3 March 1819 year, for each and every ton of such boat's or vessel's burden, according to her admeasurement as licensed or enrolled, if of more than five tons, and not exceeding thirty tons, three dollars and fifty cents; if above thirty tons, four dollars; and if above thirty tons, and having had a crew of not less than ten persons, and having been actually employed in the cod fishery, at sea, for the term of three and one-half months, at the least, but less than four months, of the season aforesaid, three dollars and fifty cents: Provided, That the allowance aforesaid, on any one vessel, for one season, shall not exceed three hundred and sixty dollars. Limitation. 18 Feb. 1793 21. 1 Stat. 313. parts. 11. Any vessel which shall be licensed according to law, for the cod fishery, and which shall have completed her fishing term, according to the provisions of law, and thereby become entitled to the allowance of bounty, shall, in returning to any port within the United States, be wrecked or lost, the owner or owners and crew of such vessel shall, on satisfactory proof being made to the comptroller of the treasury, of the wreck or loss of such vessel, be entitled to the same bounty as would have been allowed, had such vessel returned to port. 12. In lieu of the bounty heretofore authorized by law to be paid on the exportation of pickled fish of the fisheries of the United States, there shall be allowed, on the exportation thereof, if cured with foreign salt, a drawback equal in amount to the duty paid on the salt, and no more, to be ascertained under such regulations as may be prescribed by the secretary of the treasury. III. MISCELLANEOUS PROVISIONS. 13. When any snip or vessel, licensed for carrying on the fishery, shall be intended to touch and trade at any foreign port or place, it shall be the duty of the master, comDuties of masters mander or owner to obtain permission for that purpose, from the collector of the district of fishing vessels intending to where such ship or vessel may be, previous to her departure; and the master or comtouch at foreign mander of every such ship or vessel shall deliver like manifests and make like entries, both of the ship or vessel and of the goods, wares or merchandise on board, within the same time and under the same penalty as, by the laws of the United States, are provided for ships or vessels of the United States arriving from a foreign port. And if any ship foreign goods on or vessel, licensed for carrying on the fisheries, shall be found within three leagues of the coast, with goods, wares or merchandise of foreign growth or manufacture, exceeding the value of five hundred dollars, without having such permission as is herein directed, such ship or vessel, together with her goods, wares or merchandise of foreign growth or manufacture imported therein, shall be subject to seizure and forfeiture. Forfeiture, if found with board. 16 March 180231. 2 Stat. 137. Vessels loaded with salt, after report and entry, may discharge at any fishery, in district of Eden ton. Ibid. 22. Custom house 14. It shall be lawful for the collector of the customs for the district of Edenton to permit any vessel having on board salt only, after due report and entry, and security given for the duties, to proceed under the inspection of an officer of the customs to any fishery, or other landing-place within the district, (to be designated in the permit), and there discharge the same; subject, however, in all other respects, to the regulations, restrictions, penalties and provisions established by an act passed the 2d of March, in the year 1799, entitled "An act to regulate the collection of duties on imports and tonnage." 15. Every inspector or other officer of the customs, while performing duty on board any such vessel, elsewhere than in the port to which such officer may properly belong, officer to receive shall be entitled to receive from the master, or commander thereof, such provisions and other accommodations (free from expense) as are usually supplied to passengers, or as the state and condition of the vessel will admit. accommodations on board. Ibid. 2 3. Master to pay compensation of officer, after expiration of 15 days. 24 May 1828 1. 4 Stat. 312. 16. If by reason of the delivery of any cargo of salt, in manner aforesaid, more than fifteen working days (computing from the date of entry) shall, in the whole, be spent therein, the wages or compensation of such inspector, or other officer of the customs, who may be employed on board any vessel, in respect to which such term may be so exceeded, shall, for every day of such excess, be paid by the master or owner; and until paid it shall not be lawful for the collector to grant a clearance, or to permit such vessel to depart from the district. 