22 April 1854 1. 10 Stat. 276. Increase of salaries. 31 May 1854 25. 10 Stat. 298. ber of clerks. 14. Of the clerks authorized by the third section of the act approved March 3d 1853, entitled "An act making appropriations for the civil and diplomatic expenses of government for the year ending the 30th of June 1854," those of the first class shall receive a salary of twelve hundred dollars per annum; those of the second class, a salary of fourteen hundred dollars per annum; those of the third class, a salary of sixteen hundred dollars per annum; and all clerks not provided for in this act, (a) performing the same or similar duties with any one of the classes, shall receive the same compensation as is allowed to such class; and the clerks employed in the census bureau shall be paid during the present fiscal year, the same as is hereby allowed to clerks of the second class. (b) 15. There shall be, in addition to the clerks authorized by the third section of the act of March 3d 1853, entitled, "An act making appropriations for the civil and diplomatic Additional num- expenses of government for the year ending the 30th of June 1854, in the office of the register of the treasury, three clerks of class three, to include the clerk now authorized to take charge of the redemption of stocks, and in the office of the commissioner of pensions, in lieu of the temporary clerks now employed therein, five clerks of class two, and fifteen clerks of class three; and said clerks shall be paid, according to the provisions of said section, until the 30th of June 1854, out of any money in the treasury not otherwise appropriated. 4 Aug. 1854 6. 10 Stat. 572. of clerks. 16. That the postmaster-general be allowed, in addition to his present number, three clerks of class two and two of class three; that the attorney-general be allowed in addition Further increase to his present number, one clerk of class one, two of class two, and one of class three; that the secretary of the treasury be allowed in the first auditor's office, in addition to the present number, two clerks of class one; in the sixth auditor's office, in addition to the present number, seven clerks of class one, and one shall be taken from class three and put in class four; and in the treasurer's office, one clerk shall be taken from class two and one from class three, and put in class four. 3 March 1855 24. 10 Stat. 669. Classification of clerks in the state department. cal force. 17. That from and after the 30th of June 1855, the secretary of state be, and he is hereby, authorized and required to cause the examination, classification and distribution of the clerks in the department of state, in the same manner as directed in other executive departments by the provisions contained in the third section of the act entitled "An act making appropriations for the civil and diplomatic expenses of government," approved 3d March 1853, who shall be paid annual salaries according to the act amendatory Permanent cleri- thereof, approved 22d April 1854. And the whole permanent clerical force in said department shall consist of three clerks of class one, two of class two, (c) eight of class three, eight of class four, and one chief clerk, in lieu of those now authorized by law; and one of the said clerks of class four shall give bonds as required by the independent Disbursing clerk. treasury act, and make the disbursements for the department, and superintend the north-east executive building, and shall receive therefor two hundred dollars per annum, in addition to his salary as clerk of class four: Provided, That the increased salary hereby allowed the chief clerk, shall be construed to take effect from the first of July 1853, and be paid accordingly. 18 Aug. 1856 11 Stat. 90. 4. 18 Aug. 1856 23. sury depart 18. In addition to those now allowed by law, the postmaster-general shall be authorized to employ four clerks of class one. 19. That the secretary of war be authorized to employ, in addition to those now allowed 11 Stat. 118. by law, one clerk of class four, in the office of the colonel of topographical engineers, Additional clerks and to take one clerk from class two and add one to class four in his office; that the in the war, interior and trea- secretary of the interior be authorized to employ in his office one clerk of class four, in addition to those now allowed by law, and temporarily one clerk of class two to take charge of the census returns; and the secretary of the treasury be authorized to employ one clerk of class three in the office of the fifth auditor, and to take one clerk from class two and add one to class three, in the office of the first comptroller; and to take one clerk from class three and add one to class four in the office of the register. ments. 3 March 1857 11 Stat. 185. 11 Stat. 220. 4. 20. One of the second class clerkships in the Indian bureau shall hereafter be made a third class clerkship, to be designated by the commissioner of Indian affairs. 