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said or any other person; and that the papers accompanying include all those 2 June 1862. relating to the said contract, as required by the statute in such case made and provided." Punishment of And any officer convicted of falsely and corruptly swearing to such affidavit, shall be false swearing. subject to all the pains and penalties now by law inflicted for wilful and corrupt

perjury.

Ibid. 4.

5. Any officer making contracts as aforesaid, and failing or neglecting to make returns Ibid. 23. of the same, according to the provisions of this act, unless from unavoidable accident Penalty for not and not within his control, shall be deemed, in every case of such failure or neglect, making returns. to be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not less than one hundred dollars, nor more than five hundred dollars, and be imprisoned for not more than six months, at the discretion of the court trying the same. 6. It shall be the duty of the secretary of the interior, immediately after the passage of this act, to provide a fit and proper apartment in his department, to be called the Returns office ee"Returns Office," within which to file the returns required by this act to be filed, and tablished. to appoint a clerk to attend to the same, who shall be entitled to an annual salary of Clerk. twelve hundred dollars, and whose duty it shall be to file all returns made to said office, His duties. so that the same may be of easy access, filing all returns made by the same officer in the same place, and numbering them as they are made in numerical order. He shall also provide and keep an index book, with the names of the contracting parties, and the number of each and every contract opposite to the said names and he shall submit the said index book and returns to any person desiring to inspect the same; and he shall also furnish copies of said returns to any person paying for said copies to said clerk, at the rate of five cents for every one hundred words, to which said copies certificates shall be appended in every case by the clerk making the same, attesting their correctness, and that each copy so certified is a full and complete copy of said return; which return, so certified under the seal of the department, shall be evidence in all prosecutions under this act.

issued.

7. It shall be the duty of the secretary of war, of the secretary of the navy, and of Ibid. 25. the secretary of the interior, immediately after the passage of this act, to furnish each Letters of inand every officer severally appointed by them with authority to make contracts on struction to be behalf of the government, with a printed letter of instructions, setting forth the duties of such officer under this act; and also to furnish therewith forms, printed in blank, of contracts to be made, and the affidavit of returns required to be affixed thereto, so that all the instruments may be as nearly uniform as possible.

12 Stat. 596.

8. All contracts made for, or orders given for the purchase of, goods or supplies by 17 July 1862 ? 13. any department of the government, shall be promptly reported to congress by the proper head of such department, if congress shall at the time be in session, and if not in ses- Contracts to be sion, said reports shall be made at the commencement of the next ensuing session.

reported to congress.

Ibid. 14.

9. No contract or order, or any interest therein, shall be transferred by the party or parties to whom such contract or order may be given, to any other party or parties; Not to be transand any such transfer shall cause the annulment of the contract or order transferred, ferable. so far as the United States are concerned: (a) Provided, That all rights of action are hereby reserved to the United States for any breach of such contract by the contracting party or parties.

Ibid. 15.

10. Every person who shall furnish supplies of any kind to the army or navy, shall be required to mark and distinguish the same with the name or names of the contractors Supplies to be so furnishing said supplies, in such manner as the secretary of war and the secretary marked with conof the navy may respectively direct; and no supplies of any kind shall be received unless so marked and distinguished.

tractor's name.

and navy conable by court

tractors to be tri

martial.

11. Whenever any contractor for subsistence, clothing, arms, ammunition, munitions Ibid. 16. of war, and for every description of supplies for the army or navy of the United States, Fraudulent army shall be found guilty by a court martial of fraud or wilful neglect of duty, he shall be punished by fine, imprisonment or such other punishment as the court martial shall adjudge; and any person who shall contract to furnish supplies of any kind or description for the army or navy, he shall be deemed and taken as a part of the land or naval forces of the United States, for which he shall contract to furnish said supplies, and be subject to the rules and regulations for the government of the land and naval forces of the United States.

