Page:United States Statutes at Large Volume 13.djvu/337

 THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 174. 1864. 309 marshal shall cause full catalogues and schedules to be prepared and cir- Sales to be culated, and a copy of each shall be returned by the marshal to the court ¤dV°m“d· in each cause. The marshal shall cause all sales to be advertised fully and conspicuously in newspapers ordered by the court, and by posters, and he shall, at least five days before the sale, serve notice thereof upon the naval prize commissioner, and the goods shall be open to inspection at least three days before the sale. Sec. 9. And be it further enacted, That in case a decree of condem- _C¤¤¤‘¤¢·>d¤- nation shall be rendered, the court shall consider the claims of all vessels ggillglllggevglsséig to participate in the proceeds, and for that purpose shall, at as early a prize. stage of the cause as possible, order testimony to be taken tending to show what part should be awarded to the captors, and what vessels are entitled to share, and such testimony may be sworn to before any judge or commissioner of the courts of the United States, consul, or commercial agent of the United States, or notary·public, or any officcr of the navy highest in rank, reasonably accessible to the deponent. The court shall make a. decree of distribution, determining what vessels are entitled 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 said decree shall recite the amount of the gross proceeds of the prize subject to the order of the court, and the amount deducted therefrom for costs and expenses, and the amount remaining for distribution, and whether the whole of such residue · is to go to the captors, or one half to the captors, and one half to the United States. Sec. l0. And be it further enacted, That the net proceeds of all prop- Net proceeds of erty condemned as prize shall, when the prize was of superior or equal P}‘iZ€_S. how to b° force to the vessel or vessels making the capture, be decreed to the cap- distributed' tors; and when of inferior force, one half shall be decreed to the United States and the other half to the captors: Provided, That, in case of privateers and letters-of-marque, the whole shall be decreed to the captors, unless it shall be otherwise provided in the commissions issued to such vessels. All vessels of the navy within signal distance of the vessel or what Vessel, vessels making the capture, under such circumstances and in such con- to share. dition as to be able to render effective aid if required, shall share in the prize; and in case of vessels not of the navy, none shall be entitled to share except the vessel or vessels making the capture, in which term shall be included vessels present at the capture and rendering actual assistance in the capture. All prize money adjudged to the captors shall be distrib- _ uted in the following proportions, namely:- hP’°lf°'“°”S °f First. To the commanding officer of a fleet or squadron, one twentieth S giijmmande,. part of all prize money awarded to any vessel or vessels under his imme- of fleet or squaddiate command. mn? Second. To the commanding officer of a division of a fleet or squadron, otcoznmauder on duty under the orders of the commander-in-chief of such fleet or g€;{“S‘°“ °f squadron, a sum equal to one fiftieth part of any prize money awarded to ’ a vessel of such division for a capture made while under his command, the said itlftieth part to `be deducted from the moiety due to the United States, if there be such moiety, otherwise from the amount awarded to the captors: Provided, That such fiftieth part shall not be in addition ‘ to any share which may be due to the commander of the division, and [_ which he may elect to receive, as commander of a single ship making or _ assisting in the capture. ’ Third. To the fleet-captain, one hundredth part of all prize money ofileet-captain; i awarded to any vessel or vessels of the fleet or squadron in which he is i serving, except in a case where the capture is made by the vessel on board of which he is serving at the time of such capture; and in such i case he shall share, in proportion to his pay, with the other officers and men on board such vessel, as is hereinafter provided. of commando: t Fourth. To the commander of a single ship, one tenth part of all the °f““*%l° mpi