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ant treasurers,

warrant, so signed, no acknowledgment for money received into the public Treasury shall be valid. He shall render his accounts to the First Comptroller quarterly, or oftener if required, and shall transmit a copy thereof, when settled, to the Secretary of the Treasury. He shall at all times submit to the Secretary of the Treasury and the First Comptroller, or either of them, the inspection of the moneys in his hands. Reports of SEC. 310. The Treasurer, each assistant treasurer, and each desigTreasurer, assist-nated depositary of the United States, and the cashier of each of the &c., and disburs- national banks designated as such depositaries, shall, at the close of ing officers. business on every thirtieth day of June, report to the Secretary of the Treasury the condition of every account standing, as in the preceding section specified, on the books of their respective offices, stating the name of each depositor, with his official designation, the total amount remaining on deposit to his credit, and the dates, respectively, of the last credit and the last debit made to each account. And each disbursing officer shall make a like return of all checks issued by him, and which may then have been outstanding and unpaid for three years and more, stating fully in such report the name of the payee, for what purpose each check was given, the office on which drawn, the number of the voucher received therefor, the date, number, and amount for which it was drawn, and, when known, the residence of the payee.

Title 40.

SEC. 3591. The rooms provided in the Treasury building at the seat of Government for the use of the Treasurer of the United States, his The Treasury of the United assistants, and clerks, and occupied by them, and the fire-proof vaults and safes erected therein for the keeping of the public moneys in the possession and under the immediate control of the Treasurer, and such other apartments as are provided as places of deposit of the public money, shall be the Treasury of the United States.

States.

Certain mints SEC. 3592. The mints at Carson City, and at Denver, and the assayand assay-offices office at Boisé City, shall be places of deposit for such public moneys as to be deposito- the Secretary of the Treasury may direct.

ries.

Public moneys

SEC. 3593. All public moneys paid into any depository shall be subject subject to draft to the draft of the Treasurer of the United States, drawn agreeably to of the Treasurer. appropriations made by law.

Appointment, SEC. 3595. There shall be assistant treasurers of the United States, &c., of assistant appointed from time to time by the President, by and with the advice treasurers. and consent of the Senate, to serve for the term of four years, as follows: One at Boston.

Title 62, Chap. I.
Duties and lia

One at New York.
One at Philadelphia.

One at Baltimore.

One at Charleston.

One at New Orleans.

One at Saint Louis.

One at San Francisco.
One at Cincinnati.

One at Chicago.

SEC. 5153. All national banking associations, designated for that purpose by the Secretary of the Treasury, shall be depositaries of public bilities when des money, except receipts from customs, under such regulations as may be ignated as depos-prescribed by the Secretary; and they may also be employed as financial itaries of public agents of the Government; and they shall perform all such reasonable

moneys.

duties, as depositaries of public moneys and financial agents of the Government, as may be required of them. The Secretary of the Treasury shall require the associations thus designated to give satisfactory security, by the deposit of United States bonds and otherwise, for the safekeeping and prompt payment of the public money deposited with them, and for the faithful performance of their duties as financial agents of the Government. And every association so designated as receiver or depositary of the public money shall take and receive at par all of the national currency bills, by whatever association issued, which have been paid into the Government for internal revenue, or for loans or stocks. [See § 5489, EMBEZZLEMENT.]

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Title 4.

SEC. 177. In case of the death, resignation, absence, or sickness of the head of any Department, the first or sole assistant thereof shall, unless Vacancies, how otherwise directed by the President, as provided by section one hundred temporarily filland seventy-nine, perform the duties of such head until a successor is ed. appointed, or such absence or sickness shall cease.

fices.

SEC. 178. In case of the death, resignation, absence, or sickness of the Vacancies in chief of any Bureau, or of any officer thereof, whose appointment is not subordinate ofvested in the head of the Department, the assistant or deputy of such chief or of such officer, or if there be none, then the chief clerk of such Bureau, shall, unless otherwise directed by the President, as provided by section one hundred and seventy-nine, perform the duties of such chief or of such officer until a successor is appointed or such absence or sickness shall cease.

President.

SEC. 179. In any of the cases mentioned in the two preceding sections, Discretionary except the death, resignation, absence, or sickness of the Attorney-Gen- authority of the eral, the President may, in his discretion, authorize and direct the head of any other Department or any other officer in either Department whose appointment is vested in the President, by and with the advice and consent of the Senate, to perform the duties of the vacant office until a successor is appointed, or the sickness or absence of the incumbent shall cease.

