« PreviousContinue »
other evidence to be sent up, in addition to the copy of the record, or in lieu of a copy of a part thereof.
14. All costs and all expenses incident to the bringing in, custody, preservation, insurance, sale or other disposal of prize property, when allowed by the court, shall be Costs and a charge upon the same, and be paid therefrom, unless the court shall decree restitution expenses. free from such charge. No payments shall be made from any prize fund, except upon the order of the court; all charges for work and labor, materials furnished or money paid, shall be supported by affidavit or vouchers. The court may, at any time, order the payment, from the deposit made with the assistant treasurer in the cause, of any costs or charges accrued and allowed; when the cause is finally disposed of, the court shall Payments. make its order or orders on the assistant treasurer, to pay the costs and charges allowed and unpaid; and in case the final decree shall be for restitution, or in case there shall be no money subject to the order of the court in the cause, any costs or charges allowed by the court, and not paid by the claimants, shall be a charge upon, and be paid out of, the fund for defraying the expenses of suits in which the United States is a party or interested. (a)
30 June 1864.
15. The court may require any party, at any stage of the cause, and on claiming an appeal, to give security for costs.
16. The net amount decreed for distribution to the United States, or to vessels of the navy, shall be ordered by the court to be paid into the treasury of the United States, to be distributed according to the decree of the court; and the treasury department shall credit the navy department with each amount received to be distributed to vessels of the navy; and the persons entitled to share therein shall be severally credited in their How credited. accounts with the navy department, with the amounts to which they are respectively entitled. In case of vessels not of the navy, the distribution shall be made by the court Distribution to to the several parties entitled thereto, and the amounts decreed to them shall be divided vessels not in between the owners and the ship's company, according to any written agreement between them, and in the absence of such agreement, one-half to the owners and onehalf to the ship's company, according to their respective rates of pay on board ; (b) and the court may appoint a commissioner to make such distribution, subject to the control of the court, who shall make due return of his doings, with proof of actual payments by him, and who shall receive no other compensation, directly or indirectly, than such as shall be allowed him by the court: Provided, That in case of vessels not of the navy, but controlled by any department of the government, the whole amount decreed to the captors shall be divided among the ship's company.
17. The clerk of each district court shall render to the secretary of the treasury and the secretary of the navy, a semi-annual statement, beginning with the first day of July Clerks to make 'next, of all the sums allowed by the court and ordered to be paid, within the previous semi-annual rehalf year, to the district attorney and prize commissioners for services, and to marshals for fees and commissions; and he shall, in all prize causes in the district, for the purpose of the final decree of distribution, ascertain and keep an account of the amount deposited with the assistant treasurer, subject to the order of the court, in each prize cause, and the amounts ordered to be paid therefrom as costs and charges, and the residue for distribution; and shall send copies of all final decrees of distribution to the secretary of the treasury and the secretary of the navy; and shall draw the orders of the court for the payment of all costs and allowances, and for the distribution of the residue. And for the said services he shall be entitled to receive the sum of twenty- Fees. five dollars in each prize cause, which shall be in full for the services required by this section.
(a) See Two Hundred and Eighty-two Bales of Cotton, Blatch. Pr. Cas. 610.
(b) See The Emma, Blatch. Pr. Cas. 607. The crew of a mer
Prize-money to be paid into the
Ibid. 18. Compensation of
18. The marshal shall be allowed his actual and necessary expenses, for the custody, care, preservation, insurance, sale or other disposal of the prize property, and for executing any order of the court respecting the same, and shall have a commission of one- marshals. quarter of one per centum on vessels, and of one-half of one per centum on all other prize property, calculated on the gross proceeds of each sale; and if, after he shall have had any prize property in his custody, and shall have actually performed labor and incurred responsibility for the care and preservation thereof, the same shall be taken by the United States for its own use without a sale, or if it shall be delivered on stipulation to the claimants, he shall, in case the same shall be condemned, be entitled to one-half the above commissions on the amount deposited by the United States to the order of the courts, or collected upon the stipulation. No charges of the marshal for expenses or disbursements shall be allowed, except upon his oath that the same have been actually and necessarily incurred for the purpose stated.
chant vessel cannot share in the proceeds of a prize, though assisting in its capture. United States v. The Merrimac, Ibid. 584.
