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IT ; t . - r-vs- -j."' ,r- . - I ? 1 X' k BSEW . y ORTH CAROLINA, AUGUST 22,; 1864, W 4- It I 11.11 I lit M I - I J t I I v - w f v i . I 111 111 ,d It II . 1 i I I I I ? I I I m I I 1 I . I I i I , , I llltl II rflF NORTH CAROLINA TIMES i3 PUBLISHED .SEMI-TVXEKLY B V. V GEOBQE MlLIiS JOY, ; if NE W BERNE,. NORTH CAROLINA.- rnlou, ,Uie Constitution and Kotorccmcnt or tb Uwfi j O FFI C IAL WOF THE UNITED SrATE3.: j.mialthe Tint Session of the Thittytgkth Pcblic No. 149. is act to rcgukte priza poceedings ind the distribution other purposes. of priza money,, and for U it enacted by the Senate. and House of Irrtscntativcs of the United cstaJts of Amer 7j in Cbngress assembled, T-bat it shall be te duiy of th. commandiog pfScerofaoy i3s l cr vessels makiog a capture to secure lis documents of the ship and cargo,-includ-2 the log book, with all other documents, 'jra aod other papers found -on board. i-4 mike an inrentorv of the court in which . feedings are to be had, with awritten btemeot that they are all the papers ionnd ud io the 'condition in which" they were ':ahJ, or explaining the absence of any do .arjents cr papers or any change in theuv Qiiition. Ue ' shall send to said court, as r.tiiesses. the mister, one or more of the er cEcers, the supercargo, purser,, or. cent of the prize and any person found on xard whom he may suppose to be interested a or to have knowledge respecting the title, utfonal chaMCter, or destination, of the -rize. He shall send the prize, with thedoc inetts, papers, and witnesses, under charge J competent prize master and prize crew, :to port for adjudication, explaining the ab jeacecf any usual witnesses, ard in the ab ce of instruction fom superior Authority a to the pert to which it shall be sent, be Kill select such port as he shall deem most iCTeoient in view of the interests of proba te claimants, as well as of tne captors, 11 Recaptured vessel or any part of the cap ped property is'not in condition to be sent s! r adjudication, a survey shall.be had :-eieon and an appraisement ma'de by per- r its as competent ana .impartial as can iw bu'med, and their reports shall te sent to ecoaitin wnicn proceedings are to oe d;aod such property, unless appropria ni lor the use of j the Government, shall be s &bv the. authority of the commandiog 5cer present, arid the proceeds deposited nh the assistant treasurer of the United most accessible to said court, and sub- :t to' its order in ,the cause. - Sec o And be U further enacted. That if vessel of the United Statei shall claim sAare in the prize, either aa having made a capture, or as having been within signal v.ance cf the vessel or vessels making the. ;tare. the cemmandine officer of such ves- V iLall make out a written statement of his ;m, with the groauds on which it is res i, the principal facts tending to slow what lse's made the capture. an i . what .vessels I '-e witnm signal distance ot toose maKing Capture. .with reasonable par.t;cularity as tices, distances, localities, and signals e, seen, or answered ; aod such stated Fl of claim shall be signed by him and .t.to court in which proceedings ! shall be aud shall be filed in the caose. ; c. 3. And be i? further enacted. That it hti be the duty.of.tba prize master to'make 4 way diligently to the selected port and f re immediately deliver to a prize commit cer the documents and papers and, the TeStory thereof, and make affidavit i that -:eT are the same and in the same condition delivered to him.or explaining any absence cnge of condition therein, and that the ' e property is in the same condition as 'lYered to him : or explaining any loss or Fs?ge thereto ; and he shall further report rt&e district atlnrnev. and oiva ti him all :s ''formation in bia possession resptcting M piize and her capture ; and he shall deli i orer the persons sent as witnesses to the K-iiody of the mars Lai, and shall retain the IB iq bis custody until it shall , be taken -e.t!rom by process lrom the prize couit, ?ec. 4. And be it jurther enacted,' That the 'TLey ui the United States for the district Y-K immediatelyfile a libei agaiust such 1 1 tronertv. and shall forthwith nhtAm in 1 W J v m wm ww ... rrant fronl the court directing the mar-, ; to take it into his oustody. and shall 3ceed diligently to obtain a condemnation1 iiiiiuuiioa uueitoi, ana vo vna uu sw that the proper preparatory,,; evi tea is taken by the prize commissioner, l that the prizo commissioners : also take