CHAPTER 69.

AN ACT TO PERFECT THE REVISION OF THE STATUTES OF THE UNITED STATES, (1) AND
OF THE STATUTES RELATING TO THE DISTRICT OF COLUMBIA.

Feb. 27, 1877.

19 Stat. L., 240.

NOTE.—(1) The amendments, paragraphs 1-184, are incorporated in the second edition of the Revised
Statutes. See Wright's case, 15 C. Cls., 80.

SECTION 1.

Par. 94. R. S., § 3002. Goods at Brownsville for
export to Mexico.

95. R. S., 3003. Verbal error corrected.
96. R. S., 3005. Goods at Brownsville for
export to Mexico.

97. R. S., § 3009. Duties may be paid in coin
certificates.

98. R. S., § 3011. Duties not to be recovered back without protest and appeal.

99. R. S., § 3083. Verbal error corrected. 100. R. S., 3090. Same.

101. R. S., 3100. Inspection of baggage and
articles of passengers, &c.

102. R. S., 3105. Verbal error corrected.
103. R. S., 3120. Regulations of coasting
trade on Lake Michigan.

104. R. S., § 3140. In internal-revenue laws,
"person" includes partnerships, com-
panies, &c.

105. R. S., § 3141. Verbal error corrected. 106-116. Same.

117. R. S., § 3433. Spirits for use in manufact-
ure of medicine in bonded warehouses
for exportation not to be removed, &c.
118. R. S., 3456. Verbal error corrected.
119. R. S., 3473. Duties may be paid in coin
certificates.

120-122. Verbal errors corrected.

123. R. S., § 3618. Proceeds of sale of supplies to officers, &c., of Army not to be cov ered into Treasury.

124. R. S., § 3620. Disbursing officers to pay
only by check drawn in favor of cred
itors.

125. R. S., § 3622. Verbal error corrected.
126. R. S., 3625. Commissioner of Customs
to certify accounts of delinquent offì-
cers to Solicitor of Treasury.

127. R. S., § 3663. Verbal error corrected.
128. R. S., § 3672. Statement of sale of old
materials not to include supplies sold
officers, &c.

129. R. S., § 3689. Error of reference correct-
ed.

130. R. S., § 3692. Proceeds of sale of stores to Army officers, &c.; how disposed of. 131. R. S., 3714. Contractors for military or naval supplies to render accounts. 132-134. Verbal errors corrected.

135. R. S., § 3743. Certain contracts to be de-
posited with Commissioner of Customs.
136. R. S., § 3772. Verbal error corrected.
137. R. S., 3802. Same.

138. R. S., 3915. Special postal stamps or en-
velopes for departments.

139. R. S., 4203. Verbal error corrected.
140. R. S., 4219. Tonnage duties; rates of.
- additional tax on vessels from foreign
ports.

-rights under treaties not impaired.

Be it enacted, &c.

SECTION 1.

- additional tax on vessels when any offi-
cer is an alien.

Par. 141. R. S., § 4264. Space required on vessels
for steerage passengers on steam ves-
sels; provisions concerning.

142-146. Verbal errors corrected.

147. R. S., § 4320. License of vessels for coast-
ing trade or fisheries not subject to six
cents per ton duty.

148. R. S., § 4347. Verbal error corrected.
149. R. S., § 4381. Same.

Fees collected of masters of vessels; how
disposed of to surveyors, collectors,
and naval officers.

150-161. Verbal errors corrected.

162. R. S., § 4575 Copy of shipping articles
to be obtained of collectors.
163. R. S., § 4605. Verbal error corrected.
164. R. S., 4620. Special counsel in prize
cases; repeal.

165, 166. Verbal errors corrected.

167. R. S., § 4770. Repeal of provisions as to
duplicates of lost checks.

168. R. S., § 4787. Artificial limbs to be sup-
plied to what officers, &c.

169. R. S., § 4790.- commutation for.
170. R. S., 4791. transportation to obtain.
171-174. R. S., §§ 5020, 5174, 5211, 5225. Verbal er-
rors corrected.

175. R. S., § 5269. Penalty for refusing to
transmit certain public dispatches by
telegraph companies; how recovered.
176-180. R. S., §§ 5291, 5202, 5293, 5309, 5413. Ver-
bal errors corrected.

181. R. S., § 5455. Enticing desertions from
military or naval service.

182-184. R. S., §§ 5470, 5479, 5579. Verbal errors
corrected.

