26 August 1852. for such work as shall have been faithfully executed, which certificate shall be made payable to the public printer at the treasury of the United States, and shall not be To be a sufficient assignable or transferable by indorsement or delivery to any third party. Said certificate of the superintendent shall be a sufficient voucher for the comptroller to pass, and for the treasurer, upon the order of the second comptroller, to pay the same. (a)

voucher.

Ibid. 4.

proposals for paper.

To whom contract to be awarded.

Samples to be preserved.

3. It shall be the duty of the said superintendent of the public printing to advertise To advertise for annually in one or more newspapers of general circulation in the cities of Boston, New York, Philadelphia, Baltimore, Washington, New Orleans, Louisville and Cincinnati, for the space of sixty days prior to the first of December, for sealed proposals to furnish the government of the United States all paper which may be necessary for the execution of the public printing, of quality and in quantity to be specified in the said advertisements, from year to year. He shall open such proposals as may be made, in the presence of the president of the senate and speaker of the house of representatives, on the first Tuesday after the first Monday of December annually, provided a speaker shall have been elected, or as soon thereafter as a speaker shall be elected; and shall award the contract for furnishing all of said paper, or such class thereof as may be bid for, to the lowest bidder, whose sample, accompanying his bid, shall most nearly approximate to the quality of paper (size, weight and texture all considered) advertised for by the said superintendent. The sample offered with the bid accepted shall be preserved by the said superintendent, and it shall be his duty to compare these with the paper furnished by the public contractor; and he shall not accept any paper from the contractor which does To charge printer not conform to the sample preserved as aforesaid. It shall be the duty of the superinwith paper delivered. tendent of the public printing to deliver the paper for the printing of the United States upon the requisitions of the public printer or printers, and to charge him or them therewith; and as the printing is returned and passed by the said superintendent, he shall credit the public printer with the quantity used in the public service. It shall be the duty of said superintendent to have the requisitions of the printer and the returns of paper by the printer balanced at least once in each year, and in default thereof to report the same to congress for such proceedings as congress may direct. In default of any Liability of con- contractor under this law to comply with his contract in furnishing the paper in proper time and of proper quality, the superintendent is authorized to advertise for proposals, as hereinbefore provided, and award the contract to the lowest bidder; and for any increase of cost to the government in procuring a proper supply of paper for the use of the government, the contractor in default and his securities shall be charged with and held responsible for the same, and shall be prosecuted upon their bond, by the superin tendent, in the name of the United States, in the circuit court of the United States for the District of Columbia.

Accounts to be balanced and annually reported to congress.

tractor and his

Bureties, in case of default.

Ibid. 25. Within what

be executed.

fault.

4. The public printer shall be required to execute each job of printing intrusted to him within thirty days from the date of its delivery by the superintendent, except bills, time printing to reports and joint resolutions, which shall be returned as the clerk of the house or secretary of the senate shall require, unless for good reasons shown, the superintendent of Penalty for de- printing shall extend the time. And should the printer detain any matter longer than thirty days, a deduction of five per centum shall be made by the superintendent, from the account of the printer for such job, and an additional deduction of five per centum for an additional detention of twenty days. If the public printer shall detain such matter for sixty days, the superintendent shall withdraw it entirely, and shall employ another printer to execute the same with promptness upon the terms provided by law; and in such case the public printer shall not be allowed therefor.

Ibid. 26. Superintendent rested in print ing or contracts.

not to be inte

Penalty.

Ibid. 27.

houses composi

for but once.

5. The superintendent of the public printing shall not be directly or indirectly interested in the business of the public printing, or in any material to be used by the public printer, or in any contract for furnishing paper to congress or to any department or bureau of the government of the United States. For any violation of this provision the superintendent of the public printing shall forfeit his office, and may be indicted before the district court for the District of Columbia, and if found guilty, shall be imprisoned in the penitentiary of the District of Columbia, for any term not less than one nor more than five years, and in addition thereto, may be fined in any sum from one thousand to ten thousand dollars.

6. [When any document shall be ordered to be printed by both houses of congress. (b) When printing the entire printing of such document shall be done by the printer of that house which ordered by both first ordered the same.] And whenever the same person or the same firm shall be printer tion to be paid for both houses of congress, and both houses shall order the same document to be printed within three weeks of the same time, composition shall be charged but once for said document; and no sum shall be paid to said printer for altering the headings from do not require to be approved by the secretary of the interior. 6 Opin. 228. (b) See infra, 8.