u depositions de bene esse of he prize xfrew' aod, otber- transient, persons cognizant of any fici bearing J? a coodemtxitioa or A i tnbution U l alsa be the duty of the district attoraey td represent the interests of the Ignited States in all prize causes, and he shall not act as separate counsel for the cap 'tors 'n' any priyate retainer or conipensa-; tion from them, unless in a question between1 the daimantsj and the captors on a demand for "damages.. ATbe ."district." attorney shall examine all fees, costs, and expenses, sought to'be chargedLon the prize fond ; protect the interest of. the. captors and of the United States. The district attorneys of all districts ; In, which any pnze causes are or may be pending shalk as often as once.. in three tnonths, send to ibe' Secretary of the Navy a statement of the condition of all prize causes peuum ia locir. aisincu, la'sucn lorm aau embracing such particulars as the Secretary of the.-Navy. require. .. ...... , Sec. 6. And be it further ' enacted. That any district court may appoint prize com- missionereVbt'-exceeding" three in' nurin ber, of whom one.shall beia retired naval officer, approved by the Secretary of the Navy who shall receive no other compensation than his pay in the navy,1 and who shall protect the interests of r the captors and .. of the depart ment of the navy in the prize property, and at least one of the others shall be a member of the bar of the court, of not less than three years' j standing, f and ' acquainted with' the taking of depositions. . .;; - r Sec: 6.' And bf ii further . enacted, T- at the prize comrHsiooew.oroneof them shall receive fromthe prize "hiasteV the documents and papers and inventory thereof, and i shall take the affidavit of the prize m'aster herein before required, and shall forthwith Uke the testimony of the witnesses sent in, separate from each other, on interrogatories, prescr b ed by 'tbe court; id the manner usual in prize courts, and the. witnesses shall not be per-mitte-J to see the interrogatories, documents, or' papers, or to consult with counsel or witl any persons interested, without special nu thority from the )court ; and the witnesses who have the rights of neutrals shall be dis charged as soon as practicable;.. The prize commissioners, shall also take depositions de bene esse of the prize cre w and others; at tbo request of the district attorney, on interro gatories prescribed by the court. They shall also, as soon ax any prize property comes within the district for adjudication, examine the same and make an inventory thereof, sfounded on . an actual examination, , and re port to the tcourt; whether any pari of it is in a condition requiring immediate sale for the interests of ail parties,, and notify the district attorney thereof ; and if it be neces- sary to tne examination or masing 01 tne inventory that th cargo, be unladen, 'they, shall apply to the court lor an order to the, rrarshal to nnlade the same, and shall from time to time report to the court any thing relatiog to the condition of the property or its custody or disposal which- may require any action by. the court but the custody of the property shall be only in the marshal. They shall also Seanablyiretaro joto court sealed and secured from inspection, the do- Cumeul f&au ..papers i wiuuu - auau -u juio u their hands, duly scheduled and numbered. and the other preparatory evidence tasen de wuo CmC uuu luctr uwu! muiouiuij ut iuo prize propertjr inJf thecaptured vessel or any ot-itaf cargaor-siorea are sucn tnai,- in their judgment, may -be useful to t be Gov ernment in war, they shall report the same to the SecrfiAbCtboavyi fUC'-V, Sec. 7. And be t jurther enacted. I hat the marshal shall safely "keep all prize property under" warrant from the court, and shall re port to tbe court any cargo or other property that he tb'inks requires' to be unladen aud stored or to ' be sold. He shall insure prize propertyif iix hti judgojent'Ht is for the in terest of all ooncerrjed. r: Ha ithall .keep in his custody all persons found- oo board a prize ana sent in as witnesses, until iuey are re leased by the prize a mmissione's 'or the court. If a sale, of property is ordered, he shall' sell the same in the manner required by the court, and collect the purchase money and forthwith 'deposit the grots proceeds of the 6a lea with the Assistant Treasurer of th-j United States nearest the place of sale, sub ject to the order ofthe court in the particu lar case ; and each marshal