rized by law, and the appropriation therefor explicitly set forth that is for such additional 23 August 1942. pay, extra allowance or compensation. (a)

5 Stat. 525.

42. No allowance or compensation shall be made to any clerk or other officer, by 28 Aug. 1842 12. reason of the discharge of duties which belong to any other clerk or officer in the same or any other department; and no allowance or compensation shall be made for any extra services whatever, which any clerk or other officer may be required to perform. 43. The proper accounting officers of the treasury, or other pay officers of the United 30 Sept. 1850 ? 1. States, shall in no case allow any pay to one individual the salaries of two different offices on account of having performed the duties thereof at the same time.(b) But this No person to reprohibition shall not extend to the superintendents of the executive buildings.

9 Stat. 542.

ceive pay of two offices, except, &c.

10 Stat. 22.

44. No officer of the United States who is in attendance upon any court of the United 21 July 1852 3 1. States, in the discharge of the duties of said office, shall receive any pay or compensation for his attendance as a witness on behalf of the government, at the same time that he Officers to receive receives compensation as such officer.

no pay as government witnesses.

10 Stat. 99.

officers to be al

45. Where the ministerial officers of the United States have or shall incur extraordi- 31 Aug. 1852 § 11, nary expense in executing the laws thereof, the payment of which is not specifically provided for, the president of the United States is authorized to allow the payment Ministerial thereof, under the special taxation of the district or circuit court of the district in which lowed for extrathe said services have been or shall be rendered, to be paid from the appropriation for ordinary exdefraying the expenses of the judiciary.(c)

46. No person hereafter, who holds or shall hold any office under the government of the United States, whose salary or annual compensation shall amount to the sum of two thousand five hundred dollars, shall receive compensation for discharging the duties of any other office.

penses incurred in executing the laws.

Ibid. 18.

Salvage.

1. Salvage on recaptures before condemnation. Amount of salvage.

3. When belonging to alien friends.

2. In case of recapture of public vessels.

4. Distribution of salvage.

5. Repeal of former laws.

2 Stat. 16.

tures before en

1. When any vessel other than a vessel of war or privateer, or when any goods which 3 March 1800 3 1. shall hereafter be taken as prize by any vessel, (d) acting under authority from the government of the United States, (e) shall appear to have before belonged to any person Salvage on recap or persons, resident within or under the protection of the United States, and to have been demnation. taken (g) by an enemy of the United States, or under authority, or pretence of authority, from any prince, government or state, against which the United States have authorized, or shall authorize, defence or reprisals, such vessel or goods not having been condemned as prize by competent authority before the recapture thereof, (h) the same shall be restored to the former owner or owners thereof; (i) he or they paying for and in lieu of salvage, if retaken by a public vessel of the United States, one-eighth part, and if retaken by a Amount of salvage. private vessel of the United States, one-sixth part, of the true value of the vessel or goods so to be restored, allowing and excepting all imposts and public duties to which the same may be liable.(k) And if the vessel so retaken shall appear to have been set forth and armed as a vessel of war, before such capture or afterwards, and before the retaking thereof as aforesaid, the former owner or owners, on the restoration thereof, shall be adjudged to pay for and in lieu of salvage, one moiety of the true value of such vessel of war or privateer.(1)

Ibid. 2 2.

2. When any vessel or goods, which shall hereafter be taken as prize by any vessel acting under authority from the government of the United States, shall appear to have In case of recapbefore belonged to the United States and to have been taken by an enemy of the United ture of public States, or under authority or pretence of authority from any prince, government or state,

(a) See White v. United States, Dev. C. C. 47. Holman's Administrator v. United States. Ibid. 151. 4 Opin. 269, 342, 347, 401, 463. 5 Ibid. 74. 6 Ibid. 69-70. This act does not forbid a person from holding two compatible offices at the same time. 5 Ibid. 765. See infra, 42, 43, 46.

(b) This act expressly prohibits the allowance of double salaries, In all cases, United States v. Smith, 5 Am. L. R. 269. (c) See 6 Opin. 220, 356.

(d) The act 28 June 1798 82, which appears to be fully supplied oy this act, provided "that whenever any vessel, the property of, or employed by any citizen of the United States, or person resident therein, or any goods or effects belonging to any such citizen or resident, shall be recaptured by any public armed versel of the United States, the same shall be restored to the former owner or owners, upon due proof, he or they paying and allowing, as and for salvage to the recaptors, one-eighth part of the value of such vessel, goods and effects, free of all deductions and expenses." 1 Stat. 574.

