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other port before

first brought, to any other port in the United States, to be designated at the time of 27 Jan. 1813. the removal as aforesaid, subject to the same restrictions and complying with the same Captures may bə regulations with respect to the payment of duties, which are provided by law, in relation removed to an to other vessels arriving in port with cargoes subject to the payment of duties: Provided, libel. That before such removal, the said captured property shall not have been attached at the suit of any adverse claimant, or a claim against the same have been interposed in behalf of the United States.

3 Stat. 287.

6. In all cases of prizes captured by the public armed ships of the United States, 26 April 1816 3 1. which shall be sold under the order of the proper prize court, by interlocutory or final decree, it shall be the duty of the marshal of the United States, making the sale, to pay Prize-money to be paid into the proceeds thereof into the registry of the proper court, (a) within thirty days after court. such sale shall be made and closed; and immediately upon the payment into the registry of the proceeds as aforesaid, it shall be the duty of the clerk of the court to deposit the same in some bank to be designated by the judge or judges of the court, subject to the order and distribution of the court as in other cases. And when the said prizes shall have been duly condemned, it shall be the duty of the court to direct the share of such prizes belonging to the United States, to be forthwith carried in the account with such bank, to Share of the the credit of the treasurer of the United States, on account of the navy pension fund; be credited to the and copies of the certificate of such deposit and credit shall be thereupon transmitted navy pension to the treasurer of the United States and to the secretary of the navy, as soon as may be, by the clerk of such court. And the share of such prizes belonging to the captors, Payment to cap deposited as aforesaid, shall be paid over to the parties entitled, or to their authorized agent or agents, upon the order of the proper court in term, or of the judge or judges of such court in vacation.

United States to

fund.

tors.

shals.

7. It shall be the duty of the marshals of the several districts of the United States, Ibid. 22. and of the clerks of the respective courts of the United States, to state and settle their Accounts of respective accounts in all cases of prizes captured as aforesaid, specifying therein all clerks and mar costs and charges taxed, claimed and paid by them, and to submit the same to the proper court having cognisance thereof, for examination and allowance, within sixty days after a final adjudication of such causes, unless a different time shall be assigned by such court; and thereupon such courts in term, or any judge thereof in vacation, may proceed summarily to hear, examine and allow the same accounts; and after such allowance, one copy of the same accounts shall be filed among the records of the court, and another copy shall be transmitted by the clerk of the court to the secretary of the navy, within thirty days after the allowance thereof.

Ibid. 2 3.

8. It shall be the duty of the district attorneys of the respective districts of the United States to transmit to the secretary of the navy a statement of all prizes captured as District attorney aforesaid, which shall be libelled, condemned or restored, at each term of the district to transmit stateand circuit courts, within their respective districts, as soon as may be after the conclusion of each term; and to accompany such list with a schedule and invoice of the various articles composing the cargoes of such prizes.

ment to secretary.

Ibid. 8 4.

Summary juris

clerks and mar

9. The respective courts of the United States before whom a libel against any prizes captured as aforesaid shall be pending, or by whom a decree of condemnation and distribution of such prizes shall have been awarded, shall have full power and authority, in diction over the exercise of their admiralty and maritime jurisdiction, to issue a monition, and other shals. proper process, to compel the marshal and clerk to perform and obey the requisitions of this act; and upon the complaint of the United States, or any person interested in the premises, summarily to hear and examine the same, and to make such award, order and decree therein, as to justice and law shall appertain. And if the marshal or clerk shall Penalty for neg. wilfully refuse or unreasonably neglect to perform and obey any of the requisitions of this act; the party so refusing or neglecting shall further forfeit and pay to the United States the sum of five hundred dollars for every such refusal or neglect.

lect of duty.

9 Stat. 378. Prize-money to be paid into the

10. All prize-money arising from captures made by the vessels of the navy of the 3 March 1849 8 8. United States, received by the marshal who shall make sale of such prizes, shall, within sixty days after such sale, deposit the net proceeds after paying all charges, as now provided by law, into the treasury of the United States; (b) and all money now in the treasury. hands of prize agents shall also be deposited in the treasury, to be distributed as now provided by law; (c) such part thereof as may belong to the officers and crews of the Distribution. vessels of the navy shall be paid to them under the direction of the secretary of the navy; (d) and the law authorizing the appointment of prize agents is hereby repealed.

