tary of the Treasury shall prescribe to the vessels-of-war of any nation in certain nations ports of the United States, which may reciprocate such privilege towards may be bought the vessels-of-war of the United States in its ports. visions. Existing laws from warehouse duty free. SEC. 23. That all acts and parts of acts repugnant to the provisions of Repeal of inthis act be, and the same are hereby, repealed: Provided, That the consistent proexisting laws shall extend to, and be in force for, the collection of the duties imposed by this act, for the prosecution and punishment of all to be in force. offences, and for the recovery, collection, distribution, and remission of all fines, penalties, and forfeitures, as fully and effectually as if every regulation, penalty, forfeiture, provision, clause, matter, and thing to that effect, in the existing laws contained, had been inserted in and re-enacted by this act. (Sections 24 and 25 repealed, 1864, ch. 173, § 173.) No. 430. JULY 14, 1862. CHAP. CLXIX. — An Act to further provide for the Collection of the Revenue upon the Stat at Large, Vol. XII. p. 571. Master, &c. of and licensed for manifest, &c. at Duty of master other ports. Be it enacted, &c. That from and after the first day of October next, the master or manager of every vessel which is enrolled or licensed for vessel enrolled carrying on the coasting trade on the northern, northeastern, and north- coasting trade western frontiers of the United States shall, before the departure of his on northern, &c. vessel from any port, file a manifest of his cargo with the collector and frontiers, to file obtain a clearance; and if said vessel shall touch at any of the ports of the United States, and there receive on board any goods, wares, or merchandise, or discharge any portion of her cargo, the master or manager shall report to the collector such arrival and produce his manifest, and it shall be the duty of the collector to indorse thereon, certified by himself, a description of the goods, wares, or merchandise so taken on board or unladen, and return the same to the master or manager, who shall deliver to the collector of the port at which the unlading of the cargo is completed, the manifest to be placed on file in his office. And the owner or owners of every vessel whose master or manager shall neglect to comply with the neglect. provisions of this section, shall forfeit and pay to the United States the sum 27, 1864, ch. 164, of [twenty] dollars for each and every offence, one half for the use of the in- §§ 6 and 8. former, and for which sum the vessel shall be liable, and may be seized and proceeded against summarily by way of libel in any district court of - the United States having jurisdiction of the offence. SEC. 2. That collectors and surveyors of the collection districts on the said frontiers are authorized to keep on sale, at their several offices, blank manifests and clearances required for the business of their districts, and to charge the sum of ten cents and no more for each blank which shall be prepared and executed by them. Of collector at such ports. Penalty for Amended June Blank mani fests, &c. to be kept for sale by collectors, &c. Price of blanks. SEC. 3. That goods imported under the reciprocity treaty with Great Goods under Britain may be entered at any port on the northern, northeastern, and reciprocity northwestern frontiers of the United States, upon satisfactory evidence entered at any treaty may be being given to the collector at the port where such goods are offered for port on northern, entry, that they are of the growth or production of Canada, without the &c. frontier, upconsular certificate now required. on, &c. Fees for such SEC. 4. That for every entry of goods at any custom-house on the northern, northeastern, and northwestern frontiers of the United States, a entry. fee of forty cents shall be charged by the collector, and accounted for to 1865, ch. 101. the government. in the States in SEC. 5. That the Secretary of the Treasury be, and he is hereby, au- Special agents thorized in all cases where ports may be opened within the limits of in- at ports opened surrectionary States, during the existing rebellion, to appoint special insurrection. agents to perform the functions of the ordinary officers subordinate to the Treasury Department at such ports: Provided, That the compensation to Compensation. be allowed such temporary officers shall not exceed that paid to permanent officers of the same position during the year eighteen hundred and fifty-nine, nor exceed the compensation ordinarily allowed to such official agents. Stat. at Large, CHAP. CLXXXIX. - An Act in Relation to the Competency of Witnesses, and for Vol. XII. p. 588. other Purposes. Competency of witnesses in the federal courts. Be it enacted, &c. That the laws of the State in which the court shall be held shall be the rules of decision as to the competency of witnesses in the courts of the United States, in trials at common law, in equity, and admiralty. No. 432.