Evansville daily journal. (Evansville, Ind.) 1863-1866, 1864-08-11

4fti '4iSefr =ha renda t. tue : ,etary u Ire
luief o. AZ annual =ccount, beZinutBg vita the
FIRST day Of July next. Of all sums h. shall have
rsteired Ior at services ID the prize cz-zs within
the previous year; aBI the dissfieE attorney shall
De allowed 70 r. laiu th=r-frDBf sum UoF e.
ing tlf thousand dollars for each year. in z1dI-
fton 70 the max lnunz CCfupeusztion allowed 30 be
ret Hned b him D. the third section Of the q
the tHeDty-sixth February, elchtee7 hgndred aud
NIFTY three Or ID addition 70 auy salary b. may re
Give IN lieu 4 such max mum compensation ard
each such prize Commissioner shall be allowed 70
FstaiB not exec ding t4ree Thousand dollars
r each year, which shall be is full for al his off,
cial services 10 priZe causes ard any excess over
those objective amounts shall be paid By the bfii
csr TeoeiyiDg the same into the Treasury Of the
Dait-d States, aud shall be credited D. the fuAa
{ r paying nasal pensions.
ssc.2z Ind II Il f,srt,er eg .et-I. That the a &C.
ito ferrs empioye - 70 make sales q prize property
IA All IT, entitled 70 receive commissions By scala
to - established BY she Secretary d he Navy not
20 exceed, in any case, one bali Of one per ceutum
on any sum exceeding ten thousand dollars on
vessels nor one per contHm ou said sum Of other
Prize property. which SHALL BE- ia full for bis *
psnses we'll - their seryices; and 80 ease nc
sceh 80 shall be establish u they shall BE- en-
emitted 20 receive such compensation the
coaft shall deem just under the circumstance
of eacli ease.
see q And Be L firth. e.aefeI. That in aus
ease Of capture heretofore made. that
the navy, the Secretary Of the Navy,
may employ special counsel Tor capt-rs,
Nhsn ga bis Judgment the services sfsnch special
com y are needed IN the particular casc for ths
dua protection Of the interests Of tire eaptors aud
ofihs nav pension fund and un;Ier the direction
q tho Secretary 81 the Navy such counsel may 10
stftHte aud pros cute such proceedings in the case
may he necessary aud proper for the protection
4 such Interests The court may allow such conf
peus8ti1u a. II shall deem Just under the GRIMM
stances u each cass 70 special counsel for eapfOrs,
not beiag the district attorney any 81 his az
sistasta whether appointed By department Of
naraNfa ar FEaa 4ff
ally sndsred IN the cause, g. be paid costs,
IN wboi or In part either Tor the entire fund
from the portion awarded 70 ths captOrs bot no
such allowance shall BE- mad except for services
rendered matters a. 20 which the party the
counsel represents has adverse interest 20 the
United tstss, or an interest otherwise prcpsr Ia
the opinion 81 the court 20 BE- represented By spe
cs counsel, or for services rendered In cOntes-
tation hetws parties claiming TO Participate IN
the disirbutlsn ofihe pr cseds.
FEC. q. Ard b. 4 further snaeied, That f-es Of
special counsel in prize cases occurred o. author
tzed ~ any department. ~ The Gov rument, or
for the defen'e Of eaptofs againzt demands for
dama1es uads BY claimants In the district
court, rot paid ~ claimants. nor from the prize
fund ia the particular esasss and audited and al
lowed by the department iucurrng autheriz-
INK them, and by the solicitor u ahe Treasury.
shsli b. charge upon aud paid out Of the funds
appropriated for detfaying tue expen@as Of suits
"a which the United states . part Or inter
ss;ed.