30 June 1864 19. Limitation of
19. Neither the marshal nor the clerk shall be permitted to retain for all official services, of every kind, excepting those in prize causes, more than the maximum comcompensation of pensation allowed to be retained by him by the 3d section of the act of the 26th of
February 1853; nor shall the additional compensation which either of said officers shall be permitted to retain for all services, of every kind, in prize causes, exceed one-half the maximum compensation allowed to them, respectively, by the aforesaid act.
20. The district attorney and prize commissioners, except the naval officer, shall be Compensation of allowed a just and suitable compensation for their respective services in each prize cause,
district-attorneys and prize commissioners.
to be adjusted and determined by the court, and to be paid as costs in the cause.
21. Each district attorney and prize commissioner, except the naval officer, shall render to the secretary of the interior, an annual account, beginning with the first day Annual accounts of July next, of all sums he shall have received for all services in prize causes within
the previous year; and the district attorney shall be allowed to retain therefrom a sum not exceeding three thousand dollars for each year, in addition to the maximum compensation allowed to be retained by him by the 3d section of the act of the 26th February 1853, or in addition to any salary he may receive in lieu of such maximum compensation; and each such prize commissioner shall be allowed to retain a sum not exceeding three thousand dollars for each year, which shall be in full for all his official services in prize causes; and any excess over those respective amounts shall be paid by the officer receiving the same into the treasury of the United States, and shall be credited to the fund for paying naval pensions.
of district-attorney and prize commissioners.
Limitation of compensation.
Ibid. 22. Auctioneers' commissions.
Ibid. 23. Special counsel for captors.
Ibid. 24. Payment of counsel fees.
Ibid. 25. Payment of witnesses' fees.
22. The auctioneers employed to make sales of prize property shall be entitled to receive commissions by a scale to be established by the secretary of the navy, not to exceed in any case one-half of one per centum on any sum exceeding ten thousand dollars on vessels, nor one per centum on said sum of other prize property, which shall be in full for his expenses, as well as their services; and in case no such scale shall be established, they shall be entitled to receive such compensation as the court shall deem just under the circumstances of each case.
23. In any case of capture heretofore made, or that may hereafter be made by vessels of the navy, the secretary of the navy may employ special counsel for captors, when in his judgment the services of such special counsel are needed in the particular case, for the due protection of the interests of the captors and of the navy-pension fund; and under the direction of the secretary of the navy such counsel may institute and prosecute such proceedings in the case as may be necessary and proper for the protection of such interests. The court may allow such compensation as it shall deem just under the circumstances of each case, to special counsel for captors, not being the district attorney or any of his assistants, whether appointed by a department of the government or by the captors, for services actually rendered in the cause, to be paid as costs, in whole or in part, either from the entire fund or from the portion awarded to the captors; but no such allowance shall be made except for services rendered on matters as to which the party the counsel represents has an adverse interest to the United States, or an interest otherwise proper, in the opinion the court, to be represented by special counsel, or for services rendered in a contestation between parties claiming to participate in the distribution of the proceeds.
24. Fees of special counsel in prize cases incurred or authorized by any department of the government, or for the defence of captors against demands for damages made by claimants in the district court, not paid by claimants, nor from the prize fund in the particular cause, and audited and allowed by the department incurring or authorizing them, and by the solicitor of the treasury, shall be a charge upon and paid out of the funds appropriated for defraying the expenses of suits in which the United States is a party, or interested.
25. Whenever the court shall allow fees to any witness in a prize cause, or fees for taking evidence out of the district in which the court sits, and there is no money subject to its order in the cause, the same shall be paid by the marshal, and shall be repaid to him from any money deposited to the order of the court in said cause; and any amount not so repaid the marshal shall be allowed as witness fees paid by him in cases in which the United States is a party.
