Vessels employ forfeiture of. Pension fund, Navy. triple the value of the trees or timber so cut, destroyed, or removed, and shall be imprisoned not exceeding twelve months. SEC. 2462. If the master, owner, or consignee of any vesed in carrying away live oak sel shall knowingly take on board any timber cut on lands and red cedar, which have been reserved or purchased as in the preceding Idem, s. 2. section prescribed, without proper authority, and for the use See sec. 4751, of the Navy of the United States; or shall take on board any live-oak or red-cedar timber cut on any other lands of the United States, with intent to transport the same to any port or place within the United States, or to export the same to any foreign country, the vessel on board of which the same shall be taken, transported, or seized, shall, with her tackle, apparel, and furniture, be wholly forfeited to the United States, and the captain or master of such vessel wherein the same was exported to any foreign country against the provisions of this section shall forfeit and pay to the United States a sum not exceeding one thousand dollars. Aug. 4, 1892. stone lands in all 151 (1 Supp. R. S., 167). 2. Forest reservations not affected. SEC. 2. That an act entitled "An act for the sale of tim27 Stat. L., 348. ber lands in the State of California, Oregon, Nevada, and Timber and Washington Territory," approved June third, eighteen hunpublic land dred and seventy-eight, be, and the same is hereby, amended States may be sold. by striking out the words "States of California, Oregon, 1878, June 3, ch. Nevada, and Washington Territory" where the same occur in the second and third lines of said act, and insert in lieu See notes 1 and thereof the words "public-land States," the purpose of this act being to make said act of June third, eighteen hundred and seventy-eight, applicable to all the public-land States. SEC. 3. That nothing in this act shall be construed to 1891, Mar. 3, ch. repeal section twenty-four of the act entitled "An act to 561. 8. 24 (1 Supp. repeal timber-culture laws, and for other purposes," proved March third, eighteen hundred and ninety-one. That the Secretary of the Navy be, and he is hereby, 28 Stat. L., 814. authorized to cause to be certified to the Secretary of the Supp. R. s. Interior, for restoration to the public domain, the whole or 1892-95, p. 426. Public lands. Such portion or portions of the several tracts of land in the Naval reserves States of Alabama and Mississippi heretofore set apart and Mississippi re reserved for naval uses as are no longer required for the purposes for which they were reserved, or for any purposes R. S., secs. 2458- connected with the naval service; and upon such certification the tracts of land described therein shall be duly restored to and become a part of the public lands of the United States R. S., 947). Mar. 2, 1895. Alabama and stored to settle ment. 2462. Homesteaders ence. ap and a preference right of entry for a period of six months to have prefer- from the date of this Act shall be given all bona fide settlers R. S., secs. 2289; who are qualified to enter under the homestead law and by Mar. 3, 1891, have made improvements and are now residing upon any Supp. R S., 942), agricultural lands in said reservations, and for a period of 2290, as amended ch. 561., s. 5 (1 Stone land sales. Forest reservations. Note 1.-This act of 1878, June 3, ch. 151 (1 Supp. R. S., 167), while its title includes only timber lands, provides also (s. 1) that lands valuable chiefly for stone may be sold on the same terms as timber lands. Note 2.-This section provides that the President may set apart public lands wholly or in part covered with timber or undergrowth, as public reservations. six months from the date of settlement when that shall occur after the date of this Act: See title Homesteads," secs. 2289 and 2290. рау арpraised value. Provided, That persons who enter under the homestead-to law shall pay for such lands not less than the value heretofore or hereafter determined by appraisement, nor less than the price of the land at the time of the entry; ments. and such payment may, at the option of the purchaser, -in be made in five equal installments, at times and at rates of interest to be fixed by the Secretary of the Interior: Provided, That so much of the said lands as are situated on Back Bay, near the city of Biloxi, in the State of Missis sippi, shall be disposed of under the town-site law and not as agricultural lands. install. Lands near Biloxi to be entered as town sites. 2394. vessels laden 3, v. 4, p. 647. SEC. 2463. It shall be the duty of all collectors of the Clearance of customs within the States of Alabama, Mississippi, Loui- with live oak siana, and Florida, before allowing a clearance to any vessel prosecution of depredators. laden in whole or in part with live-oak timber, to ascertain Mar. 2, 1833, s. satisfactorily that such timber was cut from private lands, See sec. 4751, or, if from public ones, by consent of the Navy Department. Pension fund, And it is also made the duty of all officers of the customs, and of the land officers within those States, to cause prosecutions to be seasonably instituted against all persons known to be guilty of depredations on, or injuries to, the live-oak growing on the public lands. Navy. Title 48, chap.2. vessel laden with Mar. 3, 1833, s. 3, v. 4, p. 647. SEC. 4205. Collectors of the collection-districts within the States of Florida, Alabama, Mississippi, and Louisiana, before allowing a clearance to any vessel laden in whole or in part with live-oak timber, shall ascertain satisfactorily that such timber was cut from private lands, or, if from public lands, by consent