- JULY 17, 1862. Stat. at Large, CHAP. CXCIX. —An Act to provide for the more prompt Settlement of the Accounts of Vol. XII. p. 593. Disbursing Officers. Accounts of disbursing officers to be settled monthly. to be forwarded in ten days. received in sea son. Be it enacted, &c. That from and after the passage of this act any officer or agent of the United States who shall receive public money which he is not authorized to retain as salary, pay or emolument, shall render Accounts, &c. his accounts monthly, instead of quarterly, as heretofore; and such accounts, with the vouchers necessary to the correct and prompt settlement thereof, shall be rendered direct to the proper accounting officer of the treasury, and be mailed or otherwise forwarded to its proper address within ten days after the expiration of each successive month. And in Proceedings if case of the non-receipt at the treasury of any accounts within a reasonaaccounts are not ble and proper time thereafter, the officer whose accounts are in default shall be required to furnish satisfactory evidence of having complied with the provisions of this act; and for any default on his part, the delinquent officer shall be deemed a defaulter, and be subject to all the penalties 1846, ch. 90, § 16. prescribed by the sixteenth section of the act of August sixth, eighteen hundred and forty-six, " to provide for the better organization of the treasury, and for the collection, safe-keeping, transfer and disbursement of the public revenue;" Provided, That the Secretary of the Treasury Time may be may, if in his opinion the circumstances of the case justify and require it, extend the time hereinbefore prescribed for the rendition of accounts: Other returns And provided further, That nothing herein contained shall be construed may be required. to restrain the heads of any of the departments from requiring such other returns or reports from the officer or agent, subject to the control of such heads of departments, as the public interest may require. Proviso. extended. No. 433.- JULY 17, 1862. Stat. at Large, CHAP. CCV.—An Act requiring the Commanders of American Vessels sailing to forVol. XII. p. 610. eign Ports and Persons prosecuting Claims, to take the Oath of Allegiance. Commanders of American foreign ports, and persons prosecuting claims, to take oath of allegiance. Be it enacted, &c. That the commanders of all American vessels sailvessels sailing to ing from ports in the United States to foreign ports, during the continuance of the present rebellion, and all persons prosecuting claims either as attorney or on his own account, before any of the departments or bureaus of the United States, shall be required to take the oath of allegiance, and to support the Constitution of the United States, (or affirm, as the case may be,) as required of persons in the civil service of the United States by the provisions of the act of Congress approved August sixth, eighteen hundred and sixty-one. 1861, ch. 64. Ante, p. 411. Who may administer oath. SEC. 2. That the oath or affirmation herein provided for in the first section of this act may be taken before any justice of the peace, notary public, or other person who is legally authorized to administer an oath in the State or district where the same may be administered; and that any violation of such oath by any person or persons taking the same shall Penalty for subject the offender to all the pains and penalties of wilful and corrupt violation of oath. perjury, who shall be liable to be indicted and prosecuted to convic tion for any such offence before any court having competent jurisdiction thereof. CHAP. XX. — An Act in Relation to Commissioned Officers of the United States Revenue- Be it enacted, &c. That the commissioned officers of the United States revenue-cutter service shall be appointed by the President, by and with the advice and consent of the Senate. SEC. 2. That the grades of engineers shall be chief engineers, first and second assistant engineers, with the pay and relative rank of first, second, and third lieutenants, respectively. SEC. 3. That the wages of petty officers and crew shall not exceed the average wages paid for like services on the Atlantic or Pacific coasts, respectively, in the merchant service. Stat. at Large, Vol. XII. p. 639. Commissioned officers of rev enue-cutter service to be ap pointed by the President. gineers. and crew. Relative rank cers when serv SEC. 4. That the officers of the revenue-cutter service, when serving in accordance with law, as part of the navy, shall be entitled to relative of revenue offirank, as follows: Captains, with and next after lieutenants commanding ing as part of in the navy; first lieutenants, with and next after lieutenants in the navy; navy. second lieutenants, with and next after masters in line in the navy; third 28, 1867. lieutenants, with and next after passed midshipmen in the navy: Provided, That no change of