Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1862-04-17
LPUAIIO=No. a. /


An ACT 10 iscili,ate judicial PROCEEDINGS IN adiudI
cations upon captured property, snd the better
administration OF the law OF prize,
Be q enacted by ths Saais ana Hoas, uf RrsSt ssa-
oss Of he Uasted States Of America in Congress as
ssnie!td, That whenever any properly saptured ~
prize shall be brought into any district OF the United
States for adjudication, IL shall be the duty of the
prize commissioners OF such district forthwith TO
peive, seal and safely keep the same until process
shall be issued out of the court, under which the
same shall be place 10 the custody of the marshal
Of esid distret II shall be the further duty of said
prize commissioners, al the time OF taking such pos
session and from time 10 time pending the asjudca.
tion, 10 examine into the condition OF said proper.
ty aud report TO the court If the Nsme any part
thereof be pershlg o. peri hable deter iorating
10 value and If the same b. found by the court,
upsn said report or other evidence the court may
thereupon order nterlocuory sale thereof by the
United States marshal, aud the deposit of the gross
proceeds of such sale In the registry OF the cout to
abide the farther order o. the court whether claim
TO said property hss hes not been interpOSet Is
shall be the fur her dnty Of said prize commission
era to neeiye from the prize master all the papers
and documents, ADD forthwith 10 proceed 10 take
the testimony OF the witnesses prescribed by law,
pursuant TO the rules and under the interrogatores
adopted by the court and separately from each other
and unattended by counsel, and the said papers,
documents 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 adjudication,
SEQ. And be Il futk,r enacted, That all reason
able and proper claims Tor pilotags, towsge wharf
age, storage, insurance and other expenses incident
to the bringing 10 and custody and sale of the
property captured as prize shall be q charge upon
the same, and having been audited and allowed by
the court, shall in event OF decree of eondemna.
ton or OF restitution on pay msnt OF costs, be paid
out OF the proceeds OF any sale Of the property, f.
nal or interocutory ia the custody of the court In
case Of q decree or rettitutioD upon pa, ment of
Q, ss, where sale has been mad sneh harges and
expenses shall constitute part OF said eosts TO be
paid by the claimant.
mSEo 8. AHd BE- Il ftrfatT enacted, That the prize
commissioners, and also the di tri attorney acting
for the United States and the counsel for the cap
tors, shall be entitled to receive int and suitable
compensation Tor the several and respective seTVi
ess in each prize case or proceeding; and the same
shall be adjusted and deerr ined by the ooust upon
due consideration Of the lac and circumstances of
each and of the services actually rendered there
in; snd the same, when so adjusted shall in case of
final condemnation or re- titutiOn on payment of
costs be paid ont of the prize property in the custo
dy of the court, or when sale has been made, In
whole or in part as the court may direct by the
claimant
See. 4. ARd b. It fo!ier enacted, That whensoever
final cree or condemnation of property captured
as prize shall have been made unless an nteroeuto
ny sale has been made herein before provided for
the property shall be sold by the URited Stats
shall pursuant TO the practice and proceedings 10 ad
miralty. and the gross proceeds + such ale shall
be forhv 18th der osted in court and thereupon the
prize commissioners shall proceed, under the direc
ton of the court, to take the requisite evidence and
report the same to the court, to the end tina. fua
decree shall be made determining what public ships
of the United States are entitled to share 10 the
prize, and whether the prize of superior, eqas
inferior force to the vessel vessels making the
capture, and within thirty days after she entry of
thu same the elerk of the court shall trsnsmt to the
Treasury of the Uuited States the moneys so depos
ted In court, together with cert fed copy OF the
said decree after deduct from said moneys the
costs of court and the charges and expenses herein
be ore provided for.
Sec 8. And b, II further enacted, That the provi-
81 ons of this act shall apply as well TO cases now
pend ng to all future of maritime captures,
and captures and seizure made under the laws for
the abolition of the slave trs de; and all Laws or
paris of laws inconsistent herewith are hereby ap
pealed.
Approved March 26, 1852.