17. It shall be the duty of the collector of the district to which any vessel may belong, on an application for that purpose by the master or owner thereof, to issue a license for carrying on the mackerel fishery, (a) to such vessel, in the form prescribed by the act, mackerel fishery, entitled "An act for enrolling and licensing ships or vessels to be employed in the Vessels to be licensed for the Act of 1793 to apply to such vessels. coasting trade and fisheries, and for regulating the same," passed the 18th day of February 1793: Provided, That all the provisions of said act, respecting the licensing of ships or vessels for the coasting trade and fisheries, shall be deemed and taken to be applicable to licenses and to vessels licensed for carrying on the mackerel fishery. (a) Since the passage of this act, the mackerel fishery cannot be lawfully carried on under a license for the cod fishery; such an employment subjects the vessel to forfeiture under 32 of the act 18 February 1793. The Nymph, Ware, 257. 8. c., 1 Sumn. 516. But this is altered by the act of 1836, infra, 18. And as to the effect of a fishing license. See Dunham v. Lamphere, 3 Gray, 268. 5 Stat. 16. 18. Vessels duly licensed under the provisions of "An act to authorize the licensing 20 April 1936 L of vessels to be employed in the mackerel fishery," passed May 24th 1828, shall not be deemed or taken to be liable to the forfeitures imposed by the 5th and 32d sections of Vessels licensed for the mackerel the act of congress, approved the 18th day of February 1793, entitled An act for fisheries not to enrolling and licensing ships or vessels to be employed in the coasting trade and be liable to fisheries, and for regulating the same," in consequence of any such vessel, whilst engaging in catching other licensed as aforesaid, having been engaged in catching cod, or fish of any other descrip- fish. tion whatever: Provided however, That this act shall not be deemed or considered as But not to reauthorizing or entitling the owner or owners of any vessel licensed for the mackerel ceive bounties. fishery, to receive the bounty allowed by law to vessels employed in the cod fishery. forfeiture for 5 Stat. 370. whale fishery and licensed. 19. All vessels which have cleared, or hereafter may clear, with registers for the 4 April 1840 & L purpose of engaging in the whale fishery, shall be deemed to have lawful and sufficient papers for such voyages, securing the privileges and rights of registered vessels, and the Vessels for the privileges and exemptions of vessels enrolled and licensed for the fisheries; and all may be enrolled vessels which have been enrolled and licensed for like voyages shall have the same privileges and measure of protection as if they had sailed with registers, if such voyages are completed or until they are completed. Ibid. & 2. Act of 1803 ex vessels. 20. All the provisions of the first section of the act entitled "An act supplementary to the act concerning consuls and vice consuls, and for the further protection of American seamen," passed on the 28th day of February, Anno Domini 1803, (a) shall hereafter tended to such apply and be in full force as to vessels engaged in the whale fishery, in the same manner and to the same extent as the same is now in force and applies to vessels bound on a foreign voyage. I. FLAG OF THE UNITED STATES. 1. Flag of the United States, 2. A star to be added for each new state. Flags. II. CAPTURED FLAGS. 3. Captured standards, &c., to be collected. I. FLAG OF THE UNITED STATES. 1. That from and after the fourth day of July next, the flag of the United States be 4 April 1818 ? 1. thirteen horizontal stripes, alternate red and white: that the union be twenty stars, white in a blue field. 3 Stat. 415. Flag. Ibid. ¿ 2. 2. On the admission of every new state into the Union, one star be added to the union of the flag; and that such addition shall take effect on the fourth day of July then A star to be next succeeding such admission. II. CAPTURed flags. 3. That the secretaries of the war and navy departments be, and they are hereby directed to cause to be collected and transmitted to them, at the seat of the government of the United States, all such flags, standards and colors as shall have been or may hereafter be taken by the army and navy of the United States from their enemies. added for each new state. 18 April 1814 ? 1 3 Stat. 133. Captured stand ards, &c., to be collected. Ibid. 2. 4. That all the flags, standards and colors of the description aforesaid, which are now in the possession of the departments aforesaid, and such as may be hereafter transmitted How to be disto them, be, with all convenient despatch, delivered to the president of the United States, posed of. for the purpose of being, under his direction, preserved and displayed in such public proper. place as he shall deem (a) 2 Stat. 203. March 1845 1. 5 Stat. 742. 22. Pensacola. 23. Ports of delivery. 24. Collectors and surveyors. 25. Bonds of officers. Compensation at Pensacola. 26. Certain vessels to enter only at Pensacola. 27. St. Mark's district. 28. St. Augustine's district enlarged. 29. St. John's district. 30. Certain vessels may enter at Key West. 31. District of Key West enlarged. 32. Repealing section. 33. Custom house removed from Magnolia to St. Mark'e. 34. Palatka and Bayport, ports of delivery. Surveyors. Palatka annexed to St. John's district. Bayport, to St. Mark's. 35. District of Fernandina. IV. LANDS AND LAND OFFICES. 36. Surveyors to be appointed. Salary. 37. Land offices to be established. 38. When to be opened. Registers and receivers. 