Page:United States Statutes at Large Volume 4.djvu/518

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Statute ⅠⅠ.


March 2, 1831.

Chap. LXVI.An Act to provide for the punishment of offences committed in cutting, destroying, or removing live oak and other timber or trees reserved for naval purposes.

Act of Feb. 23, 1822, ch. 9.
Act of Mar. 2, 1831, ch. 66.
Act of Mar. 2, 1833, ch. 67, sec. 3.[1]
Any person cutting, &c. live oak, or, &c..
Any person removing, &c.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if any person or persons shall cut, or cause or procure to be cut, or aid, assist, or be employed in cutting, or shall wantonly destroy, or cause or procure to be wantonly destroyed, or aid, assist, or be employed in wantonly destroying any live oak or red cedar tree or trees, or other timber standing, growing, or being on any lands of the United States, which, in pursuance of any law passed, or hereafter to be passed, shall have been reserved or purchased for the use of the United States, for supplying or furnishing therefrom, timber for the navy of the United States; or if any person or persons shall remove, or cause or procure to be removed, or aid, or assist or be employed in removing from any such lands which shall have been reserved or purchased as aforesaid, any live oak or red cedar tree or other trees, or other timber, unless duly authorized so to do, by order, in writing, or a competent officer, and for the use of the navy of the United States; or if any personAny person cutting or, &c. to pay a fine, &c. or persons shall cut, or cause or procure to be cut, or aid, or assist, or be employed in cutting any live oak or red cedar tree or trees, or other timber on, or shall remove, or cause or procure to be removed, or aid, or assist, or be employed in removing any live oak or red cedar trees, or other timber, from any other lands of the United States, acquired, or hereafter to be acquired, with intent to export, dispose of, use, or employ the same in any manner whatsoever, other than for the use of the navy of the United States; every such person or persons so offending, on conviction thereof before any court having competent jurisdiction, shall, for every such offence, pay a fine not less than triple the value of the tree or trees, or timber so cut, destroyed, or removed, and shall be imprisoned not exceeding twelve months.

Vessels employed in taking away, &c. to be forfeited.Sec. 2. And be it further enacted, That if the master, owner, or consignee of any ship or vessel shall, knowingly, take on board any timber cut on lands, which shall have been reserved or purchased as aforesaid, without proper authority, and for the use of the navy of the United States; or shall take on board any live oak or red cedar timber cut on any other lands of the United States, with intent to transport the same to any port or place within the United States, or to export the same to any foreign country, the ship or vessel on board of which the same shall be taken, transported, or seized, shall, with her tackle, apparel, and furniture, beCaptain to be fined. wholly forfeited to the United States, and the captain or master of such ship or vessel wherein the same shall have been exported to any foreign country against the provisions of this act, shall forfeit and pay to the United States a sum not exceeding one thousand dollars.

Penalties, how to be sued for, &c.Sec. 3. And be it further enacted, That all penalties and forfeitures incurred under the provisions of this act shall be sued for, recovered and distributed, and accounted for, under the direction of the Secretary of the Navy, and shall be paid over, one half to the informer or informers, if any, or captors, where seized, and the other half to the commissioners of the navy pension fund, for the use of the said fund;Mitigation of penalty. and the commissioners of the said fund are hereby authorized to mitigate, in whole or in part, and on such terms and conditions as they shall deem proper, and order, in writing, any fine, penalty, or forfeiture incurred under this act.

Approved, March 2, 1831.

  1. The provisions of the act of March 2, 1833, ch. 67, sec. 3, were repealed by “An act to set aside certain reservations of land on account of live oak in the south-eastern district of Louisiana.” March 3, 1843, ch. 77.