any excess over those respective amounts shall be paid by the officer re- Excess to be ceiving the same into the treasury of the United States, and shall be paid over. credited to the fund for paying naval pensions.

SEC. 22. And be it further enacted, That the auctioneers employed to Auctioneers' make sales of prize property shall be entitled to receive commissions by pay, &c. a scale to be established by the Secretary of the Navy, not to exceed, in any case, one half of one per centum on any sum exceeding ten thousand dollars on vessels, nor one per centum on said sum of other prize property, which shall be in full for his expenses, as well as their services; and in case no such scale shall be established, they shall be entitled to receive such compensation as the court shall deem just under the circumstances of each case.

Special counsel

SEC. 23. And be it further enacted, That in any case of capture heretofore made, or that may hereafter be made by vessels of the navy, the for captors. Secretary of the Navy may employ special counsel for captors, when, in his judgment, the services of such special counsel are needed in the particular case, for the due protection of the interests of the captors and of the navy-pension fund; and under the direction of the Secretary of the Navy such counsel may institute and prosecute such proceedings in the case as may be necessary and proper for the protection of such interests. The court may allow such compensation as it shall deem just under the Court may allow circumstances of each case to special counsel for captors, not being the compensation. district attorney or any of his assistants, whether appointed by a department of the government or by the captors, for services actually rendered in the cause, to be paid as costs, in whole or in part either from the entire fund or from the portion awarded to the captors; but no such allowance shall be made except for services rendered on matters as to which the party the counsel represents has an adverse interest to the United States, or an interest otherwise proper in the opinion of the court to be represented by special counsel, or for services rendered in a contestation between parties claiming to participate in the distribution of the proceeds.

Fees of special counsel to be

SEC. 24. And be it further enacted, That fees of special counsel in prize cases incurred or authorized by any department of the government, charged to what or for the defence of captors against demands for damages made by claim- fund. ants in the district court, not paid by claimants, nor from the prize fund in the particular cause, and audited and allowed by the department incurring or authorizing them, and by the solicitor of the treasury, shall be a charge, upon and paid out of, the funds appropriated for defraying the expenses of suits in which the United States is a party or interested.

Witness fees,

Prize property not to be de

SEC. 25. And be it further enacted, That whenever the court shall allow fees to any witness in a prize cause, or fees for taking evidence out of the district in which the court sits, and there is no money subject to its how to be paid. order in the cause, the same shall be paid by the marshal, and shall be repaid to him from any money deposited to the order of the court in said cause; and any amount not so repaid the marshal shall be allowed as witness fees paid by him in cases in which the United States is a party. SEC. 26. And be it further enacted, That no prize property shall be delivered to the claimants on stipulation, deposit, or other security, except livered to claimwhere there has been a decree of restitution and the captors have appealed ants on stipulatherefrom, or where the court, after a full hearing on the preparatory tion, &c., unless, proofs, has refused to condemn the property on those proofs, and has given the captors leave to take further proofs, or where the claimant of any property shall satisfy the court that the same has a peculiar and intrinsic value to him, independent of its market value. In any of these cases, the court may deliver the property on stipulation or deposit of its value, if it shall be satisfied that the rights and interests of the United States and captors, or of other claimants, will not be prejudiced thereby, a satisfactory appraisement being first made, with an opportunity given to the district attorney and naval prize commissioner to be heard as to the appointment VOL. XIII. PUB. - 27

&c.

If captured vessel, &c., is taken by government before it is in custody of prize court.

Proceedings for

and where to be commenced, if property is not sent in, &c.

of appraisers. And any money deposited in lieu of stipulation, and all money collected on a stipulation, not being costs, shall be deposited with the assistant treasurer in the same manner as proceeds of a sale.

