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charge of any domestic vessel for which clearance is not required by law, to forbid the departure of such vessel from the port, and it shall thereupon be unlawful for such vessel to depart. Whoever, in vio[226]lation of any of the provisions of this section shall take, or attempt to take, or authorize the taking of any such vessel, out of port or from the jurisdiction of the United States, shall be fined not more than $10,000 or imprisoned not more than two years, or both; and, in addition, such vessel, her tackle, apparel, furniture, equipment, and her forbidden cargo shal be forfeited to the United States.

1 See, for general statutes covering acquisition of lands by condemnation, Military Laws of the United States, Sec. 802, 1276.

Resolutions of the Continental Congress.

See Resolution regarding preservation and care of buildings and movable personal property belonging to the United States, July 23, 1779, XIV Journals of the Continental Congress [Library of Congress] 868 [p. 224].

Revolutionary War Statutes.

New York: See Act to provide pasturage for the use of the army, 1780, 1 Cook's N. Y. Laws 281 [p. 657];

Rhode Island: See Act providing pasturage for cattle for French fleet, July, 1780, Laws of Rhode Island, p. 21 [p. 864];

South Carolina: See Act for empowering the Commissioners therein named to purchase certain lands, etc., 4 Cooper's Stats. at L. 379 [p. 882].

"LAND CONDEMNATION ACT."

26.]

[241] CHAP. 35.-An Act To authorize condemnation proceedings [Public, No. of lands for military purposes. [Approved, July 2, 1917. 40 Stats. 241].

Virginia: See Act to enable the Governor to provide a laboratory and proper magazines for the reception of arms, ammunition, and other public stores, 1780, 10 Hening's Stats. at L. 302 [p. 968]. See also act for the encouragement of iron works, 1777, 9 Hening's Stats. 303 [p. 936].

Federal Statutes-Civil War.

Punishment
Forfeiture of

military pur

author

Be it enacted by the Senate and House of Represen- Lands for tatives of the United States of America in Congress poses, Condemna assembled, That hereafter the Secretary of War maytion proceed. cause proceedings to be instituted in the name of the ized to acquire. United States, in any court having jurisdiction of such proceedings for the acquirement by condemnation of any land, temporary use thereof or other interest therein, or right pertaining thereto, needed for the site, location, construction, or prosecution of works for fortifications, coast defenses, and military training camps, such proceedings to be prosecuted in accordance with the laws

See Act in addition to an Act for the establishment of certain arsenals, April 19, 1864, 13 Stats. 50 [p. 1070J.

for violations.

vessel, etc.

July 2, 1917.

[S. 2453.]

Provisos. Purchases without suit.

relating to suits for the condemnation of property of the States wherein the proceedings may be instituted: Provided, That when the owner of such land, interest or rights pertaining thereto shall fix a price for the same, which, in the opinion of the Secretary of War, shall be reasonable, he may purchase or enter into a contract for the use of the same at such price without further delay: Provided further, That the Secretary of War is hereby authorized to accept on behalf of the United States donations of land and the interest and rights pertaining thereto required for the above-menAcceptance tioned purposes: And provided further, That when

of donations allowed.

use

vested.

such property is acquired in time of war or the imminence thereof upon the filing of the petition for the condemnation of any land, temporary use thereof or other interest therein or right pertaining thereto to be acImmediate quired for any of the purposes aforesaid, immediate war before title possession thereof may be taken to the extent of the interest to be acquired and the lands may be occupied and used for military purposes, and the provision of section three hundred and fifty-five of the Revised Statutes, providing that no public money shall be expended upon such land until the written opinion of the Attorney General shall be had in favor of the validity of the title, nor until the consent of the legislature of the State in which the land is located has been given, shall be, and the same are hereby, suspended during the period of the existing emergency.

R. S.. sec. 355, p. 60.

July 24, 1917. [H. R. 5326.] [Public, No. 29.]

"AVIATION ACT."

[243] CHAP. 40.-An Act To authorize the President to increase
temporarily the Signal Corps of the Army and to purchase,
manufacture, maintain, repair, and operate airships, and to
make appropriations therefor, and for other purposes. [AP-
proved, July 24, 1917. 40 Stats. 243.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

*

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1 For general statutes authorizing acceptance of donations of lands, see Military Laws of the United States, Sec. 804.

For special powers of condemnation (in recent legislation) but not intimately connected with the common defense,

*

(a) For land for the Bureau of Standards [40 Stats 105, 1691;

(b) For the permanent establishment of aviation stations [40 Stats. 182, 187];

(c) Chesapeake and Delaware Canal [40 Stats. 250, 253];

(d) Cape Cod Canal [40 Stats. 250, 262].

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aerial ma

Authority for

chase, manu

Ante, p. 43.

[245] SEC. 9. That during the existing emergency au-, Airships. thority is hereby given to the President, through the War chines, etc. Department, for the purchase, manufacture, mainte-emergency purnance, repair, and operation of airships and other aerial facture, etc. machines, including instruments and appliances of every sort and description necessary for the operation, construction, or equipment of all types of aircraft, including guns, armament, ammunition, and all necessary spare parts and equipment connected therewith; and all neces-. Buildings, sary buildings for equipment and personnel in the Avia- etc. tion Section and for the purchase, maintenance, repair, and operation, through the Chief Signal Officer of the Army, of all motor-propelled passenger and equipment carrying vehicles which may be necessary for the Aviation Section of the Signal Corps.

motor vehicles,

Aviation sta

Sites, build

Use of pub

of sites.

structures, etc.

