lations and penalties, and be entitled to the same fees as the marshal of the district court of the United States for the present territory of Washington, and shall, in addition, be paid two hundred dollars annually as a compensation for extra services. 26 May 1864. Ibid. 2 15 14. Until otherwise provided by law, the governor of said territory may define the judicial districts of said territory, (a) and assign the judges who may be appointed for Judicial districts. said territory to the several districts, and also appoint the times and places for holding courts in the several counties or subdivisions in each of said judicial districts, by proclamation to be issued by him; but the legislative assembly, at their first or any subsequent session, may organize, alter or modify such judicial districts, and assign the judges and alter the times and places of holding the courts as to them shall seem proper and convenient. 14 Stat. 426. probate courts. 15. The probate courts of the territory of Montana, in their respective counties, in 2 March 1867 ? 2. addition to their probate jurisdiction, are hereby authorized to hear and determine civil causes wherein the damage or debt claimed does not exceed five hundred dollars, and Jurisdiction of such criminal cases arising under the laws of the territory as do not require the intervention of a grand jury: Provided, That they shall not have jurisdiction in any matter in controversy when the title or right to the peaceable possession of land may be in dispute, or chancery or divorce causes: And provided further, That in all cases an appeal may be taken from any order, judgment or decree of said probate court to the district court. 16. The chief justice and associate justices of said territory and the territory of Idaho, shall each receive an annual salary of thirty-five hundred dollars. &c. Ibid. 23. Ibid. 4. 17. The judges of the supreme court of said territory, or a majority of them, shall, when assembled at the seat of government of said territory, define the judicial districts Judges to define of said territory, and assign the judges who may be appointed for said territory to the judicial districts several districts, and shall also fix and appoint the times and places for holding the courts in the several counties or subdivisions in each of said judicial districts, and alter the times and places of holding the courts as to them shall seem proper and convenient, but not less than two terms shall be held at each place of holding court each year. V. LANDS AND LAND OFFICES. al. 13 Stat. 89. 18. There shall also be appointed by the president of the United States, by and with 26 May 1864 3 10. the advice and consent of the senate, a surveyor-general for said territory, who shall locate his office at such place as the secretary of the interior shall, from time to time, Surveyor-generdirect, and whose duties, powers, obligations, responsibilities, compensation and allowances for clerk-hire, office-rent, fuel and incidental expenses shall be the same as those of the surveyor-general of New Mexico, under the direction of the secretary of the interior, and such instructions as he may, from time to time, deem it advisable to give. Ibid. 14. 19. When the lands in the said territory shall be surveyed under the direction of the government of the United States, preparatory to bringing the same into market, sec- School lands. tions numbered sixteen and thirty-six in each township in said territory shall be and the same are hereby reserved, for the purpose of being applied to schools in said territory and in the states and territories hereafter to be erected out of the same. 14 Stat. 542. 20. The public lands within the territories of Montana and Arizona, to which the 2 March 1867 2. Indian title is or shall be extinguished, shall each respectively constitute a new land district to be called the Montana district, and the Arizona district, respectively; and the Montana district. president is hereby authorized to appoint, by and with the advice and consent of the senate, a register and receiver of public moneys for each of said districts, respectively, who shall be required to reside at the places at which said offices shall be located; and they shall have the same powers, perform the same duties, and be entitled to the same compensation as are or may be prescribed by law in relation to land offices of the United States in other territories. 21. The secretary of the interior is hereby authorized to locate said offices of surveyor-general and registers and receivers of public moneys. VI. COLLECTION DISTRICTS. Ibid. 22. 14 Stat. 33. 22. That the territories of Montana and Idaho be and the same are hereby made a 13 April 1866 z 2. new collection district, to be called the district of Montana and Idaho; and that a collector, with the same salary as is above provided (b) for each of the collectors of Port District of MonHuron and Michigan, shall be appointed to reside at the port of entry in said district, which shall be designated by the secretary of the treasury. VII. MISCELLANEOUS PROVISIONS. tana and Idaho. 13 Stat. 90. 