Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1864-11-19

LII ly, 1904.
See II A.dks f~sk~ ~.:;.s, n.s e
aseasesesss eoVaeyed - aaks aas e psiss
Prspssty shsll be satticd % rsrrivs es9nss-
isS by srs,s - b e.ashkAsd y ~ Sezs-
essy of ths Navy. sst - exceed, n ~ ese,
ooe half a ono peS cratsn On any sum exceed
ing ten thoasand dollars On vesssaA ssr enc
pr ccntsa On mid sum e eshes vim psspss.
~, which shall be in isil fus his expeases, a.
wcIl Is their services; and u case no such scale
shall be established, shey sAaii 10 entitled 10
seecive ssch ec@pensstioa ~ The cesFt sluall
deem just under the eircumstances q the case.
Sec. %. Asd be IL fsrfkes ssaefsi, That in
any case Of capture heretofore made, o. that
may hesesiles Be made BY vessels Of The navy,
ies Secretary Of The Navy may e.pIoy special
ebunssl 'or eaPtors, when, 10 his Judgment the
services Of such special counsel are needed IN
the particular case, for the due protection Of
the interests Of the captors and Of the navy.
pension fund and under the direction Of the
Secretary Of the Navy such counsel may insti-
tute and prosecute such proceedings in 4 case
rs may be necessary and proper for the protec.
ton Of such interests. The court may allow
such compensation As It shall deem Just under
the circumstances Of each case to special coun.
sci for captors, not being the district attorney
or any Of bis assistants, whether appointed by
department Of the government or by the cap.
tors, for services actually rendered in tho
cause, to be paid as costs, in whole or in part
either from the entire fund or from the portion
awarded to the captors; but no such allowance
shall be made except for services rendered on
matters as to which the party the counsel rep
rescnts has an adverse interest to the United
Strtcs, or an interest otherwise proper in the
opinion Of the court to be represented by
special counsel, or for services rendered in q
contestaton between parties claiming to partic.
ipatc in the distribution Of tho proceeds.
Sec. "a. And 6s 1t further enacted, That
fees Of special counsel in prize cases incurred
or authorized by any department Of tho gov.
crnment, or for the defence Of captors against
demands for damages made by claimants in the
district court, not paid by claimants, nor from
tho prize fund in the particular cause, and
audited and allowed by the department incur.
ring or authorizing them, and by the solicitor
Of the treasury, shall be charge, upon and
paid out Of, the funds appropriated for defray.
ing the expenses Of suits in which the United
States is party or interested.
Sec. 25. And be IL further enacted, That
whenever the court shall allow fees to any wit.
ness in prize cause, or fees for taking cvi.
dencc out Of tho district in which the court sits,
and there is no money sabject to its order in
the cause, the same shall be paid by the mar
shal, and shall be repaid to him from any
money deposited to the order o: the court in
said cause; and any amount not so repaid the
marshal shall be allowed as witness fees paid
by him in cases in which the United States is
party.
Sec. 20. And be itfurther enacted, That no
prize property shall be delivered to the claim.
ants on stipulation, deposit, or other security,
except where there has been decree Of rcsti-
tuition and tho captors have appealed there
from, or where tho court, after full hearing
on the preparatory proofs, has refused to con-
demn the property on those proofs, and has
given the captors leave to take further proofs,
or where tho claimant Of any property shall
satisfy tho court that the same has peculiar
and intrinsic value to him, independent Of it's
market value. In any Of these cases, the
court may deliver the property on stipulation
or deposit Of its value, il it shall be satisfied
that tho rights and interests Of the United
States and captors, or Of other claimants, will
not be prcjudiced thereby, . satisfactory ap-
praiscmcnt being first made, with an opportu.
nifty given to the district attorney and naval
prize commissioner to be heard as to the ap-
pointmcnt Of appraisers. And any money de-
posted in lieu Of stipulation, and all money
collected on stipulation, not being costs, shall
be deposited with tho assistant treasurer 10 the
sa,nc manner as proceeds Of sale.
Sec. ~. And be it further enacted, That
whenever any captured vessel, arms, munitions,
or other material shall be taken for the use Of
the government before it comes into the custo.
dy Of prize court, it shall bc surveyed, ap.
praised, and invcntoried by persons Is compc-
tent and impartial as can DO obtained, and the
survey, appraisewcnt, and inventory shall be
sent to tho court in which proceedings are to
had; and IL taken afterwards, sufficient notice
shall first be given to enable the c0uxt to have
tho property appraised for the protection Of
tho rights OF the claimants and captora in
oil cases Of prize property heretofore taken for,
Or appropriated. to the use Of tho government
or that shall hereafter DO % taken o. appro-
priatcd, the department for whose use it was
Or shall 10 taken o. appropriated. shall deposit
the value thereof With The assistant treasurer
Of she United States nearssa 70 ghe place of the
session oi the court, subject 70 the order q ths
court in the cause.
See. %. And be IL fsnkev sssosd, That in
cas- Il any capture heress(sss osde. - that
shall hereafter be nsds, Il y seasea q itsesa-
dition, o. bccousc the whole hes beea sPrso-
psistsd 10 the use q The United States. - Psst
o. oe 0psoV0 pVy - - -
sent h kr adjudieaaioa, o. Z the e.penred
property be entirely Iuss - destroyed. psseeed-
isss fr sdjsdic.siss ny - esn6essss - ssy
district ths SECRETARY = ~ Nary 10y dssig-
nate Ard in any sd 60 The lsseeeds Il
anythisE ss,d. - he vs,ss q snyshisg tak0
a. spsssp~.asi sar shs - Il ~ sssssasae.
sAali be dsv~isrd w4A IL ssisesae tsssr
- - ssssvss - skss dsAira ssAlsrt - ~ -
d<s ss the esuss IN ~ es.a II wkss -
psspessy esa BE- srss - - sd5sdrstasa. -
Sser~ssry Il IL xssy - ~, sahse sAsvs
e~.Gss sars ssy aes~s- d.sEuaas dsarrs
usy iassis.se p&sr-<&i~C ~ s@5sSuaiss y
eng ds~srs~a- Asd Z u cay 60 = e1gaws.
~ vsssssS<r ~ sS~S<.aiss s&aa - esS-
n<ncxi sithss Q rrsssaakas t1e. sny Fsrs<s
es.ssssss sAs sPe.sd vrsP~sy osy. - sey
d~srws ceuws. ~ . euurs q psnr. 0sss -
ws~isssa - sAss csss shy n-A pssrssAa-p