The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1864-11-23

day q July ue1i u al suns he sia have received
for a. service j. lie pr.ze cals.s 1I tie Grevi
Gus year and the district attorney shah he Showed
10 retain tAereifoIn. sum not ,Ning tir ee tioJ-
sand dollars for each year, "a a4iiion % the maxi
mum clmpeis alton allow rt o. be retained by Inn
by the third section q tie act - 'he twenty Afh
February. eighteen hundred anl 1y i1r-c 0- in ale
dition 20 any salary hs may receive leG of such
maximum compensation, and each such pre- rom
missioner shall be allowed 10 retain sun Lot x
ceeling three thousand dollars fnr each i-r llcL
shall be IL f-l for all bis official services n pr 2
causes aui any excess over those Pes actls uts
shall be paid by the oflcer recels ~ te same mt
the Treasury Oi lie JLited states. an sl 0e cred
itec 70 tae icnl ior paylng naval lel-''Ls
Sec . Ind b. Il ftrrther enac>d That the sncton-
employ 81 10 make sales OF Tr.za property shall
Dee entitled 20 receive gmMis-lll- ly scale TO De
established by the Secretary 0f The Navy lOt g. ex
ccct 10 any case half Ct one per centum On any
sun exceeding ten thousand dollars vessels nor
ono per said sum Of other prize property
which shall he II ful for bis expenses az We'll as their
services. aud case no such scale shall be estab |
sh-c they shall be entitled 10 receive such oompen-
sAton the court shall deem just under the circlm
stances Of each ease
Sec % 4adbe Il Iirtheg eRdcisd That ID any case
capture heretofore made OF that may hereafter be
ilate by vessels % the navy the Secretary u the
Navy may employ special couLsrl Tor captors "Arn.
l las Judgment the services Of such special counsel
Needed the particular case. for ;he due protec
tOn o the interests OF the captors and ot the navy
pension fund.- and under tie direction " he Secre
aIy Ol tle Navy such counsel may inst tute and pros
eCute such proceedings the NAV Doe neces-
sary and proper fer the protection OF such interests
Tic court may aOW such compensation as % shall
deem lust under the circumstances Oi e-ch case 70
special counsel for capt0rs lot beng the district at
t0rney any Of his assistants, whether appointed
by lrpar tinent of the Government by the cap
tors, for seTs actually rendered The cause u
be pai4 costs, N whole or IN part either from The
entire fund from the portion awarded l. the cap
tors but such allowance shall be made except for
services rendered on matters as 20 which the party
the counsel represents has adverse interest 10 the
United states, or al interest otherwise proper IN the
opinion Of Tie court 10 be represented by special
counsel or for services rendered 10 contestAiion
between parties claiming 70 participate the di~t7i
/ button Of the proceeds.
Sec "A aud BE- It further enacted That es ~ pc
cial counsel prize cases incurred OF authorized y
any depart III Of the Government, CT for the de-
fence ol cspt1rs against demands for damages made
10y Claimants m the district court, not paid by claim
ants nor from tie prlZe tuud IN The part cause
and audited and allowed by the department in
curing authorizing them, AMI BY the Solicitor Of
the Treasury shall be charge upon and paid ont Of
the funds appropriated for deravng the expenses OF
suits n which tho United States party OF inter-
/ csted
Sec 25 and b. II further enacted. That Whenever
tlie SLan allow ices TO any Witness lu prize
cause, fees for taking evidence out OF the dis
tr.ct u which the court sits, and there Is InOley
subject It's order the cause, the same shall b..
pal 10y the marshal ana shall be repaid 10 him from
any money deposited to the order Of the court ia said
Cause, and any amount net SO repaid the marshal
shall be allowed witness fees paid by him
iu which the United States Is party
Sec. 25 Aud te Il fgTtt-r eHGcted That no priz
property shall be delivere, the claimants GA slip
ulati0n, deposit other security except where
there has been decree u restitution anu th- cptofs
have appealed theItIr0In. where the court. after
full hearing The preparatory proofs, His refused
10 condemn the property on those proofs and has
given the captors leave TO take further proofs OF
where the claimant OF any property shall satisfy the
court that the has peculiar and ntf nsic value
10 him, independent of It's market value. In any of
these cases the court may deliver the property on
stipulation deposit Of It's value If Il shall he salts
lied that the rights and interests of the United states
aud captors, or OF other claimants, viii not be prel
diced thereby satisfactory apTThlse!nent beng
first made with an opportunity given 20 the district
attorney AMI naval prize commissioner 10 be heard as
% the appointment Of appraisers And any money
deposited IN lieu Of stipulation, and all money col
lected a stipulation. not being costs shall be de
posted l the Assistant Treasurer ~ the same man
ner as proceeds OF a sale.
