The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1864-11-23
lOF'FICIAL.l
LAWS OF THE UNITED STATES.
Passed at the First Session OF the Thirty
Eighth Congress.
rPrriIc-No. I4g

eldced by fAe Senate and Hossss Of hepreseRicttcs
Of the Uniisf States Of 4ps>Icd N Coress attended
hat Il shall be Tie duty u the commanding 0neer
OF any vessel or vessels making capture 70 secure
the documents u the ship and cargo, including the
log book with al other documents, letters and
other papers found board and make al IN
ventOrY Of the sane and seal them up and
send Them, with tie inventory, 10 tie court II
which proceedings are ~ be had, with a written
statement that they are a the papers found ane II
the condition in which they were found or explaining
the absence Of any documents or papers, or an
change IN their condition. DE shall send 10 said
court as witnesses, the master one or more Of the
officers the supercArgo purser or agent OF ne
prize and any person found on board whom be may
suppose to Oe interested IN % have knowledge re-
spectng the title, national character or destination
of the prize. lie shall send the prize, with the
documents, papers and witnesses unoer charge
OF competent prize master and prize crew
into port for adjudication, explaining the ao-
ssnce of any usual Witnesses and Ia Tie ab-
sence of instructions from superior authority as TO
the port u which shall be sent he shall select such
port as he shall deem most convenient II view VI the
interests Of probable Claimants well as " the cap
tors II he captured vessel any part of the cap
tured property IS not IN condition 10 De sent ia Tor
Adjudication a survey shall be had thereon, and
appra semcnt made by persons a. competent and IN
martial as can be obtained and their reports shall be
sent t. the court 10 which proceedings are 10 De had
and such perry unless appropriated Tor the Use o
tho Government shall be sold by the authority of The
commanding officer present and the proceeds depoa-
tied I'll the assistant treasurer u the United states
81 accessible 10 ,Al court anu suuJtt 70 ia7 oiuei
ssc p and b. Il further enocted That any vessel
f the United States shall claim o. share IN the prize
either ~ having lie the capture or as having been
within signal dlstauco Of the vessel vessels making
btauture the commanding Officer of such vessel shall
make out written statement Of hs olAni ~ith the
grounds which II isrested, the fincllal aels Ten J.
ug % show what vessels made III capture ana what
vcse sycrs within signal distance ci those ihak ing tie
capture with rcasOnabe particularly IS 10 times dis
tauees lOcAlli,s, and gnas made seen Or answered
aud such statement oi claim shall be signed ~ bn
AL sent thr court ia Which proceedings snail oe
. had ami shall be- ncd IN the cause
SEC 4ndbe Il further eHdcted, That Il shall be the
duty Of the prize master 10 make his way dilsenty
10 the selected port, and there Immediately deliver
TO a prize commissioner the documents ami papers
and the inventory thereof ana make aTfcAvh that
they are the same and In the sams condition as de-
delivered him, explaining any absence or change
O. condition therein and that the prize property Is in
the same CONDITION deliSered 70 him. explaining
any loss or damage thereto and he shall further re-
port 10 the attorney, and give 30 him all the
information his possession respecting the prize and
her capture, and he shall deliver over the persons
sent as witnesses TO the custody Of the marshal and
shall retain the prize IN his custody Uhti IL sAil pc
taken therefrom by process from the prize court
Sec 4nd Be tt further eidctei, That the attorney
Of tue United for the district shall mmed late
file a libel against such prize property, and shai
forthwith obiain warrant from The court directing
the marshal to take i into his custody, and shat
proceed diligently 10 obtain Il condemnation and dis
tributiou thereof and To that end shall that tht
proper preparatory evidence IS taken by the priKs
commissioners, and that the prize commissioners al
50 take the depOsOns de bene OF the prize crew
and other transient persons cogaiZant Of any facts
bearing condemnation or distrlbuti0n- II sllal
also be the duty Of the district attorney TO represent
the interests Of the United states IN all prize causes
and be shall not act separate counsel for ths cap
tors on any private retainer or compensation from
them unless a question between the caimant
and the captOrs on demand FOR damages The dis
trict attorney shall examine all fees, costs and ex
penses sought 20 DO charged the prize fund, ant
sl, ir,fa =Offh he ~
states The district attorneys OF all districts II
which any prize causes OF may be pending shall
as often in three months send to the Secre
tary OF the Navy statement OF the condition OF al
urize causes pending their districts in such form
and embracing such particulars as the Secretary
the Navy shall require.
