and if, after he has had any prize-property in his custody, and has actually performed labor and incurred responsibility for the care and preservation thereof, the same is taken by the United States for its own use without a sale, or if it is delivered on stipulation to the claimants, he shall, in case the same is condemned, be entitled to onehalf the above commissions on the amount deposited by the United States to the order of the courts, or collected upon the stipulation. No charges of the marshal for expenses or disbursements shall be allowed, except upon his oath that the same have been actually and necessarily incurred for the purpose stated.

§ 4646. The district attorney and prize-commissioners, except the naval officer, shall be allowed a just and suitable compensation for their respective services in each prize-cause, to be adjusted and determined by the court, and to be paid as costs in the cause.

Emoluments of prize-commissioners-The Hattle and Cargo, Blatchf. Prize, 595; Desty S. & A. § 436.

§ 4647. Accounts of district attorney and prizecommissioner.-Each district attorney and prize-commissioner, except the naval officer, shall render to the Attorney-General an annual account of all sums he shall have received for all services in prize-causes within the previous year; and the district attorney shall be allowed to retain therefrom a sum not exceeding three thousand dol lars a year, in addition to the maximum compensation allowed to be retained by him; under the provisions of Title XIII, "THE JUDICIARY," or in addition to any salary he may receive in lieu of such maximum compensation; and each such prize-commissioner shall be allowed to retain a sum not exceeding three thousand dollars a year, which shall be in full for all his official services in prize causes; and any excess over those respective amounts shall be paid by the officer receiving the same into the Treasury of the United States, and shall be credited to the fund for paying naval pensions.

§ 4648. Compensation of special counsel.—The court may allow such compensation as it deems just under the circumstances of each case to any special counsel for captors, not being the district attorney or any of his assistants, whether appointed by an Executive Department or by captors, for services actually rendered in the cause, to be paid as costs, in whole or in part, either from the entire fund or from the portion awarded to the captors; but no such allowance shall be made, except for

services rendered on matters as to which the party the counsel represents has an adverse interest to the United States, or an interest otherwise proper in the opinion of the court to be represented by special counsel, or for services rendered in a contestation between parties claiming to participate in the distribution of the proceeds.

§ 4649. Fees of special counsel.-Fees of special counsel in prize-cases incurred or authorized by any Department, or for the defense of captors against demands for damages made by claimants in the district court, not paid by claimants, nor from the prize-fund in the particular cause, and audited and allowed by the Department incurring or authorizing them, and by the Solicitor of the Treasury, shall be a charge upon, and paid out of, the funds appropriated for defraying the expenses of suits in which the United States is a party or interested.

Officers of the Departments required to perform all legal services required for other Departments-Rev. Stats. sec. 361. Attorney-General may retain special counsel-Rev. Stats. secs. 363-365.

§ 4650. Commissions of auctioneers.-The auctioneers employed to make sales of prize-property shall be entitled to receive commissions by a scale to be established by the Secretary of the Navy, not to exceed, in any case, one-half of one per centum on any sum exceeding ten thousand dollars on vessels, nor one per centum on that sum on other prize-property, which shall be in full for expenses, as well as for services; and in case no such scale shall be established, they shall be entitled to receive such compensation as the court shall deem just under the circumstances of each case.

When

§ 4651. Payment of fees of witnesses.ever the court shall allow fees to any witness in a prizecause, or fees for taking evidence out of the district in which the court sits, and there is no money subject to its order in the cause, the same shall be paid by the marshal, and shall be repaid to him from any money deposited to the order of the court in the cause; and any amount not so repaid the marshal shall be allowed as witness-fees paid by him in cases in which the United States is a party.

§ 4652. Recaptures.-When any vessel or other property shall have been captured by any force hostile to the United States, and shall be recaptured, and it shall appear to the court that the same had not been condemned as prize before its recapture, by any competent authority, the court shall award a meet and competent sum as sal

vage, according to the 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 condemned as prize. Nothing in this title shall be construed to contravene any treaty of the United States.

