PART VI.

STATUTES RELATING

ΤΟ

LIGHTHOUSES, BEACONS, &c.

No. 1. AUGUST 7, 1789.

CHAP. IX.- An Act for the Establishment and Support of Lighthouses, Beacons, Buoys,

and Public Piers.

Stat, at Large, Vol. I. p. 53.

How expenses of lighthouses, beacons, &c. de

Be it enacted, &c. That all expenses which shall accrue from and after the 15th day of August, 1789, in the necessary support, maintenance, and repairs of all lighthouses, beacons, and buoys, public piers erected, frayed. placed, or sunk, before the passing of this act, at the entrance of, or within, any bay, inlet, harbor, or port of the United States, for rendering the navigation thereof easy and safe, shall be defrayed out of the treasury of the United States.

to contract for

SEC. 3. That it shall be the duty of the Secretary of the Treasury to The Secretary provide, by contracts, which shall be approved by the President of the of the Treasury United States, for building a lighthouse near the entrance of Chesapeake building and reBay, and for rebuilding, when necessary, and keeping in good repair, the pairing, and to lighthouses, beacons, buoys, and public piers in the several States, and agree for salafor furnishing the same with all necessary supplies; and also to agree for ries, &c. the salaries, wages, or hire, of the person or persons appointed by the President for the superintendence and care of the same.

No. 2.- MARCH 2, 1795.

Stat. at Large, Vol. I. p. 426.

Cession of ju

places for light

CHAP. XL. - An Act relative to Cessions of Jurisdiction in Places where Lighthouses, Beacons, Buoys, and Public Piers have been, or may hereafter be erected and fixed. Be it enacted, &c. That where cessions have been, or hereafter may be made, by any State, of the jurisdiction of places, where lighthouses, risdiction of beacons, buoys, or public piers have been erected and fixed, or may, by houses, &c. law, be provided to be erected or fixed, with reservation, that process civil when sufficient. and criminal, issuing under the authority of such State, may be executed and served therein, such cession shall be deemed sufficient, under the laws of the United States providing for the supporting or erecting of lighthouses, beacons, buoys, and public piers.

SEC. 2. That where any State hath made, or shall make a cession of Legal process jurisdiction, for the purposes aforesaid, without reservation, all process under State in civil and criminal, issuing under the authority of such State, or the United such places. States, may be served and executed within the places, the jurisdiction of which has been so ceded, in the same manner, as if no such cession had been made.

Stat. at Large, CHAP. CXII. Vol. III. p. 598.

No. 3. MAY 15, 1820.

An Act to authorize the Erection of a Lighthouse on one of the Isles of Shoals, near Portsmouth, in New Hampshire, and for other Purposes. SEC. 7. That no lighthouse, beacon, nor landmark, shall be built or erected on any site previous to the cession of jurisdiction over the same being made to the United States.

No. 4. MAY 23, 1828.

Salaries of

CHAP. LXIX.- An Act to authorize the Building of Lighthouses, and for other

Purposes.

SEC. 4. That, from and after the passage of this act, the Secretary of keepers of light- the Treasury be, and he is hereby, authorized and empowered to regulate

the respective

houses..

Proviso.

Stat. at Large, Vol. IX. p. 500.

Marks and numbers to be

painted on buoys to designate the

channel.

Commissions

allowed to col

lectors acting as superintendents of lighthouses,

&c.

Proviso.

and fix the salaries of the respective keepers of lighthouses, in such manner as he shall deem just and proper: Provided, The whole sum allowed shall not exceed an average of four hundred dollars to each keeper.

CHAP. LXXVII. - An Act making Appropriations for Lighthouses, Light-Boats, Buoys, &c. and providing for the Erection and Establishment of the same, and for other Purposes.

SEC. 6. That hereafter all buoys along the coast, or in bays, harbors, sounds, or channels, shall be colored and numbered, so that passing up the coast or sound, or entering the bay, harbor, or channel, red buoys with even numbers shall be passed on the starboard hand, black buoys with uneven numbers on the port hand, and buoys with red and black stripes on either hand. Buoys in channel ways to be colored with alternate white and black perpendicular stripes.

