1883.] Interest on deposits. For any sums not less than five dollars so deposited for the period of six months, or longer, the soldier, on his final discharge, shall be paid interest at the rate of four per centum per annum. . Act May 15, 1872, c. 161, 82, 17 Stat. 117. Act March 3, 1883, c. 93, 22 Stat. 456. The amendment of this section by Act March 3, 1883, c. 93, citeil above, consists in striking out, after the words "for any sums not less than," of the word "fifty," and the insertion in place thereof of the word “five." Sec. 1307. Regulations for deposits. The system of deposits herein established shall be carried into execution under such regulations as may be established by the Secretary of War. Act May 15, c. 161, § 4, 17 Stat. 117. Sec. 1308. Deposits and clothing-balances, how payable. The amounts of deposits and clothing-balances accumulating to the soldier's credit under sections thirteen hundred and two and thir- teen hundred and five, shall, when payable to him upon his clischarge, be paid out of the appropriations for "pay of the Army" for the then current fiscal year. Act May 15, 1872, c. 61, 85, 17 Stat. 117. 926 Tit. 14—THE ARMY —Ch. 4. CHAPTER FOUR. The Military Academy. Sec. 1309. Officers, professors, and instruct- ors. Act Aug. 7, 1876, c. 255. Quartermaster and commissary for battalion of cadets; supplies to cadets at cost. Act June 23, 1879, c. 35, $ 4. Professor of modern languages in- stead of professors of French and Spanish languages. Act June 1, 1880, c. 115. Professor of law. Act March 1, 1893, c. 186. Associate professor of mathematics. Act Jan, 16, 1895, c. 29. Assistant professor of law. Act Feb. 18, 1896, c. 22. Chaplain. 1310. Local rank of superintendent and commandant. 1311. Superintendent. 1312. Commandant of cadets. 1313. Appointment of officers and pro- fessors. 1314. Selection of officers. Act March 3, 1875, c. 135, $ 1. Vacancies, how filled. Act July 26, 1894, c. 167. Graduates of Academy not to be professors, etc., within two years. 1315. [Superseded.] Act June 6, 1900, c. 792, § 4. Cadets, number and appointment of. 1316. Persons who have been in rebel service. 1317. Appointment in advance. 1318. Age of appointees. 1319. Examination and qualification. 1320. Oath. 1321. Engagement for service. 1322. Cadet battalion. 1323. Where to do duty. 1324. No studies on Sunday. 1325. Found deficient. Act March 2, 1901, c. 804, § 1. Hazing. 1326. Courts-martial for trial of cadets. 1327. Board of visitors. Sec. 1328. Duties of visitors. 1329. Compensation. Act June 11, 1878, c. 181, § 1. Mileage and per diem. 1330. Leaves of absence. 1331. Supervision of Academy. 1332. Congressional documents to li- brary. 1333. Professors of Military Academy; retirement. 1334. Superintendent and commandant at Military Academy; pay of. 1335. Adjutant; pay of. 1336. Pay of professors. 1337. Assistant professors and instruct- ors. Act March 3, 1875, c. 135. Pay of assistant instructors of tac- tics. 1338. Master of sword [to act as in- structor of physical culture: of- fice to cease]. 1339. Cadets. Act March 3, 1875, c. 135. Sales of books to cadets. Act June 30, 1882, c. 255. Limit of pay of cadets. Act Dec. 20, 1886, c. 2. Pay of graduates. 1340. Librarian and assistant. 1341. Non-commissioned officer, etc. Act June 30, 1882, c. 255. Commissary-sergeant. Act May 1, 1888, c. 212. Contingent fund; rent of hotel. Act June 20, 1890, c. 437. Detachment of enlisted men; Army- service men, Quartermaster's De- partment. Act March 1, 1893, c. 186. Proceeds of sales of gas. Act Feb. 10, 1897, c. 214. Number of enlisted men in detach- ments. Act July 8, 1898, c. 636. Building for religious worship. Act March 2, 1901, c. 804. Overseer of waterworks; extra pay. Sec. 1309) 927 Tit. 14—THE ARMY —Ch- . 4. * Sec. 1309. [As amended 1896.] Officers, professors, and instructors. The United States Military Academy at West Point, in the State of New York, shall be constituted as follows: There shall be one superintendent; one commandant of cadets; one senior instructor in the tactics of artillery; one senior instructor in the tactics of cav- alry; one senior instructor in the tactics of infantry; one professor and one assistant professor of civil and military engineering; one professor and one assistant professor of natural and experimental philosophy; one professor and one assistant professor of mathematics; [Part of section omitted repealed. Act Feb. 18, 1896, c. 22;] . one professor and one assistant professor of chemistry, mineralogy, and geology; one professor and one assistant professor of drawing; one professor and one assistant professor of the French language; one professor and one assistant professor of the Spanish language; one adjutant; one master of the sword; and one teacher of music. Act March 16, 1802, c. 9, § 28, 2 Stat. 137. Act April 29, 1812, c. 72, $ 2, 2 Stat. 720. Act April 14, 1818, c. 61, $ 2, 3 Stat. 426. Act July 5, 1838, c. 162, $ 19, 5 Stat. 259. Act July 20, 1840, c. 50, $ 3, 5 Stat. 398. Act Aug. 8, 1846, c. 96, § 3, 9 Stat. 71. Act March 3, 1851, c. 22, 9 Stat. 594. Act Aug. 6, 1852, c. 81, 10 Stat. 29. Act Feb. 16, 1857, c. 45, 11 Stat. 161. Act June 12, 1858, c. 156, § 1, 11 Stat. 333. Act Feb. 28, 1867, c. 100, $ 3, 14 Stat. 416. Act Feb. 18, 1896, c. 22, 29 Stat. 8. The portion of this section omitted here provided for “one chaplain, who shall also be professor of history, geography, and ethics, and one assistant professor of the same.” It was expressly repealed by Act Feb. 18, 1896, c. 22, cited above, provisions of which relating to the appointment, pay, etc., of a chaplain, are set forth below. The appointment of a quartermaster and commissary for the bat- talion of cadets is authorized by Act Aug. 7, 1876, c. 255, set forth below. The offices of professor of the French language, and of professor of the Spanish language, under this section, ceased, on the occurrence of a vacancy in one of them, and there is only one professor of modern languages, by Act June 23, 1879, c. 35, § 4, set forth below. The appointment of a professor of law is authorized by a provision of Act June 1, 1880, c. 115, set forth below; and the assignment to the department of law of one assistant professor is authorized by a provision of Act Jan. 6, 1895, c. 29, also set forth below. An associate professor of mathematics is authorized by Act March 1, 1893, c. 186, 81, set forth below. Graduates of the Academy are not to be assigned or detailed as professors, instructors, or assistants within two years after their gradu- ation, by Act July 26, 1894, c. 167, post, under Rev. St. § 1314. The master of the sword is required by a provision of Act March 2, 1901, c. 804, amending Rev. St. § 1338, to act as instructor of mili- tary gymnastics and physical culture. He is given the relative rank and pay, allowances and emoluments, of a first lieutenant, mounted. It is further provided that when a vacancy occurs in said office it shall cease and determine, and the duties thereof shall be performed by an officer of the line, to be selected by the Secretary of War. The teacher of music is to be the leader of the band, and to receive the pay of a second lieutenant, not mounted, by another provision of Act March 2, 1901, c. 804, amending Rev. St. $ 1111. The pay of the officers, professors, and instructors in the academy is prescribed and regulated by Rev. St. 88 1334-1338, and acts amenda- tory thereof and subsequent thereto. The professors, corps of cadets, the Army detachments, and band at 928 (Sec. 1309 Tit. 14—THE ARMY -Ch. 4. the academy are included in the composition of the Army by Act Feb. 2, 1901, c. 192, § 1, ante, following Rev. St. $ 1094. ACT AUG. 7, 1876, c. 255. Quartermaster and commissary for battalion of cadets; supplies to cadets at cost. That the Secretary of War be hereby directed to detail a competent officer to act as quartermaster and commissary for the battalion of cadets, by whom all purchases and issues of supplies of all kinds for the cadets, and all provisions for the mess, shall be made, and that all supplies of all kinds and descriptions shall be furnished to the cadets at actual cost, without any commission or advance over said cost; and such officer so assigned shall perform all the duties of purveying and supervision for the mess, as now done by the purveyor, without other compensation. Act Aug. 7, 1876, c. 255, 19 Stat. 126. This is a provision of the Military Academy appropriation act for the year ending June 30, 1877, cited above. The Secretary of War is authorized to detail a commissary sergeant to act as assistant to the commissary of cadets, provided for by this section, by Act June 30, 1882, c. 255, post, following Rev. St. § 1341. ACT JUNE 23, 1879, c. 35, $ 4. Professor of modern languages instead of professors of French and Spanish languages. That when a vacancy occurs in the office of professor of the French language or in the office of professor of the Spanish language in the Military Academy, both these officers shall cease, and the re- maining one of the two professors shall be professor of modern lan- guages; and thereafter there shall be in the Military Academy one, and only one, professor of modern languages [Part of sec- tion omitted amends § 1336.] Act June 23, 1879, c. 35, $ 4, 21 Stat. 34. * * ACT JUNE 1, 1880, c. 115. Professor of law. * * That the Secretary of War may, in his discretion, assign any officer of the Army as professor of law. Act June 1, 1880, c. 115, 21 Stat. 153. This is a proviso annexed to the appropriation for the department of law in the Military Academy appropriation act for the year ending June 30, 1881, cited above. ACT MARCH 1, 1893, c. 186. Associate professor of mathematics. Be it enacted, &c., * * And there shall be appointed at the Military Academy from the Army, in addition to the professors au- thorized by the existing laws, an associate professor of mathematics, who shall receive the pay and allowances of a captain mounted, and when his service as associate professor of mathematics at the Acad- emy exceeds ten years, he shall receive the pay and allowances of Secs. 1309-1311) 929 Tit. 14—THE ARMY --Ch. 4. major; and hereafter there shall be allowed and paid to the said associate professor of mathematics ten per centum of his current yearly pay for each and every term of five years' service in the Army and at the Academy: Provided, That such addition shall in no case exceed forty per centum of said yearly pay; and said associate pro- fessor of mathematics is hereby placed upon the same footing as regards restrictions upon pay and retirement from active service as cfficers of the Army. Act March 1, 1893, c. 186, 27 Stat. 515. This is a provision of the Military Academy appropriation act for the year ending June 30, 1894, cited above. ACT JAN. 16, 1895, c. 29. * Assistant professor of law. * * And hereafter there may be assigned to the department of law one assistant professor. Act Jan. 16, 1895, c. 29, 28 Stat. 630. This is a provision of the Military Academy appropriation act for the year ending June 30, 1896, cited above. (29 ACT FEB. 18, 1896, c. 22. An Act to Amend Section Thirteen Hundred and Nine, Revised Statutes, providing a Chaplain for the Military Academy. Stat. 8.) Chaplain. Be it enacted, &c., That so much of section thirteen hundred and nine of the Revised Statutes of the United States as provides for the appointment at the United States Military Academy at West Point of "one chaplain, who shall also be professor of history, geography, and ethics, and one assistant professor of the same,” is hereby repeal- ed, Provided, That the duties of Chaplain at the Military Academy shall hereafter be performed by a clergyman to be appointed by the President for a term of four years, and the said chaplain shall be eligible for re-appointment for an additional term or terms and shall, while so serving, receive the same pay and allowances as are now al- lowed to a captain mounted. Act Feb. 18, 1896, c. 22, 29 Stat. 8. Sec. 1310. Local rank of superintendent and commandant. The superintendent and the commandant of cadets, while serving as such, shall have, respectively, the local rank of colonel and lieu- tenant-colonel of engineers. Act June 12, 1858, c. 156, § 1, 11 Stat. 333. Sec. 1311. Superintendent. The superintendent and, in his absence, the next in rank, shall have LAWS '01-59 930 (Secs. 1312–1314 Tit. 14—THE ARMY —Ch. 4. the immediate government and military command of the Academy, and shall be commandant of the military post of West Point. Act March 16, 1802, c. 9, § 28, 2 Stat. 137. Act Aug. 23, 1842, c. 186, $ 6, 5 Stat. 513. Sec. 1312. Commandant of cadets. The commandant of the cadets shall have the immediate command of the battalion of cadets, and shall be instructor in the tactics of artillery, cavalry, and infantry. Act June 12, 1858, c. 156, § 1, 11 Stat. 333. Sec. 1313. Appointment of officers and professors. The superintendent, the commandant of cadets, and the profes- sors shall be appointed by the President. The assistant professors, acting assistant professors, and the adjutant shall be officers of the Army, detailed and assigned to such duties by the Secretary of War, or cadets, assigned by the superintendent, under the direction of the Secretary of War. Act Feb. 28, 1803, c. 13, & 2, 2 Stat. 206. Act April 29, 1812, c. 72, $ 2, 2 Stat. 720. Act June 12, 1858, c. 156, § 1, 11 Stat. 333. Act July 13, 1866, c. 176, $ 6, 14 Stat. 92. Sec. 1314. Selection of officers. The superintendent and commandant of cadets may be selected, and all other officers on duty at the Academy may be detailed from any arm of the service; but the academic staff as such shall not be entitled to any command in the Army separate from the Academy. Act July 13, 1866, c. 176, § 6, 14 Stat. 92. ACT MARCH 3, 1875, c. 135, 8 1. Vacancies, how filled. * * * That the President of the United States be authorized to fill any vacancy occurring at said academy by reason of death, or other cause, of any person appointed by him. Act March 3, 1875, c. 135, § 1, 18 Stat. 466. This is a provision of the Military Academy appropriation act for the year ending June 30, 1876, cited above. * * ACT JULY 26, 1894, c. 167. Graduates of Academy not to be professors, etc., within two years. And hereafter no graduate of the Military Academy shall be assigned or detailed to serve at said Academy as a professor, instructor, or assistant to either within two years after his gradua- tion, and so much of the Act of June thirtieth, eighteen hundred and Secs. 1314-1317) 931 Tit. 14-THE ARMY —Ch. 4. eighty-two, as requires a longer service than two years for said assign- ments or details is hereby repealed. Act July 26, 1894, c. 167, 28 Stat. 151. This is a provision of the Military Academy appropriation act for the year ending June 30, 1895, cited above. Act June 30, 1882, c. 255, § 1, 22 Stat. 123, referred to and repealed in part in this provision, provided that four years must elapse before any graduate should be assigned or detailed as professor, etc. Sec. 1315. [Superseded. Act June 6, 1900, c. 792, § 4.] This section provided that the corps of cadets should consist of one from each congressional district, one from each Territory, one from the District of Columbia, and ten from the United States at large, all to be appointed by the President, and, with the exception of the ten to be appointed at large, to be actual residents of the congressional or Terri- torial districts, or of the District of Columbia, respectively, from which they are appointed. Act June 11, 1878, c. 181, § 4, 20 Stat. 111, pro- vided that the cadets at large should not thereafter exceed ten in all. Act March 2, 1899, c. 352, $ 10, 30 Stat. 979, contained provisions sim- ilar to those of this section, except that the number of cadets at large was increased to twenty. All these provisions are superseded by those of Act June 6, 1900, c. 792, § 4, set forth below. ACT JUNE 6, 1900, c. 792, § 4. Cadets, number and appointment of. That the corps of cadets shall consist of one from each Congression- al district, one from each Territory, one from the District of Co- lumbia, two from each State at large, and thirty from the United States at large. They shall be appointed by the President, and shall, with the exception of the thirty cadets appointed from the United States at large, be actual residents of the Congressional or Territorial districts, or of the District of Columbia, or of the States, respectively, from which they purport to be appointed. Act June 6, 1900, c. 792, § 4, 31 Stat. 656. Sec. 1316. Persons who have been in rebel service. No person who has served in any capacity in the military or naval service of the so-called Confederate States, or of either of the States in insurrection during the late rebellion shall be appointed a cadet. Act June 8, 1866, c. 110, $ 2, 14 Stat. 59. Sec. 1317. Appointment in advance. Cadets shall be appointed one year in advance of the time of their admission to the Academy, except in cases where, by reason of death or other cause, a vacancy occurs which cannot be provided for by such appointment in advance; but no pay or other allowance shall be given to any appointee until he shall have been regularly admitted, 932 (Secs. 1318–1321 Tit. 14—THE ARMY —Ch. 4. as herein provided; and all appointinents shall be conditional, until such provisions shall have been complied with. Res. June 16, 1866, No. 49, § 1, 14 Stat. 359. Sec. 1318. Age of appointees. Appointees shall be admitted to the Academy only between the ages of seventeen and twenty-two years, except in the following case: Any person who has served honorably and faithfully not less than one year, in either the volunteer or regular service of the United States, in the late war for the suppression of the rebellion, and who possesses the other qualifications required by law, may be admitted between the ages of seventeen and twenty-four years. Res. June 16, 1866, No. 49, § 1, 14 Stat. 359. Sec. 1319. [As amended 1901.] Examination and qualification. Appointees shall be examined under regulations to be framed by the Secretary of War before they shall be admitted to the Academy and shall be required to be well versed in such subjects as he may, from time to time, prescribe. Act April 29, 1812, c. 72, & 3, 2 Stat. 720. Res. June 16, 1866, No. 49, 14 Stat. 359. Act March 2, 1901, c. 804, 31 Stat. 911. This section, before the amendment by Act March 2, 1901, c. 804, cited above, specifically mentioned various subjects in which the cadets were required to be well versed, Sec. 1320. Oath. Each cadet shall, previous to his admission to the Academy, take and subscribe an oath or affirmation in the following form: "I, A B, do solemnly swear that I will support the Constitution of the United States, and bear true allegiance to the National Govern- ment; that I will maintain and defend the sovereignty of the United States, paramount to any and all allegiance, sovereignty, or fealty I may owe to any State, county, or country whatsoever; and that I will at all times obey the legal orders of my superior officers, and the rules and articles governing the armies of the United States.' And any cadet or candidate for admission who shall refuse to take this oath shall be dismissed from the service. Act Aug. 3, 1861, c. 42, 8 8, 12 Stat. 288. Act June 8, 1866, c. 110, $ 2, 14 Stat. 59. Sec. 1321. Engagement for service. Each cadet shall sign articles, with the consent of his parents or guardian if he be a minor, and if any he have, by which he shall en- gage to serve eight years unless sooner discharged. Act April 29, 1812, c. 72, § 3, 2 Stat. 721. Act July 5, 1838, c. 162, $ 28, 5 Stat. 260. Secs. 1322-1325) 933 Tit. 14—THE ARMY -Ch- . 4. Sec. 1322. Cadet battalion. The corps of cadets shall be arranged into companies, according to the directions of the superintendent, each of which shall be com- manded by an officer of the Army, for the purpose of military in- struction. To each company shall be added four musicians. The corps shall be taught and trained in all the duties of a private soldier, non-commissioned officer, and officer, shall be encamped at least three months in each year, and shall be taught and trained in all the duties incident to a regular camp. Act April 29, 1812, c. 72, $ 3, 2 Stat. 721. Act June 13, 1866, c. 176, $ 6, 14 Stat. 92. Sec. 1323. Where to do duty. Cadets shall be subject at all times to do duty in such places and on such service as the President may direct. Act March 16, 1802, c. 9, $ 27, 2 Stat. 137. Sec. 1324. No studies on Sunday. The Secretary of War shall so arrange the course of studies at the Academy, that the cadets shall not be required to pursue their studies on Sunday. Act July 15, 1870, c. 294, $ 21, 16 Stat, 319. The nature and effects of alcoholic drinks and narcotics are required to be studied in the Military Academy, as well as in the Naval Academy and in the public schools in the Territories, the District of Columbia, etc., by Act May 20, 1886, c. 362, 24 Stat. 69. Text books and books of reference required to be used in the Acade- my are to be supplied to the cadets at cost price, by a provision of Act March 3, 1875, C. 135, post, under Rev. St. § 1339. Sec. 1325. Found deficient. No cadet who is reported as deficient, in either conduct or studies, and recommended to be discharged from the Academy, shall, unless upon recommendation of the academic board, be returned or re- appointed, or appointed to any place in the Army before his class shall have left the Academy and received their commissions. Act Aug. 3, 1861, c. 42, § 8, 12 Stat. 288. ACT MARCH 2, 1901, c. 804, § 1. Hazing. That the Superintendent of the Military Academy shall make such rules, to be approved by the Secretary of War, as will effectually prevent the practice of hazing; and any cadet found guilty of participating in or encouraging or countenancing such practice 934 (Secs. 1325-1328 Tit. 14—THE ARMY —Ch. 4. * shall be summarily expelled from the Academy and shall not there- after be reappointed to the corps of cadets or be eligible for appoint- ment as a commissioned officer in the Army or Navy or Marine Corps, until two years after the graduation of the class of which he was a member. Act March 2, 1901, c. 804, § 1, 31 Stat. 911. This is a proviso of the Military Academy appropriation act for the year ending June 30, 1902, cited above. It supersedes a previous pro- vision, that any cadet dismissed for hazing should not be eligible to re- appointment, contained in Act March 31, 1884, c. 19, 23 Stat. 7. Sec. 1326. Courts-martial for trial of cadets. The superintendent of the Military Academy shall have power to convene general courts-martial for the trial of cadets, and to execute the sentences of such courts, except the sentences of suspension and dismission, subject to the same limitations and conditions now exist- ing as to other general courts-martial. Act March 3, 1873, c. 270, 17 Stat. 604. Sec. 1327. Board of visitors. There shall be appointed every year, in the following manner, a board of visitors, to attend the annual examination of the Academy: Seven persons shall be appointed by the President, and two Senators and three members of the House of Representatives shall be des- ignated as visitors, by the Vice-President, or President pro tempore of the Senate, and the Speaker of the House of Representatives, re- spectively, at the session of Congress next preceding such examina- tion. Act Aug. 8, 1848, c. 96, § 2, 9 Stat. 71. Act March 16, 1868, c. 30, § 1, 15 Stat. 42. Act Feb. 21, 1870, c. 18, 16 Stat. 67. Sec. 1328. Duties of visitors. It shall be the duty of the board of visitors to inquire into the ac- tual state of the discipline, instruction, police administration, fiscal affairs, and other concerns of the Academy. The visitors appointed by the President shall report thereon to the Secretary of War, for the information of Congress, at the commencement of the session next succeeding such examination, and the Senators and Representatives designated as visitors shall report to Congress, within twenty days after the meeting of the session next succeeding the time of their ap- pointment, their action as such visitors, with their views and recom- mendations concerning the Academy. Act Aug. 8, 1848, c. 96, § 2, 9 Stat. 71. Act Feb. 21, 1870, c. 18, 16 Stat. 67. Secs. 1329-1332) - Tit. 14—THE ARMY —Ch935 . 4. Sec. 1329. Compensation. No compensation shall be made to the members of said board be- yond the payment of their expenses for board and lodging while at the Academy, and an allowance, not exceeding eight cents a mile, for traveling by the shortest mail-route from their respective homes to the Academy, and thence to their homes. Act Aug. 8, 1848, c. 96, § 2, 9 Stat. 71. Act Feb. 21, 1870, c. 18, 16 Stat. 67. Subsequent provisions for payment to members of the board of mile- age, and of a per diem for expenses contained in Act June 11, 1878, c. 181, are set forth below. ACT JUNE 11, 1878, c. 181, $ 1. Mileage and per diem. * That hereafter the expenses allowed by section thirteen hun- dred and twenty-nine of the Revised Statutes shall be paid as fol- lows: each member of the Board of Visitors shall receive not ex- ceeding eight cents per mile for each mile traveled by the most direct route from his residence to West Point and return, and shall in ad- dition receive five dollars per day for expenses during each day of his service at West Point. Act June 11, 1878, c. 181, $ 1,20 Stat. 110. The effect of this section is to practically supersede the provision in section 1329 relating to the payment of the expenses of the board of visitors for board and lodging at the Academy, and to substitute there- for the per diem of five dollars. Act March 3, 1877, c. 109, 19 Stat. 382, contains a similar provision. * * Sec. 1330. Leaves of absence. Leave of absence may be granted by the superintendent, under regulations prescribed by the Secretary of War, to the professors, assistant professors, instructors, and other officers of the Academy, for the entire period of the suspension of the ordinary academic studies, without deduction from pay or allowances. Res. July 2, 1864, No. 67, 13 Stat. 416. Sec. 1331. Supervision of Academy. The supervision and charge of the Academy shall be in the War Department, under such officer or officers as the Secretary of War may assign to that duty. Act July 13, 1866, c. 176, $ 6, 14 Stat. 92. Sec. 1332. Congressional documents to library. The Secretary of the Senate shall furnish annually to the library 936 (Secs. 1332–1336 Tit. 14—THE ARMY - Ch. 4. of the Academy one copy of each document published, during the preceding year, by the Senate. Act April 23, 1856, c. 19, $ 3, 11 Stat. 5. The Library of the Military Academy is constituted a designated de- pository of Government publications, and one copy of such publications is to be supplied to it, by Act Jan. 12, 1895, c. 23, $ 98, post, under Title XLV, "Public Printing, Advertisem nts, and Public Documents." Sec. 1333. Professors of Military Academy; retirement. The professors of the Military Academy at West Point are placed on the same footing, as to retirement from active service, as officers of the Army. Act July 15, 1870, c. 294, § 13, 16 Stat. 319. Provisions for the retirement of army officers are set forth in chapter 2 of this Title. Sec. 1334. Superintendent and commandant at Military Academy; pay of. The superintendent of the Military Academy shall have the pay of a colonel, and the commandant of cadets shall have the pay of a lieu- tenant-colonel. Act June 12, 1858, c. 156, § 1, 11 Stat. 333. Sec. 1335. Adjutant; pay of. The adjutant of the Military Academy shall have the pay of an adjutant of a cavalry regiment. Act March 3, 1851, c. 22, § 1, 9 Stat. 594. Many of the annual appropriation acts for the support of the Military Academy, in making the appropriation for the payment of the salary of adjutant, provided that his pay should not exceed $1,800 per annum. See Act June 11, 1878, c. 181, 20 Stat. 109, Act June 1, 1880, c. 115, 21 Stat. 151, and Act June 30, 1882, c. 255, 22 Stat. 123. Sec. 1336. [As amended 1879.] Pay of professors. Each of the professors of the Military Academy whose service as professor at the Academy exceeds ten years shall have the pay and allowances of colonel, and all other professors shall have the pay and allowances of lieutenant-colonels; and the instructors of ordnance and science of gunnery and of practical engineering shall have the pay and allowances of major; and hereafter there shall be allowed and paid to the said professors ten per centum of their current yearly pay for each and every term of five years' service in the Army and at the Academy: Provided, That such addition shall in no case exceed forty per centum of said yearly pay; and said professors are hereby Secs. 1336-1338) - Tit. 14-THE ARMY -Ch937 . 4. placed upon the same footing, as regards restrictions upon pay and retirement from active service, as officers of the Army. Act Feb. 28, 1873, c. 210, 17 Stat. 479. Act June 23, 1879, c. 35, $ 4, 21 Stat. 34. The amendment of this section by Act June 23, 1879, c. 35, $ 4, cited above, consists in the insertion, after the word "service," where it first occurs, the words "as professor." Provisions prescribing the pay, etc., of the associate professor of mathematics, are contained in the act authorizing his appointment. Act March 1, 1893, c. 186, ante, following Rev. St. 8 1309 Sec. 1337. [As amended 1877.] . Assistant professors and instructors. Each assistant professor and each senior assistant instructor of cavalry, artillery, and infantry tactics shall receive the pay of a cap- a tain. Act April 29, 1812, c. 72, $ 2, 2 Stat. 720. Act July 5, 1838, c. 162, § 19, 5 Stat. 259. Act July 20, 1840, c. 50, § 3, 5 Stat. 398. Act Aug. 6, 1852, c. 81, $ 2, 10 Stat. 29. Act June 12, 1858, c. 156, § 1, 11 Stat. 333. Act Feb. 28, 1867, c. 100, $ 3, 14 Stat. 416. Act Feb. 27, 1877, c. 69, 81, 19 Stat. 244. The amendment of this section by Act Feb. 27, 1877, c. 69, § 1, cited above, consists in striking out, after the word "tactics,” the words, "and the instructor of practical military engineering." ACT MARCH 3, 1875, c. 135. Pay of assistant instructors of tactics. That the assistant instructors of tactics commanding cadet companies at West Point shall receive the same pay and allowances as assistant professors in the other branches of study. * * Act March 3, 1875, c. 135, § 1, 18 Stat. 467. This is a provision of the Military Academy appropriation act for the year ending June 30, 1876, cited above. Sec. 1338. [As amended 1901.] Master of sword [to act as instructor of physical culture; office to cease.] The master of the sword shall hereafter act as instructor of mili- tary gymnastics and physical culture at the Military Academy, and shall have the relative rank and shall be entitled to the pay, allowances, and emoluments of a first lieutenant, mounted: Provided, however, That whenever a vacancy shall occur in the office of master of the sword and instructor of military gymnastics and physical culture the said office shall cease and determine, and the duties thereunto per- taining shall thereafter be performed by an officer of the line of the Army to be selected for that purpose by the Secretary of War. Act Feb. 16, 1857, c. 45, § 3, 11 Stat. 161. Act March 2, 1901, c. 804, 31 Stat. 914. This section originally provided that the master of the sword was to receive pay at the rate of $1,500 a year, with fuel and quarters, 938 (Sec. 1339 Tit. 14—THE ARMY-Ch. 4. Sec. 1339. Cadets. Cadets of the Military Academy shall receive five hundred dollars a year and one ration a day. Act July 16, 1862, c. 183, § 15, 12 Stat. 586. Act April 1, 1864, c. 45, $ 3, 13 Stat. 39. Act Feb. 28, 1867, c. 100, $ 3, 14 Stat. 416. No cadet is to receive more than $540 per annum, by Act June 30, 1882, c. 255, set forth below, and subsequent provisions. Pay of graduates before acceptance of and qualification under com- mission as second lieutenants is provided for by Act Dec. 20, 1886, c. 2, set forth below. ACT MARCH 3, 1875, c. 135. Sales of books to cadets. For * text-books, books of reference, * * printing and binding text-books prepared for the special instruction of the cadets, Provided, That said books shall be sold to the cadets at cost price, and the amount received therefor covered into the Treasury; Act March 3, 1875, c. 135, 18 Stat. 467. This is a provision of the Military Academy appropriation act for the year ending June 30, 1876, cited above. Supplies for cadets are to be furnished at cost, by a provision of Act Aug. 7, 1876, c. 255, ante, following Rev. St. § 1309. ACT JUNE 30, 1882, c. 255. Limit of pay of cadets. And no cadet shall receive more than at the rate of five hundred and forty dollars a year. Act June 30, 1882, c. 255, 22 Stat. 123. This is a provision of the Military Academy appropriation act for the year ending June 30, 1883, repeated in subsequent similar acts. See Act June 20, 1890, c. 437, 26 Stat. 164. ACT DEC. 20, 1886, c. 2. An Act for the Relief of Graduates of the United States Military Academy, and to fix their Pay. (24 Stat. 351.) Pay of graduates. Be it enacted, &c., That every cadet who has heretofore graduated or may hereafter graduate at the West Point Military Academy, and who has been or may hereafter be commissioned a second lieutenant in the Army of the United States, under the laws appointing such graduates to the Army, shall be allowed full pay as second lieutenant from the date of his graduation to the date of his acceptance of and qualification under his commission and during his graduation leave, in accordance with the uniform practice which has prevailed since the establishment of the Military Academy. Act Dec. 20, 1886, c. 2, 24 Stat. 351. Provisions relating to commissions for graduates are collected under Rev. St. & 1213. Similar provisions for pay of graduates of the Naval Academy are contained in Act March 3, 1893, c. 212, post, under Rev. St. § 1560. Secs. 1340-1341) - Tit. 14—THE ARMY 939 - Ch. 4. Sec. 1340. Librarian and assistant. The librarian and assistant librarian at the Military Academy shall each receive one hundred and twenty dollars a year additional pay. Act April 23, 1856, c. 19, $ 2, 11 Stat. 5. Sec. 1341. Non-commissioned officer, etc. The non-commissioned officer in charge of mechanics and other la- bor at the Military Academy, the soldier acting as clerk in the adju- tant's office, and the four enlisted men in the philosophical and chem- ical departments and lithographic office, shall receive fifty dollars a year additional pay. Act April 23, 1856, c. 19, § 2, 11 Stat. 5. Provisions relating to the band at the Academy are set forth under Rev. St. $ 1111. The detail of a commissary sergeant is authorized by a provision of Act June 30, 1882, c. 255, set forth below. Provisions relating to detachments of enlisted' men for duty at the Academy are set forth or referred to below. Technical and scientific supplies for the departments of instruction of the Academy may be purchased by contract or otherwise, as the Secre- tary of War may deem best, by a provision of Act May 1, 1888, c. 212, post, following Rev. St. $ 3716. ACT JUNE 30, 1882, c. 255. Commissary-sergeant. And the Secretary of War is hereby authorized to detail a com- missary-sergeant to act as assistant to the commissary of cadets. Act June 30, 1882, c. 255, 22 Stat. 123. This is a provision of the Military Academy appropriation act for the year ending June 30, 1883, cited above. The detail of an officer as quartermaster and commissary is author- ized by a provision of Act Aug. 7, 1876, c. 255, ante, following Rev. St. $ 1309. ACT MAY 1, 1888, c. 212. Contingent fund; rent of hotel. Also, that all funds arising from the rent of the hotel on Academy grounds, and other incidental sources, from and after this date be, and are hereby, made a special contingent fund, to be expended un- der the supervision of the Superintendent of the Academy, and that he be required to account for the same annually, accompanied by proper vouchers to the Secretary of War. Act May 1, 1888, c. 212, 25 Stat. 112: This is a provision of the Military Academy appropriation act for the year ending June 30, 1889, cited above. Proceeds of sales of gas are to be paid into the fund, by a provision of Act March 1, 1893, c. 186, set forth below. * * 910 (Sec. 1341 Tit. 14—THE ARMY — Ch. 4. ACT JUNE 20, 1890, c. 437. . Detachment of enlisted men; Army-service men, Quartermaster's De- partment. That the enlisted men known as the artillery detachment at West Point shall be mustered out of the service as artillery-men and immediately re-enlisted as Army service men in the Quartermaster's Department, continuing to perform the same duties and to have the same pay, allowances, rights and privileges, and subject to the rules, regulations and laws in the same manner as if their service had been continuous in the artillery, and their said service shall be considered and declared to be continuous in the Army. Act June 20, 1890, c. 437, 26 Stat. 167. This is a proviso annexed to the appropriations for extra pay of en- listed men, in the Military Academy appropriation act for the year erding June 30, 1891, cited above. Further provisions relating to this detachment and the cavalry de- tachment are contained in Act Feb. 10, 1897, c. 214, set forth below. ACT MARCH 1, 1893, c. 186. Proceeds of sales of gas. That all proceeds of sales of gas be paid into the post fund. Act March 1, 1893, c. 186, 27 Stat. 520. This is a proviso annexed to the appropriation for pay of the super- intendent of gas works in the Military Academy appropriation act for the year ending June 30, 1894, cited above. ACT FEB. 10, 1897, c. 214. Number of enlisted men in detachments. * * That the detachments of enlisted men at the Military Acad- emy, heretofore designated as the general army service (Quarter- master's Department), and the cavalry detachment, shall be fixed at such numbers, not exceeding two hundred and fifteen enlisted men in both detachments, as in the opinion of the Secretary of War the necessities of the public service may from time to time require; but the number of enlisted men of the Army shall not be increased on account of this proviso or the two preceding paragraphs of this Act; * Act Feb. 10, 1897, c. 214, 29 Stat. 519. This is a proviso annexed to the appropriations for pay of the general Army-service men, and of the cavalry detachment, which are the “two preceding paragraphs of this act,” referred to therein, in the Military Academy appropriation act for the year ending June 30, 1898, cited above. The detachment of Army-service men, referred to in this act, is pro- vided for by Act June 20, 1890, c. 437, set forth above. The detachments are included in the composition of the Army by Act Feb. 2, 1901, c. 192, § 1, ante, following Rev. St. $ 1094. The number of general Army-service men authorized was 150, if re- quired, under Act July 26, 1894, c. 167, 28 Stat. 151. It was increased to 215 by provisions of Act Jan. 16, 1895, c. 29, 28 Stat. 627, and Act March 6, 1896, c. 48, 29 Stat. 48, similar to those of this act. The Secretary of War was authorized and directed to cause to be enlisted for clerical service and messenger duty at the various head- quarters of the Army and at West Point a corps of men, not to ex- Sec. 1311) 941 Tit. 14—THE ARMY —Ch. 4. ceed 170, by Act July 29, 1886, c. 810, 24 Stat. 167. This act was re- pealed by Act Aug. 6, 1894, c. 228, 28 Stat. 233. The annual appropriation acts for the support of the Military Acade- my, beginning with 1897, contain provisions appropriating certain sums for extra pay of the members of the general Army-service corps. The acts containing these provisions are Act Feb. 10, 1897, c. 214, 29 Stat. 518; Act March 5, 1898, c. 38, 30 Stat. 255; Act Feb. 27, 1899, c. 210, 30 Stat. 895; Act June 6, 1900, c. 792, 31 Stat. 615; Act March 2, 1901, c. 804, 31 Stat. 910. These acts all provide that the extra pay for which appropriations are made shall not be paid to men receiving extra-duty pay under any existing law or Army regulation Act June 6, 1900, c. 792, however, provides that "the allowance of extra pay, as provided for" in Act Feb. 10, 1897, Act March 5, 1898, and Act Feb. 27, 1899, "and of extra-duty pay to enlisted men of the army stationed at the Military Academy, who have been placed on extra duty in obedience to the orders of the superintendent," shall be paid. Various civilian employés at the Academy are also provided for by the annual appropriation acts. A provision for extra-duty pay to the soldier detailed as overseer at the waterworks is contained in Act March 2, 1901, c. 804, set forth below. ACT JULY 8, 1898, c. 636. An Act to Authorize the Secretary of War to Exercise a Discre- tion in Certain Cases. (30 Stat. 722.) Building for religious worship. Be it enacted, &c., That the Secretary of War, in his discretion, may authorize the erection of a building for religious worship by any denomination, sect, or religion on the West Point Military Reserva- tion: Provided, That the erection of such building will not inter- fere with the uses of said reservation for military purposes. Said building shall be erected without any expense whatever to the Gov- ernment of the United States, and shall be removed from the reser- vation, or its location changed by the denomination, sect, or religious body erecting the same whenever, in the opinion of the Secretary of War, public or military necessity shall require it, and without com- pensation for such building or any other expense whatever to the Government. Act July 8, 1898, c. 636, 30 Stat. 722. ACT MARCH 2, 1901, c. 804. Overseer of waterworks; extra pay. For waterworks: * That from the foregoing appropriations for waterworks, or from any appropriation that may hereafter be made for waterworks, a sum not to exceed seventy-five cents per day may be paid as extra-duty pay to the overseer, when such overseer is a soldier detailed for that duty. Act March 2, 1901, c. 804, 31 Stat. 920. This is a proviso annexed to an appropriation for waterworks in the Military Academy appropriation act for the fiscal year ending June 30, 1902, cited above. 942 —Ch Tit. 14—THE ARMY-Ch. 5. CHAPTER FIVE. Articles of War. Sec. 1342. Articles of war. Art. 1. Officers shall subscribe these ar- ticles. 2. Articles to be read to recruits. 3. Officers making unlawful enlist- ments. Act July 27, 1892, c. 272, $ 3. Fraudulent enlistment. 4. Discharges. 5. Mustering persons not soldiers. 6. Taking money on mustering. 7. Returns of regiments, etc. 8. False returns. 9. Captured stores secured for pub- lic service. 10. Accountability for arms, etc. 11. Furloughs. 12. Musters. 13. False certificates. 14. False muster. 15. Allowing military stores to be damaged. 16. Wasting ammunition. 17. [Selling,] losing, or spoiling [horses,] accouterments, etc. 18. Commanders not to be interested in sale of victuals, etc. 19. Disrespectful words against the President, etc. 20. Disrespect toward commanding Art. 34. One mile from camp without leave. 35. Failing to retire at retreat. 36. Hiring duty. 37. Conniying at hiring duty. 38. Drunk on duty. 39. Sentinel sleeping on post. 40. Quitting guard, etc., without leave. 41. False alarms. 42. Misbehavior before the enemy, cowardice, etc. 43. Compelling a surrender. 44. Disclosing watchword. 45. Relieving the enemy. 46. Corresponding with the enemy. 47. Desertion. 48. Deserter shall serve full term. 49. Desertion by resignation. 50. Enlisting in other regiment with- out discharge. 51. Advising to desert. 52. Misconduct at divine service. 53. Profane oaths. 54. Officers to keep good order in their commands. 55. Waste or spoil, and destruction of property without orders. 56. Violence to persons bringing pro- officers. 21. Striking a superior officer. 22. Mutiny. 23. Failing to resist mutiny. 24. Quarrels and frays. 25. Reproachful or provoking speech- es. 26. Challenges to fight duels. 27. Allowing persons to go out and fight; seconds and promoters. 28. Upbraiding another for refusing challenge. 29. Wrongs to officers; redress of. 30. Wrongs to soldiers; redress of. 31. Lying out of quarters. 32. Soldier absent without leave. 33. Absence from parade without leave. visions. 57. Forcing a safeguard. 58. Certain crimes during rebellion. 59. Offenders to be delivered up to civil magistrate. 60. Certain crimes of fraud against the United States. Making false claims; present- ing false claim. Agreement to obtain payment of false claim. False paper. Perjury. Forgery. Delivering less property than receipt calls for. Giving receipts without know- ing truth of. Stealing, wrongfully selling, , etc. Tit. 14—THE ARMY --Ch943 - . 5. Art. Buying public military prop- erty. [Punishment.] 61. Conduct unbecoming an officer and gentleman. 62. Crimes and disorders to preju- dice of military discipline. 63. Retainers of camp. 64. All troops subject to articles of war. 65. Arrest of officers accused of crimes. 66. Soldiers accused of crimes. 67. Receiving prisoners. 68. Report of prisoners. 69. Releasing prisoners without au- thority; escapes. 70. Duration of confinement. 71. Copy of charges and time of trial. 72. Who may appoint general courts- martial. 73. Commanders of divisions and sep- arate brigades may appoint, in time of war. 74. Judge-advocate. 75. Members of general courts-mar- tial. 76. When requisite number not at a post. 77. Regular officers; on what courts may sit. 78. Marine and Regular Army offi- cers associated on courts. 79. Officers triable by general courts- martial. 80. [Repealed.] 81. Regimental courts. 82. Garrison courts. Act June 18, 1898, c. 469. 1. Summary courts for trial of cer- tain offenses; how constitut- ed; powers; records. 2. Repeal. 3. Remission or mitigation of sen- tence. 4. Report of trials. 5. [Relates to soldiers sentenced by court-martial.] 6. [Relates to deserters.] 7. Time of taking effect of act. 83. Jurisdiction of [regimental and garrison courts-martial and summary courts; consent to trial by summary court.] Art. 84. Oath of members of courts-mar- tial. 85. Oath of judge-advocate. 86. Contempts of court. 87. Behavior of members. 88. Challenges by prisoner. 89. Prisoner standing mute. 90. Judge-advocate, prosecutor and counsel for prisoner. Act July 27, 1892, c. 272, $ 2. Judge-advocate to withdraw from closed sessions. 91. Depositions. Act March 2, 1901, c. 809. 1. Refusal to qualify as witness or to testify before court-martial. 2. Repeal. 3. [Amends Rey. St. $ 183.] 4. [Amends article 83.] 5. [Amends article 60.] 92. Oath of witness. 93. Continuances. 94. [Repealed.] 95. Order of voting. 96. Sentence of death, 97. Penitentiaries. 98. Flogging. 99. Discharge and dismissal of offi. cers. 100. Publication of officers cashiered for cowardice or fraud. 101. Suspension of officer's pay. 102. No person tried twice for same offense. 103. Limitation of time of prosecu- tion. 104. Approval of sentence by officer ordering court. 105. Confirmation of death sentence. 106. Confirmation of dismissals in time of peace. 107. Dismissal by division or brigade courts. 108. General officers; sentences re- specting. 109. Confirmation by officer ordering court. Act Sept. 27, 1890, c. 998. Sentences of courts-martial not to exceed limits prescribed by Presi- dent. 110. [Repealed.] 111. Suspension of sentences of death or dismissal. 944 (Sec. 1342 Tit. 14—THE ARMY —Ch- . 5. Art. Act June 18, 1898, c. 469, $ 5. Sentenced soldiers subject to arti- cles of war. 112. Pardon and mitigation of sen- tences. 113. Proceedings forwarded to Judge- Advocate-General. Act March 3, 1877, c. 102, § 1. Records of regimental, garrison, and field officers and courts-mar- tial. 114. Party entitled to a copy. 115. Courts of inquiry; how ordered. 116. Members of court of inquiry. 117. Oaths of members and recorder of court of inquiry. 118. Witnesses before courts of in- quiry. 119. Opinion; when given by. 120. Authentication of proceedings of court of inquiry. 121. Proceedings of court of inquiry used as evidence. Art. 122. Command, when different corps happen to join. 123. Regular and volunteer officers on same footing as to rank, etc. 124. Rank of militia officers on duty with officers of regular or vol- unteer forces. 125. Deceased officer's effects. 126. Deceased soldier's effects. 127. Effects of deceased officers and soldiers to be accounted for. 128. Articles of war to be published once in six months to every regiment, etc. Act March 1, 1875, c. 115. President may make and publish army regulations. Act June 23, 1879, c. 35, $ 2. Codification of Army regulations. Sec. 1343. Spies. Sec. 1342. [As amended 1875, 1877, 1884, 1890, 1892, 1898, 1901.] Articles of war. The armies of the United States shall be governed by the following rules and articles. The word officer, as used therein, shall be under- stood to designate commissioned officers; the word soldier shall be understood to include non-commissioned officers, musicians, artifi- cers, and privates, and other enlisted men, and the convictions men- tioned therein shall be understood to be convictions by court-mar- tial. Act April 10, 1806, c. 20, 2 Stat. 359. Officers shall subscribe these articles. Art. 1. Every officer now in the Army of the United States shall within six months from the passing of this act, and every officer here- after appointed shall, before he enters upon the duties of his office, subscribe these rules and articles. Article of war 1. Articles to be read to recruits. Art. 2. These rules and articles shall be read to every enlisted man at the time of, or within six days after, his enlistment, and he shall thereupon take an oath or affirmation, in the following form: “I, A. B., do solemnly swear (or affirm) that I will bear true faith and alle- giance to the United States of America ; that I will serve them hon- estly and faithfully against all their enemies whomsoever; and that I will obey the orders of the President of the United States, and the orders of the officers appointed over me, according to the rules and Sec. 1342) 945 Tit. 14— —THE ARMY_Ch. 5. articles of war.” This oath may be taken before any commissioned officer of the Army. Article of war 10. Act Jan. 29, 1813, c. 16, § 13, 2 Stat. 796. Act Aug. 3, 1861, c. 42, § 11, 12 Stat. 289. Officers making unlawful enlistments. Art. 3. Every officer who knowingly enlists or musters into the military service any minor over the age of sixteen years without the written consent of his parents or guardians, or any minor under the age of sixteen years, or any insane or intoxicated persons, or any de- serter from the military or naval service of the United States, or any person who has been convicted of any infamous criminal offense, shall, upon conviction, be dismissed from the service, or suffer such other punishment as a court-martial may direct. Act March 2, 1833, c. 68, $ 6, 4 Stat. 647. Act March 3, 1863, c. 75, $ 2, 12 Stat. 731. Act July 4, 1864, c. 237, § 5, 13 Stat. 380. Act March 3, 1865, c. 79, $ 18, 13 Stat. 490. Act May 15, 1872, c. 162, $ 2, 17 Stat. 117. ACT JULY 27, 1892, c. 272, § 3. Fraudulent enlistment. That fraudulent enlistment, and the receipt of any pay or allow- ance thereunder, is hereby declared a military offense and made pun- ishable by court-martial, under the Sixty-second Article of War. Act July 27, 1892, c. 272, § 3, 27 Stat. 277. Section 1 of this act amends articles 17, 84, 104, and 110. Section 2 relates to the duty of the judge-advocate to withdraw from closed sessions of courts-martial, and is set forth post, under article 90. Sec- tion 4 relates to the power of judge-advocates of departments and of courts-martial and of trial officers of summary courts to administer oaths, and is set forth under Rev. St. $ 1202. Section 5 contains a provision similar to the one found in Act June 18, 1898, c. 469, § 3, post, under article 82, by which it is superseded. Discharges. Art. 4. No enlisted man, duly sworn, shall be discharged from the service without a discharge in writing, signed by a field-officer of the regiment to which he belongs, or by the commanding officer, when no field-officer is present; and no discharge shall be given to any en- listed man before his term of service has expired, except by order of the President, the Secretary of War, the commanding officer of a de- partment, or by sentence of a general court-martial. Article of war 11. Mustering persons not soldiers. Art. 5. Any officer who knowingly musters as a soldier a person who is not a soldier shall be deemed guilty of knowingly making a false muster, and punished accordingly. Article of war 17. Taking money on mustering. Art. 6. Any officer who takes money, or other thing, by way of gratification, on mustering any regiment, troop, battery, or company, or on signing muster-rolls, shall be dismissed from the service, and LAWS '01-60 a 946 (Sec. 1342 Tit. 14—THE ARMY — Ch. 5. shall thereby be disabled to hold any office or employment in the service of the United States. Article of war 16. Returns of regiments, eto. Art. 7. Every officer commanding a regiment, an independent troop, battery, or company, or a garrison, shall, in the beginning of every month, transmit through the proper channels, to the Depart- ment of War, an exact return of the same, specifying the names of the officers then absent from their posts, with the reasons for and the time of their absence. And any officer who, through neglect or de- sign, omits to send such returns, shall, on conviction thereof, be pun- ished as a court-martial may direct. Article of war 19. False returns. Art. 8. Every officer who knowingly makes a false return to the Department of War, or to any of his superior officers, authorized to call for such returns, of the state of the regiment, troop or company, or garrison under his command; or of the arms, ammunition, cloth- ing or other stores thereunto belonging, shall, on conviction thereof before a court-martial, be cashiered. Article of war 18. Captured stores secured for public service. Art. 9. All public stores taken from the enemy shall be secured for the service of the United States; and for neglect thereof the com- manding officer shall be answerable. Article of war 58. Accountability for arms, etc. Art. 10. Every officer commanding a troop, battery, or company, is charged with the arms, accouterments, ammunition, clothing, or other military stores belonging to his command, and is accountable to his colonel in case of their being lost, spoiled, or damaged other- wise than by unavoidable accident, or on actual service. Article of war 40. Furloughs. Art. 11. Every officer commanding a regiment or an independent troop, battery, or company, not in the field, may, when actually quar tered with such command, grant furloughs to the enlisted men, in such numbers and for such time as he shall deem consistent with the good of the service. Every officer commanding a regiment, or an independent troop, battery, or company, in the field, may grant fur- loughs not exceeding thirty days at one time, to five per centum of the enlisted men, for good conduct in the line of duty, but subject to the approval of the commander of the forces of which said en- listed men form a part. Every company officer of a regiment, com- manding any troop, battery, or company not in the field, or com- manding in any garrison, fort, post, or barrack, may, in the absence of his field-officer, grant furloughs to the enlisted men, for a time not Sec. 1312) 917 Tit. 14—THE ARMY-Ch. 5. exceeding twenty days in six months, and not to more than two persons to be absent at the same time. Article of war 12. Act March 3, 1863, c. 75, $ 32, 12 Stat. 736. Musters. Art. 12. At every muster of a regiment, troop, battery, or com- pany, the commanding officer thereof shall give to the mustering officer certificates, signed by himself, stating how long absent offi- cers have been absent and the reasons of their absence. And the commanding officer of every troop, battery, or company shall give like certificates, stating how long absent non-commissioned officers and private soldiers have been absent and the reasons of their ab- sence. Such reasons and time of absence shall be inserted in the muster-rolls opposite the names of the respective absent officers and soldiers, and the certificates, together with the muster-rolls, shall be transmitted by the mustering officer to the Department of War, as speedily as the distance of the place and muster will admit. Article of war 13. False certificates. Art. 13. Every officer who signs a false certificate, relating to the absence or pay of an officer or soldier, shall be dismissed from the service. Article of war 14. False muster. Art. 14. Any officer who knowingly makes a false muster of man or horse, or who signs, or directs, or allows the signing of any mus- ter-roll, knowing the same to contain a false muster, shall, upon proof thereof by two witnesses, before a court-martial, be dismissed from the service, and shall thereby be disabled to hold any office or employment in the service of the Únited States. Article of war 15. Allowing military stores to be damaged. Art. 15. Any officer who, willfully or through neglect, suffers to be lost, spoiled, or damaged, any military stores belonging to the United States, shall make good the loss or damage, and be dismissed from the service. Article of war 36. Act March 2, 1863, c. 67, 8 1, 12 Stat. 696. Wasting ammunition. Art. 16. Any enlisted man who sells, or willfully or through neg- lect wastes the ammunition delivered out to him, shall be punished as a court-martial may direct. Article of war 37. [Selling,] losing, or spoiling [horses,] accouterments, etc. Art. 17. Any soldier who sells or through neglect losses or spoils his horse, arms, clothing, or accoutrements shall be punished as a court-martial may adjudge, subject to such limitation as may be pre- scribed by the President by virtue of the power vested in him. Article of war 38. Act Feb. 8, 1815, c. 38, § 7, 3 Stat. 204. Act July 27, 1892, c. 272, § 1, 27 Stat. 277. This section was amended by Act July 27, 1892, c. 272, § 1, cited 948 (Sec. 1342 Tit. 14—THE ARMY —Ch. 5. above. As originally enacted in the Revised Statutes, it read as fol- lows: "Any soldier who sells or, through neglect, loses or spoils his horse, arms, clothing, or accouterments, shall suffer such stoppages, not exceeding one half of his current pay, as a court-martial may deem sufficient for repairing the loss or damage, and shall be punished by confinement or such other corporal punishment as the court may di- rect." Section 2 of said act of 1892 relates to the duty of the judge- advocate to withdraw from closed sessions of courts-martial, and is set forth post, under article 90. Section 3 makes fraudulent enlistment, or the receipt of any pay or allowance thereunder, a military offense, and is set forth ante, under article 3. Section 4 relates to the power of judge-advocates of departments and of courts-martial and of trial of- ficers of summary courts to administer oaths, and is set forth ante, under Rev. St. § 1202. Section 5 contains a provision similar to the one found in Act June 18, 1898, c. 469, $ 3, post, under article 82, by which it is superseded. Wherever the punishment or conviction of any military offense is left to the discretion of the court-martial, the President is authorized to prescribe limits therefor, which are not, in time of peace, to be ex- ceeded, by Act Sept. 27, 1890, c. 998, post, under art. 109. The Pres- ident was also authorized to prescribe specific penalties for certain minor offenses of enlisted men, by Act October 1, 1890, c. 1259. This act, however, is superseded by Act June 18, 1898, c. 469, post, under article 82, which omits said provision. Commanders not to be interested in sale of victuals, etc. Art. 18. Any officer commanding in any garrison, fort, or barracks of the United States who, for his private advantage, lays any duty or imposition upon, or is interested in, the sale of any victuals, liquors, or other necessaries of life, brought into such garrison, fort, or bar- racks, for the use of the soldiers, shall be dismissed from the service. Article of war 31. Disrespectful words against the President, etc. Art. 19. Any officer who uses contemptuous or disrespectful words against the President, the Vice-President, the Congress of the United States, or the chief magistrate or legislature of any of the United States in which he is quartered, shall be dismissed from the service, or otherwise punished, as a court-martial may direct. Any soldier who so offends shall be punished as a court-martial may direct. Article of war 5. Disrespect toward commanding officers. Art. 20. Any officer or soldier who behaves himself with disrespect toward his commanding officer shall be punished as a court-martial may direct. Article of war 6. Striking a superior officer. Art. 21. Any officer or soldier who, on any pretense whatsoever, strikes his superior officer, or draws or lifts up any weapon, or offers any violence against him, being in the execution of his office, or dis- obeys any lawful command of his superior officer, shall suffer death, or such other punishment as a court-martial may direct. Article of war 9. Mutiny. Art. 22. Any officer or soldier who begins, excites, causes, or joins in any mutiny or sedition, in any troop, battery, company, party, post, Sec. 1342) 949 Tit. 14—THE ARMY — Ch. 5. detachment, or guard, shall suffer death, or such other punishment as a court-martial may direct. Article of war 7. Failing to resist mutiny. Art. 23. Any officer or soldier who, being present at any mutiny or sedition, does not use his utmost endeavor to suppress the same, or having knowledge of any intended mutiny or sedition, does not, without delay, give information thereof to his commanding officer, shall suffer death, or such other punishment as a court-martial may direct. Article of war 8. Quarrels and frays. Art. 24. All officers, of what condition soever, have power to part and quell all quarrels, frays, and disorders, whether among persons belonging to his own or to another corps, regiment, troop, battery, or company, and to order officers into arrest, and non-commissioned officers and soldiers into confinement, who take part in the same, un- til their proper superior officer is acquainted therewith. And whoso- ever, being so ordered, refuses to obey such officer or non-commis- sioned officer, or draws a weapon upon him, shall be punished as a court-inartial may direct. Article of war 27. Reproachful or provoking speeches. Art. 25. No officer or soldier shall use any reproachful or provok- ing speeches or gestures to another. Any officer who so offends shall be put in arrest. Any soldier who so offends shall be confined, and required to ask pardon of the party offended, in the presence of his commanding officer. Article of war 24. Challenges to fight duels. Art. 26. No officer or soldier shall send a challenge to another officer or soldier to fight a duel, or accept a challenge so sent. Any officer who so offends shall be dismissed from the service. Any soldier who so offends shall suffer such punishment as a court-mar- tial may direct. . Article of war 25. Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 244. This article was amended by Act Feb. 27, 1877, c. 69, § 1, cited above, by striking out the word "corporal" where it appeared after the word "such," in the last clause of the article. Allowing persons to go out and fight; seconds and promoters. Art. 27. Any officer or non-commissioned officer, commanding a guard, who, knowingly and willingly, suffers any person to go forth to fight a duel, shall be punished as a challenger; and all seconds or promoters of duels, and carriers of challenges to fight duels, shall be deemed principals, and punished accordingly. It shall be the duty of any officer commanding an army, regiment, troop, battery, company, post, or detachment, who knows or has reason to believe that a chal- lenge has been given or accepted by any officer or enlisted man un- 950 (Sec. 1342 Tit. 14—THE ARMY —Ch. 5. der his command, immediately to arrest the offender and bring him to trial. Article of war 26. Upbraiding another for refusing challenge. Art. 28. Any officer or soldier who upbraids another officer or sol- dier for refusing a challenge shall himself be punished as a chal- lenger; and all officers and soldiers are hereby discharged from any disgrace or opinion of disadvantage which might arise from their having refused to accept challenges, as they will only have acted in obedience to the law, and have done their duty as good soldiers, who subject themselves to discipline. Article of war 28. Wrongs to officers; redress of. Art. 29. Any officer who thinks himself wronged by the command- ing officer of his regiment, and, upon due application to such com- mander, is refused redress, may complain to the general command- ing in the State or Territory where such regiment is stationed. The general shall examine into said complaint and take proper measures for redressing the wrong complained of; and he shali, as soon as possible, transmit to the Department of War a true statement of such complaint, with the proceedings had thereon. Article of war 34. Wrongs to soldiers; redress of. Art. 30. Any soldier who thinks himself wronged by any officer may complain to the commanding officer of his regiment, who shall summon a regimental court-martial for the doing of justice to the complainant. Either party may appeal from such regimental court- martial to a general court-martial; but if, upon such second hear- ing, the appeal appears to be groundless and vexatious, the party appealing shall be punished at the discretion of said general court- martial. Article of war 35. Lying out of quarters. Art. 31. Any officer or soldier who lies out of his quarters, garri- son, or camp, without leave from his superior officer, shall be pun- ished as a court-martial may direct. Article of war 42. Soldier absent without leave. Art. 32. Any soldier who absents himself from his troop, battery, company, or detachment, without leave from his commanding officer, shall be punished as a court-martial may direct. Article of war 21. Absence from parade without leave. Art. 33. Any officer or soldier who fails, except when prevented by sickness or other necessity, to repair, at the fixed time, to the place of parade, exercise, or other rendezvous appointed by his commanding officer, or goes from the same, without leave from his commanding Sec. 1342) 951 Tit. 14—THE ARMY —Ch. 5. officer, before he is dismissed or relieved, shall be punished as a court- martial may direct. Article of war 44. One mile from camp without leave. Art. 34. Any soldier who is found one mile from camp, without leave in writing from his commanding officer, shall be punished as a court-martial may direct. Article of war 41. Failing to retire at retreat. Art. 35. Any soldier who fails to retire to his quarters or tent at the beating of retreat, shall be punished according to the nature of his offense. Article of war 43. Hiring duty. Art. 36. No soldier belonging to any regiment, troop, battery, or company shall hire another to do his duty for him, or be excused from duty, except in cases of sickness, disability, or leave of absence. Every such soldier found guilty of hiring his duty, and the person so hired to do another's duty, shall be punished as a court-martial may direct. Article of war 47. Conniving at hiring duty. Art. 37. Every non-commissioned officer who connives at such hir- ing of duty shall be reduced. Every officer who knows and allows such practices shall be punished as a court-martial may direct. Article of war 48. Drunk on duty. Art. 38. Any officer who is found drunk on his guard, party, or other duty, shall be dismissed from the service. Any soldier who so offends shall suffer such punishment as a court-martial may direct. No court-martial shall sentence any soldier to be branded, marked, or tattooed. Article of war 45. Act Feb. 18, 1875, c. SO, 18 Stat. 318. Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 244. This article was amended by Act Feb. 18, 1875, c. 80, cited above, by striking out the word "corporal” where it appeared after the word "such," in the second sentence, and by adding at the end of the article the sentence beginning, “No court-martial shall sentence.” Act Feb. 27, 1877, c. 69, § 1, cited above, also amended said section by providing for striking out the word "corporal." Sentinel sleeping on post. Art. 39. Any sentinel who is found sleeping upon his post, or who leaves it before he is regularly relieved, shall suffer death, or such other punishment as a court-martial may direct. Article of war 46. Quitting guard, etc., without leave. Art. 40. Any officer or soldier who quits his guard, platoon, or division, without leave from his superior officer, except in a case of urgent necessity, shall be punished as a court-martial may direct. Article of war 50. 952 (Sec. 1342 Tit. 14—THE ARMY_Ch. 5. False alarms. Art. 41. Any officer who, by any means whatsoever, occasions false alarms in camp, garrison, or quarters, shall suffer death, or such other punishment as a court-martial may direct. Article of war 49. Misbehavior before the enemy, cowardice, etc. Art. 42. Any officer or soldier who misbehaves himself before the enemy, runs away, or shamefully abandons any fort, post, or guard, which he is commanded to defend, or speaks words inducing others to do the like, or casts away his arms or ammunition, or quits his post or colors to plunder or pillage, shall suffer death, or such other punish- ment as a court-martial may direct. Article of war 52. Compelling a surrender. Art. 43. If any commander of any garrison, fortress, or post is compelled, by the officers and soldiers under his command, to give up to the enemy or to abandon it, the officers or soldiers so offend- ing shall suffer death, or such other punishment as a court-martial may direct. Article of war 59. Disclosing watchword. Art. 44. Any person belonging to the armies of the United States who makes known the watchword to any person not entitled to re- ceive it, according to the rules and discipline of war, or presumes to give a parole or watchword different from that which he received, shall suffer death, or such other punishment as a court-martial may direct. Article of war 53. Relieving the enemy. Art. 45. Whosoever relieves the enemy with money, victuals, or ammunition, or knowingly harbors or protects an enemy, shall suf- fer death, or such other punishment as a court-martial may direct. Article of war 56. Corresponding with the enemy. Art. 46. Whosoever holds correspondence with, or gives intelli- gence to, the enemy, either directly or indirectly, shall suffer death, or such other punishment as a court-martial may direct. Article of war 57. Desertion. Art. 47. Any officer or soldier who, having received pay, or having been duly enlisted in the service of the United States, deserts the same, shall, in time of war, suffer death, or such other punishment as a court-martial may direct; and in time of peace, any punishment, excepting death, which a court-martial may direct. Article of war 20. Act May 29, 1830, c. 183, 4 Stat. 418. Provisions offering rewards for the capture and return of deserters are set forth ante, under Rev. St. $ 1120, and for the removal of the charge of desertion against certain soldiers, under Rev. St. § 1230. All persons who deserted the military or naval service of the United Sec. 1342) 953 Tit. 14—THE ARMY-Ch. 5. States during the rebellion are deprived of their right of citizenship, or their right to become citizens, and are made incapable of holding any office of trust or profit under the United States, by Rev. St. § 1996; certain soldiers and sailors are excepted from the provisions of said section by section 1997; and section 1998 provides that all persons who hereafter desert, etc., shall be subject to the penalties provided by sec- tion 1996. Deserter shall serve full term. Art. 48. Every soldier who deserts the service of the United States shall be liable to serve for such period as shall, with the time he may have served previous to his desertion, amount to the full term of his enlistment; and such soldier shall be tried by a court-martial and punished, although the term of his enlistment may have elapsed previous to his being apprehended and tried. Act Jan. 11, 1812, c. 14, 8 16, 2 Stat. 673. Act Jan. 29, 1813, c. 16, $ 12, 2 Stat. 796. Desertion by resignation. Art. 49. Any officer who, having tendered his resignation, quits . his post or proper duties, without leave, and with intent to remain permanently absent therefrom, prior to due notice of the acceptance of the same, shall be deemed and punished as a deserter. Act Aug. 5, 1861, c. 54, § 2, 12 Stat. 316 Enlisting in other regiment without discharge. Art. 50. No non-commissioned officer or soldier shall enlist himself in any other regiment, troop, or company, without a regular dis- charge from the regiment, troop, or company in which he last served, on a penalty of being reputed a deserter, and suffering accordingly. And in case any officer shall knowingly receive and entertain such non-commissioned officer or soldier, or shall not, after his being dis- covered to be a deserter, immediately confine him and give notice thereof to the corps in which he last served, the said officer shall, by a court-martial, be cashiered. Article of war 22. Advising to desert. Art. 51. Any officer or soldier who advises or persuades any other officer or soldier to desert the service of the United States, shall, in time of war, suffer death, or such other punishment as a court-martial may direct; and in time of peace, any punishment, excepting death, which a court-martial may direct. Article of war 23. Act May 29, 1830, c. 183, 4 Stat. 418. Misconduct at divine service. Art. 52. It is earnestly recommended to all officers and soldiers diligently to attend divine service. Any officer who behaves indecent- ly or irreverently at any place of divine worship shall be brought before a general court-martial, there to be publicly and severely reprimanded by the president thereof. Any soldier who so offends shall, for his first offense, forfeit one-sixth of a dollar; for each further offense he shali forfeit a like sum, and shall be confined twenty-four hours. The money so forfeited shall be deducted from his next pay, and shall a 954 (Sec. 1342 Tit. 14—THE ARMY - Ch. 5. be applied, by the captain or senior officer of his troop, battery, or company, to the use of the sick soldiers of the same. Article of war 2. Profane oaths. Art. 53. Any officer who uses any profane oath or execration shall, for each offense, forfeit and pay one dollar. Any soldier who so offends shall incur the penalties provided in the preceding article; and all moneys forfeited for such offenses shall be applied as therein provided. Article of war 3. Officers to keep good order in their commands. Art. 54. Every officer commanding in quarters, garrison, or on the march, shall keep good order, and, to the utmost of his power, re- dress all abuses or disorders which may be committed by any officer or soldier under his command; and if, upon complaint made to him of officers or soldiers beating or otherwise ill-treating any person, disturbing fairs or markets, or committing any kind of riot, to the disquieting of the citizens of the United States, he refuses or omits to see justice done to the offender, and reparation made to the party injured, so far as part of the offender's pay shall go toward such reparation, he shall be dismissed from the service, or otherwise pun- ished, as a court-martial may direct. Article of war 32. Waste or spoil, and destruction of property without orders. Art. 55. All officers and soldiers are to behave themselves orderly in quarters and on the march; and whoever commits any waste or spoil, either in walks or trees, parks, warrens, fish-ponds, houses, gardens, grain-fields, inclosures, or meadows, or maliciously destroys any property whatsoever belonging to inhabitants of the United States, (unless by order of a general officer commanding a separate army in the field,) shall, besides such penalties as he may be liable to by law, be punished as a court-martial may direct. Article of war 54. Violence to persons bringing provisions. Art. 56. Any officer or soldier who does violence to any person bringing provisions or other necessaries to the camp, garrison, or quarters of the forces of the United States in foreign parts, shall suf- fer death, or such other punishment as a court-martial may direct. Article of war 51. Forcing a safeguard. Art. 57. Whosoever, belonging to the armies of the United States in foreign parts, or at any place within the United States or their Territories during rebellion against the supreme authority of the United States, forces a safe-guard, shall suffer death. Article of war 55. Act July 13, 1861, c. 3, § 5, 12 Stat. 257. Act July 31, 1861, c. 32, 12 Stat. 284. Act Feb. 13, 1862, c. 25, § 5, 12 Stat. 340. Sec. 1342) 955 Tit. 14—THE ARMY-Ch. 5. Certain crimes during rebellion. Art. 58. In time of war, insurrection, or rebellion, larceny, rob- Bery, burglary, arson, mayhem, manslaughter, murder, assault and battery with an intent to kill , wounding, by shooting or stabbing, with an intent to commit murder, rape, or assault and battery with an intent to commit rape, shall be punishable by the sentence of a general court-martial, when committed by persons in the military service of the United States, and the punishment in any such case shall not be less than the punishment provided, for the like offense, by the laws of the State, Territory, or district in which such offense may have been committed. Act July 13, 1861, c. 3, § 5, 12 Stat. 257. Act July 31, 1861, c. 32, 12 Stat. 284. Act March 3, 1863, c. 75, § 30, 12 Stat. 736. Offenders to be delivered up to civil magistrate. Art. 59. When any officer or soldier is accused of a capital crime, or of any offense against the person or property of any citizen of any of the United States, which is punishable by the laws of the land, the commanding officer, and the officers of the regiment, troop, battery, company, or detachment, to which the person so accused belongs, are required, except in time of war, upon application duly made by or in behalf of the party injured, to use their utmost endeavors to de- liver him over to the civil magistrate, and to aid the officers of justice in apprehending and securing him, in order to bring him to trial. If, upon such application, any officer refuses or willfully neglects, except in time of war, to deliver over such accused person to the civil magis- trates, or to aid the officers of justice in apprehending him, he shall be dismissed from the service. Article of war 33. Act March 3, 1863, c. 75, $30, 12 Stat. 736. Certain crimes of fraud against the United States. Art. 60. Any person in the military service of the United States who makes or causes to be made any claim against the United States, or any officer thereof, knowing such claim to be false or fraudulent; or Act March 2, 1863, c. 67, § 1, 12 Stat. 696. Act March 2, 1901, c. 809, § 5, 31 Stat. 951. Making false claim; presenting false claim. Who presents or causes to be presented to any person in the civil or military service thereof, for approval or payment, any claim against the United States or any officer thereof, knowing such claim to be false or fraudulent; or Agreement to obtain payment of false claim. Who enters into any agreement or conspiracy to defraud the Unit- ed States by obtaining, or aiding others to obtain, the allowance or payment of any false or fraudulent claim; or False paper. Who, for the purpose of obtaining, or aiding others to obtain, the approval, allowance, or payment of any claim against the United States or against any officer thereof, makes or uses, or procures or 956 (Sec. 1342 Tit. 14—THE ARMY — Ch. 5. advises the making or use of, any writing or other paper, knowing the same to contain any false or fraudulent statement; or Perjury. Who, for the purpose of obtaining, or aiding others to obtain, the approval, allowance, or payment of any claim against the United States or any officer thereof, makes, or procures or advises the mak- ing of, any oath to any fact or to any writing or other paper, know- ing such oath to be false; or Forgery. Who, for the purpose of obtaining, or aiding others to obtain, the approval, allowance, or payment of any claim against the United States or any officer thereof, forges or counterfeits, or procures or advises the forging or counterfeiting of, any signature upon any writ- ing or other paper, or uses, or procures or advises the use of, any such signature, knowing the same to be forged or counterfeited; or Delivering less property than receipt calls for. Who, having charge, possession, custody or control of any money or other property of the United States, furnished or intended for the military service thereof, knowingly delivers, or causes to be deliv- ered, to any persons having authority to receive the same, any amount thereof less than that for which he receives a certificate or receipt; or Giving receipts without knowing truth of. Who, being authorized to make or deliver any paper certifying the receipt of any property of the United States, furnished or intend- ed for the military service thereof, makes, or delivers to any person, such writing, without having full knowledge of the truth of the state- ments therein contained, and with intent to defraud the United States; or Stealing, wrongfully selling, etc. Who steals, embezzles, knowingly and willfully misappropriates, applies to his own use or benefit, or wrongfully or knowingly sells or disposes of any ordnance, arms, equipments, ammunition, cloth- ing, subsistence stores, money, or other property of the United States, furnished or intended for the military service thereof; or Buying public military property. Who knowingly purchases, or receives in pledge for any obligation or indebtedness, from any soldier, officer, or other person who is a part of or employed in said forces or service, any ordnance, arms, equipments, ammunition, clothing, subsistence stores, or other prop- erty of the United States, such soldier, officer, or other person not having lawful right to sell or pledge the same, [Punishment.] Shall, on conviction thereof, be punished by fine or imprisonment, or by such other punishment as a court-martial may adjudge, or by any or all of said penalties. And if any person, being guilty of any of the offenses aforesaid, while in the military service of the United Sec. 1342) 957 Tit. 14—THE ARMY —Ch. 5. States, receives his discharge, or is dismissed from the service, he shall continue to be liable to be arrested and held for trial and sen- tence by a court-martial, in the same manner and to the same extent as if he had not received such discharge nor been dismissed. This paragraph of this article was amended by Act March 2, 1901, c. 809, § 5, 31 Stat. 951, by inserting after the words "shall, on con- viction thereof, be punished by fine or imprisonment, or by such other punishment as a court martial may adjudge," the words, “or by any or all of said penalties.' Conduct unbecoming an officer and gentleman. Art. 61. Any officer who is convicted of conduct unbecoming an officer and a gentleman shall be dismissed from the service. Article of war 83. Crimes and disorders to prejudice of military discipline. Art. 62. All crimes not capital, and all disorders and neglects, which officers and soldiers may be guilty of, to the prejudice of good order and military discipline, though not mentioned in the foregoing articles of war, are to be taken cognizance of by a general, or a regi- mental, garrison, or field-officers' court-marshal, according to the nature and degree of the offense, and punished at the discretion of such court. Article of war 99. The words "court-marshal" in this article are evidently intended for "court-martial." Fraudulent enlistments, or the receipt of any pay or allowance there- under, are declared to be military offenses, and are made punishable by court-martial in accordance with the provisions of this section, by Act July 27, 1892, c. 272, § 3, ante, under article 3. Article 80, authorizing field officers courts under certain contingencies is expressly repealed by Act June 18, 1898, c. 469, $ 2, 30 Stat. 483. Hence so much of this section as relates to crimes within the cog- nizance of field officers courts would seem to be impliedly repealed. Retainers of camp. Art. 63. All retainers to the camp, and all persons serving with the armies of the United States in the field, though not enlisted soldiers, are to be subject to orders, according to the rules and discipline of war. Article of war 60. All troops subject to articles of war. Art. 64. The officers and soldiers of any troops, whether militia or others, mustered and in pay of the United States, shall, at all times and in all places, be governed by the articles of war, and shall be subject to be tried by courts-martial. Article of war 97. Act July 29, 1861, c. 25, § 3, 12 Stat. 281, 284. Act March 2, 1863, c. 67, § 1, 12 Stat. 696. Inmates of the Soldiers' Home are subject to the articles of war, by Rev. St. § 4824. Arrest of officers accused of crimes. Art. 65. Officers charged with crime shall be arrested and confined in their barracks, quarters, or tents, and deprived of their swords by the commanding officer. And any officer who leaves his confinement 958 (Sec. 1342 Tit. 14—THE ARMY —Ch. 5. before he is set at liberty by his commanding officer shall be dis- missed from the service. Article of war 77. Soldiers accused of crimes. Art. 66. Soldiers charged with crimes shall be confined until tried by court-martial, or released by proper authority. Article of war 78. Receiving prisoners. Art. 67. No provost-marshal, or officer commanding a guard, shall refuse to receive or keep any prisoner committed to his charge by an officer belonging to the forces of the United States; provided the officer committing shall, at the same time, deliver an account in writ- ing, signed by himself, of the crime charged against the prisoner. Article of war 80. Report of prisoners. Art. 68. Every officer to whose charge a prisoner is committed shall, within twenty-four hours after such commitment, or as soon as he is relieved from his guard, report in writing, to the command- ing officer, the name of such prisoner, the crime charged against him, and the name of the officer committing him; and if he fails to make such report, he shall be punished as a court-martial may direct Article of war 82. Releasing prisoners without authority; escapes. Art. 69. Any officer who presumes, without proper authority, to release any prisoner committed to his charge, or suffers any prisoner so committed to escape, shall be punished as a court-martial may di- rect. Article of war 81. Duration of confinement. Art. 70. No officer or soldier put in arrest shall be continued in confinement more than eight days, or until such time as a court- martial can be assembled. Article of war 78. Copy of charges and time of trial. Art. 71. When an officer is put in arrest for the purpose of trial, except at remote military posts or stations, the officer by whose or- der he is arrested shall see that a copy of the charges on which he is to be tried is served upon him within eight days after his arrest, and that he is brought to trial within ten days thereafter, unless the ne- cessities of the service prevent such trial; and then he shall be brought to trial within thirty days after the expiration of said ten days. If a copy of the charges be not served, or the arrested officer be not brought to trial, as herein required, the arrest shall cease. But officers released from arrest, under the provisions of this article, may be tried, whenever the exigencies of the service shall permit, within twelve months after such release from arrest. Act July 17, 1862, c. 200, § 11, 12 Stat. 595. Sec. 1342) 959 Tit. 14—THE ARMY_Ch. 5. Who may appoint general courts-martial. Art. 72. Any general officer commanding an army, a Territorial Division or a Department, or colonel commanding a separate De- partment may appoint general courts martial whenever necessary. But when any such commander is the accuser or prosecutor of any officer under his command the court shall be appointed by the Presi- dent; and its proceedings and sentence shall be sent directly to the Secretary of War, by whom they shall be laid before the President, for his approval or orders in the case. Article of war 65. Act May 29, 1830, c. 179, $$ 1, 2, 4 Stat. 417. Act July 5, 1884, c. 224, 23 Stat. 421. This section was amended by Act July 5, 1884, c. 224, cited above. Originally it read as follows: "Any general officer, commanding the Army of the United States, a separate Army or a separate department, shall be competent to appoint a general court-martial, either in time of peace or in time of war, but when any such commander is the ac- cuser or prosecutor of any officer under his command, the court shall be appointed by the President, and its proceedings shall be sent directly to the Secretary of War, by whom they shall be laid before the Pres- ident, for his approval or orders in the case." Commanders of divisions and separate brigades may appoint, in time of war. Art. 73. In time of war the commander of a division, or of a sepa- rate brigade of troops, shall be competent to appoint a general court- martial. But when such commander is the accuser or prosecutor of any person under his command, the court shall be appointed by the next higher commander. Act Dec. 24, 1861, c. 3, 12 Stat. 330. Judge-advocate. Art. 74. Officers who may appoint a court-martial shall be compe- tent to appoint a judge-advocate for the same. Article of war 69. Members of general courts-martial. Art. 75. General courts-martial may consist of any number of of- ficers from five to thirteen, inclusive; but they shall not consist of less than thirteen when that number can be convened without mani- fest injury to the service. Article of war 64. When requisite number not at a post. Art. 76. When the requisite number of officers to form a general court-martial is not present in any post or detachment, the com- manding officer shall, in cases which require the cognizance of such a court, report to the commanding officer of the department, who shall, thereupon, order a court to be assembled at the nearest post or department at which there may be such a requisite number of of- ficers, and shall order the party accused, with necessary witnesses, to be transported to the place where the said court shall be assembled. Article of war 86. Regular officers; on what courts may sit. Art. 77. Officers of the Regular Army shall not be competent to 960 (Sec. 1342 Tit. 14—THE ARMY — Ch. 5. sit on courts-martial to try the officers or soldiers of other forces, except as provided in Article 78. Article of war 97. Marine and Regular Army officers associated on courts. Art. 78. Officers of the Marine Corps, detached for service with the Army by order of the President, may be associated with officers of the Regular Army on courts-martial for the trial of offenders be- longing to the Regular Army, or to forces of the Marine Corps so detached; and in such cases the orders of the senior officer of either corps, who may be present and duly authorized, shall be obeyed. Article of war 68. Act June 30, 1834, c. 132, 8 2, 4 Stat. 713. Officers triable by general courts-martial. Art. 79. Officers shall be tried only by general courts-martial; and no officer shall, when it can be avoided, be tried by officers inferior to him in rank. Article of war 75. Art. 80. [Repealed. Act June 18, 1898, c. 469, § 2.] $ This article is expressly repealed by Act June 18, 1898, c. 469, § 2, post, following article 82. It provided that in time of war a field officer might be detailed in every regiment to try soldiers thereof for offenses not capital, and that soldiers should not be tried by a regimental or garrison court-martial when a field officer of his regiment could be detailed. Regimental courts. Art. 81. Every officer commanding a regiment or corps shall, sub- ject to the provisions of article eighty, be competent to appoint, for his own regiment or corps, courts-martial, consisting of three offi- cers, to try offenses not capital. Article of war 69. Act July 17, 1862, c. 201, § 7, 12 Stat. 598. The article 80 referred to is repealed by Act June 18, 1898, c. 469, S 2, post, following article 82. Garrison courts. Art. 82. Every officer commanding a garrison, fort, or other place, where the troops consist of different corps, shall, subject to the pro- visions of article eighty be competent to appoint, for such garrison or other place, courts-martial, consisting of three officers, to try offenses not capital. Article of war 66. Act July 17, 1862, c. 201, § 7, 12 Stat. 598. Act Feb. 18, 1875, c. 80, 18 Stat. 310. This article was amended by Act Feb. 18, 1875, c. 80, cited above, by striking out the word “ninety-five” after the word "article," and substituting therefor the word "eighty.” The article 80 referred to is repealed by Act June 18, 1898, c. 469, § 2, set forth below, and the opera- tive force of this article would seem not to be restricted by the provi- sion therein. See note to said article 80. ACT JUNE 18, 1898, 0.469. An Act to Amend an Act entitled "An Act to Promote the Ad- Sec. 1342) 961 Tit. 14—THE ARMY —Ch- . 5. ministration of Justice,” Approved October First, Eighteen Hun- dred and Ninety, and for other Purposes. (30 Stat. 483.) Summary courts for trial of certain offenses; how constituted; powers; records. Be it enacted, &c., That the Act entitled an “An Act to promote the administration of justice in the Army,” approved October first, eighteen hundred and ninety, as supplemented and amended by sub- sequent legislation, be, and the same is hereby, amended so as to read as follows: That the commanding officer of each garrison, fort, or other place, regiment or corps, detached battalion, or company, or other detach- ment in the Army, shall have power to appoint for such place or command, or in his discretion for each battalion thereof, a summary court to consist of one officer to be designated by him, before whom enlisted men who are to be tried for offenses, such as were prior to the passage of the Act 'to promote the administration of justice in the Army,' approved October first, eighteen hundred and ninety, cog- nizable by garrison or regimental courts-martial, and offenses cog- nizable by field officers detailed to try offenders under the provisions of the eightieth and one hundred and tenth articles of war, shall be brought to trial within twenty-four hours of the time of the arrest, or as soon thereafter as practicable, except when the accused is to be tried by general court-martial; but such summary court may be appointed and the officer designated by superior authority when by him deemed desirable; and the officer holding the summary court shall have power to administer oaths and to hear and determine such cases, and when satisfied of the guilt of the accused adjudge the pun- ishment to be inflicted, which said punishment shall not exceed con- finement at hard labor for one month and forfeiture of one month's pay, and, in the case of a non-commissioned officer, reduction to the ranks in addition thereto; that there shall be a summary court record kept at each military post and in the field at the headquarters of the proper command, in which shall be entered a record of all cases heard and determined and the action had thereon; and no sentence adjudged by said summary court shall be executed until it shall have been approved by the officer appointing the court, or by the officer commanding for the time being: Provided, That when but one commissioned officer is present with a command he shall hear and finally determine such cases : And provided further, That no one while holding the privileges of a cer- tificate of eligibility to promotion shall be brought before a sum- mary court, and that non-commissioned officers shall not, if they ob- ject thereto, be brought to trial before summary courts without the authority of the officer competent to order their trial by general court-martial, but shall in such cases be brought to trial before gar- rison, regimental, or general courts-martial, as the case may be. Act June 18, 1898, c. 469, § 1, 30 Stat. 483. This act supersedes Act Oct. 1, 1890, c. 1259, 26 Stat. 648, referred to in this section, and acts supplementary and amendatory thereof. Section 1 of that act read as follows: "That hereafter in time of peace all enlisted men charged with offenses now cognizable by a garrison or LAWS '01-61 962 (Sec. 1342 Tit. 14—THE ARMY —Ch. 5. regimental court-martial shall, within twenty-four hours from the time of their arrest, be brought before a summary court, which shall consist of the line officers second in rank at the post or station or of the com- mand of the alleged offender, and at stations where only officers of the staff are on duty the officers second in rank shall constitute such court, who shall have power to administer oaths and to hear and determine the case, and when satisfied of the guilt of the accused party adjudge the punishment to be inflicted. There shall be a summary court rec- ord-book or docket kept at each military post, and in the field at the headquarters of the command, in which shall be entered a record of all cases heard and determined and the action had thereon, and no sen- tence adjudged by said summary court shall be executed until it shall have been approved by the post or other commander: Provided, That when but one commissioned officer is present with a command, he shall hear and finally determine such cases as require summary action: Pro- vided further, That the President be, and he hereby is, authorized to prescribe specific penalties for such minor offenses as are now brought before garrison and regimental courts-martial: Provided further, That any enlisted men charged with an offense and brought before such summary court, may, if he so desires, object to a hearing and determina- tion of his case by such court and request a trial by court-martial, which request shall be granted as of right, and when the court is the accuser the case shall be heard and determined by the post commander, or by regimental or garrison court martial: And provided further, That post and other commanders shall, on the last day of each month, make a report to the department headquarters of the number of cases de- termined by summary court during the month, setting forth the offenses committed and the penalties awarded, which report shall be filed in the office of the judge-advocate of the department." Section the arrest of deserters, and is superseded by a similar provision in Act Oct. 1, 1890, c. 1259, § 2, ante, under Rev. St. $ 1120. Section 3 was added to said act by Act July 27, 1892, c. 272, § 5, 27 Stat. 278, and was as follows: "That the commanding officers authorized to approve the sentence of summary courts shall have the power to remit or mit- igate the same." It was repeated in Act July 27, 1892, c. 276, 27 Stat. 281, and section 3 of this act contains the same provision, with the addition of the words "and superior authority.” Trial officers of summary courts are authorized to administer oaths for the purposes of the administration of military justice and for other purposes of military administration, by Act July 27, 1892, c. 272, § 4, 27 Stat. 277, set forth ante, following Rev. St. § 1202. Repeal. Sec. 2. That articles eighty and one hundred and ten of the Rules and Articles for the Government of the Armies of the United States be, and the same are hereby, repealed. Act June 18, 1898, c. 469, § 2, 30 Stat. 483. Remission or mitigation of sentence. Sec. 3. That the commanding officers authorized to approve the sentences of summary courts and superior authority shall have pow- er to remit or mitigate the same. Act June 18, 1898, c. 469, § 3, 30 Stat. 483. A similar provision contained in Act July 27, 1892, c. 272, § 5, 27 Stat. 278, is superseded by this section. Report of trials. Sec. 4. That post and other commanders shall, in time of peace, on the last day of each month, make a report to the department head- quarters of the number of cases determined by summary court during the month, setting forth the offenses committed and the penalties Sec. 1342) - Tit. 14—THE ARMY-963 Ch. 5. awarded, which report shall be filed in the office of the judge-advo- cate of the department, and may be destroyed when no longer of use. Act June 18, 1898, c. 469, § 4, 30 Stat. 483. Sec. 5. [Relates to soldiers sentenced by court-martial.] This section relates to soldiers sentenced by court-martial to dis- honorable discharge and confinement, and is set forth post, under article 111. Sec. 6. [Relates to deserters.] This section relates to the arrest of deserters, and is set forth ante, following Rev. St. $ 1120. Time of taking effect of act. Sec. 7. That this Act shall take effect sixty days after its passage. Act June 18, 1898, c. 469,8 7, 30 Stat. 483. Jurisdiction of [regimental and garrison courts-martial and summary courts; consent to trial by summary court.] Art. 83. Regimental and garrison courts-martial and summary courts detailed under existing laws to try enlisted men shall not have power to try capital cases or commissioned officers, but shall have power to award punishment not to exceed confinement at hard labor for three months or forfeiture of three months' pay, or both, and in addition thereto, in the case of noncommissioned officers reduction to the ranks and in the case of first-class privates reduction to second- class privates: Provided, That a summary court shall not adjudge confinement and forfeiture in excess of a period of one month, unless the accused shall before trial consent in writing to trial by said court, but in any case of refusal to so consent, the trial may be had either by general, regimental, or garrison court-martial, or by said sum- mary court, but in case of trial by said summary court without con- sent as aforesaid, the court shall not adjudge confinement or for- feiture of pay for more than one month.” Articles of War 66, 67. Act July 17, 1862, c. 201, § 7, 12 Stat. 598. Act March 2, 1901, c. 809, $ 4, 31 Stat. 951. This article was amended by Act March 2, 1901, c. 809, $ 4, cited above. As originally enacted the article was as follows: "Regimental and garrison courts-martial and field officers detailed to try offenders, shall not have power to try capital cases or commissioned officers, or to inflict a fine exceeding one month's pay, or to imprison or put to hard labor any non-commissioned officer or soldier for a longer time than one month." Oath of members of courts-martial. Art. 84. The judge-advocate shall administer to each member of the court, before they proceed upon any trial, the following oath, which shall also be taken by all members of regimental and garrison courts-martial: “You, A B, do swear that you will well and truly try and determine, according to evidence, the matter now before you, be- tween the United States of America and the prisoner to be tried, and that you will duly administer justice, without partiality, favor, or af- fection, according to the provisions of the rules and articles for the government of the armies of the United States, and if any doubt should arise, not explained by said articles, then according to your 964 (Sec. 1342 Tit. 14—THE ARMY-Ch. 5. conscience, the best of your understanding, and the custom of war in like cases; and you do further swear that you will not divulge the sentence of the court until it shall be published by the proper author- ity, except to the judge-advocate; neither will you disclose or dis- cover the vote or opinion of any particular member of the court- martial, unless required to give evidence thereof, as a witness, by a court of justice, in a due course of law. So help you God." Article of war 69. Act July 27, 1892, c. 272, § 1, 27 Stat. 277. This article was amended by Act July 27, 1892, c. 272, § 1, cited above, by inserting after the words "the proper authority” the words "except to the judge-advocate." Section 2 of said act of 1892 relates to the duty of the judge-advo- cate to withdraw from closed sessions of courts-martial, and is set forth post, under article 90. Section 3 makes fraudulent enlistment, or the receipt of any pay or allowance thereunder, a military offense, and is set forth ante, under article 3. Section 4 relates to the power of judge- advocates of departments and of courts-martial and of trial officers of summary courts to administer oaths, and is set forth ante, under Rev. St. $ 1202. Section 5 contains a provision similar to that contained in Act June 18, 1898, c. 469, $ 3, post, under article 82, by which it is superseded. Oath of judge-advocate. Art. 85. When the oath has been administered to the members of a court-martial, the president of the court shall administer to the judge- advocate, or person officiating as such, an oath in the following form: "You, A B, do swear that you will not disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof, as a witness, by a court of justice, in due course of law; nor divulge the sentence of the court to any but the proper authority, until it shall be duly disclosed by the same. So help you God.” Article of war 69. Contempts of court. Art. 86. A court-martial may punish, at discretion, any person who uses any inenacing words, signs, or gestures, in its presence, or who disturbs its proceedings by any riot or disorder. Article of war 76. Behavior of members. Art. 87. All members of a court-martial are to behave with de- cency and calmness. Article of war 72. Challenges by prisoner. Art. 88. Members of a court-martial may be challenged by a pris- oner, but only for cause stated to the court. The court shall deter- mine the relevancy and validity thereof, and shall not receive a chal- lenge to more than one member at a time. Article of war 71. Prisoner standing mute. Art. 89. When a prisoner, arraigned before a general court-mar- tial, from obstinacy and deliberate design, stands mute, or answers Sec. 1342) 965 Tit. 14THE ARMY-Ch. 5. foreign to the purpose, the court may proceed to trial and judgment, as if the prisoner had pleaded not guilty. Article of war 70. Judge-advocate, prosecutor and counsel for prisoner. Art. 90. The judge-advocate, or some person deputed by him, or by the general or officer commanding the Army, detaehment, or gar- rison, shall prosecute in the name of the United States, but when the prisoner has made his plea, he shall so far consider himself coun- sel for the prisoner as to object to any leading question to any of the witnesses, and to any question to the prisoner, the answer to which might tend to criminate himself. Article of war 69. Judge-advocates of departments and courts-martial are authorized to administer oaths for the purposes of the administration of military justice and for other purposes of military administration by Act July 27, 1892, c. 272, $4, 27 Stat. 277, ante, following Rev. St. $ 1202. ACT JULY 27, 1892, c. 272, $ 2. Judge-advocate to withdraw from closed sessions. That whenever a court-martial shall sit in closed session the judge- advocate shall withdraw, and when his legal advice or his assistance in referring to recorded evidence is required it shall be obtained in open court. Act July 27, 1892, c. 272, & 2, 27 Stat. 277. Section 1 of this act amends articles 17, 84, 104, and 110. Section 3 relates to fraudulent enlistments, and is set forth ante, under article 3. Section 4 relates to the power of judge-advocates of departments and of courts-martial and of trial officers of summary courts to administer oaths, and is set forth ante, under Rev. St. § 1202. Section 5 contains a provision similar to the one found in Act June 18, 1898, c. 469, $ 3, ante, under article 82, by which it is superseded. Depositions. Art. 91. The depositions of witnesses residing beyond the limits of the State, Territory, or district in which any military court may be ordered to sit, if taken on reasonable notice to the opposite party and duly authenticated, may be read in evidence before such court in cases not capital. Article of war 74. Act March 3, 1863, c. 75, $ 27, 12 Stat. 736. ACT MARCH 2, 1901, c. 809. An Act to prevent the failure of military justice, and for other purposes. Refusal to qualify as witness or to testify before court-martial. Be it enacted, etc., That every person not belonging to the Army of the United States who, being duly subpænaed to appear as a wit- ness before a general court-martial of the Army, willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or produce documentary evidence which such person may have been legally subpoenaed to produce, shall be deemed guilty of a misde- meanor, for which such person shall be punished on information in 966 (Sec. 1342 Tit. 14—THE ARMY-Ch. 5. the district court of the United States; and it shall be the duty of the United States district attorney, on the certification of the facts to him by the general court-martial, to file an information against and prosecute the person so offending, and the punishment of such person, on conviction, shall be a fine of not more than five hundred dollars or imprisonment not to exceed six months, or both, at the discretion of the court: Provided, That this shall not apply to per- sons residing beyond the State, Territory, or District in which such general court-martial is held, and that the fees of such witness, and his mileage at the rates provided for witnesses in the United States district court for said State, Territory or District shall be duly paid or tendered said witness, such amounts to be paid by the Pay Depart- ment of the Army out of the appropriation for compensation of wit- nesses: Provided, That no witness shall be compelled to incriminate himself or to answer any questions which may tend to incriminate or degrade him. Act March 2, 1901, c. 809, § 1, 31 Stat. 950. Repeal. Sec. 2. That article ninety-four, section thirteen hundred and forty-two, of the Revised Statutes of the United States be, and the same is hereby, repealed. Act March 2, 1901, c. 809, $ 2, 31 Stat. 951. Sec. 3. [Amends Rev. St. § 183.] Sec. 4. [Amends article 83.] Sec. 5. [Amends article 60.] Oath of witness. Art. 92. All persons who give evidence before a court-martial shall be examined on oath, or affirmation, in the following form: “You swear (or affirm) that the evidence you shall give, in the case now in hearing, shall be the truth, the whole truth, and nothing but the truth. So help you God.” Article of war 73. Continuances. Art. 93. A court-martial shall, for reasonable cause, grant a con- tinuance to either party, for such time, and as often, as may appear to be just: Provided, That if the prisoner be in close confinement, the trial shall not be delayed for a period longer than sixty days. Act March 3, 1863, c. 75, $ 29, 12 Stat. 736. Art. 94. [Repealed. Act March 2, 1901, c. 809, § 2.] This section prescribed the hours of sitting of courts-martial. It is expressly repealed by Act March 2, 1901, c. 809, $ 2, 31 Stat. 950. Order of voting. Art. 95. Members of a court-martial, in giving their votes, shall begin with the youngest in commission. Article of war 72. Sentence of death. Art. 96. No person shall be sentenced to suffer death, except by Sec. 1342) 967 Tit. 14—THE ARMY - Ch. 5. the concurrence of two-thirds of the members of a general court- martial, and in the cases herein expressly mentioned. Article of war 87. Penitentiaries. Art. 97. No person in the military service shall, under the sentence of a court-martial, be punished by confinement in a penitentiary, un- less the offense of which he may be convicted would, by some statute of the United States, or by some statute of the State, Territory, or District in which such offense may be committed, or by the common law, as the same exists in such State, Territory, or District, subject such convict to such punishment. Act July 16, 1862, c. 190, $$ 1, 4, 12 Stat. 589. Flogging Art. 98. No person in the military service shall be punished by flogging, or by branding, marking, or tatooing on the body. Act Aug. 5, 1861, c. 54, $ 3, 12 Stat. 317. Act June 6, 1872, c. 316, $ 2, 17 Stat. 261. Discharge and dismissal of officers. Art. 99. No officer shall be discharged or dismissed from the serv- ice, except by order of the President, or by sentence of a general court-martial; and in time of peace no officer shall be dismissed, ex- cept in pursuance of the sentence of a court-martial, or in mitigation thereof. Article of war 11. Act July 13, 1866, c. 176, § 5, 14 Stat. 92. Publication of officers cashiered for cowardice or fraud. Art. 1oo. When an officer is dismissed from the service for coward- ice or fraud, the sentence shall further direct that the crime, punish- ment, name, and place of abode of the delinquent shall be published in the newspapers in and about the camp, and in the State from which the offender came, or where he usually resides; and after such pub- lication it shall be scandalous for an officer to associate with him. Article of war 85. Suspension of officer's pay. Art. 101. When a court-martial suspends an officer from command, it may also suspend his pay and emoluments for the same time ac- cording to the nature of his offense. Article of war 84. No person tried twice for same offense. Art. 102. No person shall be tried a second time for the same of- fense. Article of war 87. Limitation of time of prosecution. Art. 103. No person shall be liable to be tried and punished by a general court-martial for any offense which appears to have been committed more than two years before the issuing of the order for such trial, unless, by reason of having absented himself, or of some other manifest impediment, he shall not have been amenable to jus- 968 (Sec. 1342 Tit. 14—THE ARMY Ch- . 5. tice within that period. No person shall be tried or punished by a court-martial for desertion in time of peace and not in the face of an enemy, committed more than two years before the arraignment of such person for such offense, unless he shall meanwhile have absent- ed himself from the United States, in which case the time of his ab- sence shall be excluded in computing the period of the limitation: Provided, That said limitation shall not begin until the end of the term for which said person was mustered into the service. Article of war 88. Act April 11, 1890, c. 78, 26 Stat. 54. This ction was amended by Act April 11, 1890, c. 78, cited above, by adding all matter beginning with the words, “no person shall be tried or punished by a court-martial for desertion." Approval of sentence by officer ordering court. Art. 104. No sentence of a court-martial shall be carried into ex- ecution until the same shall have been approved by the officer order- ing the court, or by the officer commanding for the time being. Article of war 65. Act July 27, 1892, c. 272, § 1, 27 Stat. 277. This section was amended by Act July 27, 1892, c. 272, § 1, cited above, by striking out, after the word "until,” the words "the whole proceedings,” and inserting instead thereof the words "the same." Section 2 of said act of 1892 relates to the duty of the judge-advocate to withdraw from closed sessions of courts-martial, and is set forth post, under article 90. Section 3 makes fraudulent enlistment, or the receipt of any pay or allowance thereunder, a military offense, and is set forth ante, under article 3. Section 4 relates to the power of judge advocates of departments and of courts-martial and of trial officers of summary courts to administer oaths, and is set forth ante, under Rev. St. $ 1202. Section 5 contains a provision similar to the one found in Act June 18, 1898, c. 469, $ 3, post, under article 82, by which it is superseded. Confirmation of death sentence. Art. 105. No sentence of a court-martial, inflicting the punishment of death, shall be carried into execution until it shall have been con- firmed by the President; except in the cases of persons convicted, in time of war, as spies, mutineers, deserters, or murderers, and in the cases of guerilla marauders, convicted, in time of war, of rob- bery, burglary, arson, rape, assault with intent to commit rape, or of violation of the laws and customs of war; and in such excepted cases the sentence of death may be carried into execution upon con- firmation by the commanding general in the field, or the commander of the department, as the case may be. Article of war 65. Act July 17, 1862, c. 201, § 5, 12 Stat. 598. Act March 3, 1863, c. 75, $ 21, 12 Stat. 735. Act July 2, 1864, c. 215, § 1, 13 Stat. 356. Confirmation of dismissals in time of peace. Art. 106. In time of peace no sentence of a court-martial, direct- ing the dismissal of an officer, shall be carried into execution, until it shall have been confirmed by the President. Article of war 65. Dismissal by division or brigade courts. Art. 107. No sentence of a court-martial appointed by the com- mander of a division or of a separate brigade of troops, directing Sec. 1342) 969 Tit. 14THÐ ARMY_Ch. 5. the disinissal of an officer, shall be carried into execution until it shall have been confirmed by the general commanding the army in the field to which the division or brigade belongs. Act Dec. 24, 1861, c. 3, 12 Stat. 330. General officers; sentences respecting. Art. 108. No sentence of a court-martial, either in time of peace or in time of war, respecting a general officer, shall be carried into execution, until it shall have been confirmed by the President. Article of war 65. Confirmation by officer ordering court. Art. 109. All sentences of a court-martial may be confirmed and carried into execution by the officer ordering the court, or by the officer commanding for the time being, where confirmation by the President, or by the commanding general in the field, or command- er of the department, is not required by these articles. Article of war 65. ACT SEPT. 27, 1890, c. 998. , An Act to Amend the Articles of War Relative to the Punishment on Conviction by Courts-martial. (26 Stat. 291.) Sentences of courts-martial not to exceed limits prescribed by Pres- ident. Be it enacted, &c., That whenever by any of the Articles of War for the government of the Army the punishment or conviction of any military offense is leit to the discretion of the court martial the punishment therefor shall not, in time of peace, be in excess of a limit which the President may prescribe. Act Sept. 27, 1890, c. 998, 26 Stat. 291. Art. 110. [Repealed. Act June 18, 1898, c. 469, § 2.] This section is expressly repealed by Act June 18, 1898, c. 469, § 2, ante, following Article 82. As amended by Act July 27, 1892, c. 272, § 1, 27 Stat. 277, it read as follows: “No sentence adjudged by a field officer, detailed to try soldiers of his regiment, shall be carried into ex- ecution until the same shall have been approved by the brigade commander, or, in case there be no brigade commander, by the com- manding officer of the post or camp." Section 2 of said amending act of 1892 relates to the duty of the judge-advocate to withdraw from closed sessions of courts-martial, and is set forth ante, under article 90. Section 3 makes fraudulent enlist- ment, or the receipt of any pay or allowance thereunder, a military of- fense, and is set forth ante, under article 3. Section 4 relates to the power of judge-advocates of departments and of courts-martial and of trial officers of summary courts to administer oaths, and is set forth ante, under Rev. St. $ 1202. Section 5 contains a provision similar to that contained in Act June 18, 1898, c. 469, § 3, post, under article 82, by which it is superseded. Suspension of sentences of death or dismissal. Art. 111. Any officer who has authority to carry into execution the sentence of death, or of dismissal of an officer, may suspend the same until the pleasure of the President shall be known; and, in such case, he shall immediately transmit to the President a copy of 970 (Sec. 1342 Tit. 14—THE ARMY —Ch. 5. the order of suspension, together with a copy of the proceedings of the court. Article of war 89. ACT JUNE 18, 1898, c. 469, § 5. a Sentenced soldiers subject to articles of war. That soldiers sentenced by court-martial to dishonorable dis- charge and confinement shall, until discharged from such confine- ment, remain subject to the Articles of War and other laws relating to the administration of military justice. Act June 18, 1898, c. 469, § 5, 30 Stat. 483. Pardon and mitigation of sentences. Art. 112. Every officer who is authorized to order a general court- martial shall have power to pardon or mitigate any punishment ad- judged by it, except the punishment of death or of dismissal of an officer. Every officer commanding a regiment or garrison in which a regimental or garrison court-martial may be held, shall have power to pardon or mitigate any punishment which such court may adjudge. Article of war 89. Act July 17, 1862, c. 201, § 7, 12 Stat. 598. Proceedings forwarded to Judge-Advocate General. Art. 113. Every judge-advocate, or person acting as such, at any general court-martial, shall, with as much expedition as the oppor- tunity of time and distance of place may admit, forward the original proceedings and sentence of such court to the Judge-Advocate-Gen- eral of the Army, in whose office they shall be carefully preserved. Article of war 90. Act July 17, 1862, c. 201, 88 5, 6, 12 Stat. 598. Act July 28, 1866, c. 299, $ 12, 14 Stat. 334. ACT MARCH 3, 1877, c. 102, $ 1. Records of regimental, garrison, and field officers and courts-martial. * * That hereafter the records of the regimental, garrison, and field officers and courts-martial shall, after having been acted upon, be retained and filed in the Judge Advocate's office at the Head- quarters of the Department Commander in whose department the courts were held for two years, at the end of which time they may be destroyed. * * * Act March 3, 1877, c. 102, § 1, 19 Stat. 394. This is a provision of the legislative, executive, and judicial appro- priation act for the year ending June 30, 1878. Party entitled to a copy. Art. 114. Every party tried by a general court-martial shall, upon demand thereof, made by himself or by any person in his behalf, be entitled to a copy of the proceedings and sentence of such court. Article of war 90. Courts of inquiry; how ordered. Art. 115. A court of inquiry, to examine into the nature of any transaction of, or accusation or imputation against, any officer or Sec. 1342) - Tit. 14—THE ARMY —Ch971 . 5. soldier, may be ordered by the President or by any commanding officer; but, as courts of inquiry may be perverted to dishonorable purposes, and may be employed, in the hands of weak and envious commandants, as engines for the destruction of military merit, they shall never be ordered by any commanding officer, except upon a clemand by the officer or soldier whose conduct is to be inquired of. Articles of war 91, 92. Members of court of inquiry. Art. 116. A court of inquiry shall consist of one or more officers, not exceeding three, and a recorder, to reduce the proceedings and evidence to writing. Article of war 91. Oaths of members and recorder of court of inquiry. Art. 117. The recorder of a court of inquiry shall administer to the members the following oath: “You shall well and truly exam- ine and inquire, according to the evidence, into the matter now be- fore you, without partiality, favor, affection, prejudice, or hope of reward: so help you God." After which the president of the court shall administer to the recorder the following oath: “You, A B, do swear that you will, according to your best abilities, accurately and impartially record the proceedings of the court and the evidence to be given in the case in hearing: so help you God.” Article of war 93. Witnesses before courts of inquiry. Art. 118. A court of inquiry, and the recorder thereof, shall have the same power to summon and examine witnesses as is given to courts-martial and the judge-advocates thereof. Such witnesses shall take the same oath which is taken by witnesses before courts- martials, and the party accused shall be permitted to examine and cross-examine them, so as fully to investigate the circumstances in question. Articles of war 91, 93. Act March 3, 1863, c. 75, § 27, 12 Stat. 736. Act March 3, 1863, c. 79, $ 25, 12 Stat. 754, Opinion; when given by. Art. 119. A court of inquiry shall not give an opinion on the mer- its of the case inquired oi unless specially ordered to do so. Article of war 91. Authentication of proceedings of court of inquiry. Art. 120. The proceedings of a court of inquiry must be authen- ticated by the signatures of the recorder and the president thereof, and delivered to the commanding officer. Article of war 92. Proceedings of court of inquiry used as evidence. Art. 121. The proceedings of a court of inquiry may be admitted as evidence by a court-martial, in cases not capital, nor extending. to the dismissal of an officer: Provided, That the circumstances are such that oral testimony cannot be obtained. Article of war 92. 972 (Sec. 1342 Tit. 14—THE ARMY-Ch. 5. Command, when different corps happen to join. Art. 122. If, upon marches, guards, or in quarters, different corps of the Army happen to join or do duty together, the officer highest in rank of the line of the Army, Marine Corps, or militia, by com- mission, there on duty or in quarters, shall command the whole, and give orders for what is needful to the service, unless otherwise spe- cially directed by the President, according to the nature of the case. Article of war 62. Regular and volunteer officers on same footing as to rank, etc. Art. 123. In all matters relating to the rank, duties, and rights of officers, the same rules and regulations shall apply to officers of the Regular Army and to volunteers commissioned in, or mustereri into said service, under the laws of the United States, for a limited period. Act March 2, 1867, c. 159, $ 2, 14 Stat. 435. Rank of militia officers on duty with officers of regular or volunteer forces. Art. 124. Officers of the militia of the several States, when called into the service of the United States, shall on all detachments, courts- martial, and other duty wherein they may be employed in conjunc- tion with the regular or volunteer forces of the United States, take rank next after all officers of the like grade in said regular or volun- teer forces, notwithstanding the commissions of such militia officers may be older than the commissions of the said officers of the regular or volunteer forces of the United States. Article of war 98. Act March 2, 1867, c. 159, $ 2, 14 Stat. 435. Deceased officer's effects. Art. 125. In case of the death of any officer, the major of his regi- ment, or the officer doing the major's duty, or the second officer in command at any post or garrison, as the case may be, shall immedi- ately secure all his effects then in camp or quarters, and shall make, and transmit to the office of the Department of War, an inventory thereof. Article of war 94. Deceased soldier's effects. Art. 126. In case of the death of any soldier, the commanding offi- cer of his troop, battery, or company shall immediately secure all his effects then in camp or quarters, and shall, in the presence of two other officers, make an inventory thereof, which he shall trans- mit to the office of the Department of War. Article of war 94. Effects of deceased officers and soldiers to be accounted for. Art. 127. Officers charged with the care of the effects of deceased officers or soldiers shall account for and deliver the same, or the proceeds thereof, to the legal representatives of such deceased offi- cers or soldiers. And no officer so charged shall be permitted to quit the regiment or post until he has deposited in the hands of the Secs. 1342-1343) 973 Tit. 14—THE ARMY - — Ch. 5. commanding officer all the effects of such deceased officers or soldiers not so accounted for and delivered. Article of war 95. Articles of war to be published once in six months to every regiment, etc. Art. 128. The foregoing articles shall be read and published, once in every six months, to every garrison, regiment, troop, or company in the service of the United States, and shall be duly observed and obeyed by all officers and soldiers in said service. Article of war 101. Any offenses mentioned in the foregoing articles of war, the punish- ment of which may be death, are expressly excepted from the provi- sions of Act Jan. 15, 1897, c. 29, 82, post, under Title LXX, “Crimes,” which abolishes the death penalty for all offenses to which the same had attached with certain exceptions. ACT MARCH 1, 1875, c. 115. An Act to Authorize the Promulgation of the General Regula- tions for the Government of the Army. (18 Stat. 337.) President may make and publish army regulations. * * * [Part of section omitted repeals in part section 20 of Act July 15, 1870, C. 294.] And the President is hereby authorized, un- der said section, to make and publish regulations for the government of the Army in accordance with existing laws. Act March 1, 1875, c. 115, 18 Stat. 337. The provisions repealed by the omitted portion of this section are so much of section 20 of Act July 15, 1870, c. 294, 16 Stat. 819, as re- quire the general system of regulations for the Army, theiein author- ized, to be reported to Congress at its next session, and are as follows: "And be it further enacted, That the Secretary of War shall prepare a system of general regulations for the administration of the affairs of the army, which, when approved by Congress, shall be enforced and obeyed until altered or revoked by the same authority; and said reg- ulations shall be reported to Congress at its next session: Provided, That said regulations shall not be inconsistent with the laws of the United States.” This section was not incorporated in the Revised Stat- utes. ACT JUNE 23, 1879, c. 35, $ 2. Codification of Army regulations. That the Secretary of War is authorized and directed to cause all the regulations of the Army and general orders now in force to be codified and published to the Army, and to defray the expenses thereof out of the contingent fund of the Army. Act June 23, 1879, c. 35, $ 2, 21 Stat. 30. Sec. 1343. Spies. All persons who, in time of war, or of rebellion against the su- preme authority of the United States, shall be found lurking or acting as spies, in or about any of the fortifications, posts, quarters, or 974 (Secs. 1344-1361 Tit. 14—THE ARMY - . 6. — Ch. encampments of any of the armies of the United States, or else- where, shall be triable by a general court-martial, or by a military commission, and shall, on conviction thereof, suffer death. Act April 10, 1806, c. 20, § 2, 2 Stat. 371. Act Feb. 13, 1862, c. 25, $ 4, 12 Stat. 340. Act March 3, 1863, c. 75, $ 38, 12 Stat. 737. CHAPTER SIX. Military Prison. Sec. 1344-1361. (Superseded.] Secs. 1344-1361. [Superseded. Act March 2, 1895, c. 189.] C. This chapter incorporated the provisions of Act March 3, 1873, c. 249, 17 Stat. 582, relating to a military prison, to be established at Rock Island, Ill. But that act was amended, so that all acts and things therein required to be done at Rock Island should be done on the mili- tary reservation at Fort Leavenworth, Kan., the Government buildings on the reservation to be used for the prison, by Act May 21, 1874, c. 186, 18 Stat. 48, which act, though passed before the enactment of the Re- vised Statutes, took effect as a subsequent statute by virtue of Rev. St. § 5601. Rev. St. § 1344, incorporated the provisions of section 1 of said Act March 3, 1873, c. 249, which established the prison, as a prison for the confinement and reformation of offenders against the rules, regulations, and laws of the government of the army. Rev. St. § 1345, provided for a board of government. Section 1346, as amended by Act Jan. 19, 1801, c. 80, 26 Stat. 722, required the visitation of the prison by the board of government and the Secretary of War. Rev. St. § 1347, provided offi- cers and attendants for the prison. Rev. St. § 1348, as amended by Act Jan. 19, 1891, c. 80, 26 Stat. 722, required an army inspector to visit the prison at stated intervals to examine the accounts, etc. Rev. St. $S 1349–1355, required the commandant of the prison to give bond, prescrib- ed his powers and duties, made provision for employment of the convicts, for remission, in part, of their sentences, and for punishment for mis- conduct, and provided that convicts should, upon being discharged, be provided with decent clothing. Rev. St. $$ 1356, 1357, related to the privileges, provisions, etc., of the convicts. Rev. St. $ 1358, prohibited the officers of the prison from being interested in contracts, purchases, or sales made on account of the prison. Rev. St. $$ 1359, 1360, provided for the punishment of officers or soldiers suffering prisoners to escape. Rev. St. $ 1360, made all prisoners subject to the Articles of War. Cer- tain supplies for the army were ordered to be made at the prison by Act March 3, 1879, c. 182, § 1, 20 Stat. 389. All these acts relating to the military prison appear to have become in- operative on the passage of Act March 2, 1895, c. 189, which contains provisions, set forth post, following Rev. St. § 5550, that the pris- on, "including all the buildings, grounds, and other property connect- ed therewith,” should be transferred to the Department of Justice; that it should be known as the United States Penitentiary; that it should be used for “the confinement of persons convicted in the United States courts of crimes against the United States and sentenced to imprison- ment in a penitentiary, or convicted by courts-martial of offenses now pun- ishable by confinement in a penitentiary and sentenced to terms of im- prisonment of more than one year"; and that the penitentiary should Secs. 1344-1361) Tit. 14—THE ARMY-975 - . 6A. Ch. be carried on in accordance with the provisions of Act March 3, 1891, c. 529, post, following Rev. St. $ 5550. By Act June 10, 1896, c. 400, $ 1, post, following Rev. St. $ 5550, the Attorney-General was authorized and directed to select on the Leavenworth Military Reservation a site for the erection of a penitentiary. Said act further provided that, when the peni- tentiary so authorized should be occupied, the buildings transferred to the Department of Justice by Act March 2, 1895, c. 189, mentioned above, should be retransferred to the Department of War. The effect of these acts appears to be to abolish, practically, the mili- tary prison, by placing the buildings, grounds, etc., under the control of the Department of Justice, to be used as a penitentiary, and to subject military offenders imprisoned in the penitentiary to the rules and regu- lations governing the admission and imprisonment of civil offenders against the laws of the United States; thus superseding, for all practical purposes, the provisions of Rev. St. $$ 1341-1361, relating to the mili- tary prison and prisoners therein. [CHAPTER SIX A.] [National Military Parks.] Act May 15, 1896, c. 182. 1. Military parks, fields for military maneuvers for Army and Mili- tia. 2. Camps for military instruction. Act March 3, 1897, c. 372. 1. Destruction, etc., of monuments, etc., trees, etc., in parks. 2. Trespassing for hunting, etc., in parks. 3. Arrest and prosecution of offend- ers. 4. Refusal to surrender land within parks. 5. Extent of application of act. ACT MAY 15, 1896, c. 182. An Act Authorizing the Secretary of War to Make Certain Uses of National Military Parks. (29 Stat. 120.) Military parks, fields for military maneuvers for Army and Militia. Be it enacted, &c., That in order to obtain practical benefits of great value to the country from the establishment of national military parks, said parks and their approaches are hereby declared to be national fields for military maneuvers for the Regular Army of the United States and the National Guard or Militia of the States: Pro- vided, That the said parks shall be opened for such purposes only in the discretion of the Secretary of War, and under such regulations as he may prescribe. Act May 15, 1896, c. 182, § 1, 29 Stat. 120. The Chickamauga and Chattanooga National Military Park was estab- lished by Act Aug. 19, 1890, c. 806, 26 Stat. 333; the Shiloh National Military Park, by Act Dec. 27, 1894, c. 12, 28 Stat. 597; the Gettysburg National Military Park, by Act Feb. 11, 1895, c. 80, 28 Stat. 651; the Vicksburg National Military Park, by Act Feb. 21, 1899, c. 176, 30 Stat. 841. Camps for military instruction. Sec. 2. That the Secretary of War is hereby authorized, within the limits of appropriations which may from time to time be available 976 Tit. 14—THE ARMY-Ch. 6A. for such purpose, to assemble, at his discretion, in camp at such season of the year and for such period as he may designate, at such field of military maneuvers, such portions of the military forces of the United States as he may think best, to receive military instruc- tion there. The Secretary of War is further authorized to make and publish regulations governing the assembling of the National Guard or Militia of the several States upon the maneuvering grounds, and he may detail instructors from the Regular Army for such forces during their exercises. Act May 15, 1896, c. 182, & 2, 29 Stat. 121. ACT MARCH 3, 1897, c. 372. An Act to Prevent Trespassing upon and Providing for the Pro- tection of National Military Parks. (29. Stat. 621.) Destruction, etc., of monuments, etc., trees, etc. in parks. Be it enacted, &c., That every person who willfully destroys, muti- lates, defaces, injures, or removes any monument, statue, marker, guidepost, or other structure, or who willfully destroys, cuts, breaks, injures, or removes any tree, shrub, or plant within the limits of any national parks shall be deemed guilty of a misdemeanor, punish- able by a fine of not less than ten dollars nor more than one thou- sand dollars for each monument, statue, marker, guidepost, or other structure, tree, shrub, or plant destroyed, defaced, injured, cut, or , removed, or by imprisonment for not less than fifteen days and not more than one year, or by both fine and imprisonment Act March 3, 1897, c. 372, § 1, 29 Stat. 621. Trespassing for hunting, etc., in parks. Sec. 2. That every person who shall trespass upon any national parks for the purpose of hunting or shooting, or who shall hunt any kind of game thereon with gun or dog, or shall set trap or net or other device whatsoever thereon for the purpose of hunting or catching game of any kind, shall be guilty of a misdemeanor, pun- ishable by a fine of not more than one thousand dollars or by im- prisonment for not less than five days or more than thirty days, or by both fine and imprisonment. Act March 3, 1897, c. 372, $ 2, 29 Stat. 621. Arrest and prosecution of offenders. Sec. 3. That the superintendent or any guardian of such park is authorized to arrest forthwith any person engaged or who may have been engaged in committing any misdemeanor named in this Act, and shall bring such person before any United States commissioner or judge of any district or circuit court of the United States within either of the districts within which the park is situated, and in the district within which the misdemeanor has been committed, for the purpose of holding him to answer for such misdemeanor, and then and there shall make complaint in due form. Act March 3, 1897, c. 372, & 3, 29 Stat. 621. Tit. 14—THE ARMY977 - -Ch. 6A. Refusal to surrender land within parks. Sec. 4. That any person to whom land lying within any national parks may have been leased, who refuses to give up possession of the same to the United States after the termination of said lease, and after possession has been demanded for the United States by any park commissioner or the park superintendent, or any person retaining possession of land lying within the boundary of said park which he or she may have sold to the United States for park pur- poses and have received payment therefor, after possession of the same has been demanded for the United States by any park com- missioner or the park superintendent, shall be deemed guilty of tres- , pass, and the United States may maintain an action for the recovery of the possession of the premises so withheld in the courts of the United States, according to the statutes or code of practice of the State in which the park may be situated. Act March 3, 1897, c. 372, § 4, 29 Stat. 622. Extent of application of act. Sec. 5. This Act shall apply only to the military parks of the United States. Act March 3, 1897, c. 372, § 5, 29 Stat. 622. LAWS '01-62 TITLE XV. THE NAVY. Chap. 1. Organization .. 2. General provisions relating to officers.. 3. Retired officers [and men] of the Navy.... 4. Rank and precedence, promotion and advancement. 5. The Naval Academy..... 6. Vessels and navy-yards (and naval stations] 7. General provisions relating to the Navy... 8. Pay, emoluments, and allowances... 9. The Marine Corps.... 10. Articles for the government of the Navy. Sec. 1362 1428 1443 1466 1511 1529 1547 1556 1596 1624 Page 978 1015 1019 1029 1041 1051 1064 1066 1089 1100 CHAPTER ONE. Organization. Sec. Sec. 1362. Grades of line officers. 11. [Relates to retirement of officers.] Act March 2, 1899, c. 378. 12. [Relates to warrant officers.] Admiral. 13. [Relates to pay of officers, and 1363, 1364. [Superseded.] abolishes prize and bounty.] Act March 3, 1899, c. 413. 14, 15. [Relate to warrant machin- 1. Engineer Corps transferred to ists.] line. 16. [Relates to enlistment, and 2. Rank in line of engineer officers; amends Rev. St. $ 1573.] graduates of Naval Academy. 17. [Relates to retirement of enlisted 3. Rank in line of engineer officers; men.] graduates of Naval Academy; 18-24. [Relate to Marine Corps.] officers appointed from civil life. 25. [Relates to oath of allegiance.] 4. Duties of engineer officers trans- 26. Repeal. ferred to line; below rank of 1365. Selection of rear-admirals during commander. war. 5. Duties of engineer officers trans- 1366. Promotion of rear-admirals dur- ferred to line; rank of or above ing peace. commander. 1367. Secretaries to Admiral and Vice- 6. Duties of other engineer officers; Admiral. examinations. Act May 4, 1878, c. 91, $ 1. 7. Number on the active list of the Detail of officers as secretaries and line; rank, pay, etc. clerks. 8, 9. [Relate to retirement of offi- Act March 3, 1883, c. 97, § 1. cers.] Title of master changed to lieuten- 10. [Relates to naval constructors.] ant, and of midshipman to ensign. (978) Tit. 15— THE NAVY —Ch. 1. 979 Sec. Act June 26, 1884, c. 122. 1. Graduates of Naval Academy to be commissioned ensigns. 2. Grade of junior ensign abolished. 3. Repeal. Act March 3, 1901, c. 852. Appointment of warrant officers to vacancies in grade of ensign. 1368. [Superseded.] Act Aug. 5, 1882, c. 391, 1. Number on the active list of Medi- cal Corps, Pay Corps, and Engi- neer Corps. Act Feb. 13, 1897, c. 221. Appointment of passed assistant sur- geons. Act May 4, 1898, c. 234, § 1. Appointment of acting assistant sur- geons. Act March 3, 1899, c. 421. Number on the active list of passed assistant and assistant paymasters. Act June 7, 1900, c. 859. Number on the active list of sur- geons and of passed assistant and assistant surgeons; permanent commissions for temporary assist- ant surgeons. 1369. Appointments in [Medical Corps), how made. 1370. Appointment of assistant sur- geons. 1371. [Superseded.] 1372. Rank of assistant surgeons in case of delayed examination. 1373. Surgeon of the fleet. 1374. Duties of surgeon of the fleet. 1375. Details of medical officers to Bu- reau of Medicine and Surgery. 1376, 1377. [Superseded.] 1378. Appointments [in Pay Corps), ] how made. 1379. Qualifications of assistant pay- masters. Act July 3, 1894, c. 122. Limitation of age of assistant pay- masters not applicable to certain graduates of the Naval Academy. 1380. Order of promotion. 1381. Acting appointments on ships at sea. 1382. Paymaster of the fleet. 1383. Bonds. 1384. New bonds. Sec. 1385. Bond, not affected by new com- mission. 1386. Clerks, when allowed. 1387. Clerks, when not allowed. 1388. Clerks of passed assistant and as- sistant paymasters. 1389. Loans to officers by paymasters. 1390. [Superseded.] 1391, 1392. [Superseded.] 1393. Engineer of the fleet. Act Feb. 26, 1879, c. 105. Engineer officers as professors in scientific schools and colleges. 1394. [Superseded.] 1395. Chaplains, number and appoint- ment of. 1396. Qualifications of. 1397. Form of worship. 1398. Annual report. 1399. Professors of mathematics, num- ber of. 1400. Appointment. Act Jan. 20, 1881, c. 24. Examinations for appointment. 1401. Duties. 1402. Naval constructors, number and appointment of. 1403. Assistant naval constructors. Act March 3, 1899, c. 413, $ 10. Naval constructors and assistant naval constructors; rank, promo- tion, and number. 1404. Duty. 1405. Warrant officers, number and ap- pointment of. 1406. Title. Act March 3, 1899, c. 413, 88 12, 14, 15. 12. Chief warrant officers, rank, pay, etc. 14. Warrant machinists; appoint- ment; examinations. 15. Warrant machinists; pay, retire- ment, rank, etc. Act June 17, 1898, c. 463. 1. Hospital Corps; composition; ap- pointment, rank, etc., of phar- macists; enlisted force. 2. Duties of Hospital Corps; corps attached to Medical Department. 3. Pay of enlisted force of Hospital Corps. 4. Benefits to warrant officers and enlisted men, as to others in Navy. 5. Repeal. 980 (Sec. 1362 Tit. Navy . NAVY —Ch. 1. 15--THE Sec. Sec. 1407. Promotion of seamen to warrant 1421. Transfer from military to naval officers. service. Res. May 4, 1898, No. 30. Act March 3, 1893, c. 212. Rosette or knot and ribbon to holders Purchase of discharge by enlisted of medals. men. Act March 3, 1901, c. 850. 1422. Disposition of men at expiration Gratuity and medal to enlisted men. of term. 1408. Seamen may be rated as mates. 1423. Subject to regulations while sent 1409. Rating shall not discharge from home or detained. enlistment. 1424. Limit of detention. 1410. Petty officers. 1425. What to be contained in shipping 1411. Acting assistant surgeons. articles. Act Feb. 15, 1879, c. 83. 1426. Honorable discharge, to whom 1. [Temporary.] granted. 2. Acting assistant surgeons not to Act Feb. 7, 1890, c. 8. be appointed except in case of Certificates of discharge instead of war. lost or destroyed certificates. 1412. Volunteer officers transferred en- Res. June 11, 1896, No. 62. titled to credit for volunteer Honorable discharge; provisions ap- sea-service. plicable to all enlisted persons. 1413. Civil engineers and store-keepers 1427. Form of honorable discharge. at navy-yards. Act Aug. 14, 1888, c. 890. 1414. Store-keepers on foreign stations. 