3 March 1857 24. 21. In addition to those now authorized by law, there may be employed by the secre tary of state one clerk of class two, by the secretary of the treasury in the office of the auditor of the treasury for the post office department five clerks of class two. (a) This includes the clerks in the state department. 6 Opin. 464. But not those above the third class. Ibid. Nor does it embrace those in the office of the navy agent at Washington. Ibid. 527. (b) The 4 restricts this additional allowance to the current fiscal year. 10 Stat. 276. (c) See infra, 21. Clerks of Courts. I. THEIR APPOINTMENT. 1 Courts to appoint clerks. Their oath of office Tc give bond. II. THEIR POWERS AND DUTIES. 4. To issue writs of error returnable in the supreme court. 5. To take recognisances of bail. To administer caths. I. THEIR APPOINTMENT. 1 Stat. 76. clerks. Their oath of 1. The supreme court and the district courts shall have power to appoint (a) clerks for 24 Sept. 1789 7. their respective courts, [and that the clerk for each district court shall be clerk also of the circuit court (b) in such district;] and each of the said clerks shall, before he enters Courts to appoint upon the execution of his office, take the following oath or affirmation, to wit: "I, A. B., being appointed clerk of do solemnly swear, or affirm, that I will truly and office. faithfully enter and record all the orders, decrees, judgments and proceedings of the said court, and that I will faithfully and impartially discharge and perform all the duties of my said office, according to the best of my abilities and understanding; so help me God." Which words, "so help me God," shall be omitted in all cases where an affirmation is admitted instead of an oath. And the said clerks shall also severally give bond, with To give bond. sufficient sureties, (to be approved of by the supreme and district courts respectively), to the United States, in the sum of two thousand dollars, faithfully to discharge the duties of his office, and seasonably to record the decrees, judgments and determinations of the court of which he is clerk. 5 Stat. 322. 2. All the circuit courts of the United States shall have the appointment of their own 28 Feb. 1839 2 2. clerks; and in case of a disagreement between the judges, the appointment shall be made by the presiding judge of the court. 9 Stat. 213. 3. In case of a vacancy in the office of the clerk of any circuit court of the United 9 March 1848 3 States in vacation, the judge of the district court in the district within which such vacancy occurs may appoint a clerk, who shall hold said office until the end of the next Appointments in term of the circuit court for said district, unless the office is sooner filled by an appointment according to existing laws. II. THEIR POWERS AND DUTIES. vacation. 1 Stat. 278. error returnable 4. It shall be the duty of the clerk of the supreme court of the United States, forth- 3 May 1792 § 9. with to transmit to the clerks of the several circuit courts the form of a writ of error, to be approved by any two of the judges of the supreme court, and it shall be lawful for To issue writs of the clerks of the said circuit courts to issue writs of error agreeably to such forms, as in the supreme nearly as the case may admit, under the seal of the said circuit courts, returnable to the court. supreme court, in the same manner as the clerk of the supreme court may issue such writs, in pursuance of the act entitled "An act to establish the judicial courts of the United States." Ibid. 10. To administer 5. It shall and may be lawful for the clerks of the district and circuit courts, in the absence or in case of the disability of the judges, to take recognisances of special bail, To take recogni de bene esse, in any action depending in either of the said courts, and also the affidavits sances of bail. of all surveyors relative to their reports, and to administer oaths to all persons identifying oaths. papers found on board of vessels or elsewhere, to be used on trial in admiralty causes. 6. All moneys which shall hereafter be paid into said courts, or received by the 3 March 1817 2. officers thereof, in causes pending therein, shall be immediately deposited [in the branch bank within the district, (c) if there be one,] otherwise in some incorporated state bank, To deposit inowithin the district, in the name and to the credit of the court. 3 Stat. 395. neys paid into court. Ibid. 23. 7. No money, deposited as aforesaid, shall be drawn from said banks, except by order of the judge or judges of said courts respectively, in term or in vacation, to be signed by Not to be drawn such judge or judges, and to be entered and certified of record by the clerk, and every except on judge's such order shall state the cause in, or on account of which it is drawn. order. Ibid. 24. 