SEC. 180. A vacancy occasioned by death or resignation must not be temporarily filled under the three preceding sections for a longer period than ten days.

SEC. 181. No temporary appointment, designation, or assignment of one officer to perform the duties of another, in the cases covered by sections one hundred and seventy-seven and one hundred and seventyeight, shall be made otherwise than as provided by those sections, except to fill a vacancy happening during a recess of the Senate.

Temporary ap pointments lim. ited to ten days.

Restriction on temporary ap pointments.

ed.

Extra compen

SEC. 182. An officer performing the duties of another office, during a vacancy, as authorized by sections one hundred and seventy-seven, one sation disallowhundred and seventy-eight, and one hundred and seventy-nine, is not by reason thereof entitled to any other compensation than that attached to his proper office.

Title 19.

SEC. 1760. No money shall be paid from the Treasury to any person acting or assuming to act as an officer, civil, military, or naval, as sal- Un authorized ary, in any office when the office is not authorized by some previously office, no salary existing law, unless such office is subsequently sanctioned by law.

for.

SEC. 1761. No money shall be paid from the Treasury, as salary, to No salaries to any person appointed during the recess of the Senate, to fill a vacancy ees to fill vacan certain appointin any existing office, if the vacancy existed while the Senate was in cies during recess session and was by law required to be filled by and with the advice and of Senate. consent of the Senate, until such appointee has been confirmed by the Senate.

Salaries to officers improperly

SEC. 1762. No money shall be paid or received from the Treasury, or paid or received from or retained out of any public moneys or funds of holding over. the United States, whether in the Treasury or not, to or by or for the benefit of any person appointed to or authorized to act in or holding or exercising the duties or functions of any office contrary to sections seventeen hundred and sixty-seven to seventeen hundred and seventy, inclusive; nor shall any claim, account, voucher, order, certificate, warrant, or other instrument providing for or relating to such payment, receipt, or retention, be presented, passed, allowed, approved, certified, or paid by any officer, or by any person exercising the functions or performing the duties of any office or place of trust under the United States, for or

Tenure of office.

Suspension and filling vacancies.

Filling vacan

in respect to such office, or the exercising or performing the functions or duties thereof. Every person who violates any of the provisions of this section shall be deemed guilty of a high misdemeanor, and shall be imprisoned not more than ten years, or fined not more than ten thousand dollars, or both.

SEC. 1767. Every person holding any civil office to which he has been or hereafter may be appointed by and with the advice and consent of the Senate, and who shall have become duly qualified to act therein, shall be entitled to hold such office during the term for which he was appointed, unless sooner removed by and with the advice and consent of the Senate, or by the appointment, with the like advice and consent, of a successor in his place, except as herein otherwise provided.*

SEC. 1768. During any recess of the Senate the President is authorized, in his discretion, to suspend any civil officer appointed by and with the advice and consent of the Senate, except judges of the courts of the United States, until the end of the next session of the Senate, and to designate some suitable person, subject to be removed, in his discretion, by the designation of another, to perform the duties of such suspended officer in the mean time; and the person so designated shall take the oath and give the bond required by law to be taken and given by the suspended officer, and shall, during the time he performs the duties of such officer, be entitled to the salary and emoluments of the office, no part of which shall belong to the officer suspended. The President shall, within thirty days after the commencement of each session of the Senate, except for any office which in his opinion ought not to be filled, nominate persons to fill all vacancies in office which existed at the meeting of the Senate, whether temporarily filled or not, and also in the place of all officers suspended; and if the Senate during such session shall refuse to advise and consent to an appointment in the place of any suspended officer, then, and not otherwise, the President shall nominate another person as soon as practicable to the same session of the Senate for the office.

SEC. 1769. The President is authorized to fill all vacancies which may cies temporarily happen during the recess of the Senate by reason of death or resignation or expiration of term of office, by granting commissions which shall expire at the end of their next session thereafter. And if no appointment, by and with the advice and consent of the Senate, is made to an office so vacant or temporarily filled during such next session of the Senate, the office shall remain in abeyance, without any salary, fees, or emoluments attached thereto, until it is filled by appointment thereto by and with the advice and consent of the Senate; and during such time all the powers and duties belonging to such office shall be exercised by such other officer as may by law exercise such powers and duties in case of a vacancy in such office.

ed.

Term of office

SEC. 1770. Nothing in sections seventeen hundred and sixty-seven, not to be extend- seventeen hundred and sixty-eight, or seventeen hundred and sixtynine shall be construed to extend the term of any office the duration of which is limited by law.