1. Removal from record of charge of 1415. Store-keeper's bond. desertion against men of Navy 1416. Civil officers at yards may be dis- or Marine Corps who served in continued by Secretary of the civil war; completion of term Navy. of service. 1417. Enlisted men, number of; [pref- 2. Removal from record of charge erence, in appointment of war- of desertion against men of Na- rant officers, of honorably dis- vy or Marine Corps who served charged apprentices, etc.) in civil war; return to duty or Act March 3, 1893, c. 212. death after desertion. Fraudulent enlistment punishable bv 3. Removal from record of charge court-martial. of desertion against men of Na- Enlisted men, limit of number of. vy or Marine Corps who served Act March 2, 1895, c. 186. in civil war; re-enlistment with- Additional seamen. out discharge from previous en- Act June 10, 1896, c. 399. listment. Additional seamen. 4. Certificate of discharge on remov- 1418. Term of enlistment. al of charge of desertion. Act March 3, 1899, c. 413, 8 16. 5. Effect of removal of charge of Term of enlistment four years. desertion on right to pay and 1419. Consent of parents and guardians. bounty; application for relief. 1420. Persons not to be enlisted. 6. Repeal. Act March 1, 1889, c. 331. Act May 24, 1900, c. 550. Apprentices; bounty, etc., on enlist- 1. Revival and re-enactment of act ment. to relieve from charge of deser- Act March 3, 1899, c. 413, 8 25. tion. Oath of allegiance. 2. Removal of limitation of time for application for relief. Sec. 1362. Grades of line officers. The active list of the line officers of the Navy of the United States shall be divided into eleven grades, as follows, namely: Secs. 1362-1364) 981 Tit. 15— THE NAVY - Ch. 1. First. Admiral. Second. Vice-Admiral. Third. Rear-admirals. Fourth. Commodores. Fifth. Captains. Sixth. Commanders. Seventh. Lieutenant-commanders. Eighth. Lieutenants. Ninth. Masters. Tenth. Ensigns. Eleventh. Midshipmen. Provided, That vacancies occurring in the grades of Admiral and Vice-Admiral shall not be filled by promotion, or in any other man- ner; and that when the offices of said grades shall become vacant, the grade itself shall cease to exist. Act July 16, 1862, c. 183, § 1, 12 Stat. 583. Act Dec. 21, 1864, c. 6, § 1, 13 Stat. 420. Act July 25, 1866, c. 231, § 1, 14 Stat. 222. Act March 2, 1867, c. 174, § 1, 14 Stat. 516. Act Jan. 24, 1873, c. 62, 17 Stat. 418. The grades of Admiral and Vice-Admiral having ceased to exist, pur- suant to the proviso annexed to this section, the appointment of an Ad- miral is again authorized by Act March 2, 1899, c. 378, re-enacted by Act March 3, 1899, c. 421, set forth below. The grade of commodore is omitted from the composition of the active list of the line of the Navy by Act March 3, 1899, c. 413, § 7, post, fol- lowing Rev. St. & 1364. The title of the grade of master was changed to that of lieutenant, and the title of the grade of midshipman to that of ensign, by Act March 3, 1883, c. 97, § 1, post, following Rev. St. $ 1367. The officers constituting the Engineer Corps are transferred to the line by Act March 3, 1899, c. 413, $$ 1-7, following Rev. St. $ 1364. ACT MARCH 2, 1899, c. 378. An Act Creating the Office of Admiral of the Navy. (30 Stat. 995.) ( Admiral. Be it enacted, &c., That the President is hereby authorized to ap- point, by selection and promotion, an Admiral of the Navy, who shall not be placed upon the retired list except upon his own application; and whenever such office shall be vacated by death or otherwise the office shall cease to exist. Act March 2, 1899, c. 378, 30 Stat. 995. Act March 3, 1899, c. 421, 30 Stat. 1045. The Admiral not being included in the composition of the active list of the Navy by Act March 3, 1899, c. 413, § 7, post, following Rev. St. $ 1364, this provision was re-enacted as part of Act March 3, 1899, c. 421, cited above. Secs. 1363, 1364. [Superseded. Act Aug. 5, 1882, c. 391, § 1. Act March 3, 1899, C. 413, $ 7.] Rev. St. $ 1363, prescribed the number of officers of the various grades in the active list of the line, with a provision that no promotion to the grade of lieutenant-commander should be made until the number of that 982 (Sec. 1364 Tit. 15— THE NAVY —Ch. 1. grade should be reduced below 80; and, by section 1364, this provision was not to affect the commission of any lieutenant-commander, lieutenant, master, or ensign appointed according to law in excess of the number therein fixed, nor to preclude the advancement of any officer to a higher grade under Rev. St. $$ 1506, 1508. Both these sections were superseded in part by the provisions of Act Aug. 5, 1882, c. 391, § 1, 22 Stat. 286, which restricted promotions in various grades until they should be re- duced to certain numbers less than those fixed by Rev. St. $ 1363; and they are wholly superseded by Act March 3, 1899, c. 413, § 7, set forth below. ACT MARCH 3, 1899, c. 413. An Act to Reorganize and Increase the Efficiency of the Personnel of the Navy and Marine Corps of the United States. (30 Stat. 1004.) Engineer Corps transferred to line. Be it enacted, &c., That the officers constituting the Engineer Corps of the Navy be, and are hereby, transferred to the line of the Navy, and shall be commissioned accordingly. Act March 3, 1899, c. 413, § 1, 30 Stat. 1001. The composition of the Engineer Corps was prescribed by Rev. St. $ 1390, and subsequent provisions referred to under that section. Rank in line of engineer officers; graduates of Naval Academy. Sec. 2. That engineer officers holding the relative rank of captain, commander, and lieutenant-commander shall take rank in the line of the Navy according to the dates at which they attained such relative rank. Engineer officers graduated from the Naval Academy from eighteen hundred and sixty-eight to eighteen hundred and seventy-six, both years inclusive, shall take rank in the line next after officers in the line who graduated from the Naval Academy in the same year with them: Provided, That when the date of a line officer's com- mission as captain, commander, or lieutenant-commander and the date when the engineer officer attained the same relative rank of cap- tain, commander, or lieutenant-commander are the same, the engineer officer shall take rank after such line officer. Act March 3, 1899, c. 413, $ 2, 30 Stat. 1005. Rank in line of engineer officers; graduates of Naval Academy; off- cers appointed from civil life. Sec. 3. That engineer officers who completed their Naval Academy course of four years from eighteen hundred and seventy-eight to eighteen hundred and eighty, both inclusive, shall take rank in the line as determined by the Academic Board under the Department's instructions of December first, eighteen hundred and ninety-seven; and engineer officers who completed their Naval Academy course of four years in eighteen hundred and eighty-one and eighteen hundred and eighty-two shall take rank in the line as determined by the merit roll of graduating classes at the conclusion of the six years' course, June, eighteen hundred and eighty-three and eighteen hundred and eighty-four: Provided, That those engineer officers who were ap- pointed from civil life, and whose status is not fixed by section two of this Act, shall take rank with other line officers according to the Sec. 1364) 983 Tit. 15—THE NAVY —Ch. dates of their first commissions, respectively: And provided further, That the engineer officers who completed their Naval Academy course of four years in eighteen hundred and eighty-one and eighteen hun- dred and eighty-two shall retain among themselves the same relative standing as shown on the Navy Register at the date of the passage of this Act. Act March 3, 1899, c. 413, § 3, 30 Stat. 1005. Duties of engineer officers transferred to line; below rank of com- mander. Sec. 4. That engineer officers transferred to the line who are below the rank of commander, and extending down to, but not including, the first engineer who entered the Naval Academy as cadet midship- man, shall perform sea or shore duty, and such duty shall be such as is performed by engineers in the Navy: Provided, That any officer described in this section may, upon his own application, made within six months after the passage of this Act, be assigned to the general duties of the line, if he pass the examination now provided by law as preliminary to promotion to the grade he then holds, failure to pass not to displace such officer from the list of officers for sea or shore duty such as is performed by engineers in the Navy. Act March 3, 1899, c. 4.13, 84, 30 Stat. 1005. Duties of engineer officers transferred to line; rank of or above com- mander. Sec. 5. That engineer officers transferred to the line to perform engineer duty only who rank as, or above, commander, or who sub- sequently attain such rank, shall perform shore duty only. Act March 3, 1899, c. 413, § 5, 30 Stat. 1005. Duties of other engineer officers; examinations. Sec. 6. That all engineer officers not provided for in sections four and five transferred to the line shall perform the duties now performed by line officers of the same grade: Provided, That after a period of two years subsequent to the passage of this Act they shall be required to pass the examinations now provided by law as preliminary to pro- motion to the grade they then hold, and subject to existing law gov- erning examinations for promotion. Act March 3, 1899, c. 413, $ 6, 30 Stat. 1005. The examinations for promotion referred to in this section are provid- ed for by Rev. St. $$ 1493–1505, and subsequent statutes set forth or re- ferred to under those sections. Number on the active list of the line; rank, pay, etc. Sec. 7. That the active list of the line of the Navy, as constituted by section one of this Act, shall be composed of eighteen rear-admirals, seventy captains, one hundred and twelve commanders, one hundred and seventy lieutenant-commanders, three hundred lieutenants, and not more than a total of three hundred and fifty lieutenants (junior grade) and ensigns: Provided, That each rear-admiral embraced in the nine lower numbers of that grade shall receive the same pay and allowance as are now allowed a brigadier-general in the Army. Offi- cers, after performing three years' service in the grade of ensign, 984 (Sec. 1364 Tit. 15— THE Navy-Ch. 1. shall, after passing the examinations now required by law, be eli- gible to promotion to the grade of lieutenant (junior grade): Pro- vided, That when the office of chief of bureau is filled by an officer below the rank of rear-admiral, said officer shall, while holding said office, have the rank of rear-admiral and receive the same pay and allowance as are now allowed a brigadier-general in the Army: And provided further, That nothing contained in this section shall be construed to prevent the retirement of officers who now have the rank or relative rank of commodore with the rank and pay of that grade: And provided further, That all sections of the Revised Stat- utes which, in defining the rank of officers or positions in the Navy, contain the words “the relative rank of” are hereby amended so as to read "the rank of,” but officers whose rank is so defined shall not be entitled, in virtue of their rank to command in the line or in other staff corps. Neither shall this Act be construed as changing the titles of officers in the staff corps of the Navy. No appointments shall be made of civil engineers in the Navy on the active list under section fourteen hundred and thirteen of the Revised Statutes in excess of the present number, twenty-one. Act March 3, 1899, c. 413, $ 7, 30 Stat. 1005. This section supersedes the provisions of Rev. St. $8 1363, 1364, and of Act Aug. 5, 1882, c. 391, § 1, 22 Stat. 286, which prescribed the numbers of officers of the various grades on the active list of the line. See note under Rev. St. $$ 1363, 1364. The examinations referred to in this section are provided for by Rev. St. $$ 1493–1505, and subsequent statutes set forth or referred to under those sections. Provisions for the appointment of chiefs of bureaus in the Navy De- partment from the officers of the Navy, as mentioned in the second pro- viso of this section, are contained in Rev. St. 88 421-426, 1375. The further proviso relating to retirement of commodores has in view the omission from the active list of the line in this section the grade of commodore, which was included in the previous provisions of Rev. St. § 1363, and Act Aug. 5, 1882, c. 391, § 1, 22 Stat. 286. Provisions defining the rank of officers, etc., referred to and amended by the last proviso in this section, are contained in chapter 4 of this Title. Titles of officers in the staff corps, also referred to in this section, are prescribed by Rev. St. $ 1471. Secs. 8, 9. [Relate to retirement of officers.] These sections, providing for the retirement, voluntary and involun- tary, of officers of the Navy, are set forth post, under chapter 3 of this Title. Sec. 10. [Relates to naval constructors.] This section, prescribing the rank, pay, and number of naval construct- ors and assistant naval constructors, is set forth post, following Rev. St. $ 1403. Sec. II. (Relates to retirement of officers.] This section, providing for increased rank and pay, on retirement, to of- ficers who served during the Civil War, is set forth under chapter 3 of this Title. Sec. 12. [Relates to warrant officers.] This section, providing for commissioning chief warrant officers, and for their pay, etc., is set forth post, following Rev. St. § 1406. Secs. 1364-1366) 985 Tit. 15—THE NAVY -Ch. 1. Sec. 13. [Relates to pay of officers, and abolishes prize and bounty.] This section, prescribing the pay and allowances of officers of the line and certain staff corps, etc., and repealing all provisions for distribution of prize money or for payment of bounty, is set forth post, under chapter 8 of this Title. Secs. 14, 15. [Relate to warrant machinists.] These sections, authorizing the appointment of warrant machinists, and prescribing their rank, pay, etc., are set forth post, following Rev. St. $ 1406. Sec. 16. [Relates to enlistment, and amends Rev. St. § 1573.) Part of this section, prescribing the term of enlistment, is set forth post, under Rev. St. $ 1418. The remaining portion, amending Rev. St. § 1573, which relates to pay on re-enlistment, is incorporated in that sec- tion. Sec. 17. [Relates to retirement of enlisted men.] This section, providing for the retirement of enlisted men or appointed petty officers, is set forth post, at end of chapter 3 of this Title. Secs. 18–24. [Relate to Marine Corps.] These sections, relating to the composition of the line, staff, enlisted force, and band of the Marine Corps, are set forth post, under chapter 9 of this Title. Sec. 25. [Relates to oath of allegiance.] This section, providing for the administration of the oath of allegiance to the officers and men of the Navy and Marine Corps, is set forth post, following Rev. St. $ 1420. Repeal. Sec. 26. That all acts and parts of acts, so far as they conflict with the provisions of this Act, are hereby repealed. Act March 3, 1899, c. 413, $ 26, 30 Stat. 1009. Sec. 1365. Selection of rear-admirals during war. During war rear-admirals shall be selected from those officers on the active list, not below the grade of commanders, who shall have eminently distinguished themselves by courage, skill, and genius in their profession; but no officer shall be so promoted, under this provision, unless, upon recommendation of the President by name, he has received the thanks of Congress for distinguished service. Act July 16, 1862, c. 183, $ 7, 12 Stat. 584. Sec. 1366. Promotion of rear-admirals during peace. During peace, vacancies in the grade of rear-admiral shall be filled by regular promotion from the list of commodores, subject to examination according to law. Act July 16, 1862, c. 183, § 7, 12 Stat. 584. The grade of commodore is omitted from the composition of the active list of the line, by Act March 3, 1899, c. 413, $ 7, ante, following Rev. St. § 1364. 986 (Sec. 1367 Tit. 15— THE NAVY_Ch. 1. Sec. 1367. Secretaries to Admiral and Vice-Admiral. The Admiral and Vice-Admiral shall each be allowed a secretary, who shall be entitled to the rank and allowances of a lieutenant in the Navy. Act Dec. 21, 1864, c. 6, $ 2, 13 Stat. 420. Act May 16, 1866, c. 84, 14 Stat. 48. Act July 25, 1866, c. 231, § 6, 14 Stat. 223. Act March 2, 1867, c. 174, § 1, 14 Stat. 516. The grades of Admiral and Vice-Admiral, authorized by Rev. St. S 1362, ceased to exist, pursuant to the proviso annexed to that section; but the appointment of an Admiral is again authorized by Act March 2, 1899, c. 378, ante, following Rev. St. § 1362, and the provision of this section may be regarded as applicable to the office under that act. Provisions for detail of an officer to perform the duties of secretary to the Admiral are contained in Act May 4, 1878, c. 91, 1, set forth be- low. ACT MAY 4, 1878, c. 91, § 1, Detail of officers as secretaries and clerks. That on and after the first day of July, eighteen hundred and seventy-eight, there shall be no appointments made from civil life of secretaries or clerks to the Admiral, or Vice-Admiral, when on sea service, commanders of squadrons, or of clerks to commanders of vessels; and an officer not above the grade of lieutenant shall be detailed to perform the duties of secretary to the Admiral or Vice- Admiral, when on sea service, and one not above the grade of master to perform the duties of clerk to a rear-admiral or commander, and one not above the grade of ensign to perform the duties of clerk to a captain, commander, or lieutenant-commander when afloat: Act May 4, 1878, c. 91, § 1, 20 Stat. 50. This is a provision of the naval appropriation act for the fiscal year ending June 30, 1879, cited above. * * ACT MARCH 3, 1883, c. 97, 8 1. Title of master changed to lieutenant, and of midshipman to ensign. For the pay of * masters, the title of which grade is hereby changed to that of lieutenants, and the masters now on the list shall constitute a junior grade of, and be commissioned as, lieu- tenants, having the same rank and pay as now provided by law for masters, but promotion to and from said grade shall be by examina- tion as provided by law for promotion to and from the grade of mas- ter, and nothing herein contained shall be so construed as to increase the pay now allowed by law to any officer in the line or staff; * ninety-one midshipmen, the title of which grade is hereby changed to that of ensign, and the midshipman now on the list shall constitute a junior grade of, and be commissioned as, ensigns, having the same rank and pay as now provided by law for midshipmen, but promo- tions to and from said grade shall be under the same regulations and requirements as now provided by law for promotion to and from the grade of midshipmen, and nothing herein contained shall be so con- * Sec. 1367) 987 Tit. 15—THE NAVY-Ch. 1. strued as to increase the pay now allowed by law to any officer of said grade or of any officer of relative rank; * Act. March 3, 1883, c. 97, § 1, 22 Stat. 472. These are provisions of the naval appropriation act for the year ending June 30, 1884, cited above. The grade of junior ensign is abolished by Act June 26, 1884, c. 122, set forth below. ACT JUNE 26, 1884, c. 122, SS 1-3. An Act to Equalize the Rank of Graduates of the Naval Academy upon their Assignment to the Various Corps. (23 Stat. 6o.) Graduates of Naval Academy to be commissioned ensigns. Be it enacted, &c., That from and after the passage of this act all graduates of the Naval Academy who are assigned to the line of the Navy, on the successful completion of the six years course, shall be commissioned ensigns in the Navy. Act June 26, 1884, c. 122, § 1, 23 Stat. 60. Appointments are to be made from the final graduates of the Naval Academy, to fill vacancies in the lowest grades of commissioned officers, by Act March 2, 1889, c. 396, § 1, post, following Rev. St. § 1521. The officers constituting the Engineer Corps are transferred to the line by Act March 3, 1899, c. 413, $8 1-7, ante, following Rev. St. § 1364. Appointments from civil life, in case of exigency within the next 12 months, of officers not above the rank of commander, to serve only dur- ing the continuance of the exigency in the existing war, were authorized by Act May 4, 1898, c. 234, 30 Stat. 369; and pay for their services be- fore they received their commissions was authorized by Act March 3, 1899, c. 421, 30 Stat. 1025. These provisions are omitted as temporary merely. Rev. St. $ 1218, provided that no person who had served in the mili. tary, naval, or civil service of the Confederate States or of either of the States in insurrection during the rebellion should be appointed to any position in the Army or Navy. It was amended by Act May 13, 1884, c. 46, 23 Stat. 21, so as to apply only to persons so serving who had held coinmissions in the Army or Navy of the United States at the beginning of the rebellion; but it is expressly repealed by Act March 31, 1896, c. 84, 29 Stat. 84. Grade of junior ensign abolished. Sec. 2. That the grade of junior ensign in the Navy is hereby abo! ished and the junior ensigns now on the list shall be commissioned ensigns in the Navy: Provided, That nothing in this act shall be so construed as to increase the number of officers in the Navy now al- lowed by law. Act June 26, 1884, c. 122, $ 2, 23 Stat. 60. Repeal. Sec. 3. That all acts and parts of acts inconsistent with the provi- sions of this act be and the same are hereby repealed Act June 26, 1884, c. 122, $ 3, 23 Stat. 60. ACT MARCH 3, 1901, c. 852. Appointment of warrant officers to vacancies in grade of ensign. Whenever, in view of the vacancies in the grade of ensign on July thirtieth of any year unfilled by graduates of the Naval Academy, 988 (Secs. 1367-1368 Tit. 15—THE NAVY-Ch. 1. the Secretary of the Navy shall so recommend, the President may appoint to that grade, as of July thirtieth, from among the boat- swains, gunners, or warrant machinists, not exceeding six in any one calendar year. No person shall be so appointed who is over thirty- five years of age; who has served less than six years as a warrant officer; who is not recommended by a commanding officer under whom he has served; nor until he shall have passed such competitive examination as may be prescribed by the Navy Department. Act March 3, 1901, c. 852, 31 Stat. 1129. Provisions for appointment of graduates of the Naval Academy to va- cancies in the Navy are contained in Aet March 2, 1889, c. 396, § 1, and later statutes, post, following Rev. St. § 1521. The appointment of warrant officers is provided for by Rev. St. $$ 1405, 1406, and subsequent provisions set forth or referred to under those sec- tions. Provisions that boatswains, gunners, carpenters, and sailmakers, after ten years from date of warrant, shall be commissioned chief boatswains, chief gunners, chief carpenters, and chief sailmakers, to rank with, but after, ensigns, are contained in Act March 3, 1899, c. 413, $ 12, post, fol- lowing Rev. St. $ 1406. Sec. 1368. [Superseded. Act Aug. 5, 1882, c. 391, § 1. Act Tune 7, 1900, c. 859.] This section prescribed the composition of the active list of the Medical Corps. It is superseded by the provisions of Act Aug. 5, 1882, c. 391, $ 1, set forth below, which fix the same numbers of the several grades, ex- cept that, instead of 100 assistant surgeons, they provide for 90 assistant and passed assistant surgeons, and of Act June 7, 1900, c. 859, also set forth below, which increases the active list of surgeons to 55, and of pass- ed assistant and assistant surgeons to 110. The organization of the Hospital Corps, attached to the Medical De- partment, is provided for by Act June 17, 1898, c. 463, post, following Rev. St. $ 1406. ACT AUG. 5, 1882, c. 391, § 1. Number on the active list of Medical Corps, Pay Corps, and En- gineer Corps. That the active list of the medical corps of the Navy shall here- after consist of fifteen medical directors, fifteen medical inspectors, fifty surgeons, and ninety assistant and passed assistant surgeons. That the active-list of the pay corps of the Navy shall hereafter consist of thirteen pay-directors, thirteen pay-inspectors, forty pay- masters, twenty passed assistant paymasters, and ten assistant pay- masters. That the active-list of the engineer corps of the Navy shal! here- after consist of ten chief engineers with the relative rank of captain, fifteen chief engineers with the relative rank of commander, forty- five chief engineers with the relative rank of lieutenant-commander or lieutenant, sixty passed assistant engineers, and forty assistant engineers, with the relative rank for each as now fixed by law; and after the number of officers in the said grades shall be reduced as above provided, the number in each grade shall not exceed the re- Sec. 1368) 989 Tit. 15—THE NAVY —Ch. 1. duced number which is fixed by the provisions of this act for the several grades. That no officer now in the service shall be reduced in rank or deprived of his commission by reason of any provision of this act reducing the number of officers in the several staff corps: * Act Aug. 5, 1882, c. 391, § 1, 22 Stat. 285. These are provisions of the naval appropriation act for the year ending June 30, 1883, cited above. The first paragraph, relating to the Medical Corps, supersedes Rev. St. $ 1368. The number of passed assistant and assistant surgeons fixed thereby is increased by Act Feb. 13, 1897, c. 221, and Act June 7, 1900, c. 859, set forth below. The second paragraph, relating to the Pay Corps, supersedes Rev. St. $ 1376. The numbers of passed assistant and assistant paymasters fixed thereby are increased by Act March 3, 1899, c. 421, set forth below. The third paragraph, relating to the Engineer Corps, supersedes Rev. St. § 1390. Provisions for appointments to fill vacancies in the lowest grades of commissioned officers of the Corps, from the final graduates of the engineer division of the Naval Academy, not less than two annually, are contained in Act March 2, 1889, c. 396, 1, post, under Rev. St. $ 1521; and a further provision of that act, of a temporary nature merely, authorized the appointment of five assistant engineers from the gradu- ates of the Naval Academy, of the class which finished its six years' course in June, 1886, and enlarged the Engineer Corps for the purpose of these additional appointments. And by Act Dec. 16, 1892, c. 1, 27 Stat. 405, the reduction in the numbers of the Engineer Corps provided for in this act is to be considered as having ceased on June 30, 1891. But the provisions of the third paragraph of this section, and of later statutes mentioned above in connection therewith, are to a great extent superseded by Act March 3, 1899, c. 413, $8 1-7, ante, following Rev. St. § 1364, which transfers the officers of the Engineer Corps to the line, prescribes their rank in the line and their duties, and fixes the numbers of the several grades of the active list of the line as so constituted A further provision of this act, that, as vacancies should occur in any of the grades of the Medical, Pay, and Engineer Corps, no promotion should be made to fill them, until the number in said grades should be reduced below the number fixed by this act, was superseded by a provision of Act March 3, 1883, c. 97, 22 Stat. 472, that only one-half such vacancies should be filled by promotion until such grades should be reduced to the numbers fixed by this act. And as already stated, the reduction in the numbers of the grades of the Engineer Corps provided for by this act is to be considered as having ceased on June 30, 1891, by Act Dec. 16, 1892, c. 1, 27 Stat. 405. But these provisions are omitted as temporary merely. ACT FEB. 13, 1897, c. 221. An Act to Commission Passed Assistant Surgeons in the United States Navy, and to Provide for their Examination Preliminary to their Promotion to the Grade of Surgeon. (29 Stat. 526.) Appointment of passed assistant surgeons. Be it enacted, &c., That passed assistant surgeons now borne upon the Navy Register shall be commissioned as such by the President, such commissions to bear the dates upon which said passed assistant surgeons, respectively, received their appointments as such; and hereafter assistant surgeons shall be regularly promoted and commis- sioned as passed assistant surgeons, and passed assistant surgeons as surgeons, subject to such examinations as may be prescribed by 990 (Secs. 1368-1369 Tit. 15— THE NAVY-Ch. 1. the Secretary of the Navy: Provided, however, That no examination of passed assistant surgeons shall be ordered until the expiration of six months from the passage of this Act, during which time promo- tions shall be made as now provided by law. Act Feb. 13, 1897, c. 221, 29 Stat. 526. This act supersedes previous provisions contained in Rev. St. § 1371, for the appointment of surgeons from the assistant surgeons. The number of passed assistant and assistant surgeons is fixed at 110 by a provision of Act June 7, 1900, c. 859, set forth below. ACT MAY 4, 1898, c. 234, § 1. Appointment of acting assistant surgeons. The President is hereby authorized to appoint for temporary serv- ice twenty-five acting assistant surgeons, who shall have the relative rank and compensation of assistant surgeons. Act May 4, 1898, c. 234, § 1, 30 Stat. 380. Permanent commissions for assistant surgeons under the age of fifty years appointed for temporary service are authorized by a provision of Act June 7, 1900, c. 859, set forth below. ACT MARCH 3, 1899, c. 421. Number on the active list of passed assistant and assistant paymasters. The active list of passed assistant and assistant paymasters of the Pay Corps shall hereafter consist of thirty and forty, respectively: Provided, That when such appointments of assistant paymasters are made from among those who served honorably as such in the late war with Spain the age limit may be increased to forty-five years. Act March 3, 1889, c. 421, 30 Stat. 1038. The numbers prescribed by this provision supersede those fixed by the provision of Act Aug. 5, 1882, c. 391, set forth above. ACT JUNE 7, 1900, c. 859. Number on the active list of surgeons and of passed assistant and as- sistant surgeons; permanent commissions for temporary assistant surgeons. The active list of surgeons shall hereafter consist of fifty-five, and that of passed assistant and assistant surgeons of one hundred and ten. Assistant surgeons shall rank with assistant surgeons in the Army: Provided, That the assistant surgeons under the age of fifty years appointed for temporary service during the war with Spain, having creditable records, who are now in the Navy may be given permanent commissions. Act June 7, 1900, c. 859, 31 Stat. 697. The numbers prescribed by this provision supersede those fixed by Act Aug. 5, 1882, c. 391, § 1, set forth above. Sec. 1369. Appointments in [Medical Corps), how made. All appointments in the Medical Corps shall be made by the Presi- dent, by and with the advice and consent of the Senate. Act April 21, 1806, c. 35, $ 3, 2 Stat. 390. Act April 16, 1814, c. 58, 8 5, 3 Stat. 125. Act May 24, 1828, c. 121, $ 3, 4 Stat. 313. Secs. 1370-1374) 991 Tit. 15— THE NAVY_Ch. 1. Sec. 1370. [As amended 1898.] Appointment of assistant surgeons. No person shall be appointed assistant surgeon until he has been examined and approved by a board of naval surgeons, designated by the Secretary of the Navy, nor who is under twenty-one or over thirty years of age, inclusive. Act May 24, 1828, c. 121, § 1, 4 Stat. 313. Act March 3, 1871, c. 117, § 5, 16 Stat. 536. Act May 4, 1898, c. 234, 30 Stat. 380. The amendment of this section by Act May 4, 1898, c. 234, cited above, consists in making the maximum limit of age 30 years, instead of 26 years, and the addition of the word "inclusive" at the end of the section. Provisions for promotion of assistant surgeons to the grade of passed assistant surgeons, and for examination therefor, are contained in Act Feb. 13, 1897, c. 221, ante, following Rev. St. § 1368. Provisions for additional appointments of assistant surgeons are con- tained in a further provision of this act, and in a provision of Act June 7, 1900, c. 859, ante, following Rev. St. § 1368. Sec. 1371. [Superseded. Act Feb. 13, 1897, C. 221.] This section provided that no person should be appointed surgeon until he had served as assistant surgeon at least two years on a public vessel of the United States at sea, nor until he had been examined and appror- ed by a board of naval engineers designated by the Secretary of the Navy. It is superseded by the provisions of Act Feb. 13, 1897, c. 221, ante, following Rev. St. § 1368, for the promotion of passed assistant surgeons as surgeons, subject to examination. Sec. 1372. Rank of assistant surgeons in case of delayed examination. When any assistant surgeon was absent from the United States, on duty, at the time when others of his date were examined, he shall, if not rejected at a subsequent examination, be entitled to the same rank with them; and if, from any cause, his relative rank cannot be assigned to him, he shall retain his original position on the reg- ister. Act March 3, 1835, c. 27, § 1, 4 Stat. 757. Sec. 1373. Surgeon of the fleet. The President may designate among the surgeons in the service, and appoint to every fleet or squadron an experienced and intelligent surgeon, who shall be denominated "surgeon of the fleet," and shall be surgeon of the flag-ship. Act May 24, 1828, c. 121, § 2, 4 Stat. 313. Sec. 1374. Duties of surgeon of the fleet. The surgeon of the fleet shall, in addition to his duties as surgeon of the flag-ship, examine and approve all requisitions for medical and hospital stores for the squadron or fleet, and inspect their qual- 992 (Secs. 1375–1379 Tit. 15— THE NAVY--Ch. 1. ity. He shall, in difficult cases, consult with the surgeons of the several ships, and he shall make, and transmit to the Navy Depart- ment, records of the character and treatment of diseases in the squadron or fleet. Act May 24, 1828, c. 121, § 2, 4 Stat. 313. Sec. 1375. [As amended 1877.] Details of medical officers to Bureau of Medicine and Surgery. A surgeon, assistant surgeon, or passed assistant surgeon, may be detailed as assistant to the Bureau of Medicine and Surgery, who shall receive the highest shore pay of his grade. Act July 16, 1862, c. 183, $ 18, 12 Stat. 587. Act Feb. 27, 1877, c. 69, 19 Stat. 244. The amendment of this section by Act Feb. 27, 1877, c. 69, cited above, consists in the addition, at the end of the section, of the words "who shall receive the highest shore pay of his grade." The Bureau of Medicine and Surgery in the Navy Department is pro- vided for by Rev. St. $$ 419, 426. Secs. 1376, 1377. [Superseded. Act Aug. 5, 1882, c. 391, § 1; Act March 3, 1899, C. 421.] These sections prescribed the composition of the active list of the Pay Corps, and restricted promotions and appointments in the lower grades until the number of passed assistant paymasters should be reduced below the number prescribed. They are superseded by the provisions of Act Aug. 5, 1882, c. 391, § 1, and of Act March 3, 1899, c. 421, ante, follow- ing Rev. St. $ 1368, which fix the numbers of the several grades. Sec. 1378. Appointments [i: Pay Corps], how made. All appointments in the Pay Corps shall be made by the President, by and with the advice and consent of the Senate. Act March 30, 1812, c. 47, § 6, 2 Stat. 699. Act June 22, 1860, c. 181, § 3, 12 Stat. 83. Act July 17, 1861, c. 4, § 1, 12 Stat. 258. Act May 3, 1866, c. 72, § 1, 14 Stat. 43. Sec. 1379. Qualifications of assistant paymasters. No person shall be appointed assistant paymaster who is, at the time of such appointment, less than twenty-one or more than twenty- six years of age; nor until his physical, mental, and moral qualifica- tions have been examined and approved by a board of paymasters appointed by the Secretary of the Navy, and according to such reg- ulations as he may prescribe. Act July 17, 1861, c. 4, § 2, 12 Stat. 258. The limitation as to age contained in this section was not to apply to certain graduates of the Naval Academy, by an amendment of this sec- tion by Act July 3, 1894, c. 122, set forth below. Secs. 1379–1382) 993 Tit. 15— THE NAVY-Ch. 1. ACT JULY 3, 1894, c. 122. An Act to Amend Section Thirteen Hundred and Seventy-nine, Chapter One, Title Fifteen, Revised Statutes of the United States, in Relation to Appointments of Assistant Paymasters in the Navy. (28 Stat. 99.) Limitation of age of assistant paymasters not applicable to certain graduates of the Naval Academy. Be it enacted, &c., That the limitation as to age contained in sec- tion thirteen hundred and seventy-nine of the Revised Statutes of the United States, relating to appointment of assistant paymasters in the United States Navy to fill vacancies that may now or here- after exist in said grade, shall not apply to such of the graduates of the Naval Academy as were at sea upon duty at the time of the passage and approval of the Act of Congress approved August fifth, eighteen hundred and eighty-two, who were discharged thereunder at the end of their two years' cruise, after passing successfully all the examinations required of them: And provided further, That this amendment shall not be construed as giving any preference in said appointment of assistant paymasters to said graduates except as to waiving the limitation of age. Act July 3, 1894, c. 122. 28 Stat. 99. The provision of Act Aug. 5, 1882, c. 391, § 1, referred to in this act, which prescribed the numbers of the several grades on the active list of the pay corps, are set forth ante, following Rer. St. $ 1368. Sec. 1380. Order of promotion. Passed assistant paymasters shall be regularly promoted and com- missioned from assistant paymasters, and paymasters from passed assistant paymasters; subject to such examinations as may be pre- scribed by the Secretary of the Navy. Act July 17, 1861, c. 4, § 5, 12 Stat. 258. Act May 3, 1866, c. 72, $ 1, 14 Stat. 43. Sec. 1381. Acting appointments on ships at sea. When the office of paymaster or assistant paymaster becomes vacant, by death or otherwise, in ships at sea, or on foreign stations, or on the Pacific coast of the United States, the senior officer pres ent may make an acting appointment of any fit person, who shall perform the duties thereof until another paymaster or assistant pay- master shall report for duty, and shall be entitled to receive the pay of such grade while so acting. Act July 17, 1861, c. 4, § 4, 12 Stat. 258. Sec. 1382. Paymaster of the fleet. The President may designate among the paymasters in the serv- LAWS '01-63 994 (Secs. 1383–1387 Tit. 15— THE NAVY_Ch. 1. ice, and appoint to every fleet or squadron a paymaster, who shall be denominated "paymaster of the fleet." Act May 24, 1828, c. 121, § 2, 4 Stat. 313. Act April 21, 1864, c. 63, § 7, 13 Stat. 54. Sec. 1383. Bonds. Every paymaster, passed assistant paymaster, and assistant pay- master shall, before entering on the duties of his office, give bond, with two or more sufficient sureties, to be approved by the Secretary of the Navy, for the faithful performance thereof. Paymasters shall give bonds in the sum of twenty-five thousand dollars, passed assist- ant paymasters in the sum of fifteen thousand dollars, and assistant paymasters in the sum of ten thousand dollars. Act March 30, 1812, c. 47, $ 6, 2 Stat 699. Act March 1, 1817, c. 24, 6 § 1, 3 Stat. 350. Act June 22, 1860, c. 181, $ 3, 12 Stat. 83. Act July 17, 1861, c. 4, § 5, 12 Stat. 258. Act July 14, 1862, c. 175, § 1, 12 Stat. 575. Act May 3, 1866, c. 72, § 2, 14 Stat. 43. Sec. 1384. New bonds. Officers of the Pay Corps shall give new bonds with sufficient sureties, whenever required to do so by the Secretary of the Navy. Act Aug. 26, 1842, c. 206, $ 4, 5 Stat. 535. Sec. 1385. Bond, not affected by new commission. The issuing of a new appointment and commission to any officer of the Pay Corps shall not affect or annul any existing bond, but the same shall remain in force, and apply to such new appointment and commission. Act March 3, 1871, c. 117, § 6, 16 Stat. 536. Sec. 1386. Clerks, when allowed. Paymasters of the fleet, paymasters on vessels having comple- ments of more than one hundred and seventy-five persons, on sup- ply-steamers, store-vessels, and receiving-ships, paymasters at sta- tions and at the Naval Academy, and paymasters detailed at stations as inspectors of provisions and clothing, shall each be allowed a clerk. Act July 14, 1862, c. 164, $ 3, 12 Stat. 565. Act May 26, 1854, c. 96. 13 Stat. 92. Sec. 1387. Clerks, when not allowed. No paymaster shall be allowed a clerk in a vessel having the com- Secs. 1388-1392) 995 Tit. 15— THE NAVY —Ch. 1. plement of one hundred and seventy-five persons or less, excepting in supply-steamers and store-vessels. Act May 26, 1864, c. 96, 13 Stat. 92. Sec. 1388. Clerks of passed assistant and assistant paymasters. Passed assistant paymasters and assistant paymasters attached to vessels of war shall be allowed clerks, if clerks would be allowed by law to paymasters so attached. Act March 3, 1863, c. 118, § 5, 12 Stat. 818. Sec. 1389. Loans to officers by paymasters. It shall not be lawful for any paymaster, passed assistant pay- master, or assistant paymaster, to advance or loan, under any pre- tense whatever, to any officer in the naval service, any sum of money, public or private, or any credit, or any article or commodity what- ever. Act Aug. 26, 1842, c. 206, $ 6, 5 Stat. 536. Act June 22, 1860, c. 181, $ 3, 12 Stat. 83. Sec. 1390. [Superseded. Act Aug. 5, 1882, c. 391, § 1; Act March 3, 1899, C. 413, SS 1-7.] This section prescribed the composition of the active list of the Engi- neer Corps, as consisting of chief engineers divided into three grades, first assistant engineers, and second assistant engineers, and the relative rank of each. The title first assistant engineer was changed to passed assist- ant engineer, and that of second assistant engineer to assistant engineer, by Act Feb. 24, 1874, c. 35, § 1, 18 Stat. 17. These provisions were superseded by those of Act Aug. 5, 1882, c. 381, § 1, which fixed the numbers of the several grades, and the relative rank of each, reduced the numbers of passed assistant and assistant engineers, and provided that no promotions to fill vacancies in any grade should be made until the number in such grade should be reduced to the number fixed by that act; and by a provision of Act March 3, 1883, c. 97, 22 Stat. 472, only one-half such vacancies were to be filled. And by Act Dec. 16, 1892, c. 1, 27 Stat. 405, the reduction in the numbers of the Engineer Corps pro- vided for in Act Aug. 5, 1882, c. 391, § 1, is to be considered to have ceased on June 30, 1891. But the officers constituting the Engineer Corps are transferred to the line, and their rank in the line and their duties are prescribed, by Act March 3, 1899, c. 413, $8 1-7, ante, following Rev. St. § 1364. Secs. 1391, 1392. [Superseded. Act Aug. 5, 1882, c. 391, § 1; Act March 2, 1889, c. 396, § 1.] Rev. St. § 1391, provided that engineers should be appointed by the President, by and with the advice and consent of the Senate; and Rev. St. § 1392, prescribed the requirements for appointment or promotion in the Engineer Corps. Both these sections, and Rev. St. $ 1394, which 996 (Secs. 1393-1394 Tit. 15— THE NAVY-Ch. 1. provided for the appointment, in like manner, as second assistant engi- neers, of cadet engineers, graduates of the Naval Academy, are super- seded by the provisions of Act Aug. 5, 1882, c. 391, § 1, and Act March 2, 1889, c. 396, § 1, post, under Rev. St. § 1521, for the appointment of grad- uates of the Naval Academy to fill vacancies in the Engineer Corps of the Navy, and by the transfer of the officers of the Engineer Corps to the line by Act March 3, 1899, c. 413, $8 1-7, ante, following Rev. St. $ 1364. Sec. 1393. Engineer of the fleet. The President may designate among the chief engineers in the service, and appoint to every fleet or squadron, an engineer, who shall be denominated "engineer of the fleet.' Act April 21, 1864, c. 63, § 7, 13 Stat. 54. Provisions for the detail of officers of the Engineer Corps as professors in scientific schools and colleges are contained in Act Feb. 26, 1879, c. 105, set forth below. ACT FEB. 26, 1879, c. 105. An Act To Promote a Knowledge of Steam Engineering and Iron Ship Building among the Students of Scientific Schools or Col- leges in the United States. (20 Stat. 322.) Engineer officers as professors in scientific schools and colleges. Be it enacted, &c., That for the purpose of promoting a knowledge of steam-engineering and iron-ship building among the young men of the United States, the President may, upon the application of an established scientific school or college within the United States, de- tail an officer from the Engineer Corps of the Navy as professor in such school or college: Provided, That the number of officers so detailed shall not at any time exceed twenty-five, and such details shall be governed by rules to be prescribed from time to time by the President: And provided further, That such details may be withheld or withdrawn whenever, in the judgment of the President, the interests of the public service shall so require. Act Feb. 26, 1879, c. 105, 20 Stat. 322. The detail of officers of the Army or of the Navy, including retired officers, to colleges and other educational institutions, as professors, etc., and as instructors in military drill and tactics in schools, is authorized by Rev. St. 88 1225, 1260, and subsequent provisions set forth under these sections. The detail of officers of the Navy as superintendents of or instructors in nautical schools is authorized by Act June 20, 1874, c. 339, and Act March 3, 1881, c. 141, post, at end of chapter 6 of this Title. Sec. 1394. [Superseded. Act Aug. 5, 1882, c. 391, $ 1; Act March 2, 1889, C. 396, § 1.] This section provided for the appointment of cadet engineers who were graduated with credit in the scientific and mechanical classes of the Naval Academy, as assistant engineers. It is superseded by the provi- Secs. 1395–1400) 997 Tit. 15— THE NAVY-Ch. 1. sions of Act Aug. 5, 1882, c. 391, § 1, and Act March 2, 1889, c. 396, 8 1, post, under Rev. St. § 1521. See note under Rev. St. $$ 1391, 1392. Sec. 1395. Chaplains, number and appointment of. There shall be in the Navy, for the public armed vessels of the United States in actual service not exceeding twenty-four chaplains, who shall be appointed by the President with the advice and consent of the Senate. Act April 21, 1806, c. 35, § 3, 2 Stat. 390. Act April 16, 1814, c. 58, 5, 3 Stat. 125. Act Aug. 4, 1842, c. 121, § 1, 5 Stat. 500. Sec. 1396. Qualifications of. A chaplain shall not be less than twenty-one nor more than thirty- five years of age at the time of his appointment. Act July 14, 1862, c. 164, § 7, 12 Stat. 565. Sec. 1397. Form of worship. Every chaplain shall be permitted to conduct public worship ac- cording to the manner and forms of the church of which he may be a member. Act June 1, 1860, c. 67, § 1, 12 Stat. 24. Sec. 1398. Annual report. Chaplains shall report annually to the Secretary of the Navy the official services performed by them. Act June 1, 1860, c. 67, § 1, 12 Stat. 24. Sec. 1399. Professors of mathematics, number of. The number of professors of mathematics in the Navy shall not exceed twelve. Act Aug. 3, 1848, c. 121, § 12, 9 Stat. 272. Act May 21, 1872, c. 240, § 1, 17 Stat. 192. Sec. 1400. Appointment. Professors of mathematics shall be appointed and commissioned by the President of the United States, by and with the advice and con- sent of the Senate. Act Aug. 3, 1848, c. 121, $ 12, 9 Stat. 272. Provisions for examination for appointment as professor of mathe- matics are contained in Act Jan. 20, 1881, c. 24, set forth below. 998 (Secs. 1400-1403 Tit. 15— THE NAVY - Ch. 1. ACT JAN. 20, 1881, c. 24. An Act Relating to the Appointment of Professors of Mathe- matics in the Navy. (21 Stat. 317.) Examinations for appointment. Be it enacted, &c., That hereafter no person shall be appointed a professor of mathematics in the Navy until he shall have passed a physical examination before a board of naval surgeons, and a pro- fessional examination before a board of professors of mathematics in the Navy, to be convened for that purpose by the Secretary of the Navy, and received a favorable report from said boards. Act Jan. 20, 1881, c. 24, 21 Stat. 317. Sec. 1401. Duties. Professors of mathematics shall perform such duties as may be assigned thein by order of the Secretary of the Navy, at the Naval Academy, the Naval Observatory, and on board ships of war, in instructing the midshipmen of the Navy, or otherwise. Act Aug. 3, 1848, c. 121, § 12, 9 Stat. 272. Sec. 1402. Naval constructors, number and appointment of. The President, by and with the advice and consent of the Senate, may appoint naval constructors, who shall have rank and pay as officers of the Navy. Act July 25, 1866, c. 231, § 7, 14 Stat. 223. Act March 3, 1871, c. 117, $ 9, 16 Stat. 536. The rank of naval constructors is prescribed by Act March 3, 1899, c. 413, § 10, post, following Rev. St. & 1403. Sec. 1403. Assistant naval constructors. Cadet engineers who are graduated with credit in the scientific and mechanical class of the Naval Academy may, upon the recom- mendation of the academic board, be immediately appointed as as- sistant naval constructors. Act July 4, 1864, c. 252, & 2, 13 Stat. 393. Provisions for the education at the Naval Academy of naval construc- tors and steam engineers, in a separate class, to be styled cadet engi- neers, contained in Rev. St. $$ 1522–1525, are superseded by provisions of Act Aug. 5, 1882, c. 391, § 1, and Act March 2, 1889, c. 396, § 1, post, following Rev. St. § 1521. See notes under those acts and under Rev. St. $8 1522-1525. The rank of assistant naval constructors is prescribed, their promotion to the grade of naval constructor is provided for, and their number is limited, by Act March 3, 1899, c. 413, § 10, set forth below. ACT MARCH 3, 1899, c. 413, § 10. Naval constructors and assistant naval constructors; rank, promotion, and number. That of the naval constructors five shall have the rank of captain, Secs. 1401-1406) - Tit. 15—THE NAVY —Ch999 . 1. five of commander, and all others that of lieutenant-commander or lieutenant. Assistant naval constructors shall have the rank of lieu- tenant or lieutenant (junior grade). Assistant naval constructors shall be promoted to the grade of naval constructor after not less than eight or more than fourteen years' service as assistant naval constructor: Provided, That the whole number of naval construct- ors and assistant naval constructors on the active list shall not ex- ceed forty in all. Act March 3, 1899, c. 413, § 10, 30 Stat. 1006. Sec. 1404. Duty. Naval constructors may be required to perform duty at any navy- yard or other station. Act March 3, 1845, c. 77, § 2, 5 Stat. 794. Sec. 1405. Warrant officers, number and appointment of. The President may appoint for the vessels in actual service, as many boatswains, gunners, sailmakers, and carpenters as may, in his opinion, be necessary and proper. Act April 21, 1806, c. 35, $ 3, 2 Stat. 390. Act Aug. 4, 1842, c. 121, § 1, 5 Stat. 500. Act March 3, 1847, c. 48, § 1, 9 Stat. 172. Provisions for promotion of seamen to warrant officers are contained in Rev. St. § 1407; and provisions for preference, in the appointment of warrant officers, of apprentices and boys honorably discharged, are con- tained in Rev. St. $ 1417, as amended by Act May 12, 1879, c. 5. Sec. 1406. Title. Boatswains, gunners, carpenters, and sailmakers shall be known and shall be entered upon the Naval Register as “warrant officers in the naval service of the United States.' Act July 2, 1864, c. 219, § 2, 13 Stat. 373. Commissions to chief boatswains, chief gunners, chief carpenters, and chief sailmakers are authorized by Act March 3, 1899, c. 413, § 12, set forth below. ppointments from warrant officers to fill vacancies in the grade of en- sign, unfilled by graduates of the Naval Academy, are authorized by a provision of Act March 3, 1901, c. 852, ante, following Rev. St. & 1367. The appointment, pay, rank, etc., of warrant machinists, are provided for by Act March 3, 1899, c. 413, 88 14, 15, set forth below. The appointment of pharmacists, with the rank, pay, and privileges of warrant officers, is provided for by Act June 17, 1898, c. 463, § 1, set forth below. ACT MARCH 3, 1899, c. 413, $$ 12, 14, 15. Chief warrant officers, rank, pay, etc. Sec. 12. That boatswains, gunners, carpenters, and sailmakers shall after ten years from date of warrant be commissioned chief boatswains, 1000 (Sec. 1406 Tit. 15— THE NAVY - Ch. 1. chief gunners, chief carpenters, and chief sailmakers, to rank with but after ensign: Provided, That the chief boatswains, chief gun- ners, chief carpenters, and chief sailmakers shall on promotion have the same pay and allowances as are now allowed a second lieutenant in the Marine Corps: Provided, That the pay of boatswains, gun- ners, carpenters and sailmakers shall be the same as that now al- lowed by law: Provided, further, That nothing in this Act shall give additional rights to quarters on board ship or to command, and that immediately after the passage of this Act boatswains, gunners, carpenters and sailmakers, who have served in the Navy as such for fifteen years, shall be commissioned in accordance with the provi- sions of this section, and thereafter no warrant officer shall be pro- moted until he shall have passed an examination before a board of chief boatswains, chief gunners, chief carpenters and chief sailmak- ers, in accordance with regulations prescribed by the Secretary of the Navy. Act March 3, 1899, c. 413, & 12, 30 Stat. 1007. Warrant machinists; appointment; examinations. Sec. 14. That upon the passage of this Act the Secretary of the Navy shall appoint a board for the examination of men for the position of warrant machinists, one hundred of whom are hereby authorized. The said examination shall be open, first, to all machinists by trade, of good record in the naval service, and if a sufficient number of ma- chinists from the Navy are not found duly qualified, then any ma- chinist of good character, not above thirty years of age, in civil life shall be eligible for such examination and appointment to fill the remaining vacancies. All subsequent vacancies in the list of warrant machinists shall be filled by competitive examination before a board ordered by the Secretary of the Navy, and open to all machinists by trade who are in the Navy, and machinists of good character, not above thirty years of age, in civil life authorized by the Secretary of the Navy to appear before said board, and, where candidates from civil life and from the naval service possess equal qualifications, the preference shall be given to those from the naval service. Act March 3, 1899, c. 413, § 14, 30 Stat. 1007. Previous provisions, of a temporary nature merely, for appointment of warrant officers, including warrant machinists, to serve only during the continuance of the exigency in which their services were required in the existing war, and provisions for the pay of warrant machinists, were con- tained in Act May 4, 1898, c. 234, 30 Stat. 369. Warrant machinists; pay, retirement, rank, etc. Sec. 15. That the pay of warrant machinists shall be the same as that of warrant officers, and they shall be retired under the provisions of existing law for warrant officers. Warrant machinists shall receive at first an acting appointment, which may be made permanent under regulations established by the Navy Department for other warrant officers. They shall take rank with other warrant officers according to date of appointment and shall wear such uniform as may be pre- scribed by the Navy Department. Act March 3, 1899, c. 413, § 15, 30 Stat. 1008. Sec. 1406) 1001 Tit. 15— THE NAVY-Ch. 1. ACT JUNE 17, 1898, c. 463. An Act to Organize a Hospital Corps of the Navy of the United States; to Define its Duties and Regulate its Pay. (30 Stat. 474.) Hospital Corps; composition; appointment, rank, etc., of pharmacists; enlisted force. Be it enacted &c., That a hospital corps of the United States Navy is hereby established, and shall consist of pharmacists hospital stew- ards, hospital apprentices (first class), and hospital apprentices; and for this purpose the Secretary of the Navy is empowered to appoint twenty-five pharmacists with the rank, pay, and privileges of war- rant officers, removable in the discretion of the Secretary, and to en- list, or cause to be enlisted, as many hospital stewards, hospital ap- prentices (first class), and hospital apprentices as in his judgment may be necessary, and to limit or fix the number; and to make such regulations as may be required for their enlistment and government. Enlisted men in the Navy or the Marine Corps shall be eligible for transfer to the hospital corps, and vacancies occurring in the grade of pharmacist shall be filled by the Secretary of the Navy by selec- tion from those holding the rate of hospital steward. Act June 17, 1898, c. 463, § 1, 30 Stat. 474. The appointment, rank, etc., of warrant officers are provided for by Rev. St. $$ 1405, 1406; and their pay is prescribed by Rev. St. § 1556. Duties of Hospital Corps; corps attached to Medical Department. Sec. 2. That all necessary hospital and ambulance service at naval hospitals, naval stations, navy-yards, and marine barracks, and on vessels of the Navy, Coast Survey, and Fish Commission, shall be performed by the members of said corps, and the corps shall be per- manently attached to the Medical Department of the Navy, and shall be included in the effective strength of the Navy and be counted as a part of the enlisted force provided by law, and shall be subject to the laws and regulations for the government of the Navy. Act June 17, 1898, c. 463, § 2, 30 Stat. 475. Pay of enlisted force of Hospital Corps. Sec. 3. That the pay of hospital stewards shall be sixty dollars a month, the pay of hospital apprentices (first class) thirty dollars a month, and the pay of hospital apprentices twenty dollars a month, with the increase on account of length of service as is now or may hereafter be allowed by law to other enlisted men in the Navy. Act June 17, 1898, c. 463, 83, 30 Stat. 475. Benefits to warrant officers and enlisted men, as to others in Navy. Sec. 4. That all benefits derived from existing laws, or that may hereafter be allowed by law, to other warrant officers or enlisted men in the Navy shall be allowed in the same manner to the warrant offi- cers or enlisted men in the hospital corps of the Navy. Act June 17, 1898, c. 463, § 4, 30 Stat. 475. 1002 (Secs. 1406-1407 Tit. 15—THE NAVY—Ch. 1. Repeal. Sec. 5. That all acts and parts of acts, so far as they conflict with the provisions of this Act, are hereby repealed. Act June 17, 1898, c. 463, § 5, 30 Stat. 475. Sec. 1407. Promotion of seamen to warrant officers. Seamen distinguishing themselves in battle, or by extraordinary heroism in the line of their profession, may be promoted to forward warrant officers, upon the recommendation of their commanding offi- cer, approved by the flag-officer and Secretary of the Navy. And upon such recommendation they shall receive a gratuity of one hun- dred dollars and a medal of honor, to be prepared under the direction of the Navy Department. Act May 17, 1864, c. 89, § 3, 13 Stat. 80. Nothing in Act May 12, 1879, c. 5, 21 Stat. 3, which amends Rev. St. $ 1417, so as to give preference in the appointment of warrant officers to apprentices or boys honorably discharged, is to be held to abrogate the provisions of this section, by a proviso annexed to Rev. St. § 1417, as amended. The provision of this section for the gratuity and medal of honor is extended to any enlisted man of the Navy or Marine Corps by Act March 3, 1901, c. 850, set forth below. RES. MAY 4, 1898, No. 30. Joint Resolution Relative to the Medal of Honor Authorized by the Acts of December twenty-first, Eighteen hundred and sixty- one, and July sixteenth, Eighteen hundred and sixty-two. (30 . Stat. 741.) Rosette or knot and ribbon to holders of medals. Resolved, &c., That the Secretary of the Navy be, and he is hereby, authorized to issue to any person to whom a medal of honor has been awarded, or may hereafter be awarded, under the provisions of the Acts approved December twenty-first, eighteen hundred and - sixty-one, and July sixteenth, eighteen hundred and sixty-two, a rosette or knot to be worn in lieu of the medal, and a ribbon to be worn with the medal; said rosette or knot and ribbon to be each of a pattern to be prescribed and established by the President of the United States, and any appropriation that may hereafter be avail- able for the contingent expenses of the Navy Department is hereby made available for the purposes of this Act: Provided, That when- ever a ribbon issued under the provisions of this Act shall have been lost, destroyed, or rendered unfit for use, without fault or neglect on the part of the person to whom it was issued, the Secretary of the Navy shall cause a new ribbon to be issued to such person without charge therefor. Res. May 4, 1898, No. 30, 30 Stat. 741. Act Dec. 21, 1861, c. 1, § 7, 12 Stat. 330, referred to in this resolution, provided for the distribution of 200 medals of honor to officers and men of the Navy for distinguished services during the Civil War; and Act July 16, 1862, c. 183, § 10, 12 Stat. 584, also referred to, contained provi- Secs. 1407-1410) - Tit. 15—THE NAVY —Ch1003 . 1. sions, similar to those of Rev. St. & 1407, for promotion of seamen for dis- tinguished service in battle, and for a gratuity and medal of honor on such promotion. These provisions were not incorporated in the Revised Statutes. ACT MARCH 3, 1901, c. 850. An Act for the Reward of Enlisted Men of the Navy or Marine Corps. (31 Stat. 1099.) Gratuity and medal to enlisted men. Be it enacted, etc., That any enlisted man of the Navy or Marine Corps who shall have distinguished himself in battle or displayed extraordinary heroism in the line of his profession shall, upon the recommendation of his commanding officer, approved by the flag- officer and the Secretary of the Navy, receive a gratuity and medal of honor as provided for seamen in section fourteen hundred and seven of the Revised Statutes. Act March 3, 1901, c. 850, 31 Stat. 1099. The distribution of bronze medals, commemorative of the naval and other engagements in the waters of the West Indies and on the shores of Cuba during the war with Spain, to officers and men of the Navy and Marine Corps who participated in said engagements, or who rendered spe- cially meritorious service, otherwise than in battle, is authorized by joint resolution of March 3, 1901, No. 18, 31 Stat. 1465. Sec. 1408. Seamen may be rated as mates. Mates may be rated, under authority of the Secretary of the Navy, from seamen and ordinary seamen who have enlisted in the naval service for not less than two years. Act May 17, 1864, c. 89, § 3, 13 Stat. 79. Act March 3, 1865, c. 124, $ 3, 13 Stat. 539. 9 Sec. 1409. Rating shall not discharge from enlistment. The rating of an enlisted man as a mate, or his appointment as a warrant officer, shall not discharge him from his enlistment. Act May 17, 1864, c. 89, § 3, 13 Stat. 79. Act March 3, 1865, c. 124, $ 3, 13 Stat. 539. Sec. 1410. Petty officers. All officers not holding commissions or warrants, or who are not entitled to them, except such as are temporarily appointed to the duties of a commissioned or warrant officer, and except secretaries and clerks, shall be deemed petty officers, and shall be entitled to obedience, in the execution of their offices, from persons of inferior ratings. Act July 17, 1862, c. 204, § 18, 12 Stat. 610. 1004 (Secs. 1411-1413 Tit. 15—THE NAVY —Ch. 1. Sec. 1411. Acting assistant surgeons. The Secretary of the Navy may appoint, for temporary service, such acting assistant surgeons as the exigencies of the service may require, who shall receive the compensation of assistant surgeons. Act March 3, 1865, c. 124, § 6, 13 Stat. 539. Act July 15, 1870, c. 295, 13 Stat. 334. Appointments in the Medical Corps are provided for by Rev. St. $$ 1569–1371, and subsequent provisions set forth or referred to under those sections. Acting assistant surgeons are not to be appointed under this section, except in case of war, by Act Feb. 15, 1879, c. 83, 8 2, set forth below. The appointment for temporary service of acting assistant surgeons was authorized by a provision of Act May 4, 1898, c. 234, § 1, and per- manent commissions for acting assistant surgeons appointed for tempo- rary service were authorized by a provision of Act June 7, 1900, c. 859, ante, following Rev. St. 8 1368. ACT FEB. 15, 1879, c. 83. An Act to Abolish the Volunteer Navy of the United States. (20 Stat. 294.) Be it enacted, &c. [Sec. I temporary and executed.] This section provided for examination of officers composing the Volun- teer Navy, and for their appointment in the Regular Navy or muster out of the service. It is omitted as temporary merely and executed. Provi- sions for crediting officers transferred from the volunteer service to the Regular Navy with their sea service as volunteer officers are contained in Rev. St. $ 1412. Acting assistant surgeons not to be appointed except in case of war. Sec. 2. That from and after the passage of this act the Secretary of the Navy shall not appoint acting assistant surgeons for tempo- rary service, as authorized by section fourteen hundred and eleven, Revised Statutes, except in case of war. Act Feb. 15, 1879, c. 83, & 2, 20 Stat. 295. Sec. 1412. Volunteer officers transferred entitled to credit for volunteer sea- service. Officers who have been, or may be, transferred from the volunteer service to the Regular Navy shall be credited with the sea-service performed by them as volunteer officers, and shall receive all the benefits of such duty in the same manner as if they had been, during such service, in the Regular Navy. Act March 2, 1867, c. 174, § 3, 14 Stat. 516. Provisions for the transfer of officers composing the Volunteer Navy to the Regular Navy were contained in Act Feb. 15, 1879, c. 83, § 1. See note under that section, following Rev. St. § 1411. Sec. 1413. Civil engineers and store-keepers at navy-yards. The President, by and with the advice and consent of the Senate, Secs. 1413–1417) 1005 Tit. 15— THE NAVY-Ch. 1. may appoint a civil engineer and a naval store-keeper at each of the navy-yards where such officers may be necessary. Act March 1867, c. 172, § 1, 14 Stat. 490. Act June 17, 1868, c. 61, § 1, 15 Stat. 69. Appointments of civil engineers are limited in number to twenty-one, by a provision of Act March 3, 1899, c. 413, § 7, ante, following Rev. St. 8 1364. Sec. 1414. Store-keepers on foreign stations. The Secretary of the Navy may appoint citizens who are not of- ficers of the Navy to be store-keepers on foreign stations, when suit- able officers of the Navy cannot be ordered on such service, or when, in his opinion, the public interest will be thereby promoted. Act June 17, 1844, c. 107, § 1, 5 Stat. 700. Act March 3, 1847, c. 48, § 3, 9 Stat. 172. Sec. 1415. Store-keeper's bond. Every person who is appointed store-keeper under the provisions of the preceding section shall be required to give a bond, in such amount as may be fixed by the Secretary of the Navy, for the faith- ful performance of his duty. Act June 17, 1844, c. 107, § 1, 5 Stat. 700. Act March 3, 1847, c. 48, $ 3, 9 Stat. 172. Sec. 1416. Civil offices at yards may be discontinued by Secretary of the Navy. The Secretary of the Navy is authorized, when in his opinion the public interest will permit it, to discontinue the office or employment of any measurer and inspector of timber, clerk of the yard, clerk of the commandant, clerk of the store-keeper, clerk of the naval con- structor, and the keeper of the magazine employed at any navy-yard, and to require the duties of the keeper of the magazine to be per- formed by gunners. Act Aug. 10, 1846, c. 176, § 1, 9 Stat. 98. Sec. 1417. [As amnended 1876, 1879.] Enlisted men, number of; [preference, in appointment of warrant offi- cers, of honorably discharged apprentices, etc.] The number of persons who may at one time be enlisted into the Navy of the United States, including seamen, ordinary seamen, landsmen, mechanics, firemen, and coal-heavers, and including seven hundred and fifty apprentices and boys, hereby authorized to be enlisted annually, shall not exceed eight thousand two hundred and fifty: Provided, That in the appointment of warrant-officers in the naval service of the United States, preference shall be given to men who have been honorably discharged upon the expiration of an enlistment as an apprentice or boy, to serve during minority, and re- 1006 (Sec. 1417 Tit. 15—THE NAVY-Ch. 1. enlisted within three months after such discharge, to serve during a a term of three or more years: Provided further, That nothing in this act shall be held to abrogate the provisions of section fourteen hun- dred and seven of the Revised Statutes of the United States. Act June 7, 1864, c. 111, 13 Stat. 120. Act June 17, 1868, c. 61, $ 2, 15 Stat. 72. Act June 30, 1876, c. 159, 19 Stat. 66. Act May 12, 1879, c. 5, 21 Stat. 3. The amendment of this section by Act June 30, 1876, c. 159, cited above, consisted in a change of the limit of the total number of the enlist- ed force from 8,500, fixed by the section as originally enacted, to 7,500. The further amendment by Act May 12, 1879, c. 5, also cited above, con- sisted in the insertion of the words "and including seven hundred and fifty," immediately preceding the words "apprentices and boys," and, im- mediately following those words, of the additional words, "hereby author- ized to be enlisted annually;" the further change of the limit of the total number to 8,200; and the addition of the two provisos at the end of the section, as set forth here. Subsequent provisions increasing the number of the enlisted force are set forth below. Apprentices, whether at the training station or on board a training ship, are additional to the number of enlisted persons, by a provision of Act April 24, 1896, c. 120, $ 2, post, at end of chapter 6 of this Title. Fraudulent enlistment is declared an offense against naval discipline and made punishable, by a provision of Act March 3, 1893, c. 212, set forth below. ACT MARCH 3, 1893, c. 212. Fraudulent enlistment punishable by court-martial. And fraudulent enlistment, and the receipt of any pay or allowance thereunder, is hereby declared an offense against naval dis- ciplin and made punishable by general court martial, under article twenty-two of the articles for the government of the Navy; but this provision shall not take effect until sixty days after the passage of this act. Act March 3, 1893, c. 212, 27 Stat. 716. This is a provision of the naval appropriation act for the fiscal year ending June 30, 1894, cited above. * Enlisted men, limit of number of. * * And the number of persons who may at one time be en- listed into the Navy of the United States, including seamen, ordinary seamen, landsmen, mechanics, firemen, and coal heavers, and in- cluding one thousand five hundred apprentices and boys, hereby au- thorized to be enlisted annually, shall not exceed nine thousand. * Act March 3, 1893, c. 212, 27 Stat. 730. This is a further provision of the naval appropriation act for the fiscal year ending June 30, 1894, cited above. Provisions for enlistment of additional seamen are set forth below. Apprentices are additional to the number of enlisted persons, by a pro- vision of Act April 24, 1896, c. 120, $ 2, post, at end of chapter 6 of this Title. ACT MARCH 2, 1895, c. 186. Additional seamen. * * And the Secretary of the Navy is hereby authorized to en- (Secs. 1417–1419) 1007 Tit. 15—THE NAVY-Ch. 1. list as many additional seamen as in his discretion he may deem necessary, not to exceed one thousand; Act March 2, 1895, c. 186, 28 Stat. 826. This is a provision of the naval appropriation act for the year ending June 30, 1896, cited above. ACT JUNE 10, 1896, c. 399. Additional seamen. * * And the Secretary of the Navy is hereby authorized to en- list at any time after the passage of this Act as many additional men as in his discretion he may deem necessary, not to exceed one thou- * Act June 10, 1896, c. 399, 29 Stat. 361. This is a provision of the naval appropriation act for the year ending June 30, 1897, cited above. sand, * Sec. 1418. [As amended 1879, 1881.] Term of enlistment. Boys between the ages of fourteen and eighteen years may be enlisted to serve in the Navy until they shall arrive at the age of twenty-one years; other persons may be enlisted to serve for a pe- riod not exceeding five years, unless sooner discharged by direction of the President. Act March 2, 1837, c. 21, § 1, 5 Stat. 153. Act May 12, 1879, c. 5, 21 Stat. 3. Act Feb. 23. 1881, c. 73, § 2, 21 Stat. 338. The amendment of this section by Act May 12, 1879, c. 5, consisted in the change of the minimum age of enlistment from sixteen to fifteen years, and the amendment by Feb. 23, 1881, c. 73, strikes out "fifteen,” and inserts in its stead "fourteen," as set forth here. Any officer illegally enlisting a minor is punishable therefor, under the articles for the government of the Navy, Rev. St. § 1624, art. 19. The term of enlistment is fixed at 4 years by Act March 3, 1899, c. 413, & 16, set forth below. * ACT MARCH 3, 1899, c. 413, $ 16. Term of enlistment four years. That hereafter the term of enlistment of all enlisted men of the Navy shall be four years. [Part of section omitted amends Rev. St. § 1573.] Act March 3, 1899, c. 413, $ 16, 30 Stat. 1008. Enlisted men may be permitted to purchase their discharge under a provision of Act March 3, 1893, c. 212, post, following Rev. St. § 1421. Sec. 1419. [As amended 1879, 1881.] Consent of parents and guardians. Minors between the age of fourteen and eighteen years shall not be enlisted for the naval service without the consent of their parents or guardians. Act March 2, 1837, c. 21, § 1, 5 Stat. 153. Act March 3, 1865, c. 79, § 18, 13 Stat. 490. Act May 12, 1879, c. 5, 21 Stat. 3. Act Feb. 23, 1881, c. 73, $ 2, 21 Stat. 338. The amendment of this section by Act May 12, 1879, c. 5, consisted in 1008 (Secs. 1419-1421 Tit. 15— THE NAVY-Ch. 1. the change of the minimum age of enlistment from sixteen to fifteen years, and the amendment by Act Feb. 23, 1881, c. 73, § 2, cited above, strikes out "fifteen,” and inserts in its stead "fourteen,” as set forth here. Any officer illegally enlisting a minor is punishable therefor under the articles for the government of the Navy, Rev. St. $ 1624, art. 19. Sec. 1420. [As amended 1879, 1881.] Persons not to be enlisted. No minor under the age of fourteen years, no insane or intoxi- cated person, and no deserter from the naval or military service of the United States shall be enlisted in the naval service. Act March 3, 1865, c. 79, § 18, 13 Stat. 490. Act May 12, 1879, c. 5, 21 Stat. 3. Act Feb. 23, 1881, c. 73, $ 2, 21 Stat. 338. The amendment of this section by Act May 12, 1879, c. 5, cited above, consisted in the change of the minimum age of enlistment from sixteen to fifteen years, and the amendment by Act Feb. 23, 1881, c. 73, § 2, cited above, strikes out "fifteen," and inserts in its stead "fourteen," as set forth here. ACT MARCH 1, 1889, c. 331. An Act to Encourage the Enlistment of Boys as Apprentices in the United States Navy. (25 Stat. 781.) Apprentices; bounty, etc., on enlistment. Be it enacted, &c., That in order to encourage the enlistment of boys as apprentices in the United States Navy, the Secretary of the Navy is hereby authorized to furnish as a bounty to each of said apprentices after his enlistment, and when first received on board of a training-ship, an outfit of clothing not to exceed in value the sum of forty-five dollars. Act March 1, 1889, c. 331, 25 Stat. 781. Provisions relating to training stations for apprentices are contained in Act Aug. 7, 1882, c. 433, § 1, Act March 2, 1895, c. 186, and Act April 24, 1896, c. 120, post, at end of chapter 6 of this Title. ACT MARCH 3, 1899, c. 413, $ 25. Oath of allegiance. That the oath of allegiance now provided for the officers and men of the Army and Marine Corps shall be administered hereafter to the officers and men of the Navy. Act March 3, 1899, c. 413, § 25, 30 Stat. 1009. The officers and men of the Marine Corps are required to take the same oaths provided for the officers and men of the Army, by Rev. St. $ 1609. The form of the oath of office is prescribed by Rev. St. §. 1756. Sec. 1421. Transfer from military to naval service. Any person enlisted in the military service of the United States may, on application to the Navy Department, approved by the President, be transferred to the Navy or Marine Corps, to serve therein the residue of his term of enlistment, subject to the laws Secs. 1421-1422) 1009 Tit. 15— THE NAVY-Ch. 1. and regulations for the government of the Navy. But such transfer shall not release him from any indebtedness to the Government, nor, without the consent of the President, from any penalty incurred for a breach of military law. Act July 1, 1864, c. 201, § 1, 13 Stat. 342. ACT MARCH 3, 1893, c. 212. Purchase of discharge by enlisted men. * * And in time of peace the President may in his discretion, and under such rules and upon such conditions as he may prescribe, permit any enlisted man to purchase his discharge from the Navy or the Marine Corps, the amounts received therefrom to be covered into the Treasury. Act March 3, 1893, c. 212, 27 Stat. 717. This is a provision of the naval appropriation act for the year ending June 30, 1894, cited above. A similar provision relating to the Army is contained in Act June 16, 1890, c. 426, § 4, ante, following Rev. St. § 1120. Sec, 1422. [As amended 1875.] Disposition of men at expiration of term. That it shall be the duty of the commanding officer of any fleet, squadron, or vessel acting singly, when on service, to send to an Atlantic or to a Pacific port of the United States, as their enlist- ment may have occurred on either the Atlantic or Pacific coast of the United States, in some public or other vessel, all petty-officers and persons of inferior ratings desiring to go there at the expiration of their terms of enlistment, or as soon thereafter as may be, un- less, in his opinion, the detention of such persons for a longer period should be essential to the public interests, in which case he may de- tain them, or any of them, until the vessel to which they belong shall return to such Atlantic or Pacific port. All persons enlisted without the limits of the United States may be discharged, on the expiration of their enlistment, either in a foreign port or in a port of the United States, or they may be detained as above provided beyond the term of their enlistment; and that all persons sent home, or detained by a commanding officer, according to the provisions of this act, shall be subject in all respects to the laws and regulations for the government of the Navy until their return to an Atlantic or Pacific port and their regular discharge; and all persons so detained by such officer, or re-entering to serve until the return to an Atlantic or Pacific port of the vessel to which they belong, shall in no case be held in service more than thirty days after their arrival in said port; and that all persons who shall be so detained beyond their terms of enlistment or who shall, after the termination of their en- listment, voluntarily re-enter to serve until the return to an Atlantic or Pacific port of the vessel to which they belong, and their regular discharge therefrom, shall receive for the time during which they are so detained, or shall so serve beyond their original terms of enlistment, an addition of one-fourth of their former pay: Provided, LAWS '01-64 : 1010 (Secs. 1422–1426 Tit. 15— THE NAVY —Ch. 1. That the shipping-articles shall hereafter contain the substance of this section. Act July 17, 1862, c. 204, $ 17, 12 Stat. 610. Act March 3, 1875, c. 155, 18 Stat. 484. The amendment of this section by Act March 3, 1875, c. 155, cited above, consists in the insertion, after the word "Atlantic,” where it first occurs, of the words "or Pacific"; after the words "United States," where they first occur, of the words as their enlistment may have occur- red on either the Atlantic or Pacific coast of the United States”; and after the word “Atlantic," where it next occurs, of the words "or Pa- cific"; and the addition of all the subsequent provisions, beginning "all persons enlisted without the limits of the United States may be dischar- ged," to the end of the section as set forth here. The appropriation to which payments for transportation of discharged enlisted men shall be chargeable is prescribed by a provision of Act March 3, 1901, c. 831, post, under Rev. St. 3675. Sec. 1423. Subject to regulations while sent home or detained. All persons sent home, or detained by a commanding officer, ac- cording to the provisions of the preceding section, shall be subject in all respects to the laws and regulations for the government of the Navy, until their return to an Atlantic port and their regular dis- charge. Act July 17, 1862, c. 204, $ 17, 12 Stat. 610. Sec. 1424. Limit of detention. Persons so detained by a commanding officer, or re-entering to serve until the return to an Atlantic port of the vessel to which they belong, shall in no case be held in service more than thirty days after their arrival in said port. Act July 17, 1862, c. 204, § 17, 12 Stat. 610. Sec. 1425. What to be contained in shipping articles. The shipping articles shall contain the substance of the three sec- tions next preceding and of section fifteen hundred and seventy-two. Act July 17, 1862, c. 204, 8 17, 12 Stat. 610. Sec. 1426. Honorable discharge, to whom granted. Honorable discharges may be granted to seamen, ordinary sea- men, landsmen, firemen, coal-heavers, and boys who have enlisted for three years. Act March 2, 1855, c. 136, § 1, 10 Stat. 627. Act June 7, 1864, c. 111, 13 Stat. 120. Provisions for furnishing certificates of discharge, instead of lost or destroyed certificates, are contained in Act Feb. 7, 1890, c. 8, set forth below. The benefits of honorable discharge conferred by this section are ex- Sec. 1426) - Tit. 15—THE NAVY-1011 Ch. 1. tended to all enlisted persons in the Navy by joint resolution of June 11, 1896, No. 62, set forth below. Provisions for issuing certificates of discharge or orders of acceptance of resignation in the true names of persons who enlisted or served under assumed names in the Army or Navy during the war of the rebellion, and who were honorably discharged, are contained in Act April 14, 1890, c. 80, ante, following Rev. St. § 1230. Provisions for the removal from the record of charges of desertion against appointed or enlisted men of the Navy or Marine Corps who served in the civil war, and for the issue thereupon of certificates of dis- charge, are contained in Act Aug. 14, 1888, c. 890, revived and re-en- acted by Act May 24, 1900, c. 550, post, following Rev. St. $ 1427. Every commanding officer is required, in returning from a cruise, to forward to the Secretary of the Navy a list of the names of such per- sous as are, in his opinion, entitled to an honorable discharge, by Rev. St. § 1429. Honorably discharged seamen, etc., are entitled to a temporary home on a receiving ship for three months by Act Feb. 8, 1889, c. 115, post, following Rev. St. § 1429. ACT FEB. 7, 1890, c. 8. An Act to Provide Certificates of Honorable Service to Those who have Served in the United States Navy or Marine Corps who have Lost their Certificates of Discharge. (26 Stat. 6.) Certificates of discharge instead of lost or destroyed certificates. Be it enacted, &c., That from and after the passage of this act, whenever satisfactory proof is furnished at the Navy Department that any commissioned officer, regular or volunteer, appointed or enlisted man who served in the Navy or the Marine Corps of the United States in the war of eighteen hundred and twelve, the Mex- ican war, or the war of the rebellion, has lost his certificate of dis- charge, or the same has been destroyed without his privity or pro- curement, the Secretary of the Navy shall be authorized to furnish to such commissioned officer, regular or volunteer, appointed or en- listed man, a certificate of discharge in lieu thereof: Provided, That such certificate shall not be accepted as a voucher for the payment of any claim against the United States for pay, bounty, or any other allowance, or as evidence in any other case. Act Feb. 7, 1890, c. 8, 26 Stat. 6. RES, JUNE 11, 1896, No. 62. Joint Resolution Extending the Benefits of Sections Fourteen Hun- dred and twenty-six and Fifteen Hundred and seventy-three of the Revised Statutes to all Enlisted Persons in the Navy. (29 Stat. 476.) Honorable discharge; provisions applicable to all enlisted persons. Resolved, &c., That the benefits of honorable discharge as con- ferred by section fourteen hundred and twenty-six of the Revised Statutes, and of three months' pay upon reenlistment after honorable discharge as conferred by section fifteen hundred and seventy-three upon seamen, ordinary seamen, landsmen, firemen, coal heavers and boys, be, and the same are hereby, extended and made applicable to all enlisted persons in the Navy. And all accounts of paymasters 1012 (Sec. 1427 Tit. 15—THE NAVY -- Ch. 1. who have made payments to enlisted men, not of the classes named in sections fourteen hundred and twenty-six and fifteen hundred and seventy-three, Revised Statutes, as if they had been included in the provisions of said sections, shall be allowed and passed by the ac- counting officers of the Treasury as if they had been included in said sections. Res. June 11, 1896, No. 62, 29 Stat. 476. Sec. 1427. Form of honorable discharge. Honorable discharges shall be granted according to a form pre- scribed by the Secretary of the Navy. Act March 2, 1855, c. 136, § 1, 10 Stat. 627. Act June 7, 1864, c. 111, 13 Stat. 120. ACT AUG. 14, 1888, c. 890. An Act to Relieve Certain Appointed or Enlisted Men of the Navy and Marine Corps from the Charge of Desertion. (25 Stat. 442.) Removal from record of charge of desertion against men of Navy or Marine Corps who served in civil war; completion of term of service. Be it enacted, &c., That the charge of desertion now standing on the rolls and records of the Navy or Marine Corps against any appointed or enlisted man of the Navy or Marine Corps who served in the late war may in the discretion of the Secretary of the Navy be removed in all cases where it shall be made to appear to the satisfaction of the Secretary of the Navy from such rolls and records or from other satisfactory evidence, that any such appointed or enlisted man served faithfully until the expiration of his term of enlistment, or until the first day of May anno Domini eighteen hun- dred and sixty-five, having previously served six months or more, or was prevented from completing his term of service by reason of wounds received or disease contracted in the line of duty, but who, by reason of absence from his command at the time he became enti- tled to his discharge, failed to be mustered out and to receive a discharge from the service: Provided, That no such appointed or enlisted man shall be relieved under this section who, not being sick or wounded, left his command, without proper authority, while the same was in presence of the enemy. Act Aug. 14, 1888, c. 890, § 1, 25 Stat. 442. Removal from record of charge of desertion against men of Navy or Marine Corps who served in civil war; return to duty or death after desertion. Sec. 2. That the Secretary of the Navy is hereby authorized to remove the charge of desertion standing on the rolls or records of the Navy or Marine Corps against any appointed or enlisted man of the Navy or Marine Corps who served in the late war, in all cases where it shall be made to appear, to the satisfaction of the Secretary of the Navy, from such rolls or from other satisfactory evidence, Sec. 1427) - Tit. 15— THE NAVY 1013 - Ch. 1. that such appointed or enlisted man charged with desertion or with absence without leave, after such charge of desertion or absence without leave, and within a reasonable time thereafter, voluntarily returned to and served in the line of his duty until he was mustered out of the service, and received a certificate of discharge therefrom, or, while so absent, and before the expiration of his term of enlist- ment, died from wounds, injury, or disease received or contracted , in the service and in the line of duty. Act Aug. 14, 1888, c. 890, § 2, 25 Stat. 442. Removal from record of charge of desertion against men of Navy or Marine Corps who served in civil war; re-enlistment without dis- charge from previous enlistment. Sec. 3. That the charge of desertion now standing on the rolls or records of the Navy or Marine Corps against any appointed or en- listed man of the Navy or Marine Corps who served in the late war, by reason of his having enlisted at any station or on board of any vessel of the Navy without having first received a discharge from the station or vessel in which he had previously served, shall be removed in all cases wherein it shall be made to appear to the satisfaction of the Secretary of the Navy from such rolls and rec- ords, or from other satisfactory testimony, that such re-enlistment was not made for the purpose of securing bounty or other gratuity that he would not have been entitled to, had he remained under his original term of enlistment: Provided, That no appointed or enlisted man shall be relieved under this act who, not being sick or wounded, left his command without proper authority while the same was in presence of the enemy, or who, at the time of leaving his command, was in arrest or under charges, or in whose case the period of absence from the service exceeded three months. Act Aug. 14, 1888, c. 890, $ 3, 25 Stat. 442. Certificate of discharge on removal of charge of desertion. Sec. 4. That in all cases where the charge of desertion shall be removed under the provisions of this act from the record of any appointed or enlisted man of the Navy or Marine Corps who has not received a certificate of discharge it shall be the duty of the Secre- tary of the Navy to issue to such appointed or enlisted man, or in case of his death, to his heirs or legal representatives, a certificate of discharge. Act Aug. 14, 1888, c. 890, $ 4, 25 Stat. 443. Effect of removal of charge of desertion on right to pay and bounty; application for relief. Sec. 5. That when the charge of desertion shall be removed under the provisions of this act from the record of any appointed or en- listed man of the Navy or Marine Corps, such man, or, in case of his death, the heirs or legal representatives of such man, shall receive all pay and bounty which may have been withheld on account of such charge of desertion or absence without leave: Provided, how- ever, That this act shall not be so construed as to give to any such man as may be entitled to relief under the provisions of this act, or, 1014 (Sec. 1427 - Tit. 15— THE NAVY-Ch. 1. — in case of his death, to the heirs or legal representatives of any such man, the right to receive pay and bounty for any period of time during which such man was absent from his command without leave of absence: And provided further, That no appointed or enlisted man, nor the heirs or legal representatives of any such man, who served in the Navy or Marine Corps a period of less than six months shall be entitled to the benefit of the provisions of this act: And provided further, That all applications for relief under this act shall be made to and filed with the Secretary of the Navy within the period of five years from and after its passage, and all applications not so made and filed within the said term of five years shall be forever barred, and shall not be received or considered. Act Aug. 14, 1888, c. 890, § 5, 25 Stat. 443. The limitation by this section of the time for applications for relief un- der this act is removed, and the act is revived and re-enacted, by amend- ment of this section by Act May 24, 1900, c. 550, set forth below. Repeal. Sec. 6. That all acts and parts of acts inconsistent with the provi- sions of this act are hereby repealed. Act Aug. 14, 1888, c. 890, $ 6, 25 Stat. 443. Provisions similar to those of this act, for the removal from the record of charges of desertion against soldiers of the civil war, are con- tained in Act March 2, 1889, c. 390, ante, following Rev. St. $ 1230. ACT MAY 24, 1900, c. 550. An Act to Amend Section Five of an Act to Relieve Certain Ap- pointed or Enlisted Men of the Navy and Marine Corps from the Charge of Desertion, Approved August Fourteenth, Eighteen Hundred and Eighty-Eight. (31 Stat. 183.) Revival and re-enactment of act to relieve from charge of desertion. Be it enacted, etc., That chapter eight hundred and ninety, volume twenty-five, of the United States Statutes at Large, entitled “An Act to relieve certain appointed or enlisted men of the Navy and Marine Corps from the charge of desertion,” approved August four- teenth, eighteen hundred and eighty-eight be, and the same is hereby, revived and reenacted. Act May 24, 1900, c. 550, § 1, 31 Stat. 183. Removal of limitation of time for application for relief. Sec. 2. That section five of the said Act be, and is hereby, so amended as to remove the limitation of time within which applications for relief may be received and acted upon under the provisions of said Act. Act May 24, 1900, c. 550, $ 2, 31 Stat. 183. Secs. 1428-1129) 1015 Tit. 15—THE NAVY-Ch. 2. CHAPTER TWO. General Provisions Relating to Officers. Sec. 1428. Citizenship. 1429. Report of men entitled to honor- able discharge. Act Feb. 8, 1889, c. 115. Honorably discharged seamen, etc.; temporary home on receiving-ship. 1430. To discourage sale of prize-money or wages. 1431. Duty as to granting leave and lib- erty. 1432. Acting as paymasters. 1433. Consular powers. Act Jan. 25, 1895, c. 45. Administration of oaths. 1434. Command of squadrons. 1435. Lieutenant-commanders, how as- signable. Sec. 1436. Staff officers who have been chiefs of Bureaus. 1437. Officers detailed for service of the War Department. 1438. Officers to act as store-keepers on foreign stations. 1439. Bonds of. 1440. Accepting appointments in diplo- matic service. Act June 10, 1896, c. 399. Employment by person or company furnishing naval supplies or war material. 1441. Officers dismissed, or resigning to escape dismissal. 1442. Placing on furlough. Sec. 1428. Citizenship. The officers of vessels of the United States shall in all cases be citi- zens of the United States. Act June 28, 1864, c. 170, § 1, 13 Stat. 201. Sec. 1429. Report of men entitled to honorable discharge. It shall be the duty of every commanding officer of a vessel, on returning from a cruise, and immediately on his arrival in port, to forward to the Secretary of the Navy a list of the names of such of the crew who enlisted for three years as, in his opinion, on being dis- charged, are entitled to an "honorable discharge” as a testimonial of fidelity and obedience; and he shall grant the same to the persons so designated. Act March 2, 1855, c. 136, § 1, 10 Stat. 627. Honorable discharges were authorized for seamen, ordinary seamen, landsmen, firemen, coal heavers, and boys who had enlisted for three years, by Rev. St. § 1426, and for all enlisted persons in the Navy, by joint resolution of June 11, 1896, No. 62, ante, under Rev. St. 8 1426. ACT FEB. 8, 1889, c. 115. An Act to Provide a Temporary Home for Certain Persons Dis- charged from the United States Navy. (25 Stat. 657.) Honorably discharged seamen, etc.; temporary home on receiving- ship. Be it enacted, &c., That the Secretary of the Navy be, and he is 1016 (Secs. 1429-1433 Tit. 15—THE NAVY-Ch. 2. hereby, authorized to permit any person receiving the honorable dis- charge authorized by section fourteen hundred and twenty-nine of the Revised Statutes to elect a home on board of any of the United States receiving-ships, during any portion of the three months granted by law as the limit of time within which to receive the pecuniary benefit of such discharge, the men so choosing a home to be entitled to one ration per day for their keeping while furnished with such home, but not to pay, other than that authorized by section fifteen hundred and seventy-three of the Revised Statutes of the United States upon re-enlistment: Provided, That the persons so furnished with a home shall be amenable to such regulations as may be pre- scribed by the Secretary of the Navy or other competent authority. Act Feb. 8, 1889, c. 115, 25 Stat. 657. Rev. St. § 1573, referred to in this act, provides that discharged sea- men, etc., who, having received an "honorable discharge," re-enlist for three years within three months from the date of their discharge, shall be entitled to service pay for the said three months. Sec. 1430. To discourage sale of prize-money or wages. Every commanding officer of a vessel is required to discourage his crew from selling any part of their prize-money, bounty-money, or wages, and never to attest any power of attorney for the transfer thereof until he is satisfied that the same is not granted in considera- tion of money given for the purchase of prize-money, bounty-money, or wages. Act June 30, 1864, c. 174, $ 12, 13 Stat. 310. Assignments, powers of attorney, warrants, etc., are void unless at- tested by the captain, or other commanding officer, and paymaster, by Rev. St. $ 4643. All provisions of law authorizing the distribution of prize-money or the payment of bounty for the sinking or destruction of vessels of the enemy in time of war are repealed by a provision of Act March 3, 1899. c. 413, § 13, post, following Rev. St. $ 1556. Sec. 1431. Duty as to granting leave and liberty. It shall be the duty of commanding officers of vessels, in granting temporary leave of absence and liberty on shore, to exercise carefully a discrimination in favor of the faithful and obedient. Act March 2, 1855, c. 136, § 3, 10 Stat. 627. Sec. 1432. Acting as paymasters. No commanding officer of any vessel of the Navy shall be re- quired to perform the duties of a paymaster, passed assistant paymas- ter, or assistant paymaster. Act July 17, 1861, c. 4, § 4, 12 Stat. 258. Sec. 1433. Consular powers. The commanding officer of any fleet, squadron, or vessel acting Secs. 1433–1435) 1017 Tit. 15— THE NAVY--Ch. 2. singly, when upon the high seas or in any foreign port where there is no resident consul of the United States, shall be authorized to exer- cise all the powers of a consul in relation to mariners of the United States. Act Feb. 20, 1845, c. 17, § 2, 5 Stat. 725. ACT JAN. 25, 1895, c. 45. [As amended 1901.] An Act authorizing certain officers of the Navy and Marine Corps to administer oaths. (28 Stat. 639.) Administration of oaths. Be it enacted, etc., That judges-advocate of naval general courts- martial and courts of inquiry, and all commanders in chief of naval squadrons, commandants of navy-yards and stations, officers com- manding vessels of the Navy, and recruiting officers of the Navy, and the adjutant and inspector, assistant adjutant and inspector, com- manding officers, and recruiting officers of the Marine Corps be, and the same are hereby, authorized to administer oaths for the purposes of the administration of naval justice and for other purposes of naval administration. Act Jan. 25, 1895, c. 45, 28 Stat. 639. Act March 3, 1901, c. 834, 31 Stat. 1086. The amendment of this act by Act March 3, 1901, c. 834, cited above, consists in the omission, after the words "commandants of navy-yards and stations,” of the word "and," contained in the original act, and the insertion, after the words "adjutant and inspector,” of the words "assistant adjutant and inspector.” Similar provisions for the administration of oaths by officers of the Army are contained in Act July 27, 1892, c. 272, § 4, ante, following Rev. St. $ 1202. Sec. 1434. Command of squadrons. The President may select any officer not below the grade of com- mander on the active list of the Navy, and assign him to the com- mand of a squadron, with the rank and title of “flag-officer;” and any officer so assigned shall have the same authority and receive the same obedience from the commanders of ships in his squadron, holding commissions of an older date than his, that he would be entitled to receive if his commission were the oldest. Act Dec. 21, 1861, c. 1, $ 4, 12 Stat. 329. Similar provisions relating to officers on the retired list are contained in Rev. St. 8 1464. Sec. 1435. Lieutenant-commanders, how assignable. Lieutenant-commanders may be assigned to duty as first lieuten- ants of naval stations, as navigation and watch officers on board of vessels of war, and as first lieutenants of vessels not commanded by lieutenant-commanders. Act July 16, 1862, c. 183, § 3, 12 Stat. 584. Act July 25, 1866, c. 231, § 5, 14 Stat. 223. 1018 (Secs. 1436–1440 Tit. 15—- THE NAVY--Ch. 2. Sec. 1436. Staff officers who have been chiefs of Bureaus. Any staff officer of the Navy who has performed the duty of a chief of a Bureau of the Navy Department for a full term shall there- after be exempt from sea duty, except in time of war. Act March 3, 1871, c. 117, $ 10, 16 Stat. 537. The appointment of chiefs of bureaus of the Navy Department from officers of the Navy is authorized by Rev. St. $$ 421-426. Sec. 1437. Officers detailed for service of the War Department. The President may detail, temporarily, three competent naval offi- cers for the service of the War Department in the inspection of trans- port vessels, and for such other services as may be designated by the Secretary of War. Act Feb. 12, 1862, c. 21, 12 Stat. 338. As many officers of the Army and Navy as will be compatible with the successful prosecution of the work are to be employed in the Coast Survey, by Rev. St. $$ 4684, 4687. Officers of the Navy may volunteer for service on vessels carrying ocean mails under contracts authorized by Act March 3, 1891, c. 519, and may be assigned to such duty by the Secretary of the Navy, and while in such employment may receive furlough pay from the Gov- ernment, and such other compensation from the contractors as may be agreed upon, by Act March 3, 1891, c. 519, § 7, post, under Rev. St. $ 4011. Sec. 1438. Officers to act as store-keepers on foreign stations. The Secretary of the Navy shall order a suitable commissioned or warrant officer of the Navy, except in the case provided in section fourteen hundred and fourteen, to take charge of the naval stores for foreign squadrons at each of the foreign stations where such stores may be deposited, and where a store-keeper may be necessary. Act June 17, 1844, c. 107, § 1, 5 Stat. 700. Act March 3, 1847, c. 48, § 3, 9 Stat. 172. Rev. St. § 1414, referred to in this section, provides for appointment of citizens as store-keepers on foreign stations when suitable officers of the Navy cannot be ordered on such service, or the public interest will be thereby promoted. Sec. 1439. Bonds of. Every officer so acting as store-keeper on a foreign station shall be required to give a bond, in such amount as may be fixed by the Sec- retary of the Navy, for the faithful performance of his duty. Act June 17, 1844, c. 107, § 1, 5 Stat. 700, 701. Sec. 1440. Accepting appointments in diplomatic service. If any officer of the Navy accepts or holds an appointment in the Secs. 1440–1442) 1019 Tit. 15— THE NAVY-Ch. 3. diplomatic or consular service of the government, he shall be consid- ered as having resigned his place in the Navy, and it shall be filled as a vacancy. Act March 30, 1868, c. 38, § 2, 15 Stat. 58. A similar provision relating to officers of the Army is contained in Rev. St. § 1223. ACT JUNE 10, 1896, c. 399. Employment by person or company furnishing naval supplies or war material. * * That hereafter no payment shall be made from appropria- tions made by Congress to any officer in the Navy or Marine Corps on the active or retired list while such officer is employed, after June thirtieth, eighteen hundred and ninety-seven, by any person or com- pany furnishing naval supplies or war material to the Government; and such employment is hereby made unlawful after said date. Act June 10, 1896, c. 399, 29 Stat. 361. This is a proviso annexed to the appropriation for pay of the Navy in the naval appropriation act for the fiscal year ending June 30, 1897, cited above. * * Sec. 1441. Officers dismissed, or resigning to escape dismissal. No officer of the Navy who has been dismissed by the sentence of a court-martial, or suffered to resign in order to escape such dis- missal, shall ever again become an officer of the Navy. Act July 16, 1862, c. 183, § 11, 12 Stat. 585. Sec. 1442. Placing on furlough. The Secretary of the Navy shall have authority to place on fur- lough any officer on the active list of the Navy. Act March 3, 1835, c. 27, § 1, 4 Stat. 756, 757. Act March 3, 1845, c. 77, $ 6, 5 Stat. 794. Act Feb. 28, 1855, c. 127, § 3, 10 Stat. 617. Act June 1, 1860, c. 67, § 4, 12 Stat. 27. CHAPTER THREE. Retired Officers [and Men] of the Navy. Sec. 1443. After forty years' service. 1444. After sixty-two years of age, or Sec. 1447. Officers rejected from promotion. Act Aug. 5, 1882, c. 391, $ 1. Officers rejected from promotion for forty-five years' service. 1445. Officers of certain ranks to be retired only for disa bility. 1446. Officers who have received a vote of thanks. unfitness from drunkenness or mis- conduct. 1448. Retiring-board. 1449. Powers and duties of. 1020 (Secs. 1443-14 15 Tit. 15—THE NAVY - Ch. 3. Sec. 1450. Oath of members. 1451. Findings. 1452. Revision by the President. 1453. Disability by an incident of the service. 1454. Disability by other causes. 1455. Not to be retired without a hear- ing. 1456. Not to be retired for misconduct. Act March 3, 1899, c. 413, SS 8, 9. 8. Deficiency in average vacancies; voluntary retirement. 9. Deficiency in average vacancies; involuntary retirement; retir- ing-board; promotions to fill va- cancies. 1457. Privileges and liabilities. Act March 3, 1899, c. 413, & 11. Retired rank and pay of officers who served during the civil war. 1458. Vacancies by retirement. 1459. Withdrawn from command. Sec. Act Aug. 5, 1882, c. 391, $ 1. No promotion or increase of pay. 1460. [Superseded.] 1461. [Superseded.] Act March 2, 1895, c. 186. Detail as professors in schools and colleges. 1462. Active duty. Act June 7, 1900, c. 859. Active duty authorized; pay, etc. 1463. Assigned to command of squad- rons and ships. 1464. Commanders of squadrons, from what grades selected. 1463. When restored to active list. Act Aug. 1, 1894, c. 176. Retirement and pay of mates in the service. Act March 3, 1899, c. 413, & 17. Retirement of enlisted men and ap- pointed petty officers. Sec. 1443. After forty years' service. When any officer of the Navy has been forty years in the service of the United States he may be retired from active service by the President upon his own application. Act Aug. 3, 1861, c. 42, $ 21, 12 Stat. 290. Sec. 1444. After sixty-two years of age, or forty-five years' service. When any officer below the rank of Vice-Admiral is sixty-two years old, he shall, except in the case provided in the next section, be retired by the President from active service. Act Dec. 21, 1861, c. 1, § 1, 12 Stat. 329. Act July 16, 1862, c. 183, § 8, 12 Stat. 584. Act June 25, 1864, c. 152, § 1, 13 Stat. 183. Act Dec. 21, 1864, c. 6, § 3, 13 Stat. 420. Act March 3, 1873, c. 230, 17 Stat. 556. Nothing in Act March 3, 1899, c. 413, § 7, which prescribes the com- position of the active list of the line, omitting the grade of commodore, is to be construed to prevent the retirement of officers then having that rank or relative rank with the rank and pay of that grade, by a proviso annexed to that section, ante, following Rev. St. 8 1364. Sec. 1445. Officers of certain ranks to be retired only for disability. The two preceding sections shall not apply to any lieutenant-com- mander, lieutenant, master, ensign, midshipman, passed assistant sur- geon, passed assistant paymaster, first assistant engineer, assistant surgeon, assistant paymaster, or second assistant engineer; and such Secs. 1445-1447) 1021 Tit. 15--THE NAVY Ch. 3. officers shall not be placed upon the retired list, except on account of , physical or mental disability. Act July 15, 1870, c. 295, $ 6, 16 Stat. 333. The title of the grade of master was changed to that of lieutenant, and the title of the grade of midshipman to that of ensign, by Act March 3, 1883, c. 97, § 1, ante, following Rev. St. § 1367. And the title of the grade of first assistant engineer was changed to passed assistant engineer, and that of second assistant engineer to assistant engineer, by Act Feb. 24, 1874, c. 35, § 1, 18 Stat. 17. But the officers of the Engineer Corps are transferred to the line by Act March 3, 1899, c. 413, 98 1-7, ante, following Rev. St. $ 1364. Sec. 1446. Officers who have received a vote of thanks. Officers on the active list, not below the grade of commander, who have, upon the recommendation of the President, received by name, during the war for the suppression of the rebellion, a vote of thanks of Congress for distinguished service, shall not be retired, ex- cept for cause, until they have been fifty-five years in the service of the United States. Act July 16, 1862, c. 183, § 8, 12 Stat. 584. A provision for placing on the retired list officers of the Volunteer Navy, not appointed in the Regular Navy, for physical disqualification which occurred in the line of duty, was contained in Act Feb. 15, 1879, c. 83, § 1, 20 Stat. 294. It is omitted as temporary merely and ex- ecuted. Officers on the retired list, detailed for command of squadrons and single ships, may be restored to the active list, on receiving a vote of thanks of Congress, by Rev. St. § 1465. Sec. 1447. Officers rejected from promotion. When the case of any officer has been acted upon by a board of naval surgeons and an examining board for promotion, as provided in Chapter Four of this Title, and he shall not have been recommended for promotion by both of the said boards, he shall be placed upon the retired list. Act April 21, 1864, c. 63, § 4, 13 Stat. 53. Provisions for examination for promotion are contained in Rev. St. SS 1493-1505. An officer found unfit for promotion by reason of drunkenness or any cause arising from his own misconduct is not to be placed on the retired list, but is to be discharged, by a provision of Act Aug. 5, 1882, c. 391, § 1, set forth below. ACT AUG. 5, 1882, c. 391, $ 1. Officers rejected from promotion for unfitness from drunkenness or misconduct. That whenever on an inquiry had pursuant to law, concern- ing the fitness of an officer of the Navy for promotion, it shall appear that such officer is unfit to perform at sea the duties of the place to which it is proposed to promote him, by reason of drunkenness, or from any cause arising from his own misconduct, and having been 1022 (Secs. 1447–1452 Tit. 15— THE NAVY —Ch. 3. informed of and heard upon the charges against him, he shall not be placed on the retired-list of the Navy, and if the finding of the board be approved by the President, he shall be discharged with not more than one year's pay. Act Aug. 5, 1882, c. 391, § 1, 22 Stat. 286. This is a proviso annexed to the appropriation for pay of the retired list in the naval appropriation act for the year ending June 30, 1883, cited above. * * Sec. 1448. Retiring-board. Whenever any officer, on being ordered to perform the duties ap- propriate to his commission, reports himself unable to comply with such order, or whenever, in the judgment of the President, an officer is incapacitated to perform the duties of his office, the President, at his discretion, may direct the Secretary of the Navy to refer the case of such officer to a board of not more than nine nor less than five commissioned officers, two-fifths of whom shall be members of the Medical Corps of the Navy. Said board, except the officers taken from the Medical Corps, shall be composed, as far as may be, of seniors in rank to the officer whose disability is inquired of. Act Aug. 3, 1861, c. 42, 8 23, 12 Stat. 291. Sec. 1449. Powers and duties of. Said retiring-board shall be authorized to inquire into and deter- mine the facts touching the nature and occasion of the disability of any such officer, and shall have such powers of a court-martial and of a court of inquiry as may be necessary. Act Aug. 3, 1861, c. 42, § 17, 12 Stat. 290. Sec. 1450. Oath of members. The members of said board shall be sworn in each case to discharge their duties honestly and impartially. Act Aug. 3, 1861, c. 42, § 23, 12 Stat. 291. Sec. 1451. Findings. When said retiring-board finds an officer incapacitated for active service, it shall also find and report the cause which, in its judgment, produced his incapacity, and whether such cause is an incident of the service. Act Aug. 3, 1861, c. 42, § 23, 12 Stat. 291. Sec. 1452. Revision by the President. A record of the proceedings and decision of the board in each case Secs. 1453-1456) - Tit. 15—THE NAVY 1023 - Ch. 3. shall be transmitted to the Secretary of the Navy, and shall be laid by him before the President for his approval or disapproval, or orders in the case. Act Aug. 3, 1861, c. 42, § 23, 12 Stat. 291. Sec. 1453. Disability by an incident of the service. When a retiring-board finds that an officer is incapacitated for ac- tive service, and that his incapacity is the result of an incident of the service, such officer shall, if said decision is approved by the Presi- dent, be retired from active service with retired pay, as allowed by Chapter Eight of this Title. Act Aug. 3, 1861, c. 42, $ 23, 12 Stat. 291. The pay of retired officers is prescribed by Rev. St. $ 1588. Sec. 1454. Disability by other causes. When said board finds that an officer is incapacitated for active service and that his incapacity is not the result of any incident of the service, such officer shall, if said decision is approved by the Presi- dent, be retired from active service on furlough-pay, or wholly retired from service with one year's pay, as the President may determine. Act Aug. 3, 1861, c. 42, § 23, 12 Stat. 291. The pay of officers retired on furlough pay is prescribed by Rev. St. $ 1593. Sec. 1455. Not to be retired without a hearing. No officer of the Navy shall be retired from active service, or wholly retired from the service, without a full and fair hearing before such Navy retiring-board, if he shall demand it, except in cases where he may be retired by the President at his own request, or on account of age or length of service, or on account of his failure to be recom- mended by an examining board for promotion. Act Aug. 3, 1861, c. 42, $ 23, 12 Stat. 291. Sec. 1456. Not to be retired for misconduct. No officer of the Navy shall be placed on the retired list because of misconduct; but he shall be brought to trial by court-martial for such misconduct. Act July 15, 1870, c. 295, § 6, 16 Stat. 333. An officer found unfit for promotion, on examination therefor, by rea- son of any cause arising from his own misconduct, is not to be placed on the retired list, but is to be discharged, by a provision of Act Aug. 5, 1882, c. 391, § 1, ante, following Rev. St. § 1447. ACT MARCH 3, 1899, c. 413, $$ 8, 9. Deficiency in average vacancies; voluntary retirement. Sec. 8. That officers of the line in the grades of captain, commander, 1024 (Secs. 1456-1457 Tit. 15—THE NAVY —Ch. 3. and lieutenant-commander may, by official application to the Secretary of the Navy, have their names placed on a list which shall be known as the list of “Applicants for voluntary retirement,” and when at the end of any fiscal year the average vacancies for the fiscal years subsequent to the passage of this Act above the grade of commander have been less than thirteen, above the grade of lieutenant-com- mander less than twenty, above the grade of lieutenant less than twenty-nine, and above the grade of lieutenant (junior grade) less than forty, the President may, in the order of the rank of the applicants, place a sufficient number on the retired list with the rank and three- fourths the sea pay of the next higher grade, as now existing, in- cluding the grade of commodore, to cause the aforesaid vacancies for the fiscal year then being considered. Act March 3, 1899, c. 413, § 8, 30 Stat. 1004. Deficiency in average vacancies; involuntary retirement; retiring- board; promotions to fill vacancies. Sec. 9. That should it be found at the end of any fiscal year that the retirements pursuant to the provisions of law now in force, the volun- tary retirements provided for in this Act, and casualties are not sufficient to cause the average vacancies enumerated in section eight of this Act, the Secretary of the Navy shall, on or about the first day of June, convene a board of five rear-admirals, and shall place at its disposal the service and medical records on file in the Navy Department of all the officers in the grades of captain, commander, lieutenant-commander, and lieutenant. The board shall then select, as soon as practicable after the first day of July, a sufficient number of officers from the before-mentioned grades, as constituted on the thirtieth day of June of that year, to cause the average vacancies enumerated in section eight of this Act. Each member of said board shall swear, or affirm, that he will, without prejudice or par- tiality, and having in view solely the special fitness of officers and the efficiency of the naval service, perform the duties imposed upon him by this Act. Its finding, which shall be in writing, signed by all the members, not less than four governing, shall be transmitted to the President, who shall thereupon, by order, make the transfers of such officers to the retired list as are selected by the board: Pro- vided, That not more than five captains, four commanders, four lieu- tenant-commanders, and two lieutenants are so retired in any one year. The promotions to fill the vacancies thus created shall date from the thirtieth day of June of the current year: And provided further, That any officer retired under the provisions of this section shall be retired with the rank and three-fourths the sea pay of the next higher grade, including the grade of commodore, which is re- tained on the retired list for this purpose. Act March 3, 1899, c. 413, § 9, 30 Stat. 1004. Sec. 1457. Privileges and liabilities. Officers retired from active service shall be placed on the retired list of officers of the grades to which they belonged respectively at Secs. 1457-1459) 1025 Tit. 15— THE NAVY —Ch. 3. the time of their retirement, and continue to be borne on the Navy Register. They shall be entitled to wear the uniform of their re- spective grades, and shall be subject to the rules and articles for the government of the Navy and to trial by general court-martial. The names of officers wholly retired from the service shall be omitted from the Navy Register. Act Jan. 16, 1857, c. 12, § 4, 11 Stat. 154. Act Aug. 3, 1861, c. 42, 88 22-24, 12 Stat. 290, 291. The pay, emoluments, and allowances of retired officers are prescribed by Rev. St. $$ 1588-1595. Special provisions relating to the retired rank and pay of officers who served during the civil war are contained in Act March 3, 1899, c. 413, § 11, set forth below. The rank of retired officers of the staff corps is prescribed by Rev. St. 88 1481, 1482. Retired officers are specifically excepted from the provision forbidding all persons holding an office, the salary or annual compensation attached to which amounts to $2,500, from holding any other lucrative office, contained in Act July 31, 1894, c. 174, § 2, post, under Rev. St. § 1765. ACT MARCH 3, 1899, c. 413, § 11. Ketired rank and pay of officers who served during the civil war. That any officer of the Navy, with a creditable record, who served during the civil war, shall, when retired, be retired with the rank and three-fourths the sea pay of the next higher grade. Act March 3, 1899, c. 413, § 11, 30 Stat. 1007. Sec. 1458. Vacancies by retirement. The next officer in rank shall be promoted to the place of a re- tired officer, according to the established rules of the service; and the same rule of promotion shall be applied successively to the vacancies consequent upon the retirement of an officer. Act Aug. 3, 1861, c. 42, § 22, 12 Stat. 291. Act Dec. 21, 1862, c. 1, § 6, 12 Stat. 330. Sec. 1459. Withdrawn from command. Officers on the retired list shall be withdrawn from command, ex- cept in the case provided in sections fourteen hundred and sixty- three and fourteen hundred and sixty-four, and from the line of promotion on the active list. Act Aug. 3, 1862, c. 42, § 22, 12 Stat. 290. Act Dec. 21, 1861, c. 1, $$ 3, 4, 12 Stat. 329. Provisions for employment, during a limited period, of retired officers on active duty, are contained in Act June 7, 1900, c. 859, post, follow- ing Rey. St. § 1462. ACT AUG. 5, 1882, c. 391, § 1. No promotion or increase of pay. * * Hereafter there shall be no promotion or increase of pay in the retired list of the Navy but the rank and pay of officers on LAWS '01-65 1026 (Secs. 1459-1462 Tit. 15—THE NAVY—Ch. 3. the retired list shall be the same that they are when such officers shall be retired. Act Aug. 5, 1882, c. 391, § 1, 22 Stat. 286. This is a provision of the naval appropriation act for the year ending June 30, 1883, cited above. It supersedes the provisions of Rey. St. $8 1460, 1461, for promotions on the retired list. Sec. 1460. [Superseded. Act Aug. 5, 1882, c. 391, § 1.] This section, as amended by Act Aug. 15, 1876, c. 302, § 1, 19 Stat. 204, provided that there might be allowed upon the retired list of the Navy nine rear-admirals by promotion, and also that the Secretary of the Navy might promote to the grade of rear-admiral on the retired list, in addition to that number, certain commodores. It is superseded by a provision of Act Aug. 5, 1888, c. 391, § 1, set forth above. Sec. 1461. [Superseded. Act Aug. 5, 1882, c. 391, § 1.] This section provided that officers on the retired list should be en- titled to promotion as their several dates upon the active list should be promoted, with exceptions and restrictions in the case of rear-admirals. It is superseded by a provision of Act Aug. 5, 1882, c. 391, § 1, ante, fol- lowing Rev. St. $ 1459. ACT MARCH 2, 1895, c. 186. Detail as professors in schools and colleges. * * That any retired officer of the Navy or Marine Corps may, on his own application, be detailed to service as a teacher or pro- fessor in any school or college, but while so serving such officer shall be allowed no additional compensation. * * Act March 2, 1895, c. 186, 28 Stat. 826. This is a proviso annexed to the appropriation for pay of officers in the naval appropriation act for the fiscal year ending June 30, 1896. The detail, for similar purposes, of retired officers of the Army as well as of the Navy, and of officers on the active list as well as retired officers, is authorized by Rev. St. $8 1225, 1260, and subsequent pro- visions set forth under those sections. The detail of engineer officers as professors in scientific schools or colleges is authorized by Act Feb. 26, 1879, c. 105, ante, following Rev. St. $ 1393. The detail of officers of the Navy as superintendents of or instructors in nautical schools is authorized by Act June 20, 1874, c. 339, and Act March 3, 1881, c. 141, post, at end of chapter 6 of this Title. The employment of officers on the active or retired list by any firm or company furnishing naval supplies or war material to the govern- ment is declared unlawful by a provision of Act June 10, 1896, c. 399, ante, following Rev. St. § 1440. Sec. 1462. Active duty. No officer on the retired list of the Navy shall be employed on active duty except in time of war. Act March 3, 1873, c. 230, 17 Stat. 547. The employment, during a limited period, of retired officers on duty Secs. 1462-1465) 1027 Tit. 15— THE NAVY-Ch. 3. at sea or on shore, is authorized by a provision of Act June 7, 1900, c. 859, set forth below. Retired officers may be employed on the river and harbor improve ments of the United States, and may receive compensation therefor, by Act June 3, 1896, c. 314, § 7, post, under Rev. St. 8 1765. ACT JUNE 7, 1900, c. 859. Active duty authorized; pay, etc. * * During a period of twelve years from the passage of this Act any naval officer on the retired list may, in the discretion of the Secretary of the Navy, be ordered to such duty as he may be able to perform at sea or on shore, and while so employed shall re- ceive the pay and allowances of an officer of the active list of the grade from which he was retired. Act June 7, 1900, c. 859, 31 Stat. 703. This is a provision of the naval appropriation act for the year ending June 30, 1901, cited above. * * Sec. 1463. Assigned to command of squadrons and ships. In time of war the President, by and with the advice and consent of the Senate, may detail officers on the retired list for the command of squadrons and single ships, when he believes that the good of the service requires that they shall be so placed in command. Act Dec. 21, 1861, c. 1, 83, 12 Stat. 329. Act March 3, 1873, c 230, § 1, 17 Stat. 547. Sec. 1464. Commanders of squadrons, from what grades selected. In making said details the President may select any officer not below the grade of commander and assign him to the command of a squadron, with the rank and title of "flag-officer;" and any officer so assigned shall have the same authority and receive the same obedience from the commanders of ships in his squadron holding commissions of an older date than his that he would be entitled to receive if his commission were the oldest. Act Dec. 21, 1861, c. 1, § 4, 12 Stat. 329. Similar provisions relating to officers on the active list are contained in Rev. St. § 1434. Sec. 1465. When restored to active list. Retired officers so detailed for the command of squadrons and single ships may be restored to the active list, if, upon the recom- mendation of the President, they shall receive a vote of thanks of Congress for their services and gallantry in action against the enemy, and not otherwise. Act Dec. 1861, c. 1, § 3, 12 Stat. 329. 1028 (Sec. 1465 Tit. 15—THE NAVY —Ch. 3. ACT AUG. 1, 1894, c. 176. An Act Relating to the Pay and Retirement of Mates in the United States Navy. (28 Stat. 212.) Retirement and pay of mates in the service. Be it enacted, &c., That the law regulating the retirement of war- rant officers in the Navy shall be construed to apply to the twenty- eight officers now serving as mates in the Navy, and the said mates shall be entitled to receive annual pay at the rates following: When at sea, one thousand two hundred dollars; on shore duty, nine hun- dred dollars; on leave or waiting orders, seven hundred dollars : Provided, however, That nothing herein contained shall be so con- strued as to authorize any increase of pay for any time prior to the passage of this Act. Act Aug. 1, 1894, c. 176, 28 Stat. 212. The law regulating the retirement of warrant officers, referred to in this act, is contained in the preceding provisions of this chapter relat- ing to officers of the Navy. Warrant machinists are to be retired under the provisions for war- rant officers, by Act March 3, 1899, c. 413, § 15, ante, following Rev. St. $ 1406. General provisions for the retirement of appointed petty officers are contained in Act March 3, 1899, c. 413, § 17, set forth below. ACT MARCH 3, 1899, c. 413, § 17. Retirement of enlisted men and appointed petty officers. That when an enlisted man or appointed petty officer has served as such thirty years in the United States Navy, either as an enlisted man or petty officer, or both, he shall, by making application to the President, be placed on the retired list hereby created, with the rank held by him at the date of retirement; and he shall thereafter re- ceive seventy-five per centum of the pay and allowances of the rank or rating upon which he was retired : Provided, That if said en- listed man or appointed petty officer had active service in the Navy or in the Army or Marine Corps, either as volunteer or regular, during the civil or Spanish-American war, such war service shall be computed as double time in computing the thirty years neces- sary to entitle him to be retired: And provided further, That applicants for retirement under this section shall , unless physically disqualified for service, be at least fifty years of age. Act March 3, 1899, c. 413, § 17, 30 Stat. 1008. Sec. 1466) 1029 Tit. 15—THE NAVY —Ch- . 4. CHAPTER FOUR. Rank and Precedence, Promotion and Advancement. Sec. OF RANK AND PRECEDENCE. 1466. Relative rank of Navy and Army officers. 1467. Rank according to date. 1468. Commanding officers of vessels and stations. 1469. Aid or executive officer. 1470. Staff officers, when to communi- cate directly with commanding officer. 1471. Chiefs of Bureaus. 1472. [Superseded.] 1473. Retired from position of chief of bureau. 1474. Medical Corps. 1475. Pay Corps. 1476. [Superseded.] 1477. [Superseded.] 1478. Civil engineers. 1479. Chaplains. 1480. Professors of mathematics; [ap- pointment and commissions of officers in staff corps.] 1481. When retired for age or length of service. 1482. Retired for causes incident to servire. 1483. [Superseded.] 1484. [Superseded.] 1485. Precedence by length of service. 1486. Length of service, how estimated. 1487. Quarters. 1488. Military command. 1489. Processions, boards, etc. 1490. Ensigns as steerage officers. 1491. Warrant officers. 1492. Revenue-cutter officers serving as part of the Navy. Sec. OF PROMOTION AND ADVANCE- MENT. 1493. Physical examination. 1494. Physical disqualification by wounds. 1495. Examinations, when; and effect of. 1496. Examination of professional fit- ness. 1497. Promotion to rear-admiral in time of peace. 1498. Examining board. 1499. Powers of. 1500. Officer may be present and make statement. 1501. Record. 1502. Revision by the President. 1503. No officer to be rejected without examination. 1504. Report of recommendation. Act June 18, 1878, c. 267. 1. Conclusiveness of examination, on subsequent examination. 2. [Temporary.] 1505. Failing in examination. 1506. Advancement in number. 1507. Promotion when grade is full. Act March 3, 1901, c. 852. Advancement for service during war with Spain not to interfere with promotions. 1508. Officers receiving thanks of Con- gress. 1509. Effect of vote of thanks. 1510. Vacancies occasioned by death, etc., of officers thanked. OF RANK AND PRECEDENCE. Sec. 1466. Relative rank of Navy and Army officers. The relative rank between officers of the Navy, whether on the active or retired list, and officers of the Army, shall be as follows, lineal rank only being considered: 1030 (Secs. 1466-1469 Tit. 15—THE NAVY—Ch. 4. The Vice-Admiral shall rank with the Lieutenant-General. Rear-Admirals with major-generals. Commodores with brigadier-generals. Captains with colonels. Commanders with lieutenant-colonels. Lieutenant-commanders with majors. Lieutenants with captains. Masters with first lieutenants. Ensigns with second lieutenants. Act July 16, 1862, c. 183, § 13, 12 Stat. 585. Act Dec. 21, 1864, c. 6, § 1, 13 Stat. 420. Act July 25, 1866, c. 231, § 1, 14 Stat. 222. Act March 2, 1867, c. 174, § 1, 14 Stat. 515, 516. The grade of Vice-Admiral, authorized by Rev. St. 8 1362, ceased on the office becoming vacant, pursuant to the proviso annexed to that section. The grade of commodore is omitted from the composition of the active list of the line by Act March 3, 1899, c. 413, § 7, ante, following Rev. St. $ 1364. The title of the grade of master was changed to lieutenant by Act March 3, 1883, c. 97, § 1, ante, following Rev. St. § 1367. Sec. 1467. Rank according to date. Line officers shall take rank in each grade according to the dates of their commissions. Act July 16, 1862, c. 183, § 1, 12 Stat. 583. Act April 21, 1864, c. 63, § 7, 13 Stat. 54. Act Jan. 24, 1865, c. 19, § 1, 13 Stat. 424. Sec. 1468. Commanding officers of vessels and stations. Commanding officers of vessels of war and of naval stations shall take precedence over all officers placed under their command. Act March 3, 1871, c. 117, § 12, 16 Stat. 537. Provisions relating to the authority of an officer assigned to the command of a squadron over commanders of ships in the squadron are contained in Rev. St. 88 1434, 1463. Sec. 1469. Aid or executive officer. The Secretary of the Navy may, in his discretion, detail a line officer to act as the aid or executive of the commanding officer of a vessel of war or naval station, which officer shall, when not imprac- ticable, be next in rank to said commanding officer. Such aid or executive shall, while executing the orders of the commanding offi- cer on board the vessel or at the station, take precedence over all officers attached to the vessel or station. All orders of such aid or executive shall be regarded as proceeding from the commanding offi- cer, and the aid or executive shall have no independent authority in consequence of such detail. Act March 3, 1871, c. 117, 8 12, 16 Stat. 537. Secs. 1470-1473) 1031 Tit. 15--THE NAVY —Ch. 4. Sec. 1470. Staff officers, when to communicate directly with commanding officer. Staff officers, senior to the officer so detailed, shall have the right to communicate directly with the commanding officer. Act March 3, 1871, c. 117, 8 12, 16 Stat. 537. Sec. 1471. Chiefs of Bureaus. The chiefs of the Bureau of Medicine and Surgery, Provisions and Clothing, Steam Engineering, and Construction and Repair shall have the relative rank of commodore while holding said position, and shall have, respectively, the title of Surgeon-General, Paymaster- General, Engineer-in-Chief, and Chief Constructor. Act March 3, 1871, c. 117, § 12, 16 Stat. 537. The designation of the Bureau of Provisions and Clothing is changed to Bureau of Supplies and Accounts by Act July 19, 1892, c. 206, § 1, ante, following Rev. St. $ 419. Provisions for the appointment of chiefs of the bureaus mentioned in this section from officers of the Navy are contained in Rey. St. $$ 423– 426. The words "the relative rank of," in this and other sections defining the rank of officers or positions in the Navy, are amended so as to read “the rank of”; but officers whose rank is so defined are not enti- tled, in virtue of their rank, to command in the line or other staff corps, by Act March 3, 1899, c. 413, $ 7, ante, following Rev. St. § 1364. The grade of commodore is omitted from the composition of the active list of the line by Act March 3, 1899, c. 413, § 7, ante, follow- ing Rev. St. § 1364. The provisions of this section and of the section next following, that chiefs of bureaus should have, while holding such position, the relative rank of commodore, are superseded by the provision of Act March 3, 1899, c. 413, § 7, ante, following Rev. St. 8 1364, that, when the office of chief of bureau is filled by an officer below the rank of rear-admiral, such officer shall have, while holding such office, the rank of rear-ad- miral. Sec. 1472. [Superseded. Act March 3, 1899, C. 413, § 7.1 This section provided that, when the office of chief of bureau was filled by a line officer below the rank of commodore, such officer should have the relative rank of commodore during the time he held said office. It is superseded by the provision of Act March 3, 1899, c. 413, § 7. See notes under Rev. St. § 1471. Sec. 1473. Retired from position of chief of bureau. Officers who have been or who shall be retired from the position of chiefs of the Bureau of Medicine and Surgery, of Provisions and Clothing, of Steam Engineering, or of Construction and Repair, by 1032 (Secs. 1473-1477 Tit. 15— THE NAVY —Ch. 4. reason of age or length of service, shall have the relative rank of commodore. Act March 3, 1871., c. 117, § 12, 16 Stat. 537. See notes under Rev. St. $ 1471, as to change in designation of the Bureau of Provisions and Clothing, as to the amendment of the words "the relative rank of," and as to the grade of commodore. Sec. 1474. Medical Corps. Officers of the Medical Corps on the active list of the Navy shall have relative rank as follows: Medical directors, the relative rank of captain. Medical inspectors, the relative rank of commander. Surgeons, the relative rank of lieutenant-commander or lieutenant. Passed assistant surgeons, the relative rank of lieutenant or mas- ter. Assistant surgeons, the relative rank of master or ensign. Act March 3, 1871, c. 117, § 5, 16 Stat. 535. See note under Rey. St. $ 1471, as to amendment of the words "the relative rank of," and note under Rev. St. $ 1466, as to change in title of grade of master. Sec. 1475. Pay Corps. Officers of the Pay Corps on the active list of the Navy shall have relative rank as follows: Pay directors, the relative rank of captain. Pay inspectors, the relative rank of commander. Paymasters, the relative rank of lieutenant-cominander or lieuten- ant. Passed assistant paymasters, the relative rank of lieutenant or master. Assistant paymasters, the relative rank of inaster or ensign. Act March 3, 1871, c. 117, $ 6, 16 Stat. 536. See note under Rev. St. § 1471, as to amendment of the words "the relative rank of,” and note under Rev. St. $ 1466, as to change in title of grade of master. Sec. 1476. [Superseded. Act March 3, 1899, C. 413, SS 1-7.] This section prescribed the relative rank of officers of the Engineer Corps. It is superseded by Act March 3, 1899, c. 413, 88 1-7, ante, following Rev. St. § 1364, which transfers those officers to the line of the Navy, and prescribes their rank in the line. Sec. 1477. [Superseded. Act March 3, 1899, C. 413, $ 10.] This section prescribed the relative rank of naval constructors. It is superseded by Act March 3, 1899, c. 413, § 10, ante, following Rev. St. § 1403, which prescribes their number and rank. Secs. 1478–1480) 1033 Tit. 15— THE NAVY —Ch. 4. Sec. 1478. Civil engineers. Civil engineers shall have such relative rank as the President may fix. Act March 3, 1871, c. 117, § 9, 16 Stat. 536. See note under Rev. St. 8 1471, as to amendment of words "relative rank." Sec. 1479. Chaplains. Chaplains shall have relative rank as follows: Four, the relative rank of captain; seven, that of commander; and not more than seven, that of lieutenant-commander or lieutenant. Act March 3, 1871, c. 117, $ 9, 16 Stat. 536. See note under Rev. St. § 1471, as to amendment of words "relative rank." The rank of lieutenant is given to chaplains not having relative rank, by a provision of Act March 3, 1899, c. 413, § 13, post, following Rev. St. $ 1556. Sec. 1480. [As amended 1877.] Professors of mathematics; [appointment and commissions of officers in staff corps.] Professors of mathematics shall have relative rank as follows: Three, the relative rank of captain; four, that of commander; and five, that of lieutenant-commander or lieutenant. The grades estab- lished in the six preceding sections for the staff corps of the Navy shall be filled by appointment from the highest members in each corps, according to seniority; and new commissions shall be issued to the officers so appointed, in which the titles and grades estab- lished in said sections shall be inserted; and no existing commis- sion shall be vacated in the said several staff corps, except by the issue of the new commissions required by the provisions of this section; and no officer shall be reduced in rank or lose seniority in his own corps by any change which may be required under the pro- visions of the said six preceding sections: Provided, That the issu- ing of a new appointment and commission to any officer of the pay corps under the provisions of this section shall not affect or annul any existing bond, but the same shall remain in force, and apply to such new appointment and commission. Act May 31, 1872, c. 240, § 1, 17 Stat. 192. Act Feb. 27, 1877, c. 69, 19 Stat. 244. The amendment of this section by Act Feb. 27, 1877, c. 69, cited above, consists in the addition, at the end of the section as originally enacted, of the provision beginning with the words "the grades estab- lished in the six preceding sections,” to the end of the section as set forth here. The application of this provision to officers of the En- gineer Corps and to naval constructors is superseded by Act March 3, 1899, c. 413, 88 1-7, ante, following Rev. St. § 1364, which transfers the officers of the Engineer Corps to the line, and prescribes their rank therein, and by section 10 of that act, ante, following Rev. St. $ 1403, which prescribes the rank of naval constructors. See note under Rev. St. $ 1471, as to amendment of the words "rela- tive rank." 1034 (Secs. 1481-1485 Tit. 15—THE NAVY —Ch. 4. Sec. 1481. When retired for age or length of service. Officers of the Medical, Pay, and Engineer Corps, chaplains, pro- fessors of mathematics, and constructors, who shall have served faithfully for forty-five years, shall, when retired, have the relative rank of commodore; and officers of these several corps who have been or shall be retired at the age of sixty-two years, before having served for forty-five years, but who shall have served faithfully until retired, shall, on the completion of forty years from their entry into the service, have the relative rank of commodore. Act March 3, 1871, c. 117, § 11, 16 Stat. 537. The application of this section to officers of the Engineer Corps is superseded by Act March 3, 1899, c. 413, $$ 1-7, ante, following Rev. St. § 1364, which transfers those officers to the line. See notes under Rev. St. § 1471, as to amendment of the words "the relative rank of," and as to the grade of commodore. Sec. 1482. Retired for causes incident to service. Staff-officers, who have been or shall be retired for causes incident to the service before arriving at sixty-two years of age, shall have the same rank on the retired list as pertained to their position on the active list. Act March 3, 1871, c. 117, § 11, 16 Stat. 537. Sec. 1483. [Superseded. Act Aug. 5, 1882, c. 391, § 1. Act March 2, 1889, c. 396, § 1.] This section provided that graduates of the Naval Academy should take rank according to their proficiency as shown by their order of merit at date of graduation. This and a similar provision of Rev. St. § 1521, are superseded by the provision of Act Aug. 5, 1882, c. 391, $ 1, and Act March 2, 1889, c. 396, § 1, post, following Rev. St. § 1521, which provide for appointments of graduates of the Academy to fill vacancies in the Navy and Marine Corps. See notes under Rev. St. § 1521, and the provisions set forth under that section. Sec. 1484. [Superseded. Act March 3, 1899, C. 413, SS 1-7.] This section provided that engineer officers graduated at the Naval Academy should take precedence of other officers with whom they had relative rank. It is superseded by Act March 3, 1899, c. 413, 88 1-7, ante, following Rev. St. § 1364, which transfers the officers of the engineer corps to the line, and prescribes their rank in the line. Sec. 1485. Precedence by length of service. The officers of the staff corps of the Navy shall take precedence in their several corps, and in their several grades, and with officers Secs. 1485-1488) 1035 Tit. 15—THE NAVY-Ch. 4. of the line with whom they hold relative rank according to length of service in the Navy. Act March 3, 1871, c. 117, § 10, 16 Stat. 537. See note under Rev. St. § 1471, as to amendment of the words "rel- ative rank." Sec. 1486. [As amended 1881.] Length of service, how estimated. In estimating the length of service for such purpose, the several officers of the staff corps shall, respectively, take precedence in their several grades and with those officers of the line of the Navy with whom they hold relative rank who have been in the naval service six years longer than such officers of said staff corps have been in said service; and officers who have been advanced or lost numbers on the Navy Register shall be considered as having gained or lost length of service accordingly: Provided, That nothing in this sec- tion shall be so construed as to give to any officer of the staff corps precedence of, or a higher relative rank than that of, another staff officer in the same grade and corps, and whose commission in such grade and corps antedates that of such officer. Act March 3, 1871, c. 117, § 10, 16 Stat. 537. Act March 3, 1881, c. 150, 21 Stat. 510. The amendment of this section by Act March 3, 1881, c. 150, cited above, consists in the addition of the proviso, after the word "accord- ingly," at the end of the section as originally enacted. The provision of Act March 3, 1883, c. 97, post, following Rev. St. § 1556, that officers of the Navy shall be credited with and receive all the benefits of their actual time of service as officers or enlisted men in the Regular or Volunteer Army or Navy, or both, by a proviso an- nexed thereto, is not to be construed to authorize any change in dates of commission or relative rank of such officers. Sec. 1487. Quarters. No staff officer shall, in virtue of his relative rank or precedence, have any additional right to quarters. Act March 3, 1871, c. 117, § 10, 16 Stat. 537. Sec. 1488. Military command. The relative rank given by the provisions of this chapter to offi- cer of the Medical, Pay, and Engineer Corps shall confer no author- ity to exercise military command. General Orders Aug. 31, 1846, and May 27, 1847. Act Aug. 5, 1854, c. 268, 8 4, 10 Stat. 587. Act March 3, 1859, c. 76, 8 2, 11 Stat. 407. The clause of Act March 3, 1899, c. 413, § 7, ante, following Rev. St. § 1364, amending all sections of the Revised Statutes which, in de- fining the rank of officers or positions in the Navy, contain the words “the relative rank of,” so as to read “the rank of," provides that off- cers whose rank is so defined shall not be entitled, in virtue of their rank, to command in the line or in other staff corps. 