SEC. 27. And be it further enacted, That whenever any captured vessel, arms, munitions, or other material shall be taken for the use of the government before it comes into the custody of a prize court, it shall be surveyed, appraised, and inventoried by persons as competent and impartial as can be obtained, and the survey, appraisement, and inventory shall be sent to the court in which proceedings are to be had; and if taken afterwards, sufficient notice shall first be given to enable the court to have the property appraised for the protection of the rights of the claimants and captors. In all cases of prize property heretofore taken for, or appropriated, to the use of the government, or that shall hereafter be so taken or appropriated, the department for whose use it was or shall be taken or appropriated, shall deposit the value thereof with the assistant treasurer of the United States nearest to the place of the session of the court, subject to the order of the court in the cause.

SEC. 28. And be it further enacted, That in case of any capture hereadjudication how tofore made, or that.shall hereafter be made, if, by reason of its condition, or because the whole has been appropriated to the use of the United States, no part of the captured property has been or can be sent in for adjudication, or if the captured property be entirely lost or destroyed, proceedings for adjudication may be commenced in any district the Secretary of the Navy may designate. And in any such case the proceeds of anything sold, or the value of anything taken or appropriated for the use of the government, shall be deposited with the assistant treasurer in or nearest to that district, subject to the order of the court in the cause. If, when When captors no property can be sent in for adjudication, the Secretary of the Navy may institute pro- shall not, within three months after any capture, designate a district for ceedings. the institution of proceedings, the captors may institute proceedings for adjudication in any district. And if, in any case of capture, no proceedings for adjudication shall be commenced within a reasonable time, any parties claiming the captured property may, in any district court, as a court of prize, move for a monition to show cause why such proceedings shall not be commenced, or institute an original suit in such court for restitution, and the monition issued in either case shall be served on the attorney of the United States for the district, and on the Secretary of the Navy, as well as on such other persons as the court shall order to be notified.

Proceedings

where captors delay commencing proceedings.

Salvage for recaptures.

SEC. 29. And be it further enacted, That when any vessel or other property shall have been captured by any force hostile to the United States, and shall be recaptured, and it shall appear to the court that the same had not been condemned as prize before its recapture, by any competent authority, the court shall award a meet and competent sum as salvage, according to the circumstances of each case; and if the captured property belonged to the United States, it shall be restored to the United States, and there shall be paid from the treasury of the United States the salvage, costs, and expenses ordered by the court; and if the recaptured property belonged to persons residing within or under the protection of the United States, the court shall adjudge the property to be restored to its owners upon their claim, on the payment of such sum as the court may award as salvage, costs, and expenses; and if the recaptured property belonged to any person permanently resident within the territory and under the protection of any foreign prince, government, or state in amity with the United States, and by the law or usage of such prince, government, or state, the property of a citizen of the United States would be restored under like circumstances of recapture, it shall be adjudged to be restored to such owner upon his claim, upon such terms as by the law or usage of such prince, government, or state would be required of a citizen

Recaptures.

of the United States under like circumstances of recapture; and when no such law or usage shall be known, it shall be adjudged to be restored upon the payment of such salvage, costs, and expenses as the court shall order: Provided, That nothing in this act shall be construed to contravene any treaty of the United States. And the whole amount awarded as salvage shall be decreed to the captors, and no part to the United vage to go to the States, and shall be distributed as in the case of proceeds of property condemned as prize.

No part of sal

United States.

Captured property may be

SEC. 30. And be it further enacted, That if it shall appear to the court, in the case of any prize property ordered to be sold, that it will be for the transferred to interest of all parties to have it sold in another district, the court may another district direct the marshal to transfer the same to the district selected by the court for sale. for the sale, and to insure the same with proper orders as to the time and manner of selling the same. And it shall be the duty of the marshal so to transfer the property, and keep and sell the same in like manner as if the property were in his own district; and he shall deposit the gross proceeds of the sale with the assistant treasurer nearest to the place of sale, subject to the order of the court in which the adjudication thereon is pending; and the necessary expense attending the insuring, transferring, receiving, keeping, and selling the said property shall be a charge thereupon and upon the proceeds thereof; and whenever any such expense is paid in advance by the marshal, and he shall not be repaid from the proceeds, any amount not so repaid he shall be allowed as in case of expenses incurred in suits in which the United States is a party. The Secretary of the Navy may, in like manner, either by a general regulation or special direction in any cause, require a marshal to transfer any prize property from the district in which the judicial proceedings are pending to any other district for sale, and the same proceedings shall be had as if such transfer had been made by order of the court, as hereinbefore provided. SEC. 31. And be it further enacted, That if any person shall wilfully do any act, or aid, assist, or advise, in the doing of any act relating to the bringing in, custody, preservation, sale, or other disposition of any property captured as prize, or relating to any documents or papers connected with the property, or to any deposition or other document or paper connected with the proceedings, with intent to defraud, delay, or injure the United States, or any captor or claimant of such property, he shall, on conviction, be punished by a fine not exceeding ten thousand dollars, or by imprisonment not exceeding five years, or both, at the discretion of the