23. The governor, secretary, chief justice and associate justices, attorney and marshal 26 May 1964 ? 11 shall be appointed by the president of the United States, by and with the advice and consent of the senate. The governor and secretary to be appointed as aforesaid shall, Appointment of before they act as such respectively, take an oath or affirmation before the district judge, cers. territorial offi (a) See infra 17. VOL. II.-28 (b) See Tit. "Michigan" 18. 26 May 1864. Oath of office. Salaries. members of as or some justice of the peace in the limits of said territory, duly authorized to administer oaths and affirmations by the laws now in force therein, or before the chief justice or some associate justice of the supreme court of the United States, to support the constitution of the United States, and faithfully to discharge the duties of their respective offices; which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken; and such certificates shall be received and recorded by the said secretary among the executive proceedings; and the chief justice and associate justices, and all civil officers in said territory, before they act as such, shall take a like oath or affirmation before the said governor or secretary, or some judge or justice of the peace of the territory who may be duly commissioned and qualified, or before the chief justice or some associate justice of the supreme court of the United States, which said oath or affirmation shall be certified and transmitted by the person taking the same to the secretary, to be by him recorded as aforesaid; and afterwards the like oath or affirmation shall be taken, certified and recorded in such manner and form as may be prescribed by law. And any person who has heretofore been appointed chief justice or associate justice of the territory of Idaho, who has not yet taken the oath of office, as prescribed by the act organizing said territory, may take said oath or affirmation before the chief justice or some associate justice of the supreme court of the United States. The governor shall receive an annual salary of two thousand five hundred dollars; ** the secretary shall receive an annual salary of two thousand dollars; the said salaries shall be paid quarter-yearly from the dates of the respective appointments at the treasury of the United States; but no payment shall be made until said Compensation of officers shall have entered upon the duties of their respective appointments. The members of the legislative assembly shall be entitled to receive four dollars each per day during their attendance at the sessions thereof, and four dollars each for every twenty miles' travel in going to and returning from said sessions, estimated according to the nearest usually travelled route; and an additional allowance of four dollars per day shall be paid to the presiding officer of each house for each day he shall so preside. And a chief clerk, one assistant clerk, one engrossing and one enrolling clerk, a sergeant-at-arms and doorkeeper may be chosen for each house; and the chief clerk shall receive four dollars per day, and the said other officers three dollars per day during the session of the legislative assembly; but no other officers shall be paid by the United States: Provided, That there shall be but one session of the legislative assembly annually, unless, on an extraordinary occasion, the governor shall think proper to call Appropriations. the legislative assembly together. There shall be appropriated annually the usual sum, to be expended by the governor, to defray the contingent expenses of the territory, including the salary of the clerk of the executive department; and there shall also be appropriated annually a sufficient sum, to be expended by the secretary of the territory, and upon an estimate to be made by the secretary of the treasury of the United States, to defray the expenses of the legislative assembly, the printing of the laws and other incidental expenses; and the governor and secretary of the territory shall, in the disbursement of all moneys intrusted to them, be governed solely by the instructions of the secretary of the treasury of the United States, and shall semi-annually account to the said secretary for the manner in which the aforesaid moneys shall have been expended; and no expenditure shall be made by said legislative assembly for objects not specially authorized by the acts of congress making the appropriations, nor beyond the sums thus appropriated for such objects. sembly. Officers of the legislature. Sessions of the legislature. Disbursements. Ibid. 12. First session of the assembly. Seat of govern ment. Ibid. 13. Delegate to congress. 24. The legislative assembly of the territory of Montana shall hold its first session at such time and place in said territory as the governor thereof shall appoint and direct; and at said first session, or as soon thereafter as they shall deem expedient, the governor and legislative assembly shall proceed to locate and establish the seat of government for said territory at such place as they may deem eligible: Provided, That the seat of government fixed by the governor and legislative assembly shall not be at any time changed except by an act of the said assembly duly passed, and which shall be approved, after due notice, at the first general election thereafter, by a majority of the legal votes cast on that question. 