Chapter L. *to facilitate Judicial Proceedings in Adjudications upon Captured Property, and for the better Administration of the Law of Prize.* March 25, 1862. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Prize commissioners, That whenever an
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Chap. L.— An Act *to facilitate Judicial Proceedings in Adjudications upon Captured Property, and for the better Administration of the Law of Prize.* March 25, 1862. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Prize commissioners, That whenever any property captured as prize shall be brought into any district of the United States for adjudication, it shall be the duty of the prize commissioners for such to receive and keep captured property,district forthwith to receive, seal, and safely keep the same, until process shall be issued out of the court, under which the same shall be placed in the custody of the marshal of such district.
It shall be the further duty to examine and report if any is perishable, &c.of said prize commissioners, at the time of taking such possession, and from time to time pending the adjudication, to examine into the condition of said property, and report to the court if the same, or any part thereof, be perishing or perishable, or deteriorating in value; and if the same be found by the court, upon said report or other evidence, the court may thereupon order an interlocutory sale thereof by the United States marshal, and the deposit of the gross proceeds of such sale in the registry of the court to abide the further order of the court, whether a claim to said to receive papers and documents.property has or has not been interposed.
It shall he the further duty of the said prize commissioners to receive from the prize master all the papers and documents, and forthwith to proceed to take the testimony of the witnesses prescribed by law, pursuant to the rules and under the interrogatories adopted by the court, and separately from each other and unattended by counsel, and the said papers, documents, and testimony, securely to seal with their seals, and as soon as practicable deposit in the Court to adjudicate promptly.registry of the court; and thereafter, promptly and without unnecessary delay, the court shall proceed to hearing and adjudication.
Sec. 2. Protage, wharfage, &c., how audited, allowed, and paid.*And be it further enacted*, That all reasonable and proper claims and charges for pilotage, towage, wharfage, storage, insurance, and other expenses incident to the bringing in and safe custody and sale of the property captured as prize, shall be a charge upon the same, and having been audited and allowed by the court, shall, in event of a decree of condemnation or of restitution on payment of costs, be paid out of theTHIRTY-SEVENTH CONGRESS.
Sess. II. Ch. 30, 51, 52. 1862.375 proceeds of any sale of the property, final or interlocutory, in the custody of the court. In case of a decree of restitution upon payment of costs, where no sale has been made, such charges and expenses shall constitute part of said costs to be paid by the claimant. Sec. 3. *And be it further enacted*, That the prize commissioners,Pay of prize commissioners and of district attorney, and also the district attorney, acting for the United States, and the counsel for the captors, shall be entitled to receive a just and suitable compensation for their several and respective services in each prize ease or proceeding; and the same shall be adjusted and determined by the court upon due considerationhow determined and paid. of the facts and circumstances of each case and of the services actually rendered therein; and the same, when so adjusted, shall, in case of final condemnation or restitution on payment of costs, be paid out of*Post*, p. 760. the proceeds of the prize property in the custody of the court, or when no sale has been made, in whole or in part, as the court may direct by the claimant.
Sec. 4. *And be it further enacted*, That whensoever a final decree ofProceedings upon final decree of condemnation. condemnation of property captured as prize shall have been made, unless an interlocutory sale has been made as hereinbefore provided for, the property shall be sold by the United States marshal pursuant to the practiceSale,—proceeds of sale. and proceedings in admiralty, and the gross proceeds of such sale shall be forthwith deposited in court; and thereupon the prize commissioners shall proceed, under the direction of the court, to take the requisite evidence, and report the same to the court, to the end that a final decree shall be made determining what public ships of the United States are entitledShares of public vessels. 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 within thirty days after the entry of the same the clerk of the court shall transmit to the Treasury of the United States the moneys so deposited in court, together with a certified copy of the said decree, aller deducting from said moneys the costs of court and the charges and expenses hereinbefore provided for.
Sec. 5. *And be it further enacted*, That the provisions of this actTo what cases this act shall apply. shall apply as well to eases now pending as to all future cases of maritime captures, and to captures and seizures made under the laws for the abolition of the slave trade; and all laws and parts of laws inconsistent herewith are hereby repealed. Approved, March 25, 1862.