Sec - And te Il further endcfed, That whenever
any captured vessel, arms munitions, OF other ma
teria shall be taken for the OF the Government
before II comes into the custody Of prize court il
shall he surveyed, appraised, and InyentoTiet by
persons as competent and impartial as can be Ob
tanned and the survey aDDraiSepent aud invent
shall sent 10 the court N winch proceedings 10
shall first be Twin 10 ena6e the court TO have the
property appraised for the protection Of the rights Of
the claimants and captors In al Of prize prop-
erty heretOf taken for appropriated = the use
of the Government OF that shall hereafter be Ia
ken or ppTOpria'ed the department Tor whose II
shall be taken or Appropriated shall deposit
the value thereof with the Assistant Treasurer u The
United states nearest TO the place of the sess d Of
cause
Sec 2a. 4nd be it further eaaoted, That ia case
Of any capture heretofore made that shah hereaf
ter be made, II, by reason Of Its condition OF be
the whole has been appropriated 10 the use Of
tie United States part Of the captured property
has been can be sent IN for adjudication OF if the
captured property be entirely lost DESTROYED pro
ceedngs for adjudication NAV be commenced In anv
district the Secretary Of the Navy may designate
And IN any such cae the proceeds Of any thiug sold
the value Of any thing taken appropri ted for
ne Of Ok-rfr nau all he ferrcf
the Assistant Treasurer ia nearest to that district
subject 10 the order Of the court in the cause IT.
when property be IN for adjudication the
Secretary O the Navy shall not, within three months
after any capture des guate district for tue rst
tuition OF proceedings The captOrs may institute pro
ceedings for adjudication n any district An H. in
any Of capture, proceedings FOR adjudication
shall be commenced wthIna reasonable time an = par
ties claiming the captured property may IN any dis
Irct court IS court Of prize move Tor a monition
{ t. show cause why such proceedings shall not b.
I. I commenced institute al original suit Ia such
court for restitution. and the monition issned IL either
case shall be served on the attorney Of the United
States iOI the district and the Secretary Of the
J. Navy as well a. on such other persons the court
r shall order TO be notified
IS SEC % and Be IL further enacted, That when any
vessel or other property shall have been captlre by
any force hostile 10 the United States and shall BE-
&c recaptlre1 and 4 shall appear to the court that the
same had net been condemned prize before is re
= capture by any competent authority the court sa
. award meet and competent sum as salvage accord
ng 10 the circumstances u each case and If the cap
y tuTed property belonged the United States i shs
= be restored to the United states and there shall b
e paid from the Treasury u the United States the sal
70 wage costs and expenses ordered by the court: md
N the re captured property belonged 70 persons resd
i ing within OF under the protection Of the United
States the court SHAH acludge the property 10 De
7 stored - its owners upon their claim, on The paw
ment OF sscn the court may award salyage
a. costs and expenses and II the reCaVtlred property
beo1 gei 10 any person permanently resident within
the territory and under the protection Of any forer
} prince. Government, OF state in amity with th,
70 United states and by the Law usage Of such prince
~ Government state. the property Of cit zen
lt the United states would be restored under like CIR
T. cumstauces Of recaptuTe II shall be adudged 70 b,
D. restored 10 such owner upon his claim upon sucl
~ terms 10y the law OF usage Of such prince Govern
ment or state would be required Of citizen O. th
le United states under ike Circumstances OF recaptlre
"a and when 10 such law or usage shall be known 4
e. shall be acudEed 10 be restored upon The pavnen
Of such salvage costs and expenses court sbal
Q order Prorea That nothing in this act shall be con
l s.rued 10 any treaty OF the United States
!, And the whole amount awarded as salvage shah b'
" decreed 10 the captqrs and 10 part 70 The Uutei
states and shall be distributed in the case Of pro
x ceeds Of property condemned as prize.
y Sec. so And Be At further enacted, That II zhal
IL appear 10 tie court tie OF any prize prorert
Of ordered be sold that 1t VIII be for the interest
ID all parties TO have il sold in another district th
r may direct the marshal 10 transfer the sne
or the district selected by the court for the sale
: insure the same with proper orders as to tie tim
le ana Of selling the same And IL shall be Ii
IN duty o. the marshal 70 transfer the property
II
1e er:y IL his district, ard lie shah depcsi
"a the gross proceeds q the sale with the assistant tres
De nearest to the place q sale subject TO the od
III OF the court in which the Adjudication thereon
le pending; and the necessary expense attending the
II surLng, transferring, receiving keeping and selin
II the said properly shall be charge rnsreupon an
be upon the proceeds thereof and whenever any sue
"a expense Is paid II advarcs by the marshal and =
n shall not be repaid from the pTOcsedszuy amount
c repaid lie shall be allowed - IL case OF expense
Incurred Il suits il which the United States Is
= party The Secretary q the Navy nav IN Ike mar
8, ner either b. general regulation specal creC
e. in any cause, require marshal 10 transfer
prize property from the district in which the judcis
proceedings pending any cther district FOR SAX
DC and the sane pEpceedings shall be had as II sUc
n transfer had been made by order u the court.
he bercinhei0re provided.
III Sec 81 4ad b Il fHrfT err11d That z ary PEI
al shall wifuy do any act sid assist or advis
q the doing Of any ACT relating - the bringing
be toy preservation sale, other dispoSiton of
n property csptured prize, relating any doct
P meats o. papers connected with the property. OF
ne any deposition other document or PAPER counecte
Ve With the pr-ceeci1Es with nIcn- % cefraud dezj
Il injLre the United STATES arv rantsr 0r cairaI