1036 (Secs. 1489-1493 Tit. 15— THE NAVY —Ch. 4. Sec. 1489. Processions, boards, etc. In processions on shore, or courts-martial, summary courts, courts of inquiry, boards of survey, and all other boards, line and staff offi- cers shall take precedence according to rank. Act March 3, 1871, c. 117, § 12, 16 Stat. 537. Sec. 1490. Ensigns as steerage officers. Ensigns shall be steerage officers, unless assigned to duty as watch and division officers. Act July 15, 1870, c. 295, $ 10, 16 Stat. 334. Sec. 1491. Warrant officers. The President may, if he shall deem it conducive to the interests of the service, give assimilated rank to boatswains, gunners, carpen- ters, and sailmakers, as follows: After five years' service, to rank with ensigns, and after ten years' service to rank with masters. Act July 2, 1864, c. 219, § 1, 13 Stat. 373. Provisions for appointment of chief boatswains, chief gunners, chief carpenters, and chief sailmakers, to rank with, but after, ensign, are contained in Act March 3, 1899, c. 413, $ 12, ante, following Rev. St. § 1406. Provisions for appointments from warrant officers to vacancies in the grade of ensign, unfilled by graduates of the Naval Academy, are con- tained in Act March 3, 1901, c. 852, ante, following Rev. St. $ 1367. Sec. 1492. Revenue-cutter officers serving as part of the Navy. The officers of the revenue-cutter service when serving, in accord- ance with law, as a part of the Navy, shall be entitled to relative rank, as follows: Captains, with and next after lieutenants commanding in the Navy; first lieutenants, with and next after lieutenants in the Navy; second lieutenants, with and next after masters in line in the Navy; third lieutenants, with and next after ensigns in the Navy. Act March 2, 1799, c. 22, $ 98, 1 Stat. 699, 700. Act July 16, 1862, c. 183, $$ 1, 11, 12 Stat. 583, 585. Act Feb. 4, 1863, c. 20, $ 4, 12 Stat. 640. Provisions relating to the grades of officers of revenue cutters are contained in Rev. St. § 2749. OF PROMOTION AND ADVANCEMENT. Sec. 1493. Physical examination. No officer shall be promoted to a higher grade on the active list of the Navy, except in the case provided in the next section, until he Secs. 1494-1496) 1037 Tit. 15—THE NAVY —Ch. 4. has been examined by a board of naval surgeons and pronounced physically qualified to perform all his duties at sea. Act April 21, 1864, c. 63, § 4, 13 Stat. 53. Act July 28, 1866, c. 312, § 1, 14 Stat. 344. Sec. 1494. Physical disqualification by wounds. The provisions of the preceding section shall not exclude from the promotion to which he would otherwise be regularly entitled any officer in whose case such medical board may report that his physical disqualification was occasioned by wounds received in the line of his duty, and that such wounds do not incapacitate him for other duties in the grade to which he shall be promoted. Act April 21, 1864, c. 63, § 4, 13 Stat. 53. Act July 28, 1866, c. 312, § 1, 14 Stat. 344, 345. Sec. 1495. Examinations, when; and effect of. Officers subject to examination before promotion to a grade limited in number by law shall not be entitled to examination in such a sense as to give increase of pay until designated by the Secretary of the Navy to fill vacancies in the higher grade; and officers eligible for pro- motion to a grade not limited in number shall not be entitled to exam- ination until ordered to present themselves for examination or until a class, in which they are included, has been so ordered by the Secretary of the Navy. Act March 3, 1873, c. 230, § 1, 17 Stat. 555. Officers, after three years' service in the grade of ensign, are eligible to promotion to the grade of lieutenant (junior grade), after passing the required examinations, by Act March 3, 1899, c. 413, § 7, ante, following Rev. St. § 1364. Assistant naval constructors are to be promoted to the grade of naval constructor after not less than eight years nor more than fourteen years' service as assistant naval constructor, by Act March 3, 1899, c. 413, & 10, ante, following Rev. St. 8 1403. Sec. 1496. Examination of professional fitness. No line officer below the grade of commodore, and no officer not of the line, shall be promoted to a higher grade on the active list of the Navy until his mental, moral, and professional fitness to perform all his duties at sea have been established to the satisfaction of a board of examining officers appointed by the President. Act April 21, 1864, c. 63, § 1, 13 Stat. 53. Special provisions relating to promotion and examinations therefor in the staff corps are contained in chapter 1 of this Title. Provisions for examinations of engineer officers transferred to the line. under Act March 3, 1899, c. 413, $$ 1-7, are contained in sections 4 and 6 of that act, ante, following Rev. St. 8 1364. 1038 (Secs. 1497-1502 Tit. 15—THE NAVY-Ch. 4. Sec. 1497. Promotion to rear-admiral in time of peace. In time of peace no person shall be promoted from the list of com- modores to the grade of rear-admiral, on the active list, until his mental, moral, and professional fitness to perform all his duties at sea has been established as provided in the preceding section. Act July 16, 1862, c. 183, § 7, 12 Stat. 584. Amended by Act April 21, 1864, c. 63, 13 Stat. 53. The grade of commodore is omitted from the composition of the active list of the line by Act March 3, 1899, c. 413, § 7, ante, following Rev. St. § 1364. Sec. 1498. Examining board. Such examining board shall consist of not less than three officers, senior in rank to the officer to be examined. Act April 21, 1864, c. 63, § 2, 13 Stat. 53. Sec. 1499. Powers of. Said board shall have power to take testimony and to examine all matter on the files and records of the Navy Department relating to any officer whose case may be considered by them. The witnesses, when present, shall be sworn by the president of the board. Act April 21, 1864, c. 63, § 1, 13 Stat. 53. Sec. 1500. Officer may be present and make statement. Any officer whose case is to be acted upon by such examining board shall have the right to be present, if he so desires, and to submit a statement of his case on oath. Act April 21, 1864, c. 63, § 3, 13 Stat. 53. Sec. 1501. Record. The statement of such officer, if made, and the testimony of the witnesses and his examination shall be recorded. Act April 21, 1864, c. 63, § 3, 13 Stat. 53. Sec. 1502. Revision by the President. Any matter on the files and records of the Navy Department, touching each case, which may, in the opinion of the board, be neces- sary to assist them in making up their judgment, shall, together with the whole record and finding, be presented to the President for his approval or disapproval of the finding. Act April 21, 1864, c. 63, 83, 13 Stat. 53. Secs. 1503-1505) - Tit. 15—THE NAVY-1039 Ch. 4. Sec. 1503. No officer to be rejected without examination. No officer shall be rejected until after such public examination of himself and of the records of the Navy Department in his case, unless he fails, after having been duly notified, to appear before said board. Act April 21, 1864, c. 63, § 3, 13 Stat. 53. Sec. 1504. Report of recommendation. Such examining board shall report their recommendation of any officer for promotion in the following form: “We hereby certify that has the mental, moral, and professional qualifications to perform efficiently all the duties, both at sea and on shore, of the grade to which he is to be promoted, and recommend hiin for pro- motion." Act July 16, 1862, c. 183, $ 4, 12 Stat. 584. As amended by Act April 21, 1864, c. 63, § 4, 13 Stat. 53. Act July 28, 1866, c. 312, § 1, 14 Stat. 344, 315. An examination whereby the candidate was promoted is conclusive, on a subsequent examination, as to any fact passed upon, unless such fact continuing shows unfitness, by Act June 18, 1878, c. 267, set forth below. ACT JUNE 18, 1878, c. 267. An Act Relative to Examinations for Promotions in the Navy. (20 Stat. 165.) Conclusiveness of examination, on subsequent examination. Be it enacted, &c. That hereafter in the examination of officers in the Navy for promotion no fact which occurred prior to the last examination of the candidate whereby he was promoted, which has been enquired into and decided upon, shall be again enquired into, but such previous examination, if approved, shall be conclusive, unless such fact continuing shows the unfitness of the officer to perform all his duties at sea. Act June 18, 1878, c. 267, § 1, 20 Stat. 165. Sec. 2. [Relates to past cases.] Sec. 1505. Failing in examination. Any officer of the Navy on the active list below the grade of com- mander, who, upon examination for promotion, is not found profes- sionally qualified, shall be suspended from promotion for one year, with corresponding loss of date when he shall be re-examined, and in case of his failure upon such re-examination he shall be dropped from the service. Act July 15, 1870, c. 295, $ 8, 16 Stat. 333. 1040 (Secs. 1506-1507 Tit. 15— THE NAVY-Ch. 4. Sec. 1506. [As amended 1878.] Advancement in number. Any officer of the Navy may, by and with the advice and consent of the Senate, be advanced, not exceeding thirty numbers in rank, for eminent and conspicuous conduct in battle or extraordinary heroism; and the rank of officers shall not be changed except in ac- cordance with the provisions of existing law, and by and with the advice and consent of the Senate. Act April 21, 1864, c. 63, § 6, 13 Stat. 54. Act Jan. 24, 1865, c. 19, S 1, 13 Stat. 424. Act June 17, 1878, c. 260, 20 Stat. 143. The amendment of this section by Act June 17, 1878, c. 260, cited above, consists in the addition, at the end of the section as originally en- acted, of the clause beginning with the words "and the rank of officers shall not be changed,” to the end of the section as set forth here. Sec. 1507. Promotion when grade is full. Any officer who is nominated to a higher grade by the provisions of the preceding section, shall be promoted, notwithstanding the num- ber of said grade may be full; but no further promotions shall take place in that grade, except for like cause, until the number is reduced to that provided by law. Act Jan. 24, 1865, c. 19, § 2, 13 Stat. 424. Provisions to prevent interference, with regular promotions, of ad- vancements in rank for services during the war with Spain, are con tained in Act March 3, 1901, c. 852, set forth below. ACT MARCH 3, 1901, c. 852. Advancement for service during war with Spain not to interfere with promotions. That the advancement in rank of officers of the Navy and Marine Corps, whensoever made, for service rendered during the war with Spain, pursuant, respectively, to the provisions of sections fifteen hundred and six and sixteen hundred and five of the Revised Statutes, shall not interfere with the regular promotion of officers otherwise entitled to promotion, but officers so advanced, by reason of war service, shall, after they are promoted to higher grades, be carried thereafter as additional to the numbers of each grade to which they may at any time be promoted; and each such officer shall hereafter be promoted in due course, contemporaneously with and to take rank next after the officer immediately above him; and all advancements made by reason of war service shall be appropriately so designated upon the official Navy list: Provided, however, That no promotion shall be made to fill a vacancy occasioned by the promotion, retire- ment, death, resignation, or dismissal of any officer who, at the time of such promotion, retirement, death, resignation, or dismissal, is an additional member of his grade under the foregoing provisions. Act March 3, 1901, c. 852, 31 Stat. 1108. Secs. 1508-1510) 1041 Tit. 15— THE NAVY-Ch. 5. Sec. 1508. Officers receiving thanks of Congress. Any line officer, whether of volunteers or of the regular Navy, may be advanced one grade, if, upon recommendation of the Presi- dent by name, he receives the thanks of Congress for highly distin- guished conduct in conflict with the enemy or for extraordinary hero- ism in the line of his profession. Act July 16, 1862, c. 183, $ 9, 12 Stat. 584. Act Jan. 24, 1865, c. 19, $ 2, 13 Stat. 424. Act July 25, 1866, c. 231, § 1, 14 Stat. 222. Sec. 1509. Effect of vote of thanks. A vote of thanks by Congress to any officer of the Navy shall be held to affect such officer, only; and whenever, as an incident thereof, an officer who would otherwise be retired is retained on the active list, such retention shall not interfere with the regular promotion of others who would otherwise have been entitled by law to promotion. Res. July 1, 1870, No. 96, § 1, 16 Stat. 384. Sec. 1510. Vacancies occasioned by death, etc., of officers thanked. No promotion shall be made to fill a vacancy occasioned by the final retirement, death, resignation, or dismissal of an officer who has received a vote of thanks, unless the number of officers left in the grade where the vacancy occurs shall be less than the number author- ized by law. Res. July 1, 1870, No. 96, § 1, 16 Stat. 384. CHAPTER FIVE. The Naval Academy. Sec. 1511. Where established. 1512. [Superseded.] Act Aug. 5, 1882, c. 391, § 1. Title and appointment of naval ca- dets. 1513. Number of [naval cadets). 1514. Nomination of candidates. Act June 7, 1900, c. 859. Succeeding appointments after four Sec. Act March 2, 1889, c. 396, § 2. Minimum and maximum age of can- didates. 1518. Appropriations, how applied. 1519. [Naval cadets] found deficient. Act June 23, 1874, c. 453. Hazing. Act March 2, 1895, c. 186. Courts-martial for cadets. 1520. Academic course. 1521. [Repealed in part and supersed- years of six years course. 1515. Examination of candidates. 1516. Second recommendation. 1517. Qualifications. LAWS '01-66 ed.] 1042 (Secs. 1511-1512 Tit. 15—THE NAVY-Ch. 5. Sec. Act Aug. 5, 1882, c. 391, $ 1. Honorable discharge of cadets; cer- tificate of graduation; special course of study. Act March 2, 1889, c. 396. 1. Division of cadets of first class at beginning of fourth year; course of study; appointments to va- cancies in Navy. 2. [Relates to age of admission.] Act July 26, 1894, c. 165. Appointments to vacancies in Navy from either division. 1522-1525. [Superseded.] Sec. 1526. Studies not to be pursued on Sun- day. 1527. Store-keeper at the Academy. 1528. Professors of ethics, Spanish, and drawing. Act Feb. 14, 1879, c. 68. Board of Visitors; duties; compen- sation. Act Aug. 4, 1886, c. 903, $ 1. Expenses of Board of Visitors. . Act March 2, 1895, c. 186. Professors; promotion of assistant professors. Act March 3, 1897, c. 386. Professors; pay. Sec. 1511. Where established. The Naval Academy shall be established at Annapolis, in the State of Maryland. Act May 21, 1864, c. 93, § 4, 13 Stat. 85. Sec. 1512. [Superseded. Act Aug. 5, 1882, c. 391, § 1.] This section provided that the students at the Naval Academy should be styled cadet midshipmen. This designation is changed to "naval cadets” by a provision of Act Aug. 5, 1882, c. 391, § 1, set forth below. ACT AUG. 5, 1882, c. 391, $ 1. Title and appointment of naval cadets. * * * That hereafter there shall be no appointments of cadet-mid- shipmen or cadet-engineers at the Naval Academy, but in lieu thereof naval cadets shall be appointed from each Congressional district and at large, as now provided by law for cadet-midshipmen, and all the undergraduates at the Naval Academy shall hereafter be designated and called "naval cadets." [Part of section omitted super- seded. Act March 2, 1889, c. 396, § 1.] Act Aug. 5, 1882, c. 391, § 1, 22 Stat. 285. This is a proviso annexed to the naval appropriation act for the year ending June 30, 1883, cited above. It supersedes Rev. St. $ 1512, which designated the students at the Academy "cadet midshipmen"; and also supersedes the provisions contained in Rev. St. $8 1522, 1523, relating to the designation, number, and appointment of "cadet engineers.” Provisions for appointment of cadet midshipmen, referred to in this provision, are contained in Rev. St. $$ 1513-1518. Other provisions of this section, relating to appointments of naval ca- dets who successfully complete the six years' course, to fill vacancies in the lower grades of the line and Engineer Corps and Marine Corps, are superseded by different provisions relating thereto contained in Act March 2, 1889, c. 396, § 1, post, following Rev. St. $ 1521; and further provisions of this section, relating to the honorable discharge of graduates, with a certificate of graduation, are set forth post, following Rev. St. § 1521. Secs. 1513-1514) 1043 Tit. 15—THE NAVY-Ch. 5. Sec. 1513. [As amended 1878.] Number of [naval cadets). There shall be allowed in said academy one cadet-midshipman for every Member or Delegate of the House of Representatives, one for the District of Columbia, and ten appointed at large: Provided, however, That there shall not be at any time more in said academy appointed at large than ten; but the provisions of this section shall not be construed to apply to cadet-midshipmen appointed at large now in said academy. Act March 2, 1867, c. 174, § 8, 14 Stat. 517. Act July 15, 1870, c. 295, § 12, 16 Stat. 334. Act June 17, 1878, c. 260, 20 Stat. 143. The amendment of this section by Act June 17, 1878, c. 260, cited above, consists in striking out the word "annually” where it originally appeared after the words "ten appointed," and the addition of the pro- viso. The designation "cadet midshipmen” is changed to "naval cadets" by Act Aug. 5, 1882, c. 29, § 1, ante, under Rev. St. $ 1512. Sec. 1514. [As amended 1894.] . Nomination of candidates. The Secretary of the Navy shall, as soon after the fifth of March in each year as possible, notify in writing each Member and Delegate of the House of Representatives of any vacancy that may exist in his district. The nomination of a candidate to fill said vacancy shall be made upon the recommendation of the Member or Delegate, if such recommendation is made by the first day of July of that year; but if it is not made by that time, the Secretary of the Navy shall fill the vacancy by appointment of an actual resident of the district in which the vacancy exists, who shall have been for at least two years im- mediately preceding the date of his appointment an actual and bona fide resident of the district in which the vacancy exists and of the legal qualification under the law as now provided. The candidate allowed for the District of Columbia, and all the candidates appoint- ed at large, shall be selected by the President. Act July 16, 1862, c. 183, § 11, 12 Stat. 585. Act July 26, 1894, c. 165, § 1, 28 Stat. 136. The amendment of this section by Act July 26, 1894, c. 165, § 1, cited above, consists in the insertion, after the words "the Secretary of the Navy shall fill the vacancy,” and before the words "the candidate al- lowed for the District of Columbia,” of the words beginning "by ap- pointment of an actual resident,” etc. ACT JUNE 7, 1900, c. 859. Succeeding appointments after four years of six years course. Whenever any naval cadet shall have finished four years of his undergraduate course of six years the succeeding appointment may be made from his Congressional district or at large in accord- ance with existing law. Act June 7, 1900, c. 859, § 1, 31 Stat. 703. This is a provision of the naval appropriation act for the year ending June 30, 1901, cited above. A further provision of the same act, that “the appointees to follow the two classes of cadets now at sea may enter * * 1044 (Secs. 1515-1517 Tit. 15— THE NAVY-Ch. 5. the academy during the present year, and those to succeed the class which is now finishing its four years of study shall be appointed before March fourth, next, to enter the academy during the year nineteen hun- dred and one,” is omitted as temporary only. Sec. 1515. Examination of candidates. All candidates for admission into the Academy shall be examined according to such regulations and at such stated times as the Secre- tary of the Navy may prescribe. Candidates rejected at such exam- ination shall not have the privilege of another examination for ad- mission to the same class, unless recommended by the board of ex- aminers. Act July 16, 1862, c. 183, & 11, 12 Stat. 585. Act April 17, 1866, c. 45, § 5, 14 Stat. 38. Sec. 1516. Second recommendation. When any candidate who has been nominated upon the recom- mendation of a Member or Delegate of the House of Representatives is found, upon examination, to be physically or mentally disqualified for admission, the Member or Delegate shall be notified to recom- mend another candidate, who shall be examined according to the pro- visions of the preceding section. Act July 16, 1862, c. 183, § 11, 12 Stat. 585. Act July 17, 1866, c. 45, § 5, 14 Stat. 38. Sec. 1517. Qualifications. Candidates allowed for congressional districts, for Territories, and for the District of Columbia must be actual residents of the districts or Territories, respectively, from which they are nominated. And all candidates must, at the time of their examination for admission, be between the ages of fourteen and eighteen years, and physically sound, well formed, and of robust constitution. Act July 14, 1862, c. 164, $ 9, 12 Stat. 565. Act July 16, 1862, c. 183, $ 11, 12 Stat. 585. Act April 1, 1864, c. 47, § 2, 13 Stat. 39. So much of this section as provides that cadets must be between the ages of fourteen and eighteen years is superseded by a provision of Act March 2, 1889, c. 396, § 2, set forth below, which fixes the minimum age at fifteen and the maximum age at twenty years. ACT MARCH 2, 1889, c. 396, $ 2. Minimum and maximum age of candidates. That after the fourth day of March, eighteen hundred and eighty- nine, the minimum age of admission of cadets to the Academy shall be fifteen years and the maximum age twenty years. Act March 2, 1889, c. 396, § 2, 25 Stat. 878. This section supersedes so much of Rev. St. § 1517, as provides that candidates must be between the ages of fourteen and eighteen years. Section 1 of this act, relating to the course of study of the first class Secs. 1518-1519) - Tit. 15— THE NAVY1045 -Ch. 5. at the beginning of the fourth year and the separation of the class into divisions, etc., is set forth post, following Rev. St. § 1521. Sec. 1518. Appropriations, how applied. No money appropriated for the support of the Naval Academy shall be applied to the support of any midshipman appointed other- wise than in strict conformance with the provisions of this chapter. Act May 21, 1864, c. 93, § 1, 13 Stat. 84. The designation "cadet midshipmen" is changed to "naval cadets," by a provision of Act Aug. 5, 1882, c. 391, § 1, ante, following Rev. St. § 1512. Sec. 1519. [Naval cadets] found deficient. Cadet midshipmen found deficient at any examination shall not be continued at the Academy or in the service unless upon the recom- mendation of the academic board. Act July 16, 1862, c. 183, § 11, 12 Stat. 585. The designation "cadet midshipmen" is changed to "naval cadets," by a provision of Act Aug. 5, 1982, c. 391, § 1, ante, following Rev. St. 1512. ACT JUNE 23, 1874, c. 453. An Act to Prevent Hazing at the Naval Acaderny. (18 Stat. 203.) Hazing. Be it enacted, &c., That in all cases when it shall come to the knowledge of the superintendent of the Naval Academy, at Annap- olis, that any cadet-midshipman or cadet-engineer has been guilty of the offense commonly known as hazing, it shall be the duty of said superintendent to order a court-inartial, composed of not less than three commissioned officers, who shall minutely examine into all the facts and circumstances of the case and make a finding thereon; and any cadet-midshipman or cadet-engineer found guilty of said offense by said court shall, upon recommendation of said court be dismissed; and such finding, when approved by said superintendent, shall be final; and the cadet so dismissed from said Naval Academy shall be forever ineligible to re-appointment to said Naval Academy. Act June 23, 1874, c. 453, 18 Stat. 203. ACT MARCH 2, 1895, c. 186. Courts-martial for cadets. That the Secretary of the Navy shall have power to convene gen- eral courts-martial for the trial of naval cadets, subject to the same limitations and conditions now existing as to other general courts- martial, and to approve the proceedings and execute the sentences of such courts, except the sentences of suspension and dismissal, which, 1046 (Secs. 1519-1521 Tit. 15—THE NAVY —Ch. 5. after having been approved by the Superintendent, shall not be car- ried into effect until confirmed by the President: * Act March 2, 1895, c. 186, 28 Stat. 838. This is a provision of the naval appropriation act for the fiscal year ending June 30, 1996, cited above. Sec. 1520. Academic course. The academic course of cadet midshipmen shall be six years. The designation "cadet midshipmen" is changed to "naval cadets," by a provision of Act Aug. 5, 1882, c. 391, § 1, ante, following Rev. St. § 1512. Act March 3, 1873, c. 230, § 1, 17 Stat. 555. Sec. 1521. [Repealed in part and superseded. Act Aug. 5, 1882, c. 391, § 1; Act March 2, 1889, c. 396, § 1.] This section provided that graduates from the Academy should receive appointments as midshipmen, the title of which grade was changed to ensign by a provision of Act March 3, 1883, c. 97, § 1, ante, following Rev. St. § 1367, and that they should take rank according to the order of their merit at date of graduation. It was superseded by Act Aug. 5, 1882, c. 391, § 1, which, after providing that thereafter there should be no appointments of cadet midshipmen or cadet engineers at the Academy, but that naval cadets should be appointed, and that all the undergrad- uates at the Academy should be designated "naval cadets," as set forth ante, under Rev. St. § 1512, continued as follows: "and from those who successfully complete the six years' course, appointments shall hereafter be made as it is necessary to fill vacancies in the lower grades of the line and Engineer Corps of the Navy and of the Marine Corps: and pro- vided further, that no greater number of appointments into these grades shall be made each year than shall equal the number of vacancies which has occurred in the same grades during the preceding year; such appoint- ments to be made from the graduates of the year, at the conclusion of their six years' course, in the order of merit, as determined by the aca- demic board of the Naval Academy; the assignment to the various corps to be made by the Secretary of the Navy upon the recommendation of the academic board. But nothing herein contained shall reduce the number of appointments from such graduates below ten in each year, nor deprive of such appointment any graduate who may complete the six years' course during the year 1882." These provisions, also, are super- seded by those of Act March 2, 1889, c. 396, § 1, set forth below. Further provisions of Act Aug. 5, 1882, c. 391, § 1, relating to the honorable discharge of graduates with a certificate of graduation, and repealing so much of Rev. St. § 1521, as is inconsistent therewith, are set forth below. A provision, that all graduates of the Academy assigned to the line of the Navy, on the successful completion of the six-years course, shall be commissioned ensigns, contained in Act June 26, 1884, c. 122, § 1, ante, following Rev. St. $ 1367, may be regarded as modified by the provisions of Act March 2, 1889, c. 396, § 1, set forth below, relating to appoint- ments from the graduates to fill vacancies in the lowest grades of com- missioned officers. ACT AUG. 5, 1882, c. 391, $ 1. Honorable discharge of cadets; certificate of graduation; special course of study. * * And if there be a surplus of graduates, those who do not re- Sec. 1521) 1047 Tit. 15— THE NAVY—Ch. 5. ceive such appointment shall be given a certificate of graduation, an honorable discharge, and one year's sea pay, as now provided by law for cadet midshipmen; and so much of section fifteen hundred and twenty-one of the Revised Statutes as is inconsistent herewith, is hereby repealed. That any cadet whose position in his class entitles him to be re- tained in the service may, upon his own application, be honorably clischarged at the end of four years' course at the Naval Academy, with a proper certificate of graduation. * That the Secretary of the Navy may prescribe a special course of study and training at home or abroad for any naval cadet. Act Aug. 5, 1882, c. 391, $ 1, 22 Stat. 285. These are provisions of the naval appropriation act for the year end- ing June 30, 1883, cited above. The words “do not receive such appoint- ment,” refer to preceding provisions in the same section, relating to the appointment of graduates to vacancies in the lower grades of the line and Engineer Corps and of the Marine Corps, which are superseded by the provisions of Act March 2, 1889, c. 396, § 1, set forth below. See note under Rev. St. § 1521. ACT MARCH 2, 1889, c. 396. An Act to Regulate the Course at the Naval Academy. (25 Stat. 878.) Division of cadets of first class at beginning of fourth year; course of study; appointments to vacancies in Navy. Be it enacted, &c., That the Academic Board of the Naval Acad- emy shall on or before the thirtieth day of September in each year separate the first class of naval cadets then commencing their fourth year into two divisions, as they may have shown special aptitude for the duties of the respective corps, in the proportion which the aggregate number of vacancies occurring in the preceding fiscal year ending on the thirtieth day of June in the lowest grades of commis- sioned officers of the line of the Navy and Marine Corps of the Navy shall bear to the number of vacancies to be supplied from the Acad- emy occurring during the same period in the lowest grade of com- missioned officers of the engineer corps of the Navy; and the cadets so assigned to the line and Marine Corps division of the first class shall thereafter pursue a course of study arranged to fit them for service in the line of the Navy, and the cadets so assigned to the Engineer Corps division of the first class shall thereafter pursue a separate course course of study arranged to fit them for service in the Engineer Corps of the Navy, and the cadets shall thereafter, and until final graduation, at the end of their six years' course, take rank by merit with those in the same division, according to the merit marks; and from the final graduates of the line and Marine Corps division, at the end of their six years' course, appointments shall be made hereafter as it shall be necessary to fill vacancies in the lowest grades of commissioned officers of the line of the Navy and Marine Corps; and the vacancies in the lowest grades of the commissioned officers of the Engineer Corps of the Navy shall be filled in like manner by appointments from the final graduates of the Engineer division at the end of their six years' course: Provided, That no greater num- 1048 (Sec. 1521 Tit. 15—THE NAVY-Ch. 5. * ber of appointments into the said lowest grades of commissioned officers shall be made each year than shall equal the number of va- cancies which shall have occurred in the same grades during the fiscal year then current; such appointments to be made from the final graduates of the year, in the order of merit as determined by the Academic Board of the Naval Academy, the assignment to be made by the Secretary of the Navy upon the recommendation of the Academic Board at the conclusion of the fiscal year then current; but nothing contained herein or in the naval appropriation act of August fifth, eighteen hundred and eighty-two, shall reduce the num- ber of appointments of final graduates at the end of their six years, course below twelve in each year to the line of the Navy, and not less than two shall be appointed annually to the Engineer Corps of the Navy, nor less than one annually to the Marine Corps; and if the number of vacancies in the lowest grades aforesaid, occurring in any year shall be greater than the number of final graduates of that year, the surplus vacancies shall be filled from the final graduates of fol- lowing years, as they shall become available; [Part of section omitted temporary.] Act March 2, 1889, c. 396, § 1, 25 Stat. 878. This section supersedes entirely Rev. St. § 1521, previously repealed in part by a clause of Act Aug. 5, 1882, c. 391, § 1, set forth above. The provisions of that act and of this section supersede also those of Rev. St. $$ 1522-1525, relating to the education at the Academy of cadet engineers, their number, appointment, academic course, examinations, etc. The portion of this section omitted here provided that, in addition to the appointments to the Engineer Corps authorized by the previous pro- visions of the section, there might also be appointed five assistant en- gineers from the graduates, in the order of merit, of the class which finished its six years' course in June, 1886, to take rank and receive pay only from the date of their appointment; and the Engineer Corps was enlarged for the purpose of the appointments so authorized. These pro- visions are omitted as temporary. Provisions that vacancies in the grade of ensign or of assistant engi- neer, exceeding the number of final graduates in the line division, or in the engineer division of the class for the year, may be filled by selection from the final graduates of the class in the engineer division or in the line division, as the case may require, contained in Act July 26, 1894, c. 165, are set forth below. The officers constituting the Engineer Corps are transferred to the line by Act March 3, 1899, c. 413, $8 1-7, ante, following Rev. St. $ 1364. Sec. 2. [Relates to age of admission.] This section fixes the minimum and maximum age of admission of ca- dets to the Academy. It is set forth ante, under Rev. St. § 1517. ACT JULY 26, 1894, c. 165. Appointments to vacancies in Navy from either division. That in order to fill vacancies that may exist in the grade of ensign in the Navy and in the grade of assistant engineer in the Navy, the Secretary of the Navy shall, in case the number of vacancies in either of such grades exceeds the number of naval cadets in the line divi- sion or in the engineer division of the class of naval cadets finally Secs. 1521-1526) 1049 Tit. 15— THE NAVY/Ch. 5. graduated in the year eighteen hundred and ninety-four, or in any one year thereafter, select a number equal to such excess from the final graduates of said class in the engineer division or in the line division, as the case may require, who shall be reported as proficient and be recommended thereto by the Academic Board, and such final graduates shall be appointed to fill vacancies in the grade of ensign in the Navy or in the grade of assistant engineer in the Navy, re- spectively, and the naval cadets so appointed to fill vacancies in such grades shall take rank in those respective grades next after the naval cadets appointed from the line division or from the engineer divi- sion, as the case may be, to fill vacancies in those grades, but among themselves according to merit as determined by the Academic Board. * * Act July 26, 1894, c. 165, 28 Stat. 124. This is a proviso annexed to the appropriation for the pay of the Navy in the naval appropriation act for the year ending June 30, 1895, cited above. Previous provisions relating to appointments of graduates to vacancies in the Navy are contained in Act March 2, 1889, c. 396, § 1, set forth above. The officers constituting tle Engineer Corps are transferred to the line. by Act March 3, 1899, C 413, 88 1-7, ante, following Rev. St. § 1364. Secs. 1522-1525. [Superseded. Açt Aug. 5, 1882, C. 391, § 1; Act March 2, 1889, , c. 396, § 1.] These sections provided for the education at the Academy of cadet engineers. Rev. St. § 1522, authorized the Secretary of the Navy to make provi- sion for the education, as naval constructors or steam engineers, of such midshipmen and others as might show a peculiar aptitude therefor, and, for such purpose, to form a separate class at the academy, to be styled cadet engineers. Rev. St. & 1523, repealed in part and altered by Act June 22, 1874, c. 392, $ 3, 18 Stat. 192, prescribed the number, qualifications, and manner of appointment of the cadet engineers. Rev. St. $ 1524, and Act Feb. 24, 1874, c. 35, $ 2, 18 Stat. 17, provided that the course for cadet engineers should be four years, including two years of service on naval steamers. Rev. St. § 1525, provided for periodical examinations of cadet engi- neers, and for their dismissal if found deficient, or for misconduct. All these sections are superseded by provisions of Act Aug. 5, 1882, c. 391, § 1, and Act March 2, 1889, c. 396, § 1, ante, following Rev. St. § 1521. See notes under that section and the provisions following it. The officers constituting the Engineer Corps are transferred to the line by Act March 3, 1899, c. 413. 88 1-7, ante, following Rev. St. S 1364. Sec. 1526. Studies not to be pursued on Sunday. The Secretary of the Navy shall arrange the course of studies and the order of recitations at the Naval Academy so that the students in said institution shall not be required to pursue their studies on Sunday. Act July 15, 1870, c. 294, $ 21, 16 Stat. 319. The nature and effects of alcoholic drinks and narcotics are required 1050 (Secs. 1527-1528 Tit. 15— THE NAVY-- Ch. 5. to be studied in the Naval Academy, as well as in the Military Academy and in the public schools in the Territories, the District of Columbia, etc., by Act May 20, 1886, c. 362, 24 Stat. 69. Sec. 1527. Store-keeper at the Academy. The store-keeper at the Naval Academy shall be detailed from the Paymaster's Corps, and shall have authority, with the approval of the Secretary of the Navy, to procure clothing and other necessaries for the midshipmen and cadet engineers in the same manner as sup- plies are furnished to the Navy, to be issued under such regulations as may be prescribed by the Secretary of the Navy. Act March 2, 1867, c. 174, § 4, 14 Stat. 516. Sec. 1528. Professors of ethics, Spanish, and drawing. Three professors of mathematics shall be assigned to duty at the Naval Academy, one as professor of ethics and English studies, one as professor of the Spanish language, and one as professor of draw- ing. Act May 21, 1864, c. 93, § 3, 13 Stat. 85. ACT FEB. 14, 1879, c. 68. Board of Visitors; duties; compensation. Naval Academy. * * That from and after the passage of this act there shall be appointed every year, in the following manner, a Board of Visitors, to attend the annual examination of the academy: Seven persons sliáll be appointed by the President, and two Senators and three Members of the House of Representatives shall be desig- nated as Visitors by the Vice-President or President pro tempore of the Senate and the Speaker of the House of Representatives, respect- ively, at the session of Congress next preceding such examination. Each member of said board shall receive not exceeding eight cents per mile traveled by the most direct route from his residence to Annapolis, and eight cents per mile for each mile from said place to his residence on returning. Act Feb. 14, 1879, c. 68, 20 Stat. 290. This is a provision of the naval appropriation act for the fiscal year ending June 1, 1880, cited above. * ACT AUG. 4, 1886, c. 903, § 1. Expenses of Board of Visitors. Naval Academy. * That no part of this sum, or of any other appropriation by Congress for expenses of the Board of Visitors, shall be used to pay for intoxicating liquors. * Act Aug. 4, 1886, c. 903, § 1, 24 Stat. 268. This is a proviso annexed to an appropriation to supply a deficiency in appropriations for the expenses of the Board of Visitors contained in the deficiency appropriation act for the fiscal year ending June 30, 1886, and prior years, cited above. Sec. 1528) 1051 Tit. 15— THE NAVY-Ch. 6. ACT MARCH 2, 1895, c. 186. Professors; promotion of assistant professors. Pay of professors and others, Naval Academy: * * Any assist- ant professor at the Naval Academy who served as such for five years shall have the title and pay of a professor. Act March 2, 1895, c. 186, 28 Stat. 837. This is a provision of the naval appropriation act for the fiscal year ending June 30, 1896. The same rate of compensation is continued there- after by a provision of Act March 3, c. 386, set forth below. ACT MARCH 3, 1897, c. 386. Professors; pay. * * That the proper pay officer of the Navy be, and is hereby, authorized to pay the professors at the Naval Academy, whose com- pensation was affected by the Act making appropriations for the naval service for the fiscal year ending June thirtieth, eighteen hun- dred and ninety-six, approved March second, eighteen hundred and ninety-five, at the rate of compensation fixed by that Act from July first, eighteen hundred and ninety-six. * Act March 3, 1897, c. 386, 29 Stat. 661. This is a proviso annexed to the appropriation for the Naval Academy in the naval appropriation act for the fiscal year ending June 30, 1898, cited above. The provision of Act March 2, 1895, c. 186, referred to, is set forth above. The library of the Academy is constituted a designated depository of Government publications, and one copy of said publications is to be sup- plied to the library, by Act Jan. 12, 1895, c. 23, $ 98, post, under Title XLV, "Public Printing, Advertisements, and Public Documents." CHAPTER SIX. Vessels and Navy-Yards [and Naval Stations7. Sec. 1529, 1530. [Superseded.] Act March 3, 1901, c. 852. Classification of vessels, and assign- ments to command of vessels and squadrons. 1531. [Superseded.] Act May 4, 1898, c. 234. Names of battle ships and monitors. 1532. Two vessels not to bear the same name. 1533. Names of purchased vessels. 1534. Vessels kept in service in time of peace. 1535. How officered and manned. 1536. Cruising to assist distressed navi- gators. Sec. Act June 20, 1874, c. 339. Vessels for nautical schools at cer- tain ports. Act March 3, 1881, c. 141. Vessels for nautical schools at addi- tional ports. Act Aug. 3, 1894, c. 192. Vessels for naval militia of States. Act March 3, 1901, c. 863. Naval equipment for military schools. 1537. Patented articles connected with marine engines. Act Aug. 3, 1886, c. 849, $ 2. Steel for construction of vessels. Act June 10, 1896, c. 399, $ 1. Model tank for experiments. 1052 (Secs. 1529-1531 Tit. 15— THE NAVY/Ch. 6. Sec. Sec. 1538. Repairs on hull and spars. Act June 30, 1876, c. 159, $ 1. 1539. Repairs on sails and rigging. Force at navy-yard not to be in- 1540. Sale of vessels unfit to be repair- creased before election. ed. Act Aug. 5, 1882, c. 391, § 1. 1541. Sale of unserviceable vessels and Washington navy-yard as manufac- materials. turing yard; rope-walk in Boston Act Aug. 5, 1882, c. 391, $ 2. navy-yard. Sale of old material; examination of Act Aug. 7, 1882, c. 433, & 1. vessel; vessels unfit for service Naval training station; esta blish- to be stricken from Navy Register. ment. Act March 3, 1883, c. 141, $ 5. Act Sept. 7, 1888, c. 991. Appraisal and sale of vessels strick- Naval war college; consolidation en from Navy Register. with torpedo station. Act June 30, 1890, c. 640, $ 1. Act March 2, 1895, c. 186. Sale of condemned naval supplies, Naval training station; quarters of stores, and materials. training force. 1542. Commandants of navy-yards. Act April 24, 1896, c. 120. 1543. Master workmen. 1. Additional naval training station; 1544. Laborers, how selected. establishment. 1545. Salaries; per diem compensation. 2. Apprentices to be additional to 1546. Requiring contributions for polit- number of enlisted force. ical purposes at navy-yards. Act Feb. 1, 1901, c. 190. Leaves of absence to employés of na- vy-yards, etc. Secs. 1529, 1530. [Superseded. Act March 3, 1901, c. 852.] These sections divided the vessels of the Navy into four classes, rat- ing them according to the number of their guns, and prescribed the rank of the officers by whom each class should be commanded. They are superseded by provisions of Act March 3, 1901, c. 852, set forth below. ACT MARCH 3, 1901, c. 852. Classification of vessels, and assignments to command of vessels and squadrons. That the President of the United States be, and he is hereby, au- thorized to establish, and from time to time to modify, as the needs of the service may require, a classification of vessels of the Navy, and to formulate appropriate rules governing assignments to com- mand of vessels and squadrons. Act March 3, 1901, c. 852, § 1, 31 Stat. 1133. This is a provision of the naval appropriation act for the year ending March 3, 1902, cited above. Sec. 1531. [Superseded. Act May 4, 1898, c. 234; Act March 3, 1901, c. 852.] This section prescribed a rule for naming the vessels of the Navy according to the several classes of sailing vessels and steamships, re- spectively, as rated under the provision of Rey. St. $$ 1529, 1530. It is superseded in part by the provision for naming first-class battle ships and monitors contained in Act May 4, 1898, c. 234, set forth below, and is rendered inoperative by the provisions for classification of naval vessels of Act March 3, 1901, c. 82, set forth above. Secs. 1531–1535) 1053 Tit. 15--THE NAVY-Ch. 6. ACT MAY 4, 1898, c. 234. Names of battle ships and monitors. That hereafter all first-class battle ships and monitors own- ed by the United States shall be named for the States, and shall not be named for any city, place, or person until the names of the States, shall have been exhausted: Provided, That nothing herein contain- ed shall be so construed as to interfere with the names of States already assigned to any such battle ship or monitor. Act May 4, 1898, c. 234, 30 Stat. 390. This is a provision of the naval appropriation act for the year end- ing June 30, 1899, cited above. * * Sec. 1532. Two vessels not to bear the same name. Care shall be taken that not more than one vessel in the Navy shall bear the same name. Act March 3, 1819, c. 107, § 1, 3 Stat. 538. Act June 12, 1858, c. 153, § 5, 11 Stat. 319. Provisions authorizing the taking and use of certain foreign-built steamships owned by citizens of the United States as cruisers and transports are contained in Act May 10, 1892, c. 63, § 4, post, follow- ing Rev. St. $ 4132. Sec. 1533. Names of purchased vessels. The Secretary of the Navy may change the names of any vessels purchased for the Navy by authority of law. Act Aug. 5, 1861, c. 51, 82, 12 Stat. 316. Sec. 1534. Vessels kept in service in time of peace. The President is authorized to keep in actual service in time of peace, such of the public armed vessels as, in his opinion, may be required by the nature of the service, and to cause the residue thereof to be laid up in ordinary in convenient ports. Act April 21, 1806, c. 35, $ 2, 2 Stat. 390. Sec. 1535. How officered and inanned. Vessels in actual service, in time of peace, shall be officered and manned as the President may direct, subject to the provisions of , section fifteen hundred and twenty-nine. Act April 21, 1806, c. 35, $ 3, 2 Stat. 390. The provisions of Rev. St. 8 1529, referred to in this section, pre- scribed the rank of the officers by whom each class of vessels should be commanded, but are superseded by the provisions of Act March 3, 1901, c. 852, ante, following Rev. St. § 1530, which authorized the President to formulate rules governing assignments to command vessels and squadrons. 1054 (Sec. 1536 Tit. 15— THE NAVY—Ch. 6. Sec. 1536. Cruising to assist distressed navigators. The President may, when the necessities of the service permit it, cause any suitable number of public vessels adapted to the purpose to cruise upon the coast in the season of severe weather and to afford such aid to distressed navigators as their circumstances may require; and such public vessels shall go to sea fully prepared to render such assistance. Act Dec. 22, 1837, c. 1, 5 Stat. 208. The President is authorized to employ in the Coast Survey such pub- lic vessels in actual service as he deems expedient, by Rev. St. § 4686. ACT JUNE 20, 1874, c. 339. An Act to Encourage the Establishment of Public Marine Schools. (18 Stat. 121.) Vessels for nautical schools at certain ports. Be it enacted, &c., That the Secretary of the Navy, to promote nautical education, is hereby authorized and empowered to furnish, upon the application in writing of the Governor of the State, a suit- able vessel of the Navy, with all her apparel, charts, books, and in- struments of navigation, provided the same can be spared without detriment to the naval service, to be used for the benefit of any nautical school, or school or college having a nautical branch, estab- lished at each or any of the ports of New York, Boston, Philadel- phia, Baltimore, Norfolk, and San Francisco, upon the condition that there shall be maintained, at such port, a school or branch of a school for the instruction of youths in navigation, steamship, marine enginery and all matters pertaining to the proper construction, equip- ment and sailing of vessels or any particular branch thereof. And the President of the United States is hereby authorized, when in his opinion the same can be done without detriment to the public serv- ice, to detail proper officers of the Navy as superintendents of, or instructors in, such schools: Provided, That if any such school shall be discontinued, or the good of the naval service shall require, such vessel shall be immediately restored to the Secretary of the Navy, and the officers so detailed recalled: And provided further. That no person shall be sentenced to or received at, such schools as a punishment or commutation of punishment for crime. Act June 20, 1874, c. 339, 18 Stat. 121. This act is extended to certair, additional ports by Act March 3, 1881, c. 141, set forth below. The Secretary of the Navy is authorized to loan a vessel, with charts, books, etc., to any State, upon the application of the Governor thereof, to be used only by the regularly organized naval militia of the State for the purposes of drill and instruction, by Act Aug. 3, 1894, c. 192, set forth below; and the President is authorized, upon like applica- tion, to direct the Secretary of the Navy to furnish a man-of-war's cutter, and other equipment, for use in one military school in any of the States bordering upon the Great Lakes, by Act March 3, 1901, c. 863, set forth below. ACT MARCH 3, 1881, c. 141. An Act to Amend the Act Entitled "An Act to Encourage the Sec. 1536) 1055 Tit. 15— THE NAVY-Ch. 6. Establishment of Public Marine Schools,” Approved June twen- tieth, Eighteen hundred and seventy-four, so as to Extend it to the Ports of Wilmington, Charleston, Savannah, Mobile, New Orleans, Baton Rouge, Galveston, and in Narragansett Bay. Vessels for nautical schools at additional ports. Be it enacted, &c., That the act entitled "An act to encourage the establishment of public marine schools”, approved June twentieth, eighteen hundred and seventy-four, be, and the same is, amended so that it shall extend to the ports of Wilmington, Charleston, Savan- nah, Mobile, New Orleans, Baton Rouge, Galveston, and in Narra- gansett Bay. Act March 3, 1881, c. 141, 21 Stat. 505. ACT AUG. 3, 1894, c. 192. An Act to Promote the Efficiency of the Naval Militia (28 Stat. 219.) Vessels for naval militia of States, Be it enacted, &c., That the Secretary of the Navy be, and is here- by, authorized and empowered to loan temporarily to any State, upon the written application of the governor thereof, a vessel of the Navy, to be selected from such vessels as are not suitable or re- quired for general service, together with such of her apparel, charts, books, and instruments of navigation as he may deem proper; said vessel to be used only by the regularly organized naval militia of the State for the purposes of drill and instruction: Provided, That when the organization of the naval militia of such State shall be abandoned, or when the interests of the naval service shall so re- quire, such vessel, together with her apparel, charts, books, and in- struments of navigation, shall be immediately restored to the custody of the Secretary of the Navy: And provided further, That when such loan is made to the governor of any State, the Secretary of the Navy is authorized to detail from the enlisted force of the Navy a sufficient number of men, not exceeding six for any vessel, as ship- keepers, the men so detailed to be additional to the number of en- listed men allowed by law for the naval establishment, and in mak- ing details for this service preference shall be given to those men who have served twenty years or more in the Navy. Act Aug. 3, 1894, c. 192, 28 Stat. 219. ACT MARCH 3, 1901, c. 863. An Act to Authorize the Secretary of the Navy to Loan Naval Equipment to Certain Military Schools. (31 Stat. 1440.) Naval equipment for military schools. Be it enacted, etc., That the President be, and he is hereby, ali- thorized, upon the application of the governor of any State having seacoast line or bordering on one or more of the Great Lakes, to direct the Secretary of the Navy to furnish to one well-established military school in that State, desiring to afford its cadets instruction 1056 (Sec. 1537 Tit. 15— THE NAVY-Ch. 6. in elementary seamanship, one fully equipped man-of-war's cutter - for every fifty cadets in actual attendance, and such other equip- ment as may be spared and be deemed adequate for instruction in elementary seamanship: Provided, That the said school shall have adequate facilities for cutter drill, and shall have in actual attend- ance at least one hundred and forty cadets in uniform receiving military instruction and quartered in barracks under military regu- lation, and shall have the capacity to quarter and educate at the same time one hundred and fifty cadets: And provided further, That the Secretary of the Navy shall require a bond in each case in double the value of the property, for the care and safe keeping thereof, and for the return of the same when required. Act March 3, 1901, c. 863, 31 Stat. 1440. Sec. 1537. Patented articles connected with marine engines. No patented article connected with marine engines shall hereafter be purchased or used in connection with any steam-vessels of war until the same shall have been submitted to a competent board of naval engineers, and recommended by such board, in writing, for purchase and use. Act July 18, 1861, c. 8, 83, 12 Stat. 268. ACT AUG. 3, 1886, c. 849, $ 2. [As amended 1898.] Steel for construction of vessels. That in the construction of all naval vessels the steel material shall be of domestic manufacture, and of the quality and character- istics best adapted to the various purposes for which it may be used, in accordance with specifications approved by the Secretary of the Navy. * Act Aug. 3, 1886, c. 849, § 2, 24 Stat. 215. Act May 4, 1898, c. 234, § 1, 30 Stat. 369. This section, as originally enacted, as part of Act Aug. 3, 1886, c. 849, cited above, to increase the naval establishment, was a merely temporary provision, that the vessels authorized by the act should be built of steel of domestic manufacture, having a tensile strength of not less than 60,000 pounds per square inch, and an elongation in eight inches of not less than 25 per centum. It is amended by a provision of the naval appropriation act for the year ending June 30, 1899, also cited above, to read as set forth here, applying to all naval vessels. ACT JUNE 10, 1896, c. 399, § 1. Model tank for experiments. For making plans, examining and preparing the ground and other preliminary work toward the construction of a model tank, with all buildings and appliances, to be built upon the grounds of the navy yard at Washington, District of Columbia, under the Bureau of Construction and Repair of the Navy Department, which shall conduct therein the work of investigating and determining the most suitable and desirable shapes and forms to be adopted for United Secs. 1537-1540) 1057 Tit. 15— THE NAVY-Ch. 6. States naval vessels, seven thousand five hundred dollars: Pro- vided, That upon the authorization of the Secretary of the Navy experiments may be made at this establishment for private ship- builders, who shall defray the cost of material and of labor of per diem employees for such experiments: And provided further, That the results of such private experiments shall be regarded as con- fidential and shall not be divulged without the consent of the ship- builder for whom they may be made. Act June 10, 1896, c. 399, § 1, 29 Stat. 372. This is a provision of the naval appropriation act for the year ending June 30, 1897, cited above. * Sec. 1538. Repairs on hull and spars. Not more than three thousand dollars shall be expended at any navy-yard in repairing the hull and spars of any vessel, until the necessity and expediency of such repairs and the probable cost there- of are ascertained and reported to the Navy Department by an ex- amining board, which shall be composed of one captain or com- mander in the Navy, designated by the Secretary of the Navy, the naval constructor of the yard where such vessel may be ordered for repairs, and two master workmen of said yard, or one master work- man and an engineer of the Navy, according to the nature of the repairs to be made. Said master workmen and engineer shall be designated by the head of the Bureau of Construction and Repair. Act Feb. 21, 1861, c. 49, § 1, 12 Stat. 147. Recent appropriation acts contain provisions limiting the amounts to be applied to repairs of any wooden ship to ten per cent. of the estimated cost of a new ship, or to repairs of engines, boilers, and ma- chinery, of wooden ships, to ten per cent. of the estimated cost of new engines and machinery. See Act March 3, 1901, c. 852, 31 Stat. 1125, 1126. Sec. 1539. Repairs on sails and rigging. Not more than one thousand dollars shall be expended in repairs on the sails and rigging of any vessel, until the necessity and ex- pediency of such repairs and the estimated cost thereof have been ascertained and reported to the Navy Department by an examining board, which shall be composed of one naval officer, designated by the Secretary of the Navy, and the master rigger and the master sail-maker of the yard where such vessel may be ordered. Act Feb. 21, 1861, c. 49, § 1, 12 Stat. 147. Sec. 1540. Sale of vessels unfit to be repaired. The President may direct any armed vessel of the United States to be sold when, in his opinion, such vessel is so much out of repair that it will not be for the interest of the United States to repair her. Act April 21, 1806, c. 47, § 3, 2 Stat. 402. Provisions relating to the sale of old materials, vessels stricken from LAWS '01-67 1058 (Sec. 1541 Tit. 15— THE NAVY-Ch. 6. the Register, and condemned supplies and stores are contained in Act Aug. 5, 1882, c. 391, § 2, Act March 3, 1883, c. 141, § 5, and Act June 30, 1890, c. 640, § 1, set forth below. Sec. 1541. Sale of unserviceable vessels and materials. The Secretary of the Navy is authorized and directed to sell, at public sale, such vessels and materials of the United States Navy as, in his judgment, cannot be advantageously used, repaired, or fittel out; and he shall, at the opening of each session of Congress, make a full report to Congress of all vessels and materials sold, the parties buying the same, and the amount realized therefrom, together with such other facts as may be necessary to a full understanding of his acts. Act March 23, 1872, c. 195, $ 2, 17 Stat. 154. See note under Rev. St. § 1540. ACT AUG. 5, 1882, c. 391, § 2. * * Sale of old material; examination of vessels; vessels unfit for service to be stricken from Navy Register. And no old material of the Navy shall hereafter be sold or exchanged by the Secretary of the Navy, or by any officer of the Navy, which can be profitably used by reworking or otherwise in the construction or repair of vessels, their machinery, armor, arma- ment, or equipment; but the same shall be stored and preserved for future use. And when any such old material can not be profitably used as aforesaid, the same shall be appraised and sold at public auction after public notice and advertisement shall have been given according to law under such rules and regulations and in such man- ner as the said Secretary may direct. The net proceeds arising from the sales of such old materials shall be paid into the Treasury. It shall be the duty of the Secretary of the Navy annually to report in detail to Congress, in his annual report, the proceeds of all sales of materials, stores, and supplies, made under the provisions of this act, and the expenses attending such sales. It shall also be the duty of the Secretary of the Navy, as soon as may be after the passage of this act, to cause to be examined by competent boards of officers of the Navy, to be designated by him for that duty, all vessels be- longing to the Navy not in actual service at sea, and vessels at sea as soon as practicable after they shall return to the United States, and hereafter all vessels on their return from foreign stations, and all vessels in the United States as often as once in three years, when practicable; and said boards shall ascertain and report to the Secre- tary of the Navy, in writing, which of said vessels are unfit for fur- ther service, or, if the same are unfinished in any navy-yard, those which can not be finished without great and disproportionate ex- pense, and shall in such report state fully the grounds and reasons for their opinion. And it shall be the duty of the Secretary of the Navy, if he shall concur in opinion with said report, to strike the Sec. 1541) 1059 Tit. 15— THE NAVY—Ch. 6. name of such vessel or vessels from the Navy Register and report the same to Congress. Act Aug. 5, 1882, c. 391, § 2, 22 Stat. 296. This section is a part of the naval appropriation act for the year ending June 30, 1883, cited above. The omitted portion of the sec- tion provides that it shall be the duty of the Secretary of the Navy “to cause an account to be taken of the stock of stores and supplies pertaining and belonging to the several bureaus of the Navy Depart- ment, in which account shall be stated the original cost of each article and the date of purchase, so far as the same is known, and cause an appraisement of the present value of such stores and supplies to be made and entered in such account; and said appraised value, when so entered, shall hereafter be the price at which they shall be charged in accounting with the several bureaus. Such appraisal shall be made by boards of officers of the Navy to be designated by the Secretary; and all such stores and supplies as shall be found by boards of appraisers to be unserviceable for use in the Navy shall be condemned and sold in the manner hereinafter provided for the sale of old materials, and the proceeds thereof, after deducting the cost of such appraisal, condemna- tion, and sale, shall be paid into the Treasury." The Secretary of the Navy was authorized to dispose of the useless ordnance material on hand at public sale, by Act March 3, 1875, C. 130, § 1, 18 Stat. 388. The net proceeds of the sale were to be turned into the Treasury; and an amount equal to the same was appropriated, to be applied to the purpose of procuring a supply of material adapted in manufacture and caliber to the then present wants of the service, not to exceed $75,000 in one year. Said provision is superseded by the provisions of this section. The sale of arms, equipments, etc., of the Militia, is governed by Act Feb. 12, 1887, c. 129, $ 4, post, following Rev. St. § 1661. The sale of unserviceable ordnance stores and useless ordnance ma- terials, and the disposition of the proceeds thereof, are regulated and governed by Act June 22, 1874, c. 413, and Act March 3, 1875, c. 130, § 1, post, following Rev. St. $ 1673, subchapter "Ordnance Materials, Stores, and Supplies." The disposition of the proceeds of the sale of old material, condemned stores, etc., generally is regulated by Rev. St. $ 3618, and acts amenda- tory thereof and subsequent thereto. See post, Title XL, "The Public Moneys." ACT MARCH 3, 1883, c. 141, 8 5. Appraisal and sale of vessels stricken from Navy Register. It shall be the duty of the Secretary of the Navy to cause to be appraised, in such manner as may seem best, all vessels of the Navy which have been stricken from the Navy Register under the pro- visions of the act making appropriations for the naval service for the fiscal year ending June thirtieth, eighteen hundred and eighty- three, and for other purposes, approved August fifth, eighteen hun- dred and eighty-two. And if the said Secretary shall deem it for the best interest of the United States to sell any such vessel or vessels, he shall, after such appraisal, advertise for sealed proposals for the purchase of the same, for a period not less than three months, in such newspapers as other naval advertisements are published, set- ting forth the name and location and the appraised value of such vessel, and that the same will be sold, for cash, to the person or persons or corporation or corporations offering the highest price 1060 (Sec. 1541 Tit. 15— THE NAVY-Ch. 6. therefor above the appraised value thereof; and such proposals shall be opened on a day and hour and at a place named in said advertise- ment, and record thereof shall be made. The Secretary of the Navy shall require to accompany each bid or proposal a deposit in cash of not less than ten per centum of the amount of the offer or pro- posal, and also a bond, with two or more sureties to be approved by him, conditioned for the payment of the remaining ninety per centum of the amount of such offer or proposal within the time fixed in the advertisement. And in case default is made in the pay- ment of the remaining ninety per centum, or any part thereof, the Secretary, within the prescribed time thereof, shall advertise and re- sell said vessel under the provisions of this act. And in that event said cash deposit of ten per centum shall be considered as forfeited to the government, and shall be applied, first, to the payment of all costs and expenditures attending the advertisement and resale of said vessel; second, to the payment of the difference, if any, be- tween the first and last sale of said vessel; and the balance, if any, shall be covered into the Treasury: Provided, however, That noth- ing herein contained shall be construed to prevent a suit upon said bond for breach of any of its conditions. Any vessel sold under the foregoing provisions shall be delivered to the purchaser upon the full payment to the Secretary of the Navy of the amount of such proposal or offer; and the net proceeds of such sale shall be covered into the Treasury. But no vessel of the Navy shall here- after be sold in any other manner than herein provided, or for less than such appraised value, unless the President of the United States shall otherwise direct in writing. Act March 3, 1883, c. 141, § 5, 22 Stat. 599. This section is a part of the deficiency appropriation act for the year ending June 30, 1883, and for prior years. The omitted portion of this section provided that “in case any vessel now in process of construc- tion in any navy-yard has been or shall be found to be unworthy of being completed, and has been and shall be condemned under the provisions of said act, and cannot properly be sold, and it becomes nec- essary to remove the same, the cost of such removal shall be paid out of the net proceeds derived from the sale of other vessels hereby au- thorized to be sold." The provisions of Act Aug. 5, 1882, c. 391, § 2, referred to in this section, are set forth above. ACT JUNE 30, 1890, c. 640, § 1. Sale of condemned naval supplies, stores, and materials. * * The Secretary of the Navy is hereby authorized to sell, after advertisement of the sale for such time as in his judgment the public interests may require, condemned naval supplies, stores, and mate- rials, either by public auction or by advertisement for sealed pro- posals for the purchase of the same. * Act June 30, 1890, c. 640, § 1, 26 Stat. 194. This is a provision of the naval appropriation act for the year ending June 30, 1891, cited above. * Secs. 1542-1546) Tit. 15— THE NAVY —Ch. 6. 1061 Sec. 1542. Commandants of navy-yards. The President may select the commandants of the several navy- yards from officers not below the grade of commander. Act Aug. 2, 1861, c. 36, 12 Stat. 285. Act July 5, 1862, c. 134, § 2, 12 Stat. 510. Sec. 1543. Master workmen. The persons employed at the several navy-yards to superintend the mechanical departments, and heretofore known as master me- chanics, master carpenters, master joiners, master blacksmiths, mas- ter boiler-makers, master sail-makers, master plumbers, master paint- ers, master calkers, master masons, master boat-builders, master'spar- makers, master block-makers, master laborers, and the superintend- ents of rope-walks shall be men skilled in their several duties and appointed from civil life, and shall not be appointed from the officers of the Navy. Act June 17, 1868, c. 61, § 1, 15 Stat. 69. Sec. 1544. Laborers, how selected. Laborers shall be employed in the several navy-yards by the proper officers in charge with reference to skill and efficiency, and without regard to other considerations. Act May 23, 1872, c. 195, § 1, 17 Stat. 146. Sec. 1545. Salaries; per diem compensation. Salaries shall not be paid to any employés in any of the navy-yards, except those who are designated in the estimates. All other persons shall receive a per diem compensation for the time during which they may be actually employed. Act July 14, 1862, c. 164, § 1, 12 Stat. 564. Sec. 1546. Requiring contributions for political purposes at navy-yards. No officer or employé of the Government shall require or request any working man in any navy-yard to contribute or pay any money for political purposes, nor shall any working man be removed or discharged for political opinion; and any officer or employé of the Government who shall offend against the provisions of this section shall be dismissed from the service of the United States. Act March 2, 1867, c. 172, & 3, 14 Stat. 492. 1062 (Sec. 1546 Tit. 15— THE NAVY —Ch. 6. ACT JUNE 30, 1876, c. 159, $1. Force at navy-yard not to be increased before election. And no increase of the force at any navy-yard shall be made at any time within sixty days next before any election to take place for President of the United States, or members of Congress, ex- cept when the Secretary of the Navy shall certify that the needs of the public service make such increase necessary at that time which certificate shall be immediately published when made. Act June 30, 1876, c. 159, § 1, 19 Stat. 69. This is a provision of the naval appropriation act for the year ending June 30, 1877, cited above. ACT AUG. 5, 1882, c. 391, § 1. Washington navy-yard as manufacturing yard; rope-walk in Boston navy-yard. * That the navy-yard at Washington, District of Columbia, may, at the discretion of the Secretary of the Navy, be maintained as a manufacturing yard for the Bureaus of Equipment and Recruiting and Ordnance, and that work may be continued in the rope-walk in the Boston navy-yard: And provided further, That nothing herein shall be held to interfere with the permanent improvement of any navy-yard as now authorized by law, or the expenditure for such pur- pose of any money appropriated by Congress therefor. * * Act Aug. 5, 1882, c. 391, 81, 22 Stat. 289. These are provisos annexed to the appropriation for the civil estab- lishment at navy-yards in the naval appropriation act for the year ending June 30, 1883, cited above. ACT AUG. 7, 1882, c. 433, $ 1. Naval training station; establishment. * * For repairing and extending wharf and the erection of boat houses on Coasters' Harbor Island, * * and the cession by the State of Rhode Island to the United States of said Island for use as a naval training station is hereby accepted. Act Aug. 7, 1882, c. 433, § 1, 22 Stat. 324. A provision relating to the quarters of the training force of this train- ing station is contained in Act March 2, 1895, c. 186, set forth below. Provisions for the establishment of a training station in the harbor of San Francisco, Cal., are contained in Act April 24, 1896, c. 120, § 1, set forth below. * * ACT SEPT. 7, 1888, c. 991. Naval war college; consolidation with torpedo station. * * Training Station, Coasters' Harbor Island, Rhode Island: to enable the naval war college to be conducted at said island up to January first, eighteen hundred and eighty-nine: * * Pro- vided, That the Secretary of the Navy is hereby authorized to consoli- date and place under one command the torpedo station and the naval war college at Newport, Rhode Island after said date. * * Act Sept. 7, 1888, c. 991, 25 Stat. 458. This is a provision of the naval appropriation act for the year ending June 30, 1889, c. 991, cited above. Sec. 1546) - Tit. 15— THE NAVY --Ch1063 . 6. ACT MARCH 2, 1895, c. 186. * Naval training station; quarters of training force. Naval Training Station, Coasters Harbor Island, Rhode Island (for apprentices): * Provided, That no part of the personnel of the training force shall be quartered on shore except in case of sick- ness. Act March 2, 1895, c. 186, 28 Stat. 827. This is a provision of the naval appropriation act for the year end- ing June 30, 1895, c. 186, cited above. ACT APRIL 24, 1896, c. 120. An Act Providing for a Naval Training Station on the Island of Yerba Buena (or Goat Island), in the Harbor of San Francisco, California, and for other purposes. (29 Stat. 96.) Additional naval training station; establishment. Be it enacted, &c., That the Secretary of the Navy be, and he is hereby, authorized to establish a training station for naval apprentices on the island of Yerba Buena (or Goat Island), in the harbor of San Francisco, California; and said Secretary is authorized to designate two officers of the Navy, and the Secretary of War is authorized to designate one officer of the Army, said three officers to constitute a board, who shall select and assign so much of said island as may be necessary for the purpose of establishing said naval training station; and the site so selected, when approved by the President, shall be, by virtue of this Act, transferred to the Navy Department for the pur- poses of said naval training station. Act April 24, 1896, c. 120, § 1, 29 Stat. 96. Apprentices to be additional to number of enlisted force. Sec. 2. That all apprentices of the Navy, whether at a training sta- tion or on board an apprentice training ship, shall be additional to the number of enlisted persons allowed by law for the Navy. Act April 24, 1896, c. 120, $ 2, 29 Stat. 97. Previous provisions which included apprentices in the number to which the enlisted force was limited are contained in Rev. St. § 1417, and subsequent statutes set forth and referred to under that section. ACT FEB. 1, 1901, c. 190. An Act Providing for Leaves of Absence to Certain Employés of the Government. (31 Stat. 746.) Leaves of absence to employés of navy yards, etc. Be it enacted, etc., That each and every employee of the navy- yards, gun factories, naval stations, and arsenals of the United States Government be, and is hereby, granted fifteen working days' leave of absence each year without forfeiture of pay during such leave : Provided, That it shall be lawful to allow pro rata leave only to those serving twelve consecutive months or more: And provided further, That in all cases the heads of divisions shall have discretion as to the time when the leave can best be allowed without detriment to 1064 (Secs. 1546–1549 Tit. 15—THE NAVY--Ch. 7. the service, and that absence on account of sickness shall be deducted from the leave hereby granted. Act Feb. 1, 1901, c. 190, 31 Stat. 746. All per diem employés of the government on duty at Washington, including employés of the navy-yard, are allowed as holidays the first day of January, the twenty-second day of February, the fourth day of July, the twenty-fifth day of December, and such days as may be designated by the President as days for national thanksgiving, by Res. Jan. 6, 1885, No. 5; and Memorial or Decoration Day is also made a holiday for all per diem employés of the government by Res. Feb. 23, 1887, No. 6, post, following Rev. St. § 1790. CHAPTER SEVEN. General Provisions Relating to the Navy. Sec. 1547. Regulations. 1548. Copy to be furnished to officers. 1549. Regulations of supplies. 1550. Appointment of persons to dis- burse money on foreign sta- tions. Sec. 1551. Insane of the Navy. 1552. Coal-depots. 1553. Enticing persons to desert. 1554. Captured flags. 1555. Preservation of, in some public place. Sec. 1547. Regulations. The orders, regulations, and instructions issued by the Secretary of the Navy prior to July 14, 1862, with such alterations as he may since have adopted, with the approval of the President, shall be recog- nized as the regulations of the Navy, subject to alterations adopted in the same manner. Act July 14, 1862, c. 164, § 5, 12 Stat. 565. Sec. 1548. Copy to be furnished to officers. The Secretary of the Navy shall cause each commissioned or war- rant officer of the Navy, on his entry into the service, to be furnished with a copy of the regulations and general orders of the Navy De- partment then in force, and thereafter with a copy of all such as may be issued. Act July 17, 1862, c. 204, $ 19, 12 Stat. 610. Sec. 1549. Regulations of supplies. It shall be the duty of the President to make, subject to the provi- sions of law concerning supplies, such regulations for the purchase, preservation, and disposition of all articles, stores, and supplies for Secs. 1550-1553) 1065 Tit. 15— THE NAVY-Ch. 7. persons in the Navy, as may be necessary for the safe and economical administration of that branch of the public service. Act Aug. 26, 1842, c. 206, § 2, 5 Stat. 535. Act March 3, 1847, c. 48, $ 1,9 Stat. 171. Sec. 1550. Appointment of persons to disburse money on foreign stations. No person shall be employed or continued abroad, to receive and pay money for the use of the naval service on foreign stations, whether under contract or otherwise, who has not been, or shall not be, appointed by and with the advice and consent of the Senate. Act June 17, 1844, c. 107, § 4, 5 Stat. 703. Sec. 1551. Insane of the Navy. The Secretary of the Navy may cause persons in the naval service or Marine Corps, who become insane while in the service, to be placed in such hospital for the insane as, in his opinion, will be most conven- ient and best calculated to promise a restoration of reason. And he may pay to any such hospital, other than the Government Hospital for the Insane in the District of Columbia, the pay which may from time to time be due to such insane person, and he may, in addition thereto, pay to such institution, froin the annual appropriation for the naval service, under the head of contingent enumerated, any deficiency of a reasonable expense, not exceeding one hundred dollars per annum. Act Aug. 3, 1848, c. 121, § 13, 9 Stat. 272. Act July 2, 1864, c. 210, § 2, 13 Stat. 348. Sec. 1552. Coal-depots. The Secretary of the Navy may establish, at such places as he may deem necessary, suitable depots of coal, and other fuel, for the supply of steamships of war. Act Aug. 31, 1842, c. 279, 87, 5 Stat. 577. Appropriations to enable the Secretary of the Navy to execute the provisions of this section are made in the naval appropriation acts an- nually. See Act March 3, 1901, c. 852, 31 Stat. 1113. Sec. 1553. Enticing persons to desert. Any person who shall entice or procure, or attempt to entice or procure, any seaman or other person in the naval service of the United States, or who has been recruited for such service, to desert there- from, or who shall in anywise aid or assist any such seaman or other person in deserting, or in attempting to desert from such service, or who shall harbor, conceal, protect, or in anywise assist any such sea- man or other person who may have deserted from said service, know- 1066 (Secs. 1554-1555 Tit. 15— THE NAVY —Ch. 8. ing him to have deserted therefrom, or who shall refuse to give up and deliver such person on the demand of an officer authorized to receive him, shall be punished by imprisonment for not less than six months nor more than three years, and by fine of not more than two thousand dollars, to be enforced in any court of the United States having jurisdiction. Act July 1, 1864, c. 204, 13 Stat. 343. Sec. 1554. Captured flags. The Secretary of the Navy shall cause to be collected and trans- mitted to him, at the seat of Government of the United States, all such flags, standards, and colors as shall have been or may hereafter be taken by the Navy from enemies. Act April 18, 1814, c. 78, § 1, 3 Stat. 133. A similar provision for the collection by the Secretary of War of flags, etc., taken by the Army, is contained in Rev. St. $ 218. Sec. 1555. Preservation of, in some public place. All flags, standards, and colors of the description mentioned in the foregoing section, which are now in the possession of the Navy Department, or may hereafter be transmitted to it, shall be delivered to the President, for the purpose of being, under his direction, pre- served and displayed in such public place as he may deem proper. Act April 18, 1814, c. 78, § 1, 3 Stat. 133. CHAPTER EIGHT. Pay, Emoluments, and Allowances. Sec. 1556. General rule; mates; naval con- structors; chaplains; professors of mathematics and civil engi- neers; warrant officers; secre. taries and clerks. Act March 3, 1877, c. 111. Naval cadets, at sea. Act Aug. 5, 1882, c. 391, $ 1. Naval cadets. Act March 3, 1883, c. 97, 8 1. Sec service to officers appointed from civil life; prize, and bounty for sinking, etc., vessels of enemy, abolished; effect of act on existing pay. Act March 3, 1899, c. 421. Admiral. Act June 7, 1900, c. 859. Pay of existing commissioned offi- cers not reduced. 1557. Furlough pay. 1558. No additional allowances, except Service pay; computation of service. Act June 10, 1896, c. 399, $ 1. Benefit of previous service in differ- ent corps. Act March 3, 1899, c. 413, & 13. Officers of line and of Medical and Pay Corps: chaplains: credit for as herein specified. 1559. Volunteer service. 1560. Commencement of pay; original entry. Sec. 1556) 1067 Tit. 15— THE NAVY —Ch. 8. Sec. Act March 3, 1893, c. 212. Commencement of pay; graduates of Naval Academy. 1561. [Superseded.] Act June 22, 1874, c. 392. 1. Commencement of pay; promoted officers. 2. Officer dismissed and restored by finding of court-martial. 3. [Repeals Rev. St. § 1523.] 1562. In cases of delayed examination. 1563. Advances to persons on distant stations. 1564. Person acting as paymaster when office vacant in ship at sea. 1565. [Superseded.] 1566. [Superseded.] Act Aug. 5, 1882, c. 391, $ 1. Expenses of officers traveling abroad. Act June 7, 1900, c. 859. Mileage within United States, and expenses for travel outside United States. Act March 3, 1901, c. 852. Expenses for travel repeated between two or more places. 1567. Officers serving as store-keepers on foreign stations. 1568. Civilians, store-keepers on foreign stations. 1569. Enlisted men. 1570. Additional pay for serving as fire- men and coal-heavers. 1571. Sea service. Act March 3, 1883, c. 97, § 2. Shore duty; employment of officers, and orders therefor. Act July 19, 1892, c. 206. Shore duty; duration of service. Act March 3, 1901, c. 852. Shore duty; commutation of quar- ters; pay for shore duty beyond seas. 1572. Detention beyond term of enlist- ment. Sec. 1573. Bounty pay for re-enlisting. 1574. Crews of wrecked or lost vessels. 1575. Crews of vessels taken by an enemy. 1576. Assignment of wages. Act June 10, 1896, c. 399, § 1. Allotment of pay. 1577. Rations of midshipmen. 1578. Rations of other officers. 1579. When rations not allowed. Act Jan. 30, 1885, c. 43, § 1. Rations to enlisted men and boys, and to naval cadets. 1580. Navy ration, constituents of. 1581. Substitutions in. Act May 3, 1880, c. 73. Substitutions in. 1582. Short allowance. 1583. Rations stopped for the sick. 1584. Additional ration. 1585. Commutation price of ration. 1586. Medicines and medical attend- ance. 1587. Funeral expenses. 1588. Pay of retired officers. 1589. Rear-admirals. 1590. Third assistant engineers. 1591. [Superseded.] 1592. Pay on active duty. 1593. Officers retired on furlough pay. 1594. Transfer from furlough to retired pay. 1595. Rations. Act Feb. 9, 1889, c. 119. 1. Deposits of seamen's savings. 2. Interest on deposits. 3. Regulations for deposits. Act July 28, 1892, c. 311, $ 2. Limitation of claims for sea pay or commutation of rations. Act July 7, 1898, c. 571. Limitation of claims for difference between mileage and expenses. Sec. 1556. General rule; mates; naval constructors; chaplains; professors of mathematics and civil engineers; warrant officers; secretaries and clerks. The commissioned officers and warrant officers on the active list of the Navy of the United States, and the petty officers, seamen, ordi- nary seamen, firemen, coal-heavers, and employés in the Navy, shall 1068 (Sec. 1556 Tit. 15— THE NAVY-Ch. 8. * * be entitled to receive annual pay at the rates herein stated after their respective designations: [Part of section omitted superseded. Act March 3, 1877, c. III; Act Aug. 5, 1882, c. 391, § 1; Act March 3, 1899, C. 413, $$ 7, 13; Act March 3, 1899, c. 421.] Mates, when at sea, nine hundred dollars; on shore duty, seven hundred dollars; on leave, or waiting orders, five hundred dollars. [Part of section omitted superseded. Act March 3, 1899, c. 413, § 13.] Naval constructors, during the first five years after date of appoint- ment, when on duty, three thousand two hundred dollars; on leave, or waiting orders, two thousand two hundred dollars; during the second five years after such date, when on duty, three thousand four hundred dollars; on leave, or waiting orders, two thousand four hun- dred dollars; during the third five years after such date, when on duty, three thousand seven hundred dollars; on leave, or waiting or- ders, two thousand seven hundred dollars ; during the fourth five years after such date, when on duty, four thousand dollars; on leave, or waiting orders, three thousand dollars; after twenty years from such date, when on duty, four thousand two hundred dollars; on leave, or waiting orders, three thousand two hundred dollars. Assistant naval constructors, during the first four years after date of appointment, when on duty, two thousand dollars; on leave, or waiting orders, one thousand five hundred dollars; during the second four years after such date, when on duty, two thousand two hundred dollars; on leave, or waiting orders, one thousand seven hundred dol- lars; after eight years from such date, when on duty, two thousand six hundred dollars; on leave, or waiting orders, one thousand nine hundred dollars. Chaplains, during the first five years after date of commission, when at sea, two thousand five hundred dollars; on shore duty, two thou- sand dollars; on leave, or waiting orders, one thousand six hundred dollars; after five years from such date, when at sea, two thousand eight hundred dollars; on shore duty, two thousand three hundred dollars; on leave, or waiting orders, one thousand nine hundred dol- lars. Professors of mathematics and civil engineers, during the first five years after date of appointment, when on duty, two thousand four hundred dollars; on leave, or waiting orders, one thousand five hun- dred dollars; during the second five years after such date, when on duty, two thousand seven hundred dollars; on leave, or waiting or- ders, one thousand eight hundred dollars; during the third five years after such date, when on duty, three thousand dollars; on leave, or waiting orders, two thousand one hundred dollars; after fifteen years from such date, when on duty, three thousand five hundred dollars; on leave, or waiting orders, two thousand six hundred dollars. Boatswains, gunners, carpenters, and sail-makers, during the first three years after date of appointment, when at sea, one thousand two hundred dollars; on shore duty, nine hundred dollars; on leave, or waiting orders, seven hundred dollars; during the second three years after such date, when at sea, one thousand three hundred dol- Sec. 1556) 1069 Tit. 15— THE NAVY—Ch. 8. lars; on shore duty, one thousand dollars; on leave, or waiting or- ders, eight hundred dollars; during the third three years after such date, when at sea, one thousand four hundred dollars; on shore duty, cne thousand three hundred dollars; on leave, or waiting orders, nine hundred dollars; during the fourth three years after such date, when at sea, one thousand six hundred dollars; on shore duty, one thou- sand three hundred dollars; on leave, or waiting orders, one thousana dollars; after twelve years from such date, when at sea, one thousand eight hundred dollars; on shore duty, one thousand six hundred dollars; on leave, or waiting orders, one thousand two hundred dollars. [Part of section omitted superseded. Act May 4, 1878, c. 91.] Secretaries to commanders of squadrons, two thousand dollars. Secretary of the Naval Academy, one thousand eight hundred dol- lars. [Part of section omitted superseded. Act May 4, 1873, c. 91.] First clerks to commandants of navy-yards, one thousand five hun- dred dollars. Second clerks to commandants of navy-yards, one thousand two hundred dollars. Clerk to commandant of navy-yard at Mare Island, one thousand eight hundred dollars. Clerks to commandants of naval stations, one thousand five hun- dred dollars. Clerks to paymasters at navy-yards, Boston, New York, Philadel- phia, and Washington, one thousand six hundred dollars; Kittery, Norfolk, and Pensacola, one thousand four hundred dollars; Mare Island, one thousand eight hundred dollars. Clerks to paymasters, at other stations, one thousand three hun- dred dollars. Clerks to paymasters of receiving-ships at Boston, New York, and Philadelphia, one thousand six hundred dollars; at Mare Island, one thousand eight hundred dollars; of other receiving-ships, one thou- sand three hundred dollars. Clerks to paymasters on vessels of the first rate, one thousand three hundred dollars; on vessels of the second rate, one thousand one hundred dollars; on vessels of the third rate, and supply-vessels and store-ships, one thousand dollars. Clerks to fleet paymasters, one thousand one hundred dollars. Clerks to paymasters at the Naval Academy and Naval Asylum, one thousand three hundred dollars. Clerks to inspectors in charge of provisions and clothing, at navy- yards, Boston, New York, Philadelphia, and Washington, one thou- sand six hundred dollars; to inspectors in like charge at other inspec- tions, one thousand three hundred dollars. [Part of section omitted superseded. Act March 3, 1877, C. III; Act Aug. 5, 1882, C, 391, § 1.] Act July 15, 1870, c. 295, $ 3, 16 Stat. 330. The portions of this section omitted here are superseded by subsequent * 1070 (Sec. 1556 Tit. 15— THE NAVY-Ch. 8. provisions,-principally those of Act March 3, 1899, c. 413, § 13, set forth below,-under which commissioned officers of the line and of the Medical and Pay Corps receive the same pay and allowances as of- ficers of corresponding rank in the Army. Provisions of this section for pay of the Admiral and Vice-Admiral, who were included in the active list of the line by Rev. St. § 1362, be- came inoperative on those grades ceasing to exist, pursuant to the pro- viso annexed to that section. The pay and allowances of the Admiral appointed under Act March 2, 1899, c. 378, and Act March 3, 1899, c. 421, ante, following Rev. St. § 1362, are the same as those received by the last General of the Army, by a provision of the act last named, set forth below. Rear-admirals, ranking with major-generals of the Army by Rev. St. $ 1466, are entitled to the same pay and allowances under Act March 3, 1899, c. 413, § 13, set forth below, but by a provision in section 7 of that act, ante, following Rev. St. $ 1364, the rear-admirals embraced in the nine lower numbers of that grade receive the pay and allowances of a brigadier-general in the Army. By another provision of the same section, a chief of bureau below the rank of rear-admiral has that rank, and receives the pay and allowances of a brigadier-general in the Army. Provisions of this section for the pay of commodores have become inoperative, that grade having been omitted from the composition of the active list of the line prescribed by Act March 3, 1899, c. 413, § 7, ante, following Rev. St. $ 1364; but, by a further proviso of that sec- tion, nothing therein is to prevent the retirement of officers then having the rank of commodore, with the rank and pay of that grade. Provisions of this section for pay of cadet-midshipmen and cadet- engineers are superseded by those of Act March 3, 1877, c. 111, and Act Aug. 5, 1882, c. 391, § 1, set forth below; the designation of both being also changed to "naval cadets" by other provisions of the act last mentioned. Provisions of this section for pay of mates are superseded, as to those in the service at the passage of Act Aug. 1, 1894, c. 176, ante, follow- ing Rev. St. 1465, by a provision of that act which increases their rates of pay. Boatswains, gunners, carpenters, and sailmakers, commissioned under Act March 3, 1899, c. 413, 12, ante, following Rev. St. § 1406, by provisos of that section and of section 13 of that act, have, on promo- tion, the pay and allowances of a second lieutenant in the Marine Corps, without reduction when on shore; and by a further proviso of section 12 the pay of boatswains, gunners, carpenters, and sailmakers is the same as that previously allowed. Pharmacists in the Hospital Corps have the pay and allowances of warrant officers, by Act June 17, 1898, c. 463, § 1, ante, following Rev. St. § 1406. Provisions of this section for pay of secretaries and clerks to the Admiral and to commanders of squadrons and vessels are superseded by Act May 4, 1878, c. 91, § 1, ante, following Rev. St. 8 1367, which provides for the detail of officers to perform the duties of those posi- tions. Payment of officers of the Navy and Marine Corps employed by any person or company furnishing naval supplies or war materials to the Government is forbidden by Act June 10, 1896, c. 399, ante, following Rev. St. § 1440. Provisions for payment of officers appointed for temporary service in the Navy during the war with Spain, who entered upon the per- formance of their duty prior to their acceptance of their commissions and the execution of their oaths of office, of the pay of their grades during such interval, are contained in Act March 3, 1899, c. 421, 30 Stat. 1025. They are omitted, as temporary merely. Provisions for extra pay to the officers and enlisted men composing the temporary force of the Navy during the war with Spain are con- Sec. 1556) 1071 Tit. 15— THE NAVY —Ch. 8. tained in the deficiency appropriation act for the fiscal year ending June 30, 1899. Act March 3, 1899, c. 427, 30 Stat. 1228. They are omitted, as temporary merely. ACT MARCH 3, 1877, c. 111. Naval cadets, at sea. That cadet-midshipmen, during such period of their course of in- struction as they shall be at sea in other than practice ships, shall each receive as annual pay not exceeding nine hundred and fifty dol- lars. Act March 3, 1877, c. 111, 19 Stat. 390. This is a provision of the naval appropriation act for the fiscal year ending June 30, 1878, cited above. The designation "cadet-midshipmen” is changed to "naval cadets" by Act Aug. 5, 1882, c. 391, § 1, ante, under Rev. St. § 1512, and the pay of naval cadets is that allowed to cadet-midshipmen, by a further pro- vision of the same act, set forth below. ACT AUG. 5, 1882, c. 391, $ 1. Naval cadets. That the pay of naval cadets shall be that now allowed by law to cadet-midshipmen. Act Aug. 5, 1882, c. 391, § 1, 22 Stat. 285. This is a provision of the naval appropriation act for the fiscal year ending June 30, 1883, cited above, previous provisions of which directed that naval cadets should be appointed instead of cadet-midshipmen and cadet engineers, and that all undergraduates at the Naval Academy should be designated "naval cadets.” Ante, under Rev. St. § 1512. ACT MARCH 3, 1883, c. 97, $ . Service pay; computation of service. And all officers of the Navy shall be credited with the actual time they may have served as officers or enlisted men in the regular or volunteer Army or Navy, or both, and shall receive all the benefits of such actual service in all respects in the same manner as if all said service had been continuous and in the regular Navy in the low- est grade having graduated pay held by such officer since last enter- ing the service: Provided, "That nothing in this clause shall be so construed as to authorize any change in the dates of commission or in the relative rank of such officers: Provided further, That nothing herein contained shall be so construed as to give any additional pay to any such officer during the time of his service in the volunteer army or navy. Act March 3, 1883, c. 97, § 1, 22 Stat. 473. This is a provision of the naval appropriation act for the fiscal year ending June 30, 1884, cited above. It supersedes a provision of the same nature in a similar act for the preceding year. Act Aug. 5, 1882, c. 391, § 1, 22 Stat. 287. A similar provision relating to allowance of actual time of service of officers of the Army, in computing their additional pay for length of service, is contained in Act June 30, 1882, c. 254, ante, following Rev. St. § 1262. A subsequent provision that officers appointed to any corps of the Navy or to the Marine Corps, after service in a different corps, shall 1072 (Sec. 1556 Tit. 15— THE NAVY-Ch. 8. have all the benefits of their previous service, is contained in Act June 10, 1896, c. 399, § 1, set forth below. All these provisions may be regarded as superseded, as to the pay of commissioned officers of the line of the Navy and of the Medical and Pay Corps, by the provision that those officers shall receive the same pay as officers of corresponding rank in the Army, contained in Act March 3, 1899, c. 413, $ 13, set forth below. ACT JUNE 10, 1896, c. 399, $ 1. Benefit of previous service in different corps. That all officers who have been or may be appointed to any corps of the Navy or to the Marine Corps after service in a different corps of the Navy or of the Marine Corps shall have all the benefits of their previous service in the same manner as if said appointments were a reentry into the Navy or into the Marine Corps: * Act June 10, 1896, c. 399, § 1, 29 Stat. 361. This is a proviso annexed to the appropriation for pay of the Navy in the naval appropriation act for the fiscal year ending June 30, 1897, cited above. It supersedes a provision of the same nature relating to the corps of the Navy only, in the similar act for the previous year. Act July 26, 1894, c. 165, 28 Stat. 123. A further proviso of this act secured to surgeons in the Navy, not in line of promotion, appointed in accordance with a special act of Congress for meritorious service through yellow fever epidemics, all the benefits of their previous service, as if such appointments were a re-entry into the Navy. But the officers of the medical corps are to receive the same pay as officers of corresponding rank in the Army, by Act March 3, 1899, c. 413, § 13, set forth below. ACT MARCH 3, 1899, c. 413, § 13. Officers of line and of Medical and Pay Corps; chaplains; credit for service to officers appointed from civil life; prize, and bounty for sinking, etc., vessels of enemy, abolished; effect of act on existing pay. That, after June thirtieth, eighteen hundred and ninety-nine, com- missioned officers of the line of the Navy and of the Medical and Pay Corps shall receive the same pay and allowances, except forage, as are or may be provided by or in pursuance of law for the officers of corresponding rank in the Army: Provided, That such officers when on shore shall receive the allowances, but fifteen per centum less pay than when on sea duty; but this provision shall not apply to warrant officers commissioned under section twelve of this Act : Provided further, That when naval officers are detailed for shore duty beyond seas they shall receive the same pay and allowances as are or may be provided by or in pursuance of law for officers of the Army detailed for duty in similar places: Provided further, That naval chaplains, who do not possess relative rank, shall have the rank of lieutenant in the Navy; and that all officers, including war- rant officers, who have been or may be appointed to the Navy from civil life shall, on the date of appointment, be credited, for comput- ing their pay, with five years' service. And all provisions of law authorizing the distribution among captors of the whole or any por- tion of the proceeds of vessels, or any property hereafter captured, condemned as prize, or providing for the payment of bounty for the Sec. 1556) 1073 Tit. 15— THE NAVY-- Ch. 8. sinking or destruction of vessels of the enemy hereafter occurring in time of war, are hereby repealed: And provided further, That no provision of this Act shall operate to reduce the present pay of any commissioned officer now in the Navy; and in any case in which the pay of such an officer would otherwise be reduced he shall con- tinue to receive pay according to existing law: And provided fur- ther, That nothing in this Act shall operate to increase or reduce the pay of any officer now on the retired list of the Navy. Act March 3, 1899, c. 413, $ 13, 30 Stat. 1007. This section supersedes so much of the provisions of Rev. St. § 1556, as relates to the pay, etc., of the commissioned officers of the line and of the Medical and Pay corps, and subsequent provisions relating there- to; particularly the provisions for increase of pay for length of service to assistant surgeons, contained in Act March 3, 1883, c. 97, § 1, 22 Stat. 472, and to passed assistant engineers in Act March 3, 1885, c. 350, 23 Stat. 436, amending Rev. St. $ 1556. The pay and allowances of officers of the Army, referred to in this sec- tion, are prescribed in Title XIV, "The Army," c. 3. The relative rank of naval chaplains, referred to in this section, is pre- scribed by Rev. St. § 1479. Provisions for distribution of prize money and for payment of bounty for the sinking or destruction of vessels of the enemy, referred to and repealed in this section, are contained in Rev. St. $8 4630-4635. Besides the provisos annexed to this section against change in the pay of officers then in the Navy or on the retired list, the section is amended so that it shall not operate to reduce the pay which, but for the passage of the act, would have been received by any commissioned officer then or thereafter, by a provision of Act June 7, 1900, c. 859, set forth below. ACT MARCH 3, 1899, c. 421. Admiral. Pay of the Navy. For the pay and allowances prescribed by law of officers * including the admiral of the Navy, whose pay and allowances shall be the same as those received by the last general of the United States Army. Act March 3, 1899, c. 421, 30 Stat. 1024. This is a provision of the naval appropriation act for the fiscal year ending June 30, 1900, cited above. The appointment of the admiral was authorized by Act March 2, 1899, c. 378, and Act March 3, 1899, c. 421, ante, following Rev. St. $ 1362. ACT JUNE 7, 1900, c. 859. Pay of existing commissioned officers not reduced. Section thirteen of the Act approved March third, eighteen hun- dred and ninety-nine, entitled "An Act to reorganize and increase the efficiency of the personnel of the Navy and Marine Corps of the United States,” is hereby so amended as to provide that nothing therein contained shall operate to reduce the pay which, but for the passage of said Act, would have been received by any commissioned officer at the time of its passage or thereafter. Act June 7, 1900, c. 859, 31 Stat. 697. This is a provision of the naval appropriation act for the fiscal year ending June 30, 1901, cited above. Act March 3, 1899, c. 413, § 13, referred to and amended in this pro- vision, is set forth above. LAWS '01-68 1074 (Secs. 1557-156C Tit. 15— THE NAVY—Ch. 8. Sec. 1557. Furlough pay. Officers on furlough shall receive only one-half of the pay to which they would have been entitled if on leave of absence. Act March 3, 1835, c. 27, § 1, 4 Stat. 756. Act March 3, 1845, c. 77, § 6, 5 Stat. 794. Act June 1, 1860, $ 4, 12 Stat. 27. Sec. 1558. No additional allowances, except as herein specified. The pay prescribed in the two preceding sections shall be the full and entire compensation of the several officers therein named, and no additional allowance shall be made in favor of any of said officers on any account whatever, except as hereinafter provided. Act July 15, 1870, c. 205, § 4, 16 Stat. 332. Sec. 1559. Volunteer service. When a volunteer naval service is authorized by law, the officers therein shall be entitled to receive the same pay as officers of the same grades, respectively, in the Regular Navy. Act July 16, 1862, c. 183, § 20, 12 Stat. 587. Sec. 1560. Commencement of pay; original entry. The pay of an officer of the Navy, upon his original entry into the service, except where he is required to give an official bond, shall commence upon the date of his acceptance of his appointment; but where he is required to give such bond his pay shall commence upon the date of the approval of his bond by the proper authority. Act July 15, 1870, c. 295, $ 7, 16 Stat. 333. The time of commencement of pay of graduates of the Naval Acad- emy, commissioned in the Navy or the Marine Corps, is fixed by a pro- vision of Act March 3, 1893, c. 212, set forth below. ACT MARCH 3, 1893, c. 212. Cominencement of pay; graduates of Naval Academy. And every naval cadet or cadet engineer who has heretofore grad- uated or may hereafter graduate from the Naval Academy, and who has been or may hereafter be commissioned, within six months after such graduation, an officer in the Navy or Marine Corps of the United States, under the laws appointing such graduate to the Navy or Marine Corps, shall be allowed the pay of the grade in which he may be so commissioned from the date he takes rank as stated in his commission to the date of qualification and acceptance of his commission: * Act March 3, 1893, c. 212, 27 Stat. 715. This is a provision of the naval appropriation act for the fiscal year * Secs. 1560-1561) 1075 Tit. 15— THE NAVY—Ch. 8. ending June 30, 1894, cited above. It supersedes a similar provision contained in Act July 19, 1892, c. 206, 27 Stat. 236. Provisions for commissions to graduates of the Naval Academy are collected under Rev. St. § 1521. Similar provisions relating to pay of graduates of the Military Acad- emy are contained in Act Dec. 20, 1886, c. 2, ante, under Rev. St. $ 1339. Sec. 1561. [Superseded. Act June 22, 1874, c. 392, § 1.] $ This section provided that an officer promoted in course to fill a va- cancy, who was in the performance of the duties of the higher grade from the date he was to take rank, may be allowed the increased pay from such date. It is superseded by the provisions relating to the same subject contained in Act June 22, 1874, c. 392, § 1, set forth below. ACT JUNE 22, 1874, c. 392. An Act for the Better Government of the Navy of the United States. (18 Stat. 191.) Commencement of pay; promoted officers. Be it enacted, &c., That on and after the passage of this act, any officer of the Navy who may be promoted in course to fill a vacancy in the next higher grade shall be entitled to the pay of the grade to which promoted from the date he takes rank therein, if it be subse- quent to the vacancy he is appointed to fill. Act June 22, 1874, c. 392, § 1, 18 Stat. 191. This section supersedes Rev. St. $ 1561. Officer dismissed and restored by finding of court-martial. Sec. 2. That the accounting officers of the Treasury be, and are hereby, prohibited from making any allowance to any officer of the Navy who has been, or may hereafter be, dismissed from the serv- ice and restored to the same under the provisions of the twelfth section of the act of March third, eighteen hundred and sixty-five, entitled “An act to amend the several acts heretofore passed to pro- vide for the enrolling and calling out the national forces, and for other purposes”, to exceed more than pay as on leave for six months from the date of dismissal, unless it shall appear that the officer de- manded in writing, addressed to the Secretary of the Navy, and con- tinued to demand as often as once in six months, a trial as provided for in said act. Act June 22, 1874, c. 392, & 2, 18 Stat. 192. The provisions of Act March 3, 1865, c. 79, $ 12, referred to in this section, are incorporated into Rev. St. $ 1624, art. 37. Sec. 3. [Repeals Rev. St. § 1523.] This section repealed so much of Act July 4, 1864, c. 252, as provided for appointment of cadet-engineers in the Naval Academy, which was incorporated in Rev. St. § 1523, and made other provisions for such ap- pointments, which are superseded by provisions of Act Aug. 5, 1882, c. 391, § 1, and Act March 2, 1889, c. 396, § 1, ante, under Rev. St. $ 1512. 1076 (Secs. 1562-1565 Tit. 15— THE NAVY-Ch. 8. Sec. 1562. In cases of delayed examination. If an officer of a class subject to examination before promotion shall be absent on duty, and by reason of such absence, or of other cause not involving fault on his part, shall not be examined at the time required by law or regulation, and shall afterward be examined and found qualified, the increased rate of pay to which his promo- tion would entitle him shall commence from the date when he would have been entitled to it had he been examined and found qualified at the time so required by law or regulation; and this rule shall apply to any cases of this description which may have heretofore occurred. And in every such case the period of service of the party, in the grade to which he was promoted, shall, in reference to the rate of his pay, be considered to have commenced from the date when he was so entitled to take rank: Act July 15, 1870, c. 295, § 7, 16 Stat. 333. Sec. 1563. Advances to persons on distant stations. The President of the United States may direct such advances, as he may deem necessary and proper, to such persons in the naval service as may be employed on distant stations where the discharge of the pay and emoluments to which they are entitled cannot be regularly effected. Act Jan. 31, 1823, c. 9, § 1, 3 Stat. 723. Sec. 1564. Person acting as paymaster when office vacant in ship at sea. Any person performing the duties of paymaster, acting assistant paymaster, or assistant paymaster, in a ship at sea, or on a foreign station, or on the Pacific coast of the United States, by appointment of the senior officer present, in case of vacancy of such office, in accordance with the provisions of section thirteen hundred and eighty- one, and not otherwise, shall be entitled to receive the pay of such grade while so acting. Act July 17, 1861, c. 4, § 4, 12 Stat. 258. A similar provision as to pay is contaived in Rev. St. $ 1381, referred to in this section. Sec. 1565. [Superseded. Act March 3, 1899, C. 413, § 7.] This section provided that the pay of chiefs of bureaus in the Navy Department should be the highest pay of the grade to which they belong, not below that of commodore. It is superseded by Act March 3, 1899, c. 413, § 7, ante, following Rev. St. 1364, which omits the grade of commodore from the active list of the line, and provides that chiefs of bureaus below the rank of rear-admiral shall, while holding said office, have the rank of rear-admiral, and the pay and allowances of a briga- dier-general in the Army. Sec. 1566) 1077 Tit. 15—THE NAVY-Ch. 8. Sec. 1566. [Superseded. Act Aug. 5, 1882, c. 391, § 1; Act June 7, 1900, C. 859.] This section provided for mileage at 10 cents a mile to officers in the naval service and store-keepers at foreign stations for travel when under orders, and an allowance to officers traveling in foreign countries under orders, for expense of transportation of baggage. But only actual trav- eling expenses were allowed, and mileage was declared illegal, by Act June 16, 1874, c. 285, § 1, 18 Stat. 72; and traveling expenses were not to be allowed unless incurred on the order of the Secretary of the Navy. or unless the allowances were approved by him, by Act June 18, 1875, c. 18, 18 Stat. 297. The provisions of Act June 16, 1874, c. 285, men- tioned above, were repeated, with additions, in Act March 3, 1875, c. 133, § 1, post, following Rev. St. $ 1765, but so much thereof as wag applicable to officers of the Navy was repealed, and mileage was restored, at eight cents per mile to such officers, while engaged on public business, in lieu of their actual expenses, by Act June 30, 1876, c. 159, 19 Stat. 65. All these provisions are superseded by those of Act Aug. 5, 1882, c. 391, § 1, and Act June 7, 1900, c. 859, set forth below, which pro- vide for mileage at eight cents per mile to officers of the Navy trav- eling within the United States, under orders, and for payment of actual expenses only for travel under orders outside the limits of the United States in North America. Officers of the Marine Corps are allowed the same mileage as officers of the Navy by a provision of Act June 10, 1896, c. 399, § 1, post, fol- lowing Rev. St. § 1612. Claims for differences between mileage and actual expenses were lim- ited by a provision of Act July 7, 1898, c. 571, § 3, post, following Rev. St. $ 1595. ACT AUG. 5, 1882, c. 391, $ 1. Expenses of officers traveling abroad. * * And officers of the Navy traveling abroad under orders here- after issued shall travel by the most direct route, the occasion and necessity for such order to be certified by the officer issuing the same; and shall receive, in lieu of the mileage now allowed by law, only their actual and reasonable expenses, certified under their own sig- natures and approved by the Secretary of the Navy. * Act Aug. 5, 1882, c. 391, § 1, 22 Stat. 286. This is a provision of the naval appropriation act for the fiscal year ending June 30, 1883, cited above. Subsequent provisions are contained in Act June 7, 1900, c. 859, set forth below. * ACT JUNE 7, 1900, c. 859. Mileage within United States, and expenses for travel outside United States. That in lieu of traveling expenses and ail allowances whatso- ever connected therewith, including transportation of baggage, officers of the Navy traveling from point to point within the United States under orders shall hereafter receive mileage at the rate of eight cents per mile, distance to be computed by the shortest usually traveled route; but in cases where orders are given for travel to be performed repeatedly between two or more places in the same vicinity the Secretary of the Navy may, in his discretion, direct that actual and necessary expenses only be allowed. Actual expenses only shall 1078 (Secs. 1566-1569 Tit. 15— THE NAVY-Ch. 8. be paid for travel under orders outside the limits of the United States in North America, * * Act June 7, 1900, c. 859, 31 Stat. 685. Act March 3, 1901, c. 831, 31 Stat. 1029. This is a proviso annexed to the appropriation for pay, miscellaneous, in the naval appropriation act for the fiscal year ending June 30, 1901, cited above. It is repeated as a proviso annexed to a similar appropri- ation in the deficiency appropriation act for the same year, Act March 3, 1901, c. 831, also cited above. It supersedes all previous provisions fixing the amount to be allowed officers of the Navy for mileage or trav- eling expenses. A further provision, applicable also to officers of the Marine Corps, is contained in Act March 3, 1901, c. 852, set forth below. ACT MARCH 3, 1901, c. 852. Expenses for travel repeated between two or more places. That in cases where orders are given to officers of the Navy or Marine Corps for travel to be performed repeatedly between two or more places in such vicinity as in the discretion of the Secretary of the Navy is appropriate, he may direct that actual and necessary expenses only be allowed. Act March 3, 1901, c. 852, 31 Stat. 1109. This is a proviso annexed to the appropriation for pay, miscellaneous, in the naval appropriation act for the fiscal year ending June 30, 1902. A similar provision is contained in Act June 7, 1900, c. 859, set forth above, and in Act March 3, 1901, c. 831, 31 Stat. 1029. Sec. 1567. Officers serving as store-keepers on foreign stations. Officers who are ordered to take charge of naval stores for foreign squadrons, in the place of naval store-keepers, shall be entitled to receive, while so employed, the shore-duty pay of their grades; and when the same is less than fifteen hundred dollars a year, they may be allowed compensation, including such shore-duty pay, at a rate a not exceeding fifteen hundred dollars a year. Act June 17, 1844, c. 107, § 1, 5 Stat. 700, 701. Provisions for ordering officers to take charge of naval stores on for- eign stations are contained in Rev. St. 88 1438, 1439. Sec. 1568. Civilians, store-keepers on foreign stations. Civilians appointed as store-keepers on foreign stations shall re- ceive compensation for such services, at a rate not exceeding fifteen hundred dollars a year. Act June 17, 1844, c. 107, § 1, 5 Stat. 700, 701. Act March 3, 1847, c. 48, § 3, 9 Stat. 172, 173. Provisions for appointment of civilians as store-keepers on foreign sta- tions are contained in Rev. St. § 1414. Sec. 1569. Enlisted men. The pay to be allowed to petty officers, excepting mates, and the pay and bounty upon enlistment of seamen, ordinary seamen, fire- Secs. 1569–1571) 1079 Tit. 15—THE NAVY-Ch. 8. men, and coal-heavers, in the naval service, shall be fixed by the President: Provided, That the whole sum to be given for the whole pay aforesaid, and for the pay of officers, and for the said bounties upon enlistments shall not exceed, for any one year, the amount which may, in such year, be appropriated for such purposes. Act April 18, 1814, c. 84, § 1, 3 Stat. 136. Act March 3, 1847, c. 48, 8 4, 9 Stat. 173. Act July 1, 1864, c. 201, § 4, 13 Stat. 342. Act March 3, 1865, c. 124, § 2, 13 Stat. 539. The pay of the enlisted force of the Hospital Corps is prescribed by Act June 17, 1898, c. 463, § 3, ante, following Rev. St. § 1406. Sec. 1570. Additional pay for serving as firemen and coal-heavers. Every seaman, ordinary seaman, or landsman who performs the duty of a fireman or coal-heaver on board of any vessel of war shall be entitled to receive, in addition to his compensation as seaman, ordinary seaman, or landsman, a compensation at the rate of thirty- three cents a day for the time he is employed as fireman or coal- heaver. Act March 1, 1869, c. 48, $ 2, 15 Stat. 280. Sec. 1571. Sea service. No service shall be regarded as sea service except such as shall be performed at sea, under the orders of a Department and in ves- sels employed by authority of law. Act June 1, 1860, c. 67, § 3, 12 Stat. 27. Provisions relating to shore duty are set forth below. Claims for sea pay are limited by a provision of Act July 28, 1892, c. 311, 8 2, post, following Rev. St. $ 1595. ACT MARCH 3, 1883, c. 97, $ 2. Shore duty; employment of officers, and orders therefor. That hereafter no officer of the Navy shall be employed on any shore duty, except in cases specially provided by law, unless the Secretary of the Navy shall determine that the employment of an officer on such duty is required by the public interests, and he shall so state in the order of employment, and also the duration of such service, beyond which time it shall not continue. Act March 3, 1883, c. 97, § 2, 22 Stat. 481. This section supersedes similar provisions of Act Aug. 5, 1882, c. 391, $ 3, 27 Stat. 297. Its provisions relating to orders for shore duty are modified, so that such orders are not required to state the duration of the service, by a provision of Act July 19, 1892, c. 206, set forth below. Commissioned officers of the line of the Navy and of the Medical and Pay Corps receive the same pay as officers of corresponding rank in the Army, by Act March 3, 1899, c. 413, $ 13, ante, following Rev. St. $ 1556; but, by a proviso annexed to that section, such officers when on shore re- ceive fifteen per cent. less pay than when on sea duty; and, by a further proviso, when naval officers are detailed for shore duty beyond seas they receive the same pay, etc., as officers of the Army detailed for duty in similar places. What shall be construed shore duty beyond seas is de- 1080 (Secs. 1571-1572 Tit. 15--THE NAVY-Ch. 8. fined, and the pay therefor is further prescribed, by a provision of Act March 3, 1901, c. 852, set forth below. ACT JULY 19, 1892, c. 206. Shore duty; duration of service. And the provisions of section two of the naval appropriation act approved March third, eighteen hundred and eighty-three, shall be so modified that hereafter orders of the Secretary of the Navy em- ploying officers on shore duty shall state that such employment is required by the public interests, but need not state the duration of such service. Act July 19, 1892, c. 206, 27 Stat. 245. This is a provision of the naval appropriation act for the fiscal year ending June 30, 1893. The provisions of Act March 3, 1883, c. 97, § 2, referred to, are set forth above. ACT MARCH 3, 1901, c. 852. Shore duty; commutation of quarters; pay for shore duty beyond seas. * * Commutation of quarters for officers on shore not occupying public quarters, including boatswains, gunners, carpenters, sailmakers, warrant machinists, pharmacists, and mates, who shall hereafter re- ceive the same commutation for quarters as second lieutenants. Provided, That officers of the Navy, and officers and enlisted men of the Marine Corps, who have been detailed, or may hereafter be de- tailed, for shore duty in Alaska, the Philippine Islands, Guam, or else- where beyond the continental limits of the United States, shall be con- sidered as having been detailed for "shore duty beyond seas," and shall receive pay accordingly, with such additional pay as may be pro- vided by law for service in island possessions of the United States. Act March 3, 1901, c. 352, 31 Stat. 1107. These are provisions of the naval appropriation act for the fiscal year ending June 30, 1902, cited above. Provisions that naval officers detailed for shore duty beyond seas shall receive the same pay, etc., as officers of the Army detailed for duty in similar places, are contained in Act March 3, 1899, c. 413, § 13, ante, following Rev. St. $ 1556. And provisions for additional pay to officers and enlisted men of the Army serving beyond the limits of the States comprising the Union and the Territories contiguous thereto, are con- tained in Act March 2, 1901, c. 803, ante, following Rev. St. § 1261. Sec. 1572. Detention beyond term of enlistment. All petty officers and persons of inferior ratings who are detained beyond the terms of service, according to the provisions of section fourteen hundred and twenty-two, or who, after the termination of their service, voluntarily re-enter, to serve until the return to an Atlantic port of the vessel to which they belong, and until their regular discharge therefrom, shall, for the time during which they are so detained or so serve beyond their original terms of service, receive an addition of one-fourth of their former pay. Act July 17, 1862, c. 204, $ 17, 12 Stat. 610. Rev. St. § 1422, referred to in this section, authorizes the detention Secs. 1573-1574) 1081 Tit. 15— THE NAVY-Ch. 8. of petty officers and persons of inferior ratings beyond the term of en- listment, when essential to the public interests, until the vessel to which they belong shall return to the port where their enlistment occurred. Sec. 1573. [As amended 1899.] Bounty pay for re-enlisting. If any enlisted man or apprentice, being honorably discharged, shall reenlist for four years within four months thereafter, he shall, on presenting his honorable discharge or on accounting in a satis- factory manner for its loss, be entitled to pay during the said four months equal to that to which he would have been entitled if he had been employed in actual service; and that any man who has received an honorable discharge from his last term of enlistment, or who has received a recommendation for reenlistment upon the ex- piration of his last term of service of not less than three years, who reenlists for a term of four years within four months from the date of his discharge, shall receive an increase of one dollar and thirty- six cents per month to the pay prescribed for the rating in which he serves for each consecutive reenlistment. Act March 2, 1855, e. 136, $ 2, 10 Stat. 627. Act June 7, 1864, c. 111, 13 Stat. 120. Act March 3, 1899, c. 413, $ 16, 30 Stat. 1008. This section, as originally enacted, was as follows: "If any seaman, or- dinary seaman, landsman, fireman, coal-heaver, or boy, being honorably discharged, shall re-enlist for three years, within three months there- after, he shall, on presenting his honorable discharge, or on accounting in a satisfactory manner for its loss, be entitled to pay, during the said three months, equal to that to which he would have been entitled if he had been employed in actual service." It is amended by Act March 3, 1899, c. 413, § 16, cited above, to read as set forth here. That section also contained a provision that the term of enlistment should be four years, which is set forth ante, following Rev. St. $ 1418. Provisions for extra pay to machinists on honorable discharge were contained in Act June 16, 1880, c. 249, 21 Stat. 290, but, being appli- cable only to men then serving in the Navy, are omitted, as temporary merely. Sec. 1574. Crews of wrecked or lost vessels. When the crew of any vessel of the United States are separated from such vessel, by means of her wreck, loss, or destruction, the pay and emoluments of such of the officers and men as shall appear to the Secretary of the Navy, by the sentence of a court-martial or court of inquiry, or by other satisfactory evidence, to have done , , their utmost to preserve her, and, after said wreck, loss, or destruc- tion, to have behaved themselves agreeably to the discipline of the Navy, shall go on and be paid them until their discharge or death. Act July 17, 1862, c. 204, $ 14, 12 Stat. 608, 609. Provisions for allowances to officers of lost vessels for loss of personal effects are contained in Rev. St. $ 290; and provisions for reimbursement of officers, seamen, and others for property lost or destroyed by ship- wreck or other marine disaster are contained in Act March 2, 1895, e. 190, ante, following that section. 1082 (Secs. 1575-1577 Tit. 15— THE NAVY-Ch. 8. Sec. 1575. Crews of vessels taken by an enemy. The pay and emoluments of the officers and men of any vessel of the United States taken by an enemy who shall appear, by the sen- tence of a court-martial or otherwise, to have done their utmost to preserve and defend their vessel, and, after the taking thereof, to have behaved themselves agreeably to the discipline of the Navy, shall go on and be paid to them until their exchange, discharge, or death. Act July 17, 1862, c. 204, § 15, 12 Stat. 609. Sec. 1576. Assignment of wages. Every assignment of wages due to persons enlisted in the naval service, and all powers of attorney, or other authority to draw, re- ceipt for, or transfer the same, shall be void, unless attested by the commanding officer and paymaster. The assignment of wages must, specify the precise time when they commence. Act June 30, 1864, c. 174, $ 12, 13 Stat. 310. Provisions for allotments from pay are contained in Act June 10, 1896, c. 399, § 1, set forth below. ACT JUNE 10, 1896, c. 399, § 1. Allotment of pay. * * That the Secretary of the Navy be, and he is hereby, author- ized to permit officers of the Navy and the Marine Corps to make allot- ments from their pay, under such regulations as he may prescribe, for the support of their families or relatives, for their own savings, or for other proper purposes, during such time as they may be ab- sent at sea, on distant duty, or under other circumstances warrant- ing such action: Act June 10, 1896, c. 399, § 1, 29 Stat. 361. * * Sec. 1577. Rations of midshipmen. Midshipmen and acting midshipmen in the Navy shall be entitled to one ration, or to commutation therefor. Act July 28, 1866, c. 296, § 8, 14 Stat. 322. Act Feb. 28, 1867, c. 100, 8 2, 14 Stat. 416. The title of the grade of midshipman is changed to that of ensign by a provision of Act March 3, 1883, c. 97, § 1, ante, following Rev. St. § 1367. Cadet-midshipmen were designated "naval cadets," by Act Aug. 5, 1882, c. 391, § 1, ante, following Rev. St. $ 1512, and, as such, are allow- ed a ration or commutation thereof by a provision of Act Jan. 30, 1885, c. 43, § 1, post, following Rev. St. § 1579. Secs. 1578–1580) 1083 Tit. 15—THE NAVY-Ch. 8. Sec. 1578. Rations of other officers. All officers shall be entitled to one ration, or to commutation there- for, while at sea or attached to a sea-going vessel. Act March 3, 1851, c. 34, § 1, 9 Stat. 621. Act July 16, 1862, c. 183, § 19, 12 Stat. 587. Rations are not allowed to officers on the retired list, by Rev. St. S 1595. Claims for commutation of rations are limited by a provision of Act July 28, 1892, c. 311, $ 2, post, following Rev. St. $ 159 Sec. 1579. When rations not allowed. No person not actually attached to and doing duty on board a sea-going vessel, except the petty officers, seamen, and ordinary sea- men attached to receiving-ships or to the ordinary of a navy-yard, and midshipmen, shall be allowed a ration. Act March 3, 1851, c. 34, § 1, 9 Stat. 621. Act July 28, 1866, c. 296, § 8, 14 Stat. 322. Act Feb. 28, 1867, c. 100, $ 2, 14 Stat. 416. The restrictions of this section are superseded, to some extent, by a provision of Act Jan. 30, 1885, c. 43, § 1, set forth below. ACT JAN. 30, 1885, c. 43, & 1. Rations to enlisted men and boys, and to naval cadets. * * * That all enlisted men and boys in the Navy, attached to any United States vessel or station and doing duty thereon, and naval cadets, shall be allowed a ration, or commutation thereof in money, under such limitations and regulations as the Secretary of the Navy may prescribe. * * Act Jan. 30, 1885, c. 43, § 1, 23 Stat. 291. This is a proviso annexed to the appropriation for provisions, etc., in the additional naval appropriation act for the fiscal year ending June 30, 1885, cited above. A provision that petty officers of the Navy who served on detached duty between March 1, 1898, and November 4, 1899, be allowed commu- tation of rations for the time they so served, is contained in Act Feb. 7, 1900, c. 9, 31 Stat. 5. It is omitted as temporary merely. Sec. 1580. Navy ration, constituents of. The Navy ration shall consist of the following daily allowance of provisions to each person: One pound of salt pork, with half a pint of beans or peas; or one pound of salt beef, with half a pound of flour and two ounces of dried apples, or other dried fruit; or three- quarters of a pound of preserved meat, with a half pound of rice, two ounces of butter, and one ounce of desiccated “mixed vegetables ;' or three-quarters of a pound of preserved meat, two ounces of butter, and two ounces of desiccated potatoes; together with fourteen cun- ces of biscuit, one-quarter of an ounce of tea, or one ounce of coffee 1084 (Secs. 1580-1582 Tit. 15— THE NAVY —Ch. 8. or cocoa, and two ounces of sugar; and a weekly allowance of half a pint of pickles, half a pint of molasses, and half a pint of vinegar. Act July 18, 1861, c. 7, § 1, 12 Stat. 264. Act July 14, 1862, c. 164, § 4, 12 Stat. 565. The substitution for desiccated potatoes of desiccated tomatoes is au- thorized by provisions of Act May 3, 1880, c. 73, post, following Rev. St. $ 1581. Sec. 1581. Substitutions in. The following substitution for the components of the ration may be made when it is deemed necessary by the senior officer present in command: For one pound of salt beef or pork, one pound and a quarter of fresh meat or three-quarters of a pound of preserved meat; for any or all of the articles usually issued with the salted meats, vegetables equal to the saine in value; for fourteen ounces of bis- cuit, one pound of soft bread, or one pound of flour, or half a pound of rice; for half a pint of beans or peas, half a pound of rice, and for half a pound of rice, half a pint of beans or peas. And the Secre- tary of the Navy may substitute for the ration of coffee and sugar the extract of coffee combined with milk and sugar, if he shall believe such substitution to be conducive to the health and comfort of the Navy, and not to be more expensive to the Government than the present ration: Provided, That the same shall be acceptable to the men. Act July 18, 1861, c. 7, $$ 2, 3, 4, 12 Stat. 265. Act April 17, 1862, c. 57, § 4, 12 Stat. 381, ACT MAY 3, 1880, c. 73. Substitutions in. That the Secretary of the Navy may substitute for the ration of “two ounces of desiccated potatoes” six ounces of desiccated to- matoes if he shall believe such substitution to be conducive to the health and comfort of the Navy, and not to be more expensive to the government than the present ration, provided the same shall be ac- ceptable to the men. Act May 3, 1880, c. 73, 21 Stat. 86. This is a proviso annexed to the appropriation for provisions, etc., in the naval appropriation act for the fiscal year ending June 30, 1881, cited above. Sec. 1582. Short allowance. In case of necessity the daily allowance of provisions may be di- minished at the discretion of the senior officer present in command; but payment shall be made to the persons whose allowance is thus diminished, according to the scale of prices for the same established at the time of such diminution. And every commander who makes any diminution or variation shall give to the paymaster written or- ders therefor, specifying particularly the diminution or variation Sece. 1583–1587) 1085 Tit. 15--THE NAVY-Ch. 8. which is to be made, and shall report to his commanding officer, or to the Navy Department, the necessity for the same. Act July 18, 1861, c. 7, 8 4, 12 Stat. 265. Sec. 1583. Rations stopped for the sick. Rations stopped for the sick on board vessels shall remain and be accounted for by the paymaster as a part of the provisions of the vessels. Act March 3, 1851, c. 34, § 1, 9 Stat. 621. Act June 22, 1860, c. 181, $ 3, 12 Stat. 83. Sec. 1584. Additional ration. An additional ration of tea or coffee and sugar shall be hereafter allowed to each seaman, to be provided at his first "turning out." Act May 23, 1872, c. 195, § 1, 17 Stat. 151. Sec. 1585. Commutation price of ration. Thirty cents shall in all cases be deemed the commutation price of the Navy ration. Act July 15, 1870, c. 295, $ 4, 16 Stat. 333. Sec. 1586. Medicines and medical attendance. Expenses incurred by any officer of the Navy for medicines and medical attendance shall not be allowed unless they were incurred when he was on duty, and the medicines could not have been ob- tained from naval supplies, or the attendance of a naval medical officer could not have been had. Act July 15, 1870, c. 295, $ 17, 16 Stat. 334. Provisions for furnishing trusses to petty officers, seamen, and marines of the naval service, as well as to soldiers of the Army, are contained in Act March 3, 1879, c. 173, ante, following Rev. St. § 1178. Sec. 1587. Funeral expenses. No funeral expense of a naval officer who dies in the United States, nor expenses for travel to attend the funeral of an officer who dies there, shall be allowed. But when an officer on duty dies in a for- eign country the expenses of his funeral, not exceeding his sea-pay for one month, shall be defrayed by the Government, and paid by the paymaster upon whose books the name of such officer was borne for pay. Act July 15, 1870, c. 295, $ 17, 16 Stat. 334. Provisions for reimbursement of the cost of transportation and burial of the remains of officers or enlisted men in either the Army, Navy, or Marine Corps, dying while on duty away from home, to parties who had 1086 (Secs. 1588-1590 Tit. 15— THE NAVY —Ch. 8. paid such costs, were contained in the deficiency appropriation act for the fiscal year ending June 30, 1899, Act March 3, 1899, c. 427, 30 Stat. 1225. Sec. 1588. Pay of retired officers. The pay of all officers of the Navy who have been retired after forty-five years' service after reaching the age of sixteen years, or who have been or may be retired after forty years' service, upon their own application to the President, or on attaining the age of sixty-two years, or on account of incapacity resulting from long and faithful service, from wounds or injuries received in the line of duty, or from sickness or exposure therein, shall, when not on active duty, be equal to seventy-five per centum of the sea-pay provided by this chapter for the grade or rank which they held, respectively, at the time of their retirement. The pay of all other officers on the retired list shall, when not on active duty, be equal to one-half the sea-pay provided by this chapter for the grade or rank held by them, respectively, at the time of their retirement. Act July 15, 1870, c. 295, § 5, 16 Stat. 333. Act March 3, 1873, c. 230, § 1, 17 Stat. 555. The provisions of this section and the subsequent sections of this chap- ter, relating to pay, etc., of retired officers, are superseded, as to the officers of the line and of the Medical and Pay Corps retired after the passage of Act March 3, 1899, c. 413, by the provisions of section 13 of that act, ante, following Rev. St. § 1566, that such officers shall receive the same pay and allowances as officers of corresponding rank in the Army; but, by a proviso annexed to that section, nothing in that act is to operate to increase or reduce the pay of any officer then on the retired list. Payment of officers of the Navy or Marine Corps, on the active or re- tired list, employed by any person or company furnishing naval supplies or war material to the Government, is forbidden by a provision of Act June 10, 1896, c. 399, ante, following Rev. St. 8 1440. Sec. 1589. Rear-admirals. Rear-admirals on the retired list of the Navy, who were retired as captains when the highest grade in the Navy was captain, at the age of sixty-two years, or after forty-five years' service, and who, after their retirement, were promoted to the grade of rear-admiral, and performed the duties of that grade in time of war, shall be con- sidered as having been retired as rear-admirals. Act June 5, 1872, c. 307, § 1, 17 Stat. 226. Act March 3, 1873, c. 230, 81, 17 Stat. 555. Sec. 1590. Third assistant engineers. Officers who have been retired as third assistant engineers shall continue to receive pay at the rate of four hundred dollars a year. Act March 3, 1859, c. 76, § 2, 11 Stat. 407. Act Aug. 3, 1861, c. 42, $ 22, 12 Stat. 290. Act July 16, 1862, c. 183, $ 20, 12 Stat. 587. Act Secs. 1590–1595) 1087 Tit. 15—THE Navy—- Ch. 8. April 21, 1864, c. 63, § 7, 13 Stat. 54. Act July 15, 1870, c. 295, § 5, 16 Stat. 333. See note under Rev. St. $ 1390, as to grades in the engineer corps, and the transfer of the officers of that corps to the line, by Act March 3, 1899, c. 413, $$ 1-7, ante, following Rev. St. $ 1364. Sec. 1591. [Superseded. Act Aug. 5, 1882, c. 391, § 1.] This section provided that no officer promoted upon the retired list should in consequence of such promotion be entitled to any increase of pay; such promotion being authorized by Rev. St. $$ 1460, 1461. All these provisions are superseded by those of Act Aug. 5, 1882, c. 391, § 1, ante, following Rev. St. § 1368, that thereafter there should be no pro- motion or increase of pay in the retired list. Sec. 1592. Pay on active duty. Officers on the retired list, when on active duty, shall receive the full pay of their respective grades. Act June 1, 1860, c. 67, § 5, 12 Stat. 27. Act March 2, 1867, c. 174, § 9, 14 Stat. 517. Provisions for employment of officers on the retired list on active duty are contained in Rev. St. 88 1462-1465. Sec. 1593. Officers retired on furlough pay. Officers placed on the retired list, on furlough pay, shall receive only one-half of the pay to which they would have been entitled if on leave of absence on the active list. Act March 3, 1835, c. 27, § 1, 4 Stat. 756, 757. Act Feb. 28, 1855, c. 127, § 2, 10 Stat. 616. Act Jan. 16, 1857, c. 12, § 1, 11 Stat. 154. Act Aug. 3, 1861, c. 42, & 23, 12 Stat. 291. Act July 28, 1866, c. 312, & 2, 14 Stat. 345. Sec. 1594. Transfer from furlough to retired pay. The President, by and with the advice and consent of the Senate, may transfer any officer on the retired list from the furlough to the retired-pay list. Act Jan. 16, 1857, c. 12, 83, 11 Stat. 154. Act July 16, 1862, c. 183, $ 20, 12 Stat. 587. Sec. 1595. Rations. Rations shall not be allowed to officers on the retired list. Act July 16, 1862, c. 183, 820, 12 Stat. 587. 1088 (Sec. 1595 Tit. 15— THE NAVY-Ch. 8. ACT FEB. 9, 1889, c. 119. An Act to Provide for the Deposit of the Savings of Seamen of the United States Navy. (25 Stat. 657.) Deposits of seamen's savings. Be it enacted, &c., That any enlisted man or appointed petty offi- cer of the Navy may deposit his savings, in sums not less than five dollars, with the paymaster upon whose books his account is borne; and he shall be furnished with a deposit-book, in which the said paymaster shall note, over his signature, the amount, date, and place of such deposit. The money so deposited shall be accounted for in the same manner as other public funds, and shall pass to the credit of the appropriation for "Pay for the Navy," and shall not be sub- ject to forfeiture by sentence of court-martial, but shall be forfeited by desertion, and shall not be permitted to be paid until final pay- ment on discharge, or to the heirs or representatives of a deceased sailor, and that such deposit be exempt from liability for such sailor's debts: Provided, That the Government shall be liable for the amount deposited to the person so depositing the same. Act Feb. 9, 1889, c. 119, § 1, 25 Stat. 657. Similar provisions for deposits of soldiers' savings are contained in Rev. St. $$ 1305-1307. Interest on deposits. Sec. 2. That for any sums not less than five dollars so deposited for the period of six months or longer, the sailor, on his final dis- charge, shall be paid interest at the rate of four per centum per an- num. Act Feb. 9, 1889, c. 119, 82, 25 Stat. 658. Regulations for deposits. Sec. 3. That the system of deposits herein established, shall be carried into execution under such regulations as may be established by the Secretary of the Navy. Act Feb. 9, 1889, c. 119, § 3, 25 Stat. 658. ACT JULY 28, 1892, c. 311, $ 2. Limitation of claims for sea pay or commutation of rations. That hereafter the accounting officers of the Treasury shall not receive, examine, consider, or allow any claim against the United States for sea pay or commutation of rations which has been or may be presented by officers of the Navy, their heirs or legal representa- tives, under the decisions of the Supreme Court, which have hereto- fore been adopted as a basis for the allowance of such claims, which accrued prior to July sixteenth, eighteen hundred and eighty. Act July 28, 1892, c. 311, § 2, 27 Stat. 313. This is a provision of the deficiency appropriation act for the fiscal year ending June 30, 1892, cited above. Sea service and shore duty, etc., are defined by Rev. St. § 1571, and subsequent provisions collected under that section. Commutation of ra- tions is provided for by Rev. St. § 1585. A similar provision relating to claims for difference between mileage and actual expenses is contained in Act July 7, 1898, c. 571, set forth below. Sec. 1595) 1089 Tit. 15.- THE NAVY - Ch. 9. ACT JULY 7, 1898, 0. 571. Limitation of claims for difference between mileage and expenses. * * That hereafter the accounting officers of the Treasury shall not receive, examine, consider, or allow any claim against the United States for difference between mileage and actual expenses which has been or may be presented by officers of the Navy, their heirs or legal representatives, under the decisions of the Supreme Court which have heretofore been adopted as a basis for the allowance of such claims, which accrued prior to July first, eighteen hundred and seventy-four. Act July 7, 1898, c. 571, 30 Stat. 708. This is a proviso annexed to an appropriation for mileage in the defi- ciency appropriation act for the fiscal year ending June 30, 1898, cited a bove. Provisions relating to mileage and allowance for travel expenses are collected under Rev. St. $ 1566. CHAPTER NINE. The Marine Corps. Sec. 1596, 1597. [Superseded.] Act March 3, 1899, c. 413, $$ 18-24. 18. Composition of active list of line; filling vacancies created. 19. Filling vacancies. 20. Appointments and promotions; examinations. 21. Number of appointments. 22. Composition of staff; filling va- cancies created. 23. Enlisted force. 24. Band. Act March 3, 1899, c. 421. Number of enlisted men exclusive of men imprisoned under sentence of dishonorable discharge. 1598. Staff. 1599. [Superseded.] 1600. Credit for volunteer service. 1601. [Superseded.] 1602. [Superseded.] 1603. Relative rank with the Army. Act July 28, 1892, c. 315. Promotions as in Army. 1604. Brevets. 1605. Advancement in number. 1606. Promotion when grade is full. 1607. Promotion for gallantry. 1608. [Superseded.] LAWS '01-69 Sec. Act March 3, 1901, c. 852. Enlistments. 1609. Oath. 1610. Exemption from arrest. 1611. Companies and detachments. 1612. Pay of Marine Corps. Act Jan. 30, 1885, c. 43, § 1. No commutation for forage. Act July 26, 1894, c. 165. Pay of drum major. Act June 10, 1896, c. 399, § 1. Mileage. 1613. Marine band. 1614. Deduction for hospitals. 1615. Rations of enlisted men. Act March 3, 1901, c. 852. Rations of marines on shore duty. 1616. Service on armed vessels. 1617. Marine officers not to command navy-yards or vessels. 1618. Marines substituted for landsmen. 1619. Duty on shore. 1620. Regulations. 1621. Subject to laws governing the Navy, except when serving with the Army. 1622. Retirement. 1623. Retiring-board, how composed. 