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court, and not paid by the claimants, shall be a charge upon, and be paid out of, the fund for defraying the expenses of suits in which the United States is a party or interested.

SEC. 4641. The net amount decreed for distribution to the United States, or to vessels of the Navy, shall be ordered by the court to be paid into the Treasury of the United States, to be distributed according to the decree of the court. The Treasury Department shall credit the Navy Department with each amount received to be distributed to vessels of the Navy; and the persons entitled to share therein shall be severally credited in their accounts with the Navy Department with the amounts to which they are respectively entitled. In case of vessels not of the Navy, and not controlled by any Department of the Government, the distribution shall be made by the court to the several parties entitled thereto, and the amounts decreed to them shall be divided between the owners and the ship's company, according to any written agreement between them, and in the absence of such agreement, one-half to the owners and one-half to the ship's company, according to their respective rates of pay on board; and the court may appoint a commissioner to make such distribution, subject to the control of the court, who shall make due return of his doings, with proof of actual payments by him, and who shall receive no other compensation, directly or indirectly, than such as shall be allowed him by the court. In case of vessels not of the Navy, but controlled by either Executive Department, the whole amount decreed to the captors shall be divided among the ship's company.

Payment of prize money.

Ibid., s. 15.

Distribution of

310.

SEC. 4642. All ransom-money, salvage, bounty, or pro- bounty, salvage, ceeds of condemned property, accruing or awarded to any etc. vessel of the Navy, shall be distributed and paid to the bid., s. 11, p. officers and men entitled thereto in the same manner as See sec. 3689, Appropriations. prize-money, under the direction of the Secretary of the Navy.

Recaptures.

SEC. 4652. When any vessel or other property shall have Ibid., s. 29, p. been captured by any force hostile to the United States, 314, and shall be recaptured, and it shall appear to the court that the same had not been condemned as prize before its

Note 5.-Salvage is the compensation allowed to persons by whose voluntary assistance a ship at sea or her cargo or both have been saved in whole or in part from impending sea peril, or in recovering such property from actual peril or loss, as in cases of shipwreck, derelict, or recapture. Three elements are necessary to a valid salvage claim: 1. Amarine peril; 2. Service voluntarily rendered when not required as an existing duty or from a special contract; 3. Success in whole or in part, or that the service rendered contributed to such success. Proof of success, to some extent, is as essential as proof of service; for if the property is not saved, or if it perishes, or in case of capture, if it is not retaken, no compensation will be allowed. Com pensation as salvage is not viewed by the admiralty courts merely as pay on the principle of quantum meruit, or as a remuneration pro opere et labore, but as a reward given for perilous services voluntarily rendered, and as an inducement to mariners to embark in such dangerous enterprises to save life and property. (Voluntary sailors, if not successful, are entitled to nothing. When engaged to go out to the assistance of a vessel in distress they are to be paid according to their efforts, even though the labor and service may not prove beneficial to the vessel or cargo. The Undaunted, 1 Lush, 90.) (Otto, S. C., 101, p. 384, case of the Sabine.)

To constitute a maritime derelict the property at sea must not only be abandoned, but the abandonment must be without hope of recovery. (2 Kent's Com., 357, and cases cited.) And when such derelicts are found they are to be held, by the general rule of civilized countries, perquisites or droits of the admiralty, subject to be reclaimed by the owner, but without any other claim on the part of the finder than to his reasonable salvage remuneration cases cited.) What constitutes a reasonable

See note 5.

recapture, by any competent authority, the court shall award a meet and competent sum as salvage, according to the circumstances of each case. If the captured property belonged to the United States, it shall be restored to the United States, and there shall be paid from the Treasury of the United States the salvage, costs, and expenses ordered by the court. If the recaptured property belonged to persons residing within or under the protection of the United States, the court shall adjudge the property to be restored to its owners, upon their claim, on the payment of such sum as the court may award as salvage, costs, and expenses. If the recaptured property belonged to any person permanently resident within the territory and under the protection of any foreign prince, government, or state in amity with the United States, and by the law or usage of such prince, government, or state, the property of a citizen of the United States would be restored under like circumstances of recapture, it shall be adjudged to be restored to such owner, upon his claim, upon such terms as by the law or usage of such prince, government, or state would be required of a citizen of the United States under like circumstances of recapture; or when no such law or usage shall be known, it shall be adjudged to be restored upon the payment of such salvage, costs, and expenses as the court shall order. The whole amount awarded as salvage shall be decreed to the captors, and no part to the United States, and shall be distributed as in the case of proceeds of property condemned as prize. Nothing in this Title shall be construed to contravene any treaty of the United States.

salvage remuneration is, of course, a question for judicial determination in each case. (Op., XI, p. 2, Nov. 20, 1863, Bates.)

