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14 June 18662. Punishment of
4. If any disbursing officer of the United States (a) shall deposit any public money intrusted to him, in any place or in any manner, except as authorized by law, or shall embezzlement by convert to his own use in any way whatever, or shall loan, with or without interest, or disbursing offi
What to be deemed embezzlement by bankers, &c.
shall for any purpose not prescribed by law withdraw from the treasurer or any assistant treasurer, or any authorized depository, or shall for any purpose not prescribed by law transfer or apply any portion of the public money intrusted to him, every such act shall be deemed and adjudged an embezzlement of the money so deposited, converted, used, loaned, withdrawn, transferred or applied; and every such act is hereby declared a felony, and upon conviction thereof, shall be punished by imprisonment for a term not less than one year nor more than ten years, or by fine not more than the amount embezzled nor less than one thousand dollars, or by both such fine and imprisonment, at the discretion of the court.
3 March 18602 1. 15 Stat. 306.
5. If any banker, broker or any person, not an authorized depositary of public moneys, shall knowingly receive from any disbursing officer, or collector of internal revenue, or other agent of the United States, any public money, on deposit or by way of loan or accommodation, with or without interest, or otherwise than in payment of a debt against the United States; or shall use, transfer, convert, appropriate or apply any portion of the public money for any purpose not prescribed by law; or shall counsel, aid or abet any disbursing officer, or collector of internal revenue, or other agent of the United States in so doing, every such act shall be deemed and adjudged an embezzlement of the money so deposited, loaned, transferred, used, converted, appropriated or applied; and any president, cashier, teller, director or other officer of any bank or banking association who shall violate any of the provisions of this act shall be deemed and adjudged guilty of embezzlement of public money, and punished as provided in section two of this act.(b)
6. The secretary of the treasury may, at his discretion, designate any officer of the United States who has given bonds for the faithful performance of his duties, as disPower to desig- bursing agent for the payment of all moneys that are or may be appropriated for the
nate disbursing officers.
construction of public buildings authorized by law in their respective districts.
1. Acts giving a right of way through the public lands extended.
2. Railroads may carry passengers and freight from one state to another, and connect with other roads for such purpose. 3. Power of repeal reserved.
1. That the provisions of the act entitled "An act to grant the right of way to all rail and plank roads, and macadamized turnpikes passing through the public lands belonging to the United States," approved August 4th 1852,(c) and of the act extend
15 July 1862 1. 12 Stat. 577. Acts giving a right of way
through the pub- ing the same to all of the public lands of the United States, approved March 3d 1855, (d)
lic lands extended.
be and the same are hereby extended for the term of five years from the 4th day of August 1862.
15 June 1866 % 1. 14 Stat. 66. Railroads may carry passengers
2. That every railroad company in the United States, whose road is operated by steam, its successors and assigns, be and is hereby authorized to carry upon and over its road, boats, bridges and ferries, all passengers, troops, government supplies, mails,
and freight from freight and property on their way from any state to another state, and to receive com
one state to another and con
pensation therefor, and to connect with roads of other states so as to form continuous
nect with other lines for the transportation of the same to the place of destination: Provided, That this
roads for such
act shall not affect any stipulation between the government of the United States and
Ibid. 22. (a) See United States v. Bloomgart, 7 Int. R. Rec, 148. (b) This section has no application except to the officers of banks and banking associations: where the enacting clause of a statute makes a certain act a penal offence, and a subsequent clause provides for its punishment, when committed by certain officers, no others can be convicted under it. United States v. Hartwell, 6 Wall. 385. And see The St. Jago de Cuba, 9 Wh. 409. (e) 1 vol. 812, pl. 1. (d) 1 vol. 812, pl. 4.