snail forward to ' the Secretary of the Navy, whenever and as often as he may require . it, a full statement ofthe condition or each .prize and 'ofthe disposition made thereof. ; ;v ; - ' '. "Sec. 8. And be ' it further enacted; That , f .whenever, any prize property ; shall be con demned, s cr shall at any . stage ot the pro ceedihgs be found by the col rt to. be perish ing, perishable, or ' liable deteriorate or depreciate, or v whenever the cost of keeping" the same, shall be disproportionate ' to its value, it shall be the ' duty of the court to order a sale thereof ; and wehnever, after' the return day. on (he libel j all tLe parties in interest who .have appeared in the cause shall agree thereio", the court is authorized to make such order, and no appear shall ope rate 10 prevent the making or execution of such"brder v The Secretary cf the Navy shall employ y an " auctioneer or a action eera . o t known ' skill ia the branch of business to wbick any; sale , pertains, ta . make the .sale, but the sale shall ' be conducted; under the supervision of the marshal, and the collcct-' ing and depositing cf the gross proceeds shall be by the auctioneer or bid agent. .'.Before any sale the marshal shall. cause full catalo gue and schedules to be prepared and cir culated, and a copy of each shall be returned by the raarshi r tpi the cour t o each cause . The marshal cause all sales to be advertised fully and conspicuously in. 'newspapers or dered, by the court, and by posters, and he shall at least five days before' the. salo, serve notice thereof upon the naval prize commis sioner, ; and the goods shall be open to in spection at last three days before the sale.": -; Sec 9. And be it further-, enacted. That in. case a decree of condemnn tion shall be ren dered, the court shall consider the claims of alf vessels to. participate in the proceeds, and for that purpose shall, .at as early a 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, enlitled'toj share, and such testimony may be sworn to before - any judge or commis sioner of the courts of the United ,Sttes, consul or ! commercial agent of the United States, br notarv nublic. or anv officer of the navy highset io rank'reasonably accessible I to the deponent., . The court shall make a decree of distribution, determining what, ves- sets ate entitled to share in the prize was of super or, 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.aad the amount deducted therefrom for coots, and expenses, and the amount re maining for i distribution, and whether the whole, of subh residue is to go tp- tho cap ,torsr or one-half to the captors, and one-hall to the United State?., - Sec, 10. And be it further enacted. That the net proceeds of all property condemned as prize shall, when the prize was of sppe-. rior, or equal . force i to the vessel. or vessels making the capture, be decreed tor the cap tors; and when of.inferior lorce, ouehif shajl be .decreed to the United States and 'the other half to the c ptors ; Provided, That, in case of privateers and letters of marque, the whole shall be decreed to the captors, unles it shall be otherwise provi-; ded in the commissions issued to such ves sels. All vessels of the '.navy within signal distance of the vessel or vessels making the capture, under such circumstances aod in such condition as to be able to render effec tiva aid if, required, shall share in the prize; and in case or 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 cap ture and rendering -actual assistance in the 'capture. , All prize, money . "judged to the captors" shall be distributed i.. the following proportio s, namely : k First. To the comruaulia4 officer of a: fleet or. squadron. i)ne-tweutieth part of all prize money awarded to auy ves.-el or ves sels uuder his immediate command. , Second. To the commanding officer ut - a division of a fleet or squadron, on duty un der the orderaof the commander-in-chief of auch fleet or sqaadron.a . sum equalj to one fifteenth part of any prize money awarded to a vessel of such, division for a capture, madewhile under his command, the said fiftieth part to be deducted from the moiety dae to the United States, if there be such moiety, otberwis from the amount awarded; to the captors: Provided, That, such fitticth; part shall not be in addition to any share which may be due to the coannander of the division,; aud which he may elect to receive, J as commjnde.s ot a single . ship making- or assisting iu the capture. s; ot . rhiid.. To