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Circuit court to try the case as

commenced there

in.

Bail and attach

court

to

State proceed no further.

may issue

to remove the same to the circuit court of the United States of that district in which such judgment shall have been rendered; and the said circuit court shall thereupon proceed to try and de- though originally termine the facts and the law in such action, in the same manner as if the same had been there originally commenced, the judgment in such case notwithstanding And any bail which may have been ments. taken, or property attached, shall be holden on the final judgment. of the said circuit court in such action, in the same manner as if no such removal and transfer had been made, as aforesaid. And the State court, from which any such action, civil or criminal, may be removed and transferred as aforesaid, upon the parties giving good and sufficient security for the prosecution thereof, shall allow the same to be removed and transferred, and proceed no further If removal is not perfected State in the case: Provided, however, That if the party aforesaid shall court fail duly to enter the removal and transfer, as aforesaid, in the execution. circuit court of the United States, agreeably to this act, the State court, by which judgment shall have been rendered, and from which the transfer and removal shall ahve been made, as aforesaid, shall be authorized, on motion for that purpose, to issue execution, and to carry into effect any such judgment, the same as if no such removal and transfer had been made. And provided, also, That no such appeal or writ of error shall be allowed in any criminal action inal case, when, or prosecution where final judgment shall have been rendered in favor of the defendant or respondent by the State court. And if in any suit hereafter commenced the plaintiff is nonsuited or judgment passed against him, the defendant shall recover double cost. SEC. 6. And be it further enacted, That any suit or prosecution described in this act, in which final judgment may be rendered in the circuit court, may be carried by writ of error to the Supreme Court, whatever may be the amount of said judgment.

Appeal not allowable in a crim

&c.

Double costs.

Suit may be carried to the Su

preme Court.

Suits and prosecutions to be comwithin

two years.

SEC. 7. And be it further enacted, That no suit or prosecution, menced civil or criminal, shall be maintained for any arrest or imprisonment made, or other trespasses or wrongs done or committed, or act omitted to be done, at any time during the present rebellion, by virtue or under color of any authority derived from or exercised by or under the President of the United States, or by or under any act of Congress, unless the same shall have been commenced within two years next after such arrest, imprisonment, trespass, or wrong may have been done or committed or act may have been omitted to be done: Provied, That in no case shall the limitation herein vided commence to run until the passage of this act, so that no party shall, by virtue of this act, be debarred of his remedy by suit or prosecution until two years from and after the passage of this act. Approved March 3, 1863.

Limitation not

to commence until passage of this

act. pro

CHAPTER LXXXII.

AN ACT to authorize the brevetting of volunteer and other officers in the
United States service.

March 3, 1863.

Brevet rank of and

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the volunteer President of the United States be, and he hereby is, authorized, by other officers. and with the advice and consent of the Senate, to confer brevet rank

creased.

upon such commissioned officers of the volunteer and other forces in the United States service as have been, or may hereafter be,

Pay, &c., not in distinguished by gallant actions or meritorious conduct; which rank shall not entitle them to any increase of pay or emoluments. Approved March 3, 1863.

March 3, 1863.

acting as assistant

alry.

CHAPTER LXXXIII.

AN ACT for the relief of certain persons who have performed the duties of assistant surgeons in regiments of cavalry.

Be it enacted by the Senate and House of Representatives of Pay of those the United States of America in Congress assembled, That physisurgeons of cav- cians and surgeons who have since the second day of July last been duly appointed and commissioned as second assistant surgeons in volunteer regiments of cavalry, and as such have been duly mustered into the military service of the United States, and actually performed the duties appertaining to that office, shall be paid therefor in like manner and upon like proof as other assistant surgeons of cavalry: Provided, That not more than two assistant surgeons to each regiment shall be allowed and paid for services performed at one and the same time.

Proviso.

Approved March 3, 1863.

March 3, 1863.

1861, ch. 9

Ante, p. 268.

charged within

CHAPTER LXXXIV.

AN ACT to amend an act entitled "An act to authorize the employment of volunteers to aid in enforcing the laws and protecting public property," approved July twenty-two, eighteen hundred and sixty-one.

Be it enacted by the Senate and House of Representatives of Persons dis- the United States of America in Congress assembled, That every two years of en- non-commissioned officer, private, or other person who has been listment, by rea- or shall hereafter be discharged from the army of the United &c., entitled to States, within two years from the date of their enlistment, by

son of wounds,

bounty.

reason of wounds received in battle, shall be entitled to receive the same bounty as is granted or may be granted to the same classes of persons who are discharged after a service of two years; and Repealing clause. all acts and parts of acts inconsistent with this are hereby repealed.

