Charles City intelligencer. [volume] (Charles City, Floyd County, Iowa) 1864-1866, 1864-12-22
NUMBER 81.

authority to draw, receipt for, or transfer the
same shall be void, unless the same be attes-
ted BY the captain. or other commanding ON
Ger, and the .paymaster; and In case Of any
assignment Of wages, the nfne shalt specify
the precise time when they commence. But
the commanding officer of every vessel is re-
qnired to discourage his crew from selling any
part of their prize money or wages, and never
to attest any power Of attorney until he is sat.
isfcd that the same is not granted In consid-
eratior of money given for the puEehass u
prize money or wages.
Sec. Is. And be 10 further enacted, Thas
appeals from the district courtsvf the United
States in prize causes shall be directly to tho
Supreme Court, and shall be made within
thirty days Of the rendering of the decree ap.
pealed from, unless the court shall previously
have extended the time orcause shown In the
particular case, and the Supreme court sAssll
always be open for the entry Of such appeals.
Such appeals may he claimed whenever the
amount In controversy exceeds two thousand
dollars, and in other cases on the certificate Of
the district judge that the adjudication invol-
YES question Of general Importance. Not
withstanding such appeal. the district couas ;
may make and execute all necessary orders fcr
the custody and disposal of the prize property /;
and in case Of appeal from decree of cendem-
nation, may stiu proceed 10 make decree Of
distribution no Asr a. to determine what share
OF the prize shall go to the captors, and what
vessels are entitled to participate therein. Any
prize cause now pending in any circuit court
shall, on the application of all parties in inter-
est who have appeared in the cause, be trans
| ferred by that court to the Supreme Court !;
and such transfer may be made, in the discrc-
tion of the court, and on such terms a. it may
direct, on the application of any party: Pro-
! rsded, That If the amount in controversy doss
not exceed two thousand dollars, such trans
| kr shall not be made unless tie ecnst shall
certify that the adJnlicasion involves CUES
tion Of general Importance All appeals to
She Supreme Court from the circuit court i'm
prise causes now remaining therein shall DO
claimed and allowed in the same manner ~ In
cases of appeal from the district court 10 the
Supreme Court. In any case Of appeal or
transfer the court below, or the appellate court,
| may order any original document or other evil
dence to be sent up, in addition TO the sypy Of
the record, or in lieu Of copy Of part there
Of
Sec. IA. And be IL further enacted, That
all costs and all expenses iuciieus 10 The bring
ing in, custody. preservation, insurance, sale,
or other disposal Of prize property, when al
lowed By the court. shall be charge upon the
same, and be paid therefrom. unless the court
shall decree restitution free from such charge
No payment shall be made from any prize
fund, except upon the order Of the court All
charges for work and labor. materials furnish
Ell, or money paid, shall be supported BY affi-
davit or vouchers. The court may nj any
time order the payment. FROM the depsis
made with the Assistant Treasurer In the cause,
of any costs or charges accrued aud 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 fiual decree shall
be fof restitution, or in case there shall he no
money subject to the order Of the court in tho
cause. any costs or charges allowed by the
court. and not paid by the claimants, shall b
delaying the expenses Of suits in which the
United States is q purity or interested.
| Sec. Is. And be it 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. Is. And be il further enacted, That
the net amount decreed for distribution 10 the
United States or to vessels of the navy shall
be ordered by the court to be paid into tho
| Treasury Of the United States, ~ be distribu-
| ted according ~ the decree of the cuurt And
the Treasury Department shall credit the Ma.
w Department with each amount received 70
be distributed to vessels of the navy and tho
persons entitled to share therein shall be sew.
orally credited in their accounts with the Ma.
Wy Department with the amounts to which
they are respectively entitled. In case of ves-
sels not Of the navy, the distribution shall bo
made 10y the court to the several parties entS-
tied thereto. and the amount decreed to them
shall he divided between the owners aud the
ships company, according to any written
agreement between them, and in the absence
of such agreement, one-haf to the owners
and one half to the ships company. acsSrd-
ing to their respective rates Of pay on hoard !:
and the court may appoint a com missioner ID
make such distribution. subject to the control
of the court, who shall make due return of
his doings, with proof Of actual paymcnts bv
him, and who shall receive no other compcnss.
ton, directly or indirectly, than such a. shall
be allowed him by the court: Provided, That
In case Of vessels not Of the navy, but con-
trolied by any Department Of the Govern.
ment, the whole amount deCreed to the caD.
tors shall be divided among the ships compa.
my.
Sec. II. And he it further enacted, That
the clerk Of each district court shall render 70
the Secretary Of the Treasury and the Secre-
tary Of the Navy a semi mi.ann,usl statement. be-
ginning with the first day Of July next. of all
the sums allowed by the court and ordered to
he paid, within the previous half year, ~ the
district attorney and prize commissioners for
services, and to marshals for fees and commis.
sions and he shall. in all prixe causes in the
district, for the purpose Of the final decree vi
distribution, ascertain and keep an account oi
the amount deposited with the Assistant Trca.
surer subject to the order of the court In each
prize cause, and the amounts ordered to be
paid therefrom as Costs and charges and the
residue for distribution and shall send copies
OF all inai DEGREES Of distribution h the Scc-
retary of the Treasury and the Secretary ot
the Navy; and shall draw the orders Of the
curt for the payment of all costs and allow
ances, and for the distribution Of the residue
And for the said services he shall be entitled
to receive the sum of twenty-five dollars iu
each prize cause, which shall be In full for the
services required by this section.
Sec. l6. And be it further enacted, Tha,
the marshal shall be allowed his actual and
necessary expenses, for the custody, care, pre-.
serSatiOn, insurance, sale, or other disposal oi
the prize property. and for executing any or
der Of the court respecting the same, and shal
have commission of one-Quarter Of one Del
centum on vessels, and Of one.hslf Of one pei
centum on all other prize property calculated
on the gross proceeds of each sale and II. If
ter he shall have had any prize property In hi,
custody, and shall have actually performed La
bor and incurred responsibility for the car,
and preservation thereof, the same shall be T.
ken by the United States for it's own use with
out sale, or ii it shall be delivered on stipu
lation to the claimants he shall. in case the
same shall be condemned, be entitled To one.
half the above commissions on the amount
deposited by the United States to the order o,
the courts, or collected upon the stipulation
No charges of the marshal for expenses or dis
bursements shall be allowed, except upon hi
oath that the same have been actually and NO
cessarily incurred for the purpose stated.
Sec. 10. And be il further enacted. Tha
neither the marshal nor the clerk shall be pcr
mittcd to retain for all official services, Of ey.
cry kind, excepting those in prize causes, more
than the maximum compensation allowed e
be retained by him by the third section Of ths
act of the twenty-s sixth Of February. eighteen
hundred and ffty-three. nor shall tho add
tional compensation which either of said OH,
GERS shall be permitted to retain for all servi.
ces. Of every kind. in prize causes, exceed one.
half the maximum compensation allowed "a
them, respectively, by the aforesaid act.
Sec. 20. And be 1t further enacted. THAI
the district attorney and prize commissioner
} except the naval officer, shall be allowed jus
} and suitable compensation for their respective
services in each prize cause. to be adjusted anc
determ by the court and to be paid Is cost
in the cause
, Sec. 81. And he it further enacted, Tha