f the fleet captain, v. one huu dredth part of all! prize money awarded to aoyves.'el or ycsselsof the fleet or squadron inwhich he, is- serving, except in a case where the capture is made by the vessel on board of which be is serving at the time of aucb ; capture; and - in such cise he shall share, iu proportion to t his t. pay, with the other officers .and men on board such vessel, as is hereinafter provided. - t -t ; ; Fourth. To the commander of a single ship, one-tenth part of, all the prize moa6y awarded to the ship under, his command tfN such . ship j at the,, time of the capture was under the command of the commanding of ficer of a fleet or squadron, or a division, aud three-twentieths if his ship was acting iode- pondently of such superior oil'cer.- ' Fil:h. -After the foregoing deductions, the residue shall be distributed and propor' tiooed among all others doing duty on board, (including the fleet captain,) and borne up on the books of the ship, in proportion to iheir respective rates of p y in the service. No commanding . officer . of a ; fleet - or squadron shall bet entit'ed.rtot receive any share of prizes captured by any , vessel or vessels not under his command, nor of such prizes as may have been -kcaptu red by any ships or vessels intended to be placed under his command, before they r have acted under his ordeis. Nor shall the commanding officer of a fleet or squadron,- leaving the station where he had command, have any share in the, prize takepJvJP5 leftoo such. station. after,he has, gone .out of:ibe; limits of hi said cbmmahdi nor -alter Ve Vita's itransferred his-? command to hU successor;-' officer or ether penjon who shall have been tempora rily -absent on-duty; frpm a vessel on the. books of which he" continued to be borne wnile so. absent, shall be deprived. in conse qutuce of such absence of ; any j prize money to v which he wb uld other wlie n be , entitled. And he shall continue to; share in' the cap tures ol the vesse8 to which he is attached until r egularly discharge therefrom; . . i K I 'Sec. 11. And be M father -enacted, That a bounty shall be paid by the" United States for each person bo beard any ship or vessel ''of-war 'belonging to an enemy at the com mencement of an 'engagement. which'shaTI be sunk or otherwise "destroyed iio such en gagement by any ship or vessel belonging to the united States, or -which it may be neces sary to" destroy iuf 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 fbrcel to be divided among the offi cers -and crew in the same manner as prize money; and when the actual number of men on board any such' vessel cannot be satisfac torily ascertained, it shalt be estimated ac cording to the complements allowed to jves sels 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 may be instruc ted to destroy, or which shall be immediate ly 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 r such ' capture, v All ransom mone v salvage, bounty, or proceeds of condemned property, accruing or award ed to any vessel: of the navy, shall be dis tributed and paid to the officers and men en titled thereto in' the same manner 'as prize money, under the direction of the Secretary of the Navy. ; :; ' ;v 1 I 'J - j Sec. 1 2. And be it further enacted, hzX every assignment of prize or bounty moneys or wages, due to persons eolisted in . the na val service, and all powers of attorney " or other authority to draw, receipt . for,," or transfer th& same shall be void, - unless the Same be attested by. the captain, or other commanding officer, and the pay master; andi in case of-any : assignment of wages,' the same 6hall r specifiy the precise time When hey com mence; : But the commanding offi cer of every vessel is required to discourage his crew from selling any part of their prize money or wages, and never to attest any phwer of attorney until he is satisfied that the same is. not granted in- consideration of money; given 'for, the 1 purchase of -prize money or. wages. - " - - : ; SeciiZ." And be it further enacted, That appeals from the district courts of the United States m prize causes shall be directly to the Supreme Court, and shall be made within thirty day s of the rendering of the 'decree ; appealed from, ! unless 'the court shall pre viously nave ' excenuea tne cime lor cause shown in the 'particular case, ' and the Su preme Court Shall - always be " open - for the entrv of such appeals. r ; Such 1 appeals may be claimed whenever the amount in control versey exceeds two