8. If any clerk of such court, or other officer thereof, having received any such moneys as aforesaid, shall refuse or neglect to obey the order of such court, for depositing the Penalty for negsame as aforesaid, such clerk, or other officer, shall be forthwith proceeded against by lect to deposit. attachment for contempt. 9. At each regular and stated session of said courts, the clerks thereof shall present an account to said court of all moneys remaining therein, or subject to the order thereof, (a) The power of appointment, no tenure of office being prescribed, includes that of removal, at the pleasure of the appointing power. Ex parte Hennen, 13 Pet. 230. The appointment of a successor is, ipso facto, a removal of the incumbent. Ibid. Account to be 3 March 1817. stating particularly on account of what causes said moneys are deposited, which account, and the vouchers thereof, shall be filed in court: Provided nevertheless, That if in any rendered at each district there shall be no branch of the Bank of the United States, nor any incorporated state bank, the courts may direct such moneys to be deposited, according to their discretion as heretofore. stated session. 12 Aug 1848 9 Stat. 292. 1. 10. All books in the offices of the clerks of the circuit and district courts of the United States, containing the docket or minute of the judgments or decrees of said courts, shall, during office hours, be open to the inspection of any person desiring to examine the same, tion without fee. Without any fee or charge therefor. Dockets to be open for inspec 26 Feb. 1853 1. 10 Stat. 163. Power to administer oaths, &c. 11. The clerks of the district and circuit courts respectively, ex officio, shall be, and hereby are, authorized and empowered to administer oaths, take acknowledginents, take and certify affidavits and depositions in the same manner as commissioners, and shall be entitled to the same fees and compensation therefor. 16 Aug. 1856 10. 12. It shall be the duty of each of the judges of the supreme court of the respective 11 Stat. 50. territories of the United States to designate and appoint one person as clerk of the But one clerk in district over which he presides, where one is not already appointed, and to designate each district in the territories. and retain but one such clerk where more than one is already appointed, and only such district clerks shall be entitled to a compensation from the United States except for fees taxable to the United States. Coasting Trade. [See FISHERIES.] the United States. 5. When coasting vessels may touch at a foreign port for mer chandise and passengers. Manifest to be certified. 6. To be subject to revenue laws. Foreign goods so transported not to be liable to duty a second time. II. ENROLMENT AND LICENSE OF COASTING VESSELS. 7. No vessel to be enrolled. except such as are entitled to be registered. Form of enrolment. 8. How registered vessels may be enrolled; or enrolled vessels registered. 9. Bond to obtain license for the coasting trade. Oath of master. Oath of ship's husband or owner. Form of license. 10. How long to continue in force. 11. Licenses to be numbered and recorded. Copies to be transmitted to register of the treasury. 12. Vessel proceeding on a foreign voyage, without giving up her license, to be forfeited. If in another district, collector to give certificate. 13. License to be surrendered, when expired. Penalty for neglect or refusal. Unless lost or destroyed. When new license may be issued. 14. When license may be surrendered and re-issued. Abatement for unexpired time. 15. Name and port to be painted on stern. collector or surveyor, and make oath, &c. Manifest to be certified deliver manifest. 31. Certified manifest to be delivered previous to unlading. Return of manifest with Oath of master. Permit for unlading. indorsement of goods landed. Penalty for negleet to deliver manifest. 32. When masters may sail without delivery of manifest. or permit. Vessels to be provided with manifests. Penalty for neglect. V. INLAND TRANSPORTATION. 33. What collectors may grant permits for transportation across other states. Report and Form of permit. Oath of owner. delivery of permit, on arrival. Forfeiture for neglect to make entry of such goods. Penalty for neglect to deliver up permit Exception. VI. COASTINg trade betwEEN DISTRICTS. 34. Registered vessels going from one district to another. to be liable to the same regulations as coasting vessels. Except from foreign ports. 35. Vessels touching at another port than that of their destination to report. Penalty for neglect. 36. On loss of certified manifest, bond to be given for payment of duties. When to be cancelled. 37. Masters of foreign vessels bound from one district to another, 16. Change of masters to be reported. On making oath, change to deliver duplicate manifest under oath, and obtain permit. to be indorsed. Penalty for neglect to report. 17. Revenue officers may inspect licenses. 