25. A delegate to the house of representatives of the United States, to serve for the term of two years, who shall be a citizen of the United States, may be elected by the voters qualified to elect members of the legislative assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the delegates from the several other territories of the United States to the said house of representatives; but the delegate first elected shall hold his seat only during the term of the congress to which he shall be elected. The first election shall be held at such time and places, and be conducted in such manner as the governor shall appoint and direct; and at all subsequent elections the time and places, and manner of holding the elections, shall be prescribed by law; the person having the greatest number of legal votes shall be 26 May 1864. declared by the governor to be duly elected, and a certificate thereof shall be given accordingly. The constitution and all laws of the United States, which are not locally Laws of the Uniinapplicable, shall have the same force and effect within the said territory of Montana tend to Montana. as elsewhere within the United States. ted States to ex 26. All officers to be appointed by the president of the United States, by and with the Ibid. 14. advice and consent of the senate, for the territory of Montana, who, by virtue of the Disbursing offprovisions of any law now existing, or which may be enacted by congress, are required cers to give secuto give security for moneys that may be intrusted with them for disbursement, shall give such security at such time and in such manner as the secretary of the treasury may prescribe. rity. Ibid. 17. 27. All treaties, laws and other engagements made by the government of the United States with the Indian tribes inhabiting the territory embraced within the provisions of Indian treaties to this act, shall be faithfully and rigidly observed, anything contained in this act to the remain in force. contrary notwithstanding; and that the existing agencies and superintendencies of said Indians be continued, with the same powers and duties which are now prescribed by law, except that the president of the United States may, at his discretion, change the location of the office of said agencies or superintendents. 12 Stat. 558. Tonnage duties increaeed. 1. Upon all ships, vessels or steamers which, after the 31st day of December 1862, 14 July 1862 ? 15. shall be entered at any custom-house in the United States, from any foreign port or place, or from any port or place in the United States, whether ships or vessels of the United States, or belonging wholly or in part to subjects of foreign powers, there shall be paid a tax or tonnage duty of [ten] cents per ton of the measurement of said vessel, in addition to any tonnage duty now imposed by law: (a) Provided, That the said tax or tonnage duty shall not be collected more than once in each year on any ship, vessel or steamer having a license to trade between different districts of the United States, or to carry on the bank, whale or other fisheries, whilst employed therein, or on any ship, vessel or steamer, to or from any port or place in Mexico, the British provinces of North America, or any of the West India islands: (b) Provided also, That nothing in this act contained shall be deemed in anywise to impair any rights and privileges which have been, or may be acquired by any foreign nation, under the laws and treaties of the United States relative to the duty on tonnage of vessels. (c) 13 Stat. 12. coasting vessels. 2. The term "license," in the first proviso to the 15th section of the act, entitled "An 29 Feb. 1864 ? 2. act increasing temporarily the duties on imports, and for other purposes," approved July 14th 1862, shall be held to extend to all vessels authorized by law to engage in the Exception of coasting trade, whether sailing under registers or enrolments and licenses. 3. That so much of an act, entitled "An act for the regulation of seamen on board the public and private vessels of the United States," approved the 3d of March 1813, (d) as makes it not lawful to employ on board any of the public or private vessels of the Certain acts reUnited States, any person or persons except citizens of the United States or persons of (a) See infra 4. (b) By act 3 March 1863, 4, to include any ship, vessel or steamer, to or from any port or place sonth of Mexico, down to and including Aspinwall and Panama. 12 Stat. 742. See infra 2. 28 June 1864 1 13 Stat. 201. pealed. (c) This section does not repeal the 2d section of the act 2 March 1831, ante 162, pl. 40. 10 Opin. 481. (d) 1 vol. 604, pl. 5. 28 June 1864. color, natives of the United States; and so much of the 3d, 5th, 6th and 7th sections 3 Mar. 1865 4. 