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48 USC CHAPTER 8 - GUANO ISLANDS 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8 - GUANO ISLANDS

-HEAD-

CHAPTER 8 - GUANO ISLANDS

-MISC1-

Sec.

1411. Guano districts; claim by United States.

1412. Notice of discovery of guano and proofs.

1413. Completion of proof on death of discoverer.

1414. Exclusive privileges of discoverer.

1415. Restrictions upon exportation.

1416. Regulation of trade.

1417. Criminal jurisdiction.

1418. Employment of land and naval forces in protection of

rights.

1419. Right to abandon islands.

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48 USC Sec. 1411 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8 - GUANO ISLANDS

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Sec. 1411. Guano districts; claim by United States

-STATUTE-

Whenever any citizen of the United States discovers a deposit of

guano on any island, rock, or key, not within the lawful

jurisdiction of any other government, and not occupied by the

citizens of any other government, and takes peaceable possession

thereof, and occupies the same, such island, rock, or key may, at

the discretion of the President, be considered as appertaining to

the United States.

-SOURCE-

(R.S. Sec. 5570.)

-COD-

CODIFICATION

R.S. Sec. 5570 derived from act Aug. 18, 1856, ch. 164, Sec. 1,

11 Stat. 119.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1415, 1417 of this title.

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48 USC Sec. 1412 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8 - GUANO ISLANDS

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Sec. 1412. Notice of discovery of guano and proofs

-STATUTE-

The discoverer shall, as soon as practicable, give notice

verified by affidavit, to the Department of State, of such

discovery, occupation, and possession, describing the island, rock,

or key, and the latitude and longitude thereof, as near as may be,

and showing that such possession was taken in the name of the

United States; and shall furnish satisfactory evidence to the State

Department that such island, rock, or key was not, at the time of

the discovery thereof, or of the taking possession and occupation

thereof by the claimants, in the possession or occupation of any

other government or of the citizens of any other government, before

the same shall be considered as appertaining to the United States.

-SOURCE-

(R.S. Sec. 5571.)

-COD-

CODIFICATION

R.S. Sec. 5571 derived from act Aug. 18, 1856, ch. 164, Sec. 1,

11 Stat. 119.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1413 of this title.

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48 USC Sec. 1413 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8 - GUANO ISLANDS

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Sec. 1413. Completion of proof on death of discoverer

-STATUTE-

If the discoverer dies before perfecting proof of discovery or

fully complying with the provisions of section 1412 of this title,

his widow, heir, executor, or administrator shall be entitled to

the benefits of such discovery, upon complying with the provisions

of this chapter. Nothing herein shall be held to impair any rights

of discovery or any assignment by a discoverer recognized prior to

April 2, 1872, by the United States.

-SOURCE-

(R.S. Sec. 5572.)

-COD-

CODIFICATION

R.S. Sec. 5572 derived from act Apr. 2, 1872, ch. 81, Sec. 1, 17

Stat. 48.

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48 USC Sec. 1414 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8 - GUANO ISLANDS

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Sec. 1414. Exclusive privileges of discoverer

-STATUTE-

The discoverer, or his assigns, being citizens of the United

States, may be allowed, at the pleasure of Congress, the exclusive

right of occupying such island, rocks, or keys, for the purpose of

obtaining guano, and of selling and delivering the same to citizens

of the United States, to be used therein, and may be allowed to

charge and receive for every ton thereof delivered alongside a

vessel, in proper tubs, within reach of ship's tackle, a sum not

exceeding $8 per ton for the best quality, or $4 for every ton

taken while in its native place of deposit.

-SOURCE-

(R.S. Sec. 5573.)

-COD-

CODIFICATION

R.S. Sec. 5573 derived from act Aug. 18, 1856, ch. 164, Sec. 2,

11 Stat. 119.

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48 USC Sec. 1415 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8 - GUANO ISLANDS

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Sec. 1415. Restrictions upon exportation

-STATUTE-

No guano shall be taken from any island, rock, or key mentioned

in section 1411 of this title, except for the use of the citizens

of the United States or of persons resident therein. The

discoverer, or his widow, heir, executor, administrator, or

assigns, shall enter into bond, in such penalty and with such

sureties as may be required by the President, to deliver the guano

to citizens of the United States, for the purpose of being used

therein, and to none others, and at the price prescribed, and to

provide all necessary facilities for that purpose within a time to

be fixed in the bond; and any breach of the provisions thereof

shall be deemed a forfeiture of all rights accruing under and by

virtue of this chapter.

-SOURCE-

(R.S. Sec. 5574.)

-COD-

CODIFICATION

R.S. Sec. 5574 derived from acts Aug. 18, 1856, ch. 164, Sec. 2,

11 Stat. 119; July 28, 1866, ch. 298, Sec. 3, 14 Stat. 328; Apr. 2,

1872, ch. 81, Sec. 1, 17 Stat. 48.

An additional provision of R.S. Sec. 5574 suspending this section

for 5 years from and after July 14, 1872, in relation to all

persons who had complied with the provisions of that title of the

Revised Statutes, was omitted as temporary.

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48 USC Sec. 1416 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8 - GUANO ISLANDS

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Sec. 1416. Regulation of trade

-STATUTE-

The introduction of guano from such islands, rocks, or keys shall

be regulated as in the coasting trade between different parts of

the United States, and the same laws shall govern the vessels

concerned therein.

-SOURCE-

(R.S. Sec. 5575.)

-COD-

CODIFICATION

R.S. Sec. 5575 derived from act Aug. 18, 1856, ch. 164, Sec. 3,

11 Stat. 120.

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48 USC Sec. 1417 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8 - GUANO ISLANDS

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Sec. 1417. Criminal jurisdiction

-STATUTE-

All acts done, and offenses or crimes committed, on any island,

rock, or key mentioned in section 1411 of this title, by persons

who may land thereon, or in the waters adjacent thereto, shall be

deemed committed on the high seas, on board a merchant ship or

vessel belonging to the United States; and shall be punished

according to the laws of the United States relating to such ships

or vessels and offenses on the high seas, which laws for the

purpose aforesaid are extended over such islands, rocks, and keys.

-SOURCE-

(R.S. Sec. 5576.)

-COD-

CODIFICATION

R.S. Sec. 5576 derived from act Aug. 18, 1856, ch. 164, Sec. 6,

11 Stat. 120.

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48 USC Sec. 1418 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8 - GUANO ISLANDS

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Sec. 1418. Employment of land and naval forces in protection of

rights

-STATUTE-

The President is authorized, at his discretion, to employ the

land and naval forces of the United States to protect the rights of

the discoverer or of his widow, heir, executor, administrator, or

assigns.

-SOURCE-

(R.S. Sec. 5577.)

-COD-

CODIFICATION

R.S. Sec. 5577 derived from act Aug. 18, 1856, ch. 164, Sec. 5,

11 Stat. 120.

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48 USC Sec. 1419 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8 - GUANO ISLANDS

-HEAD-

Sec. 1419. Right to abandon islands

-STATUTE-

Nothing in this chapter contained shall be construed as obliging

the United States to retain possession of the islands, rocks, or

keys, after the guano shall have been removed from the same.

-SOURCE-

(R.S. Sec. 5578.)

-COD-

CODIFICATION

R.S. Sec. 5578 derived from act Aug. 18, 1856, ch. 164, Sec. 4,

11 Stat. 120.

-End-