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touch at any port or place in the adjacent British provinces, and the master or other 18 July 1866. person having charge of such vessel shall purchase any goods, wares or merchandise sea stores purfor the use of said vessel, said master or other person having charge of said vessel chased in the shall report the same, with cost and quantity thereof, to the collector or other officer of vinces, to be rethe customs, at the first port in the United States at which he shall next arrive, desig- ported, on oath. nating them "sea stores ;" and in the oath to be taken by such master or other person in charge of such vessel, on making said report, he shall declare that the articles so specified or designated "sea stores" are truly intended for the use exclusively of said vessel, and are not intended for sale, transfer or private use; and if, upon examination and inspection, by the collector or other officer of the customs, such articles are not deemed excessive in quantity for the use of said vessel for the voyage on which she is engaged,

such articles shall be declared free of duty; but if it shall be found that the quantity or If in excess, to quantities of such articles, or any part thereof, so reported are excessive, it shall be lawful be liable to duty. for the collector or other officer of the customs to estimate the amount of duty on such excess, which shall be forthwith paid by said master or other person having charge of

said vessel, on pain of forfeiting a sum of not less than one hundred dollars nor more Penalty. than four times the value of such excess, or said master or other person having charge

incurred.

of such vessel shall be liable to imprisonment for a term of not less than three months nor more than two years, at the discretion of the court. And if any other or greater When forfeiture quantity of dutiable articles shall be found on board such vessel than are specified in of vessel to be such report or entry of said articles, or any part thereof, shall be landed without a permit from a collector or other officer of the customs, such articles, together with the vessel, her apparel, tackle and furniture, shall be seized and forfeited: Provided always, That Saloon stores to articles purchased for the use of, or for sale on board, any steamboat, propeller or other be liable to duty. vessel, as "saloon stores or supplies," shall be deemed goods, wares and merchandise, and shall be liable (when purchased at a foreign port) to entry and the payment of the duties found to be due thereon, at the first port of arrival of such vessel in the United States; and for a failure on the part of the saloon keeper or person purchasing or owning such articles to report, make entries, and pay duties as hereinbefore required, such articles, together with the fixtures and other goods, wares, or merchandise, found in such saloon or on or about such vessel belonging to and owned by such saloon keeper or other. person interested in such saloon, shall be seized and forfeited; and such saloon keeper or other person purchasing and owning as aforesaid shall forfeit and pay the sum of not less than one hundred dollars nor more than five hundred dollars, and in addition thereto shall be imprisoned for a term not less than three months nor more than two years.

Ibid. 23.

Equipments purchased abroad to

be entered, and pay duty.

If obtained through neces refunded.

sity, duty to be

5. The equipments, or any part thereof (including boats), purchased for, or the expenses of repairs made in a foreign country upon, a vessel enrolled and licensed under the laws of the United States to engage in the foreign and coasting trade on the northern, north-eastern, and north-western frontiers of the United States, or a vessel intended to be employed in such trade, shall, on the first arrival of such vessel in any port of the United States, be liable to entry and the payment of an ad valorem duty of fifty per centum on the cost thereof in such foreign country; and if the owner or owners or master of such vessel shall wilfully and knowingly neglect or fail to report make entry, and pay duties as herein required, such vessel, with her tackle, apparel and furniture, shall be seized and forfeited: Provided, That if the owner or owners or master of such vessel shall furnish good and sufficient evidence that such vessel, while in the regular course of her voyage, was compelled by stress of weather, or other casualty, to put into said foreign port and purchase such equipments, or make such repairs, to secure the safety of the vessel to enable her to reach her port of destination, then it shall be competent for the secretary of the treasury to remit or refund such duties, and such vessel shall not be liable to forfeiture: and no license, or enrolment and license, or License and enrenewal of either, shall hereafter be issued to any such vessel, until the collector to whom rolment to be application is made for the same shall be satisfied, from the oath of the owner or master, duties are paid. that all such equipments and repairs, made within the year immediately preceding such application, have been duly accounted for under the provisions of this section, and the duties accruing thereon after the passage of this act duly paid; and if such owner or master shall refuse to take such oath, or take it falsely, the vessel shall be seized and forfeited.

withheld, until

Ibid. ? 26.

ed from one do

6. No goods, wares or merchandise, taken from any port or place in the United States, on the northern, north-eastern or north-western frontiers thereof, to a port or place in Goods transportanother collection district of the United States on said frontiers, in any ship or vessel, mestic port to shall be unladen or delivered from such ship or vessel, within the United States, but in another, to be open day, that is to say, between the rising and the setting of the sun, except by special day, unless by license from the collector or other principal officer of the port for the purpose, nor at any

unladen in open

special license.

