United States Statutes at Large/Volume 3/14th Congress/2nd Session/Chapter 22
Chap. XXII.—An Act making reservation of certain public lands to supply timber for naval purposes.
The Secretary of the Navy enjoined to cause land producing live oak and red cedar timbers to be explored and selections to be made of tracts, &c.
The tracts selected to be reserved, unless, &c.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy be authorized, and it shall be his duty, under the direction of the President of the United States, to cause such vacant and unappropriated lands of the United States as produce the live oak and red cedar timbers to be explored, and selection to be made of such tracts or portions thereof, where the principal growth is of either of the said timbers, as in his judgment may be necessary to furnish for the navy a sufficient supply of the said timbers. The said Secretary shall have power to employ such agent or agents and surveyor as he may deem necessary for the aforesaid purpose, who shall report to him the tracts by them selected, with the boundaries ascertained and accurately designated by actual survey or water courses, which report shall be laid before the President, which he may approve or reject in whole or in part; and the tracts of land thus selected with the approbation of the President, shall be reserved unless otherwise directed by law, from any future sale of the public lands, and be appropriated to the sole purposeProviso: rights of persons claiming not to be prejudiced, &c. of supplying timber for the navy of the United States: Provided, That nothing in this section contained shall be construed to prejudice the rights of any person or persons claiming lands which may be reserved as aforesaid.
Persons cutting timber on the lands reserved, or any live oak or red cedar on other public lands, &c. subject to fine and imprisonment.Sec. 2. And be it further enacted, That if any person or persons shall cut any timber on the lands reserved as aforesaid, or shall remove or be employed in removing timber from the same, unless duly authorized so to do, by order of a competent officer, and for the use of the navy of the United States; or if any person or persons shall cut any live oak or red cedar timber on, or remove or be employed in removing from any other public lands of the United States, with intent to dispose of the same for transportation to any port or place within the United States, or for exportation to any foreign country, such person or persons so offending and being thereof duly convicted before any court having competent jurisdiction, shall pay a fine not exceeding five hundred dollars and be imprisoned not exceeding six months.
Vessels taking on board timber from lands reserved, &c. forfeited.Sec. 3. 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 reserved as aforesaid, without proper authority and for the use of the navy, 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 seized, shall, with her tackle, apparel, and furniture be wholly forfeited. Exportation of timber contrary to this act, subjects the vessel to forfeiture and the master to a fine.Sec. 4. And be it further enacted, That if any timber as aforesaid shall, contrary to the prohibitions of this act, be exported to any foreign country, the ship or vessel in which the same shall have been exported shall be liable to forfeiture, and the captain or master of such ship or vessel shall forfeit and pay a sum not exceeding one thousand dollars.
Recovery of penalties, &c. and mitigation thereof, according to the acts mentioned.
1799, ch. 22.
1797, ch. 13.Sec. 5. And be it further enacted, That all penalties and forfeitures incurred for taking on board, transporting or exporting timber by force of this act, shall be sued for, recovered, and distributed, and accounted for in the manner prescribed by the act, entitled “An act to regulate the collection of duties on imports and tonnage,” and shall be mitigated or remitted in the manner prescribed by the act, entitled “An act to provide for mitigating or remitting the forfeitures, penalties, and disabilities accruing in certain cases therein mentioned.”
Approved, March 1, 1817.