See Is. And b. L further eaaetei Tbatlwhrnevsr
the court shall allow fees to any witFfess Ia prize
cause or lees lor taking evidence out % TIE dis
trict IN which the court sits, aud tlefe II
ney subject 70 its order Ia the cause the shall
b. paid by tho marshal, aud shall b. feIaid e. hin
from any money depg5itaa 81 the erier % the
cguft 10 said cause and ans amount n0t 80 t.
paid the marshal shall BE- % oued as witness fes
pad by him in CASES IN which the United States
g party
sgc. 81 Andte e .6aft~g cnar,ey 1hat uo ps3z,
property shsl De- delivered 10 the ei-t4ialifs uil
sfiPulajQus deposit, or other security. except
Nhatashefe has ben decrrr Of restitution sd
The eaptcrs have appealed iherrfrom, Ntar. ihe
court after iuii hearing 90 tbe pa Psrat prof.
hasFp fused - condemn the property thoss proof.
and has sivsn the capt0rs leave 90 take further
proofs, or Whgfs the claimant fans poop ~ shall
ratsiy Tire e0uet that She same has peculiar sut
tgtrinsir value 90 him, INDEPENDENT - iia market
valrs. ~ amy u these cases the eo1rt may dsils
I er DO property on stipulation or d-pasit 81 it
/ value, IL Il shall BE- satisfied fhat "a rights and
/ imtafests 81 the United States and eabtor.. oF c
other clainiAuts siil NOT r. pretudite4 thereby
satisfactory appraiselsaat being hrst maae. IS N
an opportunity given 90 ths district attorney sod
naval prize tounissioues o. 81 heard i ths alt
! palat nuot 81 apgrasers Aht suy money rp=s
tel IN iiss 81 stipulation. and ai usuHsy ceiie
/ - sIigualion, not heins eastt shd hn dePa.'
1 ito with the Atststtut 1rrasufsf ia the ssaIc
| maHnef "a pro-eets Of sale.
sec ~. Ind BE- e h,rfsrr ~s.4efef That uhen
I ever any captured vessel arm, muuitiau44 90
/ other material shall ~ taken for the 81 thi
Cover moot bef+fe if comes into the custody 81
prize court, 30 stsli te surveyed, aptrais.d an'
/ inEeutufied bY persona a. competent and imuar
| tial can bs obtained. and sine surYty. appraiss
mruf, and inventory shall De- sent 70 thn eenrt ir
/ which proceedings arc g. ho had and II taken al
| teTNafds, sufficient notice thal hrst IL gieea O.
| enable the court To have tie property HpUraia-i
for the protection Of the rights ct the claimant
| and esptors. In all casos uf prze property here
tof1fe takna for or Appropriated Go the az IA
| Gofernnent, or that shall hereafter De - taksr
| or apr spristsd, the department lor whose use
was % si,e b. aiken ~ lapEae1 sllai stiT 3
the United STATES uraFast 10 tbe place Of the e. =
sion Of the court, subj Get ths order Of ths cor
| la the cause.
Sec ~. Aad b. 0Jsriasr ssaef.d. That 10 ca.
Of any esptars heretofore made, that shall here
| after be made, H. hv reason Of ita condition o.
! because the whole has been appropriated 70 Ia
usa o. the Unite-l States no art u the capture,
| lFopefty nas Tee or eau be lent in ~
adjudication or IT The captured property 30 en-
tircly lost sF destroyed proceedings for adiad ca
! tton may b. commenced In any district the Sec
/ rttary OF the Nayy may designate And g. an,
| such ease the proceeds Of any thing sold or tn.
