circumstances of each case. 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. 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. 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 of the United States under like circumstances of recapture; or 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. The whole amount awarded as salvage shall be decreed to the captors, and no part to the United States, and shall be distributed as in the case of proceeds of property condemued as prize. Nothing in this Title shall be construed to contravene any treaty of the United States.

Title 69.

SEC. 5310. No property seized or taken upon any of the inland waters of the United States by the naval forces thereof shall be regarded as maritime prize; but all property so seized or taken shall be promptly on inland waters. Property taken delivered to the proper officers of the courts.

SEC. 5441. Every person who willfully does any act or aids or advises Title 70, Chap. 5. in the doing of any act relating to the bringing in, custody, preservation, sale, or other disposition of any property captured as prize, or frauding captor Delaying or derelating to any documents or papers connected with the property, or to or claimant, &c., any deposition or other document or paper connected with the pro- of prize-property. ceedings, with intent to defraud, delay, or injure the United States or any captor or claimant of such property, shall be punished by a fine of not more than ten thousand dollars, or by imprisonment not more than five years, or both. [See §§ 4613-4652.]

Title 15, Chap.

ART. 15. The commanding officer of every vessel in the Navy entitled to or claiming an award of prize-money shall, as soon as it may be prac- 10, Sec. 1624. ticable after the capture, transmit to the Navy Department a complete List of persons list of the officers and men of his vessel entitled to share, stating therein claiming prizethe quality of each person rating; and every commanding officer who money. offends against this article shall be punished as a court-martial may

direct. [See § 4615.]

ART. 16. No person in the Navy shall take out of a prize, or vessel Removing propseized as a prize, any money, plate, goods, or any part of her equipment, erty from a prize. unless it be for the better preservation thereof, or unless such articles are absolutely needed for the use of any of the vessels or armed forces of the United States, before the same are adjudged lawful prize by a competent court; but the whole, without fraud, concealment, or embezzlement, shall be brought in, in order that judgment may be passed thereon; and every person who offends against this article shall be punished as a court-martial may direct.

ART. 17. If any person in the Navy strips off the clothes of, or pil- Maltreating perlages, or in any manner maltreats, any person taken on board a prize, sons taken on a he shall suffer such punishment as a court-martial may adjudge. prize.

An act authorizing corrections to be made in errors of prize-lists.

Be it enacted by the Senate and House of Representatives of the United June 8, 1874. States of America in Congress assembled, That the second and third paragraphs of the tenth section of the navy-prize law, approved June thirtieth, eighteen hundred and sixty-four, which relate to the shares of commanders of divisions and fleet-captains, shall apply to officers serving in those positions from April, eighteen hundred and sixty-one, (the commencement of the late war,) and the shares shall be paid in the manner as provided for division commanders in said second paragraph, said payments to be made out of the naval pension fund; and all acts inconsistent with the provisions of this act be, and the same are hereby, repealed.

Approved, June 8, 1874.

* These paragraphs are the same as the first and second of sec. 4631 R. S.

Sec.

PROFESSORS OF MATHEMATICS.

1399. Professors of mathematics, number of.

1400. Appointment.

1401. Duties.

Title 15, Chap. I.

Professors of mathematics, number of. Appointment.

Duties.

Title 15, Chap. 4.

Title 15, Chap. S.
Pay.

Sec.

Sec.

1480. Rank.
1556. Pay.

SEC. 1399. The number of professors of mathematics in the Navy shall not exceed twelve.

SEC. 1400. Professors of mathematics shall be appointed and commissioned by the President of the United States, by and with the advice and consent of the Senate.

SEC. 1401. Professors of mathematics shall perform such duties as may be assigned them by order of the Secretary of the Navy, at the Naval Academy, the Naval Observatory, and on board ships of war, in instructing the midshipmen of the Navy, or otherwise. [See § 436, NAUTICAL ALMANAC; and § 1528, NAVAL ACADEMY.]

SEC. 1480. Professors of mathematics shall have relative rank as follows: Three, the relative rank of captain; four, that of commander; and five, that of lieutenant-commander or lieutenant.

SEC. 1556. Professors of mathematics and civil engineers, during the first five years after date of appointment, when on duty, two thousand four hundred dollars; on leave, or waiting orders, one thousand five hundred dollars; during the second five years after such date, when on duty, two thousand seven hundred dollars; on leave, or waiting orders, one thousand eight hundred dollars; during the third five years after such date, when on duty, three thousand dollars; on leave, or waiting orders, two thousand one hundred dollars; after fifteen years from such date, when on duty, three thousand five hundred dollars; on leave, or waiting orders, two thousand six hundred dollars.