(a) Altered by act 3 March 1849, infra, 10.

(b) It is the duty of prize agents to deposit all moneys in their hands in the treasury of the United States. 6 Opin. 197. Jecker . Montgomery, 18 How. 125. The Porpoise, 2 Curt. C. C. 316. This act divested prize courts of all powers to distribute prize moneys. 5 Opin. 142. It is proper, however, to institute proceedings In the prize court to compel a compliance with the law. Ibid. 206.

(c) This act relates exclusively to the mode of making sales of prize property, the custody of the proceeds, and the authority under which distribution should be made; it has no reference to the shares or proportions in which the proceeds are to be distributed. The Porpoise, 2 Curt. C. C. 316.

(d) See Berryman v. United States, 9 Law Rep. 623.

Public Buildings.

1. Commissioner of public buildings to be appointed. His

duties.

2. Salary.

3. Plans. &c., to be delivered to him.

4. Duties of superintendent to devolve on him.

5. President may alter plans.

6. Commissioner to give bond.

3 Stat. 324.

7. Duties of architect to devolve on him. To reside near the capitol.

8. Police regulations of the public buildings and grounds. Compensation of assistants.

9. Commissioner to report annually.

10. No clerks to be paid out of appropriations.

20 April 1816 2. 1. That so much of any act or acts as authorizes the appointment of three commissioners for the superintendence of the public buildings, be and the same is hereby Commissioner of repealed; (a) and in lieu of the said commissioners, there shall be appointed by the public buildings to be appointed. president of the United States, by and with the advice and consent of the senate, one commissioner, who shall hold no other office under the authority of the United States, and who shall perform all the duties with which the said three commissioners were charged; and whose duty it shall also be to contract for, and superintend the enclosing and improvements of the public square, under the direction [of the president] of the United States.

His duties.

Ibid. 2 3.

Salary.

Ibid. 24.

2. There shall be allowed to the said commissioner a salary of two thousand dollars, to be paid quarterly, out of any moneys in the treasury not otherwise appropriated.(b) 3. It shall be the duty of such persons as may have been appointed to superintend the repairing of the public buildings, to deliver up unto the commissioner who shall be apdelivered to him. pointed in virtue of this act, all plans, draughts, books, records, accounts, contracts, bonds, obligations, securities and other evidence of debt in their possession which belong to their offices.

Plans, &c., to be

Ibid. § 5. Duties of supervolve to him.

4. From and after the third day of March next, the office of superintendent, established by act of congress of 1st May 1802, (c) shall cease, and thereafter the duties of Intendent to de- said office shall be performed by the commissioner to be appointed by virtue of this act; and to whom the superintendent shall deliver all documents, securities, books and papers relating to said office; and from and after the third of March next, the commissioner aforesaid shall be vested with all the powers, and perform all the duties conferred upon the superintendent aforesaid.

Ibid. 26.

President may alter plans.

7 May 1822 2. 3 Stat. 689.

5. The president of the United States shall be and hereby is authorized and empowered, in repairing the public buildings in the city of Washington, to make such alterations in the plans thereof, respectively, as he shall judge proper for the better accommodation of the two houses of congress, the president of the United States, and the various departments of the government, or any of them.

6. The said commissioner shall give bond, with one or more sufficient sureties, in such sum and form as the president of the United States shall direct, for the faithful disCommissioner to charge of the duties of his office: Provided, That there shall not be placed in his hand, give bond. at any one time, a sum exceeding the penalty of the bond.

2 May 1828 ? 3. 4 Stat. 266.

Duties of archi

tect to devolve on him.

To reside near the capitol.

Ibid. 4. Police regula

7. From and after the 4th day of March 1829, the office of architect of the capitol shall cease and determine; (d) and the said architect shall, on said day, deliver up to the commissioner of the public buildings all the books, plans, accounts, vouchers and all other papers and things belonging to his office. And the said commissioner shall take charge of and superintend the public buildings, and perform such other duties as may be required of him by law; and that the said commissioner be required to reside near the capitol.