26. No prize property shall be delivered to the claimants, on stipulation, deposit or other security, except where there has been a decree of restitution, and the captors have property may be appealed therefrom, or where the court, after a full hearing on the preparatory proofs,
has refused to condemn the property on those proofs, and has given the captors leave to
captors or of other claimants will not be prejudiced thereby, a satisfactory appraise- 30 June 1864. ment being first made, with an opportunity given to the district attorney and naval prize commissioner to be heard as to the appointment of appraisers. And any money deposited in lieu of stipulation, and all money collected on a stipulation, not being costs, shall be deposited with the assistant treasurer, in the same manner as proceeds of a
27. Whenever any captured vessel, arms, munitions or other material shall be taken for the use of the government, before it comes into the custody of a prize court, it shall Proceedings where captured be surveyed, appraised and inventoried by persons as competent and impartial as can property is taken be obtained, and the survey, appraisement and inventory shall be sent to the court in for government which proceedings are to be had; and if taken afterwards, sufficient notice shall first be given, to enable the court to have the property appraised for the protection of the rights of the claimants and captors. In all cases of prize property heretofore taken for or appropriated to the use of government, or that shall hereafter be so taken or appropriated, the department for whose use it was or shall be taken or appropriated, shall deposit the value thereof with the assistant treasurer of the United States nearest to the place of the session of the court, subject to the order of the court in the cause.(a)
28. In case of any capture heretofore made, or that shall hereafter be made, if by reason of its condition, or because the whole has been appropriated to the use of the Proceedings for United States, no part of the captured property has been or can be sent in for adjudica- adjudication tion, or if the captured property be entirely lost or destroyed, proceedings for adjudica- is not sent in. tion may be commenced in any district the secretary of the navy may designate. And in any such case the proceeds of anything sold, or the value of anything taken or appropriated for the use of the government, shall be deposited with the assistant treasurer in or nearest to that district, subject to the order of the court in the cause. If, when no property can be sent in for adjudication, the secretary of the navy shall not, within three months after any capture, designate a district for the tion of proceedings, the captors may institute proceedings for adjudication in any district. And if, in any case of capture, no proceedings for adjudication shall be commenced within a reasonable time, any parties claiming the captured property may, in any district court, as a court of prize, move for a monition to show cause why such proceedings shall not be commenced, or institute an original suit in such court for restitution, and the monition issued in either case shall be served on the attorney of the United States for the district, and on the secretary of the navy, as well as on such other persons as the court shall order to be notified.
Ibid. § 29.
29. When any vessel or other property shall have been captured by any force hostile to the United States, and shall be recaptured, and it shall appear to the court that the Salvage for resame had not been condemned as prize before its recapture, by any competent authority, captures. the court shall award a meet and competent sum as salvage, according to the circumstances of each case; and if the captured property belonged to the United States, it shall be restored to the United States, and there shall be paid from the treasury of the United States the salvage, costs and expenses ordered by the court; and if the recaptured property belonged to persons residing within or under the protection of the United States, the court shall adjudge the property to be restored to its owners upon their claim, on the payment of such sum as the court may award as salvage, costs and expenses; and if the recaptured property belonged to any person permanently resident within the territory and under the protection of any foreign prince, government or state in amity with the United States, and by the law or usage of such prince, government or state, the property of a citizen of the United States would be restored under like circumstances of recapture, it shall be adjudged to be restored to such owner upon his claim, upon such terms as by the law or usage or such prince, government or state would be required of a citizen of the United States under like circumstances of recapture; and when no such law or usage shall be known, it shall be adjudged to be restored upon the payment of such salvage, costs and expenses as the court shall order: Provided, That nothing in this act shall be construed to contravene any treaty of the United States. And the whole amount awarded as salvage shall be decreed to the captors, and no part to the United States, and shall be distributed as in the case of proceeds of property condemned as prize.
