« SebelumnyaLanjutkan »
son aggrieved; and such district attorneys shall cause such proceedings to be prosecuted to their termination as in other cases: Provided, That Right of civil nothing contained in this section shall be construed to deny or defeat action not af.
cted. any right of civil action accruing to any person, whether by reason of ecte this act or otherwise; and any district attorney who shall willfully fail Failure of disto institute and prosecute the proceedings herein required, shall, for trict attorney to every sucb offense, forfeit and pay the sum of five hundred dollars to prosecute. the person aggrieved thereby, to be recovered by an action of debt, with full costs, and shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not less than one thousand nor more than five thousand dollars: And provided further, That a judgment for the penalty Effect of judg. in favor of the party aggrieved against any such district attorney, or a meut against disjudgment upon an indictment against any such district attorney, shall trict attorney. be a bar to either prosecution respectively.
SEC. 4. That no citizen possessing all other qualifications which are Exclusion from or may be prescribed by law shall be disqualified for service as grand or service as juror. petit juror in any court of the United States, or of any State, on account of race, color, or previous condition of servitude; and any officer or Penalty for ex other person charged with any duty in the selection or summoning of cluding, &c. jurors who shall exclude or fail to summon any citizen for 'the cause aforesaid shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not more than five thousand dollars.
Sec. 5. That all cases arising under the provisions of this act in the Review in Sucourts of the United States shall be reviewable by the Supreme Court preme Court. of the United States, without regard to the sum in controversy, under the same provisions and regulations as are now provided by law for the review of other causes in said court. Approved, March 1, 1875.
See also under DEPARTMENTS. Sec.
Sec. 1753. President to regulate admissions to the civil 1755. Recommendation for employment of such service.
persons. 1754. Preference of persons disabled in military
or naval service. SEC. 1753. The President is authorized to prescribe such regulations Title 19. for the admission of persons into the civil service of the United States as P.
President to may best promote the efficiency thereof, and ascertain the fitness of regulate admiseach candidate in respect to age, health, character, knowledge, and'sions to the civil ability for the branch of service into which he seeks to enter; and for service. this purpose he may employ suitable persons to conduct such inquiries, and may prescribe their duties, and establish regulations for the conduct of persons who may receive appointments in the civil service.
Sec. 1754. Persons honorably discharged from the military or naval Preference of service by reason of disability resulting from wounds or sickness incurred per
in military or pain the line of duty, shall be preferred for appointments to civil offices, val service. provided they are found to possess the business capacity necessary for the proper discharge of the duties of such offices.
Sec. 1755. In grateful recognition of the services, sacrifices, and suffer- Recommendaings of persons honorably discharged from the military and naval service tion for employ.
ment of such perof the country, by reason of wounds, disease, or the expiration of terms sons. of enlistment, it is respectfully recommended to baukers, merchants, manufacturers, mechanics, farmers, and persons engaged in industrial pursuits, to give them the preference for appointments to remunerative situations and employments.
CLAIMS AND CLAIM AGENTS.
Sec. 1-4. Subpoenas to witnesses on clair
3480. Claims of disloyalists. 185. Fees of witnesses.
3490. Liability of persons making false claims 186. Compelling testimony.
against United States. 187. Professional assistance, how obtained.
3491. Suits for same. 190. Former employés acting as counsel.
3492. Duty of district attorney as to such cases. 236. Public accounts to be settled in the Treas. 3493. Rights of persons presenting such suits. ury.
3494. Limitation of suit.. 3477. Assignment of claims void, unless, &c.
5454. Unlawful taking papers relating to claims. 3478. Oath by persous prosecuting clainis.
5498. Officers, &c., interested in claims. 3479. Who may administer oath.
Sec. 184. Any head of a Department or Bureau in which a claim Title 4. against the United States is properly pending may apply to any judge Subpoenas to or clerk of avy court of the United States, in any State, District, or Ter- witnesses.
ritory, to issue a subpæna for any witness being within the jurisdiction of such court, to appear at a time and place in the subpæna stated, before any officer authorized to take depositions to be used in the courts of the United States, there to give full and true answers to such written interrogatories and cross-interrogatories as may be submitted with the application, or to be orally examined and cross-examined upon the subject
of such claim. Witnesses' fees. SEC. 185. Witnesses subpænaed pursuant to the preceding section
shall be allowed the same compensation as is allowed witnesses in the
courts of the United States. Compelling tes. Sec. 186. If any witness, after being duly served with such subpæna, timony:
neglects or refuses to appear, or, appearing, refuses to testify, the judge of the district in which the subpoena issued may proceed, upon proper process, to enforce obedience to the subpæna, or to punish the disobedience, in like manner as any court of the United States may do in case
of process of subpæna ad testificandum issued by such court. Professional as- SEC. 187. Whenever any head of a Department or Bureau having sistance; bow obmade application pursuant to section one hundred and eighty-four, for tained.