rank by this bill shall increase the pay to which such officer is now entitled by law. See act of Feb. Pay not to be increased thereby. Stat. at Large, CHAP. XXV. — An Act making Appropriations for the Support of the Army for the Year ending the thirtieth of June, eighteen hundred and sixty-four, and for a Deficiency Vol. XII. p. 642. for the Signal Service for the Year ending June thirty, eighteen hundred and sixty-three. SEC. 2. That no money shall be paid from the treasury of the United No money to States to any person acting or assuming to act as an officer, civil, milita- be paid as salary in any office, ry, or naval, as salary in any office, which office is not authorized by some unless authorpreviously existing law, unless where such office shall be subsequently sanc- ized, &c.; nor to any tioned by law, nor shall any money be paid out of the treasury, as salary, person appointed to any person appointed during the recess of the Senate, to fill a vacancy to fill certain in any existing office, which vacancy existed while the Senate was in vacancies. session and is by law required to be filled by and with the advice and consent of the Senate, until such appointee shall have been confirmed by the Senate. CHAP. XLIV.— An Act to provide for the Appointment of an Assistant Register in the Treasury Department and a Solicitor for the War Department, and for other Purposes. Be it enacted, &c. That the President be, and he is hereby authorized, to appoint, by and with the advice and consent of the Senate, for the term of one year, an officer in the office of the register of the treasury, to be called the assistant register, at an annual salary of two thousand dollars. SEC. 2. That the duties of said assistant shall be such as may be devolved on him by the register of the treasury, and, in the absence of the register, said assistant shall act in his place and stead; and any offi Stat. at Large, Vol. XII. p. 656. President may appoint assistant register of the treasury. Salary. Made permanent, 1864, ch. 30, § 7. Duty. Stat. at Large, Vol. XII. p. 656. Vacancies in executive de filled. cial record, certificate, or other document, excepting warrants, bonds, and drafts, if signed by the assistant register, shall have the same legal force and validity as if signed by the register of the treasury. CHAP. XLV. — An Act temporarily to supply Vacancies in the Executive Departments in certain Cases. Be it enacted, &c. That in case of the death, resignation, absence from the seat of government, or sickness, of the head of any executive department of the government, or of any officer of either of the said departpartments, how ments whose appointment is not in the head thereof, whereby they cannot perform the duties of their respective offices, it shall be lawful for the President of the United States, in case he shall think it necessary, to authorize the head of any other executive department, or other officer in either of said departments, whose appointment is vested in the President, at his discretion, to perform the duties of the said respective offices until a successor be appointed, or until such absence or inability by sickness For what time. shall cease: Provided, That no one vacancy shall be supplied in manner aforesaid for a longer term than six months. Repealing clause. SEC. 2. That all acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Stat. at Large, CHAP. L. Vol. XII. p. 657. The United States may prossecute appeals, &c. without security for costs. - An Act to allow the United States to prosecute Appeals and Writs of Error without giving Security. Be it enacted, &c. That whenever any writ of error, appeal, or other process in law, admiralty, or equity shall issue from or be brought up to the Supreme Court of the United States, either by the United States or by direction of any department of the government thereof, no bond, obligation, or security shall be required from the United States, or from any party acting under the direction aforesaid, by any judge or clerk of court, either to prosecute said suit or to answer in damages or costs. In Costs, how paid. case of an adverse decision, such costs as by law are taxable against the United States shall be paid out of the contingent fund of the department under whose direction the proceedings shall have been instituted. All acts and parts of acts inconsistent herewith are hereby repealed. Repealing clause. Stat. at Large, CHAP. LII. - An Act to annex a Part of the State of New Jersey to the Collection Vol. XII. p. 658. District of New York, and to appoint an Ässistant Collector, to reside at Jersey City. Portions of New Jersey added to collection district of New York. 1865, ch. 55. Assistant collector at Jersey city. Salary. Be it enacted, &c. That all that part of the State of New Jersey which lies north and east of Elizabethtown and Staten Island, comprising the counties of Hudson and Bergen, be, and the same is hereby, annexed to the collection district of New