Amendments to

[SECTION 1], That for the purpose of correcting errorors and supplying omissions in the act entitled "An act to revise and consolidate Revised Statutes. the Statutes of the United States in force on the first day of December, anno Domini one thousand eight hundred and seventy-three," so as to make the same truly express such laws, the following amendments are hereby made therein:(1)

[Par. 1.] Section one hundred and ninety-seven is amended by inserting at the end of the section the words "except supplies of stationery and fuel in the public offices and books, pamphlets, and papers in the Library of Congress."

[Par. 2.] Section two hundred and fifteen is amended by adding at the end of the section the following:

There shall be in the said Department an inferior officer, to be appointed by the said principal officer to be employed therein as he shall deem proper, and to be called the chief clerk in the Department of War, and who, whenever the said principal officer shall be removed from office by the President of the United States, or in any other case of vacancy, shall during such vacancy, have the charge and custody of all records, books, and papers, appertaining to the said Department."

NOTES. (1) These amendments and corrections are incorporated into the second edition of the Revised Statutes in their proper places. See Wright's case, 15 C. Cls., 80.

Inventories of

supplies in depart-
clude stationery,
&c., for Congres-
sional Library.
R. S., § 197.
Chief clerk of
War Department;
his appointment

ments not to in

and duties.

R. S., § 215.

1874, March 4, ch.44.

1874, June 20, ch. 328, § 1, par. 14.

In settling ac- [Par. 3.] Section two hundred and twenty-five is amended by adding counts of com- at the end of the section the following:

manding officers of

companies, affida

&c.

R. S., § 225.

In settling the accounts of the commanding officer of a company for vit by officers of clothing and other military supplies, the affidavit of any such officer loss to be received, may be received to show the loss of vouchers or company books, or any matter, or circumstance tending to prove that any apparent deficiency was occasioned by unavoidable accident or lost in actual service, without any fault on his part, or that the whole or any part of such clothing and supplies had been properly and legally used and appropriated; and such affidavit may be considered as evidence to establish the facts set forth, with or without other evidence, as may seem to the Secretary of War just and proper under the circumstances of the case." [Par. 4.] Section two hundred and fifty two is struck out.

Repeal of.
R. S., § 252.
Reports of sta-

tistics.

R. S., § 259.

Duties of Com

missioner of Cus

toms.

R. S., § 317.

Bureau of Statistics.

R. S., § 335.
Verbal error.
R. S., § 354.

R. S., § 637.

R. S., § 702.

R. S., § 838.

On letters rogatory from foreign courts witnesses may be compelled to appear, &c.

R. S., § 875,

4071.

Verbal error.
R. S., § 1094.

R. S., § 1097.
Surgeons to cav-
alry regiments.
R. S., § 1102.

Ordnance ser

geants.

R. S., § 1110.
Felors not to be

enlisted in Army.
R. S., § 1118.

Chaplains.

R. S., § 1126.

Inspectors-gen

eral.

[Par. 5.] Section two hundred and fifty-nine is amended by striking out, in the fourth line, the word "agriculture."

[Par. 6.] Section three hundred and seventeen is amended by adding thereto the following:

"And shall perform all the acts and exercise all the powers, relating to the receipts from customs and the accounts of collectors and the other officers of the customs or connected therewith, devolved by section two hundred and sixty-nine upon the First Comptroller in regard to other receipts and other accounts."

[Par. 7.] Section three hundred and thirty-five is amended by striking out, in the fourth line the word "agriculture."

[Par. 8.] Section three hundred and fifty-four is amended by inserting after the word "questions" in the second line, the word "of.”

[Par. 9. Section six hundred and thirty-seven is amended by inserting after the word "circuit" in the ninth line, the word "court". [Par. 10.] Section seven hundred and two is amended by inserting, after the word "cause" in the eleventh line, the word "when".

[Par. 11.] Section eight hundred and thirty-eight is amended by inserting after the word "be" in the first line, the word "the".

[Par. 12.] Section eight hundred and seventy-five is amended by adding at the end of the section the following: (2)

"When letters rogatory are addressed from any court of a foreign country to any circuit court of the United States, a commissioner of such circuit court designated by said court to make the examination of the witnesses mentioned in said letters, shall have power to compel the witnesses to appear and depose in the same manner as witnesses may be compelled to appear and testify in courts."

[Par. 13.] Section one thousand and ninety-four is amended by striking out the word "post", in the twenty fifth line, before the words "ordnance sergeant".

[Par. 14.] Section one thousand and ninety-seven is amended by inserting, in the second line, after the word "who", the word “shall”. [Par. 15.] Section eleven hundred and two is amended by striking out, after the word "majors", in the second line, the words "one surgeon, one assistant surgeon"; and in the seventh line after the word "the", insert the words "seventh, eighth".

