Year: 1864

Il
prize commissioners or the court If sale o
property is ordered, lie shaM self the same il
the manner required by the court, and collec
the purchase money, and forthwith deposit tn,
| gross proceeds Of the sales with the Assistan
| Treasurer of the United States nearest th,
place of sale, subject to the order of the cour
In the particular case and each marshal shal
forward to the Secretary of the Navy, when
ever and as often as he may require IL, full
statement of the condition Of each prize ant
Of the disposition made thereof


Sec. 8. And be it further enacted, That
Whenever any prize property shall be condemn
ed, OF shall Mt any stage of the proceedings b
found by the court to be perishing, perishable
or liable to deteriorate or depreciate, or when
| ever the cost of keeping the same shall he dis
proportiOnate to its value, il shall be the dut,
of the court to order a sale thereof: and when
ever. after the return day on the libel, all the
parties i'm interest who have appeared in tn,
cause shall agree thereto, the court is author
lied to make such order, and no appeal shal
operate to prevent the making or execution oi
such order. The Secretary of the Navy shall
employ an auctioneer or auctioneers of known
skill in the branch of business to which any
sale pertains, to make the sale, but the sale
shall be conducted under the supervision oi
the marshal, and the collecting and depositing
OF the gross proceeds shall be by the auction.
eer or his agent Before any sale the marshal
shall cause full catalogues and schedules to be
prepared and circulated, and COPY of each
shall be returned by the marshal to the court
in each case. The marshal shall cause all
sales to be advertised fully and conspcuously
in newspapers ordered by the court, and by
posters and he shall, Mt least five days before
the sale, serve notice thereof upon the naval
prize commissioner, and the goods shall be
open to inspection at least three days before
the SALE


Sec. 8. And be 1t further enacted. That in
case decree of condemnation shall he render.
ed, the court shall consider the claims Of all
vessels to participate in the proceeds, and for
that purpose shall, at as early stage Of the
cause as possible, order testimony to be taken
tending to show what part should be awarded
to the captors, and what vessels are entitled
to share. and such testimony may be sworn to
before any judge or commissioner Of The courts
OF the United States. counsel or commercial
agent OF the United States. or notary public,
or any officer of the navy highest in rank, rea-
sonably accessible to the deponent. The court
shall make decree Of distribution, determin.
ing what vessels are entitled to share in the
prize. and whether the prize was of superior,
equal, or inferior force to the vessel or vessels
making the capture. And said decree shall
recite the amount of the gross proceeds Of the
prize subject to the order of the court, and
the amount deducted therefrom for costs and
expenses, and the amount remaining for dis.
triDution, and whether the whole Of such resi-
due Is to 60 to the captors. or half to the
captors, and one-half to the United States.
Sec. 10. And be it further enacted, That
the net proceeds of all property condemned AZ
prize shall, when the prize was of superior or
equal force to the vessel or vessels making the
capture, be decreed to the captors aud when
Of inferior force, one-half shall be decreed to
the United States and the other half To the
captors: Prorided, That, in cr,se Of privateers
and letters OF marque, the whole shall be de-
wise provided in the commissions issued to
such vessels. All vessels Of the navy within
signal distance Of the vessel or vessels making
the capture, under such circumstances and in
such condition As to be able to render effective
aid If required, shall share in the prize and
in case of vessels not Of the navy, none shall
be entitled to share except the vessel or YES.
sells making the capture, in which term shall
be included vessels present at the capture and
rendering actual assistance in the capture. All
prize money adjudged to the captors shall be
distributed in the following proportions, name.
ly: ..'...... ..


First. 70 the commanding officer Of fee,
or squadron, one-twentieth part of all prize
money awarded to any vessel or vessels under
his immediate command.


Second. To the commanding officer of a
division of a fleet or squadron. on duty under
the orders Of the commander-in-chiefo Of such
fieet or squadron, sum equal to one fiftietl
part of any prize money awarded to vesse
Of such division for u capture made while un
der his commani the said iiftieth part to b,
deducted from the noiety due to the Unitet
States, ii there be such moiety, otherwise from
the amount awarded to- the captors Prov;ded
That such fftieth part shall not be in addition
to any share which may be due to the com
mander Of the division, and which he ma,
elect to receive, as COMMANDER of single shil
making or assisting in the capture.


Third. To the fleet captain, one -hundredtl
part of all prize money awarded to any vesse
| or vessels OF the fleet or squadron in which h,
is serving, except in a case where the captur,
is made by the vessel on board of which he i
serving at the time of such capture and il
| such case he shall share. i'm proportion to hi
pay, with the other officers and men on boar,
such vessel, as Is hereinafter provided


Fourth. To the commander of q singh
ship, one tenth part of all the prize none,
awarded to the ship under his command
| such ship at the time Of the capture was undc
the command Of the commanding officer of
| fleet or squadron, or division, and three
| twentieths if his ship was acting independent
ly of such superior officer.


Fifth. After the foregoing deductions, tn
residue shall be distributed and proportione,
among all others doing duty on board, (inclu
ding the fleet captain and borne upon tn
| books OF the ship, in proportion to their re
spec;ive rates Of pay in the service.


No commanding officer of q heet or squad
ron shall he entitled to receive any share q
prizes captured by any vessel or vessels no
under his command nor of such prizes as ma
have been captured by any ships or vessels ia
tended to be placed under his command, be
fore they have acted under his orders. No
shall the commanding officer of fleet O
squadron, leaving the station where he ha.
command, have any share in the prizes takel
| by ships left on such station after he has gon
out of the limits Of his said command, nor al


ter he has transferred his command to his sue
cessor. No officer or other person who shal


have been temporarily absent ON duty from
| vessel on the books Of which he continued I
be borne, while 50 absent, shall be deprived il
/ consequence Of such absence of any prize mon
ey to which he would otherwise be entitled
And he shall continue to share i'm the capture


of the vessels to which he is attached unit


regularly discharged therefrom.


Sec. IL. And be it further enacted, Tha
a bounty shall be paid by the United State
l


war belonging to an enemy ut the commence


ment of an engagement. which shall be sun


or otherwise destroyed in such engagement


by any ship or vessel belonging to the Unite
States, or which II may be necessary to destro
in consequence Of injuries sustained In action
Of one hundred dollars, II the enemy's vesse


was Of inferior force, and of two hundred dol
lars, If Of equal or superior force, to be divi
ded among the officers and crew in the sam


manner as prize money and when the actus


number of men on board any such vessel can


not be satisfactorily asccrtained, it shall be c,
timated according to the complement allowe
| to vessels of its class in the navy of the Uni


ted States and there shall he paid as bount


to the captors of any vessel-of-war capture


from an enemy, which they may be instructe


to destroy, or which shall be Immediately ds


stroyed for the public interest, but not in cor


sequence OF injuries received In action, fit


dollars for every person who shall be on boar


at the time Of such capture. All ransom nor


ey, salvage, bounty, or proceeds Of condemne
property, accruing OF awarded to any vessel {


the navy, shall be distributed and paid to th


officers and men entitled thereto in the san
manner as prize money. under the direction
the Secretary of tue Navy.


Sec. IL. And be it further enacted, Thi
every assignment Of prize or bounty mone.