Delaware State journal and statesman., 1862-04-01
TpuBLIc--No. 46.7

AN ACT to facilitate judicial proceedings IN
adjudcatons npon captured property, and for
the better administration of the law Of prize.
BE Il enacted By The Senate and House Of Repre-
sentahpes ofde UnHed States Of Americd ije Con-
gresS assembled That whenever any property
captured as pIize shall be brought into amy lis
trict of the United States for adjudication, II
shall be the duty Of the prize commissioners for
such district forthwith to receive seal, aud safe
ly keep the same, until process shall be issued
out Of the court, under which the same shall he
placed in the custody of the marshal of such dis
lriot. IL shall be the further duty of said prize
commissioners, at the time of taking such pos
session, and from time to time pending the ad-
Indication, to examine into the condition OF said
property, and report to the court ii the same, or
any part thereof be pershing or perishable, or
deternrating in value; and If the same he "a
found by tho conrt, upon said report or other
evidence, the court may thereupon order an in
terlocutUry sale thereof by the United States
marshall and the deposit 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 mt been interposed.
IL shall lie the further duty Of the shid prizr
commissioners 10 receive from the prize master
all the papers and documents, and forthwith TO
proceed 10 take the testimony of the Witnesses
prescribed by law, pursuant 10 the rules and
under the interrogatoriea adopted by the court,
and separately from each other aud unattended
by counsel, and the said papers, documents, and
testimony, securely to seal with their seas and
soon as practicable deposit in the registry of
the court and thereafter, promptly and without
unnecessary delay, the court shall proceed to
hearing and adjudication.
Sec. .. .1nd be IL further enacted, That all
reasonable and proper claims and charges for
piiotage, towage, wharfage, sto:age, insurance,
aud other expenses incident 10 the bringing 10
and sale custody and sale OF the property cap
turel as prize, shall be charge upon the same,
and having been audited and allowed by the
court, shall, 10 event Of decree of condemnn-
lion or Of restitution on payment Of costs, he
paid ont OF the proceeds Of any sale of the pro-
perty, final or interOcn;ory in the custody OF
the court. In case of n decree of restitution
upon payment 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 Ind he tNrihec enacted, That the
prize commissioners, and nlso the district httor--
ney, acting for the United StRtes, and the coun-
sci for the captors, shall he entitled To receive II
Just and suitable compensation for their several
anl respective services in each prize case or pro.
ceeling AMI the same shall be adjusted and de-
termined by the court upon due consideration of
the facts aud circumstances of each case and OF
the services actually rendered therein and the
same, when TO adjusted, shall, in case of final
condemnation or restitution nn payment Of costs,
be paid out Of the proceeds OF the prize property
IN custody Of the court, or when no sale has been
made, in whole or in part, as the court may Iii
rect by the claimant.
Sec. 4. 4Adb be ii fiirtLer endcisi, Tint whrnso
ever u final decree Of condemnation of property
captured as prize shall have been made uules,
An lntellocnory sale has been made as herein
before provided for, the property shall lie sold
by the United States marshal pursuant To til,
practice and proceedings in admiralty, and the
gross proceeds Of such sale shall hr forthwith
deposited in court; and therenpun the prizc
commissioners shall proceed, under the direction
OF the count, to take the requisite evidence ani
report the same to the court, To the end that a
final decree shall be made Determining whnt
public ships OF the United States are entitled ia
share in the prize and whether the prize was o.
vessels making the capture and within thirty
dnys after the entry Of the same, the clerk o
the court shall transmit to the Treasury Of the
United States the moneys so deposited in court
together with certified copy OF the said decree
after deducting from said moneys the costs o.
court and the charges aud expenses hereiubeiort
proyided for.
Sec. 3. And be il iarth,r cuacteG, That tn,
provisions of this act shall apply ms we'll to casei
now pending rs to all future cases of maritime
captures, aud to captures and seizures mad,
under the laws for the abolition Of tho say,
trade and all laws and parts of laws inoonsis-
tent herewith are hereby repealed.
App roved, March %, 1862.