12 Stat. 624.

12. It shall be the duty of the several executive departments of the government to 12 July 1862 § 1. publish in one of the daily newspapers of the city of Washington, on Tuesday of each week, a list of all contracts which shall have been solicited or proposed to each, respec- Weekly list of tively, during the week next preceding; which list shall state briefly the subject-matter published. of each contract so solicited or proposed to be made, its terms, the name of the pro

proposals to be

(a) This does not apply to a contract assigned before its passage. Chollar v. United States, 2 N. & H. 319; Robertson v. United States, Ibid. 322. See 10 Opin. 523.

12 July 1862. posed contractor and of all persons known to be interested therein, directly or indirectly, and of all persons who solicit, request or recommend the making of any such contract: Provided, That the foregoing provision shall not be applicable to bids made in pursuance of advertisements for contracts or purchases made under existing laws, but shall apply to all proposed modifications of existing contracts.

18 May 1866

14 Stat. 50.

Contracts to be advertised in papers of the largest circulatiou.

6.

2 Mar. 1867 10. 14 Stat. 467.

13. All advertising, notices and proposals for contracts for the post office department, and all advertising, notices and proposals for contracts for all the executive departments of the government, required by law to be published in the city of Washington, shall hereafter be advertised by publication in the two daily newspapers in the city of Washington having the largest circulation, and in no others: Provided, That the charges for such publications shall not be higher than such as are paid by individuals for advertising in said papers: And provided also, That the same publications shall be made in each of said papers equally as to frequency, and that the circulation of such papers shall be determined upon the tenth day of June annually. And the publishers of all papers competing for such advertising shall furnish a sworn statement of their bonâ fide paid circulation of each regular issue for the preceding three months; and shall in like manner certify under oath that such circulation has not, during the said three months, been increased by any gratuitous circulation, by a reduction in price helow the ordinary and usual price of such papers, or by any other means, for the purpose of obtaining the official advertising: Provided, That the charge for such advertising shall not be greater than is paid for the same publications in other cities, or at a higher rate than is paid by individuals for like advertising.

14. All advertisements, notices and proposals for contracts for all the executive departments of the government, and the laws passed by congress, and executive procTo be published lamations and treaties, shall hereafter be advertised by publication in the two daily in papers designated by con papers published in the District of Columbia, now selected under the act of the first gress. session of the thirty-ninth congress making appropriations for the service of the postoffice department, during the fiscal year ending the 30th of June 1867, and for other purposes, until otherwise ordered by congress, and in no other District of Columbia papers: Provided, That the charges for such publication shall not be higher than such as are paid by individuals for advertising in said papers: And provided also, That the same publications shall be made in each of said papers equally as to frequency: Provided further, That all printing of any kind ordered by the executive departments shall be executed by the government printer when practicable, and if not, at such office as may be designated by the clerk of the house of representatives, at rates not exceeding the current rates for such printing.

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3 March 1863 24. 12 Stat. 719.

15. All advertisements, notices, proposals for contracts, executive proclamations, treaties and laws to be published in the District of Columbia, Maryland and Virginia, shall be published in the papers now selected under the provisions of section ten of an act approved March 2d 1867, entitled, "An act making appropriations for sundry civil expenses of the government for the year ending June 30th 1868, (a) and for other purposes," and shall also be published in the paper selected under the provisions of the second section of this act: Provided, That no advertisement to any state, district or territory other than the District of Columbia, Maryland or Virginia, shall be published in the papers designated, unless at the direction first made of the proper head of a department.

16. It shall not be lawful for any of the executive departments to make contracts for stationery or other supplies, for a longer term than one year from the time the contract is made. And whenever proposals for supplies have been solicited, the parties responding to such solicitation shall be duly notified of the time and place of opening the bids, and be permitted to be present either in person or by attorney; and a record of each bid shall then and there be made.