of the Department of the Navy. SEC. 5388. Every person who unlawfully cuts, or aids or Title 70, chap.3. is employed in unlawfully cutting, or wantonly destroys, or Depredations procures to be wantonly destroyed, any timber standing Mar. 3, 1859, v. upon lands of the United States, which, in pursuance of 11, p. 408. law, may be reserved or purchased for military or other purposes, shall pay a fine of not more than five hundred dollars, and be imprisoned not more than twelve months. on timber lands. lands of U. S. re chased for public SEC. 1. That if any person or persons shall knowingly Mar. 3, 1875. and unlawfully cut, or shall knowingly aid, assist, or be cutting or inemployed in unlawfully cutting, or shall wantonly destroy juring trees on or injure, or procure to be wantonly destroyed or injured, served or purany timber-tree or any shade or ornamental tree, or any use. other kind of tree, standing, growing, or being upon any lands of the United States, which, in pursuance of law, have been reserved, or which have been purchased by the United States for any public use, every such person or persons so offending, on conviction thereof before any circuit or district court of the United States, shall, for every such Punishment. offense, pay a fine not exceeding five hundred dollars, or shall be imprisoned not exceeding twelve months. or pur SEC. 2. That if any person or persons shall knowingly and Breaking fences etc., inclosing unlawfully break or destroy any fence, wall, hedge, or gate lands of U. S. reinclosing any lands of the United States, which have, in served chased for public pursuance of any law, been reserved or purchased by the use. United States for any public use, every such person so Punishment. offending, on conviction, shall, for every such offense, pay a fine not exceeding two hundred dollars, or be imprisoned not exceeding six months. etc., and driving lands of U. S. re use. cattle, etc., to lands. Breaking fences SEC. 3. That if any person or persons shall knowingly cattle, etc., on to and unlawfully break, open, or destroy any gate, fence, served for public hedge, or wall inclosing any lands of the United States, reserved or purchased as aforesaid, and shall drive any cattle, horses, or hogs upon the lands aforesaid for the purPermitting pose of destroying the grass or trees on the said grounds, enter through in- or where they may destroy the said grass or trees, or if any closures of such such person or persons shall knowingly permit his or their Punishment. cattle, horses, or hogs to enter through any of said inclosures upon the lands of the United States aforesaid, where the said cattle, horses, or hogs may or can destroy the grass or trees or other property of the United States on the said land, every such person or persons so offending, on conviction, shall pay a fine not exceeding five hundred dollars, or be imprisoned not exceeding twelve months: Provided, That nothing in this act shall be construed to apply to unsurveyed public lands and to public lands subject to pre-empemption and homestead laws, or to public lands subject to an act to promote the development of the mining resources of the United States, approved May tenth, eighteen hundred and seventy-two. Proviso. Mar. 3, 1875, v. 18, p. 481. Apr. 30, 1878. lections for dep * * All moneys heretofore, and that shall hereafter be, colDeposit of collected for depredation upon the public lands shall be covredations. ered into the Treasury of the United States, as other Seizure of tim- moneys received from the sale of public lands. berexported. If any timber cut on the public lands shall be exported Apr.30, 1878,ch. from the Territories of the United States, it shall be liable to seizure by United States authority wherever found. * 76, s. 2, v. 20, p. 46. See note 3. Title 15, chap. 4. SEC. 1492. The officers of the revenue-cutter service when Revenue-cut- serving, in accordance with law, as a part of the Navy, ter officers serv shall be entitled to relative rank, as follows: Captains, with and next after lieutenants commanding in the Navy; ing as part of the Navy. Note 3.-Under section 4751, the Secretary of the Navy has power to mitigate any fine, penalty, or forfeiture incurred under the provisions of the sections designated therein; and this power may be exercised by him as well where the proceedings, civil or criminal, have not been instituted with his knowledge and by his direction as where they have been thus instituted. (Op., XV, 436, Devens, Jan. 23, 1878.) Live-oak timber cut, in violation of law, for the purposes of transportation, is not subject to forfeiture, so as to give informers a right to a distributive portion of it, such timber being all the while, in law, the property of the United States. The act of March 2, 1831, makes no provision for the forfeiture of timber. (Op., IV, 247, Nelson, Sept. 2, 1843.) The moneys referred to in the act of April 30, 1878, chap. 76, are that part of the penalty which is payable to the Secretary of the Navy, under sec. 4751, Pension Funds. (Op., July 19, 1883. Phillips.) 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. July 4, 1863, s. 4, v. 12, p. 640; Mar. 2, 1799, s. 98, v. 1, p. 699; July 16, 1862, ss. 1, 11, v. 12, pp. 583, 585. See title "Rank and precedence," sec. 1492. 