* *

SEC. 1556. ** Fleet engineers, four thousand four hundred dollars.* Title 15. Chap. 8. Chief engineers, who have the same rank with paymasters, Pay of fleet enduring the first five years after date of commission, when at sea, two gineers. thousand eight hundred dollars; on shore duty, two thousand four Chief engineers. hundred dollars; on leave or waiting orders, two thousand dollars; during the second five years after such date, when at sea, three thousand two hundred dollars; on shore duty, two thousand eight hundred dollars; on leave or waiting orders, two thousand four hundred dollars; during the third five years after such date, when at sea, three thousand five hundred dollars; on shore duty, three thousand two hundred dollars; on leave or waiting orders, two thousand six hundred dollars; during the fourth five years after such date, when at sea, three thousand seven hundred dollars; on shore duty, three thousand six hundred dollars; on leave or waiting orders, two thousand eight hundred dollars; after twenty years from such date, when at sea, four thousand two hundred dollars; on shore duty, four thousand dollars; on leave or waiting orders, three thousand dollars.

First assistant engineers, during the first five years after date of ap- First assistant pointment, when at sea, two thousand dollars; on shore duty, one thou- engineers. sand eight hundred dollars; on leave or waiting orders, one thousand

five hundred dollars; after five years from such date, when at sea, two thousand two hundred dollars; on shore duty, two thousand dollars; on leave or waiting orders, one thousand seven hundred dollars.

Second assistant engineers, during the first five years after date of ap- Second engi. pointment, when at sea, one thousand seven hundred dollars; on shore neers. duty, one thousand four hundred dollars; on leave or waiting orders, one thousand dollars; after five years from such date, when at sea, one thousand nine hundred dollars; on shore duty, one thousand six hundred dollars; on leave or waiting orders, one thousand two hundred dollars.

Sec.

ENGINEERS-CADET.

1394. Appointment as second assistant engineers. 1403. Appointment as assistant naval constructors. 1522. Class of, at Academy.

Sec.

1523. Number and appointment.
1524. Academic course.
1556. Pay.

SEC. 1394. Cadet engineers who are graduated with credit in the Title 15, Chap. 1. scientific and mechanical class of the Naval Academy may, upon the Cadet engi. recommendation of the academic board, be appointed by the President neers, graduat and confirmed by the Senate as second assistant engineers. [See § ing.

1484, ENGINEER CORPS.]

SEC. 1403. Cadet engineers who are graduated with credit in the Appoint ment scientific and mechanical class of the Naval Academy may, upon the as assistant naval recommendation of the academic board, be immediately appointed as constructors. assistant naval constructors.

SEC. 1522. The Secretary of the Navy is authorized to make provis- Title 15, Chap. 5. ion, by regulations issued by him, for educating at the Naval Academy, Class of cadet as naval constructors or steam engineers, such midshipmen and others engineers at as may show a peculiar aptitude therefor. He may, for this purpose, Academy. form a separate class at the Academy, to be styled cadet engineers, or otherwise afford to such persons all proper facilities for such a scientific

mechanical education as will fit them for said professions.

SEC. 1523. Cadet engineers shall be appointed by the Secretary of Number and the Navy. They shall not at any time exceed fiftyt in number, and no appointment of. persons, other than midshipmen, shall be eligible for appointment unless they shall first produce satisfactory evidence of mechanical skill and proficiency, and shall have passed an examination as to their mental and physical qualifications.

SEC. 1524. The course for cadet engineers shall be four years, including two years of service on naval steamers.

*Chief engineers having the same rank as medical and pay directors and inspectors eball, when at sea, have the same pay.

Approved March 3, 1873.

+ Cadet-engineers shall hereafter be appointed annually by the Secretary of the Navy, and the number appointed each year shall not exceed twenty-five; and that all acts or parts of acts inconsistent with the provisions of this act be, and the same are hereby, repealed.

Approved, June 22, 1874.

SEC. 2. That from and after the thirtieth day of June, eighteen hundred and seventy-four, the course of instruction at the Naval Academy for cadet-engineers shall be four years, instead of two as now provided by law; and this provision shall first apply to the class of cadet-engineers entering the academy in the year eighteen hun. dred and seventy-four, and to all subsequent classes; and that all acts or parts of acts inconsistent herewith be, and are hereby, repealed.

Approved, February 24, 1874.

Academi course of.

of.

Examinati ons

Title 15, Chap. 8.

Pay.

Sec.