40. Reservation for seminaries. 41. Navigable rivers, highways. 42. How patents to issue on confirmed claims. 43. Alachua district. 44. Tampa district. 45. Trauscripts of British records, evidence of title. I. ADMISSION INTO THE UNION. 1. That the states of Iowa and Florida be, and the same are hereby, declared to be states of the United States of America, and are hereby admitted into the Union on equal Florida admitted. footing with the original states, in all respects whatsoever. Ibid. 25. 2. Said state of Florida shall embrace the territories of East and West Florida, which Boundaries of the by the treaty of amity, settlement and limits between the United States and Spain, on the 22d day of February 1819, were ceded to the United States. state. Ibid. 27. 3. Said states of Iowa and Florida are admitted into the Union on the express conNot to interfere dition that they shall never interfere with the primary disposal of the public lands lying with the disposal within them, nor levy any tax on the same whilst remaining the property of the United of the public lands, &c. States. 3 March 1845 1. 5 Stat. 788. Grants of land for public and school purposes. 4. That in consideration of the concessions made by the state of Florida in respect to the public lands, there be granted to the said state eight entire sections of land for the purpose of fixing their seat of government; (a) also, section number sixteen in every township, or other lands equivalent thereto, for the use of the inhabitants of such township, for the support of public schools; also, two entire townships of land, in addition to the two townships already reserved, for the use of two seminaries of learning-one to be located Five per cent. of east, and the other west of the Suwannee river; also, five per centum of the net proproceeds of sales ceeds of the sale of lands within said state, which shall be hereafter sold by congress, of public lands. after deducting all expenses incident to the same; and which said net proceeds shall be applied by said state for the purposes of education. Ibid. 2. Laws of the United States extended to. 3 March 1845 3. 5 Stat. 788. District court established. Circuit court powers. Clerk 5. All the laws of the United States which are not locally inapplicable shall have the same force and effect within the said state of Florida, as elsewhere within the United States. II. DISTRICT COURTS. 6. The said state shall compose one district, to be called the district of Florida. And a district court shall be held in said district, to consist of one judge who shall reside within the district to which he is appointed, and be called a district judge; and shall in all things have and exercise the same jurisdiction and powers which were by law given to the judge of the Kentucky district under an act entitled "An act to establish the judicial courts of the United States." The said judge shall appoint a clerk at the place at which a court is holden within the respective district, who shall reside and keep the records of the court at the place of holding the same; and shall receive, for the services he may perform, the same fees to which the clerk of the Kentucky district is entitled for similar services. (a) See act 24 May 1824, which provided that there should be granted to the territory of Florida, one entire quarter-section of land, or fractional section, not exceeding in quantity one quartersection, for the seat of government in that territory. to be located previously to the sale of the adjacent lands, under the authority of the governor thereof, at the point selected for the permanent seat of government for said territory. And that the governor and legislative council of the territory should adopt such measures as to them might seem expedient, for the sale of the said tract of land, or any part thereof, for the purpose of raising a fund for the erection of public buildings at said seat of government. And that there should be reserved from sale, three entire quarter-se tious of land, lying contiguous to, and adjoining the quarter-seo tion so granted. 4 Stat. 30. 7. The judge of the district of Florida shall hold extra sessions at any time when the 3 March 1845 ₫ public interest may, in his opinion, require the same. Extra sessions. 8. The judge of the district of Florida shall hold one session annually at the following Ibid. 25. places, to wit: at Tallahassee, on the first Monday of January; at St. Augustine, on the stated sessions. first Monday of April; [and at Key West, on the first Monday in August.|(a) 9. There shall be appointed in said district a person learned in the law, to act as attorney for the United States; [who shall, in addition to his stated fees, be paid by the United States two hundred dollars, as a full compensation for all extra services.] (b) Ibid. 27. District attorney. Ibid. 8. 10. A marshal shall be appointed in said district, who shall perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees as are Marshal. prescribed to marshals in other districts; [and shall moreover be entitled to the sum of two hundred dollars annually, as a compensation for all extra services.] (b) 9 Stat. 131. erected. the district court. 