SEC. 7. That there shall be allowed to collectors, when acting as superintendents of lighthouses, beacons, light-boats, and buoys, the same rate of commission on the disbursement of the aforesaid appropriations, as were allowed and paid for the year ending fourth March, eighteen hundred and forty-nine: Provided, That no collector shall receive for his services, as superintendent aforesaid, over the sum of four hundred dollars per anFurther pro- num: And provided, further, That the Secretary of the Treasury shall assign to the collectors the superintendence of such lighthouses, beacons, light-boats, and buoys, as he may judge best and most convenient for the public interest.

viso.

Appropriation of $150,000 for purchase of a steamer for the

Pacific coast survey.

SEC. 8. That there be, and hereby is, appropriated the sum of one hundred and fifty thousand dollars to purchase a steamer to be employed in the coast survey upon the Pacific coast, and used, if deemed expedient, in designating the sites of the several lighthouses provided for in California.

No. 6.

SEPTEMBER 30, 1850.

Stat. at Large, Vol. IX. p. 523.

One person

not to have pay (9 Stat. p. 542.)

of two offices.

CHAP. XC.- An Act making Appropriations for the Civil and Diplomatic Expenses of Government for the Year ending the thirtieth of June, eighteen hundred and fifty-one, and for other Purposes.

Be it enacted, &c. That, &c. **

Provided, however, That hereafter the proper accounting officers of the treasury, or other pay officers of the United States, shall in no case allow pay to any one individual the salaries of two different offices on account of having performed the duties thereof at the same time.

CHAP. XXXII. An Act making Appropriations for the Civil and Diplomatic Expenses Stat. at Large, of Government for the Year ending the thirtieth of June, eighteen hundred and fifty-two, Vol. IX. p. 598. and for other Purposes.

tendents of

Be it enacted, &c. That, &c. *Provided, That the collectors at Collectors to the several ports at which the collector has heretofore discharged the act as superinduties or acted as superintendents of lights, shall continue to discharge lights. them, and to act as such: And provided, further, That collectors whose compensation exceeds twenty-five hundred dollars, shall receive no com- See 1867, ch. pensation as superintendents of lights, or disbursing agents.

When gratuitously.

149, 4, post, p. 836.

Stat. at Large,

CHAP. XXXVII. -An Act making Appropriations for Lighthouses, Light-Boats, Buoys, &c. and providing for the Erection and Establishment of the same, and for other Purposes. Vol. IX. p. 627. SEC. 2. That if such person as the Secretary of the Treasury shall Surveys for sites of lighthouses, designate shall report, in any of the cases herein provided for, that pre- &c. liminary surveys are necessary to determine the site of a proposed lighthouse or light-boat, beacon or buoy, or to ascertain more fully what the public exigency demands, the Secretary of the Treasury shall thereupon direct the superintendent of the survey of the coast of the United States to perform such duty on the seaboard, and the colonel of the corps of topographical engineers to perform such duty on the northwestern lakes.

SEC. 3. That the officers so directed shall forthwith enter upon the Same subject. discharge of the duty, and, after fully ascertaining the facts, shall report, first, whether the proposed facility to navigation is the most suitable for the exigency which exists; and, second, where it should be placed if the interests of commerce demand it; third, if the thing proposed be not the most suitable, whether it is expedient to make any other kind of improvement; fourth, whether the proposed light has any connection with other lights, and, if so, whether it cannot be so located as to subserve both the general and the local wants of trade and navigation; and, fifth, whether there be any, and if any, what other facts of importance touching the subject.

SEC. 7. That hereafter in all new lighthouses, in all lighthouses re- The lens or Fresquiring new lighting apparatus, and in all lighthouses as yet unsupplied nel system may be adopted. with illuminating apparatus, the lens or Fresnel system shall be adopted, if, in the opinion of the Secretary of the Treasury, the public interest will be subserved thereby.