Officers and crews of public ships of the United States are not entitled to salvage, civil or military, as of complete legal right. It is against publicpolicy. Wirt (Op., July 22, 1824) said, "it was not demandable in the case of preservation of property of the United States, because the officers and crew have done no more than their duty." Attorney-General Johnson advised that it was allowable in a case of portable foreign property (Op., 20 June, 1849). The Supreme Court allowed it in the case of the Amistad (XV Peters, 518). The Secretary has the power to forbid the demand of it by any public ship under his orders. (Op., VII, p. 756, Cushing, July 8, 1856.)

Where a vessel at sea is in imminent danger, and a part of either vessel or cargo is voluntarily sacrificed to save the rest, and the sacrifice is successful, the portion saved must contribute pro rata to make the loss good. The direct and immediate consequences of involuntary stranding not subjects of general average; after strand. ing, to avert peril surrounding vessel and cargo, owners of cargo to contribute by way of general average proportion of expenses voluntarily incurred and sacrifices voluntarily made. Injury to vessel in act of stranding not a subject of general average. (Op., IX, p. 447, July 19, 1860, Black.)

Where a vessel put into a harbor "in a furious storm," leaking, was run ashore and wrecked through no fault or misconduct on the part of the master and crew, the owners are under no legal obligation to remove the wreck, although it may be a serious obstruction to navigation. (Op., XV, p. 71. See also p. 285, as to the authority of the Government as to the removal of wrecks which are obstructions.)

The word "wrecked," as used in section 4136 Revised Statutes (concerning the registering of vessels) is applicable to a vessel which is disabled and rendered unfit for navigation, whether by the wind, waves, stranding, fire, explosion of boilers, or other casualty. (Op., XV, p. 402, Dec. 5, 1877.)

The officers and crew of a vessel in the naval marine of the United States are entitled to salvage for saving a French ship, the objection that Government vessels are not thus entitled being invalid. The rule is universal in the United States, that salvage rendered by the naval marine is to be compensated, in like manner as that rendered by the private marine. (Op., V, p. 116, June 20, 1849, Johnson. See also Op., XII, p. 289, on the subject.)

It is well settled that where a vessel is voluntarily run ashore to prevent a total loss of vessel and cargo, but is afterwards recovered so as to be able to perform her voyage, the loss resulting from the stranding is to be made good by general average contribution. The contribution applies to the Government as well as to individuals. (C. C., XV, p. 392.)

SEC. 5310. No property seized or taken upon any of the inland waters of the United States by the naval forces thereof shall be regarded as maritime prize; but all property so seized or taken shall be promptly delivered to the proper officers of the courts.

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Title 70, chap. 5.

frauding captor

June 30, 1864, s.

SEC. 5441. Every person who willfully does any act or aids or advises in the doing of any act relating to the bring- Delaying or deing in, custody, preservation, sale, or other disposition of or claimant, etc., any property captured as prize, or relating to any docu- of prize property. ments or papers connected with the property, or to any 31, v. 13, p. 315. See secs. 4613deposition or other document or paper connected with the 4652. proceedings, with intent to defraud, delay, or injure the United States or any captor or claimant of such property, shall be punished by a fine of not more than ten thousand dollars, or by imprisonment not more than five years, or both.

Sec.

QUARANTINE AND BOARD OF HEALTH.

4792. State health laws to be observed by United States officers.

Act Aug. 1, 1888. Quarantine service established.

Act Feb. 15, 1893. Vessels from in

fected ports entering United
States; penalty.

Marine Hospital and customs-offi

cers to enforce quarantine laws.

Sec.

Rules for vessels from foreign ports.
Sanitary reports to be made by con-
suls.

Inspection, etc., on arrival.

Act Mar. 3, 1893. Appropriation
for preventing epidemics.

Title 58.

State health laws

officers,

Feb. 23, 1799, s.

SEC. 4792. The quarantine and other restraints established by the health laws of any State, respecting any vessels arriving in, or bound to, any port or district thereof, larved by United shall be duly observed by the officers of the customs reve- States nue of the United States, by the masters and crews of the etc several revenue-cutters, and by the military officers com- 1, v. 1, p. 619. manding in any fort or station upon the sea-coast; and all such officers of the United States shall faithfully aid in the execution of such quarantines and health-laws, according to their respective powers and within their respective precincts, and as they shall be directed, from time to time, by the Secretary of the Treasury. But nothing in this Title shall enable any State to collect a duty of tonnage or impost without the consent of Congress.

service. Punish

grounds.