Approved March 3, 1863.

March 3, 1863.

President issue letters marque, &c.

of

CHAPTER LXXXV.

AN ACT concerning letters of marque, prizes, and prize goods.

Be it enacted by the Senate and House of Representatives of may the United States of America in Congress assembled, That in all domestic and foreign wars the President of the United States is authorized to issue to private armed vessels of the United States

Rules for adju

prizes.

commissions, or letters of marque and general reprisal in such form as he shall think proper, and under the seal of the United States, and make all needful rules and regulations for the government and conduct thereof, and for the adjudication and disposal of the action, &c., of prizes and salvages made by such vessels: Provided, That the Authority, when authority conferred by this act shall cease and terminate at the to cease. end of three years from the passage of this act. Approved March 3, 1863.

CHAPTER LXXXVI.

AN ACT further to regulate proceedings in prize cases, and to amend various acts of Congress in relation thereto.

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March 3, 1863.

Sale of prize property,

when

Appeal not to

Proceeds of sale.

Payment of expenses and dis

Costs, fees, and

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever any prize property shall be condemned in any district or circuit court to order. court, or shall at any stage of the proceedings be found by the court to be perishing, perishable, or liable to deteriorate or depreciate, or whenever the costs of keeping the same shall be disproportionate to its value, or whenever all the parties in interest who have appeared in the case shall agree thereto, it shall be the duty of the court to order a sale thereof, and no appeal shall operate to prevent the making or execution of such order. And prevent. upon any sale it shall be the duty of the marshal forthwith to deposit the gross proceeds of the sale with the Assistant Treasurer of the United States nearest to the place of sale, and subject to the order of the court in the particular case; and the court may at any time order the payment from such deposit of the expenses and disbursements necessarily occurred in the custody, preserva- bursements. tion, and sale of said property, audited and allowed by the court in the manner provided by law. And when a decree of condemnation shall be made in any cause, the court may, in like manner, order the payment from said deposit of the costs, fees, charges. and charges decreed in the cause. And on a final decree of distribution, after the payment of such costs, fees, and expenses, the residue of the deposit shall, by order of the court, be paid into the treasury of the United States for distribution according to the de- par into the treacree. And the clerk of the court shall forthwith transmit to the Secretary of the Treasury and the Secretary of the Navy certified copies of said final decree of distribution; and in case the final decree shall be for restitution without costs, the costs, fees, and disbursements allowed by the court and unpaid shall be charge upon the fund for defraying the expenses of suits in which the United States is a party or interested. And the Treasury Department shall credit the Navy Department with the amount service entitled to held for distribution; and the several officers, marines, sailors, and the prize money to other persons in the naval service entitled to share in the prize with. money, shall be credited in their accounts with the Navy Department with the amount to which they are respectively entitled. SEC. 2. And be it further enacted, That the Secretary of the sels, arms, &c. Navy or the Secretary of War shall be, and they or either of them may be taken for are hereby, authorized to take any captured vessel, any arms or government use.

a

Residue to be

sury.

Clerk to trans

mit copies of final

decree.

Costs, how paid when decree is for restitution without

costs.

Those in naval

be credited there

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munitions of war, or other material, for the use of the government; Proceedings in and when the same shall have been taken, before being sent in for

such cases.

Secretary of the Navy to employ

auctioneers to sell

the direction of the marshal.

Pay.

Advertisement.

adjudication, or afterwards, the department for whose use it was taken shall deposit the value of the same in the treasury of the United States, subject to the order of the court in which prize proceedings shall be taken in the case; and when there is a final decree of distribution in the prize court, or if no proceedings in prize shall be taken, the money shall be credited to the Navy Department to be distributed according to law.

SEC. 3. And be it further enacted, That the Secretary of the Navy shall employ an auctioneer or auctioneers of established reprize goods under putation in that branch of merchandise, to make sales of all prize goods, under the direction of the marshall of the district in which the property shall be ordered to be sold, and at a rate of compensation not to exceed in any case one and one-fourth per centum upon the gross amount of the sales; and such sales shall be advertised in the fullest and most conspicuous manner, and to the satisCollusion, &c., faction of the Secretary of the Navy; and any fraud, collusion, or captors, &c., made combination, or any act or fraudulent device or contrivance in the a felony, and how sale and disposition of any prize property, by which the captors or the government are or may be defrauded, shall be, and is hereby, declared to be a felony; and any public officer or agent, or any other person engaged therein, upon conviction thereof by or before any court of competent jurisdiction, shall be liable to a fine not exceeding twenty thousand dollars, and to imprisonment not exceeding ten years, or to both, in the discretion of the court.

in sale to defraud

punished.

