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UNITED STATES

COMPILED STATUTES

ANNOTATED
1916

VOLUME 1

1 U.S.COMP.'16-1

(1)*

GENERAL PROVISIONS

The Revised Statutes of the United States were enacted by the Forty-Third Congress, at the first session, by an act entitled "An act to revise and consolidate the statutes of the United States, in force on the first day of Decem-' ber, anno Domini one thousand eight hundred and seventy-three," which was approved June 22, 1874.

Numerous amendments of said act, "for the purpose of correcting errors and supplying omissions" therein, were made by Act Feb. 18, 1875, c. 80, 18 Stat. 316, and Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 240. And by Act March 2, 1877, c. 82, 19 Stat. 268, the preparation of a new edition of the Revised Statutes was provided for, in the text of which was incorporated all the amendments made in the Revision to the close of the Forty-Fourth Congress, March 4, 1877, with marginal references to other statutes passed subsequent to the Revised Statutes affecting or modifying any of the provisions thereof. This new edition was published as The Revised Statutes of the United States, Second Edition, 1878.

The Revised Statutes embraced, in Titles I-LXXIII, the statutes of the United States general and permanent in their nature, in force on the first day of December, 1873, as revised and consolidated therein, and repealed all statutes so embraced, but did not repeal or affect any act of Congress passed after December 1, 1873. See R. S. Title LXXIV, “Repeal Provisions," §§ 5595–5601, post, §§ 10592-10598.

Provisions for the preparation, adoption, publication, and distribution of the Revised Statutes and the Supplements thereto, which were temporary merely and have been executed, and therefore are not set forth in this compilation, were contained in the following acts and parts of acts:

Chap.

1.

Act June 27, 1866, c. 140, 14 Stat. 74.

Act May 4, 1870, c. 72, 16 Stat. 96.
Act March 3, 1873, c. 241, 17 Stat. 579.
Act June 20, 1874, c. 333, 18 Stat. 113.
Act Dec 28, 1874, c. 9, § 1, 18 Stat. 293.
Act Feb. 18, 1875, c. 84, 18 Stat. 329.
Act March 2, 1877, c. 82, 19 Stat. 268.
Act March 9, 1878, c. 26, 20 Stat. 27.
Res. May 22, 1878, No. 22, 20 Stat. 251.
Res. Dec. 21, 1878, No. 1, 20 Stat. 487.
Res. June 7, 1880, No. 44, 21 Stat. 308.
Act March 3, 1883, c. 131, 22 Stat. 565.
Act April 9, 1890, c. 73, 26 Stat. 50.

Act Feb. 27, 1893, c. 167, 27 Stat. 477.

Act June 4, 1897, c. 2, § 1, 30 Stat. 30.

Act March 3, 1901, c. 853, § 1, 31 Stat. 1162.

Definitions

2 Form and enactment of statutes and effect of repeals..

Sec.

1

7

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§ 1. (R. S. § 1.) Definitions.

Sec.

4. Vehicle.

5. Company; association.
6. Seal.

In determining the meaning of the revised statutes, or of any act or resolution of Congress passed subsequent to February twenty-fifth, eighteen hundred and seventy-one, words importing the singular number may extend and be applied to several persons or things; words importing the plural number may include the singular; words importing the masculine gender may be applied to females; the words "insane person" and "lunatic" shall include every idiot, non compos, lunatic, and (3)

1 U.S.COMP.'16

insane person; the word "person" may extend and be applied to partnerships and corporations, and the reference to any officer shall include any person authorized by law to perform the duties of such office, unless. the context shows that such words were intended to be used in a more limited sense; and a requirement of an "oath" shall be deemed complied with by making affirmation in judicial form.

Act Feb. 25, 1871, c. 71, § 2, 16 Stat. 431. Act July 13, 1866, c. 184, § 44, 14 Stat. 163. Act June 30, 1864, c. 173, §§ 82, 126, 13 Stat. 258, 287. Act July 20, 1868, c. 186, § 104, 15 Stat. 166.

Provisions as to the meaning and application of words used in particular titles, chapters, or sections, of the Revised Statutes, or in subsequent acts, are contained in the respective titles, chapters, etc.

Provisions of a general nature, similar to those of this section, are contained in the Bankruptcy Act of 1898, Act July 1, 1898, c. 541, § 1, post, § 9585, and in the Criminal Code, Act March 4, 1909, c. 321, § 337, post, § 10511.