[Par. 16.] Section eleven hundred and ten is amended by striking out the word "post" before the words "ordnance sergeants" in the first line. [Par. 17.] Section eleven hundred and eighteen is amended by striking out the words "any criminal offence" in the third line, and inserting the words "a felony".

[Par. 18.] Section eleven hundred and twenty-six is amended by inserting a comma after the word "post", in the first line.

[Par. 19.] Section eleven hundred and thirty-one is amended by inserting, after the word "cavalry" in the second line, the words "provided 16 Opin. Att'y- no promotion shall be made until the number of inspectors-general is

NOTE. (2) The amendment here added to § 875 has no connection with the subject matter of that section, but is supplementary to the provisions of § 4071.

[Par. 20.] Section eleven hundred and thirty two is amended by adding at the end of the section the following:

"All appointments in the Quartermaster's Department shall be made from the Army.

Appointments in
Quarter master's

from Army.
R. S, § 1132.
In absence of

in War Depart-
ment who to act.
R. S., § 178.

During the absence of the Quartermaster-General, or the chief of any military bureau of the War Department, the President is authorized to chiefs of bureaus empower some officer of the department or corps whose chief is absent to take charge thereof, and to perform the duties of Quartermaster-General, or chief of the department or corps, as the case may be, during such absence."

In purchase of property for public buildings, &c., ti

R. S., § 355, 1136.

&c.

[Par. 21.] Section eleven hundred and thirty-six is amended by adding at the end of the section the following: "It shall be the duty of all officers of the United States having any tle deeds to be furof the title-papers (property purchased, or about to be purchased, for nished Attorneyerection of public buildings) in their possession, to furnish them forth- General and his with to the Attorney-General. No public money shall be expended until opinion had. the written opinion of the Attorney-General shall be had." [Par. 22.] Section eleven hundred and thirty-seven is amended by Forage and waginserting, in the third line, after the word "service" the following: on masters' pay, "who shall be entitled to receive each forty dollars per month and three rations per day, and forage for one horse". [Par. 23.] Section eleven hundred and thirty-nine is amended by adding at the end of the section the following: "And he shall account to the Secretary of War at least once in three months for all property and money that may pass through his hands, or the hands of his subordinate officers." R. S., § 1139. [Par. 24.] Section eleven hundred and sixty two is amended by striking out all after the word "many" in the first line and inserting the following: "sergeants of ordnance, corporals of ordnance, and first and second class privates of ordnance, as the Secretary of War may direct." [Par. 25.] Section eleven hundred and sixty three is amended by striking out, in the third line, the words "privates of first class", and inserting the words "ordnance enlisted men", in lieu thereof.

[Par. 26.] Section eleven hundred and sixty seven is amended by inserting at the end thereof the following words:

R. S., § 1137. QuartermasterGeneral to render

accounts quarterly.

Chief of Ord

nance may enlist

what men.

R. S., § 1162.

to detail enlisted men to corps, &c. R. S., § 1163.

Officers of Ordnance Department and those intrust

ed with stores, &c., to make returns to Chief of Ordnance.

R. S., § 1167.

"Every officer of the Ordnance Department, every ordnance-store keeper, every post ordnance sergeant, each keeper of magazines, arsenals, and armories, every assistant and deputy of such, and all other officers, agents, or persons who shall have received or may be entrusted with any stores or supplies, shall quarterly, or oftener if so directed, and in such manner and on such forms as may be directed or prescribed by the Chief of Ordnance, make true and correct returns to the Chief of Ordnance of all ordnance-arms, ordnance-stores, and all other supplies and property of every kind, received by or intrusted to them and each of them, or which may in any manner come into their and each of their possession or charge. "The Chief of ordnance, subject to the approval of the Secretary of Chief of OrdWar, is hereby authorized and directed to draw up and enforce in his nance to make department a system of rules and regulations for the government of the rules, &c.

Ordnance Department, and of all persons in said department, and for

the safe keeping and preservation of all ordnance property of every kind, and to direct and prescribe the time, number, and forms of all returns and reports, and to enforce compliance therewith."

[Par. 27.] Section eleven hundred and seventy-four is amended by inserting, after the word "line" in the second line, the words "under such rules and regulations as shall be prescribed by the Secretary of War". [Par. 28.] Section eleven hundred and ninety-one is amended by adding at the end of the section the following:

"But the Quartermaster General shall not be liable for any money or property that may come into the hands of the subordinate officers of his department."