Counsel to cap

tors.

Compensation.

SEC. 4. And be it further enacted, That the third section of the 1862, ch. 50, § 3. act of twenty-fifth March, eighteen hundred and sixty-two, enAnte, p. 375. titled "An act to facilitate evidence and proceedings in and adjudications upon captured property of prize," be, and the same is hereby, amended, so that the compensation of counsel to the captors to be adjusted and determined by the court, and paid and allowed as costs, shall be confined to compensation for such services as may be rendered necessary by reason of the captors having interests conflicting with those of the United States, and proper in the opinion of the court to be represented by separate counsel from those representing the United States. And so much § of the twelfth section of the act of July seventeen, eighteen hundred and sixty-two, entitled "An act for the better government Authority of of the navy of the United States," as authorizes the Secretary of to employ counsel the Navy to employ an agent or counsel for the captors and to fix his compensation, is hereby repealed.

12.

1862, ch. 204,

Ante, p. 608.

Secretary of Navy

repealed.

Commissioners of prize not to ex

ceed two in any

district.

One to be retired

naval officer. Salaries.

Counsel

how paid.

SEC. 5. And be it further enacted, That the commissioners in prize shall not exceed two in any district of the courts of the United States, to be appointed by the district court of each district, one of whom shall be a retired naval officer, to be appointed by the court and approved by the Secretary of the Navy; and the annual sala. ries in each district of both commissioners shall not exceed six fees, thousand dollars; and all counsel fees in prize cases in the Supreme Court of the United States, which have been or may be incurred or authorized by any department of the government, shall be audited and allowed by the Attorney General and Solicitor of the Treasury, and shall be a charge upon and paid out of the fund appropriated for defraying the expenses of suits in which the United States are parties or interested.

SEC. 6. And be it further enacted, That when the court shall allow witnesses' fees to any witness in a prize cause, and the court has no money subject to its order in the cause, the same shall be paid by the marshal as in the case of witnesses in causes in which the United States is a party, and shall be repaid from any money deposited to the order of the court in said cause.

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from

district courts to

within thirty days,

SEC. 7. And be it further enacted, That appeals from the dis-Appeals trict courts of the United States in prize causes shall be directly be directly to Suto the Supreme Court, and shall be made within thirty days of preme Court, and the rendering of the decree appealed from, unless the court shall unless, &c. previously have extended the time for cause shown in the particular case; and the Supreme Court shall always be open for the entry of such appeals. Such appeals may be claimed whenever the amount in controversy exceeds two thousand dollars, and in claimed. other cases on the certificate of the district judge that the adjudication involves a question of difficulty and general importance.

cases

In what appeals may be

SEC. 8. And be it further enacted, That all provisions of law Repealing clause. which are inconsistent with those of this act shall be, and are hereby, repealed.

Approved March 3, 1863.

CHAPTER LXXXVII.

AN ACT to equalize and establish the compensation of the collectors of March 3, 1863. the customs on the northern, northeastern, and northwestern frontiers, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the collector of customs of each of the districts aforesaid shall render, with his accounts of the expenses incident to his office, a list of the clerks and other officers of the customs employed by him, stating the rate of compensation allowed to each, the duties they severally perform, and also an account of the sums paid for stationery, fuel, and all other office expenses, including office rent; for all of which expenses he shall submit an estimate each month in advance, and shall state the purposes for which any premises are used; and shall also render an accurate account of all fees and commissions collected by him.

Collectors of

customs to render

with accounts, lists of clerks, &c.

Monthly

esti

mate in advance.

District of Sackett's Harbor an

District of Niagara extended.

SEC. 2. And be it further enacted, That the district of Sackett's Harbor be, and is hereby, annexed to the district of Cape nexed to that of Vincent, and the district so annexed is hereby abolished and con- Cape Vincent. stituted a part of the district to which it is annexed; and that the district of Niagara is hereby extended so as to include the entire county of Niagara to the channel of Tonawanda creek; and that Lewiston, in the district of Niagara, is hereby discontinued as a ton discontinued. port of entry, and that the port of entry for the district be, and is hereby, established at Suspension Bridge.

SEC. 3. And be it further enacted, That Plattsburg, in the district of Champlain, is hereby discontinued as a port of entry, and that the port of entry for the district be, and is hereby, established at Rouse's Point, at which place the collector of the district shall reside, and a deputy collector shall reside at Plattsburg; and all

District of Lewis

Port of entry established at Suspension Bridge.

Plattsburg disport of entry.

continued as a

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