1090 (Secs. 1596-1597 Tit. 15— THE NAVY—Ch.9. Secs. 1596, 1597. [Superseded. Act March 3, 1899, C. 413, $$ 18, 22-24.] These sections are superseded by the provisions of Act March 3, 1899, C. 413, $$ 18–24, set forth below. Section 1596 prescribed the composi- tion of the Marine Corps. Section 1597 provided that the provisions of section 1596 should not preclude the advancement of any officer to a higher grade, as authorized by Rev. St. SS 1605, 1607. ACT MARCH 3, 1899, c. 413, $$ 18-24. Composition of active list of line; filling vacancies created. Sec. 18. That from and after the date of the approval of this Act the active list of the line officers of the United States Marine Corps shall consist of one brigadier-general commandant, five colonels, five lieuten- ant colonels, ten majors, sixty captains, sixty first lieutenants and sixty second lieutenants: Provided, That vacancies in all grades in the line created by this section shall be filled as far as possible by promotion by seniority from the line officers on the active list of said Corps : And provided further, That the commissions of officers now in the Marine Corps shall not be vacated by this act: And provided further, That vacancies in the grade of brigadier-general shall be filled by selection from officers on the active list of the Marine Corps not below the grade of field officer. Act March 3, 1899, c. 413, $ 18, 30 Stat. 1008. Other sections of this act relate to the organization, etc., of the Navy, and are set forth under the preceding chapters of this Title; sections 1-7, relating to the line and incorporating therein the officers of the Engineer Corps, under Rev. St. § 1364; sections 8, 9, 11, relating to retirement of officers, under Rev. St. SS 1456, 1457; section 10, relat- ing to naval constructors, following Rev. St. § 1403; sections 12, 14, 15, relating to warrant officers, following Rev. St. $ 1406; section 13, re- lating to pay, etc., under Rev. St. § 1556; section 16, relating to term of enlistment, following Rev. St. § 1418, and amending Rev. St. § 1573, as there set forth; section 17, relating to retirement of enlisted men, following Rev. St. § 1465; section 25, requiring the oath of allegiance to be administered to the officers and men of the Navy, under Rev. St. $ 1420; and section 26, repealing conflicting acts, with sections 1-7, un- der Rev. St. § 1364. The sections of this act set forth here supersede the provisions of Rev. St. $$ 1596, 1599, 1601, 1602, and subsequent provisions, referred to below and under each of the other sections so superseded. Appointments, except by promotion, to fill vacancies in the list of com- missioned officers of the corps, were restricted, until the number of such officers should be reduced to 75, by Act June 30, 1876, c. 159, 19 Stat. 71, and Act Jan. 30, 1885, c. 43, § 1, 23 Stat. 293, and the number of commissioned officers on the active list was limited to 75 by the latter act; but these provisions are superseded by this section and sections 19-21 of this act, set forth below. Provisions, of a temporary nature merely, for appointment of officers of the Marine Corps not above the rank of captain, from the non-com- missioned officers of the corps and from civil life, to serve only during the continualice of the exigency in which their services were required in the existing war, were contained in Act May 4, 1898, c. 234, 30 Stat. 369. Filling vacancies. Sec. 19. That the vacancies existing in said Corps after the promo- tions and appointments herein provided for shall be filled by the Presi- Secs. 1596-1597) 1091 Tit. 15— THE NAVY —Ch. 9. dent from time to time, whenever the actual needs of the naval service require it, first, from the graduates of the Naval Academy in the manner now provided by law; or second, from those who are serv- ing or who have served as second lieutenants in the Marine Corps during the war with Spain; or, third, from meritorious noncommis- sioned officers of the Marine Corps; or, fourth, from civil life: Pro- vided, That after said vacancies are once filled there shall be no fur- ther appointments from civil life. Act March 3, 1899, c. 413, § 19, 30 Stat. 1008. See notes under section 18 of this act, set forth above. Appointments of graduates of the Naval Academy to vacancies in the Navy and the Marine Corps are provided for by Act March 2, 1889, c. 396, § 1, ante, under Rev. St. § 1521. Appointments and promotions; examinations. Sec. 20. That no person except such oficers or former graduates of the Naval Academy as have served in the war with Spain, as hereinbe- fore provided for, shall be appointed a commissioned officer in the Ma- rine Corps who is under twenty or over thirty years of age; and that no person shall be appointed a commissioned officer in said corps until he shall have passed such examination as may be prescribed by the President of the United States, except graduates of the Naval Acad- emy, as above provided. That the officers of the Marine Corps above the grade of captain, except brigadier-general, shall, before being pro- moted, be subject to such physical, mental and moral examination as is now, and may hereafter be, prescribed by law for other officers of the Marine Corps. Act March 3, 1899, c. 413, $ 20, 30 Stat. 1009. See notes under section 18 of this act, set forth above. Provisions relating to examinations for promotion are contained in Act July 28, 1892, c. 315, post, following Rev. St. $ 1603. Number of appointments. Sec. 21. That upon the passage of this Act not more than forty-five of the captains, forty-five first lieutenants and forty-five second lieuten- ants herein provided for shall be appointed; fifteen captains, fifteen first lieutenants and fifteen second lieutenants to be appointed subse- quently to January first, nineteen hundred. Act March 3, 1899, c. 413, $ 21, 30 Stat. 1009. See notes under section 18 of this act, set forth above. Composition of staff; filling vacancies created. Sec. 22. That the staff of the Marine Corps shall consist of one adjutant and inspector, one quartermaster and one paymaster, each with the rank of colonel; one assistant adjutant and inspector, two as- sistant quartermasters and one assistant paymaster, each with the rank of major; and three assistant quartermasters with the rank of captain. That the vacancies created by this Act in the departments of the adjutant and inspector and paymaster shall be filled first by promo- tion according to seniority of the officers in each of these departments respectively, and then by selection from the line officers on the active list of the Marine Corps not below the grade of captain, and who shall have seen not less than ten years' service in the Marine Corps. That 1092 (Secs. 1596–1597 Tit. 15—THE NAVY - Ch.9. the vacancies created by this Act in the quartermaster's department of said corps shall be filled, first by promotion according to seniority of the officers in this department, and then by selection from the line officers on the active list of said corps not below the grade of first lieutenant: Provided, That all vacancies hereafter occurring in the staff of the Marine Corps shall be filled first by promotion according to seniority of the officers in their respective departments, and then by selection from officers of the line on the active list, as hereinbefore provided for. Act March 3, 1899, c. 413, $ 22, 30 Stat. 1009. See notes under section 18 of this act, set forth above. Enlisted force. Sec. 23. That the enlisted force of the Marine Corps shall consist of five sergeant majors, one drum major, twenty quartermaster sergeants, seventy-two gunnery sergeants with the rank and allowance of the first sergeant, and whose pay shall be thirty-five dollars per month; sixty first sergeants; two hundred and forty sergeants; four hun- dred and eighty corporals; eighty drummers; eighty trumpeters; and four thousand nine hundred and sixty-two privates. Act March 3, 1899, c. 413, $ 23, 30 Stat. 1009. See notes under section 18 of this act, set forth above. The number of enlisted men is exclusive of those undergoing impris- onment with sentence of dishonorable discharge from the service, by a provision of Act March 3, 1899, c. 421, set forth below. Band. Sec. 24. That the band of the United States Marine Corps shall con- sist of one leader, with the pay and allowances of a first lieutenant; one second leader, whose pay shall be seventy-five dollars per month, and who shall have the allowances of a sergeant major; thirty first class musicians, whose pay shall be sixty dollars per month; and thirty sec- ond class musicians whose pay shall be fifty dollars per month and the allowances of a sergeant; such musicians of the band to have no increased pay for length of service. Act March 3, 1899, c. 413, $ 24, 30 Stat. 1009. Provisions allowing additional pay to members of the band are contain- ed in Rev. St. $ 1613. See notes under section 18 of this act, set forth above. ACT MARCH 3, 1899, c. 421. Number of enlisted men exclusive of men imprisoned under sentence of dishonorable discharge. * The number of enlisted men authorized for the Marine Corps shall be exclusive of those undergoing imprisonment with sentence of dishonorable discharge from the service at expiration of such confinement. Act March 3, 1899, c. 421, § 1, 30 Stat. 1024. This is a provision of the naval appropriation act for the fiscal year ending June 30, 1900, cited above. The number of the enlisted force is fixed by Act March 3, 1899, c. 413, $ 23, set forth above. Secs. 1598-1603) 1093 Tit. 15—THE NAVY-Ch. 9. Sec. 1598. Staff. The staff of the Marine Corps shall be separate from the line. Act June 30, 1834, c. 132, § 6, 4 Stat. 713. Act March 2, 1847, c. 40, $ 3, 9 Stat. 154. The composition of the staff is prescribed by Act March 3, 1899, c. 413, § 22, ante, under Rev. St. $$ 1596, 1597. Sec. 1599. [Superseded. Act March 3, 1899, C. 413, § 20.] This section provided that no person under 20 or over 25 years of age should be appointed from civil life as a commissioned officer of the Ma- rine Corps, and that no person should be so appointed until his qualifi- cations for service had been examined and approved under the directions of the Secretary of the Navy. It is superseded by the provisions of Act March 3, 1899, c. 413, $ 20, ante, under Rev. St. $$ 1596, 1597. Sec. 1600. Credit for volunteer service. All marine officers shall be credited with the length of time they may have been employed as officers or enlisted men in the volunteer service of the United States. Act March 2, 1867, c. 174, § 3, 14 Stat. 516. Sec. 1601. [Superseded. Act March 3, 1899, C. 413, § 18.] [ § This section provided that the commandant of the Marine Corps should have the rank of a brigadier-general of the Army. Act June 6, 1874, c. 216, 18 Stat. 58, provided that the office of commandant of the Ma- rine Corps having the rank of a brigadier-general of the Army should continue until a vacancy occurred and no longer, and that thereafter the commandant should have the rank and pay of a colonel. The vacancy occurred on November 1, 1876, and a commandant with the rank of colonel was appointed. But these provisions are superseded by those of Act March 3, 1889, c. 413, § 18, ante, under Rev. St. $$ 1596, 1597. Sec. 1602. [Superseded. Act March 3, 1899, C. 413, § 22.] This section provided that the adjutant and inspector, the paymaster, and the quartermaster should have the rank of major, and that the as- sistant quartermaster should have the rank of captain. It was amended by Act Feb. 27, 1877, c. 69, 19 Stat. 244, so that each'assistant quar- termaster should have the rank of captain. It is superseded by the pro- visions of Act March 3, 1899, c. 113, $ 22, ante, under Rev. St. $$ 1596, 1597. Sec. 1603. Relative rank with the Army. The officers of the Marine Corps shall be, in relation to rank, on the same footing as officers of similar grades in the Army. Act June 30, 1834, c. 132, § 4, 4 Stat. 713. 1094 (Secs. 1603-1606 Tit. 15— THE NAVY —Ch. 9. ACT JULY 28, 1892, o. 315. An Act to Provide for the Examination of Certain Officers of the Marine Corps, and to Regulate Promotion Therein. (27 Stat. 321.) Promotions as in Army. Be it enacted, &c., That hereafter promotions to every grade of commissioned officers in the Marine Corps below the grade of Com- mandant shall be made in the same manner and under the same condi- tions as now are or may hereafter be prescribed in pursuance of law, for commissioned officers of the Army: Provided, That kamin boards which may be organized under the provisions of this act to determine the fitness of officers of the Marine Corps for promotion shall in all cases consist of not less than five officers, three of whom shall, if practicable, be officers of the Marine Corps, senior to the officer to be examined, and two of whom shall be medical officers of the Navy: Provided further, That when not practicable to detail officers of the Marine Corps as members of such examining boards, officers of the line in the Navy shall be so detailed. Act July 28, 1892, c. 315, 27 Stat. 321. Provisions governing promotions in the Army are contained in Title XIV, "The Army," c. 1. Subsequent provisions relating to promotions in the Marine Corps, and examinations therefor, are contained in Act March 3, 1899, c. 413, SS 18–22, ante, under Rev. St. $$ 1596, 1597. Sec. 1604. Brevets. Commissions by brevet may be conferred upon commissioned offi- cers of the Marine Corps in the same cases, upon the same condi- tions, and in the same manner as are or may be provided by law for officers of the Army. Act July 6, 1812, c. 137, § 4, 2 Stat. 785. Act April 16, 1814, c. 58, $ 3, 3 Stat. 124. Act April 16, 1818, c. 64, § 2, 3 Stat. 427. Act June 30, 1831, c. 132, $ 9, 4 Stat. 713. Act March 1, 1869, c. 52, § 2, 15 Stat. 281. Act March 3, 1869, c. 124, § 7, 15 Stat. 318. Act July 15, 1870, c. 294, § 16, 16 Stat. 319. Brevet commissions for officers of the Army are provided for by Rev. St. $$ 1209-1211. Sec. 1605. Advancement in number. Any officer of the Marine Corps may, by and with the advice and consent of the Senate, be advanced not exceeding thirty numbers in rank, for eminent and conspicuous conduct in battle or extraordinary heroism. Act April 21, 1864, c. 63, § 6, 13 Stat. 54. Act Jan. 24, 1865, c. 19, $ 1, 13 Stat. 424. Sec. 1606. Promotion when grade is full. Any officer who is nominated to a higher grade by the provisions of the preceding section shall be promoted, notwithstanding the num- Secs. 1606-1608) - Tit. 15—THE NAVY —Ch1035 . 9. ber of said grade may be full, but no further promotion shall take place in that grade, except for like cause, until the number is reduced to that provided by law. Act Jan. 24, 1865, c. 19, $ 2, 13 Stat. 424. Advancement in rank of officers of the Marine Corps, pursuant to the provisions of Rev. St. § 1605, for services rendered during the war with Spain, are not to interfere with the regular promotion of officers other- wise entitled to promotion, by a provision of Act March 3, 1901, c. 852, § 1, ante, following Rev. St. $$ 1506, 1507, which contain provisions re- lating to officers of the Navy similar to those of Rev. St. $$ 1605, 1606. Act March 3, 1901, c. 852, § 1, further provides that officers so advanced shall, after having been promoted to higher grades, be carried thereafter as additional to the members of each grade to which they may be pro- moted, and they shall thereafter be promoted in due course, contempo- raneously with and to take rank next after the officer immediately above him; but that no promotion shall be made to fill a vacancy occasioned by the promotion, retirement, death, resignation, or dismissal of any offi- cer who, at the time of such promotion, retirement, death, resignation, or dismissal, is an additional member of his grade. Sec. 1607. Promotion for gallantry. Any officer of the Marine Corps may, by and with the advice and consent of the Senate, be advanced one grade, if, upon recommen- dation of the President by name, he receives the thanks of Congress for highly distinguished conduct in conflict with the enemy, or for extraordinary heroism in the line of his profession. Act July 16, 1862, c. 183, § 9, 12 Stat. 584. Act Jan. 24, 1865, c. 19, $ 2, 13 Stat. 424. Sec. 1608. [Superseded. Act March 3, 1901, C. 852.] This section provided that enlistments into the Marine Corps should be for a period not less than five years. It is superseded by the provi- sion of Act March 3, 1901, c. 852, set forth below. ACT MARCH 3, 1901, c. 852. Enlistments. That hereafter the enlistments into the Marine Corps shall be for a period of not less than four years. Act March 3, 1901, c. 852, 31 Stat. 1132. This is a provision of the naval appropriation act for the fiscal year ending June 30, 1902, cited above. It supersedes Rev. St. $ 1608. The transfer of any person enlisted in the military service to the Navy or Marine Corps, to serve the residue of his term of enlistment, is au- thorized by Rev. St. § 1421. Provisions for permitting enlisted men to purchase their discharge from the Navy or Marine Corps are contained in Act March 3, 1893, c. 212, ante, following Rev. St. § 1421. Provisions for issuing certificates of discharge to officers or men in lieu of lost or destroyed certificates are contained in Act Feb. 7, 1890, c. 8, ante, following Rev. St. $ 1426. Provisions for removal from the record of the charge of desertion against any appointed or enlisted man of the Navy or Marine Corps who 1096 (Secs. 1609-1612 Tit. 15—THE NAVY-- Ch. 9. served in the civil war are contained in Act Aug. 14, 1888, c. 890, ante, following Rev. St. § 1427. Sec. 1609. Oath. The officers and enlisted men of the Marine Corps shall take the same oaths, respectively, which are provided by law for the officers and enlisted men of the Army. Act July 11, 1798, c. 72, § 4, 1 Stat. 595. The oath of allegiance is to be administered also to the officers and men of the Navy, by Act March 3, 1899, c. 413, § 25, ante, following Rev. St. § 1420. Sec. 1610. Exemption from arrest. Marines shall be exempt, while enlisted in said service, from all personal arrest for debt or contract. Act July 11, 1798, c. 72, 85, 1 Stat. 595, 596. Act June 30, 1834, c. 132, 83, 4 Stat. 713. Sec. 1611. Companies and detachments. The Marine Corps may be formed into as many companies or detachments as the President may direct, with a proper distribution of the commissioned and non-commissioned officers and musicians to each company or detachment. Act July 11, 1798, c. 72, § 1, 1 Stat. 594. Sec. 1612. Pay of Marine Corps. The officers of the Marine Corps shall be entitled to receive the same pay and allowances, and the enlisted men shall be entitled to receive the same pay and bounty for re-enlisting, as are or may be provided by or in pursuance of law for the officers and enlisted men of like grades in the infantry of the Army. Act June 30, 1834, c. 132, § 5, 4 Stat. 713. Act Aug. 5, 1854, c. 268, 8.1, 10 Stat. 586. Provisions relating to the pay and allowances of the officers and en- listed men of the Army are contained in Title XIV, “The Army," c. 3. The pay of the drum major is the same as that of first sergeants, by a provision of Act July 26, 1894, c. 165, set forth below. The pay of gunnery sergeants, having the rank and allowance of first sergeant, is $35 per month, by Act March 3, 1899, c. 413, § 23, ante, under Rev. St. § 1596. Commutation for forage is not to be paid, by provisions of Act Jan. 30, 1883, c. 43, § 1, and Act March 3, 1885, c. 344, § 1, set forth below. Mileage to officers of the Marine Corps is provided for by Act June 10, 1896, c. 399, § 1, set forth below. Payment to officers of the Navy or Marine Corps, on the active or retired list, employed, after June 30, 1897, by any person or company furnishing naval supplies or war material to the government, is forbid- Secs. 1612-1613) 1097 Tit. 15—THE NAVY-Ch. 9. den, by a provision of Act June 10, 1896, c. 399, § 1, ante, following Rev St. 8 1440. Allotments from pay by officers of the Navy and the Marine Corps are authorized by another provision of Act June 10, 1896, c. 399, 8 1, ante, following Rev. St. & 1576. ACT JAN. 30, 1885, c. 43, § 1. No commutation for forage. Marine Corps. That no commutation for forage shall be paid. * * Act Jan. 30, 1885, c. 43, § 1, 23 Stat. 294. Act March 3, 1885, c. 344, § 1, 23 Stat. 432. This is a proviso annexed to an appropriation for purchase of forage in the additional naval appropriation act for the fiscal year ending June 30, 1885, cited above. It is repeated in the naval appropriation act for the fiscal year next following, also cited above. ACT JULY 26, 1894, c. 165. Pay of drum major. Marine Corps. * * That the pay of the drum major shall be the same as that now established, or that may be hereafter estab- lished, for first sergeants in the Marine Corps of the same length of service. * * Act July 26, 1894, c. 165, 28 Stat. 138. This is a proviso annexed to the appropriation for pay of the Marine Corps in the naval appropriation act for the fiscal year ending June 30, 1895, cited above. A drum major is included in the enlisted force by Act March 3, 1899, c. 413, $ 23, ante, under Rev. St. $ 1596. ACT JUNE 10, 1896, c. 399, § 1. Mileage. And hereafter officers of the Marine Corps traveling under orders without troops shall be allowed the same mileage as is now allowed officers of the Navy traveling without troops. Act June 10, 1896, c. 399, § 1, 29 Stat. 376. This is a provision of the naval appropriation act for the fiscal year ending June 30, 1897, cited above. * Sec. 1613. Marine band. The marines who compose the corps of musicians known as the “Marine Band” shall be entitled to receive at the rate of four dollars a month, each, in addition to their pay as non-commissioned offi- cers, musicians, or privates of the Marine Corps, so long as they shall perform, by order of the Secretary of the Navy, or other supe- rior officer, on the Capitol grounds or the President's grounds. Act Aug. 5, 1854, c. 268, § 1, 10 Stat. 586. Act Aug. 18, 1856, c. 162, $ 5, 11 Stat. 118. The regular pay of the members of the band is prescribed by Act March 3, 1899, c. 413, 24, ante, under Rev. St. 8 1596. 1098 (Secs. 1614-1616 Tit. 15— THE NAVY—Ch. 9. Sec. 1614. Deduction for hospitals. The Secretary of the Navy shall deduct from the pay due each of the officers and enlisted men of the Marine Corps at the rate of twenty cents per month for every officer and marine, to be applied to the fund for Navy hospitals. Act March 2, 1799, c. 36, $ 2.1 Stat. 729. Act Feb. 26, 1811, c. 26, § 1, 2 Stat 650. Provisions for furnishing trusses to seamen and marines of the naval service, as well as to soldiers of the Army, are contained in Act March 3, 1879, c. 173, ante, following Rev. St. § 1178. Sec. 1615. Rations of enlisted men. The non-commissioned officers, privates, and musicians of the Ma- rine Corps shall, each, be entitled to receive one Navy ration daily. Act July 1, 1797, c. 7, § 6,1 Stat. 524. Act July 11, 1798, c. 72, § 2. 1 Stat. 5.95. The constituents of the Navy ration are prescribed by Rev. St. $$ 1580, 1581. Provisions relating to rations for marines on shore duty, and commuta- tion thereof, are contained in Act March 3, 1901, c. 852, set forth below. ACT MARCH 3, 1901, c. 852. Rations of marines on shore duty. * * And no law shall be construed to entitle marines on shore duty to any rations, or commutation therefor, other than such as now or may hereafter be allowed to enlisted men in the army: army: Pro- vided, however, that when it is impracticable or the expense is found greater to supply marines serving on shore duty in the island pos- sessions and on foreign stations with the army ration, such marines may be allowed the navy ration or commutation therefor. Act March 3, 1901, c. 852, $ 1, 31 Stat. 1130. This is a provision of the naval appropriation act for the fiscal year ending June 30, 1902, cited above. Previous appropriation acts contain a precisely similar paragraph, without the proviso Act March 2, 1891, c. 496, 26 Stat. 813; Act July 19, 1892, c. 206, § 1, 27 Stat. 249; Act March 3, 1893, c. 212, § 1, 27 Stat. 715; Act July 26, 1894, c. 165, 28 Stat. 139; Act March 2, 1895, c. 186, 28 Stat. 839; Act June 10, 1896, c. 399, 29 Stat. 376; Act March 3, 1897, c. 386, 29 Stat. 663; Act May 4, 1898, c. 234, 30 Stat. 387; Act March 3, 1899, c. 421, 30 Stat. 1043; Act June 7, 1900, c. 859, 31 Stat. 705. The President is authorized to prescribe the kinds and quantities of the component articles of the Army ration, by Act Feb. 2, 1901, c. 192, $ 40, ante, following Rev. St. § 1094. Sec. 1616. Service on armed vessels. Marines may be detached for service on board the armed vessels of the United States, and the President may detach and appoint, for Secs. 1617-1621) 1099 Tit. 15— THE NAVY-Ch.9. service on said vessels, such of the officers of said corps as he may deem necessary. Act July 1, 1797, c. 7, § 4, 1 Stat. 523. Act July 11, 1798, c. 72, $S 1, 3, 1 Stat. 595. Sec. 1617. Marine officers not to command navy-yards or vessels. No officer of the Marine Corps shall exercise command over any navy-yard or vessel of the United States. Act June 30, 1834, c. 132, 8 4, 4 Stat. 713. Sec. 1618. Marines substituted for landsmen. The President may substitute marines for landsmen in the Navy, as far as he may deem it for the good of the service. Act March 3, 1849, c. 103, § 1, 9 Stat. 377. Sec. 1619. . Duty on shore. The Marine Corps shall be liable to do duty in the forts and gar- risons of the United States, on the sea-coast, or any other duty on shore, as the President, at his discretion, may direct. Act July 11, 1798, c. 72, $ 6, 1 Stat. 596. Provisions relating to the pay of officers and enlisted men of the Ma- rine Corps, when detailed for shore duty beyond seas, are contained in Act March 3, 1901, c. 852, ante, following Rev St. $ 1571. Provisions relating to rations of marines on shore duty are contained in Act March 3, 1901, c. 852, ante, following Rev. St. & 1615. Sec. 1620. Regulations. The President is authorized to prescribe such military regulations for the discipline of the Marine Corps as he may deem expedient. Act June 30, 1834, c. 132, § 8, 4 Stat. 713. Sec. 1621. Subject to laws governing the Navy, except when serving with the Army. The Marine Corps shall, at all times, be subject to the laws and regulations established for the government of the Navy, except when detached for service with the Army by order of the President; and when so detached they shall be subject to the rules and articles of war prescribed for the government of the Army. Act July 11, 1798, c. 72, 8 4, 1 Stat. 595. Act June 30, 1834, c. 132, $ 2, 4 Stat. 713. 1100 (Secs. 1622-1623 Tit. 15— THE NAVY —Ch. 10. Sec. 1622. Retirement. The commissioned officers of the Marine Corps shall be retired in like cases, in the same manner, and with the same relative condi- tions, in all respects, as are provided for officers of the Army, except as is otherwise provided in the next section. Act Aug. 3, 1861, c. 42, $S 15, 16, 17, 12 Stat. 289. Act July 17, 1862, c. 200, § 12, 12 Stat. 596. Act Jan. 21, 1870, c. 9, § 1, 16 Stat. 62. Act July 15, 1870, c. 294, 8 4, 16 Stat. 317. Act June 10, 1872, c. 419, § 1, 17 Stat. 378. Sec. 1623. Retiring-board, how composed. In case of an officer of the Marine Corps, the retiring-board shall be selected by the Secretary of the Navy, under the direction of the President. Two-fifths of the board shall be selected from the Med- ical Corps of the Navy, and the remainder shall be selected from officers of the Marine Corps, senior in rank, so far as may be, to the officer whose disability is to be inquired of. Act Aug. 3, 1861, c. 42, § 17, 12 Stat. 289. Provisions for the detail of retired officers of the Navy or Marine Corps as teachers or professors in schools or colleges are contained in Act March 2, 1895, c. 186, ante, following Rev. St. § 1461. CHAPTER TEN. Articles for the Government of the Navy. Sec. 1624. Articles established. Art. 1. Commanders' duty of supervision and correction. 2. Divine service. 3. Irreverent behavior. 4. Offenses punishable by death. 1. Mutiny. 2. Disobedience of orders. 3. Striking superior officer. 4. Intercourse with an enemy. 5. Messages from an enemy. 6. Desertion in time of war. 7. Deserting trust. 8. Sleeping on watch. 9. Leaving station. 10. Willful stranding or injury of vessel 11. Unlawful destruction of pub- lic property. 12. Striking flag or treacherous- ly yielding Art. 13. Cowardice in battle. 14. Deserting duty in battle. 15. Neglecting orders to prepare for battle. 16. Neglecting to clear for ac- tion. 17. Neglecting to join on signal for battle. 18. Failing to encourage the men to fight. 19. Failing to seek encounter. 20. Failing to afford relief in battle. 5. Spies. 6. Murder. 7. Imprisonment in a penitentiary. 8. Offenses punishable at discretion of court-martial. 1. Profanity, falsehood, etc. 2. Cruelty. 3. Quarreling. 4. Fomenting quarrels. Tit. 15—THE NAVY1101 - -Ch. 10. Art. 5. Duels. 6. Contempt of superior offi- cer. 7. Combinations against supe rior officer. 8. Mutinous words. 9. Neglect of orders. 10. Preventing destruction of public property. 11. Negligent stranding. 12. Negligence in convoy serv- ice. 13. Receiving articles for freight. 14. False muster. 15. Waste of public property, etc. 16. Plundering on shore. 17. Refusing to apprehend of- fenders. 18. Refusing to receive prison- ers. 19. Absence from duty without leave. 20. Violating general orders or regulations. 21. Desertion in time of peace. 22. Harboring deserters. 9. Officers absent without leave may be reduced. 10. Desertion by resignation. 11. Dealing in supplies on private ac- count. 12. Importing dutiable goods in pub- lic vessels. 13. Distilled spirits only as medical stores. 14. Certain crimes of fraud against the United States. [Presenting false claims.] [Agreement to obtain payment of false claims.] [False paper.] [Perjury.] [Forgery.] [Delivering less property than receipt calls for.] [Giving receipts without know- ing truth of.] [Stealing, wrongfully selling, etc.] [Buying public military proper- ty.] [Executing, attempting, or coun- tenancing fraud against Unit- ed States.] Art. [Effect of discharge or dismis- sal on liability to punishment.] 15. List of persons claiming prize- money. 16. Removing property from a prize. 17. Maltreating persons taken on a prize. 18. Returning fugitives from service. 19. Enlisting deserters, minors, etc. 20. Duties of commanding officers. 1. Men received on board. 2. List of officers, men, and passengers. 3. Deaths and desertion. 4. Property of deceased per- sons. 5. Accounts of men received. 6. Accounts of men sent from the ship. 7. Inspection of provisions. 8. Health of crew. 9. Attendance at final payment of crew. 10. Articles for the government of the Navy. Punishment for offending against this article. 21. Authority of officers after loss of vessel. 22. Offenses not specified. 23. Offenses committed on shore. 24. Punishments by order of com- mander. [Reduction of rating.] [Confinement with or without irons.] [Solitary confinement, on bread and water.] [Solitary confinement.] [Deprivation of shore liberty.] [Extra duties.] [Other punishments not permit- ted except by sentence of gen- eral or summary court-mar- tial.] 25. Punishment by officer temporarily commanding. 26. Summary courts-martial. 27. Constitution of summary courts- martial. 28. Oath of members and recorder. 29. Testimony. 30. Punishments by summary courts. [1. Bad conduct discharge.] [2. Solitary confinement in irons, on bread and water.] 1102 (Sec. 1624 Tit. 15—THE NAVY —Ch. 10. Art. [3. Solitary confinement in irons.] [4. Solitary confinement.] [5. Confinement.] [6. Reduction in rating.] [7. Deprivation of shore lib- erty.] [8. Extra police duties and loss of pay.] 31. Disrating for incompetency. 32. Execution of sentence of sum- mary court. 33. Remission of sentence. 34. Manner of conducting proceed- ings. 35. Same punishments by general courts-martial. 36. Dismissal of officers. 37. Officer dismissed by the President may demand trial. 38. General courts-martial, by whom convened. 39. Constitution of. 40. Oaths of members and judge-ad- vocate. 41. Oath of witness. 42. Contempts of court. 43. Charges. 44. Duty of officer arrested. Art. 45. Suspension of proceedings. 46. Absence of members. 47. Witnesses examined in absence of a member. 48. Suspension of pay. 49. Flogging, branding, etc. 50. Sentences, how determined. 51. Adequate punishment; recom- mendation to mercy. 52. Authentication of judgment. 53. Confirmation of sentence. 54. Remission and mitigation of sen- tence. 55. Courts of inquiry, by whom order- ed. 56. Constitution of. 57. Powers of. 58. Oath of members and judge-advo- cate. 59. Rights of party inquired of. 60. Proceedings, how authenticated and used as evidence. 61. Limitation of trials for offenses in general. 62. Limitation of trials for desertion in time of peace. 63. Punishment for offenses in time of peace, discretion of court- martial. Sec. 1624. [As amended 1879, 1895.) Articles established. The Navy of the United States shall be governed by the following articles : Commanders' duty of supervision and correction. Article 1. The commanders of all fleets, squadrons, naval stations, and vessels belonging to the Navy, are required to show in them- selves a good example of virtue, honor, patriotism, and subordina- tion; to be vigilant in inspecting the conduct of all persons who are placed under their command; to guard against and suppress all dis- solute and immoral practices, and to correct, according to the laws and regulations of the Navy, all persons who are guilty of them; and any such commander who offends against this article shall be punished as a court-martial may direct. Act July 17, 1862, c. 204, § 1, art. 1, 12 Stat. 601. Divine service. Art. 2. The commanders of vessels and naval stations to which chaplains are attached shall cause divine service to be performed on Sunday, whenever the weather and other circumstances allow it to be done; and it is earnestly recommended to all officers, seamen, Sec. 1624) - Tit. 15—THE NAVY —Ch1103 . 10. and others in the naval service diligently to attend at every per- formance of the worship of Almighty God. Act July 17, 1862, c. 204, § 1, art. 2, 12 Stat. 601. Irreverent behavior. Art. 3. Any irreverent or unbecoming behavior during divine serv- ice shall be punished as a general or summary court-martial may direct. Act July 17, 1862, c. 204, § 1, art. 2, 12 Stat. 601. Offenses punishable by death. Art. 4. The punishment of death, or such other punishment as a court-martial may adjudge, may be inflicted on any person in the naval service- Act July 17, 1862, c. 204, § 1, art. 3, 12 Stat. 601. Mutiny. First. Who makes, or attempts to make, or unites with any mutiny or mutinous assembly, or, being witness to or present at any mutiny, does not do his utmost to suppress it; or, knowing of any mutinous assembly or of any intended mutiny, does not immediately commu- nicate his knowledge to his superior or commanding officer; Disobedience of orders. Second. Or disobeys the lawful orders of his superior officer; Striking superior officer. Third. Or strikes or assaults, or attempts or threatens to strike or assault, his superior officer while in the execution of the duties of his office; Intercourse with an enemy. Fourth. Or gives any intelligence to, or holds or entertains any intercourse with, an enemy or rebel, without leave from the Presi- dent, the Secretary of the Navy, the commander-in-chief of the fleet, the commander of the squadron, or, in case of a vessel acting singly, from his commanding officer; Messages from an enemy. Fifth. Or receives any message or letter from an enemy or rebel, or, being aware of the unlawful reception of such message or letter, fails to take the earliest opportunity to inform his superior or com- manding officer thereof; Desertion in time of war. Sixth. Or, in time of war, deserts or entices others to desert; Act April 23, 1800, c. 33, § 1, art. 17, 2 Stat. 47. Provisions relating to forfeiture of rights of citizenship, etc., by de. sertion, etc., are contained in Rev. St. $8 1996-1998. Deserting trust. Seventh. Or, in time of war, deserts or betrays his trust, or entices or aids others to desert or betray their trust; Sleeping on watch. Eighth. Or sleeps upon his watch; 1104 (Sec. 1624 Tit. 15—THE NAVY-Ch. 10. Leaving station. Ninth. Or leaves his station before being regularly relieved; Willful stranding or injury of vessel. Tenth. Or intentionally or willfully suffers any vessel of the Navy to be stranded, or run upon rocks or shoals, or improperly hazarded; or maliciously or willfully injures any vessel of the Navy, or any part of her tackle, armament, or equipment, whereby the safety of the vessel is hazarded or the lives of the crew exposed to danger; Unlawful destruction of public property. Eleventh. Or unlawfully sets on fire, or otherwise unlawfully de- stroys, any public property not at the time in possession of an enemy, pirate, or rebel; Striking flag or treacherously yielding. Twelfth. Or strikes or attempts to strike the flag to an enemy or rebel, without proper authority, or, when engaged in battle, treacher- ously yields or pusillanimously cries for quarters; Cowardice in battle. Thirteenth. Or, in time of battle, displays cowardice, negligence, or disaffection, or withdraws from or keeps out of danger to which he should expose himself; Deserting duty in battle. Fourteenth. Or, in time of battle, deserts his duty or station, or entices others to do so; Neglecting orders to prepare for battle. Fifteenth. Or does not properly observe the orders of his com- manding officer, and use his utmost exertions to carry them into execution, when ordered to prepare for or join in, or when actually engaged in, battle, or while in sight of an enemy; Neglecting to clear for action. Sixteenth. Or, being in command of a fleet, squadron, or vessel acting singly, neglects, when an engagement is probable, or when an armed vessel of an enemy or rebel is in sight, to prepare and clear his ship or ships for action; Neglecting to join on signal for battle. Seventeenth. Or does not, upon signal for battle, use his utmost exertions to join in battle; Failing to encourage the men to fight. Eighteenth. Or fails to encourage, in his own person, his inferior officers and men to fight courageously; Failing to seek encounter. Nineteenth. Or does not do his utmost to overtake and capture or destroy any vessel which it is his duty to encounter; Failing to afford relief in battle. Twentieth. Or does not afford all practicable relief and assistance Sec. 1624) - Tit. 15—THE NAVY1105 Ch. 10. to vessels belonging to the United States or their allies when en- gaged in battle. Spies. Art. 5. All persons who, in time of war, or of rebellion against the supreme authority of the United States, come or are found in the capacity of spies, or who bring or deliver any seducing letter or message from an enemy or rebel, or endeavor to corrupt any person in the Navy to betray his trust, shall suffer death, or such other punishment as a court-martial may adjudge. Act Feb. 13, 1862, c. 25, § 4, 12 Stat. 340. Act July 17, 1862, c. 204, § 1, art. 4, 12 Stat. 602. Act March 3, 1863, c. 75, $ 38, 12 Stat. 737. Murder. Art. 6. If any person belonging to any public vessel of the United States commits the crime of murder without the territorial jurisdic- tion thereof, he may be tried by court-martial and punished with death. Act July 17, 1862, c. 204, § 1, art. 5, 12 Stat. 602. Imprisonment in a penitentiary. Art. 7. A naval court-martial may adjudge the punishment of im- prisonment for life, or for a stated term, at hard labor, in any case where it is authorized to adjudge the punishment of death; and such sentences of imprisonment and hard labor may be carried into execution in any prison or penitentiary under the control of the United States, or which the United States may be allowed, by the legislature of any State, to use; and persons so imprisoned in the prison or penitentiary of any State or Territory shall be subject, in all respects, to the same discipline and treatment as convicts sentenced by the courts of the State or Territory in which the same may be situated. Act July 17, 1862, c. 204, § 1, art. 6, 12 Stat. 602. Offenses punishable at discretion of court-martial. Art. 8. Such punishment as a court-martial may adjudge may be inflicted on any person in the Navy- Act July 17, 1862, c. 204, 81, art. 7, 12 Stat. 602. Profanity, falsehood, etc. First. Who is guilty of profane swearing, falsehood, drunkenness, gambling, fraud, theft, or any other scandalous conduct tending to the destruction of good morals; Cruelty. Second. Or is guilty of cruelty toward, or oppression or maltreat- ment of, any person subject to his orders; Quarreling. Third. Or quarrels with, strikes, or assaults, or uses provoking or reproachful words, gestures, or menaces toward, any person in the Navy; Fomenting quarrels. Fourth. Or endeavors to foment quarrels between other persons in the Navy; LAWS '01-70 1106 (Sec. 1624 Tit. 15—THE NAVY —Ch. 10. Duels. Fifth. Or sends or accepts a challenge to fight a duel or acts as a second in a duel; Contempt of superior officer. Sixth. Or treats his superior officer with contempt, or is disre- spectful to him in language or deportment, while in the execution of his office; Combinations against superior officer. Seventh. Or joins in or abets any combination to weaken the law- ful authority of, or lessen the respect due to, his commanding officer; Mutinous words. Eighth. Or utters any seditious or mutinous words; Act April 23, 1800, c. 33, § 1, art. 13, 2 Stat. 47. Neglect of orders. Ninth. Or is negligent or careless in obeying orders, or culpably inefficient in the performance of duty; Preventing destruction of public property. Tenth. Or does not use his best exertions to prevent the unlawful destruction of public property by others; Act April 23, 1800, c. 33, § 1, art. 25, 2 Stat. 48. Negligent stranding. Eleventh. Or, through inattention or negligence, suffers any ves- sel of the Navy to be stranded, or run upon a rock or shoal, or hazarded; Negligence in convoy service. Twelfth. Or, when attached to any vessel appointed as convoy to any merchant or other vessels, fails diligently to perform his duty, or demands or exacts any compensation for his services, or maltreats the officers or crews of such merchant or other vessels; Receiving articles for freight. Thirteenth. Or takes, receives, or permits to be received, on board the vessel to which he is attached, any goods or merchandise, for freight, sale, or traffic, except gold, silver, or jewels, for freight or safe-keeping; or demands or receives any compensation for the re- ceipt or transportation of any other article than gold, silver, or jewels, without authority from the President or Secretary of the Navy; False muster. Fourteenth. Or knowingly makes or signs, or aids, abets, directs, or procures the making or signing of, any false muster; Waste of public property, etc. Fifteenth. Or wastes any ammunition, provisions, or other public property, or, having power to prevent it, knowingly permits such waste; Sec. 1624) 1107 Tit. 15—THE NAVY-Ch. 10. Plundering on shore. Sixteenth. Or, when on shore, plunders, abuses, or maltreats any inhabitant, or injures his property in any way; Refusing to apprehend offenders. Seventeenth. Or refuses, or fails to use, his utmost exertions to detect, apprehend, and bring to punishment all offenders, or to aid all persons appointed for that purpose; Refusing to receive prisoners. Eighteenth. Or, when rated or acting as master-at-arms, refuses to receive such prisoners as may be committed to his charge, or, having received them, suffers them to escape, or dismisses them without or- ders from the proper authority; Absence from duty without leave. Nineteenth. Or is absent from his station or duty without leave, or after his leave has expired; Violating general orders or regulations. Twentieth. Or violates or refuses obedience to any lawful general order or regulation issued by the Secretary of the Navy; Desertion in time of peace. Twenty-first. Or, in time of peace, deserts or attempts to desert, or aids and entices others to desert; Harboring deserters. Twenty-second. Or receives or entertains any deserter from any other vessel of the Navy, knowing him to be such, and does not, with all convenient speed, give notice of such deserter to the commander of the vessel to which he belongs, or to the commander-in-chief, or to the commander of the squadron. Act April 23, 1800, c. 33, § 1, art. 33, 2 Stat. 49. Officer absent without leave may be reduced. Art. 9. Any officer who absents himself from his command without leave, may, by the sentence of a court-martial, be reduced to the rat- ing of an ordinary seaman. Act May 16, 1864, c. 86, § 2, 13 Stat. 75. Desertion by resignation. Art. 10. Any commissioned officer of the Navy or Marine Corps who, having tendered his resignation, quits his post or proper duties without leave, and with intent to remain permanently absent there- from, prior to due notice of the acceptance of such resignation, shall be deemed and punished as a deserter. Act Aug. 5, 1861, c. 54, $ 2, 12 Stat. 316, 317. Dealing in supplies on private account. Art. II. No person in the naval service shall procure stores or other articles or supplies for, and dispose thereof to, the officers or enlisted men on vessels of the Navy, or at navy-yards or naval sta- tions, for his own account or benefit. Act Aug. 26, 1842, c. 206, § 1, 5 Stat. 535. 1108 (Sec. 1624 Tit. 15—THE NAVY_Ch. 10. Importing dutiable goods in public vessels. Art. 12. No person connected with the Navy shall, under any pre- tense, import in a public vessel any article which is liable to the pay- ment of duty. Act July 30. 1846, c. 74, § 10, 9 Stat. 44. Distilled spirits only as medical stores. Art. 13. Distilled spirits shall be admitted on board of vessels of war only upon the order and under the control of the medical officers of such vessels, and to be used only for medical purposes. Act July 14, 1862, c. 164, § 4, 12 Stat. 565. Certain crimes of fraud against the United States. Art. 14. Fine and imprisonment, or such other punishment as a court-martial may adjudge, shall be inflicted upon any person in the naval service of the United States- Act March 2, 1863, c. 67, § 1, 12 Stat. 696. [Presenting false claims.] Who presents or causes to be presented to any person in the civil, military, or naval service thereof, for approval or payment, any claim against the United States or any officer thereof, knowing such claim to be false or fraudulent; or [Agreement to obtain payment of false claims.] Who enters into any agreement or conspiracy to defraud the United States by obtaining, or aiding others to obtain, the allowance or pay- ment of any false or fraudulent claim; or False paper.] Who, for the purpose of obtaining, or aiding others to obtain, the approval, allowance, or payment of any claim against the United States or against any officer thereof, makes or uses, or procures or advises the making or use of, any writing, or other paper, knowing the same to contain any false or fraudulent statement; or [Perjury.] Who, for the purpose of obtaining, or aiding others to obtain, the approval, allowance, or payment of any claim against the United States or any officer thereof, makes, or procures or advises the mak- ing of, any oath to any fact or to any writing or other paper, knowing such oath to be false; or [Forgery.] Who, for the purpose of obtaining, or aiding others to obtain, the approval, allowance, or payment of any claim against the United States or any officer thereof, forges or counterfeits, or procures or ad- vises the forging or counterfeiting of, any signature upon any writing or other paper, or uses, or procures or advises the use of, any such signature, knowing the same to be forged or counterfeited; or [Delivering less property than receipt calls for.] Who, having charge, possession, custody, or control of any money or other property of the United States, furnished or intended for the Sec. 1624) - Tit. 15— THE NAVY 1109 - Ch. 10. naval service thereof, knowingly delivers, or causes to be delivered, to any person having authority to receive the same, any amount thereof less than that for which he receives a certificate or receipt; or [Giving receipts without knowing truth of.] Who, being authorized to make or deliver any paper certifying the receipt of any money or other property of the United States, furnished or intended for the naval servive thereof, makes, or delivers to any person, such writing, without having full knowledge of the truth of the statements therein contained, and with intent to defraud the United States; or [Stealing, wrongfully selling, etc.] Who steals, embezzles, knowingly and willfully misappropriates, applies to his own use or benefit, or wrongfully and knowingly sells or disposes of any ordnance, arms, equipments, ammunition, cloth- ing, subsistence stores, money or other property of the United States, furnished or intended for the military or naval service thereof; or [Buying public military property.] Who knowingly purchases, or receives in pledge for any obligation or indebtedness, from any other person who is a part of or employed in said service, any ordnance, arms, equipments, ammunition, cloth- ing, subsistence stores, or other property of the United States, such other person not having lawful right to sell or pledge the same; or [Executing, attempting, or countenancing fraud against United States.] Who executes, attempts, or countenances any other fraud against the United States. Act July 17, 1862, c. 204, § 1, art. 7, 12 Stat. 602. [Effect of discharge or dismissal on liability to punishment.] And if any person, being guilty of any of the offenses described in this article while in the naval service, receives his discharge, or is dis- missed from the service, he shall continue to be liable to be arrested and held for trial and sentence by a court-martial, in the same man- ner and to the same extent as if he had not received such discharge nor been dismissed. Act March 2, 1863, c. 67, § 2, 12 Stat. 697. List of persons claiming prize-money. Art. 15. The commanding officer of every vessel in the Navy enti- tled to or claiming an award of prize-money shall, as soon as it may be practicable after the capture, transmit to the Navy Department a complete list of the officers and men of his vessel entitled to share, stating therein the quality of each person rating; and every command- ing officer who offends against this article shall be punished as a court-martial may direct. Act July 17, 1862, c. 204, § 5, 12 Stat. 607. All provisions of law authorizing the distribution of prize-money, etc. (Rev. St. $$ 4630-4635), are repealed by Act March 3, 1899, c. 413, & 13. ante, following Rev. St. $ 1556. Removing property from a prize. Art. 16. No person in the Navy shall take out of a prize, or vessel 1110 (Sec. 1624 Tit. 15—THE NAVY—Ch. 10. seized as a prize, any money, plate, goods, or any part of her equip- ment, unless it be for the better preservation thereof, or unless such articles are absolutely needed for the use of any of the vessels or armed forces of the United States, before the same are adjudged law- ful prize by a competent court; but the whole, without fraud, conceal- ment, or embezzlement, shall be brought in, in order that judgment may be passed thereon; and every person who offends against this article shall be punished as a court-martial may direct. Act July 17, 1862, c. 204, § 7, 12 Stat. 607. Maltreating persons taken on a prize. Art. 17. If any person in the Navy strips off the clothes of, or pil- lages, or in any manner maltreats, any person taken on board a prize, he shall suffer such punishment as a court-martial may adjudge. Act July 17, 1862, c. 204, § 8, 12 Stat. 607. Returning fugitives from service. Art. 18. If any officer or person in the naval service employs any of the forces under his command for the purpose of returning any fugi- tive from service or labor, he shall be dismissed from the service. Act March 13, 1862, c. 40, § 1, 12 Stat. 354. Enlisting deserters, minors, etc. Art. 19. Any officer who knowingly enlists into the naval service any deserter from the naval or military service of the United States, or any insane or intoxicated person, or any minor between the ages of fifteen and eighteen years, without the consent of his parents or guardian, or any minor under the age of fifteen years, shall be pun- ished as a court-martial may direct. Act March 3, 1865, c. 79, § 18, 13 Stat. 490. Act May 12, 1879, c. 5, 21 Stat. 3. This article as originally enacted punished the enlistment of any minor between the ages of sixteen and eighteen years without the consent of his parents or guardian, or any minor under the age of sixteen years, by dishonorable dismissal from the service. It is amended by Act May 12. 1879, c. 5, cited above, by changing the word "sixteen," in both the places in which it occurs, to "fifteen," and the words at the end of the section, "dishonorably dismissed from the service of the United States," to “punished as a court-martial may direct." By the same act, Rev. St. 88 1418-1420, were amended by changing the minimum age of enlistment fixed thereby from sixteen to fifteen years, but it is changed to fourteen years by subsequent amendment of those sections by Act Feb. 23, 1881, c. 73, 82, 21 Stat. 338. Duties of commanding officers. Art. 20. Every commanding officer of a vessel in the Navy shall obey the following rules: Act July 17, 1862, c. 201, § 16, 12 Stat. 609. Men received on board. First. Whenever a man enters on board, the commanding officer shall cause an accurate entry to be made in the ship's books, showing his name, the date, place, and term of his enlistment, the place or vessel from which he was received on board, his rating, his descriptive list, his age, place of birth, and citizenship, with such remarks as may be necessary. Sec. 1624) 1111 Tit. 15--THE NAVY/Ch. 10. List of officers, men, and passengers. Second. He shall, before sailing, transmit to the Secretary of the Navy a complete list of the rated men under his command, showing the particulars set forth in rule one, and a list of officers and passen- gers, showing the date of their entering. And he shall cause similar lists to be made out on the first day of every third month and trans- mitted to the Secretary of the Navy as opportunities occur, account- ing therein for any casualty which may have happened since the last list. Deaths and desertion. Third. He shall cause to be accurately minuted on the ship's books the names of any persons dying or deserting, and the times at which such death or desertion occurs. Property of deceased persons. Fourth. In case of the death of any officer, man, or passenger on said vessel, he shall take care that the paymaster secures all the property of the deceased, for the benefit of his legal representatives. Accounts of men received. Fifth. He shall not receive on board any man transferred from any other vessel or station to him, unless such man is furnished with an account, signed by the captain and paymaster of the vessel or station from which he came, specifying the date of his entry on said vessel or at said station, the period and term of his service, the sums paid him, the balance due him, the quality in which he was rated, and his (lescriptive list. Accounts of men sent from the ship. Sixth. He shall, whenever officers or men are sent from his ship, for whatever cause, take care that each man is furnished with a com- plete statement of his account, specifying the date of his enlistment, the period and term of his service, and his descriptive list. Said account shall be signed by the commanding officer and paymaster. Inspection of provisions. Seventh. He shall cause frequent inspections to be made into the condition of the provisions on his ship, and use every precaution for their preservation. Health of crew. Eighth. He shall frequently consult with the surgeon in regard to the sanitary condition of his crew, and shall use all proper means to preserve their health. And he shall cause a convenient place to be set apart for sick or disabled men, to which he shall have them removed, with their hammocks and bedding, when the surgeon so advises, and shall direct that some of the crew attend them and keep the place clean. Attendance at final payment of crew. Ninth. He shall attend in person, or appoint a proper officer to at- tend, when his crew is finally paid off, to see that justice is done to the men and to the United States in the settlement of the accounts. 1112 (Sec. 1624 Tit. 15—THE Navy—Ch. 10. Articles for the government of the Navy. Tenth. He shall cause the articles for the government of the Navy to be hung up in some public part of the ship and read once a month to his ship's company. Punishment for offending against this article. Every commanding officer who offends against the provisions of this article shall be punished as a court-martial may direct. Authority of officers after loss of vessel. Art. 21. When the crew of any vessel of the United States are separated from their vessel by means of her wreck, loss, or destruc- tion, all the command and authority given to the officers of such vessel shall remain in full force until such ship's company shall be regularly discharged from or ordered again into service, or until a court-martial or court of inquiry shall be held to inquire into the loss of said vessel. And if any officer or man, after such wreck, loss, or destruction, acts contrary to the discipline of the Navy, he shall be punished as a court-martial may direct. Act July 17, 1862, c. 204, § 14, 12 Stat. 608. Offenses not specified. Art. 22. All offenses committed by persons belonging to the Navy which are not specified in the foregoing articles shall be punished as a court-martial may direct. Act July 17, 1862, c. 204, § 1, art. 8, 12 Stat. 603. Fraudulent enlistment, and the receipt of any pay or allowance there- under, is declared an offense against naval discipline, and made punish- able by general court-martial, under this section, by a provision of Act March 3, 1893, c. 212, ante, following Rev. St. § 1417. Offenses committed on shore. Art. 23. All offenses committed by persons belonging to the Navy while on shore shall be punished in the same manner as if they had been committed at sea. Act July 17, 1862, c. 204, § 1, art. 9, 12 Stat. 603. Punishments by order of commander. Art. 24. No commander of a vessel shall inflict upon a commis- sioned or warrant officer any other punishment than private repri- mand, suspension from duty, arrest, or confinement, and such suspen- sion, arrest, or confinement shall not continue longer than ten days, unless a further period is necessary to bring the offender to trial by a court-martial; nor shall he inflict, or cause to be inflicted, upon any petty officer, or person of inferior rating, or marine, for a single of- fense, or at any one time, any other than one of the following pun- ishments, namely: Act July 17, 1862, c. 204, 81, art. 10, 12 Stat. 603. [Reduction of rating.] First. Reduction of any rating established by himself. [Confinement with or without irons. ] Second. Confinement, with or without irons, single or double, not Sec. 1624) 1113 Tit. 15— THE NAVY-Ch. 10. exceeding ten days, unless further confinement be necessary, in the case of a prisoner to be tried by court-martial. [Solitary confinement, on bread and water.] Third. Solitary confinement, on bread and water, not exceeding five days. [Solitary confinement.] Fourth. Solitary confinement not exceeding seven days. [Deprivation of shore liberty.] Fifth. Deprivation of liberty on shore. [Extra duties.] Sixth. Extra duties. [Other punishments not permitted except by sentence of general or summary court-martial.] No other punishment shall be permitted on board of vessels be- longing to the Navy, except by sentence of a general or summary court-martial. All punishments inflicted by the commander, or by his order, except reprimands, shall be fully entered upon the ship's log Punishment by officer temporarily commanding. Art. 25. No officer who may command by accident, or in the ab- sence of the commanding officer, except when such commanding officer is absent for a time by leave, shall inflict any other punishment than confinement. Act April 23, 1800, c. 33, § 1, art. 30, 2 Stat. 49. Summary courts-martial. Art. 26. Summary courts-martial may be ordered upon petty offi- cers and persons of inferior ratings, by the commander of any ves- sel, or by the commandant of any navy-yard, naval station, or marine barracks to which they belong, for the trial of offenses which such officer may deem deserving of greater punishment than such com- mander or commandant is authorized to inflict, but not sufficient to require trial by a general court-martial. Act March 2, 1855, c. 136, $ 4, 10 Stat. 627. Act July 15, 1870, c. 295, $ 14, 16 Stat. 334. Constitution of summary courts-martial. Art. 27. A summary court-martial shall consist of three officers not below the rank of ensign, as members, and of a recorder. The commander of a ship may order any officer under his command to act as such recorder. Act March 2, 1855, c. 136, $$ 5, 6, 10 Stat. 628. Oath of members and recorder. Art. 28. Before proceeding to trial the members of a summary court-martial shall take the following oath or affirmation, which shall be administered by the recorder: “I, A B, do swear (or affirm) that I will well and truly try, without prejudice or partiality, the case now depending, according to the evidence which shall be adduced, the 1114 (Sec. 1624 Tit. 15— THE NAVY—Ch. 10. laws for the government of the Navy, and my own conscience.” After which the recorder of the court shall take the following oath or affirmation, which shall be administered by the senior member of the court: “I, A B, do swear (or affirm) that I will keep a true record of the evidence which shall be given before this court and of the proceedings thereof." Act March 2, 1855, c. 136, § 5, 10 Stat. 628. Testimony. Art. 29. All testimony before a summary court-martial shall be given orally, upon oath or affirmation, administered by the senior member of the court. Act March 2, 1855, c. 136, § 7, 10 Stat. 628. Punishments by summary courts. Art. 30. Summary courts-martial may sentence petty officers and persons of inferior ratings to any one of the following punishments, namely: Act March 2, 1855, c. 136, & 7, 10 Stat. 628. Bad conduct discharge.] First. Discharge from the service with bad conduct discharge; but the sentence shall not be carried into effect in a foreign country. [Solitary confinement in irons, on bread and water.] Second. Solitary confinement, not exceeding thirty days, in irons, single or double, on bread and water, or on diminished rations. Solitary confinement in irons.] Third. Solitary confinement in irons, single or double, not exceed- ing thirty days. (Solitary confinement.] Fourth. Solitary confinement not exceeding thirty days. [Confinement.] Fifth. Confinement not exceeding two months. [Reduction in rating. ] Sixth. Reduction to next inferior rating. [Deprivation of shore liberty.] Seventh. Deprivation of liberty on shore on foreign station. [Extra police duties and loss of pay.] Eighth. Extra police duties, and loss of pay, not to exceed three months, may be added to any of the above-mentioned punishments. Disrating for incompetency. Art. 31. A summary court-martial may disrate any rated person for incompetency. Act July 17, 1862, c. 204, § 1, art. 10, 12 Stat. 603. Execution of sentence of summary court. Art. 32. No sentence of a summary court-martial shall be carried into execution until the proceedings and sentence have been ap- Sec. 1624) 1115 Tit. 15— THE NAVY-Ch. 10. proved by the officer ordering the court and by the commander- in-chief, or, in his absence, by the senior officer present. And no sentence of such court which involves loss of pay shall be carried into execution until the proceedings and sentence have been ap- proved by the Secretary of the Navy. Act March 2, 1855, c. 136, § 8, 10 Stat. 628. Act March 2, 1867, c. 174, § 5, 14 Stat. 516. Remission of sentence. Art. 33. The officer ordering a summary court-martial shall have power to remit, in part or altogether, but not to commute, the sen- tence of the court. And it shall be his duty either to remit any part or the whole of any sentence, the execution of which would, in the opinion of the surgeon or senior medical officer on board, given in writing, produce serious injury to the health of the person sentenced, or to submit the case again, without delay, to the same or to another summary court-martial, which shall have power, upon the testimony already taken, to remit the former punishment and to assign some other of the authorized punishments in the place thereof. Act March 2, 1855, c. 136, § 8, 10 Stat. 628. Manner of conducting proceedings. Art. 34. The proceedings of summary courts-martial shall be con- ducted with as much conciseness and precision as may be consistent with the ends of justice, and under such forms and rules as may be prescribed by the Secretary of the Navy, with the approval of the President; and all such proceedings shall be transmitted, in the us- ual mode, to the Navy Department. Act March 2, 1855, c. 136, $ 9, 10 Stat. 628. Same punishments by general courts-martial. Art. 35. Any punishment which a summary court-martial is au- thorized to inflict may be inflicted by a general court-martial. Act March 2, 1855, c. 136, § 10, 10 Stat. 628. Dismissal of officers. · Art. 36. No officer shall be dismissed from the naval service ex- cept by the order of the President or by sentence of a general court- martial; and in time of peace no officer shall be dismissed except in pursuance of the sentence of a general court-martial or in mitigation thereof. Act July 13, 1866, c. 176, § 5, 14 Stat. 92. Officer dismissed by the President may demand trial. Art. 37. When any officer, dismissed by order of the President since 3d March, 1865, makes, in writing, an application for trial, set- ting forth, under oath that he has been wrongfully dismissed, the President shall, as soon as the necessities of the service may permit, convene a court-martial to try such officer on the charges on which he shall have been dismissed. And if such court-martial shall not be convened within six months from the presentation of such appli- cation for trial, or if such court, being convened, shall not award 1116 (Sec. 1624 Tit. 15— THE NAVY-Ch. 10. dismissal or death as the punishment of such officer, the order of dis- missal by the President shall be void. Act March 3, 1865, c. 79, § 12, 13 Stat. 489. General courts-martial, by whom convened. Art. 38. General courts-martial may be convened by the President, the Secretary of the Navy, or the commander-in-chief of a fleet or squadron; but no commander of a fleet or squadron in the waters of the United States shall convene such court without express author- ity from the President. Act July 17, 1862, c. 204, § 1, art. 11, 12 Stat. 603. Constitution of. Art. 39. A general court-martial shall consist of not more than thirteen nor less than five commissioned officers as members; and as many officers, not exceeding thirteen, as can be convened without injury to the service, shall be summoned on every such court. But in no case, where it can be avoided without injury to the service, shall more than one-half, exclusive of the president, be junior to the offi- cer to be tried. The senior officer shall always preside and the oth- ers shall take place according to their rank. Act July 17, 1862, c. 204, § 1, art. 11, 12 Stat. 603. Oaths of members and judge-advocate. Art. 40. The president of the general court-martial shall adminis- ter the following oath or affirmation to the judge-advocate or person officiating as such: “I, A B, do swear (or affirm) that I will keep a true record of the evidence given to and the proceedings of this court; that I will not divulge or by any means disclose the sentence of the court until it shall have been approved by the proper authority; and that I will not at any time divulge or disclose the vote or opinion of any par- ticular member of the court, unless required so to do before a court of justice in due course of law.” This oath or affirmation being duly administered, each member of the court, before proceeding to trial, shall take the following oath or affirmation, which shall be administered by the judge-advocate or person officiating as such: "I, A B, do swear (or affirm) that I will truly try without prejudice or partiality, the case now depending, according to the evidence which shall come before the court, the rules for the government of the Navy, and my own conscience; that I will not by any means divulge or disclose the sentence of the court until it shall have been approved by the proper authority; and that I will not at any time divulge or disclose the vote or opinion of any particular member of the court, unless required so to do before a court of justice in due course of law.' Act July 17, 1862, c. 204, § 1, art. 12, 12 Stat. 604. Oath of witness. Art. 41. An oath or affirmation in the following form, shall be ad- ministered to all witnesses, before any court-martial, by the president thereof: Sec. 1624) 1117 Tit. 15— THE NAVY-Ch. 10. "You do solemnly swear (or affirm) that the evidence you shall give in the case now before this court shall be the truth, the whole truth, and nothing but the truth, and that you will state everything within your knowledge in relation to the charges. So help you God; (or 'this you do under the pains and penalties of perjury.')" Act July 17, 1862, c. 204, § 1, art. 14, 12 Stat. 604. Contempts of court. Art. 42. Whenever any person refuses to give his evidence or to give it in the manner provided by these articles, or prevaricates, or behaves with contempt to the court, it shall be lawful for the court to imprison him for any time not exceeding two months. Act July 17, 1862, c. 204, § 1, art. 13, 12 Stat. 604. Charges. Art. 43. The person accused shall be furnished with a true copy of the charges, with the specifications, at the time he is put under arrest; and no other charges than those so furnished shall be urged against him at the trial, unless it shall appear to the court that in- telligence of such other charge had not reached the officer ordering the court when the accused was put under arrest, or that some wit- ness material to the support of such charge was at that time absent and can be produced at the trial; in which case reasonable time shall be given to the accused to make his defense against such new charge. Act July 17, 1862, c. 204, § 1, art. 15, 12 Stat. 604. Duty of officer arrested. Art. 44. Every officer who is arrested for trial shall deliver up his sword to his commanding officer and confine himself to the limits assigned him, on pain of dismissal from the service. Act July 17, 1862, c. 204, § 1, art. 15, 12 Stat. 604. Suspension of proceedings. Art. 45. When the proceedings of any general court-martial have commenced, they shall not be suspended or delayed on account of the absence of any of the members, provided five or more are assem- bled; but the court is enjoined to sit from day to day, Sundays ex- cepted, until sentence is given, unless temporarily adjourned by the authority which convened it. Act July 17, 1862, c. 204, § 1, art. 16, 12 Stat. 604. Absence of members. Art. 46. No member of a general court-martial shall, after the pro- ceedings are begun, absent himself therefrom, except in case of sick- ness, or of an order to go on duty from a superior officer, on pain of being cashiered. Act July 17, 1862, c. 204, § 1, art. 16, 12 Stat. 604. Witnesses examined in absence of a member. Art. 47. Whenever any member of a court-martial, from any legal cause, is absent from the court after the commencement of a case, all the witnesses who have been examined during his absence must, when he is ready to resume his seat, be recalled by the court, and the 1118 (Sec. 1624 Tit. 15— THE NAVY—Ch. 10. recorded testimony of each witness so examined must be read over to him, and such witness must acknowledge the same to be cor- rect and be subject to such further examination as the said mem- ber may require. Without a compliance with this rule, and an en- try thereof upon the record, a member who shall have been absent during the examination of a witness shall not be allowed to sit again in that particular case. Act July 17, 1862, c. 204, § 1, art. 17, 12 Stat. 605. Suspension of pay. Art. 48. Whenever a court-martial sentences an officer to be sus- pended, it may suspend his pay and emoluments for the whole or any part of the time of his suspension. Act July 17, 1862, c. 204, § 1, art. 18, 12 Stat. 605. Flogging, branding, etc. Art. 49. In no case shall punishment by flogging, or by branding, marking, or tattooing on the body be adjudged by any court-martial or be inflicted upon any person in the Navy. Act July 17, 1862, c. 204, § 1, art. 8, 12 Stat. 603. Act June 6, 1872, c. 316, § 2, 17 Stat. 261. Sentences, how determined. Art. 50. No person shall be sentenced by a court-martial to suffer death, except by the concurrence of two-thirds of the members pres- ent, and in the cases where such punishment is expressly provided in these articles. All other sentences may be determined by a majority of votes. Act July 17, 1862, c. 204, § 1, art. 19, 12 Stat. 605. Adequate punishment; recommendation to mercy. Art. 51. It shall be the duty of a court-martial, in all cases of con- viction, to adjudge a punishment adequate to the nature of the of- fense; but the members thereof may recommend the person convict- ed as deserving of clemency, and state, on the record, their reasons for so doing Act July 17, 1862, c. 204, § 1, art. 21, 12 Stat. 605. Authentication of judgment. Art. 52. The judgment of every court-martial shall be authenticat- ed by the signature of the president, and of every member who may be present when said judgment is pronounced, and also of the judge- advocate. Act July 17, 1862, c. 204, § 1, art. 22, 12 Stat. 605. Confirmation of sentence. Art. 53. No sentence of a court-martial, extending to the loss of life, or to the dismissal of a commissioned or warrant officer, shall be carried into execution until confirmed by the President. All oth- er sentences of a general court-martial may be carried into execution on confirmation of the commander of the fleet or officer ordering the court. Act July 17, 1862, c. 204, $ 1, art. 19, 12 Stat. 605. Sec. 1624) 1119 Tit. 15—THE NAVY—Ch. 10. Remission and mitigation of sentence. Art. 54. Every officer who is authorized to convene a general court-martial shall have power, on revision of its proceedings, to re- mit or mitigate, but not to commute, the sentence of any such court which he is authorized to approve and confirm. Act July 17, 1862, c. 204, § 1, art. 20, 12 Stat. 605. Courts of inquiry, by whom ordered. Art. 55. Courts of inquiry may be ordered by the President, the Secretary of the Navy, or the commander of a fleet or squadron. Act July 17, 1862, c. 204, § 1, art. 23, 12 Stat. 605. Constitution of. Art. 56. A court of inquiry shall consist of not more than three commissioned officers as members, and of a judge-advocate, or per- son officiating as such. Act July 17, 1862, c. 204, § 1, art. 23, 12 Stat. 605. a Powers of. Art. 57. Courts of inquiry shall have power to summon witnesses, administer oaths, and punish contempts, in the same manner as courts-martial; but they shall only state facts, and shall not give their opinion, unless expressly required so to do in the order for con- vening Act July 17, 1862, c. 204, § 1, art. 23, 12 Stat. 605. Oath of members and judge-advocate. Art. 58. The judge-advocate, or person officiating as such, shall administer to the members the following oath or affirmation : "You do swear (or affirm) well and truly to examine and inquire, according to the evidence, into the matter now before you, without partiality. After which the president shall administer to the judge-advocate, or person officiating as such, the following oath or affirmation: “You do swear (or affim) truly to record the proceedings of this court and the evidence to be given in the case in hearing.' Act July 17, 1862, c. 204, § 1, art. 25, 12 Stat. 605. Rights of party inquired of. Art. 59. The party whose conduct shall be the subject of inquiry, or his attorney, shall have the right to cross-examine all the witnesses. Act July 17, 1862, c. 204, § 1, art. 23, 12 Stat. 605. Proceedings, how authenticated and used as evidence. Art. 6o. The proceedings of courts of inquiry shall be authenticated by the signature of the president of the court and of the judge-advo- cate, and shall, in all cases not capital, nor extending to the dismissal of a commissioned or warrant officer, be evidence before a court- martial, provided oral testimony cannot be obtained. Act July 17, 1862, c. 204, § 1, art. 24, 12 Stat. 605. Limitation of trials for offenses in general. Art. 61. No person shall be tried by court-martial or otherwise punished for any offense, except as provided in the following article, 1120 NavyTit. 15— THE NAVYCh. 10. (Sec. 1624 -— which appears to have been committed more than two years before the issuing of the order for such trial or punishment, unless by rea- son of having absented himself, or of some other manifest impedi- ment he shall not have been amenable to justice within that period. This article was added by amendment to the articles for the govern- ment of the Navy by Act Feb. 25, 1895, c. 128, 28 Stat. 680. Limitation of trials for desertion in time of peace. Art. 62. No person shall be tried by court-martial or otherwise punished for desertion in time of peace committed more than two years before the issuing of the order for such trial or punishment, unless he shall meanwhile have absented himself from the United States, or by reason of some other manifest impediment shall not have been amenable to justice within that period, in which case the time of his absence shall be excluded in computing the period of the limitation: Provided, That said limitation shall not begin until the end of the term for which said person was enlisted in the service. This article was added by amendment to the articles for the govern- ment of the Navy by Act Feb. 25, 1895, c. 128, 28 Stat. 680. Punishment for offenses in time of peace, discretion of court-martial. Art. 63. Whenever, by any of the Articles for the Government of the Navy of the United States, the punishment on conviction of an offense is left to the discretion of the court-martial, the punishment therefor shall not, in time of peace, be in excess of a limit which the President may prescribe. This article was added by amendment to the articles for the govern- ment of the Navy by Act Feb. 27, 1895, c. 137, 28 Stat. 689. The judges-advocate of naval general courts-martial and courts of in- quiry, all commanders in chief of naval squadrons, commandants of navy yards and stations, officers commanding vessels of the Navy, recruiting officers of the Navy, the adjutant and inspector, assistant adjutant and inspector, commanding officers and recruiting officers of the marine corps, are authorized to administer oaths for the purposes of the administration of naval justice, and for other purposes of naval administration, by Act Jan. 25, 1895, c. 45, 28 Stat. 639, as amended by Act March 3, 1901, c. 834, 31 Stat. 1086, set forth ante, following Rev. St. & 1433. Courts-martial for the trial of naval cadets are provided for by provi- sions of Act March 2, 1895, c. 186, ante, following Rev. St. § 1519. TITLE XVI. THE MILITIA. Sec. 1625. Who to be enrolled in the militia. 1626. Enrollment, by whom. 1627. Notice of enrollment. 1628. Arms and accouterments. 1629. Persons exempt. 1630. Arrangement into divisions, bri- gades, etc. 1631. Militia, how officered. 1632. Artillery and cavalry. 1633. Regimental colors. 1634. Adjutant-general in each State, his duty. 1635. Returns. 1636. Returns to the President. 1637. Discipline. 1638. Officers, how to take rank. 1639. Care of the wounded. 1640. Brigade-inspector's duty. 1641. Privileges of certain corps. 1642. Orders of President in case of in- vasion. 1643. Militia, how apportioned. 1644. Subject to rules of war. 1645–1647. [Superseded.] 1648. When called forth, term of service to be specified. 1649. Disobedience of orders, penalty. 1650. Pay, rations, etc. 1651. When pay to commence. 1652. Traveling allowance. 1653. Forage and use of horses. 1654. Expenses of march to rendezvous. 1655. Addition to ration. Sec. 1656. Provision for widows, etc., of those who die in service. 1657. Volunteers, etc., to suppress In- dian depredations in Florida, benefits to. 1658. Courts-martial, how composed. 1659. Fines assessed, how to be levied. 1660. To be paid into the Treasury of the United States. 1661. Appropriation for arms and equip- ments. Act May 19, 1882, c. 172, $ 2. Guns and mortars for militia in cer- tain States. Act Feb. 12, 1887, c. 129. 1. [Amends Rev. St. § 1661.] 2. Apportionment of appropriation among states and territories. 3. Purchase of arms, etc. 4. Sale of unserviceable arms. Act March 2, 1889, c. 372. Cost of ordnance issued to be credit- ed to appropriation. Act Aug. 18, 1894, c. 301, $ 1. Appropriation not to lapse. Act Feb. 24, 1897, c. 310. 1. Springfield rifles to be issued; old arms in return. 2. Annual returns of arms issued. 3. Sale of stores and supplies to States and Territories. Act March 15, 1898, c. 69. Cost of stores and supplies sold to be credited to appropriation. Sec. 1625. Who to be enrolled in the militia. Every able-bodied male citizen of the respective States, resident therein, who is of the age of eighteen years, and under the age of forty-five years, shall be enrolled in the militia. . Act May 8, 1792, c. 33, § 1, 1 Stat. 271. Act July 17, 1862, c. 201, § 1, 12 Stat. 597. Act March 2, 1867, c. 145, $ 6, 14 Stat. 423. LAWS '01-71 (1121) 1122 (Secs. 1626-1629 Tit. 16—THE MILITIA. Sec. 1626. Enrollment, by whom. It shall be the duty of every captain or commanding officer of a company to enroll every such citizen residing within the bounds of his company, and all those who may, from to time, arrive at the age of eighteen years, or who, being of the age of eighteen years and under the age of forty-five years, come to reside within his bounds. Act May 8, 1792, c. 33, § 1, 1 Stat. 271. Sec. 1627. Notice of enrollment. Each captain or commanding officer shall, without delay, notify every such citizen of his enrollment, by a proper non-commissioned officer of his company, who may prove the notice. And any notice or warning to a citizen enrolled, to attend a company, battalion, or regimental muster, which is according to the laws of the State in which it is given for that purpose, shall be deemed a legal notice of his enrollment. Act May 8, 1792, c. 33, § 1, 1 Stat. 271. Act March 2, 1803, c. 15, $ 2, 2 Stat. 207. Sec. 1628. Arms and accouterments. Every citizen shall, after notice of his enrollment, be constantly provided with a good musket or firelock of a bore sufficient for balls of the eighteenth part of a pound, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch with a box therein to con- tain not less than twenty-four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch and powder-horn, twenty balls suited to the bore of his rifle, and a quar- ter of a pound of powder; and shall appear, so armed, accoutered, and provided when called out to exercise, or into service, except that when called out on company days to exercise only, he may appear without a knapsack. And all arms, ammunition, and accouterments so provided and required shall be held exempted from all suits, dis- tresses, executions, or sales, for debt or for the payment of taxes. Each commissioned officer shall be armed with a sword or hanger and spontoon. Act May 8, 1792, c. 33, § 1, 1 Stat. 271. Act March 2, 1803, c. 14, § 2, 2 Stat. 207. Sec. 1629. Persons exempt. The Vice-President of the United States; the officers judicial and executive of the Government of the United States; the members of both Houses of Congress, and their respective officers; all custom- house officers with their clerks; all postmasters and persons em- ployed in the transportation of the mail; all ferrymen employed at Secs. 1630–1632) 1123 Tit. 16—THE MILITIA. any ferry on post-roads; all inspectors of exports; all artificers and workmen employed in the armories and arsenals of the United States; all pilots; all mariners actually employed in the sea-service of any citizen or merchant within the United States; and all persons who now are or may hereafter be exempted by the laws of the respective States, shall be exempted from militia duty, notwithstanding their being above the age of eighteen, and under the age of forty-five years. . Act May 8, 1792, c. 33, § 2, 1 Stat. 272. Act May 7, 1800, c. 46, S 4, 2 Stat. 62. Act April 30, 1810, c. 37, $ 33, 2 Stat. 603. Sec. 1630. Arrangement into divisions, brigades, etc. The militia of each State shall be arranged into divisions, brigades, regiments, battalions, and companies, as the legislature of the State may direct. Each brigade may consist of four regiments; each regiment of two battalions; each battalion of five companies; each company of sixty-four privates. Each division, brigade, and regi- ment shall be numbered at the formation thereof; and a record of such numbers shall be made in the adjutant-general's office of the State. When in the field, or in service in the State, each division, brigade, and regiment shall respectively take rank according to its number, reckoning the first or lowest number highest in rank. Act May 8, 1792, c. 33, $ 3, 1 Stat. 272. Sec. 1631. Militia, how officered. The militia shall be officered by the respective States as follows: To the militia of each State, one quartermaster-general; to each division, one major-general, two aids-de-camp with the rank of ma- jor, one division-inspector with the rank of lieutenant-colonel, and one division-quartermaster with the rank of major; to each brigade, one brigadier-general, one brigade-inspector, to serve also as brigade- major with the rank of major, one quartermaster of brigade with the rank of captain, and one aid-de-camp with the rank of captain; to each regiment of two battalions, one colonel, one lieutenant-colonel, one major, and one chaplain; to only one battalion, a major, who shall command the same; to each company, one captain, one lieu- tenant, one ensign, four sergeants, four corporals, one drummer, and one fifer or bugler. And there shall be a regimental staff, to consist of one adjutant and one quartermaster, to rank as lieutenants, one paymaster, one surgeon, one surgeon's mate, one sergeant-major, one drum-major, and one fife-major. Act May 8, 1792, c. 33, § 3, 1 Stat. 272. Act March 2, 1803, c. 15, $ 3, 2 Stat. 207. Act April 18, 1814, c. 80, 3 Stat. 134. Act April 20, 1816, c. 64, 3 Stat. 295. Sec. 1632. Artillery and cavalry. There shall be formed for each battalion at least one company of 1124 (Secs. 1633-1634 Tit. 16—THE MILITIA. grenadiers, light infantry, or riflemen, and for each division at least one company of artillery and one troop of horse. For each company of artillery there shall be one captain, two lieutenants, four sergeants, four corporals, six gunners, six bombardiers, one drummer, and one fifer. The officers shall be armed with a sword or hanger, a fusee, bayonet, and belt, with a cartridge box to contain twelve cartridges; and each private shall furnish himself with all the equip- ments of a private in the infantry, until proper ordnance and field artillery is provided. For each troop of horse there shall be one cap- tain, two lieutenants, one cornet, four sergeants, four corporals, one saddler, one farrier, and one trumpeter. The commissioned of- ficers shall furnish themselves with good horses of at least fourteen hands and a half high, and shall be armed with a sword and pair of pistols, the holsters to be covered with bearskin caps. Each Aragoon shall furnish himself with a serviceable horse, at least four- teen hands and a half high, a good saddle, bridle, mail-pillion, and valise, holsters, and a breast-plate and crupper, a pair of boots and spurs, a pair of pistols, a sabre, and a cartridge-box, to contain twelve cartridges for pistols. Each company of artillery and troop of horse shall be formed of volunteers from the brigade, at the discretion of the commander-in-chief of the State, not exceeding one company of each to a regiment, nor more in number than one-eleventh part of the infantry, and shall be uniformly clothed in regimentals, to be furnished at their own expense; the color and fashion to be deter- mined by the brigadier commanding the brigade to which they be- long: Act May 8, 1792, c. 33, § 4, 1 Stat. 272. Act March 2, 1803, c. 15, $ 2, 2 Stat. 207. Sec. 1633. Regimental colors. Each battalion and regiment shall be provided with the State and regimental colors by the field-officers, and each company with a drum and fife, or bugle-horn, by the commissioned officers of the company, in such manner as the legislature of the respective States may direct. Act May 8, 1792, c. 33, § 5, 1 Stat. 273. Sec. 1634. Adjutant-general in each State, his duty. There shall be appointed in each State an adjutant-general, whose duty it shall be to distribute all orders from the commander-in- chief of the State to the several corps; to attend all musters when the commander-in-chief of the State reviews the militia, or any part thereof; to obey all orders from him relative to carrying into ex- ecution and perfecting the system of military discipline established by law; to furnish blank forms of returns that may be required, and to explain the principles on which they should be made; to receive from the several officers of the different corps throughout the State returns of th, militia, under their command; and to make Secs. 1635–1639) 1125 Tit. 16—THE MILITIA. proper abstracts from such returns, and lay the same annually be- fore the commander-in-chief of the State. Act May 8, 1792, c. 33, § 6, 1 Stat. 273. Sec. 1635. Returns. The several officers of the divisions, brigades, regiments, and battalions, shall report, in their returns of the corps under their command, the actual condition of their arms, accouterments, and ammunition, their delinquencies, and every other particular relat- ing to the general advancement of good order and discipline, and shall make the same in the usual manner. Act May 8, 1792, c. 33, 8 6,1 Stat. 273. Sec. 1636. Returns to the President. It shall be the duty of the adjutant-general in each State to make return of the militia of the State, with their arms, accouterments, and ammunition, agreeably to the provisions of law, to the President of the United States, annually, on or before the first Monday in January; and it shall be the duty of the Secretary of War, from time to time, to give such directions to the adjutant-generals of the militia as may, in his opinion, be necessary to produce a uniformity in such returns. Act March 2, 1803, c. 15, § 1, 2 Stat. 207. Sec. 1637. Discipline. The system of discipline and field exercise which is ordered to be observed in the different corps of infantry, artillery, and riflemen of the Regular Army, shall also be observed in such corps, respec- tively, of the militia. Act May 12, 1820, c. 97, § 1, 3 Stat. 577. Sec. 1638. Officers, how to take rank. All commissioned officers shall take rank according to the date of their commissions; and when two of the same grade bear an equal date, their rank shall be determined by lot to be drawn by them before the commanding officer of the brigade, regiment, battalion, company, or detachment. Act May 8, 1792, c. 33, § 8, 1 Stat. 273. Sec. 1639. Care of the wounded. If any person, whether officer or soldier, belonging to the militia of any State, and called out into the service of the United States, 1126 (Secs. 1640–1643 Tit. 16— THE MILITIA. be wounded or disabled while in actual service, he shall be taken care of and provided for at the public expense. Act May 8, 1792, c. 33, § 9, 1 Stat. 273. Sec. 1640. Brigade-inspector's duty. It shall be the duty of the brigade-inspector to attend the regimen- tal and battalion meetings of the militia composing the several bri- gades, during the time when they are under arms, to inspect their arms, ammunition, and accouterments; to superintend their exercise and maneuvers, and introduce throughout the brigade the system of military discipline prescribed by law, and such orders as they receive from the commander-in-chief of the State; and to make returns to the adjutant-general of the State, at least once in every year, of the militia of the brigade to which he belongs, reporting therein the actual condition of the arms, accouterments, and ammunition of the several corps, and every other particular which, in his judgment, may relate to their government and the general advancement of good order and military discipline. Act May 8, 1792, c. 33, § 10, 1 Stat. 273. Sec. 1641. Privileges of certain corps. All corps of artillery, cavalry, and infantry, now existing in any State, which, by any law, custom, or usage thereof, have not been in- corporated with the militia, or are not governed by the general regu- lations thereof, shall be allowed to retain their accustomed privileges, subject, nevertheless, to all other duties required by law in like man- ner as the other militia. Act May 8, 1792, c. 33, § 11, 1 Stat. 274. Sec. 1642. Orders of President in case of invasion. Whenever the United States are invaded, or are in imminent dan- ger of invasion from any foreign nation or Indian tribe, or of rebel- lion against the authority of the Government of the United States, it shall be lawful for the President to call forth such number of the militia of the State or States, most convenient to the place of danger, or scene of action, as he may deem necessary to repel such invason, or to suppress such rebellion, and to issue his orders for that pur- pose to such officers of the militia as he may Act Feb. 28, 1795, c. 36, § 1, 1 Stat. 424. think proper. Sec. 1643. Militia, how apportioned. When the militia of more than one State is called into the actual Secs. 1644-1649) 1127 Tit. 16—THE MILITIA. service of the United States by the President, he shall apportion them among such States according to representative population. Act July 17, 1862, c. 201, § 1, 12 Stat. 597. Sec. 1644. Subject to rules of war. The militia, when called into the actual service of the United States for the suppression of rebellion against and resistance to the laws of the United States, shall be subject to the same rules and articles of war as the regular troops of the United States. Act Feb. 28, 1795, c. 36, § 4, 1 Stat. 424. Act July 29, 1861, c. 25, $ 3, 12 Stat. 282. A subsequent provision, that the militia of the States, when called into the service of the United States, shall be subject to the laws, orders, and regulations governing the Regular Army, is contained in Act April 22, 1898, c. 187, § 6, ante, following Rev. St. $ 1242, subchapter "Organiza- tion of Volunteer Army." Secs. 1645-1647. [Superseded. Act April 22, 1898, c. 187, $$ 6, 8, 9.] These sections prescribed the organization of the militia when called into actual service. They are superseded by the different provisions re- lating to the subject of Act April 22, 1898, c. 187, SS 6, 8, 9, ante, follow- ing Rev. St. § 1242, subchapter "Organization of Volunteer Army." Sec. 1648. When called forth, term of service to be specified. Whenever the President calls forth the militia of the States, to be employed in the service of the United States, he may specify in his call the period for which such service will be required, not exceeding nine months, and the militia so called shall be mustered in and contin- ued to serve during the term so specified, unless sooner discharged by command of the President. Act July 17, 1862, c. 201, § 1, 12 Stat. 597. Provisions for the enlistment of the members of a company, troop, bat- tery, battalion, or regiment, of the organized militia of a State, in the Volunteer Army, in a body, are contained in Act April 22, 1898, c. 187, § 6, ante, following Rev. St. 8 1242, subchapter "Organization of Vol- unteer Army." Sec. 1649. Disobedience of orders, penalty. Every officer, non-commissioned officer, or private of the militia, who fails to obey the orders of the President when he calls out the militia into the actual service of the United States, shall forfeit of his pay a sum not exceeding one year's pay, and not less than one month's pay, to be determined and adjudged by a court-martial; and such officer shall be liable to be cashiered by a sentence of court- martial, and be incapacitated from holding a commission in the militia for a term not exceeding twelve months; and such non-commissioned 1128 (Secs. 1650–1653 Tit. 16— THE MILITIA. officer and private shall be liable to imprisonment, by a like sentence, on failure to pay the fines adjudged against him, for one calendar month for every twenty-five dollars of such fine. Act Feb. 28, 1795, c. 36, § 5, 1 Stat. 424. Act July 29, 1861, c. 25, $ 4, 12 Stat. 282. Sec. 1650. Pay, rations, etc. The militia when called into the actual service of the United States, shall, during their time of service, be entitled to the same pay, rations, clothing, and camp equipage as may be provided by law for the Army of the United States. Act March 19, 1836, c. 44, § 1, 5 Stat. 7. Act July 29, 1861, c. 25, § 3, 12 Stat. 282. Sec. 1651. When pay to commence. Whenever the militia is called into the actual service of the United States, their pay shall be deemed to commence from the day of their appearing at the place of battalion, regimental, or brigade rendezvous. Act Jan, 2, 1795, c. 9, § 3, 1 Stat. 408. Sec. 1652. Traveling allowance. The officers, non-commissioned officers, musicians, artificers, and privates shall be entitled to one day's pay, subsistence, and allowances for every twenty miles' travel from their places of residence to the place of general rendezvous, and from the place of discharge back to their residence. Act March 19, 1836, c. 44, § 3, 5 Stat. 7. Sec. 1653. Forage and use of horses. The officers of all mounted companies in the militia called into the service of the United States shall each be entitled to receive forage, or money in lieu thereof, for two horses when they actually keep pri- vate servants, and for one horse when without private servants, and forty cents per day shall be allowed for the use and risk of each horse, except horses killed in battle or dying of wounds received in battle. Each non-commissioned officer, musician, artificer, and private of such mounted companies shall be entitled to receive forage in kind for one horse, with forty cents per day for the use and risk thereof, ex- cept horses killed in battle, or dying of wounds received in battle, and twenty-five cents per day in lieu of forage and subsistence, when the same is furnished by himself, or twelve and a half cents per day for either, as the case may be. Act Jan. 2, 1795, c. 9, § 2, 1 Stat. 408. Act March 19, 1836, c. 44, 8 2, 5 Stat. 7. Secs. 1654-1657) 1129 Tit. 16—THE MILITIA. Sec. 1654. Expenses of march to rendezvous. The expenses incurred by marching the militia of any State or Ter- ritory to their places of rendezvous, in pursuance of a requisition of the President, or of a call made by the authority of any State or Territory and approved by him, shall be adjusted and paid in like manner as the expenses incurred after their arrival at such places of rendezvous, on the requisition of the President; but this provision does not authorize any species of expenditure, previous to arriving at the place of rendezvous, which is not provided by existing laws to be paid for after their arrival at such place of rendezvous. Act Feb. 28, 1795, c. 36, 1 Stat. 424. Act April 20, 1818, c. 84, 3 Stat. 444. Sec. 1655. Addition to ration. When the militia in the military service of the United States are employed on the western frontiers, there shall be allowed two ounces of flour or bread, and two ounces of beef or pork, in addition to each of their rations, and half a pint of salt, in addition to every hun- dred of their rations. Act Jan. 2, 1795, c. 9, § 6, 1 Stat. 409. The President is authorized to prescribe the kinds and quantities of the component articles of the Army ration, by Act Feb. 2, 1901, c. 1928 40, ante, following Rev. St. § 1034. Sec. 1656. Provision for widows, etc., of those who die in service. When any officer, non-commissioned officer, artificer, or private of the militia or volunteer corps dies in the service of the United States, or in returning to his place of residence after being mus- tered out of service, or at any time in consequence of wounds re- ceived in service, and leaves a widow, or if no widow, a child or chil- dren under sixteen years of age, such widow, or if no widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased was entitled, at the time of his death, during the term of five years; and in case of the death or intermarriage of such widow before the expiration of five years, the half-pay for the remainder of the time shall go to the child or children of the decedent. And the Secretary of the Interior shall adopt such forms of evidence, in applications under this section as the President may prescribe. Act March 19, 1836, c. 44, § 5, 5 Stat. 7. Sec. 1657. Volunteers, etc., to suppress Indian depredations in Florida; benefits to. The volunteers or militia, who have been received into the service of the United States, to suppress Indian depredations in Florida, 1130 (Secs. 1657-1660 Tit. 16- THE MILITIA. . shall be entitled to all the benefits which are conferred on persons wounded or otherwise disabled in the service of the United States. Act March 19, 1836, c. 44, § 4, 5 Stat. 7. Provisions granting pensions to soldiers of Indian wars and their wid- ows are contained in Act July 27, 1892, c. 277, post, under Rev. St. $ 4740. Sec. 1658. Courts-martial, how composed. Courts-martial for the trial of militia shall be composed of militia officers only. Act Feb. 28, 1795, c. 36, $ 6, 1 Stat. 424. Act July 29, 1861, c. 25, $ 5, 12 Stat. 282. Sec. 1659. Fines assesser, how to be levied. All fines assessed under the provisions of law concerning the militia or volunteer corps, when called into the actual service of the United States, shall be certified by the presiding officer of the court- martial, before whom they are assessed, to the marshal of the district in which the delinquent resides, or to one of his deputies, and to the Comptroller of the Treasury, who shall record the certificate in a book to be kept for that purpose. The marshal or his deputy shall forthwith proceed to levy the fines with costs, by distress and sale of the goods and chattels of the delinquent, which costs and the manner of proceeding, with respect to the sale of the goods dis- trained, shall be agreeable to the laws of the State in which the same nay be in other cases of distress. And where any non-commissioned officer or private is adjudged to suffer imprisonment, there being no goods or chattels to be found whereof to levy the fines, the mar- shal of the district or his deputy shall commit such delinquent to jail, during the term for which he is so adjudged to imprisonment, or until the fine is paid, in the same manner as other persons con- demned to fine and imprisonment at the suit of the United States may be committed. Act Feb. 28, 1795, c. 36, § 7, 1 Stat. 424. Act Feb. 2, 1813, c. 18, $ 1, 2 Stat. 797. Act July 29, 1861, c. 25, $ 6, 12 Stat. 282. Sec. 1660. To be paid into the Treasury of the United States. The marshal shall pay all fines collected by him or his deputy, under the authority of the preceding section, into the Treasury of the United States, within two months after he has received the same, deducting five per centum for his compensation; and in case of failure, it shall be the duty of the Comptroller of the Treasury to give notice to the district attorney of the United States, who shall proceed against the marshal in the district court, by attachment, for the recovery of the same. Act Feb. 28, 1795, c. 36, $ 8, 1 Stat. 425. Act Feb. 2, 1813, c. 18, $ 2, 2 Stat. 797. Act July 29, 1861, c. 25, $ 6, 12 Stat. 282. Sec. 1661) 1131 Tit. 16—THE MILITIA. Sec. 1661. [As amended 1887, 1900.) Appropriation for arms and equipments. That the sum of one million dollars is hereby annually appropri- ated, to be paid out of any money in the Treasury not otherwise appropriated, for the purpose of providing arms, ordnance stores, quartermaster stores, and camp equipage for issue to the militia. Act April 23, 1808, c. 55, § 1, 2 Stat. 490. Act April 29, 1816, c. 135, § 1, 3 Stat. 320. Act Feb. 12, 1887, c. 129, § 1, 24 Stat. 401. Act June 6, 1900, c. 805, 31 Stat. 662. This section, as originally enacted, provided for an annual appropria- tion of $200,000 for the purpose of providing arms and equipments for the whole body of the militia, either by purchase or manufacture, by and on account of the United States. It was amended and re-enacted by Act Feb. 12, 1887, c. 129, cited above, and further amended by Act June 6, 1900, c. 805, also cited above, to read as set forth here. Other provisions relating to arms, ordnance, and supplies for the mili- tia of the several states are contained in Act May 19, 1882, c. 172, & 2, Act Feb. 12, 1887, c. 129, Act March 2, 1889, c. 372, Act Aug. 18, 1894, c. 301, § 1, Act Feb. 24, 1897, c. 310, and Act March 15, 1898, c. 69, set forth below. The mode of distribution of arms, etc., to the several States and Ter- ritories, is provided by Rev. St. $ 1667. The issue of arms to the Territories and the States bordering thereon, for protection against Indians, is authorized by various provisions set forth post, under Rev. St. § 1667. ACT MAY 19, 1882, c. 172, § 2. Guns and mortars for militia in certain States. That the Secretary of War is hereby authorized, at his discretion, to issue, on the requisition of the governor of a State bordering on the sea or gulf coast, and having a permanent camping ground for the encampment of the militia not less than six days annually, two heavy guns and four mortars, with carriages and platforms, if such can be spared, for the proper instruction and practice of the militia in heavy artillery drill, and for this purpose a suitable battery for these cannon will be constructed; and for said construction and the transportation of said cannon, and so forth, the sum of five thousand dollars is hereby appropriated for supplying each State that may so apply. Act May 19, 1882, c. 172, $ 2, 22 Stat. 93. Section 1 of this act consists of appropriations for fortifications and other works of defense, and for the armament thereof. ACT FEB. 12, 1887, c. 129. [As amended 1900.] An act to Amend Section Sixteen Hundred and Sixty-one of the Revised Statutes, Making an Annual Appropriation to Provide Arms and Equipments for the Militia. (24 Stat. 401.) Be it enacted, &c., [Sec. i amends Rev. St. § 1661.] . . I This section amended Rev. St. $ 1661, to read as set forth above, ex- cept that, before the further amendment by Act June 6, 1900, c. 805, 31 Stat. 662, the annual appropriation was $400,000. Apportionment of appropriation among states and territories. Sec. 2. That said appropriation shall be apportioned among the 1132 (Sec. 1661 Tit. 16—THE MILITIA. several States and Territories under the direction of the Secretary of War, according to the number of Senators and Representatives to which each State respectively is entitled in the Congress of the United States, and to the Territories and District of Columbia such proportion and under such regulations as the President may pre- scribe: Provided, however, That no State shall be entitled to the , benefits of the appropriation apportioned to it unless the number of its regularly enlisted, organized, and uniformed active militia shall be at least one hundred men for each Senator and Representa- tive to which such State is entitled in the Congress of the United States. And the amount of said appropriation which is thus deter- mined not to be available shall be covered back into the Treasury. Act Feb. 12, 1887, c. 129, § 2, 24 Stat. 402. Purchase of arms, etc. Sec. 3. That the purchase or manufacture of arms, ordnance stores, quartermaster's stores, and camp equipage for the militia under the provisions of this act shall be made under the direction of the Secre- tary of War, as such arms, ordnance and quartermaster's stores and camp equipage are now manufactured or otherwise provided for the uise of the Regular Army, and they shall be receipted for and shall remain the property of the United States, and be annually accounted for by the governors of the States and Territories, for which pur- pose the Secretary of War shall prescribe and supply the necessary blanks and make such regulations as he may deem necessary to pro- tect the interest of the United States. Act Feb. 12, 1887, c. 129, § 3, 24 Stat. 402. Provisions for the distribution of arms, etc., to the militia, are con- , tained in Rev. St. § 1667. Sale of unserviceable arms. Sec. 4. That all arms, equipments, ordnance stores, or tents which may become unserviceable or unsuitable shall be examined by a board of officers of the militia, and its report shall be forwarded by the governor of the State or Territory direct to the Secretary of War, who shall direct what disposition, by sale or otherwise, shall be made of them; and, if sold, the proceeds of such sale shall be covered into the Treasury of the United States. Act Feb. 12, 1887, c. 129, 84, 24 Stat. 402. The disposition of the proceeds of the sale of old material, condemned stores, etc., generally, is regulated by Rev. St. $ 3618, and acts amend- atory thereof and subsequent thereto, post, under Title XL, “The Public Moneys." The Secretary of War was authorized and directed to issue to the Governor of the Territory of Montana the arms, ordnance stores, quar- termaster's stores, and camp equipage necessary to fully arm and equip the regularly enlisted, organized, and uniformed active militia of the Territory, by Act Jan. 16, 1889, c. 47, 25 Stat. 646. ACT MARCH 2, 1889, c. 372. Cost of ordnance issued to be credited to appropriation. * * That hereafter the cost to the Ordnance Department of all ordnance and ordnance stores issued to the States, Territories, and Sec. 1661) 1133 Tit. 16—THE MILITIA. District of Columbia, under the act of February twelfth, eighteen hundred and eighty-seven, shall be credited to the appropriation for "manufacture of arms at national armories”, and used to procure like ordnance stores, and that said appropriation shall be available until exhausted, not exceeding two years. Act March 2, 1889, c. 372, 25 Stat. 833. Act June 13, 1890, c. 423, § 1, 26 Stat. 156. This is a proviso annexed to the appropriation for the manufacture, etc., of arms in the Army appropriation act for the fiscal year ending June 30, 1890, cited above. It is repeated in the similar act for the year next following, also cited above. ACT AUG. 18, 1894, c. 301, $ 1. Appropriation not to lapse. * * Arming and equipping the militia: The permanent annual appropriation made by the Act of April twenty-third, eighteen hun- dred and eight, designated as section sixteen hundred and sixty-one of the Revised Statutes, and which was increased to four hundred thousand dollars by the Act of February twelfth, eighteen hundred and eighty-seven, being for the procurement of ordnance and ord- nance stores and quartermaster's stores and camp equipage for the use of the militia of the country, shall not lapse with the end of any fiscal year nor be turned into the surplus fund, but shall remain a permanent appropriation and be available for the several States and Territories and District of Columbia until expended as provided in said Acts, or otherwise disposed of by Congress. * * Act Aug. 18, 1894, c. 301, § 1, 28 Stat. 406. This is a provision of the sundry civil appropriation act for the fiscal year ending June 30, 1895, cited above. The permanent annual appropriation referred to, as made by Rev. St. $ 1661, increased to $400,000 by Act Feb. 12, 1887, c. 129, § 1, is increased to $1,000,000 by a further amendment, by Act June 6, 1900, c. 805, incor- porated in Rev. St. § 1661. ACT FEB. 24, 1897, c. 310. An Act Authorizing the Secretary of War to Issue Springfield Rifles to each State and Territory for the National Guard thereof, in Exchange for Other Rifles Now Held. (29 Stat. 592.) Springfield rifles to be issued; old arms in return. Be it enacted, &c., That the Secretary of War is hereby authorized to issue to the governors of the several States and Territories such number of Springfield breech-loading rifles, caliber forty-five one- hundredths of an inch, as are now required for arming all of the regu- larly organized armed and equipped militia (generally known as the National Guard) of each State and Territory that are not already sup- plied with this arm: Provided, That each State or Territory be re- quired on receipt of the new arnis to turn into the Ordnance Depart- ment, United States Army (without receiving any money credit there- for), an equal number of the arms now in its possession, except its Springfield rifles, caliber forty-five one-hundredths of an inch. Act Feb. 24, 1897, c. 310, § 1, 29 Stat. 592. 1134 (Sec. 1661 Tit. 16—THE MILITIA. Annual returns of arms issued. Sec. 2. That each State and Territory shall hereafter make an annual return to the Secretary of War of all the arms issued to them under this or any former Act of Congress as provided for in the Act of February, eighteen hundred and eighty-seven, making a perma- nent annual appropriation for arming and equipping the militia. Act Feb. 24, 1897, c. 310, § 2, 29 Stat. 592. Sale of stores and supplies to States and Territories. Sec. 3. That any State or Territory may, in addition to the stores and supplies issued under the provisions of this Act and the Act of February, eighteen hundred and eighty-seven, purchase for the use of its national guard or reserve militia, at regulation prices for cash at place of sale, such stores and supplies from any department of the Army as, in the opinion of the Secretary of War, can be spared. Act Feh. 24, 1897, c. 310, $ 3, 29 Stat. 592. The cost of stores and supplies sold under this section is to be credited to the appropriation therefor, and remain available to procure like stores and supplies, by a provision of Act March 15, 1898, c. 69, set forth below. ACT MARCH 15, 1898, c. 69. Cost of stores and supplies sold to be credited to appropriation. * * And the cost of all stores and supplies sold to any State or Territory under section three of the Act approved February twenty- fourth, eighteen hundred and ninety-seven (page five hundred and ninety-two, volume twenty-nine, Statutes at Large), shall be credited to the appropriation from which they were procured, and remain available to procure like stores and supplies for the Army in lieu of those sold as aforesaid. Act March 15, 1898, c. 69, 30 Stat. 326. This is a provision of the Army appropriation act for the fiscal year ending June 30, 1898, cited above. Act Feb. 24, 1897, c. 310, $ 3, referred to, is set forth above. The loan of vessels of the Navy to be used by the naval militia of a State is authorized by Act Aug. 3, 1894, c. 192, ante, following Rev. St. § 1536. * TITLE XVII. ARMS, ARMORIES, AND ARSENALS [AND ORDNANCE AND FOR- TIFICATIONS. Sec. Sec. 1662. Armories, officers, workmen. Act March 3, 1875, c. 133, § 1. 1663. Pay of officers, clerks, etc., at ar- Inventions by army officers; no mon- mories. ey to be expended therefor at ar- Act June 23, 1874, c. 486. mories. Salaries of clerks at Springfield Ar- Act June 20, 1878, c. 359, § 1. mory. Machine for testing iron and steel; Act Aug. 5, 1882, c. 395. private use; fees. Additional compensation of master Act March 3, 1885, c. 360, $ 1. armorer at Springfield Armory. Machine for testing iron and steel; 1664. When paid; who to give bond. private use; reports of tests; fees; 1665. Annual accounts to Congress. tests submitted by American So- 1666. Arsenals may be abolished. ciety of Civil Engineers. 1667. Distribution of arms to States, etc. [BOARD OF ORDNANCE AND FOR- TIFICATION.] Res. July 3, 1876, No. 13. Arms to be issued to Territories and Act Sept. 22, 1888, c. 1028. certain States. 1. Board of Ordnance and Forti- Res. June 7, 1878, No. 26. fication; composition; powers Additional arms to be issued to Ter- and duties. ritories. 2–5. [Temporary.] Act March 3, 1879, c. 183. 6. Investigations and tests by Board; Arms and ammunition to be furnish- limit of expenditures; guns and ed to Departments to protect pub- materials to be of American pro- lic property. duction; per diem and expenses Res. Feb. 5, 1891, No. 9. of members of Board. Ordnance and ordnance stores to be Act Feb. 24, 1891, c. 283, & 1. issued to Washington High School. Additional civilian member of Board; 1668. Enticing away workmen; pen- salary and expenses; annual re- alty. port by Board. 1669. Workmen guilty of certain mis- Act Feb. 18, 1893, c. 136, § 1. conduct. Persons who may not be members of 1670. Distribution of arms to States Board. which had not received their Act March 2, 1901, c. 803. quota from 1862 to 1869. Additional members of Board. 1671. Exemption from service as ju- [ORDNANCE MATERIALS, rors. 1672. [Superseded.] STORES, AND SUPPLIES.] 1673. No royalty to be paid by United Act June 22, 1874, c. 413. States to its officers for patent. Sale of unserviceable ordnance stores. (1135) 1136 (Secs. 1662–1663 Tit. 17— ARMS, ARMORIES, AND ARSENALS. Sec. Act March 3, 1875, c. 130, $ 1. Sale of useless ordnance materials. Act July 5, 1884, c. 235. 1. [Makes appropriations.] 2. Rified cannon to be tested. 3. Sale of smooth-bore cannon for experimental purposes. 4. [Repeals in part Act Aug. 5, 1882, c. 391, § 1.] Act July 26, 1886, c. 781, $ 1. Rifled cannon for Navy to be tested. Act May 22, 1896, c. 231. Loan or gift of condemned ordnance, Sec. guns, etc., to soldiers' monument associations, etc. Act March 1, 1901, c. 677. Maximum contract price of steel for guns and mortars. Right to use invention involved in construction of guns, etc., to be determined before constructing or testing same. Act March 2, 1901, c. 803. Appropriations not to be expended for freight charges. Sec. 1662. Armories, officers, workmen. At each arsenal there shall be established a national armory, in which there shall be employed one superintendent, who shall be an officer of the Ordnance Department, to be designated by the Pres- ident; one master-armorer, who shall be appointed by the President, and as many workmen as the Secretary of War may, from time to time, deem necessary. Act April 2, 1794, c. 14, § 2, 1 Stat. 352. Act April 23, 1808, c. 55, $ 2, 2 Stat. 490. Act Aug. 5, 1954, c. 267, § 1, 10 Stat. 578. Act Aug. 6, 1861, c. 57, § 5, 12 Stat. 318. Sec. 1663. Pay of officers, clerks, etc., at armories. The ordnance officer in charge of any national armory shall re- ceive no compensation other than his regular pay as an officer of the corps; the master-armorers shall receive fifteen hundred dollars per annum each; the inspectors and clerks, each, eight hundred dollars ; per annum, except the clerks of the armory at Springfield, Massa- chusetts, who may receive, at the discretion of the Secretary of War, twelve hundred dollars per annum. Act Aug. 23, 1842, c. 186, § 2, 5 Stat. 512. Act March 3, 1857, c. 106, $ 3, 11 Stat. 203. Act Aug. 6, 1861, c. 57, § 5, 12 Stat. 318. Act March 2, 1867, c. 167, § 12, 14 Stat. 467. Further provisions relating to the compensation of the clerks and the master armorer at the Springfield Armory are contained in Act June 23, 1874, c. 486, and Act Aug. 5, 1882, c. 395, set forth below. ACT JUNE 23, 1874, c. 486. An Act to Fix the Salaries of the Clerks of the United States Armory in Springfield, Massachusetts. (18 Stat. 282.) Salaries of clerks at Springfield Armory. Be it enacted, &c., That on and after the passage of this act, in lieu of the compensation now allowed to the clerks at the United States armory in Springfield, Massachusetts, including fuel and quarters, Secs. 1663-1667) 1137 Tit. 17— ARMS, ARMORIES, AND ARSENALS. there shall be paid to each of said clerks an annual salary of one thousand six hundred and fifty dollars. Act June 23, 1874, c. 486, 18 Stat. 282. ACT AUG. 5, 1882, c. 395. An Act to Fix the Compensation of the Master Armorer at the National Armory in Springfield, Massachusetts. (22 Stat. 299.) Additional compensation of master armorer at Springfield Armory. Be it enacted, &c., That in addition to the compensation now al- lowed and paid to the master armorer at the national armory in Springfield, Massachusetts, there shall be paid to him, from and after the passage of this act, further compensation at the rate of one thou- sand dollars per annum during such time as he shall perform the du- ties of master machinist at said armory in addition to those of master armorer. Act Aug. 5, 1882, c. 395, 22 Stat. 299. Sec. 1664. When paid; who to give bond. The several compensations fixed by the preceding section for mas- ter-armorers and inspectors shall be paid quarter-yearly. All mili- tary store-keepers and paymasters shall give bond and security for the faithful discharge of their duties, in such sum as may be pre- scribed by the Secretary of War. Act Aug. 23, 1842, c. 186, § 2, 5 Stat. 512. Similar provisions for bonds by military store-keepers, etc., are contain- ed in Rev. St. $$ 1191, 1192. Sec. 1665. Annual accounts to Congress. An annual account of the expenses of the national armories shall be laid before Congress, together with an account of the arms made and repaired therein. Act April 2, 1794, c. 14, 85, 1 Stat. 352. Sec. 1666. Arsenals may be abolished. The Secretary of War is authorized to abolish such of the ar- senals of the United States as, in his judgment, may be useless or unnecessary. Act March 3, 1853, c. 98, $ 1,10 Stat. 214, 217. The arsenal at Detroit, Mich., was authorized to be gold, by Act March 3, 1875, c. 174, 18 Stat. 510. Sec. 1667. Distribution of arms to States, etc. All the arms procured in virtue of any appropriation authorized by law for the purpose of providing arms and equipments for the LAWS '01-72 1138 (Sec. 1667 Tit. 17—ARMS, ARMORIES, AND ARSENALS. whole body of the militia of the United States shall be annually dis- tributed to the several States of the Union according to the number of their Representatives and Senators in Congress, respectively; and all arms for the Territories and for the District of Columbia shall be annually distributed in such quantities, and under such regula- tions, as the President may prescribe. All such arms are to be transmitted to the several States and Territories by the United States. Act April 23, 1808, c. 55, § 3, 2 Stat. 490. Act March 3, 1855, c. 169, § 7, 10 Stat. 639. Appropriations for the purpose of providing arms, etc., for the militia. referred to in this section, are made by Rev. St. § 1661, and amend- ments thereof; and other provisions relating to the distribution of arms, etc., to the militia, are set forth under that section. The issue of arms to the Territories and the States bordering thereon, for protection against Iudians, is authorized by various joint resolutions set forth or referred to below. The issue of arms to the Departments for the protection of the public money and property is authorized by a provision of Act March 3, 1879, c. 183, set forth below. Authority to replace ordnance and ordnance stores which the volun- teers from any state or territory carried into the service of the United States Army during the war with Spain, and which were retained by the United States, was given by provisions of Act March 3, 1899, c. 423, $ 1, 30 Stat. 1073, and Act May 26, 1900, c. 586, 31 Stat. 217. They are omitted as temporary merely. RES. JULY 3, 1876, No. 13. [As amended 1877, 1878.] Joint Resolution Authorizing the Secretary of War to Issue Arms. (19 Stat. 214.) Arms to be issued to Territories and certain States. Resolved, &c., That the Secretary of War is hereby authorized to cause to be issued to the Territories, and the States bordering there- on, such arms as he may deem necessary for their protection, not to exceed one thousand to said States and Territories each, and am- munition for the same, not to exceed fifty ball-cartridges for each arm: Provided, That such issues shall be only from arms owned by the Government which have been superseded and no longer is- sued to the Army: Provided however, That said arms shall be is- sued only in the following manner, and upon the following condi- tions, namely, upon the requisition of the governors of said States or Territories showing the absolute necessity of arms for the pro- tection of the citizens and their property against Indian raids into said States or Territories also that militia companies are regularly organized and under control of the governors of said States or Ter- ritories to whom said arms are to be issued, and that said gov- ernor or governors shall give a good and sufficient bond for the re- turn of said arms or payment for the same at such time as the Sec- retary of War may designate. Res. July 3, 1876, No. 13, 19 Stat. 214. Res. March 3, 1877, No. 7, 19 Stat. 410. Act May 16, 1878, c. 106, 20 Stat. 61. The amendment of this resolution by Res. March 3, 1877, No. 7, cited above, consists in the insertion of the words, “and ammunition for the same, not to exceed fifty ball-cartridges for each arm"; and the further Sec. 1667) 1139 Tit. 17-ARMS, ARMORIES, AND ARSENALS. amendment by Act May 16, 1878, c. 106, also cited above, consists in the insertion, after the words "one thousand to said States," and before the word "each," of the words "and Territories," and the striking out, after said word “each," of the words "and not more than five hundred to each of said Territories." The Secretary of War was authorized to issue arms and ammunition to the Territory of Idaho, upon the requisition of its Governor, under the provisions of this resolution, by Res. March 9, 1878, No. 13, 20 Stat. 248. The issue of additional arms and ammunition to the Territories is au- thorized by Res. June 7, 1878, No. 26, set forth below. RES. JUNE 7, 1878, No. 26. Joint Resolution Providing for Issue of Arms to Territories. (20 Stat. 252.) Additional arms to be issued to Territories. Be it resolved, &c., That the Secretary of War is hereby author- ized to cause to be issued to each of the Territories of the United States (in addition to arms and ammunition the issue of which has been heretofore provided for), such arms not to exceed one thou- sand in number as he may deem necessary, and ammunition for the same not to exceed fifty ball cartridges for each arm: Provided, That such issue shall be only from arms owned by the Government of the United States which have been superseded and no longer issued to the Army: And provided further, That said arms shall be issued only in the following manner, and upon the following con- ditions, namely, upon the requisition of the governors of said Ter- ritories showing the absolute necessity for arms for the protection of citizens and their property against hostile Indians within or of Indian raids into such Territories: And provided fuſther, That the said governor or governors of said Territories to whom the said arms may be issued shall give good and sufficient bond or bonds for the return of said arms, or payment therefor, at such time as the Secretary of War may designate, as now provided for by law. Res. June 7, 1878, No. 26, 20 Stat. 252. Previous provisions for issue of arms and ammunition to the Terri- tories, referred to in this resolution, are set forth above. ACT MARCH 3, 1879, c. 183. Arms and ammunition to be furnished to Departments to protect pub- lic property. That upon the request of the head of any department, the Secre- tary of War be, and he hereby is, authorized and directed to issue arms and ammunition whenever they may be required for the pro- tection of the public money and property, and they may be deliv- ered to any officer of the department designated by the head of such department, to be accounted for to the Secretary of War, and to be returned when the necessity for their use has expired. Arms and ammunition heretofore furnished to any department by the War Department, for which the War Department has not been reim- bursed, may be receipted for under the provisions of this act. Act March 3, 1879, c. 183, 20 Stat. 410. This is a provision of the deficiency appropriation act for the fiscal year ending June 30, 1879, cited above. 1140 Tit. 17— ARMS, ARMORIES, AND ARSENALS, (Secs. 1667–1670 RES. FEB. 5, 1891, No. 9. Joint Resolution to Authorize the Secretary of War to Issue Ord- nance and Ordnance Stores to the Washington High School. (26 Stat. 1113.) Ordnance and ordnance stores to be issued to Washington High School. Resolved, &c., That the Secretary of War is authorized to issue, at his discretion and under proper regulations to be prescribed by him, out of ordnance and ordnance stores belonging to the Government, and which can be spared for that purpose, such as may appear to be required for military instruction and practice by the students of the High School of Washington, District of Columbia, and the Secretary shall require a bond in each case, in double the value of the prop- erty, for the care and safe keeping thereof, and for the return of the same when required. Res. Feb. 5, 1891, No. 9, 26 Stat. 1113. Sec. 1668. Enticing away workmen; penalty. If any person procures or entices any artificer or workman re- tained or employed in any arsenal or armory, to depart from the same during the continuance of his engagement, or to avoid or break his contract with the United States, or if any person, after due notice of the engagement of any such workman or armorer, during the con- tinuance of such engagement, retains, hires, or in anywise employs, harbors, or conceals such artificer or workman, he shall be fined not more than fifty dollars, or be imprisoned not more than three months. Act May 7, 1800, C. 46, § 2, 2 Stat. 61. Sec. 1669. Workmen guilty of certain misconduct. If any artificer or workman, hired, retained, or employed in any public arsenal or armory, wantonly and carelessly breaks, impairs, or destroys any implements, tools, or utensils, or any stock, or ma- terials for making guns, the property of the United States, or will- fully and obstinately refuses to perform the services lawfully assigned to him, pursuant to his contract, he shall forfeit a sum not exceeding twenty dollars for every such act of disobedience or breach of con- tract, to be recovered in any court having competent jurisdiction thereof. Act May 7, 1800, c. 46, $ 3, 2 Stat. 62. Sec. 1670. Distribution of arms to States which had not received their quota from 1862 to 1869. The Secretary of War is authorized and directed to distribute to such States as did not receive the same, their proper quota of arms and military equipments for each year, from eighteen hundred and sixty-two to eighteen hundred and sixty-nine, under the provisions of section sixteen hundred and sixty-one: Provided, That in the Secs. 1671-1673) Tit. 17— ARMS, ARMORIES, AND ARSENALS. 1141 organization and equipment of military companies and organizations with such arms, no discrimination shall be made between companies and organizations on account of race, color, or former condition of servitude. Act March 3, 1873, c. 282, 17 Stat. 608. Sec. 1671. Exemption from service as jurors. All artificers and workmen employed in the armories and arsenals of the United States shall be exempted, during their time of service, from service as jurors in any court. Act May 7, 1800, c. 46, § 4, 2 Stat. 62. Act March 3, 1855, c. 169, $ 7, 10 Stat. 639. Sec. 1672. [Superseded. Act Sept. 22, 1888, c. 1028.] This section provided that the "Springfield breech-loading system” should be the only systein to be used by the Ordnance Department in the manufacture of muskets and carbines for the military service. It is superseded by the provisions of Act Sept. 22, 1888, c. 1028, post, at end of this chapter, which establish the Board of Ordnance and Fortification, and authorize that board to make investigations and tests to ascertain, with a view to their utilization by the Government, the most effective guns, small arms, etc.; and subsequent provisions making appropria- tions for the manufacture, etc., of arms, to be applicable to the manufac- ture of a magazine arm, recommended by the small-arms board, and adopted by the Secretary of War. See Act July 16, 1892, c. 195, 27 Stat. 182; Act Aug. 6, 1894, c. 228, 28 Stat. 242; Act Feb. 12, 1895, c. 83, 28 Stat. 663; Act March 16, 1896, c. 59, 29 Stat. 68; Act March 2, 1897, c. 362, 29 Stat. 617; Act March 15, 1898, c. 69, 30 Stat. 326. Provisions for the issue of Springfield rifles to the militia are contained in Act Feb. 24, 1897, c. 310, § 1, ante, under Rev. St. $ 1661. Sec. 1673. No royalty to be paid by United States to its officers for patent. No royalty shall be paid by the United States to any one of its officers or employés for the use of any patent for the system, or any part thereof, mentioned in the preceding section, nor for any such patent in which said officers or employés may be directly or indirectly interested. Act June 6, 1872, c. 316, 17 Stat. 261. So much of this section as relates to any patent for the Springfield breech-loading system mentioned in Rev. St. § 1672, has become inopera- tive. See note under that section. Expenditure of money at armories in the perfection of patentable in- ventions in the manufacture of arms by officers of the Army is forbidden by a provision of Act March 3, 1875, c. 133, set forth below. ACT MARCH 3, 1875, c. 133, 8 1. Inventions by army officers; no money to be expended therefor at ar- mories. For manufacture at national armories: * * Provided, that here- 1142 (Sec. 1673 Tit. 17— ARMS, ARMORIES, AND ARSENALS. after no money shall be expended at said armories in the perfection of patentable inventions in the manufacture of arms by officers of the Army otherwise compensated for their services to the United States. Act March 3, 1875, c. 133, § 1, 18 Stat. 455. This is a proviso annexed to the appropriation for manufacture of arms at national armories, in the Army appropriation act for the fiscal year ending June 30, 1876, cited above. ACT JUNE 20, 1878, c. 359, § 1. Machine for testing iron and steel; private use; fees. The Secretary of War is hereby authorized to cause the machine built for testing iron and steel to be set up and applied to the testing of iron and steel for all persons who may desire to use it, upon the payment of a suitable fee for each test; the table of fees to be ap- proved by the Secretary of War, and to be so adjusted from time to time as to defray the actual cost of the tests as near as may be; * Act June 20, 1878, c. 359, § 1, 20 Stat. 223. This is a provision of the sundry civil appropriation act for the fiscal year ending June 30, 1879, cited above. ACT MARCH 3, 1885, c. 360, & 1. Machine for testing iron and steel; private use; reports of tests; fees; tests submitted by American Society of Civil Engineers. Testing Machine, Watertown Arsenal, * * Provided, That here- after the tests of iron and steel and other materials for industrial purposes shall be continued, and report thereof shall be made to Congress: And provided further, That in making tests for private citizens the officer in charge may require payment in advance, and may use the funds so received in making such private tests, making full report thereof to the Chief of Ordnance; and the Chief of Ord- nance shall give attention to such programme of tests as may be sub- mitted by the American Society of Civil Engineers, and the record of such tests shall be furnished said society, to be by them published at their own expense. Act March 3, 1885, c. 360, § 1, 23 Stat. 478. These provisos are annexed to an appropriation for caring for, using, etc., the testing machine, in the sundry civil appropriation act for the fiscal year ending June 30, 1886, cited above. [BOARD OF ORDNANCE AND FORTIFICATION.] ACT SEPT. 22, 1888, c. 1028. An Act Making Appropriations for Fortifications and Other Works of Defense, for the Armament thereof, for the Procurement of Heavy Ordnance for Trial and Service, and for Other Pur- poses. (25 Stat. 489.) Board of Ordnance and Fortification; composition; powers and du- ties. Be it enacted, &c., That the appropriations hereinafter provided for Sec. 1673) 1143 Tit. 17— ARMS, ARMORIES, AND ARSENALS. shall be available until expended and shall be expended under the direct supervision of a board to consist of the commanding General of the Army, an officer of Engineers, an officer of Ordnance, and an officer of Artillery, to be selected by the Secretary of War, to be called and known as the Board of Ordnance and Fortification; and said Board shall be under the direction of the Secretary of War and subject to his supervision and control in all respects, and shall have power to provide suitable regulations for the inspection of guns and materials at all stages of manufacture to the extent necessary to protect fully the interests of the United States, and generally to pro- vide such regulations concerning matters within said Board's opera- tions as shall be necessary to carry out to the best advantage all duties committed to its charge: Provided, That subject to the fore- going provisions the expenditure shall be made by the several Bu- reaus of the War Department having jurisdiction of the same under existing law Act Sept. 22, 1888, c. 1028, § 1, 25 Stat. 489. Provisions for additional members of the Board, and relating to the qualifications of members, are contained in Act Feb. 24, 1891, c. 283, & 1, Act Feb. 18, 1893, c. 136, § 1, and Act March 2, 1901, c. 803, set forth below. Secs. 2-5. [Temporary.] These sections make appropriations. Investigations and tests by Board; limit of expenditures; guns and materials to be of American production; per diem and expenses of members of Board. Sec. 6. * * [Part of section omitted temporary.] The Board is authorized to make all needful and proper purchases, investiga- tions, experiments, and tests, to ascertain with a view to their utili- zation by the Government, the most effective guns, including multi- charge guns and the conversion of Parrott and other guns on hand, small arms, cartridges, projectiles, fuzes, explosives, torpedoes, armor-plates, and other implements and engines of war; and the Secretary of War is hereby authorized to purchase or cause to be manufactured, such guns, carriages, armor-plates, and other war ma- terials and articles as may, in the judgment of said Board, be neces- sary in the proper discharge of the duty herein devolved upon them: Provided, That the amount expended and liabilities incurred in such purchases, investigations, experiments, and tests shall not exceed five hundred thousand dollars which sum is hereby appropriated : [Part of section omitted temporary.] That under the pro- visions of this section there shall not be expended or contract or contracts entered into involving the Government in an aggregate expenditure exceeding six million five hundred thousand dollars, nor an expenditure on the part of the Government in any one fiscal year in excess of two million dollars, and all guns and materials pur- chased under authority of this section shall be of American produc- tion and furnished by citizens of the United States. For payment of the necessary expenses of the Board including a per diem allow- ance to each member thereof when employed on duty away from his * 1144 (Sec. 1673 Tit. 17-ARMS, ARMORIES, AND ARSENALS. permanent station, of two and one-half dollars a day, five thousand dollars, or so much thereof as may be necessary. Act Sept. 22, 1888, c. 1028, § 6, 25 Stat. 490. The portions of this section omitted here provide for particular tests, and are temporary merely. When proposals for any works, or for any material or labor for any works, are invited by the Secretary of War, separate proposals and sep- arate contracts for each work, and for each class of material or labor for each work, are required by Rev. St. $ 3717. The acquisition of sites for fortifications and coast defenses is provid- ed for by Act Aug. 18, 1890, c. 797, post, under Title XLIII A, “Public Buildings and Works." The erection of a temporary fort or fortification, in case of emergency, upon the written consent of the owner of the land, is authorized by Res. April 11, 1898, No. 21, post, under Title XLIII A, “Public Buildings and Works." Restrictions on expenditures for erection of barracks and quarters for artillery, in connection with the project for sea-coast defenses, are con- tained in provisions of Act June 6, 1900, c. 791, post, under Title XLIII A, "Public Buildings and Works." ACT FEB. 24, 1891, c. 283, § 1. * Additional civilian member of Board; salary and expenses; annual report by Board. Board of Ordnance and Fortification : * And one additional member shall be added to said Board of Ordnance and Fortification who shall be a civilian and not an ex-officer of the regular Army or Navy, and he shall be nominated by the President, and by and with the advice and consent of the Senate, appointed, and shall be paid a salary of five thousand dollars per annum and actual traveling ex- penses when traveling on duty: Provided, That the Board of Ord- nance and Fortification shall make an annual report to Congress through the Secretary of War, on the first Monday in December in each year, showing the general operations of the Board and shall give a detailed statement of all contracts, allotments and expendi- tures made by the Board. Act Feb. 24, 1891, c. 283, § 1, 26 Stat. 769. This is a provision of the fortifications appropriation act of Feb. 24, 1891, c. 283, 8 1, cited above. * ACT FEB. 18, 1893, c. 136, § 1. Persons who may not be members of Board. Board of Ordnance and Fortification : That hereafter no person shall be a member of or serve on said Board who has been or is in any manner interested in any invention, device, or patent which, or anything similar to which, has been considered or may be considered by or come before said Board for test or adoption; or who is connected with or in the employ of any manufacturer who has or shall have contracts with the United States for any ordnance materials. Act Feb. 18, 1893, c. 136, § 1, 27 Stat. 458. This is a provision of the fortifications appropriation act of Feb. 18, 1893, c. 136, § 1, cited above. * Sec. 1673) .1145 Tit. 17-ARMS, ARMORIES, AND ARSENALS. ACT MARCH 2, 1901, c. 803. Additional members of Board. * * That the Secretary of War is hereby authorized to appoint two additional members for the Board of Ordnance and Fortifica- tion, both of whom shall be selected from the Artillery Corps. * Act March 2, 1901, c. 803, 31 Stat. 910. This is a proviso annexed to the appropriation for manufacture, etc., of arms in the Army appropriation act for the fiscal year ending June 30, 1902, cited above. [ORDNANCE MATERIALS, STORES, AND SUPPLIES.] ACT JUNE 22, 1874, c. 413. An Act Authorizing the Secretary of War to Sell Unserviceable Ordnance Stores, and for Other Purposes. (18 Stat. 200.) Sale of unserviceable ordnance stores. Be it enacted, &c., That from and after the passage of this act the Secretary of War be, and he is hereby, authorized and directed to be caused to be sold in such manner, and at such times and places, and in such quantities, as shall most conduce to the interest of the United States, all obsolete and unserviceable ammunition and leaden balls, and the surplus of pig lead in excess of two thousand tons now stored in the various arsenals of the United States, and to cause the net proceeds of such sale, after paying all costs and expenses of breaking up and preparing said ammunition for sale, and all the necessary expenses of such sale, including the cost of transportation to the place of sale, to be covered into the Treasury of the United States with full accounts of said expenses. Act June 22, 1874, c. 413, 18 Stat. 200. Further provisions relating to the disposition of the proceeds of sale of useless ordnance material are contained in a provision of Act March 3, 1875, c. 130, § 1, set forth below. * * ACT MARCH 3, 1875, c. 130, § 1. Sale of useless ordnance materials. That the Secretary of the Navy is authorized to dispose of the useless ordnance material on hand at public sale, according to law, [Part of section omitted superseded. Act Aug. 5, 1882, c. 391, § 2.] And in the case of sale of like materials in the War Depart- ment, the proceeds of which shall be turned into the Treasury, an amount equal to the net proceeds of such sale is hereby appropriated for the purpose of procuring a supply of material adapted in manu- facture and calibre to the present wants of the war service; and there shall be expended in the War Department, under this pro- vision, not more than seventy-five thousand dollars in any one year. Act March 3, 1875, c. 130, 81, 18 Stat. 388. These are provisions of the sundry civil appropriation act for the fiscal year ending June 30, 1876, cited above. The portion thereof omitted here, relating to the sale and disposition of the proceeds of useless ord- nance materials by the Secretary of the Navy, is superseded by the * 1146 (Sec. 1673 Tit. 17— ARMS, ARMORIES, AND ARSENALS. provisions of Act Aug. 5, 1882, c. 391, $ 2, ante, under Rev. St. $ 1541. Similar provisions relating to the sale of old vessels of the Navy are con- tained in that section and subsequent statutes collected under it. The sale of unserviceable arms, etc., of the militia, is provided for by Act Feb. 12, 1887, c. 129, § 4, ante, following Rev. St. $ 1661. The disposition of the proceeds of the sale of old material, condemned stores, etc., generally, is regulated by Rev. St. $ 3618, and acts amenda- tory thereof and subsequent thereto, post, under Title XL, "The Public Moneys." ACT JULY 5, 1884, c. 235. An Act Making Appropriations for Fortifications and Other Works of Defense, and for the Armament Thereof, for the Fiscal Year Ending June Thirtieth, Eighteen hundred and eighty-five and for other Purposes. (23 Stat. 158.) Be it enacted, etc., [Sec. I makes appropriations.] Rifled cannon to be tested. Sec. 2. That hereafter all rifled cannon of any particular material, caliber, or kind, made at the cost of the United States shall be pub- licly subjected to the proper test including such rapid firing as a like gun would be likely to be subjected to in actual battle for the deter- mination of the endurance of the same to the satisfaction of the Pres- ident of the United States or such persons as he may select; and he is hereby authorized to select not to exceed five persons, who shall be skilled in such matters; and if such gun shall not prove satisfac- tory, they shall not be put to use in the Government service. Act July 5, 1884, c. 235, $ 2, 23 Stat. 159. Similar provisions for tests of rifled cannon for the Navy are con- tained in Act July 26, 1886, c. 781, § 1, set forth below. Sale of smooth-bore cannon for experimental purposes. Sec. 3. That the Secretary of War and the Secretary of the Navy 3 are hereby authorized to sell to projectors of methods of conversion, for experimental purposes only, any smooth-bore cannon on hand required by them, at prices which shall not be less than have been received from auction sales for such articles, and deliver the same, at the cost of the Government, at the nearest convenient place for shipment or public transportation; the cost of delivery to be de- ducted from the proceeds of sales, and the balance to be covered into the Treasury of the United States. Act July 5, 1884, c. 235, $ 3, 23 Stat. 159. Sec. 4. [Repeals in part Act Aug. 5, 1882, c. 391, $ 1.] This section repeals so much of Act Aug. 5, 1882, c. 391, § 1, as pro- vided how the words "ordnance" and "gunpowder,” in Rev. St. $ 3721, should be construed. See note under that section. ACT JULY 26, 1886, c. 781, $ 1. Rifled cannon for Navy to be tested. One or more rifled cannon of each type constructed at the cost of the United States for the Navy shall be publicly subjected to the proper test for endurance including such rapid firing as a like gun Sec. 1673) 1147 Tit. 17-ARMS, ARMORIES, AND ARSENALS. * would be subjected to in battle. This test shall be under the direc- tion and to the satisfaction of the Secretary of the Navy, and if such guns do not prove satisfactory, the type they represent shall not be put in use in the naval service. Act July 26, 1886, c. 781, § 1, 24 Stat. 151. This is a provision of the naval appropriation act for the fiscal year ending June 30, 1887. Similar provisions applicable to all rifled cannon of any particular material, caliber, or kind, made at the cost of the United States, are contained in Act July 5, 1884, c. 235, § 2, set forth above. ACT MAY 22, 1896, c. 231. An Act to Authorize the Secretary of War and the Secretary of the Navy to Make Certain Disposition of Condemned Ord- nance, Guns, and Cannon Balls in their Respective Departments. (29 Stat. 133.) Loan or gift of condemned ordnance, guns, etc., to soldiers' monument associations, etc. Be it enacted, &c., That the Secretary of War and the Secretary of the Navy are each hereby authorized, in their discretion, to loan or give to soldiers' monument associations, posts of the Grand Army of the Republic, and municipal corporations, condemned ordnance, guns, and cannon balls which may not be needed in the service of either of said Departments. Such loan or gift shall be made subject to rules and regulations covering the same in each Department, and the Government shall be at no expense in connection with any such loan or gift. Act May 22, 1896, c. 231, 29 Stat. 133. ACT MARCH 1, 1901, c. 677. Maximum contract price of steel for guns and mortars. * * That no contract for oil-tempered and annealed steel for high-power coast-defense guns and mortars shall be made at a price exceeding twenty-one cents per pound * Act March 1, 1901, c. 677, 31 Stat. 873. This is a proviso annexed to the appropriation for steel for seacoast guns, in the fortifications appropriation act of March 1, 1901, c. 677, cited above. Provisions of a similar nature, but fixing different prices as the limit, are contained in previous appropriation acts. This proviso may per haps be regarded as not permanent, but applicable only to contracts un- der the particular appropriation. Contracts for purchase of steel are required to be submitted to public competition by advertisement, by a provision of Act Feb. 24, 1891, c. 283, post, following Rev. St. 9 3717. Right to use invention involved in construction of guns, etc., to be determined before constructing or testing same. Board of Ordnance and Fortification: * That before any money shall be expended in the construction or test of any gun, gun carriage, ammunition, or implements under the supervision of the said board, the board shall be satisfied, after due inquiry, that the Government of the United States has a lawful right to use the 1148 (Sec. 1673 Tit. 17-ARMS, ARMORIES, AND ARSENALS. inventions involved in the construction of such gun, gun carriage, ammunition, or implements, or that the construction or test is made at the request of a person either having such lawful right or author- ized to convey the same to the Government. Act March 1, 1901, c. 677, 31 Stat. 875. This is another proviso of the act cited above, annexed to the appropri- ation for the expenses of the Board of Ordnance and Fortification. Pre- vious similar appropriation acts contain the same provision. See Act March 2, 1895, c. 162, 28 Stat. 706; Act June 6, 1896, c. 338, 29 Stat. 259; Act March 3, 1897, c. 384, 29 Stat. 614; Act May 7, 1898, c. 248, 30 Stat. 402; Act March 3, 1899, c. 428, 30 Stat. 1252; Act May 25, 1900, c. 552, § 1, 31 Stat. 186. This proviso may possibly be regarded as applicable only to the appropriation for the particular year, and not permanent. A further provision of each of the acts mentioned above, "that all ma- terial purchased under the foregoing provisions of this Act shall be of American manufacture, except in cases when, in the judgment of the Secretary of War, it is to the manifest interest of the United States to make purchases in limited quantities abroad, which material shall be admitted free of duty,” is omitted, as expressly limited in application to purchases of material under the particular act. ACT MARCH 2, 1901, c. 803. Appropriations not to be expended for freight charges. That no part of the appropriations made for the Ordnance Department shall be used in payment of freight charges on ordnance or ordnance stores issued by said Department. * * Act March 2, 1901, c. 803, 31 Stat. 910. This is a proviso annexed to the appropriation, under the heading “Ord- nance Department,” for manufacture, etc., of arms, in the army appro- priation act for the fiscal year ending June 30, 1902, cited above. TITLE XVIII. DIPLOMATIC AND CONSULAR OFFICERS. Chap. 1. Diplomatic officers... 