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Proviso.

Punishment. offending, on conviction, shall, for every such offense, pay

a fine not exceeding two hundred dollars, or be imprisoned

not exceeding six months. Breaking fences

SEC. 3. That if any person or persons shall knowingly etc., and driving cattle, etc., on to and unlawfully break, open, or destroy any gate, fence, lands of U. S. reserved for public

hedge, or wall inclosing any lands of the United States, reser

erved 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 throngh 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 inclo

sures 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 convic

tion, shall pay a fine not exceeding five hundred dollars, or Mar. 3, 1875, v. be imprisoned not exceeding twelve months: Provided, That 18, p. 481. nothing in this act shall be construed to apply to unsur

veyed 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, eight

een hundred and seventy-two. Apr. 30, 1878.

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. ber exported. 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 76, seizure by United States authority wherever found.

REVENUE-CUTTER SERVICE.
Sec.

Sec.
1492. Rank with the Navy.

2756. Contracts for rations anthorized. 2749. Number of officers and men.

2757. Revenue officers should co-operate ActJuly 31, 1891, Reverue-cutter service; with the Navy: chief of division.

Act Apr. 6, 1894. Arbitration in regard 2750. Grades of engineers.

to fur seals. 2751. Appointment of commissioned offi- | 2760. Powers and duties of officers of

revenue-cutters. 2752. Qualifications of captains and lieu. Act July 31, 1876. Appointment of cadets. tenants.

Detail for life-saving service.
2753. Compensation of officer of revenue Act Mar. 2, 1895. Board on retirement of
cutter service.

officers.
2754. Wages of petty officers and crews.
2755. Officers on duty entitled to one

Nary ration per pay.
Title 16, 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, ing as part of the Navy. with and next after lieutenants commanding in the Navy;

*

See note 3

cers.

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, Buch 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 Fundsi (Op., July 13, 1883. Phillips.)

98, v. 1, p. 699;

sec, 1492.

first lieutenants, with and next after lieutenants in the , July 4, 1863, s. Navy; second lieutenants, with and next after masters in Mar. 2.' 1799, s. line in the Navy; third lieutenants, with and next after en

July 16, 1862, 88. signs in the Navy.

1, 11, v. 12, pp. 583, 585.

See title "Rank

and precedence," 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: 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.

. 107. 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.

[Par.3.] Division of revenue-cutter service: * That Jnly 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.

.

SEO. 2750. The grades of engineers shall be chief engi. Grades of enneer, and first and second assistant engineer, with the pay Feb. 4, 1863, 6. and relative rank of first, second, and third lieutenant, 2 Title

: Po: 638 respectively.

sistant engineers changed respec: tively to passed assistant engi.

Title of first and second ag.

neers. Act of Feb. 24, 1874.

Appointment of commissioned

Service.

SEC, 2751. The commissioned officers of the revenuecutter service shall be appointed by the President, by and officers. with the advice and consent of the Senate.

Idem, 8.1. 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.

SEC. 2753. The compensation of the officers of the of omicers of Rev. revenue-cutter service shall be at the following rates while en u e-Cutter on duty:

Feb. 28, 1867, s. Captains, twenty-five hundred dollars a year each. 1, v. 14, p. 416.

First lieutenants and chief engineers, eighteen hundred dollars a year each.

Second lieutenants and first assistant engineers, fifteen hundred dollars a year each.

engineers changThird 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. Second lieutenants and first assistant engineers twelve First assistant

engineers changhundred dollars a year each.

First assistant

ed as above.

ed as above.

crews.

Contracts for rations.

Seo note 1.

Idem.

Second assist. Third lieutenants and second assistant engineers, nine ant engineers changed as hundred dollars a year each. above.

Wages of petty SEC. 2754. The wages of petty officers and seamen of the officers and

revenue-cutter service shall not exceed the average wages Feb. 4, 1863, 8.

paid for like services on the Atlantic or Pacific coast, 3, v. 12, p. 640.

respectively, in the merchant service. Rations.

SEC. 2755. Each officer of the revenue-cutter service, while Feb. 28, 1867, s. 2, v. 14, p. 416. 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. Revenue offi. SEC. 2757. The revenue-cutters shall, whenever the Presicers to co-operate dentso directs, co-operate with the Navy, during which time with the Navy.

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.

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 SEC. 11. That it shall be the duty of the President to use naval force.

cause a sufficient naval force to cruise in the waters to

which this Act is applicable to enforce its provisions, Naral officers

and it shall be the duty of the commanding officer of any to seize unlawful vessel belonging to the navalor revenue service of the United vessels.

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
port.
See seca. 4296,

regulations made thereunder, and to take the same, with 4297. " Piracy and all persons on board thereof, to the most convenient port robbery."

in any district of the United States mentioned in this Act,

there to be dealt with according to law.
Powers and du. SEC. 2760. The officers of the revenue-cutters shall re-
ties of officers of
revenne-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,

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 mani-
fests required to be on board certain vessels, shall affix and
put proper fastenings on the hatches and other communi.

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700.

Note 1.-Officers of tho revenue-cutter service belong to the civil service, as con. tradistinguished 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 succesbor. (Op., XV, p. 396, Nov. 13, 1877, Devens.)

of cadets.

19 Stat. L., v.

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See note 2

cations with the hold of any vessel, and shall remain on board such vessels until they arrive at the port or place of their destination.

Hereafter upon the occurring of a vacancy in the grade July 31, 1876. of third lieutenant in the Revenue Marine Service, the Sec. Appointment retary of the Treasury may appoint a cadet, not less than eighteen nor more than twenty-five years of age; with rank 19, p. 102. next below that of third lieutenant, whose pay shall be three-fourths that of a third lieutenant, and who shall not be appointed to a higher grade until he shall have served a satisfactory probationary term of two years, and passed the examination required by the regulations of said seryice; and upon the promotion of such cadet another may be appointed in his stead; but the whole number of third lieutenants and cadets shall at no time exceed the number of third lieutenants now authorized by law.