(a) The requisitions of the superintendent of public printing are to be made by him directly on the secretary of the treasury, and

the form in which he printed them first to the form or forms in which such documents 26 August 1852. shall afterwards be printed.

10 Stat. 190.

binding of docu

7. Of all the documents, the printing of additional copies of which may be ordered by 3 March 1853 8 1 either house of congress, and the size of which shall not be less than two hundred and fifty pages, such additional copies shall be bound in such manner as may be directed by To supervise the respective committees on printing of each house, the cost of which shall not exceed ments." twelve and a half cents per volume; and it shall be the duty of the superintendent of the public printing to supervise the binding of the public documents, to receive said. binding when executed, and see that the same is done in a neat and workmanlike manner, according to such sample as may be preserved in his office, and in proper time; and before the binder shall receive pay for the same, he shall produce the certificate of the said superintendent that his work has been executed as above required, and has been accepted by him. And it shall also be the duty of the said superintendent to receive and pre- And preserve serve in his office samples of paper upon which maps, charts, diagrams, plats or other samples of paper, engravings may be contracted to be furnished, and to receive from the contractor said maps, charts, diagrams, plats or other engravings, and compare the paper upon which they may be printed with the samples so preserved; and he shall not receive any map, chart, diagram, piat or other engraving which may not be printed on paper equal to the samples so preserved, or which may not be executed in a proper manner, and within the time specified in the contract, (unless for special reasons the superintendent may extend the time) and which may not be in the quantity called for thereby; and said contractor shall not receive pay for the same, except upon the certificate of the superintendent that the foregoing requisites have been complied with.

&c.

10 Stat. 298.

do printing for

8. The portion of the 7th section of the act of 26th August 1852, entitled "An act to 31 May 1854 ? & provide for executing the public printing and establishing the prices thereof, and for other purposes," which provides "that when any documents shall be ordered to be Each printer to printed by both houses of congress, the entire printing of such documents shall be done the respective by the printer of that house which first ordered the same," is hereby repealed; and when there are different printers for the respective houses, each shall do the printing which may hereafter be ordered by the house electing him.

houses.

10 Stat. 722.

9. When any charts, maps, diagrams, views or other engravings shall be required to 18 Jan. 1855 ? 1. illustrate any document ordered to be printed by either house of congress, such engravings shall be procured by the superintendent of the public printing, under the supervision Engraving to be supervised by and direction of such committee as the house ordering the printing of any such docu- superintendent. ment shall direct.

Ibid. 2.

10. The paper necessary for the execution of all such engravings shall be obtained in the same manner, and under the same regulations and restrictions, as are now provided Contracts for by the act of August 26, 1852, for the obtainment of other printing paper.

paper.

11. All plates which have been engraved for any document ordered by either house Ibid. 23. of congress, and now under the charge of the secretary of the senate or clerk of the plates to be in house of representatives, shall be placed in charge of the superintendent of public charge of superprinting.

intendent.

11 Stat. 14.

12. That so much of the act approved the 3d of March 1855, as requires all blank 15 May 1856 3 2 books, binding and ruling for the several executive departments shall be furnished under the direction and supervision of the superintendent of public printing, be and the Not to supervise binding. &c., for same is hereby repealed. the departments

II. PUBLIC PRINTERS.

10 Stat. 32.

13. There shall be elected a public printer for each house of congress, (a) to do the 26 Aug. 1852 ? & public printing for the congress for which he or they may be chosen, and such printing for the executive departments and bureaus of the government of the United States as Election of public printers. may be delivered to him or them to be printed, by the superintendent of the public printing. The following rates of compensation shall be paid from time to time for such printing as may be ordered by congress:

I. For bills and joint resolutions—

For composition per page, fifty cents.

For presswork, folding and stitching, for five hundred and eighty copies, thirty-two and a half cents per page; and at the same rate per page for any greater number not exceeding one thousand copies.