2. Consular officers.. 3. Provisions common to diplomatic and consular officers.. Sec. 1674 1689 1740 Page 1149 1158 1190 CHAPTER ONE. Diplomatic Officers. Sec. 1674. Definition of official designations employed in this Title. 1675. Salaries. Act Aug. 5, 1882, c. 399. Chargé d'affaires and consul-general at Teheran. Act March 1, 1893, c. 182, $ 1. Change in rank of diplomatic repre- sentatives. 1676. Agent and consul-general at Cairo. Res. Jan. 8, 1874, No. 1. Title of agent and consul-general at Cairo. 1677. Secretary of legation to Turkey. 1678. Interpreter of legation to Turkey. 1679. Interpreter of legation to Japan. 1680. [Repealed.] 1681. [Repealed.] 1682. Minister to Guatemala, Costa Rica, Honduras, Salvador, and Nicaragua. 1683. Representatives to Hayti, Libe- ria, etc. Sec. 1684. Condition of compensation of chargé d'affaires or secretary. 1685. Compensation of secretary of le- gation 'acting as chargé d'af- faires. Act Feb. 25, 1885, c. 150, $ 1. Compensation of secretary of lega- tion acting as chargé d'affaires dur- ing absence of minister without leave. 1686. Compensation of persons filling two offices. 1687. Fees at legations to be account- ed for. Act June 11, 1874, c. 275, $ 1. Annual allowance to secretaries and messenger of legation at Paris from fees collected. Act March 3, 1875, c. 130, $ 1. Rent of buildings for legation at Peking. 1688. Uniforms and official costumes. Sec. 1674. Definition of official designations employed in this Title. The official designations employed throughout this Title shall be deemed to have the following meanings, respectively: First. “Consul-general," "consul,” and “commercial agent,” shall be deemed to denote full, principal, and permanent consular officers, as distinguished from subordinates and substitutes. (1149) 1150 Tit. 18— DIPLOMATIC OFFICERS-Ch. 1. (Secs. 1674-1675 Second. “Deputy consul” and “consular agent” shall be deemed to denote consular officers subordinate to such principals, exercising the powers and performing the duties within the limits of their consulates or commercial agencies respectively, the former at the same ports or places, and the latter at ports or places different from those at which such principals are located respectively. Third. “Vice-consuls” and “vice-commercial agents” shall be deemed to denote consular officers, who shall be substituted, tempo- rarily, to fill the places of consuls-general, consuls, or commercial agents, when they shall be temporarily absent or relieved from duty. Fourth. “Consular officer” shall be deemed to include consuls- general, consuls, commercial agents, deputy consuls, vice-consuls, vice-commercial agents, and consular agents, and none others. Fifth. “Diplomatic officer” shall be deemed to include ambassa- dors, envoys extraordinary, ministers plenipotentiary, ministers resi- dent, commissioners, chargés d'affaires, agents, and secretaries of legation, and none others. Act Aug. 18, 1856, c. 127, § 1, 11 Stat. 64. Act June 20, 1864, c. 136, § 1, 13 Stat. 138. Act July 25, 1866, c. 233, 14 Stat. 225. Provisions authorizing the President to change the designation of diplo- matic representatives to those countries making a change in the designa- tion of their representatives to the United States are contained in Act March 1, 1893, c. 182, § 1, post, following Rev. St. § 1675. Definitions of the words "minister" and "consul," as used in Title XLVII, “Foreign Relations,” are contained in Rev. St. $ 4130. Sec. 1675. [As amended 1875.] Salaries. Ambassadors and envoys extraordinary and ministers plenipoten- tiary shall be entitled to compensation at the rates following, per an- nun, namely: Those to France, Germany, Great Britain, and Russia, each, sev- enteen thousand five hundred dollars. Those to Austria, Brazil, China, Italy, Japan, Mexico, and Spain, each, twelve thousand dollars. Those to all other countries, unless where a different compensa- tion is prescribed by law, each, ten thousand dollars. And, unless when otherwise provided by law, ministers resident and commissioners shall be entitled to compensation at the rate of seventy-five per centum, chargés d'affaires at rate of fifty per centum, and secretaries of legation at the rate fifteen per centum, of the amounts allowed to ambassadors, envoys extraordinary, and minis- ters plenipotentiary to the said countries respectively; except that the secretary of legation to Japan shall be entitled to compensation at the rate of twenty-five hundred dollars per annum. The second secretaries of the legations to France, Germany, and Great Britain shall be entitled to compensation at the rate of two thousand dollars each per annum. Act Aug. 18, 1856, c. 127, § 1, 11 Stat. 52. Act June 16, 1860, c. 135, § 1, 12 Stat. 40. Act Feb. 22, 1873, c. 184, § 1, 17 Stat. 471, 472. Act March 3, 1875, c. 153, 18 Stat. 183. This section, as originally enacted, was as follows: "Ambassadors, envoys extraordinary, and ministers plenipotentiary, Sec. 1675) 1151 Tit. 18— DIPLOMATIC OFFICERS--Ch. 1. ministers resident, agents, and secretaries, and second secretaries of lega- tion, shall be entitled to salaries as hereinafter provided. "Envoys extraordinary and ministers plenipotentiary to France, Ger- many, Great Britain, and Russia, seventeen thousand five hundred dol- lars each; to Austria, Brazil, China, Italy, Japan, Mexico, and Spain, twelve thousand dollars each; to Chili and Peru, ten thousand dollars each, "Minister-resident accredited to Guatemala, Costa Rica, Honduras, Sal- vador, and Nicaragua, ten thousand dollars. "Minister-resident at Uruguay, ten thousand dollars. “Ministers-resident at Portugal, Switzerland, Greece, Belgium, Nether- lands, Denmark, Sweden and Norway, Turkey, Ecuador, Colombia, Bo- livia, Venezuela, Hawaiian Islands, and the Argentine Republic, seven thousand five hundred dollars each. "Minister-resident and consul-general at Hayti, seven thousand five hundred dollars. "Minister-resident and consul-general at Liberia, four thousand dollars. "Agent and consul-general at Alexandria, three thousand five hundred dollars. “Secretaries of legation to London, Paris, Berlin, and Saint Petersburg, two thousand six hundred and twenty-five dollars each. "Secretary of legation to Japan, two thousand five hundred dollars. “Secretaries of legations to Austria, Brazil, Italy, Mexico, and Spain, one thousand eight hundred dollars each. "Second secretaries of legations to France, Great Britain, and Ger- many, two thousand dollars each." It is amended by Act March 3, 1875, c. 153, cited above, to read as set forth here. Act Aug. 5, 1882, c. 399, 22 Stat. 301, purports to amend this section by inserting an additional clause after the words, "Liberia, four thousand dollars," which words, although contained in the original section, are not in the section as amended by Act March 3, 1875, c. 153, and set forth here. The amendatory act is set forth below. Subsequent diplomatic and consular appropriation acts provide salaries for the various diplomatic officers, differing, in some instances, from those fixed by this section. The appropriation act for the fiscal year end- ing June 30, 1879, Act June 4, 1878, c. 155, 20 Stat. 98, enacted that the salaries provided therein for the officers named should be in full for their annual salaries from and after the first day of July, 1878, and that all laws and parts of laws in conflict with its provisions were repealed. The same proviso is repeated in the similar act of Jan. 27, 1879, c. 28, 20 Stat. 267, as to the annual salaries after July 1, 1879; but it does not appear again in any subsequent appropriation act. Act July 1, 1886, c. 600, 24 Stat. 108, however, provided that the amounts appropriated should be "in full compensation for the diplomatic and consular service of the fiscal year”; and this proviso is repeated in subsequent similar acts. The provisions of the various diplomatic and consular appropriation acts, being only for the next ensuing year, cannot be deemed permanent in their nature. Where, however, they make changes in the salaries of offi- cers, they have been held to supersede the provisions of the previous act with which they are in conflict. See 109 U. S. 143. See, also, 10 Wal!. , 62, 118 U. S. 389, 123 U. S. 182, 133 U. S. 180, 273. In the notes under this and subsequent sections, the various provisions of the diplomatic and consular appropriation act for the fiscal year ending June 30, 1902, Act March 2, 1901, c. 802, 31 Stat. 833, are given, each under the sec- tion of the Revised Statutes to which it is most nearly related. The amounts appropriated by said last-mentioned act for salaries of diplomatic officers are as follows: Ambassadors to France, Germany, Great Britain, Mexico, and Russia, $17,500 each; ambassador to Italy, $12,000; envoys-extraordinary to Austria, Brazil, China, Japan, and Spain, $12,000 each; envoys-extraordinary to the Argentine Republic, Bel- gium, Chile, Colombia, Netherlands, Peru, Turkey, and Venezuela, $10,- 000 each; envoy-extraordinary to Nicaragua, Costa Rica, and Salvador, 1152 (Sec. 1675 Tit. 18— DIPLOMATIC OFFICERS -Ch. 1. $10,000; envoy-extraordinary to Guatemala and Honduras, $10,000; en- voys-extraordinary to Denmark, Paraguay and Uruguay, Portugal, Swe- den and Norway, and Switzerland, $7,500 each; envoy-extraordinary to Roumania, Servia, and Greece, $6,500; envoy-extraordinary to Bolivia, $7,500; envoy-extraordinary to Ecuador, $7,500; envoy-extraordinary to Hayti, accredited as chargé d'affaires to San Domingo, $7,500; ministers- resident and consuls-general to Korea and Siam, $7,500 each; minister- resident and consul-general to Persia, $5,000; minister-resident and con- sul-general to Liberia, $4,000; consul-general at Constantinople and agent at Sofia, $5,000; agent and consul-general at Cairo, $5,000; secretaries of embassies to Great Britain, France, Germany, Italy, Mexico, and Russia, $2,625 each; secretaries of legations to China and Japan, $2,625 each; secretary of legation and consul-general to Colombia, $2,000; sec- retary of legation and consul-general to Stockholm, $1,500; secretary of legation to Guatemala and Honduras, $1,800; secretary of legation to Roumania, Servia, and Greece, $1,800; secretaries of legations to Nic- aragua, Costa Rica, Salvador, and Chile, $1,800 euch; secretaries of legations to Netherlands, Turkey, Austria, Spain, and Brazil, $1,800 each; secretaries of legations to Argentine Republic, Venezuela, and Peru, $1,800 each; secretaries of legations to Liberia and Korea, $1,- 500 each; second secretaries of embassies to Great Britain, France, Germany, Italy, Mexico, and Russia, $2,000 each; second secretaries of legations to Japan and China, $1,800 each; second secretary of legation at Constantinople, $1,600; third secretaries of embassies to Great Brit- ain, France, Mexico, and Germany, $1,200 each. The second secretaries of the legations to Japan, China, and Turkey are required to be American students of the language of the court and country to which they are appointed, and are allowed and required, under the direction of the Secretary of State, to devote their time to the acquisition of such language, by said Act March 2, 1901, c. 802. A sim- ilar provision is contained in each annual diplomatic and consular appro- priation act since 1884. ACT AUG. 5, 1882, c. 399. An Act to Establish Diplomatic Relations with Persia. (22 Stat. 301.) Chargé d'affaires and consul-general at Teheran. Be it enacted, &c., That section sixteen hundred and seventy-five of the Revised Statutes of the United States be, and the same is here- by, amended by inserting after the words “Liberia, four thousand dollars,” the words "charge d'affaires and consul-general at Teheran, Persia, five thousand dollars," and the sum necessary therefor is hereby appropriated out of any money in the Treasury not otherwise appropriated. The words “Liberia, four thousand dollars," do not appear in section 1675, having been omitted therefrom by the amendatory Act of March 3, 1875, c. 153. The diplomatic representative of the United States to Persia is a min- ister-resident and consul-general, and his salary is $5,000 by Act March 2, 1901, c. 802, 31 Stat. 883. See note under Rev. St. 8 1675. ACT MARCH 1, 1893, c. 182, $ 1. Change in rank of diplomatic representatives. * * * Whenever the President shall be advised that any foreign government is represented, or is about to be represented, in United States by an ambassador, envoy extraordinary, minister plenipoten- Secs. 1675-1677) Tit. 18— DIPLOMATIC OFFICERS —Ch. 1. 1153 tiary, minister resident, special envoy, or chargé d'affaires, he is authorized, in his discretion, to direct that the representative of United States to such government shall bear the sanie designation. This provision shall in nowise affect the duties, powers, or salary of such representative. * Act March 1, 1893, c. 182, 27 Stat. 497. This is a provision of the diplomatic and consular appropriation act for the fiscal year ending June 30, 1894, cited above. Sec. 1676. [As amended 1875.] Agent and consul-general at Cairo. The agent and consul-general at Cairo shall be entitled to compen- sation at the rate of three thousand five hundred dollars per annum. Act Aug. 18, 1856, c. 127, § 1, 11 Stat. 52. Act March 3, 1875, c. 153, 18 Stat. 483. This section, as originally enacted, provided that a commissioner ap- pointed to any of the countries mentioned in the preceding section (Rev. St. § 1675), should be entitled to receive seventy-five per cent. of the sal- ary therein provided for the envoy-extraordinary and minister plenipo- tentiary or the minister-resident to such country, and that a chargé d'affaires so appointed should be entitled to receive fifty per cent. of such salary. It is amended by Act March 3, 1875, c. 153, cited above, to read as set forth here. Rev. St. § 1675, as amended by the same act, contains a provision relating to the salary of commissioners and chargé d'affaires, which would have superseded this section, had it not been obliterated by the amendment. Previous to its amendment by Act March 3, 1875, c. 153, Rev. St. § 1675, provided that the agent and consul-general at Alexandria should receive a salary of $3,500. The official designation was changed to "agent and consul-general at Cairo" by Res. Jan. 8, 1874, No. 1, set forth below. The salary of the agent and consul-general at Cairo is fixed by Act March 2, 1901, c. 802, § 1, 31 Stat. 883, at $5,000. See, also, note to section 1675. RES. JAN. 8, 1874, No. 1. Joint Resolution Providing for a Change in the Name and Title of the Agent and Consul-General of the United States at Alexan- dria. (18 Stat. 285.) Title of agent and consul-general at Cairo. Resolved, &c., That the name and title of the agent and consul- general of the United States at Alexandria shall, from the passage of this joint resolution, be "agent and consul-general of the United States at Cairo.” Res. Jan. 8, 1874, No. 1, 18 Stat. 285. See notes under Rev. St. 88 1675, 1676. Sec. 1677. Secretary of legation to Turkey. The consul-general at Constantinople shall be the secretary of the legation to Turkey, but shall receive compensation only as consul- general. Act Feb. 22, 1873, c. 184, § 1, 17 Stat. 472. The salary of the consul-general at Constantinople (and agent at Sofia) is $5,000, by Act March 2, 1901, c. 802, 31 Stat. 883. Said act also ap- LAWS '01-73 1154 (Secs. 1677-1681 Tit. 18— DIPLOMATIC OFFICERS.—Ch. 1. propriates $1,800 for the salary of a secretary of legation to Turkey. The offices are held by different persons. (See Official Register 1901.) Hence the provisions of this section are practically superseded. For provisions of Act March 2, 1901, c. 802, relating to secretaries of legations, see note to Rev. St. & 1675. Sec. 1678. Interpreter of legation to Turkey. The interpreter to the legation to Turkey shall be entitled to re- ceive three thousand dollars, and such salary may be paid to an in- terpreter, notwithstanding he may not be a citizen of the United States. Act Feb. 22, 1873, c. 184, § 1, 17 Stat. 472. The salary of the interpreter to the legation to Turkey is $3,000 by Act March 2, 1901, c. 802, 31 Stat. 884. Rev. St. § 1744, prohibits the payment of salaries to officers mentioned in section 1675, or to assistant secretaries of legation in cases where the persons holding such offices are not citizens of the United States. See note under Rev. St. & 1679. Sec. 1679. Interpreter of legation to Japan. The interpreter to the legation to Japan shall receive a salary of two thousand five hundred dollars. Act Feb. 22, 1873, c. 181, § 1, 17 Stat. 472. The salary of the interpreter to the legation at Japan is $2,500, by Act March 2, 1901, c. 802, 31 Stat. 884. In addition to the salaries of the interpreters to the legations at Turkey and Japan, said act appro- priates also for salaries of the interpreters at the following places, the following sums, respectively: Legation and consulate-general to Persia, $1,500; legation and consulate-general to Korea, $500; legation and consulate-general at Bangkok, Siam, $500. It further provides that no person drawing the salary of interpreter as provided interpreters to lega- tions to Turkey, Japan, Persia, Korea, and Siam) shall be allowed any part of the salary appropriated for any secretary of legation or other officer. A similar provision is contained in each annual diplomatic and consular appropriation act since 1884. Said act also fixes the salary of the Chinese secretary to the legation to China at $3,000. Sec. 1680. [Repealed. Act Feb. 25, 1885, C. 150.] This section provided that the compensation of the secretary of the le- gation to China, if acting as interpreter, should be at the rate of $5,000 a year, and, if not, at the rate of $3,000 a year, and authorized the Pres- ident to appoint an interpreter, when the secretary of the legation could not act as such, said interpreter to have a salary of $5,000 a year. It is expressly repealed by Act Feb. 25, 1885, c. 150, 23 Stat. 322. A Chinese secretary to the legation to China, with a salary of $3,000, is provided for by Act March 2, 1901, c. 802, 31 Stat. 884. See note to Rev. St. § 1679. Sec. 1681. [Repealed. Act Feb. 25, 1885, C. 150.] This section originally provided that the minister at Uruguay should also be accredited to Paraguay. It was amended by Act March 3, 1875, Secs. 1681-1683) Tit. 18— DIPLOMATIC OFFICERS--Ch. 1. 1155 c. 153, 18 Stat. 483, so as to read, "The minister-resident to Uruguay, when also accredited to Paraguay, shall be entitled to compensation at the rate of ten thousand dollars per annum.” It is expressly repealed by Act Feb. 25, 1885, c. 150, 23 Stat. 322. The salary of the envoy-extraordinary and minister-plenipotentiary to Paraguay and Uruguay is $7,500, by Act March 2, 1901, c. 802, § 1, 31 Stat. 884. See note under Rev. St. $ 1675. Sec. 1682. [As amended 1875.) Minister to Guatemala, Costa Rica, Honduras, Salvador, and Nicaragua. There shall be but one minister resident accredited to Guatemala, Costa Rica, Honduras, Salvador, and Nicaragua; and the President may select the place of residence for the minister in any one of those States. And he shall receive compensation at the rate of ten thou- sand dollars per annum. Act May 22, 1872, c. 194, § 1, 17 Stat. 142. Act March 3, 1875, c. 153, 18 Stat. 484. The amendment of this section by Act March 3, 1875, c. 153, cited above, consists in the addition, at the end of the section as originally enacted, of the words, "And he shall receive compensation at the rate of ten thousand dollars per annum." The salary of the minister-resident accredited to Guatemala, Costa Rica, Honduras, Salvador, and Nicaragua was fixed at $10,000, by Rev. St. & 1675, prior to its amendment by Act March 3, 1875, c. 153. As amended by that act, the provision relating to said officer was omitted. The salary of the envoy-extraordinary and minister plenipotentiary to Guatemala and Honduras is $10,000, by Act March 2, 1901, c. 802, 8 1, 31 Stat. 884. The salary of the envoy-extraordinary and minister-pleni- potentiary to Nicaragua, Costa Rica, and Salvador is $10,000 by said act. See note under Rev. St. § 1675. Sec. 1683. Representatives to Hayti, Liberia, etc. There shall be a diplomatic representative of the United States to each of the republics of Hayti and Liberia, who shall be appointed by the President, by and with the advice and consent of the Senate; and shall be accredited as minister resident and consul-general. The representative at Hayti shall be entitled to a salary of seven thousand five hundred dollars a year; and the representative at Liberia to a salary not exceeding four thousand dollars a year. Act June 5, 1862, c. 96, 12 Stat. 421. Act July 25, 1866, c. 233, 14 Stit. 225. The salary of the minister-resident and consul-general to Hayti was fixed at $7,500, and the salary of the minister-resident and consul-general to Liberia was fixed at $4,000, by Rev. St. § 1675, prior to its amend- ment by Act March 3, 1875, c. 135. As amended by that act, said section made no mention of said officers. The representative of the United States at Hayti is entitled an en- voy-extraordinary and minister plenipotentiary, and he is accredited as chargé d'affaires to San Domingo, and his salary is $7,500, by Act March 2, 1901, c. 802, 31 Stat. 884. The salary of the minister-resi- dent and consul-general to Liberia is $4,000, by said act. See note under Rev. St. & 1675. 1156 Tit. 18— DIPLOMATIC OFFICERS —Ch. 1. (Secs. 1684-1686 Sec. 1684. Condition of compensation of chargé d'affaires or secretary. To entitle any chargé d'affaires, or secretary of any legation or em- bassy to any foreign country, or secretary of any minister plenipo- tentiary, to compensation, they shall respectively be appointed by the President, by and with the advice and consent of the Senate; but in the recess of the Senate the President is authorized to make such ap- pointments, which shall be submitted to the Senate at the next ses- sion thereafter, for their advice and consent; and no compensation shall be allowed to any chargé d'affaires, or any of the secretaries hereinbefore described, who shall not be so appointed. Act May 1, 1810, c. 44, § 2, 2 Stat. 608. Sec. 1685. Compensation of secretary of legation acting as chargé d'affaires. For such time as any secretary of legation shall be lawfully au- thorized to act as chargé d'affaires ad interim at the post to which he shall have been appointed, he shall be entitled to receive compensa- tion at the rate allowed by law for a chargé d'affaires at such post; but he shall not be entitled to receive, for such time, the compensa- tion allowed for his services as secretary of legation. Act Aug. 10, 1865, c. 127, § 10, 11 Stat. 56. The application of the provisions of this section is restricted by Act Feb. 25, 1885, c. 150, § 1, set forth below. ACT FEB. 25, 1885, c. 150, $ 1. Compensation of secretary of legation acting as chargé d'affaires dur- ing absence of minister without leave. * And hereafter no secretary or second secretary of any lega- tion shall be entitled to or receive any compensation over and above his salary as such secretary for acting as chargé d'affaires during the temporary or other absence without leave of the minister to whose duties he may succeed. * Act Feb. 25, 1885, c. 150, 23 Stat. 322. This is a provision of the diplomatic and consular appropriation act for the fiscal year ending June 30, 1886, cited above. See note under Rev. St. § 1675. Sec. 1686. Compensation of persons filling two offices. When to any diplomatic office held by any person there is super- added another, such person shall be allowed additional compensation for his services, in such superadded office, at the rate of fifty per centum of the amount allowed by law for such superadded office, and for such time as shall be actually and necessarily occupied in making the transit between the two posts of duty, at the commencement and termination of the period of such superadded office, and no longer; and such superadded office shall be deemed to continue during the time to which it is limited by the terms thereof. Act Aug. 18, 1856, c. 127, § 9, 11 Stat. 56. Secs. 1687-1688) Tit. 18— DIPLOMATIC OFFICERS—Ch. 1. 1157 Sec. 1687. Fees at legations to be accounted for. All fees collected at any of the legations shall be accounted for to the Secretary of the Treasury, and held subject to his draft, or other directions. Act Aug. 18, 1856, c. 127, § 18, 11 Stat. 58. ACT JUNE 11, 1874, c. 275, $ 1. , . Annual allowance to secretaries and messenger of legation at Paris from fees collected. * And the Secretary of State is authorized to allow and pay to the secretary of legation and to the second secretary of legation and to the messenger of the legation in Paris, from the moneys collected at the legation for the transmission of consular invoices, an amount not to exceed in the aggregate six hundred dollars in any one year, to be divided and distributed as the Secretary of State may, direct, provided that the surplus receipts are sufficient for that purpose. Act June 11, 1874, c. 275, $ 1, 18 Stat. 66. This is a provision of the diplomatic and consular appropriation act for the fiscal year ending June 30, 1875, cited above. * ACT MARCH 3, 1875, c. 130, $ 1. Rent of buildings for legation at Peking. * * That the Secretary of State be, and he is hereby, authorized to rent, furnish, and keep suitable buildings, with grounds appurte- nant, at Peking, for the use of the legation in China, at an annual cost not exceeding five thousand dollars; that the period of such lease shall be for two or more years, and with renewals, as the Sec- retary of State shall determine. Act March 3, 1875, c. 130, 81, 18 Stat. 377. This is a provision of the sundry civil appropriation act for the fiscal year ending June 30, 1876, cited above. The provision is repeated in Act March 3, 1875, c. 131, § 1, 18 Stat. 405. An appropriation of $3,600 is made for rent for the legation at Peking by Act March 2, 1901, c. 802, 31 Stat. 885; and an appropriation of $40,000 is made by said act for the purchase of grounds adjacent to the present legation, and the erection of buildings thereon. Provisions making appropriations for the expense of keeping prisoners in foreign countries are set forth under Title XLVII, "Foreign Rela- tions." Sec. 1688. Uniforms and official costumes. No person in the diplomatic service of the United States shall wear any uniform or official costume not previously authorized by Congress. Res. March 27, 1867, No. 15, 15 Stat. 23. 1158 Tit. 18— DIPLOMATIC OFFICERS —Ch. 2. CHAPTER TWO. Consular Officers. Sec. 1689. Application of general provisions in this Title. 1690. Appointment and salaries of con- sular officers. Act March 3, 1875, c. 157. Consulate at Amoor River discon- tinued; consuls at Vladivostock, Fayal, and Auckland may engage in business. Act Feb. 18, 1876, c. 12. Consulate at Aix-la-Chapelle remov- ed to Cologne; consulate at Omoa and Truxillo removed to Utila. Act Feb. 11, 1878, c. 14. Consulate at Omoa and Truxillo changed to Ruatan and Truxillo. 1691. Consuls, etc., not to hold office at different consulates. Act Feb. 25, 1885, c. 150. Consuls and consuls-general not to receive salary of secretary of le- gation or interpreter. 1692. [Repealed.] Act June 11, 1874, c. 275, $ 3. Interpreters at consulates in China and Japan. 1693. Salary of interpreter at Bangkok. 1694. Consul at Trinidad de Cuba. 1695. Extent of consulates, and appoint- ment of vice-consular officers. 1696. Expenses of vice-consulates and consular agencies. 1697. Bonds of consular officers to be furnished and deposited with Secretary of the Treasury; [suits on bonds.] Act June 11, 1874, c. 275, $ 1. Bonds of consular officers not receiv- ing salary. 1698. Bonds of vice-consuls; [deposit with Secretary of Treasury; suits on bonds. ] 1699. Consular officers not to transact business. 1700. Extension of prohibition upon transacting business. 1701. Penalty for illegally transacting business, Sec. 1702. Compensation of consuls where fees amount to $3,000. 1703. Compensation of vice-consuls, vice-commercial agents, and consular agents. 1704. Appointment of consular clerks. Act June 11, 1874, c. 275, $ 5. Salary of consular clerks after five years' service. 1705. Examination and removal of con- sular clerks. 1706. Actual expenses may be allowed to consuls-general, etc., who are not allowed to trade. 1707. Protests. 1708. Lists and returns of seamen, ves- sels, etc. 1709. Estates of decedents. 1710. Notification of death. 1711. Decedent's directions to be fol- lowed. 1712. Commercial [and agricultural] re- ports. Act Jan. 27, 1879, c. 28, § 1. Statement of exports and imports, and of rate of wages. 1713. Prices current. 1714. Construction of powers. 1715. Certifying invoices. 1716. Exacting excessive fees for veri- fying invoices. 1717. Certificate for goods from coun- tries adjacent to United States. 1718. Fees allowed for official service. 1719. No profit from discharged seamen. 1720. Restriction on amount of fees. 1721. Fees in British North America. 1722. Tonnage fees in Canada. 1723. Exacting excessive fees. 1724. Penalty for omission to collect fees. 1725. Returns of fees. 1726. Receipts for fees. 1727. Registering receipts for fees. 1728. Verification of account of fees. 1729. Fees of officers not included in Schedules B and C. Secs. 1689–1690) 1159 Tit. 18— DIPLOMATIC OFFICERS —Ch. 2. Sec. Act July 7, 1884, c. 334, $ 1. Consular officers not to appropriate or expend fees in excess of allow- ance. 1730. Compensation of officers not em- braced in Schedules B and C. 1731. Rates of fees to be posted up. 1732. Excess of fees above $2,500. 1733. Excess of fees above $1,000. 1734. Embezzlement. Sec. 1735. Neglect of duty, etc. 1736. Neglect of duty to seamen; cor- rupt conduct. 1737. False certificate of property. 1738. When consular officers may per- form diplomatic functions. 1739. Compensation of consular officer performing diplomatic func- tions. Sec. 1689. Application of general provisions in this Title. The various provisions of this Title which are expressed in terms of general application to any particular classes of consular officers, shall be deemed to apply as well to all other classes of such officers, so far as may be consistent with the subject-matter of the same, and with the treaties of the United States. Act Aug. 18, 1856, c. 127, $ 31, 11 Stat. 64. Provisions relating to consular courts in foreign countries are set forth under Title XLVII, "Foreign Relations." Sec. 1690. [As amended 1874.] Appointment and salaries of consular officers. Consuls-general, consuls, and commercial agents appointed to the ports and places specified in Schedules B and C, are entitled to an- nual salaries respectively, at the rates specified therein. And when- ever the President thinks proper to appoint a consul to any port or place named in the schedules B and C for a commercial agency in- stead of such commercial agent, or vice versa, and an appointment is made accordingly, the compensation for such consular officer shall be the same in any such case as that fixed for such port or place in the schedule embracing the same; or whenever the President thinks the public interests will be subserved by appointing to any such port or place a consul-general instead of a consul or commercial agent, and an appointment is made accordingly, the compensation for such consul-general shall be the same as that fixed for such port or place in the schedule embracing the same. Act Aug. 18, 1856, c. 127, § 3, 11 Stat. 52. Act June 11, 1874, c. 275, 18 Stat. 67. This section, as originally enacted in the Revised Statutes, incorpo- rated provisions of the following acts: Act Aug. 18, 1856, c. 127, § 3, 11 Stat. 52; Act Feb. 28, 1861, c. 58, § 1, 12 Stat. 171; Act Feb. 4. 1862, c. 17, § 1, 12 Stat. 335; Act June 20, 1864, c. 136, § 1, 13 Stat. 138, 139; Act July 25, 1866, c. 233, § 1, 14 Stat. 225; Act Feb. 28, 1867, c. 99, 14 Stat. 412; Act March 30, 1868, c. 38, § 1, 15 Stat. 57; Act March 3, 1869, c. 125, § 7, 15 Stat. 322; Act May 17, 1872, c. 169, 17 Stat. 120; Act June 8, 1872, c. 332, 17 Stat. 282; Act Feb. 22, 1873, c. 184, § 1, 17 Stat. 471,-all of which are acts making appro- priations for the diplomatic and consular service. The first paragraph of the section, set forth above, was followed in the Revised Statutes by schedules enumerating the various consular offices, and stating the sal- 1160 (Sec. 1690 Tit. 18— DIPLOMATIC OFFICERS —Ch.2. ary attached to each. These schedules were designated “Schedule B” and “Schedule C.” Schedule B was subdivided into three classes, as fol- lows: I, Consuls-general; II, Consuls; III, Commercial Agents. Sched- ule C was subdivided into two classes, as follows: I, Consuls; II, Com- mercial Agents. Act June 11, 1874, c. 275, § 1, 18 Stat. 67, after appropriating vari- ous sums for the salaries etc., of the diplomatic officers, contains the following clause: "That Schedules B and C in section three of the act entitled 'An act to regulate the diplomatic and consular systems of the United States,' approved August eighteenth, eighteen hundred and fifty- six, shall from and after the first day of July next, read as follows." The act referred to is one of the diplomatic and consular appropriation acts incorporated into Rev. St. § 1690, as stated above. None of the subsequent similar appropriation acts contain such a clause. Act June 11, 1874, c. 275, though passed before the enactment of the Revised Stat- utes, has effect as a subsequent statute, by virtue of Rev. St. & 5601; and Schedules B and C therein, following the clause quoted above, have effect as an amendment of Schedules B and C, contained in Rev. St. & 1690, and are set forth below as part of said section as so amended. In the amended schedules, the division into classes is changed. The consuls-general are not placed in any specific class: the consuls are di- vided into seven classes, each class having attached thereto a fixed salary; and the commercial agents are placed in the seventh class. This classification has been adhered to in the subsequent diplomatic and consular appropriation acts, except that the salary attached to class I has been increased. The changes made in this section by the amending act are indicated in the notes under each paragraph so chan- ged. For the reasons stated in the note under Rev. St. $ 1675, the pro- visions of the diplomatic and consular appropriation act for the fiscal year ending June 30, 1902, Act March 2, 1901, c. 802, 31 Stat. 887, re- lating to the salaries of consular officers are also set forth in notes following each paragraph of this section. Consular officers who receive no fixed salary, being compensated by fees, are not included in the pro- visions of the diplomatic and consular appropriation acts. Their names and the places to which they are credited may be found in the Official Register for 1901. SCHEDULE B. The agent and consul-general at Cairo shall be entitled to com- pensation for his services at the rate of four thousand dollars per annum. The agent and consul-general at Cairo is a "diplomatic officer," as distinguished from a "consular officer,” within the meaning of that term as defined by the fifth paragraph of Rev. St. & 1674. Prior to January 8, 1874, his title was that of "agent and consul-general at Alexandria.” By joint resolution of January 8, 1874, set forth ante, under Rev. St. § 1676, it was provided that "the name and title of the agent and con- sul-general of the United States at Alexandria should be agent and consul-general of the United States at Cairo." His salary as agent and consul-general at Alexandria was fixed at $3,500 by Rev. St. & 1675, prior to its amendment by Act March 3, 1875, c. 153, but as amended by that act said section makes no mention of such an officer. Rev. St. $ 1676, as amended by Act March 3, 1875, c. 153, provides that “the agent and consul-general at Cairo shall be entitled to compensation at the rate of $3,500 per annum." The act of which this paragraph forms a part was passed prior to said Act March 3, 1875, c. 153, and, under the decisions of the supreme court and the court of claims, may be re- garded as impliedly repealed thereby, so far as the salary is concerned. It is, however, retained here as part of the amended Schedule B, and Sec. 1690) 1161 Tit. 18— DIPLOMATIC OFFICERS -Ch. 2. as being permanent in its operation in so far as any of these provisions can be regarded as permanent. The salary of said consul-general is $5,000, under the diplomatic and consular appropriation act for the fiscal year ending June 30, 1902. Act March 2, 1901, c. 802, § 1, 31 Stat. 883. The consuls-general at London, Paris, Havana, and Rio Janeiro shall each be entitled to compensation for their services at the rate of six thousand dollars per annum. The salaries of three of the above-named consuls-general were fixed by this section, prior to its amendment as set forth here, at the follow- ing sums: London, $7,500; Paris, $5,000; Havana, $6,000. No pro- vision was made for a consul-general at Rio de Janeiro. The salary of the consul at that place was $6,000. The salaries of the consuls-general at London, Paris, and Rio de Ja- neiro are $5,000 each, by Act March 2, 1901, c. 802, 31 Stat. 887. No appropriation is made in that act for the salary of a consul-general at Havana. The consuls-general at Calcutta and Shanghai shall each be en- titled to compensation for their services at the rate of five thousand dollars per annum. The salaries of the above-named consuls-general were fixed at $5,000 and $4,000, respectively, by this section, prior to its amendment as set forth here. No change is made by Act March 2, 1901, c. 802, 31 Stat. 887. The consul-general at Melbourne shall be entitled to compensa- tion for his services at the rate of four thousand five hundred dol- lars per annum. The salary of the consul at Melbourne was fixed at $4,000 by this sec- tion prior to its amendment as set forth here. No change is made by Act March 2, 1901, c. 302, 31 Stat. 887. The consuls-general at Kanagawa, Montreal, and Berlin shall each be entitled to compensation for their services at the rate of four thousand dollars per annum. The salary of the consul at Kanagawa was fixed at $3,000 by this section prior to its amendment as set forth here; the salary of the consul-general at Montreal, at $4,000; and no provision was made for either a consul or consul-general at Berlin. The salaries of the consuls-general at Berlin and Montreal are $4,000 each, by Act March 2, 1901, c. 802, 31 Stat. 887. No provision is made therein for the salary of a consul or consul-general at Kanagawa, but a consul-general at Yokohama, at a salary of $4,000, is provided for. The consuls-general at Vienna, Frankfort, Rome, and Constanti- nople shall each be entitled to compensation for their services at the rate of three thousand dollars per annum. The salaries of the consuls-general at Frankfort, Rome, and Constan- tinople were fixed at $3,000, $1,500, and $3,000, respectively, by this section, prior to its amendment as set forth here; and the salary of the consul at Vienna was fixed at $5,000; and the salary of the consul at Rome was fixed at $1,500. The salaries of the consuls-general at Vienna, Frankfort, and Rome are $3,000, $1,500, and $3,000, respectively, by Act March 2, 1901, c. 802, 31 Stat. 888. The consul-general at Constantinople is also accred- ited as agent at Sofia, and his salary is fixed at $5,000 by said act. 1162 (Sec. 1690 Tit. 18— DIPLOMATIC OFFICERS —Ch. 2. The consuls-general at Saint Petersburg and Mexico shall each be entitled to compensation for their services at the rate of two thousand dollars per annum. The salary of the consul-general at Mexico was fixed at $1,000 by this section prior to its amendment as set forth here; and the salary of the consul at St. Petersburg, at $2,000. The salaries of the consuls-general at Saint Petersburg and Mexico are $3,000 and $4,000, respectively, by Act March 2, 1901, c. 802, 31 Stat. 888. The following additional consuls-general are provided for by Act March 2, 1901, c. 802, 31 Stat. 888; Christiania, salary, $1,500; Co- burg, salary, $2,000; Guatemala, salary, $2,000; Maracaibo, salary, $2,000; Monterey, salary, $2,500; Ottawa, salary, $4,000; Saint Gall, salary, $3,000; and Yokohama, salary, $4,000. The consul at Liverpool shall be entitled to compensation for his services at the rate of six thousand dollars per annum. The salary of the consul at Liverpool was fixed at $7,500 by this sec- tion prior to its amendment as set forth here. The consul at Liverpool is placed in class I of Schedule B of the con. sulates, at a salary of $5,000, by Act March 2, 1901, c. 802, 31 Stat 888. The following consulates shall be divided into seven classes, to be known, respectively, as classes one, two, three, four, five, six, and seven, and the consuls at such consulates shall each be entitled to compensation for their services per annum at the rates respective- ly specified herein, to wit: The division of the consulates into seven classes, as set forth above, is adhered to in the subsequent annual appropriation acts, including Act March 2, 1901, c. 802, 31 Stat. 887, with one change, viz., that the salary attached to class I is fixed at $5,000, instead of $4,000, as pro- vided by this paragraph. Class one, four thousand dollars. The salary attached to consulates of this class is $5,000, by Act March 2, 1901, c. 802, 31 Stat. 887. Class two, three thousand five hundred dollars. Class three, three thousand dollars. Class four, two thousand five hundred dollars. Class five, two thousand dollars. Class six, one thousand five hundred dollars. Class seven, one thousand dollars. CLASS I. Great Britain.-Hong-Kong. The salary of the consul at Hong-Kong was fixed at $3,500 by this section prior to its amendment as set forth here. The representative of the United States at Hong-Kong is designated as consul-general, and his salary is $5,000, by Act March 2, 1901, c. 802, 31 Stat. 887. Hawaiian Islands.--Honolulu. The Hawaiian Islands having become a part of the territory of the United States, no consular officers therein are provided for by Act March 2, 1901, c. 802, 31 Stat. 887. Sec. 1690) 1163 Tit. 18— DIPLOMATIC OFFICERS —Ch. 2. CLASS II. China.—Fowchow, Hankow, Canton, Amoy, Chin-Kiang, Tien- Tsin, Ningpo, Swatow. The salaries of the above-named consuls were fixed at the following sums by this section prior to its amendment as set forth here: Fow- chow, $3,500; Hankow, $3,000; Canton, $4,000; Amoy, $3,000; Chin- Kiang, $3,000; Tien-Tsin, $3,500; Ningpo, $3,000; Swatow, $3,500. No change is made in the salaries of the consuls at Canton, Amoy, and Tien-Tsin by Act March 2, 1901, c. 802, 31 Stat. 887. The con- sulates at Fowchow, Hankow, and Chin-Kiang are transferred to class III by said act. No appropriation is made in said act for salaries of consuls at Ningpo or Swatow. Peru.—Callao. No change was made by the amending act. No change is made by Act March 2, 1901, c. 802, 31 Stat. 888. CLASS III. Great Britain.—Manchester, Glasgow, Bradford, Demerara. The salaries of the consuls at Manchester, Glasgow, and Demerara were fixed at $3,000, $3,000, and $2,000, respectively, by this section prior to its amendment as set forth here. No provision was made for a consulate at Bradford. No change is made by Act March 2, 1901, c. 802, 31 Stat. 887. French Dominions.-Havre. The salary of the consul at Havre was fixed at $6,000 by this section prior to its amendment as set forth here. The consulate at Havre is placed in class II by Act March 2, 1901, c. 802, 31 Stat. 887. Spanish Dominions.—Matanzas. The salary of the consul at Matanzas was fixed at $2,500 by this sec- tion prior to its amendment as set forth here. No appropriation is made for the salary of a consul at Matanzas by Act March 2, 1901, c. 802, 31 Stat. 887. Barbary States.—Tripoli, Tunis, Tangiers. No change was made by the amending act. The representative of the United States at Tangiers is designated as consul-general, and his salary is $2,000, by Act March 2, 1901, c. 802, 31 Stat. 887. No appropriation is made in said act for salaries of con- suls at Tripoli or Tunis. Japan.—Nagasaki, Osako, and Hiogo. No change was made by the amending act. No change is made by Act March 2, 1901, c. 802, 31 Stat. 887. Mexico.-Vera Cruz. The salary of the consul at Vera Cruz was fixed at $3,500 by this section prior to its amendment as set forth here. No change is made by Act March 2, 1901, c. 802, 31 Stat. 887. Siam.—Bangkok. No change was made by the amending act. The representative of the United States at Siam is designated minister resident and consul, and his salary is $7,500, by Act March 2, 1901, c. 802, 31 Stat. 887. 1164 (Sec. 1690 Tit. 18— DIPLOMATIC OFFICERS —Ch. 2. United States of Colombia.—Panama, Colon, (Aspinwall.) The salaries of the consuls at Panama and Colon were fixed at $3,500 and $2,500, respectively, by this section prior to its amendment as set forth here. The classification of the consulate at Colon is not changed by Act March 2, 1901, c. 802, 31 Stat. 887. The representative of the United States at Panama is designated consul-general, and his salary is $4,000, by said act. Argentine Republic.—Buenos Ayres. The salary of the consul at Buenos Ayres was fixed at $2,500 by this section prior to its amendment as set forth here. The consulate at Buenos Ayres is transferred to class IV by Act. March 2, 1901, c. 802, 31 Stat. 887. Chili.—Valparaiso. No change was made by the amending act. No change is made by Act March 2, 1901, c. 802, 31 Stat. 887. The following additional consulates in this class are provided for by Act March 2, 1901, c. SO2, § 1, 31 Stat. 887: Cheefoo, Dawson City, Niuchwang, Nottingham. - CLASS IV. Great Britain.-Birmingham, Sheffield, Belfast, Singapore, Tun- stall. The salaries of the consuls at Birmingham, Belfast, Singapore, and Tunstall were fixed at $2,500, $2,000, $2,500, and $1,500, respectively, by this section prior to its amendment as set forth here. No provision was made for a consulate at Sheffield. The classification of the consulates at Birmingham, Sheffield, and Tun- stall is not changed by Act March 2, 1901, c. 802, 31 Stat. 887. The consulate at Belfast is transferred to class III by said act. The repre- sentative of the United States at Singapore is designated consul-general, and his salary is $3,000, by said act. French Dominions.-Marseilles, Lyons, Bordeaux. The salaries of the consuls at Marseilles, Lyons, and Bordeaux were fixed at $2,500, $2,000, and $2,000, respectively, by this section prior to its amendment as set forth here. No change is made in the classification of the consulate at Lyons by Act March 2, 1901, c. 802, 31 Stat. 887. The consulate at Bordeaux is transferred to class III by said act. The representative at Marseilles is designated consul-general, and his salary is $2,500, by said act. Spanish Dominions.-Trinidad de Cuba, Santiago de Cuba. No change was made by the amending act. The Island of Cuba being temporarily in the possession of the United States at the time of the passage of Act March 2, 1901, c. 802, 31 Stat. 887, no consular officers therein are provided for by that act. Belgium.-Antwerp, Brussels. No change was made in the salary of the consul at Antwerp by the amending act. No provision was made for a consul at Brussels by this section prior to its amendment as set forth here. The classification of the consulate at Brussels is not changed by Act March 2, 1901, c. 302, 31 Stat. 887. The representative of the United States at Antwerp is designated consul-general, and his salary is $3,000, by said act. - Sec. 1690) 1165 Tit:18- DIPLOMATIC OFFICERS -Ch. 2. Danish Dominions.-Saint Thomas. .. The salary of the consul at Saint Thomas was fixed at $4,000 by this section prior to its amendment as set forth here. No change is made by Act March 2, 1901, c. 802, 31 Stat. 887. Germany.—Hamburg, Bremen, Dresden. The salaries of the consuls at Hamburg and Bremen were fixed at $2,000 and $3,000, respectively, by this section prior to its amendment as set forth here. No provision was made therein for a consulate at Dresden. The classification of the consulates at Hamburg and Bremen are not changed by Act March 2, 1901, c. SO2, 31 Stat. 887. The representative of the United States at Dresden is designated consul-general, and his salary is $3,000, by said act. Japan.-Hakodadi. No change was made by the amending act. No provision is made for the salary of a consul at Hakodadi by Act March 2, 1901, c. 802, 31 Stat. 887. The following additional consulates in this class were provided for by Act March 2, 1901, c. 802, § 1, 31 Stat. 887: Annaberg, Athens, Ciudad Jurarez, Edinburgh, Huddersfield, Mainz, Plauen, Reichenberg, Santos, Swansee, and Victoria (B. C.). CLASS V. Great Britain.-Leeds, Southampton, Dundee, Leith, Cork, Dub- lin, Toronto, Hamilton, Coaticook, Halifax, Saint John's, (New Brunswick,) Kingston, Jamaica,) Nassau, (New Providence,) Turk's Islands, Cardiff, Port Louis, (Mauritius.) The salaries of the consuls at Leeds, Southampton, Dundee, Cork, Halifax, Kingston, Nassau, and Turk's Islands were not changed by the amending act. The salaries of the consuls at Toronto and Coaticook were fixed at $1,500 by this section prior to its amendment as set forth here. The salary of the consul at Mauritius (Port Louis) was fixed at $2,500. No provision was made for consulates at Leith, Dublin, Hamil- ton, Saint Johns (N. B.), or Cardiff. The classification of the consulates at Leeds, Cork, Dublin, Toronto, Hamilton, Saint Johns (N. B.), Nassau, Cardiff, and Port Louis is not changed by Act March 2, 1901, c. 802, 31 Stat. 887. The representative of the United States at Halifax is designated consul-general, and his salary is $3,000, by said act. The consulate at Kingston is transferred to class III by said act. The consuls at Southampton and Dundee are transferred to class IV by said act. The consul at Coaticook is trans- ferred to class VI by said act. No provision is made in said act for sal- aries of consuls at Leith or Turk's Islands. Russia.–Odessa, Amoor River. The salary of the consul at Odessa was fixed at $2,000 by this section prior to its amendment as set forth here, and the salary of the com- mercial agent was fixed at $1,000. The consulate at Amoor River was discontinued, and Vladivostok way made a consulate of class V in Schedule B, by Act March 3, 1875, c. 157, set forth below at the end of this section. The consuls at Odessa and Vladivostok are transferred to class IV by Act March 2, 1901, c. 802, 31 Stat. 887. Spanish Dominions.—San Juan, (Porto Rico.) No change was made by the amending act. Porto Rico having become a part of the territory of the United States, 1166 (Sec. 1690 Tit. 18— DIPLOMATIC OFFICERS ---Ch. 2. no representatives thereto are provided for by Act March 2, 1901, c. 802, 31 Stat. 887. Portugal.—Lisbon. The salary of the consul at Lisbon was fixed at $1,500 by this section prior to its amendment as set forth here. No appropriation is made for the salary of a consul at Lisbon by Act March 2, 1901, c. 802, 31 Stat. 887. Dominion of the Netherlands.—Rotterdam. No change was made by the amending act. The consul at Rotterdam is transferred to class IV by Act March 2, 1901, c. 802, 31 Stat. 887. Germany.--Sonneberg, Nuremberg, Barmen, Chemnitz, Leipsic, Aix-la-Chapelle. The salaries of the consuls at Barmen, Chemnitz, Leipsic, and Aix-la- Chapelle were fixed at $1,500, $2,000, $1,500, and $2,500, respectively, by this section prior to its amendment as set forth here. No provision was made for consulates at Sonneberg or Nuremberg. The consulate at Aix-la-Chapelle was removed to Cologne by Act Feb. 18, 1876, c. 12, set forth below at the end of this section. The consu- lates at Barmen and Nuremberg are transferred to class III by Act March 2, 1901, c. 802, 31 Stat. 887. The classification of the consul at Leipsic is not changed by said act. No appropriation for the salary of a consul at Sonneberg is made by said act; the consulate at Cologne is placed in class V; and the consulates at Aix-la-Chapelle and Chemnitz are transferred to class IV. Austria-Hungary.—Trieste, Prague. No change was made in the salary of the consul at Trieste by the amending act. No provision was made for a consulate at Prague prior to this amendment. No change is made in the salary of the consul at Trieste by Act March 2, 1901, c. 802, 31 Stat. 587. The consulate at Prague is transferred to class III by said act. Switzerland.-Basle, Zurich. The salaries of the consuls at Basle and Zurich were fixed at $2,000 and $1,500, respectively, by this section prior to its amendment as set forth here. The consuls at Basle and Zurich are transferred to classes III and IV, respectively, by Act March 2, 1901, c. 802, 31 Stat. 887. Turkish Dominions.--Smyrna, Beirut. No change was made by the amending act in the salary of the consul at Smyrna. The representative of the United States at Beirut was des- ignated consul-general, and his salary fixed at $2,000, by this section prior to its amendment. The consulate at Smyrna is transferred to class IV by Act March 2, 1901, c. 802, 31 Stat. 887. No change is made in the classification of the consulate at Beirut by said act. Madagascar.—Tamatave. No change was made by the amending act. No change is made by Act March 2, 1901, c. 802, 31 Stat. 887. Mexico.-Acapulco, Matamoras. No change was made by the amending act. The consulate at Matamoras is transferred to class VI by Act March 2, 1901, c. 802, 31 Stat. 887. No change is made in the consulate at Aca- pulco by said act. Sec. 1690) 1167 Tit. 18 DIPLOMATIC OFFICERS —Ch. 2. Brazil.Pernambuco. No change was made by the amending act. The consulate at Pernambuco is transferred to class IV by Act March 2, 1901, c. 302, 31 Stat. 887. Uruguay.-Montevideo. The salary of the consul at Montevideo was fixed at $1,000 by this section prior to its amendment as set forth here. The consul at Montevideo is transferred to class III by Act March 2, 1901, c. 802, 31 Stat. 887. The following additional consulates in this class are provided for by Act March 2, 1901, c. 802, 31 Stat. 887: Aarau, Asuncion, Bamberg, Barranquilla, Berne, Bombay, Brunswick, Calais, Chatham, Chihuahua, Ciudad Porfirio Diaz, Collingwood, Crefeld, Curaçao, Domfermline, Dus- seldorf, Erzerum, Ghent, Galuchau, Hamilton (Ont.), Hanover, Kehl, London (Can.), Lourenco Marquez, Managua, Mazatlan, Nuevo Larado. Pretoria, Rheims, Roubaix, Saint Etienne, Saint Johns (Newfoundland), Saint Thomas, San Jose, San Salvador, Sherbrooke, Solingen, Sydney, Tegucigalpa, Trinidad, Vancouver, Weimar. CLASS VI. Great Britain.—Bristol, New Castle, Auckland, Gibraltar, Malta, Cape Town, Saint Helena, Goderich, (Canada West,) Kingston, (Canada,) Prescott, Port Sarnia, Windsor, (Canada West,) Quebec, Saint John's, (Canada East,) Picton, Charlottetown, (Prince Ed- ward Island,) Winnipeg, Barbadoes, Bermuda, Port Stanley, Mahe, (Seychelles,) Fort Erie, Clifton. The salaries of the consuls at New Castle, Malta, Saint Helena, God- erich, Kingston, Prescott, Port Sarnia, Windsor, Quebec, Saint Johns (Quebec), Pictou, Charlottetown (P. E. I.), Winnipeg, Mahe (Seychel- les), Fort Erie, and Clifton were not changed by the amending act. The salaries of the consuls at Gibraltar and Cape Town were fixed at $1,000 by this section prior to its amendment as set forth here. No provision was made therein for consulates at Bristol, Auckland, Barbadoes, Ber- muda, or Port Stanley. The classification of the consulates at Bristol, Gibraltar, Goderich, Kingston, Prescott, Port Sarnia, Windsor, Saint Helena, Saint Johns. Charlottetown, Winnipeg, and Fort Erie is not changed by Act March 2, 1901, c. 302, 31 Stat. 887. The consulate at Quebec is transferred to class III by said act. The consulate at Barbadoes is transferred to class IV by said act. The consulates at Auckland, Malta, New Castle, and Port Stanley are transferred to class V by said act. The represent- ative of the United States at Cape Town is designated consul-general, and his salary is $3,000, by said act. No provision is made for salaries of consuls at Pictou, Bermuda, Mahe, or Clifton by said act. French Dominions.—Nantes, Nice, La Rochelle, Algiers, Marti- nique. No change was made in the salaries of the consuls at Nantes, Nice, La Rochelle, or Algiers by the amending act. No provision was made for a consulate at Martinique by this section prior to its amendment as set forth here. The classification of the consulates at Nantes, Nice, La Rochelle, and Martinique is not changed by Act March 2, 1901, c. 802, 31 Stat. 887. No appropriation is made in said act for the salary of a consul at Al- giers. 1168 (Sec. 1690 Tit. 18— DIPLOMATIC OFFICERS —Ch. 2. Spanish Dominions.—Cadiz, Malaga, Malaga, Barcelona, Barcelona, Port Mahon, Valencia. No change was made by the amending act. The classification of the consulates at Cadiz, Malaga, and Valencia is not changed by Act March 2, 1901, c. 802, 31 Stat. 887. The represent- ative of the United States at Barcelona is designated consul-general, and his salary is $3,000, by said act. No provision is made in said act for the salary of a consul at Port Mahon. Portuguese Dominions.-Fayal, (Azores,) Oporto, Funchal. The salaries of the consuls at Oporto and Funchal were not changed by the amending act. The salary of the consul at Fayal was fixed at $750 by this section prior to its amendment as set forth here. The classification of the consul at Funchal is not changed by Act March 2, 1901, c. 802, 31 Stat. 887. No appropriation is made for the salary of consuls at Fayal and Oporto by said act. Belgium.-Verviers and Liege. No provision was made for consulates at Verviers or Liege in this sec- tion, prior to its amendment as set forth here. The consulate at Liege is transferred to class V by Act March 2, 1901, c. 802, 31 Stat. 887. No appropriation for the salary of a consul at Ver- viers is made by said act. Dominions of the Netherlands.-Amsterdam. The salary of the consul at Amsterdam was fixed at $1,000 by this section prior to its amendment as set forth here. No change is made by Act March 2, 1901, c. 882, 31 Stat. 887. Danish Dominions.-Santa Cruz, Copenhagen. No change was made in the salary of the consul at Santa Cruz by the amending act. No provision was made for a consulate at Copenhagen in this section prior to its amendment as set forth here. The consulate at Copenhagen is transferred to class V by Act March 2, 1901, c. 802, 31 Stat. 887. No appropriation is made in said act for the salary of a consul at Santa Cruz. Germany.-Mannheim, Munich, Stuttgart. No change was made in the salary of the consul at Munich by the amending act. The salary of the consul at Stuttgart was fixed at $1,000 by this section prior to its amendment as set forth here. No provision was made therein for a consulate at Mannheim. The classification of the consulate at Mannheim is not changed by Act March 2, 1901, c. 802, 31 Stat. 887. The consulate at Stuttgart is trans- ferred to class IV, and the consulate at Munich to class V, by said act. Switzerland.—Geneva. No change was made by the amending act. No change is made by Act March 2, 1901, c. 802, 31 Stat. 887. Italy.-Genoa, Leghorn, Florence, Palermo, Messina, Naples. The salaries of the consuls at Genoa, Leghorn, Palermo, Messina, and Naples were not changed by the amending act. No provision for a con- sulate at Florence was made in this section, prior to its amendment as set forth here. The classification of the consulates at Florence and Messina is not changed by Act March 2, 1901, c. 802, 31 Stat. 887. The consulates at Genoa, Leghorn, Palermo, and Naples are transferred to class V by said act. - Sec. 1690) 1169 Tit. 18— DIPLOMATIC OFFICERS —Ch. . 2. Turkish Dominions.-Jerusalem, Port Said. No change was made by the amending act in the salary of the consul at Jerusalem. The salary of the consul at Port Said was fixed at $2,000 by this section prior to its amendment as set forth here. The consulate at Jerusalem is transferred to class IV by Act March 2, 1901, c. 802, 31 Stat. 887. No provision is made in said act for the salary of a consul at Port Said. Mexico.—Tampico. The representative of the United States at Tampico ranked as a con- sul-general, and was entitled to the salary of $1,500, under the provi- sions of this section prior to its amendment as set forth here. Provision was also made for a consul at Tampico at a salary of $1,000. The consulate at Tampico is transferred to class V by Act March 2, 1901, c. 802, 31 Stat. 887. Venezuela.-Laguayra. No change was made by the amending act. The consulate at Laguayra is transferred to class V by Act March 2, 1901, c. 302, 31 Stat. 887. Brazil.—Bahia. The salary of the consul at Bahia was fixed at $1,000 by this section prior to its amendment as set forth here. The consulate at Bahia is transferred to class IV by Act March 2, 1901, c. 802, 31 Stat. 887. San Domingo.—San Domingo. The representative of the United States at San Domingo was desig- nated commercial agent, and his salary fixed at $1,500, by this section prior to its amendment as set forth here. The representative of the United States at San Domingo is designated consul-general, and his salary is $2,000, by Act March 2, 1901, c. 802, 31 Stat. 887. The following additional consulates in this class are provided for by Act March 2, 1901, c. 802, 31 Stat. 887: Aden, Alexandretta, Amherst- burg, Antigua, Belize, Breslau, Brockville, Cartagena, Castellamere, Ca- tania, Cornwall, Durango, Freiburg, Gothenburg, Grenoble, Guadaloupe, Guelph, Harput, Hull, Limoges, Moscow, Niagara Falls, Nogales, Orillia, Port Hope, Progreso, Puerto Cabello, Rosario, Saint Christopher, Saint Hyacinthe, Saint Michaels, Saint Pierre, Saint Stephen, Sierra Leone, Sivas, Stratford, Sydney, San Salvador, Tamsui, Teneriffe, Three Rivers, Wallaceberg, Woodstock, Yarmouth, and Zittau. SCHEDULE C. CLASS VII. Great Britain.-Ceylon, Gaspe Basin, Windsor, (Nova Scotia.) The salaries of the consuls at Ceylon and Windsor were not changed by the amending act. No provision was made for a consulate at Gaspe Basin in this section prior to its amendment as set forth here. The classification of the consulates at Gaspe Basin and Windsor is not changed by Act March 2, 1901, c. 802, 31 Stat. 887. The consulate at Ceylon is transferred to class VI by said act. Germany. -Stettin. No change was made by the amending act. The consulate at Stettin is transferred to class VI by Act March 2, 1901, c. 802, 31 Stat. 887. LAWS '01-74 1170 (Sec. 1690 Tit. 18—DIPLOMATIC OFFICERS —Ch. 2. Hayti.—Cape Haytien. No change was made by the amending act. No change is made by Act March 2, 1901, c. 802, 31 Stat. 887. United States of Colombia.—Sabanilla. The salary of the commercial agent at Sabanilla was fixed at $500 by this section prior to its amendment as set forth here. No appropriation is made for the salary of a consul at Sabanilla by Act March 2, 1901, c. 302, 31 Stat. 887. Ecuador.--Guyaquil. The salary of the consul at Guyaquil was fixed at $750 by this sec- tion prior to its amendment as set forth here. The representative of the United States at Guyaquil is designated consul-general, and his salary is $3,000, by Act March 2, 1901, c. 802, 31 Stat. 887. Netherlands.--Batavia. No change was made by the amending act. No change is made by Act March 2, 1901, c. 802, 31 Stat. 887. Brazil.—Maranham, Para, Rio Grande de Sul. No change was made by the amending act. The consulate at Para is transferred to class IV by Act March 2, 1901, c. 802, 31 Stat. 887. No appropriation is made for the salaries of consuls at Maranham or Rio Grande by said act. Honduras.—Omoa and Truxillo. No change was made by the amending act. The consulate, however, was removed to Utila, in the Bay of Islands, by Act Feb. 18, 1876, c. 12, set forth below at the end of this section. By Act Feb. 11, 1878, c. 14, set forth below at the end of this section, the name of the "consul at Omoa and Truxillo" was changed to the "consulate Ruatan and Truxillo." No change is made by Act March 2, 1901, c. 802, 31 Stat. 887. Turkish Dominions.—Cyprus, Bucharest. No change was made in the salary of the consulate at Cyprus by the amending act. No provision was made for a consulate at Bucharest in this section prior to its amendment as set forth here. No appropriation is made for salaries of consuls at Cyprus or Bucha- rest by Act March 2, 1901, c. 802, 31 Stat. 887. Mexico.-Guaymas. No change was made by the amending act. No appropriation is made for the salary of a consul at Guaymas by Act March 2, 1901, c. 802, 31 Stat. 887. Muscat.—Zanzibar. No change was made by the amending act. The consulate at Zanzibar is transferred to class V by Act March 2. 1901, c. 802, 31 Stat. 887. Portuguese Dominions.—Santiago, (Cape Verde Islands.) The salary of the consul at Santiago was fixed at $750 by this section prior to its amendment as set forth here. No appropriation is made for the salary of a consul at Santiago by Act March 2, 1901, c. 802, 31 Stat. 887. Society Islands.Tahiti. No change was made by the amending act. No change is made by Act March 2, 1901, c. 802, 31 Stat. 887. - Sec. 1690) 1171 Tit. 18— DIPLOMATIC OFFICERS—Ch. 2. Chili.—Talcahuano. No change was made by the amending act. No appropriation is made for the salary of a consul at Talcahuano by Act March 2, 1901, c. 802, 31 Stat. 887. Friendly and Navigator's Islands.-Apia. The commercial agent at Apia was entitled to a salary of $1,000 by this section prior to its amendment as set forth here. The representative of the United States at Apia is designated consul- general, and his salary is $3,000, by Act March 2, 1901, c. 802, 31 Stat. 887. Fejee Islands.-Ovalau. No provision was made for a consulate at Ovalau in this section prior to its amendment as set forth here. No appropriatioin for the salary of a consul at Ovalau is made by Act March 2, 1901, c. 802, 31 Stat. 887. Italy.—Venice, Milan. The salary of the consul at Venice was fixed at $750 by this section prior to its amendment as set forth here. No provision was made for a consulate at Milan. The consulate at Milan is transferred to class V, and that at Venice to class VI, by Act March 2, 1901, c. 802, 31 Stat. 887. The following additional consulates in this class are provided for by Act March 2, 1901, c. 802, 31 Stat. 887: Ensenada, Patras, Rouen, Sal- tillo, and Turin. The following consulates, with the amount of salaries attached to each, provided for by this section prior to its amendment, were omitted by the amending act: Lahaina, $3,000; Moscow, Revel, San Juan del Sur, $2,000; Brindisi, Boulogne, Elsinore, Ponce (Porto Rico), Saint Catherine, Spezzia, $1,500; Athens, Bay of Islands, Candia, Falkland Islands, Piræus, Santarem, $1,000; Aux Cayes, Cartagena, Cobija, Payta, Paso del Norte, Tabasco, Tumbez, $500. COMMERCIAL AGENCIES. SCHEDULE C.-Gaboon, Saint Paul de Loanda, Lauthala. No change was made by the amending act. No appropriation is made for the salaries of commercial agents at Gaboon or Saint Paul de Loanda by Act March 2, 1901, c. 802, 31 Stat. 887. SCHEDULE B.—Madagascar, San Juan del Norte. The salary of the commercial agent at San Juan del Norte was fixed at $2,000 by this section prior to its amendment as set forth here. No provision was made for a commercial agent at Madagascar. The representative of the United States at San Juan del Norte is des- ignated consul of class IV by Act March 2, 1901, c. 802, 31 Stat. 887. No appropriation is made in said act for the salary of a commercial agent at Madagascar. A consul of class V at Tamatave, Madagascar, is provided for by that act. ACT MARCH 3, 1875, c. 157. An Act to Abolish the Consulate at Amoor River and Establish a Consulate at Vladivostock, Russia, and for Other Purposes. (18 Stat. 486.) Consulate at Amoor River discontinued; consuls at Vladivostock, Fayal, and Auckland may engage in business. Be it enacted, &c., That Amoor River, in Russia, be discontinued 1172 (Secs. 1690–1691 Tit. 18— DIPLOMATIC OFFICERS—Ch. 2. as a consulate of class five, in schedule B, as the same was amnended by chapter two hundred and seventy-five of the laws of the first ses- sion of the Forty-third Congress; and that Vladivostock be a con- sulate of class five, in schedule B, and that the consul at Vladi- vostock and the consuls at Fayal and Auckland be, and they severally hereby are, exempted from the prohibition to engage in business and trade embraced in sections one thousand six hundred and ninety- nine and one thousand and seven hundred of the Revised Statutes of the United States. The consulate at Vladivostock is placed in class IV by Act March 2, 1901, c. 802, 31 Stat. 887. Rev. St. § 1699, prohibits any consul-general, consul, or commercial agent in Schedule B from engaging in business, etc., while holding his office. Rev. St. $ 1700, extends the prohibition of section 1699 to all consular officers whose respective salaries exceed $1,000 a year. ACT FEB. 18, 1876, c. 12. An Act to Change the Location of the Consulates at Aix-la- Chapelle and at Omoa and Truxillo. (19 Stat. 4.) Consulate at Aix-la-Chapelle removed to Cologne; consulate at Omoa and Truxillo removed to Utila. Be it enacted, &c., That the consulate now established at Aix-la- Chapelle, in class five, in schedule B of consulates, be removed to Cologne, within the same consular district; and the consulate now established at Omoa and Truxillo, in class seven, in schedule C of consulates, be removed to Utila in the Bay Islands; and that such removals shall in no manner affect the appropriations for such con- sulates, or the existing provisions of law applicable thereto, except as modified hereby. The consulate at Aix-la-Chapelle is placed in class IV, and the con- sulate at Cologne is placed in class V, by Act March 2, 1901, c. 802, 31 Stat. 887. See note to Rev. St. § 1690, Class V. The consulate at Utila is placed in class VII by said act. ACT FEB. 11, 1878, c. 14. An Act to Change the Name of the “Consulate at Omoa and Truxillo.” (20 Stat. 24.) Consulate at Omoa and Truxillo changed to Ruatan and Truxillo. Be it enacted, &c., That the name of the “Consulate at Omoa and Truxillo" be, and the same is hereby, changed to the “Consulate Ruatan and Truxillo." The consulate at Omoa and Truxillo was removed to Utila by Act Feb. 18, 1876, c. 12, set forth above. Sec. 1691. Consuls, etc., not to hold office at different consulates. No consul-general or consul shall be permitted to hold the office of consul-general or consul at any other consulate, or exercise the duties thereof. Act March 3, 1869, c. 125, § 6, 15 Stat. 322. Secs. 1691-1694) Tit. 18—- DIPLOMATIC OFFICERS—Ch. 2. 1173 ACT FEB. 25, 1885, c. 150. Consuls and consuls-general not to receive salary of secretary of lega- tion or interpreter. * And hereafter no consul or consul-general shall be enti- lled to or allowed any part of any salary appropriated for payment of a secretary or second secretary of legation or interpreter. Act Feb. 25, 1885, C. 150, 23 Stat. 329. This is a provision of the diplomatic and consular appropriation act for the fiscal year ending June 30, 1886, cited above. * * Sec. 1692. [Repealed. Act June 11, 1874, C. 275, $ 3.] This section authorized the President to appoint three interpreters of the Chinese language, whose compensation was to be at a rate not to exceed $1,500 a year, and who were to be assigned for duty by the President to such consulates in China as he might think proper. It is expressly repealed by Act June 11, 1874, c. 275, § 3, set forth below. ACT JUNE 11, 1874, c. 275, $ 3. Interpreters at consulates in China and Japan. That the President shall be, and is hereby, authorized to appoint interpreters to the consulates at Shanghai, Tien Tsin, Fowchow, and Kanagawa, and to allow them salaries not to exceed, in either case, the rate of two thousand dollars a year; And to appoint interpreters to the consulates at Hankow, Amoy, Canton, and Hong-Kong, and to allow them salaries not to exceed, in either case, the rate of seven hundred and fifty dollars a year; And also to allow, at his discretion, a sum not exceeding the rate of five hundred dollars for any one year to any one consulate in China or Japan, respectively, not herein named, for expenses of interpretation; and that section six of the act entitled "An act to regulate the diplomatic and consular systems of the United States," approved August eighteenth, eighteen hundred and fifty-six, is hereby repealed. Act June 11, 1874, c. 275, $ 3, 18 Stat. 70. This section is a part of the diplomatic and consular appropriation act for the fiscal year ending June 30, 1875, cited above. Act Aug. 18, 1856, c. 127, 8 6, 11 Stat. 55, referred to and repealed in this section, was in- corporated in Rev. St. § 1692. Sec. 1693. Salary of interpreter at Bangkok. The salary of the interpreter at the consulate of Bangkok, in Siam, shall not exceed the sum of five hundred dollars a year; and no salary shall be allowed the marshal at that consulate. Act March 3, 1869, c. 125, 87, 15 Stat. 322. Sec. 1694. Consul at Trinidad de Cuba. The President is authorized, whenever in his judgment the public interest may so require, to discontinue the consulate of the United 1174 (Secs. 1694–1697 Tit. 18— DIPLOMATIC OFFICERS—Ch. 2. States at Trinidad de Cuba, and to appoint at Cienfuegos, in that island, a consul with the same salary and emoluments as those now allowed by law to the consul at Trinidad de Cuba. Act March 3, 1863, c. 79, $ 24, 12 Stat. 754. The salary of the consul at Trinidad de Cuba was fixed at $2,500 by Rev. St. § 1690, as amended by Act June 11, 1874, c. 275, § 1, 18 Stat. 67. No provision is made for consulates at either place by Act March 2, 1901, c. 802, § 1, 31 Stat. 887. See notes under Rev. St. $ 1690. Sec. 1695. Extent of consulates, and appointment of vice-consular officers. The President is authorized to define the extent of country to be embraced within any consulate or commercial agency, and to pro- vide for the appointment of vice-consuls, vice-commercial agents, deputy consuls, and consular agents, therein, in such manner and under such regulations as he shall deem proper; but no compensa- tion shall be allowed for the services of any such vice-consul, or vice-commercial agent, beyond nor except out of the allowance made by law for the principal consular officer in whose place such appoint- ment shall be made. No vice-consul, vice-commercial agent, deputy consul, or consular agent, shall be appointed otherwise than under such regulations as have been or may be prescribed by the President. Act Aug. 18, 1856, c. 127, § 14, 11 Stat. 57. Sec. 1696. Expenses of vice-consulates and consular agencies. The only allowance to any vice-consulate or consular agency for expenses shall be an amount sufficient to pay for stationery and post- age on official letters. Act March 3, 1869, c. 125, § 6, 15 Stat. 322. Sec. 1697. [As amended 1898.] [ Bonds of consular officers to be furnished and deposited with Secretary of the Treasury; [suits on bonds.] Every consul-general, consul, and commercial agent, before he receives his commission, or enters upon the duties of his office, shall give a bond to the United States, with such sureties, who shall be permanent residents of the United States, as the Secretary of State shall approve, in a penal sum not less than one thousand dol- lars, and in no case less than the annual compensation allowed to such officer, and not more than ten thousand dollars, and in such form as the President shall prescribe, conditioned for the true and faithful accounting for, paying over, and delivering up of all fees, moneys, goods, effects, books, records, papers, and other property which shall come to his hands, or to the hands of any other person, to his use as such consul-general, consul, or commercial agent under any law, now or hereafter enacted, or by virtue of his office; and for the true and faithful performance of all other duties, now or hereafter lawfully imposed upon him as such consul-general, consul, Secs. 1697-1698) Tit. 18— DIPLOMATIC OFFICERS—Ch. 2. 1175 or commercial agent. The bond herein mentioned shall be deposited with the Secretary of the Treasury. In case of a breach of any such bond, any person thereby injured may institute, in his own name and for his sole use, a suit on said bond, and thereupon recover such damages as shall be legally assessed, with costs of suit, for which ex- ecution may issue for him in due form; but if such party fails to recover in the suit, judgment shall be rendered and execution may issue against him for costs in favor of the defendant, and the United States shall, in no case, be liable for the same. The said bond shall remain, after any judgment rendered thereon, as a security for the benefit of any person injured by a breach of the condition of the same until the whole penalty has been recovered; and the proceed- ing shall always be as directed in this section. Act Aug. 18, 1856, c. 127, $ 3, 11 Stat. 52. Act Dec. 21, 1898, c. 36, § 1, 30 Stat. 770. This section was amended by Act Dec. 21, 1898, c. 36, § 1, cited above, by inserting, after the words "hereafter enacted" the words "or by virtue of his office," and by the addition, at the end of the section as originally enacted, of the provisions beginning with the words "In case of a breach of any such bonds,” to the end of the section as set forth here. ACT JUNE 11, 1874, c. 275, 8 1. Bonds of consular officers not receiving salary. The bonds which consular officers who are not compensated by salaries are required by the thirteenth section of the act of August eighteenth, eighteen hundred and fifty-six, to enter into, shall here- after be made with such sureties as the Secretary of State shall ap- prove. Act June 11, 1874, c. 275, § 1, 18 Stat. 67. This is a provision of the diplomatic and consular appropriation act for the fiscal year ending June 30, 1875, cited above. Act Aug. 18, 1836, c. 127, § 13, referred to in this provision, is incorpo- rated in Rev. St. § 1697. Every officer required to take and approve officers' bonds must cause said bonds to be examined at least once every two years for the pur- pose of ascertaining the sufficiency of the sureties thereon, and he must have said bonds renewed at least once every four years, by Act March 2, 1895, c. 177, § 5, post, following Rev. St. § 1759. Sec. 1698. [As amended 1898.] Bonds of vice-consuls; [deposit with Secretary of Treasury; suits on bonds.] Every vice-consul-general or vice-consul shall, before he enters on the execution of his trust, give bonds, with such sureties, who shall be permanent residents of the United States, as shall be ap- proved by the Secretary of State, in a sum not less than two thousand dollars nor more than ten thousand dollars, conditioned for the true and faithful discharge of the duties of his office according to law, and for truly accounting for all moneys, goods, and effects which may come into his possession by virtue of his office. The bond shall be lodged in the office of the Secretary of the Treasury. In case of a breach of any such bond, any person thereby injured may in- stitute, in his own name, and for his sole use, a suit on said bond, 1176 Tit. 18— DIPLOMATIC OFFICERS—Ch. 2. (Secs. 1698–1700 and thereupon recover such damages as shall be legally assessed, with costs of suit, for which execution may issue for him in due form; but if such party fails to recover in the suit, judgment shall be ren- dered and execution may issue against him for costs in favor of the defendant, and the United States shall in no case be liable for the same. The said bond shall remain after any judgment rendered thereon as a security for the benefit of any person injured by a breach of the condition of the same until the whole penalty has been recovered; and the proceedings shall always be as directed in this section. That when suit is brought upon the bond prescribed in this or the preceding section, if the principal in the bond resides in a foreign country, the summons, or other process, may be served upon him by filing a certified copy of the same with the Secretary of the Treasury, which service shall be deemed sufficient to give the court jurisdiction over the person and property of the defendant; and the bond prescribed in this and the preceding section shall contain a condition to accept such service as sufficient to give the court juris- diction as aforesaid. The principal shall have ninety days from the time of such service in which to enter his appearance in the action. When a copy of such summons or other process has been filed with the Secretary of the Treasury, he shall at once mail a copy thereof to the principal at his last known place of residence. Act April 14, 1792, c. 24, § 6, 1 Stat. 256. Act Dec. 21, 1898, c. 36, $ 2, 30 Stat. 771. This section was amended by Act Dec. 21, 1898, c. 36, $ 2, cited above, by inserting, after the word "vice-consul," where it first occurs, the words "general, or vice-consul”: by inserting, after the words with such sureties," the words "who shall be permanent residents of the Unit- ed States"; and by the addition, at the end of the section as originally enacted, of the provisions beginning with the words, “In case of a breach of any such bond," to the end of the section as set forth here. See, also, note under Rev. St. § 1697. Sec. 1699. Consular officers not to transact business. No consul-general, consul, or commercial agent, embraced in Schedule B, shall, while he holds his office, be interested in or trans- act any business as a merchant, factor, broker, or other trader, or as a clerk or other agent for any such person to, from, or within the port, place, or limits of his consulate or commercial agency, directly or indirectly, either in his own name, or in the name or through the agency of any other person; and he shall, in his official bond, stip- ulate, as a condition thereof, not to violate this prohibition. Act Aug. 18, 1856, c. 127, § 5, 11 Stat. 55. The consuls at Vladivostok, Fayal, and Auckland are excepted from the prohibition against engaging in business, by a provision of Act March , 3, 1875, c. 157, set forth ante, following Rev. St. $ 1690. Sec. 1700. Extension of prohibition upon transacting business. All consular officers whose respective salaries exceed one thou- sand dollars a year, shall be subject to the prohibition against Secs. 1700-1703) 1177 ) Tit. 18-- DIPLOMATIC OFFICERS -Ch. 2. transacting business contained in the preceding section. And the President may extend the prohibition to any consul or commer- cial agent not embraced in Schedules B and C, and to any vice- consul, vice-commercial agent, deputy consul, or consular agent, and may require such officer to give a bond not to violate the same. Act Aug. 18, 1856, c. 127, § 15, 11 Stat. 57. Act Feb. 4, 1862, c. 17, § 1, 12 Stat. 335, 336. See note under preceding section. Sec. 1701. Penalty for illegally transacting business. Every consul-general, consul, or commercial agent who violates the prohibition against transacting business, required to be inserted in his official bond, shall be liable to a penalty therefor, for the use of the United States, equal in amount to the annual compensation specified for him in Schedule B, which may be recovered in an action of debt at the suit of the United States, either directly for the pen- alty, as such, against such consul-general, or consul, or commercial agent, or upon his official bond, as liquidated damages, for the breach of such condition against such consul-general, consul, or commer- cial agent, and his sureties, or any one or more of them; and in every such case all such actions shall be open to the United States for the collection of such penalty till the same shall be collected in some one of such actions; and every such penalty, when collected, shall be paid into the Treasury of the United States. Act Aug. 18, 1856, c. 127, § 5, 11 Stat. 55. Sec. 1702. Compensation of consuls where fees amount to $3,000. The compensation of consuls whose annual salaries do not, under existing law, exceed one thousand five hundred dollars, shall, when the fees collected at the consulates where they are located and paid into the Treasury of the United States amount to three thousand dollars, be two thousand dollars a year. Act March 30, 1868, c. 38, § 1, 15 Stat. 57. The provisions of this section for compensation in addition to annual salaries may be regarded as-superseded, at least for the time being, by subsequent provisions of the diplomatic and consular appropriation acts, such as the provision, repeated in all the recent acts, that the sums sev- erally appropriated are in full compensation for the diplomatic and consu- lar service for the fiscal year. See notes under Rev. St. & 1675. Sec. 1703. Compensation of vice-consuls, vice-commercial agents, and consular agents. Every vice-consul and vice-commercial agent shall be entitled, as compensation for his services as such, to the whole or so much of the compensation of the principal consular officer in whose place he shall be appointed, as shall be determined by the President, and the residue, if any, shall be paid to such principal consular officer; and 1178 Tit. 18— DIPLOMATIC OFFICERS—Ch. 2. (Secs. 1704–1706 every consular agent shall be entitled, as compensation for his serv- ices, to such fees as he may collect under the regulations prescribed by the President governing the subject of fees, or to so much thereof as shall be determined by the President; and the principal officer of the consulate or commercial agency within the limits of which such consular agent shall be appointed shall be entitled to the residue, if any, in addition to any other compensation allowed him by law for his services therein. Act Aug. 18, 1856, c. 127, § 15, 11 Stat. 57. Sec. 1704. Appointment of consular clerks. The President is authorized, whenever he shall think the public good will be promoted thereby, to appoint consular clerks, not ex- ceeding thirteen in number at any one time, who shall be citizens of the United States, and over eighteen years of age at the time of their appointment, and shall be entitled to compensation for their serv- ices respectively at a rate not exceeding one thousand dollars a year each, to be determined by the President; and to assign such clerks, from time to time, to such consulates and with such duties as he shall direct. Act June 20, 1864, c. 136, § 2, 13 Stat. 139. The diplomatic and consular appropriation acts for each year make ap- propriations for clerk hire. ACT JUNE 11, 1874, c. 275, $ 5. Salary of consular clerks after five years' service. That from and after the first day of July next, the annual salary of consular clerks who shall have remained continuously in service as such for the period of five years and upward shall be one thousand two hundred dollars. Act June 11, 1874, c. 275, § 5, 18 Stat. 70. This section is a part of the diplomatic and consular appropriation act for the fiscal year ending June 30, 1875, cited above. Sec. 1705. Examination and removal of consular clerks. Before the appointment of any such consular clerk shall be made, it shall be satisfactorily shown to the Secretary of State, after due examination and report by an examining board, that the applicant is qualified and fit for the duties to which he shall be assigned; and such report shall be laid before the President. And no clerk so appointed shall be removed from office, except for cause stated in writing, which shall be submitted to Congress at the session first following such removal. Act June 20, 1864, c. 136, $ 2, 13 Stat. 139. Sec. 1706. Actual expenses may be allowed to consuls-general, etc., who are not allowed to trade. The President may allow consuls-general, consuls, and commer- Secs. 1707-1709) Tit. 18 DIPLOMATIC OFFICERS—Ch.2. 1179 cial agents, who are not allowed to trade, actual expenses of office- rent, not to exceed, in any case, twenty per centum of the amount of the annual compensation allowed to such officer, whenever he shall think there is sufficient reason therefor. Act Aug. 18, 1856, c. 127, $ 22, 11 Stat. 60. Act Feb. 22, 1873, c. 184, § 1, 17 Stat. 473. Sec. 1707. Protests. Consuls and vice-consuls shall have the right, in the ports or places to which they are severally appointed, of receiving the protests or declarations which captains, masters, crews, passengers, or mer- chants, who are citizens of the United States, may respectively choose to make there; and also such as any foreigner may choose to make before them relative to the personal interest of any citizen of the United States. Copies of such acts duly authenticated by consuls or vice-consuls, under the seal of their consulates, respectively, shall be received in evidence equally with their originals in all courts in the United States. Act April 14, 1792, c. 24, § 2, 1 Stat. 255. Copies of all official documents and papers in the office of any consul, vice-consul, or commercial agent of the United States, and of all official entries in the books or records of any such office, certified under the hand and seal of such officers, are admissible in evidence in the courts of the United States by Rev. St. $ 896. Sec. 1708. Lists and returns of seamen, vessels, etc. Every consular officer shall keep a detailed list of all seamen and mariners shipped and discharged by him, specifying their names and the names of the vessels on which they are shipped and from which they are discharged, and the payments, if any, made on account of each so discharged; also of the number of the vessels arrived and departed, the amounts of their registered tonnage, and the number of their seamen and mariners, and of those who are protected, and whether citizens of the United States or not, and as nearly as pos- sible the nature and value of their cargoes, and where produced, and shall make returns of the same, with their accounts and other re- turns, to the Secretary of the Treasury. Act Aug. 18, 1856, c. 127, $ 27, 11 Stat. 62. Consular officers are authorized to discharge seamen, upon their appli- cation therefor, when they are entitled thereto, under Rev. St. $$ 4561, 4580. The commanding officer of any fleet, squadron, or vessel acting singly, upon the high seas, or in any foreign port where there is no resident consul of the United States, is authorized to exercise all the powers of a consul in relation to mariners of the United States, by Rev. St. 8 1433. Sec. 1709. Estates of decedents. It shall be the duty of consuls and vice-consuls, where the laws of the country permit: 1180 (Secs. 1709-1711 Tit. 18—– DIPLOMATIC OFFICERS—Ch. 2. First. To take possession of the personal estate left by any citizen of the United States, other than seamen belonging to any vessel, who shall die within their consulate, leaving there no legal representative, partner in trade, or trustee by him appointed to take care of his effects. Second. To inventory the same with the assistance of two mer- chants of the United States, or, for want of them, of any others at their choice. Third. To collect the debts due the deceased in the country where he died, and pay the debts due from his estate which he shall have there contracted. Fourth. To sell at auction, after reasonable public notice, such part of the estate as shall be of a perishable nature, and such further part, if any, as shall be necessary for the payment of his debts, and, at the expiration of one year from his decease, the residue. Fifth. To transmit the balance of the estate to the Treasury of the United States, to be holden in trust for the legal claimant; except that if at any time before such transmission the legal representative of the deceased shall appear and demand his effects in their hands they shall deliver them up, being paid their fees, and shall cease their proceedings. Act April 14, 1792, c. 24, § 2, 1 Stat. 255. A permanent appropriation for payment of the proceeds of the per- sonal estates of American citizens who die abroad, to their legal repre- sentatives, is made by Rev. St. $ 3689. Embezzlement by a consular officer of money, property, etc., of a citi- zen of the United States received by him, is made punishable by Rer. St. § 1734, as amended by Act Dec. 21, 1898, c. 36, 8 3. Sec. 1710. Notification of death. For the information of the representative of the deceased, the consul or vice-consul, in the settlement of his estate, shall immedi- ately notify his death in one of the gazettes published in the con- sulate, and also to the Secretary of State, that the same may be no- tified in the State to which the deceased belonged; and he shall, as soon as may be, transmit to the Secretary of State an inventory of the effects of the deceased, taken as before directed. Act April 14, 1792, c. 24, $2,1 Stat. 255. Sec. 1711. Decedent's directions to be followed. When any citizen of the United States, dying abroad, leaves, by any lawful testamentary disposition, special directions for the custody and management, by the consular officer of the port or place where he dies, of the personal property of which he dies possessed in such country, such officer shall, so far as the laws of the country permit, strictly observe such directions. When any such citizen so dying, appoints, by any lawful testamentary disposition, any other person than such officer to take charge of and manage such property, it Sec. 1712) 1181 Tit. 18 DIPLOMATIC OFFICERS—Ch. 2. shall be the duty of the officer, whenever required by the person so appointed, to give his official aid in whatever way may be necessary to facilitate the proceedings of such person in the lawful execution of his trust, and, so far as the laws of the country permit, to pro- tect the property of the deceased from any interference of the local authorities of the country where such citizen dies; and to this end it shall be the duty of such consular officer to place his official seal upon all of the personal property or effects of the deceased, and to break and remove such seal as may be required by such person, and not otherwise. Act Aug. 18, 1856, c. 127, 8 28, 11 Stat. 63. Sec. 1712. [As amended 1888.] Commercial (and agricultural] reports. Consuls and commercial agents of the United States in foreign countries shall procure and transmit to the Department of State authentic commercial information respecting such countries, of such character and in such manner and form and at such times as the Department may from time to time prescribe. And they shall also procure and transmit to the Department of State, for the use of the Agricultural Department, monthly reports relative to the char- acter, condition, and prospective yields of the agricultural and horti- cultural industries and other fruiteries of the country in which they are respectively stationed; and the Commissioner of Agriculture is hereby required and directed to embody the information thus ob- tained, or so much thereof as he may deem material and important, in his monthly bulletin of crop reports. Act Aug. 18, 1856, c. 170, $ 2, 11 Stat. 139. Act June 18, 1888, c. 393, 25 Stat. 186. The amendment of this section by Act June 18, 1888, c. 393, cited above, consists in the addition, at the end of the section as originally enacted, of the provisions beginning with the words, "And they shall also procure and transmit,” to the end of the section as set forth here. Provisions for the publication, distribution, and sale by the Depart- ment of State of consular reports are contained in Rev. St. $ 211, and subsequent provisions collected under that section; and provisions for the printing thereof at the Government Printing Office are contained in Act Jan. 12, 1895, c. 23, $ 73, and Act March 2, 1895, c. 189, § 1, post, under Title XLV, “Public Printing, Advertisements, and Public Docu- ments.” The duties of the former Commissioner of Agriculture are to be per- formed by the Secretary of Agriculture, by Act July 14, 1890, c. 707, ante, following Rev. St. $ 521. Provisions relating to the monthly crop report issued by the Depart- ment of Agriculture are contained in Act July 5, 1892, c. 147, and sub- sequent statutes, ante, following Rev. St. $ 529. ACT JAN. 27, 1879, c. 28, $ 1. Statement of exports and imports, and of rate of wages. * * And it shall be the duty of consuls to make to the Secretary of State a quarterly statement of exports from, and imports to, the different places to which they are accredited, giving, as near as may he, the market price of the various articles of exports and imports, 1182 (Secs. 1712–1714 Tit. 18— DIPLOMATIC OFFICERS—Ch.2. the duty and port charges, if any, on articles imported and exported, together with such general information as they may be able to ob- tain as to how, where, and through what channels a market may be opened for American products and manufactures. In addition to the duties now imposed by law, it shall be the duty of consuls and commercial agents of the United States, annually, to procure and transmit to the Department of State, as far as practicable, informa- tion respecting the rate of wages paid for skilled and unskilled labor within their respective jurisdictions. * Act Jan. 27, 1879, c. 28, § 1, 20 Stat. 267. This is a provision of the diplomatic and consular appropriation act for the fiscal year ending June 30, 1888, cited above. Sec. 1713. [As amended 1888.] Prices current. Every consular officer shall furnish to the Secretary of the Treas- ury, as often as shall be required, the prices current of all articles of merchandise usually exported to the United States from the port or place in which he is situated; and he shall also furnish to the Secretary of the Treasury, at least once in twelve months, the prices current of all articles of merchandise, including those of the farm, the garden, and the orchard, that are imported through the port or place in which he is stationed. And he shall also report as to the character of agricultural implements in use, and whether they are imported to or manufactured in that county; as to the char- acter and extent of agricultural and horticultural pursuits there. That part of the information thus obtained which pertains to agri- culture shall be transmitted by the Secretary of the Treasury, as soon as the same shall have been received by him, to the Commissioner of Agriculture, who shall include the same, or so much thereof as he may deem material and important, in his annual reports, stating the said prices in dollars and cents, and rendering tables of foreign weights and measures into their American equivalents. Act Aug. 18, 1856, c. 127, $ 27, 11 Stat. 62. Act June 18, 1888, c. 393, 25 Stat. 186. The amendment of this section by Act June 18, 1888, c. 393, cited above, consists in the addition, at the end of the section as originally enacted, of the provisions beginning with the words, "and he shall also furnish to the Secretary of the Treasury," to the end of the section as set forth here. Sec. 1714. Construction of powers. The specification in this Title of certain powers to be exercised and duties to be performed by consuls and vice-consuls, shall not be construed as implying the exclusion of others resulting from the na- ture of their appointments, or prescribed by any treaty or convention under which they may act. Act April 14, 1792, c. 24, § 9, 1 Stat. 257. Secs. 1715-1718) Tit. 18— DIPLOMATIC OFFICERS—- 1183 Ch. 2. Sec. 1715. Certifying invoices. No consular officer shall certify any invoice unless he is satisfied that the person making oath thereto is the person he represents himself to be, that he is a credible person, and that the statements made under such oath are true; and he shall, thereupon, by his cer- tificate, state that he was so satisfied. Act Aug. 18, 1856, c. 127, $ 27, 11 Stat. 62. A somewhat similar provision is found in Rev. St. § 2862. Sec. 1716. Exacting excessive fees for verifying invoices. The fee provided by law for the verification of invoices by con- sular officers shall, when paid, be held to a full payment for furnish- ing blank forms of declaration to be signed by the shipper, and for making, signing, and sealing the certificate of the consular officer thereto; and any consular officer who, under pretense of charging for blank forms, advice, or clerical services in the preparation of such declaration or certificate, charges or receives any fee greater in amount than that provided by law for the verification of invoices, or who demands or receives for any official services, or who allows any clerk or subordinate to receive for any such service any fee or re- ward other than the fee provided by law for such service, shall be punishable by imprisonment for not more than one year, or by a fine of not more than two thousand dollars; and shall be removed from his office. Act March 3, 1869, c. 125, $ 3, 15 Stat. 321. Provisions for refunding excessive fees, with a penalty for the collec- tion thereof, are contained in Rev. St. § 1723. Sec. 1717. Certificate for goods from countries adjacent to United States. That no consular officer of the United States shall hereafter grant a certificate for goods, wares, or merchandise shipped from countries adjacent to the United States, which have passed a consulate after purchase for shipment. Act Feb. 22, 1873, c. 184, § 3, 17 Stat. 474. A similar provision is found in Rey. St. & 2861. Sec. 1718. Fees allowed for official service. Whenever any master or commander of a vessel of the United States has occasion for any consular or other official service, which any consular officer of the United States is authorized by law or usage officially to perform, and for which any fees are allowed by the rates or tariffs of fees, he shall apply to the consular officer at the consulate or commercial agency where such service is required to perform such service, and shall pay to such officer the fees allowed 1184 Tit. 18— DIPLOMATIC OFFICERS—Ch. 2. (Secs. 1718-1721 for such service by the rates or tariffs of fees. And every such mas- ter or commander who omits so to do shall be liable to the United States for the amount of the fees lawfully chargeable for such serv- ices when actually performed. All consular officers are authorized and required to retain in their possession all the papers of such ves- sels, which shall be deposited with them as directed by law, till pay- ment shall be made of all demands and wages on account of such ves- sels. Act Aug. 18, 1856, c. 127, $ 28, 11 Stat. 63. Provisions prohibiting the collection of consular fees from American vessels or seamen for official services, and providing for the payment from the Treasury to consular offices deprived of such fees of an amount equal thereto, are contained in Act June 26, 1884, c. 121, § 12, post, fol- lowing Rev. St. $ 1745. A copy of the rates or tariffs of fees which diplomatic and consular of- ficers are entitled to receive are required to be attached to the clearance granted to any vessel bound on a foreign voyage, by Rev. St. § 4207. Provisions relating to the deposit of ships' papers with consular officers by masters of vessels are contained in Rev. St. $ 4309. Sec. 1719. No profit from discharged seamen. No consular officer, nor any person under any consular officer shall make any charge or receive, directly or indirectly, any com- pensation, by way of commission or otherwise, for receiving or dis- bursing the wages or extra wages to which any seaman or mariner is entitled who is discharged in any foreign country, or for any money advanced to any such seaman or mariner who seeks relief from any consulate or commercial agency; nor shall any consular officer, or any person under any consular officer, be interested, directly or indi- rectly, in any profit derived from clothing, boarding, or otherwise supplying or sending home any such seaman or mariner. hibition as to profit, however, shall not be construed to relieve or prevent any such officer who is the owner of or otherwise interested in any vessel of the United States, from transporting in such vessel any such seaman or mariner, or from receiving or being interested in such reasonable allowance as may be made for such transportation by law. Act Aug. 18, 1856, c. 127, § 20, 11 Stat. 59. Provisions relating to the discharge and return by consular officers of seamen are contained in Rev. St. $8 4561, 4577, 4578, 4580, 4581, 4584. Such pro- Sec. 1720. Restriction on amount of fees. American vessels running regularly by weekly or monthly trips, or otherwise, to or between foreign ports, shall not be required to pay fees to consuls for more than four trips in a year. Act Aug. 5, 1861, c. 49, 12 Stat. 315. See note under Rev. St. 8 1718. Sec. 1721. Fees in British North America. The fee for certifying invoices to be charged by the consul-general Secs. 1722–17.24) Tit. 18— DIPLOMATIC OFFICERS- 1185 -Ch. 2. for the British North American Provinces, and his subordinate con- sular officers and agents, for goods not exceeding one hundred dol- lars in value, shall be one dollar. Act June 20, 1864, c. 136, $ 3, 13 Stat. 140. Sec. 1722. Tonnage fees in Canada. No consul, vice-consul, or consular agent in the Dominion of Canada, shall be allowed tonnage fees for any services, actual or con- structive, rendered any vessel owned and registered in the United States that may touch at a Canadian port; and in the collection of official fees they shail receive foreign moneys at the rate given in the Treasury schedule of the value of foreign coins. Act March 3, 1869, c. 125, $ 3, 15 Stat. 321. See note under Rev. St. $ 1718. Sec. 1723. Exacting excessive fees. Whenever any consular officer collects, or knowingly allows to be collected for any service, any other or greater fees than are allowed by law for such service, he shall, besides his liability to refund the same, be liable to pay to the person by whom or in whose behalf the same are paid, treble the amount of the unlawful charge so collected, as a penalty, to be recovered with costs, in any proper form of ac- tion, by such person for his own use. And in any such case the Sec- retary of the Treasury may retain out of the compensation of such officer, the amount of such overcharge, and of such penalty, and charge the same to such officer in account, and may thereupon refund such unlawful charge, and pay such penalty to the person en- titled to the same if he shall think proper so to do. Act Aug. 18, 1856, c. 127, 8 17, 11 Stat. 58. Exacting excessive fees for verifying invoices is made punishable by Rev. St. $ 1716. See note under Rev. St. $ 1718. Sec. 1724. Penalty for omission to collect fees. Every consul-general, consul, or commercial agent, mentioned in Schedules B and C, or vice-consul, or vice-commercial agent, ap- pointed to perform the duty of any such officer mentioned in Sched- ules B and C, who omits to collect any fees which he is entitled to charge for any official service, shall be liable to the United States therefor, as if he had collected the same; unless, upon good cause shown therefor, the Secretary of the Treasury shall think proper to remit the same. Act Aug. 18, 1856, c. 127, § 18, 11 Stat. 58. See note under Rev. St. § 1718. LAWS '01-75 1186 (Secs. 1725-1727 Tit. 18—DIPLOMATIC OFFICERS -Ch. 2. Sec. 1725. Returns of fees. All such consuls-general, consuls, commercial agents, and con- sular agents, as are allowed for their compensation the whole or any part of the fees which they may collect, and all such vice-consuls and vice-commercial agents appointed to perform the duties of such con- suls-general, consuls, and commercial agents as are allowed for their compensation the whole or any part of such fees, shall make returns in such manner as the Secretary of State shall prescribe, of all such fees as they or any person in their behalf so collect. Act Aug. 18, 1856, c. 127, $ 18, 11 Stat. 58. The returns of fees mentioned in this section are to be made as pre- scribed by the Comptroller of the Treasury, by a provision of Act July 31, 1894, c. 174, § 5, ante, following Rev. St. § 268. See note under Rev. St. $ 1718. Sec. 1726. Receipts for fees. Every consular officer shall give receipts for all fees collected for his official services, expressing the particular services for which the same were collected. Act Aug. 18, 1856, c. 127, § 17, 11 Stat. 58. Owners, agents, masters, etc., of vessels, to whom receipts for fees are given by consular officers, are required to furnish copies thereof to the collector of the district in which the vessel first arrives, whose duty it is to forward them to the Secretary of the Treasury, by Rev. St. $ 4213. See note under Rev. St. & 1718. Sec. 1727. Registering receipts for fees. Every consular officer shall number all receipts given by him for fees received for official services, in the order of their dates, begin- ning with number one at the commencement of the period of his service, and on the first day of January in every year thereafter. He shall also register in a book to be kept by him for that purpose all fees so received by him, in the order in which they are received, specifying each item of service and the amount received therefor, from whom, and the dates when received, and if for any service con- nected with any vessel, the name thereof, and indicating what items and amounts are embraced in each receipt given by him therefor, and numbering the same according to the number of the receipts respec- tively, so that the receipts and register shall correspond with each other; and he shall, in such register, specify the name of the person for whom, and the date when he shall grant, issue, or verify any pass- port, certify any invoice, or perform any other official service in the entry of the receipt of the fees therefor, and also number each con- sular act so receipted for with the number of such receipt, and as shown by such register. Act Aug. 18, 1856, c. 127, § 18, 11 Stat. 58. See note under Rev. St. 8 1718. Secs. 1728-1730) Tit. 18— DIPLOMATIC OFFICERS—Ch. 2. 1187 Sec. 1728. Verification of account of fees. Every consular officer, in rendering his account of fees received shall furnish a full transcript of the register which he is required to keep, and make oath that, to the best of his knowledge, the same is true, and contains a full and accurate statement of all fees received by him, or for his use, for his official services as such consular offi- cer, during the period for which it purports to be rendered. Such oath may be taken before any person having authority to administer oaths at the port or place where the consular officer is located. If any such consular officer willfully and corruptly commits perjury, in any such oath, within the intent and meaning of any act of Congress now or hereafter made, he may be charged, proceeded against, tried, and convicted, and dealt with in the same manner, in all respects, as if such offense had been committed in the United States, before any officer duly authorized therein to administer or take such oath, and shall be subject to the same punishment and disability therefor as are or shall be prescribed for such offense. Act Aug. 18, 1856, c. 127, $ 18, 11 Stat. 58. See note under Rev. St. $ 1718. Sec. 1729. Fees of officers not included in Schedules B and C. All fees collected by any consul or commercial agent not men- tioned in Schedule B or C, or by any vice-consul or commercial agent appointed to perform their duties, or by any other person in their behalf, shall be accounted for to the Secretary of the Treasury in the manner prescribed by the five preceding sections. Act July 25, 1866, c. 233, § 3, 14 Stat. 226. See note under Rev. St. § 1718. ACT JULY 7, 1884, c. 334, $ 1. Consular officers not to appropriate or expend fees in excess of allow- ance. * * And hereafter it shall not be lawful for any consular officer to appropriate to his own use or expend from the amount received from the fees of his office any sum in excess of the allowance of sal- ary and fees directly authorized by law, and consular officers paid exclusively by fees and consuls paid in part by salary and in part by fees, shall only appropriate to their own use or expend such portion of the fees as is authorized by law. Act July 7, 1884, c. 334, § 1, 23 Stat. 237. This is a provision of the deficiency appropriation act for the fiscal year ending June 30, 1884, cited above. * Sec. 1730. Compensation of officers not embraced in Schedules B and C. Consuls-general, consuls, and commercial agents, not embraced in Schedules B and C, shall be entitled, as compensation for their sery- 1188 Tit. 18— DIPLOMATIC OFFICERS—Ch. 2. (Secs. 1731–1734 ices, to such fees as they may collect under the regulations prescribed by the President governing the subject of fees. Act Aug. 18, 1856, c. 127, § 4, 11 Stat. 55. Sec. 1731. Rates of fees to be posted up. It shall be the duty of all consular officers at all times to keep post- ed up in their offices, respectively, in a conspicuous place, and sub- ject to the examination of all persons interested therein, a copy of such rates or tariffs as shall be in force. Act Aug. 18, 1856, c. 127, § 16, 11 Stat. 57. Sec. 1732. Excess of fees above $2,500. Whenever the fees collected by or in behalf of any consul or com- mercial agent, not mentioned in Schedule B or C, amount to more than twenty-five hundred dollars in any one year, over and above such expenses of office-rent and clerk-hire as are approved by the Secretary of State, of which return shall be made to the Secretary of the Treasury, the excess for that year shall be held subject to the draft or other directions of the Secretary of the Treasury. Act July 25, 1866, c. 233, § 3, 14 Stat. 226, Sec. 1733. Excess of fees above $1,000. All moneys received for fees at any vice-consulates or consular agencies of the United States, beyond the sum of one thousand dol- lars in any one year, and all moneys received by any consul or con- sul-general from consular agencies or vice-consulates in excess of one thousand dollars in the aggregate from all such agencies or vice- consulates, shall be accounted for to the Secretary of the Treasury, and held subject to his draft or other directions. Act March 30, 1868, c. 38, § 1, 15 Stat. 57. Sec. 1734. [As amended 1898.] Embezzlement. Every consular officer who willfully neglects to render true and just quarterly accounts and returns of the business of his office, and of moneys received by him for the use of the United States, or who neglects to pay over any balance of said moneys due to the United States at the expiration of any quarter, before the expira- tion of the next succeeding quarter, or who shall receive money, property, or effects belonging to a citizen of the United States and shall not within a reasonable time after demand made upon liim by the Secretary of State or by such citizen, his executor, adminis- trator, or legal representative, account for and pay over all moneys, property, and effects, less his lawful fees, due to such citizen, shall be Seos. 1734-1736) Tit. 18—DIPLOMATIC OFFICERS—1189 — Ch. 2. deemed guilty of embezzlement, and shall be punishable by imprison- inent for not more than five years, and by a fine of not more than two thousand doilars. Act March 3, 1869, c. 125, § 5, 15 Stat. 322. Act Dec. 21, 1898, c. 36, $ 3, 30 Stat. 771. This section was amended by Act Dec. 21, 1898, c. 36, $ 3, cited above, by adding, after the words, "the next succeeding quarter," the words "or who shall receive money, property, or effects belonging to a citizen of the United States and shall not within a reasonable time after demand made upon him by the Secretary of State or by such citizen, his executor, administrator, or legal representative, account for and pay over all mon- eys, property, and effects, less his lawful fees, due to such citizen"; by omitting, after the word "embezzlement,” the words “of the public mon- eys”; by making the term of imprisonment five years instead of one year; and by omitting the words at the end of the section as originally enacted, “and shall be forever disqualified from holding any office of trust or profit under the United States." Sec. 1735. Neglect of duty, etc. Whenever any consular officer willfully neglects or omits to per- form seasonably any duty imposed upon him by law, or by any order or instruction made or given in pursuance of law, or is guilty of any willful malfeasance or abuse of power, or of any corrupt conduct in his office, he shall be liable to all persons injured by any such neg- lect, or omission, malfeasance, abuse, or corrupt conduct, for all damages occasioned thereby; and for all such damages, he and his sureties upon his official bond shall be responsible thereon to the full amount of the penalty thereof, to be sued in the name of the United States for the use of the person injured. Such suit, however, shall in no case prejudice, but shall be held in entire subordination to the interests, claims, and demands of the United States, as against any officer, under such bond, for every willful act of malfeasance or corrupt conduct in his office. Act Aug. 18, 1856, c. 127, $ 32, 11 Stat. 64. Sec. 1736. Neglect of duty to seamen; corrupt conduct. If any consul or commercial agent neglects or omits to perform, seasonably, the duties imposed upon him by the laws regulating the shipment and discharge of seamen, and the reclamation of deserters on board or from vessels in foreign ports, or is guilty of any malver- sation or abuse of power, he shall be liable to any injured person for all damage occasioned thereby; and for all malversation and corrupt conduct in office, he shall be punishable by imprisonment for not more than five years and not less than one, and by a fine of not more than ten thousand dollars and not less than one thousand. Act July 20, 1840, c. 48, § 18, 5 Stat. 397. The duties of consular officers in regard to shipment and discharge, etc., of seamen, are prescribed by Rev. St. $8 4577, 4578, 4580, 4581, 4584; and in regard to reclamation and discharge of deserters, by Rev. St. 4600. 1190 (Secs. 1737-1739 Tit. 18— DIPLOMATIC OFFICERS —Ch. 3. Sec. 1737. False certificate of property. If any consul, vice-consul, commercial agent, or vice-commercial agent falsely and knowingly certifies that property belonging to for- eigners is property belonging to citizens of the United States, he shall be punishable by imprisonment for not more than three years and by a fine of not more than ten thousand dollars. Act Feb. 28, 1803, c. 9, § 7, 2 Stat. 204. Sec. 1738. When consular officers may perform diplomatic functions. No consular officer shall exercise diplomatic functions, or hold any diplomatic correspondence or relation on the part of the United States, in, with, or to the government or country to which he is ap pointed, or any other country or government, when there is in such country any officer of the United States authorized to perform diplo- matic functions therein; nor in any case, unless expressly authorized by the President so to do. Act Aug. 18, 1856, c. 127, § 12, 11 Stat. 56. Carrying on correspondence with any foreign government with intent to influence its measures or conduct in relation to any dispute or controver- sies with the United States, or to defeat the measures of the Government of the United States, is punishable, by Rev. St. $ 5335. Sec. 1739. Compensation of consular officer performing diplomatic functions. For such time as any consular officer shall be authorized to per- form diplomatic functions, in the absence of the regular diplomatic officer in the country to which he shall be appointed, he shall be enti- tled, in addition to his compensation as such consular officer, to re- ceive compensation for his services while so authorized, at the rate which would be allowed for a secretary of legation in such country. Act Aug. 18, 1865, c. 127, § 11, 11 Stat. 56. Marriages in presence of a consular officer in a foreign country are au- thorized, and certificates thereof are provided for, by Rev. St. $ 4082. CHAPTER THREE. Provisions Common to Diplomatic and Consular Oficers. Sec. 1740. Term during which salary is pay- Sec. a ble. 1741. [Superseded.] Act June 17, 1874, c. 294. Absence without leave; correspond- ence with private persons on pub- lic affairs; recommendation of per- sons for employment; acceptance of presents, etc. 1742. Salary in case of absence. Act June 11, 1874, c. 275, $ 4. Time of transit allowed to diplomat- ic and consular officers. 1743. Extra compensation prohibited. Secs. 1740-1741) Tit. 18—DIPLOMATIC OFFICERS—Ch. 3. 1191 Sec. 1744. Compensation to citizens only. Act June 11, 1874, c. 275, $ 6. Compensation of vice-consuls not cit- izens. Act March 2, 1901, c. 802. Payment of salaries of consular of- ficers not citizens. 1745. President to regulate fees. Act June 26, 1884, c. 121, § 12. No consular fees for official services to American vessels or seamen. 17-16. Fees to be collected in coin. Sec. 1747. Officers to account for fees. 1748. Expenses of legations, consulates, etc. 1749. Allowance to widow of consular officer deceased in a foreign country. 1750. Depositions; penalty for perjury in such cases; evidence of tak- ing the oath; penalty for for- ging certificate of oath. 1751. [Superseded.] 1752. Regulations. Sec. 1740, Term during which salary is payable. No ambassador, envoy extraordinary, minister plenipotentiary, minister resident, commissioner, chargé d'affaires, secretary of lega- tion, assistant secretary of legation, interpreter to any legation or consulate, or consul-general, consul, or commercial agent, mentioned in Schedules B and C, shall be entitled to compensation for his serv- ices, except from the time when he reaches his post and enters upon his official duties to the time when he ceases to hold such office, and for such time as is actually and necessarily occupied in receiving his instructions, not to exceed thirty days, and in making the direct tran- sit between the place of his residence, when appointed, and his post of duty, at the coinmencement and termination of the period of his official service, for which he shall in all cases be allowed and paid, except as hereinafter mentioned. And no person shall be deemed to hold any such office after his successor is appointed and actually enters upon the duties of his office at his post of duty, nor after his official residence at such post has terminated if not so relieved. But no such allowance or payment shall be made to any consul-general, consul, or commercial agent, not embraced in Schedules B and C, or to any vice-consul, vice-commercial agent, deputy consul, or consular - agent, for the time so occupied in receiving instructions, or in such transit as aforesaid; nor shall any such officer as is referred to in this section be allowed compensation for the time so occupied in such transit, at the termination of the period of his official service, if he has resigned or been recalled therefrom for any malfeasance in his office. Act Aug. 18, 1856, c. 127, § 8, 11 Stat. 55. The Secretary of State is required to determine the maximum time nec- essary to make the transit between each diplomatic and consular post and the city of Washington, by Act June 11, 1874, c. 275, § 4, post, following Rev. St. § 1742. Sec. 1741. [Superseded. Act June 17, 1874, c. 294.] The provisions of this section are re-enacted, substantially, by Act June 17, 1874, c. 294, set forth below. 1192 Tit. 18—DIPLOMATIC OFFICERS—Ch. 3. (Secs. 1741-1742 ACT JUNE 17, 1874, c. 294. An Act relating to Ambassadors, Consuls, and other Officers. (18 Stat. 77.) Absence without leave; correspondence with private persons on public affairs; recommendation of persons for employment; acceptance of presents, etc. Be it enacted, &c., That no Ambassador, Envoy Extraordinary, Minister Plenipotentiary, Minister Resident, Commissioner to any foreign country, chargé d'affaires, Secretary of Legation, Assistant Secretary of Legation, Interpreter to any legation in any foreign country, Consul General, Consul, Commercial Agent, consular pu- pils, or consular agent shall be absent from his post or the perform- ance of his duties for a longer period than ten days at any one time, without the permission previously obtained of the President. And no compensation shall be allowed for the time of any such absence in any case except in cases of sickness; nor shall any diplomatic or consular officer correspond in regard to the public affairs of any foreign government with any private person, newspaper, or other periodical, or otherwise than with the proper officers of the United States; nor without the consent of the Secretary of State previously obtained, recommend any person at home or abroad for any em- ployment of trust or profit under the Government of the country in which he is located; nor ask or accept, for himself or any other per- son, any present, emolument, pecuniary favor, office, or title of any kind from any such government. Act June 17, 1874, c. 294, 18 Stat. 77. This act re-enacts Rev. St. $1741, 1751, with a few slight additions. Rev. St. § 1741, provided that "No ambassador, envoy-extraordinary, minister-plenipotentiary, minister-resident, commissioner, chargé d'af- faires, secretary of legation, assistant secretary of legation, interpreter for any legation or consulate, or consul-general, consul, or commercial agent, mentioned in Schedules B and C, or consular agent, shall be ab- sent from his post, or the performance of his duties, for a longer period than ten days at any one time, without the permission previously obtain- ed of the President." Rev. St. & 1751, provided that “no diplomatic or consular officer shall correspond in regard to the public affairs of any foreign government with any private person, newspaper, or other periodical, or otherwise than with the proper officers of the United States,--nor recommend any per- son, at home or abroad, for any employment of trust or profit under the government of the country in which he is located; nor ask or accept, for himself or any other person, any present, emolument, pecuniary favor, office, or title of any kind, from any such government." Carrying on correspondence with any foreign government with intent to influence its measures or conduct in relation to any dispute or con- troversies with the United States, or to defeat the measures of the Gov- ernment of the United States, is punishable, by Rev. St. $ 5335. Sec. 1742. Salary in case of absence. No diplomatic or consular officer shall receive salary for the time during which he may be absent from his post, by leave or otherwise, beyond the term of sixty days in any one year; but the time equal to that usually occupied in going to and from the United States in Secs. 1742–1744) Tit. 18—DIPLOMATIC OFFICERS —Ch. 3. 1193 case of the return, on leave, of such diplomatic or consular officer to the United States may be allowed in addition to such sixty days. Act March 3, 1869, c. 125, § 2, 15 Stat. 321. The Secretary of State is required to determine the maximum time nec- essary to make the transit between each diplomatic and consular post and the city of Washington, by Act June 11, 1874, c. 275, § 4, set forth below. ACT JUNE 11, 1874, c. 275, § 4. Time of transit allowed to diplomatic and consular officers. That the Secretary of State shall, as soon as practicable, establish and determine the maximum amount of time actually necessary to make the transit between each diplomatic and consular post and the city of Washington, and vice versa, and shall make the same public. He may also, from time to time, revise his decision in this respect; but in each case the decision is to be in like manner made public. And the allowance for time actually and necessarily occupied by each diplomatic and consular officer who may be entitled to such al- lowance shall in no case exceed that for the time thus established and determined, with the addition of the time usually occupied by the shortest and most direct mode of conveyance from Washington to the place of residence in the United States of such officer. Act June 11, 1874, c. 275, $ 4, 18 Stat. 70. This section is a part of the diplomatic and consular appropriation act for the fiscal year ending June 30, 1875, cited above. Sec. 1743. Extra compensation prohibited. The compensation allowed by law to the various diplomatic and consular officers shall be in full for all the services rendered and per- sonal expenses incurred by the persons respectively for whom such compensation is provided, of whatever kind such services or personal expenses may be, or by whatever treaty, law, or instructions they are required; and no allowance, other than such as is so provided, shall be made in any case for the outfit or return home of any such officer or person. Act Aug. 18, 1856, c. 127, § 20, 11 Stat. 59. Sec. 1744. Compensation to citizens only. No compensation provided for any officer mentioned in section sixteen hundred and seventy-five, or for any assistant secretary of legation, or any appropriation therefor, shall be applicable to the pay- ment of the compensation of any person appointed to or holding any such office who shall not be a citizen of the United States; nor shall any other compensation be allowed in any such case. Act Aug. 18, 1856, c. 127, $ 21, 11 Stat. 60. The officers mentioned in section 1675 are ambassadors, envoys-ex- traordinary and ministers-plenipotentiary, ministers-resident and commis- sioners, chargé d'affaires, and secretaries of legations. Vice-consuls temporarily acting as consuls are entitled to receive com- 1194 Tit. 18— DIPLOMATIC OFFICERS—Ch. 3. (Secs. 1744–1745 pensation although not citizens of the United States, by Act June 11, 1874, c. 275, § 6, set forth below. ACT JUNE 11, 1874, c. 275, § 6. Compensation of vice-consuls not citizens. That any vice-consul who may be temporarily acting as consul during the absence of such consul may receive compensation, not- withstanding that he is not a citizen of the United States. * * Act June 11, 1874, c. 275, $ 6, 18 Stat. 70. This section is a part of the diplomatic and consular appropriation act for the fiscal year ending June 30, 1875, cited above. As that act was passed before the enactment of the Revised Statutes, although it has ef- fect as a subsequent statute, pursuant to Rev. St. § 5601, this section ap- parently had in view the then existing provision of Act Aug. 18, 1856, c. 127, $ 21, 11 Stat. 60, that the compensation for officers mentioned in Schedules B and C (the consular officers) should not be paid to persons who were not citizens of the United States. But this provision is omitted from Rev. St. $ 1744, in which the remainder of the section is incorpo- rated, and does not appear to have been included elsewhere in the Re- vised Statutes. Payment of salaries of consular officers not citizens is regulated by a provision of Act March 2, 1901, c. 802, set forth below. ACT MARCH 2, 1901, c. 802. Payment of salaries of consular officers not citizens. The salary of a consular officer not a citizen of the United States shall be paid out of the amount specifically appropriated for salary at the consular office to which the alien officer is attached or appointed. * Act March 2, 1901, c. 802, 31 Stat. 892. This is a provision of the diplomatic and consular appropriation act for the fiscal year ending June 30, 1902, cited above. A similar provision is contained in the appropriation acts for previous years. Sec. 1745. President to regulate fees. The President is authorized to prescribe, from time to time, the rates or tariffs of fees to be charged for official services, and to des- ignate what shall be regarded as official services, besides such as are expressly declared by law, in the business of the several legations, consulates, and commercial agencies, and to adapt the same, by such differences as may be necessary or proper, to each legation, consulate, or commercial agency; and it shall be the duty of all officers and persons connected with such legations, consulates, or commercial agencies to collect for such official services such and only such fees as may be prescribed for their respective legations, consulates, and commercial agencies, and such rates or tariffs shall be reported an- nually to Congress. Act Aug. 18, 1856, c. 127, § 16, 11 Stat. 57. The fees named in the tariff of consular fees prescribed by order of the President are not to be charged or collected by consular officers for their Secs. 1745–1747) Tit. 18—DIPLOMATIC OFFICERS—Ch. 3. 1195 oflicial services to American vessels and seamen by Act June 26, 1883, c. 121, § 12, set forth below. Provisions relating to fees and compensation of consular officers only are contained in Rev. St. 88 1716, 1718-1733. ACT JUNE 26, 1884, c. 121, § 12. No consular fees for official services to American vessels or seamen. That on and after July first, eighteen hundred and eighty-four, no fees named in the tariff of consular fees prescribed by order of the President shall be charged or collected by consular officers for the official services to American vessels and seamen. Consular officers shall furnish the master of every such vessel with an itemized state- ment of such services performed on account of said vessel, with the fee so prescribed for each service, and make a detailed report to the Secretary of the Treasury of such services and fees, under such reg- ulations as the Secretary of State may prescribe; and the Secretary of the Treasury shall allow consular officers who are paid in whole or in part by fees such compensation for said services as they would have received prior to the passage of this act: Provided, That such services, in the opinion of the Secretary of the Treasury have been necessarily rendered; and a sum sufficient for the payment of such compensation, when thus adjusted by the Secretary of the Treasury, is hereby appropriated out of any money in the Treasury not otherwise appropriated. Act June 26, 1884, c. 121, § 12, 23 Stat. 56. This section is part of an act to remove certain burdens on the Ameri- can merchant marine, etc., cited above. Other sections are set forth or referred to post, following Rev. St. $ 4219. Sec. 1746. Fees to be collected in coin. All fees collected by diplomatic and consular officers for and in be- half of the United States shall be collected in the coin of the United States, or at its representative value in exchange. Act Aug. 18, 1856, c. 127, § 30, 11 Stat. 63. Sec. 1747. Officers to account for fees. All fees collected by the consuls general, consuls, and commercial agents mentioned in Schedules B and C, and by vice-consuls and vice- commercial agents appointed to perform their duties, or by any other persons in their behalf, shall be accounted for to the Secretary of the Treasury, and held subject to his draft, or other directions. Act Aug. 18, 1856, c. 127, § 18, 11 Stat. 58. Returns and accounts of fees by consular officers are regulated by Rev. St. $$ 1724-1729. Willful neglect to render accounts and returns of moneys received by consular officers is punishable as embezzlement, by Rev. St. $ 1734. 1196 Tit. 18— DIPLOMATIC OFFICERS—Ch. 3. (Secs. 1748-1750 Sec. 1748. Expenses of legations, consulates, etc. The President is authorized to provide at the public expense all such stationery, blanks, record and other books, seals, presses, flags, and signs, as he shall think necessary for the several legations, con- sulates, and commercial agencies in the transaction of their business. Act Aug. 18, 1856, c. 127, § 22, 11 Stat. 60. Sec. 1749. Allowance to widow of consular officer deceased in a foreign country. Whenever any diplomatic or consular officer of the United States dies in a foreign country in the discharge of his duty, there shall be paid to his widow, or, if no widow survive him, then to his heirs at law, a sum of money equal to the allowance now made to such officer for the time necessarily occupied in making the transit from his post of duty to his residence in the United States. Act Feb. 22, 1873, c. 184, § 2, 17 Stat. 474. Sec. 1750. Depositions; penalty for perjury in such cases; evidence of taking the oath; penalty for forging certificate of oath. Every secretary of legation and consular officer is hereby author- ized, whenever he is required or deems it necessary or proper so to do, at the post, port, place, or within the limits of his legation, con- sulate, or commercial agency, to administer to or take from any person an oath, affirmation, affidavit, or deposition, and to perform any notarial act which any notary public is required or authorized by law to do within the United States. Every such oath, affirmation, affidavit, deposition, and notarial act administered, sworn, affirmed, taken, had, or done, by or before any such officer, when certified un- der his hand and seal of office, shall be as valid, and of like force and effect within the United States, to all intents and purposes, as if ad- ministered, sworn, affirmed, taken, had, or done, by or before any other person within the United States duly authorized and competent thereto. If any person shall willfully and corruptly commit perjury, or by any means procure any person to commit perjury in any such oath, affirmation, affidavit, or deposition, within the intent and mean- ing of any act of Congress now or hereafter made, such offender may be charged, proceeded against, tried, convicted, and dealt with in any district of the United States, in the same manner, in all respects, as if such offense had been committed in the United States, before any officer duly authorized therein to administer or take such oath, af- firmation, affidavit, or deposition, and shall be subject to the same punishment and disability therefor as are or shall be prescribed by any such act for such offense; and any document purporting to have affixed, impressed, or subscribed thereto or thereon the seal and signature of the officer administering or taking the same in testi- mony thereof, shall be admitted in evidence without proof of any such seal or signature being genuine or of the official character of such Secs. 1750–1752) Tit. 18 DIPLOMATIC OFFICERS—Ch. 3. 1197 person; and if any person shall forge any such seal or signature, or shall tender in evidence any such document with a false or counter- feit seal or signature thereto, knowing the same to be false or coun- terfeit, he shall be deemed and taken to be guilty of a misdemeanor, and on conviction shall be imprisoned not exceeding three years nor less than one year, and fined in a suni not to exceed three thousand dollars, and may be charged, proceeded against, tried, convicted, and dealt with, therefor, in the district where he may be arrested or in custody. Act Aug. 18, 1856, c. 127, $ 24, 11 Stat. 61. The certificate of acknowledgment of assignments, grants, or convey- ances of patents before any secretary of legation or consular officer all- thorized by this section to administer oaths or perform notarial acts is made prima facie evidence of the execution of such assignments, grants, or conveyances, by Rev. St. $ 4898, as amended by Act March 3, 1897, c. 391, $ 5. Sec. 1751. [Superseded. Act June 17, 1874, C. 294.] The provisions of this section are re-enacted, substantially, by Act June 17, 1874, c. 294, ante, under Rev. St. 1741. See note under that act. Sec. 1752. Regulations. The President is authorized to prescribe such regulations, and make and issue such orders and instructions, not inconsistent with the Constitution or any law of the United States, in relation to the duties of all diplomatic and consular officers, the transaction of their busi- ness, the rendering of accounts and returns, the payment of compen- sation, the safe keeping of the archives and public property in the hands of all such officers, the communication of information, and the procurement and transmission of the products of the arts, sciences, manufactures, agriculture, and commerce, from time to time, as he may think conducive to the public interest. It shall be the duty of all such officers to conform to such regulations, orders, and instruc- tions. Act Aug. 18, 1856, c. 127, $ 22, 11 Stat. 60. TITLE XIX. PROVISIONS APPLICABLE TO SEVERAL CLASSES OF OFFICERS. Sec. Sec. 1753. President to regulate admissions 1764. Extra services. to the civil service. 1765. Extra allowances. 1754. Preference of persons disabled in Act June 20, 1874, c. 328, § 3. military or naval service. Extra compensation or perquisites. 1755. Recommendation for employment Act March 3, 1875, c. 133, § 1. of such persons. Actual traveling expenses only to be Act March 3, 1893, c. 208, $ 1. allowed. Employés of detective agencies not 1766. Officers in arrears. to be in government service. Act Aug. 8, 1888, c. 787. 1756. [Repealed.] 1. Notice to sureties on official bonds Act May 13, 1884, c. 46. of delinquency of principal. 1. [Amends Rey. St. $ 1218.] 2. Limitation of actions on official 2. Form of oath of office; effect of bonds. repeal. Act July 16, 1892, c. 195, $ 1. 3. Effect of act on existing rights, Withholding pay of officers of Army. etc. 1767-1772. [Repealed.] 4. [Repeals Rev. St. S$ 820, 821.] 1773. Commissions. 1757. Oath for certain persons. 1774. Notification of appointments to Act June 6, 1898, c. 389. Secretary of Treasury. Disability imposed by by fourteenth 1775. Notification of nominations, re- amendment to Constitution remov- jections, etc., to Secretary of ed. Treasury. 1758. Who may administer oath. 1776. Removal of office. 1759. Custody of oath. 1777. Preservation of copies of Stat- Act March 2, 1895, c. 177, 8 5. utes at Large. Examination and renewal of bonds. Act Aug. 7, 1882, c. 432, $ 1. 1760. Unauthorized office, no salary for. Statutes furnished certain officers to Act Aug. 15, 1876, c. 287, § 5. remain public property. Unauthorized employment of clerks, 1778. Taking oaths, acknowledgments, etc. etc. 1761. No salaries to certain appointees 1779. Restriction upon payments for to fill vacancies during recess of newspapers, etc. Senate. 1780. Failure to make returns or re- 1762. [Superseded.] ports. Act March 2, 1895, c. 187, 8 1. 