to be appointed, &c. there shall forthwith be selected three competent persons, who shall Commissioners be named and appointed by the President, and shall by him be constituted a board of commissioners, whose duty it shall be to hear the parties interested, who may appear before them upon reasonable notice of time and place, and ascertain the true value of the land taken, and of the several parcels thereof that shall not have been conveyed to or paid for by the United States as hereinbefore provided, and the names and titles of the claimants thereof, if more than one, and their respective interests therein, and what compensation for the taking of their lands is due to each claimant; and the said board of commissioners shall report the same as early as practicable after their appointment to the circuit court of the circuit court. United States within and for the district in which such lands are situated; and in case of a difference of opinion in the said board as to the matters referred to them, the report of a majority of the commissioners shall be held to be the report of the board. And the compensation and expenses Report to the Court to order of the said commissioners shall be fixed and approved by the Secretary Pay of commisof War, and paid by the Secretary of the Treasury upon his requisition. sioners. SEC. 4. And be it further enacted, That the said circuit court, upon the return and examination of the report of the said commissioners, shall, for payment. the parcels of land taken, as to which there appear to be no conflicting claims for compensation, by decree, order the sums awarded by the commissioners in said report, to be paid to the person or persons who shall, according to said report, be entitled thereto, and who shall apply therefor, and who shall, by writing filed in the said court, waive his or their right to an appeal from the determination of the said board of commissioners, and agree to accept the said sum, in full satisfaction of his or their claims for such lands, taken by the United States: Provided, That if the party entitled and applying as aforesaid, or filing a complaint as hereinafter provided, shall have an estate for life only in said land, or any estate less than a fee simple, or shall be a married woman, or a minor, or non compos mentis, the court aforesaid shall, in its final judgment or decree, make such order for the payment of the said compensation to the party or for its payment into court; and as to the investment of the principal and disposal of the income, or interest thereof, as shall be just and equitable, and for the protection of the rights of those interested, in accordance with the rules and practice of courts of equity, in cases where a fund in court is to be divided and administered. Proviso. Appeal from decision of com missioners. Time of pro SEC. 5. And be it further enacted, That any person or persons aggrieved by the doings of the aforesaid board of commissioners, in the estimation of his or their damages, or in the refusal or omission thereof, may at any time within twelve months from and after the return of said report to the said circuit court, or within three years after the land ceedings. claimed shall have been taken, make application by complaint in writing to the said court sitting as a court of equity, setting forth the title which he or they may have or claim in said lands taken, or in parcels thereof, and the grievance complained of; and the said court, after reasonable notice to the district attorney of the United States for that district, who shall appear and act for and in behalf of the United States, shall proceed and hear the parties, and their evidence according to the course of proceedings in equity, and shall determine what right or title, if any, the complainant or complainants had in and to the parcels of land taken, claimed by him or them, and shall ascertain, and by decree fix the sum or sums of money to which as damages or just compensation for such taking the complainants, severally or jointly, if they apply jointly, are entitled: Provided, That if a complainant in any case shall, in writing Proviso. or by motion, so request, the value of the land taken or his interest therein shall be assessed or determined by a jury upon the law side of the court, upon issues properly framed, under the direction or allowance of the court sitting in equity. Trial by jury. Complainants may be required to give security for costs. supreme court of the United SEC. 6. And be it further enacted, That, if the attorney of the United States shall so request, the court may, before ordering issues to be framed for a jury, as provided in the foregoing section, require the complainants applying therefor to undertake and to give security satisfactory to the court therefor, that they will pay the costs of court to be taxed by the court, if the verdict of such jury shall not be in favor of such complainants, and for a sum larger than that allowed by the board of commissioners in their report; and the decision of all questions as to the amount of costs to be paid by or to the complainants shall be within the determination of the court at their discretion, and