II. For reports of committees and the journals of both houses with indexes, and the executive documents of each house, embracing messages from the president, reports from the executive departments, bureaus and offices, and documents and statements communicated therewith, with indexes; resolutions and other documents from state legislatures;

(a) By resolution of 5 February 18,29, it is provided "that within thirty days before the adjournment of every congress, each house shall proceed to vote for a printer to execute its work for and dur

Prices of printing.

ing the succeeding congress, and the person having the majority of all the votes given shall be considered duly elected." 4 Stat 309.

26 August 1852. memorials, petitions, treaties and confidential documents for the senate; for composition per page, octavo

For small pica plain, one dollar.

For small pica rule, one dollar and fifty cents.

For brevier plain, one dollar and fifty cents.

For brevier rule, two dollars.

For nonpareil rule, three dollars and seventy-five cents.

For the composition of tables larger than octavo size, per one thousand ems, seventy cents; but the page of octavo size shall contain not less than one thousand six hundred ems when printed in small pica; and the body of all plain matter shall be so printed, except extracts, yeas and nays, and addenda, which shall be printed with brevier type. All rule and figure work shall be printed in royal octavo form, with small pica, each page containing not less than one thousand six hundred ems, if the matter to be printed can he brought into pages of that size, with that kind of type, so as to be read with facility and convenience. If it cannot, it shall be printed with brevier type, each page containing not less than two thousand eight hundred ems; and if it cannot be brought into a royal octavo page with brevier type, so as to be understood with facility, it shall be printed with nonpareil type, each page containing not less than four thousand two hundred ems; and when it cannot be brought into a royal octavo page with nonpareil type, so as to be read with facility, it shall be printed with brevier type in a broadside, showing the whole table at one view, and be so filled that it can be bound in a royal octavo volume.

When matter is leaded, the composition shall be counted as if the matter were printed solid, and not leaded.

For presswork, folding and stitching of royal octavo size

For twelve hundred and fifty copies, thirty-two and a half cents per page, and at the same rate for any greater number not exceeding fifteen hundred copies.

For presswork, folding and stitching of each table larger than royal octavo size— For twelve hundred and fifty copies, one dollar and twenty-five cents per page, and at the same rate for any number not exceeding fifteen hundred copies.

The following deductions on account of folding and stitching copies reserved for binding, shall be made:

For royal octavo size, per page, for each hundred copies, one-quarter of a cent; for each table larger than octavo, one-quarter of a cent; and the following additional charge shall be allowed for trimming, folding and stitching, and inserting each map, chart, diagram or plat in the copies not reserved for binding; for every hundred copies, ten

cents.

There shall be allowed for the press work on treaties, reports and other documents, when ordered to be printed in confidence, for the use of the senate, at the following

rates:

For the presswork, folding and stitching of sixty-five copies, six cents per page, when of the royal octavo size, and one dollar per page for sixty-five copies, when the matter cannot be contained in the royal octavo page in any type herein before specified; and allowance shall be made at the same rates for any greater number of copies than sixtyfive, and not exceeding one hundred.

III. For tabular statements of the orders of the day, lists of yeas and nays, circular letters, and miscellaneous printing ordered by congress, not hereinbefore specified: For composition, for plain work, per thousand ems, fifty cents.

For rule and figure work, fifty cents per thousand ems.

For presswork, folding and stitching one hundred copies, per page—for royal octavo, or any smaller size, ten cents.

For quarto post, twenty cents.

For foolscap and any larger size, twenty cents.

But the following deductions shall be made from the presswork, folding and stitching additional numbers to the number usually ordered by congress of matter included in the foregoing specifications, to wit:

When the number ordered exceeds five thousand and does not exceed ten thousand, two per centum.

When the number exceeds ten thousand and does not exceed twenty thousand, five per

centum.

When the number exceeds twenty thousand, forty per centum.

The presswork, folding and stitching, of all printing not herein provided for, shall be done by the ream-the rates shall be two dollars per ream when printed on one side, and four dollars per ream when printed on both sides-when any amount less than one ream is ordered, it shall be counted and settled for as one ream,

14. The regular numbers of documents ordered by congress shall be printed in octavo 26 Aug. 1852 2 9. form, on paper weighing not less than fifty-six pounds for every four hundred and eighty Paper for public sheets, and measuring twenty-four by thirty-eight inches; and the extra number shall documents. be printed on paper weighing not less than forty-five pounds for every four hundred and eighty sheets, and measuring twenty-four by thirty-eight inches. The paper for any other species of printing ordered by congress, may be of such size and quality as the superintendent of the public printing may deem suitable and proper.