(e) In the preamble to this extraordinary assumption of power on the part of the federal congress, they profess to base their authority for it on the power to regulate commerce among the several states, to establish post-roads, and to raise and support
armies. But it had been decided, that the constitutional power to establish post-roads, is confined to such as are regularly laid out under state authority: the government of the United States cannot construct a post-road within a state of the Union without its consent: the post-roads of the United States are the property of the states through which they pass; the United States have the mere right of transit over them, for the purpose of carrying the mail: the government could not have an injunction to prevent the destruction of a mail road. Cleveland, Painesville and Ashtabula Railroad Co. v. Franklin Canal Co., Circuit Court, Pittsburgh, Irwin, J., 1 Pitts. L. J., 24 Dec. 1853. Congress, certainly, can confer no rights on a railroad company, incorporated by a state government, which are withheld from it by the charter of its creation.
1. Distribution of reports.
2. Time for publication extended.
3. Compensation, where a second volume is directed to be published in one year.
12 Stat. 245.
1. One copy of the decisions of the supreme court, published by authority of the act 2 March 1861 2 6. of 29th August 1842, (a) shall be deposited in the office of the secretary of the interior, and one copy sent to each of the judges and to the solicitor of the court of claims, the Distribution of judges of the criminal and orphans' courts for the District of Columbia, the commissioner of customs, the commissioner of patents, and the heads of such other executive offices of equal grade, as have been established since the passage of the law distributing said decisions, and to such as may hereafter be provided for; each of whom shall likewise be entitled to receive one copy of the Statutes at Large.
14 Stat 51.
2. The reporter of the decisions of the supreme court of the United States shall 21 May 1866 31. hereafter be allowed the term of eight months for the publication of his reports, instead of six, as provided by the act of August 29th 1842.
1. Number of officers.
3. Sale and substitution of vessels.
4. Additional engineers.
5. Charter and purchase of vessels.
6. Officers to be confirmed by the senate.
14 Stat. 471.
3. If the supreme court shall, in any one year, direct its reporter to publish a second 2 Mar. 1867 2 10. volume, for such year, of its decisions, and if such second volume shall be published accordingly, an additional sum of fifteen hundred dollars shall be paid said reporter Compensation, therefor, on the delivery by said reporter to the secretary of the interior, for distribution, volume is directed to be pubaccording to existing laws, of three hundred copies of such second volume of said reports. Fitted in one
where a second
7. Grades of engineers.
8. Wages of petty officers and crew.
10. Steam revenue cutters on the lakes.
12 Stat. 275.
1. The number of officers for each revenue vessel shall be one captain and three 25 July 1861 ? 2. lieutenants, first, second and third; and of a steam-vessel, one engineer and one assistant engineer, and such number of petty officers and men as, in the opinion of the secre- Number of offtary of the treasury, may be required to make the vessels efficient for the duties required of them: Provided, That the secretary of the treasury shall have the power to assign any greater number of officers than is herein prescribed, should the nature of the service to which any vessel may be assigned, in his opinion, require it.
2. The secretary of the treasury shall have the power to direct the performance of any service by the revenue vessels which, in his judgment, shall be necessary for the protection of the revenue.
Ibid. § 3. Service.
3. The secretary of the treasury may, at his discretion, dispose of any of the vessels now belonging to the revenue marine which, in his opinion, are unsuitable for service, Sale and substiand to substitute therefor such other vessels as the advanced naval architecture and the tution of vessels. increased wants of the service demand: Provided, That no expenditure shall be incurred beyond the specific appropriation therefor.
4. There may be appointed such number of additional engineers and assistant engineers, as may be required by the steamers now or hereafter in the service.
12 Stat. 286.
chase of vessels.
5. That the act of 3d March 1845,(b) entitled “An act relating to revenue cutters 3 August 1861 31 and steamers," be and the same is so far suspended, as to allow the secretary of the treasury to apply so much of the appropriation for the collection of the revenue, as he Charter and purmay deem expedient, to the charter or purchase of vessels for the revenue service: Provided, That no liability shall be incurred for the purposes herein named, which, together with the expenses of collecting the revenue, shall exceed the appropriation already made for the latter object.
6. The commissioned officers of the United States revenue cutter service shall be 4 Feb. 1865 ? 1. 12 Stat. 639. appointed by the president, by and with the advice and consent of the senate.