Accepting or exercising office contrary to law.

SEC. 1771. Every person who, contrary to the four preceding sections, accepts any appointment to or employment in any office, or holds or exercises, or attempts to hold or exercise, any such office or employment, shall be deemed guilty of a high misdemeanor, and shall be imprisoned not more than five years, or fined not more than ten thousand dollars, or both.

Removing, apSEC. 1772. Every removal, appointment, or employment, made, had, pointing, or commissioning officer or exercised, contrary to sections seventeen hundred and sixty-seven, contrary to law. to seventeen hundred and seventy, inclusive, and the making, signing, sealing, countersigning, or issuing of any commission or letter of authority for or in respect to any such appointment or employment, shall be deemed a high misdemeanor, and every person guilty thereof shall be imprisoned not more than five years, or fined not more than ten thousand dollars, or both.

Commissions.

SEC. 1773. The President is authorized to make out and deliver, after the adjournment of the Senate, commissions for all officers whose appointments have been advised and consented to by the Senate. SEC. 1774. Whenever the President, without the advice and consent appointments to of the Senate, designates, authorizes, or employs any person to perform Secretary of the duties of any office, he shall forthwith notify the Secretary of the

Notification of

Treasury.

* See sec. 5597, under head of REVISED STATUTES REPEAL PROVISIONS.

Treasury thereof, and the Secretary of the Treasury shall thereupon communicate such notice to all the proper accounting and disbursing officers of his Department.

SEC. 1775. The Secretary of the Senate shall, at the close of each Notification of session thereof, deliver to the Secretary of the Treasury, and to each of nominations, rethe Assistant Secretaries of the Treasury, and to each of the Auditors, jections, &c., to Secretary of and to each of the Comptrollers in the Treasury, and to the Treasurer, Treasury. and to the Register of the Treasury, a full and complete list, duly certified, of all the persons who have been nominated to and rejected by the Senate during such session, and a like list of all the offices to which nominations have been made and not confirmed and filled at such session.

Removal of of

fice.

SEC. 1776. Whenever any public office is removed by reason of sickness which may prevail in the town or city where it is located, a particular account of the cost of such removal shall be laid before Congress. [See §§ 4797-4799, QUARANTINE.] SEC. 1786. Whenever any person holds office, except as a member of Proceedings against persons Congress or of some State legislature, contrary to the provisions of the illegally holding third section of the fourteenth article of amendment of the Constitution, office. the district attorney for the district in which such person holds office shall proceed against him by writ of quo warranto, returnable to the circuit or district court of the United States in such district, and prosecute the same to the removal of such person from office.

office.

SEC. 1787. Every person who knowingly accepts or holds any office Penalty for ilunder the United States, or any State, to which he is ineligible under legally holding the third section of the fourteenth article of amendment of the Constitution, or who attempts to hold or exercise the duties of any such office, shall be deemed guilty of a misdemeanor, and shall be imprisoned not more than one year, or fined not more than one thousand dollars, or both.

Sec.

VESSELS OF THE MERCHANT SERVICE-TONNAGE, &c.

4131. What are vessels of the United States. By
whom may be commanded.

4132. What vessels are entitled to register.
4133. Vessels owned by non-resident citizens.
4134. Vessels owned by non-resident naturalized
citizens.

4135. American vessel taking foreign flag.
4136. Wrecked vessels.

4137. Vessels owned by corporations.

4138. New registry upon death, &c., of officer of corporation.

4141. Vessels, where registered. 4150. Mode of measurement.

4151. No measurement of cabins or state-rooms for tonnage.

4152. Rules of measurement limited to what ves

sels.

4153. Tonnage.

4155. Form of register.

4156. Variations from form.

4172. Failure to report sale to foreigner.

4177. Numbers for vessels.

4178. Names of vessels to be painted on stern. 4179. Change of name of registered vessel.

Sec.

4189. Penalty for fraudulent registry.
4190. Sea-letters, to what vessels issued.
4191. Making or using forged sea-letters.
4201. Form of clearance.
4203. Conveyance of the mails.
4204. Conveyance of bullion, &c.
4207. Rates of consular fees.

4238. Vessels stranded on foreign coast.

4306. Passports of United States vessels on depart-
ure to foreign country.

4307. Penalty for departing without passport.
4308. Passports of unregistered vessels.
4309. Deposit of ship's papers with consul.

4310. Penalty for failure to deposit papers with

consul.

