CHAPTER 8—GUANO ISLANDS

        

§1411. Guano districts; claim by United States

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.

(R.S. §5570.)

Editorial Notes

Codification

R.S. §5570 derived from act Aug. 18, 1856, ch. 164, §1, 11 Stat. 119.

§1412. Notice of discovery of guano and proofs

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.

(R.S. §5571.)

Editorial Notes

Codification

R.S. §5571 derived from act Aug. 18, 1856, ch. 164, §1, 11 Stat. 119.

§1413. Completion of proof on death of discoverer

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.

(R.S. §5572.)

Editorial Notes

Codification

R.S. §5572 derived from act Apr. 2, 1872, ch. 81, §1, 17 Stat. 48.

§1414. Exclusive privileges of discoverer

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.

(R.S. §5573.)

Editorial Notes

Codification

R.S. §5573 derived from act Aug. 18, 1856, ch. 164, §2, 11 Stat. 119.

§1415. Restrictions upon exportation

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.

(R.S. §5574.)

Editorial Notes

Codification

R.S. §5574 derived from acts Aug. 18, 1856, ch. 164, §2, 11 Stat. 119; July 28, 1866, ch. 298, §3, 14 Stat. 328; Apr. 2, 1872, ch. 81, §1, 17 Stat. 48.

An additional provision of R.S. §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.

§1416. Regulation of trade

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.

(R.S. §5575.)

Editorial Notes

Codification

R.S. §5575 derived from act Aug. 18, 1856, ch. 164, §3, 11 Stat. 120.

§1417. Criminal jurisdiction

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.

(R.S. §5576.)

Editorial Notes

Codification

R.S. §5576 derived from act Aug. 18, 1856, ch. 164, §6, 11 Stat. 120.

§1418. Employment of land and naval forces in protection of rights

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.

(R.S. §5577.)

Editorial Notes

Codification

R.S. §5577 derived from act Aug. 18, 1856, ch. 164, §5, 11 Stat. 120.

§1419. Right to abandon islands

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.

(R.S. §5578.)

Editorial Notes

Codification

R.S. §5578 derived from act Aug. 18, 1856, ch. 164, §4, 11 Stat. 120.