Year: 1864

| Passcd at the First Session of the Thirty.
Eighth Congress.


PuBLIc-No. 1897


AN ACT to regulate prize proceedings and
the distribution of prize money, and for 9TH


er purposes.


Bel enacted By the Senate and House Of Repre-
sensafires Of the United Stotes Of America in C5n
gress assembled, That IL shall be the duty of the
commanding officer of any vessel or vessels
making capture to secure the documents OF
the ship and cargo, including the log book,
with all other documents, letters, and other
papers found on board, and make an invento-
ry of the same, and seal them up and send
them, with the inventory, to the court in
which proceedings are to be had, with writ
ten statement that they are all the papers
found and in the condition in which they were
found, or explaining the absence of any docu-
ments or papers or any change in their condi-
tion. He shall send to said court, as witness.
the master, one or more of the other officers,
the supercargo, purscr, or agent of the prize,
and any person found on board whom he may
suppose to be interested in or to have knowi.
edge respecting the title, national character,
or destination of the prize. He shall send the
prize, with the documents, papers, and wit
nesses, under charge Of a competent prize mas
ter and prize crew, into port for adjudication,
explaining the absence of any usual witnesses
and in the absence of instructions from superb
or authority as to the port to which it shall be
sent, he shall select such port as he shall deem
most convenient in view Of the interests of
probable claimants, as well rs of the captors
II the captured vessel or any part of the cap
turcd property is not in condition to be sent
in for adjudication, survey shall be had there
on and an appraisement made by persons as
competent and impartial as can be obtained,
and their reports shall be sent to the court in
which proceedings are to be had and such
property. unless appropriated for the use of
the Government, shall be sold by the authori.
ty OF the commanding officer present. and the
proceeds deposited with the assistant treasurer
OF the United States most accessible to said
court. and subject to It's order in the cause.


Sec. z. And be it further enacted, That il
any vessel Of the United States shall claim to
share in the prize. either as having made the
capture. or as having been within signal dis
tanoe OF the vessel or vessels making the cap
ture, the commanding officer Of such vessel
shall make out written statement of his
claim, with the grounis on which il is rested
the principal facts tending to show what YES.
sells made the capture, and what vessels were
within signal distance Of those making the cap
ture, with reasonable particularly as to times,
distances, localities, and signals made, seen
or answered; and such statement Of claim
shall I've signed by him and sent to the court
in which proceedings shall he had, and shall
be filed in the cause.


Sec. 8. And I've it further enacted, That 1t
shall be the duty of the prize master to make
mis- way diligently to the selected port, and
there Immediately deliver to a prize commits
sioner the documents and papers and the in.
are the same and in the same condition as de.
livered to him, or explaining any absence or
change of condition therein, and that the prize
property is in the same condition as delivered
to him, or explaining any loss or damage
thereto !; and he shall further report to the dis
trict attorney, and give to him all the infor-
nation in his possession respecting the prize
and her capture and he shall deliver over the
persons sent as witnesses to the custody of the
marshal, and shall retain the prize in his Gus
tedy until il shall be taken therefrom by pro-
cess from the prize court. =. .


Sec. 4. And be il further enacted, That
the attorney of the United States for the dis
trict shall Immediately file libel against such
prize property, and shall forthwith obtain a
warrant from the court directing the marshal
To take IL into his custody, and shall proceed
diligently to obtain condemnation and dis.
tribution thereof, and to that end shall see
that the proper preparatory evidence is taken
by the prize commissioners, and that the priz



bene esse of the prize crew and other transient
persons cognizlnt Of any facts bearing on con-
demnation or distribution. 1t shall also be the
duty of the district attorney to represent the
interests of the United States in all prize
causes, and he shall not act as separate coun.
sci for the captors on any private retainer Oh
compensation from them, unless in question
between the claimants and the captors on a
demand for damages. The district attorney
shall examine all fees, costs, and expenses
sought to be charged on the prize fund, and
protect the interest of the captors and of the
United States. The district attorneys Of all
districts in which any prize causes are or may
be pending shall, as often ms once i'm thre,
months, send to the Secretary of the Navy q
statement Of the condition of all prize causes
pending in their districts. in such form and
embracing such particulars as the Secretary o.
the Navy shall require.


See. 5. And he it further enacted, That
any district court may appoint prize commits
sioners, not exceeding three i'm number, o.
whom one shall be q retired naval officer, ap
proved by the Secretary of the Navy, who
shall receive no other compensation than hi.
pay in the navy, and who shall protect the in
terests Of the captors and of the department
Of the navy i'm the prize property, and at leas,
one Of the Others shall be member of tn,
bar of the court, Of not less than three years
standing. and acquainted with the taking O
depositions.


Sec. 6. And be it further enacted, Tha
the prize commissioners, or one of them, shal
receive from the prize master the document
and papers and inventory thereof. and sbal
take the affidavit Of the prize master herein
before required. and shall forthwith take tn,
testimony Of the witnesses sent in, separat.
from each other, on interrogatories prescribed
| hv fha in fha sr -.
courts, and the witnesses shall not he permit
ted to see the interrogatories, documents, O
papers, or to consult with counsel or with an,
persons interested, without special AUTHORITY
from the court and the witnesses who hav
the rights of neutrals shall be discharged a
soon rs practicable. The prize commissioner
shall also take depositions de bene esse of tn
prize crew and others, at the request of tn
district attorney, on interrugatories prescribe,
by the court. They shall also, as soon as an
prize property comes within the district for al
Indication, examine the same and make an in
ventory thereof, founded on an actual exam
ination, and report TO the court whether an!
part OF il is in condition requiring immedi
ate sale for the interests Of all parties, and no
tify the district attorney thereof; and if it b
necessary TO the examination or making o
the inventory that the cargo be unladen. the,
shall apply to the court for an order to tn,
marshal to unlade the same, and shall from
time to time report to the court any thing re
lating to the condition of the property or IL
custody or disposal which may require any &C
ton BY the court, but the custody of the prop
erty shall be only in the marshal. They shal
also seasonably return into court, sealed an,
secured from inspection, the documents ant


papers which shall come to their hands, dul,
scheduled and numbered. and the other pre-


paratory evidence, and the evidence taken d


bene esse. and their own inventory of tn


prize property; and If the captured vessel o
any Of its cargo or stores are such that, Il
their Judgment, may be useful to the Govern
ment in war, they shall report the same to tn
Secretary of the Navy.


Sec. Z. And be it further enacted, Tha
the marshal shall safely keep all prize proper
ty under warrant from the court. and shall II
port to the court any cargo or other propert
that he thinks requires to be unladen and stol
ed or to be sold. He shall insure prize proI


erty, If in his judgment ii is for the interest (