thousan d dollars, and in other cases on i the certificate of the district judge that the adjudication -involves a ques-l tion of general? importance.! xjot withstand ing 'such 1 appeal, the' district court - may make and execute all ' pecessary ordera for the custody and ; disposal of the prize prop erty; and in case of appeal from a decree of condemnation, may ssill proceed to make a uecree ot aisi.riour.ioa so iar as 10 uetermme what share of the prize shall go to the cap tors,1 and what vessels are entitled to partic ipate therein. Any. prize cause now pending in any circuit com t shall, on the application of all parties in interest who have appeared in the cause, be transferred by that court to the Su preme Court ; and -such -transfer may be made, in he-discretion of the court and on such terms as tit may.'direct'-ori the ap plication of ahy- party : Provided,- That if the amount in cout rp versey - does not exceed ' two thousand dollars, such transfer' shall not be made unless thel court shall certify that the adjudication involves a qusstion of gen eral importance. iAU appeals to the Supreme Court from the circuit court in prize causes' now remaining therein shall be claimed and allowed in the , same manner, as in cases of appeal from the district court to the Supreme Court. J In" any case oappeil or, -transfer! the court below, or the appellate court, may) order any original document or other evi dence 'to be sent up, in additioq to the copy of .the record, or in lieu of a copy; of a part thereof.. Sec. H;! And be it further enacted. That all costs and all expenses 'incident to the bringing in, custody, preservation insurance sale, or i other disposal4 of prize I property when allowed by the court, shall be a charge upon the same, and be paid therefrom , un f less thexourt shall decree 'restitution free from such charge. No, payments shall be made from any prize fund, except upon 'the order of court; ; All 'charges for Work and labor, materials 'furnished; or money paid, shall be supported by affidavit or vouchers. The court 1 may I at any ! time order the 'pay ment, from the deposit fmade with the As sistant Treasurer in the cause, of any costs? or charges, accrued and allowed; Wheri the? cause is finally f disposed of the court shall " make its order or orders on the Assistant Treasu rer to pay thV costs and ; charges ( ali lowed and unpaid; and In case - the final de cree shall be for restitution,' or;in case there shall be no money subject to he order pf the court in the cause, any costs'or charges; allowed by the 'court,' aud not paid by the claimants, shall be a charge -upon ' and be paid out of the; fund for defraving 'the ex penses of jsuits : in which the United States is a party of interestedi-f r?s' ftj-pitiMi Secl6ri4flU the court Tmaytrequira any vpartjrV atany stage of the cause, iand ' on' claiming an ap peal; to give security Wcosu. i-w 1 rSec. l6And be U further enaciedki the net amount decreed for 'distribution tc? tho United States rorto Vessels of the navy shall be ordered by the coHrt to be paM Into the Treasury of the United States; to be dis tributed according, to the decree: of the court. And the Treasury Department shall credit the Navy Department with each amount re ceived to be distributed to ?veisels of the oai vy ; x and . the persons i cn titled to . share thereiu shall be severally: credited lo thef r accounts with the Na?y Department witb the amounts to which they are' respectively entitled. X: In case of vessefa not of the naw - the distribution shall be made by the court : w vuo ovciot: p(ut eauuea thereto, and the amounts decreed to them shall h ed between the ownersRahd the shinV enm.l pany, according to ' any written j agreement between them, and in the absence-of arich agreemen t,J one-hal f to the o wners and one half to the ship's comoan v: aerrlim t their respective rates of . pay on board and ' the court may .appoint .a commiasionari make such distribution; subject to the con-! trot ofthe court;who shall make dna retnml of hn doings, i with proof, of actual : pay ments by him; j and ; who shall : receive oo1 other "compensation; directly . or indirectly than such as shall be allowed him bv;tha court : Provided, That in case of vessels nbt' r of the navy, but controlled by any Depart ment of the Government, the whole amount decreed to the captors shall ba divi) amorig the ship's company. :: : v 3. ! 