SEC. 1525. Cadet engineers shall be examined from time to time, according to regulations prescribed by the Secretary of the Navy, and if found deficient at any examination, or if dismissed for misconduct, they shall not be continued in the Academy or in the service except upon the recommendation of the academic board.

SEC. 1556. Cadet engineers: before final academic examination, five hundred dollars; after final academic examination, and until warranted as assistant engineers, when on duty at sea, one thousand dollars; on shore duty, eight hundred dollars; on leave, or waiting orders, six hundred dollars.

ENLISTMENT.

See SEAMEN OF THE NAVY.

ENSIGNS.

See LINE OFFICERS.

ESTIMATES.

See APPROPRIATIONS.

EVIDENCE.

See also WITNESSES.
Sec.

860. Pleadings, disclosures, &c., not to be used in criminal proceedings.

882. Copies of Department records and papers. 883. Transcripts from books of the Treasury in suits against delinquents.

886. Copies of records, &c., in office of Solicitor of Treasury.

887. Transcripts in indictments for embezzle

ment.

888. Copies of returns in returns-office.

896. Copies of consular records.

908. Little & Brown's edition of statutes. 1778. Oaths, acknowledgments.

Title 13, Chap. 17. SEC. 860. No pleading of a party, nor any discovery or evidence obtained from a party or witness by means of a judicial proceeding in this Pleadings, disclosures, &c., not or any foreign country, shall be given in evidence, or in any manner used to be used in against him or his property or estate, in any court of the United States, criminal proceed in any criminal proceeding, or for the enforcement of any penalty or forings. feiture: Provided, That this section shall not exempt any party or witness from prosecution and punishment for perjury committed in discovering or testifying as aforesaid.

Copies of DeSEC. 882. Copies of any books, records, papers, or documents in any partment records of the Executive Departments, authenticated under the seals of such Departments, respectively, shall be admitted in evidence equally with the originals thereof.

and papers.

Copies of re

SEC. 883. Copies of any documents records, books, or papers in the cords, &c., in of office of the Solicitor of the Treasury, certified by him under the seal of his office, or, when his office is vacant, by the officer acting as Solicitor for the time, shall be evidence equally with the originals.

fice of Solicitor of the Treasury.

Transcripts SEC. 886. When suit is brought in any case of delinquency of a revefrom books, &c., of the Treasury, nue officer, or other person accountable for public money, a transcript in suits against from the books and proceedings of the Treasury Department, certified delinquents. by the Register and authenticated under the seal of the Department, or, when the suit involves the accounts of the War or Navy Departments, certified by the Auditors respectively charged with the examination of those accounts, and authenticated under the seal of the Treasury Department, shall be admitted as evidence, and the court trying the cause shall be authorized to grant judgment and award execution accordingly. And all copies of bonds, contracts, or other papers relating to, or connected with, the settlement of any account between the United States and an individual, when certified by the Register, or by such Auditor, as the case may be, to be true copies of the originals on file, and authenticated under the seal of the Department, may be annexed to such transcripts, and shall have equal validity, and be entitled to the same degree of credit which would be due to the original papers if produced and authenticated in court: Provided, That where suit is brought upon a bond or other sealed instrument, and the defendant pleads non est factum," or makes his motion to the court, verifying such plea or motion by his oath, the court may take the same into consideration, and, if it appears to be necessary for the attainment of justice, may require the production of the original bond, contract, or other paper specified in such affidavit.

In indictments for embezzlement of public moneys.

66

SEC. 887. Upon the trial of any indictment against any person for embezzling public moneys, it shall be sufficient evidence, for the purpose of showing a balance against such person, to produce a transcript from the books and proceedings of the Treasury Department, as provided by the preceding section. [See § 5494, EMBEZZLEMENT.]

office.

SEC. 888. A copy of any return of a contract returned and filed in the Copies of rereturns-office of the Department of the Interior, as provided by law, when turns in returnscertified by the clerk of the said office to be full and complete, and when authenticated by the seal of the Department, shall be evidence in any prosecution against any officer for falsely and corruptly swearing to the affidavit required by law to be made by such officer in making his return of any contract, as required by law, to said returns-office. [See 3744, CONTRACTS.]

fices of United

SEC. 896. Copies of all official documents and papers in the office of Copies of recany consul, vice-consul, or commercial agent of the United States, and ords, &c., in of of all official entries in the books or records of any such office, certified States consuls, under the hand and seal of such officer, shall be admitted in evidence &c. in the courts of the United States. [See § 1707, DIPLOMATIC ANd ConSULAR OFFICERS.]

statutes

SEC. 908. The edition of the laws and treaties of the United States, Little & published by Little & Brown, shall be competent evidence of the sev- Brown's edition eral public and private acts of Congress, and of the several treaties of the therein contained, in all the courts of law and equity and of maritime to be evidence. jurisdiction, and in all the tribunals and public offices of the United States, and of the several States, without any further proof or authentication thereof.