(e) On a recapture by a neutral vessel, no claim for salvage can arise, for such recapture is a hostile act, not justified by the situation of the nation to which the recapturing vessel belongs, in

vessels.

relation to that from the possession of which the recaptured vessel is taken. Talbot v. Seamen, 1 Cr. 1.

(g) In order to be entitled to salvage, as upon a recapture or rescue, the property must have been in possession of the enemy, either actual or constructive. The Ann Green, 1 Gall. 274.

(h) An American vessel was captured by an enemy, and after condemnation and sale to an enemy, was recaptured by an American privateer; the original owner claimed the vessel, and offered to allow salvage; but it was held, not to be a case for salvage; the property having become completely divested by the capture and condemnation. The Star. 3 Wh. 78.

(i) American property recaptured was restored on payment of salvage; the libel praying the condemnation as prize, but not claiming salvage. The question of salvage is incident to that of prize. The Adeline, 9 Cr. 244.

(k) This act allows as salvage one-sixth part of the value of the cargo, both of armed and unarmed vessels recaptured. The Adeline, 9 Cr. 244.

(1) The rate of salvage to which recaptures of an American vessel from pirates are entitled, is governed by this act. 1 Opin. 584.

8 March 1800. against which the United States have authorized, or shall authorize, defence or reprisals, such public vessel not having been condemned as a prize by competent authority before the recapture thereof, the same shall be restored to the United States. And for and in lieu of salvage, there shall be paid from the treasury of the United States, pursuant to the final decree which shall be made in such case by any court of the United States having competent jurisdiction thereof, to the parties who shall be thereby entitled to receive the same, for the recapture as aforesaid, of an unarmed vessel, or any goods therein, one-sixth part of the true value thereof, when made by a private vessel of the United States, and one-twelfth part of such value when the recapture shall be made by a public armed vessel of the United States; and for the recapture as aforesaid of a public armed vessel, or any goods therein, one moiety of the true value thereof, when made by a private vessel of the United States, and one-fourth part of such value when such recapture shall be made by a public armed vessel of the United States.

Ibid. 2 3.

3. When any vessel or goods which shall be taken as prize, as aforesaid, shall appear When belonging to have before belonged to any person or persons permanently resident within the territo alien friends. tory and under the protection of any foreign prince, government or state, in amity with the United States, (a) and to have been taken by an enemy of the United States, or by authority or pretence of authority from any prince, government or state, against which the United States have authorized, or shall authorize, defence or reprisals, (b) then such vessel or goods shall be adjudged to be restored to the former owner or owners thereof; he or they paying for and in lieu of salvage, such proportion of the true value of the vessel or goods so to be restored, as by the law or usage of such prince, government or state, within whose territory such former owner or owners shall be so resident, shall be required on the restoration of any vessel or goods of a citizen of the United States, under like circumstances of recapture, made by the authority of such foreign prince, government or state; and where no such law or usage shall be known, the same salvage shall be allowed as is provided by the first section of this act: Provided, That no such vessel or goods shall be adjudged to be restored to such former owner or owners, in any case where the same shall have been, before the recapture thereof, condemned as prize by competent authority; nor in any case where by the law or usage of the prince, government or state, within whose territory such former owner or owners shall be resident as aforesaid, the vessel or goods of a citizen of the United States, under like circumstances of recapture, would not be restored to such citizen of the United States: Provided also, That nothing herein shall be construed to contravene or alter the terms of restoration in cases of recapture, which are or shall be agreed on in any treaty between the United States and any foreign prince, government or state.

Ibid. 4.

salvage.

4. All sums of money which may be paid for salvage, as aforesaid, when accruing to Distribution of any public armed vessel, shall be divided to and among the commanders, officers and crew thereof, in such proportions as are or may be provided by law, respecting the distribution of prize-money; (c) and when accruing to any private armed vessel, shall be distributed to and among the owners and company concerned in such recapture, according to their agreements, if any such there be; and in case there be no such agreement, then to and among such persons, and in such proportions, as the court having jurisdiction thereof shall appoint.

Ibid. 25.

5. That such parts of any acts of congress of the United States, as respects the salvage Repeal of former to be allowed in cases of recapture, shall be and are hereby repealed, except as to cases of recapture made before the passing of this act.

acts.