4573.
List of crew to be delivered to collector.
4574.
4575. Rules as to crew list.

5358. Plundering wrecked vessels, &c.
5364. Conspiracy to cast away vessel.
5365. Owner destroying vessel at sea.
5366. Other person destroying vessel at sea.
5367. Attempt to destroy vessel at sea.
5423. Penalty for making false passports.

SEC. 4131. Vessels registered pursuant to law, and no others, except Title 48, Chap. 1. such as shall be duly qualified, according to law, for carrying on the

What are ves

coasting trade and fisheries, or one of them, shall be deemed vessels of sels of the United the United States, and entitled to the benefits and privileges appertain- States. ing to such vessels; but they shall not enjoy the same longer than they

shall continue to be wholly owned by citizens and to be commanded by By whom may a citizen of the United States. And officers of vessels of the United be commanded. States shall in all cases be citizens of the United States.

SEC. 4132. Vessels built within the United States, and belonging What vessels wholly to citizens thereof, and vessels which may be captured in war are entitled to by citizens of the United States, and lawfully condemned as prize, or register. which may be adjudged to be forfeited for a breach of the laws of the United States, being wholly owned by citizens, and no others, may be registered as directed in this Title.

SEC. 4133. No vessel shall be entitled to be registered, or, if registered, to the benefits of registry, if owned in whole or in part by any citizen of the United States who usually resides in a foreign country, during the continuance of such residence, unless such citizen be a con

Vessels owned by non-resident citizens.

zens.

sul of the United States, or an agent for and a partner in some house of trade or copartnership, consisting of citizens of the United States actually carrying on trade within the United States.

Vessels owned SEC. 4134. No vessel shall be entitled to be registered as a vessel of by non-resident the United States, or, if registered, to the benefits of registry, if owned naturalized citi- in whole or in part by any person naturalized in the United States, and residing for more than one year in the country from which he originated, or for more than two years in any foreign country, unless such person be a consul or other public agent of the United States. Nothing contained in this section shall be construed to prevent the registering anew of any vessel before registered, in case of a sale thereof in good faith to any citizen resident in the United States; but satisfactory proof of the citizenship of the person on whose account a vessel may be purchased shall be exhibited to the collector, before a new register shall be granted for such vessel.

American ves

SEC. 4135. No vessel which has been recorded or registered as an sel taking foreign American vessel of the United States, pursuant to law, and which was flag. licensed or otherwise authorized to sail under a foreign flag, and to have the protection of any foreign government during the existence of the rebellion, shall be deemed or registered as a vessel of the United States, or shall have the rights and privileges of vessels of the United States, except under provisions of law especially authorizing such registry.

Wrecked vessels.

Vessels owned by corporations.

New registry

SEC. 4136. The Secretary of the Treasury may issue a register or enrollment for any vessel built in a foreign country, whenever such vessel shall be wrecked in the United States, and shall be purchased and repaired by a citizen of the United States, if it shall be proved to the satisfaction of the Secretary that the repairs put upon such vessel are equal to three-fourths of the cost of the vessel when so repaired.

SEC. 4137. Registers for vessels owned by any incorporated company may be issued in the name of the president or secretary of such company; and such register shall not be vacated or affected by sales of any shares of stock in such company.

SEC. 4138. Upon the death, removal, or resignation of such president upon death, &c., or secretary of any incorporated company owning any vessel, a new of officer of cor- register shall be taken out for such vessel.

poration.
Vessels, where
registered.

Mode of measurement.

No measure

SEC. 4141. Every vessel, except as is hereinafter provided, shall be registered by the collector of that collection-district which includes the port to which such vessel shall belong at the time of her registry; which port shall be deemed to be that at or nearest to which the owner, if there be but one, or, if more than one, the husband or acting and managing owner of such vessel, usually resides.

SEC. 4150. The registry 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 tonnagedeck, 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 fore part of the outer planking on the side of the stem to the after part of the main stern-post of screw-steamers, and to the after part of the rudder-post 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 the 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 tonnagedeck 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.

SEC. 4151. No part of any vessel shall be required by the preceding ment of cabins or section to be measured 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.

state rooms for

tonnage.

Rules of meas- SEC. 4152. The provisions foregoing relating to the measurement of urement limited vessels shall not be deemed to apply to any vessel not required by law to what vessels. to be registered, or enrolled, or licensed, unless otherwise specially pro

Tonnage.

vided.

SEC. 4153. The register tonnage of every vessel built within the United States or owned by a citizen or citizens thereof shall be her eutire in

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