thereto, the court may make such order; and no appeal shall operate to prevent the making or execution of such order.

R. S. § 4627, U. S. Comp. Stat. 1901, p. 3131.

The above section was carried forward into the Revised Statutes from an act of 1864.15

§ 1323. Mode of making sale.

Upon a sale of any prize-property by order of the court, the Secretary of the Navy shall employ an auctioneer of known skill in the branch of business to which any sale pertains, to make the sale, but the sale shall be conducted under the supervision of the marshal, and the collecting and despositing of the gross proceeds shall be by the auctioneer or his agent. Before any sale the marshall shall cause full catalogues and schedules to be prepared and circulated, and a copy of each shall be returned by the marshal to the court in each cause. The marshal shall cause all sales to be advertised fully and conspicuously in newspapers ordered by the court, and by posters, and he shall, at least five days before the sale, serve notice thereof upon the naval prize-commissioner, and the goods shall be open to inspection at least three days before the sale.

R. S. § 4628, U. S. Comp. Stat. 1901, p. 3131.

The above section was carried forward into the Revised Statutes from an act of 1864.16

§ 1324. Transfer of property to another district for sale.

Whenever it appears to the court, in the case of any prizeproperty ordered to be sold, that it will be for the interest of all parties to have it sold in another district, the court may direct the marshal to transfer the same to the district selected by the court for the sale, and to insure the same, with proper orders as to the time and manner of selling the same. It shall be the duty of the marshal so to transfer the property, and keep and sell the same in like manner as if the property were in his own district; and he shall deposit the gross proceeds of the sale with the assistant treasurer nearest to the place of sale, subject to the order of the court in which the adjudication thereon is pending. The necessary expenses attending the insuring, transferring, receiving, keeping, and selling the property shall be a charge upon it and upon the pro

15 Act June 30, 1864, c. 174, § 8, 13 Stat. 308.

16 Act June 30, 1864, c. 174, § 8, 13 Stat. 308.

ceeds thereof; and whenever any such expense is paid in advance by the marshal, and he is not repaid from the proceeds, any amount not so repaid shall be allowed to him, as in case of expenses incurred in suits in which the United States is a party. The Secretary of the Navy may, in like manner, either by a general regulation or by special direction in any cause, require a marshal to transfer any prize-property from the district in which the judicial proceedings are pending, to any other district for sale; and the same proceedings shall be had as if such transfer had been made by order of the court.

R. S. § 4629, U. S. Comp. Stat. 1901, p. 3132.

The above section was carried forward into the Revised Statutes from an act of 1864.19

A vessel which, after condemnation, is taken by the marshal into another district for sale, remains under the actual jurisdiction of the court wherein condemnation was had; and a third person who claims to have rendered salvage service to her in such other district, will not be allowed to libel her there to recover compensation.20

§ 1325. Security for costs in prize cases.

The court may require any party, at any stage of the cause, [i. e. a prize case] and on claiming an appeal, to give security for costs.

R. S. § 4638, U. S. Comp. Stat. 1901, p. 3135.

The above section was carried forward into the Revised Statutes from an act of 1864.2

§ 1326. Costs and expenses.

All costs and all expenses incident to the bringing in, custody, preservation, insurance, sale or other disposal of prize-property, when allowed by the court, shall be a charge upon such property, and shall be paid from the proceeds thereof, unless the court shall decree restitution free from such charge.

R. S. § 4639, U. S. Comp. Stat. 1901, p. 3135.

The above section was carried forward into the Revised Statutes from an act of 1864.4 If it appears that probable cause for capture existed, all'

19 Act June 30, 1864, c. 174, § 30, 13 Stat. 315.

20In re White Star, etc. Co. 91 Fed. 285.

2 Act June 30, 1864, c. 174, § 15, 13 Stat. 311.

4 Act June 30, 1864, c. 174, § 14, 13. Stat. 311.

costs and expenses may be charged against the vessel, though restitution of the vessel herself is awarded.5

§ 1327. Payment of expenses from prize fund.

No payments shall be made for any prize-fund, except upon the order of the court. All charges for work and labor, materials 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 of, the fund for defraying the expenses of suits in which the United States is a party or interested.

R. S. § 4640, U. S. Comp. Stat. 1901, pp. 3135, 3136.

The above section was carried forward into the Revised Statutes from an act of 1864.7

§ 1328. Accounts of clerks of district courts.