a subpæna to procure the attendance of a witness to be examined, is of opinion that the interests of the United States require the attendance of counsel at the examination, or require legal investigation of any claim pending in his Department or Bureau, he shall give notice thereof to the Attorney-General, and of all facts necessary to enable the AttorneyGeneral to furnish proper professional service in attending such examination, or making such investigation, and it shall be the duty of the
Attorney-General to provide for such service. Persons for. Sec. 190. It shall not be lawful for any person appointed after the merly in the De- first day of June, one thousand eight hundred and seventy-two, as an partments not to prosecnte claims officer, clerk, or employé in any of the Departments, to act as counsel, in them.
attorney, or agent for prosecuting any claim against the United States which was pending in either of said Departments while he was such officer, clerk, or employé, nor in any manner, zor by any means, to aid in the prosecution of any such claim, within two years next after he shall
have ceased to be such officer, clerk, or employé. Title 7, Chap. 1. Sec. 236. All claims and demands whatever, by the United States, or
against them, and all accounts whatever, in which the United States are concerned, either as debtors or as creditors, shall be settled and adjusted
in the Department of the Treasury. Title 36. SEC. 3477. All transfers and assignments made of any claim npon the Assignments of United States, or of any part or share thereof, or interest therein. claims void, un- whether absolute or conditional, and whatever may be the consideration less, &c.
therefor, and all powers of attorney, orders, or other authorities for receiving payment of any such claim, or of any part or sbare thereof, sball be absolutely null and void, unless they are freely made and executed in the presence of at least two attesting witnesses, after the allowance of such a claim, the ascertainment of the amount due, and the issuing of a warrant for the payment thereof. Such transfers, assignments, and powers of attorney, must recite the warrant for payment, and must be acknowledged by the person making them, before an officer having authority to take acknowledgments of deeds, and shall be certified by the officer; and it must appear by the certificate that the officer, at the time of the acknowledgment, read and fully explained the transfer, assignment, or warrant of attorney to the person acknowledging the
same. Oath by per. SEC. 3478. Any person prosecuting claims, either as attorney or on his 0 prosecutios own account, before any of the Departments or Bureaus of the United claims.
States, shall be required to take the oath of allegiance, and to support the Constitution of the United States, as required of persons in the civil
service. [See ♡ ♡ 1756, 1757, under OATH OF OFFICE.] Who may ad. SEC. 3479. The oath provided for in the preceding section may be taken minister theoath, 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. Claims of dis- SEC. 3480. It shall be unlawful for any officer to pay any account, claim, loyalists.
or demand against the United States which accrued or existed prior to the thirteenth day of April, eighteen hundred and sixty-one, in favor of any person who promoted, encouraged, or in any manner sustained the late rebellion, or in favor of any person who during such rebellion was. not known to be opposed thereto, and distinctly in favor of its suppression; and 10 pardon heretofore granted, or hereafter to be granted, shall anthorize the payment of such account, claim, or demand, until this section is modified or repealed. But this section shall not be construed to prohibit the payment of claims founded upon contracts made by any of the Departments, where such claims were assigned or contracted to be assigned prior to the first day of April, eighteen hundred and sixty-one, to the creditors of such contractors, loyal citizens of loyal States, in payment of debts incurred prior to the first day of March, eighteen hundred and sixty-one.
SEC. 3490. Any person not in the military or naval forces of the United Liability of perStates, or in the militia called into or actually employed in the service sons making false
claims against of the United States, who shall do or commit any of the acts prohibited United States. by any of the provisions of section fifty-four hundred and thirty-eight,* Title “ CRIMES,” shall forfeit and pay to the United States the sum of two thousand dollars, and, in addition, double the amount of damages which the United States may have sustained by reason of the doing or committing such act, together with the costs of suit; and such forfeiture and damages shall be sued for in the same suit.
SEC. 3491. The several district courts of the United States, the supreme Suits for same, court of the District of Columbia, the several district courts of the Territories of the United States, within whose jurisdictional limits the person doing or committing such act shall be found, shall, wheresoever such act may have been done or committed, bave full power and jurisdiction to hear, try, and determine such suit. Such suit may be brought and carried on by any person, as well for himself as for the United States; the same shall be at the sole cost and charge of such person, and shall be in the name of the United States, but shall not be withdrawn or discontinued without the consent, in writing, of the judge of the court and the district attorney, first filed in the case, setting forth their reasons for such consent.
