Page:United States Statutes at Large Volume 13.djvu/343

 THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 174. 1864. 315 of the United States under like circumstances of recapture ; and when no R€¤¤Pf¤¤'¢¤· 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 No partof salas salvage shall be decreed to the captors, and no part to the United *512;*; g>§;>§;> the States, and shall be distributed as in the case of proceeds of property con- ul E a S' demned as prize. Sec. 30. And be it further enacted, That if it shall appear to the court, £¤P*“'°€ P*°P‘ in the case of any prize property ordered to be sold, that it will be for the sfaisiiédio interest of all parties to have it sold in another district, the court may another district direct the marshal to transfer the same to the district selected by the court {Or $**1* 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, and keep and sell the same in like manner as it' 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. Sec. 31. And be it further enacted, That if any person shall wilfully Wilfully acting do any act, or aid, assist, or advise, in the doing of any act relating to the §;{a"::‘é;f;vd*' bringing in, custody, preservation, sale, or other disposition of any prop- calm,} or craig,. erty captured as prize, or relating to any documents or papers connected MMS, &¤-. l10W with the property, or to any deposition or other document or paper con- punished` nected 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 line not exceeding ten thousand dollars, or by imprisonment not exceeding five years, or both, at the discretion of the court. Sec. 32. And be it further enacted, That in the term " vessels of the ·r€,-m··-essays navy " shall be included, for the purposes of this act, all armed vessels {fthe ¤¤Vy" tv oflicered and manned by the United States, and under the control of the "'dude what Department of the Navy. _ Src. 33. And be it further enacted, That the provisions of this act shall ,T;’(s£f;;° f‘P* be applied to all captures made as prize by authority of the United States, fgés, gm, P or adopted and ratitied by the President of the United States. Sec. 34. And be it further enacted, That this act shall apply to all emit? p€¤di¤z prize proceedings now pending. pT°°°€dmgS' Sec. 35. And be it further enacted, That the act entitled "An act pro- Repeal of acts viding for salvage in cases of recapture," approved on the third day of °fQ,?°;i°h‘ 11% March, in the year eighteen hundred, and the act entitled "An act in'pl ` ` addition to the act concerning letters-of-marque, prizes, and prize goods," 18;;;, cy,_13_ approved on the twenty-seventh day of January, in the year eighteen V0}- ii- P· 792 hundred and thirteen, and the act entitled “An act in addition to an act entitled an act in relation to the navy pension fund," approved on the sixteenth day of April, eighteen hundred and sixteen, and an act entitled 18lti,·ch. 5G.' "An act to facilitate judicial proceedings in adjudications upon captured V°l· ‘”· P· 28* property and for the better administration of the law of prize," approved 0n the twenty-fifth day of March, eighteen hundred and sixty-two, and G362é£hi)5g(_h