8. That the regulations of the city of Washington, for the preservation of the public peace and order, be extended to the capitol and capitol square, whenever the application tions of the public of the same shall be requested by the presidir g officer of either house of congress, or

buildings and

grounds.

the commissioner of the public buildings; and it shall be the duty of the commissioner of the public buildings to obey such rules and regulations as may from time to time be prescribed jointly, by the presiding officers of the two houses of congress, for the care, preservation, orderly keeping and police of all such portions of the capitol, its appurtenances and the enclosures about it, and the public buildings and property in its immediate vicinity, as are not in the exclusive use and occupation of either house of congress. It shall also be his duty to obey such rules and regulations as may be from time to time prescribed by the presiding officer of either house of congress, for the care, preservation, orderly keeping and police of those portions of the capitol and its appurtenances, which are in the exclusive use and occupation of either house of congress respectively. And it shall also be his duty to obey such rules and regulations

(a) Acts 16 July 1790, 1 Stat. 130; and 1 May 1802, 2 Stat. 175. (b) His salary was reduced to $1500, by act 7 May 1822, 3 Stat. 000; but again restored to $2000 by act 3 March 1843, 5 Stat. 610.

(c) 2 Stat. 175.

(d) The office was temporarily continued by act 3 March 1829. 4 Stat. 363.

2 May 1828.

as may from time to time be prescribed by the president of the United States, for the care, preservation, orderly keeping and police of the other public buildings and public property in the city of Washington; and the commissioner and his assistants are hereby authorized and empowered to use all necessary and proper means for the discharge of the aforesaid duties. And the necessary assistants of the commissioner shall receive a Compensation of reasonable compensation for their services, to be allowed by the presiding officers of the two houses of congress; one moiety of the said sums to be paid out of the contingent fund of the senate, and the other moiety of the same to be paid out of the contingent fund of the house of representatives. (a)

assistants.

4 Stat. 363.

9. That the commissioner of public buildings annually make to congress, at the com- 3 March 1829 3 3. mencement of the session, a report of the manner in which all appropriations for the public buildings and grounds have been applied-of the number of public lots sold or remain-Commissioner to report annually. ing unsold each year-of the condition of the public buildings and public grounds, and of the measures necessary to be taken for the preservation and care of the public property.

5 Stat. 610.

10. No portion of the appropriation for public buildings and grounds, or any improve- 3 March 1843 ? 2 ment or alteration of the same, shall be applied to the payment of a clerk or clerks in the office of said commissioner, or of an architect, unless the same be expressly provided No clerks to be for in the act.

paid out of appropriations.

Public Debt.

[blocks in formation]

6. When treasury notes to be payable. Interest. When interest to cease. Payment. Faith of the United States pledged. 7. How transferable.

8. To be receivable for duties, &c.

9. Secretary to pay when due. May purchase before maturity. 10. Punishment of forgery, &c.

11. Punishment for making or engraving plates, &c. Or having possession of blanks. Or paper adapted for making treasury notes, with intent, &c.

12. Secretary to prescribe regulations for collectors, receivers, &e.

13. Others may be issued in place of those redeemed.

17. Six per cent. loan may be issued in lieu of treasury notes. 18. Payment of interest.

19. Certificates to be signed by register.

20. Sales of of lands pledged for redemption.

21. Statements to be published. When authority to cease. 22. Secretary to report to congress.

IV. PAYMENT OF LOST TREASURY NOTES, ETC.

23. Treasury notes, lost or destroyed, to be paid, on giving bond.

24. And certificates of lost Mississippi stock.

25. Treasury notes stolen and put in circulation to be redeemed. Evidence of bona fides. False swearing to be perjury. Statement to congress.