! value % any thing taken or appropriated Tor tn
| US OF the Government, shall ls deppsited viii
the Assistant Treasurer ia or nearest TO that dis
irct subject TO the order Of The csurt In the
~ Whsn no property can b. sent ia Tor adludica
| ton, the Secretary - the NapIshali not within
three months after any capture, designate dis
triet for the institution OF proeeedings The cap
tors may Institute proceedings for adjudication II
| any district. And IL, Ia any case Of capture. n,
proceedings for Adjudication shall be com menee,
| within reasonable tune. any parties claimin,
the captured property may, Ia any district court
| a. court OF prize, move for a mnntiuu to show
| cause Why s1ch proceedings shall not be com
menced, or institute az original suit ia such coar
| for restitution, aud the moniti0n Issued In e,ths
| case shall BE- rived on the attorney 81 the United
States for the district aud on the Secretary Of thu
| Navy, a. well "a on such other persons as III
| court shall order 10 be notified
sec %. AHd b. e farfAsr saacted, That, whei
| any vessel or other property shall have been car
Ia 70 he fstHs q
| shall De recaptured, and it shall appear to n,
court trat the same had not been con ismnsd a.
prize before iss rccapture, by any competent an
thortty, the court shall award A meet and Gonna
tent sum As salvage. according 10 the cireu
ces Of eaeh case aud IL the captured property -
onged 70 the United States il shall he restored 4,
the United States, and there shall Be paid from
| the Treasury Of the United States the salvage
| costs, aud expenses ordered by the court. and
| the Secaptured property belonged 70 persons re
| siding within or uoder the protection Of the Uni
ted states the court shall sGiudle the property Z,
De restored 70 its owners upon tn II claim, on th
| payment ofsuch sum as the court may award a
salvage, costs, and expenses and II the recapture,
| properly belonged 70 any person permanently resi-
| dent within the territory and under the protec
ten Of any foreign prince Government. or stat,
IN amity with thu United stAiei aud by the Ia,
or usage Of such prince. Gaycrnmsnf, or state, th,
/ property OF = citizen of the United States woul
be rrstor>d under like circumstances Of reeapturs
It shall be adjudged to be restored to such 0wnel
/ upon bis claim upon such terms as ty tho law o
I usSse OF sucn prince Government. or state Wouii
he required Of citizen 81 the United States undel
/ ike circumstances of recspture; and when no sue
law OF usage shall be known it shali lie adjudge
to be restored upon the payment Of such salvage
costs, aud expenses tho court shall order: Pc
ssded That nothing in this act shall be c9nstl ue
| 70 contrsyene auy treaty q the Unitea Sta e.
Aui tha wtoie amount awarded a. salvage shal
- dccrred 60 the cSptors aud no part to the Uni
led State, and shall be distribut as ia the a.
% proceeds Of property condemned As prfze
/ sec SO. lad De & ftsrfAsT eRacfeI That IL
shai appear % the court, Ia the ease Of any pris
property ordered 20 be SOLD Thar il viii b. for ~
interest Of all parties to have il sold ia anoils
district, the court may direct she MARSHAL /
transfer the same to ths district selected bv rs
court for the sale and 10 insure tha ,au,- wiz
proper orders as Co the tiu.e and manner of al
ing the same. Ans a. shall b. tha .srfv of ~
lusrslr,l 50 To transit the property and keen Am
sell the same ia alike manner IS 30 the p-ouert
~ese iu his owu district. snd he shall def.,~sr tt
gross proceeds Of the sale 9th tue assistant --s
surer nearest O. the plsse ct ssle, subisct ta sh
ORDER 81 Ih~ court % which thc afua -ariau there
on Is I-Hdiuki aui ths necessary eAf4.s-a attend.
20 "a insurtug, transferring receiyft z. ke~uin
ans sti aus the said property shall te a cAarg
terfeapoh aud upon she proceeds thereof. sal
heues+r AaN such expense Is paid alliance D.
tie MARSHAL, aud he snail nol b. repaid from f
pfoeeeds any amount not So repaid he shall be al
loved as IN c4se of expenses Incurred ia -u4rs 4
which the United States - par TIE se.-rs
'ary 81 the Navy may, ia liSs manner, either hv
general regulation or special direction ia an
cAoFe, reqRiTea marshal 10 transfer anv urfz
property from the district in which the igdfeis
proSvediags are PsndinS 20 any ether district 10
sale, and the same PROCEEDINGS shall La h,1 ~