PROMOTION AND ADVANCEMENT IN THE NAVY.

1493. Physical examination.

1494. Physical disqualification by wounds. 1495. Examinations, when, and effect of.

1496. Examination of professional fitness.

1497. Promotion to rear-admiral in time of 1498. Examining board.

peace.

1499. Powers of.

Title 15, Chap. 4.

Physical examination.

wounds.

SEC. 1493. No officer shall be promoted to a higher grade on the active list of the Navy, except in the case provided in the next section, until he has been examined by a board of naval surgeons and pronounced physically qualified to perform all his duties at sea.

Physical dis- SEC. 1494. The provisions of the preceding section shall not exclude qualification by from the promotion to which he would otherwise be regularly entitled any officer in whose case such medical board may report that his physical disqualification was occasioned by wounds received in the line of his duty, and that such wounds do not incapacitate him for other duties in the grade to which he shall be promoted.

when ;

of.

Examinations, SEC. 1495. Officers subject to examination before promotion to a grade and effect limited in number by law shall not be entitled to examination in such a sense as to give increase of pay until designated by the Secretary of the Navy to fill vacancies in the higher grade; and officers eligible for promotion to a grade not limited in number shall not be entitled to examination until ordered to present themselves for examination or until a class, in which they are included, has been so ordered by the Secretary of the Navy.

SEC. 1496. No line officer below the grade of commodore, and no officer not of the line, shall be promoted to a higher grade on the active list of the Navy until his mental, moral, and professional fitness to perform all his duties at sea have been established to the satisfaction of a board of examining officers appointed by the President.

SEC. 1497. In time of peace no person shall be promoted from the list of commodores to the grade of rear-admiral, on the active list, until his mental, moral, and professional fitness to perform all his duties at sea has been established as provided in the preceding section.

SEC. 1498. Such examining board shall consist of not less than three officers, senior in rank to the officer to be examined.

SEC. 1499. Said board shall have power to take testimony and to examine all matter on the files and records of the Navy Department relating to any officer whose case may be considered by them. The witnesses, when present, shall be sworn by the president of the board.

Officer may be

SEC. 1500. Any officer whose case is to be acted upon by such examining board shall have the right to be present, if he so desires, and to present and make submit a statement of his case on oath.

statement.

SEC. 1501. The statement of such officer, if made, and the testimony Record. of the witnesses and his examination shall be recorded.

President.

SEC. 1502. Any matter on the files and records of the Navy Depart-Revision by the ment, touching each case, which may, in the opinion of the board, be necessary to assist them in making up their judgment, shall, together with the whole record and finding, be presented to the President for his approval or disapproval of the finding.

SEC. 1503. No officer shall be rejected until after such public examinaNo officer to be tion of himself and of the records of the Navy Department in his case, examination. rejected without unless he fails, after having been duly notified, to appear before said board.

commendation.

SEC. 1504. Such examining board shall report their recommendation Report of reof any officer for promotion in the following form: “We hereby certify that has the mental, moral, and professional qualifications to perform efficiently all the duties, both at sea and on shore, of the grade to which he is to be promoted, and recommend him for promo

tion."

amination.

SEC. 1505. Any officer of the Navy on the active list below the grade Failing in exof commander, who, upon examination for promotion, is not found professionally qualified, shall be suspended from promotion for one year, with corresponding loss of date when he shall be re-examined, and in case of his failure upon such re-examination he shall be dropped from the service.

Advancement

SEC. 1506. Any officer of the Navy may, by and with the advice and consent of the Senate, be advanced, not exceeding thirty numbers in in number. rank, for eminent and conspicuous conduct in battle or extraordinary heroism.

SEC. 1507. Any officer who is nominated to a higher grade by the pro- Promotion when visions of the preceding section, shall be promoted, not withstanding the grade is full. number of said grade may be full; but no further promotions shall

take place in that grade, except for like cause, until the number is

reduced to that provided by law.

SEC. 1508. Any line officer, whether of volunteers or of the regular Officers receiv Navy, may be advanced one grade, if, upon recommendation of the ing thanks of President by name, he receives the thanks of Congress for highly dis- Congress. tinguished conduct in conflict with the enemy or for extraordinary

heroism in the line of his profession.

