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Suits for pecu

determined, and punished in either district, in the same manner as if it had been actually and wholly committed therein.

SEC. 732. All pecuniary penalties and forfeitures may be sued for and niary penalties recovered either in the district where they accrue or in the district where to be where the offender is found.

and forfeitures,

brought.

Suits for inter

nal revenue

SEC. 733. Taxes accruing under any law providing internal revenue taxes, where to may be sued for and recovered either in the district where the liability for such tax occurs or in the district where the delinquent resides.

be brought. Seizures, where

cognizable.

24 Sept., 1789, 20, s. 9, v. 1, p.76.

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SEC. 734. Proceedings on seizures, for forfeiture under any law of the United States, made on the high seas may be prosecuted in any district into which the property so seized is brought and proceedings instituted. Proceedings on such seizures made within any district shall be prosecuted in the district where the seizure is made, except in cases where it is otherwise provided.

Captures of inSEC. 735. Proceedings for the condemnation of any property captured surrectionary [as prize,]* whether on the high seas or elsewhere out of the limits of any property, where cognizable. judicial district, or within any district, on account of its being purchased or acquired, sold or given, with intent to use or employ the same, or to suffer it to be used or employed, in aiding, abetting, or promoting any insurrection against the Government of the United States, or knowingly so used or employed by the owner thereof, or with his consent, may be prosecuted in any district where the same may be seized, or into which it may be taken and proceedings first instituted.

Proceedings to SEC. 736. All proceedings by any national banking association to enenjoin Comptrol- join the Comptroller of the Currency, under the provisions of any law ler of the Cur- relating to national banking associations, shall be had in the district where such association is located.

rency.

served.

When a part of SEC. 737. When there are several defendants in any suit at law or in several defend- equity, and one or more of them are neither inhabitants of nor found ants cannot be within the district in which the suit is brought, and do not voluntarily appear, the court may entertain jurisdiction, and proceed to the trial and adjudication of the suit between the parties who are properly before it; but the judgment or decree rendered therein shall not conclude or prejudice other parties not regularly served with process nor voluntarily appearing to answer; and non-joinder of parties who are not inhabitants of nor found within the district, as aforesaid, shall not constitute matter of abatement or objection to the suit.

Suits in equity SEC. 738. When any defendant in a suit in equity to enforce any legal against absent or equitable lien or claim against real or personal property within the defend ants, to district where the suit is brought is not an inhabitant of nor found subject property in the district. within the said district, and does not voluntarily appear thereto, it shall be lawful for the court to make an order directing such absent defendant to appear, plead, answer, or demur to the complainant's bill at a certain day, therein to be designated; and the said order shall be served on such absent defendant, if practicable, wherever found, or, where such personal service is not practicable, shall be published in such manner as the court shall direct. If such absent defendant does not appear, plead, answer, or demur within the time so limited, or within some further time to be allowed by the court in its discretion, it shall be lawful for the court, upon proof of the service or publication of the said order, and of the performance of the directions contained therein, to entertain jurisdiction, and proceed to the hearing and adjudication of such suit, in the same manner as if such absent defendant had been served with process within the said district. But the said adjudication shall, as regards such absent defendant without appearance, affect his property within such district only.

Suits against

found.

SEC. 739. Except in the cases provided in the next three sections, no inhabitants of person shall be arrested in one district for trial in another, in any civil United States to action before a circuit or district court; and except in the said cases and be brought where they reside or are the cases provided by the preceding section, no civil suit shall be brought before either of said courts against an inhabitant of the United States, by any original process, in any other district than that of which he is an inhabitant or in which he is found at the time of serving the writ. Suits not of a SEC. 740. When a State contains more than one district, every suit not local nature in of a local nature, in the circuit or district courts thereof, against a single States containing defendant, inhabitant of such State, must be brought in the district several districts. where he resides; but if there are two or more defendants, residing in

* Words in brackets struck out by act of February 18, 1875.

different districts of the State, it may be brought in either district, and a duplicate writ may be issued against the defendants, directed to the marshal of any other district in which any defendant resides. The clerk issuing the duplicate writ shall indorse thereon that it is a true copy of a writ sued out of the court of the proper district; and such original and duplicate writs, when executed and returned into the office from which they issue, shall constitute and be proceeded on as one suit; and upon any judgment or decree rendered therein, execution may be issued, directed to the marshal of any district in the same State.

SEC. 741. In suits of a local nature, where the defendant resides in a Suits of a local different district, in the same State, from that in which the suit is brought, nature in States the plaintiff may have original and final process against him, directed containing sevto the marshal of the district in which he resides.

eral districts.

