Page:United States Statutes at Large Volume 18 Part 1.djvu/973

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Trrm: uv.-—PRIZE. 90] sale with the assistant treasurer nearest to the lace of sale, subject to the order of the court in which the adjudication daemon is pending. The necessary expenses attending the insurin , transferring, receiving, keeping, and selling the property shall be a charge upon it and upon the proceeds thereof; and whenever any such expense is paid in advance by the marshal, and he is not repaid from the proceeds, any amount not so repaid shall be allowed to him, as in case of expenses incurred in suits in which the United States is a party. The Secretary of the Navy mav, in like manner, either by a general regulation or by special direction in any cause, require a marshal to transfer any prize-property from the district in which the judicial proceedin s are pending, to any other district for sale; and the same proceedings dliall be had as if such transfer had been made by order of the court. [Sw s 5441-1 Sec. 4630. The net proceeds of all property condemned as prize, shall, SWR of <=¤P*¤¤'¤· when the prize was of superior or equal force to the vessel or vessels making the capture, be decreed to the captors; and when of inferior Tim E“UY»8C"·· force, one—half shall be decreed to the United States and the other half 1°§DW(L° gg; to the captors, except that in case of privateers and letters of marque, the The iimptsh, 5 whole shall be decreed to the captors, unless it shall be otherwise provided‘Wall., 376: The in the commissions issued to such vessels. [See SS 4752. 4769-] S°l'”°·· 1 L°“’·» 30- Sec. 4631. All prize-money adjudged to the captors shall be distrib- Distribution of uted in the following proportions: P’°°°°d° *° °°P‘ First. To the commanding officer of a fleet or squadron, one—twentieth TLT_ part of all prize money awarded to any vessel or vessels under his imme- Ibidiate command. 252 J"? 18% '·'· Second. To the commanding officer of a division of aileet or squadron, on duty under the orders of: the commander-in-chief of such fleet or Th6iF<>¤·¤l¤d squadron, a sum equal to one—iiftieth part of an prize—money awarded f2g““°“· 3 W“H·· to a vessel of such division for a capture made wllile under his command, ` such iiftieth 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; but such iiftieth part shall not be in addition to an 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 ca ture. Third. To the Beet-captain, one-hundredth part of all prize-money awarded to any vessel or vessels of the fleet or squadron in which he is 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 case he shall share, in proportion to his pay, with the other oflieers and men on board such vessel. Fourth. To the commander of a single vessel, one—tenth part of all the prize-mone · awarded to the vessel un er his command, if such vessel at the time of the capture was under the command of the commanding officer of a fleet or squadron, or a division, and three-twentieths if his vessel was acting independently of such superior officer. Fifth. After the foregoing deductions, the residue shall be distributed and proportioned among al others doing duty on board, including the lleet-captain, and borne upon the books of the ship, in proportion to their respective rates of pay in the service. Sec. 4632. All vessels of the Navy within si_gnal—distance of the vessel Whatvessel are or vessels making the capture, un er such circumstances and in such entitledtosham. condition as to be able to render effective aid, if required, shall share in 30 June, N64"""; the rize; and in case of vessels not in the Navy, none shall be entitled 174, s. 10, v. 18, p. to share except the vessel or vessels making the capture; in which term 3.°l__ shall be included vessels present at and rendering actual assistance in Th°SV=¤:1¤<gM¢r- the capture. §l:€§h?¤P,,_ 84. Sec. 4633. No commanding officer of a iieet or squadron shall be en- whatommmm titled to receive any share of tprizes captured by any vessel or vessels entitled toshare. not under his command, nor 0 such prizes as may have been captured ‘ hy any vessels intended to be placed under his command, before they g4_ ,_10,§,_ 13,, (Q have acted under his orders. Nor shall the commanding officer of a 309. _