1. Seal of the United States.

Seals.

2. To be affixed to all commissions. When signed by the president.

3. Seal of the treasury department to be affixed to commissions of revenue officers.

15 Sept 1789 2 3. 1 Stat 68.

Ibid. 4.

To be affixed to

4. Seal of the interior department to commissions of officers under direction of the secretary.

5. How seals may be affixed.

1. The seal heretofore used by the United States in congress assembled, shall be and hereby is declared to be the seal of the United States.

2. The said secretary (d) shall keep the said seal, and shall make out and record, and shall affix the said seal to all civil commissions, to officers of the United States, to be all commissions. appointed by the president by and with the advice and consent of the senate, or by the president alone: Provided, That the said seal shall not be affixed to any commission,

(a) Salvage is not due for rescuing a vessel of a neutral out of the hands of a belligerent, who has taken possession for a supposed violation of a treaty or the law of nations. The Antelope, Bee, 233.

577.

(b) This act, in spirit, applies to rescues from pirates. 1 Opin.

(c) See 1 Opin. 594.

(d) The secretary of state.

before the same shall have been signed by the president of the United States ;(1) nor to 15 Sept. 1789. any other instrument or act without the special warrant of the president therefor.

3. The commissions of all officers employed in levying or collecting the public revenue 15 May 1820 34 shall be made out and recorded in the treasury department, and the seal of the said department affixed thereto, any law to the contrary notwithstanding: Provided, That the said seal shall not be affixed to any such commission before the same shall have been signed by the president of the United States.

4. Hereafter the commissions of all officers under the direction and control of the secretary of the interior, shall be made out and recorded in the department of the interior, and the seal of the said department affixed thereto, any laws to the contrary notwith- Seal of the instanding: Provided, That the said seal shall not be affixed to any such commission before ment to commis the same shall have been signed by the president of the United States.

5. In all cases where a seal is necessary by law to any commission, process or other of the secretary. Ibid. 22. instrument provided for by the laws of congress, it shall be lawful to affix the proper seal by making an impression therewith directly on the paper to which such seal is How seals may necessary, which shall be as valid as if made on wax or other adhesive substance.

Ships and Shipping.

[See COASTING TRADE. COMMERCE. IMPORTS AND EXPORTS. MERCHANT SEAMEN. NAVIGATION. PASSENGERS. STEAMBOATS. YACHTS.]

I. REGISTRY OF VESSELS.

1. Ships or vessels which shall have been registered by virtue of the act entitled "An 31 Dec. 1792 L act for registering and clearing vessels regulating the coasting trade, and for other purposes,”(b) and those which, after the last day of March next, shall be registered pur

31 Dec. 1792.

What to be

deemed vessels of the United

States.

Ibid. 2.

What vessels to be admitted to

registry.

Ibid. 3.

Collectors to register vessels.

suant to this act, and no other, (except such as shall be duly qualified according to law, for carrying on the coasting trade and fisheries, or one of them), shall be denominated and deemed ships or vessels of the United States, entitled to the benefits and privileges appertaining to such ships or vessels: Provided, That they shall not continue to enjoy the same, longer than they shall continue to be wholly owned, and to be commanded by a citizen or citizens of the said states. (a)

2. Ships or vessels built within the United States, whether before or after the 4th of July 1776, and belonging wholly to a citizen or citizens thereof; or not built within the said states, but on the 16th day of May, in the year 1789, belonging and thenceforth continuing to belong to a citizen or citizens thereof; and ships or vessels which may hereafter be captured in war by such citizen or citizens, and lawfully condemned as prize, or which have been or may be adjudged to be forfeited for a breach of the laws of the United States, being wholly owned by a citizen or citizens thereof, and no other, may be registered as hereinafter directed: (b) Provided, That no such ship or vessel shall be entitled to be so registered, or if registered, to the benefits thereof, if owned in whole or in part by any citizen of the United States, who usually resides in a foreign country during the continuance of such residence, unless such citizen be in the capacity of a consul of the United States, or an agent for, and a partner in some house of trade or copartnership, consisting of citizens of the said states actually carrying on trade within the said states. (c)

3. Every ship or vessel hereafter to be registered (except as is hereinafter provided) shall be registered by the collector of the district in which shall be comprehended the port to which such ship or vessel shall belong at the time of her registry; which port shall be deemed to be that, at or nearest to which the owner, if there be but one, or if more than one, the husband or acting and managing owner, of such ship or vessel Name and port usually resides. (d) And the name of the said ship or vessel, and of the port to which to be painted on she shall so belong, shall be painted on her stern on a black ground, in white letters, of stern. not less than three inches in length. And if any ship or vessel of the United States Penalty for neg- shall be found without having her name and the name of the port to which she belongs painted in manner aforesaid, the owner or owners shall forfeit fifty dollars; (e) one-half to the person giving the information thereof, the other half to the use of the United States.(g)

ect.