II. CONTRACTS FOR THE SALE OF COIN, ETC.

17. All contracts for the purchase or sale of gold or silver coin, or bullion, and all contracts for the loan of money or currency secured by pledge or deposit, or other disContracts for sale position of gold or silver coin of the United States, if to be performed after a period

of coin to be in writing.

exceeding three days, shall be in writing or printed, and signed by the parties or their agents or attorneys, and shall have one or more adhesive stamps, as provided in the act to which this is an amendment, equal in amount to one-half of one per centum and interest at the rate of six per centum per annum on the amount so loaned, pledged or deposited.(b) And if any such loan, pledge or deposit, made for a period not exceeding three days, shall be renewed or in any way extended for any time whatever, said loan,

(a) 14 Stat. 467. These various acts, involving no principle of public good, are inserted in the digest, as it is almost a matter of impossibility to determine how far one repeals the other by im

plication, or what is really intended by congress.
(b) Altered by act 30 June 1864. ? 99, as amended by act 13
July 1866: see tit. "Internal Revenue," 279.

pledge or deposit shall be subject to the duty imposed on loans exceeding three days. 3 March 1863. And no loan of currency or money on the security of gold or silver coin of the United Limitation of States as aforesaid, or of any certificate or other evidence of deposit payable in gold or loans ou coin. silver coin, shall be made exceeding in amount the par value of the coin pledged or deposited as security; and any such loan so made, or attempted to be made, shall be utterly void: Provided, That if gold or silver coin be loaned at its par value, it shall be subject only to the duty imposed on other loans: Provided, however, That nothing herein contained shall apply to any transaction by or with the government of the United States.

Ibid. 25.

to be void.

18. All contracts, loans or sales of gold and silver coin and bullion, not made in accordance with this act, shall be wholly and absolutely void; and in addition to the Contracts in viopenalties provided in the act to which this is an amendment, any party to said contract lation of the act may, at any time within one year from the date of the contract, bring suit before any court of competent jurisdiction, to recover back, for his own use and benefit, the money paid on any contract not made in accordance with this act.

Coolie Trade.

1. American citizens and residents not to engage in the coolie

trade. Vessels employed in such trade to be forfeited.

2. Penalty for fitting out vessels for the coolie trade. 3. Punishment for shipping coolies.

4. Not to interfere with voluntary emigration. Consular certificate.

5. Acts relating to passenger vessels revived as to the carrying

of passengers between two foreign ports.

6. Vessels of war to examine suspected vessels, and to send them into port for adjudication.

7. Extended to Japan, &c.

12 Stat. 340.

American citi

Zeus and resi

dents not to en

gage in the coolie

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in such trade to

1. No citizen or citizens of the United States, or foreigner coming into or residing 19 Feb. 1862 1. within the same, shall for himself or for any other person whatsoever, either as master, factor, owner or otherwise, build, equip, load or otherwise prepare any ship or vessel, or any steamship or steam-vessel registered, enrolled or licensed in the United States, or any port within the same, for the purpose of procuring from China, or from any port or place therein, or from any other port or place, the inhabitants or subjects of China, known as "coolies," to be transported to any foreign country, port or place whatever, to be disposed of, or sold, or transferred for any term of years, or for any time whatever, as servants or apprentices, or to be held to service or labor. And if any ship or vessel, Vessels employed steamship or steam-vessel, belonging in whole or in part to citizens of the United States, be forfeited. and registered, enrolled or otherwise licensed as aforesaid, shall be employed for the said purposes, or in the "coolie trade," so called, or shall be caused to procure or carry from China or elsewhere, as aforesaid, any subjects of the government of China, for the purpose of transporting or disposing of them as aforesaid, every such ship or vessel, steamship or steam-vessel, her tackle, apparel, furniture and other appurtenances shall be forfeited to the United States, and shall be liable to be seized, prosecuted and condemned in any of the circuit courts or district courts of the United States for the district where the said ship or vessel, steamship or steam-vessel may be found, seized or carried.

Ibid. 22. Penalty for fitting out vessels

for the coolie

2. Every person who shall so build, fit out, equip, load or otherwise prepare, or who shall send to sea or navigate, as owner, master, factor, agent or otherwise, any ship or vessel, steamship or steam-vessel, belonging in whole or in part to citizens of the United States, or registered, enrolled or licensed within the same, or at any port thereof, know- trade. ing or intending that the same shall be employed in that trade or business aforesaid, contrary to the true intent and meaning of this act, or in anywise aiding or abetting therein, shall be severally liable to be indicted therefor, and on conviction thereof, shall be liable to a fine not exceeding two thousand dollars and be imprisoned not exceeding one year.

Ibid. 23.

