The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-09-27
Approved, March 10, 1862.
CHAP. XIIX.

CHAP. XIX.
An Act to secure to the Officers and men actually
employed in the Western Department, or De-
partment of Missouri, their Pay, Bounty, and
Pension.
Be it enacted by the Senate and House of Re-
presentatives of the United States OF America in
Congress assembled, That the Secretary of War
be, and he is hereby, authorized and required to
allow and pay to the officers, non-commissioned
officers, musicians, and privates who have been
heretofore actually employed in the military ser
vice of the United States, whether mustered into
actual service not, where their services were
accepted and actually employed by the generals
who have been in command of the department of
the West, the department OF the Missouri,
the pay and bounty as in cases OF regular enlist
men.
Sec 2. And be it further enacted That the of
ficers, non-commissioned officers, musicians and
privates so employed, who may have been wound
ed or incapactated for service, shall be entitled
to and receive the pension allowed for such disa
bility: Provided, That the length and character
of their enlistment and service be such as to
title them under existing laws to such pension.
Sec. 5. And be it further enacted, That the
heirs of those killed in battle, or of those who
may have died from wounds received while SO in
service, shall be entitled to receive the bounty
and pay to which they would have been entitled
had they been regularly mustered into service:
this act shall not be payable unless their term of
enlistment and service be of such duration as to
entitle them to receive the same, acnording to
Approved, 1uarch a5, 1862.
CHAP. L.
An Act to facilitate Judicial Proceedings in Ad
publications upon Captured Property, and for
the better Administration of the Law of
Prize.
Be it enacted by the Senate and House of Re
pressntatives of the United States of America in
Congress assembled, That whenever any proper
ty captured as prize shall be brought into any dis,
trict of the United States oradudicaton it shall
be the duty OF the prize commissioners for such
district forthwith to receive, SEAL and safely keep
the same until process shall be issued out of the
court, under which the same shall be placed in
the custody of the marshal of such district. 1t
shall be the further duty of said prize commits
sioners, at the time OF taking such possession,
and from time to time pending the adjudication,
to examine into the condition of said property,
and report to the court if the same, or any part
thereof, be perishing pershable or deteriorat-
ing in value; and if the same be SO found by the
court, upon said report other evidence, the
court may thereupon order an interioGutory sale
thereof by the United States marshal, and the
deposit of the gross proceeds of such sale in the
registry of the court to abide the urther order of
the court, whether claim to said property has
or has not been interposed. 1t shall be the fur
ther duty of the said prize commissioners to re-
ceive from the prize master all the papers and
documents, and forthwith to proceed to take the
testimony of the witnesses prescribed by law,
pursuant to the rules and under the 1nterrogato-
ries adopted by the court, and separately from
each other, and unattended by counsel, and the
said papers, documents, and testimony, securely
seal with their SEALS and soon as practicable
deposit in the registry of the court; and there
after, promptly and without unnecessary delay,
the court shall proceed to hearing and adJudlca-
ton.
Sec 2. And be it further enacted, That all rea-
sonuble and proper claims and charges for pilot
age, towage, wharfage, storage, insurance, and
other expenses incident to the bringing in and
safe custody and sale of the property captured as
prize, shall be charge upon the same and hav-
ing been audited and allowed by the court, shall,
in event of decree of condemnation or of resti-
tuition on payment of costs, be paid out of the
ftrNnl
terlocutory, in the custody of the court. In case
of decree of restitution upon payment of costs,
where sale has been made, such charges and
expenses shall constitute part of said costs to be
paid by the claimant.
SEC. B. And be it further enacted, That the
prize commissioners, and also the district attorn-
ey, acting for the United States, and the counsel
for the captors, shall be entitled to receive just
and suitable compensation for their several and
respective services in each prize case or proceed
ing; and the same shall be adjusted and determ-
ned by the court upon due consideration of the
facts and circumstances of each case and of the
services actually rendered therein; and the same,
when adjusted, shall, in case of final condem
nation restitution on payment of costs, be paid
out of the proceeds of the prize property in the
custody OF the court, or when no sale has been
made, in whole or in part, the court may direct
by the claimant.
SEC. T. And be it further enacted, That when
socver final decree of condemnation of property
captured as prize shall have been made, unless
an interlocutory sale has been made hereinbe
fore provided for, the property shall be sold by
tice and proceedings in admiralty, and the gross
proceeds of such sale shall be forthwith deposited
in court; and thereupon the prize commissioners
shall proceed under the direction of the court,
to take the requisite evidence, and report the
same to the court, to the end that final decree
shall be made determining what public ships OF
the United States entitled to share in the
prize, and whether the prize was of superior,
equal, inferior force to the vessel or vessels
making the capture, and within thirty days after
the entry of the same the clerk Of the court shall
transmit to the Treasury of the United States the
moneys SO deposited in couIt, together with a
certified copy of the said decree, after deducting
from said moneys the costs of court and charges
and expenses hereinbeforc provided for.
Sec. 5. And beit further enacted, That the pro-
visions of this act shall apply well to cases now
pending as to all future cases of maritime cap
lures, and to captures and seizures made under
the laws for the abolition of the slave trade and
all laws and parts of laws inconsistent herewith
are hereby repealed.
APPROVED, March 25, 1862.
CHAP. LVII.
An Act making Additional ApprOnriatiOnS for