Ibid. 4. Oath to obtain registry.

4. In order to the registry of any ship or vessel, an oath or affirmation shall be taken and subscribed by the owner, or by one of the owners thereof, (h) before the officer autho rized to make such registry, who is hereby empowered to administer the same; declaring, according to the best of the knowledge and belief of the person so swearing or affirming, the name of such ship or vessel, her burthen, the place where she was built, if built within the United States, and the year in which she was built; and if built within the United States before the said 16th day of May 1789, that she was then owned, wholly or in part, by a citizen or citizens of the United States; and if not built within the said states, that she was on the said 16th day of May, and ever since hath continued to be, the entire property of a citizen or citizens of the United States; or that she was at some time posterior to the time when this act shall take effect, (specifying the said time), captured in war by a citizen or citizens of the said states, and lawfully condemned (i) as prize, (producing a copy of the sentence of condemnation, authenticated in the usual forms); or that she has been adjudged to be forfeited for a breach of the laws of the United States, (producing a like copy of the sentence whereby she shall have been so adjudged), and declaring his or her name and place of abode, and if he or she be the sole owner of the said ship or vessel that such is the case; or if there be another owner or other owners, that there is or are such other owner or owners, specifying his, her or their name or names, and place or places of abode, (k) and that he, she or they, as the case may be, so swearing or affirming, is or are citizens of the United States; and where an owner resides in a foreign country, in the capacity of a consul of the United States, or as an agent for and a partner in a house or copartnership, consisting of citizens of the United States, and actually carrying on trade within the United States, that such is the case, and that there is no subject or citizen of any foreign prince or state, directly or indirectly, by way of trust, confidence or otherwise, interested in such ship or vessel, or in the profits or issues thereof; and that the master or commander thereof is a citizen,

(a) Free negrces are not citizens of the United States, so as to be qualified to command vessels. 1 Opin. 506. And see Dred Scott v. Sandford, 19 How. 393.

See 3 Opin. 606.

See infra. 33. The benefit of the registry of an American vessel is lost to the owner during his residence in a foreign country, but upon his return to this country the disability ceases. 1 Opin. 523.

(d) The registry is primâ facie evidence that the vessel belonged to such port. Dudley v. The Superior, 1 Newb. 176. Hili v.

The Golden Gate. Ibid. 312. Tree v. The Indiana, Crabbe, 479, (c) See act 18 February 1793 11, as to vessels licensed for the coasting trade; tit. "Coasting Trade," 15.

(9) See 2 Opin. 392, as to the recovery and disposition of penal ties under this act.

(h) The registry of a vessel, without such oath, is void, and does not confer on her the rights and privileges of a vessel of the United States. United States v. Bartlett, Daveis, 9. (i) See infra, 30, 34.

() And the share of each owner; see infra, 48.

naming the said master or

commander, and stating the means whereby, or manner in 31 Dec. 1792. which he is so a citizen. (a) And in case any of the matters of fact in the said oath or Penalty for false affirmation alleged, which shall be within the knowledge of the party, so swearing or swearing. affirming, shall not be true, (b) there shall be a forfeiture of the ship or vessel, together with her tackle, furniture and apparel, in respect to which the same shall have been made, or of the value thereof, to be recovered with costs of suit, of the person by whom such cath or affirmation shall have been made: (c) Provided always, That if the master, Master to make or person having the charge or command of such ship or vessel, shall be within the dis- oath to citizenship. trict aforesaid when application shall be made for registering the same, he shall himself make oath or affirmation, instead of the said owner, touching his being a citizen and the means whereby or manner in which he is so a citizen; (d) in which case, if what the said master or person having the said charge or command shall so swear or affirm, shall not be true, the forfeiture aforesaid shall not be incurred, but he shall himself forfeit and pay, by reason thereof, the sum of one thousand dollars.