The clerk of each district court shall render, to the Secretary of the Treasury and the Secretary of the Navy, a semi-annual statement of all the sums allowed by the court, and ordered to be paid, within the previous half-year, to the district attorney and prizecommissioners for services, and to marshals for fees and commissions; and he shall, in all prize-causes in the district, for the purpose of the final decree of distribution, ascertain and keep an account of the amount deposited with the assistant treasurer, subject to the order of the court, in each prize-cause, and the amounts ordered to be paid therefrom as costs and charges, and the residue for distribution; and shall send copies of all final decrees of distribution to the Secretary of the Treasury and the Secretary of the Navy; and shall draw the orders of the court for the payment of all costs and allowances, and for the distribution of the residue.

5 The Olinde Rodrigues, 174 U. S. 510, 43 L. ed. 1065, 19 Sup. Ct. Rep. 851. See also The Buena Ventura,

175 U. S. 395, 44 L. ed. 210, 20 Sup. Ct. Rep. 148.

7 Act June 30, 1864, c. 174, § 14, 13 Stat. 311.

For these services he shall be entitled to receive the sum of twentyfive dollars in each prize-cause, which shall be in full for the services required by this action.

R. S. § 4644, U. S. Comp. Stat. 1901, p. 3137.

The above section was originally enacted in 1864.8

§ 1329. Allowances and commissions to marshals.

The marshal shall be allowed his actual and necessary expenses for the custody, care, preservation, insurance, sale or other disposal of the prize-property, and for executing any order of the court 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-property, calculated on the gross proceeds of each sale; and if, after he has had any prize-property in his custody, and has actually performed labor and incurred responsibility for the care and preservation thereof, the same is taken by the United 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 commission 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 shall be allowed, except upon his oath that the same have been actually and necessarily incurred for the purpose stated.

R. S. § 4645, U. S. Comp. Stat. 1901, p. 3137.

The above section was originally part of the act of 1864.9 Since 1896 marshals have been placed upon a salary basis.10

§ 1330. Compensation of district attorney and prize commissioners.

The district attorney and prize-commissioners, except the naval officer, shall be allowed a just and suitable compensation for their respective services in each prize-cause, to be adjusted and determined by the court, and to be paid as costs in the cause.

R. S. § 4646, U. S. Comp. Stat. 1901, p. 3138.

The above was part of the prize act of 1864.12 Since 1896 district attorneys have been placed upon a salary basis in lieu of fees.13

8 Act June 30, 1864, c. 174, § 17, 13 Stat. 312.

10 Ante, §§ 633, et seq.

The act

12 Act June 30, 1864, c. 174, § 20,

9 Act June 30, 1864, c. 174, § 18, 13 Stat. 312. 13 Stat. 312.

13 Ante, § 509, et seq.

Just mentioned, however, did not repeal the above section nor the one fol lowing, as to district attorneys. The services of such officers in prize causes are special, and the court may properly make a suitable allowance14 whether the services are rendered within or without the district.15

§ 1331. Accounts of district attorney and prize commissioners. Each district attorney and prize commissioner, except the naval officer, shall render to the Attorney General an annual account of all sums he shall have received for all services in prize-causes within the previous year; and the district attorney shall be allowed to retain therefrom a sum not exceeding three thousand dollars a year, in addition to the maximum compensation allowed to be retained by him; under the provisions of Title XIII., "The Judiciary," or in addition to any salary he may receive in lieu of such maximum compensation; and each such 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; and any excess over those respective amounts shall be paid by the officer receiving the same into the Treasury of the United States, and shall be credited to the fund for paying naval pensions. R. S. § 4647, U. S. Comp Stat. 1901, p. 3138.

The above section was carried forward into the revised statutes from act of 1864.17 It is not repealed by an act of 1896, putting district attorneys on a fee basis.18

§ 1332. Commissions of auctioneers.

The auctioneers employed to make sales of prize-property shall be entitled to receive commissions by a scale to be established by the Secretary of the Navy, not to exceed, in any case, one half of one per centum on any sum exceeding ten thousand dollars on vessels, nor One per centum on that sum or other prize-property, which shall be in full for expenses, as well as for services; and in case no such scale shall be established, they shall be entitled to receive such compensation as the court shall deem just under the circumstances of each case.

The above section was part of the Prize act of 1864.19

14The Adula, 127 Fed. 853.

15 Ibid.

18 See ante, § 1330, note.

19 Act June 30, 1864, c. 174, § 22,

17 Act June 30, 1864, c. 174, § 21, 13 Stat. 313.

13 Stat. 312.