18 July 1866.

time without a permit from such collector or other principal officer for such unlading or delivery. And the owner or owners of every vessel whose master or manager shall neglect to comply with the provisions of this section, shall forfeit and pay to the United States a sum not less than one hundred dollars nor more than five hundred dollars: Provided, That the secretary of the treasury be and he is hereby authorized, from time to time, to make such regulations as to him shall seem necessary and expedient, for unlading at and clearance from any port or place on said frontiers of ships or vessels at night.(a)

12 June 1858 2 1. 11 Stat. 320.

Allowance for subsistence, on Cost survey service.

Coast Survey.

1. Allowance for subsistence, on coast survey service.

1. The secretary of the treasury may make such allowances to the officers and men of the army and navy, while employed on coast survey service, for subsistence, in addition to their compensation, as he may deem necessary, not exceeding the sum authorized by the treasury regulation of the 11th May 1844.

I. COINS OF THE UNITED STATES.

Coinage.

1. Standard weight, &c., of the cent. Two-cent pieces.

2 Present laws extended thereto.

3. Duty of director of the mint.

4. For what amount to be a legal tender.

5. Penalty for issuing imitations thereof, &c.

6. Three-cent pieces to be coined.

7. Existing laws extended thereto.

8. For what to be a legal tender.

9. Penalty for issuing tokens of such denominations.

10. Device on the coins of the United States.

11. For what amount one and two cent pieces to be a legal tender.

12. Five-cent pieces to be coined.

13. Present laws extended thereto.

14. For what amount to be a legal tender.

15 Penalty for issuing imitations thereof, &c.

16. Treasury notes may be redeemed in such coin.

II. FOREIGN COINS CURRENT IN THE UNITED STATES. 17. Value of the silver florin of Austria.

I. COINS OF THE UNITED STATES.

22 April 1864 1. 13 Stat. 54.

&c, of the cent.

Two-cent pieces.

1. The standard weight of the cent coined at the mint of the United States shall be forty-eight grains, or one-tenth of one ounce troy; and said cent shall be composed of Standard weight, ninety-five per centum of copper, and five per centum of tin and zinc, in such proportions as shall be determined by the director of the mint; and there shall be, from time to time, struck and coined at the mint a two-cent piece, of the same composition, the standard weight of which shall be ninety-six grains, or one-fifth of one ounce troy, with no greater deviation than four grains to each piece of said cent and two-cent coins; and the shape, mottoes and devices of said coins shall be fixed by the director of the mint, with the approval of the secretary of the treasury; and the laws now in force relating to the coinage of cents, and providing for the purchase of material and prescribing the appropriate duties of the officers of the mint and the secretary of the treasury, be and the same are hereby extended to the coinage herein provided for.

Ibid. § 2. Present laws ex

tended thereto.

Ibid. 3.

2. All laws now in force, relating to the coins of the United States, and the striking and coining the same, shall, so far as applicable, be extended to the coinage herein authorized, whether said laws are penal or otherwise, for the security of the coin, regulating and guarding the process of striking and coining, for preventing debasement or counterfeiting, or for any other purpose.

3. The director of the mint shall prescribe suitable regulations to insure a due conDuty of director formity to the required weights and proportions of alloy in the said coins; and shall order trials thereof to be made, from time to time, by the assayer of the mint, whereof a report shall be made in writing to the director.

of the mint.

Ibid. 4.

For what amount to be a legal tender.

4. The said coins shall be a legal tender in any payment, the one-cent coin to the amount of [ten] cents, and the two-cent coin to the amount of [twenty] cents ; (b) and it shall be lawful to pay out said coins in exchange for the lawful currency of the United States (except cents or half-cents issued under former acts of congress), in suitable sums, by the treasurer of the mint, and by such other depositaries as the secretary of the treasury may designate, under general regulations proposed by the ductions and free merchandise only, to unlade their cargoes without previously obtaining a permit to unlade. 14 Stat. 894. (b) See infra 11.

