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No. 488. - FEBRUARY 28, 1865.

CHAP. LXX. An Act to amend an Act entitled "An Act to regulate the Admeasurement
of Tonnage of Ships and Vessels of the United States," approved May sixth, eighteen hun- Vol. XIII.
dred and sixty-four.

Stat. at Large,
p. 444.

1864, ch. 83.

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Cabins, &c. above deck not

Be it enacted, &c. That the act entitled "An act to regulate the admeasurement of tonnage of ships and vessels of the United States," ap- to be measured proved May sixth, eighteen hundred and sixty-four, shall be so construed for tonnage. that no part of any ship or vessel shall be admeasured or registered for tonnage that is used for cabins or state-rooms, and constructed entirely above the first deck, which is not a deck to the hull.

No. 489.

FEBRUARY 28, 1865.

-An Act concerning the Collection District of Salem and Beverly, in
Massachusetts.

CHAP. LXXI.

Stat. at Large, Vol. XIII. p. 444. Naval officer

Be it enacted, &c. That the office of naval officer for the district of Salem at Salem and and Beverly, in the State of Massachusetts, be, and the same is hereby, Beverly, Mass. abolished.

SEC. 2. That the office of surveyor for said district, to reside at Beverly, Surveyor, resibe, and the same is hereby, abolished.

dence.

Salary.

SEC. 3. That the salary of surveyor of said district shall hereafter be four hundred dollars per annum.

No. 490.

FEBRUARY 28, 1865.

CHAP. LXXII. — An Act granting to the Michigan City Harbor Company the Use of
Government Piers in said Harbor for the Purpose of protecting said Harbor.

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Stat. at Large, Vol. XIII. p. 445.

Use of certain piers

Be it enacted, &c. That there is hereby granted to the Michigan City Harbor Company, at Michigan City, in the State of Indiana, the privilege Michigan City of using the foundations of the old government piers now in said harbor, Harbor Coinfor the purpose of improving and protecting the said harbor, and no ex- pany. penses made by the said harbor company for this purpose shall be considered a charge against the government.

SEC. 2. That Michigan City, in the State of Indiana, is hereby consti- Michigan City tuted a port of delivery, subject to the same regulations and restrictions made a port of delivery and anas other ports of delivery of the United States, and the said port of deliv- nexed to Chicago ery is hereby annexed to, and made part of, the collection district of Chi- district. cago, in the State of Illinois. And there shall be appointed a surveyor of the customs, to reside at said port, who shall receive an annual compensation of three hundred and fifty dollars per annum.

Surveyor.

No. 491.- MARCH 2, 1865.

Stat. at Large,

CHAP. LXXIII. — An Act making Appropriations for the Legislative, Executive, and Judicial Expenses of the Government for the Year ending June thirtieth, eighteen hundred Vol. XIII. p. 445. and sixty-six, and additional Appropriations for the current fiscal Year.

SEC. 4. That from and after the commencement of the next fiscal

year,

Salaries of assistant secre

the salary of each of the assistant secretaries of the executive depart-taries, attorneyments, the assistant attorney-general, and the three assistant postmasters-general, and general, shall be three thousand five hundred dollars per annum. postmasters-gen

eral.

SEC. 5. That the provisions of the act approved April twenty-nine, Pay of certain eighteen hundred and sixty-four, "increasing the compensation of inspec- inspectors. tors of customs in certain ports," be extended to July first, eighteen hundred and sixty-six.

1864, ch. 71.

Proviso.

Stat. at Large, CHAP. LXXX. — An Act amendatory of certain Acts imposing Duties upon foreign ImVol. XIII. p. 491.

portations.

Proviso.

(For first three sections see Part II.)

Tonnage duty.

SEC. 4. That section fifteen of an act entitled "An act increasing tem1862, ch.163, §15. porarily the duties on imports, and for other purposes," approved July

fourteen, eighteen hundred and sixty-two, be, and the same hereby is, amended so as to impose a tax or tonnage duty of thirty cents per ton, in lieu of "ten cents," as therein mentioned: Provided, That the receipts of vessels paying tonnage duty shall not be subject to the tax provided in 1864, ch. 172, section one hundred and three of "An act to provide internal revenue to § 103. support the government, to pay interest on the public debt, and for other purposes," approved June thirtieth, eighteen hundred and sixty-four, nor by any act amendatory thereof: Provided further, That no ship, vessel, or steamer, having a license to trade between different districts of the United States, or to carry on the bank, whale, or other fisheries, or on [nor] any ship, vessel, or steamer to or from any port or place in Mexico, the British provinces of North America, or any of the West India Islands, or in all these trades, shall be required to pay the tonnage duty, contemplated by this act, more than once a year.