Title 19.

SEC. 1778. In all cases in which, under the laws of the United States, oaths or acknowledgments may now be taken or made before any jus- Taking oaths, tice of the peace of any State or Territory, or in the District of Colum- acknowledg bia, they may hereafter be also taken or made by or before any notary ments, &c. public duly appointed in any State, district, or Territory, or any of the commissioners of the circuit courts, and, when certified under the hand and official seal of such notary or commissioner, shall have the same force and effect as if taken or made by or before such justice of the peace.

tion.

Receipting for larger sums than are paid.

SEC. 5481. Every officer of the United States who is guilty of extor- Title 70, Chap. 6 ° tion under color of his office shall be punished by a fine of not more Officer of the than five hundred dollars, or by imprisonment not more than one year, United States except those officers or agents of the United States otherwise differently guilty of extorand specially provided for in subsequent sections of this chapter. SEC. 5483. Every officer charged with the payment of any of the appropriations made by any act of Congress, who pays to any clerk, or other employé of the United States, a sum less than that provided by law, and requires such employé to receipt or give a voucher for an amount greater than that actually paid to and received by him, is guilty of embezzlement, and shall be fined in double the amount so withheld from any employé of the Government, and shall be imprisoned at hard labor for the term of two years.

Title 66.

SEC. 5270. Whenever there is a treaty or convention for extradition between the Government of the United States and any foreign govern- Fugitives from ment, any justice of the Supreme Court, circuit judge, district judge, the justice of a commissioner, authorized so to do by any of the courts of the United foreign country. States, or judge of a court of record of general jurisdiction of any State,

Evidence on the hearing.

Surrender of the fugitive.

Time allowed for extradition.

the accused.

may, upon complaint made under oath, charging any person found within the limits of any State, district, or Territory, with baving committed within the jurisdiction of any such foreign government any of the crimes provided for by such treaty or convention, issue his warrant for the apprehension of the person so charged, that he may be brought before such justice, judge, or commissioner, to the end that the evidence of criminality may be heard and considered. If, on such hearing, he deems the evidence sufficient to sustain the charge under the provisions of the proper treaty or convention, he shall certify the same, together with a copy of all the testimony taken before him, to the Secretary of State, that a warrant may issue upon the requisition of the proper authorities of such foreign government, for the surrender of such person, according to the stipulations of the treaty or convention; and he shall issue his warrant for the commitment of the person so charged to the proper jail, there to remain until such surrender shall be made.

SEC. 5271. In every case of complaint, and of a hearing upon the return of the warrant of arrest, copies of the depositions upon which an original warrant in any foreign country may have been granted, certified under the hand of the person issuing such warrant, and attested upon the oath of the party producing them to be true copies of the original depositions, may be received in evidence of the criminality of the person so apprehended, if they are authenticated in such manner as would entitle them to be received for similar purposes by the tribunals of the foreign country from which the accused party escaped. The certificate of the principal diplomatic or consular officer of the United States resident in such foreign country shall be proof that any paper or other document so offered is authenticated in the manner required by this section.

SEC. 5272. It shall be lawful for the Secretary of State, under his hand and seal of office, to order the person so committed to be delivered to such person as shall be authorized, in the name and on behalf of such foreign government, to be tried for the crime of which such person shall be so accused, and such person shall be delivered up accordingly; and it shall be lawful for the person so authorized to hold such person in custody, and to take him to the territory of such foreign government, pursuant to such treaty. If the person so accused shall escape out of any custody to which he shall be committed, or to which he shall be delivered, it shall be lawful to retake such person in the same manner as any person accused of any crime against the laws in force in that part of the United States to which he shall so escape, may be retaken on an escape. [See §§ 5409, 5410.]

SEC. 5273. Whenever any person who is committed under this Title or any treaty, to remain until delivered up in pursuance of a requisition, is not so delivered up and conveyed out of the United States within two calendar months after such commitment, over and above the time actually required to convey the prisoner from the jail to which he was committed, by the readiest way, out of the United States, it shall be lawful for any judge of the United States, or of any State, upon application made to him by or on behalf of the person so committed, and upon proof made to him that reasonable notice of the intention to make such application has been given to the Secretary of State, to order the person so committed to be discharged out of custody, unless sufficient cause is shown to such judge why such discharge ought not to be ordered.

