Page images
PDF
EPUB

cluding the troops mustered into the service of the United States by virtue of the third section of an act approved February thirteen, eighteen hundred and sixty-two, and every seaman, marine, and officer who has served in the Navy of the United States, or in the Marine Corps, during the rebellion, for ninety days, and who was honorably discharged, and has remained loyal to the Government, shall, on compliance with the provisions of this chapter, as hereinafter modified, be entitled to enter upon and receive patents for a quantity of public lands not exceeding one hundred and sixty acres, or one quarter-section, to be taken in compact form, according to legal subdivisions, including the alternate reserved sections of public lands along the line of any railroad or other public work, not otherwise reserved or appropriated, and other lands subject to entry under the homestead laws of the United States; but such homestead settler shall be allowed six months after locating his homestead, and filing his declaratory statement, within which to make his entry and commence his settlement and improvement.

of

military and na

Ibid.

SEC. 2305. The time which the homestead settler has Deduction served in the Army, Navy, or Marine Corps shall be deducted val service from from the time heretofore required to perfect title, or if dis- time, etc. charged on account of wounds received or disability incurred in the line of duty, then the term of enlistment shall be deducted from the time heretofore required to perfect title, without reference to the length of time he may have served; but no patent shall issue to any homestead settler who has not resided upon, improved, and cultivated his homestead for a period of at least one year after he shall have commenced his improvements.

Actual service in the Army or

residence, etc.

SEC. 2308. Where a party at the date of his entry of a tract of land under the homestead laws, or subsequently Navy equivalent thereto, was actually enlisted and employed in the Army too, 3. 1. or Navy of the United States, his services therein shall, in the administration of such homestead laws, be construed to be equivalent, to all intents and purposes, to a residence for the same length of time upon the tract so entered. And if his entry has been canceled by reason of his absence from such tract while in the military or naval service of the United States, and such tract has not been disposed of, his entry shall be restored; but if such tract has been disposed of, the party may enter another tract subject to entry under the homestead laws, and his right to a patent therefor may be determined by the proofs touching his residence and cultivation of the first tract and his absence therefrom in such service.

SEC. 2309. Every soldier, sailor, marine, officer, or other, Who may enter by agent. person coming within the provisions of section twenty-three Ibid., s. 5, p. hundred and four, may, as well by an agent as in person, 334. enter upon such homestead by filing a declaratory statement, as in pre-emption cases; but such claimant in person shall within the time prescribed make his actual entry, commence settlements and improvements on the same, and thereafter fulfill all the requirements of law.

Title 15,chap.10.

Sec.

IMPORTATIONS, ETC.

1624. Importing in public vessels.

Sec.

2791. Public vessels need not enter.

SEC. 1624, Art. 12. No person connected with the Navy Importing in shall, under any pretense, import in a public vessel any public vessels. July 30, 1846, s. article which is liable to the payment of duty.

10, v. 9, p. 44. See

sec. 2760, Revenue-Cutter Service.

need not enter.

Mar. 2, 1799, s.

Title 34, chap. 4. SEC. 2791. It shall not be necessary for the master of any Public vessels vessel of war, or of any vessel employed by any prince, or state, as a public packet for the conveyance of letters and dispatches, and not permitted by the laws of such prince or state to be employed in the transportation of merchandise, in the way of trade, to make report and entry.

31, v. 1, p. 651.

See note 1.

Title 55.

Sec.

LIGHT-HOUSE BOARD AND LIGHTS AND BUOYS.

Sec.

4653. Organization of the Light-House 4679. Restriction on compensation of offi. Board.

4654. President of the Board.

4655. Chairman.

Act July 26, 1886. Light-house districts.
4671. Light-house inspectors.
4578. Color of buoys prescribed.

cers, etc.

4680. Officers, etc., not to be interested in contracts.

Act July 26, 1886. Jurisdiction over certain rivers.

SEC. 4653. The President shall appoint two officers of the Organization Navy, of high rank, two officers of the Corps of Engineers of the Light of the Army, and two civilians of high scientific attainAug. 31, 1852,8. ments, whose services may be at the disposal of the Presi 8, v. 10, p. 119.

House Board.

President of

the board.
Ibid., s. 9.
Chairman.
Ibid.

July 26, 1886.

dent, together with an officer of the Navy and an officer of engineers of the Army, as secretaries, who shall constitute the Light-House Board.

SEC. 4654. The Secretary of the Treasury shall be exofficio president of the Light-House Board.

SEC. 4655. The Light-House Board shall elect, by ballot, one of their number as chairman of the board, who shall preside at their meetings, when the president is absent, and shall perform such acts as may be prescribed by the rules of the board.

That section forty-six hundred and seventy of the Revised 24 Stat. L., 148. Statutes is hereby amended so as to read as follows: "The Light-House Board shall arrange the ocean, gulf, lake, and river coasts of the United States into light-house Substitute for districts, not exceeding sixteen in number.

