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housed.

the secretary of the treasury, or which such collector may for the time reasonably judge 25 Feb. 1799. expedient for the security of the public revenue: Provided, That in every such case all Cargo to be ware the articles of the cargo so to be unladen, shall be deposited at the risk of the parties concerned therein, in such public or other warehouses or enclosures as the collector shall designate, there to remain under the joint custody of such collector and of the owner or owners, or master, or other person having charge of such vessel, until the same shall be entirely unladen or discharged; and until the goods, wares or merchandise which shall be so deposited may be safely removed without contravening such health laws. And when such removal may be allowed, the collector having charge of such goods, wares or when permits to be granted for merchandise, may grant permits to the respective owners or consignees, their factors or removal of goods agents, to receive all goods, wares or merchandise which shall be entered, and whereof the duties accruing shall be paid or secured according to law, upon the payment by them of a reasonable rate of storage; which shall be fixed by the secretary of the treasury for all public warehouses and enclosures.

Ibid. 3.

3. There shall be purchased or erected under the orders of the president of the United States, suitable warehouses with wharves and enclosures, where goods and merchandise Warehouses, &c., may be unladen and deposited from any vessel which shall be subject to a quarantine, to be purchased. or other restraint, pursuant to the health laws of any state as aforesaid, at such convenient place or places therein, as the safety of the public revenue and the observance of such health laws may require.

removed to ano

ease prevails.

4. When by the prevalence of any contagious or epidemical disease, in or near the Ibid. 24. place by law established as the port of entry for any collection district, it shall become Custom house dangerous or inconvenient for the collector and the other officers of the revenue employed officers may be therein, to continue the discharge of their respective offices at such port, the secretary, ther place, when or in his absence, the comptroller of the treasury of the United States, may direct and contagious disauthorize the removal of the collector, and the other officers employed in his department, from such port, to any other more convenient place within or as near as may be to such collection district; where such collector and officers may exercise the same authorities, and shall be liable to the same duties, according to existing circumstances, as in such lawful port or district; and of such removal public notice shall be given as soon as may be.

cases.

Ibid. 25.

5. It shall be lawful for the judge of any district court of the United States, within whose district any contagious or epidemical disease shall at any time prevail, so as in his Prisoners may be opinion, to endanger the life or lives of any person or persons confined in the prison of removed in like such district in pursuance of any law of the United States, to direct the marshal to cause the person or persons confined as aforesaid, to be removed to the next adjacent prison where such disease does not prevail, there to be confined until he, she or they may safely be removed back to the place of their first confinement; which removals shall be at the expense of the United States.

Ibid. § 6.

6. In case of the prevalence of a contagious or epidemical disease at the seat of government, it shall be lawful for the president of the United States to permit and direct And the public the removal of any or all the public offices to such other place or places as, in his discre- offices. tion, shall be deemed most safe and convenient for conducting the public business.

Ibid. 7.

supreme

7. Whenever in the opinion of the chief justice, or in case of his death or inability, of the senior associate justice of the supreme court of the United States, a contagious sick- The ness shall render it hazardous to hold the next stated session of the said court at the court, in such case, may adseat of government, it shall be lawful for the chief or such associate justice to issue his journ to another place. order to the marshal of the district within which the supreme court is by law to be holden, directing him to adjourn the said session of the said court to such other place within the same or an adjoining district, as he may deem convenient; and the said marshal shall thereupon adjourn the said court, by making publication thereof in one or more public papers, printed at the place by law appointed for holding the same, from the time he shall receive such order, until the time by law prescribed for commencing the said session. And the district judges shall, respectively, under the same circumstances, have the same power, by the same means, to direct adjournments of the district and circuit courts within their several districts, to some convenient place within the same respectively.

8. In case of the removal of any public office by reason of sickness, which may prevail in the town or city where such office is located, a particular account of the cost of such removal shall be laid before congress, that they may be enabled to judge of the proper sum to be allowed for the same.

21

April 1806 § 6

2 Stat. 397.

Cost of removal

of public offices to be reported to congress.

Railroads.

[See POST OFFICE, 55, 56, 125, 128.]