3. If any citizen or citizens of the United States shall, contrary to the true intent and meaning of this act, take on board of any vessel, or receive or transport any such Punishment for persons as are above described in this act, for the purpose of disposing of them as afore shipping coolies. said, he or they shall be liable to be indicted therefor, and on conviction thereof, shall be liable to a fine not exceeding two thousand dollars and be imprisoned not exceeding one year.

Ibid. § 4.

emigration.

4. Nothing in this act hereinbefore contained shall be deemed or construed to apply to or affect any free and voluntary emigration of any Chinese subject, or to any vessel Not to interfere carrying such person as passenger on board the same: Provided, however, That a permit with voluntary or certificate shall be prepared and signed by the consul or consular agent of the United States residing at the port from which such vessel may take her departure, containing the name of such person, and setting forth the fact of his voluntary emigration from

19 Feb. 1862.

such port or place, which certificate shall be given to the master of such vessel; but Consular certifi- the same shall not be given until such consul or consular agent shall be first personally satisfied by evidence produced of the truth of the facts therein contained.

cate.

Ibid. 25. Acts relating to

passenger vessels carrying of passengers between

revived as to the

two foreign ports.

Ibid. 26.

ed vessels.

5. All the provisions of the act of congress approved February 22d 1847, (a) entitled "An act to regulate the carriage of passengers in merchant vessels," and all the provisions of the act of congress approved March 3d 1849, (b) entitled "An act to extend the provisions of all laws now in force relating to the carriage of passengers in merchant vessels and the regulation thereof," shall be extended and shall apply to all vessels owned in whole or in part by citizens of the United States, and registered, enrolled or licensed within the United States, propelled by wind or by steam, and to all masters thereof, carrying passengers or intending to carry passengers from any foreign port or place without the United States to any other foreign port or place without the United States; and all penalties and forfeitures provided for in said act shall apply to vessels and masters last aforesaid.

6. The president of the United States shall be and he is hereby authorized and emVessels of war to powered, in such way and at such time as he shall judge proper, to the end that the examine suspect provisions of this act may be enforced, according to the true intent and meaning thereof, to direct and order the vessels of the United States, and the masters and commanders thereof, to examine all vessels navigated or owned in whole or in part by citizens of the United States, and registered, enrolled or licensed under the laws of the United States, wherever they may be, whenever, in the judgment of such master or commanding officer thereof, reasonable cause shall exist to believe that such vessel has on board, in And to send them violation of the provisions of this act, any subjects of China known as "coolies," for the purpose of transportation, and upon sufficient proof that such vessel is employed in violation of the provisions of this act, to cause such vessel to be carried, with her officers and crew, into any port or district within the United States, and delivered to the marshal of such district, to be held and disposed of according to the provisions of this

into port for adjudication.

9 Feb. 1869 1. 15 Stat. 260.

Extended to Japan, &c.

act.

7. All the provisions of an act entitled "An act to prohibit the coolie trade by American citizens in American vessels," approved February 19, 1862, shall be extended so as to include and embrace the inhabitants or subjects of Japan, or of any other oriental country, known as coolies, in the same manner and to the same extent as such act and its provisions apply to the inhabitants and subjects of China.

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5 Feb. 1859 26. 11 Stat. 380.

Ibid. § 8.

to copyright

transferred from department of

gressional library.

5. In case of default, after demand, copyright to be void.
6. Subsequent editions, &c.
7. Penalty for neglect.

8. To be free of postage.

1. The tenth section of an act entitled "An act to establish the Smithsonian Institution for the increase and diffusion of knowledge among men," approved August 10th 1846, (c) is hereby repealed.

2. All books, maps, charts and other publications of every nature whatever heretoDuties in relation fore deposited in the department of state, according to the laws regulating copyrights, together with all the records of the department of state, in regard to the same, shall be removed to, and be under the control of the department of the interior, which is state to depart hereby charged with all the duties connected with the same, and with all matters pertaining to copyright, in the same manner and to the same extent that the department of state is now charged with the same; and hereafter all such publications of every nature whatever shall, under present laws and regulations, be left with and kept by him.

ment of the interior.

Copies to be there deposited.