1781. Prohibition upon taking consider- Salaries to officers in Treasury De- ation for procuring contracts, partment holding over. offices, etc. 1763. Double salaries. 1782. Upon taking compensation in mat- Act July 31, 1894, c. 174, § 2. ters to which United States is Holding other lucrative office. a party. Act June 3, 1896, c. 314, $ 7. 1783. Persons interested not to act as Employment of retired officers of agents of the Government. Army or Navy on river and har- bor improvements. (1198) Tit. 19-SEVERAL CLASSES OF OFFICERS. 1199 Sec. Act Feb. 25, 1897, c. 316. 1. Prohibition of purchase of claims against United States for less than face value. 2. Punishment of violation of act. 1784. Prohibition of contributions, pres- ents, etc., to superiors. 1785. Punishment for aiding, etc., in importing or trading in obscene literature. 1786, 1787. [Superseded.] 1788. Disbursing officers forbidden to trade in public funds or prop- erty. 1789. Collecting officers forbidden trade in public property. 1790. Restriction on payment for serv- ices. Act Aug. 15, 1876, c. 287, § 6. Contributions for political purposes. Act Jan. 31, 1881, c. 32. 1. [Temporary.] 2. Foreign decorations to officers of United States not to be public- ly shown or exposed on person. 3. Foreign decorations, etc., to offi- cers of United States; delivery through State Department. Res. Jan. 6, 1885, No. 5. Holidays allowed to per diem em- ployés. Res. Feb. 23, 1887, No. 6. Holidays allowed to per diem em- ployés. Act Feb. 24, 1899, c. 187, § 4. Officers, clerks, etc., permanently in- capacitated; prohibition of civil pension roll, etc. Sec. (4) For probation before ab- solute appointment. (5) Against contributions for political purposes. (6) Against political coercion by officers. (7) For non-competitive ex- aminations in certain cases. (8) For notice of appoint- ments, rejections, transfers, resignations, and removals; excep- tions to be set forth with rules. 3. Regulations for examina- tions, and records. 4. Investigations and reports on execution of act. 5. Annual report. 3. Chief examiner; secretary; ste- nographer; messenger; boards of examiners; examinations. 4. Rooms and accommodations for commission. 5. Violation of duties, etc., by com- mission, officers, etc. 6. Classification of clerks, etc., in customs service, postoffices, and other departments and offices. 7. Appointments and promotions to be made upon examinations. 8. Excessive use of intoxicants a bar to official position. 9. Restriction on appointments of members of one family. 10. Recommendations by members of Congress. 11. Assessments, subscriptions, and [CIVIL SERVICE.] Act Jan. 16, 1883, c. 27. 1. Civil Service Commission; ap- pointment; removal; vacancies; salaries and expenses. 2. Duties of commissioners. 1. Preparation of rules. 2. Provisions of rules. (1) For competitive examina- tions. (2) For selection of officers, contributions for political pur- poses. 12. Soliciting or receiving contribu- tions for political purposes in public offices. 13. Immunity from official proscrip- tion for failure to make contri- bution for political purpose. 14. Giving money, etc., to officials for political purposes. 15. Punishment of violations of fore- going provisions. Act July 11, 1890, c. 667, § 1. Applications for examinations to be accompanied by a certificate of resi- dence. etc., according to re- sults of examinations. (3) Apportionment of ap- pointments; a pplica- tions for examinations. 1200 . Tit. 19— SEVERAL CLASSES OF OFFICERS. (Secs. 1753–1755 Sec. 1753. President to regulate admissions to the civil service. The President is authorized to prescribe such regulations for the admission of persons into the civil service of the United States as may best promote the efficiency thereof, and ascertain the fitness of each candidate in respect to age, health, character, knowledge, and ability for the branch of service into which he seeks to enter; and for this purpose he may employ suitable persons to conduct such in- quiries, and may prescribe their duties, and establish regulations for the conduct of persons who may receive appointments in the civil service. Act March 3, 1871, c. 114, § 9, 16 Stat. 514. The authority conferred upon the President by this section is not taken away by Act Jan. 16, 1883, c. 27, set forth post, at the end of this chapter, except in so far as it is inconsistent with the provisions of that act, by a provision of section 7 thereof. Sec. 1754. Preference of persons disabled in military or naval service. Persons honorably discharged from the military or naval service by reason of disability resulting from wounds or sickness incurred in the line of duty, shall be preferred for appointments to civil offices, pro- vided they are found to possess the business capacity necessary for the proper discharge of the duties of such offices. Res. March 3, 1865, No. 27, § 1, 13 Stat. 571, This section is expressly excepted from the operation of Act Jan. 16, 1883, c. 27, set forth post, at the end of this chapter, by a provision of section 7 thereof. The heads of the executive departments, in making any reduction of their clerical force, are to retain persons equally qualified, who have been honorably discharged from the military or naval service, and the widows and orphans of deceased soldiers and sailors, by a provision of Act Aug. 15, 1876, c. 287, 8 1, ante, under Rev. St. & 166. Sec. 1755. Recommendation for employment of such persons. In grateful recognition of the services, sacrifices, and sufferings of persons honorably discharged from the military and naval service of the country, by reason of wounds, disease, or the expiration of terms of enlistment, it is respectfully recommended to bankers, mer- chants, manufacturers, mechanics, farmers, and persons engaged in industrial pursuits, to give them the preference for appointments to remunerative situations and employments. Res. March 3, 1865, No. 27, § 2, 13 Stat. 571. ACT MARCH 3, 1893, c. 208, § 1. Employés of detective agencies not to be in government service. * * That hereafter no employee of the Pinkerton Detective Agency, or similar agency, shall be employed in any Government service or by any officer of the District of Columbia. Act March 3, 1893, c. 208, § 1, 27 Stat. 591. This is a provision of the sundry civil appropriation act for the fiscal * * Sec. 1756) 1201 Tit. . . 19— SEVERAL CLASSES OF OFFICERS. year ending June 30, 1894, cited above. A like provision, without the word "hereafter," was contained in the similar appropriation act for the preceding year. Act Aug. 5, 1892, c. 380, 27 Stat. 368. Sec. 1756. [Repealed. Act May 13, 1884, c. 46, § 2.] This section was as follows: “Every person elected or appointed to any office of honor or profit, either in the civil, military, or naval service, excepting the President and the persons embraced by the section following, shall, before entering upon the duties of such office, and before being entitled to any part of the salary or other emoluments thereof, take and subscribe the following oath: 'I, A B, do solemnly swear (or affirm) that I have never volun- tarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that I have neither sought, nor accepted, nor attempted to exercise the func- tions of any office whatever, under any authority, or pretended authority, in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority, power, or constitution within the United States, hostile or inimical thereto. And I do further swear (or affirm) that, to the best of my knowledge and ability, I will support and defend the Constitution of the United States against all ene- mies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reserva- tion or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter, so help me God.'' It is expressly repealed by Act May 13, 1884, c. 46, § 2, set forth below. ACT MAY 13, 1884, c. 46. An Act Amending the Revised Statutes of the United States in Respect of Official Oaths, and for Other Purposes. (23 Stat. 21.) Be it enacted, etc. [Sec. I amends Rey. St. § 1218.] This section amended Rev. St. § 1218; but said section 1218 was re- pealed by Act March 31, 1896, c. 84. See note under said section 1218. Form of oath of office; effect of repeal. Sec. 2. That section seventeen hundred and fifty-six of the Re- vised Statutes be, and the same is hereby, repealed; and hereafter the oath to be taken by any person elected or appointed to any office of honor or profit either in the civil, military, or naval service, ex- cept the President of the United States, shall be as prescribed in section seventeen hundred and fifty-seven of the Revised Statutes. But this repeal shall not affect the oaths prescribed by existing stat- utes in relation to the performance of duties in special or particular sub-ordinate offices and employments. Act May 13, 1884, c. 46, 82, 23 Stat. 22. Effect of act on existing rights, etc. Sec. 3. That the provisions of this act shall in no manner affect any right, duty, claim, obligation, or penalty now existing or already incurred; and all and every such right, duty, claim, obligation, and LAWS '01-76 1202 Tit. 19— SEVERAL CLASSES OF OFFICERS. (Secs. 1756–1758 penalty shall be heard, tried, and determined, and effect shall be given thereto, in the same manner as if this act had not been passed. Act May 13, 1884, c. 46, $ 3, 23 Stat. 22. Sec. 4. [Repeals Rev. St. $$ 820, 821.] Sec. 1757. Oath for certain persons. Whenever any person who is not rendered ineligible to office by the provisions of the fourteenth amendment to the Constitution is elected or appointed to any office of honor or trust under the Gov- ernment of the United States, and is not able, on account of his participation in the late rebellion, to take the oath prescribed in the preceding section, he shall, before entering upon the duties of his office, take and subscribe in lieu of that oath the following oath: “I, A B, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or pur- pose of evasion; and that I will well and faithfully discharge the du- ties of the office on which I am about to enter. So help me God.” Act July 11, 1868, c. 139, 15 Stat. 85. Act Feb. 15, 1871, c. 53, 16 Stat. 412. This oath is to be taken by any person elected or appointed to any office of honor or profit in the civil, military, or naval service, except the President, by Act May 13, 1884, c. 46, § 2, ante, under Rev. St. $ 1756. The disability imposed by the provisions of the fourteenth amendment to the Constitution, referred to in this section, is removed by Act June 6, 1898, c. 389, set forth below. The oath of allegiance, and to support the Constitution of the United States, as required of persons in the civil service, is required of persons prosecuting claims before any of the Departments or Bureaus of the United States, by Rev. St. $ 3478. ACT JUNE 6, 1898, c. 389. An Act to Remove the Disability Imposed by Section three of the Fourteenth Amendment to the Constitution of the United States. (30 Stat. 432.) Disability imposed by fourteenth amendment to Constitution removed. Be it enacted, etc., That the disability imposed by section three of the Fourteenth Amendment to the Constitution of the United States heretofore incurred is hereby removed. Act June 6, 1898, c. 389, 30 Stat. 432. Section 3 of the fourteenth amendment to the Constitution, referred to in this act, provides that no person shall be a Senator, Representative, or hold any office, etc., who, having previously taken an oath, as a mem- ber of Congress or as an officer of the United States, etc., to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, etc. Sec. 1758. Who may administer oath. The oath of office required by either of the two preceding sections Secs. 1758-1759) Tit. 19— SEVERAL CLASSES OF OFFICERS. 1203 may be taken before any officer who is authorized either by the laws of the United States, or by the local municipal law, to administer oaths, in the State, Territory, or District where such oath may be administered. Act Aug. 6, 1861, c. 64, § 2, 12 Stat. 326. Officers, clerks, or other employés of any executive department who are also notaries public, or otherwise entitled to administer oaths, are not entitled to charge a fee for administering oaths of office to other em- ployés, by Act Aug. 29, 1890, c. 820, 81, under Rev. St. $ 170. The magistrates or other officers who may administer the oath of office to collectors and other officers of the customs service are prescribed by Rev. St. 8 2617. Sec. 1759. Custody of oath. The oath of office taken by any person pursuant to the require- ments of section seventeen hundred and fifty-six, or of section sev- enteen hundred and fifty-seven, shall be delivered in by him to be preserved among the files of the House of Congress, Department, or court to which the office in respect to which the oath is made may appertain. Act July 2, 1862, c. 128, 12 Stat. 502. Rev. St. $ 1756, referred to in this section, is repealed by Act May 13, 1884, c. 46, $ 2. The oaths of subordinate officers of the customs were required to be taken in duplicate, and one copy to be transmitted to the commissioner of customs, and the other to be filed with the collector of customs for the district in which the officer appointed acts, by Act Feb. 8, 1875, c. 1875, c. 36, § 11, post, under Rev. St. § 2616. After the abolition of the office of commissioner of customs by Act July 31, 1894, c. 174, § 4, ante, following Rev. St. $ 268, the copy of the oath previously required to be filed with said officer was required to be filed with the Secretary of the Treasury, by Act March 2, 1895, c. 177, § 5, ante, under Rev. St. 8 256. Other provisions of Act March 2, 1895, c. 177, § 5, relating to the cus- tody of bonds of various officers, are also set forth ante, under Rev. St. § 256. And still further provisions of the same section, for the examina- tion, renewal, etc., of official bonds, are set forth below. ACT MARCH 2, 1895, c. 177, 8 5. Examination and renewal of bonds. * * Hereafter every officer required by law to take and approve official bonds shall cause the same to be examined at least once every two years for the purpose of ascertaining the sufficiency of the sure- ties thereon; and every officer having power to fix the amount of an official bond shall examine it to ascertain the sufficiency of the amount thereof and approve or fix said amount at least once in two years and as much oftener as he may deem it necessary. Hereafter every officer whose duty it is to take and approve offi- cial bonds shall cause all such bonds to be renewed every four years after their dates, but he may require such 'bonds to be renewed or strengthened oftener if he deem such action necessary. In the dis- cretion of such officer the requirement of a new bond may be waived for the period of service of a bonded officer after the expiration of a 1204 Tit. 19— SEVERAL CLASSES OF OFFICERS. . (Secs. 1759–1760 four-year term of service pending the appointment and qualification of his successor: Provided, That the nonperformance of any re- quirement of this section on the part of any official of the Govern- ment shall not be held to affect in any respect the liability of princi- pal or sureties on any bond made or to be made to the United States: Provided further, That the liability of the principal and sureties on all official bonds shall continue and cover the period of service en- suing until the appointment and qualification of the successor of the principal. And provided further, That nothing in this section shall be construed to repeal or modify section thirty-eight hundred and thirty-six of the Revised Statutes of the United States. Act March 2, 1895, c. 177, § 5, 28 Stat. 807. These provisions are part of section 5 of the legislative, executive, and judicial appropriation act for the fiscal year ending June 30, 1896, cited above. The portion of the section omitted here relates to the custody of the oaths of certain customs officers, and to the duties of the Secretary of the Treasury with regard to bonds of certain officers, and is set forth ante, under Rev. St. § 256. Sec. 1760. Unauthorized office, no salary for. No money shall be paid from the Treasury to any person acting or assuming to act as an officer, civil, military, or naval, as salary, in any office when the office is not authorized by some previously existing law, unless such office is subsequently sanctioned by law. Act Feb. 9, 1863, c. 25, $ 2, 12 Stat. 646. Payments for official or clerical compensation from appropriations for contingent, incidental, or miscellaneous purposes are also forbidden by Rev. St. $ 3682. The employment by the executive officers of the Government of any clerk, etc., in the executive departments at Washington or elsewhere, be- yond provision made by law, is forbidden by a provision of Act Aug. 15, 1876, c. 287, § 5, set forth below. The officers, clerks, etc., to be employed in the executive departments, are limited to the compensation and number for which specific provision is made by appropriations each year, by Act Aug. 5, 1882, c. 389, § 4, ante, under Rev. St. 8 169. ACT AUG. 15, 1876, c. 287, § 5. . , Unauthorized employment of clerks, etc. That the executive officers of the Government are hereby prohibit- ed from employing any clerk, agent, engineer, draughtsman mes- senger watchman, laborer, or other employee, in any of the execu- tive departments in the city of Washington, or elsewhere beyond provision made by law. Act Aug. 15, 1876, c. 287, § 5, 19 Stat. 169. This section is a part of the legislative, executive, and judicial appro- priation act for the fiscal year ending June 30, 1877, cited above. The employment of civil officers, clerks, etc., in any of the executive departments, bureaus, or offices at the seat of government, except at such rates and in such numbers as may be specifically appropriated for, is for- bidden by Act Aug. 5, 1882, c. 389, § 4, ante, under Rev. St. $ 169. Secs. 1761-1763) Tit. 19— SEVERAL CLASSES OF OFFICERS. 1205 Sec. 1761. Nu salaries to certain appointees to fill vacancies during recess of Senate. No money shall be paid from the Treasury, as salary, to any per- son appointed during the recess of the Senate, to fill a vacancy in any existing office, if the vacancy existed while the Senate was in session and was by law required to be filled by and with the advice and consent of the Senate, until such appointee has been confirmed by the Senate. Act Feb. 9, 1863, c. 25, $ 2, 12 Stat. 646. Sec. 1762. [Superseded. Act March 3, 1887, c. 353, § 1.) This section prohibited payment out of any public moneys to or by or for the benefit of any person appointed to or holding office contrary to Rev. St. $$ 1767-1770. Those sections having been repealed by Act March 3, 1887, c. 353, § 1, 24 Stat. 500, the provisions of this section, also, have become inoperative. ACT MARCH 2, 1895, c. 187, § 1. Salaries to officers in Treasury Department holding over. * Treasury Department. That the Secretary of the Treas- ury be, and he is hereby, authorized and directed to pay to all offi- cers under the Treasury Department whose terms of office have ex- pired or shall expire before the appointment and qualification of their successors, and who have been performing or shall perform the du- ties of their respective offices after the date of such expiration, the salary, compensation, fees, or emoluments authorized or provided by law in each case for the respective incumbents of the offices: Provided, That no such payment shall be made for any services rendered by any such officer wrongfully holding after the appoint- ment and qualification of his successor. Act March 2, 1895, c. 187, § 1, 28 Stat. 843. This is a provision of the deficiency appropriation act for the fiscal year ending June 30, 1895, cited above. A like provision, applicable only to customs officers, was contained in the similar appropriation act for the preceding year. Act Aug. 23, 1894, c. 307, § 1, 28 Stat. 424. Sec. 1763. Double salaries. No person who holds an office, the salary or annual compensa- tion attached to which amounts to the sum of two thousand five hun- dred dollars, shall receive compensation for discharging the duties of any other office, unless expressly authorized by law. Act Aug. 31, 1852, c. 108, § 18, 10 Stat. 100. The appointment of persons holding an office, such as is described in this section, to any other office to which compensation is attached, is restricted by provisions of Act July 31, 1894, c. 174, $ 2, and Act June 3, 1896, c. 314, § 1, set forth below. Compensation to officers, clerks, etc., for extra services, and other ad- 1206 Tit. 19— SEVERAL CLASSES OF OFFICERS. (Secs. 1763–1764 ditional pay, or extra allowances or compensation, are restricted by Rev. St. 88 1764, 1765, and subsequent provisions set forth or referred to un- der those sections. ACT JULY 31, 1894, c. 174, & 2. Holding other lucrative office. * * No person who holds an office the salary or annual com- pensation attached to which amounts to the sum of two thousand five hundred dollars shall be appointed to or hold any other office to which compensation is attached unless specially heretofore or hereafter specially authorized thereto by law; but this shall not ap- ply to retired officers of the Army or Navy whenever they may be elected to public office or whenever the President shall appoint them to office by and with the advice and consent of the Senate. Act July 31, 1894, c. 174, § 2, 28 Stat. 205. This is a provision of the legislative, executive, and judicial appropria- tion act for the fiscal year ending June 30, 1895, cited above. Other provisions relating to retired officers of the Army or Navy serv- ing in other capacities are contained in Rev. St. $S 1223, 1260, 1462, and subsequent statutes set forth thereunder, and in Act June 3, 1896, c. 314, § 7, set forth below. ACT JUNE 3, 1896, c. 314, $ 7. Employment of retired officers of Army or Navy on river and harbor improvements. * * That section two of the Act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety- five, and for other purposes, approved July thirty-first, eighteen hun- dred and ninety-four, shall not be so construed as to prevent the employment of any retired officer of the Army or Navy to do work under the direction of the Chief of Engineers of the United States Army in connection with the improvement of rivers and harbors of the United States, or the payment by the proper officer of the Treas- ury of any amounts agreed upon as compensation for such employ- ment. Act June 3, 1896, c. 314, § 7, 29 Stat. 235. This is a provision of the river and harbor appropriation act of June 3, 1896, c. 314, § 7, cited above. * Sec. 1764. Extra services. No allowance or compensation shall be made to any officer or clerk, by reason of the discharge of duties which belong to any other officer or clerk in the same or any other Department; and no al- lowance or compensation shall be made for any extra services what- ever, which any officer or clerk may be required to perform, unless expressly authorized by law. Act Aug. 26, 1842, c. 202, § 12, 5 Stat. 525. Compensation to clerks in the executive departments for extra services is forbidden by Rev. St. $ 170. Sec. 1765) 1207 Tit. 19— SEVERAL CLASSES OF OFFICERS. Sec. 1765. Extra allowances. No officer in any branch of the public service, or any other per- son whose salary, pay, or emoluments are fixed by law or regula- tions, shall receive any additional pay, extra allowance, or compen- sation, in any form whatever, for the disbursement of public money, or for any other service or duty whatever, unless the same is au- thorized by law, and the appropriation therefor explicitly states that it is for such additional pay, extra allowance, or compensation. Act March 3, 1839, c. 82, § 3, 5 Stat. 349. Act Aug. 23, 1842, c. 183, $ 2, 5 Stat. 510. ACT JUNE 20, 1874, c. 328, $ 3. Extra compensation or perquisites. That no civil officer of the Government shall hereafter receive any compensation or perquisites, directly or indirectly, from the treas- ury or property of the United States beyond his salary or compen- sation allowed by law: Provided, That this shall not be construed to prevent the employment and payment by the Department of Jus- tice of district attorneys as now allowed by law for the perform- ance of services not covered by their salaries or fees. Act June 20, 1874, c. 328, § 3, 18 Stat. 109. This section is a part of the legislative, executive, and judicial appro- priation act for the fiscal year ending June 30, 1875, cited above. Salaries, fees, etc., and compensation for extra services of district attor- neys, are provided for by Rev. St. $ 824, and subsequent provisions col- lected or referred to under that section, ACT MARCH 3, 1875, c. 133, § 1. Actual traveling expenses only to be allowed. * * That hereafter only actual travelling expenses shall be al- lowed to any person holding employment or appointment under the United States, except marshals, district attorneys, and clerks of the courts of the United States and their deputies; and all allowances for mileages and transportation in excess of the amount actually paid, except as above excepted, are hereby declared illegal; and no credit shall be allowed to any of the disbursing-officers of the United States for payment or allowances in violation of this pro- vision. * Act March 3, 1875, c. 133, 81, 18 Stat. 452. This is a proviso annexed to the appropriation for pay of the Army in the Army appropriation act for the fiscal year ending June 30, 1876, cited above. It supersedes a like provision, without the word "here- after” and the exception, contained in Act June 16, 1874, c. 285, § 1, 18 Stat. 72. A subsequent provision of Act Feb. 22, 1875, c. 95, $ 7, 18 Stat. 333, that this proviso shall not be construed to apply or to have applied to attorneys, marshals, or clerks of courts of the United States, their assistants or deputies, is set forth ante, under Rev. St. 8 846. Officers of the Navy were excepted from the provisions of this para- graph by a provision of Act June 30, 1876, c. 159, § 1, 19 Stat. 65; but by provisions of Act Aug. 5, 1882, c. 391, § 1, and Act June 7, 1900, c. 1208 (Secs. 1765-1766 Tit. 19— SEVERAL CLASSES OF OFFICERS. 859, ante, under Rev. St. § 1566, officers of the Navy traveling abroad are to receive only their actual and reasonable expenses. Provisions relating to allowance of mileage, etc., to officers of the Army, are contained in Act July 24, 1876, c. 226, § 2, Act March 3, 1883, c. 93, § 1, and Act Sept. 19, 1890, c. 907, § 15, set forth ante, un- der Rev. St. § 1273. Provisions relating to allowance of mileage, etc., to the Board of Visit- ors to the Military and Naval Academies, are contained in Act June 11, 1878, c. 181, § 1, ante, under Rev. St. § 1329, and Act Feb. 14, 1879, c. 68, § 1, ante, under Rev. St. § 1528. Sec. 1766. Officers in arrears. No money shall be paid to any person for his compensation who is in arrears to the United States, until he has accounted for and paid into the Treasury all sums for which he may be liable. In all cases where the pay or salary of any person is withheld in pursuance of this section, the accounting officers of the Treasury, if required to do so by the party, his agent or attorney, shall report forthwith to the Solicitor of the Treasury the balance due; and the Solicitor shall, within sixty days thereafter, order suit to be commenced against such delinquent and his sureties. Act Jan. 25, 1828, c. 2, 4 Stat. 246. Act May 20, 1836, c. 77, 5 Stat. 31. The pay of officers of the Army may be withheld under this section on account of an indebtedness admitted or shown by the judgment of a court, but not otherwise, unless upon a special order of the Secretary of War, by a provision of Act July 16, 1892, c. 195, set forth below. Suits against officers are not abated by death, expiration of term, etc., by Act Feb. 8, 1899, c. 14, ante, following Rev. St. $ 956. Judgments against delinquents for public money may be taken at the return term, by Rev. St. $ 957. ACT AUG. 8, 1888, c. 787. An Act Requiring Notice of Deficiency in Accounts of Principals to be Given to Sureties upon Bonds of United States Officials, and Fixing a Limitation of Time Within Which Suits Shall be Brought against said Sureties upon said Bonds. (25 Stat. 387.) Notice to sureties on official bonds of delinquency of principal. Be it enacted, &c., That hereafter, whenever any deficiency shall be discovered in the accounts of any official of the United States, or of any officer disbursing or chargeable with public money, it shall be the duty of the accounting officers making such discovery to at once notify the head of the Department having control over the affairs of said officer of the nature and amount of said deficiency, and it shall be the immediate duty of said head of Department to at once notify all obligors upon the bond or bonds of such official of the nature of such deficiency and the amount thereof. Said notifi- cation shall be deemed sufficient if mailed at the post-office in the city of Washington, District of Columbia, addressed to said sureties respectively, and directed to the respective post-offices where said Secs. 1766-1773) Tit. 19—SEVERAL CLASSES OF OFFICERS. 1209 obligors may reside, if known; but a failure to give or mail such notice shall not discharge the surety or sureties upon such bond. Act Aug. 8, 1888, c. 787, § 1, 25 Stat. 387. Surety companies are authorized to guaranty performance of conditions of bonds by Act Aug. 13, 1894, c. 282, post, following Rev. St. $ 3168. Sureties on bonds of insolvents given to the United States, who pay the moneys due on such bonds, are entitled to the like priority as is secured to the United States, by Rev. St. $ 3468. Limitation of actions on official bonds. Sec. 2. That if, upon the statement of the account of any official of the United States, or of any officer disbursing or chargeable with public money, by the accounting officers of the Treasury, it shall thereby appear that he is indebted to the United States, and suit therefor shall not be instituted within five years after such state- ment of said account, the sureties on his bond shall not be liable for such indebtedness. Act Aug. 8, 1888, c. 787, 82, 25 Stat. 387. ACT JULY 16, 1892, c. 195, $ 1. Withholding pay of officers of Army. The pay of officers of the Army may be withheld under sec- tion seventeen hundred and sixty-six of the Revised Statutes on ac- count of an indebtedness to the United States admitted or shown by the judgment of a court, but not otherwise unless upon a special order issued according to the discretion of the Secretary of War. * * Act July 16, 1892, c. 195, 27 Stat. 177. This is a provision of the Army appropriation act for the fiscal year ending June 30, 1893, cited above. Secs. 1767-1772. [Repealed. Act March 3, 1887, c. 353, § 1.] These sections related to the tenure of office under appointments by and with the advice and consent of the Senate, the authority of the President to suspend officers so appointed and to fill vacancies, and the performance of the duties of officers in abeyance for lack of any appoint- ment thereto, and made punishable accepting, holding, or exercising any office, etc., and removing, appointing, or commissioning any officer, con- trary to these provisions; incorporating provisions of Act March 2, 1867, c. 154, SS 1-6, 14 Stat. 430, and Act April 5, 1869, c. 10, SS 1-3, 16 Stat. p. 6. They are expressly repealed by Act March 3, 1887, c. 353, § 1, 24 Stat. 500. Sec. 1773. Commissions. The President is authorized to make out and deliver, after the ad- journment of the Senate, commissions for all officers whose ap- pointments have been advised and consented to by the Senate. Act March 2, 1867, c. 154, $ 6, 14 Stat. 431. The affixing to commissions of officers of the seal of the United States or of the department under which the officer is to serve is provided for by Rev. St. 1794, and subsequent statutes referred to under that sec. tion. 1210 Tit. 19— SEVERAL CLASSES OF OFFICERS. (Secs. 1774–1777 Sec. 1774. Notification of appointments to Secretary of Treasury. Whenever the President, without the advice and consent of the Senate, designates, authorizes, or employs any person to perform the duties of any office, he shall forthwith notify the Secretary of the Treasury thereof, and the Secretary of the Treasury shall thereupon communicate such notice to all the proper accounting and disbursing officers of his Department. Act March 2, 1867, c. 154, § 8, 14 Stat. 431, Sec. 1775. Notification of nominations, rejections, etc., to Secretary of Treasury. The Secretary of the Senate shall, at the close of each session thereof, deliver to the Secretary of the Treasury, and to each of the Assistant Secretaries of the Treasury, and to each of the Auditors, and to each of the Comptrollers in the Treasury, and to the Treas- urer, and to the Register of the Treasury, a full and complete list, duly certified, of all the persons who have been nominated to and rejected by the Senate during such session, and a like list of all the offices to which nominations have been made and not confirmed and filled at such session. Act March 2, 1867, c. 154, 87, 14 Stat431. Sec. 1776. Removal of office. Whenever any public office is removed by reason of sickness which may prevail in the town or city where it is located, a partic- ular account of the cost of such removal shall be laid before Con- gress. Act April 21, 1806, C. 41, § 6, 2 Stat. 397. The removal of public offices to other places in case of the prevalence of contagious or epidemic disease is provided for by Rev. St. 88 4797– 4799. Sec. 1777. Preservation of copies of Statutes at Large. The various officers of the United States, to whom, in virtue of their offices and for the uses thereof, copies of the United States Statutes at Large, published by Little, Brown and Company, have been or may be distributed at the public expense, by authority of law, shall preserve such copies, and deliver them to their successors respectively as a part of the property appertaining to the office. A printed copy of this section shall be inserted in each volume of the Statutes distributed to any such officers. Act Aug. 8, 1846, c. 100, 81, 9 Stat. 75. ACT AUG. 7, 1882, c. 433, $ 1. Statutes furnished certain officers to remain public property. That all statutes heretofore or hereafter furnished by the United States to district judges, district attorneys, and clerks of the Secs. 1777–1780) Tit. 19—SEVERAL CLASSES OF OFFICERS. 1211 United States courts under this or any other law, shall not become the property of these officers, but on the expiration of their official term shall be by them turned over and delivired to their respective successors in office. Act Aug. 7, 1882, c. 433, § 1, 22 Stat. 336. This is a proviso annexed to an appropriation to supply the Revised Statutes and annual statutes to district judges, district attorneys, and clerks of United States courts, in the sundry civil appropriation act for the fiscal year ending June 30, 1883, cited above. Sec. 1778. Taking oaths, acknowledgments, etc. In all cases in which, under the laws of the United States, oaths or acknowledgments may now be taken or made before any justice of the peace of any State or Territory, or in the District of Columbia, they may hereafter be also taken or made by or before any notary public duly appointed in any State, district, or Territory, or any of the commissioners of the circuit courts, and, when certified under the hand and official seal of such notary or commissioner, shall have the same force and effect as if taken or made by or before such jus- tice of the peace. Act Sept. 16, 1850, c. 52, 9 Stat. 458. Act July 29, 1854, c. 159, $ 1, 10 Stat. 315. Notaries public of the several States, Territories, and the District of Columbia are authorized to take depositions, and do all other acts in relation to taking testimony to be used in the United States courts, and take acknowledgments and affidavits, in the same manner and with the same effect as commissioners of the circuit courts may lawfully take or do by Act Aug. 15, 1876, c. 304, ante, under Rev. St. $ 863, which also authorizes notaries public to take depositions. Fourth-class postmasters are authorized to administer oaths required to be made by pensioners and their witnesses in the execution of their vouchers, by Act Aug. 23, 1894, c. 319, post, under Rev. St. 8 4765. Sec. 1779. Restriction upon payments for newspapers, etc. No executive officer, other than the heads of Departments, shall apply more than thirty dollars, annually, out of the contingent fund under his control, to pay for newspapers, pamphlets, periodicals, or other books or prints not necessary for the business of his office. Act March 3, 1839, c. 82, 83, 5 Stat. 349. Expenditures for newspapers by the executive departments are restrict- ed by Rev. St. & 192. Sec. 1780. Failure to make returns or reports. Every officer who neglects or refuses to make any return or report which he is required to make at stated times by any act of Congress or regulation of the Department of the Treasury, other than his ac- counts, within the time prescribed by such act or regulation, shall be fined not more than one thousand dollars and not less than one hundred. Act July 18, 1866, c. 201, 8 42, 14 Stat. 188. 1212 . Tit. 19— SEVERAL CLASSES OF OFFICERS. (Secs. 1781-1782 Sec. 1781. Prohibition upon taking consideration for procuring contracts, offices, etc. Every member of Congress or any officer or agent of the Govern- ment who, directly or indirectly, takes, receives, or agrees to re- ceive, any money, property, or other valuable consideration what- ever, from any person for procuring, or aiding to procure, any con- tract, office, or place, from the Government or any Department thereof, or from any officer of the United States, for any person whatever, or for giving any such contract, office, or place to any person whomsoever, and every person who, directly or indirectly, offers or agrees to give, or gives, or bestows any money, property, or other valuable consideration whatever, for the procuring or aiding to procure any such contract, office, or place, and every member of Congress who, directly or indirectly, takes, receives, or agrees to receive any money, property, or other valuable consideration what- ever after his election as such member, for his attention to, services, action, vote, or decision on any question, matter, cause, or proceed- ing which may then be pending, or may by law or under the Consti- tution be brought before him in his official capacity, or in his place as such member of Congress, shall be deemed guilty of a misde- meanor, and shall be imprisoned not more than two years and fined not more than ten thousand dollars. And any such contract or agreement may, at the option of the President, be declared abso- lutely null and void; and any member of Congress or officer convict- ed of a violation of this section, shall, moreover, be disqualified from holding any office of honor, profit, or trust under the Government of the United States. Act July 16, 1862, c. 180, 12 Stat. 577. Act Feb. 25, 1863, c. 61, 12 Stat. 696. Members of Congress are forbidden to have any interest in contracts with the United States, and are punishable for violation of the prohibi- tion, by Rev. St. $$ 3739-3741; and any officer who makes a contract on behalf of the United States with any member of Congress is punish- able, by Rev. St. § 3742. Sec. 1782. Upon taking compensation in matters to which United States is a party. No Senator, Representative, or Delegate, after his election and during his continuance in office, and no head of a Department, or other officer or clerk in the employ of the Government, shall receive or agree to receive any compensation whatever, directly or indi- rectly, for any services rendered, or to be rendered, to any person, either by himself or another, in relation to any proceeding, contract, claim, controversy, charge, accusation, arrest, or other matter or thing in which the United States is a party, or directly or indirectly interested, before any Department, court-martial, Bureau, officer, or any civil, military, or naval commission whatever. Every person , offending against this section shall be deemed guilty of a misde- meanor, and shall be imprisoned not more than two years, and fined Secs. 1782–1783) Tit. 19— SEVERAL CLASSES OF OFFICERS. 1213 not more than ten thousand dollars, and shall, moreover, by convic- tion therefor, be rendered forever thereafter incapable of holding any office of honor, trust, or profit under the Government of the United States. Act June 11, 1864, c. 119, 13 Stat. 123. See note under preceding section. Sec. 1783. Persons interested not to act as agents of the Government. No officer or agent of any banking or other commercial corpora- tion, and no member of any mercantile or trading firm, or person directly or indirectly interested in the pecuniary profits or contracts of such corporation or firm, shall be employed or shall act as an officer or agent of the United States for the transaction of business with such corporation or firm; and every such officer, agent, or member, or person, so interested, who so acts, shall be imprisoned not more than two years, and fined not more than two thousand dol- lars nor less than five hundred dollars. Act March 2, 1863, c. 67, § 8, 12 Stat. 698. ACT FEB. 25, 1897, c. 316. An Act to Prevent the Purchasing of or Speculating in Claims against the Federal Government by United States Officers. (29 Stat. 595.) Prohibition of purchase of claims against United States for less than face value. Be it enacted, &c., That it shall hereafter be unlawful for any United States marshal or deputy marshal, or any clerk or deputy clerk of any court of the United States or of any Territory thereof, or any United States attorney or assistant attorney, or any United States judge, or United States commissioner, or other person hold- ing any office, employment, or position of trust or profit under the Government of the United States to purchase, at less than the full face value thereof, either directly or indirectly, any claim for fee, mileage, or expenses of any witness, juror, deputy marshal, or of any other officer of court whatsoever against the United States Govern- ment. Act Feb. 25, 1897, c. 316, § 1, 29 Stat. 595. Transfers and assignments of claims against the United States are void, by Rev. St. $ 3477, unless made after allowance of the claim and the issuing of a warrant for payment thereof. Punishment of violation of act. Sec. 2. That any person who shall violate this Act shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not exceeding one thousand dollars. Act Feb. 25, 1897, c. 316, $ 2, 29 Stat. 595. Officers who act as agent or attorney for prosecuting any claim against the United States, or aid in such prosecution, or receive therefor any gratuity or share of or interest in such claim, are punishable by Rev. St. § 5-198. 1214 Tit. 19— SEVERAL CLASSES OF OFFICERS. (Secs. 1784-1788 Sec. 1784. Prohibition of contributions, presents, etc., to superiors. No officer, clerk, or employé in the United States Government employ shall at any time solicit contributions from other officers, clerks, or employés in the Government service for a gift or present to those in a superior official position; nor shall any such Officials or clerical superiors receive any gift or present offered or presented to them as a contribution from persons in Government employ re- ceiving a less salary than themselves; nor shall any officer or clerk make any donation as a gift or present to any official superior. Ev- ery person who violates this section shall be summarily discharged from the Government employ. Act Feb. 1, 1870, c. 11, 16 Stat. 63. Sec. 1785. Punishment for aiding, etc., in importing or trading in obscene litera- ture. Whoever, being an officer, agent, or employé of the Government of the United States, shall knowingly aid or abet any person en- gaged in any violation of any of the provisions of law prohibiting importing, advertising, dealing in, exhibiting, or sending or receiving by mail, obscene or indecent publications, or representations, or means for preventing conception or procuring abortion, or other ar- ticles of indecent or immoral use or tendency, shall be deemed guilty of a misdemeanor, and shall for every offense be punishable by a fine of not less than one hundred dollars and not more than five thousand, or by imprisonment at hard labor for not less than one year nor more than ten, or both. Act March 3, 1873, c. 258, § 4, 17 Stat. 559. Provisions, referred to in this section, prohibiting importing, etc., ob- scene or indecent publications or articles, are contained in Rev. St. $ 2491; and provisions prohibiting sending or receiving such publications or articles by mail, are contained in Rev. St. $ 3893. Secs. 1786, 1787. [Superseded. Act June 6, 1898, c. 389.] Rev. St. § 1786, provided for proceedings by quo warranto for removal from office of any person holding office contrary to the provisions of sec- tion 3 of the fourteenth amendment to the Constitution; and Rev. St. S 1787, made punishable every person knowingly accepting or holding any office under the United States or any State to which he was ineligible under section 3 of said amendment. These sections are superseded by the removal of the disability imposed by section 3 of the fourteenth amendment to the Constitution by Act June 6, 1898, c. 389, ante, follow- ing Rev. St. 8 1757. Sec. 1788. Disbursing officers forbidden to trade in public funds or property. Every officer of the United States concerned in the disbursement of the revenues thereof who carries on any trade or business in the Secs. 1789-1790) Tit. 19-SEVERAL CLASSES OF OFFICERS. 1215 funds or debts of the United States, or of any State, or in any public property of either, shall be deemed guilty of a misdemeanor, and punished by a fine of three thousand dollars, and shall, upon con- viction, be removed from office, and forever thereafter be incapable of holding any office under the United States. Act Sept. 2, 1789, c. 12, § 8, 1 Stat. 67. Act May 8, 1792, c. 37, 8 12, 1 Stat. 281. Act March 2, 1799, c. 22, $ 87, 1 Stat. 695. Sec. 1789. Collecting officers forbidden to trade in public property. Every officer concerned in the collection of the revenues of the United States who carries on any trade or business in any public property of the United States, or of any State, shall be deemed guilty of a misdemeanor, and punished by a fine of three thousand dollars, and shall, upon conviction, be removed from office, and forever thereafter be incapable of holding any office under the United States. Act Sept. 2, 1789, c. 12, § 8, 1 Stat. 67. Act May 8, 1792, c. 37, § 12, 1 Stat. 281. Act March 2, 1799, c. 22, 8 87, 1 Stat. 695. Sec. 1790. Restriction on payment for services. No officer or clerk whose duty it is to make payments on account of the salary or wages of any officer or person employed in connec- tion with the customs or the internal-revenue service, shall make any payment to any officer or person so employed on account of services rendered, or of salary, unless such officer or person so to be paid has made and subscribed an oath that, during the period for which he is to receive pay, neither he, nor any member of his family, has re- ceived, either personally or by the intervention of another party, any money or compensation of any description whatever, nor any promises for the same, either directly or indirectly, for services ren- dered or to be rendered, or acts performed or to be performed, in connection with the customs or internal revenue; or has purchased, for like services or acts, from any importer, if affiant is connected with the customs, or manufacturer, if affiant is connected with the internal-revenue service, consignee, agent, or custom-house broker, or other person whomsoever, any merchandise, at less than regular retail market prices therefor. Act July 18, 1866, c. 201, § 30, 14 Stat. 185. Collectors of customs and their special deputies are authorized to ad- minister oaths to officers of the revenue marine service and employés in the customs service required by this section and Rev. St. 8 2693, by Act March 15, 1898, c. 68, § 1, post, under Rev. St. $ 2693. ACT AUG. 15, 1876, c. 287, § 6. Contributions for political purposes. That all executive officers or employees of the United States not appointed by the President, with the advice and consent of the Sen- ate, are prohibited from requesting, giving to, or receiving from, any other officer or employee of the Government, any money or property 1216 (Sec. 1790 Tit. 19— SEVERAL CLASSES OF OFFICERS. or other thing of value for political purposes; and any such officer or employee, who shall offend against the provisions of this section shall be at once discharged from the service of the United States; and he shall also be deemed guilty of a misdemeanor, and on con- viction thereof shall be fined in a sum not exceeding five hundred dollars. Act Aug. 15, 1876, c. 287, § 6, 19 Stat. 169. Similar and more comprehensive provisions are contained in Act Jan. 16, 1883, c. 27, $8 11-15, set forth at the end of this chapter. ACT JAN. 31, 1881, c. 32. An Act authorizing the Persons therein Named to Accept of Cer- tain Decorations and Presents Therein, from Foreign Govern- ments, and for Other Purposes. (21 Stat. 603.) Be it enacted, etc. [Sec. I is temporary.] Officers of the United States are prohibited from accepting, without the consent of Congress, any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state, by Const. art. 1, § 10. This section authorizes certain officers named to accept certain decora- tions, medals, and presents, specified therein, from foreign governments. It is omitted, as private and temporary merely. Foreign decorations to officers of United States not to be publicly shown or exposed on person. Sec. 2. That no decoration, or other thing, the acceptance of which is authorized by this act; and no decoration heretofore accepted, or which may hereafter be accepted, by consent of Congress, by any officer of the United States, from any foreign government, shall be publicly shown or exposed upon the person of the officer so receiv- ing the same. Act Jan. 31, 1881, c. 32, § 2, 21 Stat. 604. Foreign decorations, etc., to officers of United States; delivery through State Department. Sec. 3. That hereafter any present, decoration, or other thing, which shall be conferred or presented by any foreign government to any officer of the United States, civil, naval, or military, shall be tendered through the Department of State, and not to the individ- ual in person, but such present, decoration, or other thing shall not be delivered by the Department of State unless so authorized by act of Congress. Act Jan. 31, 1881, c. 32, § 3, 21 Stat. 604, RES. JAN. 6, 1885, No. 5. Joint Resolution Providing for the Payment of Laborers in Gov- ernment Employ for Certain Holidays. (23 Stat. 516.) Holidays allowed to per diem employés. Resolved, &c., That the employees of the Navy Yard, Government Printing Office, Bureau of Printing and Engraving, and all other per diem employees of the Government on duty at Washington, or else- where in the United States, shall be allowed the following holidays, to wit: The first day of January, the twenty-second day of Febru- ary, the fourth day of July, the twenty-fifth day of December, and Sec. 1790) 1217 Tit. 19— SEVERAL CLASSES OF OFFICERS. such days as may be designated by the President as days for national thanksgiving, and shall receive the same pay as on other days. Res. Jan. 6, 1885, No. 5, 23 Stat. 516. RES. FEB. 23, 1887, No. 6. Joint Resolution Providing for the Payment of Per Diem Laborers in Government Employ on “Memorial” or “Decoration Day," and the fourth day of July of each year, as on other Days. (24 Stat. 644.) Holidays allowed to per diem employés. Resolved, &c., That all per diem employees of the Government, on duty at Washington or elsewhere in the United States, shall be allowed the day of each year, which is celebrated as “Memorial" or “Decoration Day” and the fourth of July of each year, as holiday, and shall receive the same pay as on other days. Res. Feb. 23, 1887, No. 6, 24 Stat. 644. ACT FEB. 24, 1899, c. 187, $ 4. Officers, clerks, etc., permanently incapacitated; prohibition of civil pension roll, etc. That the appropriations herein made for the officers, clerks, and persons employed in the public service shall not be available for the compensation of any persons permanently incapacitated for per- forming such service. The establishment of a civil pension roll or an honorable service roll, or the exemption of any of the officers, clerks, and persons in the public service from the existing laws re- specting employment in such service, is hereby prohibited: * * * Act Feb. 24, 1899, c. 187, § 4, 30 Stat. 890. This section is part of the legislative, executive, and judicial appro- priation act for the fiscal year ending June 30, 1900, cited above. The appropriations mentioned are those made for the compensation of the various officers, clerks, etc. The first sentence of this section is repeated in Act April 17, 1900, c. 192, § 4, 31 Stat. 134, and Act March 3, 1901, c. 830, $ 4, 31 Stat. 1009. A similar provision, limited, however, to the postal service is contained in Act March 1, 1899, c. 327, § 2, post, under Rev. St. $ 3860. A proviso annexed to this section, relating to the annual leare of ab- sence to clerks and employés in the executive departments, is set forth ante, under Rev. St. $ 162. [CIVIL SERVICE.] ACT JAN. 16, 1883, c. 27. An Act to Regulate and Improve the Civil Service of the United States. (22 Stat. 403.) Civil Service Commission; appointment; removal; vacancies; 'sala- ries and expenses. Be it enacted, &c., That the President is authorized to appoint, by and with the advice and consent of the Senate, three persons, not more than two of whom shall be adherents of the same party, as Civil Service Commissioners, and said three commissioners shall constitute the United States Civil Service Commission. Said com- LAWS '01-77 1218 (Sec. 1790 Tit. 19— SEVERAL CLASSES OF OFFICERS. missioners shall hold no other official place under the United States. The President may remove any commissioner; and any vacancy in the position of commissioner shall be so filled by the President, by and with the advice and consent of the Senate, as to conform to said conditions for the first selection of commissioners. The commissioners shall each receive a salary of three thousand five hundred dollars a year. And each of said commissioners shall be paid his necessary traveling expenses incurred in the discharge of his duty as a commissioner. Act Jan. 16, 1883, c. 27, 8 1, 22 Stat. 403. Duties of commissioners. Sec. 2. That it shall be the duty of said commissioners: Preparation of rules. First. To aid the President, as he may request, in preparing suit- able rules for carrying this act into effect, and when said rules shall have been promulgated it shall be the duty of all officers of the United States in the departments and offices to which any such rules may relate to aid, in all proper ways, in carrying said rules, and any modification thereof, into effect. Provisions of rules. Second. And, among other things, said rules shall provide and de- clare, as nearly as the conditions of good administration will warrant, as follows: For competitive examinations. First, for open, competitive examinations for testing the fitness of applicants for the public service now classified or to be classified hereunder. Such examinations shall be practical in their character, and so far as may be shall relate to those matters which will fairly test the relative capacity and fitness of the persons examined to dis- charge the duties of the service into which they seek to be appointed. For selection of officers, etc., according to results of examinations. Second, that all the offices, places, and employments so arranged or to be arranged in classes shall be filled by selections according to grade from among those graded highest as the results of such com- petitive examinations. Apportionment of appointments; applications for examinations. Third, appointments to the public service aforesaid in the depart- ments at Washington shall be apportioned among the several States and Territories and the District of Columbia upon the basis of pop- ulation as ascertained at the last preceding census. Every applica- tion for an examination shall contain, among other things, a state- ment, under oath, setting forth his or her actual bona fide residence at the time of making the application, as well as how long he or she has been a resident of such place. A similar apportionment of the appointments of the Treasury Depart- ment is provided for by Act March 3, 1875, c. 130, $ 2, ante, following Rev. St. $ 235. Applications for examination must also be accompanied by a certificate Sec. 1790) 1219 Tit. 19%SEVERAL CLASSES OF OFFICERS. of an officer, of the residence of the applicant, by a provision of Act July 11, 1890, c. 667, § 1, set forth post, following this act. For probation before absolute appointment. Fourth, that there shall be a period of probation before any abso- lute appointment or employment aforesaid. Against contributions for political purposes. Fifth, that no person in the public service is for that reason under any obligations to contribute to any political fund, or to render any political service, and that he will not be removed or otherwise prej- udiced for refusing to do so. Assessments, subscriptions, and contributions for political purposes are prohibited by sections 11-15 of this act, set forth below. Against political coercion by officers. Sixth, that no person in said service has any right to use his official authority or influence to coerce the political action of any person or body. For non-competitive examinations in certain cases. Seventh, there shall be non-competitive examinations in all proper cases before the commission, when competent persons do not com- pete, after notice has been given of the existence of the vacancy, under such rules as may be prescribed by the commissioners as to the manner of giving notice. For notice of appointments, rejections, transfers, resignations, and removals; exceptions to be set forth with rules. Eighth, that notice shall be given in writing by the appointing power to said commission of the persons selected for appointment or employment from among those who have been examined, of the place of residence of such persons, of the rejection of any such per- sons after probation, of transfers, resignations, and removals, and of the date thereof, and a record of the same shall be kept by said commission. And any necessary exceptions from said eight funda- mental provisions of the rules shall be set forth in connection with such rules, and the reasons therefor shall be stated in the annual reports of the commission. Regulations for examinations, and records. Third. Said commission shall, subject to the rules that may be made by the President, make regulations for, and have control of, such examinations, and, through its members or the examiners, it shall supervise and preserve the records of the same; and said com- mission shall keep minutes of its own proceedings. Investigations and reports on execution of act. Fourth. Said commission may make investigations concerning the facts, and may report upon all matters touching the enforcement and effects of said rules and regulations, and concerning the action of any examiner or board of examiners hereinafter provided for, and its own subordinates, and those in the public service, in respect to the execution of this act. 1220 (Sec. 1790 Tit. 19-SEVERAL CLASSES OF OFFICERS. Annual report. Fifth. Said commission shall make an annual report to the Presi- dent for transmission to Congress, showing its own action, the rules and regulations and the exceptions thereto in force, the practical effects thereof, and any suggestions it may approve for the more effectual accomplishment of the purposes of this act. Act Jan. 16, 1883, c. 27, $ 2, 22 Stat. 403. The printing and distribution of the reports of the commission are provided for by Act Jan. 12, 1895, c. 23, $ 73, post, under Title XLV, "Public Printing, Advertisements, and Public Documents.” Chief examiner; secretary; stenographer; messenger; boards of exam- iners; examinations. Sec. 3. That said commission is authorized to employ a chief ex- aminer, a part of whose duty it shall be, under its direction, to act with the examining boards, so far as practicable, whether at Wash- ington or elsewhere, and to secure accuracy, uniformity, and justice in all their proceedings, which shall be at all times open to him. The chief examiner shall be entitled to receive a salary at the rate of three thousand dollars a year, and he shall be paid his necessary traveling expenses incurred in the discharge of his duty. The com- mission shall have a secretary, to be appointed by the President, who shall receive a salary of one thousand six hundred dollars per annum. It may, when necessary, employ a stenographer, and a messenger, who shall be paid, when employed, the former at the rate of one thousand six hundred dollars a year, and the latter at the rate of six hundred dollars a year. The commission shall, at Washington, and in one or more places in each State and Territory where examina- tions are to take place, designate and select a suitable number of persons, not less than three, in the official service of the United States, residing in said State or Territory, after consulting the head of the department or office in which such persons serve, to be mem- bers of boards of examiners, and may at any time substitute any other person in said service living in such State or Territory in the place of any one so selected. Such boards of examiners shall be so located as to make it reasonably convenient and inexpensive for ap- plicants to attend before them; and where there are persons to be examined in any State or Territory, examinations shall be held therein at least twice in each year. It shall be the duty of the col- lector, postmaster, and other officers of the United States, at any place outside of the District of Columbia where examinations are directed by the President or by said board to be held, to allow the reasonable use of the public buildings for holding such examinations, and in all proper ways to facilitate the same. Act Jan. 16, 1883, c. 27, § 3, 22 Stat. 404. Rooms and accommodations for commission. Sec. 4. That it shall be the duty of the Secretary of the Interior to cause suitable and convenient rooms and accommodations to be assigned or provided, and to be furnished, heated, and lighted, at the city of Washington, for carrying on the work of said commission and said examinations, and to cause the necessary stationery and other Sec. 1790) 1221 Tit. 19-SEVERAL CLASSES OF OFFICERS. articles to be supplied, and the necessary printing to be done for said commission. Act Jan. 16, 1883, c. 27, § 4, 22 Stat. 405. Violation of duties, etc., by commission, officers, etc. Sec. 5. That any said commissioner, examiner, copyist, or messen- 5 ger, or any person in the public service who shall willfully and cor- ruptly, by himself or in co-operation with one or more other per- sons, defeat, deceive, or obstruct any person in respect of his or her right of examination according to any such rules or regulations, or who shall willfully, corruptly, and falsely mark, grade, estimate, or report upon the examination or proper standing of any person ex- amined hereunder, or aid in so doing, or who shall willfully and cor- ruptly make any false representations concerning the same or con- cerning the person examined, or who shall willfully and corruptly furnish to any person any special or secret information for the pur- pose of either improving or injuring the prospects or chances of any person so examined, or to be examined, being appointed, employed, or promoted, shall for each such offense be deemed guilty of a mis- demeanor, and upon conviction thereof, shall be punished by a fine of not less than one hundred dollars, nor more than one thousand dollars, or by imprisonment not less than ten days, nor more than one year, or by both such fine and imprisonment. Act Jan. 16, 1883, c. 27, § 5, 22 Stat. 405. Classification of clerks, etc., in customs service, post-offices, and other departments and offices. Sec. 6. That within sixty days after the passage of this act it shall be the duty of the Secretary of the Treasury, in as near conformity as may be to the classification of certain clerks now existing under the one hundred and sixty-third section of the Revised Statutes, to arrange in classes the several clerks and persons employed by the collector, naval officer, surveyor, and appraisers, or either of them, or being in the public service, at their respective offices in each cus- toms district where the whole number of said clerks and persons shall be all together as many as fifty. And thereafter, from time to time, on the direction of the President, said Secretary shall make the like classification or arrangement of clerks and persons so employed, in connection with any said office or offices, in any other customs district. And, upon like request, and for the purposes of this act, . said Secretary shall arrange in one or more of said classes, or of ex- isting classes, any other clerks, agents, or persons employed under his department in any said district not now classified; and every such arrangement and classification upon being made shall be reported to the President. Second. Within said sixty days it shall be the duty of the Post- master-General, in general conformity to said one hundred and sixty- third section, to separately arrange in classes the several clerks and persons employed, or in the public service, at each post-office, or under any postmaster of the United States, where the whole number of said clerks and persons shall together amount to as many as fifty. And thereafter, from time to time, on the direction of the President, 1222 (Sec. 1790 Tit. 19— SEVERAL CLASSES OF OFFICERS. it shall be the duty of the Postmaster-General to arrange in like classes the clerks and persons so employed in the postal service in connection with any other post-office; and every such arrangement and classification upon being made shall be reported to the President. Third. That from time to time said Secretary, the Postmaster- General, and each of the heads of departments mentioned in the one hundred and fifty-eighth section of the Revised Statutes, and each head of an office, shall, on the direction of the President, and for facilitating the execution of this act, respectively revise any then ex- isting classification or arrangement of those in their respective de- partments and offices, and shall, for the purposes of the examination herein provided for, include in one or more of such classes, so far as practicable, subordinate places, clerks, and officers in the public service pertaining to their respective departments not before classi- fied for examination. Act Jan. 16, 1883, c. 27, § 6, 22 Stat. 405. Rev. St. $ 163, referred to in this section, provides that the clerks in the Departments shall be arranged in four classes, designated as the first, second, third, and fourth classes. Rev. St. $ 158, also referred to in this section, enumerates the executive departments, and includes the Departments of State, of War, of the Treasury, of Justice, the Post-Office Department, and the Departments of the Navy and of the Interior. The Department of Agriculture is in- cluded by amendment of the section by Act Feb. 9, 1889, c. 122, $ 1, ante, under Rev. St. $ 521. Appointments and promotions to be made upon examinations. Sec. 7. That after the expiration of six months from the passage of this act no officer or clerk shall be appointed, and no person shall be employed to enter or be promoted in either of the said classes now existing, or that may be arranged hereunder pursuant to said rules, until he has passed an examination, or is shown to be specially exempted from such examination in conformity herewith. But noth- ing herein contained shall be construed to take from those honor- ably discharged from the military.or naval service any preference conferred by the seventeen hundred and fifty-fourth section of the Revised Statutes, nor to take from the President any authority not inconsistent with this act conferred by the seventeen hundred and fifty-third section of said statutes; nor shall any officer not in the executive branch of the government, or any person merely employed as a laborer or workman, be required to be classified hereunder; nor, unless by direction of the Senate, shall any person who has been nominated for confirmation by the Senate be required to be classi- fied or to pass an examination. Act Jan. 16, 1883, c. 27, § 7, 22 Stat. 406. Provisions for examination for appointment of clerks in the executive departments are contained in Rev. St. & 164. The appointment of a temporary or additional force, rendered neces- sary because of increasing work incident to the war with Spain, pro- vided for in various appropriation acts, was authorized to be made with- out complying with the conditions prescribed by this act, by provisions of Act July 7, 1898, c. 571, 30 Stat. 696, Act Feb. 24, 1899, c. 187, § 3, 30 Stat. 889, Act March 3, 1899, c. 427, § 1, 30 Stat. 1215; and the term of service of said temporary or additional force was extended for one year from June 30, 1900, without compliance with the conditions of Sec. 1790) 1223 Tit. 19— SEVERAL CLASSES OF OFFICERS. this act, by Act April 17, 1900, c. 192, & 3, 31 Stat. 133, and again ex- tended for an additional term of one year from June 30, 1901, in like manner, by Act March 3, 1901, c. 830, $ 3, 31 Stat. 1009. Persons in the classified service of the Government were not eligible to appointment under the appropriations above mentioned, or to be transferred from any position in the classified service to any such positions, by provisions of Act April 17, 1900, c. 192, § 1, 31 Stat. 113, and Act March 3, 1901, c. 830, § 1, 31 Stat. 988. Excessive use of intoxicants a bar to official position. Sec. 8. That no person habitually using intoxicating beverages to excess shall be appointed to, or retained in, any office, appointment, or employment to which the provisions of this act are applicable. Act Jan. 16, 1883, c. 27, § 8, 22 Stat. 406. Restriction on appointments of members of one family. Sec. 9. That whenever there are already two or more members of a family in the public service in the grades covered by this act, no other member of such family shall be eligible to appointment to any of said grades. Act Jan. 16, 1883, c. 27, $ 9, 22 Stat. 406. Recommendations by members of Congress. Sec. 10. That no recommendation of any person who shall apply for office or place under the provisions of this act which may be given by any Senator or member of the House of Representatives, except as to the character or residence of the applicant, shall be re- ceived or considered by any person concerned in making any exam- ination or appointment under this act. Act Jan. 16, 1883, c. 27, § 10, 22 Stat. 406. Assessments, subscriptions, and contributions for political purposes. Sec. 11. That no Senator, or Representative, or Territorial Dele- gate of the Congress, or Senator, Representative, or Delegate elect, or any officer or employee of either of said houses, and no executive, judicial, military, or naval officer of the United States, and no clerk or employee of any department, branch or bureau of the executive, judicial, or military or naval service of the United States, shall, di- rectly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, or contribu- tion for any political purpose whatever, from any officer, clerk, or employee of the United States, or any department, branch, or bureau thereof, or from any person receiving any salary or compensation from moneys derived from the Treasury of the United States. Act Jan. 16, 1883, c. 27, $ 11, 22 Stat. 406. Executive officers or employés of the United States are prohibited from requesting, giving to, or receiving from any other officer or employé of the Government, contributions for political purposes, by Act Aug. 15, 1876, c. 287, $ 6, ante, following Rev. St. $ 1790. Soliciting or receiving contributions for political purposes in public offices. Sec. 12. That no person shall, in any room or building occupied in the discharge of official duties by any officer or employee of the United States mentioned in this act, or in any navy-yard, fort, or 1224 (Sec. 1790 Tit. 19— SEVERAL CLASSES OF OFFICERS. arsenal, solicit in any manner whatever, or receive any contribution of money or any other thing of value for any political purpose what- ever. Act Jan. 16, 1883, c. 27, $ 12, 22 Stat. 407. Immunity from official proscription for failure to make contribution for political purpose. Sec. 13. No officer or employee of the United States mentioned in this act shall discharge, or promote, or degrade, or in manner change the official rank or compensation of any other officer or em- ployee, or promise or threaten so to do, for giving or withholding or neglecting to make any contribution of money or other valuable thing for any political purpose. Act Jan. 16, 1883, c. 27, § 13, 22 Stat. 407. Giving money, etc., to officials for political purposes. Sec. 14. That no officer, clerk, or other person in the service of the United States shall, directly or indirectly, give or hand over to any other officer, clerk, or person in the service of the United States, or to any Senator or Member of the House of Representatives, or Territorial Delegate, any money or other valuable thing on account of or to be applied to the promotion of any political object what- ever. Act Jan. 16, 1883, c. 27, § 14, 22 Stat. 407. Punishment of violations of foregoing provisions. Sec. 15. That any person who shall be guilty of violating any pro- vision of the four foregoing sections shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine not exceeding five thousand dollars, or by imprisonment for a term not exceeding three years, or by such fine and imprisonment both, in the discretion of the court. Act Jan. 16, 1883, c. 27, § 15, 22 Stat. 407. ACT JULY 11, 1890, c. 667, § 1. Applications for examinations to be accompanied by a certificate of residence. * * That hereafter every application for examination before the Civil Service Commission for appointment in the Departmental serv- ice in the District of Columbia, shall be accompanied by a certificate of an officer, with his official seal attached, of the county and State of which the applicant claims to be a citizen, that such applicant was, at the time of making such application, an actual and bona-fide resi- dent of said county, and had been such resident for a period of not less than six months next preceding; but this provision shall not apply to persons who may be in the service and seek promotion or appointment in other branches of the Government. * Act July 11, 1890, c. 667, § 1, 26 Stat. 228. This is a provision of the legislative, executive, and judicial appropria- tion act for the fiscal year ending June 30, 1891, cited above. Applications for examination are provided for by Act Jan. 16. 1883, c. 27, $ 2, par. 2, subd. 3, set forth above. * TITLE XX. FLAG AND SEAL. Sec. 1791. The flag to be thirteen stripes and thirty-seven stars. 1792. A star to be added for every new State. Sec. 1793. Seal of the United States. 1794. Secretary of State to keep and use the seal. Sec. 1791. The flag to be thirteen stripes and thirty-seven stars. The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be thirty- seven stars, white in a blue field. Act Jan. 13, 1794, c. 1, 1 Stat. 341. Act April 4, 1818, c. 34, 8 1, 3 Stat. 415. Sec. 1792. A star to be added for every new State. On the admission of a new State into the Union one star shall be added to the union of the flag; and such addition shall take effect on the fourth day of July then next succeeding such admission. Act April 4, 1818, c. 34, $ 2, 3 Stat. 415. Sec. 1793. Seal of the United States. The seal heretofore used by the United States in Congress assem- bled is declared to be the seal of the United States. Act Sept. 15, 1789, c. 14, $ 3, 1 Stat. 68. Sec. 1794. Secretary of State to keep and use the seal. The Secretary of State shall keep such seal, and shall make out and record, and shall affix the same to, all civil commissions for offi- cers of the United States, to be appointed by the President, by and with the advice and consent of the Senate, or by the President alone. But the seal shall not be affixed to any commission before the same has been signed by the President of the United States, nor to any other instrument, without the special warrant of the President therefor. Act Sept. 15, 1789, c. 14, § 4, 1 Stat. 68. A provision that the Secretary of State shall have the custody and charge of the seal of the United States is contained in Rev. St. $ 203. Commissions of all officers employed in levying or collecting the pub- (1225) 1226 (Sec. 1794 Tit. 20—FLAG AND SEAL. lic revenue are to be made out and recorded in the Department of the Treasury, and the seal of the Department affixed thereto, by Rev. St. $ 238. Commissions of postmasters appointed by the President, by and with the advice and consent of the Senate, are to be made out and recorded in the Post Office Department, and to be under the seal of said department, and countersigned by the Postmaster-General, by Act March 18, 1874, c. 57, ante, under Rev. St. $ 395. Commissions of officers under direction and control of the Secretary of the Interior are to be made out and recorded in the Department of the Interior, and the seal of said department affixed thereto, by Act March 3, 1875, c. 131, $ 14, ante, following Rev. St. $ 440. Commissions of all judicial officers, including marshals and attorneys of the United States, appointed by the President, by and with the ad- vice and consent of the Senate, and all other commissions previously pre- pared at the Department of State upon the requisition of the Attorney- General, are to be made out and recorded in the Department of Justice, and to be under the seal of said department, and countersigned by the Attorney-General, by Act Aug. 8, 1888, c. 786, ante, following Rev. St. 353. And commissions of all officers under direction and control of the Sec- retary of the Treasury, the Secretary of War, the Secretary of the Navy, and the Secretary of Agriculture are to be made out and recorded in the respective departments under which they are to serve, and the de- partment seal affixed thereto, by Act March 28, 1896, c. 73, ante, under Rev. St. $ 182. TITLE XXI. SEAT OF GOVERNMENT, INCLUDING THE PUBLIC BUILDINGS CAND GROUNDS, PARKS, AND RESERVATIONS.] Sec. Sec. 1795. Permanent seat of Government. 1808. Apartments, stationery, etc. 1796. Public offices to be exercised at 1809. Record of property to be kept. seat of Government. 1810. Authority, etc. 1797. Chief of Engineers to have charge 1811. Right of appeal to Secretary of of public buildings and grounds. War. 1798. Estimates and appropriations. 1812. Reports. 1799. Employés in office of public build- 1813. Limitation on contracts of Board ings. of Public Works. Act Feb. 4, 1874, c. 22. 1814. Old hall of House of Representa- Telegraph connecting public build- tives. ings; supervision; operation. 1815. Paintings, etc., not to be exhib- Act March 7, 1874, c. 50. ited in Capitol. Telegraph connecting public build- Act March 3, 1875, c. 130, $ 1. ings; use of lines. Exhibition of private works of art Act July 31, 1876, c. 246. or use of rooms for private studios Report of consumption of gas in pub- in Capitol. lic buildings. Act March 3, 1879, c. 182, § 1. Act March 3, 1879, c. 182. Exhibition of private works of art Telegraph connecting public build- or manufacturers in Capitol. ings; sale of condemned material 1816. Repairs, etc., of Capitol. or lines not needed. Act Aug. 15, 1876, c. 287, § 1. 1800. Chief of Engineers to have charge Care and superintendence of Cap- of Washington aqueduct. itol. 1801. Chief of Engineers to obey the Act March 3, 1879, c. 182, § 1. President. Disbursements of appropriations for 1802. How moneys for aqueduct, etc., Capitol. to be expended. Act March 3, 1883, c. 143. 1803. Unauthorized opening of pipes Estimates for improvements in Cap- punishable. itol grounds. 1804. Willful, etc., breaking, etc., of Act July 7, 1898, c. 571. pipes punishable. Absence, disability, or vacancy in 1805. Laying of pipes for use of public office of Architect of Capitol. buildings. 1817. [Superseded.] Act March 3, 1883, c. 143. Act March 3, 1877, c. 105. Shutting off flow of water in public Ventilating and heating House of buildings. Representatives. 1806. Maliciously making water impure Act March 3, 1881, c. 130, $ 1. punishable. Lighting, heating, and ventilating 1807. Compensation of Chief of Engi- House of Representatives. neers. (1227) 1228 Tit. 21- SEAT OF GOVERNMENT. Sec. Act July 11, 1888, c. 615, $ 1. Heating and ventilating Senate wing of Capitol. Act June 6, 1900, c. 791, $ 1. Delivery of fuel to wings of Capitol. 1818. Improper appropriation of streets, etc. 1819. Laws of District of Columbia ex- tended to Capitol Square. 1820. Protection of public buildings; arrest of offenders. Act July 1, 1882, c. 258. Preamble. 1. Capitol Grounds; public use; travel, etc. 2. Obstruction of roads. 3. Offer of articles for sale; display of signs, etc.; solicitation of fares, alms, etc. 4. Injury to statue, seat, wall, etc., or to tree, shrub, etc. 5. Fire-arms, fire-works, etc.; ha- rangues or orations; loud, threatening, or abusive lan- guage. 6. Parades or assemblages; display of flags, etc. 7. Prosecution and punishment of offenses against act. 8. Policemen, etc., to make arrests for offenses against act. 9. Capitol employés to aid in en- forcement of act. 10. Authority to suspend regulations; President of Senate and Speak- er of House of Representatives. 11. Authority to suspend regulations; Capitol police commission. Act June 6, 1900, c. 791, $ 1. Concerts on Capitol grounds. 1821. Capitol police. 1822. Number and pay. 1823. Suspension of members of force. Act March 3, 1875, c. 129, $ 1. Pay of member of force under sus- pension. 1824. Uniform. 1825. At whose expense. Act April 29, 1876, c. 86. Capitol police to protect Capitol grounds. Act May 28, 1896, c. 252, § 1. Capitol police to police Capitol build- ing and grounds. Sec. Act March 3, 1901, c. 830, $ 1. Capitol police to wear uniform while on duty. 1826. Supervision extended over Bo- tanical Garden. Act Aug. 15, 1876, c. 287, 8 1. Repeal of provision for additional police force. Act Aug. 5, 1882, c. 389. Powers and duties of watchmen in public squares and reservations. 1827. Superintendent, etc., of Botanical Garden and green-houses. Act June 20, 1878, c. 359, $ 1. Trees, shrubs, etc., in green-houses and nursery 1828. Report of warden of penitentiary. 1829. Furniture for President's House. 1830. Ailantus trees prohibited. 1831. Works of fine arts. 1832. Annual statement of public prop- erty. 1833. Inventory of public property. 1834. Two last sections not to apply to Library of Congress, etc. 1835. Extra pay prohibited. Act May 23, 1876, c. 103. Congressional Cemetery; monuments to deceased Senators and Repre- sentatives interred therein. Act April 30, 1890, c. 173. 1. [Makes appropriations.] 2. National Zoological Park; admin- tration by regents of Smith- sonian Institution. 3. Heads of departments to aid in acquisition of collections. Act Aug. 30, 1890, c. 837, 8 1. Use of public grounds for children's playgrounds. Act Sept. 27, 1890, c. 1001. 1. Rock Creek Park; establishment. 2-6. [Temporary.] 7. Control and regulations. Res. April 12, 1892, No. 8. Preamble. Literary and scientific collections ac- cessible to investigators and stu- dents. Act Aug. 18, 1894, c. 301. Report of expenses of National Zoo- logical Park. Act March 3, 1897, c. 375. Potomac Park; establishment. Secs. 1795–1797) 1229 Tit. 21- SEAT OF GOVERNMENT. Sec. Act July 1, 1898, c. 543. 1. Street parking; control. 2. Park system; control; care and use of parking spaces. 3. Buildings projecting beyond build- ing line. 4. Use of spaces or reservations for widening roadways. 5. Transfers of jurtsdiction between Chief of Engineers and Com- missioners of District of Colum- bia. 6. Regulations for care of public grounds. Sec. 7. Repeal; effect of act on pending litigation. Act March 3, 1899, c. 458. 1. Wharf property, wharves, etc.; , control. 2. Regulations of wharf property, wharves, etc.; rent of wharves; use of Potomac Park by Depart- ment of Agriculture. 3. Determination of harbor lines. Act March 3, 1901, c. 831. Facilities for study and research to investigators, students, etc. [This Title of the "Revised Statutes of the United States' incorporated the pre- vious statutes, relating to the seat of Government. established in the District of Columbia, and the public buildings, grounds, etc., of the Government of the United States in the District. The then existing statutes for the government of the Dis- trict were incorporated in a separate revision, constituting the "Revised Statutes Relating to District of Columbia.” In accordance with this arrangement, all sub- sequent provisions of a nature similar or related to those originally contained in this Title are included under it in this compilation; but local provisions relating to the District of Columbia are excluded, as belonging more properly to a similar compilation which shall incorporate them with the separate revision of the former statutes relating to the District.] Sec. 1795. Permanent seat of Government. All that part of the territory of the United States included within the present limits of the District of Columbia shall be the perma- nent seat of Government of the United States. Act July 16, 1790, c. 28, § 1. 1 Stat. 130. Sec. 1796. Public offices to be exercised at seat of Government. All offices attached to the seat of Government shall be exercised in the District of Columbia, and not elsewhere, except as otherwise expressly provided by law. Act July 16, 1790, c. 28, $ 6,1 Stat. 130. When Congress is about to convene, and from the prevalence of con- tagious sickness, or the existence of other circumstances, it would be hazardous to the lives or health of members to meet at the seat of Gor- ernment, the President may convene Congress at another place, by Rev. St. $ 34. In case of the prevalence of a contagious or epidemic disease at the seat of Government, the President may direct the removal of any or all the public offices to another place, by Rev. St. & 4798. Whenever a contagious or epidemic sickness renders it hazardous to hold a session of the Supreme Court at the seat of Government, the ses- sion may be adjourned to another place, by Rev. St. $ 4799. Sec. 1797. Chief of Engineers to have charge of public buildings and grounds The Chief of Engineers shall have charge of the public buildings 1230 Tit. 21— SEAT OF GOVERNMENT. (Secs. 1797–1799 and grounds in the District of Columbia, under such regulations as may be prescribed by the President through the War Department, except those buildings and grounds which are otherwise provided for by law. Act Aug. 4, 1854, c. 242, § 15, 10 Stat. 573. Act March 2, 1867, c. 107, § 2, 14 Stat. 466. Draping public buildings in mourning is forbidden by Act March 3, 1893, c. 211, § 3, post, under Title XLIII A, “Public Buildings and Works." Sec. 1798. Estimates and appropriations. All estimates for public buildings and grounds in charge of the Chief of Engineers shall be approved and submitted by the Secre- tary of War, through the Treasury Department, as other estimates, to the two Houses of Congress; and all appropriations which have been or may be hereafter made for repairs or improvements of the public buildings and grounds in the District of Columbia, and now in charge of the Chief of Engineers, shall be expended under the direction of the Secretary of War. Act Aug. 4, 1854, c. 242, § 15, 10 Stat. 573. Special provisions relating to the disbursement of moneys appropriated for the Capitol extension, and to estimates for changes and improvements in the Capitol grounds, contained in Act March 3, 1879, c. 182, § 1, and Act March 3, 1883, c. 143, are set forth post, under Rev. St. § 1816. Sec. 1799. Employés in office of public buildings. The Chief of Engineers in charge of public buildings and grounds is authorized to employ in his office and about the public buildings and grounds under his control such number of persons for such em- ployments, and at such rates of compensation, as may be appropri- ated for by Congress from year to year. Act March 3, 1871, c. 113, § 1, 16 Stat. 479. Act May 8, 1872, c. 140, § 1, 17 Stat. 65. ACT FEB. 4, 1874, c. 22. An Act in Relation to the Lines of Telegraph Connecting the Cap- itol with the Various Departments of the Government. (18 Stat. 14.) Telegraph connecting public buildings; supervision; operation. Be it enacted, &c., That the lines of telegraph, connecting the Capitol with the various Departments in Washington, constructed under and by virtue of the act of Congress approved March third, eighteen hundred and seventy-three, entitled “An act making appro- priations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and seventy-four, and for other purposes,” be, and the same are hereby, placed under the supervision of the officer in charge of the public buildings and grounds; and that the said officer be authorized and empowered to Sec. 1799) 1231 Tit. 21— SEAT OF GOVERNMENT. make rules and regulations for the working of said lines. And the Secretary or Head of each Executive Department, and the Congres- sional Printer, are hereby authorized to detail one person from their present force of employees to operate the instruments in said De- partments and printing office, and each House of Congress may pro- vide for the employment of an operator in their respective wings of the Capitol, at a compensation not exceeding one hundred dollars per month, during the sessions of Congress. Act Feb. 4, 1874, c. 22, 18 Stat. 14. Act March 3, 1873, c. 227, 17 Stat. 519, referred to in this act, made an appropriation "for connecting the Capitol by telegraph, to be solely for public business, with all the departments of Government and the Gov- ernment Printing Office in the City of Washington.” The use of the lines of telegraph mentioned in this act is regulated by Act March 7, 1874, c. 50, set forth below. The sale of condemned material and lines not needed is authorized by a provision of Act March 3, 1879, c. 182, set forth below. Willful injury to or interference with the working or use of any tele- graph line constructed or owned or controlled by the United States is pun- ishable by Act June 23, 1874, c. 461, post, following Rev. St. $ 5269. ACT MARCH 7, 1874, c. 50. An Act Making an Appropriation to Pay the Operators of the Government Telegraph Connecting the Departments with the Two Houses of Congress. (18 Stat. 20.) Telegraph connecting public buildings; use of lines. Be it enacted, &c., * [Part of section omitted makes appro- priation.] That said lines of telegraph shall be for the use only of Senators, Members of Congress, Judges of the United States courts, and officers of Congress and of the Executive Departments, and solely on public business. Act March 7, 1874, c. 50, 18 Stat. 20. This act made an appropriation to pay the telegraph operators em- ployed under Act Feb. 4, 1874, c. 22, set forth above, with the proviso thereto annexed which is set forth here. ACT JULY 31, 1876, c. 246. Report of consumption of gas in public buildings. * * That the Superintendent of meters at the Capitol shall here- after take the statement of the meters of the several Department build- ings in the city of Washington, and render to the proper accounting officers of the Treasury Department the consumption of gas each month in said buildings respectively. Act July 31, 1876, c. 246, 19 Stat. 115. Act March 3, 1877, c. 105, 19 Stat. 359. This is a proviso annexed to the appropriation for lighting the Execu- tive Mansion, etc., in the sundry civil appropriation act for the fiscal year ending June 30, 1877, cited above. It is repeated in the similar ap- propriation act for the year next following, also cited above. ACT MARCH 3, 1879, c. 182. Telegraph connecting public buildings; sale of condemned material or lines not needed. Telegraph to connect the Capitol with the departments and the 1232 Tit. 21— SEAT OF GOVERNMENT. (Secs. 1799–1803 Government Printing Office: [Part of section omitted makes appropriation) and the engineer in charge of public buildings and grounds is hereby authorized to sell any condemned material or lines not needed by the departments, and cover the proceeds in the Treas- ury. Act March 3, 1879, c. 182, 20 Stat. 388. This is a provision of the sundry civil appropriation act for the fiscal year ending June 30, 1880, cited above, in connection with an appropria- tion for the repair and care of the telegraph mentioned. Sec. 1800. Chief of Engineers to have charge of Washington aqueduct. The Chief of Engineers shall have the immediate superintendence of the Washington aqueduct, together with all rights, appurtenances, and fixtures connected with the same, and belonging to the United States, and of all other public works and improvements in the Dis- trict of Columbia in which the Government has an interest, and which are not otherwise specially provided for by law. Act March 3, 1859, c. 84, § 1, 11 Stat. 435. Act June 25, 1860, c. 211, § 1, 12 Stat. 106. Act March 2, 1867, c. 167, § 2, 14 Stat. 466. Act March 30, 1867, c. 20, § 3, 15 Stat. 12. Sec. 1801. Chief of Engineers to obey the President. He shall obey, in the discharge of the duties mentioned in the pre- ceding section, such regulations, pursuant to law, as may be pre- scribed by the President, through the Department of War. Act May 2, 1828, c. 45, 4, 4 Stat. 266. Act March 3, 1859, c. 84, § 1, 11 Stat. 435. Act June 25, 1860, c. 211, § 1, 12 Stat. 106. Act March 30, 1867, c. 20, § 3, 15 Stat. 12. Sec. 1802. How moneys for aqueduct, etc., to be expended. All moneys appropriated or hereafter appropriated for the Wash- ington Aqueduct, and for the other public works in the District of Columbia, not otherwise expressly provided for by law, shall be ex- pended under the direction of the Secretary of War. Act March 3, 1859, c. 84, § 1, 11 Stat. 435. Res. June 18, 1862, No. 36, 12 Stat. 620. Act March 30, 1867, c. 20, $ 3, 15 Stat. 12. Sec. 1803. Unauthorized opening of pipes punishable. No person, unless by consent of the Chief of Engineers in charge of the public buildings and works, shall tap or open the mains or pipes laid or hereafter to be laid by the United States, under a pen- alty of not less than fifty nor more than five hundred dollars. Act March 3, 1859, c. 84, § 5, 11 Stat. 436. Secs. 1804-1807) Tit. 21-SEAT OF GOVERNMENT. 1233 Sec. 1804. Willful, etc., breaking, etc., of pipes punishable. Every person who maliciously breaks, injures, defaces, or destroys any main or pipe, bend, branch, valve, hydrant, service-pipe, or any other fixture used for the distribution of water throughout the streets and avenues, or for its introduction into the houses, tenements, or buildings of Washington and Georgetown, shall be punishable by imprisonment in the county jail for not more than two years. Act March 3, 1859, c. 84, 85, 11 Stat. 436. Sec. 1805. Laying of pipes for use of public buildings. No greater number of main pipes of the Washington Aqueduct shall be laid at the expense of the United States than are sufficient to furnish the public buildings, offices, and grounds with the neces- sary supply of water. The cost of any main pipe, for the supply of water to the inhabitants of Washington and Georgetown, must be paid by the District of Columbia, in the manner provided by law. Act March 3, 1859, c. 84, § 6, 11 Stat. 436. ACT MARCH 3, 1883, c. 143. Shutting off flow of water in public buildings. And all officers in charge of public buildings in the District of Columbia shall cause the flow of water in the buildings under their charge to be shut off from five o'clock post meridian to eight o'clock ante meridian: Provided, That the water in said public buildings is not necessarily in use for public business. Act March 3, 1883, c. 143, 22 Stat. 615. This is a provision of the sundry civil appropriation act for the fiscal year ending June 30, 1884, cited above. Sec. 1806. Maliciously making water impure punishable. Every person who maliciously commits any act by reason of which the supply of water, or any part thereof, to the cities of Washington and Georgetown, becomes impure, filthy, or unfit for use, shall be fined not less than five hundred nor inore than one thousand dollars, or imprisoned at hard labor in the District of Columbia not more than three years nor less than one year. Act March 3, 1859, c. 84, § 7, 11 Stat. 437. Sec. 1807. Compensation of Chief of Engineers. The Chief of Engineers shall receive no compensation, other than his regular pay as an officer of the Corps of Engineers, for the sery- ices required of him under the provisions of this Title. Act March 3, 1859, c. 84, § 1, 11 Stat. 435. LAWS '01-78 1234 Tit. 21— SEAT OF GOVERNMENT. (Secs. 1808-1812 Sec. 1808. Apartments, stationery, etc. He shall be furnished official apartments in one of the public build- ings in the city of Washington, as may be directed by the President, and shall be supplied by the Government with the stationery, instru- ments, books, and furniture which may be required for the perform- ance of his duties. Act March 3, 1859, c. 84, § 1, 11 Stat. 435. Sec. 1809. Record of property to be kept. He shall keep in his office a complete record of all the lands and other property connected with or belonging to the Washington Aqueduct and other public works under his charge, together with accurate plans and surveys of the public grounds and reservations in the District of Columbia. Act March 3, 1859, c. 84, § 1, 11 Stat. 435. Sec. 1810. Authority, etc. He and his necessary assistants are empowered to use all lawful means for the discharge of their duties; and, particularly, he shall have full control over the Washington Aqueduct, to regulate the manner in which the authorities of the District of Columbia may tap the supply of water to the inhabitants thereof; and he shall stop the same whenever it is found to be no more than adequate to the wants of the public buildings and grounds. Act May 2, 1828, c. 45, § 4, 4 Stat. 266. Act March 3, 1859, c. 84, § 1, 11 Stat. 435. Sec. 1811. Right of appeal to Secretary of War. His decision on all questions concerning the supply of water, as provided in the preceding section, shall be subject to appeal to the Secretary of War only. Act March 3, 1859, c. 84, § 1, 11 Stat. 435. Sec. 1812. Reports. The Chief of Engineers shall, as Superintendent of Public Build- ings and Grounds, and as Superintendent of the Washington Aque- duct, annually submit the following reports to the Secretary of War in time to accompany the annual message of the President to Con- gress, namely: First. A report of his operations for the preceding year, with an account of the manner in which all appropriations for public build- ings and grounds have been applied, including a statement of the Secs. 1812–1814) Tit. 21— SEAT OF GOVERNMENT. 1235 number of public lots sold, or remaining unsold each year, of the condition of the public buildings and grounds, and of the measures necessary to be taken for the care and preservation of all public prop- erty under his charge. Second. A report of the condition, progress, repairs, casualties, and expenditures of the Washington Aqueduct and other public works under his charge. Act March 3, 1829, c. 51, § 3, 4 Stat. 363. Act Aug. 4, 1854, c. 242, § 15, 10 Stat. 573. Act March 3, 1859, c. 84, § 1, 11 Stat. 435. Act June 25, 1860, c. 211, § 1, 12 Stat. 106. The printing of additional copies of the reports on the improvement and care of the public buildings and grounds, and the care, etc., of the Wash- ington Monument, is provided for by Res. June 2, 1900, No. 30, post, un- der Title XLV, "Public Printing, Advertisements, and Public Docu- ments." Sec. 1813. Limitation on contracts of Board of Public Works. The Board of Public Works of said District are prohibited from incurring or contracting liabilities on behalf of the United States in the improvement of streets, avenues, and reservations beyond the amount of appropriations previously made by Congress, and from entering into any contract touching such improvements on behalf of the United States, except in pursuance of appropriations made by Congress. Act March 3, 1873, c. 227, § 1, 17 Stat. 526. The Board of Public Works, mentioned in this section, was abolished, with other offices of the District of Columbia existing before the Revised Statutes, by Act June 20, 1874, c. 337, 18 Stat. 116, which authorized the appointment of a commission consisting of three persons, who should exercise all the power and authority previously vested in the Governor or Board of Public Works of the District, and made further provisions for the government of the District. Sec. 1814. Old hall of House of Representatives. Suitable structures and railings shall be erected in the old hall of Representatives for the reception and protection of statuary, and the same shall be under the supervision and direction of the Chief of Engineers in charge of public buildings and grounds. And the Pres- ident is authorized to invite all the States to provide and furnish statues, in marble or bronze, not exceeding two in number for each State, of deceased persons who have been citizens thereof, and illus- trious for their historic renown or for distinguished civic or military services, such as each State may deem to be worthy of this national commemoration; and when so furnished, the same shall be placed in the old hall of the House of Representatives, in the Capitol of the United States, which is set apart, or so much thereof as may be nec- essary, as a national statuary hall for the purpose herein indicated. Act July 2, 1864, c. 210, $ 2, 13 Stat. 347. 1236 Tit. 21- SEAT OF GOVERNMENT. (Secs. 1815–1816 Sec. 1815. Paintings, etc., not to be exhibited in Capitol. No statuary, painting, or other article, the property of an individ- ual, shall hereafter be allowed to be exhibited in the rotunda or any other portion of the Capitol building. Act July 20, 1868, c. 176, § 6, 15 Stat. 110. Further prohibitions of the exhibition in the Capitol of works of art. etc., not the property of the United States, are contained in provisions of Act March 3, 1875, c. 130, § 1, and Act March 3, 1879, c. 182, § 1, set forth below. The Joint Committee on the Library are authorized to accept works of the fine arts on behalf of Congress, and to assign them places in the Capitol, by Rev. St. $ 1831. ACT MARCH 3, 1875, c. 130, $ 1. Exhibition of private work of art or use of rooms for private studios in Capitol. And no work of art not the property of the United States shall be exhibited in the Capitol, nor shall any room in the Capitol be used for private studios or works of art, without permission from the Joint Committee on the Library, given in writing; and it shall be the duty of the Architect of the Capitol Extension to carry these provisions into effect. Act March 3, 1875, c. 130, § 1, 18 Stat. 376. This is a provision of the sundry civil appropriation act for the year ending June 30, 1876, set forth above. ACT MARCH 3, 1879, c. 182, § 1. Exhibition of private works of art or manufactures in Capitol. No work of art or manufacture other than the property of the United States shall be exhibited in the National Statuary Hall, the Rotunda, or the corridors of the Capitol. Act March 3, 1879, c. 182, § 1, 20 Stat. 391. This is a provision of the sundry civil appropriation act for the fiscal year ending June 30, 1880, cited above. Sec. 1816. Repairs, etc., of Capitol. All improvements, alterations, additions, and repairs of the Capitol building shall hereafter be made by the direction and under the su- pervision of the Architect of the Capitol Extension, and the same shall be paid for by the Secretary of the Interior out of the appro- priations for such extension, and from no other appropriation; and no furniture or carpets for either House shall hereafter be purchased without the written order of the chairman of the Committee to Audit and Control the Contingent Expenses of the Senate, for the Senate, or without the written order of the chairman of the Committee on Accounts of the House of Representatives, for the House. Res. April 16, 1862, No. 28, 12 Stat. 617. Act March 30, 1867, c. 24, § 2, 15 Stat. 13. Act July 20, 1868, c. 177, § 1, 15 Stat. 115. Act Sec. 1816) 1237 Tit. 21- SEAT OF GOVERNMENT. March 3, 1869, c. 121, § 1, 15 Stat. 283, 284. Act March 3, 1871, c. 11-1, § 1, 16 Stat. 500. The Architect of the Capitol has the care and superintendence of the Capitol, including heating, by provisions of Act Aug. 15, 1876, c. 287, $ 1, set forth below. The ventilation and heating of the House of Representatives are placed under his direction by Act March 3, 1877, c. 105, § 1, and of the Senate wing by Act July 11, 1888, c. 615, post, under Rev. St. $ 1817. His du- ties in regard to the Capitol police are prescribed by Rev. St. $$ 1821, 1823. He is required to make inventories and accounts of public property and reports thereof by Rev. St. $ 1833. Provisions relating to disbursements and assessments for the Capitol extension and improvements in the grounds are contained in Act March 3, 1879, c. 182, § 1, and Act March 3, 1883, c. 143, set forth below. In case of absence or disability of the Architect of the Capitol, or in case of a vacancy, the chief clerk to the Architect is authorized to per- form the duties of the Architect, by Act July 7, 1898, c. 571, § 1, set forth below. Provisions for plans, specifications, and estimates for further recon- struction, extension, and improvement of the Capitol are contained in Act March 3, 1901, c. 853, 31 Stat. 1156. They are omitted, as temporary merely. ACT AUG. 15, 1876, c. 287, § 1. Care and superintendence of Capitol. * * The Architect of the Capitol shall have the care and superin- tendence of the Capitol, including lighting, and shall submit through the Secretary of the Interior estimates thereof. And Provided further, That all the duties relative to the Capitol building heretofore per- formed by the Commissioner of public buildings and grounds, shall hereafter be performed by the Architect of the Capitol, whose office shall be in the Capitol building: Act Aug. 15, 1876, c. 287, § 1, 19 Stat. 147. Act March 3, 1877, c. 102. $ 1, 19 Stat. 298. These are provisos annexed to the appropriation for the person in charge of heating apparatus, in the sundry civil appropriation act for the fiscal year ending June 30, 1877, cited above. The first proviso is re- peated in the similar act for the year next following, with the addition of the words "hereafter" and "annually," making it read as follows: "The Architect of the Capitol shall hereafter have the care and superin- tendence of the Capitol, including lighting, and shall submit through the Secretary of the Interior annually estimates thereof." This provision, with those of Act March 3, 1881, c. 130, $ 1, post, un- der Rev. St. $ 1817, superseded the provisions of that section. ACT MARCH 3, 1879, c. 182, $ 1. Disbursements of appropriations for Capitol. And hereafter the disbursing clerk of the Department of the Interior is hereby required to act as disbursing clerk of the Architect of the Capitol, and to disburse all moneys appropriated for the United States Capitol extension and improvement of the grounds, and to receive an annual compensation of one thousand dollars, to be paid out of said appropriation. Act March 3, 1879, c. 182, § 1, 20 Stat. 391. This is a provision of the sundry civil appropriation act for the fiscal year ending June 30, 1880, cited above. 1238 (Secs. 1816-1817 Tit. 21— SEAT OF GOVERNMENT. ACT MARCH 3, 1883, c. 143. Estimates for improvements in Capitol grounds. For improving the Capitol grounds: [Part of section omit- ted makes appropriation], and hereafter all changes and improve- ments in the grounds, including approaches to the Capitol, shall be estimated for in detail, showing what modifications are proposed and the estimate cost of the same. Act March 3, 1883, c. 143, 22 Stat. 621. This is a provision of the sundry civil appropriation act for the fiscal year ending June 30, 1884, cited above. ACT JULY 7, 1898, c. 571. Absence, disability, or vacancy in office of Architect of Capitol. That hereafter in case of the absence or disability of the Architect of the United States Capitol, the chief clerk to the Architect shall have full power and authority to do and perform all the acts which the Architect of the United States Capitol might himself do, and in case of a vacancy the chief clerk shall perform the duties of the Ar- chitect until the vacancy shall be filled according to law. Act July 7, 1898, c. 571, 30 Stat. 672. Act April 17, 1900, c. 192, § 1, 31 Stat. 125. Act March 3, 1901, c. 830, § 1, 31 Stat. 1000. This is a provision of the deficiency appropriation act for the fiscal year ending June 30, 1898, cited above. A like provision is contained in the legislative, executive, and judicial appropriation act for the fiscal year ending June 30, 1900, and in the similar act for the fiscal year ending June 30, 1901, also cited above. Sec. 1817. [Superseded. Act Aug. 15, 1876, c. 287, § 1; Act March 3, 1881, c. 130, $ 1.] This section provided that the electrical apparatus for lighting the hall of the House, the dome, the rotunda, and the old Hall of Representatives should be in charge of the chief engineer of the House of Representa- tives, subject to the control and supervision of the Architect of the Cap- itol and the Chief of Engineers in charge of public buildings and grounds. It is superseded by the provisions of Act Aug. 15, 1876, c. 287, § 1, ante, under Rev. St. § 1816, and Act March 3, 1881, c. 130, § 1, set forth be- low, giving to the Architect of the Capitol the care and superintendence of the Capitol, including lighting, etc. ACT MARCH 3, 1877, c. 105. Ventilating and heating House of Representatives. * And that hereafter the subject of ventilation and heating the House of Representatives be placed under the direction of the Archi- tect of the Capitol. Act March 3, 1877, c. 105, 19 Stat. 348. This is a provision of the sundry civil appropriation act for the fiscal year ending June 30, 1878, cited above. More specific provisions on the subject, contained in Act March 3, 1881, c. 130, § 1, are set forth below. ACT MARCH 3, 1881, c. 130, $ 1. Lighting, heating, and ventilating House of Representatives. And hereafter the electrician, together with everything per- Secs. 1817-1818) Tit. 21— SEAT OF GOVERNMENT. 1239 taining to the electrical machinery and apparatus, and all laborers and others connected with the lighting, heating and ventilating the House, shall be subject exclusively to the orders, and in all respects under the direction, of the Architect of the Capitol, subject to the control of the Speaker; and no removal or appointment shall be made except with his approval. And all engineers and others who are engaged in heating and ventilating the House shall be subject to the orders, and in all respects under the direction, of the Architect of the Capitol, subject to the control of the Speaker; and no removal or appointment shall be made except with his approval. Act March 3, 1881, c. 130, $ 1, 21 Stat. 388. This is a provision of the legislative, executive, and judicial appropria- tion act for the fiscal year ending June 30, 1882, cited above. ACT JULY 11, 1888, c. 615, $ 1. Heating and ventilating Senate wing of Capitol. * * And all engineers and others who are engaged in heating and ventilating the Senate wing of the Capitol shall be subject to the orders and in all respects under the direction of the Architect of the Capitol, subject to the approval of the Senate Committee on Rules. Act July 11, 1888, c. 615, § 1, 25 Stat. 258. This is a provision of the legislative, executive, and judicial appropria- tion act for the fiscal year ending June 30, 1889, cited above. ACT JUNE 6, 1900, c. 791, $ 1. Delivery of fuel to wings of Capitol. Hereafter fuel shall be delivered to the two wings of the Capitol only during such hours and under such regulations as the Architect of the Capitol shall prescribe. Act June 6, 1900, c. 791, § 1, 31 Stat. 612. This is a provision of the sundry civil appropriation act for the fiscal year ending June 30, 1901, cited above. Sec. 1818. Improper appropriation of streets, etc. The Secretary of the Interior is directed to prevent the improper appropriation or occupation of any of the public streets, avenues, squares, or reservations in the city of Washington, belonging to the United States, and to reclaim the same if unlawfully appropriated; and particularly to prevent the erection of any permanent building upon any property reserved to or for the use of the United States, unless plainly authorized by act of Congress, and to report to Con- gress at the commencement of each session his proceedings in the premises, together with a full statement of all such property, and how, and by what authority, the same is occupied or claimed. Noth- ing herein contained shall be construed to interfere with the tempo- rary and proper occupation of any portion of such property, by law- ful authority, for the legitimate purposes of the United States. Res. June 30, 1864, No. 56, 13 Stat. 412. 1240 Tit. 21— SEAT OF GOVERNMENT. (Secs. 1819-1820 Sec. 1819. Laws of District of Columbia extended to Capitol Square. All laws and regulations of the District of Columbia for the pres- ervation of the public peace and order shall extend to the Capitol Square, whenever application for the same is requested by the pre- siding officer of either House of Congress, or by the Chief of Engi- neers in charge of public buildings and grounds. Act May 2, 1828, c. 45, § 4, 4 Stat. 266. Act Feb. 21, 1871, c. 62, § 41, 16 Stat. 428. Regulations of the use of the Capitol Grounds are contained in Act July 1, 1882, c. 258, post, following Rev. St. § 1820. The laws of the District of Columbia for the protection of property and preservation of peace and order are extended to all public buildings and public grounds belonging to the United States within the District by Act July 29, 1892, c. 320, § 15, 27 Stat. 325. Sec. 1820. Protection of public buildings; arrest of offenders. The Sergeants-at-Arms of the Senate and of the House of Repre- sentatives are authorized to make such regulations as they may deem necessary for preserving the peace and securing the Capitol from defacement, and for the protection of the public property therein, and they shall have power to arrest and detain any person violating such regulations, until such person can be brought before the proper authorities for trial. Act March 30, 1867, c. 20, § 2, 15 Stat. 12. The powers and duties of the Sergeants-at-Arms of the Senate and of the House of Representatives in regard to the Capitol Police are pre- scribed by Rev. St. $$ 1821-1825. ACT JULY 1, 1882, c. 258. An Act to Regulate the Use of the Capitol Grounds. (22 Stat. 126.) Preamble. Whereas the Capitol Grounds have been formed to subserve the quiet and dignity of the Capitol of the United States, and to prevent the occurrence near it of such disturbances as are incident to the or- dinary use of public streets and places: Therefore the following statute for the regulation of the public use of said grounds is hereby enacted: Capitol Grounds; public use; travel, etc. Be it enacted, &c., That public travel in and occupancy of the Capitol Grounds shall be restricted to the roads, walks, and places prepared for the purpose by flagging, paving, or otherwise. Act July 1, 1882, c. 258, § 1, 22 Stat. 126. Obstruction of roads. Sec. 2. That it is forbidden to occupy the roads in such manner as to obstruct or hinder their proper use, to drive violently upon them, or with animals not under perfect control, or to use them for the Sec. 1820) 1241 Tit. 21--SEAT OF GOVERNMENT. conveyance of goods or merchandise, except to or from the Capitol on government service. Act July 1, 1882, c. 258, § 2, 22 Stat. 126. Offer of articles for sale; display of signs, etc.; solicitation of fares, alms, etc. Sec. 3. That it is forbidden to offer or expose any article for sale; to display any sign, placard, or other form of advertisement; to solicit fares, alms, subscriptions, or contributions. Act July 1, 1882, c. 258, § 3, 22 Stat. 126. Injury to statue, seat, wall, etc., or to tree, shrub, etc. Sec. 4. That it is forbidden to step or climb upon, remove, or in any way injure any statue, seat, wall, or other erection, or any tree, shrub, plant, or turf. Act July 1, 1882, c. 258, $ 4, 22 Stat. 126. Fire-arms, fire-works, etc.; harangues or orations; loud, threatening, or abusive language. Sec. 5. That it is forbidden to discharge any fire-arm, fire-work, or explosive, set fire to any combustible, make any harangue or ora- tion, or utter loud, threatening, or abusive language. Act July 1, 1882, c. 258, § 5, 22 Stat. 127. Parades or assemblages; display of flags, etc. Sec. 6. That it is forbidden to parade, stand, or move in proces- sions or assemblages, or display any flag, banner, or device designed or adapted to bring into public notice any party, organization, or movement. Act July 1, 1882, c. 258, § 6, 22 Stat. 127. Prosecution and punishment of offenses against act. Sec. 7. That offenses against this act shall be triable before the police court of the District of Columbia, and shall be punishable by fine or imprisonment, or both, at the discretion of the judge of said court; the fine not to exceed one hundred dollars, the imprisonment not to exceed sixty days. But in the case of heinous offenses by reason of which public property shall have suffered damage to an amount exceeding one hundred dollars in value, said judge of the police court may commit or hold to bail the offender for trial before the supreme court of the District of Columbia, when the offense shall be punishable by imprisonment in the penitentiary for a period of not less than six months nor more than five years. Act July 1, 1882, c. 258, § 7, 22 Stat. 127. Policemen, etc., to make arrests for offenses against act. Sec. 8. That it shall be the duty of all policemen and watchmen hav- ing authority to make arrests in the District of Columbia to be watch- ful for offenses against this act, and to arrest and bring before the proper tribunal those who shall offend against it under their observa- tion, or of whose offenses they shall be advised by witnesses. Act July 1, 1882, c. 258, § 8, 22 Stat. 127. The duties of the Capitol police to protect the Capitol grounds are pre- scribed by provisions of Act April 29, 1876, c. 86, and Act May 28, 1896 c. 252, § 1, post, following Rev. St. § 1825. 1242 Tit. 21— SEAT OF GOVERNMENT. (Secs. 1820-1821 Capitol employés to aid in enforcement of act. Sec. 9. That it shall be the duty of all persons employed in the service of the government in the Capitol or on its grounds to pre- vent, as far as may be in their power, offenses against this act, and to aid the police, by information or otherwise, in securing the arrest and conviction of offenders. Act July 1, 1882, c. 258, 9, 22 Stat. 127. Authority to suspend regulations; President of Senate and Speaker of House of Representatives. Sec. 10. That in order to admit of the due observance within the Capitol Grounds of occasions of national interest becoming the cog- nizance and entertainment of Congress, the President of the Senate and the Speaker of the House of Representatives, acting concurrently, are hereby authorized to suspend for such proper occasions so much of the above prohibitions as would prevent the use of the roads and walks of the said grounds by processions or assemblages, and the use upon them of suitable decorations, music, addresses, and cere- monies: Provided, That responsible officers shall have been ap- pointed, and arrangements determined, adequate, in the judgment of said President of the Senate and Speaker of the House of Represen- tatives, for the maintenance of suitable order and decorum in the proceedings, and for guarding the Capitol and its grounds from in- jury. Act July 1, 1882, c. 258, $ 10, 22 Stat. 127. Authority to suspend regulations; Capitol police commission. Sec. II. That in the absence from Washington of either of the cfficers designated in the last section the authority therein given to suspend certain prohibitions of this act shall devolve upon the other, and in the absence from Washington of both it shall devolve upon the Capitol police commission. Act July 1, 1882, c. 258, $ 11, 22 Stat. 127. ACT JUNE 6, 1900, c. 791, $ 1. Concerts on Capitol grounds. That nothing in the Act to regulate the use of the Capitol grounds, approved July first, eighteen hundred and eighty-two, shall be con- strued to prohibit concerts on the Capitol grounds at times when neither House of Congress is sitting by any band in the service of the United States under the direction of the Architect of the Capitol. Act June 6, 1900, c. 791, § 1, 31 Stat. 613. This is a proviso annexed to the appropriation for lighting the Capitol and grounds, in the sundry civil appropriation act for the fiscal year end- ing June 30, 1901, cited above. Sec. 1821. Capitol police. There shall be a Capitol police, the members of which shall be appointed by the Sergeants-at-Arms of the two Houses and the Ar- chitect of the Capitol Extension. There shall be a captain of the Secs. 1822-1824) Tit. 21 — SEAT OF GOVERNMENT. 1243 Capitol police and such other members with such rates of compensa- tion, respectively, as may be appropriated for by Congress from year to year. Act March 2, 1867, c. 167, § 2, 14 Stat. 466. Act March 3, 1873, c. 226, 17 Stat. 488. Sec. 1822. Number and pay. The Capitol police shall consist of the following members, to be paid at the following rates, respectively, per annum, on the order of the Sergeant-at-Arms of the Senate and the Sergeant-at-Arms of the House, or of either of them, namely: One captain, at two thousand four hundred and one dollars and twenty cents; three lieutenants, at two thousand and seventy dollars each; twenty-seven privates, at one thousand eight hundred and twenty-one dollars and sixty cents each; and eight watchmen, at one thousand one hundred and fifty dollars each. Act March 30, 1867, c. 20, § 1, 15 Stat. 11. Act March 3, 1871, c. 113, § 1, 16 Stat. 477. Sec. 1823. Suspension of members of force. The captain of the Capitol police may suspend any member of the force, subject to the approval of the two Sergeants-at-Arms and of the Architect of the Capitol Extension. Act March 3, 1873, c. 226, 17 Stat. 488. A member of the force suspended from duty is to receive no compensa- tion for the time of suspension if he is not reinstated, by a provision of Act March 3, 1875, c. 129, § 1, set forth below. ACT MARCH 3, 1875, c. 129, § 1. Pay of member of force under suspension. * * That hereafter, whenever a member of the Capitol police or watch force is suspended from duty for cause, said policeman or watch- man shall receive no compensation for the time of such suspension if he shall not be re-instated. Act March 3, 1875, c. 129, § 1, 18 Stat. 345. This is a proviso annexed to the appropriation for pay of the Capitol police, in the legislative, executive, and judicial appropriation act for the fiscal year ending June 30, 1876, cited above. A like provision, with- out the word “hereafter," was contained in the similar appropriation act for the year next preceding. Sec. 1824. Uniform. The Sergeant-at-Arms of the Senate and the Sergeant-at-Arms of the House of Representatives are directed to select and regulate the pattern for a uniform for the Capitol police and watchmen, and to furnish each member of the force with the necessary belts and arms, , at a cost not to exceed twenty dollars per man, payable out of the 1244 Tit. 21—SEAT OF GOVERNMENT. (Secs. 1824-1826 contingent fund of the Senate and House of Representatives upon the certificate of the officers above named. Act March 30, 1867, c. 20, § 1, 15 Stat. 11. The wearing of the uniform, when on duty, is prescribed by a provision of Act March 3, 1901, c. 830, § 1, set forth below. Sec. 1825. At whose expense. The members of the Capitol police shall furnish, at their own ex- pense, each his own uniform, which shall be in exact conformity to that required by regulation of the Sergeants-at-Arms. Act July 20, 1868, c. 176, § 1, 15 Stat. 94. ACT APRIL 29, 1876, c. 86. An Act to Protect the Public Property, Turf, and Grass of the Capitol Grounds from Injury. (19 Stat. 41.) Capitol police to protect Capitol grounds. Be it enacted, &c., That it shall be the duty of the Capitol police hereafter to prevent any portion of the Capitol grounds and terraces from being used as play-grounds or otherwise, so far as may be nec- essary to protect the public property, turf and grass from destruction or injury. Act April 29, 1876, c. 86, 19 Stat. 41. The Capitol police are required to police the grounds, by a provision of Act May 28, 1896, c. 252, § 1, set forth below, ACT MAY 28, 1896, c. 252, § 1. Capitol police to police Capitol building and grounds. * * And hereafter the Capitol police, under the direction of the Sergeants-at-Arms of the Senate and of the House of Representatives and of the Architect of the Capitol, shall police the Capitol building and the Capitol grounds. Act May 28, 1896, c. 252, § 1, 29 Stat. 143. This is a provision of the legislative, executive, and judicial appropria- tion act for the fiscal year ending June 30, 1897, cited above. ACT MARCH 3, 1901, c. 830, $ 1. Capitol police to wear uniform while on duty. And hereafter the officers, privates, and watchmen of the Capitol police shall, when on duty, wear the regulation uniform. Act March 3, 1901, c. 830, § 1, 31 Stat. 963. This is a provision of the legislative, executive, and judicial appropria- tion act for the fiscal year ending June 30, 1902, cited above. Provisions for selecting and furnishing the uniforms are contained in Rev. St. $$ 1824, 1825. Sec. 1826. Supervision extended over Botanical Garden. The supervision of the Capitol police shall be extended over the Botanical Garden, and, until otherwise ordered, and especially during Secs. 1826-1827) Tit. 21- SEAT OF GOVERNMENT. 1245 the period employed for rebuilding the fence surrounding the grounds, additional police force may be employed, if deemed necessary, the expense for which shall be defrayed from the contingent fund of the Senate and House of Representatives; but the additional number of policemen for this purpose shall not exceed three at any time. Res. July 15, 1870, No. 131, 16 Stat. 391. So much of this section as authorizes the employment of additional po- lice force is repealed by a provision of Act Aug. 15, 1876, c. 287, § 1, set forth below. The removal of the fence around the Botanical Garden before Jan. 1, 1903. is directed by a provision of Act March 3, 1899, c. 458, § 2, 30 Stat. 1377. ACT AUG. 15, 1876, c. 287, § 1. Repeal of provision for additional police force. That so much of the Joint Resolution approved July fifteenth, eighteen hundred and seventy, as authorizes the employment of ad- ditional police force is hereby repealed to take effect from and after the thirtieth day of June eighteen hundred and seventy-six Act Aug. 15, 1876, c. 287, § 1, 19 Stat. 144. This is a proviso annexed to the appropriation for pay of the Capitol police in the legislative, executive, and judicial appropriation act for the fiscal year ending June 30, 1872, cited above. That part of Res. July 15, 1870, No. 131, 16 Stat. 391, referred to and repealed in this provision, was incorporated in Rev. St. § 1826. ACT AUG. 5, 1882, c. 389. Powers and duties of watchmen in public squares and reservations. That hereafter all watchmen provided for by the United States Government for service in any of the public squares and reserva- tions in the District of Columbia shall have and perform the same powers and duties as the Metropolitan police of said District. Act Aug. 5, 1882, c. 389, 22 Stat. 243. This is a provision annexed to the appropriation for pay of watchmen, in the legislative, executive, and judicial appropriation act for the fiscal year ending June 30, 1883, cited above. The duties and authority of the Board of Metropolitan Police for the District of Columbia were extended to all public squares, and the board was authorized and required to make proper rules and regulations in rela- tion thereto, by a provision of Act March 3, 1875, c. 130, § 1, 18 Stat. 395, repeated in Act July 31, 1876, c. 246, 19 Stat. 110, and Act March 3, 1877, c. 105, 19 Stat. 346. Sec. 1827. Superintendent, etc., of Botanical Garden and green-houses. There shall be a superintendent, assistants, and two additional laborers in the Botanical Garden and green-houses, who shall be un- der the direction of the Joint Committee on the Library. Act March 3, 1873, c. 226, § 1, 17 Stat. 491. The Superintendent of the Library building and grounds is to disburse the appropriations for the Botanical Garden by a provision of Act July 19, 1897, c. 9, § 1, ante, under Rev. St. $ 88. 1246 Tit. 21-SEAT OF GOVERNMENT. (Secs. 1827-1831 * [Part ACT JUNE 20, 1878, c. 359, $ 1. Trees, shrubs, etc., in green-houses and nursery. Buildings and grounds in and around Washington. of section omitted makes appropriation.] Hereafter only such trees, shrubs, and plants shall be propagated at the greenhouses and nursery as are suitable for planting in the public reservations, to which purpose only the said productions of the greenhouses and nursery shall be ap- plied. Act June 20, 1878, c. 359, § 1, 20 Stat. 220. This is a proviso annexed to the appropriation for care of green-house and nursery in the sundry civil appropriation act for the fiscal year ending June 30, 1879, cited above. Sec. 1828. Report of warden of penitentiary. The warden of the penitentiary of the United States for the Dis- trict of Columbia shall make to the Secretary of the Interior, an- nually, in time to accompany the annual message of the President to Congress, a report of his operations during the preceding year, and of the manner in which all appropriations have been applied. Act Aug. 4, 1854, c. 242, § 15, 10 Stat. 573. Sec. 1829. Furniture for President's House. All furniture purchased for the use of the President's House shall be, as far as practicable, of domestic manufacture. Act May 22, 1826, c. 154, § 2, 4 Stat. 194. Similar provisions for preference of American goods in the purchase of articles for the use of Congress are contained in Rev. St. 8 69. Sec. 1830. Ailantus trees prohibited. No more ailantus trees shall be purchased for or planted in the public grounds. Act March 3, 1853, c. 97, 8 1, 10 Stat. 207. Sec. 1831. Works of fine arts. The Joint Committee on the Library, whenever, in their judgment, it is expedient, are authorized to accept any work of the fine arts, on behalf of Congress, which may be offered, and to assign the same such place in the Capitol as they may deem suitable, and shall have the supervision of all works of art that may be placed in the Capitol. Act June 10, 1872, c. 415, § 1, 17 Stat. 362. The exhibition of works of art, etc., not the property of the United States, is forbidden by Rev. St. § 1815, and subsequent provisions col- lected under that section. Secs. 1832-1835) Tit. 21-SEAT OF GOVERNMENT. 1247 Sec. 1832. Annual statement of public property. It shall be the duty of the officer or officers having in charge the property of the United States in and about the Capitol, the Pres- ident's House, and the Botanical Garden, to furnish an annual statement to the Architect of the Capitol Extension, by the first day of December, setting forth the public property in all the buildings, rooms, and grounds under their charge, purchased during each year, and an account of the disposition of such property during the same period, whether by sale or otherwise. Act June 4, 1872, c. 287, 17 Stat. 220. Sec. 1833. Inventory of public property. The Architect of the Capitol Extension shall make out and keep, in proper books, a complete inventory of all public property in and about the Capitol, the Botanical Garden, and the President's House, adding thereto, from time to time, an account of such property as may be procured, subsequently to the taking of the first inventory, as well as an account of the sale or other disposal of such property. And he shall submit an annual report of such inventories and ac- counts, on the first Monday of December to Congress. Act July 15, 1870, c. 300, $ 2, 16 Stat. 364. Sec. 1834. Two last sections not to apply to Library of Congress, etc. The two preceding sections shall not apply to the books, pamph- lets, papers, and documents in the Library of Congress, nor to the supplies of stationery and fuel in the several public buildings and offices therein referred to. Act July 15, 1870, c. 300, $ 3, 16 Stat. 364. Inventories and accounts of property are required to be made by the officers of the Senate and of the House of Representatives by Rev. St. $ 72, and by the heads of the Executive Departments by Rev. St. 197. Sec. 1835. Extra pay prohibited. No pay or compensation other than is fixed by this Title shall be allowed to any officer, employé, or laborer embraced within the pro- visions hereof. Act July 12, 1870, c. 251, $ 4, 16 Stat. 250. ACT MAY 23, 1876, c. 103. An Act Relating to Interments in the Congressional Cemetery. (19 Stat. 54.) Congressional Cemetery; monuments to deceased Senators and Repre- sentatives interred therein. Be it enacted, &c., That liereafter whenever any deceased Senator or Member of the House of Representatives shall be actually interred 1248 (Sec. 1835 Tit. 21 — SEAT OF GOVERNMENT. in the Congressional Cemetery, so-called, it shall be the duty of the Sergeant-at-Arms of the Senate, in the case of a Senator, and of the Sergeant-at-Arms of the House of Representatives, in the case of a member of the House, to have a monument erected, of granite, with suitable inscriptions, and the cost of the same shall be a charge upon and paid out either from the contingent funds of the Senate or of the House of Representatives, to whichever the deceased may have belonged, and any existing omissions of monuments or inscriptions, as aforesaid, are hereby directed and authorized to be supplied in like manner, and all laws upon the subject of monuments in the Con- gressional Cemetery are hereby repealed. Act May 23, 1876, c. 103, 19 Stat. 54. ACT APRIL 30, 1890, c. 173. An Act for the Organization, Improvement, and Maintenance of the National Zoological Park. (26 Stat. 78.) Be it enacted, etc., [Sec. I makes appropriations.] This section appropriated various sums of money, one-half from the Treasury and one-half from the revenues of the District of Columbia, for the organization, improvement, and maintenance of the National Zoological Park, to be expended under the direction of the regents of the Smithsonian Institution. The National Zoological Park was established under provisions of the District of Columbia appropriation act for the fiscal year ending June 30, 1890, Act March 2, 1889, c. 370, $ 4, 25 Stat. 808, which constituted a commission to select from a certain district along Rock Creek a tract of land, including a section of the creek, suitable for a zoological park, and to purchase the land so selected, or take proceedings for the con- demnation thereof, the United States to have title to the land on pay- ment therefor to the owners. Provisions for the direction and adminis- tration of the park and the acquisition of collections therefor are con- tained in the other sections of this act, set forth below. A report to Congress of the expense on account of the park is required by a provision of Act Aug. 18, 1894, c. 301, § 1, set forth below. The Rock Creek Park is established by Act Sept. 27, 1890, c. 1001, set forth below. The Potomac Park is established by Act March 3, 1897, c. 375, set forth below. Provisions for examinations and reports to Congress of plans for the treatment of that section of the District of Columbia situated south of Pennsylvania Avenue and north of B Street Southwest, and for a suit- able connection between the Potomac and the Zoological Parks, are con- tained in Act June 6, 1900, c. 791, § 1, 31 Stat. 622. They are omitted, as temporary merely. National Zoological Park; administration by regents of Smithsonian Institution. Sec. 2. That the National Zoological Park is hereby placed under the direction of the regents of the Smithsonian Institution, who are authorized to transfer to it any living specimens, whether of animals or plants, now or hereafter in their charge, to accept gifts for the park at their discretion, in the name of the United States, to make ex- changes of specimens, and to administer the said Zoological Park for the advancement of science and the instruction and recreation of the people. Act April 30, 1890, c. 173, & 2, 26 Stat. 78. Sec. 1835) 1249 Tit. 21 — SEAT OF GOVERNMENT. Heads of departments to aid in acquisition of collections. Sec. 3. That the heads of executive departments of the Government are hereby authorized and directed to cause to be rendered all neces- sary and practicable aid to the said regents in the acquisition of col- lections for the Zoological Park. Act April 30, 1890, c. 173, $ 3, 26 Stat. 78. ACT AUG. 30, 1890, c. 837, § 1. § . Use of public grounds for children's playgrounds. The officer in charge of public buildings and grounds inay au- thorize the temporary use of a portion of the Monument Grounds or grounds south of the Executive Mansion or other reservations, in the District of Columbia, for a children's play-ground, under reg- ulations to be prescribed by him. Act Aug. 30, 1890, c. 837, § 1, 26 Stat. 396. The use of the Capitol grounds as play-grounds is to be prevented by the Capitol police, so far as necessary to protect the property, turf, and grass, by Act April 29, 1876, c. 86, ante, following Rev. St. § 1825. ACT SEPT. 27, 1890, c. 1001. An Act Authorizing the Establishment of a Public Park in the District of Columbia. (26 Stat. 492.) Rock Creek Park; establishment. Be it enacted, etc., That a tract of land lying on both sides of Rock Creek, beginning at Klingle Ford Bridge, and running northwardly, following the course of said creek, of a width not less at any point than six hundred feet, nor more than twelve hundred feet, including the bed of the creek, of which not less than two hundred feet shall be on either side of said creek, south of Broad Branch road and Blagden Mill road and of such greater width north of said roads as the commissioners designated in this act may select, shall be secured, as hereinafter set out, and be perpetually dedicated and set apart as a public park or pleasure ground for the benefit and enjoyment of the people of the United States, to be known by the name of Rock Creek Park; Provided, however, That the whole tract so to be selected and condemned under the provisions of this act shall not exceed two thousand acres nor the total cost thereof exceed the amount of money herein appropriated. Act Sept. 27, 1890, c. 1001, § 1, 26 Stat. 492. Secs. 2-6. [Temporary.] These sections created a commission to select the land for a park, and provided for the survey and acquisition thereof by purchase or con- demnation, the assessment of the cost and expenses on the lands bene- fited, the collection of the assessments and the disposition of the pro- ceeds thereof, and made an appropriation for the expenses. Control and regulations. Sec. 7. That the public park authorized and established by this act 7 shall be under the joint control of the Commissioners of the Dis- trict of Columbia and the Chief of Engineers of the United States LAWS '01-79 1250 (Sec. 1835 Tit. 21— SEAT OF GOVERNMENT. Army, whose duty it shall be, as soon as practicable, to lay out and prepare roadways and bridle paths, to be used for driving and for horseback riding, respectively, and footways for pedestrians; and whose duty it shall also be to make and publish such regulations as they deem necessary and proper for the care and management of the Such regulations shall provide for the preservation from in- jury or spoliation of all timber, animals, or curiosities within said park, and their retention in their natural condition, as nearly as pos- sible. Act Sept. 27, 1890, c. 1001, 87, 26 Stat. 495. same. RES. APRIL 12, 1892, No. 8. Joint Resolution to Encourage the Establishment and Endowment of Institutions of Learning at the National Capital by Defining the Policy of the Government with Reference to the Use of its Literary and Scientific Collections by Students. (27 Stat. 395.) Preamble. Whereas, large collections illustrative of the various arts and sciences and facilitating literary and scientific research have been accumulated by the action of Congress through a series of years at the national capital; and Whereas it was the original purpose of the Government thereby to promote research and the diffusion of knowledge, and is now the settled policy and present practice of those charged with the care of these collections specially to encourage students who devote their time to the investigation and study of any branch of knowledge by allowing to them all proper use thereof; and Whereas it is represented that the enumeration of these facilities and the formal statement of this policy will encourage the establish- ment and endowment of institutions of learning at the seat of Gov- ernment, and promote the work of education by attracting students to avail themselves of the advantages aforesaid under the direction of competent instructors: Therefore, Literary and scientific collections accessible to investigators and stu- dents. Resolved, &c., That the facilities for research and illustration in the following and any other Governmental collections now existing or hereafter to be established in the city of Washington for the pro- motion of knowledge shall be accessible, under such rules and re- strictions as the officers in charge of each collection may prescribe, subject to such authority as is now or may hereafter be permitted by law, to the scientific investigators and to students of any institu tion of higher education now incorporated or hereafter to be incor- porated under the laws of Congress or of the District of Columbia, to wit: One. Of the Library of Congress. Two. Of the National Museum. Three. Of the Patent Office. Four. Of the Bureau of Education. Five. Of the Bureau of Ethnology. Sec. 1835) 1251 Tit. 21--SEAT OF GOVERNMENT. Six. Of the Army Medical Museum. Seven. Of the Department of Agriculture. Eight. Of the Fish Commission. Nine. Of the Botanic Gardens. Ten. Of the Coast and Geodetic Survey. Eleven. Of the Geological Survey. Twelve. Of the Naval Observatory. Res. April 12, 1892, No. 8, 27 Stat. 395. A further provision that facilities for study and research in the gov- ernment departments, the Library of Congress, the National Museum, etc., shall be afforded to investigators, students, etc., in the several states and territories, as well as in the District of Columbia, contained in Act March 3, 1901, c. 831, is set forth below. ACT AUG. 18, 1894, c. 301. Report of expenses of National Zoological Park. * * Hereafter a report in detail of the expenses on account of the National Zoological Park shall be made to Congress at the beginning of each regular session. Act Aug. 18, 1894, c. 301, 28 Stat. 384. This is a provision of the sundry civil appropriation act for the fiscal year ending June 30, 1895, cited above. A like provision, without the word "hereafter," was contained in sim- ilar appropriation acts for the two preceding years. ACT MARCH 3, 1897, c. 375. An Act Declaring the Potomac Flats a Public Park under the Name of the Potomac Park. (29 Stat. 624.) Potomac Park; establishment. Be it enacted, &c., That the entire area formerly known as the Potomac Flats and now being reclaimed, together with the tidal reservoirs, be, and the same are hereby, made and declared a public park, under the name of the Potomac Park, and to be forever held and used as a park for the recreation and pleasure of the people. Act March 3, 1897, c. 375, 29 Stat. 624. ACT JULY 1, 1898, c. 543. An Act to Vest in the Commissioners of the District of Columbia Control of Street Parking in said District. (30 Stat. 570.) Street parking; control. Be it enacted, &c., Sec. 1. The jurisdiction and control of the street parking in the streets and avenues of the District of Columbia is hereby transferred to and vested in the Commissioners of the District of Columbia. Act July 1, 1898, c. 543, § 1, 30 Stat. 570. Park system; control; care and use of parking spaces. Sec. 2. That the park system of the District of Columbia is hereby placed under the exclusive charge and control of the Chief of Engi- neers of the United States Army, under such regulations as may be 1252 (Sec. 1835 Tit. 21— SEAT OF GOVERNMENT. prescribed by the President of the United States, through the Secre- tary of War. The said park system shall be held to comprise: (a) All public spaces laid down as reservations on the map of eighteen hundred and ninety-four accompanying the annual report for eighteen hundred and ninety-four of the officer in charge of public buildings and grounds: (b) All portions of the space in the streets and avenues of the said District, after the same shall have been set aside by the Commis- sioners of the District of Columbia for park purposes. Provided, That no areas less than two hundred and fifty square feet between sidewalk lines shall be included within the said park system, and no improvements shall be made in unimproved public spaces in streets between building lines or building lines prolonged until the outlines of such portions as are to be improved as parks shall have been laid out by the Commissioners of the District of Columbia : And provided further, That the Chief of Engineers is authorized temporarily to turn over the care of any of the parking spaces included in Class "B" above, to private owners of adjoining lands under such regulations as he may prescribe and with the con- dition that the said private owners shall pay special assessments for improvements contiguous to such parking, under the same regula- tions as are or may be prescribed for private lands: And provided further, That wherein any portion of a street more than one-half of the front is occupied and used for business purposes, the Commis- sioners are authorized and directed to denominate such portion of the street as a business street and shall authorize the use for business purposes by abutting property owners of so much of the sidewalk and parking as may not be needed, in the judgment of the said Com- missioners, by the general public, under such general regulations as the said Commissioners may prescribe. Act July 1, 1898, c. 543, § 2, 30 Stat. 570. Buildings projecting beyond building line. Sec. 3. This Act shall not affect in any manner the provisions in the Act of March third, eighteen hundred and ninety-one, entitled “An Act making appropriations to supply deficiencies in the appro- priations for the fiscal year ending June thirtieth, eighteen hundred and ninety-one, and for prior years, and for other purposes,” that no permits for projections beyond the building line on the streets and avenues of the city of Washington shall be granted except upon special application and with the concurrence of all said Commissioners and the approval of the Secretary of War; and the operation of said provision is hereby extended to the entire District of Columbia. Act July 1, 1898, c. 543, § 3, 30 Stat. 570. Use of spaces or reservations for widening roadways. Sec. 4. That when, in the judgment of the Commissioners of the District of Columbia, the public necessity or convenience requires them to enter upon any of the spaces or reservations under the juris- diction of the Chief of Engineers, for the purpose of widening the roadway of any street or avenue adjacent thereto or to establish side- Sec. 1835) 1253 Tit. 21 — SEAT OF GOVERNMENT. walks along the same, the Chief of Engineers, with the approval of the Secretary of War, is authorized to grant the necessary permission upon the application of the Commissioners. Act July 1, 1898, c. 543, § 4, 30 Stat. 570. Transfers of jurisdiction between Chief of Engineers and Commis- sioners of District of Columbia. Sec. 5. That when in accordance with law or mutual legal agree- ment, spaces or portions of public land are transferred from the jurisdiction of the Chief of Engineers of the United States Army, as established by this Act to that of the Commissioners of the District of Columbia, or vice versa, the letters exchanged between them of transfer and acceptance shall be sufficient authority for the neces- sary change in the official maps and for record when necessary. Act July 1, 1898, c. 543, § 5, 30 Stat. 570. Regulations for care of public grounds. Sec. 6. That the said Chief of Engineers and the said Commis- sioners are hereby authorized to make all needful rules and regula- tions for the government and proper care of all the public grounds placed by this Act under their respective charge and control; and to annex to such rules and regulations such reasonable penalties as will secure their enforcement. Act July 1, 1898, c. 543, § 6, 30 Stat. 571, Repeal; effect of act on pending litigation. Sec. 7. All acts or parts of acts inconsistent with this Act are hereby repealed; but nothing contained in this Act shall be construed to affect in any way any pending litigation involving the validity or invalidity of the occupation of any public space or reservation in the District of Columbia. Act July 1, 1898, c. 543, § 7, 30 Stat. 571. ACT MARCH 3, 1899, c. 458. An Act Relative to the Control of Wharf Property and Certain Public Spaces in the District of Columbia. (30 Stat. 1377.) Wharf property, wharves, etc.; control. Be it enacted, &c., That, with the exceptions hereinafter provided, the Commissioners of the District of Columbia shall have exclusive charge and control of all wharf property belonging to the United States or to the District of Columbia within said District, including all the wharves, piers, bulkheads, and structures thereon and waters adjacent thereto within the pier lines, and all slips, basins, docks, water fronts, land under water, and structures thereon, and the ap- purtenances, easements, uses, reversions, and rights belonging thereto, which are now owned or possessed by the United States or the District of Columbia, or to which they or either of them is or may become entitled, or which they or either of them may acquire under the provisions hereof or otherwise; and said Commissioners of the District of Columbia shall have exclusive charge and control of the repairing, building, rebuilding, maintaining, altering, strengthening, 1254 (Sec. 1835 Tit. 21-SEAT OF GOVERNMENT. leasing, and protecting said property and every part thereof, and all the cleaning, dredging, and deepening necessary in and about the same within the pier lines. Said Commissioners are also hereby au- thorized and empowered to make all needful rules and regulations for the government and control of all wharves, piers, bulkheads, and , structures thereon, and waters adjacent thereto within the pier lines, and all the basins, slips, and docks, with the land under water, in said District not owned by the United States or the District of Columbia: Provided, The the following described property shall be placed un- der the immediate jurisdiction and control of the Chief of Engineers of the United States: The banks of the Potomac River from the north line of the Arsenal Grounds to the southern curb line of N street south; also five hundred linear feet of shore line in the Flush- ing Reservoir at the foot of Seventeenth street, west, and west from the western curb of said street, including a levee one hundred feet wide Act March 3, 1899, c. 458, § 1, 30 Stat. 1377. The determination of the harbor line is provided for by section 3 of this act, set forth below. Regulations of wharf property, wharves, etc.; rent of wharves; use of Potomac Park by Department of Agriculture. Sec. 2. That said Commissioners and the Chief of Engineers of the United States Army are hereby authorized and empowered to make all needful rules and regulations for the government and proper care of all the property placed in their charge and under their respective control by the provisions of section one of this Act and to annex such reasonable penalties to said rules and regulations as will secure their enforcement; and also to make and enforce rules and regulations in regard to building and repairing wharves, the rental thereof, and the rate of wharfage. All rents so collected shall be covered into the Treasury of the United States, one-half to be placed to the credit of the United States and one-half to the credit of the District of Columbia. No lease made under the provisions of this Act shall extend beyond the period of ten years. That the Secretary of War is authorized to grant permission to the Department of Agriculture for the temporary occupation of such area or areas of Potomac Park, not exceeding a total of seventy-five acres in extent, as may not be needed in any one season for the reclamation or park improvement, the said areas to be used by the Department of Agriculture as testing grounds: Provided, That noth- ing herein contained shall be construed to change the essential char- acter of the lands so used, which lands shall continue to be a public park, as provided in the Act of Congress approved March third, eighteen hundred and ninety-seven: And provided further, That said area or areas shall be vacated by the Department of Agriculture at the close of any season upon the request of the Secretary of War: And provided further, That the entire park shall remain under the charge of the Secretary of War. [Part of section omitted temporary.] Act March 3, 1899, c. 458, § 2, 30 Stat. 1378. The portion of this section omitted here directs the removal of the * Sec. 1835) 1255 Tit. 21—SEAT OF GOVERNMENT. fence around the Botanical Garden, and the report, by the Joint Commit- tee on the Library, of a bill embodying a plan for removing the Botanical Garden to another location. These provisions are omitted, as temporary merely. Determination of harbor lines. Sec. 3. That the harbor lines of the District of Columbia shall be determined by the Chief of Engineers, United States Army, and the Commissioners of the District of Columbia, subject to the approval of the Secretary of War. Act March 3, 1899, c. 458, $ 3, 30 Stat. 1378. General provisions for the establishment of harbor lines by the Secre- tary of War, for the preservation and protection of harbors, are con- tained in Act March 3, 1899, c. 425, $ 11, post, under Title LXIII, "Riv- ers and Harbors." ACT MARCH 3, 1901, c. 831. Facilities for study and research to investigators, students, etc. That facilities for study and research in the Government Depart- ments, the Library of Congress, the National Museum, the Zoological Park, the Bureau of Ethnology, the Fish Commission, the Botanic Gardens, and similar institutions hereafter established shall be af- forded to scientific investigators and to duly qualified individuals, students, and graduates of institutions of learning in the several States and Territories, as well as in the District of Columbia, under such rules and restrictions as the heads of the Departments and Bureaus mentioned may prescribe. Act March 3, 1901, c. 831, 31 Stat. 1039. This is a provision of the deficiency appropriation act for the fiscal year ending June 30, 1901, cited above. TITLE XXII. . . THE STATES. Sec. 1836. Oath by members of State legis- latures and State officers. 