1. Rail, plank and turnpike roads to have right of way through mine. Locations to be filed. the public lands. Width.

2. To take materials, &c.

3. Sites for depots, &c., granted. Limitation. When to deter

private entry, &c.

4. Extended to the territories.

Restricted to lands subject to

4 Aug. 1852 1. 1. The right of way shall be and is hereby granted to all rail and plank road or 10 Stat. 28. macadamized turnpike companies that are now or that may be chartered within ten turnpike roads to years hereafter, over and through any of the public lands of the United States, (a) over have right of way which any rail or plank road or macadamized turnpikes are or may be authorized by an

Rail, plank and

through the

public lands.

Width.

Ibid. 2. To take materials, &c.

Ibid. 3.

Sites for depots, &c., granted. Limitation.

mine.

act of the legislature of the respective states in which public lands may be situated. And the said company or companies are hereby authorized to survey and mark through the said public lands, to be held by them for the track of said road, one hundred feet in width: Provided, That in case where deep excavation or heavy embankment is required for the grade of such road, then at such places a greater width may be taken by such company, if necessary, not exceeding in the whole two hundred feet.

2. The said company or companies shall have the right to take from the public lands, in the vicinity of said road or roads, all such materials of earth, stone or wood, as may be necessary or convenient, from time to time, for the first construction of said road or roads or any part thereof, through said land.

3. There shall be and is hereby granted to said company or companies, all necessary sites for watering places, depots and workshops along the line of said road or roads, so far as the places convenient for the same may fall upon the public lands: Provided, That no one depot or watering place shall contain over one square acre, and that said sites shall not be nearer to each other than ten miles along the line or lines of said road or roads: Provided further, That the said grants herein contained, as well of the use of the public lands, as of the materials for the construction of said road or roads, shall cease and When to deter determine, unless the road or roads be begun within ten years from and after the passage of this act, and completed within fifteen years thereafter: And provided moreover, That if any road, at any time after its completion, be discontinued or abandoned by said company or companies, the grants hereby made shall cease and determine, and said lands Locations to be hereby granted, revert back to the general government: Provided further, That when a location for either of said railroads or plank roads, macadamized turnpikes or sites for depots on the line of such road or roads shall be selected, the proper officers of such road or roads shall transmit to the commissioner of the general land office a correct plat of the survey of said road or roads, together with the survey of sites for depots before such selection shall become operative: Provided further, That none of the foregoing provisions private entry, &c. of this act shall apply to or authorize any rights in any lands of the United States other than such as are held for private entry and sale, (b) and such as are unsurveyed and not held for public use by erection or improvements thereon.(c)

filed.

Restricted to lands subject to

3 March 1855 1. 10 Stat. 683.

4. That the provisions of the act entitled "An act to grant the right of way to all rail and plank roads and macadamized turnpikes passing through the public lands belonging Extended to the to the United States," approved August 4th 1852, be and the same is hereby extended to all of the public lands of the United States in the territories of the United States.

territ ries.

Reporter.

1. Reporter's salary. On what conditions to be payable. To deliver 150 copies to the secretary of state. How distributed. Price of reports to the public.

5 Stat. 545.

2. Books to be delivered by officers to their successors.

3. Reporter to have $1300 for each volume.

29 Aug. 1842 1. 1. The reporter who shall, from time to time, be appointed by the supreme court, shall be entitled to receive from the treasury of the United States, as an annual compensation Reporter's salary. for his services, and for the copies of the annual volumes of the reports he is hereinafter

required to deliver to the secretary of state, the sum of thirteen hundred dollars: ProOn what condivided, That the compensation shall not be paid unless the said reporter shall print and tions to be pay publish, or cause to be printed and published, the decisions of the said court, made during the time he shall act as such reporter, within six months after the said decisions shall be

(a) Lands purchased or reserved by the United States for light houses, barracks, navy yards, and other like purposes, are not Included in the designation of public lands. 5 Opin. 578. (b) Land is not held for private entry, which has not been offered at public sale; nor is land held for sale in the meaning of

the law, which has not been so offered. United States v. Railroad Bridge Co., 6 McLean, 529.