That whenever any person shall trespass upon the Aug. 1, 1888. grounds belonging to any quarantine reservation, or when- 25 Stat. L., 355. ever any person, master, pilot, or owner of a vessel enter- Quarantine ing any port of the United States, shall so enter in viola- ment, etc., upon tion of section one of the act entitled "An act to prevent quarantine the introduction of contagious or infectious diseases into 1878, Apr. 29, the United States," approved April twenty-ninth, eighteen Mar. 27, ch. 51, p. ch.66, p.157; 1890, hundred and seventy eight, or in violation of the quaran- 709. tine regulations framed under said act, such person, trespassing, or such master, pilot, or other person in command of a vessel shall, upon conviction thereof, pay a fine of not more than three hundred dollars, or be sentenced to impris onment for a period of not more than thirty days, or shall be punished by both fine and imprisonment, at the discretion of the court.

-duty of district

attorneys relat ing to.

Quarantine sta

tions established.

20, p. 581.

And it shall be the duty of the United States attorney in the district where the misdemeanor shall have been committed to take immediate cognizance of the offense, upon report made to him by any medical officer of the Marine Hospital Service, or by any officer of the customs service, or by any State officer acting under authority of section five of said act.

SEC. 2. That as soon after the passage of this act as 1888, Mar. 5, ch. practicable, the Secretary of the Treasury shall cause to be established, in addition to the quarantine established by the act approved March fifth, eighteen hundred and eightyeight, quarantine stations as follows:

Feb. 15, 1893.

One at the mouth of the Delaware Bay; one near Cape Charles, at the entrance of the Chesapeake Bay; one on the Georgia coast; one at or near Key West; one in San Diego Harbor; one in San Francisco Harbor; and one at or near Port Townsend, at the entrance to Puget Sound; and the said quarantine stations when so established shall be conducted by the Marine Hospital Service under regulations framed in accordance with the act of April twentyninth, eighteen hundred and seventy-eight.

That it shall be unlawful for any merchant ship or other 27 Stat. L., 449. Vessel from any foreign port or place to enter any port of Vessels from the United States except in acordance with the provisions to enter in viola of this act and with such rules and regulations of State and tion of this act or municipal health authorities as may be made in pursuance See note 1. of, or consistent with, this act; and any such vessel which

foreign ports not

State healthlaws

Review of laws

Note 1.-Provisions relating to the public health appear in R. S., title 58, secs. 4792relating to pub 4800. As to State quarantine laws, see 118 U.S., 455. lic health.

1878, April 29, ch. 66 (1 Supp. R. S., 157, and 20 Stat. L., 37), provides regulations to prevent the introduction of contagious or infectious diseases into the United States. Secs. 2, 3, 4 of that act are expressly repealed by 1879, June 2, ch. 11, s. 9 (21 Stat. L., 7), and were for that reason omitted from the first volume of the Supplement.

The Attorney-General, however, in an opinion dated September 1, 1892, holds that the expiration of the latter act by the limitation of its own sec. 10 has the effect of reviving the repealed sections of the act of 1878, notwithstanding the provisions of R. S., sec. 12. The act of 1878 is therefore here given in full:

Apr. 29, 1878. AN ACT to prevent the introduction of contagious or infectious diseases into the United States.

tions.

20 Stat. L., 37. Vessels from inBe it enacted, dc., That no vessel or vehicle coming from any foreign port or counfected ports en try where any contagious or infectious disease may exist, and no vessel or vehicle tering United conveying any person or persons, merchandise or animals, affected with any infec States, subject to tious or contagious disease, shall enter any port of the United States or pass the State quarantine boundary line between the United States and any foreign country, contrary to the laws and regula quarantine laws of any one of said United States, into or through the jurisdiction of which said vessel or vehicle may pass, or to which it is destined, or except in the manner and subject to the regulations to be prescribed as hereinafter provided. Consuls to reSEC. 2. That whenever any infectious or contagious disease shall appear in any for port vessels leav. eign port or country, and whenever any vessel shall leave any infected foreign port, ing infected or, having on board goods or passengers coming from any place or district infected ports. with cholera or yellow fever, shall leave any foreign port, bound for any port in the United States, the consular officer, or other representative of the United States at or nearest such foreign port shall immediately give information thereof to the Supervising Surgeon-General of the Marine Hospital Service, and shall report to him the name, the date of departure, and the port of destination of such vessel;

and shall also make the same report to the health officer of the port of destination in the United States, and the consular officers of the United States shall make weekly reports to him of the sanitary condition of the ports at which they are respectively stationed;

Surgeon Gen- and the said Surgeon General of the Marine-Hospital Service shall, under the direc eral of Marine- tion of the Secretary of the Treasury, be charged with the execution of the proviHospital Service sions of this act, and shall frame all needful rules and regulations for that purpose, to execute act. which rules and regulations, shall be subject to the approval of the President, but such rules and regulations shall not conflict with or impair any sanitary or quaran

shall enter, or attempt to enter, a port of the United States -penalty. in violation thereof shall forfeit to the United States a sum, to be awarded in the discretion of the court, not exceeding five thousand dollars, which shall be a lien upon said vessel, to be recovered by proceedings in the proper district court of the United States.