) sec s. And Be Il further enacted That any distrc
court may appoint prize commissions, not exceeding
ngPseF ef yhcRH H one shall 9e a retired aJ d. n9
nav IN the navy and compensation man nj
ef The captors and Of the Department Of the Navy
. the prize property, and at least enc OF the other
shall be member OF the bar Of the court u not les
than three years standing, acquainted with the TAX
ing Of dePOsit!ons-
Sec And be Il further enacted That the prize CON
InissiOners or one of them shall receive from til
prize master the documents and papers and inven
tory thereof and shall take the affidavit Of the prZ
master hereinbefore required, and shall forthwith
take the testimony Of the witnesses sent IL separat
from each other interrogatores prescribed by IN
court IN the manner usual in prize courts and tn
tories documents or papers, or tOcOnsu with coun
sci, with any persons interested without specls
e authority from the court; and ths witnesses VII
have the rights Of neutrals shall be discharged a
3 soon as practicable. The prize commissioners sha
also take depositOus de bsne oi the prize cre'
and others al the request Of the district attorney
on nterogatories prescribed by the court They sha
also S0On as any prize property comes within IN
II district for dudicaion, examine the same and max
an invantory thereof, founded on an actual examni
J. tiOn and report 10 the court whether any part Of
c is IN a condition requiring mmsdate sale FOR the II
tsrest Of al parties and notify ths district sttorne
e thereof and n il be necessary TO the examination
II makingof the the cargo be unladen the
shall apply the court for order TO the marshal
II unade the same and shall from time to time report
the court anything relating TO the condition Of Il
property, or its custody, or disposal, which ma
require any action by the court, but the custody
Il the property shall be only IN the marshal. The
shall also seasonably return into court, sealed
from inspection the documents and paper
IS which shall come into their hands, duly schedule
e and numbered, and the other preparatory evidenc
IA and the evidence taken de bene esss, and their
inventory Of the prize property and il the capture
vessel any Of its cargo or stores are such that
II their judgment may be useful 10 the government
war, they shall report the same 70 the Secretary
d the Navy.
Sec : And b Il further eHGcted, That The marsh
shall safely keep all prize property under warrR
10 from the court and shall report 10 the court any
20 or other property that he thinks requires to
unlalen and stored, or 10 be sold. He shall insu
prize property IT, in his judgment III is for the nters
Of all concerned. He shall keep In his custody
:. persons found on board prize and sent in wi
nesses until they are released by the prize COMM
sioneIs the court II sale Of property is ordere
he shall sell the same in the manner required By q
court and collect The purchase money, and forthwi
"a deposit the gross proceeds OF the sales with the
. sistant treasurer the United States nearest Il
- place Of sale subject ~ the order Of the court In
particular cause; and each marshal shall forward
the SecrataTy Of the Navy, whenever and often
he may require il, full statement Of the eOrdits
Of each prize and Of the disposition made thereof.
= Sec. s. Aud bs It fETtheT enacted, That whenev
any prize property shall be condemned or shall
N any stage OF the proceedings be found by the cOu
10 be pershing perishable OF liable to det0rOrate
IN depreciate. or Whenever the costs of keeping q
he same shall be dspTOp0rtiOnste 10 its value shi
e be the duty OF the court 10 order sale thereof
whenever after the return tay on the libel, all Il
parties in Interest who have appeared in the eau
shall agree thereto, the court Is authorized TO maj
such order and appeal shall operate to preve
b, the making OF execution u such order. The Seer
* retarv Of Ihe Navy shall employ an auctioneer
auctiouneers of known skill in the branch OF bui
ness 70 which any sale pertains, 10 make the sal
but the sale shall be conducted under the SUPERVISE
- OF the MARSHAL and the collecting and deposting
&c the gross proceeds shall be by the auctoneer or
agent Before any sale the marshal shall cause Z,
catalogues and schedules 10 be prepared and creu
r ted and 4 copy of each shall be returned BY q
'e marshal to the court in each cause The marsh
a. shall cause all sales 10 be advertised fully and CO
spicuously in newspapers ordered by the court a
BY posters, and hs shall at least Eve days before q
missioner, and the goods shall be open TO inspecii
90 st least three days before the sale.
Sec 3. And Be It JET1ker enacted That in case
=. decree Of condemnation shall be rendered the cau
shall consider the claims Of all vessels TO paTticipa
o ., II the Pr0ce-1s and for that purpose shall, 81
1u early stage Of the cause possible order ties
= moDy to be taken tending 10 show what part shou
a be awarded 10 the eaptors, and what vessels are
az titled tc share and such testinoney may be sw0
y TO before any judge or commissioner Of the couT
He OF the United states, consul or commercial agent
u the United states, CT notary public, any officer
the navy highest IL rank. reasonably acceSsibl 10
tc7onent The court shall make decree os dist
button. determining what vessels are entitled
share IN the prize and whether the prize was Of
"a perior, equa inferior force 10 the vessel yess
making the capture. And said decree shall rec
cn the amount Of the gross proceeds Of the prize
nd ject 20 the order Of the court and the amount
ca Quoted the-ctrom for costs sad expenses and I
n amount remaining FOR dislribution. anc whsth
the whole Of such residue IS 10 20 70 the cap,ors
one hall 4 The caFtc-s, and one half 10 the Unit
States
SC. 10. And be "a further enacted That the ust oi
ceecs Of al property condemned as pixie shall Y b
the prize Was Of superior equal force to TIE Y,
SCI or vessels making the capture Be decreet 10 I
90 cAptOrs and ~hea Of inferior force one haf shau
90 decTeed u the UDited states ani the other hslf
the esptOrs. Pr0rided, ThAt, IN case Of private.