That on and after the passage of this Act the pay of Aug. 18, 1894. cadets in the Revenue-Cutter Service shall be five hundred 28 Stat. L., 372. dollars per annum and one ration per day, in lieu of the tor Service. Carates at present authorized by law, chapter two hundred deta' pay.

1876, July 31, and forty-six, paragraph four, Act July thirty-first, eight- ch. 246, par. 3 (1 een hundred and seventy-six; *

Supp. R. S., 114). (Par. 4.] That the President of the United States is Mar. 21, 1895. hereby authorized to convene a board, to be composed of 28 Stat. L., 910. three surgeous of the Marine-Hospital Service, to examine Revenue.Cutand report upon all officers now in the Revenue-Cutter See note 3. Service who, through no vicious habits of their own,

ment of officers. now incapacitated by reason of the infirmities of age or physical or mental disability to efficiently perform the duties of their respective offices.

And such officers as, under the terms of this Act, may Pay of retired be reported by said board to be so permanently incapacitated shall be placed on waiting orders out of the line of promotion, with one-half active duty pay, and the vacancies thereby created in the active list of the officers shall be filled by promotion in the order of seniority, as now provided by law: Provided, however, That no such promotion shall be Examination

for promotion. made until the professional qualifications of the candidate shall have been determined by written examination before a board of officers of the Revenue-Cutter Service convened by the Secretary of the Treasury for that purpose:

Provided further, That the number of officers upon the Number of of. active list now authorized by law shall not be increased by creased. this Act.

are

Board on retire.

officers.

not

in

Note 2.-The laws relating to the Revenue Cutter or Revenue Marine Service are reviewed in note to 1888, Oct. 2, ch. 1069, par. 1 (1 Supp. R. S., 626). The administration of certain oaths in the service is provided for by 1893, March 3, ch. 208, par. 2, p. 120; by 1894, July 31, ch. 174, par. 3, p. 210, the name is fixed as the Revennie-Cutter Service, and by sec. 7. par. 1, of the same act, p. 213, the accounts are to be settled by the Auditor for the Treasury Department.

Note 3.-See notes to 1888, Oct. 2, ch. 1069, par. 1 (1 Supp. R. S., 626), and 1894, Aug. 18, ch. 301, par. 2, p. 252, for review of legislation relative to the Revenue-Cutter (formerly called Revenue Marine) Service.

SLAVE TRADE, KIDNAPPING, COOLY TRADE.

Sec.

Sec. 2158. Cooly trade prohibited.

5554. Penalty for receiving persons on 2159. Vessels employed in cooly trade

board to be sold as slaves. shall be forfeited.

5557. Seizure of vessels engaged in the 2160. Building vessels to engage in cooly

slave trade. trade, how punished.

5558. Proceeds of condemned vessels, 2161. Punishment for violation of section

how distributed. 2158.

5559. Disposal of persons found on board 2162. This title not to interfere with vol.

seized vessels. untary emigration.

5560. Apprehension of officers and crew. 2163. Examination of vessels.

5561. Removal of persons delivered from Transporting from Oriental coun.

seized vessels.
tries subjects without consent. 5562. Bounty:
5378. Equipping vessels for slave trade. 5563. To what port captured vessels sent.
5379. Transporting persons to be held as 5504. When owners of foreign vessels
slaves.

shall give bond.
5381. Serving in vessels transporting 5565. Distribution of penalties.
slaves.

5566. Contracts for reception in Africa 5282. Same.

of persons delivered from seized 5524. Receiving or carrying away any

vessels. person to be sold or held as a slave. 5567. Instructions to commanders of 5525. Kidnapping.

armed vessels. 5551. Equipping, etc., vessel for slave 5568. Contracts for reception, etc., in trade; forfeiture of vessel.

West Indies of persons delivered 5552. Penalty on persons building, equip.

from seized vessels. ping, etc.

5569. Instructions to commanders of 5553. Forfeiture of vessel transporting

armed vessels. slaves.

Act Feb. 26, 1895. Contract labor. Title 29. SEC. 2158. No citizen of the United States, or foreigner Cooly trade coming into or residing within the same, shall, for himself prohibited. Feb. 19, 1862, s.

or for any other person, either as master, factor, owner, or 1, v. 12, p. 340; otherwise, build, equip, load, or otherwise prepare, any Beheer 1869, v. 15, vessel, registered, enrolled, or licensed, in the United

See citizenship. States, for the purpose of procuring from any port or place title sation." the subjects of China, Japan, or of any other oriental coun

try, known as “coolies,” to be transported to any foreign port, or place, to be disposed of, or sold, or transferred, for any time, as servants or apprentices, or to be held to serv

ice or labor. Vessels em SEC. 2159. If any vessel, belonging in whole or in part to ployed in cooly trade shall b. a citizen of the United States, and registered, enrolled, or forfeited. otherwise licensed therein, be employed in the “coolyIbid.

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. Building ves. SEC. 2160. Every person who so builds, fits out, equips, sels to engage in cooly trade, how loads, or otherwise prepares, or who sends to sea, or navipunished. gates, as owner, master, factor, agent, or otherwise, any ves

Feb. 19, 1862, s. 2, v, 12, p. 340. sel, 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. Punishment SEC. 2161, Every citizen of the United States who, confor violation of section 2158. trary to the provisions of section twenty-one hundred and Ibid., 8. 3.

fifty-eight, takes on board of any vessel, or receives or transports any such subjects as are described in that section, for

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