court.

Wilfully acting with intent to decaptor or claimants, &c., how punished.

fraud, or delay

Term "vessels

SEC. 32. And be it further enacted, That in the term "vessels of the navy" shall be included, for the purposes of this act, all armed vessels of the navy to officered and manned by the United States, and under the control of the Department of the Navy.

SEC. 33. And be it further enacted, That the provisions of this act shall be applied to all captures made as prize by authority of the United States, or adopted and ratified by the President of the United States. SEC. 34. And be it further enacted, That this act shall apply to all prize proceedings now pending.

SEC. 35. And be it further enacted, That the act entitled "An act providing for salvage in cases of recapture," approved on the third day of March, in the year eighteen hundred, and the act entitled "An act in addition to the act concerning letters-of-marque, prizes, and prize goods," approved on the twenty-seventh day of January, in the year eighteen hundred and thirteen, and the act entitled "An act in addition to an act entitled an act in relation to the navy pension fund," approved on the sixteenth day of April, eighteen hundred and sixteen, and an act entitled "An act to facilitate judicial proceedings in adjudications upon captured property and for the better administration of the law of prize," approved on the twenty-fifth day of March, eighteen hundred and sixty-two, and

include what.

This act to apply to all captures, &c.;

and to pending proceedings.

of

Repeal of acts

1800, ch. 14.

Vol. ii. p. 16.

1813, ch. 13. Vol. ii. p. 792.

1816, ch. 56.

Vol. iii. p. 287.

1862, ch. 500. Vol. xii. p. 374.

1862, ch. 204, §§ 2, 6, 12.

1863, ch. 86.

the second, sixth, and twelfth sections of an act entitled "An act for the better government of the navy of the United States," approved on the seventeenth day of July, eighteen hundred and sixty-two, and the act entitled "An act further to regulate proceedings in prize cases and to Vol. xi. p. 759. amend various acts of congress in relation thereto," approved on the third day of March, eighteen hundred and sixty-three, and all other acts and parts of acts inconsistent herewith, are hereby repealed. APPROVED, June 30, 1864.

CHAP. CLXXV.— An Act to establish certain Post-Roads.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following be established as post-roads:

CALIFORNIA.

From San Buena Ventura, California, via Ravena City, and Big Meadows on the Mohave River, to the sink of said river, and thence to Fort Mohave on the Colorado River, and Fort Whipple, to Santa Fé, New Mexico;

From Keysville, via Walker's Pass, Little Owen Lake, and Big Owen Lake, to Union Mills;

From Red Bluff, via Zelley's Ferry, Battle Creek, Parkville, Millville, and Buckeye, to Shasta ;

From Los Angelos to La Paz, and thence to the capital of Arizona Territory, and thence to Santa Fe;

From San Jose, in Santa Clara County, via the mountain road leading into Pajer's Valley, to Watsonville, in Santa Cruz County;

From San Mateo to Pescadero, in Santa Cruz County;

From Aurora to San Carlos;

From Visalia to San Carlos :

From Stockton, via Copperopolis, to Angel's;

From Sonora, California, via Bridgeport, to Aurora, Nevada Territory From Susanville, in Lassen County, California, to Boise City, in Idaho Territory;

From Campo Seco to Mokelumne Hill;

From Crescent City, California, to Waldo, Oregon;

From San Bernardino, California, to La Paz, Arizona Territory;

From Fulsom City, via Uniontown, to Coloma;

From San Pedro to Wilmington and Los Angelos.