SEC. 3492. It shall be the duty of the several district attorneys of the Duty of district United States for the respective districts, for the District of Columbia, attorney as to and for the several Territories, to be diligent in inquiring into any viola- su
? such cases. tion of the provisions of section thirty-four hundred and ninety by persons liable to such suit, and found within tbeir respective districts or Territories, and to cause them to be proceeded against in due form of law for the recovery of such forfeiture and damages. And such person may be arrested and held to bail in such sum as the district judge may order, not exceeding the sum of two thousand dollars, and twice the amount of the damages sworn to in the affidavit of the person bringing the suit.
SEC. 3493. The person bringing said suit and prosecuting it to final Rights of per. judgment shall be entitled to receive one-half the amount of such for- sons presenting feiture, as well as one-balf the amount of the damages be shall recover su and collect; and the other half thereof shall belong to and be paid over to the United States ; and such person sball be entitled to receive to bis own use all costs the court may award against the defendant, to be allowed and taxed according to any provision of law or rule of court in force, or that shall be in force in suits between private parties in said court: Provided, That such person shall be liable for all costs incured by himself in the case, and shall have no claim therefor on the United States.
SEC. 3494. Every such suit shall be commenced within six years from Limitation of the commission of the act, and not afterward.
SEC. 5454. Every person who takes and carries away, without author- Title 70, Chap. 5. ity from the United States, from the place where it has been filed, lodged, T.
• Unlawfully takor deposited, or where it may for the time being actually be kept by ing or asing pa. authority of the United States, any certificate, affidavit, deposition, pers relating to written statement of facts, power of attorney, receipt, voucher, assign-claims. ment, or other document, record, file, or paper, prepared, fitted, or intended to be used or presented in order to procure the payment of money from or by the United States, or any officer or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or demand against the United States, whether the same has or has not already been so used or presented, and whether such clain, account, or demand, or any part thereof, has or has not already been allowed or
* See Sec. 5438, under FRAUDS, &c.
paid, or who presents or uses or attempts to use any such document, record, file, or paper so taken and carried away in order to procure the payment of any money from or by the United States, or any officer or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or demand against the United States, shall be imprisoned at hard labor not more than ten years, or fined not more than five thousand dollars.
Title 70, Chap. 6. SEC. 5498. Every officer of the United States, or person holding any Officers, &c., in
- place of trust or profit, or discharging any official function under, or in terestedinclaims.
Lăē►Ò2ÂòÂ§2§Â2Ò222 222 2222ņēmēģ22L22tiņâēmēģ22?Âņưòēģ2m2 ņēģ2ưăņēģūti2
United States, or under the Senate or House of Representatives of the United States, who acts as an agent or attorney for prosecuting any claim against the United States, or in any manner, or by any means, otherwise than in discharge of his proper official duties, aids or assists in the prosecution or support of any such claim, or receives any gratuity, or any share of or interest in any claim from any claimant against the United States, with intent to aid or assist, or in consideration of having aided or assisted, in the prosecution of such claim, shall pay a fine of not more than five thousand dollars, or suffer imprisonment not more than one year, or both. [See under BRIBES, &c.]
NOTE.-See, under DEBTS, act of March 3, 1875, as to deducting, from claims allowed, indebtedness of claimant to the United States
Sec. 264. Report of Coast Survey expenditures.
4686. Power to employ vessels. 4681. President may authorize surveys.
4687. Manner of employment of officers of Army 4682. Surveys beyond twenty leagues from shore.
and Navy. 4683. Mode of conducting surveys.
4688. Allowances for subsistence. 4684. Employment of officers of Army and Navy. 4689. Salary of superintendent. 4685. Power to use books, &c., and to employ per-|
4690. Report. sons.
4691. Disposal of maps and charts. Title 7, Chap. 2. SEC. 264, The Secretary of the Treasury shall report to Congress ao
- nually the number and names of the persons employed during the last Report of Coast
preceding fiscal year upon the Coast Survey and business connected Survey expendi
therewith; the amount of compensation of every kind respectively paid tures.
them, for what purpose, and the length of time employed; and shall report a full statement of all other expenditures made under the direction of the Superintendent of the Coast Survey.
Title 56. SEC. 4681. The President is authorized to cause a survey to be taken
- of the coasts of the United States, in which shall be designated the President m
may islands and shoals, with the roads or places of anchorage, within twenty authorize surveys.
leagues of any part of the shores of the United States; and also the respective courses and distances between the principal capes or headlands, together with such other matters as he may deem proper for completing
an accurate chart of every part of the coasts. Surveys beyond SEC. 4682. The President may also cause such examinations and obtwenty leagues servations to be made with respect to Saint George's Bank, and to any from shore.
other bank, or shoal, and the soundings and currents, although beyond the distance of twenty leagnies from the shore to the Gulf Stream, as he may deem especially subservient to the commercial interests of the
United States. Mode of con- SEC. 4683. All appropriations made for the work of surveying the ducting surveys. coast of the United States shall be expended in accordance with the
plan of re-organizing the mode of executing the survey which has been submitted to the President by a board of officers organized under the act of March three, eighteen hundred and forty-three, chapter one hun
dred. Employment of SEC. 4684. The President shall carry into effect the plan of the board, officers of Army as agreed upon by a majority of its members; and shall canse to be emand Navy. ployed as many officers of the Army and Navy of the United States as
will be compatible with the successful prosecution of the work; the officers of the Navy to be employed on the hydrographical parts, and the officers of the Army ou the topographical parts of the work; and no officer of the Army or Navy shall receive any extra pay out of any appropriations for surveys.
