100%

United States Statutes at Large/Volume 3/14th Congress/1st Session/Chapter 56

From Wikisource
Jump to navigation Jump to search


April 16, 1816.
Chap. LVI.—An Act in addition to an act, entitled “An act in relation to the navy pension fund.”

Act of March 2, 1799, ch. 24, sect. 9, 10.
Act of March 26, 1804, ch. 48.
Proceeds of sales of prize vessels—how to be paid over and disposed of.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases of prizes captured by the public armed ships of the United States, which shall be sold under the order of the proper prize court, by interluctory or final decree, it shall be the duty of the marshal of the United States, making the sale, to pay the proceeds thereof into the registry of the proper court, within thirty days after such sale shall be made and closed, and immediately upon the payment into the registry of the proceeds as aforesaid, it shall be the duty of the clerk of the court to deposit the same in some bank to be designated by the judge or judges of the court, subject to the order and distribution of the court as in other cases, and when the said prizes shall have been duly condemned, it shall be the duty of the court to direct the share of such prizes belonging to the United States, to be forthwith carried in the account with such bank, to the credit of the treasurer of the United States, on account of the navy pension fund, and copies of the certificate of such deposit and credit shall be thereupon transmitted to the treasurer of the United States, on account of the navy pension funds, and copies of the certificate of such deposit and credit shall be thereupon transmitted to the treasurer of the United States and to the Secretary of the Navy, as soon as may be, by the clerk of such court; and the share of such prizes belonging to the captors, deposited as aforesaid, shall be paid over the parties entitled, or to their authorized agent or agents, upon the order of the proper court in term, or of the judge or judges of such court in vacation.

Marshal’s and clerk’s duty prescribed with respect to prize accounts.Sec. 2. And be it further enacted, That it shall be the duty of the marshals of the several districts of the United States, and of the clerks of the respective courts of the United States, to state and settle their respective accounts in all cases of prizes captured as aforesaid, specifying therein all costs and charges taxed, claimed and paid by them, and to submit the same to the proper court, having cognisance thereof, for examination and allowance, within sixty days after a final adjudication of such causes, unless a different time shall be assigned by such court; and thereupon such courts in term, or any judge thereof in vacation may proceed summarily to hear, examine, and allow the same accounts, and, after such allowance, one copy of the same accounts shall be filed among the records of the court, and another copy shall be transmitted by the clerk of the court to the Secretary of the Navy, within thirty days after the allowance thereof.

District attorney’s duty also prescribed.Sec. 3. And be it further enacted, That it shall be the duty of the district attorneys of the respective districts of the United States to transmit to the Secretary of the Navy a statement of all prizes captured as aforesaid shall be libelled, condemned, or restored, at each term of the district and circuit courts, within their respective districts, as soon as may be after the conclusion of each term, and to accompany such list with a schedule and invoice of the various articles composing the cargoes of such prizes.

Clerks may be compelled to fulfil the directions prescribed.Sec. 4. And be it further enacted, That the respective courts of the United States, before whom a libel against any prizes captured as aforesaid, shall be pending, or by whom a decree of condemnation and distribution of such prizes shall have been awarded, shall have full power and authority in the exercise of their admiralty and maritime jurisdiction, to issue a monition and other proper process to compel the marshal and clerk to perform, and obey the requisitions of this act; and upon the complaint of the United States or any person interested in the premises, summarily to hear and examine the same, and to make such award, order and decree therein, as to justice and law shall appertain. And if the marshal or clerk shall wilfully refuse, or unreasonably neglect to perform and obey any of the requisitions of this act; the party so refusing or neglecting shall further forfeit and pay to the United States the sum of five hundred dollars for every such refusal or neglect.

Extra allowance to accountant of navy department.Sec. 5. And be it further enacted, That there shall be allowed to the accountant of the Navy Department for his extra services in collecting, stating and settling the accounts of prize money belonging to the navy pension fund, the annual sum of three hundred dollars, to be paid quarter yearly out of the navy pension fund.

Marshals to make payments for proceeds of prize vessels into the registry of the court.Sec. 6. And be it further enacted, That wherever sales of prizes, captured as aforesaid, have been made before the passing of this act, and the proceeds thereof have not been paid into the registry of the proper court, or finally distributed under its order, it shall be the duty of the marshal, who made the sale, within six calendar months from the passing of this act, or such shorter reasonable time as may be assigned by the court, or the judge or judges thereof, to pay into the registry of the court the proceeds of such sale, with a written account of the costs and charges, attending the same, and to submit the same account for examination and allowance to the court, or the judge or judges thereof; and in like manner it shall be the duty of the respective clerks of the district courts, within six calendar months from the passing of this act, or such shorter reasonable time as may be assigned by the proper court, or the judge or judges thereof to present to such court, or the judge or judges thereof, for examination and allowance, a particular account of their fees and charges, in all cases of prizes captured as aforesaid, where such account has not been already presented and allowed; and after such account shall be examined and allowed, it shall be filed among the records of the court, and a copy thereof, duly attested, shall be transmitted by the clerk of the court to the Secretary of the Navy; and if any marshal or clerk shall neglect or refuse to perform the duties herein required, he may be proceeded against in the proper court, in the manner provided in the fourth section of this act.

Commissioners of the navy pension fund may increase the allowance to invalids.Sec. 7. And be it further enacted, That in cases where the allowance of the half monthly pay, which may now be granted by law, to officers, seamen, and marines, disabled in the service of the United States, shall, in the opinion of the commissioners of the navy pension fund, from the nature and extent of the disability, and the situation of the party disabled, be inadequate to his necessary subsistence, the said commissioners shall be, and hereby are, authorized, in their discretion, to increase such allowance to any sum not exceeding the full amount of the monthly pay to which the party so disabled was by law entitled in the said service.

Approved, April 16, 1816.