SEC. 9. That the President be, and he is hereby, required to cause to President to debe detailed from the engineer corps of the army, from time to time, such tail engineers. officers as may be necessary to superintend the construction and renovat

ing lighthouses.

No. 9.- August 31, 1852.

CHAP. CVIII.

- An Act making Appropriations for the Civil and Diplomatic Expenses Stat. at Large, of the Government for the Year ending the thirtieth of June, eighteen hundred and fifty- Vol. X. p. 76. three, and for other Purposes.

10 Stat. p. 93. Comptroller of Treasury to ar

Be it enacted, &c. ** ** And it shall be the duty of the comptroller of the treasury to arrest and stop any voucher not made in form and in accordance with the terms of the contract against which it is drawn. rest improper vouchers. And it is hereby made a penal offence for every measurer and inspector of Penalty for work, or disbursing officer, to make, or present, or to pass, or attempt to false vouchers pass, any falsely made or fictitious voucher to draw money from the trea- for work. sury on any contract or accounts whatever; and that all contracts shall tracts. hereafter be advertised at least sixty days before letting.

Notice of con

Lighthouse board consti

tuted.

Members.

Secretaries.

Stat. at Large, CHAP. CXII. ·An Act making Appropriations for Lighthouses, Light-Boats, Buoys, &c. Vol. X. p. 112. and providing for the Erection and Establishment of the same, and for other Purposes. SEC. 8. That the President be, and he is hereby, authorized and required to appoint, immediately after the passage of this act, two officers of the navy, of high rank, one officer of the corps of engineers of the army, one officer of the corps of topographical engineers of the army, and two civilians of high scientific attainments, whose services may be at the disposal of the President; and an officer of the navy and an officer of engineers of the army, as secretaries, who shall constitute the lighthouse board of Their powers the United States, and shall have power to adopt such rules and regulations for the government of their meetings, as they may judge expedient; and the board so constituted shall be attached to the office of the Secretary of the Treasury, and under his superintendence shall discharge all the administrative duties of said office relating to the construction, illumination, inspection and superintendence of lighthouses, light-vessels, beacons, buoys, sea-marks, and their appendages, and embracing the security of foundations of works already existing, procuring illuminating and other apparatus, supplies, and materials of all kinds for building and for rebuilding when necessary, and keeping in good repair, the lighthouses, light-vessels, beacons, and buoys, of the United States.

and duties.

To be attached

to the office of the Secretary of the Treasury.

Their duties.

President of the board.

Chairman.

Meetings of the board.

Certain clerks, archives, &c. to

such board.

SEC. 9. That the Secretary of the Treasury shall be ex officio president of the lighthouse board of the United States, and the said board, at their first meeting, shall proceed to ballot for one of their members as chairman, and the member who shall receive the majority of ballots of the whole board, shall be declared by the President to be chairman of the lighthouse board, who shall, in the absence of the president of the board, preside over their meetings, and do and perform such acts as may be required by the rules of the board.

SEC. 10. That the lighthouse board shall meet four times in each year, for the transaction of general and special business, each meeting to commence on the first Monday in March, June, September, and December, and that the Secretary of the Treasury is hereby authorized to convene the lighthouse board whenever, in his judgment, the exigencies of the service may require it.

SEC. 11. That the Secretary of the Treasury be, and he is hereby rebe transferred to quired, to cause such clerks as are now employed on lighthouse duties in the Treasury Department, to be transferred to the lighthouse board without any change of salary; and to provide the necessary accommodations for the secretaries and clerks, for the preservation of the archives, models, drawings, &c. &c., and for holding the meetings of the board, and that he cause to be transferred to the proper officers of the lighthouse board all the archives, books, documents, drawings, models, returns, apparatus, &c. &c., belonging to the lighthouse establishment of the United States.

Lighthouse districts.