18. Admeasurement of vessels under 20 tons. Measurement not to be repeated. 19. How licenses issued for vessels owned by corporations. 20. When surveyor may issue coasting licenses. 21. Their fees, &c. 22. How vessels navigating the waters of the northern, northeastern or north-western frontiers, may be enrolled and licensed. May be employed in the foreign or domestic trade. III. DIVISION OF DISTRICTS. 23. Division of districts for the coasting trade. 24. Vessels of 20 tons and upwards may trade between such districts. 25. What regulations to be observed. 26. Trade in other districts, as heretofore. 27. Third district erected. IV. REGULATIONS OF THE COASTING TRADE. 28. Masters of coasting vessels, having certain goods on board, to subscribe duplicate manifests. To deliver the same to the 18 Feb. 1793 1 1 Stat. 305. Proceedings on arrival from another district. Penalty for neglect 38. Fees of officers. Distribution of fees. Table of fees to be put up. 39. Certain vessels not to pay custom house fees. 40. Naval officers to sign enrolments, &c. Surveyors to make monthly returns. 41. Revenue officers may inspect, search and examine vessels. 42. In case of forfeiture, names, &c., of owners or consigners, to be advertised. 43. Penalty for official misconduct. For taking illegal fees. Or neglect of duty. 44. False swearing to be deemed perjury. 45. Penalty for obstructing the execution of the law. 46. Transfer to non-resident, &c., or employment in other tra·les to work a forfeiture. 47. Goods of third parties exempted from forfeiture. 48. How penalties and forfeitures recoverable. Officer to be a witness. But his share to accrue to the United States. I. WHAT VESSELS MAY ENGAGE IN THE COASTING TRADE. 1. Ships or vessels, enrolled by virtue of "An act for registering and clearing vessels, regulating the coasting trade, and for other purposes," (a) and those of twenty tons and (a) Act 1 September 1789, 1 Stat. 55; repealed by 36 of the act in the text. upwards, which shall be enrolled after the last day of May next, in pursuance of this act, 18 Feb. 1793. and having a license in force, or if less than twenty tons, not being enrolled, shall have what vessels a license in force, as is hereinafter required, and no others, shall be deemed ships may be employe in the coasting or vessels of the United States, entitled to the privileges of ships or vessels employed trade and fishin the coasting trade or fisheries.(a) eries. 2. After the last day of May next, every ship or vessel of twenty tons or upwards Ibid. 26. (other than such as are registered) found trading between district and district, or between Penalty for other different places in the same district, or carrying on the fishery, without being enrolled vessels being so employed. and licensed, or if less than twenty tons, and not less than five tons, without a license, in manner as provided by this act, such ship or vessel, if laden with goods the growth or manufacture of the United States only (distilled spirits excepted) or in ballast, shall When to pay foreign duties. pay the same fees and tonnage in every port of the United States at which she may arrive, as ships or vessels not belonging to a citizen or citizens of the United States, (b) and if she have on board any articles of foreign growth or manufacture, or distilled spirits, other than sea-stores, the ship or vessel, together with her tackle, apparel and furniture, and the lading found on board, shall be forfeited: (c) Provided however, If When to be forsuch ship or vessel be at sea, at the expiration of the time for which the license was given, and the master of such ship or vessel shall swear or affirm that such was the case, and shall also within forty-eight hours after his arrival deliver to the collector of Provision for exthe district in which he shall first arrive the license which shall have expired, the piration of license forfeiture aforesaid shall not be incurred, nor shall the ship or vessel be liable to pay the fees and tonnage aforesaid. feited. whilst at sea. Ibid. 237. 3 Stat. 351. 3. Nothing in this act shall be construed to extend to any boat or lighter, not being masted, or if masted and not decked, employed in the harbor of any town or city. 4. No goods, wares or merchandise, shall be imported, under penalty of forfeiture 1 March 1817 § 4. thereof, from one port of the United States to another port of the United States, in a versel belonging wholly or in part to a subject of any foreign power; (d) but this clause Foreign ships not shall not be construed to prohibit the sailing of any foreign vessel from one to another from one port to port of the United States, provided no goods, wares or merchandise, other than those another in the imported in such vessel from some foreign port, and which shall not have been unladen, shall be carried from one port or place to another in the United States.(e) to carry goods United States. 