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GENERAL LAWS

OF THE

UNITED STATES

ENACTED BY THE

FORTY-SIXTH CONGRESS-FIRST (EXTRA) SESSION,

IN

THE YEAR 1879.

[NOTE. The omitted chapters and parts of chapters are private, special, local, or temporary acts not
of general interest.

In the margin and in the notes, the letters R. S. refer to the Revised Statutes, and STAT. L. to the
Statutes at Large.]

CHAPTER 5.

AN ACT TO AMEND SECTION FOURTEEN HUNDRED AND SEVENTEEN, FOURTEEN HUN-
DRED AND EIGHTEEN, FOURTEEN HUNDRED AND NINETEEN, FOURTEEN HUNDRED
AND TWENTY, AND SIXTEEN HUNDRED AND TWENTY-FOUR OF THE REVISED
STATUTES OF THE UNITED STATES, RELATING TO THE NAVY.

R. S., § 1417. Enlisted men of Navy not to exceed
8,250.

Apprentices, &c., to be preferred in
appointment of warrant officers.
Promotion of seamen as warrant offi-
cers not affected.

R. S., § 1418. Enlistments of boys and others.

R S., § 1419. Minors between ages of 15 and 18
years not to be enlisted without
consent of parents or guardians.
R. S., § 1420. What persons are prohibited from
enlisting.
Art. 19. Penalty for enlisting prohib-
ited persons.

R. S., § 1624.

Be it enacted, &c., That section fourteen hundred and seventeen of the Revised Statutes of the United States be amended so as to read as follows:

May 12, 1879. 21 Stat. L., 3.

Enlisted men of Navy not to exceed 8,250. Substitute for

R. S., § 1417. 1876, June 30, ch.

"SEC. 1417. The number of persons who may at one time be enlisted into the Navy of the United States, including seamen, ordinary seamen, landsmen, mechanics, firemen, and coal-heavers, and including seven 159. hundred and fifty apprentices and boys, hereby authorized to be enlisted annually, shall not exceed eight thousand two hundred and fifty: Provided, That in the appointment of warrant officers in the naval Apprentices, service of the United States, preference shall be given to men who have &c., to be preferred in appointbeen honorably discharged upon the expiration of an enlistment as an ment of warrantapprentice or boy, to serve during minority, and re-enlisted within three officers. months after such discharge, to serve during a term of three or more years:

Promotion of

Provided further, That nothing in this act shall be held to abrogate the provisions of section fourteen hundred and seven of the Revised seamen as warStatutes of the United States."

rant-officers not affected.

483

R. S., § 1407.

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That section fourteen hundred and eighteen be amended so as to read as follows:

"SEC. 1418. Boys between the ages of fifteen and eighteen years may be enlisted to serve in the Navy until they shall arrive at the age of twenty-one years; other persons may be enlisted to serve for a period not exceeding five years, unless sooner discharged by direction of the President."

as

That section fourteen hundred and nineteen be amended so as to read follows:

"SEC. 1419. Minors between the ages of fifteen and eighteen years shall not be enlisted for the naval service without the consent of their parents or guardians."

That section fourteen hundred and twenty be amended so as to read as follows:

"SEC. 1420. No minor under the age of fifteen years, no insane or intoxicated person, and no deserter from the naval or military service of the United States, shall be enlisted in the naval service."

That article nineteen of section sixteen hundred and twenty-four be amended so as to read as follows;

"SEC. 1624. ARTICLE 19. Any officer who knowingly enlists into the naval service any deserter from the naval or military service of the United States, or any insane or intoxicated person, or any minor between the ages of fifteen and eighteen years, without the consent of Lis parents or guardian, or any minor under the age of fifteen years, shall be punished as a court-martial may direct." [May 12, 1879.]

May 14, 1879.

21 Stat. L., 4.

CHAPTER 7.

AN ACT TO AUTHORIZE THE EMPLOYMENT OF THREE ADDITIONAL ASSISTANTS IN THE
LIBRARY OF CONGRESS.