13 Stat. 493. of tonnage du ties. of "An act concerning the navigation of the United States," approved the 1st of March 1817, (a) as concerns the crews of vessels therein named; and so much of the 1st section of an act, entitled "An act to repeal the tonnage duties upon ships and vessels of the United States and upon certain foreign vessels," approved the 31st of May 1830, (b) as makes discrimination in favor of vessels, certain proportions of whose crews shall be citizens of the United States, shall be and the same are hereby repealed: Provided, however, That officers of vessels of the United States shall in all cases be citizens of the United States. 4. That section fifteen of an act, entitled "An act increasing temporarily the duties on imports, and for other purposes," approved July 14th 1862, be and the same hereby Further increase is amended, so as to impose a tax or tonnage duty of thirty cents per ton, in lieu of "ten cents," as therein mentioned: Provided, That the receipts of vessels paying tonnage duty shall not be subject to the tax provided in section 103 of "An act to provide internal revenue to support the government, to pay interest on the public debt, and for other purposes," approved June 30th 1864, (c) nor by any act amendatory thereof: Provided further, That no ship, vessel or steamer, having a license to trade between different districts of the United States, or to carry on the bank, whale or other fisheries, nor any ship, vessel or steamer to or from any port or place in Mexico, the British provinces of North America, or any of the West India islands, or in all these trades, shall be required to pay the tonnage duty contemplated by this act, more than once a year. 18 July 1866 21. 14 Stat. 183. steam tug-boats. 5. All steam tug-boats, not of the United States, found employed in towing documented vessels of the United States, plying from one port or place in the same to another, Tonnage duty on shall forfeit and pay the sum of fifty cents per ton on the admeasurement of every such vessel so towed by them respectively, as aforesaid, which sum may be recovered by way of libel or suit: "Provided, That this section shall not apply, or be held to apply, to any case where the said towing, in whole or in part, is within or upon foreign waters: And provided, That any foreign railroad company or corporation, whose road enters the United States by means of a ferry or tug-boat, may own such boat, and it shall be subject to no other or different restrictions or regulations in such employment, than if owned by a citizen of the United States.”(d) Ibid. 28. When tonnage 6. All vessels which, under the provisions of the fifteenth section of the act entitled "An act increasing temporarily the duties on imports, and for other purposes," approved duty to be paid. July 14, 1862, of the fourth section of the act entitled "An act to modify existing laws imposing duties on imports, and for other purposes," approved March 3, 1863, and of the fourth section of an act entitled "An act amendatory of certain acts imposing duties upon foreign importations," approved March 3, 1865, are exempted from paying tonnage duties more than once in a year, shall hereafter pay the same, either at their first clearance from, or entry at, according to priority, a custom-house in the United States, in each calendar year: Provided, That all licensed, and enrolled and licensed, vessels of the United States shall pay the said duty, when taking out or renewing their respective enrolments or licenses, if the same has not previously been paid for the calendar year: And provided further, That nothing in this act shall be construed to prevent customs officers from collecting such tonnage duty, at the entry of any vessel at their respective custom-houses, during the calendar year, if the same shall not previously have been paid for such year: And provided further, That all vessels which are subject to enrolment or license, shall hereafter be liable to the payment of the fees established by law for services of customs officers incident thereto. 2 Mar. 1867 33. 14 Stat. 484. 7. The tonnage duty now imposed on all ships, vessels or steamers engaged in foreign or domestic commerce, shall be levied but once within one year, and when paid by such Tonnage duty to ship, vessel or steamer, no further tonnage tax shall be collected within one year from the date of such payment. be levied but once a year. 18 July 1866 20. 14 Stat. 182. Penalty for fraudulent transhipment of goods. II. IMPORTATIONS. 8. If any goods, wares or merchandise shall, at any port or place in the United States on the northern, north-eastern, or north-western frontiers thereof, be laden upon any vessel belonging wholly or in part to a subject or subjects of a foreign country or countries, and shall be taken thence to a foreign port or place, to be reladen and reshipped to any other port or place in the United States on said frontiers, either by the same or any other vessel, foreign or American, with intent to evade the provisions of the fourth section of "the act concerning the navigation of the United States," approved March 1, 1817, (e) the said goods, wares and merchandise shall, on their arrival at such last-named (a) 1 vol. 285, pl. 8; 652, pl. 5–7. (b) 1 vol. 285, pl. 9. (c) See tit. "Internal Revenue," 281. (d) So amended by act 25 February 1867. 