In all such proceedings the United States district attor- Proceedings. ney for such district shall appear on behalf of the United States; and all such proceedings shall be conducted in accordance with the rules and laws governing cases of seizure of vessels for violation of the revenue laws of the United States.

to be obtained

ch. 300, p. 334.

SEC. 2. That any vessel at any foreign port clearing for Bill of health any port or place in the United States shall be required to from consul. obtain from the consul, vice-consul, or other consular offi-1894, Aug. 18, cer of the United States at the port of departure, or from the medical officer where such officer has been detailed by the President for that purpose, a bill of health, in duplicate, in the form prescribed by the Secretary of the Treasury, setting forth the sanitary history and condition of said vessel, and that it has in all respects complied with the rules and

tine laws or regulations of any State or municipal authorities now existing or which may hereafter be enacted.

SEC. 3. That it shall be the duty of the medical officers of the Marine-Hospital Marine - HospiService and of customs officers to aid in the enforcement of the national quarantine tal and customs rules and regulations established under the preceding section; but no additional officers to enforce compensation shall be allowed said officers by reason of such services as they may be quarantine laws. required to perform under this act, except actual and necessary traveling expenses.

SEC. 4. That the Surgeon-General of the Marine-Hospital Service shall, upon re- Surgeon - Genceipt of information of the departure of any vessel, goods, or passengers from infected cral of Marino places to any port in the United States, immediately notify the proper State or muni- Hospital to noti cipal and United States officer or officers at the threatened port of destination of the fy collectors and vessel, and shall prepare and transmit to the medical officers of the Marine Hospital to transmit Service, to collectors of customs, and to the State and municipal health authorities weekly abstracts in the United States, weekly abstracts of the consular sanitary reports and other of sanitary repertinent information received by him. ports to certain officers.

SEC. 5. That wherever, at any port of the United States, any State or municipal Officers of State quarantine system may now, or may hereafter exist, the officers or agents of such quarantine syssystem shall, upon the application of the respective State or municipal authorities, tem may act as be authorized and empowered to act as officers or agents of the national quarantine officers of nationsystem, and shall be clothed with all the powers of United States officers for quar- al system, when. antine purposes, but shall receive no pay or emoluments from the United States.

At all other ports where, in the opinion of the Secretary of the Treasury, it shall Duties of offi be deemed necessary to establish quarantine, the medical officers or other agents of cers of Marinethe Marine Hospital Service shall perform such duties in the enforcement of the Hospital Service. quarantine rules and regulations as may be assigned them by the Surgeon-General R. S., secs. 4801of that service under this act:

Provided, That there shall be no interference in an manner with any quarantine laws or regulations as they now exist or may hereafter be adopted under State laws.

SEC. 6. That all acts or parts of acts inconsistent with this act be, and the same are hereby, repealed.

A National Board of Health was created by 1879, March 3, ch. 202 (1 Supp. R. S., 261, and 20 Stat. L., 484). This Board, after failing for a number of years to receive any appropriations for current salaries and expenses, is abolished by sec. 9 of this act. The several acts relating to it are summarized in 143 U. S., 578.

1879, June 14, Res. No. 6 (1 Šupp. R. S., 273), authorizes the Secretary of the Navy to place vessels or hulks not required for other uses at the disposal of quarantine authorities.

1888, August 1, ch. 727 (1 Supp. R. S., 600), provides punishment for violating quarantine regulations, and for the establishment of additional quarantine stations. 1890, March 27, ch. 51 (1 Supp. R. S., 709), provides against the introduction of contagious diseases from one State to another, and for the punishment of certain offenses against the quarantine laws.

"Persons suffering from a loathsome or a dangerous contagious disease" are excluded from entering the United States by 1891, March 3, ch. 551, s. 1 (1 Supp. R. S.,

4806; 1890, March 27, ch. 51, s. 2 (1 Supp. R. S., 710). State laws not to be interfered with. R.S., sec. 4791; 118 U. S., 464.

Repeal.

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