15. The public printer or printers may be required by the superintendent to work at night, as well as through the day, upon the public printing, during the session of congress, when the exigencies of the public service require it.

Ibid. 10.

ments.

16. The same prices shall be paid for printing for the executive departments that are Ibid. 11. paid for printing for congress, except for printing post-bills, which shall be printed on printing for the paper not less than sixteen by twenty-six inches, and for printing on parchment. There executive depart shall be paid for printing the post-bills at the rate of one dollar per thousand sheets, and at the rate of ten dollars per thousand for printing parchments; but nothing shall be allowed for altering post-bills when the alteration consists in the mere change of a postmaster's name. And nothing herein contained shall prevent the heads of executive departments from employing printers out of the city of Washington, to execute such printing for any of said departments as may be required for use out of Washington, when the same can be executed elsewhere as cheap as at the rates herein specified, increased by the cost of transporting the printed matter to the state or states where such matter may be required for use in the public service. (a)

Ibid. 13.

17. All acts or joint resolutions conflicting with the provisions of this act are hereby repealed; but nothing herein contained shall be construed to authorize the cancelment. Repealing sec of any contract now or heretofore entered into with any printer under the laws heretofore tion. in force, or to abrogate his rights in any way without his consent. Nothing in this act Act not to extend to printing the shall be construed to authorize the printing of the census, but the same shall be done as may be provided by law hereafter.

census.

10 Stat. 547.

18. Whenever, in the opinion of the joint committee on printing, the character of any 4 Aug. 18543 1. document ordered to be printed may render such change necessary and proper, the size of the page may be changed from octavo to quarto form; but in no case shall the prices When documents may be printed to be paid for composition and press work exceed, pro rata, those established by the print- in quarto. ing act of August the 26th 1852, for the printing of congressional documents.

19. The accounts of the public printers, and the certificates of the superintendent of Ibid. 10. public printing thereon, shall be subject to the examination and control of the account- Printers' acing officers and secretary of the treasury, in like manner as other public accounts.

counts.

10 Stat. 645.

20. The printed sheets for the finer description of books authorized by either house of 3 March 1855; 1. congress, shall be dry-pressed before being bound, whenever, in the opinion of the joint committee on printing, it is deemed necessary; the cost thereof not to exceed the sum of When sheets to be dry-pressed. fifty cents per ream medium.

III. JOINT COMMITTEE ON PRINTING.

and duties.

21. A committee, consisting of three members of the senate and three members of the 26 Aug. 184212 10 Stat. 34. house of representatives, shall be appointed by the president of the senate and speaker of the house, to be called the joint committee on the public printing; which committee Joint committee fo be appointed. shall have a right to decide between the superintendent of the public printing and the public printer, in any dispute which may arise as to the propriety of the decisions of the Their powers superintendent making deductions on account of work which the superintendent may refuse to receive, or which, in his opinion, may not be done with proper dispatch, as required by law; and the said committee shall pass upon the accounts of the superintendent of the public printing. Said committee shall have power to adopt such measures as may be deemed necessary to remedy any neglect or delay in the execution of the public printing: Provided, That no contract, agreement or arrangement entered into by this committee shall take effect until the same shall have been approved by that house of congress to which the printing belongs, and when the printing delayed relates to the business of both houses, until both houses shall have approved of such contract or arrangement. All motions to print extra copies of any bill, report or other public documents, shall be referred to the members of the committee on printing from the house in which the same may be made,

(a) See 7 Opin 680

Prize.

[See SALVAGE.]

1. Prizes to be sold by the marshal, after condemnation. Terms

of sale.

2. Payment and distribution of the proceeds.

3. Marshal's commissions.

4. Account of sales to be filed in the clerk's office. Penalty for neglect.

5. Captures may be removed to another port before libel.

27 Jan. 1813 1. 2 Stat. 792,

Prizes to be sold after condemna

by the marshal

tion.

Terms of sale.

Ibid. 22. Payment and

distribution of the proceeds.

Ibid. 23. Marshal's commissions.

Tbid. 24.

Account of sales to be filed in the

clerk's office.

6. Prize-money to be paid into court. Share of United States

to be credited to the navy pension fund.