(a) The act 18 February 1867, 2, provides that the secretary may, in his discretion, make such regulations as shall enable vessels engaged in the coasting trade between ports and places upon Lake Michigan exclusively, and laden with American pro

director of the mint and approved by the secretary of the treasury; and the expenses 22 April 1864. incident to such exchange, distribution and transmission may be paid out of the profits of said coinage; and the net profits of said coinage, ascertained in like manner as is prescribed in the second section of the act to which this is a supplement, shall be transferred to the treasury of the United States.

Ibid. 5.

thereof, &c.

5. If any person or persons shall make, issue or pass, or cause to be made, issued or passed, any coin, card, token or device whatsoever, in metal or its compounds, Penalty for issuintended to pass or be passed as money for a one-cent piece or a two-cent piece, such ing imitations person or persons shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine not exceeding one thousand dollars, and by imprisonment for a term not exceeding five years.

13 Stat. 517.

to be coined.

6. There shall be coined at the mint of the United States a three-cent piece, com- 3 March 1865 1. posed of copper and nickel in such proportions, not exceeding twenty-five per centum of nickel, as shall be determined by the director of the mint, the standard weight of Three-cent pieces which shall be thirty grains, with no greater deviation than four grains to each piece; and the shape, mottoes and devices of said coin shall be determined by the director of the mint, with the approval of the secretary of the treasury. And the laws now in force relating to the coinage of cents, and providing for the purchase of material and prescribing the appropriate duties of the officers of the mint, and of the secretary of the treasury, be and the same are hereby extended to the coinage herein provided for.

Ibid. 2.

7. All laws now in force, relating to the coins of the United States, and the striking and coinage of the same, shall so far as applicable be extended to the coinage Existing laws exherein authorized, whether said laws are penal or otherwise, for the security of the tended thereto. coin, regulating and guarding the process of striking and coining, for preventing debasement or counterfeiting, or for any other purpose. And the director of the mint shall prescribe suitable regulations to insure a due conformity to the required weights and proportions of alloy in the said coin, and shall order trials thereof to be made, from time to time, by the assayer of the mint, whereof a report shall be made in writing to the director.

Ibid. 3.

8. The said coin shall be a legal tender in any payment to the amount of sixty cents. And it shall be lawful to pay out said coins in exchange for the lawful currency of the For what to be a United States (except cents or half cents or two-cent pieces issued under former acts of legal tender. congress), in suitable sums by the treasurer of the mint, and by such other depositaries as the secretary of the treasury may designate, and under general regulations approved by the secretary of the treasury; and under the like regulations the same may be exchanged in suitable sums for any lawful currency of the United States. And the expenses incident to such exchange, distribution and transmission, may be paid out of the profits of said coinage, and the net profits of said coinage, ascertained in like manner as is prescribed in the 2d section of the act entitled "An act relating to foreign coins, and the coinage of cents at the mint of the United States," approved February 21st 1857, shall be transferred to the treasury of the United States: Provided, That from and after the passage of this act, no issues of fractional notes of the United States shall be of a less denomination than five cents, and all such issues of a less denomination at that time outstanding, shall, when paid into the treasury or any designated depositary of the United States, or redeemed or exchanged as now provided by law, be retained and cancelled.

Ibid. 4.

such denomina

9. If any person or persons shall knowingly make, issue or pass, or cause to be made, issued or passed, any coin, card, token or device whatsoever, in metal or its compounds, Penalty for issuintended to pass or be passed as money, for the coin authorized by this act, or for coin ing tokens of of equal value, such person or persons shall be deemed guilty of a misdemeanor, and tions. shall, on conviction thereof, be punished by a fine not exceeding one thousand dollars, and by imprisonment for a term not exceeding five years, at the discretion of the court. 10. In addition to the devices and legends upon the gold, silver and other coins of the United States, it shall be lawful for the director of the mint, with the approval of the secretary of the treasury, to cause the motto "In God we trust," to be placed upon such coins hereafter to be issued, as shall admit of such legend thereon.

11. The one and two cent coins of the United States shall not be a legal tender for any payment exceeding four cents in amount; and so much of the laws of the United States heretofore enacted as are in conflict with the provisions of this act, are hereby repealed.

Ibid. 25. Device on the

coins of the

United States.

Ibid. 26.

14 Stat. 47.

12. There shall be coined at the mint of the United States a five-cent piece composed 16 May 1866 ? 1. of copper and nickel, in such proportions, not exceeding twenty-five per centum of nickel, as shall be determined by the director of the mint, the standard weight of which Five-cent pieces shall be seventy-seven and sixteen-hundredths grains, with no greater deviation than two

to be coined.