SEC. 5. That the term "statuary," as used in the laws now in force imposing duties on foreign importations, shall be understood to include professional productions of a statuary or of a sculptor only.

SEC. 6. That there shall be hereafter collected and paid on all goods, wares, and merchandise of the growth or produce of countries [east] of the Cape of Good Hope, (except raw cotton and raw silk, as reeled from the cocoon, or not further advanced than tram, thrown, or organzine,) when imported from places west of the Cape of Good Hope, a duty of ten per centum ad valorem, in addition to the duties imposed on any such article when imported directly from the place or places of their growth or production.

Assessment of

ties.

SEC. 7. That in all cases where there is or shall be imposed any ad ad valorem du- valorem rate of duty on any goods, wares, or merchandise imported into the United States, and in all cases where the duty imposed by law shall be regulated by, or directed to be estimated or based upon, the value of the square yard, or of any specified quantity or parcel of such goods, wares, or merchandise, it shall be the duty of the collector, within whose district the same shall be imported or entered, to cause the actual market value, or wholesale price thereof, at the period of the exportation to the United States, in the principal markets of the country from which the same shall have been imported into the United States, to be appraised, and such appraised value shall be considered the value upon which duty shall be assessed. That it shall be lawful for the owner, consignee, or agent of any goods, wares, or merchandise, which shall have been actually purchased, or procured otherwise than by purchase, at the time, and not afterwards, when he shall produce his original invoice, or invoices, to the collector and make and verify his written entry of his goods, wares, or merchandise, as provided by section thirty-six of the act of March two, 1799, ch. 22, § 36. seventeen hundred and ninety-nine, entitled "An act to regulate the col

Statuary.

Ten per cent. additional on products east of Cape of Good Hope imported,

&c.

- MARCH 3, 1865.

Additions to invoice value.

No. 492.

Actual market value to be appraised.

lection of duties on imports and tonnage," to make such addition in the entry to the cost or value given in the invoice as in his opinion may raise the same to the actual market value or wholesale price of such goods, wares, or merchandise, at the period of exportation to the United States, in the principal markets of the country from which the same shall have been imported; and it shall be the duty of the collector, within whose district the same may be imported or entered, to cause such actual market value or wholesale price to be appraised in accordance with the provisions of existing laws, and if such appraised value shall exceed by ten per

Penalty for

Proviso.

centum or more the value so declared in the entry, then, in addition to the duties imposed by law on the same, there shall be levied, collected, and paid duty of twenty per centum ad valorem on such appraised value: undervaluation. Provided, That the duty shall not be assessed upon an amount less than the invoice or entered value, any act of Congress to the contrary notwithstanding: And provided further, That the sections twenty-third and twenty-fourth of the act approved June thirtieth, eighteen hundred and sixty-four, entitled "An act to increase duties on imports, and for other purposes," and all acts and parts of acts requiring duties to be assessed upon commissions, brokerage, costs of transportation, shipment, transhipment, and other like costs and charges incurred in placing any goods, wares, or merchandise on shipboard, and all acts or parts of acts inconsistent with the provisions of this act, are hereby repealed.

Repeal of 1864, ch. 171, §§ 23, 24.

Guano,

SEC. 8. That so much of an act entitled "An act to authorize protection to be given to citizens of the United States who may discover deposits of guano," approved August eighteen, eighteen hundred and fifty-six, as prohibits the export thereof, is hereby suspended in relation to all persons who have complied with the provisions of section second of said act for 1856, ch. 164. two years from and after July fourteenth, eighteen hundred and sixty-five.

export of.

SEC. 9. That this act shall take effect on and after the first day [of] When act April, eighteen hundred and sixty-five.

takes effect.

66

SEC. 10. [That so much of sections thirty-nine, forty, forty-one, forty-two, Repealed, 1866, forty-three, and forty-four of the act entitled An act to regulate the [collection ch. 201, § 43. of duties on imports and tonnage," approved March second, seventeen hundred and ninety-nine, as requires the branding or marking and certifying of casks, chests, vessels, and cases containing distilled spirits, or teas, be and the same is hereby revived, to be executed under such rules and regulations as shall be prescribed by the Secretary of the Treasury.]

