, 1864-11-07

That the adjudication involves q question o
general importance All appeals to tn
supreme court from the circuit court in priz'
causes, nos remaining therein, shall be claimed
and allowed in the same manner as in cases o
appeal from the district court to the supreme
court In any case Of appeal or transfer th'
court below, or the appellate court may order
any original document or other evidence to bt
Sent up, in addition to the copy Of the record
or In lieu Of copy OF part thereof.
Sec. IA. And be IL further enacted, That al
costs and all expenses incident to the bringing
in, custody, preservation, insurance, sale, OF
other disposal Of prize property, when allowed
by the court, shall be charge upon the same,
q d be paid therefrou, unless the court shall
decree restitution free from such charge. No
payments shall be made from any prize lund
except upon the order Of the court. All
charges for work and labor, materials furnish.
ed, or money paid, shall be supported by ali.
davit or vouchers. The court may, at any
time, order the payment, from the deposit
made with the assistant treasurer in the cause,
Of any costs or charges accrued and allowed.
When the cause is finally disposed Of, the court
shall make its order or orders on the assistant
treasurer to pay the costs and charges allowed
and unpaid and in case the final decree shall
be for restitution, or in case there shall be no
money subject to the order Of the court in the
cause, any costs or charges allowed by the
court, and not paid by the claimants, shall be
charge upon, and be paid out Of the fund for
deiraying the expenses Of suits in which the
United States is party or interested
Sec. Is. And be ii further enacted, That the
court may require any party, at any stage Of
the cause, and on claiming an appeal, to give
security for costs.
Sec. 10. And be ii. further enacted, That the
net amount decreed for distribution to the Uni.
ted States, or to vessels Of the navy, shall be
ordered by the court to be paid into the treas.
ury Of the United States, to be distributed &C
cording to tho decree Of the court An the
Treasury Department shall credit the Navy
Department with each amount received to be
distributed to vessels Of the navy; and the
persons entitled to share therein shall be sew.
orally credited in their accounts with the Navy
Department with the amounts TO which they
are respectively entitled. In case Of vessels
not Of the navy, the distribution shall be made
Ov the court to the several parties entitled
thereto. and the amounts decreed to them shall
be divided between the owners and the ships
company, according to any written agreement
between them, and in the absence Of such
ek'SS"SuNI uUC HoH " tuG VWHcTS uuu VilC
half to the ships company, according to their
court may appoint a commissioner to make
such distribution, subject 10 the control Of the
court, who shall make due return Of his doings,
with proof Of actual payments by hun, and
who shall receive no other compensation, di
rectly or indirectly, than such as shall be al.
lowed him bV the court: Provided, That In
case Of vessels not Of the navy, but controlled
by any department Of the government, the
whole amount decreed to the captors shall be
divided among the ships company.
SIC. II. And be il further enacted, That the
clerk Of each district court shall render to the
Of the Treasury and the Secretary
Of the Navy scmi.annual statement, begin
ming with the first day Of July next, Of all the
sums allowed by the court and ordered to BE-
paid, within the previous half year, to the dis.
trict attorney and prize commissioners for ser.
vices, and to iDarshals for fees and commissions;
and he shall, In oil prize causes In the district,
Tor the purpose Of the final decree Of dstribu. |
ton, ascertain and keep IN account Of the |
amount deposited with the assistant treasurer, |
subject to the order OF the court, in prize cause,
Md the smcunt ordered to be paid th refrom |
IS costs and charges, and the residue for dis |
Irlbution; and shall send copies OF all final |
lccreeS or distribution to the Secretary Of the |
Treasury and the Secretary Of the Navy aud |
shall draw the orders Of the court for the pay |
nent Of all costs and allowances, and for the |
distribution Of the residue. And for the said |
services be shall he entitled to receive the sum
II twcnty.i dollars in each prize cause,
which shall be in full for the services required
'y this section.
Sec. 1e. And be IT, further enacted, That the |
MARSHAL shall DO allowed his actual and neces. |
'ary expenses, for the custody, care, preserva-
lon, insurance, sale, or other disposal Of the |
prize property, and for executing any order Of
ne court respecting the same, and shall have |
commission OF one quarter Of one per cen. |
um on vessels, and Of one half of one per cen.
um on all other prize property, calculated on |
he gross proceeds Of each sale: and II, after |
ie shall have bad any prize property in his Gus
ody, and shall have actually performed labor |
md incurred responsibility for the care and |
thereof, the same shall be taken |
~ the United States for its own use without q |
'alc, or Il It shall be delivered on stipulation to
he claimants. he shall, In case the same shall |
Dc condemned, be entitled to one. half the above |
commissions on the amount deposited BY the |
United States TO the order Of the courts, or |
collected upon the stipulation. No charges Of
he marshal for expenses or disbursements |
hall be allowed, except upon bis oath that the
'aIne have been actually and necessarily incur.
ed for the purpose stated.
Sec. 10. And b it further enacted, That
,either tho marshal nor the clerk shall be per-
nitted to retain for oil official services, Of every
.ind, excepting those in prize causes, more
han the maximum compensation allowed To be
'etained by him by the third section Of the act
Il the twcnty.sixth of February, eighteen
hundred and City y.threc, nor shall the addi.
ional compensation which either Of said off,
'ers shall be permitted 10 retain for oil services,
II every kind, in prize causes, exceed one.half
he maximum compensation allowed to them,
by tho aforesaid act.
Sec. 90. And BE- it further enacted, That the
district attorney and prize commissioners, ex.
;ept the naval officer, shall be allowed u just
md suitable compensation for thei respective
'ervices in each prize cause, to be adjusted and
determined by the court, and to be paid o.
,osts,i the cause.
Sec. 81. And 6e ittiIrther enacted, That each
district attorney and prize commissioner, ex.
'ept the naval officer, shall render to the Sec.
'etary Of the Interior On annual account, be.
,inning with the first day Of July next, Of all
'ums be shall have received for oil services Ia
,rizo causes within the previous year; and the
district attorney shall be allowed TO retain
herefrom q sum not exceeding three thousand
lollars for each year, in addition to the maxi.
mum compensation allowed 10 be retained BY
lin by the third section of the act Of the
- ntv.e;v vth EahrunRv a;s,hfoon h,,oJ..d and