THIRTY—EIGHTH CONGRESS. Sess. I. Ch. 174. 1864. 313 any excess over those respective amounts shall be paid by the officer re- Excess to be ceiving the same into the treasury of the United States, and shall be lmd °"°’· credited to the fund for paying naval pensions. Sec. 22. And be it further enacted, That the auctioneers employed to A¤¤ti<>¤¢<¢¥¤’ make sales of prize property shall be entitled to receive commissions by p“y’ &°' a scale to be established by the Secretary of the Navy, not to exceed, in any case, one half of one per centum on any sum exceeding ten thousand dollars on vessels, nor one per centum on said sum of other prize property, which shall be in full for his expenses, as well as their services; and in case rio such scale shall be established, they shall be entitled to receive such compensation as the court shall deem just under the circumstances of each case. Sec. 23. And be it further enacted, That in any case of capture here- Special counsel tofore made, or that may hereafter be made by vessels of the navy, the {0* °°P““`S· Secretary of the Navy may employ special counsel for captors, when, in his judgment, the services of such special counsel are needed in the particular case, for the due protection of the interests of the captors and of the navy-pension fund; and under the direction of the Secretary of the Navy such counsel may institute and prosecute such proceedings in the case as may be necessary and proper for the protection of such interests. The court may allow such compensation as it shall deem just under the Court may allow circumstances of each case to special counsel for captors, not being the °°‘“P°“”“°"· district attorney or any of his assistants, whether appointed by a department of the government or by the captors, for services actually rendered in the cause, to be paid as costs, in whole or in part either from the entire fund or from the portion awarded to the captors; but no such allowance shall be made except for services rendered on matters as to which the party the counsel represents has an adverse interest to the United States, or an interest otherwise proper in the opinion of the court to be represented by special counsel, or for services rendered in a contestation between parties claiming fo participate in the distribution of the proceeds. Sec. 24. And be it further enacted, That fees of special counsel in Fees °fSP°°l¤l prize cases incurred or authorized by any department of the government, ggggggiitgobshat or for the defence of captors against demands for damages made by claim- fund. ants in the district court, not paid by claimants, nor from the prize fund in the particular cause, and audited and allowed by the department incurring or authorizing them, and by the solicitor of the treasury, shall be a charge, upon and paid out ot, the funds appropriated for defraying the expenses of suits in which the United States is a party or interested. Sec. 25. And be it further enacted, That whenever the court shall allow fees to any witness in a prize cause, or fees for taking evidence out Witness fees, of the district in which the court sits, and there is no money subject to its Mw to bs P”ddorder in the cause, the same shall be paid by the marshal, and shall be repaid to him from any money deposited to the order of the court in said cause; and any amount not so repaid the marshal shall be allowed as witness fees paid by him in cases in which the United States is a party. Sec. 26. And be it further enacted, That no prize property shall be Prize property delivered to the claimants on stipulation, deposit, or other security, except $2* ‘° l’° d"‘. . . in ered to claimwhere there has been a decree of restitution and the captors have appealed aw, 0,, ,,;,,,1;,,- therefrom, or where the court, after a full hearing on the preparatory tion, &c., unless, proofs, has refused to condemn the property on those proofs, and has given &°‘ the captors leave to take further proofs, or where the claimant of any property shall satisfy the court that the same has a peculiar and intrinsic value to him, independent of its market value. In any of these cases, the court may deliver the property on stipulationor deposit of its value, if it shall be satisfied that the rights and interests of the United States and captors, or of other claimants, will not be prejudiced thereby, a satisfactory appraisement being drst made, with an opportunity given to the district attorney and naval prize commissioner to be heard as to the appointment voL. xrrr. Pun. — 27