14 Stat. 410. port or place, be seized and forfeited to the United States, and the vessel shall pay a 18 July 1866. tonnage duty of fifty cents per ton on her admeasurement. II. PROTECTION OF COMMERCE. 12 Stat. 314. 9. Any vessel or boat which shall be built, purchased, fitted out, in whole or in part, 5 August 1861 21. or held, for the purpose of being employed in the commission of any piratical aggression, search, restraint, depredation or seizure, or in the commission of any other act of Veseels fitted out for piratical purpiracy, as defined by the law of nations, shall be liable to be captured and brought into poses to be liable any port of the United States, if found upon the high seas, or to be seized, if found in to capture. any port or place within the United States, whether the same shall have actually sailed upon any piratical expedition or not, and whether any act of piracy shall have been committed or attempted upon or from such vessel or boat or not. And any such vessel or boat may be adjudged and condemned, if captured by a vessel authorized as hereinafter mentioned, to the use of the United States and to that of the captors, and if seized by a collector, surveyor or marshal, then to the use of the United States, after To be condemned due process and trial, in like manner as is provided in section four of the act to which and sold. this act is supplementary, which section is hereby made in all respects applicable to cases arising under this act. (a) Ibid. 2 2. seize such vessels. 10. That the president of the United States be and hereby is authorized to instruct the commanders of the public armed vessels of the United States, and to authorize the Commanders of commanders of any other armed vessels sailing under the authority of any letters of public ships to marque and reprisal granted by the congress of the United States, or the commanders of any other suitable vessels, to subdue, seize, take, and if on the high seas, to send into any port of the United States, any vessel or boat built, purchased, fitted out or held, as in the first section of this act mentioned. Ibid. 3. 11. The collectors of the several ports of entry, the surveyors of the several ports of delivery, and the marshals of the several judicial districts, within the United States, be And collectors and are hereby authorized and required, to seize any and all vessels or boats built, pur- and marshals. chased, fitted out or held as aforesaid, which may be found within their respective ports or districts, and to cause the same to be proceeded against and disposed of as herein before provided. IV. SAILING REGULATIONS. 13 Stat. 58. lations. 12. That from and after September 1st 1864, the following rules and regulations for 29 April 1864 1. preventing collisions on the water be adopted in the navy, and the mercantile marine of the United States: Provided, That the exhibition of any light on board of a vessel Rules and reguof war of the United States may be suspended whenever, in the opinion of the secretary When public ves of the navy, the commander-in-chief of a squadron, or the commander of a vessel acting sels exempted. singly, the special character of the service may require it. steam ships. ed sailing and 13. ART. I. In the following rules every steamship which is under sail, and not What to be deemunder steam, is to be considered a sailing-ship; and every steamship, which is under steam, whether under sail or not, is to be considered a ship under steam. 14. ART. II. The lights mentioned in the following articles, and no others, shall be carried in all weathers, between sunset and sunrise.(b) 15. ART. III. All steam-vessels, when under way, shall carry I. At the foremast head, (c) a bright white light, so fixed as to show an uniform and unbroken light over an arc of the horizon of twenty points of the compass, so fixed as to throw the light ten points on each side of the ship, viz.: from right ahead, to two points abaft the beam, on either side, and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least five miles. II. On the starboard side, a green light, so constructed as to throw an uniform and unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead, to two points abaft the beam on the starboard side, and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles. III. On the port side, a red light, so constructed as to show an uniform unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead, to two points abaft the beam on the port side, and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles. IV. The said green and red side-lights shall be fitted with inboard screens, projecting at least three feet forward from the light, so as to prevent these lights from being seen across the bow. What lights to be carried. Lights for steamships. 16. ART. IV. Steamships, when towing other ships, shall carry two bright white Lights for steam tugs. |