19, p. 107. SEC. 2749. The officers for each revenue-vessel shall be Title 34, chap. 3. one captain, and one first, one second, and one third lieuten- Number of offiant, and for each steam-vessel, in addition, one engineer and cers and men. July 25, 1861, one assistant engineer; but the Secretary of the Treasury s. 2. v. 12, p. 275 may assign to any vessel a greater number of officers when- July 31, 1876, v. ever in his opinion the nature of the service which she is directed to perform requires it. And vessels of both descriptions shall have such number of petty officers and men as in the opinion of the Secretary are required to make them efficient for their service. Service; chief of [Par.3.] Division of revenue-cutter service: That July 31, 1894. the Secretary of the Treasury shall detail a captain of the 28 Stat. L., 162. Revenue-Cutter Service who shall be chief of the division Revenue-Cutter of Revenue-Cutter Service, and a chief engineer, who shall division. be engineer in chief of said Service, but no additional pay No additional or emoluments shall be allowed on account of such detail. pay. R. S., sec. -chief engineer. 2750. Grades of engineers. Feb. 4, 1863, 8. 2, v. 12, p. 639. SEC. 2750. The grades of engineers shall be chief engi. neer, and first and second assistant engineer, with the pay and relative rank of first, second, and third lieutenant, 2 Title of first respectively. SEC. 2751. The commissioned officers of the revenuecutter service shall be appointed by the President, by and with the advice and consent of the Senate. as and second sistant engineers changed respectively to passed assistant engi neers. Act of Feb. 24, 1874. Appointment of commissioned officers. Idem, s. 1. of captains and Mar. 2, 1855, 8. SEC. 2752. No person shall be appointed to the office of Qualifications captain, first, second, or third lieutenant, of any revenue- lieutenants. cutter, who does not adduce competent proof of proficiency 2, v. 10, p. 630. and skill in navigation and seamanship. of officers of Rev SEC. 2753. The compensation of the officers of the Compensation revenue-cutter service shall be at the following rates while enue-Cutter on duty: Captains, twenty-five hundred dollars a year each. First lieutenants and chief engineers, eighteen hundred dollars a year each. Second lieutenants and first assistant engineers, fifteen hundred dollars a year each. Third lieutenants and second assistant engineers, twelve hundred dollars a year each. And at the following rates while on leave of absence or while waiting orders: Captains, eighteen hundred dollars a year each. First lieutenants and chief engineers, fifteen hundred dollars a year each. Service. Feb. 28, 1867, s. 1, v. 14, p. 416. First assistant engineers changed as above. Second lieutenants and first assistant engineers twelve First assistant hundred dollars a year each. engineers chang. ed as above. Second assistant engineers changed as above. Wages of petty officers and crews. Feb. 4, 1863, s. 3, v. 12, p. 640. Rations. Feb. 28, 1867, s. 2, v. 14, p. 416. Contracts for rations. Third lieutenants and second assistant engineers, nine hundred dollars a year each. SEC. 2754. The wages of petty officers and seamen of the revenue-cutter service shall not exceed the average wages paid for like services on the Atlantic or Pacific coast, respectively, in the merchant service. SEC. 2755. Each officer of the revenue-cutter service, while on duty, shall be entitled to one Navy ration per day. SEC. 2756. The Secretary of the Treasury may cause conMar. 2, 1799, s. tracts to be made for the supply of rations for the officers 98, v. 1, p. 699. and men of the revenue-cutters. See note 1. with the Navy. Idem. Revenue offi- SEC. 2757. The revenue-cutters shall, whenever the Presicers to co-operate dent so directs, co-operate with the Navy, during which time they shall be under the direction of the Secretary of the 5558, Slave trade. Navy, and the expenses thereof shall be defrayed by the Apr. 6, 1894. Navy Department. See secs. 5557, Preservation of fur seals. 28 Stat. L., 52. Vol. 2, Supp. R. S.,1892-95, ch. 57, p. 178. An act to give effect to the award rendered by the Tribunal of Arbitration, at Paris, under the treaty between the United States and Great Britain. President to use naval force. Naval officers vessels. SEC. 11. That it shall be the duty of the President to cause a sufficient naval force to cruise in the waters to which this Act is applicable to enforce its provisions, and it shall be the duty of the commanding officer of any to seize unlawful vessel belonging to the naval or revenue service of the United States, when so instructed by the President, to seize and arrest all vessels of the United States found by him to be engaged, used, or employed in the waters last aforesaid in -to take them to violation of any of the prohibitions of this Act, or of any regulations made thereunder, and to take the same, with 4297,"Piracy and all persons on board thereof, to the most convenient port in any district of the United States mentioned in this Act, there to be dealt with according to law. port. See secs. 4296, robbery." Powers and du. SEC. 2760. The officers of the revenue-cutters shall reties of officers of revenue-cutters. Spectively be deemed officers of the customs, and shall be Idem, s. 99, p. subject to the direction of such collectors of the revenue, 700. or other officers thereof, as from time to time shall be desig nated for that purpose. They shall go on board all vessels which arrive within the United States or within four leagues of the coast thereof, if bound for the United States, and search and examine the same, and every part thereof, and shall demand, receive, and certify the manifests required to be on board certain vessels, shall affix and put proper fastenings on the hatches and other communi Note 1.-Officers of the revenue-cutter service belong to the civil service, as contradistinguished from the naval and military-are subject to removal by the Presi dent, with the concurrence of the Senate in confirming the nomination of a successor. (Op., XV, p. 396, Nov. 13, 1877, Devens.) |