[Par. 29.] Section twelve hundred and seven is amended by inserting after the word "engineers" in the first line, the words "or Ordnance Corps".

NOTE.-See note on page 265.

Supervision of cooking in Army.

R. S., § 1171.

QuartermasterGeneral not liable of subordinates. for money in hands

R. S., § 1191.

Promotion of

lieutenants of Eugineer Corps.

R. S., § 1207.

Clothing issued

[Par. 30.] Section twelve hundred and twenty is amended by adding

to regiments may at the end of the section the following:
be altered to fit;
expenses how paid.
R. S., § 1220.

Returns of cloth

ing and camp
equipage.
R. S., § 1221.

Officers of Army not to engage in civil service, &c., interfering with military duty.

2062.

"It shall be lawful for the commanding officer of each regiment, whenever it may be necessary, to cause the coats, vests, and overalls or breeches which may from time to time be issued to and for his regiment to be altered and new-made, so as to better to fit them to the persons respectively for whose use they shall be delivered; and for defraying the expense of such alterations, to cause to be deducted and applied out of the pay of such persons a sum or sums not exceeding twenty five cents for each coat, eight cents for each vest and for each pair of overalls or breeches."

[Par. 31.] Section twelve hundred and twenty-one is amended by adding at the end of the section the following:

"Said returns and vouchers, after due examination by the Quartermaster General shall be transmitted for settlement to the proper accounting officer of the Treasury Department."

[Par. 32.] Section twelve hundred and twenty-four is amended by striking out the same and inserting in lieu thereof the following:

"No officer of the Army shall be employed on civil works or internal improvements, or be allowed to engage in the service of any incorpoR. S., §§ 1224, rated company, or be employed as acting paymaster or disbursing-agent of the Indian Department, if such extra employment requires that he 1875, March 3, shall be separated from his company, regiment, or corps, or if it shall 15 Opin. Att'y- otherwise interfere with the performance of the military duties proper." Gen., 405. 16 Opin. Att'y-Gen., 499.

ch. 178, § 2.

Retired officers

to receive no extra pay when assigned to Soldiers' Home. R. S., § 1259. -nor when detailed to serve as college professors. R. S., § 1260.

Commutation of

forage.

R. S., § 1270. 1878, June 18, ch.

263, § 8.

1881, Feb. 24, ch. 79, § 1, pars. 1, 3.

Mounted officers

to receive pay of cavalry officers.

R. Š., §§ 1261, 1279.

Pay of artificers and wagoners. R. S., § 1279.

- of principal assistant in Ordnance Bureau.

Pay of enlisted

men.

[Par. 33.] Section twelve hundred and fifty nine is amended by adding at the end of the section the following:

"Provided, That they receive from the Government only the pay and emoluments allowed by law to retired officers."

[Par. 34.] Section twelve hundred and sixty is amended by adding at the end of the section the following:

"But while so serving, such officer shall be allowed no additional compensation."

[Par. 35.] Section twelve hundred and seventy is amended by adding at the end of the section the following:

Provided, however, That when forage in kind cannot be furnished by the proper departments, then and in all such cases, officers entitled to forage may commute the same according to existing regulations:

Provided further, That officers of the Army and of Volunteers assigned to duty which requires them to be mounted shall, during the time they are employed on such duty receive the pay, emoluments, and allowances of cavalry officers of the same grade respectively."

[Par. 36.] Section twelve hundred and seventy nine is amended by adding at the end thereof the following words: "Artificer of artillery and infantry, fifteen dollars per month; wagoner of cavalry, artillery, and infantry, fourteen dollars per month.

The principal assistant in the Ordnance Bureau shall receive a compensation, including pay and emoluments, not exceeding that of a major of ordnance."

[Par. 37.] Section twelve hundred and eighty is amended by striking out in the third line the word "conditions" and inserting the word "additions" R. S., § 1280. Travel pay of [Par. 38.] Section twelve hundred and eighty-nine is amended by strikdischarged officers. ing out in the first line, after the word "is" the word "honorably" and R. S., § 1289. insert after the word "service" the words "except by way of punishment for an offense".

- of discharged soldiers.

R. S., § 1290.

Pay of instructor

of engineering.

[Par. 39.] Section twelve hundred and ninety is amended by striking out in the first line, after the word "is" the word "honorably" and insert after the word "service" the words "except by way of punishment for an offense".

[Par. 40.] Section thirteen hundred and thirty-seven is amended by striking out, in the second line after the word "tactics" the words "and R. S., § 1356, the instructor of practical military engineering"

1337.