Allowance of salvage in case of recapture-The Adeline, 9 Cranch, 244. See The Star, 3 Whart. 78. There is no distinction between a recapture by a public-armed vessel, and a recapture by a private-armed vessel-The Leviathan, 12 Opinions Attorneys-General, 289. Distribution of proceeds to captors-ante, §§ 4631-4642.

TITLE LV.

LIGHTS AND BUOYS.

§ 4653. Organization of the Light-House Board.

$4654. President of the board.

4655. Chairman.

4656. Meetings of the board.

4657. Regulation of meetings.

4658. General powers and duties of board.

4659. Duty to furnish estimates of light-house expenses. 4660. Purchase of sites for light-houses.

4661. Cession of jurisdiction requisite.

4662. What cession is sufficient.

4663. Preliminary surveys.

4561. Superintendents of construction, etc., of light-houses.

4665. Contracts must be founded on official plans and on a vote of the board.

§ 4666. Regulation of contracts for materials, etc.

$4667. Contracts for erection must be upon advertisement for pro

posals.

§ 4668. Substitution of light-houses for light-ships.

4669. Regulations for the light-house service.

4670. Light-house districts.

4671. Light-house inspectors.

4672. Collectors of customs to act as superintendents. 4673. Their compensation.

4674. Discontinuance and re-establishment of lights. 4675. Sale of useless sites.

4676. Warnings to be placed over obstructions.

4677. Pier-heads to be marked.

4678. Color of buoys prescribed.

4679. Restriction on compensation of officers, etc. 4680. Officers, etc., not to be interested in contracts.

§ 4653. Light-House Board. - The President shall appoint two officers of the Navy, of high rank, two officers of the Corps of Engineers of the Army, and two civilians of high scientific attainments, whose services may be at the disposal of the President, together with an officer of the Navy and an officer of engineers of the Army, as secretaries, who shall constitute the LightHouse Board.

§ 4654. President of the board.-The Secretary of the Treasury shall be ex-officio president of the LightHouse Board.

§ 4655. Chairman. The Light-House Board shall elect, by ballot, one of their number as Chairman of the board, who shall preside at their meetings, when the

president is absent, and shall perform such acts as may be prescribed by the rules of the board.

§ 4656. Meetings of the board.-The Light-House Board shall meet, for the transaction of business, on the first Mondays in March, June, September, and December. But the Secretary of the Treasury may convene the board whenever, in his judgment, the exigencies of the service require it.

§ 4657. Regulation of meetings.-The Light-House Board may adopt such regulations for the government of their meetings as they judge expedient.

§ 4658. General powers and duties of board. The Light-House Board shall be attached to the office of the Secretary of the Treasury, and under his superintendence shall discharge all administrative duties relating to the construction, illumination, inspection, and superintendence of light-houses, light-vessels, beacons, buoys, sea-marks, and their appendages, and embracing the security of foundations of works already existing, procuring illuminating and other apparatus, supplies, and materials *of all kinds, for building, and for rebuilding when necessary, and keeping in good repair the light-houses, light-vessels, beacons, and buoys of the United States; and shall have the charge and custody of all the archives, books, documents, drawings, models, returns, apparatus, and other things appertaining to the Light-House Establishment.

The word "of" substituted for "fo," in the ninth line-Amend. Act February 27th, 1877; 19 U. S. Stats. 252.

The Light-House Board to examine and report what light-houses, etc., are required on the Mississippi, Ohio, and Missouri rivers-Act of June 22nd, 1874; 18 U. S. Stats. 201. Jurisdiction of Light-House Board extended over these rivers-Act of June 23rd, 1874; 18 U. S. Stats.220.

§ 4659. Estimates of light-house expenses.-The Light-House Board shall furnish, upon the requisition of the Secretary of the Treasury, all the estimates of expense which the several branches of the light-house service may require, and such other information as may be required, to be laid before Congress at the commencement of each session.

Appropriations for establishing light-houses-Rev. Stats. sec. 3685.

§ 4660. Purchase of sites for light-houses.-The Light-House Board is authorized, whenever an appropriation has been or may be made by Congress for a new light-house, the proper site for which does not belong to the United States, to purchase the necessary land, pro