SEC. 1509. A vote of thanks by Congress to any officer of the Navy Effect of vote shall be held to affect such officer only; and whenever, as an incident o thanks. thereof, an officer who would otherwise be retired is retained on the active list, such retention shall not interfere with the regular promotion of others who would otherwise have been entitled by law to promotion. SEC. 1510. No promotion shall be made to fill a vacancy occasioned by Vacancies occathe final retirement, death, resignation, or dismissal of an officer who sioned by death, has received a vote of thanks, unless the number of officers left in the &c., of grade where the vacancy occurs shall be less than the number authorized by law.

thanked.

officers

SEC. 1560. The pay of an officer of the Navy, upon his original entry Title 15, Chap. 8. into the service, except where he is required to give an official bond, Commencement shall commence upon the date of his acceptance of his appointment; of pay, original but where he is required to give such bond his pay shall commence upon entry. the date of the approval of his bond by the proper authority.

SEC. 1561. When an officer is promoted in course to fill a vacancy and Commencement is in the performance of the duties of the higher grade from the date of pay of promothe is to take rank, he may be allowed the increased pay from such date, ed officers. [See June 22, 1874, post.]

tions.

SEC. 1562. If an officer of a class subject to examination before pro- In cases of demotion shall be absent on duty, and by reason of such absence, or of layed examinaother cause not involving fault on his part, shall not be examined at the time required by law or regulation, and shall afterward be examined and found qualified, the increased rate of pay to which his promotion

June 22, 1874.

Commencement

tion.

would entitle him shall commence from the date when he would have been entitled to it had he been examined and found qualified at the time so required by law or regulation; and this rule shall apply to any cases of this description which have heretofore occurred. And in every such case the period of service of the party, in the grade to which he was promoted, shall, in reference to the rate of his pay, be considered to have commenced from the date when he was so entitled to take rank.*

An act for the better government of the Navy of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That on and after the passage of this act, of pay on promo- any officer of the Navy who may be promoted in course to fill a vacancy in the next higher grade shall be entitled to the pay of the grade to which promoted from the date he takes rank therein, if it be subsequent to the vacancy he is appointed to fill. Approved, June 22, 1874.

Sec.

* * *

[For promotion and advancement in Marine Corps, see page 163.]

PUBLIC DOCUMENTS-PUBLIC PRINTING.

Sec.

3792. Documents, usual number.

3793. Extra copies, motion to print.
3794. Notice of order to print.

3795. Extra copies costing more than five hundred
dollars.

3796. Extra copies for the Library.

3798. Number of copies of certain documents to
be printed and bound.

3802. Accounts with Departments for printing.
3803. Copies of statutes and treaties.
3805. Printing of statutes and treaties.
3808. Number to be printed for distribution.
3809. Extra copies of any document, how sold.
3810. Printed documents, when to be delivered.
3813. Documents to be delivered at Interior De-
partment.

3815. Quarterly account.
3821. Report to Congress.

Election and title of public printer.
Number of annual reports to be printed.

Title II, Chap. 7. SEC. 497. The Secretary of the Interior is charged with receiving, arCustody and ranging, and safe-keeping for distribution, and of distributing to the perdistribution of sons entitled by law to receive the same, all printed journals of the two public docu- Houses of Congress, and all other books and documents of every nature

ments.

Manner of delivery.

Distribution of

& C.

whatever, already or hereafter directed by law to be printed or purchased for the use of the Government, except such as are directed to be printed or purchased for the particular use of Congress, or of either House thereof, or for the particular use of the Executive or of any of the Departments, and any person whose duty it shall be by law to deliver any of the same, shall deliver them at the rooms assigned by the Secretary of the Interior therefor.

SEC. 500. The publications received by the Secretary of the Interior for distribution shall be delivered out only on the written requisition of the heads of Departments, Secretary of the Senate, Clerk of the House of Representatives, Librarian of Congress, and other officers and persons who are by law authorized to receive the same, except where by law the Secretary of the Interior is required, without such requisition, to cause the same to be sent and delivered; and in either of such cases it shall be the duty of the Secretary of the Interior to cause the same to be sent and delivered, the expenses thereof, except when otherwise directed, to be charged on the contingent fund of the Depart

ment.