State.

SEC. 742. Any suit of a local nature, at law or in equity, where the When land lies land or other subject-matter of a fixed character lies partly in one dis- in different district and partly in another, within the same State, may be brought in tricts of same the circuit or district court of either district; and the court in which it is brought shall have jurisdiction to hear and decide it, and to cause mesne or final process to be issued and executed, as fully as if the said subject-matter were wholly within the district for which such court is constituted.

[Sections 743, 744, and 745 relate to actions and suits in Iowa, Indiana, and Kentucky.]

SEC. 746. When the trial or hearing of any cause, civil or criminal, in a circuit or district court, has been commenced and is in progress before a jury or the court, it shall not be stayed or discontinued by the arrival of the time fixed by law for another session of said court; and the court may proceed therein and bring it to a conclusion, in the same manner and with the same effect as if another stated term of the court had not intervened.

Causes in progress of trial not discontinued by arrival of new

term.

SEC. 747. In all the courts of the United States the parties may plead Parties may and manage their own causes personally, or by the assistance of such manage their counsel or attorneys at law as, by the rules of the said courts, respect-ly or by counsel. causes personalively, are permitted to manage and conduct causes therein.

neys, &c.

SEC. 748. No clerk, assistant or deputy clerk, of any territorial, dis- Certain officers trict, or circuit court, or of the Court of Claims, or the Supreme Court forbidden to of the United States, or marshal or deputy marshal of the United States practice as attorwithin the district for which he is appointed, shall act as a solicitor, proctor, attorney, or counsel in any cause depending in either of said courts, or in any district for which he is acting as such officer. SEC. 749. Whosoever violates the preceding section shall be stricken Penalty for vifrom the roll of attorneys by the court upon complaint, upon which the plating, preceding section. respondent shall have due notice, and be heard in his defense; and in the case of a marshal or deputy marshal so acting, he shall be recommended by the court for dismissal from office.

SEC. 750. In equity and admiralty causes, only the process, pleadings, Final record, and decree, and such orders and memorandums as may be necessary to how made in show the jurisdiction of the court and regularity of the proceedings, equity and admiralty causes. shall be entered upon the final record. [See § 698, page 148.]

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trict attorneys.

SEC. 771. It shall be the duty of every district attorney to prosecute, Title 13, Chap.14. in his district, all delinquents for crimes and offenses cognizable under Duties of disthe authority of the United States, and all civil actions in which the United States are concerned, and, unless otherwise instructed by the Secretary of the Treasury, to appear in behalf of the defendants in all suits or proceedings pending in his district against collectors, or other officers of the revenue, for any act done by them or for the recovery of any money exacted by or paid to such officers, and by them paid into the Treasury.

Statement

of

SEC. 772. Every district attorney shall, on instituting any suit for the recovery of any fine, penalty, or forfeiture, immediately transmit to the suits for fines. Solicitor of the Treasury a statement thereof.

penalties, and forfeitures.

Returns of district attorneys to Solicitor of the Treasury.

SEC. 773. Every district attorney shall, immediately after the end of every term of the circuit and district courts for his district, forward to the Solicitor of the Treasury, except in the cases provided for in the next section,* a full and particular statement, accompanied by the certificate of the clerks of said courts, respectively, of all causes pending in said courts, and of all causes decided therein during such term, in which the United States are a party. He shall also, on the first day of October in each year, make a return to said Solicitor of the number of suits and proceedings commenced, pending, and determined within his district during the fiscal year next preceding the date of such return, showing the date when such proceeding or suit in each case was commenced. If the determination thereof has been delayed or continued beyond the usual or reasonable period, the reasons must be set forth, and a statement must be made of the measures taken by the district attorney to press such proceedings or suits to a close.

LIFE-SAVING SERVICE.

Establishment of life-saving stations.

Employment of crews of surfinen.

Employment of volunteer crews.
Medals of honor for saving life.

June 20, 1874. CHAP. 344.-An act to provide for the establishment of life-saving stations and houses of refuge upon the sea and lake coasts of the United States, and to promote the efficiency of the life-saving service.

tions, &c.

Be it enacted by the Senate and House of Representatives of the United Establishment States of America in Congress assembled, That the Secretary of the Treasury of life-saving sta- is hereby authorized to establish life-saving stations, life-boat stations, and houses of refuge, for the better preservation of life and property from shipwreck, at or in the vicinity of the following-named points upon the sea and lake coasts of the United States, namely:

Employment of

men.