30. If it shall appear to the court, in the case of any prize property ordered to be sold, that it will be for the interest of all parties to have it sold in another district, the Transfers to court may direct the marshal to transfer the same to the district selected by the court another district for the sale, and to insure the same with proper orders as to the time and manner of selling the same. And it shall be the duty of the marshal so to transfer the property,
(a) This section is not in conflict with the public law of war, and does not impair the just rights of neutrals under that law. 10 Opin. 519.
30 June 1864.
Ibid. § 31. Punishment of fraud.
Ibid. ? 32.
32. In the term "vessel of the navy" shall be included, for the purposes of this act, all armed vessels officered and manned by the United States, and under the control of the department of the navy.
Ibid. § 33.
33. The provisions of this act shall be applied to all captures made as prize by authority of the United States, or adopted and ratified by the president of the United States. 34. This act shall apply to all prize proceedings now pending.
35. The act entitled "An act providing for salvage in cases of recapture," approved on the 3d day of March, in the year 1800,(a) and the act entitled "An act in addition acts of congress. to the act concerning letters of marque, prizes and prize goods," approved on the 27th
Ibid. 34. Ibid. 35. Repeal of prior
day of January, in the year 1813, (b) and the act entitled "An act in addition to an act entitled an act in relation to the navy pension fund," approved on the 16th day of April 1816, (c) and an act entitled "An act to facilitate judicial proceedings in adjudications upon captured property and for the better administration of the law of prize," approved on the 25th day of March 1862, (d) and the 2d, 6th and 12th sections of an act entitled "An act for the better government of the navy of the United States," approved on the 17th day of July 1862, (e) and the act entitled "An act further to regulate proceedings in prize cases and to amend various acts of congress in relation thereto," approved on the 3d day of March 1863, (g) and all other acts and parts of acts inconsistent herewith are hereby repealed.
and keep and sell the same in like manner as if the property were in his own district; and he shall deposit the gross proceeds of the sale with the assistant treasurer nearest to the place of sale, subject to the order of the court in which the adjudication thereon is pending; and the necessary expense attending the insuring, transferring, receiving, keeping and selling the said property shall be a charge thereupon and upon the proceeds thereof; and whenever any such expense is paid in advance by the marshal, and he shall not be repaid from the proceeds, any amount not so repaid he shall be allowed as in case of expenses incurred in suits in which the United States is a party. The secretary of the navy may, in like manner, either by a general regulation or special direction in any cause, require a marshal to transfer any prize property from the district in which the judicial proceedings are pending to any other district for sale, and the same proceedings shall be had as if such transfer had been made by order of the court, as hereinbefore provided.
31. If any person shall wilfully do any act, or aid, assist or advise in the doing of any act relating to the bringing in, custody, preservation, sale or other disposition of any property captured as prize, or relating to any documents or papers connected with the property, or to any deposition, or other document or paper connected with the proceedings, with intent to defraud, delay or injure the United States, or any captor or claimant of such property, he shall on conviction, be punished by a fine not exceeding ten thousand dollars, or by imprisonment not exceeding five years, or both, at the discretion of the court.
12 June 1858 27.
11 Stat. 326.
1. Commissioner to keep free from obstruction streets improved by the United States.
2. Penalty for placing obstructions in such streets. How recoverable.
1. It shall be the duty of the commissioner of public buildings to cause obstructions every kind to be removed from such streets, avenues and side-walks in the city of Commissioner to Washington, as have been, or may be hereafter, improved in the whole or in part by the
keep free from
United States, and to keep the same, at all times, free from obstructions; and, for this
2. If any person shall place [any] obstruction on the streets, avenues or side-walks aforesaid, such person shall pay the costs of removing the same, and shall moreover be
(a) 1 vol. 821-2.
3. Office of commissioner abolished, and duties transferred to chief engineer of the army.
4. No private property to be exhibited in the capitol.
subject to a penalty of ten dollars, to be recovered as other debts are recovered in the 12 June 1858. District of Columbia, for each and every day the said obstruction may remain after the Penalty for placcommissioner shall have given notice for its removal. And if any person or persons in such streets. removing the paving stones or other work done by the authority of the United States, shall fail to replace the same to the satisfaction of the commissioner, within the time prescribed by him, he or they shall be subject to a penalty of twenty-five dollars for each and every failure, and shall moreover pay the costs of replacing the same; the How recoverable. whole to be recovered before any court in the District of Columbia having competent jurisdiction; and this and the preceding section shall continue in force until repealed by congress.