SEC. 12. That it shall be the duty of the lighthouse board, immediately after being organized, to arrange the Atlantic, Gulf, Pacific, and Lake Coasts of the United States into lighthouse districts, not exceeding twelve in number; and the President is hereby authorized and required to Officer of the direct, that an officer of the army or navy be assigned to each district as a lighthouse inspector, subject to and under the orders of the lighthouse board, who shall receive for such service the same pay and emoluments that he would be entitled to by law for the performance of duty in the regular line of his profession, and no other, except the legal allowance per mile, when travelling under orders connected with his duties.

army or navy to be assigned to each.

His pay.

Rules and regulations to be established and distributed.

SEC. 13. That the said lighthouse board, by and with the consent and approbation of the Secretary of the Treasury, be authorized and required to cause to be prepared and distributed among the light-keepers, inspect

ors, and others employed in the lighthouse establishment, such rules, regulations, and instructions as shall be necessary for securing an efficient, uniform, and economical system of administering the lighthouse establishment of the United States, and to secure responsibility from them, which rules, regulations, and instructions, when approved, shall be respected and obeyed until altered and annulled by the same authority.

&c.

SEC. 14. That it shall be the duty of the lighthouse board to cause to Preparation of be prepared by the engineer secretary of the board, or by such officer of plans, estimates, engineers of the army as may be detailed for that service, all plans, draw-Bids, how ings, specifications, and estimates of cost, of all illuminating and other acted on. apparatus, and of construction and repair of towers, buildings, &c., connected with the lighthouse establishment, and no bid or contract shall be accepted or entered into, except upon the decision of the board, at a regular or special meeting, and through their properly authorized officers. SEC. 15. That hereafter all materials for the construction and repair of Materials, how lighthouses, light-vessels, beacons, buoys, &c., &c., shall be procured by public contracts, under such regulations as the board may from time to time adopt, subject to the approval of the Secretary of the Treasury, and all works of construction, renovation, and repair shall be made by the orders of the board, under the immediate superintendence of their engineer to be executed. secretary, or of such engineer of the army as may be detailed for that service.

contracted for.

Works, how

expenses, to be

SEC. 16. That it shall be the duty of the lighthouse board to furnish, Board to furupon the requisition of the Secretary of the Treasury, all the estimates nish estimates of of expense which the several branches of the lighthouse service may re- laid before Conquire, and such other information as may be required, to be laid before gress. Congress at the commencement of each session.

Other acts continued in

1851, ch. 37, tinued in force. §§ 2 and 3, con

SEC. 17. That all acts and parts of acts inconsistent with the provisions Inconsistent of this act, are hereby repealed, and all acts and parts of acts, relating to acts repealed. the lighthouse establishment of the United States, not inconsistent with the provisions of this act, and necessary to enable the lighthouse board, under the superintendence of the Secretary of the Treasury, to perform all duties relating to the management, construction, illumination, inspec- force. tion, and superintendence of lighthouses, light-vessels, beacons, buoys, seamarks, and their accessories, including the procuring and testing of apparatus, supplies, and materials of all kinds for illuminating, building, and rebuilding when necessary, maintaining and keeping in good repair the lighthouses, light-vessels, beacons, buoys, and sea-marks of the United States, and the second and third sections of the act making appropriations for lighthouses, light-vessels, buoys, &c., approved March third, eighteen hundred and fifty-one, are hereby declared to be in full force, and shall have the same effect as though this act had not passed: Provided, That no additional salary shall be allowed to any civil, military, or naval officer No additional! who shall be employed on the lighthouse board, or who may be in any salary to be paid. manner attached to the lighthouse service of the United States under this act: And provided, further, That it shall not be lawful for any member Members of of the lighthouse board, inspector, light-keeper, or other person in any the board not to manner connected with the lighthouse service, to be engaged either directly or indirectly in any contract for labor, materials, or supplies for the lighthouse service, nor to possess either as principal or agent any pecuniary interest in any patent, plan, or mode of construction or illumination, or in any article of supply for the lighthouse service of the United States.

be interested.