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*

SEC. 5. That the Secretary of the Treasury is hereby authorized to crews of surf-employ crews of experienced surfmen at such of the stations herein denominated complete stations, and at such of the life-boat stations on the Pacific coast as he may deem necessary and proper, for such periods and at such compensation, not to exceed forty dollars per month, as he may deem necessary and reasonable.

Volunteer

crews.

Medals of hon

or

SEC. 6. That the Secretary of the Treasury may accept the services of volunteer crews of any of the life-boat stations herein authorized, who shall be subject to the rules and regulations governing the life-saving service; and a list of the names of each crew shall be kept in the office of the Secretary of the Treasury. Such volunteers shall receive no compensation, except a sum of not more than ten dollars each for every occasion upon which they shall have been instrumental in saving human life, and such of the medals herein authorized as they may be entitled to under the provisions hereinafter made: Provided, That no payment shall be made to any person who shall not have actually participated in the efforts to save the life or lives rescued.

SEC. 7. That the Secretary of the Treasury is hereby directed to cause to be prepared medals of honor, with suitable devices, to be distinguished as life-saving medals of the first and second class, which shall be bestowed upon any persons who shall hereafter endanger their own lives in saving, or endeavoring to save lives from perils of the sea, within the United States, or upon any American vessel: Provided, That Of the first the medal of the first class shall be confined to cases of extreme and class;

Second class.

Proviso.

heroic daring; and that the medal of the second class shall be given in cases not sufficiently distinguished to deserve the medal of the first class: Provided, also, That no award of either medal shall be made to any person until sufficient evidence of his deserving shall have been filed with the Secretary of the Treasury and entered upon the records of the Department.

*

*

Approved June 20, 1874.

*

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* Relates to proceedings in suits under internal-revenue laws, when returns are to be made to the Commissioner.

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March 3, 1875.

League Island ·

Proviso.

&c., of Philadel

For the navy-yard at League Island: For the continuation of work and removal of property from the Philadelphia navy-yard, two hundred thousand dollars; which sum shall be available from and after the passage of this act: Provided, That the Secretary of the Navy, the Secretary of the Treasury, the Chief Engineer of the Army, and the chairman of the board of revision of taxes of the city and county of Philadelphia in the State of Pennsylvania, are hereby created a commission Commission to for the purpose of making sale and conveyance of all the lands, docks, sell lands, docks, wharves, real property and appurtenances, rights, interests, and privi- phia navy-yard. leges of the United States included within the limits of, and known as the navy-yard in, the city of Philadelphia, in the State of Pennsylvania; that for the purpose aforesaid, they shall, if they think best for the public interest, have the said property divided into lots or plots, and laid out into blocks and streets, conforming, as far as the interests of the Government will permit, to the blocks and streets of the said city in the vicinity of the said navy-yard; and they shall have the said property fairly appraised in such lots or portions as they think best, and shall Appraisal. have power to sell the same, or any portion thereof, at public auction, after thirty days notice in three daily papers of the largest circulation in the city of Philadelphia, at not less than the appraised value, to be paid for in cash within thirty days after making such sale, and, upon the receipt of such payment, to make good conveyance and title for the property sold and paid for to the purchasers or their assigns; that the money so received, less the necessary expenses of this commission, shall be paid into the Treasury of the United States, and an amount equal to the sum so paid in is hereby appropriated to be expended by the Navy Department in removing the movable property of the Philadelphia navy-yard to League Island, and in building the necessary docks, wharves, shops, and buildings at League Island, and preparing the same for carrying on the business and work of a navy-yard at that place: Provided, That not more than one-third of the appraised value of the said property hereby authorized to be sold shall be expended within the next fiscal year: And provided also, That the said commission shall make a definite and specific report of all their doings under this authority to Congress at its next regular session, and at each regular session thereafter while said sale shall remain uncompleted. Approved March 3, 1875.

Sec.

Proviso.

Proviso.

LIEUTENANT-COMMANDERS AND LIEUTENANTS.

See LINE OFFICERS.

LIGHTS AND BUOYS.

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Sec.

4665. Contracts for construction.
4666. Contracts for materials.

4667. Advertisement for proposals.

4670. Light-house districts.

4671. Light-house inspectors.

4678. Color of buoys prescribed.

4679. Restriction on compensation of officers, &c. 4680. Officers, &c., not to be interested in contracts. Jurisdiction over certain rivers.

SEC. 4653. The President shall appoint two officers of the Navy, of Title 55. high rank, two officers of the Corps of Engineers of the Army, and two Organization of civilians of high scientific attainments, whose services may be at the the Light-House disposal of the President, together with an officer of the Navy and an Board. officer of engineers of the Ariny, as secretaries, who shall constitute the Light-House Board.

