An act regulating the sale of prizes and the distribution thereof.
The Congress of the Confederate States of America do enact, That
all prizes of vessels and property captured by private armed ships in pursuance of the act passed by Congress recognizing the existence
of war between the United States and the Confederate States; and concerning letters of marque, prizes, and prize goods, which may be condemned in any court of the Confederate States, shall be sold at public auction by the marshal of the district in which the same shall be condemned, within sixty days after the condemnation thereof, sufficient notice of the time and place and condition of sale being first given, on such day or days, on such terms of credit, and in such lots or proportions as may be designated by the owner or owners, or agent of the owner or owners of the privateer which may have captured the same: Provided, That the term of such credit shall not exceed ninety days; and the said marshal is hereby directed to take and receive from the purchaser or purchasers of such prize vessel and property, the money therefor, or his, her, or their promissory notes with endorsers, to be approved by the owner or owners of the privateer, to the amount of the purchase, payable according to the terms thereof.
all prizes of vessels and property captured by private armed ships in pursuance of the act passed by Congress recognizing the existence
of war between the United States and the Confederate States; and concerning letters of marque, prizes, and prize goods, which may be condemned in any court of the Confederate States, shall be sold at public auction by the marshal of the district in which the same shall be condemned, within sixty days after the condemnation thereof, sufficient notice of the time and place and condition of sale being first given, on such day or days, on such terms of credit, and in such lots or proportions as may be designated by the owner or owners, or agent of the owner or owners of the privateer which may have captured the same: Provided, That the term of such credit shall not exceed ninety days; and the said marshal is hereby directed to take and receive from the purchaser or purchasers of such prize vessel and property, the money therefor, or his, her, or their promissory notes with endorsers, to be approved by the owner or owners of the privateer, to the amount of the purchase, payable according to the terms thereof.
2. That upon all duties, costs, and charges, being paid according to law , the said marshal shall, on demand, deliver and pay over to the owner or owners of the privateer, or to the agent of such owner or owners of the privateer which may have captured such prize vessel and property, a just and equal proportion of the funds received on account of the sale thereof, and of the promissory notes directed to be taken as aforesaid, to which the said owner or owners may be entitled, according to the articles of agreement between the said owner or owners, and the officers and crew of the said privateer; and a just and equal proportion of the proceeds of the sale as aforesaid, shall, on demand, be also paid over, by the said marshal, to the officers and crew of the said privateer, or to their agent or agents. And if there be no written agreement, it shall be the duty of the marshal to pay over, in manner as aforesaid, one moiety of the proceeds of the sale of such prize vessel and property to the owner or owners of the privateer which may have captured the same; and the other moiety of the said proceeds to the agent or agents of the officers and crew of the said privateer, to be distributed according to law, or to any agreement by them made: Provided, the said officers and crew, or their agent or agents, shall have first refunded to the owner or owners or to the agent of the owner or owners of the privateer aforesaid, the full amount of advances which shall have been made by the owner or owners of the privateer, to the officers and crew thereof.
3. That for the selling prize property, and receiving and paying over the proceeds as aforesaid, the marshal shall be entitled to a commission of one per cent and no more, first deducting all duties, costs, and charges, which may have accrued on said property: Provided, That on no case of condemnation and sale of any one prize vessel and cargo shall the commissions of the marshal exceed two hundred and fifty dollars.
4. That it shall be the duty of the marshal, within 15 days after any sale of prize property, to file in the office of the clerk of the district court of the district wherein such sale may be made, a just and true account of the sales of such prize property, and of all duties and charges thereon, together with a statement thereto annexed of the promissory notes taken on account thereof, which account shall be verified by the oath of the said marshal; and if the said marshal shall willfully neglect or refuse to file such account, he shall forfeit and pay the sum of five hundred dollars for each omission or refusal as aforesaid, to be recovered in an action of debt by any person interested in such sale and suing for the said penalty on account of the party or parties interested in the prize vessel or property sold as aforesaid in any court having cognizance thereof.
5. That the owner or owners of any private armed vessel or vessels, or their agent or agents, may, at any time before a libel shall be filed against any captured vessel or her cargo, remove the same from any port into which such prize vessel or property may be first brought to any other port in the Confederate States, to be designated at the time of the removal as aforesaid, subject to the same restrictions and complying with the same regulations with respect to the payment of duties which are provided by law, in relation to other vessels arriving in port with cargoes subject to the payment of duties: Provided, That before such removal the said captured property shall not have been attached at the suit of any adverse claimant, or a claim against the same have been interposed in behalf of the Confederate States.
Approved May 14, 1861.