14 Stat. 466.
3. The office of commissioner of public buildings is hereby abolished; and the chief 2 March 1867 ? 2. engineer of the army shall perform all the duties now required by law of said commissioner, and shall also have the superintendence of the Washington Aqueduct and all Office of commisthe public works and improvements of the government of the United States in the Dis- and duties transtrict of Columbia, unless otherwise provided by law; and the sergeant-at-arms of the ferred to chief senate and the sergeant-at-arms of the house of representatives shall hereafter appoint army. the members of the capitol police.
engineer of the
15 Stat. 110.
4. No statuary, paintings or other articles, the property of private individuals, shall 20 July 1868 2 6. hereafter be allowed to be exhibited in the rotunda or any other portion of the capitol building; and it shall be the duty of the superintendent in charge of the public buildings to remove all such statuary, paintings or other articles, being the property of private individuals, now in the capitol.
I. COLLECTION OF PUBLIC MONEYS.
1. Acts authorizing deduction of expenses from the revenue, before payment into the treasury, repealed.
II. DISBURSEMENT OF PUBLIC MONEYS. 2. Collectors to act as disbursing agents.
perty to be ex
No private prohibited in the
Where there is no collector, secretary to appoint disbursing agent.
3. Disbursing officers to deposit public moneys.
4. Punishment of embezzlement by disbursing officers.
5. What to be deemed embezzlement, by bankers, &c.
I. COLLECTION OF PUBLIC MONEYS.
11 Stat. 337.
1. That from and after the said first day of July 1858, all laws and parts of laws 14 June 1858 § 2. which authorize the payment of the expenses, or any portion of the expenses of collecting the revenue from customs to any port or ports on the Pacific coast of the United States, out of the accruing revenue, before the same is paid into the treasury, shall be and hereby are repealed.
Acts authorizing penses from the
deduction of ex
revenue, before payment, repealed.
11 Stat. 327.
II. DISBURSEMENT OF PUBLIC MONEYS. 2. That the collectors of the customs in the several collection districts be and they 12 June 1858 17. are hereby and hereafter required, to act as disbursing agents for the payment of all moneys that are or may hereafter be appropriated for the construction of custom-houses, Collectors to act court-houses, post offices and marine hospitals, with such compensation, not exceeding agents. one-quarter of one per cent., as the secretary of the treasury may deem equitable and Compensation. just: (a) "And provided further, That where there is no collector at the place of loca- Where there is tion of any public work herein specified, the secretary of the treasury shall have power retary to appoint to appoint a disbursing agent for the payment of all moneys that are, or may be here- disbursing agent. after, appropriated for the construction of any such public work, with such compensation as he may deem equitable and just; and all laws and parts of laws in conflict with the provisions of this section be and the same are hereby repealed."(b)
no collector, sec
14 Stat. 64.
3. It shall be the duty of every disbursing officer of the United States having any 14 June 1866 § 1. public money intrusted to him for disbursement, to deposit the. same with the treasurer or some one of the assistant treasurers of the United States, and to draw for the same only as it may be required for payments to be made by him in pursuance of law; and all transfers from the treasury of the United States to a disbursing officer shall be by draft or warrant on the treasury or an assistant treasurer of the United States: Provided, That in places where there is no treasurer nor assistant treasurer of the United States, the secretary of the treasury may, when he deems it essential to the public interest, specially authorize in writing the deposit of such public money in any other public depository, or, in writing, authorize the same to be kept in any other manner, and under such rules and regulations as he may deem most safe and effectual to facilitate the payments to public creditors.
(a) See United States v. Shoemaker, 7 Wall. 338.
Disbursing offi cers to deposit public moneys.
(b) So amended by act 28 July 1866. 14 Stat. 341.