SEC. 4654. The Secretary of the Treasury shall be ex-officio president of the Light-House Board.

President of

the board.

SEC. 4655. The Light-House Board shall elect, by ballot, one of their Chairman. number as chairman of the board, who shall preside at their meetings, when the president is absent, and shall perform such acis as may be prescribed by the rules of the board.

Ibid.

General powers and duties of board.

Purchase of

houses.

SEC. 4658. The Light-House Board shall be attached to the office of the Secretary of the Treasury, and under his superintendence shall discharge all administrative duties relating to the construction, illumination, inspection, and superintendence of light-houses, light-vessels, beacons, buoys, sea-marks, and their appendages, and embracing the security of foundations of works already existing, procuring illuminating and other apparatus, supplies, and materials of all kinds for building, and for rebuilding when necessary, and keeping in good repair the lighthouses, light-vessels, beacons, and buoys of the United States; and shall have the charge and custody of all the archives, books, documents, drawings, models, returns, apparatus, and other things appertaining to the Light-House Establishment.

SEC. 4660. The Light-House Board is authorized, whenever an approsites for light-priation has been or may be made by Congress for a new light-house, the proper site for which does not belong to the United States, to purchase the necessary land, provided the purchase-money be paid from the amount appropriated for such light-house.

Cession of juris

SEC. 4661. No light-house, beacon, public piers, or landmark, shall be diction requisite. built or erected on any site until cession of jurisdiction over the same has been made to the United States. [See § 1838, NAVY-YARDS.]

What cession is sufficient.

Preliminary

surveys.

Superintendents of construction, &c., of lighthouses.

Contracts must

on a vote of the board.

SEC. 4662. A cession by a State of jurisdiction over a place selected as the site of a light-house, or other structure or work of the Light-House Establishment, shall be deemed sufficient within the preceding section, notwithstanding it contains a reservation that process issued under authority of such State may continue to be served within such place. And notwithstanding any such cession of jurisdiction contains no such reservation, all process may be served and executed within the place ceded, in the same manner as if no cession had been made.

SEC. 4663. Whenever preliminary surveys are required to ascertain the necessity for any light-house, light-ship, beacon, or other warning to vessels, the erection of which is or may be authorized by law, or to determine the proper site for the same, or to ascertain more fully what the public exigency requires, the Secretary of the Treasury may cause the necessary examinations and surveys on the sea-board to be made under the direction of the Superintendent of the Coast Survey, and those on the northwestern lakes to be made under the direction of the Corps of Engineers. In all cases in which adverse reports are made, they shall be submitted to Congress at its next session. In all cases in which the objects authorized are favorably reported upon, the works may be commenced immediately after valid titles and cessions of jurisdiction shall have been obtained to the sites.

SEC. 4664. The President shall cause to be detailed from the Engineer Corps of the Army, from time to time, such officers as may be necessary to superintend the construction and renovation of light-houses. SEC. 4665. The Light-House Board shall cause to be prepared by the be founded on engineer secretary of the board, or by such officer of engineers of the official plans and Army as may be detailed for that service, all plans, drawings, specifications, and estimates of cost, of all illuminating and other apparatus, and of construction and repair of towers, buildings, &c., connected with the Light-House Establishment, and no bid or contract shall be accepted or entered into, except upon the decision of the board, at a regular or special meeting, and through their properly authorized officers. Regulation of SEC. 4666. All materials for the construction and repair of light-houses, contracts for ma- light-vessels, beacons, buoys, and so forth, shall be procured by public terials, &c. contracts, under such regulations as the board may from time to time adopt, subject to the approval of the Secretary of the Treasury, and all works of construction, renovation, and repair shall be made by the orders of the board, under the immediate superintendence of their engineer secretary, or of such engineer of the Army as may be detailed for that service.

Contracts for erection must be

SEC. 4667. No contract for the erection of any light-house shall be upon advertise made except after public advertisement for proposals in such form and ment for propo- manner as to secure general notice thereof, and the same shall only be sals. made with the lowest bidder therefor, upon security deemed sufficient in the judgment of the Secretary of the Treasury.

Light-house

districts.

Light-house inspectors.

SEC. 4670. The Light-House Board shall arrange the Atlantic, Gulf, Pacific, and Lake coasts of the United States, into light-house districts, not exceeding twelve in number.

SEC. 4671. An officer of the Army or Navy shall be assigned to each district as a light-house inspector, subject to the orders of the Light

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