11. All that part of the state of Florida lying south of a line drawn due east and west 23 Feb. 1847 § 1. from the northern point of Charlotte Harbor, including the islands, keys, reefs, shoals, harbors, bays and inlets south of said line, shall be erected into a new judicial district, Southern district to be called the southern district of Florida; a district court shall be held in said southern district, to consist of one judge, who shall reside at Key West, in said district, and be called a district judge; and shall in all things have and exercise the jurisdiction and Jurisdiction of powers of a district and circuit court of the United States within the district aforesaid; and appeals may be allowed and writs of error sued out and made returnable in the supreme court, in the same manner and under the same rules and regulations as appeals Appeals. and writs of error are allowed and sued out from and to a circuit court. The judge shall appoint a clerk, who shall reside and keep the records of the court at the place of hold- Clerk. ing the same; and shall receive for the services he may perform the same fees to which the clerk of the Louisiana district is entitled for similar services. (c) Ibid. § 2. 12. The judge of said district shall hold two regular terms of court in each year at Key West; the one commencing on the first Monday in May, the other on the first stated and extra Monday of November, in each year. He shall also hold extra sessions of said court, from sessions. time to time, at such places in said district as occasion may require, to despatch the business of said court; and, for the purpose of hearing and deciding all cases of admiralty and maritime jurisdiction, the said court shall be at all times open. Ibid. 2 3. 13. No vessel, nor master thereof, shall be regularly employed in the business of wrecking on the coast of Florida, without the license of the judge of said court; and, To license before licensing any vessel or master, the judge shall be satisfied that the vessel is sea- wreckers. worthy, and properly and sufficiently fitted and equipped for the business of saving property shipwrecked and in distress; and that the master thereof is trustworthy, and innocent of any fraud or misconduct in relation to any property shipwrecked or saved on said coast. Ibid. 25. 14. There shall be appointed in said district a person learned in the law, to act as attorney for the United States, [who shall, in addition to his stated fees, be paid by the District atto: ney. United States two hundred dollars as a full compensation for all extra services.](d) Ibid. 26. 15. There shall be appointed in said district a marshal, who shall perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees Marshal. as are allowed to marshals in the district of Louisiana, [and shall, moreover, be entitled to the sum of two hundred dollars annually, as a compensation for all extra services.](e) district. હૈ 10 Stat. 615. 16. The title and name of said district court of the United States for the district of Ibid. 28. Florida shall hereafter be "The District Court of the United States for the Northern Dis- Additional terms trict of Florida ;" and that the judge of said northern district shall, in addition to the in the northern terms of his court heretofore prescribed to be held within said northern district, hold one term of the court for said district at Apalachicola, on the first Monday in February of each year, and one term of said court at Pensacola, on the first Monday in March of each year, for the trial of causes arising in the western section of the state of Florida. 17. All the provisions of the act of congress approved 29th of July 1850, (g) entitled 24 Feb. 1855 § 1. "An act to provide for holding the courts of the United States in case of the sickness or other disability of the judges of the district courts," shall be, and are hereby declared Act of 1850, reto be, applicable to the two judicial districts of the state of Florida and the judges courts, extended lating to special thereof, so far forth as the same can be applied to the said districts and judges; and that to Florida. the designation and appointment of either of the said judges to hold the courts in the district of the other, in consequence of the sickness or disability of such other judge, may be made either by the chief justice of the United States or by the circuit judge of an adjoining circuit, on such certificate as is required by the act aforesaid: Provided however, That a written certificate of the judge of either of said districts, certifying that he (c) Now regulated by the general fee-bill. (d) Seo supra, note b. (e) See supra. notes b, c. (g) See tit. "District Courts," 5. 24 Feb. 1835. 7 May 1822 31. 3 Stat. 684, Part of Florida annexed to St. Ibid. 22. District of St. Augustine. Ibid. 2 3. Key West. Ibid. 4. Apalachicola. Ibid. 25. Pensacola. is unable, from sickness or physical inability, to hold any regular term, or adjourned or extra term, of the courts appointed to be holden in his district, and requesting the judge of the other district to hold the same, shall, when filed in the clerk's office of the place where such term of the court is to be holden, be sufficient to authorize the said judge of the other district to hold said courts, and shall confer upon him all the powers and privileges granted by the aforesaid act to judges designated and appointed by a circuit judge or the chief justice of the United States, in pursuance of the provisions of said act. III. COLLECTION DISTRICTS. 