Page:United States Statutes at Large Volume 18 Part 1.djvu/976

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904 rms uv.-rmzn. Ibid-. B- 18· respecting the same, and shall have a commission of one·quarter of one per centum on vessels, and of one-half of one (per centum on all other prize- roperty, calculated on the gross procee s of each sale; and if, after Ee has had any prize-property in his custody, and has actually performed labor and incurred res nsibilibty for the care and preservation thereof, the same is taken by the) Uni States for its own use without a sale, or if it is delivered on stipulation to the claimants, he shall, in case the same is condemned, be entitled to one-half the above commissions on the amount deposited by the United States to the order of the courts, or collected upon the stipulation. No charges of the marshal for expenses or disbursements sha be allowed, except upon his oath that the same have been actually and necessarily incurred for the purpose stated. Compensationof Sec. 4646. The district attorney and prizecommissioners, except the <li¤¤"l¢§ ¤ft¤¤'¤9y naval officer, shall be allowed a just and suitable compensation for their gf; p`_;‘“"°°"‘""“` respective servicrs in each prize-cause, to be adjusted and determined by °the court, and to be paid as costs in the cause. Ibid., s. 20.—Blatch. Pr. Cas., 595. _Acco¤mt¤ of dis- Sec. 4647. Each district attorney and prize-commissioner, except the

      • 9* ”‘*°"“°Y °!‘d naval officer, shall render to the Attorney—General an annual account of

§;;,;$_`°°m ml °` all sums he shall have received for all services in prize—causes within the ~———— revious year; and the district attorney shall be allowed to retain there- ,,§°g*g;°·`}8f;»°- ilom a sum not exceeding three thousand dollars a year, in addition to 312j’’p' the maximum com nsation allowed to be retained by him; under the 22 June, 1870, ie. rovisions of Title EIII, "Tm=: JU1>rcunr," or in addition to any salar lm. ¤-15, V- 16.P- he may receive in lieu of such maximum compensation; and each such 16* prize-commissioner shall be allowed to retain a sum not exceeding three thousand dollars a (year, which shall be in full for all his official services in prize-causes; an any excess over those respective amounts shall be 1d by the officer receivinp the same into the Treasury of the United States, and shall be credite to the fund for paying naval pensions. Compensationot Sec. 4648. The court may allow such compensation as it deems just wecial c¤¤m¤¢l· under the circumstances of each case to any special counsel for captors, go ,nms,1ge4, c_ not being the district attorney or any of his assistants, whether appointed 174, s. 23, v. 13, p. by an Executive Department or by captors, for services actualy ren- 313- dered 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 to participate in the distribution of the proceeds. Payment oi tees Sm. 4649. Fees of special counsel in prize-cases incurred or authorized of special ¤¤¤¤¤¤l· by any Department, or for the defense of captors against demands for ' Ibid_, ,,_ 24_ damages made by claimants in the district court, not paid by claimants, nor from the prize-fund in the particular cause, and audited and allowed b the Department incurring or authorizing them, and by the Solicitor oil the Treasury shall be a charge upon, and paid out of, the funds appropriated for de laying the expenses of suits in which the United States is a party or intereste . [Sn ss SM. M8-365-1 Commission, of Sec. 4650. The auctioneers employed to make sales of rize—property auctioneers. shall be entitled to receive commissions by a scale to he established

 by the Secretary of the Navy, not to exceed, in any case, one-half of

’ one per centum on any sum exceedin ten thousand dollars on vessels, nor one per centum on that sum on other prize-property, which shall be in full for expenses, as well as for services; and in case no such scale shall be estab ished, they shall be entitled to receive such compensation as the court shall deem just under the circumstances of each case. Pumjm of fm 4651. Whenever the court shall allow fees to any witness in n of “·nn€sm_ prize-cause, or fees for taking evidence out of the district in which the ···——······ court sits, and there is no money subiect to its order in the cause, the