Ligt-house districts may be sixteen.

R. S., sec. 4670.

Persons over

"That any law or regulation prohibiting the employment 45 permitted to in the light-houses of the United States of persons of more than forty-five years of age be and the same is hereby repealed."

serve in lighthouses.

Light-house

districts. Ibid., s. 12.

SEC. 4671. An officer of the Army or Navy shall be assigned to each district as a light-house inspector, subject to the orders of the Light-House Board; and shall receive for such service the same pay and emoluments that he would be entitled to by law for the performance of duty in the regular line of his profession, and no other, except the legal allowance per mile, when traveling under orders connected with his duties.

Note 1.-The free list showing the articles which are admitted free of duty may be found in the act of July 24, 1897, and is too long to be inserted in this compilation. (See Stat. L., vol. 30, p. 151.)

prescribed.

SEC. 4678. All buoys along the coast, or in bays, harbors, Color of buoys sounds, or channels, shall be colored and numbered, so that Sept. 28., 1850, passing up the coast or sound, or entering the bay, harbor, s. 6, v. 9, p. 504. or channel, red buoys with even numbers shall be passed on the starboard hand, black buoys with uneven numbers on the port hand, and buoys with red and black stripes on either hand. Buoys in channel-ways shall be colored with alternate white and black perpendicular stripes.

SEC. 4679. No additional salary shall be allowed to any civil, military, or naval officer on account of his being employed on the Light-House Board, or being in any manner attached to the light-house service.

SEC. 4680. No member of the Light-House Board, inspector, light-keeper, or other person in any manner connected with the light-house service, shall be interested, either directly or indirectly, in any contract for labor, materials, or supplies for the light-house service, or in any patent, plan, or mode of construction or illumination, or in any article of supply for the light-house service.

Restriction ap on compensation officers, etc.

of

Aug. 31, 1852, s. 17, v. 10, p. 120.

etc.,

Officers, ed in contracts.

not to be interest

Ibid.

June 23, 1874.

Board extended.

That the jurisdiction of the Light-House Board, created by the act entitled "An act making appropriations for light- Jurisdiction of houses, light-boats, buoys, and so forth, and providing for Light-House the erection and establishment of the same, and for other 1852, ch. 112, s, purposes," approved August thirty-first, eighteen hundred 8, v. 10, p. 118. and fifty-two, is hereby extended over the Mississippi, Ohio, and Missouri Rivers, for the establishment of such beaconlights, day-beacons, and buoys as may be necessary for the use of vessels navigating those streams; and for this purpose the said board is hereby required to divide the desig- tricts. nated rivers into one or two additional light-house districts, June 23, 1874, v. to be in all respects similar to the already existing light-18, p. 204. house districts; and is hereby authorized to lease the necessary ground for all such lights and beacons as are used

to point out changeable channels, and which in consequence cannot be made permanent.

376-21

Additional light-house dis

Sec.

MERCHANT VESSELS AND SERVICE. YACHTS.

[blocks in formation]

4515. Penalty for knowingly shipping sea-
men without articles.

4516. Lost seamen may be replaced.
4517. Shipping seamen in foreign ports.
4518. Penalty for violating preceding sec-
tion.

4538. Effects of deceased seamen.
4539. Proceedings in regard to effects.
4540. Penalty for neglect in regard to sea-
men's effects.

4541. Duties of consular officers in regard
to deceased seamen's effects.
4548. Wages payable in gold.
4559. Appointment of inspectors by con-
sul in foreign ports.

4560. Report of inspectors.
Act June 26, 1894. Discharge of seamen
and payment of extra wages on
account of unseaworthiness of
vessel.

Sec.

4562. Payment of charges for inspection. 4563. Refusal to pay wages, charges, and damages; penalty.

4565. Examination of provisions.
4566. Forfeiture for false complaint.
4567. Permission to enter complaint.
4577. Return of seamen.

Act June 26, 1884. Destitute seamen to
be transported to United States
by masters of vessels at cost of
United States. Penalty for re-
fusal.
4579. Additional allowance for transporta-
tion of destitute seamen.

Act June 26, 1884. Discharge of seamen
and payment of wages.
4581. Penalty for neglect to collect extra
wages.

Act June 26, 1884. Extra wages upon dis.
charge in case of sale.

Act June 26, 1884. Extra wages when voyage is prolonged or discharge is for injuries received.

4589. Protest upon impressment.

Act June 26, 1884. Reclamation and discharge of deserters.

5363. Abandonment of mariners.

Title 53, chap. 2.

cles.
June 7, 1872, s.
12, v. 17, p. 264;

17, p. 410.

182.

SEAMEN.