SEC. 505. Whenever there are in the custody of the Department of surplus volumes, the Interior any sets of the documents of any session of Congress, or other documents or odd volumes, not necessary to supply deficiencies or losses that may happen in the Library of Congress, or in that of either of the Executive Departments, or in State or territorial libraries, the Secretary of the Interior shall distribute the same as equally as practicable to the several Senators, Representatives, and Delegates in Congress, for distribution to public libraries and other literary institutions in their respective districts.

*Act of July 15, 1870.

ments.

removed

SEC. 506. All such books and documents, when received at the proper Books, &c., not offices, libraries, and other depositories, as provided by law, shall be to be from proper kept there and not removed from such places. places. SEC. 508. The superintendent of public documents shall be charged, Duties of the subject to the general direction of the Secretary of the Interior, with the superintendent duty of collecting, arranging, preserving, packing, and distributing the of public docupublications received at the Department of the Interior for distribution; and with the duty of compiling and supervising the Biennial Register. SEC. 3779. Whenever any charts, maps, diagrams, views, or other engravings are required, to illustrate any document ordered to be printed Engraving for by either House of Congress, such engravings shall be procured by the Congress. Congressional Printer, under the direction and supervision of the committee on printing of the House ordering the same. [See June 23, 1874, post.]

Title 45.

Engraving,

tised.

SEC. 3780. When the probable total cost of the maps or plates accompanying one work or document exceeds two hundred and fifty dollars, when to be adver the lithographing or engraving thereof shall be awarded to the lowest and best bidder, after advertisement by the Congressional Printer, under the direction of the Joint Committee on Public Printing. But the committee may authorize him to make immediate contracts for lithographing or engraving whenever, in their opinion, the exigencies of the public service do not justify advertisement for proposals. SEC. 3783. The Congressional Printer shall charge himself with, and Accountability be accountable for, all material received for the public use. The fore- for and issue of material. men of printing and binding shall make out estimates of the amount and kind of material required for their respective departments, and file written requisitions therefor when it is needed. The Congressional Printer shall furnish the same to them on these requisitions, as it may be required for the public service, and they shall receipt to him and be held accountable for all material so received.

SEC. 3785. No printing or binding which is not provided for by law shall be executed at the Government Printing Office.

Only public printing and binding allowed. Print tin

g re

quired to be done

at Government

SEC. 3786. All printing, binding, and blank books for the Senate or House of Representatives, and the Executive and Judicial Departments, shall be done at the Government Printing Office, except in cases other- Printing Office. wise provided by law.

SEC. 3788. No officer in charge of any Bureau or office in any Depart- Heads of Bu*ment shall cause to be printed, at the public expense, any report he may reaus not to print make to the President or to the head of the Department, except as pro- &c. reports, except,

vided for in this Title.

printing.

SEC. 3789. No printing or binding shall be done, or blank-books fur- Orders and renished, for either House of Congress, except on the written order of the quisitions for Secretary of the Senate, or of the Clerk of the House of Representatives, respectively; or for any of the Executive Departments, except on a written requisition by the head of such Department, or one of his assistants.

SEC. 3790. The forms and style in which the printing or binding Style and form ordered by any of the Departments shall be executed, the materials and of work for Departments. size of type to be used, shall be determined by the Congressional Printer, having proper regard to economy, workmanship, and the purposes for which the work is needed.

SEC. 3791. There shall be printed seven hundred and fifty copies of every bill or joint resolution ordered by either House of Congress, or required by any rule thereof to be printed, unless a different number shall be specifically ordered.

Bills and joint resolutions.

Documents,

SEC. 3792. Fifteen hundred and fifty copies of any document ordered by Congress shall be printed, and that number shall be known as the usual number. usual number. No greater number shall be printed unless ordered by either House, or as hereinafter provided.

SEC. 3793. All motions to print extra copies of any bill, report, or Extra copies, other public document, shall be referred to the Committee on Printing motion to print. of the House in which such motion is made.

SEC. 3794. The House first ordering a document to be printed shall immediately notify the other House of such order.

Notice of order to print. Extra copies

SEC. 3795. All propositions in either House of Congress for printing extra copies of documents, the cost of which exceeds five hundred dol- costing more than lars, shall be by concurrent resolution, which shall, upon its transmis- five hundred dol. sion from either House, be immediately referred to the Committee on Printing of the House to which it is sent.

lars.

SEC. 3796. The Congressional Printer shall, when so directed by the Extra copies Joint Committee on the Library, print, in addition to the usual number, for the Library.