(c) This provis on applies to the period of time when the right is claimed by the railroad. United States v. Railroad Bridge Co, 6 McLean, 530.

secretary of state.

made: And provided also, That he shall deliver to the secretary of state, in lieu of the 29 August 1842. eighty copies of the annual reports which by former acts he was required to deliver, one To deliver 150 hundred and fifty copies of the said reports, so printed and published; which said copies copies to the shall be distributed as follows, to wit: to the president of the United States, the justices of the supreme court of the United States, the judges of the district courts, the attorney- How distributed. general of the United States, the secretary of state, the secretary of the treasury, the secretary of war, the secretary of the navy, the postmaster-general, the first and second comptrollers of the treasury, the solicitor of the treasury, the first, second, third, fourth and fifth auditors of the treasury, the auditor of the general post office, the treasurer of the United States, the register of the treasury, the commissioner of the general land office, the paymaster-general, the commissioner of Indian affairs, the commissioner of pensions, the judges of the several territorial courts of the United States, the governors of the territories of the United States, 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, and to the commissioners of the navy, 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 congress, to become a part of the said library: And provided also, That the volumes of the decisions of the Price of report to the public. supreme court shall not be sold by the reporter to the public at large, for a greater price than five dollars for each volume.

2. In case of the death, resignation or dismission from office, of either of the aforesaid officers, the said copies of the decisions of the supreme court shall belong to, and be delivered up to their respective successors in said offices.

Ibid. 2.

9 Stat. 533.

3. For salary of the reporter of the decisions of the supreme court, thirteen hundred 30 Sept. 1850 3 1 dollars, if one volume only of the reports shall be published, as heretofore; and in case the supreme court shall direct him to publish two volumes, then the sum of thirteen Reporter to have hundred dollars for each volume so published.

$1300 for each volume.

1. Revenue cutters to be built.

Revenue Cutters.

2. Officers and crews. To co-operate with the navy, when required.

3. Appointment of officers. Their powers and duties. To make weekly returns. Further duties.

4. Cutters to be renewed from time to time. 6. Revenue boats.

6. Ensign and pendant. May bring to vessels. To be indemnified in using force. Penalty for using revenue flags.

7. Pay and rations of warrant officers and crews

8. Pensions to invalids.

9. Pay of commissioned officers.

10. Engineers and assistant engineers.
11. Not to be built without appropriation.
12. Officers to adduce proof of competency.
13. Steam cutter to be procured.

14. May be constructed by contract, or otherwise.

1 Stat. 699.

Revenue cutters to be built.

1. That the president of the United States be empowered, for the better securing the 2 March 17993 97 collection of the duties imposed on goods, wares and merchandise imported into the United States, and on the tonnage of ships or vessels, to cause to be built and equipped so many revenue cutters not exceeding ten, as may be necessary to be employed for the protection of the revenue; the expense whereof shall be paid out of the product of the duties on goods, wares and merchandise imported into the United States, and on the tonnage of ships or vessels. (a)

Ibid. 98.

2. There shall be to each of the said revenue cutters, one captain or master, and not more than three lieutenants or mates, first, second and third, and not more than seventy Officers and men, (b) including non-commissioned officers, gunners and mariners. And the secretary crews. of the treasury is hereby authorized to cause contracts to be made for the supply of rations for the officers and men of the said revenue cutters: (c) Provided, That the said To co-operate revenue cutters shall, whenever the president of the United States shall so direct, when required. co-operate with the navy of the United States; during which time, they shall be under the direction of the secretary of the navy, and the expenses thereof shall be defrayed by the agents of the navy department.

with the navy,

Ibid. 99.

duties.

3. The officers of the said revenue cutters shall be appointed by the president of the United States, and shall respectively be deemed officers of the customs, and shall be sub- Appointment ject to the direction of such collectors of the revenue or other officers thereof as from of officers. time to time shall be designated for that purpose. They shall have power and authority, Their power and and are hereby required and directed to go on board all ships or vessels which shall arrive within the United States, or within four leagues of the coast thereof, if bound for the United States, and to search and examine the same and every part thereof, and to (a) See infra, 13.

cutters, so that the number do not exceed seven mariners to each

(b) The act 2 March 1793 37, had provided that the president cutter. 1 Stat. 337. might increase the complement of mariners to the several revenue (c) See infra, 7, as to rations.

returns.