And during the existing emergency authority is hereby tions further given for the establishment, equipment, maintenance, and operation of aviation stations, including (a) the acquisition of land, or any interest in land, with in, etc. any buildings and improvements thereon, by purchase, lease, donation, condemnation, or otherwise: Provided, Proviso. That by order of the President any unappropriated or lic lands. reserved public lands may be reserved from entry, designated, and used for such aviation stations; (b) the im- Improvement provement of such land by clearing, grading, draining, seeding, and otherwise making the same suitable for the purpose intended; (c) the construction, maintenance. Buildings. and repair of permanent or temporary barracks, quarters, hospitals, mess houses, administration, instructional and recreational buildings, hangars, magazines, storehouses, sheds, shops, garages, boathouses, docks, radio stations, laboratories, observation stations, and all other buildings and structures necessary or advisable; (d) procuring and introducing water, electric light and power, telephones, telegraph, and sewerage to aviation. stations and buildings and structures thereon by the extension of existing systems or the creation of new systems and their maintenance, operation and repair, installation of plumbing, electric fixtures and telephones, fire apparatus and fire alarm systems and the maintenance, operation and repair of all such systems, fixtures and apparatus; (e) construction and repair of roads, wharves, etc. walks, sea walls, breakwaters, bridges, and wharves, dredging, filling and otherwise improving land and water sites; (f) purchase of stoves and other cooking equipments.

Roads,

Subsistence

Water, light. plumbing, etc.

and heating apparatus, kitchen and tableware, and furniture and equipment for kitchens, mess halls, offices, quarters, barracks, hospitals, and other buildings, screens, lockers, refrigerators, and all other necessary equipment; Fuel supplies. (g) purchase of gasoline, oil, fuel, and all supplies of every kind and character necessary or advis[246]able for maintenance and operation of aviation stations, including electric light and power, telephones, water supply Construction and sewerage service; (h) purchase and manufacture tools, etc. and installation of all kinds of machinery, tools, ma

machinery,

Special clothing.etc.

ex

Travel penses at home and abroad.

Vocational

training.

Vol. 186.

Aviation Sec

tion.

terial, supplies, and equipment for construction, maintenance, and repair of aircraft, buildings, and improvements at aviation stations, or property or appliances used in connection with aviation.

es in foreign aviation schools and manufacturing establishments, to be paid upon certificates of the Secretary of War certifying that the expenditures were necessary for military purposes.

And also for vocational training, including employment of necessary civilian instructors in important trades related to aviation, purchase of tools, equipment, materials, and machines required for such training, purchase of textbooks, books of reference, scientific and professional papers, periodicals and magazines, and instruments P and material for theoretical and practical instruction at aviation schools and stations, and all other means to carry out the provisions of section twenty-seven of the Act approved June third, nineteen hundred and sixteen, authorizing, in addition to the military training of soldiers while in active service, means for securing educational and vocational training of a character to increase their military efficiency and enable them to return to civil life better equipped for industrial, commercial, and general business occupations.

And also to pay and otherwise provide for such officers of the Officers' Reserve Corps of the Aviation Sec

And also for the purchase or manufacture and issue of special clothing, wearing apparel, and similar equipment for aviation purposes.

And also for the actual and necessary expenses of officers, enlisted men, and civilian employees of the Army and authorized agents sent on special duty at home and abroad for aviation purposes, including observation and investigation of foreign military operations and organization, manufacture of aircraft, and engines, also special

serve officers,

etc., called into

tion of the Signal Corps and such enlisted men of the Pay of reEnlisted Reserve Corps of the Aviation Section of the enlisted men Signal Corps as may be called into active service and service. such enlisted men as may be enlisted in the Aviation Section of the Signal Corps under the provisions of section two of the Act to increase temporarily the military establishment of the United States, approved May eighteenth, nineteen hundred and seventeen, or any subsequent Act temporarily increasing the commissioned or enlisted personnel of the Aviation Section of the Signal Corps and such civilian employees as may be necessary, for the payment of their traveling and other necessary expenses when not traveling with troops: Provided, Proviso. That hereafter all reserve officers and enlisted men of counts. the Aviation Section of the Signal Corps shall be paid by Quartermaster Corps disbursing officers from funds transferred to their credit from Signal Corps appropriations.

Pay

Development of engines, air

And also for the payment of all expenses in connection with the development of suitable types of aviation planes, etc. engines, airplanes, and other aircraft appurtenances, including the cost of sample engines, airplanes, and appurtenances, cost of any patents and other rights therein, and costs of investigation, experimentation, and research in respect thereto.

Maintenance

And also for the payment of all expenses in connec- of manufactur tion with the creation, expansion, acquisition, and devel- ing plants, etc. opment of plants, factories, and establishments for the manufacture of airplanes, aircraft, engines, and appurtenances, including provision for the purchase or lease of land with the buildings thereon, construction of permanent or temporary buildings for all purposes, purchase of machinery, tools, and employment of operatives, together with all administrative expense necessary, the purchase and supply of raw and semifinished [247] materials and of fuel and all other things necessary for creating and extending the production of airplanes, aircraft, engines, and all appurtenances.

Aviation technical in

schools, etc.

And also for creating, maintaining, ani operating at technical schools and colleges courses of instruction for struction at aviation students, including cost of instruction, equipment, and supplies necessary for instruction and subsistence of students while receiving such instruction.

Ante, p. 77.

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