26. Officers who may receive such notes to be credited, upon proof of bona fules.

V. SINKING FUND.

27. Prior acts repealed.

28. Annual appropriation of $10.000,000 to the sinking fund. 29. Certificates to be cancelled.

30. In case of war, congress may apply surplus revenue.

31. A larger sum may be placed to the credit of the sinking

14. To be convertible into six per cent. stock. When reim- fund, if convenient. bursable.

15. Any treasury notes may be so converted.

16. Authority under act of 1846 extended.

32. Surplus of the sinking fund, how applied.

33. Repealing section.

34. Duties of commissioners transferred to the secretary.

I. PUBLIC LOANS.

9 Stat. 217.

1. That the president of the United States be and he is hereby authorized, at any time 31 March 1848 31 within one year from the passage of this act, to borrow on the credit of the United States, a sum not exceeding sixteen millions of dollars, (b) or so much thereof, as in his Loan of $16,000,000 opinion the exigencies of the government may require, at a rate of interest not exceeding authorized. six per centum per annum, payable quarterly or semi-annually; which loan shall be Interest. made reimbursable at any time after twenty years from the first day of July next after the passage of this act. And said money so borrowed, shall, on being first duly appro- When reimburspriated therefor, be applied, in addition to the money now in the treasury, or which may be received therein from other sources, to defray any of the public expenses which have been heretofore or may be hereafter authorized by law; and the stock issued upon such How transferloan shall be transferable on the books of the treasury.

able.

able.

Ibid. ? 2.

2. That the secretary of the treasury be and he is hereby authorized, with the consent of the president of the United States, to cause to be prepared certificates of stock, which Certificates to be shall be signed by the register of the treasury, and sealed with the seal of the treasury issued. department, for the sum to be borrowed as aforesaid, or any part thereof, bearing an interest not to exceed six per centum per annum, and transferable and reimbursable as

(a) By act 30 September 1850 2, the compensation of the laborers on the public grounds, under the public gardener, in Washington City, is fixed at $40 per month, to be paid monthly, without deduction for time lost in consequence of sickness. And that of the watchmen in the various departments at $500 per annum. 9 Stat. 543. By act 22 April 1854 2 2, an addition of 20 per cent. was made to the pay of the laborers and watchmen of the departments; to the clerk, messenger and laborer in the office of the commissioner of public buildings; door-keeper and assis tant door-keeper at the executive mansion; public gardener, laborers employed in the pc blic grounds and president's gardens;

two additional watchmen, and the police at the capitol, &c. 10 Stat. 276. And by act 18 August 1856, it is provided that all laborers in the employment of the government, in the executive departments and on the public grounds, in the city of Washington, shall receive an annual salary of $600 each. 11 Stat. 145.

(b) See also act 21 July 1841, authorizing a loan of $12.000.000, at six per cent. 5 Stat. 438. Act 15 April 1842, authorizing a further loan of $5,000,000. 5 Stat. 473. And act 31 August 1842, providing that these loans should not be taken below par. Stat. 581.

31 March 1848 Coupons may be

attached.

Ibid. 4.

Faith of United

aforesaid, and to cause said certificates of stock to be sold: Provided, That no part of said stock be sold below par: And provided also, That whenever required so to do, the secretary of the treasury shall cause to be attached to any certificate or certificates to be issued under this act, coupons of interest; and any certificate having such coupons of interest attached to it, may be transferable by delivery of the certificate, instead of being assignable on the books of the treasury; (a) but no certificate of stock shall be issued for a less amount than fifty dollars.

3. The faith of the United States is hereby pledged to provide and establish sufficient revenues for the regular payment of the interest, and for the redemption of said stock. States pledged. And the principal sum borrowed under the provisions of this act, and the interest thereon, as the same shall from time to time become due and payable, shall be paid out of any money in the treasury not otherwise appropriated.

Ibid. 25.

4. That the secretary of the treasury be and he is hereby authorized to purchase, at any time before the period herein limited for the redemption of the stock hereby created, purchase before such portion thereof, at the market price not below par, as the funds of the government may admit of, after meeting all the demands on the treasury; and any surplus that hereafter may be in the treasury is hereby appropriated to that object.(b)

Secretary may time of redemption.

9 Feb. 1847 2 1. 9 Stat. 123.

Interest to be

paid out of any unappropriated moneys.