ILLINOIS.

From Elgin, via Burlington, to Sycamore;

From Rock Island, via Camden Mills, Pleasant Ridge, Hazlet, Hamlet, Perryton, Aledo, High Point, New Boston, Keithsburg, Oquawka, Sagetown, Hopper's Mills, Shohoken, Tinappity, Dallas City, Pontoosac, and Appanoose, to Fort Madison, Iowa;

From Luda, Ogle County, to New Milford, Winnebago County;

From Argo, via Morrison road, in the town of York, and Baker's
Spring, in the town of Union Grove, to Morrison;

From Hale, Ogle County, to Payne's Point;
From Beaverville, via Donovan, to Iroquois ;
From Moro, via Ridgely, to Prairie City;

From Sparta, via Shiloh Hill, to Jones' Creek ;

From Grand Ridge Settlement, in the southwest township of Kankakee County, via Norton township, Union Hill, Essex township, Kankakee County, and Reid township, in Will County, to Wilmington in same county;

From Joliet, via Grinton, in Troy township, and Seward, to Platteville, in Kendall County;

From Clifton, Iroquois County, via L'Erable, (intersecting main road running north and south on east side of Iroquois River,) and Martenton, to Middleport;

From Dupage, via East Wheatland, to Plainfield;

From Aurora, Kane County, via Wheatland, and Tamorack, to Plainfield;

From Naperville, Dupage County, to Copenhagen, in same county; From Lamont, Cook County, via Dupage, Will County, to Naperville, Dupage County;

From Sycamore, De Kalb County, via Genoa, North Kingston, and Blood's Point, to Belvidere, Boone County;

From Shabbona, De Kalb County, to Malta, in same county;

From Chester to Red Bud;

From Lewistown, Fulton County, to Lincoln, Logan County;

From Carthage, Hancock County, via Charles Abbott's, and John
Ruth's, to Dallas City, in Hancock and Henderson Counties;
From Carthage to Fountain Green, in Hancock County;

From Ottowa, via Ford's Comet, Prairie Centre, Ophir Centre, and
Triumph, to Mendota.

INDIANA.

From Portland, via College, Antioch, Boundary City, and Pittsburg, to Salem;

From Perryville to State Line City;

From Union City, via New Pittsburg, and Antioch, to Jay CourtHouse.

IOWA.

From Washington, via North English, Webster, and Coal Creek, in Keohuk County, Union and New Sharon, to Granville, in Mahaska County;

From Vinton to Blairstown, in Benton County;

From Iuka, via Toledo, Wolf Creek, and Buckingham, to Waterloo ;
From Lexington, via Washington, to Wassonville;

From Sioux City, Iowa, via Vermillion, and Yancton, in Dakota, Niobraroh, in Nebraska, to Gallatin and Bannock City, in Idaho Territory;

From Waterloo, via Hudson, Grundy Centre, and Vienna, to Marshalltown ;

From Mt. Ayr, via Eugene, to Afton;

From Belle Plaine, via West Irving, Waltham, Brush, Grove, and and Six Mile Grove, to Waterloo ;

From Fredericksburg to New Hampton;

From Marengo, in Iowa County, via Millersburg, North English, and South English, Edom, Scotland, Seventy-six, and Cedarville, to Washington;

From Monticello, via Castle Grove, Prairieburg, Boulder, Waubeck, and Jordan's Grove, to Marion;

From Onawa City, via Arcola, Mapleton, and Morris, to Ida;

From Lewis, via Oakfield, to Exira;

From Big Grove, via Newtown, to Harlan ;

From Council Bluff, via Keg Creek, to Harlan ;

From Council Bluff, via Keg Creek, Newtown, Harris Grove, and

Oakfield, to Hamlin's Grove;

From Ottawa, via Glenn's and Garden Grove, to High Point;

From Indianola, via Oceola, to Leon;

From Decatur City, Iowa, via Princeton, and Trenton, Missouri, to Chillicothe ;

From Lewis, via Grant, to Sciola;

Post-roads es

tablished in

Illinois.

Indiana.

Iowa.