Charles City Republican intelligencer. [volume] (Charles City, Iowa) 1861-1864, 1862-04-24

: entitled to receive the bounty and pay
. to which they would have been enti.
tied had they been regularly muster
ed into service Prorided, That the
bounty and pay referred to in this act
shall not be payable unless their term
of enlistment and service be of such
duration as to cntitle them to receive
tho same, according to existing laws.
Approved, March 25, 1862.
PUmLc--No. 40.
AN Act to facilitate judicial proceed
ings in adjudications upon captured
property, and for the better admin
istration of the laws of prize.
BE Il enacted by The Senate and House
Of Representatives. of The United States of
America in Congress assembled, That
whenever any property captured as
prize shall be brought into any dis
trict of the United States for adjudi-
cation, it shall be the duty Of the
prize commissioners for such district
forthwith is receive, seal, and safely
keep the same, until prcess shall be
issued ont Of the court, under which
the same shall be placed in the custo-
dy Of the marshal Of such district.
1t shall be the further duty of said
prize commissioners, at the time of
taking such possession, and from time
to time pending the adjudication, to
examine iuto the condition of said
property, and report to the court if
the same, or any part thereof, be per-
ishing or pcrishablc, or dcteriorating
in value and if the same he so found
by the court, upon said report or 9th
er evidence, the court may thcreupon
order an interlocutory sale thereof by
the United States marshal, and the de-
posit of the gross proceeds of such
sale in the registry of the court to
abide the further order of the court,
whether claim to said property has
or has not been intcrposcd. 1t shalI
Gc the further duty of the said prize
commissioners to receive from the |
prize master all the papers and doc
umcnts, and forthwith to proceed to .
take the testimony of the witnesses |
prescribed by law, pursuant to the
rules and under the intcrrogatories
adopted 10y the court. and separately
from each other and unattended by
counsel, and the said papers, docu-
ments, and testimony, securely to
seal with their seals, and as soon as
practicable deposit in the registry Of
the court and thereafter, promptly
and without unnecessary delay, the
court shall proceed to hearing and ad-
Indication.
Sec. 2. And BE- IL further enaciod, That
all reasonable and proper claims and
charges for pilotagc, towaGe, wharf:
age, storage, insurance, and other ex-
penses incident to the bringing in and
safe custody and sale of the property |
captured as prize, shall be charge
upon the same. and having been audit
ed and allowed by the court, shall, in
event Of a decree of condemnation or |
of restitution on payment OF costs, be
paid out of the proceeds OF any sale
of the popcrty, final or interlocutory,
in the custody of the court. In case
Of decree of restitution upon pay
ment of costs, where no sale has been |
made, such charges and expenses
shall constitute part of said costs to
be paid by the claimant.
SEC. 3. And b a. further enaoted, That
the prize commissioners, and also the
district attorney, acting for the United
States, and the counsel for the cap
tors, shall be entitled to receive a just
and suitable compensation for their
several and respective services in |
each prize case or proceeding and
the same shall be adjusted and deter
mined by the court upon due consid,
Grafton Of the facts and circumstances
of each case and of the services ac-
tually rendered therein and the same,
when so adjusted, shall, in case of
final condemnation or restitution on
payment of costs, be paid out of the
proceeds of the prize property in the
custody of the court, or when no sale |
has been made, in whole Or in part,
as the court may direct by the claim
ant.
Sec. 4. Aud be IL further enacted, That
whatsoever final decree of condcm-
nation of property captured as prize
shall have been made, unless an in
terlocutory sale has been made as
hereinbeforc provided for. the prop
erty shall be sold by the United States
marshall pursuant to the practice and
proceedings in admiralty, and the gross
proceeds of such sale shall be forth
with deposited in court (; and there
upon the prize commissioners shall
proceed, under the direction of the
court, to take the requisite evidence,
and report the same to the court, to
the end that q final decree shall be
made determining what public ships
of the United States are entitled to
share in tie prize, and whether the
prize was of superior, equal, or inferior
force to the vessel or vessels making
the capture, and within thirty days af-
ter the entry of the same the clerk
of the court shall transmit to the
Treasury of the United States the
moneys so deposited in court. togeth-
er with certified copy of the said
decree, after deducting from said mon
eys the costs of court and the charges
and expenses hereinbefore provided
for.
SEC. 9. And be IL further enacted, That
the provisions of this act shall apply
as well to cases now pending as to
all future cases Of maratime captures
and to captures and seizures made un-
der the laws for the abolition Of the
slave trade and all laws and parts
of laws inconsistent herewith are
hereby repealed.
Approved, March 25, 1862.