, 1864-11-07

services Of such special counsel are needed
the particular case, for the due protection
the interests Of the captors and Of the nav,
pension fund and under the direction Of Il
Secretary Of the Navy such counsel may inst
tute and prosecute such proceedings in tie cas-
as may be necessary and proper for the protet
tion Of such interests. The court NAV allo,
such compensation as Il shall deem Just unde
the circumstances Of each case to special cour
sci for captors, not being the district attofhe
or any Of bis assis nts, whether uppoihted t
department Of the government or 81 tho cst
tors, for services actually rendered in th
cause, to be paid as costs, 10 whole or In par
either from the entire fund or from the portio
awarded to the captors; but no such allowanc
shall be made except for services rendered o.
matters as to which the party the counsel reE
resents has an adverse interest to the Unitet
Strtes, or an interest otherwise proper in th
opinion Of the court to be represented b,
special counsel, or for services rendered in
contestation between parties claiming to partic
ipate in the distribution Of the proceeds.
Sec. "a. And be 10 further enacted, Tha
fees Of special counsel in prize cases incurret
or authorized by any department Of the gov
ernment, or for the defence Of captors agains
demands for damages made by claimants 10 th,
district court, not paid by claimants, nor from
the prize fund in the particular cause, ant
audited and allowed BY the department incur
ring or authorizing them, and by the solicitor
Of the treasury, shall be charge, upon ant
paid out Of, the funds appropriated for defray
ing the expenses Of suits 10 which the United
States is party Or interested.
Sec. 25. ARd BE- IL further enacted, Thai
whenever the court shall allow fees to any wit.
ness in prize cause, or fees for taking evi.
dence out Of the 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 10
q party.
Sec. 20. And be IL further 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 rest.
tuition and the captors have appealed there
from, or where the court, after full hearing
on the preparatory proofs, has refused to con-
dernn 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 peculiar
and intrinsic value to him, independent Of its
market value. In any Of these cases, the
court may deliver the property on stipulation
or deposit Of its value, if It shall be satisfied
that the rights and interests Of the United
States and captors, or Of other claimants, will
not be prejudiced thereby, Q satisfactory ap.
praiscment being first made, with an opportu.
nifty given to the district attorney and naval
prize commissioner to be heard as to; the ap.
pointment Of appraisers. And any money de.
posted in lieu Of stipulation, and all money
collected on stipulation, not being costs, shall
be deposited with the assistant treasurer in the
same manner as proceeds Of q sale.
Sec. q. And be IL further enacted, That
any captured vessel, arms, munitions,
,r other material shall be taken for the use Of
he government before 1t comes into the custo-
1y Of prize court, It shall be surveyed, ap.
praised, and inventoried by persons as compe-
ent and impartial as can be obtained, and the
'urvey, appraisemcnt, and inventory shall be
lent TO the court in which proceedings are to
lad and if taken afterwards, sufficient notice
hall FIRST be given to enable the court to have
he property appraised for the protection Of
he rights Of the claimants and captors. In
VI cases Of prize property heretofore taken for,
" appropriated, 70 the use Of the government,
" that shall hereafter be so taken or appro.
,riated, the department for whose use il was
" shall be taken or appropriated, shall deposit
he value thereof with the assistant treasurer
4 the United States nearest to the place Of the
ession Of the court subject to the order Of the
.ourt in the cause.
Sec. %. And Be II further enacted, That in
,ase Of any capture heretofore made, or that
hall hereafter be made, II, by reason Of its con.
lition, or becouse the whole has been appro.
'riatOd to tho use Of the United States, no part
e the captured property has been or can be
ent in for adjudication, or Il the captured
property be entirely lost or destroyed, proceed.
ngs for adjudication may be commenced in any
district the Secretary OF the Navy may desig.
late. Aud in any such case the proceeds Of
Inything sold, or The value Of anything taken
" appropriated for the use Of the government,
hail be deposited with the assistant treasurer
n or nearest to that district, subject to the or.
Ter Of the court in the cause. IG when no
property can be sent in for adjudication, the
Secretary Of the Navy shall not, within three
months after any capture, designate district
or the institutisn Of proceedings, the cAp.ors
nay institute proceedings for adjudication in
ny district. And it. in any case Of capture,
10 proceedings for adjudication shall be com.
nenced within reasonable time, any parties
laiming the captured property may, in any
district court, as court Of prize, move for Q
nonition to show cause why such proceedings
hall not DO commenced, or institute an original
uit in such court for restitution, and the mon
lion issued in either case shall be served on
he attorney Of the United States for the dis
rict, and on the Secretary Of the Navy, as well
s on such other persons rs the court shall or.
Ter to DO notified.
Sec. 90. And DO 1t further enacted, That
Vhen any vessel or other property shall have
'een ceptured by any force hostile 10 the Uni.
ed States, and shall be recaptured, and it shall
ppear to the court that the same had not been
Condemned as prize before is recapture, BY
ny competent authority, the court shsl award
meet and competent sum as salvage, accord.
ng to the circumstances Of each case; and ifl
hO captured property belonged to the United
;tates Il shall BE- restored to the United States,
nd there shall be paid from the treasury Of the
United States the salvage, costs, and expenses
rdered by the court; and II the recaptured
property belonged to persons residing within
r under the protection Of the United States,
he court shall adjudge the property to be re.
tored to lis owners upon their claim, on the
aytnent Of such sum as the court may award
s salvage, cos 8, and expenses; and II the 70.
aptured property belonged 10 any person per-
resident within the territory and un-
Ter tho protection Of any foreign prince, gov.
rn,nent, or state in amity with the United
states, and by the law or usage Of such prince,
government. or state, the property Of citizen