7. The grades of engineers shall be chief engineers, first and second engineers, with the pay and relative rank of first, second and third lieutenants respectively.
8. 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. (b) 1 vol. 815, pl. 11.
(a) Ante 812, pl. 1.
Ibid. § 2. Engineers. Ibid. 23. Wages.
4 Feb. 1863 4. Relative rank.
20 Dec. 1864 1. 13 Stat. 419.
28 Feb. 1867 @ 1. 14 Stat. 416.
Pay of officers.
9. The officers of the revenue cutter service, when serving in accordance with law, as part of the navy, shall be entitled to relative rank, as follows: captains, with and next after lieutenants-commanding in the navy; first lieutenants, with and next after lieutenants in the navy; second lieutenants, with and next after masters in line in the navy; third 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.
Ibid. 2. Pending causes.
10. The secretary of the treasury is authorized to construct, or purchase and alter, not exceeding six steam revenue cutters, for service on the lakes.
Ibid. ? 3. Return of pro
11. The compensation of the officers of the revenue cutter service shall be at the following rates, viz:
Duty Pay.-Captains, twenty-five hundred dollars per annum.
First lieutenants and chief engineers, eighteen hundred dollars per annum.
Second lieutenants and first assistant engineers, fifteen hundred dollars per annum. Third lieutenants and second assistant engineers, twelve hundred dollars per annum. Pay on leave of absence or while waiting orders.—Captains, eighteen hundred dollars per annum.
1. Terms of the circuit court. 2. Pending causes.
First lieutenants and chief engineers, fifteen hundred dollars per annum.
Second lieutenants and first assistant engineers, twelve hundred dollars per annum. Third lieutenants and second assistant engineers, nine hundred dollars per annum. 12. Each officer of the revenue cutter service, while on duty, shall be entitled to one navy ration per day.
I. CIRCUIT COURT.
14 Stat. 399.
22 Feb. 1867 1. 1. The circuit courts of the United States for the district of Rhode Island shall commence and be held, at the United States court-room in the city of Providence, on Terms of the cir- the fifteenth day of November, and on the fifteenth day of June, annually, instead of
the places heretofore established by law: Provided, That when either of the days last named shall fall on Sunday, the session of said court then next to be held shall commence on the Monday next following.
2. All indictments, informations, suits or actions, and proceedings of every kind, whether of a civil or criminal nature, pending in the said circuit court on the first day of July, Anno Domini 1867, shall thereafter have day in court, and be proceeded in, heard, tried and determined, on the days and at the place herein appointed for holding the said court, in the same manner and with the same effect, as if the said court had been holden on the days and at the places heretofore directed by law.
3. All writs, suits, actions or recognisances, or other proceedings, which are or shall be instituted, served, commenced, or taken to the said court to have been holden as heretofore directed by law, shall be returnable to, entered in, heard, tried, and have day in court, in said court, to be holden at the times and place by this act directed, in the same manner as might and ought to have been done had the said court been holden at the times and places heretofore directed by law.
I. EXECUTIVE DEPARTMENT.
1. Officers in the executive department.
2. Treasurer of the United States.
3. Return of process.
II. JUDICIAL DEPARTMENT.
6. District judges.
7. Retiring salaries.
III. GENERAL PROVISIONS.
8. Pro ratâ allowance for a less period than a year.
I. EXECUTIVE department.
23 July 1866 4. 1. The president is hereby authorized to appoint a private secretary, at an annual 14 Stat. 206. salary of three thousand five hundred dollars; an assistant secretary, at an annual
salary of twenty-five hundred dollars; a short-hand writer, at an annual salary of twenty- 23 July 1866. five hundred dollars; [a clerk of pardons, at an annual salary of two thousand dollars]; officers in the and three clerks of the fourth class; (a) and a steward of the president's household, who executive depart shall receive an annual salary of two thousand dollars. And said steward shall have the custody of the plate, furniture and other public property in the president's house, and shall give a bond to the United States, in such sum as the secretary of the interior shall deem sufficient, and to be approved by him, for the faithful discharge of his trust. 2. The annual salary of the treasurer of the United States shall be six thousand five hundred dollars.
