Page:United States Statutes at Large Volume 13.djvu/342

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314 THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 174. 1864. of appraisers. And any money deposited in lieu of stipulation, and all money collected on a stipulation, not being costs, shall be deposited with theassistant treasurer in the same manner as proceeds of a sale. Ifcaptured Sec. 27. And be it further enacted, That whenever any captured ves-

:2*b&°‘· “ sel, arms, munitions, or other material shall be taken for the use of the

y govern- r . . . . ment perm? 5; is government before it comes into the custody of a prize court, it shall be i¤_°¤St0<lY of surveyed, appraised, and inventoried by persons as competent and imlm" °°°"‘ partial as can be obtained, and the survey, appraisement, and inventory shall be sent to the court in which proceedings are to be had; and if taken afterwards, sufficient notice shall first be given to enable the court to have the property appraised for the protection of the rights of the claimants and captors. In all cases of prize property heretofore taken for, or appropriated, to the use of the government, or that shall hereafter be so taken or appropriated, the department for whose use it was or shall be taken or appropriated, shall deposit the value thereof with the assistant treasurer of the United States nearest to the place of the session of the court, subjec; to tl; order lplf the coun; the cause. { h Proceedin sfor Sec. 28. ml it ur er emzcte , hat in case o any capture ere- ¤d%“d§¤*i°¤gl£’W tofore made, or`zill hereafter be made, if by reason of its condition, 2§m,:€:;g,£°,;° or because the whole has been appropriated to the use of th; United property is not States, no art of the ca tured ro ert has been or can be sent in or adju- “°“" “‘· &°· dication, of) if the captniied proberily bl; entirely lost or destroyed, proceedings for adjudication may be commenced in any district the Secretary of the Navy may designate. And in any such case the proceeds of anything sold, or the value of anything taken or appropriated for the use of the government, shall be deposited with the assistant treasurer in or nearest to that district, subject to the order of the court in the cause. It] when Wnenpaptors no property can be sent in for adjudication, the Secretary of the Navy m“Y.‘“S“““t° l”`°‘ shall not, within three months after any capture, designate a district for procee mgs,t e captors may institute piocee ings or ceedmgl the institution of d` h' · d` rr f Proceedings adjudication in any district. And it, in any case of capture, no proceedf;I;e;gn‘;g’;;;§¤df' ings for adjudication shall be commenced within a reasonable time, any proceedings, ° partiesfclai-ming the fcaptured property pray, in anyhdistri? court, das a court o rize, move or a monition to s ow cause w y suc procee ings shall not lbe commenced, or institute an original suit in such court for restitution, and the monition issued in either case shall be served on the attorney of the United States for the district, and on the Secretary of the Navy, as well as on such other persons as the court shall order to be notined. S¤lV¤s¤¤"<>1‘¤·=- Sec. 29. And be it further enacted, That when any vessel or other °apt°"°' property shall have been captured by any force hostile to the United States, and shall be recaptured, and it shall appear to the court that the same had not been condemned as prize before its recapture, by any competent authority, the court shall award a meet and competent sum as salvage, according to the circumstances of each case; and if the captured property belonged to the_United States, it shall be restored to the United States, and there shall be paid from the treasury of the United States the salvage, costs, and expenses ordered by the court; and if the recaptured property belonged to persons residing within or under the protection of the United States, the court shall adjudge the property to be restored to its owners upon their claim, on the payment of such sum as the court may award as salvage, costs, and expenses; and if the recaptured property belonged to any person permanently resident within the territory and under the protection of any foreign prince, government, or state in amity with the United States, and by the law or usage of such prince, government, or state, the property of a citizen of the United States would be restored under like circumstances of recapture, it shall be adjudged to be restored to such owner upon his claim, upon such terms as by the law or usage of such prince, government, or state would be required of a citizen