1837. By whom administered. Sec. 1838. Assent of States to purchase of lands for forts, etc. Sec. 1836. Oath by members of State legislatures and State officers. Every member of a State legislature, and every executive and judi- cial officer of a State, shall, before he proceeds to execute the duties of his office, take an oath in the following form, to wit: “I, A B, do solemnly swear that I will support the Constitution of the United States.' Act June 1, 1789, c. 1, § 3, 1 Stat. 23. Sec. 1837. By whom administered. Such oath may be administered by any person who, by the law of the state, is authorized to administer the oath of office; and the per- son so administering such oath shall cause a record or certificate thereof to be made in the same manner as, by the law of the State, he is directed to record or certify the oath of office. Act June 1, 1789, c. 1, § 3,1 Stat. 23. Sec. 1838. Assent of States to purchase of lands for forts, etc. The President of the United States is authorized to procure the assent of the legislature of any State, within which any purchase of land has been made for the erection of forts, magazines, arsenals, dockyards, and other needful buildings, without such consent having been obtained. Act April 28, 1828, c. 41, § 2, 4 Stat. 264. The various acts, subsequent to the Revised Statutes, which provided for the admission of new States into the Union, are the following: Act March 3, 1875, c. 139, 18 Stat. 474, for the admission of Colorado; Act Feb. 22, 1889, c. 180, 25 Stat. 676, for the admission of North Dakota, South Dakota, Montana, and Washington; Act July 3, 1890, c. 656, 26 Stat. 215, for the admission of Idaho; Act July 10, 1890, c. 664, 26 Stat. 222, for the admission of Wyoming; Act July 16, 1894, c. 138, 28 Stat. 107, for the admission of Utah. Provisions of these acts relating to the proceedings for the admission of (1256) Sec. 1838) 1257 Tit. 22—THE STATES. the State into the Union, and the requisites and conditions thereof, and to the organization of the State government, are omitted, as temporary in their nature, and executed on or before the admission of the State; similar provisions of previous acts not having been incorporated into the Revised Statutes. Other more permanent provisions of these acts, if still in force, are set forth, or, if superseded by later statutes, are referred to in connection with them, under the titles to which they relate respectively. Thus, pro- visions for Representatives in Congress from each of such new States are set forth or referred to under Title II, "The Congress," c. 2; pro- visions for the organization of judicial districts and courts of the United States in such States, the terms of the courts and places and times of holding them, the appointment of district judges, and the appointment, duties, etc., of United States district attorneys, marshals, and clerks of the courts, under Title XIII, "The Judiciary,” c. 1, and subsequent chap- ters of that Title; provisions granting to such States public lands, etc., for internal improvements, public buildings, support of schools, univer- sities, etc., under Title XXXII, “The Public Lands," c. 7; and those granting swamp and overflowed lands, etc., under the same Title, c. 11. TITLE XXIII. THE TERRITORIES. . [This Title of the Revised Statutes was divided into three chapters, as follows: Chapter 1. Provisions common to all the Territories. Chapter 2. Of provisions concerning particular organized Territories. Chapter 3. Provisions relating to the unorganized Territory of Alaska. At the time of the enactment of the Revised Statutes there were nine organized Territories: Utah, New Mexico, Washington, Colorado, Dakota, Arizona, Idaho, Montana, and Wyoming. Of these, all except New Mexico and Arizona have been admitted as States into the Union, the Territory of Dakota constituting the States of North Dakota and South Dakota. See note at end of Title XXII, “The States." Thereby the provisions of chapters 1 and 2 of this Title are superseded, except only such as are applicable to New Mexico or Arizona, or possibly such provisions of chapter 1 as may be regarded as applicable to Territories subsequently established or acquired. In like manner the provisions of chapter 3 are superseded to a great extent by subsequent legislation relating to Alaska, particularly by Act May 17, 1884, c. 53, 23 Stat. 24, providing a civil government for Alaska; Act March 3, 1899, c. 429, 30 Stat. 1253, defining and punishing crimes in Alaska and providing a code of criminal procedure; and Act June 6, 1900, c. 786, 31 Stat. 321, making further provision for a civil government for Alaska, which, besides provisions for govern- ment as a civil and judicial district, contains a code of civil procedure and a civil code for the district. Since the enactment of the Revised Statutes, a temporary government for the Territory of Oklahoma was provided for by Act May 2, 1890, c. 182, 26 Stat. 81, and later provisions; the Indian Territory was defined, and provision made for its government and as to the laws applicable therein, by said Act May 2, 1890, c. 182, and later provisions, particularly Act June 28, 1898, c. 517, 30 Stat. 495; a civil government for Porto Rico was provided by Act April 12, 1900, c. 191, 31 Stat. 77; a government for the Territory of Hawaii was provided by Act April 30, 1900, c. 339, 31 Stat. 141; and a temporary civil government for the Philippine Islands was authorized by Act March 2, 1901, c. 803, 31 Stat. 910. The acts mentioned above, and almost all the other provisions relating to the Territories, subsequent to the Revised Statutes, relate each to a particular Terri- tory only. And such provisions of the Revised Statutes as remain in force, not re- pealed nor superseded and not inoperative by reason of changed conditions, almost all relate or are applicable to only one Territory. The existing provisions which would be placed under this Title constitute, therefore, several almost wholly distinct bodies of law, severally providing, each for a particular Territory, the government, rules, and forms adapted to its situation and conditions. These laws are special and local only, and bear to the more general provisions of the Revised Statutes much the same relation as the statutes relating to the District of Columbia. In most of the Territories, also, as in the District of Columbia, codes or other bodies of law have been enacted or adopted for the Territory, by Congress or by its own legislature, as the case may be, containing extensive and elaborate provisions, em- bodying civil law, penal law, civil procedure, criminal procedure, etc., but wholly local in their operation. Because of this limited application, and the somewhat temporary nature of the existing statutes providing governments and laws for the Territories, they are omit- ted, as more suitable for compilation in a separate volume or volumes. But all provisions relating to the operations of the government of the United States and the enforcement of its laws in the Territories, such as the organization, jurisdiction, and proceedings of the United States courts, the disposal of the public lands, the collection of the revenue, etc., are included in this compilation, in connection with the provisions of the Revised Statutes relating to those subjects, under other appro- priate titles.) Secs. 1839–1976. [Omitted.] (1258) TITLE XXIV. CIVIL RIGHTS. Sec. 1977. Equal rights under the law. Act March 1, 1875, c. 114. Preamble. 1. Equal rights in inns, public con- veyances, theaters, etc. 2. Penalty for violation of act; election of remedy. 3. Jurisdiction of prosecutions and actions for violation of act; of- ficers required to institute aud prosecute proceedings; failure of district attorney to prosecute. 4. Jurors not to be excluded on ac- count of race or color. 5. Review of proceedings under act. 1978. Rights of citizens in respect to real and personal property. 1979. Civil action for deprivation of rights. Sec. 1980. Conspiracy. 1981. Action for neglect to prevent con- spiracy. 1982. District attorney, etc., to prose- cute. 1983. Commissioners. 1984. They may appoint persons to exe- cute warrants, etc. 1985. Marshal to obey precepts, etc. 1986. Fees of district attorney, etc. 1987. Of persons appointed to execute process, etc. 1988. Speedy trial. 1989. Aid of the military and naval forces. 1990. Peonage a bolished. 1991. Foregoing section, how enforced. Sec. 1977. Equal rights under the law. All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other. Act May 31, 1870, c. 114, § 16, 16 Stat. 144. Witnesses are not to be excluded in the courts of the United States in any action on account of color, by Rev. St. $ 858. ACT MARCH 1, 1875, c. 114. An Act to Protect all Citizens in Their Civil and Legal Rights. (18 Stat. 335.) Preamble. Whereas, it is essential to just government we recognize the equal- ity of all men before the law, and hold that it is the duty of govern- ment in its dealings with the people to mete out equal and exact jus- tice to all, of whatever nativity, race, color, or persuasion, religious or political; and it being the appropriate object of legislation to enact great fundamental principles into law: Therefore, (1259) 1260 (Sec. 1977 Tit. 24Civil Rights. Equal rights in inns, public conveyances, theaters, etc. Be it enacted, &c., That all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, pub- lic conveyances on land or water, theaters, and other places of pub- lic amusement; subject only to the conditions and limitations es- tablished by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude. Act March 1, 1875, c. 114, § 1, 18 Stat. 335. Sections 1 and 2 of this act have been held unconstitutional, at least so far as their operation in the several States is concerned, but without deciding whether the law as it stands is operative in the Territories and District of Columbia. 109 U. S. 3. Depriving citizens of their civil rights, under color of any law, etc., is made punishable by Rev. St. § 5510. Penalty for violation of act; election of remedy. Sec. 2. That any person who shall violate the foregoing section by denying to any citizen, except for reasons by law applicable to citi- zens of every race and color, and regardless of any previous condi- tion of servitude, the full enjoyment of any of the accommodations, advantages, facilities, or privileges in said section enumerated, or by aiding or inciting such denial, shall, for every such offense, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered in an action of debt, with full costs; and shall also, for every such offense, be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five hun- dred nor more than one thousand dollars, or shall be imprisoned not less than thirty days nor more than one year: Provided, That all persons may elect to sue for the penalty aforesaid or to proceed un- der their rights at common law and by State statutes; and having so elected to proceed in the one mode or the other, their right to pro- ceed in the other jurisdiction shall be barred. But this proviso shall not apply to criminal proceedings, either under this act or the criminal law of any State: And provided further, That a judgment for the penalty in favor of the party aggrieved, or a judgment upon an indict- ment, shall be a bar to either prosecution respectively. Act March 1, 1875, c. 114, § 2, 18 Stat. 336. See note under section 1 of this act. a Jurisdiction of prosecutions and actions for violation of act; officers required to institute and prosecute proceedings; failure of dis- trict attorney to prosecute. Sec. 3. That the district and circuit courts of the United States shall have, exclusively of the courts of the several States, cognizance of all crimes and offenses against, and violations of, the provisions of this act; and actions for the penalty given by the preceding section may be prosecuted in the territorial, district, or circuit courts of the United States wherever the defendant may be found, without re- gard to the other party; and the district attorneys, marshals, and deputy marshals of the United States, and commissioners appointed by the circuit and territorial courts of the United States, with powers of arresting and imprisoning or bailing offenders against the laws Séc. 1977) 1261 Tit. 24–Civil Rights. of the United States, are hereby specially authorized and required to institute proceedings against every person who shall violate the provisions of this act, and cause him to be arrested and imprisoned or bailed, as the case may be, for trial before such court of the United States, or territorial court, as by law has cognizance of the offense, except in respect of the right of action accruing to the person ag- grieved; and such district attorneys shall cause such proceedings to be prosecuted to their termination as in other cases: Provided, That nothing contained in this section shall be construed to deny or defeat any right of civil action accruing to any person, whether by reason of this act or otherwise; and any district attorney who shall will- fully fail to institute and prosecute the proceedings herein required, shall, for every such offense, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered by an action of debt, with full costs, and shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not less than one thousand nor more than five thousand dollars: And provided further, That a judg- ment for the penalty in favor of the party aggrieved against any such district attorney, or a judgment upon an indictment against any such district attorney, shall be a bar to either prosecution respectively. Act March 1, 1875, c. 114, § 3, 18 Stat. 336. Jurisdiction of suits for deprivation of civil rights is given to the dis- trict courts by Rev. St. $ 563, par. 12, and to the circuit courts by Rev. St. $ 629, par. 16; and jurisdiction on writ of error or appeal in such cases, without regard to the sum or value in dispute, was given to the Supreme Court by Rev. St. § 699, par. 4, superseded by Act March 3, 1891, c. 517, $$ 4-6, ante, under Title XIII, "The Judiciary," c. 8. Jurors not to be excluded on account of race or color. Sec. 4. That no citizen possessing all other qualifications which are or may be prescribed by law shall be disqualified for service as grand or petit juror in any court of the United States, or of any State, on account of race, color, or previous condition of servitude; and any officer or other person charged with any duty in the selec- tion or summoning of jurors who shall exclude or fail to summon any citizen for the cause aforesaid shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not more than five thousand dollars. Act March 1, 1875, c. 114, § 4, 18 Stat. 326. This section has been held constitutional. 100 U. S. 339. A provision similar to this is contained in the last clause of Act June 30, 1879, c. 52, $ 2, ante, under Rev. St. $ 800. Review of proceedings under act. Sec. 5. That all cases arising under the provisions of this act in the courts of the United States shall be reviewable by the Supreme Court of the United States, without regard to the sum in controversy, under the same provisions and regulations as are now provided by law for the review of other causes in said court. Act March 1, 1875, c. 114, 85, 18 Stat. 337. See notes under section 3 of this act, and under Rev. St. $ 699, and subsequent acts collected under that section. 1262 (Secs. 1978-1980 Tit. 24—Civil Rights. Sec. 1978. Rights of citizens in respect to real and personal property. All citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property. Act April 9, 1866, c. 31, § 1, 14 Stat. 27. Sec. 1979. Civil action for deprivation of rights. Every person who, under color of any statute, ordinance, regula- tion, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privi- leges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. Act April 20, 1871, c. 22, § 1, 17 Stat. 13. Jurisdiction of suits for deprivation of civil rights is given to the dis- trict courts by Rev. St. § 563, par. 12, and to the circuit courts by Rev. St. 8 629, par. 16. Sec. 1980. Conspiracy. First. If two or more persons in any State or Territory conspire to prevent, by force, intimidation, or threat, any person from accept- ing or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof; or to induce by like means any officer of the United States to leave any State, district, or place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official du- ties; Second. If two or more persons in any State or Territory conspire to deter, by force, intimidation, or threat, any party or witness in any court of the United States from attending such court, or from testi- fying to any matter pending therein, freely, fully, and truthfully, or to injure such party or witness in his person or property on account of his having so attended or testified, or to influence the verdict, pre- sentment, or indictment of any grand or petit juror in any such court, or to injure such juror in his person or property on account of any verdict, presentment, or indictment lawfully assented to by him, or of his being or having been such juror; or if two or more persons conspire for the purpose of impeding, hindering, obstructing, or de- feating, in any manner, the due course of justice in any State or Ter- ritory, with intent to deny to any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or at- Secs. 1980-1981) 1263 Tit. 24/CIVIL RIGHTS. tempting to enforce, the right of any person, or class of persons, to the equal protection of the laws; Third. If two or more persons in any State or Territory conspire, or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal priv- ileges and immunities under the laws; or for the purpose of prevent- ing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons con- spire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully quali- fied person as an elector for President or Vice-President, or as a member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more per- sons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages, occasioned by such injury or deprivation, against any one or more of the con- spirators. Act July 31, 1861, c. 33, 12 Stat. 284. Act April 30, 1871, c. 22, § 2, 17 Stat. 13. Jurisdiction is given to the district courts of all suits authorized by law to be brought for the recovery of damages on account of any in- jury to person or property or because of the deprivation of any right or privilege of a citizen by any act done in furtherance of any conspiracy mentioned in this section, by Rev. St. & 563, par. 11; and the same jurisdiction is given to the circuit courts by Rev. St. 8 629, par. 17. Conspiracies such as are described in the second subsection are made punishable by Rev. St. 88 5406, 5407. Sec. 1981. Action for neglect to prevent conspiracy. Every person who, having knowledge that any of the wrongs con- spired to be done, and mentioned in the preceding section, are about to be committed, and having power to prevent or aid in preventing the commission of the saine, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented; and such damages may be recovered in an action on the case; and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in the action; and if the death of any party be caused by any such wrongful act and neglect, the legal rep- resentatives of the deceased shall have such action therefor, and may recover not exceeding five thousand dollars damages therein, for the benefit of the widow of the deceased, if there be one, and if there be no widow, then for the benefit of the next of kin of the deceased. 1264 (Secs. 1981-1984 Tit. 24/CIVIL RIGHTS. But no action under the provisions of this section shall be sustained which is not commenced within one year after the cause of action has accrued. Act April 20, 1871, c. 22, $ 6, 17 Stat. 15. Jurisdiction of all suits which may be brought under this section is given to the circuit courts, by Rev. St. § 629, par. 18. Sec. 1982, District attorney, etc., to prosecute. The district attorneys, marshals, and deputy marshals, the com- missioners appointed by the circuit and territorial courts, with power to arrest, imprison, or bail offenders, and every other officer who is especially empowered by the President, are authorized and required, at the expense of the United States, to institute prosecutions against all persons violating any of the provisions of chapter seven of the Title “Crimes,” and to cause such persons to be arrested, and impris- oned or bailed, for trial before the court of the United States or the territorial court having cognizance of the offense. Act April 9, 1866, c. 31, § 4, 14 Stat. 28. Act May 31, 1870, c. 114, § 9, 16 Stat. 142. The office of circuit court commissioner, under Rev. St. $ 627, was abolished, and the office of United States commissioner substituted there- for, by Act May 28, 1896, c. 252, $ 19, set forth ante, under Rev. St. $ 627. The United States commissioners so created were given all the powers and required to perform all the duties of the former circuit court commissioners. Chapter 7 of the Title "Crimes,” referred to in this section, relates to crimes against the elective franchise and civil rights of citizens. Sec. 1983. Commissioners. The circuit courts of the United States and the district courts of the Territories, from time to time, shall increase the number of com- missioners, so as to afford a speedy and convenient means for the arrest and examination of persons charged with the crimes referred to in the preceding section; and such commissioners are authorized and required to exercise all the powers and duties conferred on them herein with regard to such offenses in like manner as they are au- thorized by law to exercise with regard to other offenses against the laws of the United States. Act April 9, 1866, c. 13, § 4, 14 Stat. 28. Act May 31, 1870, c. 114, § 9, 16 Stat. 142. See note under Rev. St. § 1982. Sec. 1984. They may appoint persons to execute warrants, etc. The commissioners authorized to be appointed by the preceding section are empowered, within their respective counties, to appoint, in writing, under their hands, one or more suitable persons, from time to time, who shall execute all such warrants or other process as the commissioners may issue in the lawful performance of their duties, Secs. 1984-1987) 1265 Tit. 24-CIVIL RIGHTS. and the persons so appointed shall have authority to summon and call to their aid the bystanders or posse comitatus of the proper county, or such portion of the land or naval forces of the United States, or of the militia, as may be necessary to the performance of the duty with which they are charged; and such warrants shall run and be executed anywhere in the State or Territory within which they are issued. Act April 9, 1866, c. 31, § 5, 14 Stat. 28. Act May 31, 1870, c. 114, $ 10, 16 Stat. 142. See note under Rev. St. $ 1982. The Army is not to be used, as a posse comitatus or otherwise, for the purpose of executing the laws, except as expressly authorized by the Constitution or by act of Congress, by Act June 18, 1878, c. 263, § 15, post, under Rev. St. § 5299. Obstructing the execution of process issued under the provisions of this section and the section next following is made punishable by Rev. St. $ 5516. Sec. 1985. Marshal to obey precepts, etc. Every marshal and deputy marshal shall obey and execute all war- rants or other process, when directed to him, issued under the pro- visions hereof. Act April 9, 1866, c. 31, § 5, 14 Stat. 28. Act May 31, 1870, c. 114, $ 10, 16 Stat. 142. Obstructing the execution of process under the provisions of this se tion and the section next preceding is made punishable by Rev. St. $ 5516. Sec. 1986. Fees of district attorney, etc. The district attorneys, marshals, their deputies, and the clerks of the courts of the United States and territorial courts shall be paid for their services, in cases under the foregoing provisions, the same fees as are allowed to them for like services in other cases; and where the proceedings are before a commissioner he shall be entitled to a fee of ten dollars for his services in each case, inclusive of all services incident to the arrest and examination. Act April 9, 1866, c. 31, § 7, 14 Stat. 29. Act May 31, 1871, c. 114, § 12, 16 Stat. 143. The compensation and fees of the district attorneys, marshals and deputies, clerks of courts, and United States commissioners are pro- vided for in Title XIII, “The Judiciary," c. 16, and subsequent stat- utes collected under that chapter. Sec. 1987. Of persons appointed to execute process, etc. Every person appointed to execute process under section nineteen hundred and eighty-four shall be entitled to a fee of five dollars for each party he may arrest and take before any commissioner, with such other fees as may be deemed reasonable by the commissioner for LAWS '01-80 1266 (Secs. 1987-1990 Tit. 24—Civil Rights. any additional services necessarily performed by him, such as attend- ing at the examination, keeping the prisoner in custody, and provid- ing him with food and lodging during his detention, and until the final determination of the commissioner; such fees to be made up in conformity with the fees usually charged by the officers of the courts of justice within the proper district or county, as near as may be prac- ticable, and paid out of the Treasury of the United States on the cer- tificate of the judge of the district within which the arrest is made, and to be recoverable from the defendant as part of the judgment in case of conviction. Act April 9, 1866, c. 31, § 7, 14 Stat. 29. Act May 31, 1870, c. 114, $ 12, 16 Stat. 143. See note under Rev. St. § 1982, in regard to commissioners. Sec. 1988. Speedy trial. Whenever the President has reason to believe that offenses have been, or are likely to be committed against the provisions of chapter seven of the Title Crimes, within any judicial district, it shall be law- for him, in his discretion, to direct the judge, marshal, and district attorney of such district to attend at such place within the district, and for such time as he may designate, for the purpose of the more speedy arrest and trial of persons so charged, and it shall be the duty of every judge or other officer, when any such requisition is received by him to attend at the place and for the time therein designated. Act April 9, 1866, c. 31, $ 8, 14 Stat. 29. Chapter 7 of the Title "Crimes," referred to in this section, relates to crimes against the elective franchise and civil rights of citizens. Sec. 1989. Aid of the military and naval forces. It shall be lawful for the President of the United States, or such person as he may empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia, as may be necessary to aid in the execution of judicial process issued under any of the preceding provisions, or as shall be necessary to prevent the violation and enforce the due execution of the provisions of this Title. Act April 8, 1866, c. 31, § 9, 14 Stat. 29. Act May 31, 1870, c. 114, $ 13, 16 Stat. 143. The Army is not to be used for the purpose of executing the laws, ex- cept as expressly authorized by the Constitution or by act of Congress, by Act June 18, 1878, c. 263, & 15, post, under Rev. St. & 5299. Sec. 1990. Peonage abolished. The holding of any person to service or labor under the system known as peonage is abolished and forever prohibited in the Territory of New Mexico, or in any other Territory or State of the United States; and all acts, laws, resolutions, orders, regulations, or usages Sec. 1991) 1267 Tit. 24—Civil Rights. of the Territory of New Mexico, or of any other Territory or State, which have heretofore established, maintained, or enforced, or by vir- tue of which any attempt shall hereafter be made to establish, main- tain, or enforce, directly or indirectly, the voluntary or involuntary service or labor of any persons as peons, in liquidation of any debt or obligation, or otherwise, are declared null and void. Act March 2, 1867, c. 187, § 1, 14 Stat. 546. Sec. 1991. Foregoing section, how enforced. Every person in the military or civil service in the Territory of New Mexico shall aid in the enforcement of the preceding section. Act March 2, 1867, c. 187, § 2, 14 Stat. 546. Holding or returning a person to peonage, or obstructing the enforce- ment of the provision relating thereto, is punishable by Rev. St. 88 5526, 5527. TITLE XXV. CITIZENSHIP. Sec. 1992. Who are citizens. 1993. Citizenship of children of citizens born abroad. 1994. Citizenship of married women. 1995. Of persons born in Oregon. 1996. Rights as citizens forfeited for desertion, etc. 1997. Certain soldiers and sailors not to incur the forfeitures of the last section. Sec. 1998. Avoiding the draft. 1999. Right of expatriation declared. 2000. Protection to naturalized citizens in foreign states. 2001. Release of citizens imprisoned by foreign governments to be de- manded, Sec. 1992. Who are citizens. All persons born in the United States and not subject to any for- eign power, excluding Indians not taxed, are declared to be citizens of the United States. Act April 9, 1866, c. 31, $ 1, 14 Stat. 27. Sec. 1993. Citizenship of children of citizens born abroad. All children heretofore born or hereafter born out of the limits and jurisdiction of the United States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citi- zens of the United States; but the rights of citizenship shall not de- scend to children whose fathers never resided in the United States. Act April 14, 1802, c. 28, § 4, 2 Stat. 155. Act Feb. 10, 1855, c. 71, § 1, 10 Stat. 604. Sec. 1994. Citizenship of married women. Any woman who is now or may hereafter be married to a citizen of the United States, and who might herself be lawfully naturalized, shall be deemed a citizen. Act Feb. 10, 1853, c. 71, $ 2, 10 Stat. 604. Sec. 1995. Of persons born in Oregon. All persons born in the district of country formerly known as the (1268) Secs. 1996-1999) 1269 Tit. 25CITIZENSHIP. Territory of Oregon, and subject to the jurisdiction of the United States on the 18th May, 1872, are citizens in the same manner as if born elsewhere in the United States. Act May 18, 1872, c. 172, $ 3, 17 Stat. 134. Sec. 1996. Rights as citizens forfeited for desertion, etc. All persons who deserted the military or naval service of the United States and did not return thereto or report themselves to a provost- marshal within sixty days after the issuance of the proclamation by the President, dated the 11th day of March, 1865, are deemed to have voluntarily relinquished and forfeited their rights of citizenship, as well as their right to become citizens; and such deserters shall be forever incapable of holding any office of trust or profit under the United States, or of exercising any rights of citizens thereof. Act March 3, 1865, c. 79, $ 21, 13 Stat. 490. Sec. 1997. Certain soldiers and sailors not to incur the forfeitures of the last section. No soldier or sailor, however, who faithfully served according to his enlistment until the 19th day of April, 1865, and who, without proper authority or leave first obtained, quit his command or refused to serve after that date, shall be held to be a deserter from the Army or Navy; but this section shall be construed solely as a re- moval of any disability such soldier or sailor may have incurred, under the preceding section, by the loss of citizenship and of the right to hold office, in consequence of his desertion. Act July 19, 1867, c. 28, 15 Stat. 14. Sec. 1998. Avoiding the draft. Every person who hereafter deserts the military or naval service of the United States, or who, being duly enrolled, departs the juris- diction of the district in which he is enrolled, or goes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully ordered, shall be liable to all the penalties and forfeitures of section nineteen hundred and ninety-six. Act March 3, 1865, c. 79, $ 21, 13 Stat. 490. Sec. 1999. Right of expatriation declared. Whereas the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness; and whereas in the recognition of this principle this Government has freely received emigrants from all nations, and invested them with the rights of citizenship; and 1270 (Secs. 2000-2001 Tit. 25CITIZENSHIP. whereas it is claimed that such American citizens, with their descend- ants, are subjects of foreign states, owing allegiance to the govern ments thereof; and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed: Therefore any declaration, instruction, opin- ion, order, or decision of any officer of the United States which de- nies, restricts, impairs, or questions the right of expatriation, is de- clared inconsistent with the fundamental principles of the Republic. Act July 27, 1868, c. 249, 81, 15 Stat. 223. Sec. 2000. Protection to naturalized citizens in foreign states. All naturalized citizens of the United States, while in foreign coun- tries, are entitled to and shall receive from this Government the same protection of persons and property which is accorded to native-born citizens. Act July 27, 1868, c. 249, $ 2, 15 Stat. 224. Provisions for naturalization of aliens are contained in Title XXX, "Naturalization." Sec. 2001. Release of citizens imprisoned by foreign governments to be demanded. Whenever it is made known to the President that any citizen of the United States has been unjustly deprived of his liberty by or under the authority of any foreign government, it shall be the duty of the President forthwith to demand of that government the reasons of such imprisonment; and if it appears to be wrongful and in violation of the rights of American citizenship, the President shall forthwith demand the release of such citizen, and if the release so demanded is unreasonably delayed or refused, the President shall use such means, not amounting to acts of war, as he may think necessary and proper to obtain or effectuate the release; and all the facts and proceedings relative thereto shall as soon as practicable be communicated by the President to Congress. Act July 27, 1868, c. 249, $ 3, 15 Stat. 224. TITLE XXVI. THE ELECTIVE FRANCHISE. Sec. 2002. [Repealed.] 2003. Interference with freedom of elections by officers of Army or Navy. 2004. Race, color, or previous condition not to affect the right to vote. Sec. 2005–2031. [Repealed.] Act Feb. 8, 1894, c. 25. 1. Repeal. 2. General repeal. 3. Time of taking effect of act. Sec. 2002. [Repealed. Act Feb. 8, 1894, C. 25, § 1.] All of this Title, except sections 2003 and 2004, was repealed by Act Feb. 8, 1894, c. 25, § 1, set forth post, under Rev. St. $ 2005; and sec- tion 2 of said act repealed all other statutes and parts of statutes relating in any way to supervisors of elections and special deputy-marshals. Sec- tion 3 provided that the act should take effect from and after its passage. Rev. St. § 2002 prohibited military and naval officers from ordering, bringing, or keeping arms or troops at places of election, unless necessary to repel the armed enemies of the United States or keep the peace at the polls. Rev. St. § 5528, however, which makes punishable the acts for- bidden by this section, is not repealed. Section 2005 required the State officials charged with the duty of attending to the formalities required as a prerequisite to the right to vote to give all citizens of the United States the same and equal opportunity to perform such prerequisites. Section 2006 prescribed a penalty for the violation of section 2005. Sec- tion 2007 provided that the offer of the intending voter to perform the required prerequisites should entitle him to vote in cases where he was prevented from performing such prerequisites by reason of the refusal or neglect of the officers charged with attending to such duties. Section 2008 prescribed a penalty for wrongfully refusing to receive a vote offer- ed by a voter. Section 2009 prescribed a penalty for unlawfully hinder- ing, etc., a person from voting. Section 2010 provided a remedy for persons deprived of an office by reason of the denial to any citizen of the right to vote on account of race, color, or previous condition of servitude. Section 2011 provided for the holding of a term of the cir- cuit court at certain designated places for the purpose of safeguarding the purity of elections held for the purpose of choosing representatives in Congress, on petition by a designated number of citizens. Section 2012 provided for the appointment by the circuit court of supervisors of elec- tions. Section 2013 provided for the keeping open of the circuit court when convened for the purposes provided in section 2011, and prescribed the powers of the judges thereof in vacation and in chambers. Section 2014 provided that district judges might perform the duties of circuit judges in certain cases. Section 2015 construed section 2014. Sections 2016–2020, inclusive, prescribed the powers and duties of the super- visors of elections. Section 2021 provided for the appointment of spe- cial deputy-marshals. Section 2022 prescribed the duties of marshals and their deputies under this title. Section 2023 provided for the examina- (1271) 1272 (Secs. 2003–2031 Tit. 26% TAE ELECTIVE FRANCHISE. tion of persons arrested for violations of this Title. Section 2024 au- thorized the marshals and deputies to require the assistance of bystand- ers in the execution of the duties imposed upon them by this Title. Sec- tion 2025 provided for the appointment of chief supervisors of elections. Section 2026 prescribed their duties. Section 2027 provided that mar- shals and commissioners should forward all complaints, etc., to the chief supervisors of elections. Section 2028 prescribed the qualifications of supervisors and deputy-marshals. Section 2029 regulated the powers of supervisors in making arrests. Section 2030 limited the number of mar- shals and deputy-marshals who might be appointed under this Title. Section 2031 prescribed the compensation of supervisors of elections and special deputy-marshals. Section 1 of said repealing act contained a proviso that the repeal should not operate to affect any prosecutions then pending for violation of said sections. It also repealed Rev. St. $$ 5506, 5511-5515, 5520- 5523, all of which related to offenses against the elective franchise. Sec. 2003. Interference with freedom of elections by officers of Army or Navy. No officer of the Army or Navy of the United States shall prescribe or fix, or attempt to prescribe or fix, by proclamation, order, or other- wise, the qualifications of voters in any State, or in any manner in- terfere with the freedom of any election in any State, or with the exercise of the free right of suffrage in any State. Act Feb. 25, 1865, c. 52, § 1, 12 Stat. 427. See note under Rev. St. 2002. Officers of the Army or Navy who intimidate, etc., voters, or who pre- scribe or attempt to prescribe the qualifications of voters, or who inter- fere with an officer of election in the discharge of his duties, are pun- ishable by Rev. St. $$ 5529-5532. Sec. 2004. Race, color, or previous condition not to affect the right to vote. All citizens of the United States who are otherwise qualified by law to vote at any election by the people in any State, Territory, district, county, city, parish, township, school district, municipality, or other territorial subdivision, shall be entitled and allowed to vote at all such elections, without distinction of race, color, or previous condi- tion of servitude; any constitution, law, custom, usage, or regulation of any State or Territory, or by or under its authority, to the con- trary notwithstanding. Act May 31, 1870, c. 114, § 1, 16 Stat. 140. See note under Rev. St. $ 2002. Secs. 2005-2031. [Repealed. Act Feb. 8, 1894, C. 25, $ 1.] These sections are expressly repealed by Act Feb. 8, 1894, set forth below. See note under Rev. St. $ 2002. ACT FEB. 8, 1894, c. 25. An Act to Repeal All Statutes Relating to Supervisors of Elections Secs. 2005–2031) Tit. 26—THE ELECTIVE FRANCHISE. 1273 and Special Deputy Marshals, and for Other Purposes. (28 Stat. 36.) Repeal. Be it enacted &c., That the following sections and parts of sections of the Revised Statutes of the United States be, and the same are hereby, repealed; that is to say of title "Elective franchise," sections twenty hundred and two, twenty hundred and five, twenty hundred and six, twenty hundred and seven, twenty hundred and eight, twenty hundred and nine, twenty hundred and ten, twenty hundred and eleven, twenty hundred and twelve, twenty hundred and thirteen, twenty hundred and fourteen, twenty hundred and fifteen, twenty hundred and sixteen, twenty hundred and seventeen, twenty hundrel and eighteen, twenty hundred and nineteen, twenty hundred and twenty, relating to the appointment, qualification, power, duties, and compensation of supervisors of election; and also sections twenty hundred and twenty-one, twenty hundred and twenty-two, twenty hundred and twenty-three, twenty hundred and twenty-four, twenty hundred and twenty-five, twenty hundred and twenty-six, twenty hundred and twenty-seven, twenty hundred and twenty-eight, twenty hundred and twenty-nine, twenty hundred and thirty, twenty hundred and thirty-one of same title, relating to the appointment, qualification, power, duties, and compensation of special deputies; and also of title “Crimes," sections fifty-five hundred and six, fifty-five hundred and eleven, fifty-five hundred and twelve, fifty-five hundred and thirteen, fifty-five hundred and fourteen, fifty-five hundred and fifteen, fifty-five hundred and twenty, fifty-five hundred and twenty-one, fifty-five hun- dred and twenty-two, fifty-five hundred and twenty-three, but the re- peal of the sections hereinbefore mentioned shall not operate so as to affect any prosecutions now pending, if any, for a violation of any of the provisions of said sections; and also part of section six hun- dred and forty-three, as follows: “Or is commenced against any officer of the United States or other person on account of any act done under the provisions of title twenty- six, The Elective Franchise, or on account of any right, title, or au- thority claimed by any officer or other person under any of said pro- visions.” Act Feb. 8, 1894, c. 25, § 1, 28 Stat. 36. See note under Rev. St. $ 2002, as to repeal of these sections. The sections of the Title “Crimes," mentioned and repealed in this section, related to offenses against the elective franchise. Rev. St. $ 643, also referred to and repealed in part in this section, related to the removal from State courts of suits and prosecutions against officers of the United States for acts done under color of office, or under the laws of the United States, etc. General repeal. Sec. 2. That all other statutes and parts of statutes relating in any manner to supervisors of election and special deputy marshals be, and the same are hereby repealed. Act Feb. 8, 1894, c. 25, $ 2, 28 Stat. 37. Time of taking effect of act. Sec. 3. That this Act shall take effect from and after its passage. Act Feb. 8, 1894, c. 25, § 3, 28 Stat. 37. TITLE XXVII. THE FREEDMEN. Sec. 2032. Certain acts continued in force. 2033. Such laws to be enforced by Sec- retary of War. Act March 3, 1879, c. 182, $ 2. Payment of claims for pay, bounty, etc., to colored soldiers, etc. Act Feb. 1, 1888, c. 4, § 1. Mode of payment of claims. Act July 1, 1898, c. 546, § 1. Allowance of attorney's fees. 2034. Accounts for expenditures, etc., to be paid from what fund, and how. 2035. Secretary of War appointed trus- tee of a retained bounty fund, etc. Sec. 2036. May invest the fund, and for what purpose. 2037. Who to be deemed wife and chil- dren of colored soldiers. 2038. Freedmen's Hospital in District of Columbia continued, etc. Act June 23, 1874, c. 455, § 1. Freedmen's Hospital under direction of Secretary of Interior. Act March 3, 1891, c. 542. Expenditures for Howard University. Act Aug. 5, 1892, c. 380, $ 1. Estimates for Freedmen's Hospital. Act March 3, 1893, c. 199, $ 1. Expenditures for Freedmen's Hos- pital. Sec. 2032. Certain acts continued in force. All laws and parts of laws pertaining to the collection and payment of bounty, prize-money, and other legitimate claims of colored sol- diers, sailors, and marines, or their heirs, shall remain in force until otherwise ordered by Congress. Act June 10, 1872, c. 415, § 1, 17 Stat. 366. Sec. 2033. Such laws to be enforced by Secretary of War. The Secretary of War is authorized to carry into effect all laws and parts of laws referred to in the preceding section, and to this end he may employ such clerical force as he deems necessary. Act June 10, 1872, c. 415, § 1, 17 Stat. 366. ACT MARCH 3, 1879, c. 182, $ 2. Payment of claims for pay, bounty, etc., to colored soldiers, etc. That all sums due upon certificates issued, or which may be issued by the accounting officers of the Treasury in settlement of claims for pay, bounty, prize money, or other moneys due to colored soldiers, sailors or marines, or their legal representatives, shall be paid by the (1274) Sec. 2033) 1275 Tit. 27—THE FREEDMEN. officers of the Pay Department of the Army, under the direction of the Paymaster General, who is already charged with the payment of like dues to white soldiers: Provided, first, That no such certificate shall be issued until it shall have been ascertained that the application is made by the original claimant, or, if he be dead, by his true living legal representative, nor until the identity of such claimant or repre- sentative as the case may be, shall have been duly established: Pro- vided, That if an agent or attorney be employed, the allowance for his services shall not in any case exceed that contemplated in the scale of fees and allowances fixed by the second section of a joint reso- lution approved July twenty sixth, eighteen hundred and sixty six, entitled “Joint resolution amendatory of a joint resolution respecting bounties to colored soldiers, and the pensions, bounties, and allow- ances to their heirs”, approved June fifteenth, eighteen hundred and sixty six, * * [Part of section omitted repealed. Act Feb. I, 1888, c. 4, § 1, and Act July 1, 1898, c. 546, § 1]; and no power of attorney, transfer or assignment of the amount of such claims, or any part thereof, shall in any case be recognized; * [Remainder of section omitted temporary and executed.] Act March 3, 1879, c. 182, $ 2, 20 Stat. 402. This section is a part of the sundry civil appropriation act for the fiscal year ending June 30, 1880, cited above. The portions omitted here consist of a proviso that the allowance for services of an attorney or agent should be stated in a separate certificate in favor of the agent or attorney simultaneously with the issue of a cer- tificate for the amount due the claimant, which is repealed by Act July 1, 1898, c. 546, § 1, set forth below; and a further proviso that amounts due upon certificates issued in settlement of claims for pay, bounty, etc., should be paid only to the party named in the certificate, and in current funds or by post-office money-order, and not by check or draft, which is repealed by Act Feb. 1, 1888, c. 4, § 1, also set forth below. The fees allowed by Res. July 26, 1866, No. 86, 8 2, referred to in this section, are "for the preparation and prosecution of claims for, and the collection and remittances of all sums not exceeding fifty dollars, five dollars; for sums exceeding fifty and less than one hundred dollars, seven dollars and fifty cents; and for all sums exceeding one hundred dollars, the sum of ten dollars." * ACT FEB. 1, 1888, c. 4, § 1. Mode of payment of olaims. That so much of section two of the sundry civil appropriation act, approved March third, eighteen hundred and seventy-nine, as pro- vides that amounts due upon certificates issued, or which may be issued, by the accounting officers of the Treasury, in settlement of claims for pay, bounty, prize-money, or other moneys due to colored soldiers, sailors, or marines, or their legal representatives, shall be paid only to the party named in the certificate, and in current funds or by post-office money-order, and not by check or drafts, be, and the same is hereby, repealed; and hereafter the said claims of colored soldiers, sailors, and marines shall be paid in the same manner as similar claims are paid to white soldiers, sailors, and marines. Act Feb. 1, 1888, c. 4, § 1, 25 Stat. 9. This is a provision of the deficiency appropriation act for the fiscal year ending June 30, 1887, cited above. 1276 (Secs. 2033-2036 Tit. 27—THE FREEDMEN. ACT JULY 1, 1898, c. 546, § 1. Allowance of attorney's fees. That so much of the sundry civil appropriation Act of March third, eighteen hundred and seventy-nine, as requires in the settle- ment of claims for pay, bounty, prize money, or other moneys due to colored soldiers, sailors, or marines, or their legal representatives, that the amount allowed as attorney's fees be stated in a separate certificate in favor of the agent or attorney, be, and the same is hereby, repealed. Act July 1, 1898, c. 546, § 1, 30 Stat. 640. This is a provision of the sundry civil appropriation act for the fiscal year ending June 30, 1899, cited above. Sec. 2034. [4s amended 1877.] Accounts for expenditures, etc., to be paid from what fund, and how. Where accounts have been rendered for necessary expenditures in- curred for refugees or freedmen, under the sanction of the proper officers, but which cannot be settled for want of specific appropria- tions, the same may be paid out of the fund for the relief of refugees and freedmen, on the approval of the Secretary of War. Act June 15, 1866, c. 123, § 2, 14 Stat. 65. Act Feb. 27, 1877, c. 69, 19 Stat. 244. This section is amended by Act Feb. 27, 1877, c. 69, cited above, by inserting, after the word "Secretary," the word "of," as set forth here. Sec. 2035. Secretary of War appointed trustee of a retained bounty fund, etc. The Secretary of War is constituted the lawful custodian of a re- tained bounty fund, which has been derived from a portion of the State bounties of certain colored soldiers enlisted in Virginia and North Carolina, during the years 1864 and 1865, and which, by vir- tue of General Orders No. 90, Department of Virginia and North Carolina, was held by the Superintendent of Freedmen's Affairs, but was turned over to the Bureau upon its organization; and the Secre- tary of War shall hold the fund as trustee for the benefit of such colored soldiers or their legal representatives, to whom the same shall be paid upon their application or discovery. Act March 2, 1867, c. 186, § 1, 14 Stat. 515. Sec. 2036. May invest the fund, and for what purpose. The Secretary of War is empowered to invest the fund, or any por- tion thereof, in bonds of the United States, for the exclusive benefit of such colored soldiers or their legal representatives; but a suffi- cient amount of the same in cash may be retained uninvested to meet all lawful claims thereupon that will probably be presented for pay- ment. Act May 2, 1867, c. 186, 8 2, 14 Stat, 545. Secs. 2037–2038) 1277 Tit. 27—THE FREEDMEN. Sec. 2037. Who to be deemed wife and children of colored soldiers. In determining who is the wife or child of any colored soldier, within the meaning of this Title, evidence that the soldier and the woman claimed to be his wife cohabited or associated as husband and wife, and so continued to cohabit or associate at the time of enlist- ment, or evidence that a form of marriage, whether such marriage was authorized or recognized by law or not, was entered into by them, and that the parties thereafter lived together as husband and wife, and so continued to live together at the time of the enlistment, shall be deemed sufficient proof of marriage; and the children born of any such marriage shall be taken to be the children embraced within the provisions of this Title, whether such marriage was or was not dissolved at the time of the enlistment. Res. March 3, 1865, No. 29, 13 Stat. 571. Sec. 2038. Freedmen's Hospital in District of Columbia continued, etc. The Freedmen's Hospital and Asylum in the District of Columbia is, until otherwise ordered by Congress, continued under the control and supervision of the Secretary of War, who shall make all esti- mates, pass all accounts, and be responsible to the Treasury for all expenditures; but no part of any appropriation shall be used in sup- port of, or to pay the expenses on account of, any person hereafter to be admitted to such Hospital and Asylum, unless persons removed thither from some other Government hospital. Act June 10, 1872, c. 415, § 1, 17 Stat. 366. Act March 3, 1871, c. 114, 16 Stat. 506. This section is superseded in part by provisions of Act June 23, 1874, c. 455, § 1, Aug. 5, 1892, c. 380, $ 1, and Act March 3, 1893, c. 199, $ 1, set forth below. ACT JUNE 23, 1874, c. 455, $ 1. Freedmen's Hospital under direction of Secretary of Interior. That after June thirtieth, eighteen hundred and seventy- four, the Freedmen's Hospital in the District of Columbia shall, un- til otherwise ordered by Congress, be continued under the direction of the Secretary of the Interior, who shall make all estimates and pass all accounts, and shall be accountable to the Treasury of the United States for all expenditures; and all property including hospital and quartermaster's stores, belonging to said hospital, and now in charge of the War Department, be also transferred to the Interior Depart- ment. Act June 23, 1874, c. 455, § 1, 18 Stat. 223. This is a proviso annexed to an appropriation for the Freedmen's Hos- pital in the sundry civil appropriation act for the fiscal year ending June 30, 1875, cited above. It superseded so much of Rev. St. $ 2038, as placed the hospital under the control and supervision of the Secretary of War. Its provisions relating to estimates and expenditures for the hospital are superseded by those of Act Aug. 5, 1892, c. 380, § 1, and Act March 3, 1893, c. 199, § 1, set forth below. 1278 (Sec. 2038 Tit. 27— — THE FREEDMEN. ACT MARCH 3, 1891, c. 542. Expenditures for Howard University. For the maintenance of the Howard University, to be used in pay- ment of part of the salaries of the officers, professors, teachers, and other regular employees of the university, the balance of which will be paid from donations and other sources. * And the proper officers of said university shall report annually to the Secretary of the Interior how the appropriation is expended. Act March 3, 1891, c. 542, 26 Stat. 973. Act Aug. 5, 1892, c. 380, § 1, 27 Stat. 372. Act March 3, 1893, c. 208, 27 Stat. 593. This is a provision of the sundry civil appropriation act for the fiscal year ending June 30, 1892, repeated in the similar acts for the two years next following, cited above. Act Aug. 5, 1892, c. 380, § 1, contained the further provision, "and the Secretary of the Interior shall estimate in detail for the next fiscal year the items of expenditure provided for in this paragraph." ACT AUG. 5, 1892, c. 380, § 1. Estimates for Freedmen's Hospital. And hereafter the estimates for the Freedman's Hospital and Asylum shall, each year, be submitted in the annual estimates for the expenses of the government of the District of Columbia. Act Aug. 5, 1892, c. 380, § 1, 27 Stat. 373. This is a provision of the sundry civil appropriation act for the fiscal year ending June 30, 1893, cited above. The expenditures for the hospital are placed under supervision and con- trol of the Commissioners of the District by a provision of Act March 3, 1893, c. 199, § 1, set forth below. ACT MARCH 3, 1893, c. 199, § 1. Expenditures for Freedmen's Hospital, And hereafter the expenditures for the Freedmen's Hospital and Asylum shall be under the supervision and control of the Commis- sioners of the District of Columbia. Act March 3, 1893, c. 199, § 1, 27 Stat. 551. This is a provision of the District of Columbia appropriation act for the fiscal year ending June 30, 1894, cited above. TITLE XXVIII. INDIANS. [This Title of the Revised Statutes was divided into four chapters, as follows: Chapter 1. Officers of Indian affairs; their duties and compensation. Chapter 2. Performance of engagements between the United States and In- dians. Chapter 3. Government and protection of Indians. Chapter 4. Government of Indian country. Many provisions of this Title are .epealed or superseded by subsequent acts, and many more have become inoperative by statutory and other changes in the ad- ministration of Indian affairs, and in the condition of the Indians and the Indian country. The operation of agreements with the Indians for the disposition of reservation and other lands and of acts of Congress in pursuance thereof, of pro- visions for allotment of lands in severalty to Indians and for their admission to citizenship, and of provisions for the government of the Indian Territory and as to the laws applicable therein, has rendered wholly inoperative or limited greatly the application of nearly all the provisions of this Title,--particularly those of chapters 3 and 4,-and of later statutes relating to the same subjects. The provisions remaining in force and operative-both those of the Revised Stat- utes and those of subsequent acts which would be placed under this Title--are largely special and local, applicable only to the Indian Territory, or to particular reservations or other tracts of country, or to particular tribes or other bodies of Indians. Most of them, also, are provisions for particular occasions or temporary conditions, which terminate when executed. Because of this limited application and temporary nature of the existing statutes relating to the Indians, they are omitted, as more suitable for compilation in a separate volume; a similar disposition being made of the statutes relating to the Territories other than the Indian Territory. See note under Title XXIII, "The Territories."'] Secs. 2039-2157. [Omitted.] (1279) TITLE XXIX. IMMIGRATION. Sec. Sec. 2158. Cooly-trade prohibited. Treasury; contracts with State 2159. Vessels employed in cooly-trade officers; examination into condi- shall be forfeited. tion of immigrants; convicts, 2160. Building vessels to engage in lunatics, and idiots, and persons cooly-trade, how punished. who may become a public 2161. Punishment for violation of sec- charge, not to be permitted to tion 2158. land. 2162. This Title not to interfere with 3. Regulations, etc., to be prescribed voluntary emigration. by Secretary of Treasury. 2163. Examination of vessels. 4. Return of foreign convicts. Act March 3, 1875, c. 141. 5. Time of taking effect of act. 1. Inquiry and certificate by con- Act June 26, 1884, c. 121, $ 22. sular officers. Passengers by vessels between Unit- 2. Involuntary transportation of ed States and Canada or Mexico Chinese, Japanese, etc., for pur- exempted from head-money duty. pose of holding to service, pun- Act Feb. 26, 1885, c. 164. ishable; contracts void. 1. Prepaying transportation, assist- 3. [Relates to importation of women ing, etc., importation or migra- for prostitution.] tion, of aliens or foreigners un- 4. Contracting to supply cooly labor der contract to perform labor or punishable. service in United States, unlaw- 5. [Relates to immigration of con- ful. victs and women imported for 2. Contracts for labor or service of prostitution.] aliens, made previous to migra- 2164. No charge upon particular per- tion or importation, void. sons immigrating, etc. 3. Penalty for violation of act. 4. Master of vessel knowingly bring- [REGULATION AND RESTRIC- ing into United States aliens TION OF IMMIGRATION IN under contract to perform labor, GENERAL.] punishable. Act March 3, 1875, c. 141, $$ 3, 5. 5. Persons exempted from applica- 3. Importation of women for prosti- tion of act. tution forbidden; contracts void; 6. Execution of act by Secretary of punishment. Treasury; contracts with State 5. Immigration of convicts and wo- officers; examination into con- men imported for prostitution dition of immigrants; prohibit- unlawful; inspection of vessels; ed persons not to be permitted forfeiture. to land. Act Aug. 3, 1882, c. 376. 7. Regulations, etc., to be prescribed 1. Head-money duty on alien pas- by Secretary of Treasury. sengers from foreign ports; im- 8. Return of prohibited persons. migrant fund. 9. Repeal. 2. Execution of act by Secretary of 10. Time of taking effect of act. (1280) Tit. 29-IMMIGRATION. 1281 Sec. 7. Bonds of indemnity against alien becoming public charge. 8. Notification of immigration laws by agents of steamship compa- nies, etc.; certificate of com- pliance; penalty. 9. Privileges at Ellis Island immi- grant station. 10. Chinese excepted from application of act; time of taking effect of act. Act Aug. 18, 1894, c. 301, $ 1. Decisions excluding aliens final un- less reversed on appeal; head-mon- ey duty; commissioners of immi- gration. Act Varch 2, 1895, c. 177, § 1. Superintendent of Immigration desig- nated Commissioner-General of Immigration; additional duties; clerks; special inspectors. Act June 6, 1900, c. 791, $ 1. Commissioner-General of Immigra- tion; additional duties. Sec. Act Oct. 19, 1888, c. 1210, $ 1. Return of immigrants landed unlaw- fully; payment to informer share of penalty. Act March 3, 1891, c. 551, 1. Classes of aliens excluded. 2. Compromise of suits for violations of Act Feb. 26, 1885, c. 164. 3. Advertisements, etc., promising employment to alien immi- grants. 4. Soliciting immigration forbidden; penalties. 5. [Amends Act Feb. 26, 1885, C. 164, $ 5.] 6. Bringing into or landing in United States aliens not entitled to en- ter, punishable. 7. Superintendent of Immigration; salary; duties; office; clerks. 8. Inspection of immigrants upon arrival; officers permitting land- ing without inspection punish- able. 9. Jurisdiction of State officers and courts over immigrant stations. 10. Deportation of immigrants com- ing unlawfully; cost of main- tenance and return; refusal to receive back or to pay cost pun- ishable. 11. Deportation of alien unlawfully in United States, or becoming a public charge after arrival. 12. [Relates to pending causes.] 13. Jurisdiction of courts; time of taking effect of act. Act March 3, 1893, c. 206. 1. Lists of alien immigrants to be delivered by masters of vessels; contents. 2. Grouping of immigrants in lists; identification tickets; verifica- tion of lists by officer of vessel. 3. Verification of lists by surgeon of vessel. 4. Failure to furnish lists of immi- grants; penalty. 5. Detention of immigrants for spe- cial inquiry; conduct of in- quiries; decisions thereon; ap- peals; review by Secretary of Treasury. 6. Amendment of Act March 3. 1891 c. 551, 88 5, 8. LAWS '01-81 [EXCLUSION OF CHINESE.] Act May 6, 1882, c. 126. [As amended 1884.] Preamble. 1. Coming of Chinese laborers to United States suspended. 2. Masters of vessels landing Chi- nese la borers, punishable. 3. Exemptions from application of two foregoing sections. 4. [Superseded.] 5. [Superseded.] 6. Chinese other than laborers; cer- tificates of identity. 7. Altering name in or forging cer- tificate, or false personation of person named therein, punish- able. 8. Lists of Chinese passengers to be delivered by masters of vessels arriving from foreign ports; contents; penalty for failure. 9. Comparison of lists with certifi- cates. 10. Forfeitures of vessels for viola- tions of act. 11. Bringing or landing Chinese la- borers not entitled to enter, punishable. 1282 Tit. 29-IMMIGRATION. Sec. 12. Chinese not to enter United States by land without certificate; de- portation of Chinese unlawfully within United States; expenses. 13. Diplomatic and other officers, their servants, etc., exempted from application of act. 14. [Relates to naturalization of Chinese.] 15. Persons to whom act is applica- ble; “Chinese laborers” de fined. 16. Violations of act punishable. 17. [Relates to pending causes.] Act Sept. 13, 1888, c. 1015. 1. Entry of Chinese unlawful, except as provided. 2. Classes of Chinese permitted to enter; certificates of identity. 3. Persons to whom act applicable; "Chinese laborers" defined. 4. Lists of Chinese passengers to be delivered by masters of vessels arriving from foreign ports; contents; landing diplomatic and consular officers, etc.; pen- alties. 5. Return of Chinese laborers after departure not permitted, except under conditions stated. 6. Conditions under which Chinese laborers may return. 7. Identification of Chinese la borers claiming right to leave and re- turn; certificates; limitation of time for return; ports at which Chinese may enter. 8. Regulations, etc., to be prescribed by Secretary of Treasury. 9. Masters of vessels landing Chi- nese in contravention of act, punishable. 10. Masters of vessels in distress ex- cepted from foregoing section. 11. Altering name in or forging cer- tificate, or false personation of person named therein, punish- a ble. 12. Examination of Chinese passen- gers by collector; decision of collector; review by Secretary of Treasury. 13. Arrest and removal of Chinese unlawfully in United States. Sec. 14. Chinese diplomatic and consular officers excepted from preceding sections. 15. Repeal. Act Oct. 1, 1888, c. 1064. 1. Return to United States of Chi- nese laborers after departure therefrom, unlawful. 2. Certificates of identity not to be issued, and those issued void. 3. Duties, liabilities, penalties, and forfeitures under previous act extended. 4. Repeal. Act May 5, 1892, c. 60. 1. Laws prohibiting coming of Chi- nese continued. 2. Removal of Chinese not entitled to be or remain in United States. 3. Chinese person arrested must prove right to remain. 4. Chinese unlawfully in United States punishable. 5. Habeas corpus proceedings by Chinese denied landing; bail not allowed. 6. Certificates of residence; arrest and deportation of Chinese la- borers not having certificate. 7. Regulations, etc., to be prescribed by Secretary of Treasury. 8. Altering name in or forging cer- tificate, or false personation of person named therein, punish- able. 9. Fees of collectors of internal reve- nue. Act Nov. 3, 1893, c. 14. 1. [Amends Act May 5, 1892, c. 60, $ 6.] 2. "Laborer" and "merchant" de- fined; proof required for en- trance of merchant; deporta- tion; certificate of residence to contain photograph. Res. Dec. 7, 1893, No. 1. Fees for registration and certificates of residence. Convention Dec. 7, 1894. Preamble. 1. Coming of Chinese laborers to United States to be prohibited. 2. Preceding article not to apply to Secs. 2158-2160) 1283 Tit. 29—IMMIGRATION. Sec. return to United States of cer- tain laborers; certificates of right to return; limitation of time for return. 3. Classes of Chinese permitted to enter; privilege of transit of laborers. 4. Protection of Chinese in United States. 5. Registration of Chinese laborers in United States, and of citizens of United States in China. Sec. 6. Time convention to remain in force; notice of termination. Act March 3, 1901, c. 845. 1. Commissioner for hearing on ar rest of Chinese person unlawful- ly in United States. 2. Fees of commissioners in cases under Chinese exclusion laws. 3. Warrants of arrest for violations of Chinese exclusion laws. 4. Time of taking effect of act. Sec. 2158. Cooly-trade prohibited. No citizen of the United States, or foreigner coming into or residing within the same, shall, for himself or for any other person, either as master, factor, owner, or otherwise, build, equip, load, or other- wise prepare, any vessel, registered, enrolled, or licensed, in the United States, for the purpose of procuring from any port or place the sub- jects of China, Japan, or of any other oriental country, known as "coolies,” to be transported to any foreign port, or place, to be dis- posed of, or sold, or transferred, for any time, as servants or appren- tices, or to be held to service or labor. Act Feb. 19, 1862, c. 27, § 1, 12 Stat. 340. Act Feb. 9, 1869, c. 24, 15 Stat. 269. Violations of this section are punishable by Rev. St. $ 2161. Contracting to supply labor of coolies or others brought into the United States in violation of this section, or of any other section prohibiting the cooly trade, is punishable by Act March 3, 1875, c. 141, § 4, post, fol- lowing Rev. St. $ 2163. See, also, the various acts of Congress relating to the exclusion of Chinese la borers, set forth post, at the end of this Title, subchapter "Exclusion of Chinese." Sec. 2159. Vessels employed in cooly-trade shall be forfeited. If any vessel, belonging in whole or in part to a citizen of the United States, and registered, enrolled, or otherwise licensed therein, be employed in the “cooly-trade," so called, contrary to the provisions of the preceding section, such vessel, her tackle, apparel, furniture, and other appurtenances, shall be forfeited to the United States, and shall be liable to be seized, prosecuted, and condemned in any of the circuit courts or district courts of the United States for the district where the vessel may be found, seized, or carried. Act Feb. 19, 1862, c. 27, 8 1, 12 Stat. 340. Sec. 2160. Building vessels to engage in cooly-trade, how punished. Every person who so builds, fits out, equips, loads, or otherwise prepares, or who sends to sea, or navigates, as owner, master, factor, 1284 (Secs. 2161-2163 Tit. 29— IMMIGRATION. agent, or otherwise, any vessel, belonging in whole or in part to a citizen of the United States, or registered, enrolled, or licensed within the same, knowing or intending that such vessel is to be or may be employed in that trade, contrary to the provisions of section twenty- one hundred and fifty-eight, shall be liable to a fine not exceeding two thousand dollars, and be imprisoned not exceeding one year. Act Feb. 19, 1862, c. 27, § 2, 12 Stat. 340. Sec. 2161. Punishment for violation of section 2158. Every citizen of the United States who, contrary to the provisions of section twenty-one hundred and fifty-eight, takes on board of any vessel, or receives or transports any such subjects as are described in that section, for the purpose of disposing of them in any way as therein prohibited, shall be liable to a fine not exceeding two thousand dollars and be imprisoned not exceeding one year. Act Feb. 19, 1862, c. 27, § 3, 12 Stat. 340. Transporting subjects of China, Japan, etc., without their consent, for the purpose of holding them to service, is punishable by Act March 3, 1875, c. 141, $ 2, post, following Rev. St. § 2163. Holding or returning a person to peonage, or obstructing or preventing the enforcement of the provision relating thereto, is punishable by Rev. St. 88 5526, 5527. Bringing into the United States any person inveigled or forcibly kid- napped in any other country, with intent to hold such person in con- finement or to any involuntary service, or selling into involuntary servi- tude any person, or holding to involuntary servitude any person so sold or brought, is punishable by Act June 23, 1874, c. 464, post, following Rev. St. § 5525. Sec. 2162. This Title not to interfere with voluntary emigration. Nothing herein contained shall be deemed to apply to any volun- tary emigration of the subjects specified in section twenty-one hundred and fifty-eight, or to any vessel carrying such person as passenger on board the same, but a certificate shall be prepared and signed by the consul or consular agent of the United States residing at the port from which such vessel may take her departure, containing the name of such person, and setting forth the fact of his voluntary emigration from such port, which certificate shall be given to the master of such vessel; and the same shall not be given until such consul or consular agent is first personally satisfied by evidence of the truth of the facts therein contained. Act Feb. 19, 1862, c. 27, § 4, 12 Stat. 341. The consular certificate provided for by this section is not to be given when the immigrant is found to have entered into a contract or agreement for a term of service within the United States for lewd and immoral purposes, by Act March 3, 1875, c. 141, § 1, post, fol. lowing Rev. St. 8 2163. Sec. 2163. Examination of vessels. The President is empowered, in such way and at such time as he Sec. 2163) 1285 Tit. 29/IMMIGRATION, may judge proper, to direct the vessels of the United States, and the masters and commanders thereof, to examine all vessels navigated or owned in whole or in part by citizens of the United States, and registered, enrolled, or licensed under the laws thereof, whenever in the judgment of such master or commanding officer, reasonable cause exists to believe that such vessel has on board any subjects of China, Japan, or other oriental country, known as “coolies;" and, upon suffi- cient proof that such vessel is employed in violation of the preceding provisions, to cause her to be carried, with her officers and crew, into any port or district within the United States, and delivered to the mar- shal of such district, to be held and disposed of according to law. Act Feb. 19, 1862, c. 27, § 6, 12 Stat. 341. Provisions for exclusion of Chinese laborers, etc., are collected under the heading "Exclusion of Chinese," at the end of this Title. ACT MARCH 3, 1875, c. 141. An Act Supplementary to the Acts in Relation to Immigration. (18 Stat. 477.) Inquiry and certificate by consular officer. Be it enacted, &c., That in determining whether the immigration of any subject of China, Japan, or any Oriental country, to the United States, is free and voluntary, as provided by section two thousand one hundred and sixty-two of the Revised Code, title “Immigration," it shall be the duty of the consul-general or consul of the United States residing at the port from which it is proposed to convey such sub- jects, in any vessels enrolled or licensed in the United States, or any port within the same, before delivering to the masters of any such vessels the permit or certificate provided for in such section, to ascer- tain whether such immigrant has entered into a contract or agree- ment for a term of service within the United States, for lewd and im- moral purposes; and if there be such contract or agreement, the said consul-general or consul shall not deliver the required permit or cer- tificate. Act March 3, 1875, c. 141, § 1, 18 Stat. 477. Importation or immigration of women for purposes of prostitution is forbidden by sections 3 and 5 of this act and later provisions, set forth at the end of this Title, subchapter "Regulation and Restriction of Immigration in General." Involuntary transportation of Chinese, Japanese, etc., for purpose of holding to service, punishable; contracts void. Sec. 2. That if any citizen of the United States, or other person amenable to the laws of the United States, shall take, or cause to be taken or transported, to or from the United States any subject of China, Japan, or any Oriental country, without their free and voluntary consent, for the purpose of holding them to a term of service, such citi- zen or other person shall be liable to be indicted therefor, and, on conviction of such offense, shall be punished by a fine not exceeding two thousand dollars and be imprisoned not exceeding one year; and all contracts and agreements for a term of service of such persons in the United States, whether made in advance or in pursuance of such 1286 (Secs. 2163-2164 Tit. 29—IMMIGRATION. illegal importation, and whether such importation shall have been in American or other vessels, are hereby declared void. Act March 3, 1875, c. 141, $ 2, 18 Stat. 477. Sec. 3. [Relates to importation of women for prostitution.] This section prohibits and punishes the importation of women of all nationalities (see 7 Fed. 453) for purposes of prostitution, and is set forth, with other provisions relating to the same subject, at the end of this Title, under subchapter "Regulation and Restriction of Immigra- tion in General." Contracting to supply cooly labor punishable. Sec. 4. That if any person shall knowingly and willfully contract, or attempt to contract, in advance or in pursuance of such illegal importation, to supply to another the labor of cooly or other person brought into the United States in violation of section two thousand one hundred and fifty-eight of the Revised Statutes, or of any other section of the laws prohibiting the cooly-trade or of this act, such person shall be deemed guilty of a felony, and, upon conviction thereof, in any United States court, shall be fined in a suin not ex- ceeding five hundred dollars and imprisoned for a term not exceeding one year. Act March 3, 1875, c. 141, § 4, 18 Stat. 477. Sec. 5. [Relates to immigration of convicts and women imported for prostitution.] This section prohibits the immigration of convicts and of women im- ported for purposes of prostitution, and makes provision for their ex- clusion, and is set forth, with other provisions relating to the same subject, at the end of this Title, under subchapter"Regulation and Restriction of Immigration in General.” Sec. 2164. No charge upon particular persons immigrating, etc. No tax or charge shall be imposed or enforced by any State upon any person immigrating thereto from a foreign country, which is not equally imposed and enforced upon every person immigrating to such State from any other foreign country. Act May 31, 1870, c. 114, $ 16, 16 Stat. 144. [REGULATION AND RESTRICTION OF IMMIGRATION IN GENERAL.] ACT MARCH 3, 1875, c. 141, $$ 3, 5. Importation of women for prostitution forbidden; contracts void; punishment. Sec. 3. That the importation into the United States of women for the purposes of prostitution is hereby forbidden; and all contracts and agreements in relation thereto, made in advance or in pursuance of such illegal importation and purposes, are hereby declared void; and whoever shall knowingly and willfully import, or cause any impor- tation of, women into the United States for the purposes of prostitu- tion, or shall knowingly or willfully hold, or attempt to hold, any Sec. 2164) 1287 Tit. 29— IMMIGRATION. woman to such purposes, in pursuance of such illegal importation and contract or agreement, shall be deemed guilty of a felony, and, on "conviction thereof, shall be imprisoned not exceeding five years and pay a fine not exceeding five thousand dollars. Act March 3, 1875, c. 141, § 3, 18 Stat. 477. The immigration of convicts and of women imported for purposes of prostitution is prohibited, and provision made for the prevention thereof, by section 5 of this act, set forth below. The other sections of this act relate to the prohibition of the "cooly- trade," and are set forth above, following Rev. St. § 2163. Immigration of convicts and of women imported for prostitution un- lawful; inspection of vessels; forfeiture. Sec. 5. That it shall be unlawful for aliens of the following classes to immigrate into the United States, namely, persons who are under- going a sentence for conviction in their own country of felonious crimes other than political or growing out of or the result of such political offenses, or whose sentence has been remitted on condition of their emigration, and women "imported for the purposes of pros- titution.” Every vessel arriving in the United States may be inspected under the direction of the collector of the port at which it arrives, if he shall have reason to believe that any such obnoxious persons are on board; and the officer making such inspection shall certify the result thereof to the master or other person in charge of such vessel, designating in such certificate the person or persons, if any there be, ascertained by him to be of either of the classes whose importation is hereby forbidden. When such inspection is required by the col- ſector as aforesaid, it shall be unlawful, without his permission, for any alien to leave any such vessel arriving in the United States from a foreign country until the inspection shall have been had and the result certified as herein provided; and at no time thereafter shall any alien certified to by the inspecting officer as being of either of the classes whose immigration is forbidden by this section, be allowed to land in the United States, except in obedience to a judicial process issued pursuant to law. If any person shall feel aggrieved by the certificate of such inspecting officer stating him or her to be within either of the classes whose immigration is forbidden by this section, and shall apply for release or other remedy to any proper court or judge, then it shall be the duty of the collector at said port of entry to detain said vessel until a hearing and determination of the matter are had, to the end that if the said inspector shall be found to be in accordance with this section and sustained, the obnoxious person or persons shall be returned on board of said vessel, and shall not thereafter be permitted to land, unless the master, owner, or con- signee of the vessel shall give bond and security, to be approved by the court or judge hearing the cause, in the sum of five hundred dollars for each such person permitted to land, conditioned for the return of such person, within six months from the date thereof, to the country whence his or her emigration shall have taken place, or unless the vessel bringing such obnoxious person or persons shall be forfeited, in which event the proceeds of such forfeiture shall be paid over to the collector of the port of arrival, and applied by him, 1288 (Sec. 2164 Tit. 29/IMMIGRATION, as far as necessary, to the return of such person or persons to his or her own country within the said period of six months. And for all violations of this act, the vessel, by the acts, omissions, or connivance of the owners, master, or other custodian, or the consignees of which the same are committed, shall be liable to forfeiture, and may be proceeded against as in cases of frauds against the revenue laws, for which forfeiture is prescribed by existing law. Act March 3, 1875, c. 141, § 5, 18 Stat. 477. See note under section 3 of this act, set forth above. Further provisions against the immigration of convicts, etc., and for the return of foreign convicts to the countries whence they came, are set forth below. Any person bringing into or landing in the United States, by vessel or otherwise, any alien not lawfully entitled to enter, is punishable by a fine not exceeding $1,000, or by imprisonment not exceeding one year, or by both such fine and imprisonment, by Act March 3, 1891, c. 551, $ 6, set forth below. ACT AUG. 3, 1882, c. 376. An Act to Regulate Immigration. (22 Stat. 214.) Head-money duty on alien passengers from foreign ports; immigrant fund. Be it enacted, &c., That there shall be levied, collected, and paid a duty of fifty cents for each and every passenger not a citizen of the United States who shall come by steam or sail vessel from a foreign port to any port within the United States. The said duty shall be paid to the collector of customs of the port to which such passenger shall come, or if there be no collector at such port, then to the collector of customs nearest thereto, by the master, owner, agent, or consignee of every such vessel, within twenty-four hours after the entry thereof into such port. The money thus collected shall be paid into the United States Treasury, and shall constitute a fund to be called the immigrant fund, and shall be used, under the direc- tion of the Secretary of the Treasury, to defray the expense of regulating immigration under this act, and for the care of immigrants arriving in the United States, for the relief of such as are in distress, and for the general purposes and expenses of carrying this act into effect. The duty imposed by this section shall be a lien upon the vessels which shall bring such passengers into the United States, and shall be a debt in favor of the United States against the owner or owners of such vessels; and the payment of such duty may be enforced by any legal or equitable remedy. Provided, That no greater sum shall be expended for the purposes hereinbefore men- tioned, at any port, than shall have been collected at such port. Act Aug. 3, 1882, c. 376, § 1, 22 Stat. 214. The amount of the head-money duty is raised to $1 for each passenger, and the funds collected therefrom are to be covered into the Treasury, by Act Aug. 18, 1894, c. 301, § 1, set forth below. The provisions of this section shall not apply to passengers by vessels employed exclusively in the trade between the ports of the United States and the ports of the Dominion of Canada or the ports of Mexico, until said provisions shall be made applicable to passengers by land carriage, by Act June 26, 1884, c. 121, $ 22, set forth below. Sec. 2164) 1289 Tit. 29— IMMIGRATION. Execution of act by Secretary of Treasury; contracts with State offi- cers; examination into condition of immigrants; convicts, luna- tics, idiots, and persons who may become a public charge, not to be permitted to land. Sec. 2. That the Secretary of the Treasury is hereby charged with the duty of executing the provisions of this act and with supervision over the business of immigration to the United States, and for that purpose he shall have power to enter into contracts with such State commission, board, or officers as may be designated for that purpose by the governor of any State to take charge of the local affairs of immigration in the ports within said State, and to provide for the support and relief of such immigrants therein landing as may fall into distress or need public aid, under the rules and regulations to be prescribed by said Secretary; and it shall be the duty of such State commission, board, or officers so designated to examine into the condition of passengers arriving at the ports within such State in any ship or vessel, and for that purpose all or any of such commissioners or officers, or such other person or persons as they shall appoint, shall be authorized to go on board of and through any such ship or vessel; and if on such examination there shall be found among such passengers any convict, lunatic, idiot, or any person unable to take care of himself or herself without becoming a public charge, they shall report the same in writing to the collector of such port, and such persons shall not be permitted to land. Act Aug. 3, 1882, c. 376, $ 2, 22 Stat. 214. Similar provisions for enforcement of Act Feb. 26, 1885, c. 164, are contained in section 6 of that act, added thereto by amendment by Act Feb. 23, 1887, c. 220, as set forth below. Regulations, etc., to be prescribed by Secretary of Treasury. Sec. 3. That the Secretary of the Treasury shall establish such regulations and rules and issue from time to time such instructions not inconsistent with law as he shall deem best calculated to protect the United States and immigrants into the United States from fraud and loss, and for carrying out the provisions of this act and the immigration laws of the United States; and he shall prescribe all forms of bonds, entries, and other papers to be used under and in the enforcement of the various provisions of this act. Act Aug. 3, 1882, c. 376, § 3, 22 Stat. 214. Return of foreign convicts. Sec. 4. That all foreign convicts except those convicted of political offenses, upon arrival, shall be sent back to the nations to which they belong and from whence they came. The Secretary of the Treasury may designate the State board of charities of any State in which such board shall exist by law, or any commission in any State, or any person or persons in any state whose duty it shall be to execute the provisions of this section without compensation. The Secretary of the Treasury shall prescribe regulations for the return of the aforesaid persons to the countries from whence they came, and shall furnish instructions to the board, commission, or persons charged with the execution of the provisions of this section as to the mode of procedure in respect thereto, and may change such 1290 (Sec. 2164 Tit. 29—IMMIGRATION. instructions from time to time. The expense of such return of the aforesaid persons not permitted to land shall be borne by the owners of the vessels in which they came. Act Aug. 3, 1882, c. 376, § 4, 22 Stat. 214. Time of taking effect of act. Sec. 5. That this act shall take effect immediately. Act Aug. 3, 1882, c. 376, § 5, 22 Stat. 215. ACT JUNE 26, 1884, c. 121, $ 22. Passengers by vessels between United States and Canada or Mexico exempted from head-money duty. That until the provisions of section one, chapter three hundred and seventy-six, of the laws of eighteen hundred and eighty-two, shall be made applicable to passengers coming into the United States by land carriage, said provisions shall not apply to passengers coming by vessels employed exclusively in the trade between the ports of the United States and the ports of the Dominion of Canada or the ports of Mexico. Act June 26, 1884, c. 121, $ 22, 23 Stat. 58. This section is a part of the act to remove burdens on the American merchant marine, etc., cited above. Other sections are set forth as referred to post, following Rev. St. § 4219. Section 30 thereof provided that the act should take effect July 1, 1884, and repealed all inconsistent acts and parts of acts. ACT FEB. 26, 1885, c. 164. [As amended 1887, 1891, 1893.] An Act to Prohibit the Importation and Migration of Foreigners and Aliens under Contract or Agreement to Perform Labor in the United States, its Territories, and the District of Columbia. (23 Stat. 332.) Prepaying transportation, assisting, etc., importation or migration, of aliens or foreigners under contract to perform labor or service in the United States, unlawful. Be it enacted, &c., That from and after the passage of this act it shall be unlawful for any person, company, partnership, or corpo- ration, in any manner whatsoever, to prepay the transportation, or in any way assist or encourage the importation or migration of any alien or aliens, any foreigner or foreigners, into the United States, its Territories, or the District of Columbia, under contract or agreement, parol or special, express or implied, made previous to the importation or migration of such alien or aliens, foreigner or foreigners, to perform labor or service of any kind in the United States, its Territories, or the District of Columbia. Act Feb. 26, 1885, c. 164, § 1, 23 Stat. 332. Contracts for labor or service of aliens, made previous to migration or importation, void. Sec. 2. That all contracts or agreements, express or implied, paro, or special, which may hereafter be made by and between any personl company, partnership, or corporation, and any foreigner or foreign- ers, alien or aliens, to perform labor or service or having reference Sec. 2164) 1291 Tit. 29— IMMIGRATION. to the performance of labor or service by any person in the United States, its Territories, or the District of Columbia previous to the migration or importation of the person or persons whose labor or service is contracted for into the United States, shall be utterly void and of no effect, Act Feb. 26, 1885, c. 164, $ 2, 23 Stat. 332. Penalty for violation of act. Sec. 3. That for every violation of any of the provisions of section one of this act the person, partnership, company, or corporation violating the same, by knowingly assisting, encouraging or soliciting the migration or importation of any alien or aliens, foreigner or foreigners, into the United States, its Territories, or the District of Columbia, to perform labor or service of any kind under contract or agreement, express or implied, parol or special, with such alien or aliens, foreigner or foreigners, previous to becoming residents or citizens of the United States, shall forfeit and pay for every such offence the sum of one thousand dollars, which may be sued for and recovered by the United States or by any person who shall first bring his action therefor including any such alien or foreigner who may be a party to any such contract or agreement, as debts of like amount are now recovered in the circuit courts of the United States; the pro- ceeds to be paid into the Treasury of the United States; and separate suits may be brought for each alien or foreigner being a party to such contract or agreement aforesaid. And it shall be the duty of the district attorney of the proper district to prosecute every such suit at the expense of the United States. Act Feb. 26, 1885, c. 164, § 3, 23 Stat. 333. Suits or proceedings brought under the provisions of this section can. not be settled, compromised, or discontinued without the consent of the court, entered of record, with reasons therefor, by Act March 3, 1891, c. 551, § 2, set forth below. Payment to an informer of a share of the penalties recovered for violation of the law is authorized by a provision amending this act, contained in Act Oct. 19, 1888, c. 1210, set forth below. Soliciting or encouraging immigration, except in certain prescribed ways, is made unlawful by Act March 3, 1891, c. 551, § 4, set forth below; and persons soliciting or encouraging immigration in violation of the provisions of said section are made subject to the penalties pre- scribed by this section. Any person bringing into or landing in the United States, by vessel or otherwise, any alien not lawfully entitled to enter, is punishable by a fine not exceeding $1,000, or by imprisonment for a term not exceeding one year, or by both such fine and imprisonment, by Act March 3, 1891, c. 551, § 6, set forth below. Master of vessel knowingly bringing into United States aliens under contract to perform labor, punishable. Sec. 4. That the master of any vessel who shall knowingly bring within the United States on any such vessel, and land, or permit to be landed, from any foreign port or place, any alien laborer, mechanic, or artisan who, previous to embarkation on such vessel, had entered into contract or agreement, parol or special, express or implied, to perform labor or service in the United States, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a 1292 (Sec. 2164 Tit. 29-IMMIGRATION. fine of not more than five hundred dollars for each and every such alien laborer, mechanic or artisan so brought as aforesaid, and may also be imprisoned for a term not exceeding six months. Act Feb. 26, 1885, c. 164, § 4, 23 Stat. 333. Persons exempted from application of act. Sec. 5. That nothing in this act shall be so construed as to prevent: any citizen or subject of any foreign country temporarily residing in the United States, either in private or official capacity, from engaging, under contract or otherwise, persons not residents or citizens of the United States to act as private secretaries, servants, or domestics for such foreigner temporarily residing in the United States as afore- said; nor shall this act be so construed as to prevent any person, or persons, partnership, or corporation from engaging, under contract or agreement, skilled workman in foreign countries to perform labor in the United States in or upon any new industry not at present established in the United States: Provided, That skilled labor for that purpose can not be otherwise obtained; nor shall the provisions of this act apply to professional actors, artists, lecturers, or singers, nor to persons employed strictly as personal or domestic servants : nor to ministers of any religious denomination, nor persons belonging to any recognized profession, nor professors for colleges and semi- naries: Provided, That nothing in this act shall be construed as prohibiting any individual from assisting any member of his family to migrate from any foreign country to the United States, for the purpose of settlement here. Act Feb. 26, 1885, c. 164, § 5, 23 Stat. 333. Act March 3, 1891, c. 551, § 5, 26 Stat. 1085. Act March 3, 1893, c. 206, S6, 27 Stat. 570. This section was amended by Act March 3, 1891, c. 551, § 5, cited above, which provided that it should be amended by adding to the second proviso in said section the words "nor to ministers of any religious denomination, nor persons belonging to any recognized pro- fession, nor professors for colleges and seminaries," and by excluding from the second proviso the words "or any relative or personal friend." It was obviously the intention that the addition should be made to the first proviso, instead of to the second; and, to correct this error, Act March 3, 1893, c. 206, $ 6, set forth below, provided that section 5 of said Act March 3, 1891, c. 551, should be amended by striking out the words "second proviso," and inserting the words "first proviso" in their place. Execution of act by Secretary of Treasury; contracts with State offi- cers; examination into condition of immigrants; prohibited per- sons not to be permitted to land. Sec. 6. That the Secretary of the Treasury is hereby charged with the duty of executing the provisions of this act, and for that purpose he shall have power to enter into contracts with such State Commission, board, or officers as may be designated for that purpose by the Governor of any State to take charge of the local affairs of immigration in the ports within said State, under the rules and regulations to be prescribed by said Secretary; and it shall be the duty of such State Commission, board, or officers so designated to examine into the condition of passengers arriving at the ports within such State in any ship or vessel, and for that purpose all or any of Sec. 2164) 1293 Tit. 29—IMMIGRATION. such commissioners or officers, or such other person or persons as they shall appoint, shall be authorized to go on board of and through any such ship or vessel; and if in such examination there shall be found among such passengers any person included in the prohibition in this act, they shall report the same in writing to the collector of such port, and such persons shall not be permitted to land. Act Feb. 23, 1887, c. 220, $ 6, 24 Stat. 415. This section and sections 7-10, next following, are added to Act Feb. 26, 1885, c. 164, by amendment by Act Feb. 23, 1887, c. 220, cited above. Section 6 of the original act was the last section thereof, and contained a general repealing clause, which is superseded by section 9, added by amendment. Similar provisions for enforcement of Act Aug. 3, 1882, c. 376, are contained in section 2 of that act, set forth above. Regulations, etc., to be prescribed by Secretary of Treasury. Sec. 7. That the Secretary of the Treasury shall establish such regulations and rules, and issue from time to time such instructions, not inconsistent with law, as he shall deem best calculated for carry- ing out the provisions of this act; and he shall prescribe all forms of bonds, entries, and other papers to be used under and in the enforce- ment of the various provisions of this act. Act Feb. 23, 1887, c. 220, § 7, 24 Stat. 415. See note under preceding section. Return of prohibited persons. Sec. 8. That all persons included in the prohibition in this act, upon arrival, shall be sent back to the nations to which they belong and from whence they came. The Secretary of the Treasury may designate the State board of charities of any State in which such board shall exist by law, or any commission in any State, or any person or persons in any State, whose duty it shall be to execute the provisions of this section and shall be entitled to reasonable com- pensation therefor to be fixed by regulation prescribed by the Secre- tary of the Treasury. The Secretary of the Treasury shall prescribe regulations for the return of the aforesaid persons to the countries from whence they came, and shall furnish instructions to the board, commission, or persons charged with the execution of the provisions of this section as to the time of procedure in respect thereto, and may change such instructions from time to time. The expense of such return of the aforesaid persons not permitted to land shall be borne by the owners of the vessels in which they came. vessel refusing to pay such expenses shall not thereafter be permitted to land at or clear from any port of the United States. And such expenses shall be a lien on said vessel. * * [Part of section omitted. Makes appropriation.] * Act Feb. 23, 1887, c. 220, 8 8, 24 Stat. 415. The return of persons illegally landed, to the country whence they came, is authorized by a provision amending this act, contained in Act Oct. 19, 1888, c. 1210, set forth below. Repeal. Sec. 9. That all acts and parts of acts inconsistent with this act are hereby repealed. Act Feb. 23, 1887, c. 220, § 9, 24 Stat. 415. And any 1294 (Sec. 2164 Tit. 29-IMMIGRATION. Time of taking effect of act. Sec. 10. That this act shall take effect at the expiration of thirty days after its passage. Act Feb. 23, 1887, c. 220, $ 10, 24 Stat. 415. ACT OCT. 19, 1888, c. 1210, $ 1. Return of immigrants landed unlawfully; payment to informer of share of penalty. That the act approved February twenty-third, February twenty-third, eighteen hundred and eighty-seven, entitled “An act to amend an act to prohibit the importation and immigration of foreigners and aliens under contract or agreement to perform labor in the United States, its Territories, and the District of Columbia,” be, and the same is hereby, so amended as to authorize the Secretary of the Treasury, in case he shall be satisfied that an immigrant has been allowed to land contrary to the prohibition of that law, to cause such immigrant within the period of one year after landing or entry, to be taken into custody and returned to the country from whence he came, at the experise of the owner of the importing vessel, or, if he entered from an adjoining country, at the expense of the person previously contracting for the services. That the act approved February twenty-sixth, eighteen hundred and eighty-five, entitled “An act to prohibit the importation and migration of foreigners and aliens under contract or agreement to perform labor in the United States, its Territories, and the District of Columbia,” be, and the same is hereby, amended so as to author- ize the Secretary of the Treasury to pay to an informer who furnishes original information that the law has been violated such a share of the penalties recovered as he may deem reasonable and just, not exceeding fifty per centum, where it appears that the recovery was had in consequence of the information thus furnished. Act Oct. 19, 1888, c. 1210, § 1, 25 Stat. 566. These are provisions of the deficiency appropriation act for the fiscal year ending June 30, 1888, and prior years, cited above. The acts referred to and amended in these provisions are set forth above. Further provisions for return of aliens unlawfully in the United States, after arrival, are contained in Act March 3, 1891, c. 551, $ 11, set forth below. ACT MARCH 3, 1891, c. 551. An Act in Amendment to the Various Acts Relative to Immigra- tion and the Importation of Aliens under Contract or Agreement to Perform Labor. (26 Stat. 1084.) Classes of aliens excluded. Be it enacted, &c., That the following classes of aliens shall be excluded from admission into the United States, in accordance with the existing acts regulating immigration, other than those concerning Chinese laborers: All idiots, insane persons, paupers or persons likely to become a public charge, persons suffering from a loathsome Sec. 2164) 1295 Tit. 29% IMMIGRATION. or a dangerous contagious disease, persons who have been convicted of a felony or other infamous crime or misdemeanor involving moral a turpitude, polygamists, and also any person whose ticket or passage is paid for with the money of another or who is assisted by others to come, unless it is affirmatively and satisfactorily shown on special inquiry that such person does not belong to one of the foregoing excluded classes, or to the class of contract laborers excluded by the act of February twenty-sixth, eighteen hundred and eighty-five, but this section shall not be held to exclude persons living in the United States from sending for a relative or friend who is not of the excluded classes under such regulations as the Secretary of the Treasury may prescribe: Provided, That nothing in this act shall be construed to apply to or exclude persons convicted of a political offense, notwithstanding said political offense may be designated as a “felony, crime, infamous crime, or misdemeanor, involving moral turpitude” by the laws of the land whence he came or by the court convicting Act March 3, 1891, c. 551, § 1, 26 Stat. 1084. The previously existing acts regulating immigration, including Act Feb. 26, 1885, c. 164, referred to in this section, are set forth above. Provisions similar to those of this section relating to persons whose ticket or passage is paid for with the money of another, or who are assisted by others to come, are contained in Act Feb. 26, 1885, c. 164, amended by later acts, as set forth above. The immigration of aliens who are undergoing a sentence for convic- tion in their own country of felonious crimes, other than political, or growing out of or the result of such political offenses, or whose sen- tence has been commuted on condition of their immigration, is unlawful, by Act March 3, 1875, c. 141, § 5, set forth above. Foreign convicts, except those convicted of political offenses, are to be sent back, upon their arrival, to the nations to which they belong. and from whence they came, by Act Aug. 3, 1882, c. 376, § 4, set forth above. Provisions relating to bonds of indemnity against aliens becoming public charges are contained in Act March 3, 1893, c. 206, 87, set forth below. The President is empowered to prohibit the introduction of persons or property from foreign countries, whenever he is satisfied that there is serious danger of the introduction of infectious or contagious diseases from such countries, by Act Feb. 15, 1893, c. 114, § 7, post, under Title LVIII, "The Public Health.” Compromise of suits for violations of Act Feb. 26, 1885, c. 164. Sec. 2. That no suit or proceeding for violations of said act of February twenty-sixth, eighteen hundred and eighty-five, prohibit- ing the importation and migration of foreigners under contractor agreement to perform labor, shall be settled, compromised, or dis- continued without the consent of the court entered of record with reasons therefor. Act March 3, 1891, c. 551, § 2, 26 Stat. 1084. Act Feb. 26, 1885, c. 164, mentioned in this section is set forth above. Advertisements, etc., promising employment to alien immigrants. Sec. 3. That it shall be deemed a violation of said act of February twenty-sixth, eighteen hundred and eighty-five, to assist or encourage 1296 (Sec. 2164 Tit. 29—IMMIGRATION. the importation or migration of any alien by promise of employment through advertisements printed and published in any foreign country; and any alien coming to this country in consequence of such án advertisement shall be treated as coming under a contract as con- templated by such act; and the penalties by said act imposed shall be applicable in such a case: Provided This section shall not apply to States and Immigration Bureaus of States advertising the induce- ments they offer for immigration to such States. Act March 3, 1891, c. 551, § 3, 26 Stat. 1084. Act Feb. 26, 1885, c. 164, referred to in this section, is set forth above. Soliciting immigration forbidden; penalties. Sec. 4. That no steamship or transportation company or owners of vessels shall directly, or through agents, either by writing, print- ing, or oral representations, solicit, invite or encourage the immi- gration of any alien into the United States, except by ordinary com- mercial letters, circulars, advertisements, or oral representations, stating the sailings of their vessels and the terms and facilities of transportation therein; and for a violation of this provision any such steamship or transportation company and any such owners of vessels, and the agents by them employed, shall be subjected to the penalties imposed by the third section of said act of February twenty-sixth, eighteen hundred and eighty-five, for violations of the provision of the first section of said act. Act March 3, 1891, c. 551, $4, 26 Stat. 1084. Act Feb. 26, 1885, c. 164, $ 3, referred to in this section, is set forth above. Sec. 5. [Amends Act Feb. 26, 1885, C. 164, $ 5.] The amendment by this section of Act Feb. 26, 1885, c. 164, § 5, and the further amendment of this section by Act March 3, 1893, c. 206, § 6, so as to correct an error made therein, are incorporated in said Act Feb. 26, 1885, c. 164, § 5, as set forth above. See note under that section. Bringing into or landing in United States aliens not entitled to enter, punishable. Sec. 6. That any person who shall bring into or land in the United States by vessel or otherwise, or who shall aid to bring into or land in the United States by vessel or otherwise, any alien not lawfully entitled to enter the United States shall be deemed guilty of a mis- demeanor, and shall, on conviction, be punished by a fine not a exceeding one thousand dollars or by imprisonment for a term not exceeding one year, or by both such fine and imprisonment. Act March 3, 1891, c. 551, $ 6, 26 Stat. 1085. The importation into the United States of women for purposes of prostitution is punishable by imprisonment for a term not exceeding five years, and by a fine of not exceeding $5,000, by Act March 3, 1875, c. 141, § 3, set forth above. Vessels bringing cooly laborers, women for purposes of prostitution, and alien convicts, into the United States, are liable to forfeiture by Act March 3, 1875, c. 141, § 5, set forth above. For violations of Act Feb. 26, 1885, c. 164, prohibiting the importation of aliens under contract to perform labor or service in the United States, Sec. 2164) 1297 Tit. 29– IMMIGRATION. a forfeiture of $1,000 for every offense is imposed by section 3 of that act, set forth above. The master of any vessel knowingly bringing into the United States any alien under contract to perform labor or service in the United States is punishable by a fine of not more than $500 for each and every alien so brought, and may also be imprisoned for a term not exceeding six months, by Act Feb. 26, 1885, c. 161, § 4, set forth above. Superintendent of Immigration; salary; duties; office; clerks. Sec. 7. That the office of superintendent of immigration is hereby created and established, and the President, by and with the advice and consent of the Senate, is authorized and directed to appoint such officer, whose salary shall be four thousand dollars per annum, payable monthly. The superintendent of immigration shall be an officer in the Treasury Department, under the control and supervision of the Secretary of the Treasury, to whom he shall make annual reports in writing of the transactions of his office, together with such special reports, in writing, as the Secretary of the Treasury shall require. The Secretary shall provide the superintendent with a suit- able furnished office in the city of Washington, and with such books of record and facilities for the discharge of the duties of his office as may be necessary. He shall have a chief clerk, at a salary of two thousand dollars per annum, and two first-class clerks. Act March 3, 1891, c. 551, 87, 26 Stat. 1085. The Secretary of the Treasury is charged with the duty of executing the provisions of the act imposing a head-money tax on alien immi- grants entering the United States, and with supervision over the busi- ness of immigration to the United States, by Act Aug. 3, 1882, c. 376, § 2, set forth above. He is also required to establish such rules and regulations, and from time to time to issue such instructions, as he shall deem best calculated to protect the United States and immi- grants from fraud and loss, and for carrying out the provisions of the alien immigrants' head-money tax act, and the immigration laws of the United States; and he is required to prescribe all forms of bonds, entries, and other papers to be used under and in the performance of the various provisions of said head-money tax act, by section 3 of the same act, set forth above. He is also required to prescribe regula- tions for the return of foreign convicts, and is authorized to designate certain state officials to enforce the law with regard thereto, by section 4 of said act, set forth above. The Secretary of the Treasury is charged with the duty of executing the provisions of the act prohibiting the immigration of aliens under contract to perform labor or service in the United States, and he is authorized to enter into contracts with certain state officials, desig- nated to take charge of local immigration affairs, by Act Feb. 26, 1885, c. 164, § 6, as amended by Act Feb. 23, 1887, c. 220, set forth above. He is also required to establish such rules and regulations and issue such instructions as he shall deem best calculated for carrying out the provisions of the act prohibiting the immigration of aliens under contract to perform labor or service in the United States, by Act Feb. 26, 1885, c. 164, § 7, as amended by Act Feb. 23, 1887, c. 220, set forth above. The superintendent of immigration is required to grant authority to receive bonds or guaranties against aliens becoming public charges, before such bonds or guaranties can be accepted, by Act March 3, 1893, c. 206, § 7, set forth below. The title of superintendent of immigration is changed to commissioner general of immigration by 'Act March 2, 1895, c. 177, § 1, set forth LAWS '01-92 1298 (Sec. 2164 Tit. 29— IMMIGRATION. below. The salary remains the same; but in addition to the chief clerk provided for by this section, and in lieu of the two first-class clerks, said section provides for a confidential clerk, a statistician and stenographer, a messenger, and an assistant messenger, to be paid from the permanent appropriation for expenses regulating immigration. The commissioner general is also charged with the enforcement of the alien contract labor laws by said act. By Act June 6, 1900, c. 791, $ 1, set forth below, he is charged with the enforcement of the Chinese exclusion law, and of the various acts regulating immigration, under the supervision and direction of the Secretary of the Treasury. Inspection of immigrants upon arrival; officers permitting landing without inspection punishable. Sec. 8. That upon the arrival by water at any place within the United States of any alien immigrants it shall be the duty of the commanding officer and the agents of the steam or sailing vessel by which they came to report the name, nationality, last residence, and destination of every such alien, before any of them are landed, to the proper inspection officers, who shall thereupon go or send com- petent assistants on board such vessel and there inspect all such aliens, or the inspection officers may order a temporary removal of such aliens for examination at a designated time and place, and then and there detain them until a thorough inspection is made. But such removal shall not be considered a landing during the pendency of such examination. The medical examination shall be made by surgeons of the Marine Hospital Service. In cases where the serv- ices of a Marine Hospital Surgeon can not be obtained without causing unreasonable delay the inspector may cause an alien to be examined by a civil surgeon and the Secretary of the Treasury shall fix the compensation for such examination. The inspection officers and their assistants shall have power to administer oaths, and to take and consider testimony touching the right of any such aliens to enter the United States, all of which shall be entered of record. During such inspection after temporary removal the superintendent shall cause such aliens to be properly housed, fed, and cared for, , and also, in his discretion, such as are delayed in proceeding to their destination after inspection. All decisions made by the inspection officers or their assistants touching the right of any alien to land, when adverse to such right, shall be final unless appeal be taken to the superintendent of immigration, whose action shall be subject to review by the Secretary of the Treasury. It shall be the duty of the aforesaid officers and agents of such vessel to adopt due pre- cautions to prevent the landing of any alien immigrant at any place or time other than that designated by the inspection officers, and any such officer or agent or person in charge of such vessel who shall either knowingly or negligently land or permit to land any alien immigrant at any place or time other than that designated by the inspection officers, shall be deemed guilty of a misdemeanor and punished by a fine not exceeding one thousand dollars, or by imprison- ment for a term not exceeding one year, or by both such fine and imprisonment. That the Secretary of the Treasury may prescribe rules for inspec- tion along the borders of Canada, British Columbia, and Mexico so Sec. 2164) 1299 Tit. 29—IMMIGRATION. as not to obstruct or unnecessarily delay, impede, or annoy passen- gers in ordinary travel between said countries: Provided, "That not exceeding one inspector shall be appointed for each customs district, and whose salary shall not exceed twelve hundred dollars per year. All duties imposed and powers conferred by the second section of the act of August third, eighteen hundred and eighty-two, upon State commissioners, boards, or officers acting under contract with , the Secretary of the Treasury shall be performed and exercised, as occasion may arise, by the inspection officers of the United States. Act March 3, 1891, c. 551, § 8, 26 Stat. 1085. This section is amended by Act March 3, 1893, c. 206, § 6, set forth below, by providing that the medical examination of arriving immigrants may be made by regular medical officers of the marine- hospital service, detailed therefor by the Secretary of the Treasury, and that civil surgeons shall only be employed from time to time for specific emergencies. The decisions of the inspectors authorized to hold special inquiries by Act March 3, 1893, c. 206, § 5, set forth below, are appealable to the superintendent of immigration, and his decisions are reviewable by the Secretary of the Treasury, by said section. Decisions excluding aliens made by the appropriate immigration or customs officers are final, unless reversed on appeal to the Secretary of the Treasury, by Act Aug. 18, 1894, c. 301, § 1, set forth below. Jurisdiction of state officers and courts over immigrant stations. Sec. 9. That for the preservation of the peace and in order that arrests may be made for crimes under the laws of the States where the various United States immigrant stations are located, the officials in charge of such stations as occasion may require shall admit therein the proper State and municipal officers charged with the enforce- ment of such laws, and for the purposes of this section the jurisdic- tion of such officers and of the local courts shall extend over such 'stations. Act March 3, 1891, c. 551, § 9, 26 Stat. 1086. Deportation of immigrants coming unlawfully; cost of maintenance and return; refusal to receive back or to pay cost punishable. Sec. 1o. That all aliens who may unlawfully come to the United States shall, if practicable, be immediately sent back on the vessel by which they were brought in. The cost of their maintenance while on land, as well as the expense of the return of such aliens, shall be borne by the owner or owners of the vessel on which such aliens came; and if any master, agent, consignee, or owner of suci vessel shall refuse to receive back on board the vessel such aliens, or shall neglect to detain them thereon, or shall refuse or neglect to return them to the port from which they came, or to pay the cost of their maintenance while on land, such master, agent, consignee, or owner shall be deemed guilty of a misdemeanor, and shall be punished by a fine not less than three hundred dollars for each and every offense; and any such vessel shall not have clearance from any port of the United States while any such fine is unpaid. Act March 3, 1891, c. 551, § 10, 26 Stat. 1086. Deportation of alien unlawfully in United States, or becoming a public charge after arrival. Sec. II. That any alien who shall come into the United States in 1300 (Sec. 2164 Tit. 29-IMMIGRATION. violation of law may be returned as by law provided, at any time within one year thereafter, at the expense of the person or persons, vessel, transportation company, or corporation bringing such alien into the United States, and if that can not be done, then at the ex- pense of the United States; and any alien who becomes a public charge within one year after his arrival in the United States from causes existing prior to his landing therein shall be deemed to have come in violation of law and shall be returned as aforesaid. Act March 3, 1891, c. 551, § 11, 26 Stat. 1086. Previous provisions for the return of immigrants allowed to land contrary to Act Feb. 26, 1885, c. 164, as amended by Act Feb. 23, 1887, c. 220, are contained in Act Oct. 19, 1888, c. 1210, set forth above. Sec. 12. [Relates to pending causes.] Jurisdiction of courts; time of taking effect of act. Sec. 13. That the circuit and district courts of the United States are hereby invested with full and concurrent jurisdiction of all causes, civil and criminal, arising under any of the provisions of this act; and this act shall go into effect on the first day of April, eighteen hundred and ninety-one. Act March 3, 1891, c. 551, § 13, 26 Stat. 1086. ACT MARCH 3, 1893, c. 206. An Act to Facilitate the Enforcement of the Immigration and Contract Labor Laws of the United States. (27 Stat. 569.) Lists of alien immigrants to be delivered by masters of vessels; con- tents. Be it enacted, &c., That, in addition to conforming to all present requirements of law, upon the arrival of any alien immigrants by water at any port within the United States, it shall be the duty of the master er commanding officer of the steamer or sailing vessel having said immigrants on board to deliver to the proper inspector of immigra- tion at the port lists or manifests made at the time and place of embarkation of such alien immigrants on board such steamer or ves- sel, which shall, in answer to questions at the top of said lists, state as to each immigrant the full name, age, and sex, whether married or single; the calling or occupation; whether able to read or write; the nationality; the last residence; the seaport for landing in the United States; the final destination, if any, beyond the seaport of landing; whether having a ticket through to such final destination; whether the immigrant has paid his own passage or whether it has been paid by other persons or by any corporation, society, munici- pality, or government; whether in possession of money, and if so, whether upwards of thirty dollars and how much if thirty dollars or less; whether going to join a relative, and if so, what relative and his name and address; whether ever before in the United States, and if so, when and where; whether ever in prison or almshouse or sup- ported by charity; whether a polygamist; whether under contract, express or implied, to perform labor in the United States; and what Sec. 2164) 1301 Tit. 29—IMMIGRATION. is the immigrant's condition of health mentally and physically, and whether deformed or crippled, and if so, from what cause. Act March 3, 1893, c. 206, § 1, 27 Stat. 569. Grouping of immigrants in lists; identification tickets; verification of lists by officer of vessel. Sec. 2. That the immigrants shall be listed in convenient groups and no one list or manifest shall contain more than thirty names. To each immigrant or head of a family shall be given a ticket on which shall be written his name, a number or letter designating the list, and his number on the list, for convenience of identification on arrival. Each list or manifest shall be verified by the signature and the oath or affirmation of the master or commanding officer or of the officer first or second below him in command, taken before the United States consul or consular agent at the port of departure, before the sailing of said vessel, to the effect that he has made a personal examination of each and all of the passengers named therein, and that he has caused the surgeon of said vessel sailing therewith to make a physical examination of each of said passengers, and that from his personal inspection and the report of said surgeon he believes that no one of said passengers is an idiot or insane person, or a pauper or likely to become a public charge, or suffering from a loathsome or dangerous contagious disease, or a person who has been convicted of a felony or other infamous crime or misdemeanor involving moral turpitude, or a polygamist, or under a contract or agreement, express or implied, to perform labor in the United States, and that also, according to the best of his knowledge and belief, the information in said list or manifest concerning each of said passengers named therein is correct and true. Act March 3, 1893, c. 206, § 2, 27 Stat. 569. Verification of lists by surgeon of vessel. Sec. 3. That the surgeon of said vessel sailing therewith shall also sign each of said lists or manifests before the departure of said vessel, and make oath or affirmation in like manner before said consul or consular agent, stating his professional experience and qualifications as a physician and surgeon, and that he has made a personal exam- ination of each of the passengers named therein and that said list or manifest, according to the best of his knowledge and belief, is full, correct, and true in all particulars relative to the mental and physical condition of said passengers. If no surgeon sails with any vessel bringing alien immigrants, the mental and physical examinations and the verifications of the lists or manifests may be made by some com- petent surgeon employed by the owners of the vessel. Act March 3, 1893, c. 206, § 3, 27 Stat. 569. Failure to furnish lists of immigrants; penalty. Sec. 4. That in the case of the failure of said master or commanding officer of said vessel to deliver to the said inspector of inmigration lists or manifests, verified as aforesaid, containing the information above required as to all alien immigrants on board, there shall be paid to the collector of customs at the port of arrival the sum of ten 1302 (Sec. 2164 Tit. 29—IMMIGRATION. dollars for each immigrant qualified to enter the United States con- cerning whom the above information is not contained in any list as aforesaid, or said immigrant shall not be permitted so to enter the United States, but shall be returned like other excluded persons. Act March 3, 1893, c. 206, § 4, 27 Stat. 570. Detention of immigrants for special inquiry; conduct of inquiries; decisions thereon; appeals; review by Secretary of Treasury. Sec. 5. That it shall be the duty of every inspector of arriving alien immigrants to detain for a special inquiry, under section one of the immigration act of March third, eighteen hundred and ninety-one, every person who may not appear to him to be clearly and beyond doubt entitled to admission, and all special inquiries shall be conducted by not less than four officials acting as inspectors, to be designated in writing by the Secretary of the Treasury or the superintendent of immigration, for conducting special inquiries; and no immigrant shall be admitted upon special inquiry except after a favorable decisions made by at least three of said inspectors; and any decision to admit shall be subject to appeal by any dissenting inspector to the superin- tendent of immigration, whose action shall be subject to review by the Secretary of the Treasury, as provided in section eight of said immigration act of March third, eighteen hundred and ninety-one. Act March 3, 1893, c. 206, § 5, 27 Stat. 570. Act March 3, 1891, c. 551, § 1, referred to in this section, is set forth above. Decisions excluding aliens made by the appropriate immigration or customs officials are final, unless reversed on appeal to the Secretary of the Treasury, by Act Aug. 18, 1894, c. 301, § 1, set forth below. Amendment of Act March 3, 1891, c. 551, SS 5, 8. Sec. 6. That section 5 of the act of March third, eighteen hundred and ninety-one, “in amendment of the various acts relative to immi- gration and the importation of aliens under contract or agreement to perform labor," is hereby amended by striking out the words "sec- ond proviso” where they first occur in said section and inserting the words "first proviso” in their place; and section eight of said act is hereby so amended that the medical examinations of arriving immi- grants to be made by surgeons of the Marine-Hospital Service may be made by any regular medical officers of such Marine-Hospital Service detailed therefor by the Secretary of the Treasury; and civil surgeons shall only be employed temporarily from time to time for specific emergencies. Act March 3, 1893, c. 206, § 6, 27 Stat. 570. Act March 3, 1891, c. 551, § 5, referred to in this section, amends Act Feb. 26, 1885, c. 164, § 5, set forth above, in which these amend- ments are incorporated. See, also, note under that section. Act March 3, 1891, c. 551, § 8, also referred to and amended in this section, provided, as set forth above, that the medical examination should be made by surgeons of the marine-hospital service, and that, in cases where a surgeon of the marine-hospital service could not be obtained without unreasonable delay, a civil surgeon might be employed. Bonds of indemnity against alien becoming public charge. Sec. 7. That no bond or guaranty, written or oral, that an alien immigrant shall not become a public charge shall be received from Sec. 2164) 1303 Tit. 29– IMMIGRATION. any person, company, corporation, charitable or benevolent society or association, unless authority to receive the same shall in each special case be given by the Superintendent of Immigration, with the written approval of the Secretary of the Treasury. Act March 3, 1893, c. 206, § 7, 27 Stat. 570. Notification of immigration laws by agents of steamship companies, etc.; certificate of compliance; penalty. Sec. 8. That all steamship or transportation companies, and other owners of vessels, regularly engaged in transporting alien immigrants to the United States, shall twice a year file a certificate with the Secretary of the Treasury that they have furnished to be kept con- spicuously exposed to view in the office of each of their agents in foreign countries authorized to sell emigrant tickets, a copy of the law of March third, eighteen hundred and ninety-one, and of all subse- quent laws of this country relative to immigration, printed in large letters, in the language of the country where the copy of the law is to be exposed to view, and that they have instructed their agents to call the attention thereto of persons contemplating emigration before selling tickets to them; and in case of the failure for sixty days of any such company or any such owners to file such a certificate, or in case they file a false certificate, they shall pay a fine of not exceeding five hundred dollars, to be recovered in the proper United States court, and said fine shall also be a lien upon any vessel of said com- pany or owners found within the United States. Act March 3, 1893, c. 206, § 8, 27 Stat. 570. Privileges at Ellis Island immigrant station. Sec. 9. That after the first day of January, eighteen hundred and ninety-three, all exclusive privileges of exchanging money, transport- ing passengers or baggage, or keeping eating houses, and all other like privileges in connection with the Ellis Island immigrant station, shall be disposed of after public competition, subject to such conditions and limitations as the Secretary of the Treasury may prescribe. Act March 3, 1893, c. 206, § 9, 27 Stat. 571. Chinese excepted from application of act; time of taking effect of act. Sec. 10. That this act shall not apply to Chinese persons; and shall take effect as to vessels departing from foreign ports for ports within the United States after sixty days from the passage of this ac Act March 3, 1893, c. 206, § 10, 27 Stat. 571. ACT AUG. 18, 1894, c. 301, $ 1. Decisions excluding aliens final unless reversed on appeal; head-money duty; commissioners of immigration. In every case where an alien is excluded from admission into the United States under any law or treaty now existing or hereafter made, the decision of the appropriate immigration or customs officers, if adverse to the admission of such alien, shall be final, unless reversed on appeal to the Secretary of the Treasury. Bureau of Immigration: The head money from alien passengers 1304 (Sec. 2164 Tit. 29-IMMIGRATION, on and after the first day of October next, collected under the Act of August third, eighteen hundred and eighty-two, to regulate immigra- tion, shall be one dollar in lieu of the fifty cents as provided in said Act, and such head money and all other receipts which shall be col- lected on and after July first, eighteen hundred and ninety-five, in con- nection with immigration shall be covered into the Treasury; * The commissioners of immigration at the several ports shall be appointed by the President, by and with the advice and consent of the Senate, to hold their offices for the term of four years, unless sooner removed, and until their successors are appointed; and nominations for such offices shall be made to the Senate by the President as soon as practicable after the passage of this Act. Act Aug. 18, 1894, c. 301, § 1, 28 Stat. 390. These are provisions of the sundry civil appropriation act for the fiscal year ending June 30, 1895, cited above. Decisions by inspection officers, adverse to the right of aliens to land, are final, unless appealed to the Superintendent of Immigration, whose decision is reviewable by the Secretary of the Treasury, by Act March 3, 1891, c. 551, $ 8, set forth above. Decisions on special inquiries provided for by Act March 3, 1891, c. 551, § 1, set forth above, are reviewable by the Secretary of the Treas- ury, by Act March 3, 1893, c. 206, § 5, set forth above. A head-money duty of 50 cents for each alien passenger coming by steam or sail vessel from a foreign port to any United States port was im- posed by Act Aug. 3, 1882, c. 376, § 1, set forth above. ACT MARCH 2, 1895, c. 177, § 1. Superintendent of Immigration designated Commissioner-General of Immigration; additional duties; clerks; special inspectors. Bureau of Immigration: For Superintendent of Immigration, who shall hereafter be designated as Commissioner-General of Immigra- tion, and, in addition to his other duties, shall have charge, under the Secretary of the Treasury, of the administration of the alien con- tract-labor laws, four thousand dollars; chief clerk, two thousand dollars; confidential clerk, one thousand two hundred dollars; statis- tician and stenographer, with power to act as immigrant inspector, one thousand eight hundred dollars; one messenger; and one assistant messenger; in all, ten thousand five hundred and sixty dollars, which, together with other expenses of regulating immigration, shall be paid from the permanent appropriation for expenses regulating immigra- tion: Provided, That hereafter special immigrant inspectors, not to exceed three, may be detailed for duty in the Bureau at Washing- ton: * * Act March 2, 1895, c. 177, § 1, 28 Stat. 780. This is a provision of the legislative, executive, and judicial appro- priation act for the fiscal year ending June 30, 1896, cited above. The office of Superintendent of Immigration was created by Act March 3, 1891, c. 551, § 7, set forth above. Said section also fixed the salary, prescribed the duties, and authorized the appointment of a certain num- ber of clerks. The Commissioner-General of Immigration is charged with the en- forcement of the Chinese exclusion law, and of the various acts regu- lating immigration, by a provision of Act June 6, 1900, c. 791, § 1, set forth below. The permanent appropriation referred to in this provision is the Sec. 2164) 1305 Tit. 29— IMMIGRATION. immigrant fund created by the collection of the head-money duty on alien passengers imposed by Act Aug. 3, 1882, c. 376, § 1, set forth above; but this fund is to be covered into the Treasury, by Act Aug. 18, 1894, c. 301, 81, also set forth above. ACT JUNE 6, 1900, c. 791, § 1. Commissioner-General of Immigration; additional duties. * * And hereafter the Commissioner-General of Immigration, in addition to his other duties, shall have charge of the administration of the Chinese exclusion law and of the various Acts regulating immi- gration into the United States, its Territories, and the District of Columbia, under the supervision and direction of the Secretary of the Treasury. Act June 6, 1900, c. 791, § 1, 31 Stat. 611. This provision is a part of a proviso of the sundry civil expenses ap- propriation act for the fiscal year ending June 30, 1901, cited above. See note under provision of Act March 2, 1895, c. 177, § 1, set forth above, as to the creation of the office of Superintendent of Immigration (Commissioner-General), his salary, office, duties, etc. [EXCLUSION OF CHINESE.] ACT MAY 6, 1882, c. 126. [As amended 1884.] An Act to Execute Certain Treaty Stipulations relating to Chinese. (22 Stat. 58.) Preamble. Whereas in the opinion of the Government of the United States the coming of Chinese laborers to this country endangers the good order of certain localities within the territory thereof; Therefore Coming of Chinese laborers to United States suspended. Be it enacted, &c., That from and after the passage of this act, and until the expiration of ten years next after the passage of this act, the coming of Chinese laborers to the United States be, and the same is hereby, suspended, and during such suspension it shall not be lawful for any Chinese laborer to come from any foreign port or place, or having so come to remain within the United States, Act May 6, 1882, c. 126, § 1, 22 Stat. 58. Act July 5, 1884, c. 220, 23 Stat. 115. The treaty stipulations referred to in the title of this act are contained in the treaty with China of November 17, 1880, 22 Stat. 826, by which it was agreed that the United States might regulate, limit, or suspend the coming or residence of Chinese laborers, but should not prohibit it, and that other Chinese subjects, as well as Chinese laborers then in the United States, should be allowed to go and come of their own free will, and should have all the privileges of citizens and subjects of the most favored nation. A treaty relating to the same subject was signed March 12, 1888, but was not ratified. A convention between the two nations, ratified December 7, 1894, prohibiting, for a period of 10 years, the coming of Chinese laborers to the United States, except under conditions specified, is set forth below. Before the expiration of the time for the ratification of the proposed treaty signed March 12, 1888, mentioned above, Act Sept. 13, 1888, 1306 (Sec. 2164 Tit. 29—IMMIGRATION. c. 1015, set forth below, was passed, which further restricted immi- gration of Chinese, and section 15 of which repealed this act and Act July 5, 1884, c. 220, 23 Stat. 115, amendatory thereof, the repeal "to take effect upon the ratification of the pending treaty”; and thereafter Act Oct. 1, 1888, c. 1064, also set forth below, was passed, making unlawful the return of Chinese laborers in the United States after de- parture therefrom, and extending the application of certain provisions of this act, without referring to the proposed repeal thereof by Act Sept. 13, 1888, c. 1015, § 15. The treaty was never ratified, and the repeal of this act and other provisions of Act Sept. 13, 1888, c. 1015, dependent on such ratification, never became operative. This section and most of the following sections of this act are amended by Act July 5, 1884, c. 220, 23 Stat. 115; the several amendments be- ing incorporated in the respective sections as set forth here. Such amendments of this section consist in the insertion, after the words at the beginning of the section, "That from and after,” of the words "the expiration of ninety days next after”; in the striking out, after the words "any Chinese laborer to come," of the words "from any foreign port or place"; and in the insertion, after the words "or, hav- ing so come,” of the words "after the expiration of said ninety days." The suspension for 10 years of the coming of Chinese laborers into the United States by this section, and other provisions of this and other acts remaining in force at that time, are continued for a period of ten years by Act May 5, 1892, c. 60, § 1, set forth below. Masters of vessels landing Chinese laborers, punishable. Sec. 2. That the master of any vessel who shall knowingly bring within the United States on such vessel, and land, or attempt to land, or permit to be landed any Chinese laborer, from any foreign port or place, shall be deemed guilty of a misdemeanor, and, on convic- tion thereof, shall be punished by a fine of not more than five hundred dollars for each and evry such Chinese laborer so brought, and may also be imprisoned for a term not exceeding one year. Act May 6, 1882, c. 126, § 2, 22 Stat. 59. Act July 5, 1881, c. 220, 23 Stat. 115. This section is amended by Act July 5, 1884, c. 220, cited above, by inserting, after the words "and land," the words "or attempt to land," as set forth here. The application of the provisions of this section is extended by Act Oct. 1, 1888, c. 1064, § 3, set forth below. Exemptions from application of two foregoing sections. Sec. 3. That the two foregoing sections shall not apply to Chinese laborers who were in the United States on the seventeenth day of November, eighteen hundred and eighty, or who shall have come into the same before the expiration of ninety days next after the passage of the act to which this act is amendatory, nor shall said sections apply to Chinese laborers, who shall produce to such master before going on board such vessel, and shall produce to the collector of the port in the United States at which such vessel shall arrive, the evidence hereinafter in this act required of his being one of the laborers in this section mentioned; nor shall the two foregoing sec- tions apply to the case of any master whose vessel, being bound to a port not within the United States, shall come within the jurisdiction of the United States by reason of being in distress or in stress of weather, or touching at any port of the United States on its voyage to any foreign port or place: Provided : That all Chinese laborers Sec. 2164) 1307 Tit. 29— IMMIGRATION. brought on such vessel shall not be permitted to land except in case of absolute necessity, and must depart with the vessel on leaving port. Act May 6, 1882, c. 126, § 3, 22 Stat. 59. Act July 5, 1884, c. 220, 23 Stat. 115. This section is amended by Act July 5, 1884, c. 220, cited above, by striking out, after the words "the passage of,” the words "this act, and, and inserting instead thereof the words "the act to which this act is amendatory, nor shall said sections apply to Chinese laborers, who," and by inserting in the proviso, after the words "That all Chinese labor- ers brought on such vessel shall," the words "not be permitted to land except in case of absolute necessity, but must," as set forth here. So much of this section as permits Chinese laborers who were in the United States on the 17th day of November, 1880, or who came into the United States before the expiration of ninety days next after May 6, 1882, to return to the United States, is superseded by Act Oct. 1, 1888, c. 1064, set forth below, which prohibits the return of any Chinese laborer whatever. Sec. 4. [Superseded. Act Oct. I, 1888, C. 1064.] This section, as amended by Act July 5, 1884, c. 220, 23 Stat. 115, provided that the collector of the customs for the proper district should make lists of all Chinese laborers about to depart by water from the United States and having the right to re-enter, stating the individual, family, and tribal name in full, the age, occupation, when and where followed, last place of residence, physical marks or peculiarities, and all facts necessary for the identification of each of such laborers, said lists to be entered in registers to be kept in the custom-house; that every Chinese laborer departing from the United States should be en- titled to receive free of charge a certificate, the contents of which were to correspond with the lists; that the certificates should be forfeited in certain cases; and that said certificates should entitle the laborer to whom it had been issued to return to the United States. It is super- seded by Act Oct. 1, 1888, c. 1064, set forth below, which provides that no Chinese laborer whatever shall be entitled to return to the United States, that no certificates of identity shall hereafter be issued, that every such certificate heretofore issued is declared void, and that Chinese labor- ers seeking admission by virtue of such certificates shall be refused en- trance. Sec. 5. [Superseded. Act Oct. 1, 1881, C. 1064.] 