Ibid. ? 2.
14 Stat. 26.
3. There shall be paid, annually, instead of the yearly salaries at present authorized, 7 April 1866 3 14. to the director of the mint at Philadelphia, four thousand five hundred dollars; to the treasurer, three thousand five hundred dollars, and one thousand five hundred dollars Officers of the for additional compensation as assistant treasurer of the United States; to the melter and refiner, three thousand dollars; to the assayer, three thousand dollars; to the assistant to the assayer, two thousand dollars; to the chief coiner, three thousand dollars; to the assistant to the chief coiner, two thousand dollars; to the engraver, three thousand dollars; to one clerk, two thousand five hundred dollars; to two clerks, two thousand dollars each; to four clerks, one thousand five hundred dollars each; to the treasurer of the branch mint at San Francisco, for salary as assistant treasurer of the United States, in addition to his salary as treasurer of said mint, one thousand five hundred dollars; to the assistant treasurer of the United States at New York, eight thousand dollars; to the assistant treasurer of the United States at Boston, five thousand dollars; to the assistant treasurer of the United States at Saint Louis, five thousand dollars.
14 Stat. 321.
4. Each watchman in the public buildings and grounds under the commissioner of 28 July 1866 2 5. public buildings, whose pay is less than one thousand dollars a year, shall, from the first day of July 1866, receive a compensation of nine hundred dollars per annum.
5. Each night watchman at the treasury department shall, from the first day of July 20 July 1868 5. 1868, receive a compensation of nine hundred dollars per annum.
15 Stat. 110.
II. JUDICIAL DEPARTMENT.
14 Stat. 470.
6. The salary of the district judge of the district of California shall be five thousand 2 March 1867 29. dollars; the salary of the district judge of the district of Louisiana shall be four thousand five hundred dollars; the salary of the district judge of the district of Mas- District judges. sachusetts, northern, southern and eastern districts of New York, eastern and western districts of Pennsylvania, the district of Maryland, northern district of Illinois, southern district of Ohio, and the district of New Jersey, shall be four thousand dollars each ; and the salaries of the district judges of every other district shall be three thousand five hundred dollars each. And said salaries shall be in full compensation for all official services performed by such judges, and shall take effect at the commencement of the next fiscal year, and no other allowance or payment shall be made to them for travel, expenses or otherwise.
16 Stat. 45.
7. Any judge of any court of the United States, who, having held his commission as 10 April 1869 8 5. such, at least ten years, shall, after having attained to the age of seventy years, resign his office, shall thereafter, during the residue of his natural life, receive the same salary Retiring salwhich was by law payable to him at the time of his resignation.
III. GENERAL PROVISIONS.
14 Stat. 186.
8. That the provisions of the first section of the act entitled "An act relative to col- 18 July 1866 8 34. lectors and other officers of customs," approved February 11, 1846, (b) shall, from and after the passage of this act, be applied and enforced in regard to all officers, agents Pro ratâ allowand employés of the United States whomsoever, as well those whose compensation is period than a determined by a commission on disbursements, not to exceed an annual maximum, as those paid by salary or otherwise.
ance for a less
(a) The act 20 July 1868, 1, repeals so much of this act as authorizes the appointment of a clerk of pardons, and one clerk of the fourth class. 15 Stat. 94.
(b) 1 vol. 329, pl. 57.
17 June 1858 1. 11 Stat. 313.
1. Act 3 March 1825 25 repealed.
2. Act 5 March 1856 repealed.
3. Names of vessels not to be changed.
4. How vessels to be measured and registered.
5. What to be expressed in register.
6. How register tonnage to be ascertained. Classes. Transverse area. Break or poop. Third deck. Open vessels. Form of register. Tonnage to be marked on main beam.
7. Charges for measurement.
8. Certain vessels excepted.
Act 3 March 1825 ¿ 5 repealed.