The provisions of R. S. §§ 1-5, apply to and govern the construction of the provisions of the Judicial Code, by section 293 thereof, post, § 1270.

A provision for the construction of the word "person," as used in R. S. Title XXXV, "Internal Revenue," is contained in R. S. § 3140, as amended by Act Feb. 27, 1877, c. 69, 19 Stat. 248, post, § 5842.

Other provisions as to the meaning of the word "person" or "persons," as used in particular acts, etc., are contained in such acts, as follows:

Act for protection of submarine cables of Feb. 29, 1888, c. 17, § 10, post, § 10096.

Sherman Anti-Trust Act of July 2, 1890, c. 647, § 8, post, § 8830.

Bankruptcy Act of July 1, 1898, c. 541, § 1, post, § 9585.
Trade-Mark Act of Feb. 20, 1905, c. 592, § 29, post, § 9515.

Bridge Act of March 23, 1906, c. 1130, § 7, post, § 9967.

Dam Act of June 21, 1906, c. 3508, § 8, as amended, Act June 23, 1910, c. 360, post, § 9983.

Food and Drugs Act of June 30, 1906, c. 3915, § 12, post, § 8728.
Criminal Code, Act March 4, 1909, c. 321, § 337, post, § 10511.

Insecticide Act of April 26, 1910, c. 191, § 12, post, § 8776.

Act to license custom-house brokers of June 10, 1910, c. 283, § 5, post, § 5554.
White-Slave Traffic Act of June 25, 1910, c. 395, § 7, post, § 8818.

United States Cotton Futures Act of Aug. 18, 1914, c. 255, § 2, post, § 6309b.
Anti-Trust Act of Oct. 15, 1914, c. 323, § 1, post, § 8835a.

A provision as to what the word "officer," as used in the Bankruptcy Act of 1898 and in proceedings pursuant thereto, shall include, is contained in section 1, subd. 18, thereof, Act July 1, 1898, c. 541, § 1, post, § 9585.

The word "oath," as used in the Bankruptcy Act of 1898 and in proceedings pursuant thereto, includes affirmation, by a provision of section 1, subd. 17, thereof, Act July 1, 1898, c. 541, § 1, post, § 9585.

References to statutory definitions of terms other than the words defined in this chapter are collected in the General Index, under the heading "Words and Phrases."

Notes of Decisions

Words importing singular number.—A grant, "for the purpose of aiding in the construction of a railroad," of public lands "on each side thereof," may extend to a main road and a branch road provided for by the granting act, subject to the adjustment applicate to the two roads. U. S. v. Oregon & C. R. Co. (1896) 17 Sup. Ct. 165, 170, 164 U. S. 526, 41 L. Ed. 541.

"Person," in R. S. § 1024, post, § 1690, as to consolidation of indictments, covers several persons as well as a single one. Emanuel v. U. S. (1912) 196 Fed. 317, 116 C. C. A. 137.

The use in R. S. §§ 4283, 4285, post, §§ 8021, 8023, of "owner," instead of the words "owner or owners" of Limitation of Liability Act March 3, 1851, c. 43, revised in those sections does not exclude a limitation of the liability of a part owner. Thommasen v. Whitwill (C. C. 1882) 12 Fed. 891, 903, affirmed (1886) 6 Sup. Ct. 1172, 118 U. S. 520, 30 L. Ed. 156.

Words importing plural number.-The provision of the fee bill, R. S. § 828, post, § 1383, for compensation to clerks for keeping "dockets," applies to a single docket, where, in actual practice, only one docket is kept. In re Rand (C. C. 1883) 18 Fed. 99, 102.

Masculine gender includes females.Upon an application by a woman to be admitted to practice before the Court of Claims under a rule that "no counsel will be permitted to practice in the court unless he is a man of good moral character," it was held that, while the masculine gender, which is generally used in statutes, frequently embraces the feminine, it would not be so construed so as to admit the applicant. The court stated: "If a masculine word receives any such latitude of construction, it is when it is applied to those cases where law and custom recognize men and women as standing upon the same ground of right or responsibility;

the general rule being that words are to be construed according to their usual meaning. Certainly it is not obligatory on courts to construe them otherwise, unless that is made obligatory by legislation. There is no such legislation affecting this court or its rules, and certainly when the rules were made the word 'man' was used in its usual and literal meaning, and, so used, expressed all that the court then intended." Mrs. Lockwood's Case (1873) 9 Ct. Cl. 346.

