Chapter CLXXVIII. to facilitate the Settlement of certain Prize Cases in the Southern District of Florida
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Chap. CLXXVIII.— An Act to facilitate the Settlement of certain Prize Cases in the Southern District of Florida.July 20, 1868. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That$ 50,000 to be accepted in settlement of claims of the United States against the estate of James C. Clapp, and the sureties on his bond, after release, &c.;to be with other sums deposited with assistant treasurer at Washington to meet decrees of distribution in certain prize causes. the Secretary of the Treasury is hereby authorized and directed, upon the execution and delivery to him by the administratrix of the estate of James C.
Clapp, deceased, late United States marshal for the southern district of Florida, of a proper written release of all claims and demands for, or on account of, all costs, charges, fees, and expenses due, or claimed to be due, the said Clapp as marshal aforesaid, or to his estate, in any prize or other cases in said district, to accept from said administratrix the sum of fifty thousand dollars in full satisfaction of all claims and demands of the United States against the estate of the said James C.
Clapp, anil against the sureties in said Clapp’s official bond, and that said sum of fifty thousand dollars when paid, together with the sums now on deposit with the assistant treasurer in New York to the credit of the said Clapp and to the credit of the United States district court for the southern district of Florida, shall be deposited with the assistant United States treasurer at Washington, District of Columbia, subject to the order of the United States district court for the southern district of Florida, for the purpose of meeting decrees of distribution or restitution in the following prize causes pending in said district:
Schooner Lucy No. 1, the cargo of the steamer121FORTIETH CONGRESS. Sess. II. Ch. 178, 179. 1868. dela,Names of causes. schooner Alicia and cargo, schooner Isabel and cargo, the steamer James Battle, schooner Diana and cargo, schooner Sea Lion and cargo, the cargo of the steamer Nita, steamer Pearl and cargo, schooner Teresa No. 2, steamer Union, steamer Victor and cargo, and schooner John Williams. Sec. 2. *And be it further enacted,* ThatSecretary of Navy to deposit appraised value of certain prize steamers taken into naval service.Amounts, how to be distributed. the Secretary of the Navy is hereby authorized and directed to deposit with the assistant United States treasurer at Washington, District of Columbia, the appraised values of the prize steamers Adela and Nita, condemned in said district court, and taken into the naval service, and, after deducting all proper charges and expenses, a moiety of the same shall be distributed under the decree of the said district court, according to law, among the captors entitled to share in said prizes, the steamers Adela and Nita respectively, and the remaining moiety of the same shall be subject to the order of the said district court, as hereinafter provided.
Sec. 3. *And be it further enacted,* ThatSufficient fund to be retained to await final decrees; of the moneys mentioned in the first section of this act, when deposited as herein provided, there shall be retained by the said district court a sufficient fund to await final decrees in those of the cases enumerated in the first section of this act, wherein appeals have been taken to the Supreme Court of the United States,balance, with, &c. to be distributed among captors. and that the balance of said moneys, together with one half of the appraised values of the prize steamers Adela and Nita, mentioned in the second section of this act, shall be distributed as prize-money among the captors in those of the cases enumerated in the first section of this act, in which final decrees of condemnation have been entered and which are ready for distribution, without reference to the interest of the United States in any and all of the said cases, which said interest of the United StatesInterest of the United States relinquished. in each of the said cases, and the proceeds for distribution therein, as well as the interest of the United States in the appraised value of the prize steamers Adela and Nita, is hereby relinquished for distribution to the captors in those of the cases enumerated and mentioned in the first section of this act wherein decrees of condemnation have been or shall be entered, and for payment to the claimants in those of said cases wherein final decrees of restitution have been or may be passed;What sum to be paid into treasury in each case. and that in each of said eases wherein final decrees of condemnation and distribution have been or shall be entered, the sum to be paid into the treasury of the United States for distribution to the captors shall be one half of the gross proceeds of sale in said cases, less the costs taxed and allowed by the court:Certain sums to be paid to the credit of navy pension fund.United States not liable for Clapp’s defalcation. *Provided,* That any sum or sums remaining after execution of all decrees of distribution and restitution as hereinbefore provided, be paid into the treasury of the United States to the credit of the navy pension fund: *And provided further,* That nothing herein contained shall be deemed an admission on the part of the United States of any liability for the defalcation of the said Clapp as marshal aforesaid.
Approved, July 20, 1868.