1 This section provided for the issuance of certificates to Chinese labor- ers about to depart from the United States by land similar to those provided for by section 4 of this act. It is superseded by Act Oct. 1, 1888, c. 1064, set forth below. See, also, note under section 4 of this act. Chinese other than laborers; certificates of identity. Sec. 6. That in order to the faithful execution of the provisions of this act, evry Chinese person, other than a laborer, who may be entitled by said treaty or this act to come within the United States, and who shall be about to come to the United States, shall obtain the permission of and be identified as so entitled by the Chinese Government, or of such other foreign Government of which at the time such Chinese person shall be a subject, in each case to be evi- denced by a certificate issued by such Government, which certificate shall be in the English language, and shall show such permission, with the name of the permitted person in his or her proper signa- ture, and which certificate shall state the individual, family, and tribal name in full, title or official rank, if any, the age, height, and all physical peculiarities, former and present occupation or profes- 1308 (Sec. 2164 Tit. 29 IMMIGRATION. sion, when and where and how long pursued, and place of residence of the person to whom the certificate is issued, and that such person is entitled by this act to come within the United States. If the person so applying for a certificate shall be a merchant, said certificate shall, in addition to above requirements, state the nature, character, and estimated value of the business carried on by him prior to and at the time of his application as aforesaid: Provided, That nothing in this act nor in said treaty shall be construed as embracing within the meaning of the word “merchant,” hucksters, peddlers, or those en- gaged in taking, drying, or otherwise preserving shell or other fish for home consumption or exportation. If the certificate be sought for the purpose of travel for curiosity, it shall also state whether the appli- cant intends to pass through or travel within the United States, together with his financial standing in the country from which such certificate is desired. The certificate provided for in this act, and the identity of the person named therein shall , before such person goes on board any vessel to proceed to the United States, be vised by the indorsement of the diplomatic representatives of the United States in the foreign country from which said certificate issues, or of the con- sular representative of the United States at the port or place from which the person named in the certificate is about to depart; and such diplomatic representative or consular representative whose in- dorsement is so required is hereby empowered, and it shall be his luty, before indorsing such certificate as aforesaid, to examine into the truth of the statements set forth in said certificate, and if he shall find upon examination that said or any of the statements therein contained are untrue it shall be his duty to refuse to indorse the same. Such certificate vised as aforesaid shall be prima facie evidence of the facts set forth therein, and shall be produced to the collector of customs of the port in the district in the United States at which the person named therein shall arrive, and afterward produced to the proper authorities of the United States whenever lawfully de- manded, and shall be the sole evidence permissible on the part of the person so producing the same to establish a right of entry into the United States; but said certificate may be controverted and the facts therein stated disproved by the United States authorities. Act May 6, 1882, c. 126, $ 6, 22 Stat. 60. Act July 5, 1886, c. 220, 23 Stat. 116. This section is amended by Act July 5, 1884, c. 220, cited above, by numerous changes in the language and extensive additions thereto, mak- ing it read as set forth here. The term "merchant," as used in acts relating to this subject, is de- fined in Act Nov. 3, 1893, c. 14, § 2, set forth below. Altering name in or forging certificate, or false personation of person named therein, punishable. Sec. 7. That any person who shall knowingly and falsely alter or substitute any name for the name written in such certificate or forge any such certificate, or knowingly utter any forged or fraudulent certificate, or falsely personate any person named in any such certifi- cate, shall be deemed guilty of a misdemeanor; and upon conviction Sec. 2164) 1309 Tit. 29-IMMIGRATION. thereof shall be fined in a sum not exceeding one thousand dollars, and imprisoned in a penitentiary for a term of not more than five years. Act May 6, 1882, c. 126, § 7, 22 Stat. 60. Similar provisions relating to certificates of identity are contained in Act Sept. 13, 1888, c. 1015, § 11, and relating to certificates of resi- dence in Act May 5, 1892, c. 60, $ 8, set forth below. Lists of Chinese passengers to be delivered by masters of vessels ar- riving from foreign ports; contents; penalty for failure. Sec. 8. That the master of any vessel arriving in the United States from any foreign port or place shall, at the same time he delivers a manifest of the cargo, and if there be no cargo, then at the time of making a report of the entry of the vessel pursuant to law, in addition to the other matter required to be reported, and before landing, or permitting to land, any Chinese passengers, deliver and report to the collector of customs of the district in which such vessels hall have arrived a separate list of all Chinese passengers taken on board his vessel at any foreign port or place, and all such passengers on board the vessel at that time, such list shall show the names of such passen- gers (and if accredited officers of the Chinese or of any other foreign Government, traveling on the business of that Government, or their servants, with a note of such facts), and the names and other particu- lars as shown by their respective certificates; and such list shall be sworn to by the master in the manner required by law in relation to the manifest of the cargo. Any refusal or wilful neglect of any such master to comply with the provisions of this section shall incur the same penalties and forfeiture as are provided for a refusal or neglect to report and deliver a manifest of the cargo. Act May 6, 1882, c. 126, § 8, 22 Stat. 60. Act July 5, 1884, c. 220, 23 Stat. 117. This section was amended by Act July 5, 1884, c. 220, cited above, by inserting in the parenthesis, after the words "and if accredited offi- cers of the Chinese,” the words "or of any other foreign”; and by changing the words at the beginning of the last sentence from "Any willful refusal or neglect” to “Any refusal or willful neglect," as set forth here. Comparison of lists with certificates. Sec. 9. That before any Chinese passengers are landed from any such vessel, the collector, or his deputy, shall proceed to examine such passengers, comparing the certificates with the list and with the passengers; and no passenger shall be allowed to land in the United States from such vessel in violation of law. Act May 6, 1882, c. 126, § 9, 22 Stat. 60. In so far as this section relates to the right of Chinese laborers to re- enter the United States after having once departed therefrom, it must be regarded as superseded by Act Oct. 1, 1888, c. 1064, set forth below. Forfeitures of vessels for violations of act. Sec. 10. That every vessel whose master shall knowingly violate any of the provisions of this act shall be deemed forfeited to the United States, and shall be liable to seizure and condemnation in any 1310 (Sec. 2164 Tit. 29— IMMIGRATION. district of the United States into which such vessel may enter or in which she may be found. Act May 6, 1882, c. 126, § 10, 22 Stat. 61. Act July 5, 1884, c. 220, 23 Stat. 115. The application of the provisions of this section is extended by Act Oct. 1, 1888, c. 1064, § 3, set forth below. Bringing or landing Chinese laborers not entitled to enter, punishable. Sec. 11. That any person who shall knowingly bring into or cause to be brought into the United States by land, or who shall aid or abet the same, or aid or abet the landing in the United States from any vessel, of any Chinese person not lawfully entitled to enter the United States, shall be deemed guilty of a misdemeanor, and shall on conviction thereof, be fined in a sum not exceeding one thousand Dollars, and imprisoned for a term not exceeding one year Act May 6, 1882, c. 126, § 11, 22 Stat. 61. Act July 5, 1884, c. 220, 23 Stat. 117. This section is amended by Act July 5, 1884, c. 220, cited above, by changing the words “or who shall knowingly aid or abet the same,” contained in the section as originally enacted, to "or who shall aid or a bet the same," as set forth here. The application of the provisions of this section is extended by Act Oct. 1, 1888, c. 1064, § 3, set forth below. Chinese not to enter United States by land without certificate; depor- tation of Chinese unlawfully within United States; expenses. Sec 12 That no Chinese person shall be permitted to enter the United States by land without producing to the proper officer of customs the certificate in this act required of Chinese persons seek- ing to land from a vessel. And any Chinese person found unlaw- fully within the United States shall be caused to be removed there- from to the country from whence he came, and at the cost of the United States, after being brought before some justice, judge, or commissioner of a court of the United States and found to be one not lawfully entitled to be or to remain in the United States; and in all such cases the person who brought or aided in bringing such person to the United States shall be liable to the Government of the United States for all necessary expenses incurred in such investiga- tion and removal; and all peace officers of the several States and Territories of the United States are hereby invested with the same authority as a marshal or United States marshal in reference to car- rying out the provisions of this act or the act of which this is amend- atory, as a marshal or deputy marshal of the United States, and shall be entitled to like compensation to be audited and paid by the same officers. And the United States shall pay all costs and char- ges for the maintenance and return of any Chinese person having the certificate prescribed by law as entitling such Chinese person to come into the United States who may not have been permitted to land from any vessel by reason of any of the provisions of this act. Act May 6, 1882, c. 126, § 12, 22 Stat. 61. Act July 5, 1884, c. 220, 23 Stat. 117. This section is amended by Act July 5, 1884, c. 220, cited above, by striking out, after the words "to the country from whence he came, the words "by direction of the President of the United States," con- Sec. 2164) 1311 Tit. 29—IMMIGRATION. tained in the section as originally enacted, and by adding the provisions beginning with the words "and in all such cases," etc., to the end of the section as set forth here. The application of the provisions of this section is extended by Act Oct. 1, 1888, c. 1064, § 3, set forth below. Diplomatic and other officers, their servants, etc., exempted from appli- cation of act. Sec 13 That this act shall not apply to diplomatic and other offi- cers of the Chinese or other Governments traveling upon the busi- ness of that Government, whose credentials shall be taken as equiv- alent to the certificate in this act mentioned, and shall exempt them and their body and household servants from the provisions of this act as to other Chinese persons Act May 6, 1882, c. 126, § 13, 22 Stat. 61. Act July 5, 1884, c. 220, 23 Stat. 118. This section is amended by Act July 5, 1884, c. 220, cited above, by changing the words "Chinese Government,” contained in the section as originally enacted, to “Chinese or other Governments," as set forth here. Sec. 14. [Relates to naturalization of Chinese.] This section provides that no State court or court of the United States shall admit Chinese to citizenship, and repeals all laws in conflict tnere- with, and is set forth, post, following Rev. St. § 2169. Persons to whom act is applicable; “Chinese laborers" defined. Sec 15 That the provisions of this act shall apply to all subjects of China and Chinese, whether subjects of China or any other for- eign power; and the words Chinese laborers, wherever used in this act shall be construed to mean both skilled and unskilled laborers and Chinese employed in mining Act May 6, 1882, c. 126, § 15, 22 Stat. 61. Act July 5, 1884, c. 220, 23 Stat. 118. This section is amended by Act July 5, 1884, c. 220, cited above, by inserting, at the beginning of the section, the words “That the pro- visions of this act shall apply to all subjects of China and Chinese, whether subjects of China or any other foreign power," and by adding two new sections, numbered 16 and 17, respectively. The word "laborer," as used in subsequent acts, is defined by Act Nov. 3, 1893, c. 14, § 2, set forth below. Violations of act punishable. Sec 16 That any violation of any of the provisions of this act, or of the act of which this is amendatory, the punishment of which is not otherwise herein provided for, shall be deemed a misdemeanor, and shall be punishable by a fine not exceeding one thousand dol- lars, or by imprisonment for not more than one year, or both such fine and imprisonment Act July 5, 1884, c. 220, 23 Stat. 118. This section is added to Act May 6, 1882, c. 126, by amendment by Act July 5, 1884, c. 220, cited above. Sec 17. [Relates to pending causes.] This section and the foregoing section, 16, are added to Act May 6, 1882, c. 126, by amendment by Act July 5, 1884, c. 220, 23 Stat. 118. This section provides that that act shall not affect any prosecution 1312 (Sec. 2164 Tit. 29% IMMIGRATION. or other proceeding begun under the act of which it is amendatory, and is omitted as temporary in its nature, merely. ACT SEPT. 13, 1888, c. 1015. An Act to Prohibit the Coming of Chinese Laborers to the United States. (25 Stat. 476.) Entry of Chinese unlawful, except as provided. Be it enacted, &c., That from and after the date of the exchange of ratifications of the pending treaty between the United States of America and His Imperial Majesty the Emperor of China, signed on the twelfth day of March, anno Domini eighteen hundred and eighty- eight, it shall be unlawful for any Chinese person, whether a subject of China or of any other power, to enter the United States, except as hereinafter provided. Act Sept. 13, 1888, c. 1015, § 1, 25 Stat. 476. Pending the ratification of the treaty mentioned in this section, Act Oct. 1, 1888, c. 1064, set forth below, was also passed, forbidding the return to the United States of Chinese laborers resident therein who had departed or should depart therefrom, and declaring void the cer- tificates of identity issued under Act May 6, 1882, c. 126, 88 4, 5, set forth above. The ratifications of the treaty were never exchanged. This section, being dependent on such exchange of ratifications, never became operative. The repeal, by section 15 of this act, of Act May 6, 1882, c. 126, and Act July 5, 1884, c. 220, set forth above, which was also “to take effect upon the ratification of the pending treaty as pro- vided in section one of this act,” never took effect. The effect of the failure of ratification of the treaty on the other sections of this act may be regarded as more or less doubtful, according to the nature of their provisions; particularly those of sections 2-4, relating to excep- tions from the prohibition of section 1, and those of other sections relat- ing to the enforcement of those sections, and those which may have been intended as substitutes for provisions of previous acts in view of the repeal of those acts by section 15 of this act. All laws in force prohibiting and regulating the coming into this country of Chinese persons are continued for a period of 10 years by Act May 5, 1892, c. 60, § 1, set forth below. Classes of Chinese permitted to enter; certificates of identity. Sec. 2. That Chinese officials, teachers, students, merchants, or travelers for pleasure or curiosity, shall be permitted to enter the United States, but in order to entitle themselves to do so, they shall first obtain the permission of the Chinese Government, or other gov- ernment of which they may at the time be citizens or subjects. Such permission and also their personal identity shall in such case be evi- denced by a certificate to be made out by the diplomatic represent- ative of the United States in the country, or of the consular repre- sentative of the United States at the port or place from which the person named therein comes. The certificate shall contain a full description of such person, of his age, height, and general physical features, and shall state his former and present occupation or pro- fession and place of residence, and shall be made out in duplicate. One copy shall be delivered open to the person named and described, and the other copy shall be sealed up and delivered by the diplomatic or consular officer as aforesaid to the captain of the vessel on which the person named in the certificate sets sail for the United States, Sec. 2164) 1313 Tit. 29-IMMIGRATION. together with the sealed certificate, which shall be addressed to the collector of customs at the port where such person is to land. There shall be delivered to the aforesaid captain a letter from the consular officer addressed to the collector of customs aforesaid, and stating that said consular officer has on a certain day delivered to the said captain a certificate of the right of the person named therein to enter the United States as a Chinese official, or other exempted person, as the case may be. And any captain who lands or attempts to land a Chinese person in the United States, without having in his posses- sion a sealed certificate, as required in this section, shall be liable to the penalties prescribed in section nine of this act. Act Sept. 13, 1888, c. 1015, § 2, 25 Stat. 476. See note under section 1 of this act as to effect of failure of ratifica- tion of the treaty referred to in that section. Provisions somewhat similar to those of this section are contained in Act May 6, 1882, c. 126, § 6, as amended by Act July 5, 1884, c. 220, set forth above. Persons to whom act applicable; “Chinese laborers" defined. Sec. 3. That the provisions of this act shall apply to all persons of the Chinese race, whether subjects of China or other foreign power, excepting Chinese diplomatic or consular officers and their attend- ants; and the words “Chinese laborers," whenever used in this act, shall be construed to mean both skilled and unskilled laborers and Chinese employed in mining. Act Sept. 13, 1888, c. 1015, $ 3, 25 Stat. 476. See note under section 1 of this act. Provisions somewhat similar to those of this section are contained in Act May 6, 1882, c. 126, 88 13, 15, as amended by Act July 5, 1884, c. 220, set forth above. The word "laborer," as used in subsequent acts relating to this sub- ject, is defined in Act Nov. 3, 1893, c. 14, § 2, set forth below. Lists of Chinese passengers to be delivered by masters of vessels ar- riving from foreign ports; contents; landing diplomatic and con- sular officers, etc.; penalties. Sec. 4. That the master of any vessel arriving in the United States from any foreign port or place with any Chinese passengers on board shall, when he delivers his manifest of cargo, and if there be no cargo, when he makes legal entry of his vessel, and before landing or permitting to land any Chinese person (unless a diplo- matic or consular officer, or attendant of such officer), deliver to the collector of customs of the district in which the vessel shall have arrived the sealed certificates and letters as aforesaid, and a separate list of all Chinese persons taken on board of his vessel at any for- eign port or place, and of all such persons on board at the time of arrival as aforesaid. Such list shall show the names of such per- sons and other particulars as shown by their open certificates, or other evidences required by this act, and such list shall be sworn to by the master in the manner required by law in relation to the man- ifest of the cargo. The master of any vessel as aforesaid shall not permit any Chinese diplomatic or consular officer or attendant of such officer to land without having first been informed by the collector of customs of the LAWS '01-83 1314 (Sec. 2164 Tit. 29-IMMIGRATION. official character of such officer or attendant. Any refusal or willful neglect of the master of any vessel to comply with the provisions of this section shall incur the same penalties and forfeitures as are pro- vided for a refusal or neglect to report and deliver a manifest of the cargo. Act Sept. 13, 1888, c. 1015, $ 4, 25 Stat. 476. See note under section 1 of this act. Provisions somewhat similar to those of this section are contained in Act May 6, 1882, c. 126, 88 8-10, as amended by Act July 5, 1884, c. 220, set forth above. Return of Chinese laborers after departure not permitted, except un- der conditions stated. Sec. 5. That from and after the passage of this act, no Chinese laborer in the United States shall be permitted, after having left, to return thereto, except under the conditions stated in the following sections. Act Sept. 13, 1888, c. 1015, § 5, 25 Stat. 477. See note under section 1 of this act. Conditions under which Chinese laborers may return. Sec. 6. That no Chinese laborer within the purview of the preced- ing section shall be permitted to return to the United States unless he has a lawful wife, child, or parent in the United States, or prop- erty therein of the value of one thousand dollars, or debts of like amount due him and pending settlement. The marriage to such wife must have taken place at least a year prior to the application of the laborer for a permit to return to the United States, and must have been followed by the continuous cohabitation of the parties as man and wife. If the right to return be claimed on the ground of property or of debts, it must appear that the property is bona fide and not colorably acquired for the purpose of evading this act, or that the debts are unascertained and unsettled, and not promissory notes or other sim- ilar acknowledgments of ascertained liability. Act Sept. 13, 1888, c. 1015, $ 6, 25 Stat. 477. See note under section 1 of this act. Identification of Chinese laborers claiming right to leave and return; oertificates; limitation of time for return; ports at which Chinese may enter. Sec. 7. That a Chinese person claiming the right to be permitted to leave the United States and return thereto on any of the grounds stated in the foregoing section, shall apply to the collector of 'cus- toms of the district from which he wishes to depart at least a month prior to the time of his departure, and shall make on oath before the said collector a full statement descriptive of his family, or property, or debts, as the case may be, and shall furnish to said collector such proofs of the facts entitling him to return as shall be required by the rules and regulations prescribed from time to time by the Secretary of the Treasury, and for any false swearing in relation thereto he shall incur the penalties of perjury. He shall also permit the col- lector to take a full description of his person, which description the collector shall retain and mark with a number. And if the collector Sec. 2164) 1315 Tit. 29-IMMIGRATION. after hearing the proofs and investigating all the circumstances of the case, shall decide to issue a certificate of return, he shall at such time, and place as he may designate, sign and give to the person ap- plying a certificate containing the number of the description last aforesaid, which shall be the sole evidence given to such person of his right to return. If this last named certificate be transferred, it shall become void, and the person to whom it was given shall forfeit his right to return to the United States. The right to return under the said certificate shall be limited to one year; but it may be ex- tended for an additional period, not to exceed a year, in cases where, by reason of sickness or other cause of disability beyond his control, the holder thereof shall be rendered unable sooner to return, which facts shall be fully reported to and investigated by the consular rep- resentative of the United States at the port or place from which such laborer departs for the United States, and certified by such repre- sentative of the United States to the satisfaction of the collector of customs at the port where such Chinese person shall seek to land in the United States, such certificate to be delivered by said repre- sentative to the master of the vessel on which he departs for the United States. And no Chinese laborer shall be permitted to re- enter the United States without producing to the proper officer of the customs at the port of such entry the return certificate herein re- quired. A Chinese laborer possessing a certificate under this sec- tion shall be admitted to the United States only at the port from which he departed therefrom, and no Chinese person, except Chinese diplomatic or consular officers, and their attendants, shall be permit- ted to enter the United States except at the ports of San Francisco, Portland, Oregon, Boston, New York, New Orleans, Port Town- send, or such other ports as may be designated by the Secretary of the Treasury. Act Sept. 13, 1888, c. 1015, § 7, 25 Stat. 477. See note under section 1 of this act. Regulations, etc., to be prescribed by Secretary of Treasury. Sec. 8. That the Secretary of the Treasury shall be, and he hereby is, authorized and empowered to make and prescribe, and from time to time to change and amend such rules and regulations, not in con- flict with this act, as he may deem necessary and proper to conven- iently secure to such Chinese persons as are provided for in articles second and third of the said treaty between the United States and the Empire of China, the rights therein mentioned, and such as shall also protect the United States against the coming and transit of per- sons not entitled to the benefit of the provisions of said articles. And he is hereby further authorized and empowered to prescribe the form and substance of certificates to be issued to Chinese labor- ers under and in pursuance of the provisions of said articles, and prescribe the form of the record of such certificate and of the pro- ceedings for issuing the same, and he may require the deposit, as a part of such record, of the photograph of the party to whom any such certificate shall be issued. Act Sept. 13, 1888, c. 1015, § 8, 25 Stat. 478. See note under section 1 of this act as to effect of failure of ratifica- tion of the treaty referred to in this section. 1316 (Sec. 2164 Tit. 29/IMMIGRATION. Masters of vessels landing Chinese in contravention of act, punishable. Sec. 9. That the master of any vessel who shall knowingly bring within the United States on such vessel, and land, or attempt to land, or permit to be landed any Chinese laborer or other Chinese person, in contravention of the provisions of this act, shall be deemed guilty of a misdemeanor and, on conviction thereof, shall be punished with a fine of not less than five hundred dollars nor more than one thou- sand dollars, in the discretion of the court, for every Chinese laborer or other Chinese person so brought, and may also be imprisoned for a term of not less than one year, nor more than five years, in the dis- cretion of the court. Act Sept. 13, 1888, c. 1015, § 9, 25 Stat. 478. See note under section 1 of this act. Provisions somewhat similar to those of this section are contained in Act May 6, 1882, c. 126, § 2, as amended by Act July 5, 1884, c. 220, set forth above. Masters of vessels in distress excepted from foregoing section. Sec. 10. That the foregoing section shall not apply to the case of any master whose vessel shall come within the jurisdiction of the United States in distress or under stress of weather, or touching at any port of the United States on its voyage to any foreign port or place. But Chinese laborers or persons on such vessels shall not be permitted to land, except in case of necessity, and must depart with the vessel on leaving port. Act Sept. 13, 1888, c. 1015, $ 10, 25 Stat. 478. See note under section 1 of this act. A similar exception is contained in Act May 6, 1882, c. 126, § 3, as amended by Act July 5, 1884, c. 220, set forth above. Altering name in or forging certificate, or false personation of person named therein, punishable. Sec. II. That any person who shall knowingly and falsely alter or substitute any name for the name written in any certificate herein re- quired, or forge such certificate, or knowingly utter any forged or fraudulent certificate, or falsely personate any person named in any such certificate, and any person other than the one to whom a cer- tificate was issued who shall falsely present any such certificate, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding one thousand dollars, and imprisoned in a penitentiary for a term of not more than five years. Act Sept. 13, 1888, c. 1015, $ 11, 25 Stat. 478. See note under section 1 of this act. Provisions similar to a great extent to those of this section are con- tained in Act May 6, 1882, c. 126, § 7, set forth above. And similar provisions relating to certificates of residence are contained in Act May 5, 1892, c. 60, § 8, set forth below. Examination of Chinese passengers by collector; decision of collector; review by Secretary of Treasury. Sec. 12. That before any Chinese passengers are landed from any such vessel, the collector or his deputy, shall proceed to examine such passengers, comparing the certificates with the list and with the passengers; and no passenger shall be allowed to land in the Sec. 2164) 1317 Tit. 29/IMMIGRATION. United States from such vessel in violation of law; and the collector shall in person decide all questions in dispute with regard to the right of any Chinese passenger to enter the United States, and his decision shall be subject to review by the Secretary of the Treas- ury, and not otherwise. Act Sept. 13, 1888, c. 1015, $ 12, 25 Stat. 478. See note under section 1 of this act. Arrest and removal of Chinese unlawfully in United States. Sec. 13. That any Chinese person, or person of Chinese descent, found unlawfully in the United States, or its Territories, may be ar- rested upon a warrant issued upon a complaint, under oath, filed by any party on behalf of the United States, by any justice, judge, or commissioner of any United States court, returnable before any jus- tice, judge, or commissioner of a United States court, or before any United States court, and when convicted, upon a hearing, and found and adjudged to be one not lawfully entitled to be or remain in the United States, such person shall be removed from the United States to the country whence he came. But any such Chinese person con- victed before a commissioner of a United States court may, within ten days from such conviction, appeal to the judge of the district court for the district. A certified copy of the judgment shall be the process upon which said removal shall be made, and it may be exe- cuted by the marshal of the district, or any officer having authority of a marshal under the provisions of this section. And in all such cases the person who brought or aided in bringing such person into the United States shall be liable to the Government of the United States for all necessary expenses incurred in such investigation and removal; and all peace officers of the several States and Territories of the United States are hereby invested with the same authority in reference to carrying out the provisions of this act, as a marshal or deputy marshal of the United States, and shall be entitled to like compensation, to be audited and paid by the same officers. Act Sept. 13, 1888, c. 1015, $ 13, 25 Stat. 479. See note under section 1 of this act. Chinese diplomatic and consular officers excepted from preceding sec- tions. Sec. 14. That the preceding sections shall not apply to Chinese diplomatic or consular officers or their attendants, who shall be ad- mitted to the United States under special instructions of the Treas- ury Department, without production of other evidence than that of personal identity. Act Sept. 13, 1888, c. 1015, § 14, 25 Stat. 479. See note under section 1 of this act. An exception somewhat similar is contained in Act May 6, 1882, c 126, § 13, as amended by Act July 5, 1884, c. 220, set forth above. Repeal. Sec. 15. That the act entitled “An act to execute certain treaty stipulations relating to Chinese," approved May sixth, eighteen hun- dred and eighty-two, and an act to amend said act approved July fifth, eighteen hundred and eighty-four, are hereby repealed to take 1318 (Sec. 2164 Tit. 29— IMMIGRATION. effect upon the ratification of the pending treaty as provided in sec- tion one of this act. Act Sept. 13, 1888, c. 1015, § 15, 25 Stat. 479. The pending treaty referred to in this section was not ratified, and the repeal of the previous acts mentioned therein never became ef- fective. Several of the preceding sections of this act appear to have been intended as substitutes for provisions, the repeal of which by this section was contemplated, and, the repeal having failed, it may be regarded as somewhat doubtful whether the provisions constituting sub- stitutes for those repealed became operative, and, if so, to what extent they superseded the previous provisions. See, also, as to the effect on this act of the failure to ratify the treaty referred to, note under section 1 of this act. ACT OCT. 1, 1888, c. 1064. An Act a Supplement to an Act Entitled “An Act to Execute Certain Treaty Stipulations Relating to Chinese,” Approved the Sixth Day of May, Eighteen hundred and eighty-two. (25 Stat. 504.) Return to United States of Chinese laborers after departure therefrom, unlawful. Be it enacted, &c., That from and after the passage of this act, it shall be unlawful for any chinese laborer who shall at any time here- tofore have been, or who may now or hereafter be, a resident within the United States, and who shall have departed, or shall depart, therefrom, and shall not have returned before the passage of this act, to return to, or remain in, the United States. Act Oct. 1, 1888, c. 1064, § 1, 23 Stat. 504. The act referred to in the title of this act, to which this act is a sup- plement, Act May 6, 1882, c. 126, as amended by Act July 5, 1884, c. 220, set forth above, suspended the coming of Chinese laborers to the United States, but excepted from its provisions laborers in the United States, and provided for the identification of such laborers, and for evidence of their right to go from and come to the United States. These provisions are superseded by this act. The act so referred to in the title of this act, as well as the amenda- tory act mentioned above, were repealed by Act Sept. 13, 1888, c. 1015, the repeal to take effect on the ratification of a pending treaty; but, the treaty not having been ratified, the repeal did not take effect. Certificates of identity not to be issued, and those issued void. Sec. 2. That no certificates of identity provided for in the fourth and fifth sections of the act to which this is a supplement shall here- after be issued; and every certificate heretofore issued in pursuance thereof, is hereby declared void and of no effect, and the chinese laborer claiming admission by virtue thereof shall not be permitted to enter the United States. Act Oct. 1, 1888, c. 1064, § 2, 25 Stat. 504. This section supersedes Act May 6, 1882, c. 126, $$ 4, 5, as amended by Act July 5, 1884, c. 220, set forth above. Duties, liabilities, penalties, and forfeitures under previous act ex- tended. Sec. 3. That all the duties prescribed, liabilities penalties and for- feitures imposed, and the powers conferred by the second, tenth, Sec. 2164) 1319 Tit. 29— IMMIGRATION. eleventh, and twelfth, sections of the act to which this is a supple- ment are hereby extended and made applicable to the provisions of this act. Act Oct. 1, 1888, c. 1064, § 3, 25 Stat. 504. Sections 2, 10-12, Act May 6, 1882, c. 126, referred to in this section, are set forth above. At the time of the passage of this act, the entire act of which those sections are part, and Act July 5, 1884, c. 220, amendatory thereof, had been repealed, and other provisions relating to the subject enacted, the repeal to take effect on the ratification of a treaty then pending, by Act Sept. 13, 1888, c. 1015, set forth above, to which no reference is made in this act. Repeal. Sec. 4. That all such part or parts of the act to which this is a sup- plement as are inconsistent herewith are hereby repealed. Act Oct. 1, 1888, c. 1064, $ 4, 25 Stat. 504. ACT MAY 5, 1892, c. 60. [As amended 1893.] An Act to Prohibit the Coming of Chinese Persons into the Unit- ed States. (27 Stat. 25.) Laws prohibiting coming of Chinese continued. Be it enacted, &c., That all laws now in force prohibiting and reg- ulating the coming into this country of Chinese persons and persons of Chinese descent are hereby continued in force for a period of ten years from the passage of this act. Act May 5, 1892, c. 60, § 1, 27 Stat. 25. The laws referred to and continued in force by this section are Act May 6, 1882, c. 126, as amended by Act July 5, 1884, c. 220, set forth above, which suspended for ten years the coming of Chinese laborers into the United States; such provisions of Act Sept. 13, 1888, c. 1015, set forth above, as became operative notwithstanding the failure of ratification of the treaty referred to therein; and Act Oct. 1, 1888, c. 1064, also set forth above,-a supplement to Act May 6, 1882, c. 126. Other provisions prohibiting the transportation or importation of sub- jects of China, etc., as coolies, or without their consent, are contained in Rev. St. $8 2158-2163, and statutes collected under those sections. The immigration of Chinese laborers, except under conditions specified, is further prohibited by the convention of December 7, 1894, between the United States and China, set forth below. Removal of Chinese not entitled to be or remain in United States. Sec. 2. That any Chinese person or person of Chinese descent, when convicted and adjudged under any of said laws to be not law- fully entitled to be or remain in the United States, shall be removed from the United States to China, unless he or they shall make it appear to the justice, judge, or commissioner before whom he or they are tried that he or they are subjects or citizens of some other country, in which case he or they shall be removed from the United States to such country: Provided, That in any case where such other country of which such Chinese person shall claim to be a citi- zen or subject shall demand any tax as a condition of the removal of such person to that country, he or she shall be removed to China. Act May 5, 1892, c. 60, $ 2, 27 Stat. 23. Provisions somewhat similar to those of this section are contained in Act Sept. 13, 1888, c. 1015, § 13, set forth above. The designation of a commissioner, before whom a Chinese person ar- 1320 (Sec. 2164 Tit. 29— IMMIGRATION. rested for being unlawfully within or for having unlawfully entered the United States shall be taken for hearing, the fee of the commis- sioner for hearing and deciding such case, and the issuance of warrants of arrest for violations of the Chinese exclusion laws, are provided for by Act March 3, 1301, c. 845, set forth below. Chinese person arrested must prove right to remain. Sec. 3. That any Chinese person or person of Chinese descent ar- . 3 rested under the provisions of this act or the acts hereby extended shall be adjudged to be unlawfully within the United States unless such person shall establish, by affirmative proof, to the satisfaction of such justice, judge, or commissioner, his lawful right to remain in the United States. Act May 5, 1892, c. 60, $ 3, 27 Stat. 25. Chinese unlawfully in United States punishable. Sec. 4. That any such Chinese person or person of Chinese de- scent convicted and adjudged to be not lawfully entitled to be or re- main in the United States shall be imprisoned at hard labor for a period of not exceeding one year and thereafter removed from the United States, as hereinbefore provided. Act May 5, 1892, c. 60, § 4, 27 Stat. 25. Habeas corpus proceedings by Chinese denied landing; bail not al- lowed. Sec. 5. That after the passage of this act on an application to any judge or court of the United States in the first instance for a writ of habeas corpus, by a Chinese person seeking to land in the United States, to whom that privilege has been denied, no bail shall be al- lowed, and such application shall be heard and determined promptly without unnecessary delay. Act May 5, 1892, c. 60, § 5, 27 Stat. 25. Certificates of residence; arrest and deportation of Chinese laborers not having certificate. Sec. 6. And it shall be the duty of all Chinese laborers within the limits of the United States who were entitled to remain in the United States before the passage of the act to which this is an amendment to apply to the collector of internal revenue of their respective dis- tricts within six months after the passage of this act for a certificate of residence; and any Chinese laborer within the limits of the Unit- ed States who shall neglect, fail, or refuse to comply with the provi- sions of this act and the act to which this is an amendment, or who, after the expiration of said six months, shall be found within the jurisdiction of the United States without such certificate of residence, shall be deemed and adjudged to be unlawfully within the United States, and may be arrested by any United States customs official, collector of internal revenue or his deputies, United States marshal or his deputies, and taken before a United States judge, whose duty it shall be to order that he be deported from the United States, as provided in this act and in the act to which this is an amendment; unless he shall establish clearly to the satisfaction of said judge that by reason of accident, sickness, or other unavoidable cause he has Sec. 2164) 1321 Tit. 29/IMMIGRATION. been unable to procure his certificate, and to the satisfaction of said United States judge, and by at least one credible witness other than Chinese, that he was a resident of the United States on the fifth of May, eighteen hundred and ninety-two; and if, upon the hearing, it shall appear that he is so entitled to a certificate, it shall be granted upon his paying the cost. Should it appear that said Chinaman had procured a certificate which has been lost or destroyed, he shall be detained and judgment suspended a reasonable time to enable him to procure a duplicate from the officer granting it, and in such cases the cost of said arrest and trial shall be in the discretion of the court; and any Chinese person, other than a Chinese laborer, having a right to be and remain in the United States, desiring such certificate as evidence of such right, may apply for and receive the same without charge; and that no proceedings for a violation of the provisions of said section six of said act of May fifth, eighteen hundred and ninety- two, as originally enacted, shall hereafter be instituted, and that all proceedings for said violation now pending are hereby discontin- ued: Provided, That no Chinese person heretofore convicted in any court of the States or Territories or of the United States of a felony shall be permitted to register under the provisions of this act; but all such persons who are now subject to deportation for failure or refusal to comply with the act to which this is an amendment shall be deported from the United States as in said act and in this act provided, upon any appropriate proceedings now pending or which may be hereafter instituted. Act May 5, 1892, c. 60, § 6, 27 Stat. 25. Act Nov. 3, 1893, c. 14, § 1, 28 Stat. 7. This section is amended by Act Nov. 3, 1893, c. 14, § 1, cited above, by numerous changes in the language, the principal effect of which is to extend the time for application for the certificate required, which, by the section as originally enacted, was one year after the passage of the act, to six months after the passage of the amendatory act, and by adding the provisions relating to proceedings under the original act, beginning with the words "and that no proceedings for a violation of the provisions of said section six," etc., to the end of the section as set forth here. The proviso, beginning "Provided, That no Chinese person heretofore convicted," etc., was not included within the quotation marks indicating the extent of the amendment of this section as printed in the volume of the Statutes at Large containing the amendatory act (28 Stat. 8). It is however, so nearly related to the subject matter of this section as amended that it is retained here. The word "laborer," as used in this act, is defined, and further pro- visions relating to the execution of orders of deportation, and the requi- sites of certificates of residence, are made, by Act Nov. 3, 1893, c. 14, § 2, set forth below. Regulations, etc., to be prescribed by Secretary of Treasury. Sec. 7. That immediately after the passage of this act, the Secre- tary of the Treasury shall make such rules and regulations as may be necessary for the efficient execution of this act, and shall prescribe the necessary forms and furnish the necessary blanks to enable col- lectors of internal revenue to issue the certificates required hereby, and make such provisions that certificates may be procured in local- ities convenient to the applicants, such certificates shall be issued 1322 (Sec. 2164 Tit. 29— IMMIGRATION. without charge to the applicant, and shall contain the name, age, local residence and occupation of the applicant, and such other de- scription of the applicant as shall be prescribed by the Secretary of the Treasury, and a duplicate thereof shall be filed in the office of the collector of internal revenue for the district within which such Chinaman makes application. Act May 5, 1892, c. 60, 87, 27 Stat. 26. Provisions for authorizing payment of fees to collectors of internal revenue for certificates under this, act are contained in section 9 thereof, set forth below, but may be regarded as superseded to some extent by Res. Dec. 7, 1893, No. 1, 28 Stat. 575, and Res. April 4, 1894, No. 19, also set forth below. Further requirements as to certificates of residence, and as to the photograph of the applicant to be contained therein, are contained in Act Nov. 3, 1893, c. 14, § 2, set forth below. Altering name in or forging certificate, or false personation of person named therein, punishable. Sec. 8. That any person who shall knowingly and falsely alter or substitute any name for the name written in such certificate or forge such certificate, or knowingly utter any forged or fraudulent certifi- cate, or falsely personate any person named in such certificate, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding one thousand dollars or imprisoned in the penitentiary for a term of not more than five years. Act May 5, 1892, c. 60, $ 8, 27 Stat. 26. Similar provisions relating to certificates of identification are con- tained in Act May 6, 1882, c. 126, § 7, as amended by Act July 5, 1884, c. 220, and in Act Sept. 13, 1888, c. 1015, § 11, set forth above. Fees of collectors of internal revenue. Sec. 9. The Secretary of the Treasury may authorize the payment of such conipensation in the nature of fees to the collectors of in- ternal revenue, for services performed under the provisions of this act in addition to salaries now allowed by law, as he shall deem nec- essary, not exceeding the sum of one dollar for each certificate is- sued. Act May 5, 1892, c. 60, § 9, 27 Stat. 26. Certificates are to be issued without charge to the applicant by a pro- vision of section 7 of this act. This section may be regarded as superseded by Res. Dec. 7, 1893, No. 1, and Res. April 4, 1894, No. 19, set forth below, at least as regards the special appropriations made by those resolutions. ACT NOV. 3, 1893, c. 14. An Act to Amend an Act Entitled "An Act to Prohibit the Com-. ing of Chinese Persons into the United States,” Approved May fifth, Eighteen hundred and ninety-two. (28 Stat. 7.) Be it enacted, etc. [Sec. I amends Act May 5, 1892, c. 60, § 6.] See note under said Act May 5, 1892, c. 60, $ 6, set forth above. “Laborer” and “merchant" defined; proof required for entrance of merchant; deportation; certificate of residence to contain photo- graph. Sec. 2. The words “laborer" or "laborers," wherever used in this Sec. 2164) 1323 Tit. 29— IMMIGRATION. act, or in the act to which this is an amendment, shall be construed to mean both skilled and unskilled manual laborers, including Chi- nese employed in mining, fishing, huckstering, peddling, laundry- men, or those engaged in taking, drying, or otherwise preserving shell or other fish for home consumption or exportation. The term "merchant,” as employed herein and in the acts of which this is amendatory, shall have the following meaning and none other : A merchant is a person engaged in buying and selling merchandise, at a fixed place of business, which business is conducted in his name, and who during the time he claims to be engaged as a merchant, does not engage in the performance of any manual labor, except such as is necessary in the conduct of his business as such merchant. Where an application is made by a Chinaman for entrance into the United States on the ground that he was formerly engaged in this country as a merchant, he shall establish by the testimony of two credible witnesses other than Chinese the fact that he conducted such business as hereinbefore defined for at least one year before his departure from the United States, and that during such year he was not engaged in the performance of any manual labor, except such as was necessary in the conduct of his business as such merchant, and in default of such proof shall be refused landing. Such order of deportation shall be executed by the United States Marshal of the district within which such order is made, and he shall execute the same with all convenient dispatch; and pending the exe- cution of such order such Chinese person shall remain in the custody of the United States Marshal, and shall not be admitted to bail. The certificate herein provided for shall contain the photograph of the applicant, together with his name local residence and occupation, and a copy of such certificate, with a duplicate of such photograph attached, shall be filed in the office of the United States Collector of Internal Revenue of the district in which such Chinaman makes ap- plication. Such photographs in duplicate shall be furnished by each appli- cant in such form as may be prescribed by the Secretary of the Treasury. Act Nov. 3, 1893, c. 14, § 2, 28 Stat. 8. Previous provisions relating to the construction of the word "la borer” are contained in Act May 6, 1882, c. 126, § 15, as amended by Act July 5, 1881, c. 220, and Act Sept. 13, 1888, c. 1015, § 3, set forth above. Previous provisions relating to the construction of the word "mer- chant" are contained in Act May 6, 1882, c. 126, § 6, as amended by Act July 5, 1882, c. 220, set forth above. The order of deportation referred to in this section is provided for by Act May 5, 1892, c. 60, $ 6, as amended by section 1 of this act, set forth above. Certificates of residence referred to in this section are provided for by Act May 5, 1892, c. 60, $'$ 6, 7, set forth above. RES. DEC. 7, 1893, No. 1. Joint Resolution Providing for the Payment of Salaries and Ex- penses of Additional Deputy Collectors of Internal Revenue to Carry out the Provisions of the Chinese Exclusion Act of May 1324 (Sec. 2164 Tit. 294 IMMIGRATION. fifth, Eighteen hundred and ninety-two, as Amended by the Act of November third, Eighteen hundred and ninety-three. Fees for registration and certificates of residence. Resolved, &c., That there is hereby appropriated, out of any mon- eys in the Treasury not otherwise appropriated, the sum of fifty thousand dollars, or so much thereof as may be necessary, to pay the salaries and actual and necessary expenses of as many additional deputy collectors of internal revenue as the Secretary of the Treas- ury may determine to be necessary for the collectors in the several districts to appoint in order to the more thorough and effective exe- cution of the Act of May fifth, eighteen hundred and ninety-two, as amended by the Act of November third, eighteen hundred and nine- ty-three, relating to the registration of, and the issuance of certifi- cates of residence to, Chinese laborers who are entitled to remain in the United States under the provisions of these laws, which addi- tional deputy collectors shall be paid, out of the sum hereby appro- priated, by such allowances as shall be made by the Secretary of the Treasury upon the recommendation of the Commissioner of In- ternal Revenue: Provided, That collectors of internal revenue shall not receive any fee or other compensation for the registration, and issuance of certificates of residence to, Chinese laborers who are en- titled to remain in the United States under the provisions of the said laws. Res. Dec. 7, 1893, No. 1, 28 Stat. 575. Res. April 4, 1894, No. 19, 28 Stat. 581. The special appropriation contained in this resolution is repeated in Res. April 4, 1894, No. 19, cited above, appropriating the sum of $10,- 000, in the same terms and with the same proviso annexed. Although the other provisions are temporary merely, relating to the particular ap- propriation only, the proviso may be regarded as permanent. Act May 5, 1892, c. 60, § 7, set forth above, referred to in these resolutions, provides that the certificate of residence required shall be issued without charge to the applicant. Section 9 of that act, which provides that the Secretary of the Treasury may authorize compensation in the nature of fees to collectors of internal revenue for services under the act, may be regarded as superseded, to some extent, by this proviso. CONVENTION DEC. 7, 1894. Convention between the United States of America and the Empire of China. (28 Stat. 1210.) Preamble. Whereas, on the 17th day of November A. D. 1880, and of Kwanghsü, the sixth year, tenth moon, fifteenth day, a Treaty was concluded between the United States and China for the purpose of regulating, limiting, or suspending the coming of Chinese laborers to, and their residence in, the United States; And whereas the Government of China, in view of the antagonism and much deprecated and serious disorders to which the presence of Chinese laborers has given rise in certain parts of the United States, desires to prohibit the emigration of such laborers from China to the United States; And whereas the two Governments desire to coöperate in prohib- Sec. 2164) 1325 Tit. 29-IMMIGRATION. iting such emigration, and to strengthen in other ways the bonds of friendship between the two countries; And whereas the two Governments are desirous of adopting recip- rocal measures for the better protection of the citizens or subjects of each within the jurisdiction of the other; Now, therefore, the President of the United States has appointed Walter Q. Gresham, Secretary of State of the United States, as his Plenipotentiary, and His Imperial Majesty, the Emperor of China has appointed Yang Yü, Officer of the second rank, Sub-Director of the Court of Sacrificial Worship, and Envoy Extraordinary and Minister Plenipotentiary to the United States of America, as his Plenipoten- tiary; and the said Plenipotentiaries having exhibited their respective Full Powers found to be in due and good form, have agreed upon the following articles : This convention was signed at Washington March 17, 1894; ratifica- tion advised by the Senate Aug. 13, 1894; ratified by the President Aug. 22, 1894; ratifications exchanged at Washington Dec. 7, 1894; and ratification proclaimed Dec. 8, 1894. Coming of Chinese laborers to United States to be prohibited. Article I. The High Contracting Parties agree that for a period of ten years, beginning with the date of the exchange of the ratifications of this Convention, the coming, except under the conditions herein- after specified, of Chinese laborers to the United States shall be abso- lutely prohibited. The coming of Chinese laborers to the United States was suspended for a period of ten years by Act May 6, 1882, c. 126, as amended by Act July 5, 1881, c. 220; the entrance of any Chinese person was de- clared unlawful, except as therein provided, by Act Sept. 3, 1888, C. 1015, supplemented by Act Oct. 1, 1888, c. 1064; and the laws in force on the subject were continued for a period of ten years by Act May 5, 1892, c. 60,--all set forth above. Preceding article not to apply to return to United States of certain laborers; certificates of right to return; limitation of time for return. Article II. The preceding Article shall not apply to the return to the United States of any registered Chinese laborer who has a lawful wife, child, or parent in the United States, or property therein of the value of one thousand dollars, or debts of like amount due him and pending settlement. Nevertheless every such Chinese laborer shall, before leaving the United States, deposit, as a condition of his re- turn, with the collector of customs of the district from which he departs, a full description in writing of his family, or property, or debts, as aforesaid, and shall be furnished by said collector with such certificate of his right to return under this Treaty as the laws of the United States may now or hereafter prescribe and not inconsistent with the provisions of this Treaty; and should the written description aforesaid be proved to be false, the right of return thereunder, or of continued residence after return, shall in each case be forfeited. And such right of return to the United States 'shall be exercised within one year from the date of leaving the United States; but such right of return to the United States may be extended for an additional pe- 1326 (Sec. 2164 Tit. 29— IMMIGRATION. -- riod, not to exceed one year, in cases where by reason of sickness or other cause of disability beyond his control, such Chinese laborer shall be rendered unable sooner to return-which facts shall be fully reported to the Chinese consul at the port of departure, and by him certified, to the satisfaction of the collector of the port at which such Chinese subject shall land in the United States. And no such Chinese laborer shall be permitted to enter the United States by land or sea without producing to the proper officer of the customs the return certificate herein required. Provisions for return of Chinese laborers under conditions similar to those prescribed by this article, and relating to certificates, time for return, etc., are contained in Act Sept. 13, 1888, c. 1015, $$ 6, 7, set forth above. Classes of Chinese permitted to enter; privilege of transit of laborers. Article III. The provisions of this Convention shall not affect the right at present enjoyed of Chinese subjects, being officials, teachers, students, merchants or travellers for curiosity or pleasure, but not laborers, of coming to the United States and residing therein. To entitle such Chinese subjects as are above described to admission into the United States, they may produce a certificate from their Government or the Government where they last resided vised by the diplomatic or consular representative of the United States in the country or port whence they depart. It is also agreed that Chinese laborers shall continue to enjoy the privilege of transit across the territory of the United States in the course of their journey to or from other countries, subject to such regulations by the Government oi the United States as may be neces- sary to prevent said privilege of transit from being abused. Provisions for the coming to the United States of Chinese other than laborers, and for certificates of identity of such persons, are contained in Act May 6, 1882, c. 126, $ 6, as amended by Act July 5, 1884, c. 220, and Act Sept. 13, 1888, c. 1015, $ 2, set forth above. The words "laborer" and "merchant” as used in those acts, are de- fined in Act Nov. 3, 1893, c. 14, § 2, set forth above. Protection of Chinese in United States. Article IV. In pursuance of Article III of the Immigration Treaty between the United States and China, signed at Peking on the 17th day of November, 1880, (the 15th day of the tenth month of Kwanghsü, sixth year) it is hereby understood and agreed that Chi- nese laborers or Chinese of any other class, either permanently or temporarily residing in the United States, shall have for the protec- tion of their persons and property all rights that are given by the laws of the United States to citizens of the most favored nation, ex- cepting the right to become naturalized citizens. And the Govern- ment of the United States reaffirms its obligation, as stated in said Article III, to exert all its power to secure protection to the persons and property of all Chinese subjects in the United States. Article III of the treaty of November 17, 1880, 22 Stat. 820, referred to in this article, is as follows: "If Chinese laborers, or Chinese of any other class, now either permanently or temporarily residing in the terri- tory of the United States, meet with ill-treatment at the hands of any Sec. 2164) 1327 Tit. 29– IMMIGRATION. other persons, the Government of the United States will exert all its power to devise measures for their protection and to secure to them the same rights, privileges, immunities, and exemptions as may be enjoyed by the citizens or subjects of the most favored nation, and to which they are entitled by treaty." Registration of Chinese laborers in United States, and of citizens of United States in China. Article V. The Government of the United States, having by an Act of the Congress, approved May 5, 1892, as amended by an Act approved November 3, 1893, required all Chinese laborers lawfully within the limits of the United States before the passage of the first named Act to be registered as in said Acts provided, with a view of affording them better protection, the Chinese Government will not object to the enforcement of such acts, and reciprocally the Govern- ment of the United States recognizes the right of the Government of China to enact and enforce similar laws or regulations for the registration, free of charge, of all laborers, skilled or unskilled, (not merchants as defined by said Acts of Congress), citizens of the United States in China, whether residing within or without the treaty ports. And the Government of the United States agree that within twelve months from the date of the exchange of the ratifications of this Convention, and annually, thereafter, it will furnish to the Govern- ment of China registers or reports showing the full name, age, occu- pation and number or place of residence of all other citizens of the United States, including missionaries, residing both within and with- out the treaty ports of China, not including, however, diplomatic and other officers of the United States residing or travelling in China upon official business, together with their body and household servants. Act May 5, 1892, c. 60, § 6, as amended by Act Nov. 3, 1893, c. 14, is set forth above. Time convention to remain in force; notice of termination. Article VI. This Convention shall remain in force for a period of ten years beginning with the date of the exchange of ratifications, and, if six months before the expiration of the said period of ten years, neither Government shall have formally given notice of its final termination to the other, it shall remain in full force for another like period of ten years. ACT MARCH 3, 1901, c. 845. An Act Supplementary to an Act Entitled "An Act to Prohibit the Coming of Chinese Persons into the United States,” Approved May Fifth, Eighteen Hundred and Ninety-Two, and Fixing the Compensation of Commissioners in Such Cases. (31 Stat. 1093.) ) Commissioner for hearing on arrest of Chinese person unlawfully in United States. Be it enacted, etc., That it shall be lawful for the district attorney of the district in which any Chinese person may be arrested for being found unlawfully within the United States, or having unlawfully entered the United States, to designate the United States commis- 1328 (Sec. 2164 Tit. 29-IMMIGRATION. sioner within such district before whom such Chinese person shall be taken for hearing. Act March 3, 1901, c. 845, § 1, 31 Stat. 1093. The removal of Chinese persons unlawfully within the United States is provided for, and proceedings thereon are regulated, by Act Sept. 13, 1888, c. 1015, $13, and Act May 5, 1892, c. 60, $$ 2, 3, set forth above. Fees of commissioners in cases under Chinese exclusion laws. Sec. 2. Tliat a United States commissioner shall be entitled to receive a fee of five dollars for hearing and deciding a case arising under the Chinese-exclusion laws. Act March 3, 1901, c. 845, $ 2, 31 Stat. 1093. Warrants of arrest for violations of Chinese exclusion laws. Sec. 3. That no warrant of arrest for violations of the Chinese- exclusion laws shall be issued by United States commissioners ex- cepting upon the sworn complaint of a United States district attor- ney, assistant United States district attorney, collector, deputy col- lector, or inspector of customs, immigration inspector, United States marshal, or deputy United States marshal, or Chinese inspector, un- less the issuing of such warrant of arrest shall first be approved or requested in writing by the United States district attorney of the district in which issued. Act March 3, 1901, c. 845, $ 3, 31 Stat. 1093. Time of taking effect of act. Sec. 4. That this Act shall take effect immediately. Act March 3, 1901, c. 845, $ 4, 31 Stat. 1093. TITLE XXX NATURALIZATION. Sec. Sec. 2165. Aliens, how naturalized. Aliens honorably discharged from 1. Declaration of intention. service in Navy or Marine Corps. 2. Oath to support the Constitution 2167. Minor residents. of the United States. 2168. Widow and children of declar- 3. Residence in United States, or ants. States, and good moral char- 2169. Aliens of African nativity and de- acter. scent. 4. Titles of nobility to be renounced. Act May 6, 1882, c. 126, $ 14. 5. Persons residing in the United Chinese not to be naturalized. States before January 29, 1795. 2170. Residence of five years in United 6. Persons residing between June States. 18, 1798, and June 18, 1812. 2171. Alien enemies not admitted. Act Feb. 1, 1876, c. 5. 2172. Children of persons naturalized Declaration of intention, before under certain laws to be citi- whom taken. zens. 2166. Aliens honorably discharged from 2173. Police court of District of Co- military service. lumbia has no power to natural- Act July 26, 1894, c. 165. ize foreigners. 2174. Naturalization of seamen. Sec. 2165. Aliens, how naturalized. An alien may be admitted to become a citizen of the United States a in the following manner, and not otherwise: Declaration of intention. First. He sliall declare on oath, before a circuit or district court of the United States, or a district or supreme court of the Territo- ries, or a court of record of any of the States having common-law jurisdiction, and a seal and clerk, two years, at least, prior to his admission, that it is bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and, particu- larly, by name, to the prince, potentate, state, or sovereignty of which the alien may be at the time a citizen or subject. Act April 14, 1802, c. 28, $$ 1, 3, 2 Stat. 153, 155. Act May 26, 1824, c. 186, § 4, 4 Stat. 69. This subsection is amended by Act Feb. 1, 1876, c. 5, § 1, set forth at the end of this section, which provides that the required declaration may be made before the clerk of any of the courts named, and by legalizing declarations previously made before any such clerks. Oath to support the Constitution of the United States. Second. He shall, at the time of his application to be admitted, de- clare, on oath, before some one of the courts above specified, that he LAWS '01-84 (1329) 1330 (Sec. 2165 Tit. 30-NATURALIZATION. will support the Constitution of the United States, and that he abso- lutely and entirely renounces and abjures all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty; and, particu- larly, by name, to the prince, potentate, state, or sovereignty of which he was before a citizen or subject; which proceedings shall be re- corded by the clerk of the court. Act April 14, 1802, c. 28, § 1, 2 Stat. 153. Residence in United States, or States, and good moral character. Third. It shall be made to appear to the satisfaction of the court admitting such alien that he has resided within the United States five years at least, and within the State or Territory where such court is at the time held, one year at least; and that during that time he has behaved as a man of a good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same; but the oath of the applicant shall in no case be allowed to prove his residence. Titles of nobility to be renounced. Fourth. In case the alien applying to be admitted to citizenship has borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from which he came, he shall, in addition to the above requisites, make an express renunciation of his title or order of nobility in the court to which his application is made, and his renunciation shall be recorded in the court. Persons residing in the United States before January 29, 1795. Fifth. Any alien who was residing within the limits and under the jurisdiction of the United States before the twenty-ninth day of Jan- uary, one thousand seven hundred and ninety-five, may be admitted to become a citizen, on due proof made to some one of the courts above specified, that he has resided two years, at least, within the jurisdiction of the United States, and one year, at least, immediately preceding his application, within the State or Territory where such court is at the time held; and on his declaring on oath that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and, particularly, by name, to the prince, potentate, state, or sovereignty whereof he was before a citizen or subject; and, also, on its appearing to the satis- faction of the court, that during such term of two years he has be- haved as a man of good inoral character, attached to the Constitution of the United States, and well disposed to the good order and happi- ness of the same; and where the alien, applying for admission to citizenship, has borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from which he came, on his, moreover, making in the court an express renunciation of his title or order of nobility. All of the proceedings, required in this condition to be performed in the court, shall be recorded by the clerk thereof. Persons residing between June 18, 1798, and June 18, 1812. Sixth. Any alien who was residing within the limits and under the Secs. 2165-2166) 1331 Tit. 30-NATURALIZATION. jurisdiction of the United States, between the eighteenth day of June, one thousand seven hundred and ninety-eight, and the eighteenth day of June, one thousand eight hundred and twelve, and who has contin- ued to reside within the same, may be admitted to become a citizen of the United States without having made any previous declaration of his intention to become such; but whenever any person, without a certificate of such declaration of intention, makes application to be admitted a citizen, it must be proved to the satisfaction of the court, that the applicant was residing within the limits and under the juris- diction of the United States before the eighteenth day of June, one thousand eight hundred and twelve, and has continued to reside within the same; and the residence of the applicant within the limits and under the jurisdiction of the United States, for at least five years immediately preceding the time of such application, must be proved by the oath of citizens of the United States, which citizens shall be named in the record as witnesses; and such continued residence within the limits and under the jurisdiction of the United States, when satisfactorily proved, and the place where the applicant has resided for at least five years, shall be stated and set forth, together with the names of such citizens, in the record of the court admitting the appli- cant; otherwise the same shall not entitle him to be considered and deemed a citizen of the United States. Act March 22, 1816, c. 32, § 2, 3 Stat. 259. Act May 24, 1828, c. 116, $ 2, 4 Stat. 310. No provision is made in the fee bill for the fees of the clerks of the various courts for the performance of the various acts required by this title. See Rev. St. & 828, and note under that section. False swearing in any oath or affidavit under any law relating to nat- uralization of aliens is punishable by Rev. St. § 5395. ACT FEB. 1, 1876, c. 5. An Act to Amend the Revised Statutes relating to Naturalization. (19 Stat. 2.) Declaration of intention, before whom taken. Be it enacted, &c., That the declaration of intention to become a citizen of the United States, required by section two thousand one hundred and sixty-five of the Revised Statutes of the United States, may be made by an alien before the clerk of any of the courts named in said section two thousand one hundred and sixty-five; and all such declarations heretofore made before any such clerk are hereby declared as legal and valid as if made before one of the courts named in said section. Act Feb. 1, 1876, c. 5, 19 Stat. 2. Sec. 2166. Aliens honorably discharged from military service. Any alien, of the age of twenty-one years and upward, who has enlisted, or may enlist, in the armies of the United States, either the regular or the volunteer forces, and has been, or may be hereafter, honorably discharged, shall be admitted to become a citizen of the 1332 (Secs. 2166-2168 Tit. 30—NATURALIZATION. United States, upon his petition, without any previous declaration of his intention to become such; and he shall not be required to prove more than one year's residence within the United States previous to his application to become such citizen; and the court admitting such alien shall, in addition to such proof of residence and good moral character, as now provided by law, be satisfied by competent proof of such person's having been honorably discharged from the service of the United States. Act July 17, 1862, c. 200, $ 21, 12 Stat. 597. ACT JULY 26, 1894, c. 165. Aliens honorably discharged from service in Navy or Marine Corps. * * Any alien of the age of twenty-one years and upward who has enlisted or may enlist in the United States Navy or Marine Corps, and has served or may hereafter serve five consecutive years in the United States Navy or one enlistment in the United States Marine Corps, and has been or may hereafter be honorably dischar- ged, shall be admitted to become a citizen of the United States upon his petition, without any previous declaration of his intention to be- come such; and the court admitting such alien shall, in addition to proof of good moral character, be satisfied by competent proof of such person's service in and honorable discharge from the United States Navy or Marine Corps: * * Act July 26, 1894, c. 165, 28 Stat. 124. This is a provision of the naval appropriation act for the fiscal year ending June 30, 1895, cited above. Sec. 2167. Minor residents. Any alien, being under the age of twenty-one years, who has resided in the United States three years next preceding his arriving at that age, and who has continued to reside therein to the time he may make application to be admitted a citizen thereof, may, after he arrives at the age of twenty-one years, and after he has resided five years within the United States, including the three years of his minority, be admitted a citizen of the United States, without having made the declaration required in the first condition of section twenty- one hundred and sixty-five; but such alien shall make the declaration required therein at the time of his admission; and shall further de- clare, on oath, and prove to the satisfaction of the court, that, for two years next preceding, it has been his bona-fide intention to be- come a citizen of the United States; and he shall in all other respects comply with the laws in regard to naturalization. Act May 26, 1824, c. 186, § 1, 4 Stat. 69. Sec. 2168. Widow and children of declarants. When any alien, who has complied with the first condition specified in section twenty-one hundred and sixty-five, dies before he is ac- Secs. 2168–2171) 1333 Tit. 30— NATURALIZATION. tually naturalized, the widow and the children of such alien shall be considered as citizens of the United States, and shall be entitled to all rights and privileges as such, upon taking the oaths proscribed by law. Act March 26, 1804, c. 47, § 2, 2 Stat. 293. The word "proscribed," in this section, should undoubtedly be "pre- scribed.” It is evidently an error in the enrollment of the act. Sec. 2169. [As amended 1875.] Aliens of African nativity and descent. The provisions of this Title shall apply to aliens being free white persons, and to aliens of African nativity and to persons of African descent. Act July 14, 1870, c. 254, § 7, 16 Stat. 256. Act Feb. 18, 1875, c. 80, 18 Stat. 318. This section is amended by Act Feb. 18, 1875, c. 80, cited above, by inserting after the words "The provisions of this Title shall apply to aliens” the words "being free white persons, and to aliens," as set forth here. ACT MAY 6, 1882, c. 126, § 14. Chinese not to be naturalized. That hereafter no State court or court of the United States shall admit Chinese to citizenship; and all laws in conflict with this act are hereby repealed. Act May 6, 1882, c. 126, § 14, 22 Stat. 61. Sec. 2170. Residence of five years in United States. No alien shall be admitted to become a citizen who has not for the continued term of five years next preceding his admission resided within the United States. Act March 3, 1813, c. 42, § 12, 2 Stat. 811. Sec. 2171. Alien enemies not admitted. No alien who is a native citizen or subject, or a denizen of any country, state, or sovereignty with which the United States are at war, at the time of his application, shall be then admitted to become a citizen of the United States; but persons resident within the United States, or the Territories thereof, on the eighteenth day of June, in the year one thousand eight hundred and twelve, who had before that day made a declaration, according to law, of their intention to become citizens of the United States, or who were on that day enti- tled to become citizens without making such declaration, may be admitted to become citizens thereof, notwithstanding they were alien enemies at the time and in the manner prescribed by the laws heretofore passed on that subject; nor shall anything herein con- tained be taken or construed to interfere with or prevent the appre- 1334 (Secs. 2172-2174 Tit. 30% NATURALIZATION. hension and removal, agreeably to law, of any alien enemy at any time previous to the actual naturalization of such alien. Act April 14, 1802, c. 28, § 1, 2 Stat. 153. Act July 30, 1813, c. 36, 3 Stat. 53. Sec. 2172. Children of persons naturalized under certain laws to be citizens. The children of persons who have been duly naturalized under any law of the United States, or who, previous to the passing of any law on that subject, by the Government of the United States, may have become citizens of any one of the States, under the laws thereof, being under the age of twenty-one years at the time of the naturaliza- tion of their parents, shall, if dwelling in the United States, be con- sidered as citizens thereof; and the children of persons who now are, or have been, citizens of the United States, shall, though born out of the limits and jurisdiction of the United States, be considered as citizens thereof; but no person heretofore proscribed by any State, or who has been legally convicted of having joined the army of Great Britain during the Revolutionary War, shall be admitted to become a citizen without the consent of the legislature of the State in which such person was proscribed. Act April 14, 1802, c. 28, § 4, 2 Stat. 155. Sec. 2173. Police court of District of Columbia has no power to naturalize for- eigners. The police court of the District of Columbia shall have no power to naturalize foreigners. Act June 17, 1870, c. 133, § 5, 16 Stat. 154. Sec. 2174. Naturalization of seamen. Every seaman, being a foreigner, who declares his intention of becoming a citizen of the United States in any competent court, and shall have served three years on board of a merchant-vessel of the United States subsequent to the date of such declaration, may, on his application to any competent court, and the production of his certifi- cate of discharge and good conduct during that time, together with the certificate of his declaration of intention to become a citizen, be admitted a citizen of the United States; and every seaman, being a foreigner, shall, after his declaration of intention to become a citizen of the United States, and after he shall have served such three years, be deemed a citizen of the United States for the purpose of manning and serving on board any merchant-vessel of the United States, any- thing to the contrary in any act of Congress notwithstanding; but such seaman shall, for all purposes of protection as an American citizen, be deemed such, after the filing of his declaration of intention to become such citizen. Act June 7, 1872, c. 322, & 29, 17 Stat. 268. TITLE XXXI. THE CENSUS. . Sec. Sec. 2175-2206. [Superseded.] perjury, making false certifi- Act March 3, 1899, c. 419. cate, etc., punishable. 1. Census to be taken. 22. Persons required to answer ques- 2. Census Office; Director, salary; tions; refusal punishable. Assistant Director, salary; per- 23. Enforcement of fines and penal- manent bureau not established. ties. 3. Assistant Director to act in ab 24. Expenditures to be authorized by sence of Director. Director. 4. Chief statisticians, chief clerk, dis- 25. Printing of blanks, bulletins, etc., bursing clerk, etc. to be done in Census Office. 5. Appointment of chief clerk, statis- 26. Use of tabulating devices. ticians, etc.; transfers from de- 27. Free transmission of official mail partmental service. matter; illegal use of envelopes 6. Collection of information. punishable. 7. Scope of Twelfth Census; sched- 28. Departments to furnish informa- ules, contents; what volumes to tion. be published; reports, contents. 29. Use of records, property, etc., of 8. Special statistics, how collected; Eleventh Census. scope and publication. 30. Population returns to be furnis- 9. Supervisors; number; appoint- ed States, etc. ment; districts. 31. Seal for Census Office. 10. Duties of supervisors; employ- 32. Appropriation; estimates. ment of enumerators; special 33. Repeal. agents; removal of supervisors. Act Feb. 1, 1900, c. 7. 11. Compensation of supervisors; 1. Additional employés; collection traveling expenses; clerk hire. of statistics of deaf, dumb, and 12. Duties of enumerators. blind; compensation of super- 13. Assignment of enumerators visors and enumerators; pur- subdivisions. chase of books, etc. 14. Removal of enumerators; re- 2. Statistics of live stock. enumeration. 3. Death of supervisor or enumer- 15. Interpreters; compensation. ator; payment of compensation 16. Compensation of enumerators; to widow or legal representa- mileage. tive. 17. Special agents; authority; com- Act May 10, 1900, c. 389. pensation. 1. Superintendent of printing for 18. Oath of supervisors, clerks, enu- Census printing office; em- merators, etc.; employment with ployés. reference to fitness. 2. Chief clerk to act as superintend- 19. Enumeration; when to commence, ent of buildings. and when to be completed. 3. Salary of Director increased. 20. Receiving compensation for secur- 4. Additional compensation of su- ing appointments prohibited; pervisors. penalty. Act June 2, 1900, c. 615. 21. Neglect of duties or communica- 1. Additional bond of disbursing tion of information by employés, clerk. (1335) 1336 (Secs. 2175-2206 Tit. 31— THE CENSUS. Sec. 2. Salary of disbursing clerk increas- ed. 3. Chief clerk to serve as Acting Di- rector, when. Act June 6, 1900, c. 791, $ 1. Salary of appointment clerk. Sec. Act Feb. 23, 1901, c. 466. 1. Payment to enumerators for re- turns concerning cotton gins. 2. Payment of of accounts without verification. 3. Leaves of absence to employés. Secs. 2175-2206. [Superseded. Act March 3, 1899, c. 419.] This title of the Revised Statutes incorporated provisions of acts for taking previous censuses, principally Act May 23, 1850, c. 11, 9 Stat. 432. It was made applicable to any subsequent census, unless otherwise provided, by the first section of the Title, as follows: "Sec. 2175. If no other law be passed providing for the taking of any subsequent census of the United States, on or before the first day of January of any year, when, by the Constitution of the United States, any future enumeration of the inhabitants thereof is required to be taken, such census shall, in all things, be taken and completed according to the provisions of this Title." The entire title was superseded by Act March 3, 1879, c. 195, 20 Stat. 473, entitled "An Act to Provide for Taking the Tenth and Subsequent Censuses,” which made similar provisions for the Tenth Census, and the last section of which section 24, 20 Stat. 481) repealed all laws and parts of laws inconsistent with the provisions of the act, and provided that "all censuses subsequent to the Tenth Census shall be taken in accordance with the provisions of this act, unless Congress shall hereafter otherwise provide." But that act was in like manner superseded by Act March 1, 1889, c. 319, entitled "An Act to Provide for Taking the Eleventh and Subsequent Censuses,” 25 Stat. 760, the last section of which (section 25, 25 Stat. 767) expressly repealed Act March 3, 1879, c. 195, and all laws and parts of laws inconsistent with its own provisions, and provided that “all censuses subsequent to the Eleventh Census shall be taken in accordance with the provisions of this act, unless Congress shall here- after otherwise provide.” That act was in turn superseded by Act March 3, 1899, c. 419, 30 Stat. 1014, entitled "An Act to Provide for Taking the Twelfth and Subsequent Censuses," the last section of which (section 33, 30 Stat. 1021) expressly repealed Act March 1, 1889, c. 319, and all laws and parts of laws inconsistent with its own provisions; but this latest act, unlike the previous acts mentioned, contains no provision relat- ing to subsequent censuses, and, by a proviso to section 2 thereof, “noth- ing herein contained shall be construed to establish a Census Bureau permanent beyond the Twelfth Census”. (30 Stat. 1014). This act is, therefore, the only act in force relative to the taking of censuses, and, although it purports to provide only for the taking of the Twelfth Cen- sus, it is inserted here as a substitute for the provisions of Rev. St. $$ 2175-2206. ACT MARCH 3, 1899, c. 419. An Act to Provide for Taking the Twelfth and Subsequent Censuses. (30 Stat. 1014.) Census to be taken. Be it enacted, &c., That a census of the population, of deaths, and of the manufacturing, mechanical, and agricultural products of the United States shall be taken in the year nineteen hundred, and once every ten years thereafter. Act March 3, 1899, c. 419, § 1, 30 Stat. 1014. The provision in this section requiring the taking of a census every Secs. 2175-2206) 1337 Tit. 31—THE CENSUS. ten years is merely declaratory of the constitutional provision which re- quires a census to be taken "within every subsequent term of ten years, in such manner as they [Congress] shall by law direct." Const. art. 1, $ 2, cl. 18. a Census Office; Director, salary; Assistant Director, salary; permanent bureau not established. Sec. 2. That there shall be established in the Department of the Interior a Census Office, the chief officer of which shall be denominated the Director of the Census. It shall be his duty to superintend and direct the taking of the Twelfth Census of the United States, in ac- cordance with the laws relating thereto, and to perform such other duties as may be required of him by law. The Director of the Census shall be appointed, as soon as practicable after the passage of this Act, by the President, by and with the advice and consent of the Senate, and shall receive an annual salary of six thousand dollars; and there shall also be an Assistant Director of the Census, to be appointed in like manner, who shall be an experienced practical stat- istician, and shall receive an annual salary of four thousand dollars : Provided, That nothing herein contained shall be construed to estab- lish a census bureau permanent beyond the Twelfth Census. Act March 3, 1899, c. 419, $ 2, 30 Stat. 1014. The salary of the Director is increased to $7,500 per annum by Act May 10, 1900, c. 389, § 3, set forth below. The chief clerk is authorized to serve as Acting Director in the absence of the Director and Assistant Director by Act June 2, 1900, c. 615, $ 3, set forth below. Assistant Director to act in absence of Director. Sec. 3. That during the absence of the Director of the Census, or when the office of Director shall become vacant, the Assistant Direct- or shall perform the duties of the Director. Act March 3, 1899, c. 419, § 3, 30 Stat. 1014. See note under section 2 of this act. Chief statisticians, chief clerk, disbursing clerk, etc. Sec. 4. That there shall also be in the Census Office, to be appointed by the Director thereof in the manner hereinafter specified, five chief statisticians, who shall be persons of known and tried experience in statistical work, at an annual salary of three thousand dollars each ; a chief clerk, one disbursing clerk, and one geographer, at an annual salary of two thousand five hundred dollars each; five expert chiefs of division and two stenographers, at an annual salary of two thou- sand dollars each; ten clerks of class four, fifteen clerks of class three, twenty clerks of class two, and such number of clerks of class one, and of clerks, copyists, computers, and skilled laborers, with salaries at the rate of not less than six hundred dollars nor more than one thousand dollars per annum, to be appointed from to time, as may be found necessary for the proper and prompt performance of the duties herein required to be undertaken. The disbursing clerk herein provided for shall, before entering upon his duties, give bond to the Secretary of the Treasury in the sum of fifty thousand dollars. which bond shall be conditioned that the 'said officer shall render a true and faithful account to the proper accounting officers of the 1338 (Secs. 2175-2206 Tit. 31—THE CENSUS. Treasury, quarter-yearly, of all moneys and properties which shall be received by him by virtue of his office, with sureties to be ap- proved by the Solicitor of the Treasury. Such bond shall be filed in the office of the Secretary of the Treasury, to be by him put in suit upon any breach of the conditions thereof. The Director of the Census may also appoint one captain of the watch, at a salary of eight hundred and forty dollars per annum; two messengers, and such number of watchmen, assistant messengers, and laborers, at salaries of six hundred dollars each per annum; messen- ger boys, at salaries of four hundred dollars each per annum; and char-women, at salaries of two hundred and forty dollars each per annum, as may be necessary to carry out the provisions of this Act. Act March 3, 1899, c. 419, $ 4, 30 Stat. 1014. The Director of the Census is authorized to appoint and employ, as the necessity thereof may arise, one purchasing agent, at a salary of $2,500; two chiefs of division, at a salary of $2,000, each; five clerks of class 4, six clerks of class 3, and eight clerks of class 2, and such ad- ditional special agents as may be necessary for certain purposes, by Act Feb. 1, 1900, c. 7, § 1, set forth below. The employment of a superintendent of printing, and other persons to perform work in the Census Printing Office, is authorized by Act May 10, 1900, c. 389, § 1, set forth below. The chief clerk is made superintendent of buildings, by Act May 10, 1900, c. 389, § 2, set forth below. An additional bond is required of the disbursing clerk by Act June 2, 1900, c. 615, § 1, set forth below. The salary of the disbursing clerk is increased to $3,000 per annum by Act June 2, 1900, c. 615, $ 2, set forth below. The chief clerk is authorized to serve as Acting Director in the ab- sence of the Director and Assistant Director, by Act June 2, 1900, c. 615, $ 3, set forth below. Appointment of chief clerk, statisticians, etc.; transfers from depart- mental service. Sec. 5. That the chief clerk and the chief statisticians provided for in section four of this Act, and all other employees authorized by this Act below the Assistant Director of the Census, shall be appoint- ed by the Director of the Census, subject to such examination as said Director may prescribe: Provided, That no examination shall be re- quired in the case of enumerators or special agents, nor of employees below the grade of skilled laborers at six hundred dollars per an- num. And provided further, That employees in existing branches of the departmental service, whose services may be specially desired by the Director of the Census, not exceeding six in all, may be trans- ferred without examination, and at the end of such service the em- ployees so transferred shall be eligible to appointment in any de- partment without additional examination, when vacancies exist. Act March 3, 1899, c. 419, § 5, 30 Stat. 1015. Collection of information. Sec. 6. That the collection of the information required by this Act shall be made under the direction of the Director of the Census, by supervisors, enumerators, and special agents, as hereinafter provided. Act March 3, 1899, c. 419, $ 6, 30 Stat. 1015. Secs. 2175-2206) 1339 Tit. 31—THE CENSUS. Scope of Twelfth Census; schedules, contents; what volumes to be published; reports, contents. Sec. 7. That the Twelfth Census shall be restricted to inquiries re- lating to the population, to mortality, to the products of agriculture and of manufacturing and mechanical establishments. The sched- ules relating to the population shall comprehend for each inhabitant the name, age, color, sex, conjugal condition, place of birth, and place of birth of parents, whether alien or naturalized, number of years in the United States, occupation, months unemployed, literacy, school attendance, and ownership of farms and homes; and the Di- rector of the Census may use his discretion as to the construction and form and number of inquiries necessary to secure information under the topics aforesaid. The mortality schedules shall compre- hend for each decedent the name, sex, color, age, conjugal condition, place of birth, and birthplace of parents, occupation, cause and date of death, and, if born within the census year, the date of birth. The form and arrangement of the schedule and the specific questions necessary to secure the information required shall be in the discretion of the Director. The schedules relating to agriculture shall compre- hend the following topics: Name of occupant of each farm, color of occupant, tenure, acreage, value of farm and improvements, acre- age of different products, quantity and value of products, and num- ber and value of live stock. All questions as to quantity and value of crops shall relate to the year ending December thirty-first next preceding the enumeration. The specific form and division of in- quiries necessary to secure information under the foregoing topics shall be in the discretion of the Director of the Census. The sched- ules of inquiries relating to the products of manufacturing and me- chanical establishments shall embrace the name and location of each establishment; character of crganization, whether individual, co- operative, or other form; date of commencement of operations; character of business or kind of goods manufactured; amount of capital invested; number of proprietors, firm members, copartners, or officers, and the amount of their salaries; number of employees and the amount of their wages; quantity and cost of materials used in manufactures; amount of miscellaneous expenses; quantity and value of products; time in operation during the census year; char- acter and quantity of power used, and character and number of ma- chines employed. The form and subdivision of inquiries nec to secure the information under the foregoing topics relating to man- ufacturing and mechanical industries shall be in the discretion of the Director of the Census. The information collected shall be of and for the fiscal year of such corporations or establishments having its termination nearest to and preceding the first of June, nineteen hun- dred. Whenever he shall deem it expedient, the Director of the Census may withhold the schedules for said manufacturing and me- chanical statistics from the enumerators of the several subdivisions in any or all cases, and may charge the collection of these statistics upon special agents, to be employed without respect to locality. In cities or States where an official registration of deaths is maintained the Director of the Census may, in his discretion, withhold the mor- 1340 (Secs. 2175-2206 Tit. 31—THE CENSUS. tality schedule from the several enumerators within such cities or States, and may obtain the information required by this Act through official records, paying therefor such sum of money as may be found necessary, not exceeding two cents for each death thus returned. The Director of the Census is also authorized and directed to make suitable provisions for the enumeration of the population and products of Alaska and the Hawaiian Islands, for which purpose he may em- ploy supervisors and enumerators or special agents as he may deem necessary. The only volumes that shall be prepared and published in connection with the Twelfth Census, except the Special Reports hereinafter provided for, shall relate to population, mortality and vital statistics, the products of agriculture, and of manufacturing and imechanical establishments, as above mentioned, and shall be des- ignated as and constitute the Census Reports, which said reports shall be published not later than the first day of July, nineteen hundred and two. The report upon population shall include a series of separate tables for each State, giving by counties the number of male persons below and above the age of twenty one years, their color, whether native or foreign born, whether naturalized or not, and their literacy or illiteracy. All terms expressing weight, measure, distance, or value shall be expressed in the terms of the English language as spoken in this country. Act March 3, 1899, C. 419, § 7, 30 Stat. 1015, 1016. The collection of statistics of the deaf, dumb, and blind is authorized by Act Feb. 1, 1900, c. 7, § 1, set forth below. The taking of statistics of live stock is authorized by Act Feb. 1, 1900, c. 7, § 2, set forth below. Special statistics, how collected; scope and publication. Sec. 8. That after the completion and return of the enumeration and of the work upon the schedules relating to the products of agri- culture and to manufacturing and mechanical establishments provided for in section seven of this Act, the Director of the Census is hereby authorized to collect statistics relating to special classes, including the insane, feeble-minded, deaf, dumb, and blind; to crime, pauper- ism, and benevolence, including prisoners, paupers, juvenile delin- quents, and inmates of benevolent and reformatory institutions; to deaths and births in registration areas; to social statistics of cities; to public indebtedness, valuation, taxation, and expenditures; to re- ligious bodies; to electric light and power, telephone and telegraph business; to transportation by water, express business, and street railways; to mines, mining and minerals, and the production and value thereof, including gold, in divisions of placer and vein, and silver mines, and the number of men employed, the average daily wage, average working time and aggregate earnings in the various branches and aforesaid divisions of the mining industry: Provided, That the reports herein authorized relating to mines, mining, and minerals shall be published on or before July first, anno Domini nine- teen hundred and three. And the Director of the Census shall pre- pare schedules containing such interrogatories as shall in his judg- ment be best adapted to elicit the information required under these subjects, with such specifications, divisions, and particulars under Secs. 2175-2206) 1341 Tit. 31- THE CENSUS. each head as he shall deem necessary to that end. For the purpose of securing the statistics required by this section, the Director of the Census may appoint special agents when necessary, and such special agents shall receive compensation as hereinafter provided. The sta- tistics of deaths and births provided for in this section shall be obtained from, and restricted to, the registration records of such States and municipalities as possess records affording satisfactory data in necessary detail, in the discretion of the Director, the com- pensation for the transcription of which shall not exceed two cents for each birth or death reported. The statistics of special classes, and of crime, pauperism, and benevolence specified in this section shall be restricted to institutions containing such classes: Provided, That at the time of the census enumeration the data relating to these classes may, in the discretion of the Director of the Census, be collected by the enumerators of such institutions, who shall receive compensation therefor at rates not exceeding, in per capita districts, five cents for each name enumerated and returned. The collection of statistics authorized by this section shall be made at such time or times and in such manner as will not interfere with nor delay the rapid completion of the census reports provided for in section seven of this Act, and all reports prepared under the provisions of this section shall be des- ignated as “Special Reports of the Census Office.” Act March 3, 1899, c. 419, $ 8, 30 Stat. 1016. Supervisors; number; appointment; districts. Sec. 9. That the Director of the Census shall, at least six months prior to the date fixed for commencing the enumeration at the Twelfth and each succeeding decennial census, designate the number, whether one or more, of supervisors of census to be appointed within each State and Territory, the District of Columbia, Alaska, and the Hawaiian Islands, who shall be appointed by the President, by and with the ad- vice and consent of the Senate: Provided, That the whole number of such supervisors shall not exceed three hundred: And provided further, That wherever practicable and desirable the boundaries of the supervisors' districts shall conform to the boundaries of Con- gressional districts. Act March 3, 1899, c. 419, § 9, 30 Stat. 1017. Duties of supervisors; employment of enumerators; special agents; removal of supervisors, Sec. 10. That each supervisor of census shall be charged with the performance, within his own district, of the following duties: To con- sult with the Director of the Census in regard to the division of his district into subdivisions most convenient for the purpose of the enumeration, which subdivisions shall be declared and the boundaries thereof fixed by the Director of the Census; to designate to the Di- rector suitable persons, and, with the consent of said Director, to employ such persons as enumerators within his district, one or more for each subdivision and resident therein; but in case it shall occur in any enumeration district that no person qualified to perform and willing to undertake the duties of enumerator resides in that subdi- vision the supervisor may employ any fit person to be the enumerator 1342 (Secs. 2175-2206 Tit. 31—THE CENSUS. of that subdivision; to communicate to enumerators the necessary instructions and directions relating to their duties; to examine and scrutinize the returns of the enumerators, and in event of discrepancies or deficiencies appearing in the returns for his district, to use all dili- gence in causing the same to be corrected and supplied; to forward to the Director of the Census the completed returns for his district in such time and manner as shall be prescribed by the said Director, and to make up and forward to the Director the accounts required for ascertaining the amount of compensation due to each enumerator in his district, which accounts shall be duly sworn to by the enumerator, and the same shall be certified as true and correct, if so found, by the supervisor, and said accounts so sworn to and certified shall be accept- ed by the said Director, and payment shall be made thereon by draft in favor of each enumerator. The duties imposed upon the super- visor by this Act shall be performed, in any and all particulars, in ac- cordance with the instructions and directions of the Director of the Census: Provided, That if the supervisor of any district has not been appointed and qualified on the ninetieth day preceding the date fixed for the commencement of the enumeration, the Director of the Census may appoint a special agent, who shall be a resident of the same dis- trict, to perform the work of subdivision into enumeration districts: And provided, That any supervisor who may abandon, neglect, or improperly perform the duties required of him by this Act may be removed by the Director of the Census, and any vacancy thus caused or otherwise occurring during the progress of the enumeration may be filled by the Director of the Census. Act March 3, 1899, c. 419, $ 10, 30 Stat. 1017. Compensation of supervisors; traveling expenses; clerk hire. Sec. II. That each supervisor of census shall, upon the completion of his duties to the satisfaction of the Director of the Census, receive the sum of one hundred and twenty-five dollars, and in addition there- to, in thickly settled districts, one dollar for each thousand or majority fraction of a thousand of the population enumerated in such district, and in sparsely settled districts one dollar and forty cents for each thousand or majority fraction of a thousand of the population enumer- ated in such district; such sums to be in full compensation for all serv- ices rendered and expenses incurred by him, except that in serious emergencies arising during the progress of the enumeration in his dis- trict, or in connection with the reenumeration of any subdivision, he may, in the discretion of the Director of the Census, be allowed actual and necessary traveling expenses and an allowance in lieu of subsist- ence not exceeding three dollars per day during his necessary absence from his usual place of residence, and that an appropriate allowance for clerk hire may be made when deened necessary by the Director of the Census: Provided, That in the aggregate no supervisor shall be paid less than the sum of one thousand dollars. The designation of the compensation per thousand, as provided in this section, shall be made by the Director of the Census at least one month in advance of the date fixed for the commencement of the enumeration. Act March 3, 1899, c. 419, $ 11, 30 Stat. 1017. Provisions for the payment of additional compensation to the supervis- Secs. 2175–2206) 1343 Tit. 31--THE CENSUS. ors are contained in Act Feb. 1, 1900, c. 7, § 1, and Act May 10, 1900, c. 389, § 4, set forth below. The payment, upon the death of a supervisor or an enumerator, of com- pensation for services rendered to the widow or legal representative, is authorized by Act Feb. 1, 1900, c. 7, § 3, set forth below. Duties of enumerators. Sec. 12. That each enumerator shall be charged with the collection, in his subdivision, of facts and statistics required by the population schedule, and such other schedules as the Director of the Census may determine shall be used by him in connection with the census, as pro- vided in section seven of this Act. It shall be the duty of each enu- merator to visit personally each dwelling house in his subdivision, and each family therein, and each individual living out of a family in any place of abode, and by inquiry made of the head of each family, or of the member thereof deemed most credible and worthy of trust, or of such individual living out of a family, to obtain each and every item of information and all particulars required by this Act as of date June first of the year in which the enumeration shall be made. And in case no person shall be found at the usual place of abode of such family, or individual living out of a family, competent to answer the inquiries made in compliance with the requirements of this Act, then it shall be lawful for the enumerator to obtain the required information, as nearly as may be practicable, from the family or families or person or persons living nearest to such place of abode; and it shall be the duty of each enumerator to forward the original schedules, duly certified, to the supervisor of census of his district as his returns under the pro- visions of this Act; and in the event of discrepancies or deficiencies being discovered in his said returns he shall use all diligence in cor- recting or supplying the same. In case the subdivision assigned to any enumerator embraces all or any part of any incorporated borough, village, town, or city, and also other territory not included within the limits of such incorporated borough, village, town, or city, or either, it shall be the duty of the enumerator of such subdivision to clearly and plainly distinguish and separate, upon the population schedules, the inhabitants of all or any part of such borough, village, town, or city, as may be embraced in the subdivision assigned to such enum- erator, from the inhabitants of the territory not included therein. No enumerator shall be deemed qualified to enter upon his duties until he has received from the supervisor of census of the district to which he belongs a commission, under his hand, authorizing him to perform the duties of an enumerator, and setting forth the boundaries of the subdivision within which such duties are to be performed by him. Act March 3, 1899, c. 419, $ 12, 30 Stat. 1018. Assignment of enumerators to subdivisions. Sec. 13. That the subdivision assigned to any enumerator shall not exceed four thousand inhabitants as near as may be, according to esti- mates based on the preceding census or other reliable information, and the boundaries of all subdivisions shall be clearly described by civil divisions, rivers, roads, public surveys, or other easily distinguished lines: Provided, That enumerators may be assigned for the special 1344 (Secs. 2175-2206 Tit. 31—THE CENSUS. enumeration of institutions, when desirable, without reference to the number of inmates. Act March 3, 1899, c. 419, $ 13, 30 Stat. 1018. Removal of enumerators; re-enumeration. Sec. 14. That any supervisor of census may, with the approval of the Director of the Census, remove any enumerator in his district and fill the vacancy thus caused or otherwise occurring. Whenever it shall appear that any portion of the enumeration and census provided, for in this Act has been negligently or improperly taken, and is by reason thereof incomplete or erroneous, the Director of the Census may cause such incomplete and unsatisfactory enumeration and census to be amended or made anew under such methods as may, in his dis- cretion, be practicable. Act March 3, 1899, c. 419, § 14, 30 Stat. 1018. Interpreters; compensation. Sec. 15. That the Director of the Census may authorize and direct supervisors of census to employ interpreters to assist the enumerators of their respective districts in the enumeration of persons not speak- ing the English language. The compensation of such interpreters shall be fixed by the Director of the Census in advance, and shall not exceed four dollars per day for each day actually and necessarily em- ployed. Act March 3, 1899, c. 419, § 15, 30 Stat. 1019. Compensation of enumerators; mileage. Sec. 16. That the compensation of the enumerators shall be ascer- tained and fixed by the Director of the Census as follows: In subdi- visions where he shall deem such allowance sufficient, an allowance of not less than two nor more than three cents for each living inhabitant and for each death reported; not less than fifteen nor more than twenty cents for each farm; and not less than twenty nor more than thirty cents for each establishment of productive industry enumerated and returned may be given in full compensation for all services. For all other subdivisions per diem rates shall be fixed by the Director of the Census according to the difficulty of enumeration, having reference to the nature of the region to be canvassed and the density or sparse- ness of settlement, or other considerations pertinent thereto; but the compensation allowed to any enumerator in any such district shall not be less than three dollars nor more than six dollars per day of ten hours' actual field work each. The subdivisions to which the several rates of compensation shall apply shall be designated by the Director of the Census at least two weeks in advance of the enumeration. No claim for mileage or traveling expenses shall be allowed any enumera- tor in either class of subdivisions, except in extreme cases, and then only when authority has been previously granted by the Director of the Census, and the decision of the Director as to the amount due any enumerator shall be final. Act March 3, 1899, c. 419, $ 16, 30 Stat. 1019. The Director is authorized to allow, in fixing the compensation of the Secs. 2175-2206) 1345 Tit. 31—THE CENSUS. enumerators, not more than five cents for each death reported, by Act Feb. 1, 1900, c. 7, § 1, set forth below. Additional compensation to enumerators for collecting statistics of live stock is authorized by Act Feb. 1, 1900, c. 7, § 2, set forth below. The payment of additional compensation to enumerators for returns concerning cotton gins is authorized by Act Feb. 23, 1901, c. 466, § 1, set forth below. See note under section 11 of this act. Special agents; authority; compensation. Sec. 17. That the special agents appointed under the provisions of this Act shall have equal authority with the enumerators in respect to the subjects committed to them under this Act, and shall receive compensation at rates to be fixed by the Director of the Census : Provided, That the same shall in no case exceed six dollars per day and actual necessary traveling expenses and an allowance in lieu of subsistence not exceeding three dollars per day during their neces- sary absence from their usual place of residence: And provided fur- ther, That no pay or allowance in lieu of subsistence shall be allowed special agents when employed in the Census Office on other than the special work committed to them, and no appointments of special agents shall be made for clerical work. Act March 3, 1899, c. 419, $ 17, 30 Stat. 1019. See note under section 16 of this act. Oath of supervisors, clerks, enumerators, etc.; employment with refer- ence to fitness. Sec. 18. That no supervisor, supervisor's clerk, enumerator, inter- preter, or special agent shall enter upon his duties until he has taken and subscribed to an oath or affirmation, to be prescribed by the Director of the Census; and no supervisor, supervisor's clerk, enu- merator, or special agent shall be accompanied by or assisted in the performance of his duties by any person not duly appointed as an officer or employee of the Census Office, and to whom an oath or affirmation has not been duly administered. All appointees and em- ployees provided for in this Act shall be appointed or employed, and if examined, so examined, as the case may be, solely with reference to their fitness to perform the duties herein provided to be by such employee or appointee performed, and without reference to their political party affiliations. Act March 3, 1899, c. 419, $ 18, 30 Stat. 1019. Enumeration; when to commence, and when to be completed. Sec. 19. That the enumeration of the population required by this Act shall commence on the first day of June, nineteen hundred, and on the first day of June of the year in which each succeeding enumer- ation shall be made, and be taken as of that date. And it shall be the duty of each enumerator to complete the enumeration of his district and to prepare the returns hereinbefore required to be made, and to forward the same to the supervisor of census of his district, on or before the first day of July in such year: Provided, That in any city having eight thousand inhabitants or more under the preceding LAWS '01-85 1346 (Secs. 2175-2206 Tit. 31- THE CENSUS. census the enumeration of the population shall be taken and com- pleted within two weeks from the first day of June as aforesaid. Act March 3, 1899, c. 419, § 19, 30 Stat. 1019. Receiving compensation for securing appointments prohibited; pen- alty. Sec. 20. That if any person shall receive or secure to himself any fee, reward, or compensation as a consideration for the appointment or employment of any person as enumerator or clerk or other em- ployee, or shall in any way receive or secure to himself any part of the compensation provided in this Act for the services of any enumer- ator or clerk or other employee, he shall be deemed guilty of a mis- demeanor, and on conviction thereof shall be fined not more than three thousand dollars, or be imprisoned not more than one year, or both, in the discretion of the court. Act March 3, 1899, c. 419, $ 20, 30 Stat. 1020. Neglect of duties or communication of information by employés, per- jury, making false certificate, etc., punishable. Sec. 21. That any supervisor, supervisor's clerk, enumerator, inter- preter, special agent or other employee, who, having taken and sub- scribed the oath of office required by this Act, shall, without justifiable cause, neglect or refuse to perform the duties enjoined on him by this Act, or shall, without the authority of the Director of the Census, com- municate to any person not authorized to receive the same any in- formation gained by him in the performance of his duties, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not exceeding five hundred dollars; or if he shall willfully and know- ingly swear or affirm falsely, he shall be deemed guilty of perjury, and upon conviction thereof shall be imprisoned not exceeding three years and be fined not exceeding eight hundred dollars; or if he shall willfully and knowingly make a false certificate or a fictitious return, he shall be guilty of a misdemeanor, and upon conviction of either of the last-named offenses he shall be fined not exceeding five thousand dollars and be imprisoned not exceeding two years. Act March 3, 1899, C. 419, $ 21, 30 Stat. 1020. Persons required to answer questions; refusal punishable. Sec. 22. That each and every person more than twenty years of age belonging to any family residing in any enumeration district or subdivision, and in case of the absence of the heads and other mem- bers of any such family, then any representative of such family, shall be, and each of them hereby is, required, if thereto requested by the Director, supervisor, or enumerator, to render a true account, to the best of his or her knowledge, of every person belonging to such family in the various particulars required, and whoever shall willfully fail or refuse to render such true account shall be guilty of a misde- meanor, and upon conviction thereof shall be fined in a sum not ex- ceeding one hundred dollars. And every president, treasurer, secre- tary, director, agent, or other officer of every corporation, and every establishment of productive industry, whether conducted as a cor- porate body, limited liability company, or by private individuals, from which answers to any of the schedules, inquiries, or statistical inter- rogatories provided for by this Act are herein required, who shall, Secs. 2175-2206) 1347 Tit. 31—THE CENSUS. if thereto requested by the Director, supervisor, enumerator, or spe- cial agent, willfully neglect or refuse to give true and complete an- swers to any inquiries authorized by this Act, or shall willfully give false information, shall be guilty of a misdemeanor, and upon convic- tion thereof shall be fined not exceeding ten thousand dollars, to which may be added imprisonment for a period not exceeding one year. Act March 3, 1899, c. 419, $ 22, 30 Stat. 1020. Enforcement of fines and penalties. Sec. 23. That all fines and penalties imposed by this Act may be enforced by indictment or information in any court of competent ju- risdiction. Act March 3, 1899, c. 419, § 23, 30 Stat. 1020. Expenditures to be authorized by Director. Sec. 24. That the Director of the Census may authorize the ex- penditure of necessary sums for the traveling expenses of the officers and employees of the Census Office and the incidental expenses es- sential to the carrying out of this Act, as herein provided for, and not otherwise, including the rental of sufficient quarters in the District of Columbia and the furnishing thereof and the maintenance of the printing outfit in the Census Office. Act March 3, 1899, c. 419, § 24, 30 Stat. 1020. The Director is authorized to purchase any and all law books, books of reference, or periodicals which may be required from time to time in the Census Office, by Act Feb. 1, 1900, c. 7, § 1, set forth below. Printing of blanks, bulletins, etc., to be done in Census Office. Sec. 25. That the Director of the Census is hereby authorized to print and bind in the Census Office such blanks, circulars, envelopes, and others items as may be necessary; and to print, publish, and dis- tribute from time to time bulletins and reports of the preliminary and other results of the various investigations required by this Act. Act March 3, 1899, c. 419, § 25, 30 Stat. 1020. See note under section 4 of this act. Use of tabulating devices. Sec. 26. That in case the Director of the Census deems it expedient he may contract for the use of electrical or mechanical devices for tabulating purposes: Provided, That in such case due notice shall be given to the public, and no system of tabulation shall be adopted until after a practical test of its merits in competition with other sys- tems which may be offered. Act March 3, 1899, c. 419, $ 26, 30 Stat. 1021. Free transmission of official mail matter; illegal use of envelopes pun- ishable. Sec. 27. That all mail matter, of whatever class, relative to the cen- sus and addressed to the Census Office, the Director of the Census, Assistant Director, chief clerk, supervisors, enumerators, or special agents, and indorsed “Official business, Department of the Interior, Census Office," shall be transmitted free of postage, and by register- ed mail if necessary, and so marked: Provided, That if any person shall make use of such indorsement to avoid the payment of postage 1348 (Secs. 2175-2206 Tit. 31—THE CENSUS. or registry fee on his or her private letter, package, or other matter in the mail, the person so offending shall be guilty of a misdemeanor and subject to a fine of three hundred dollars, to be prosecuted in any court of competent jurisdiction. Act March 3, 1899, c. 419, § 27, 30 Stat. 1021. Departments to furnish information. Sec. 28. That the Secretary of the Interior, on request of the Di- rector of the Census, is hereby authorized to call upon any other de- partment or office of the Government for information pertinent to the work herein provided for. Act March 3, 1899, c. 419, $ 28, 30 Stat. 1021. Use of records, property, etc., of Eleventh Census. Sec. 29. That such records, books, and files as relate to preceding censuses, and the printing-office outfit used in the Eleventh Census, and such furniture and property of whatever nature used at the Elev- enth Census as may be necessary in conducting the work of the Cen- sus Office and can be spared from present uses, shall be transferred to the custody and control of the Census Office created by this Act. The said furniture and property shall be inventoried by the proper officers of the Department of the Interior when such transfer is made, and a copy of the inventory filed and preserved in the office of the Secretary of the Interior and of the Director of the Census. Act March 3, 1899, c. 419, § 29, 30 Stat. 1021. Population returns to be furnished States, etc. Sec. 30. That upon the request of the governor of any State or Territory, or the chief officer of any municipal government, the Di- rector of the Census shall furnish such governor or municipal officer with a copy of so much of the population returns as will show the names, with the age, sex, color, or race, and birthplace only of all persons enumerated within the territory in the jurisdiction of such government, upon payment of the actual cost of making such copies; and the amounts so received shall be covered into the Treasury of the United States, to be placed to the credit of, and in addition to, the appropriations made for taking the census. Act March 3, 1899, c. 419, § 30, 30 Stat. 1021. Seal for Census Office. Sec. 31. That the Director of the Census shall provide the Census Office with a seal containing such device as he may select, and he shall file a description of such seal with an impression thereof in the office of the Secretary of State. Such seal shall remain in the custody of the Director of the Census, and shall be affixed to all certificates and attestations that may be required from the Census Office. Act March 3, 1899, c. 419, $ 31, 30 Stat. 1021. Appropriation; estimates. Sec. 32. That for the organization and equipment of the Census Office to perform the preparatory work necessary to carry out the provisions of this Act, the sum of one million dollars, to be available on the passage of this Act, is hereby appropriated, out of any money Secs. 2175-2206) 1349 Tit. 31- THE CENSUS. in the Treasury not otherwise appropriated, and to continue available until exhausted. Of said appropriation such amount as may be con- sidered by the Director of the Census to be necessary for immediate preliminary printing may be expended under the direction of the Pub- lic Printer. And the Secretary of the Interior shall submit to the Secretary of the Treasury, on or before October first, eighteen hun- dred and ninety-nine, further estimates for the work herein provided for. Act March 3, 1899, c. 419, § 32, 30 Stat. 1021. Repeal. Sec. 33. That the Act entitled “An Act to provide for the taking of the Eleventh and subsequent censuses,” approved March first, eighteen hundred and eighty-nine, and all laws and parts of laws in- consistent with the provisions of this Act are hereby repealed. Act March 3, 1899, c. 419, $ 33, 30 Stat. 1021. ACT FEB. 1, 1900, c. 7. An Act Relating to the Twelfth and Subsequent Census and Giving to the Director thereof Additional Power and Authority in Cer- tain Cases, and for Other Purposes. (31 Stat. 3.) Additional employés; collection of statistics of deaf, dumb, and blind; compensation of supervisors and enumerators; purchase of books, etc. Be it enacted, etc., That in addition to the power and authority conferred upon the Director of the Census by an Act entitled “An, Act to provide for taking the Twelfth and subsequent censuses,” ap- proved March third, eighteen hundred and ninety-nine, said Director of the Census shall have power, and is hereby authorized, to appoint and employ, as the necessity therefor may arise, one purchasing agent, at an annual salary of two thousand five hundred dollars; two chiefs of division, at an annual salary of two thousand dollars each; five clerks of class four; six clerks of class three, and eight clerks of class two; to employ such number of special agents, not exceeding thirty-five in all, as may be proper and necessary for the purpose of gathering any information or data in relation to or required by the agricultural schedules; to employ special agents to assist the super- visors in large cities whenever he may deem it proper, in connection with the work of preparation for, or during the progress of, the enu- meration, or in connection with the reenumeration of any district, or a part thereof; to employ as special agents such of the supervisors of census as he may deem wise and proper, at the compensation pro- vided for in section seventeen of said Act, the intent and purpose being that the supervisors of census may be appointed special agents at the time they are acting as supervisors, and receive the compensa- tion to which they are entitled as supervisors, and also as special agents; and the Director of the Census is authorized and directed to collect statistics relating to all of the deaf, dumb, and blind, notwith- standing the restrictions and imitations contained in section eight of said Act entitled “An Act to provide for taking the Twelfth and subsequent censuses :” Provided, That in taking the census of said 1350 (Secs. 2175-2206 Tit. 31– THE CENSUS. classes the inquiries shall be confined to the following four questions, namely: Name, age, sex, and post-office address; and the Director of the Census is hereby specifically authorized to pay such super- visors for their services as special agents the compensation which he may authorize out of any general or special appropriation which may be made for the payment of special agents, and to allow any super- visor of census, in addition to the contingencies provided for in sec- tion eleven of said Act, actual and necessary traveling expenses and an allowance in lieu of subsistence not exceeding three dollars per day during his necessary absence from his usual place of residence in con- nection with the work of preparation for the enumeration; to allow, in fixing the compensation of enumerators, not more than five cents for each death reported; to purchase any and all law books, books of reference, or periodicals, which may be required from time to time in the Census Office, and pay for the same out of the sum appro- priated by the said Act of March third, eighteen hundred and ninety- nine, or any other appropriation hereafter made for the census work, whether there be a specific authorization for such purchases or not: Provided, That the aggregate amount of such purchases shall not ex- ceed the sum of three thousand dollars. Act Feb. 1, 1900, c. 7, § 1, 31 Stat. 3. Provisions for the appointment of other employés are contained in Act March 3, 1899, c. 419, § 4, set forth above. The scope of the Twelfth Census is prescribed by Act March 3, 1899, C. 419, § 7, set forth above. The compensation of the supervisors is prescribed by Act March 3, 1899, c. 419, § 11, set forth above. The compensation of the enumerators is prescribed by Act March 3, 1899, c. 419, $ 16, set forth above. Statistics of live stock. Sec. 2. That in addition to the other statistics required to be col- lected by section seven of said Act approved March third, eighteen hundred and ninety-nine, there shall be collected on the agricultural schedules information concerning the number and kinds of live stock not on farms; and the Director of the Census shall have power to pay the enumerators for collecting such information, in his discretion, not less than five nor more than ten cents for each barn or inclosure visited in which such live stock may be found: Provided, however, That the Director of the Census may appoint special agents to gather the information required by this section whenever he may deem it proper. Act Feb. 1, 1900, c. 7, § 2, 31 Stat. 4. See note under section 1 of this act. Death of supervisor or enumerator; payment of compensation to widow or legal representative. Sec. 3. That in the event of the death of any supervisor or enu- merator after his appointment and entrance on his duties, the Director of the Census be, and he is, authorized to pay to his widow, if there be one, and if not to his legal representative such sum as may be just and fair for the services rendered by said supervisor or enumerator prior to his death. Act Feb. 1, 1900, c. 7, § 3, 31 Stat. 4. Secs. 2175-2206) 1351 Tit. 31- THE CENSUS. 95 ACT MAY 10, 1900, c. 389. An Act Relating to the Twelfth and Subsequent Censuses, and Giv- ing the Director Thereof Additional Power and Authority in Certain Cases, and for Other Purposes. (31 Stat. 174.) Superintendent of printing for Census printing office; employees. Be it enacted, etc., That in addition to the power and authority conferred upon the Director of the Census by an Act entitled “An Act to provide for taking the Twelfth and subsequent censuses,' approved March third, eighteen hundred and ninety-nine, said Director of the Census shall have power, and is hereby authorized, to appoint and employ, as the necessity therefor may arise, one superintendent of printing, at an annual salary of two thousand five hundred dollars, and to appoint and employ such number of skilled mechanics and other persons in the Census printing office as may be necessary to carry into effect the preliminary printing and binding provided for in said Act, at the same compensation as is paid for similar work in the Government Printing Office. Act May 10, 1900, c. 389, § 1, 31 Stat. 174. Chief clerk to act as superintendent of buildings. Sec. 2. That the chief clerk of the Census Office shall act as super- intendent, and have general charge of all buildings occupied for the purpose of carrying on the work of the Census, and shall receive therefor the sum of three hundred dollars, in addition to his regular salary. Act May 10, 1900, c. 389, $ 2, 31 Stat. 174. The appointment of a chief clerk is authorized by Act March 3, 1899, c. 419, § 4, set forth above. Salary of Director increased. Sec. 3. That the salary of the Director of the Census shall be seven thousand five hundred dollars per annum. Act May 10, 1900, c. 389, $ 3, 31 Stat. 174. The salary of the Director was fixed at $6,000 per annum by Act March 3, 1899, c. 419, $ 2, set forth above. Additional compensation of supervisors. Sec. 4. That in addition to the sum provided to be paid to super- visors of census in section eleven of an Act entitled “An Act to pro- vide for taking the Twelfth and subsequent censuses,” approved March third, eighteen hundred and ninety-nine, the Director of the Census is hereby authorized and directed to pay to each supervisor, as further compensation, a sum equal to two per centum of the amount paid to the enumerators for taking the census in said super- visor's district: Provided, That the amount of such additional or further compensation to be paid to each supervisor shall in no case be less than two hundred and fifty dollars. Act May 10, 1900, c. 389, § 4, 31 Stat. 174. The compensation of the supervisors is prescribed by Act March 3, 1899, c. 419, § 1, set forth above. 1352 (Secs. 2175-2206 Tit. 31—THE CENSUS. ACT JUNE 2, 1900, c. 615. An Act Requiring the Disbursing Clerk of the Census Office to File an Additional Bond, and for Other Purposes. (31 Stat. 262.) Additional bond of disbursing clerk. Be it enacted, etc., That the Director of the Census be, and he here- by is, authorized and directed to require the disbursing clerk of the Census Office to give bond to the Secretary of the Treasury, in addi- tion to that now required by law, in the penal sum of two hundred and fifty thousand dollars, which bond shall conform to the require- ments of an Act entitled “An Act to provide for taking the Twelfth and subsequent censuses,” approved March third, eighteen hundred and ninety-nine, in relation to the bond to be filed by the disbursing clerk of the Census Office: Provided, Provided, That the Director of the Census may dispense with such additional bond after June thirtieth, nineteen hundred and one. Act June 2, 1900, c. 615, § 1, 31 Stat. 262. The disbursing clerk's bond is prescribed by Act March 3, 1899, c. 419, § 4, set forth above. Salary of disbursing clerk increased. Sec. 2. That the salary of the disbursing clerk of the Census Office is hereby increased for the year ending June thirtieth, nineteen hun- dred and one, in the sum of five hundred dollars, so that for the year commencing July first, nineteen hundred, and ending June thirtieth, nineteen hundred and one, the salary of said officer shall be three thousand dollars. Act June 2, 1900, c. 615, $ 2, 31 Stat. 262. The salary of the disbursing clerk was fixed at $2,500 per annum by Act March 3, 1899, c. 419, § 4, set forth above. Chief clerk to serve as Acting Director, when. Sec. 3. That, in the absence of the Director and Assistant Director, the chief clerk shall serve as Acting Director. Act June 2, 1900, c. 615, $ 3, 31 Stat. 262. ACT JUNE 6, 1900, c. 791, 8 1. * Salary of appointment clerk. For salaries and necessary expenses for taking and compiling the results of the Twelfth Census, in accordance with the act of March third, eighteen hundred and ninety-nine, providing for the Twelfth and subsequent censuses, and amendments thereto, * including two thousand five hundred dollars per annum to the appointment clerk, which sum is hereby fixed as the annual salary of the office. Act June 6, 1900, c. 791, § 1, 31 Stat. 618. This paragraph is a part of the sundry civil expenses appropriation act for the fiscal year ending June 30, 1901. Secs. 2175-2206) 1353 Tit. 31- THE CENSUS. ACT FEB. 23, 1901, c. 466. An Act to Authorize the Director of the Census to Make Payments for Information Concerning Cotton-Gins, and for Other Pur- poses. (31 Stat. 801.) Payment to enumerators for returns concerning cotton gins. Be it enacted, etc., That the Director of the Census be, and he is hereby, authorized to pay, out of any money appropriated for census purposes, all enumerators who may have made returns concerning cot- ton gins, at a rate of five cents for each gin reported: Provided, That the total amount which may be paid to such enumerators shall not exceed the sum of two thousand dollars. Act Feb. 23, 1901, c. 466, § 1, 31 Stat. 801. Payment of accounts without verification. Sec. 2. That the Director of the Census be, and is hereby, author- ized and directed to pay the accounts for the information relating to cotton gins without requiring jurats on said accounts, and shall make payment on the certificate of the chief statistician for manu- factures as to the correctness of the same. Act Feb. 23, 1901, c. 466, § 2, 31 Stat. 801. Leaves of absence to employés. Sec. 3. That the mechanics and other persons employed in the Census printing office, whether employed by the piece or otherwise, shall be allowed annual leave of absence and sick leave with pay, under the same terms as now or hereafter may be prescribed in the Gov- ernment Printing Office, and the Director of the Census is hereby au- thorized to make payment for such annual leave and sick leave out of any money which may be appropriated for Census purposes: Pro- vided, That the Director of Census may designate the time when annual leave shall be taken. Act Feb. 23, 1901, c. 466, § 3, 31 Stat. S01. [END OF VOL. 1.]