Page:United States Statutes at Large Volume 13.djvu/339

THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 174. 1864. 311 be claimed whenever the amount in controversy exceeds two thousand dollars, and, in other cases, on the certificate of the district judge that the adjudication involves a question of general importance. Notwithstanding District court such appeal, the district court may make and execute all necessary orders ;‘:);l£i€§;g;‘d?§?· for the custody and disposal of the prize property; and in case of appeal ,,pp,,,,;_ ° from a decree of condemnation, may still proceed to make a decree of distribution so far as to determine what share of the prize shall go to the captors, and what vessels are entitled to participate therein. Any prize _Prize cases i¤ cause now pending in any circuit court shall, on the application of all par- g;‘;‘%€°g;;E_ ties in interest, who have appeared in the cause, be transferred by that ferredtosiipreme court to the supreme court; and such transfer may be made, in the dis- °°¤”· cretion of the court, and on such terms as it may direct, on the application of any party: Provided, That if the amount in controversy does not ex- proviso_ ceed two thousand dollars, such transfer shall not be made unless the court shall certify that the adjudication involves a question of general importance. All appeals to the supreme court from the circuit court in prize Appeals_ causes, now remaining therein, shall be claimed and allowed in the same manner as in cases of appeal from the district court to the supreme court. In any case of appeal or transfer the court below, or the appellate court, may order any original document or other evidence to be sent up, in addition to the copy of the record, or in lieu of a copy of a part thereof Sec. 14. And be it further enacted, That all costs and all expenses inci— Costs and exdent to the bringing in, custody, preservation, insurance, sale, or other dis- Epgg in posal of prize property, when allowed by the court, shall be a charge upon property, unless, the same, and be paid therefrom, unless the court shall decree restitution &°· free from such charge. No payments shall be made from any prize fund, Rules for pay- except upon the order of the court. All charges for work and labor, ma- ‘“°“”· terials furnished, or money paid, shall be supported by affidavit or vouchers. The court may, at any time, order the payment, from the deposit made with the assistant treasurer in the cause, of any costs or charges accrued and allowed. When the cause is finally disposed of, the court shall make its order or orders on the assistant treasurer to pay the costs and charges allowed and unpaid ; and in case the final decree shall be for restitution, or in case there shall be no money subject to the order of the court in the cause, any costs or charges allowed by the court, and not paid by the claimants, shall be a charge upon, and be paid out ot, the fund for defraying the expenses of suits in which the United States is a party or interested. Sec. 15. And be it further enacted, That the court may require any Ouappeals, party, at any stave of the cause, and on claiminv an appeal, to give security "°“l”Y may b° for Costsl ¤ ¤ required for costs. Sec. 16. And be it further enacted, That the net amount decreed for _Net aniountrcr distribution to the United States, or to vessels of the navy, shall be ordered g‘:$*'l:;;‘;B‘}S*t‘:)bG by the court to be paid into the treasury of the United States, to be dis- paigmw ,,8,,,, tributed according to the decree of the court. And the Treasury Depart- ury- ment shall credit the Navy Department with each amount received to be Credits tv distributed to vessels of the navy ; and the persons entitled to share §:;{£:,pg;,;m_ therein shall be severally credited in their accounts with the Navy Department with the amounts to which they are respectively entitled. In case of vessels not of the navy, the distribution shall be made by the court to Distribution to the several parties entitled thereto, and the amounts decreed to them shall Vessels ¤°i °f tm be divided between the owners and the ship’s company, according to any Davy` written agreement between them, and in the absence of such agreement, one half to the owners and one half to the ship’s company, according to their respective rates of pay on board ; and the court may appoint a commissioner to make such distribution, subject to the control of the court, Commissioner who shall make due return of his doings, with proof of actual payments *° dlsmbuiev by him, and who shall receive no other compensation, directly or indirectly, than such as shall be allowed him by the court: Provided, That in case of vessels not of the navy, but controlled by any department of the gov-