Continuance of SEC. 5274. The provisions of this Title relating to the surrender of provisions lim. persons who have committed crimes in foreign countries shall continue ited. in force during the existence of any treaty of extradition with any foreign government, and no longer. Protection of SEC. 5275. Whenever any person is delivered by any foreign government to an agent of the United States, for the purpose of being brought within the United States and tried for any crime of which he is duly accused, the President shall have power to take all necessary measures for the transportation and safe-keeping of such accused person, and for his security against lawless violence, until the final conclusion of his trial for the crimes or offenses specified in the warrant of extradition, and until his final discharge from custody or imprisonment for or on account of such crimes or offenses, and for a reasonable time thereafter, and may employ such portion of the land or naval forces of the United States, or of the militia thereof, as may be necessary for the safe-keeping and protection of the accused.

SEC. 5276. Any person duly appointed as agent to receive, in behalf Powers of agent of the United States, the delivery, by a foreign government, of any per- ers delivered by receiving offendson accused of crime committed within the jurisdiction of the United a foreign govern. States, and to convey him to the place of his trial, shall have all the ment. powers of a marshal of the United States, in the several districts through which it may be necessary for him to pass with such prisoner, so far as such power is requisite for the prisoner's safe-keeping.

Penalty for op.

SEC. 5277. Every person who knowingly and willfully obstructs, resists, or opposes such agent in the execution of his duties, or who rescues posing agent, &c. or attempts to rescue such prisoner, whether in the custody of the agent or of any officer or person to whom his custody has lawfully been committed, shall be punishable by a fine of not more than one thousand dollars, and by imprisonment for not more than one year.

SEC. 5278. Whenever the executive authority of any State or Territory Fugitives from demands any person as a fugitive from justice, of the executive authority justice of a State or Territory. of any State or Territory to which such person has fled, and produces a copy of an indictment found or an affidavit made before a magistrate of any State or Territory, charging the person demanded with having committed treason, felony, or other crime, certified as authentic by the governor or chief magistrate of the State or Territory from whence the person so charged has fled, it shall be the duty of the executive authority of the State or Territory to which such person has fled to cause him to be arrested and secured, and to cause notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear. If no such agent appears within six mouths from the time of the arrest, the prisoner may be discharged. All costs or expenses incurred in the apprehending, securing, and transmitting such fugitive to the State or Territory making such demand, shall be paid by such State or Territory.

SEC. 5279. Any agent so appointed who receives the fugitive into his custody, shall be empowered to transport him to the State or Territory from which he has fled. And every person who, by force, sets at liberty or rescues the fugitive from such agent while so transporting him, shall be fined not more than five hundred dollars or imprisoned not more than one year. [See § 5409.]

Penalty for resisting agent, &c.

SEC. 5280. On application of a consul or vice-consul of any foreign Arrest of degovernment having a treaty with the United States stipulating for the serting sea men from foreign vesrestoration of seamen deserting, made in writing, stating that the per- sels. son therein named has deserted from a vessel of any such government, while in any port of the United States, and on proof by the exhibition of the register of the vessel, ship's roll, or other official document, that the person named belonged, at the time of desertion, to the crew of such vessel, it shall be the duty of any court, judge, commissioner of any circuit court, justice, or other magistrate, having competent power, to issue warrants to cause such person to be arrested for examination. If, on examination, the facts stated are found to be true, the person arrested not being a citizen of the United States, shall be delivered up to the consul or vice-consul, to be sent back to the dominions of any such government, or, on the request and at the expense of the consul or viceconsul, shall be detained until the consul or vice-consul finds an opportunity to send him back to the dominions of any such government. No person so arrested shall be detained more than two months after his arrest; but at the end of that time shall be set at liberty, and shall not be again molested for the same cause. If any such deserter shall be found to have committed any crime or offense, his surrender may be delayed until the tribunal before which the case shall be depending, or may be cognizable, shall have pronounced its sentence, and such sentence shall have been carried into effect.

Allowing pris

SEC. 5409. Whenever any marshal, deputy marshal, ministerial officer, Title 70, Chap. 4. or other person, has in his custody any prisoner by virtue of process issued under the laws of the United States by any court judge, or commissioner, and such marshal, deputy marshal, ministerial officer, or other oners to escape. person, voluntarily suffers such prisoner to escape, he shall be fined not more than two thousand dollars, or imprisoned for a term not more than two years, or both.