9. Cabins above deck not to be computed.
10. Sailing under a foreign flag, during the rebellion, to forfeit
11 Jan. 1859 1. 11 Stat. 375.
5 May 1864 21. 13 Stat. 64.
6 May 1864 1. 13 Stat. 69.
How vessels to be measured and registered.
Ibid. 2. What to be expressed in register.
3. No master, owner or agent of any vessel of the United States shall, in any way, change the name of such vessel, or by any device, advertisement or contrivance, deceive, Names of vessels or attempt to deceive, the public, or any officer or agent of the United States government,
not to be changed.
How length and breadth, height
and to ascertained.
Ships and Shipping.
11. Not to affect or limit the act of 1852.
12. Fraudulent registry, &c., to work a forfeiture.
13. Vessels to be renumbered. Omission to carry number to forfeit American character.
I. REGISTRY OF VESSELS.
Ibid. 3. How registered tonnage to be ascertained.
II. RECORDING OF CONVEYANCES, ETC.
15. Collection of hospital dues, on sale in foreign port.
I. REGISTRY OF VESSELS.
1. That the fifth section of "An act to authorize the register, or enrolment and license, to be issued in the name of the president or secretary of any incorporated company Owning a steamboat or vessel," approved March 3d 1825, (a) be and the same is hereby repealed.
2. That the act entitled "An act authorizing the secretary of the treasury to change the names of vessels in certain cases," approved 5th March 1856,(b) be and the same is hereby repealed.
or of any state, or any corporation or agent thereof, or any person or persons, as to the true name of such vessel, on pain of the forfeiture of such vessel.
4. Every ship or vessel built within the Uniled States, or that may be owned by a citizen or citizens thereof, on or after the first day of January 1865, shall be measured and registered in the manner hereinafter provided; also every ship or vessel that is now owned by a citizen or citizens of the United States shall be remeasured and reregistered upon her arrival, after said day, at a port of entry in the United States, and prior to her departure therefrom, in the same manner as hereinafter described: Pro-. vided, That any ship or vessel built within the United States after the passage of this act may be measured and registered in the manner herein provided.
5. The register of every vessel shall express her length and breadth, together with her depth and the height under the third or spar deck, which shall be ascertained in the following manner: The tonnage deck, in vessels having three or more decks to the hull, shall be the second deck from below; in all other cases the upper deck of the hull is to be the tonnage deck. The length from the forepart of the outer planking, on the side of the stem, to the afterpart of the main sternpost of screw steamers, and to the afterpart of the rudderpost of all other vessels, measured on the top of the tonnage deck, shall be accounted the vessel's length. The breadth of the broadest part on the outside of the vessel shall be accounted the vessel's breadth of beam. A measure from the under side of tonnage-deck plank, amidships, to the ceiling of the hold (average thickness) shall be accounted the depth of hold. If the vessel has a third deck, then the height from the top of the tonnage-deck plank to the under side of the upper-deck plank shall be accounted as the height under the spar deck. All measurement to be taken in feet and fractions of feet; and all fractions of feet shall be expressed in decimals.
6. The register tonnage of a vessel shall be her entire internal cubical capacity in tons of one hundred cubic feet each, to be ascertained as follows: Measure the length of the vessel in a straight line along the upper side of the tonnage deck, from the inside of the inner plank (average thickness) at the side of the stem, to the inside of the plank on the stern timbers (average thickness), deducting from this length what is due to the rake of the bow in the thickness of the deck, and what is due to the rake of the sterntimber in the thickness of the deck, and also what is due to the rake of the stern-timber in one-third of the round of the beam; divide the length so taken into the number of equal parts required by the following table, according to the class in such table to which the vessel belongs:
Class 1.--Vessels of which the tonnage length, according to the above measurement, is fifty feet or under, into six equal parts.
(a) 1 vol. 833, pl. 40; 848, pl. 7. The registry acts do not require a disclosure of the equitable title of the vessel registered or enrolled, unless that title be in the subject of a foreign state.
Scudder v. Calais Steamboat Co., 1 Cliff. 370; s. c. 2 Bl. 372. (b) 1 vol. 833, pl. 43.