SEC. 11. [That flax and hemp machinery and steam agricultural machinery, Flax, &c. maas designated in section 21 [twenty-one] of the act "to increase duties on im- chinery. ports, and for other purposes," approved June thirtieth, eighteen hundred and sixty-four, may be imported free from duty for one year from the passage of this act.]

SEC. 12. That in all proceedings brought by the United States in any court for due recovery as well of duties upon imports alone as of penalties for the non-payment thereof, the judgment shall recite that the same is rendered for duties, and such judgment, interest, and costs shall be ayable in the coin by law receivable for duties, and the execution issued on such judgment shall set forth that the recovery is for duties, and shall require the marshal to satisfy the same in the coin by law receivable for duties; and in case of levy upon and sale of the property of the judgment debtor, the marshal shall refuse payment from any purchaser at such sale in any other money than that specified in the execution.

Duties upon

abated.

SEC. 13. That the eighth section of the act of March twenty-third certain goods [eight] eighteen hundred and fifty-four, "to extend the warehousing sys- destroyed by tem by establishing private bonded warehouses, and for other purposes," casualty to be which authorized the Secretary of the Treasury, in case of the actual 1854, ch. 30, § 8. injury or destruction of goods, wares, or merchandise by accidental fire or other casualty, while in warehouse under bond, &c., to abate or refund the duties paid or accruing thereon, be extended so as to include goods, wares, or merchandise injured or destroyed in like manner while in the custody of the officers of the customs, and not in bond, and also to goods, wares, and merchandise so injured or destroyed after their arrival within the limits of any port of entry of the United States, and before the same have been bonded [landed] under the suspension [supervision] of the officers of the customs: Provided, That this act shall apply only to cases arising from and after its passage, and to cases where the duties have not already been paid.

Judgment for collected in coin. duties, to be

Proviso.

Stat. at Large,

Vol. XIII. p. 504.
Letters and

SEC. 10. That no steamship or other vessel departing from the United packets, unless States for a foreign port or ports, shall be permitted to receive on board, regularly posted or convey any letters or letter packets originating in the United States, at the post-office of the port, not which have not been regularly posted at, and received from, the post-office to be received by at the port of departure; and it shall be the duty of the collector or other steamships, &c. officer of the port empowered to grant clearances of vessels, to require as a condition of clearance, from the master or commander of such steamship or vessel, an oath or affirmation that he has not received on board his ship or vessel, and has not under his care or within his control, and will not receive and convey any letters or letter packets addressed to a foreign country, except as hereinafter excepted, which hire [have] not been delivered to him from the post-office at the port of departure: Provided, however, That the provisions of this section shall not apply to any letters or letter packets which relate to the cargo and are addressed to the owner or consignee of such steamship or other vessel, or to any letters or packets which are enclosed in a United States stamped envelope of a denomination sufficient in amount to cover the United States postage legally chargeable thereon, if such letters or packets had been posted and transmitted by the regular mail.

No. 493.- MARCH 3, 1865.

CHAP. LXXXIX. - An Act relating to the Postal Laws.

Conditions of clearance of ves

sels.

Proviso.

Stat. at Large, Vol. XIII. p. 514.

Be it enacted, &c. That there shall be designated and appointed, in the mode prescribed by law, two assistant local inspectors of steamboats in the city of New York, and two local inspectors at the city of Galena, Illinois, with an annual compensation of twelve hundred dollars for the said assistant local inspectors in the city of New York, and eight hundred dollars for the two local inspectors at the city of Galena, Illinois, as in case of other like inspectors; and said inspectors shall perform the duties and be subject to the provisions of the steamboat act of August thir1852, ch. 106. tieth, eighteen hundred and fifty-two. And the local board of inspectors at Wheeling is hereby re-established.

SEC. 2. That, in lieu of the fees for inspection prescribed by the sixth section of the act entitled "An act to create an additional supervising inspector of steamboats and two local inspectors of steamboats for the collection district of Memphis, Tennessee, and two local inspectors for the collection district of Oregon, and for other purposes," approved June 1864, ch. 113, § 6. eighth, eighteen hundred and sixty-four, there shall be levied and paid

for each steam-vessel of one hundred tons or under, twenty-five dollars, and in addition thereto for each and every ton, in excess of one hundred tons, five cents.

Local inspectors of steamboats and assistants in New

lena.

York and Ga-
Pay and duties.

Fees for inspection.

Repealing clause.

No. 494.

MARCH 3, 1865.

