Charles City intelligencer., 1864-12-22

each district attorney and prize commissioner,
except the naval officer, shall render to the
Secretary of the Interior an annual account,
beginning with the first day of July next, Of.
ali sums he shall have received for all servi-
ces in the prize causes within the previous
year and the district attorney shall be allow
ed to retain therefrom q sum not exceeding
three Thousand dollars for each year, in addi-
tion to the maximum compensation allowed
10 I've retained by him by the third section of
the act of the twenty-sixth February, eighteen
hundred and fifty.three. or in addition TO any
salary he may receive in lieu of such maximum
compensations and each such prize commits
sioner shall be allowed to retain a sum not ex
ceeding three thousand dollars for each year,
which shall be in full for all his official servi-
ces in prize causes; and anv excess over those
respective amounts shall be paid by the officer
receiving the same into the Treasury of the
United States, and shall be credited to the
fund for paying naval pensions.
Sec %. And be ii further enacted, That
the auctioneers employed to make sales of
prize property shall be entitled to receive COM
missions by scale to be established by the
Secretary Of the Navy, not to exceed, in any
case, one half of one per centum on any sum
exceeding ten thousand dollars on vessels, nor
one per centum on said sum of other prize
property, which shall be in full for his expen-
ses as well as their services and in case no
such scale shall be established, they shall he
entitled to receive such compensation as the
court shall deem just under the circumstances
of each case.
Sec. %. And be it further enacted, That
I'm any case of capture heretofore made, or
that may hereafter be made by vessels of the
navy, the Secretary of the Navy may employ
special counsel for eaptors, when, in his judg.
ment the services of such special counsel are
needed in the particular case, for the due pro-
lection of the interests of the captors and of
the navy pension fund and under the direc-
tion of the Secretary of the Navy such coun.
sci may institute and prosecute such proceed
ings in the case as may be necessary and prop
er for the protection of such interests. The
court may allow such compensation as it shall
deem just under the circumstances of each
case to special counsel for captors, not being
the district attorney or any of his assistants,
whether appointed by department of the
Government or by the captors, for services act
ualy rendered in the cause, to be paid as costs,
in whole or in part either from the entire fund
or from the portion awarded to the captors
hut no such allowance shall be made except
for services rendered on matters as to which
the party the counsel represents has an ad-
terest otherwise proper i'm the opinion of the
court to be represented by special counsel, or
for services rendered in contestation between
parties claiming to participate in the distribu-
tion of the proceeds.
Sec. "a. And be it further enacted, That
fees of special counsel in prize cases incurred
or authorized by any department of the Gov
ernment, or for the defence Of captors against
demands for damage made by claimants in the
district court, not paid by claimants, nor
from the prize fund in the particular cause,
and audited and allowed by the department
incurring or authorizing them, and by the So
licitor of the Treasury, shall be a charge upon
and paid out of the funds appropriated for de-
fraying the expenees of suits in which the Uni
ted States is party or interested.
Sec. %. And be it further enacted, That
whenever the court shall allow fees to any wit
ness i'm prize cause or fees for taking evil
dence out of the district in which the court
sits, and there is no money subject to its or
der i'm the cause, the same shall be paid by the
marshal. and shall be repaid to him from any
money deposited 10 tho order OF the court In
said cause and any amount not 80 repaid the
marsha, shall be allowed as witness fees paid
by him in cases in which the United States is
party.
Sec. 26. And be it further enacted, That
no prize property shall be delivered to the
claimants ON stipulation, deposit, or other Sc
curity, except where there has been decree
Of restitution and the captors have appealed
therefrom, or where the court after full hear.
ing on the preparatory proofs has refused to
condemn the property on those proofs, and
has given the captors leave to take further
proofs, or where the claimant of any property
shall satisfy the court that the same has pc
culiar and intrinsic value to him, independent
Of its market value. In any Of these cases
the court may deliver the property on stipula-
tion or deposit of its value, if il shall be salts
fled that the rights and interests of the Uni
ted States and captors, or of other claimants,
appraisement being first made, with an oppor-
tunity given to the district attorney and ma
val prize commissioner to be heard as to the
appointment OF appraisers. And any money
deposited in lieu of stipulation, and all mon
~ collected on stipulation, not being costs,
shall be deposited with the Assistant Treasur-
or in the same manner as proceeds of a sale.
Sec. %. And be il further enacted, That
whenever any captured vessel, arms, muni-
tions, or other material shall be taken for the
sise of the Government before il comes into
the custody of prize court. it shall be survey
ed, appraised, and inventoried by persons as
competent and impartial as can be obtained,
and the survey, appraisement, and inventory
are to be had and if taken afterwards. suffi-
cient notice shall first be given to enable the
court to have the property appraised for the
protection of the rights of the claimants and
captors. In all cases of prize property hereto
fore taken for or appropriated to the use OF the
Government. or that shall hereafter be 50 ta-
ken or appropriated. the department for whose
nse il was or shall be taken or appropriated
shall deposit the value thereof with the Assis-
tant Treasurer of the United States nearest to
the place of the session of the court, subject
10 the order of the court In the cause.
Sec. %. And be it further enacted, That
in case of any capture heretofore made, or
that may hereafter be made, if, by reason OF
its condition, or because the whole has been
appropriated to the use of the United States
no part of the captured property has been or
can be sent in for adjudication, or if the cap
tured property be entirely lost or destroyed
proceedings for adjudication may he commenc-
cd in any district the Secretary of the Navy
may designate. And i'm any such case the pro-
ceeds of any thing sold or the value OF any
thing taken or appropriated for the use of the
Government, shall be deposited with the As
sistant Treasurer in or nearest to that district,
subject to the order of the court in the cause.
Ii, when no property can be sent in for adjudi-
cation, the Secretary Of the Navy shall not,
within three months after any capture, desig-
nate district for the institution of proceed
ings. the captors may institute proceedings
for adjudication In any district. And if in
any case Of capture. no proceedings for adjudi-
cation shall be commenced within reasona-
BILE time, any parties claiming the captured
property may, in any district court as court
of prize, move for a monition to show cause
why such proceedings shall not be commenced,
or institute an original suit i'm such court for
restitution. and the monition issued in either
case shall be served ON the attorney of the
United States for the district, and on the Sec
retary of the Navy, rs well as on such other
persons as the court shall order to be notified.
Sec. 30. And be ii further enacted. That
when any vessel or other property shall have
been captured by any force hostile to the Uni
fed States and shall be recaptured, and 1t shall
appear to the court that the same had not
been condemned as prize before its rccapture,
J., any competent authority, the court shall
award a meet aud competent sum rs salvage, !
according to the circumstances of each case
and If the captured property belonged to the
United States II shall pe restored to the Uni |
ted States, and there shall be paid from the |
Treasury Of the United States the salvage,
costs, and expenses ordered by the court and
ii the recaptured property belonged to persons
residing within or under the protection of the
United States the court shall adjudge the prop