5 March 1865 @ 1. 13 Stat. 540.

3. The provisions of said act (d) shall extend to and include photographs and the negatives thereof, which shall hereafter be made, and shall enure to the benefit of the Copyright law to authors of the same, in the same manner and to the same extent, and upon the same include photoconditions, as to the authors of prints and engravings.

graphs, &c.

Ibid. 2.

4. A printed copy of every book, pamphlet, map, chart, musical composition, print, Copies of copy engraving or photograph, for which copyright shall be secured under said acts, shall right publicabe transmitted free of postage or other expense by the author or proprietor thereof, within one month of the date of publication, to the library of congress at Washing

tions to be transmitted to the

(a) 9 Stat. 127.

(b) 9 Stat. 399. See 10 Stat. 720-1.

(c) 1 vol. 194, pl. 4.
(d) 3 February 1831, 1 vol. 193.

ton, for the use of said library; and the librarian of congress is hereby required to give a receipt in writing for the same.

3 March 1865.

congressional

Ibid. § 3.

fault, after de

5. If any proprietor of a book, pamphlet, map, chart, musical composition, print, library. engraving or photograph, for which a copyright shall be secured as aforesaid, shall neglect to deliver the same pursuant to the requirement of this act, it shall be the duty In case of deof the librarian of congress to make demand thereof in writing, at any time within mand, copyright twelve months after the publication thereof: and in default of the delivery thereof to be void. within one month after the demand shall have been made, the right of exclusive publication secured to such proprietor, under the acts of congress respecting copyright, shall be forfeited.

6. In the construction of this act the word "book" shall be construed to mean Ibid. 84. every volume and part of a volume, together with all maps, prints or other engravings Subsequent edibelonging thereto; and shall include a copy of any second or subsequent edition which tions, &c. shall be published with any additions, whether the first edition of such book shall have been published before or after the passing of this act: Provided, however, That it shall not be requisite to deliver to the said library any copy of the second or any subsequent edition of any book, unless the same shall contain additions as aforesaid, nor of any book which is not the subject of copyright.

14 Stat. 395.

glect.

7. Every proprietor of a book, pamphlet, map, chart, musical composition, print, 18 Feb. 1867 21. engraving or photograph, for which a copyright shall have been secured, who shall fail to deliver to the library of congress, at Washington, a printed copy of every such book, Penalty for nepamphlet, map, chart, musical composition, print, engraving or photograph, within one month after publication thereof, shall, for every such default, be subject to a penalty of twenty-five dollars, to be collected, by the librarian of congress, in the name of the United States, in any district or circuit court of the United States within the jurisdiction of which the delinquent may reside or be found.

Ibid. 2.

8. Every such proprietor may transmit any book, pamphlet, map, chart, musical composition, print, engraving or photograph, for which he may have secured a copy- To be free of right, to the librarian of congress, by mail, free of postage, provided the words " copy- postage. right matter" be plainly written or printed on the outside of the package containing the same; and it shall be the duty of the several postmasters and deputy postmasters to give a receipt for the same, if requested, and when such package shall be delivered to them, or any of them, to see that the same is safely forwarded to its destination by mail, without cost or charge to said proprietor.

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12 Stat. 765.

judges.

1. There shall be appointed by the president, by and with the advice and consent of 8 March 1863 1 the senate, two additional judges for the said court, to hold their office during good behavior, who shall be qualified in the same manner, discharge the same duties and Additional receive the same compensation as now provided in reference to the judges of said court; and from the whole number of said judges the president shall, in like manner, appoint a chief justice for said court.

Ibid. 2.

2. All petitions and bills praying or providing for the satisfaction of private claims against the government, founded upon any law of congress, or upon any regulation Jurisdiction enof an executive department, or upon any contract, express or implied, with the gov. larged. ernment of the United States, shall, unless otherwise ordered by resolution of the house in which the same are presented or introduced, be transmitted by the secretary of the senate or the clerk of the house of representatives, with all the accompanying documents, to the court aforesaid.(a)

(a) This court has no jurisdiction of cases arising under the revenue laws. Nichols v. United States, 7 Wall. 122.

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