FOURTEENTH
Congress, Session I, Volume 3, Chapter 56.
An Act in addition to an act, entitled
"An act in relation to the navy pension fund."
Sec. 1. 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 vessels of the United States, which shall be sold under the order
of the proper prize court, interlocutory 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 deposite [sic] 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 the account of the navy pension
fund; and copies of the certificate of such deposite 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 to 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.
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 cognizance 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.
Sec. 3. And be
in 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, which 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.
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.
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 quarterly‑yearly, out of the navy
pension fund.
Sec. 6. And be
it further enacted, That, whenever sales of prizes captured as aforesaid,
have been made before the passing of this act, and the proceed 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 to 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, 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.
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 same service.
Approved, April 16, 1814.
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