16 May 1866.

Ibid. 2.

Present laws extended thereto.

Ibid. 23.

For what amount

der.

grains to each piece; and the shape, mottoes and devices of said coin shall be determined by the director of the mint, with the approval of the secretary of the treasury. And the laws now in force relating to the coinage of cents, and providing for the purchase of material, and prescribing the appropriate duties of the officers of the mint and the secretary of the treasury, be and the same are hereby extended to the coinage herein provided for.

13. All laws now in force relating to the coins of the United States, and the striking and coining of the same, shall, so far as applicable, be extended to the coinage herein authorized, whether said laws are penal or otherwise, for the security of the coin, regulating and guarding the process of striking and coining, for preventing debasement or counterfeiting, or for any other purpose. And the director of the mint shall prescribe suitable regulations to insure a due conformity to the required weights and proportions of alloy in the said coin, and shall order trials thereof to be made from time to time by the assayer of the mint, whereof a report shall be made in writing to the director.

14. Said coin shall be a legal tender in any payment to the amount of one dollar. And it shall be lawful to pay out such coins in exchange for the lawful currency in the to be a legal ten- United States (except cents or half cents, or two-cent pieces, issued under former acts of congress), in suitable sums, by the treasurer of the mint, and by such other depositaries as the secretary of the treasury may designate, and under general regulations approved by the secretary of the treasury; and under the like regulations the same may be exchanged in suitable sums for any lawful currency of the United States. And the expenses incident to such exchange, distribution and transmission may be paid out of the profits of said coinage; and the net profits of said coinage, as ascertained in the manner prescribed in the second section of the act entitled "An act relating to foreign coins and the coinage of cents at the mint of the United States," approved February 21st 1857,(a) shall be transferred to the treasury of the United States: Provided, That from and after the passage of this act, no issues of fractional notes of the United States shall be of a less denomination than ten cents; and all such issues at that time outstanding shall, when paid into the treasury or any designated depository of the United States, or redeemed or exchanged as now provided by law, be retained and cancelled.

Ibid. 24.

Penalty for issuing imitations thereof, &c.

Ibid. 25. Treasury notes

15. If any person or persons not lawfully authorized shall knowingly make, issue or pass, or cause to be made, issued or passed, or aid in the making, issuing or passing of any coin, card, token or device whatsoever, in metal or its compound, intended to pass or be passed as money for the coin authorized by this act, or for coin of equal value, such person or persons shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine not exceeding one thousand dollars, and by imprisonment for a terin not exceeding five years, at the discretion of the court.

16. It shall be lawful for the treasurer and the several assistant treasurers of the United States to redeem in national currency, under such rules and regulations as may may be redeemed be prescribed by the secretary of the treasury, the coin herein authorized to be issued, when presented in sums of not less than one hundred dollars.

in such coin.

3 March 1861 1. 12 Stat. 207.

II. FOREIGN COINS CURRENT IN THE UNITED STATES.

17. That the new silver florin of Austria shall, in all computations at the customhouse, be estimated at forty-six cents and nineteen hundreths of a cent.(b)

[blocks in formation]

21 Mar. 1864 1. 13 Stat. 32.

Inhabitants au

thorized to form a state govern

ment.

8. Five per cent. of proceeds of public lands for improvements.

9. Laws of the United States extended over Colorado. Judicial district.

II. LANDS AND LAND OFFICES.

10. Surveyor-general.

11. Pre-emption rights.

12. Colorado district. Register and receiver.

I. ADMISSION INTO THE UNION.

1. The inhabitants of that portion of the territory of Colorado included in the boundaries hereinafter designated, be and they are hereby authorized to form for themselves, out of said territory, a state government, with the name aforesaid; which said state, when formed, shall be admitted into the Union upon an equal footing with the original states, in all respects whatsoever.

(a) 1 vol. 156, pl. 40. (b) The proviso to the 61st section of the act 2 March 1799 (1 vol. 154, pl. 22) is not repealed by the act 22 May 1846 (1 vol. 156, pl. 38). Grant v. Maxwell, 2 Blatch. C. C. 220. But in order to obtain the benefit of it, the party must produce the evidence

prescribed by the treasury regulations. Dutilh v. Maxwell, Ibid. 541. And see Craig v. Maxwell, Ibid. 545. Dutilh v. Maxwell, Ibid. 548. Fiedler v. Maxwell, Ibid. 552. Reynolds v. Maxwell, Ibid. 555. Alsop v. Maxwell, Ibid. 557. Alsop v. Maxwell, 3 Blatch. C. C. 399.