Three additional assistants to Librarian of Congress.

Three additional Be it enacted, &c., That the Librarian of Congress be authorized to assistants to Libra- employ three additional assistants, at a yearly compensation of twelve rian of Congress. hundred dollars each; and the sum necessary is hereby appropriated out of any money in the Treasury not otherwise appropriated. [May 14, 1879.]

R. S., § 91.

May 17, 1879.

21 Stat. L., 4.

All parties to

CHAPTER 8.

AN ACT TO AMEND SECTION FIFTY-FOUR HUNDRED AND FORTY OF THE REVISED

STATUTES.

All parties to conspiracy to defraud United States liable to penalty if one does any act, &c. Be it enacted, &c., That section fifty-four hundred and forty of the conspiracy liable Revised Statutes of the United States of America be amended so as to to penalty if one read as follows: does any act. Substitute for R. S., § 5440.

1 Lowell, 266.

11 Blatch., 168. 16 Blatch., 15, 21. 2 Wood, 175, 197. 3 Wood, 47.

4 Dillon, 128, 145,

If two or more persons conspire either to commit any offense against the United States or to defraud the United States in any manner or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy all the parties to such conspiracy shall be liable to a penalty of not more than ten thousand dollars, or to imprisonment for not more than two years or to both fine and imprisonment in the discretion of the court. [May 17, 1879.]

407. 5 Dill., 58. 3 Hughes, 553. 100 U. S., 33.

CHAPTER 11.

AN ACT TO PREVENT THE INTRODUCTION OF CONTAGIOUS OR INFECTIOUS DISEASES
INTO THE UNITED STATES.

SECTION

1. Vessels from foreign ports where infectious disease exists subject to certain regulations before entering United States.

-proceedings in case of violation.

2. to obtain sanitary certificate of consul or medical officer, &c.

-to pay fee for certificate.

Medical officers of inspection, &c., detailed to service in foreign ports.

Penalty when vessels from such port, without certificate, enter United States.

3. National Board of Health to co-operate with State boards, &c., and in certain cases may make regulations to prevent introduction of disease, &c.

-to make regulations to be observed by vessels at foreign ports of departure, &c., where discase exists.

-penalties for violating such regulations; when to attach.

4. to obtain information of sanitary condition of foreign ports and places, and of ports, &c., in United States, and to publish and dis tribute same.

Be it enacted, &c.

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June 2, 1879.

21 Stat. L., 5.

infectious disease

[SECTION 1], That it shall be unlawful for any merchant ship or vessel Vessels from forfrom any foreign port where any contagious or infectious disease exists, eign ports where to enter any port in the United States except in accordance with the exists subject to provisions of this act, and all rules and regulations of State boards of certain regulations health and all rules and regulations made in pursuance of this act; before entering And any such vessel which shall enter, or attempt to enter, a port of United States under penalty for the United States, in violation thereof, shall forfeit to the United States violation. a sum, to be awarded in the discretion of the court, not exceeding one thousand dollars, which shall be a lien upon said vessel, to be recovered by proceedings in the proper district court of the United States.

R. S., § 47924796.

1878, April 29, ch. 66.

proceedings in case of violation.

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consul or medical officer, &c.

And in all such proceedings the United States district attorney 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. SEC. 2. All such vessels shall be required to obtain from the consul, to obtain sanivice consul, or other consular officer of the United States at the port of tary certificate of departure, or from the medical officer, where such officer has been detailed by the President for that purpose, a certificate in duplicate setting forth the sanitary history of said vessel, and that it has in all respects complied with the rules and regulations in such cases prescribed for securing the best sanitary condition of the said vessel, its cargo, passengers, and crew; and said consular or medical officer is required, before granting such certificate, to be satisfied the matters and things therein stated are true;

And for his services in that behalf he shall be entitled to demand and to pay fee for receive such fees as shall by lawful regulation be allowed, to be accounted certificate. for as is required in other cases.