9 Stat. 232. dise and pass 5. It shall hereafter be lawful for any steamship or other vessel, on being duly 27 May 1848 8 1. registered in pursuance of the laws of the United States, to engage in trade between one port in the United States and one or more ports within the same, with the privilege of When coasting vessels may touching at one or more foreign ports during the voyage, and land and take in thereat touch at a foreign merchandise, passengers and their baggage, and letters, and mails: Provided, That all port for merchansuch vessels shall be furnished by the collectors of the ports at which they shall take in engers. their cargoes in the United States, with certified manifests, setting forth the particulars of the cargoes, the marks, number of packages, by whom shipped, to whom consigned, Manifest to be at what port to be delivered; designating such goods as are entitled to drawback, or to the privilege of being placed in warehouse; and the masters of all such vessels shall, on their arrival at any port of the United States from any foreign port at which such vessel may have touched, as herein provided, conform to the laws providing for the delivery of manifests, of cargo and passengers taken on board at such foreign port, and all other laws regulating the report and entry of vessels from foreign ports, and be subject to all the penalties therein prescribed. certified. Ibid. 22. 6. All vessels, and their cargoes, engaged in the trade referred to in this act, shall become subject to the provisions of existing collection and revenue laws on arrival in any To be subject port in the United States: Provided, That any foreign goods, wares or merchandise, revenue laws. taken in at one port of the United States, to be conveyed in said vessels to any other port Foreign goods, within the same, either under the provisions of the warehousing act of 6th August 1846, transported to or under the laws regulating the transportation coastwise of goods entitled to drawback, duty a second as well as any goods, wares or merchandise not entitled to drawback, but on which the import duties chargeable by law shall have been duly paid, shall not become subject to any import duty by reason of the vessel in which they may arrive having touched at a foreign port during the voyage, in pursuance of the privilege given in this act. II. ENROLMENT AND LICENSE OF COASTING VESSELS. time. 7. In order for the enrolment of any ship or vessel, she shall possess the same qualifi- 18 Feb. 1793 § 2 cations, and the same requisites in all respects shall be complied with, as are made (a) Under this act no registered ship can, while she remains registered, engage in the whale fisheries; but she must surrender her register, and be enrolled and licensed for the fisheries. United States v. Rogers, 3 Sumn. 342. (b) Foreign vessels, owned wholly by citizens of the United States, may be lawfully engaged in the coasting trade; but the ergoes must consist of domestic goods, other than distilled spirits. The only liability incurred is that of paying the tonnage duties chargeable upon foreign vessels. 4 Opin. 188. (c) The section inflicts the forfeiture only in cases of unregistered vessels, found with foreign goods on board, in the coasting 1 Stat. 305. trade, and not of vessels licensed for the fisheries. The Boat Eliza, 2 Gall. 4. So, a vessel not enrolled and licensed, but ca gaged exclusively in the foreign trade, does not become forfeit by having foreign goods on board. United States v. The Margaret Yates. 22 Verm. 663. (d) This does not apply to foreign vessels owned wholly by citi zens of the United States. 4 Opin. 188. (e) Foreign vessels, except steamboats employed on rivers or bays, &c., may carry passengers from port to port in the United States. 4 Opin. 270. See 2 Ibid. 392. See act 12 March 1812, as to the enrolment of steamboats owned by aliens. 2 Stat. C94. 18 Feb. 1793. Ne vessels to be enrolled except such as are en titled to be regis tered. Form of enrolment. O enrolled vessels registered. necessary for registering ships or vessels, (a) by the act entitled "An act concerning the registering and recording of ships or vessels," and the same duties and authorities are hereby given and imposed on all officers, respectively, in relation to such enrolments, and the same proceedings shall be had, in similar cases, touching such enrolments; and the ships or vessels so enrolled, with the master or owner, or owners thereof, shall be subject to the same requisites, as are in those respects provided for vessels registered by virtue of the aforesaid act; the record of which enrolment shall be made, and an abstract or copy thereof granted, as nearly as may be, in the form following: "Enrolment in conformity to an act of the congress of the United States of America, entitled 'An act for enrolling and licensing ships or vessels, to be employed in the coasting trade and fisheries, and for regulating