according to the rules of equity practiced in the courts of the United States. SEC. 7. And be it further enacted, That either party may appeal to Appeal to the the supreme court of the United States from any final judgment or decree which may be rendered by said circuit court in any case arising under the provisions of this statute, where the amount in controversy exceeds three thousand dollars: Provided, That such appeal shall be taken within ninety days after the rendition of such judgment or decree. States. Proviso. Final judg ments or decrees in favor of claim ant to be paid. Effect of such payment. Claims for damages to be adjusted, &c., within three years. Saving in favor of minors, married women, &c. SEC. 8. And be it further enacted, That in all cases of final judgments or decrees by said circuit court, or on appeal by the said supreme court, where the same shall be affirmed in favor of the claimant, the sum due thereby shall be paid either to the claimant or into the circuit court aforesaid, as said judgment or decree may determine, by the United States, out of the money appropriated for the construction and maintenance of said arsenal, on presentation to the Secretary of the Treasury of a copy of said judgment or decree signed by the presiding judge, and certified by the clerk of the said circuit court. And such payment shall be a full discharge to the United States for the compensation and damages due for the taking of the lands, in respect of which the said judgment or decree was rendered or made, and shall forever bar any further claim or demand against the United States arising out of the taking of such land. And such payment, or the lawful tender thereof, shall operate as, and shall be deemed and held to be, a full and complete conveyance of the parcel or parcels of land for which it was made to the United States. SEC. 9. And be it further enacted, That every claim against the United States for the taking of land for public use as herein authorized, shall be forever barred unless within three years from the time of such taking, the claim for compensation therefor shall be adjusted by agreement with the Secretary of War, or be settled by an award of the board of commissioners, or presented by complaint or petition to the circuit court of the United States in the district in which the land is situated: Provided, however, That the claims of persons, who at the time of the taking shall be under the age of twenty-one years, married women, idiots, lunatics, or insane, or beyond seas, shall not be barred if their petition or complaint be filed in said court as aforesaid, within three years after the disability has ceased, but no disability other than those enumerated shall prevent any claim from being barred, nor shall any of the said disabilities operate cumulatively. APPROVED, April 19, 1864. April 19, 1864. CHAP. LXI.-An Act fixing the Date of the Loss of the U. S. Brig "Bainbridge," and for the Relief of the Officers, Seamen, and Marines of the same, and for other Purposes. Date when the U. S. brig Bainbridge shall be deemed to have been lost. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of fixing the time at which shall commence the pensions, under the existing laws, of the widows and orphan children of the officers, seamen, marines, and others in service who were lost in the United States brig "Bainbridge," as well as the time to which the pay of said officers, seamen, marines, and others in the service shall be allowed, the twenty-first day of August, in the year one thousand eight hundred and sixty-three, shall be deemed and taken to be the day on which the said brig "Bainbridge" foundered at sea. equal to twelve SEC. 2. And be it further enacted, That the widow or child or chil- Widow, child, dren, and in case there shall be no widow, or child or children, as afore- or parents, &c., said, then the parent or parents, and if there be no parents, the brothers to receive a sum and sisters of the officers, seamen, marines, and others in service, who months' pay. were lost in said brig❝ Bainbridge," shall be entitled to and receive, out of any money in the treasury not otherwise appropriated, a sum equal to twelve months' pay of their respective deceased relations, aforesaid, in addition to the pay due to the said deceased at the date of the loss of said vessel. SEC. 3. And be it further enacted, That the proper accounting officers Accounts of of the treasury department be, and are hereby, authorized and directed to Charles C. Walden, acting assistsettle the accounts of Charles C. Walden, late acting assistant paymaster, ant paymaster, to in the navy, who was lost in the brig " Bainbridge," with all his accounts be settled. and vouchers for expenditures and payment made by him, and with all the money, stores, and supplies procured for the use of said vessel, and to allow him a credit for whatever sum appears to be due from him on the books of the department. APPROVED, April 19, 1864. CHAP. LXIII. An Act to amend an Act entitled "An Act to establish and equalize the Grade of Line Officers of the United States Navy," approved July sixteenth, eighteen hundred and sixty-two. April 21, 1864. 