2 March 1799. demand, receive and certify the manifests herein before required to be on board certain ships or vessels; and to affix and put proper fastenings on the hatches and other communications with the hold of any ship or vessel; and to remain on board the said ships To make weekly and vessels until they arrive at the port or place of their destination. It shall likewise be the duty of the master or other person having at any time the command of any of the said revenue cutters, to make a weekly return to the collector or other officer of the district under whose direction they are placed, of the transactions of the cutter under their command-specifying therein the vessels that have been boarded, their names and descriptions, the names of the masters, and from what port or place they last sailed, whether laden or in ballast, whether ships or vessels of the United States, or to what other nation belonging, and whether they have the necessary manifest or manifests of their cargoes on board, and generally all such matters as it may be necessary for the Further duties. collectors or other officers of the customs to be made acquainted with. And the officers

Ibid. 100. Cutters to be re

of the said cutters shall likewise execute and perform such other duties for the collection and security of the revenue as, from time to time, shall be enjoined and directed by the secretary of the treasury, not contrary to law and the provisions herein before contained. 4. That the president be and he is hereby authorized to cause other revenue cutters to be built or purchased in lieu of such as are or shall, from time to time, become unfit for newed from time further service; (a) and to cause such as are become so unfit for further service to be sold at public auction, and the proceeds of such sales to be paid into the treasury of the United States. And the expense of purchasing other cutters as aforesaid, as well as all future expenses of building, purchasing or repairing revenue cutters, shall be paid out of the product of the duties on goods, wares or merchandise imported into the United States, and on the tonnage of ships or vessels.

to time.

Ibid. 101.

5. The collectors of the respective districts may, with the approbation of the secretary Revenue boats. of the treasury, provide and employ such small open row and sail boats in each district, together with the number of persons to serve in them, as shall be necessary for the use of the surveyors and inspectors in going on board of ships or vessels, and otherwise for the better detection of frauds; the expense of which shall be defrayed out of the product of the duties.

Ibid. 102. Ensign and pendant.

May bring to vessels.

6. The cutters and boats employed in the service of the revenue shall be distinguished from other vessels by an ensign and pendant, with such marks thereon as shall be prescribed and directed by the president of the United States. And in case any ship or vessel liable to seizure or examination shall not bring to on being required, or being chased by any cutter or boat having displayed the pendant and ensign prescribed for vessels in the revenue service, it shall be lawful for the captain, master or other person having command of such cutter or boat, to fire at or into such vessel which shall not bring to after such pendant and ensign shall be hoisted and a gun shall have been fired To be indemni- by such cutter or boat as a signal; and such captain, master or other person as aforefied in using said, and all persons acting by or under his direction, shall be indemnified from any penalties or action for damages for so doing; and if any person shall be killed or wounded by such firing, and the captain, master or other person aforesaid shall be prosecuted or arrested therefor, such captain, master or other person shall be forthwith admitted to Penalty for using bail. And if any ship, vessel or boat, not employed in the service of the revenue, shall, revenue flags. within the jurisdiction of the United States, carry or hoist any pendant or ensign prescribed for vessels in the service aforesaid, the master or commander of the ship or vessel so offending shall forfeit and pay one hundred dollars.

force.

2 March 1799 3. 1 Stat. 709.

7. The pay of the non-commissioned officers, gunners and mariners employed in the said cutters, shall from time to time be established and varied by the president of the Pay and rations United States, not exceeding twenty dollars per month, with such rations as are or shall be allowed in the naval service of the United States.

of warrant officers and crews.

18 April 1814

3 Stat. 127.

Pensions to invalids.

2 July 1836

5 Stat. 65.

sioned officers.

1.

1.

8. The officers and seamen of the revenue cutters of the United States, who have been or may be wounded or disabled in the discharge of their duty whilst co-operating with the navy by order of the president of the United States, shall be entitled to be placed on the navy pension list, at the same rate of pension, and under the same regulations and restrictions as are now provided by law for the officers and seamen of the navy.