the same' [inserting here the name of the person, with his occupation and place of abode, by whom the oath or affirmation is to be made] having taken and subscribed the oath (or affirmation) required by this act, and having sworn (or affirmed) that he (or she, and if more than one owner, adding the words together with,' and the name or names, occupation or occupations, place or places of abode, of the owner or owners) is, (or are) a citizen (or citizens) of the United States, and sole owner (or owners) of the ship or vessel called the [inserting here her name] of [inserting here the name of the port to which she may belong] whereof [inserting here the name of the master] is at present master, and is a citizen of the United States, and that the said ship or vessel was [inserting here when and where built] and [inserting here the name and office, if any, of the person by whom she shall have been surveyed, or admeasured] having certified that the said ship or vessel has [inserting here the number of decks] and [inserting here the number of masts] and that her length is [inserting here the number of feet] her breadth [inserting here the number of feet] her depth [inserting here the number of feet] and that she mea‐ sures [inserting here her number of tons] that she is [describing here the particular kind of vessel, whether ship, brigantine, snow, schooner, sloop or whatever else, together with her build, and specifying whether she has any or no gallery or head] and the said [naming the owner or the master, or other person acting in behalf of the owner or owners, by whom the certificate of admeasurement shall have been countersigned] having agreed to the description and admeasurement above specified, and sufficient security having been given, according to the said act, the said ship or vessel has been duly enrolled at the port of [naming the port where enrolled.] Given under my hand and seal, at [naming the said port] this [inserting the particular day] day of [naming the month] in the year [specifying the number of the year in words at length]." Ibid. 23. 8. It shall and may be lawful for the collectors of the several districts to enrol and How registered license any ship or vessel, that may be registered, upon such registry being given up, or vessels may be to register any ship or vessel, that may be enrolled, upon such enrolment and license enrolled. being given up. And when any ship or vessel shall be in any other district than the one to which she belongs, the collector of such district, on the application of the master or commander thereof, and upon his taking an oath or affirmation, that according to his best knowledge and belief, the property remains as expressed in the register or enrolment proposed to be given up, and upon his giving the bonds required for granting regis ters, shall make the exchanges aforesaid; but in every such case, the collector, to whom the register or enrolment and license may be given up, shall transmit the same to the register of the treasury; and the register or enrolment and license, granted in lieu thereof, shall, within ten days after the arrival of such ship or vessel within the district to which she belongs, be delivered to the collector of the said district, and be by him cancelled. And if the said master or commander shall neglect to deliver the said register or enrolment and license, within the time aforesaid, he shall forfeit one hundred dollars.(b) Ibid. 4. Bond to obtain license for the 9. In order to the licensing of any ship or vessel, for carrying on the coasting trade or fisheries, (c) the husband or managing owner, together with the master thereof, with one or more sureties to the satisfaction of the collector granting the same, shall become coasting trade, bound to pay the United States, if such ship or vessel be of the burthen of five tons, and less than twenty tons, the sum of one hundred dollars; and if twenty tons, and not exceeding thirty tons, the sum of two hundred dollars; and if above thirty tons, and not exceeding sixty tons, the sum of five hundred dollars; and if above sixty tons, the sum of one thousand dollars, in case it shall appear, within two years from the date of the bond, that such ship or vessel has been employed in any trade, whereby the revenue of the United States has been defrauded during the time the license granted to such ship or vessel remained in force; and the master of such ship or vessel shall also swear Oath of master. (b) By the arrival of a vessel, sailing under a temporary regis ter. at her home port, within the meaning of this section, is meant an arrival. in the regular course of her employment, as to one of the termini of her voyage, or for an object connected with and making part of the business in which she was engaged. The master is not rendered liable for the penalty for the non delivery of his register, by merely touching at the port to land passengers, |