Medical officers

That upon the request of the National Board of Health the President is authorized to detail a medical officer to serve in the office of the con- of inspection, &c., sul at any foreign port for the purpose of making the inspection and may be detailed to giving the certificates hereinbefore mentioned:

Provided, That the number of officers so detailed shall not exceed at any one time six:

Provided further, That any vessel sailing from any such port without such certificate of said medical officer, entering any port of the United States, shall forfeit to the United States the sum of five hundred dollars, which shall be a lien on the same to be recovered by proceedings in the proper district court of the United States.

to serve in foreign ports.

1879, March 3, ch. 202.

Penalty and proceedings when veswithout certifi sels from such port, cate, enter United

States.

1879, July 1, ch. 61, § 6.

National Board

erate with State

And in all such proceedings the United States district attorney 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.

SEC. 3. That the National Board of Health shall co-operate with and, of Health to co-op- so far as it lawfully may, aid State and municipal boards of health in boards, &c., and the execution and enforcement of the rules and regulations of such boards in certain cases to prevent the introduction of contagious or infectious diseases into the may make regula- United States from foreign countries, and into one State from another; tions to prevent And at such ports and places within the United States as have no quarantine regulations under State authority where such regulations are, in the opinion of the National Board of Health, necessary to prevent the introduction of contagious or infectious diseases into the United States from foreign countries, or into one State from another;

introduction of
disease, &c.
1879, March 3,

ch. 202.

1879, July 1, ch. 61, § 6.

-to make regu

And at such ports and places within the United States where quarantine regulations exist under the authority of the State, which, in the opinion of the National Board of Health, are not sufficient to prevent the introduction of such diseases into the United States, or into one State from another, the National Board of Health shall report the facts to the President of the United States, who shall, if, in his judgment, it is necessary and proper, order said Board of Health to make such additional rules and regulations as are necessary to prevent the introduction of such diseases into the United States from foreign countries, or into one State from another, which, when so made and approved by the President, shall be promulgated by the National Board of Health and enforced by the sanitary authorities of the States, where the State authorities will undertake to execute and enforce them;

But if the State authorities shall fail or refuse to enforce said rules and regulations the President may detail an officer or appoint a proper person for that purpose.

The Board of Health shall make such rules and regulations as are aulations to be ob- thorized by the laws of the United States and necessary to be observed served by vessels at foreign port of by vessels at the port of departure and on the voyage where such vessels departure, &c., sail from any foreign port or place at which contagious or infectious diswhere disease ex- ease exists, to any port or place in the United States, to secure the best sanitary condition of such vessel, her cargo, passengers, and crew, and when said rules and regulations have been approved by the President they shall be published and communicated to, and enforced by, the consular officers of the United States:

ists.

1879, March 3, ch. 202.

-penalties for vi

olating such regulations; when to attach.

-to obtain infor

condition of for

Provided, That none of the penalties herein imposed shall attach to any vessel or any owner or officer thereof, till the act and the rules and regulations made in pursuance thereof shall have been officially promulgated for at least ten days in the port from which said vessel sailed. SEC. 4. It shall be the duty of the National Board of Health to obtain mation of sanitary information of the sanitary condition of foreign ports and places from eign ports and which contagious and infectious diseases are or may be imported into places, and of the United States, and to this end the consular officers of the United ports, &c., in Uni- States at such ports and places as shall be designated by the National ted States, and to Board of Health shall make to said Board of Health weekly reports of publish and distribute same. the sanitary condition of the ports and places at which they are respect1879, March 3, ively stationed, according to such forms as said Board of Health may prescribe;

ch. 202.