1862, ch. 183. Vol. xii. p. 583. nor other Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no line officer of the navy, No line officer upon the active list, below the grade of commodore, nor any other naval upon active list, officer, shall be promoted to a higher grade, until his mental, moral, and naval officer, to professional fitness to perform all his duties at sea shall be established to be promoted, unthe satisfaction of a board of examining officers to be appointed by the less after examination, &c. President of the United States. And such board shall have power to Board of examtake testimony, the witnesses when present to be sworn by the president iners; appointof the board, and to examine all matter on the files and records of the ment, power, &c.; department in relation to any officer whose case shall be considered by them. SEC. 2. And be it further enacted, That such examining board shall of whom to conconsist of not less than three officers, senior in rank to the officer to be sist. examined. SEC. 3. And be it further enacted, That any officer to be acted upon by Officers intersaid board shall have the right to be present, if he desires it; and his ested may be statement of his case, on oath, and the testimony of witnesses, and his present at examination. examination, shall be recorded. And any matter on the files and records of the department touching each case, as may in the opinion of the board be necessary to assist them in making up their opinion, shall, together with the whole record and finding, be presented to the President for his approval or disapproval of the finding. And no officer shall be rejected until after such public examination of himself and the records of the department in his case, unless he fails to appear before said board after having been duly notified. Record of case to be presented to the President. No officer to be shown by exami SEC. 4. And be it further enacted, That no officer in the naval service thall be promoted to a higher grade therein, upon the active list, until he promoted unless has been examined by a board of naval surgeons, and pronounced physi- nation to be physcally qualified to perform all his duties at sea. And all officers whose ically qualified. cases shall have been acted upon by the aforesaid boards, and who shall not have been recommended for promotion by both of them, shall be placed upon the retired list. Certain officers, SEC. 5. And be it further enacted, That all officers not recommended not recommended for promotion under the fourth section of an act entitled "An act tc for promotion, may present themselves for establish and equalize the grades of line officers of the United States examination, &c. navy," approved July sixteen, eighteen hundred and sixty-two, shall have the right to present themselves for examination, according to the provisions of this act, and if found duly qualified, and such finding be approved by the President of the United States, they shall be promoted to the same grade and place as, if they had been recommended by the board, and shall receive the corresponding pay according to the service which they have performed from the date of their rank to that of their promotion. And no further promotions shall be made upon the active list until the number in each grade is reduced to that provided by law. When may be promoted. be advanced for SEC. 6. And be it further enacted, That any officer in the naval service, Any officer may by and with the advice and consent of the senate, may be advanced, not exceeding thirty numbers, in his own grade, for distinguished conduct in battle, or extraordinary heroism. conduct in bat tle, &c. Fleet paymas ters and engineers. Retired pay of surgeons, paymasters, &c. Repealing clause. April 21, 1864. 1863, ch. 75, § 5. Vol. xii. p. 732. Rank, &c., of provost-marshal general. SEC. 7. And be it further enacted, That the President of the United States shall appoint paymasters of the fleet and engineers of the fleet in the same manner and with the same rank and pay as fleet surgeons; and the retired pay of surgeons, paymasters, engineers, and other staff officers in the navy shall be the same as that of the retired officers of the line of the navy with whom they have relative rank. SEC. 8. And be it further enacted, That all acts or parts of acts which are inconsistent with the provisions of this act are hereby repealed. APPROVED, April 21, 1864. CHAP. LXIV. - An Act to amend an Act for enrolling and calling out the National Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the rank, pay, and emoluments of the provost-marshal general, authorized by section five of said act, shall be those of a brigadier-general. SEC. 2. And be it further enacted, That all acts and parts of acts inRepealing clause. consistent herewith are hereby repealed. APPROVED, April 21, 1864. April 21, 1864. CHAP. LXV. - An Act to change the Name of the District and Port of Presque Isle to the District and Port of Erie. District of Presque Isle to be known as Erie. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the district of Presque Isle, in the state of Pennsylvania, shall hereafter be known as the district of Erie, and the port of Presque Isle shall hereafter be known as the port of Erie. APPROVED, April 21, 1864. April 22, 1864. CHAP. LXVI.— An Act in Amendment of an Act entitled "An Act relating to Foreign 1857, ch. 56, Coins and the Coinage of Cents at the Mint of the United States," approved February twenty-one, eighteen hundred and fifty-seven. Vol. xi. p. 163. Standard weight, &c., of the cent. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, from and after the passage of this act, the standard weight of the cent coined at the mint of the United States shall be forty-eight grains, or one tenth of one ounce troy; and said cent shall be composed of ninety-five per centum of copper, and five per centum of tin and zinc, in such proportions as shall be determined by the director of the mint; and there shall be from time to time struck Two-cent pieces and coined at the mint a two-cent piece, of the same composition, the standard weight of which shall be ninety-six grains, or one fifth of one ounce troy, with no greater deviation than four grains to each piece of said cent and two-cent coins; and the shape, mottoes, and devices of said to be coined. Shape, devices, &c. coins shall be fixed by the director of the mint, with the approval of the Secretary of the Treasury; and the laws now in force relating to the coinage of cents and providing for the purchase of material and prescribing the appropriate duties of the officers of the mint and the Secretary of the Treasury be, and the same are hereby, extended to the coinage herein provided for. extended thereto. SEC. 2. And be it further enacted, That all laws now in force relating Present laws to the coins of the United States and the striking and coining the same shall, so far as applicable, be extended to the coinage herein authorized, whether said laws are penal or otherwise, for the security of the coin, regulating and guarding the process of striking and coining, for preventing debasement or counterfeiting, or for any other purpose. mint to secure SEC. 3. And be it further enacted, That the director of the mint shall Director of prescribe suitable regulations to insure a due conformity to the required conformity of alweights and proportions of alloy in the said coins; and shall order trials loy in such coins. thereof to be made from time to time by the assayer of the mint, whereof a report shall be made in writing to the director. SEC. 4. And be it further enacted, That the said coins shall be a legal Such coins to tender in any payment, the one-cent coin to the amount of ten cents, and and for what be legal tender the two-cent coin to the amount of twenty cents; and it shall be lawful to sums. pay out said coins in exchange for the lawful currency of the United States, (except cents or half cents issued under former acts of congress,) in suitable sums, by the treasurer of the mint, and by such other depositaries as the Secretary of the Treasury may designate, under general regulations proposed by the director of the mint and approved by the Secretary of the Treasury; and the expenses incident to such exchange, distribution, and transmission may be paid out of the profits of said coinage; and the net profits of said coinage, ascertained in like manner as is prescribed in the second section of the act to which this is a supplement, shall be transferred to the treasury of the United States. SEC. 5. And be it further enacted, That if any person or persons shall make, issue, or pass, or cause to be made, issued, or passed, any coin, card, token, or device whatsoever, in metal or its compounds, intended to pass or be passed as money for a one-cent piece or a two-cent piece, such person or persons shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine not exceeding one thousand dollars, and by imprisonment for a term not exceeding five years. APPROVED, April 22, 1864. CHAP. LXVII. Penalty for making coins intended to be passed as cents, &c. -An Act for a Charter of Masonic Hall Association, in Washington April 26, 1864. Association in Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That B. B. French, of the Masonic Hall Grand Encampment of the United States of America; Robert McMurdy, corporated. of the General Grand Royal Arch Chapter of the United States; George C. Whiting, of the Grand Consistory; E. L. Stevens, of Osiris Lodge of Perfection, No. 1; Z. D. Gilman, of Washington Commandery, No. 1; W. P. Partello, of Columbia Commandery; W. M. Smith, of Columbia Royal Arch Chapter, No. 15; W. G. Parkhurst, of Washington Royal Arch Chapter, No. 16; James Steelle, of Mount Vernon Royal Arch 'Chapter, No. 20; C. F. Stansbury, of the Grand Lodge of the District of Columbia; Joseph Nairn, of Federal Lodge, No. 1; N. Acker, of Lebanon Lodge, No. 7; E. Kloman, of New Jerusalem Lodge, No. 9; J. M. Turton, of Hiram Lodge, No. 10; T. J. Fisher, of Saint John's Lodge, No. 11; L. Gassenheimer, of National Lodge, No. 12; J. Van Riswick, of Washington Centennial Lodge, No. 14; J. C. McGuire, of B. B. French Lodge, No. 15; F. L. Harvey, of Dawson Lodge, No. 16; J. W. D. Gray, of Harmony Lodge, No. 17; J. M. Hanson, of Acacia |