7. Accounts of clerks and marshals.

8. District attorney to transmit statement to the secretary. 9. Summary jurisdiction over clerks and marshals. Penalty for neglect of duty.

10. Prize-money to be paid into the treasury. Distribution.

1. All prizes of vessels and property captured by private armed ships, commissioned under the authority of the United States, (a) which may be condemned in any district or circuit court of the United States, shall be sold at public auction by the marshal of the district, in which the same shall be condemned, within sixty days after the condemnation thereof, (sufficient notice of the time and place, and conditions of sale being first given) on such day or days, on such terms of credit, and in such lots or proportions as may be designated by the owner or owners, or agent of the owner or owners of the privateer which may have captured the same: Provided, That the term of such credit shall not exceed ninety days. And the said marshal is hereby directed to take and receive, from the purchaser of purchasers of such prize vessel and property, the money therefor, or his, her or their promissory notes with indorsers, to be approved by the owner or owners of the privateer, to the amount of the purchase, payable according to the terms thereof.

2. Upon all duties, costs and charges, being paid according to law, the said marshal shall, on demand, deliver and pay over to the owner or owners of the privateer, or to the agent of such owner or owners of the privateer, which may have captured such prize vessel and property, a just and equal proportion of the funds received on account of the sale thereof, and of the promissory notes directed to be taken as aforesaid, to which the said owner or owners may be entitled, according to the articles of agreement between the said owner or owners, and the officers and crew of the said privateer; and a just and equal proportion of the proceeds of the sale as aforesaid, shall, on demand, be also paid over by the said marshal, to the officers and crew of the said privateer, or to their agent or agents. And if there be no written agreement, it shall be the duty of the marshal to pay over, in manner as aforesaid, one moiety of the proceeds of the sale of such prize vessel and property, to the owner or owners, agent or agents of the owner or owners of the privateer, which may have captured the same; and the other moiety of the said proceeds to the agent or agents of the officers and crew of the said privateer, to be distributed according to law or to any agreement by them made: (b) Provided, The said officers and crew, or their agent or agents, shall have first refunded to the owner or owners, or to the agent of the owner or owners of the privateer aforesaid, the full amount of advances which shall have been made by the owner or owners of the privateer, to the officers and crew thereof.

3. For the selling prize property, and receiving and paying over the proceeds as aforesaid, the marshal shall be entitled to a commission of one per cent. and no more, (c) first deducting all duties, costs and charges, which may have accrued on said property: Provided, That on no case of condemnation and sale of any one prize vessel and cargo, shall the commissions of the marshal exceed two hundred and fifty dollars.

4. It shall be the duty of the marshal, within fifteen days after any sale of prize property, to file in the office of the clerk of the district court, of the district wherein such sale may be made, a just and true account of the sales of such prize property, and of all duties and charges thereon, together with a statement thereto annexed of the promissory notes taken on account thereof, which account shall be verified by the oath of Penalty for neg the said marshal. And if the said marshal shall wilfully neglect or refuse to file such account, he shall forfeit and pay the sum of five hundred dollars for each omission or refusal as aforesaid, to be recovered in an action of debt by any person interested in such sale, and suing for the said penalty, on account of the party or parties interested in the prize vessel or property sold as aforesaid, in any court having cognisance thereof.

lert.

Ibid. 25.

5. The owner or owners of any private armed vessel or vessels, or their agent or agents, may, at any time before a libel shall be filed against any captured vessel or her cargo, remove the same from any port into which such prize vessel or property may be

(a) All captures made by non-commissioned captors, are made for the government; and since the provisions in the prize acts as to the distribution of the prize proceeds, are confined to public and private armed vessels, cruising under regular commissions; the only claim which can be sustained by such non-commissioned captors must be in the nature of salvage, for bringing in and preserving the property. The Dos Hermanos, 10 Wh. 306. The Emulous, 1 Gall. 563. See The Sally, 8 Cr. 382.

(b) If the shipping articles omit to state the shares to which some of the officers and crew are entitled, they are still entitled to claim their shares under the prize act. The Dash, 1 Mas. 4. And see The Despatch, 2 Gall. 1.

(c) This act only applies to sales after condemnation. The marshal is entitled to his full commissions according to the act of 1799. upon all interlocutory sales of prize property. The Avery and Cargo, 2 Gall. 308.