28 Jan. 1847 2. 9 Stat. 118.

notes to be pay

able. Interest.

II. PAYMENT OF INTEREST.

5. That the secretary of the treasury be and he is hereby authorized and directed to cause to be paid out of any money in the treasury not otherwise appropriated, any interest falling due, or accruing on any portion of the public debt authorized by law. III. TREASURY NOTES.

6. The said treasury notes authorized to be issued by the first section of this act,(c) shall be reimbursed and redeemed by the United States, at the treasury thereof, after When treasury the expiration of one year or two years from the dates of the said notes respectively; from which said dates they shall bear such interest, until they shall be respectively redeemed, as shall be expressed upon the face of the said notes; which rate of interest upon each several issue of the said notes shall be fixed by the secretary of the treasury, by and with the advice and approbation of the president; but shall in no case exceed When interest to the rate of interest of six per centum per annum: Provided, That after the maturity of any of the said notes, such interest shall cease at the expiration of sixty days' notice, to be given at any time by the secretary of the treasury, in one or more of the principal papers published at the seat of government, of a readiness to redeem the same. The reimbursement herein provided for shall be made at the treasury of the United States, to the holders of the said notes respectively, upon presentment, and shall include the principal of each note, and the interest which may be due thereon at the time of payment. For this reimbursement, at the time and times herein specified, the faith of the United States is hereby solemnly pledged.

cease.

Payment.

Faith of United
States pledged.

Ibid. 25. How transferable.

Ibid. 26.

for duties, &c.

7. The said treasury notes shall be transferable, by delivery and assignment indorsed thereon, by the person to whose order the same shall on the face thereof have been made payable.

8. The said treasury notes shall be received in payment of all duties and taxes laid To be receivable by the authority of the United States, of all public lands sold by the said authority, and of all debts to the United States of any character whatsoever, which may be due and payable at the time when said treasury notes may be so offered in payment; and on every such payment credit shall be given for the amount of the principal and interest which, on the day of such payment, may be due on the note or notes thus given in payment.

Ibid. 28.

Secretary to pay when due.

9. That the secretary of the treasury be and he is hereby authorized and directed to cause to be reimbursed and paid the principal and interest of the treasury notes which may be issued by virtue of this act, at the several time and times when the same, according to the provisions of this act, should be thus reimbursed and paid. And the said secretary is further authorized to make purchases of the said notes at par for the amount before maturity. of the principal and interest due at the time of purchase on such notes. And so much of unappropriated money in the treasury as may be necessary for that purpose, is hereby appropriated for paying the principal and interest of said notes.

May purchase

Ibid. 39. Punishment of forgery, &c.

10. If any person shall falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or willingly aid or assist in falsely making, forging or counterfeiting, any note in imitation of, or purporting to be, a treasury note aforesaid; or shall falsely alter, or cause or procure to be falsely altered, or willingly aid or assist in falsely altering, any treasury note issued as aforesaid; or shall pass, utter or publish,

(a) A valid transfer of certificates of coupon stock, may be made by an indorsement in blank. 5 Opin. 100.

(b) By act 3 March 1853 9, the secretary of the treasury is authorized to purchase at the current market price any of the outstanding stocks of the United States, as he may think most

advisable, from any surplus funds in the treasury; provided that the balance in the treasury shall not at any time be reduced below $6,000,000. 10 Stat. 212.

(c) This section authorizes an issue of treasury notes, not exceeding $23,000,000, of denominations not less than $50.

or attempt to pass, utter or publish as true, any false, forged or counterfeited note, pur- 28 January 1847. porting to be a treasury note as aforesaid, knowing the same to be falsely forged or counterfeited; or shall pass, utter or publish as true, any falsely altered treasury note issued as aforesaid, knowing the same to be falsely altered; every such person shall be deemed and adjudged guilty of felony, and, being thereof convicted by due course of law, shall be sentenced to be imprisoned and kept to hard labor for a period not less than three years nor more than ten years, and to be fined in a sum not exceeding five thousand dollars.

Ibid. 10.

