Page:United States Statutes at Large Volume 12.djvu/636

 606 THIRTY-SEVENTH CONGRESS. Suss. II. C11. 204. 1862. according to the evidence, into the matter now before you, without partiality or prejudice." . Oathwjudge After which the president shall administer to the judge advocate, or ¤dv¤¤¤l>¤- person officiating as such, the following oath or aihrmation : " You do swear (or aillrm) truly to record the proceedings of this court and the evidence to be given in the case in hearing? Kighw ¤f¤¤&>- Sec. 2. And be it further enacted, That the proceeds of all ships and adjudged lgood good prize, shall, when of equal or superior force to the vessel or vessels P""- making the capture, be the sole property of the captors; and when of inferior force, shall be divided equally between the United States and the officers and men making the capture. P*¤**ll>¤*l°¤ °f Src. 3. And be it further enacted, That the prize money belonging to PMB m°"°y' the oilieers and men shall be distributed in the following manner: Commander of First. To the commanding officer of a fleet or squadron, one twentieth “°°*· &°· part of all prize money awarded to a vessel or vessels under his immediate command. _ Commander of Second. To the commander of a single ship, one tenth part of all prize °'"gl° ’?l"p‘ money awarded to the ship under his command, if such ship, at the time of making the capture, was under the immediate command of the commanding oflieer of a ileet or squadron, and three—twentieths if his ship was acting independently of such superior officer. Omen doing Third. The share of the commanding officer of the fleet or squadron, ‘l“‘J' °” b°“"‘*· if any, and the share of the commander of the ship being deducted, the residue shall be distributed and apportioned among all others doing duty on board, and borne upon the books, according to their respective rates of pay in the service. Apponianmsnt Fourth. When one or more vessels of the navy shall be within signal
 * °}l€,;;§;°'§;__° vessels, and the goods taken on board of them, which shall be adjudged
 * ’§s‘;°’;zl°:,iB_ distance of another making a prize, all shall share in the prize, and

mm2_ g money awarded shall be apportioned among the officers and men of the several vessels according to the rates of pay of all on board who are borne upon the books, after deducting one-twentieth to the flag-ofheer, if there be any such entitled to share. Who not anti- Fifth. No commander of a fleet or squadron shall be entitled to receive Pnor of such prizes as may have been taken by ships or vessels intended to be placed under his command before they have acted under his immediate orders; nor shall a commander of a ileet or squadron, leaving the station where he had the command, have any share in the prizes taken by ships left on such station after he has gone out of the limits of his said command, nor after he has transferred his command to a successor. pc,.S°,,Stcmp0_ Sixth. No officer or other person who shall have been temporarily rnrily ubs•:nt,>&c- absent on duty from the vessel, on the books of which he continued to be ;l“'° pl'" borne while so absent, shall be deprived, in consequence of such absence, of any prize money to which he would otherwise be entitled. Bounty rm- v,.. Sec. 4. And be it further enacted, That a bounty shall be paid by the ¢£=:1§lg¢3¤`3>‘¢¢i, W United States for each person on board any ship or vessel·of-war belongp,,,;`,;,,;,,;,? ing to an enemy at the commencement of an engagement which shall be sunk or otherwise destroyed in such engagement, by any ship or vessel belonging to the United States, or which it may be necessary to destroy in consequence of injuries sustained in action, of one hundred dollars, if the enemy’s vessel was of inferior force; and of two hundred dollars, if of equal or superior force; to be divided among the officers and crew in the same manner as prize money; and when the actual number of men on board any such vessel cannot be satisfactorily ascertained, it shall be estimated according to the complement allowed to vessels of their class in the navy of the United States; and there shall be paid as bounty to the captors of any vessel-of-war captured from an enemy, which they may be instructed to destroy, or which shall be immediately destroyed for the
 * l§F;e°° *h*“`° °*` any share of prizes taken by vessels not under his immediate command;