SEC. 4511. The master of every vessel bound from a port Shipping arti. in the United States to any foreign port other than vessels engaged in trade between the United States and the British North American possessions, or the West India Islands, Jan. 15, 1873, v. or the Republic of Mexico, or of any vessel of the burden 19 A. G. Op., p. of seventy-five tons or upward, bound from a port on the Atlantic to a port on the Pacific, or vice versa, shall, before he proceeds on such voyage, make an agreement, in writing or in print, with every seaman whom he carries to sea as one of the crew, in the manner hereinafter mentioned; and every such agreement shall be, as near as may be, in the form given in the table marked A, in the schedule annexed to this Title, and shall be dated at the time of the first signature thereof, and shall be signed by the master before any seaman signs the same, and shall contain the following particulars:

Rules for shipping articles.

First. The nature, and, as far as practicable, the duration of the intended voyage or engagement, and the port or country at which the voyage is to terminate.

Second. The number and description of the crew, specifying their respective employments.

Third. The time at which each seaman is to be on board, to begin work.

Fourth. The capacity in which each seaman is to serve. Fifth. The amount of wages which each seaman is to receive.

SEC. 4512. The following rules shall be observed with June 7, 1872, s. respect to agreements: 13, v. 17, p. 265.

First. Every agreement, except such as are otherwise specially provided for, shall be signed by each seaman in the presence of a shipping commissioner.

Second. When the crew is first engaged the agreement shall be signed in duplicate, and one part shall be retained by the shipping-commissioner, and the other part shall contain a special place or form for the description and signatures of persons engaged subsequently to the first departure of the ship, and shall be delivered to the master.

Third. Every agreement entered into before a shippingcommissioner shall be acknowledged and certified under the hand and official seal of such commissioner. The certificate of acknowledgment shall be indorsed on or annexed to the agreement; and shall be in the following form:

[ocr errors]

County of
day of

:

"State of
"On this
personally appeared before
me, a shipping-commissioner in and for the said county,
A. B., C. D., and E. F., severally known to me to be the
same persons who executed the foregoing instrument, who
each for himself acknowledged to me that he had read or
had heard read the same; that he was by me made ac-
quainted with the conditions thereof, and understood the
same; and that, while sober and not in a state of intoxica-
tion, he signed it freely and voluntarily, for the uses and
purposes therein mentioned."

Vessels in coast

tions, exempt

missioners' act.

That none of the provisions of an act entitled "An act to June 9, 1874. authorize the appointment of shipping commissioners by 18 Stat. L., 64. the several circuit courts of the United States to super- wise trade, with intend the shipping and discharge of seamen engaged in certain excep. merchant ships belonging to the United States, and for the from provisions further protection of seamen" shall apply to sail or steam of shipping comvessels engaged in the coastwise trade, except the coastwise R. S., secs. 2174; trade between the Atlantic and Pacific coasts, or in the 4529, 4531-4536, lake-going trade touching at foreign ports or otherwise, or 4538-4545, 4549in the trade between the United States and the British 4592-4597, 4599, North American possessions, or in any case where the sea- 4600, 4602-4607, men are by custom or agreement entitled to participate in the profits or result of a cruise, or voyage.

That chapter eight hundred and one of the Public Laws of the Fifty-first Congress, entitled "An Act to amend the Act relative to shipping commissioners, approved August nineteenth, eighteen hundred and ninety, is hereby amended so as to read as follows:

"When a crew is shipped by a shipping commissioner for any American vessel in the coastwise trade, or the trade between the United States and the Dominion of Canada,

Note 1.-The act of June 7, 1872, ch. 322 (17 Stat. L., 262), is incorporated into the Revised Statutes in the sections noted in the margin.

These provisions relate mainly to the shipment and discharge of crews by shipping commissioners. Such shipment and discharge are made by this act inapplicable to the crews of vessels engaged in the coastwise trade, but June 19, 1886, ch. 421, s. 2 (1 Supp. R. S., 493), makes the shipment and discharge of such crews permissible, and Aug. 19, 1890, ch. 801 (1 Supp. R. S., 780), makes it compulsory.

For these reasons the act in the text appeared to the editor to be superseded by those of 1886 and 1890, and was omitted from the second edition of the first volume of this work.

There seems to be some question, however, whether the act in the text is not still so far in force as to prevent the operation of R. S., sec. 4536, upon crews of vessels in the coastwise trade. The editor followed the opinion of Judge Benedict in McCarty v. Steam Propeller City of New Bedford (4 Fed. Rep., 821), that the provisions of R. S., sec. 4536, are unaffected by the act of 1874, and therefore omitted the act.

It seems, however, that there is a difference of opinion on that point, and the act is therefore here restored.

4501-4520, 4523

4555, 4565-4572,

609, 4610, 4612.4 2 Lowell, 381. See note 1.

Feb. 18, 1895.

28 Stat. L., 667. Shipment of men.

merchant sea

Substitute for Aug. 19, 1890, ch. 801 (1 Supp. R. S., 780).

[blocks in formation]
« PreviousContinue »