Sec. 4685. The President is authorized, in executing the provisions Power to use of this Title to use all maps, charts, books, instruments, and apparatus books, &c., and belonging to the United States, and to direct where the same shall be to employ perdeposited, and to employ all persons in the land or naval service of the
fth sons. United States, and such astronomers and other persons, as he shall deem proper.
Sec. 4686. The President is antborized, for any of the purposes of sur- Power to emveying the coast of the United States, to cause to be employed such of ploy vessels. the public vessels in actual service as he deems it expedient to employ, and to give such instructions for regulating their conduct as he deems proper, according to the tenor of this Title.
SEC. 4687. Officers of the Army and Navy shall, as far as practicable, Manner of em. be employed in the work of surveying the coast of the United States, ployment of oftiwhenever and in the manner required by the Department having charge cers of
barge cers of Army or
SEC. 4688. The Secretary of the Treasury may make sich allowances Allowance for to the officers and men of the Army and Navy, while employed on Coast subsistence. Survey service, for subsistence, in addition to their compensation, as he may deem necessary, not exceeding the sum authorized by the Treasury regulation of the eleventh day of May, eighteen hundred and fortyfonr.
SEC. 4689. The salary of the Superintendent of the Coast Survey shall Salary of Superbe six thousand dollars a year.
intendent. SEC. 4690. The Coast Survey report shall be submitted to Congress Report. during the month of December in each year, and shall be accompanied by a general chart of the whole coasts of the United States, on as largo a scale as convenient and practicable, showing, as near as practicable, the coufiguration of the coasts, and showing, by lines, the probable limits of the Gulf Stream, and showing, by lines, the probable limit to which the soundings off the coast will extend, and showing, by the use of colors and explanations, the exact portions of our coasts, of which complete charts have been published by the Coast Survey; also, showing such other parts of the coasts of which the triangulation, the topography, and the soundings have been completed, but not published, and, also, such parts of the coasts of which the triangulation and topography, or the triangulation only, have been completed.
SEC. 4691. The Secretary of the Treasury is authorized to dispose of Disposal of the maps and charts of the survey of the coast of the United States at maps and charts. such prices and under such regulations as may from time to time be fixed by him; and a number of copies of each sheet, not to exceed three hundred, shall be distributed among foreign governments, and Departments of our own Government, and literary and scientific associations as may be designated by the Secretary of the Treasury.
COIN, COINAGE, WEIGHTS AND MEASURES, AND LEGAL
| Sec. 3311. Gold coins of the United States and their 3569. Use of the metric system authorized. weight.
3570. Authorized tables of weights and measures. 3512. Recoinage of gold coins.
3524. Foreign coips. 3513. Silver coins and their weight.
3585. Gold coins of the United States. 3514. Standard for gold and silver coins.
3586. Silver coins of the United States. 3515. Minor coins; their weight and alloy
3587. Minor coins. 3516. Issue of other coins prohibited.
3588. United States notes. 3517. Inscriptions upon coins.
3589. Demand Treasury notes. 3535. Deviations allowed in adjusting weigh:s of 3590. Interest-bearing notes. gold coins.
5457. Counterfeiting gold or silver coin. 3536. Of silver coins.
5458. Counterfeiting minor coins. 3537. Of minor coins.
5159. Mutilating coinage. 3551. National and other medals.
5460. Debasement of coinage, &c., by officers of 3563. Decimal system established.
Mint. 3564. Value of foreign coins, how ascertained. 5161. Making or uttering coins in resemblance of 3565. Value of the sovereign or pound sterling.
money. 3566. Recoinage of foreign coins.
5462. Making or issuing devices of minor coins. 3367. Spansh and Mexican coins.
-- Coinage of twenty-cent piece. Sec. 3511. The gold coins of the United States shall be a one-dollar Title 37. piece, which, at the standard weight of twenty-five and eight-tenths
Gold coins of grains, shall be the unit of value ; a quarter-eagle, or two and a half the United States dollar piece; a three-dollar piece: a half-eagle, or five-dollar piece ; an and their weight. eagle, or ten-dollar piece; and a double eagle, or twenty-dollar piece.