Page:United States Statutes at Large Volume 18 Part 1.djvu/974

 902 'lrrns Lrv.-—PRIZE. The ir<>¤·¤l¤d fleet or uadron leavin the station where he had command, have an f;5l‘°“‘• 8 wm-- share insthe prizes takengby ships left on such station after he has genie ° out of the limits of his command, nor after he has transferred his command to his successor. No officer or other person who shall have been temporarily absent on duty from a vessel on the books of which he continued to be borne, while so abwnt, shall be delprived, in consequence of such absence, of an prize·money to which e would otherwise be entitled. And he shalycontinue to share in the captures of the vessels to which he is attached, until regularly discharged therefrom. Dcterminationof Sec. 4634. Whenever a decree of condemnation is rendered, the court 'h”°°· shall consider the claims of all vessels to participate in the proceeds, Ibid., s. 9. and for that purpose shall, at as early a stag? of the cause as possible, order testimony to be taken tending to s ow 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 notar public, or any officer of the Navy highest in rank, reasonably accessible to the dezlonent. The court shall make a decree of distribution, determining w t vessels are entitled to share in the rize, and whether the prize was of superior, equal, or inferior force to tliie vessel or vessels makin the capture. 'The ecree shall recite the amount of the gross proceedg of the fprize subject to the order of the court, and the amount deducted there rom for costs and expenses, and the amount remaining for distribution, and whether the whole of such residue is to 0 to the captors, or one—half to the captors, and one-half to the United States. Bounty for per- Sm. 4635. A bounty shall be paid by the United States for each person ¤°{*¤ °¤ k *5* on board any ship or vessel of war belonging to an enemy at the comzgyggu °r °` mencement of an engagement, which is sunk or otherwise destroyed in such en gement by any ship or vessel belonging to the United States Il"d··'·u·P·3l°· or whichuit 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 prizemoney; 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 its 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 ma be instructed to destroy, or which is immediately destroyed for the public interest, but not in consequence of injuries received in action, fifty dollars for every person who shall be on board at the time of such capture. Appeals and Sec. 4636. The Supreme Court may, rf, in its judgment, the purposes amendments in of justice require it, allow any amendment, either in form or substance, P¤‘i¤¤·<>¤¤¤¤- of any appea in prize cases, or allow a prize appeal therein, if it ap ars 8 Mu., 1873, c. that an notice of appeal or of intention to appeal was tiled witlifc the 230, n. 2. v· 17, p- clerk ofvthe district court within thirty days next after the rendition of, 556- the dual decree therein. is- ss n•••. mu Powers of dis- Sec. 4637. Notwithstanding any appeal to the Supreme Court, the districwovrtnfwrap- trict court may make and execute all necessary orders for the custody and Wl- disposal of the prizeproperty; and in case of appeal from a decree of 80June, 1864, c. condemnation, may sti l proceed to make a decree- of distribution so far 174, S- 13, v· 13. P· gg to determine what share of the rize shall go to the captors, and Wlwt 310* vessels are entitled to participate therein. [¤•• 5 W-1 Seem-ltytorcosts. Sec. 4638. _The court may require any party, at any stage of the cause, Ibid_,s"l5’p_3u_ and on claiming an appeal, to give security for costs. Costsandexpem Sec. 4639. All costs and all expenses incident to the bringing in, cus- ¤°¤· tody, preservation, insurance, sale, or other disposal of prize-property .L.E_,_.l$ when allowed by the court, shall be a charge upon such progrty, and W'£,ll°'l;5§P£QL° shall be paid from the proceeds thereof, unless the court s ll decree UA], C_(j],,_2u: restitution free from suc charge.