The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-01-05
CHAP. LXXXVI.


An Act further to regulate Proceedings in Prize
Cases, and to amend various Acts of Congress
in Relation thereto
Be it enacted by the Senate and House of Rep
resentatives of the United States of America in
Congress assembled, That whenever any prize
property shall be condemned in any district or
circuit court, shall at any stage of the proceed
ings be found by the court to be perishing, per-
ishable or liable to deteriorate or depreciate,
whenever the costs of keeping the same shall be
disproportionate to its value, or whenever all the
parties in interest who have appeared in the case
Shall agree thereto, it shall be the duty OF the
court to order sale thereof, and no appeal shall
operate to prevent the making or execution OF
such order And upon any sale, it shall be the
duty of the marshal forthwith to deposit the gross
proceeds of the sale with the assistant treasurer
of the United States nearest to the place OF sale,
and subject to the order of the court in the par
ticular case and the court may at any time order
the payment from such deposit OF the expenses
and disbursements necessarily incurred in the
custody, preservation and sale OF SAID property,
audited and allowed by the court in the manner
provided by law. And when decree OF condem-
nation shall be made in any cause the court may,
in like manner, order the payment from said de-
posit of the costs, fees, and charges decreed in
the cause. And on final decree of distribution,
after the payment of such costs, fees, and eXpen-
ses, the residue of the deposit shall, by order of
the court be paid into the treasury OF the United
States for distribution according to the decree.
And the clerk of the court shall forthwith trans
init to the Secretary of the Treasury and the Sec
retary of the Navy certified copies OF said final de-
cree of distribution; and in case the final decree
shall be for restitution without COSTS fees, and
disbursements allowed by the court and unpaid
shall be charge upon the fund for defraying the
expenses of suits in which the United States is
party or interested. And the Treasury Depart
ment shall credit the Navy Department with the
amount held for distribution; and the several Of
ficers marines, sailors, and other persons in the
naval service entitled to share in tine prize mon
ey shall be credited in their accounts with the
Navy Department with the amount to which they
are respectively entitled.
Sec 2. And be if further enacted, That the Sec
retary of the Navy or the Secretary OF War shall
be, and they or either of them are hereby, au-
thorized to take any captured vessel, any arms or
munitions of war, or other material, for the use
of the Government; and when the same shall have
been taken before being sent in for adjudication,
or afterwards the department FOR whose use it
was taken shall deposit the value of the same In
the treasury of the United States, subject to the
order of the court in which prize proceedings
shall be taken in the case. and when there is q
final decree of distribution in the prize court, or
if no proceedings in prize shall be taken, the
money shall be credited to the Navy Department
to be distributed according to law.
Sec g. And be it further enacted, That the
Secretary of the Navy shall employ an auction
eer or auctioneers Of established reputation in
that branch of merchandise, to make sales of all
| prize goods, under the direction of the marshall
of the district in which the property shall be ox-