2. The said state of Colorado shall consist of all the territory included within the 21 Mar. 1864 ¿ 2. following boundaries, to wit: commencing at a point formed by the intersection of the Boundaries. thirty-seventh degree of north latitude with the twenty-fifth degree of longitude west from Washington; extending thence due west along said thirty-seventh degree of north latitude to a point formed by its intersection with the thirty-second degree of longitude west from Washington; thence due north along said thirty-second degree of west longitude to a point formed by its intersection with the forty-first degree of north latitude; thence due east along said forty-first degree of north latitude to a point formed by its intersection with the twenty-fifth degree of longitude west from Washington; thence due south along said twenty-fifth degree of west longitude.

Ibid. 24.

3. Provided, That the constitution, when formed, shall be republican and not repugnant to the constitution of the United States and the principles of the declaration of Conditions of the independence: And provided further, That said convention shall provide, by an ordi- constitution. nance irrevocable, without the consent of the United States and the people of said state : I. That there shall be neither slavery nor involuntary servitude in the said state, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted.

dom.

II. That perfect toleration of religious sentiment shall be secured, and no inhabitant Religious freeof said state shall ever be molested in person or property on account of his or her mode of religious worship.

III. That the people inhabiting said territory do agree and declare that they for ever Public lands. disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States; and that the lands belonging to citizens of the United States, residing without the said state, shall never be taxed higher than the land belonging to residents thereof, and that no taxes shall be imposed by said state on lands or property therein belonging to, or which may hereafter be purchased by, the United States.

Ibid. 26.

4. Until the next general census shall be taken, said state of Colorado shall be entitled to one representative in the house of representatives of the United States; which repre- Representation sentative, together with the governor and state and other officers provided for in said in congress. constitution, may be elected on the same day a vote is taken for or against the proposed constitution and state government.

5. Sections numbered sixteen and thirty-six, in every township, and where such sections have been sold, or otherwise disposed of by any act of congress, other lands equivalent thereto, in legal subdivisions of not less than one quarter-section, and as contiguous as may be, shall be and are hereby granted to said state for the support of common schools.

Ibid. 7.

School lands.

Ibid. 8.

6. Provided the state of Colorado shall be admitted into the union, in accordance with the foregoing provisions of this act, that twenty entire sections of the unappro- Lands for public priated public lands within that state, to be selected and located by direction of the buildings. legislature thereof, on or before the first day of January, Anno Domini 1868, shall be and they are hereby granted, in legal subdivisions of not less than one hundred and sixty acres, to said state, for the purpose of erecting public buildings at the capital of said state, for legislative and judicial purposes, in such manner as the legislature shall prescribe.

7. Twenty other entire sections of land as aforesaid, to be selected and located as Ibid. 29. aforesaid, in legal subdivisions as aforesaid, shall be and they are hereby granted to said Lands for penistate, for the purpose of erecting a suitable building for a penitentiary or state prison in tentiary. the manner aforesaid.

Ibid. 10.

lic lands for im

8. Five per centum of the proceeds of the sales of all public lands lying within said state, which shall be sold by the United States, subsequent to the admission of said state Five per cent. of into the Union, after deducting all the expenses incident to the same, shall be paid to proceeds of pubthe said state for the purpose of making and improving public roads, constructing provements. ditches or canals, to effect a general system of irrigation of the agricultural land in the state, as the legislature shall direct.

Ibid. 11.

9. From and after the admission of the said state of Colorado into the Union, in pursuance of this act, the laws of the United States not locally inapplicable shall have the Laws extended. same force and effect within the said state as elsewhere within the United States; and said state shall constitute one judicial district, and be called the district of Colorado.

II. LANDS AND LAND OFFICES.

Judicial district.

12 Stat. 176.

10. The president of the United States, by and with the advice and consent of the 28 Feb. 1861 & 17 senate, shall be and he is hereby authorized to appoint a surveyor-general for Colorado, who shall locate his office at such place as the secretary of the interior shall from time Surveyor-geneto time direct, and whose duties, powers, obligations, responsibilities, compensation and

ral.

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