And the Board of Health shall also obtain, through all sources accessible, including State and municipal sanitary authorities throughout the United States, weekly reports of the sanitary condition of ports and places within the United States;

And shall prepare, publish, and transmit to the medical officers of the Marine Hospital Service, to collectors of customs, and to State and municipal health officers and authorities, weekly abstracts of the consular sanitary reports and other pertinent information received by said board;

And shall also, as far as it may be able, by means of the voluntary National Board of co-operation of State and municipal authorities, of public associations Health to procure and private persons, procure information relating to the climatic and ing to climate, &c. other conditions affecting the public health;

information relat

And shall make to the Secretary of the Treasury an annual report of to make report to Congress. its operations, for transmission to Congress, with such recommendations as it may deem important to the public interests;

And said report, if ordered to be printed by Congress, shall be done under the direction of the board.

- to issue to con

SEC. 5. That the National Board of Health shall from time to time issue to the consular officers of the United States and to the medical sular officers, &c., officers serving at any foreign port, and otherwise make publicly known, make public its and otherwise the rules and regulations made by it and approved by the President, to regulations, &c. be used and complied with by vessels in foreign ports for securing the best sanitary condition of such vessels, their cargoes, passengers, and crews, before their departure for any port in the United States, and in the course of the voyage;

And all such other rules and regulations as shall be observed in the inspection of the same on the arrival thereof at any quarantine station at the port of destination, and for the disinfection and isolation of the same, and the treatment of cargo and persons on board, so as to prevent the introduction of cholera, yellow fever, or other contagious or infectious diseases;

Vessels not to

And it shall not be lawful for any vessel to enter said port to discharge its cargo or land its passengers except upon a certificate of the enter ports to dishealth officer at such quarantine station, certifying that said rules and except on certifi regulations have in all respects been observed and complied with, as cate that regulawell on his part as on the part of the said vessel and its master, in re- tions have been spect to the same and to its cargo, passengers and crew; complied with. Master to produce certificate,

And the master of every such vessel shall produce and deliver to the collector of customs at said port of entry, together with the other papers of the vessel, the said certificates required to be obtained at the port of departure, and the certificate herein required to be obtained from the health officer at the port of entry.

&c.

ices under this act

Detail of officers

SEC. 6. That to pay the necessary expenses of placing vessels in proper Fees to be paid sanitary condition, to be incurred under the provisions of this act, the by vessels for servSecretary of the Treasury be, and he hereby is, authorized and required to be fixed by Secto make the necessary rules and regulations fixing the amount of fees to retary of Treasury. be paid by vessels for such service, and the manner of collecting the same. SEC. 7. That the President is authorized, when requested by the National Board of Health, and when the same can be done without preju- from departments by President at redice to the public service, to detail officers from the several departments quest of Board of of the government, for temporary duty, to act under the direction of said Health for tempoboard, to carry out the provisions of this act; and such officers shall rary duty under receive no additional compensation except for actual and necessary expenses incurred in the performance of such duties.

SEC. 8. That to meet the expenses to be incurred in carrying out the provisions of this act, the sum of five hundred thousand dollars, or so much thereof as may be necessary, is hereby appropriated, to be disbursed under the direction of the Secretary of the Treasury on estimates to be made by the National Board of Health, and to be approved by him. Said National Board of Health shall as often as quarterly make a full statement of its operations and expenditures under this act to the Secretary of the Treasury, who shall report the same to Congress.

said board.

Appropriation. 1879, July 1, ch. 61, § 7.

Board of Health

to report operations and expenditures quarterly. Consular officers

General of Marine

SEC. 9. That so much of the act entitled "An act to prevent the introduction of contagious or infectious diseases into the United States", not required to reapproved April twenty-ninth, eighteen hundred and seventy-eight, as port to Surgeonrequires consular officers or other representatives of the United States Hospital, who at foreign ports to report the sanitary condition of and the departure of need not make vessels from such ports to the Supervising Surgeon-General of the Marine rules. Hospital Service; and so much of said act as requires the Surgeon-Gen- Repealing part of 1878, April 29, ch, eral of the Marine Hospital Service to frame rules and regulations, and

66, § 2.

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