Year: 1863

4


AN ACT to further regulate proceedings


in prize cases, and to amend the vari-


Gus acts of Congress in relation there


TO.


Be IL enacted By the Senate and House Of
Representatives Of Tho United States Of -Arnc,-
sea in Congress assembled, That, whenever
any prize property shall be condemned
in any district or circuit court, or shall
at any stage OF the proceedings be found
by the court to be perishing, perishable,
or liable 10 deteriorAte or depreciate, or
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 a 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 tire Assistant Treasurer of
the United States nearest TO the place
Of sale, aud subject to the order of the
court in the particular 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 a decree Of condemnation shall
be made in any cause, the court may, in
like manner, order the payment from
said deposit Of the costs, fees, and charg-
es decreed in the cause; And on final
decree Of distribution, after the payment
of auch costs, fees, and expenses, ;h0 resi-
due Of the deposit shall, by order Of the
court, be paid into the treasury of the
United States for distribution according
to the decree. Aud the clerk Of court
shall forth with transmit 10 the Secretary
Of the Treasury and the Secretary OF the
Navy certified copies Of said hnal decree
Of distribution, aud in case the hnal de-
cree shall be for restitution without costs,
the costs, fees, and disbursements allow
| ed ny the court and unpaid shall be a
charge upon the fund for deiraying the
expenses Of suits in which the United
States is party or interested. And the
Treasury Department shall credit the Ma
Wy Department with the amount held
for distribution aud the several officers
marines, sailors, and other persons ia the
naval service entitled 10 share in the
prize money, shall be credited in their
accounts with the Navy Department
with the amount 10 which they are res-
pectiVeIy entitled.


Sec. 2. Ind b IL further enacted, That
the Secretary Of the Navy and the Serre-
tRry Of War shall be, and they or either
Of them are hereby authorized TO take any
captured vessel, any arms or munitions
Of war, or other material, for the use OF
the Government; aud when the same
shall have been taken, before being sent
in for adj judictiOn, or Afterwards, the de
partment for whose use IL was taken
shall deposit the value of the same in
the treasury Of the United States, subject
TO the order Of the csurt ia which prize
proceedings shall be taken in the case
and when there is final decree Of distri- .
button Ia the prize court, or if no pro-
ceodings in prize shall be sAken, the
money shall be credited 10 the Navy
Department 10 be distributed according
20 law.


Sec. 3. And b "a further Slaotsi, That
the Secretary Of the Navy shall employ
an auctiOner or auctioneers OF established
reputation In that branch Of merchandise,
TO make sales Of all prize goods, under
the direction Of the marshal Of the dis
trlctin which the property shall be Or
dered 10 be sold, at a rate Of componsa-
tion not 10 sxoeed In sny case one aud
one fourth per centum upon the gross
amount OF the sales and such sales shall