CHAP. XCIV. An Act to provide for two assistant local Inspectors of Steamboats in the City of New York, and for two local Inspectors at Galena, Illinois, and to re-establish the Board of local Inspectors at Wheeling; and also to amend the Act approved June eighth, eighteen hundred and sixty-four, entitled "An Act to create an additional Inspector of Steamboats and two local Inspectors of Steamboats for Collection Districts of Memphis and Oregon, and for other Purposes."

A three-cent piece to be coined.

SEC. 3. That all acts or parts of acts inconsistent with this act are hereby repealed.

No. 495.

MARCH 3, 1865.

Stat. at Large, CHAP. C.—An Act to authorize the Coinage of Three-Cent Pieces, and for other PurVol. XIII. p. 517. poses.

Be it enacted, &c. That so soon as practicable after the passage of this act, there shall be coined at the mint of the United States a three-cent

piece, composed of copper and nickel in such proportions, not exceeding Composition, twenty-five per centum of nickel, as shall be determined by the director weight, shape, device, &c. of the mint, the standard weight of which shall be thirty grains, with no greater deviation than four grains to each piece, and the shape, mottoes, and devices of said coin shall be determined by the director of the mint, with the approval of the Secretary of the Treasury. And the laws now in force relating to the coinage of cents, and providing for the purchase of material and prescribing the appropriate duties of the officers of the mint, and of the Secretary of the Treasury be, and the same are hereby, extended to the coinage herein provided for.

Laws applicable.

Laws relating to coins and coinage extended to

SEC. 2. That all laws now in force, relating to the coins of the United States, and the striking and coinage of the same, shall so far as applicable be extended to the coinage herein authorized, whether said laws are this coin, &c. penal or otherwise, for the security of the coin, regulating and guarding the process of striking and coining, for preventing debasement, or counterfeiting, or for any other purpose. And the director of the mint shall Director of prescribe suitable regulations to insure a due conformity to the required mint to make weights and proportions of alloy in the said coin, and shall order trials thereof to be made from time to time, by the assayer of the mint, whereof a report shall be made in writing to the director.

regulations.

cents.

Expenses, how

SEC. 3. That the said coin shall be a legal tender in any payment to To be legal the amount of sixty cents. And it shall be lawful to pay out said coins tender for sixty in exchange for the lawful currency of the United States, (except cents The three-cent or half-cents or two-cent pieces issued under former acts of Congress,) coin may be paid in suitable sums by the treasurer of the mint, and by such other depos- out in exchange for lawful curitaries as the Secretary of the Treasury may designate, and under general rency, except, regulations approved by the Secretary of the Treasury. And under the &c. like regulations the same may be exchanged in suitable sums for any lawful currency of the United States; and the expenses incident to such exchange, distribution, and transmission, may be paid out of the profits of paid. said coinage, and the net profits of said coinage, ascertained in like manner as is prescribed in the second section of the act entitled "An act relating to foreign coins, and the coinage of cents at the mint of the United States," approved February twenty-first, eighteen hundred and fifty-seven, 1857, ch. 56, § 2. shall be transferred to the treasury of the United States: Provided, That from and after the passage of this act, no issues of fractional notes of the No fractional United States shall be of a less denomination than five cents, and all note to be issued such issues of a less denomination, at that time outstanding, shall, when paid into the treasury or any designated deposita[o]ry of the United States, or redeemed or exchanged as now provided by law, be retained and cancelled.

under five cents.

SEC. 4. That if any person or persons shall knowingly make, issue, or Knowingly pass, or cause to be made, issued, or past [passed], any coin, card, token, making or passor device, whatsoever, in metal or its compounds, intended to pass or be ken, &c. for coin ing any coin, topassed as money, for the coin authorized by this act, or for coin of equal authorized by value, such person or persons shall be deemed guilty of a misdemeanor, this act, how and shall on conviction thereof be punished by a fine not exceeding one thousand dollars, and by imprisonment for a term not exceeding five years, at the discretion of the court.

punished.

"In God we

SEC. 5. That, in addition to the devices and legends upon the gold, silver, and other coins of the United States, it shall be lawful for the di- trust," may be rector of the mint, with the approval of the Secretary of the Treasury, hereafter issued. placed on coins to cause the motto "In God we trust" to be placed upon such coins hereafter to be issued as shall admit of such legend thereon.

"One-cent"

SEC. 6. That the one and two cent coins of the United States shall not be a legal tender for any payment exceeding four cents in amount; and so much of the laws of the United States heretofore enacted as are tender only for conflict with the provisions of this act, are hereby repealed,

and "two-cent" coins to be legal

four cents.

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