18. That all the ports, harbors, waters and shores of all that part of the main land of Florida, lying between the collection district of St. Mary's, in Georgia, and the river Nassau, with all the ports, harbors, waters and shores of all the islands opposite and nearest thereto, be and hereby are, annexed to, and made and constituted a part of the collection district f St. Mary's, in Georgia. (a) 19. That all the ports, harbors, shores and waters of the main land of Florida, and of the islands opposite and nearest thereto, extending from the said river Nassau to Cape Sable, be, and the same are hereby established a collection district, by the name of the district of St. Augustine, whereof St. Augustine shall be the only port of entry. 20. That all the ports, harbors, shores and waters, of the main land of Florida, and of the islands opposite and nearest thereto, extending from Cape Sable to Charlotte Bay, be, and the same are, established a collection district, by the name of the district of Key West, (b) and a port of entry may be established in said district, at such place as the president of the United States may designate. (c) 21. That all the ports, harbors, shores and waters, of the main land of said Florida, and of the islands opposite and nearest thereto, extending from Charlotte Bay to Cape St. Blas, be, and hereby are, established a collection district, by the name of the district of Apalachicola; and a port of entry shall be established for said district, at such place as the president of the United States may designate. 22. That all the residue of the ports, harbors, waters and shores of said Florida, and of the islands thereof, be, and the same are, established a collection district, by the name of the district of Pensacola, whereof Pensacola shall be the only port of entry. Ibid. 26. 23. That the president of the United States be, and he is hereby authorized to establish Ports of delivery, such ports of delivery in each of said districts, and also in that portion of said territory annexed to the district of St. Mary's, as he may deem expedient. Ibid. 27. Collectors and surveyors. Ibid. 28. Pensacola. 24. The president of the United States, with the advice and consent of the senate, shall appoint a collector for each district, to reside at the port of entry, and a surveyor for the district of Pensacola, and a surveyor for, and to reside at each port of delivery authorized by this act: but the president, in the recess of the senate, may make temporary appointments of any such collector or surveyor, whose commission shall expire in forty days from the commencement of the next session of congress thereafter. 25. Each collector and surveyor authorized by this act, shall give bond for the true Bonds of officers, and faithful discharge of his duties, in such sum as the president of the United States may direct and prescribe; and the collector for the district of Pensacola shall, in addition to the fees and emoluments allowed by law, receive three per cent. commissions, and no more, on all moneys received and paid by him on account of the duties on goods, Compensation at wares and merchandise, and on the tonnage of vessels; and each other collector shall, in addition to the fees and emoluments allowed by law, receive an annual salary of five hundred dollars, and three per cent. commissions, and no more, on all moneys received and paid by him on account of the duties on goods, wares and merchandise imported into his district, and on the tonnage of vessels; and each surveyor authorized by this act shall, in addition to the fees and emoluments allowed by law, receive an annual salary of three hundred dollars; and each such collector and surveyor shall exercise the same powers, be subject to the same duties, and be entitled to the same privileges and immunities, as other collectors and surveyors of the customs of the United States. Ibid. 29. 26. Ships or vessels arriving, from and after the thirtieth day of June next, from the Certain vessels to Cape of Good Hope, or from any place beyond the same, shall be admitted to make entry at the port of entry at Pensacola, (d) and at no other port or place in Florida. enter only at Pensacola. 21 Jan. 1829 1. 4 Stat. 331. St. Mark's distriot. (a) See infra, 28. 27. That all the ports, harbors, shores and waters, of the main land of Florida, and of the islands opposite and nearest thereto, extending from Ocklockney Bay to Charlotte Harbor, be, and they are hereby, established a collection district, by the name of St. Mark's district; and a port of entry shall be established at Magnolia, (e) for said district, and a collector shall be appointed, who shall give the same bond, perform the same duties, and (b) See infra, 31. (c) The remainder of this section repealed by act 13 July 1832, infra, 32. (d) And at Key West, infra, 30. |