Ibid. 25.

oath to the col

5. It shall be the duty of every owner, resident within the United States, of any ship or vessel to which a certificate of registry may be granted, (in case there be more than Other owners to one such owner), to transmit to the collector who may have granted the same, a like oath transmit a like or affirmation with that herein before directed to be taken and subscribed by the owner, lector. on whose application such certificate shall have been granted, and within ninety days after the same may have been so granted; which oath or affirmation may, at the option of the party, be taken and subscribed either before the said collector, or before the collector of some other district, or a judge of the supreme or a district court of the United States, or of a superior court of original jurisdiction of some one of the states. And if In default, resuch oath or affirmation shall not be taken, subscribed and transmitted as is herein gistry to be void required, the certificate of registry granted to such ship or vessel shall be forfeit and void.

Ibid. 26.

or master.

6. Before any ship or vessel shall be registered, she shall be measured by a surveyor, if there be one, or by the person he shall appoint at the port or place where the said ship Vessels to be or vessel may be, and if there be none, by such person as the collector of the district measured before registry. within which she may be shall appoint, according to the rule prescribed by the 43d section of the act entitled "An act to provide more effectually for the collection of the duties imposed by law on goods, wares and merchandise imported into the United States, and on the tonnage of ships or vessels."(e) And the officer or person by whom such Certificate. admeasurement shall be made, shall, for the information of, and as a voucher to, the officer by whom the registry is to be made, grant a certificate, specifying the build of such ship or vessel, her number of decks and masts, her length, breadth, depth, the number of tons she measures, and such other particulars as are usually descriptive of the identity of a ship or vessel; and that her name and the place to which she belongs are painted on her stern, in manner required by the third section of this act. Which certificate shall To be counterbe countersigned by an owner, or by the master of such ship or vessel, or by some other signed by owner person who shall attend her admeasurement on behalf of her owner or owners, in testimony of the truth of the particulars therein contained; without which, the said certificate shall not be valid. But in all cases where a ship or vessel has before been registered as Second measure a ship or vessel of the United States, it shall not be necessary to measure her anew for ment not to be required. the purpose of obtaining another register; except such ship or vessel shall have undergone some alteration as to her burthen, subsequent to the time of her former registry. 7. Previous to the registry of any ship or vessel, the husband or acting and managing owner, together with the master thereof, and one or more sureties to the satisfaction of Owner and masthe collector of the district, whose duty it is to make such registry, shall become bound ter to give bond to the United States, if such ship or vessel shall be of burthen not exceeding fifty tons, in the sum of four hundred dollars; if of burthen above fifty tons and not exceeding one hundred, in the sum of eight hundred dollars; if of burthen above one hundred Penalty. tons and not exceeding two hundred, in the sum of twelve hundred dollars; if of burthen above two hundred tons and not exceeding three hundred, in the sum of sixteen hundred dollars; and if of burthen exceeding three hundred tons, in the sum of two thousand dollars; with condition (g) in each case, that the certificate of such registry shall be Condition. solely used for the ship or vessel for which it is granted, and shall not be sold, lent or

(a) A native citizen, who resides in a foreign country, may command a registered vessel of the United States. United States v. Gillies, Pet. C. C. 159.

(b) If the oath describe one of the owners as "of the city of New York." when he is domiciled in England, the vessel is forfeited. The Venus, 8 Cr. 253.

(c) See United States v. The Burdett, 9 Pet. 682. The ship is not liable to forfeiture in the hands of any holder, other than the person falsely swearing, except where such holder would be liable to a suit for the value. United States v. The Anthony Mangin. 2 Pet. Adm. 468. The absolute property in the vessel does not vest in the United States on the taking of the false oath; some act must

Ibid. 7.

with sureties.

be done manifesting the intention of the government to take the vessel, and not its value. If the government elects to take the value, it can be recovered only in an action against the per son who committed the offence. United States v. Grundy, 3 Cr. 338.

(d) The registry acts are only designed for the protection of the revenue, and do not affect the validity of the master's authority. The Boston, 1 Bl. & How. 309, 319.

(e) Act 4 August 1790. 1 Stat. 145. This act has been repealed, but see tit. "Imports and Exports," 264, for the mode of ascertain ing the tonnage of vessels.

(g) See United States v. Hipkin, 2 Hall, L. J. 80.