York; that an assistant collector, to be appointed by the President of the United States, shall reside at Jersey City, who shall have power to enter and clear vessels in like manner as the collector of New York is authorized by law to do, but such assistant collector shall, nevertheless, act in conformity to such instructions and regulations as he shall from time to time receive from the collector of New York; and that the said assistant collector shall receive for his annual salary two thousand dollars in full for all services to be by him performed, and in lieu of commissions and fees. No. 440. - MARCH 3, 1863. CHAP. LXXVI. — An Act to prevent and punish Frauds upon the Revenue, to provide Stat. at Large, for the more certain and speedy Collection of Claims in Favor of the United States, and Vol. XII. p. 737. for other Purposes. To be produced to consul. dorsed thereon. Be it enacted, &c. That from and after the first day of July, eighteen Invoices of imhundred and sixty-three, all invoices of goods, wares, and merchandise ports of foreign imported from any foreign country into the United States shall be made goods, to be in triplicate after in triplicate, and signed by the person or persons owning or shipping July 1, 1863. How signed. said goods, wares, or merchandise, if the same have actually been purchased, or by the manufacturer or owner thereof, if the same have been procured otherwise than by purchase, or by the duly authorized agent of such purchaser, manufacturer, or owner; and said invoices shall, at or before the shipment thereof, be produced to the consul, vice-consul, or commercial agent of the United States nearest the place of shipment for the use of the United States, and shall have indorsed thereon, when so produced, a declaration signed by said purchaser, manufacturer, owner, Declaration inor agent, setting forth that said invoice is in all respects true; that it contains (if the goods, wares, and merchandise mentioned therein are subject to ad valorem duty, and were obtained by purchase) a true and full statement of the time when and the place where the same were purchased, and the actual cost thereof, and of all charges thereon; and that no discounts, bounties, or drawbacks are contained in said invoice but such as have actually been allowed thereon; and when obtained in any other manner than by purchase, the actual market value thereof at the time and place when and where the same were procured or manufactured; and if subject to specific duty, the actual quantity thereof; and that no different invoice of the goods, wares, or merchandise, mentioned in the invoice so produced has been or will be furnished to any one. If said goods, wares, or merchandise have been actually purchased, said declaration shall also contain a statement that the currency in which said invoice is made out is the currency which was actually paid for said goods, wares, or merchandise by the purchaser. And the person so producing said invoice shall at the same time declare to said consul, vice-consul, or com- on each; mercial agent the port in the United States at which it is intended to make entry of said goods, wares, or merchandise; whereupon the said consul, vice-consul, or commercial agent shall indorse upon each of said triplicates a certificate, under his hand and official seal, stating that said invoice has been produced to him, with the date of such production, and the name of the person by whom the same was produced, and the port in the United States at which it shall be the declared intention to make entry of the goods, wares, or merchandise therein mentioned. And thereupon the said consul, vice-consul, or commercial agent shall deliver to the person producing the same one of said triplicates, to be used in making entry of said goods, wares or merchandise; shall file another in his office, to be there carefully preserved; and shall, as soon as practicable, transmit the remaining one to the collector of the port of the United States at which it shall be declared to be the intention to make entry of said goods, wares, or merchandise. And no goods, wares, or merchandise imported into the United States from any foreign place or country after said first day of July, eighteen hundred and sixty-three, shall be admitted invoice conforms to an entry unless the invoice presented shall in all respects conform to the requirements hereinbefore mentioned, and shall have thereon the certificate of the consul, vice-consul, or commercial agent hereinbefore specified, nor unless said invoice be verified at the time of making such . entry by the oath or affirmation of the owner or consignee, or the authorized agent of the owner or consignee thereof, certifying that the said invoice and the declaration thereon are in all respects true, and were made by the person by whom the same purports to have been made, nor, Consul, &c. to make certificate to whom to deliver the same. Goods, &c. not to be admitted to entry, unless the hereto. |