A Treatise On the Law of Shipping And the Law And Practice of Admiralty volume
A Treatise On the Law of Shipping And the Law And Practice of Admiralty volume
Theophilus Parsons
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* ' Act of 1 8G4, c. 1 74, § 1 6. ^ j^id. § 1 7. * Such compensation was not allowed previously to the passage of this act. The Victory, 2 Sprague, 22G. * Act of 1864, c. 174, § 18. CH. XIII. ] PRIZE CAUSES. 469 Neither the marshal nor the clerk are permitted to retain for their official services, of every kind, excepting those in prize causes, more than the maximum compensation allowed to be re- tained by him by the third section of the act of the twenty-sixth of February, eighteen hundred and... fifty-three ; and the additional compensation which eitlier of said officers is permitted to retain for all services, of every kind, in prize causes, is not to exceed one half the maximum compensation allowed to them, respectively, by the aforesaid act.^ The district attorney and prize commissioners, except the naval officer, are allowed a just and suitable compensation for their re- spective services in each prize cause, to be adjusted and deter- mined by the court, and to be paid as costs in the cause.^ Each district attorney and prize commissioner, except the naval officer, is required to render to the Secretary of the Interior an annual account of all sums he has received for all services in prize causes within the previous year ; and the district attorney is allowed to retain therefrom a sum not exceeding three thousand dollars for each year, in addition to the maximum compensation allowed to be retained by him by the third section of the act of the twenty-sixth February, eighteen hundred and fifty-three, or in addition to any salary he may receive in lieu of such maxi- mum compensation ; and each such prize commissioner is allowed to retain a sum not exceeding three thousand dollars for each year, which shall be in full for all his official services in prize causes ; and any excess over those respective amounts is to be paid by the officer receiving the same into the treasury of the United States, and is to be credited to the fund for paying naval pensions.^ The auctioneers employed to make sales of prize property are 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 said sum of other prize property, which is in full for their expenses, as well as their services ; and in case no such scale shall be established, they are entitled to receive such compensation as the court shall deem just under the circumstances of each case.^ ' Act of 1864, c.
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