9. In lieu of pay, rations and all other allowances now authorized by law to the captains and first, second and third lieutenants of the revenue cutters of the United States, Pay of commis there shall be allowed and paid, quarterly, from and after the passage of this act, to each captain, at the rate of twelve hundred dollars per annum; to each first lieutenant, at the rate of nine hundred and sixty dollars per annum; to each second lieutenant, at the rate of eight hundred and sixty dollars per annum; to each third lieutenant at the rate of seven hundred and ninety dollars per annum.

(a) See 4 Opin. 145. And infra, 13.

5 Stat. 794.

assistant en

10. The president, by and with the like advice and consent, may appoint six engineers, 3 March 1845 37. to be employed in the revenue service of the United States, and the secretary of the treaBury may appoint six assistant engineers, to be employed in the like service; one engineer Engineers and and one assistant to be assigned to each steamer in the said service, if the same shall be gineers. deemed necessary by the secretary of the treasury, who shall prescribe the duties to be performed by said officers respectively. Each of the said engineers shall be entitled to receive the same pay as now is, or hereafter may be, by law, allowed to first lieutenants in the revenue service; and each assistant engineer shall be entitled to receive the same pay that now is, or hereafter may be, by law, allowed to third lieutenants in said service.

5 Stat. 795.

11. No revenue cutter or revenue steamer shall hereafter be built (excepting such as 3 March 1845 3 1. are now in the course of building and equipment) nor purchased, unless an appropriation be first made, by law, therefor.(a)

10 Stat. 639.

12. No person shall be appointed to the office of captain, first, second or third lieu- 2 March 1855 § 2. tenant, of any revenue cutter, who does not adduce competent proof of proficiency and skill in navigation and seamanship.

11 Stat. 157.

13. That the president of the United States be and is hereby authorized to cause to be 5 Feb. 1857 31. procured, by purchase or otherwise, a suitable steamer as a revenue cutter; and that the sum of one hundred and fifty thousand dollars be and is hereby appropriated for Steam cutter to be procured. that purpose, out of any moneys now in the treasury of the United States, and not otherwise appropriated.

11 Stat. 228.

14. That the president of the United States be and he is hereby authorized to construct 3 March 1857 § 5. the steam revenue cutter provided for by the act of congress, approved February 6th 1857, entitled "An act to authorize the president of the United States to cause to be pro- May be concured, by purchase or otherwise, a suitable steamer as a revenue cutter," by contract or tract, or otherotherwise, in any manner which in his judgment may seem best for the public interests.

structed by con

wise.

[blocks in formation]

1 Stat. 128.

1. The act entitled "An act to establish the judicial courts of the United States," 23 June 1790 1. shall have the like force and effect, within the state of Rhode Island and Providence Plantations, as elsewhere within the United States.

2. The said state shall be one district, to be called Rhode Island district; and there shall be a district court therein, to consist of one judge, who shall reside in the district, and be called a district judge, and shall hold annually four sessions; [the first to commence on the first Monday in August next, and the other three sessions progressively on the like Monday of every third calendar month afterwards.] The stated district court shall be held alternately at the towns of Newport and Providence, beginning at the first.

Ibid. 2.

District court.

2 Stat. 273. Sessions of the

3. The session of the district court for the district of Rhode Island, shall commence 23 March 1804 84. at Newport, on the second Tuesday in May, and third Tuesday in October; at Providence, the first Tuesday in August, and the first Tuesday in February annually; any district court. law to the contrary notwithstanding.

2 Stat. 696.

circuit court.

4. In lieu of the terms now established by law, the circuit court of the first circuit 26 March 1812 1 shall annually be holden as follows: * * * at Newport, on the fifteenth day of June, and at Providence, on the fifteenth day of November, within and for the district of Rhode Terms of the Island; * * * and whenever any of the said days shall happen on a Sunday, then the said court, hereby directed to be holden on said day, shall be holden on the next day thereafter.

II. COLLECTION DISTRICTS.

1 Stat. 629.

5. In the state of Rhode Island and Providence Plantations there shall be two dis- 2 March 1799 & 3. tricts, to wit: the district of Newport and the district of Providence. The district of Newport shall comprehend all the waters, shores, bays, harbors, creeks and inlets, from District of New. the west line of the said state all along the seacoast; and northward, up the Narra(a) See act 2 March 1855, authorizing the purchase or construction of four additional revenue cutters. 10 Stat. 630. And infra, 13-14

port.

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