Person.-"Person," in Oleomargarine Act May 9, 1902, § 6, post, § 6241, punishing any person willfully violating any provisions of the section, includes a corporation. U. S. v. Union Supply Co. (1909) 30 Sup. Ct. 15, 215 U. S. 50, 54 L. Ed. 87.

"Person," in the act punishing any person mailing certain obscene matter, embodied in R. S. § 3893, passed subsequent to Feb. 25, 1871, includes a corporation. U. S. v. New York Herald Co. (C. C. 1907) 159 Fed. 296, 297. "Any other person," in Cr. Code, 8 239, post, § 10409, punishing the collection of the purchase price of intoxicating liquor in connection with the transportation thereof, includes a national bank. U. S. v. First Nat. Bank (D. C. 1911) 190 Féd. 336.

"Person," in section 9 of Internal Revenue Act July 13, 1866, c. 184, as explained in section 44 of that act, did not include a state. (1867) 12 Op. Atty. Gen. 176.

"Person," in the provision of Act March 2, 1895, c. 193, post, § 9015, authorizing payment, from accrued pen

§ 2. (R. S. § 2.) County.

sions of deceased pensioners, "to reimburse the person who bore the expense of their last sickness and burial," includes a municipal corporation. (1901) 23 Op. Atty. Gen. 428.

Affirmation instead of oath.-Affirmation instead of oath will only be permitted when the court is satisfied that the witness belongs to a society which professes to be conscientiously scrupulous of taking an oath. Bank of Columbia v. Wright (C. C. 1827) Fed. Cas. No. 883; King v. Fearson (C. C. 1829) Fed. Cas. No. 7,790.

Affirmation by juror not a Quaker, not attached to any particular religious sect, not permitted. McIntire's Case (C. C. 1803) Fed. Cas. No. 8,824.

A juror will not be allowed to make affirmation in lieu of oath, on the ground that he is a Methodist, where it is not contrary to the principles of that religious society to take an oath. Bryan's Case (C. C. 1804) Fed. Cas. No. 2,063.

Affirmation instead of oath may be permitted where the witness has applied for admission to full participation in the membership of the society of Quakers, and usually meets with them for worship. King v. Fearson (C. C. 1829) Fed. Cas. No. 7,790.

A witness must be sworn in such a way as is binding on his conscience. The Merrimac (D. C. 1867) Fed. Cas. No. 9,474.

The oath of a Chinaman, taken on the Bible, in the usual way, held sufficient, where, on examination, it appeared that he felt solemnly bound by it. Id.

The word "county" includes a parish, or any other equivalent subdivision of a State or Territory of the United States.

Act July 13. 1866, c. 184, § 9, 14 Stat. 110.

§ 3. (R. S. § 3.) Vessel.

The word "vessel" includes every description of water-craft or other artificial contrivance used, or capable of being used, as a means of transportation on water.

Act July 18, 1866, c. 201, § 1, 14 Stat. 178. Act June 29, 1870, c. 169, § 7, 16 Stat. 170.

A provision for the construction of the term "vessel," as used in R. S. Title LIII, "Merchant Seamen," is contained in R. S. § 4612, post, § 8392.

A similar provision is contained in the act for the protection of submarine cables of Feb. 29, 1888, c. 17, § 10, post, § 10096.

1. Use for transportation.

2. Manner of propulsion.

3. Barges, canal boats, etc.

4. Scows.

5. Rafts.

6. Floating elevator.

7. Pump boat.

8. Dredges, etc.

9. Pile drivers.

Notes of Decisions

10. Wharfboats, landing floats, etc. 11. Dry docks.

12. Dismantled vessels.

1. Use for transportation.-The word "transportation" is not expressly or impliedly limited to the carriage of pas

sengers or merchandise for hire. The International (1898) 89 Fed. 484, 485, 32 C. C. A. 258.

A stern wheel steamer, licensed for the coasting trade, formerly a ferryboat, used to propel from place to place on navigable waters a floating house, in which was given, while moved to the shore, an exhibition or circus show, is a vessel engaged in commerce and navigation. The W. F. Brown (D. C. 1891) 46 Fed. 290.

Under the statutory definition, a vessel may be defined to be a navigable

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