Punishment for

11. If any person shall make or engrave, or cause or procure to be made or engraved, or shall have in his custody or possession any metallic plate engraved after the similitude of any plate from which any notes issued as aforesaid shall have been printed, making or engraving plates, with intent to use such plate, or cause or suffer the same to be used in forging or counter- &c. feiting any of the notes issued as aforesaid; or shall have in his custody or possession or having posany blank note or notes, engraved and printed after the similitude of any notes issued session of blanks. as aforesaid, with intent to use such blanks, or cause or suffer the same to be used in forging or counterfeiting any of the notes issued as aforesaid; or shall have in his Or paper adapted custody or possession any paper adapted to the making of notes, and similar to the paper upon which any such notes shall have been issued, with intent to use such paper, intent, &c. or cause or suffer the same to be used in forging or counterfeiting any of the notes issued as aforesaid; every such person being thereof convicted by due course of law, shall be sentenced to be imprisoned and kept to hard labor for a term not less than three nor more than ten years, and fined in a sum not exceeding five thousand dollars.

for making trea

sury notes, with

Ibid. 11.

tions for collect

&c.

12. That the secretary of the treasury be and he is hereby authorized to make and issue, from time to time, such instructions, rules and regulations to the several collectors, Secretary to prereceivers of public money, depositaries, and all others who may be authorized to receive scribe regulathe said treasury notes on behalf of and as agents in any capacity for the United States, ors, receivers, as to the safe keeping, disposition, return and cancelling of the said notes so paid to and received by them, respectively, and as to their accounts and returns to the department of such receipts, as may seem to him best calculated to promote the public interests and convenience, and secure the United States and the holders of the notes against fraud and losses.

13. In lieu of the notes authorized by this act, which may be redeemed, other notes may be issued: Provided however, The amount of such notes outstanding, together with the stock issued by virtue of the thirteenth and sixteenth sections of this act, shall not exceed the sum of twenty-three millions of dollars.

Ibid. § 12.

be

Others may issued in place of those redeemed.

Ibid. 13.

14. It shall be lawful for the holders of the aforesaid treasury notes, to present them at any time to the treasury of the United States, or to any assistant treasurer, or to To be convertsuch collectors of the customs and receivers of public moneys as may be designated by able into C per cent. stock. the secretary of the treasury; and the holders of the said treasury notes shall be entitled to receive therefor the amount of the principal of the said notes in a certificate or certificates of funded stock, bearing interest at six per centum per annum from the date of such presentment of said treasury notes; and [for] the interest shall be paid in money; and the stock thus to be issued shall be transferable on the books of the treasury: Pro- When reimburs vided, That it shall be lawful for the United States to reimburse the stock thus created, at any time after the last day of December 1867.

able.

15. It shall and may be lawful for the holder of any treasury notes issued or autho- Ibid. 14. rized to be issued under this act, or any laws heretofore passed, to convert the same into Any treasury certificates of funded stock upon the same terms and in the same manner herein before notes may be so provided in relation to the treasury notes authorized by the first section of this act.

converted.

16. That the authority to issue treasury notes authorized by the “Act authorizing an Ibid. 15. issue of treasury notes and a loan," approved July 22d 1846, (a) be and the same is Authority under hereby extended to the same period fixed for the treasury notes authorized by this act, act of 1846 exand upon the same terms and conditions herein specified: Provided, That the treasury notes authorized by this section shall not exceed five millions of dollars.

tended.

Ibid. 16.

sued in lieu of

17. The president, if in his opinion it shall be the interest of the United States so to do, instead of issuing the whole amount of treasury notes authorized by the first section Six per cent. of this act, may borrow on the credit of the United States, such an amount of money as loan may be ishe may deem proper, and issue therefor stock of the United States bearing interest at a treasury notes. rate not exceeding six per centum per annum for the sum thus borrowed, redeemable after 31st December 1867: Provided however, That the sum so borrowed, together with the treasury notes issued under the first and twelfth sections of this act outstanding, and the stock created by this and the thirteenth section of this act, shall not in the whole

(a) This act authorizes an issue of treasury notes, not exceeding $10,000,000. 9 Stat. 39.

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