1 Sec, -17. And be it fvrther enacted. That the clerk of each district -court' shall render to the Secretary of the Treasury and the! oecrecary or the JMavy..a semi-annual state ment, beginning with the -first day of July nextrof all the sums allowed bv thel ennrt and ordered to be paid, within the previous half year,, to the district attorneyand prize commissioners for. services, and to marshals for fees and commissions :; and he: shall, in ii (iiix.c.uuusus in ino uisiricc, ror the pur-j pose of the . final decree of distribution; as-j certain and keep an account of the amount 4 deposited with the Assfstant Treasurer, sub- , jece io tne order of the. court; in each prize cause, andthefambuuts ordered to be paid therefrom as costs' and charges, and the res idue for distribution and hall-send copies of all final decrees of distribution -to the Secretary of the Treasury, and the Secretarv of f he Navy; land shall i.draw, the orders of. the court for the payment of all costs andi w alio wahcesand; for the'.distribntioo - of - the residue. And for the said services he shall , be entitled to receive the sum of twenty-five ' dollars in each prize cause, j which shall be r 7 in full for the services - required by. this Bee u .Mndbtti'1 the marshal shall be ailowej his actual and! necessary expenses for the custody; care, h preseryation, insurance, sale; br.!other dis posal, of the prize, property, tnd for. execut-j if ing 5anjr order, of . the court ; respecting the same, and shall : have a 'commission of one- -: quarter o per centumlon vessels, and of one- s half of ,one:per iCentam on all other prize, property, calculated, on thev gross ; proceeds of each 'sale ;!andiff after he shall? have had r j any, prize property in . his custody, and shall - j have.actually; performed : labor! and incurred i TeipQnsibiUty'for;:the:cara-d:tprea thereof, :. the i same .shall be :i taken?i by the United States for its own use without a sale. "i or if- it shall be delivered op:nSti6uIatiotito ! luei- maioiauK: jjetisnau.Tin case ins same u-i shall be condemnedp.be -entitled to cne-half V ; the .above commissions on.' the : amount' de-!: . posited by the United States: lo the order of ' the cpq yx't or collected: upani t he :st ipu lation No. charges of .the: marshal, tor expenses ori' disbursements shall be allowed, except upon nis oain tnat ine same: nave, oeen' actually : and necessarily . incurred for' the: parpose ' stated.' : J ts-.i'... X''i- I Sec. 9,.JjuZ Be ii further enacted, That neither the marshal nor the cleTk shalb be i permitted to retain f.ir all official services.' of i every kind, excepting those ia prize causes, more . than the: maximum -compensation al- lowed to ? be' retained , by him by thee third section, of the act i of the twentvsixth of l February, eighteen hundred and -tifty-three; ; nor. shall the additional compensation whtch 1 either of said officers shall be permitted to , : detain for all services, of every kind, iu prize causes, exceed one-half the maximum com- I pensation allowed to them, respectively, by the atoresaid act. ::' 1 u;..- ,r. p 1 f iSec. 20: And.be it farther enacted, Th&V the district attorney and prize commission-1 era, except the naval officer, shall-be alio wit ed a just and suitable compensation for their respective services in each prize cause; to be adjasted and determined by.the court and . to- be paid as costs :in .the cause. i:j sir'M I IQfiC.hAnd be it further enacted, That each district attorney and prize commission- er, except : the naval bfficter,. shall 'render tcr , the Secretary of the Interior an aonual- ac-J , count, beginning with the.first day of July next, of all sums he shall have received .fori all services in the. prize, causes within the j previous year ; .and : the j district attarovy shall . be allowed to. retain .therefrom a 'turn not exceeding . three.; thousand . dollars fbi j .each jear, in addition ta the maximum com- pensation allowed to be retained by him by Vl the; third section of the act of the twenty- sixth JFebruary,. eighteen hundred, arid fifty three, or. in .addition to any salary.he may receive iq lieu of such maximum compensa tion ; -And a each ; such : prize, commissioner 'shall be allowed, to retain a sumjiojt exceed-' ing three thousand dollars for (each-; yearf f ' which shall be m iull for aitbis official ser : ; vices' in prize jcauses ; and - any excess Over w ,1 i 4 i 1 I . , 1 v 7.
New Berne Times (New Bern, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Aug. 22, 1864, edition 1
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