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Navy, or the commander of a fleet or squadron, provided such court shall not consist of more than three members who shall be commissioned officers, and a judge advocate, or person to do duty as such; and such courts shall have power to summon witnesses, administer oaths, and punish contempt in the same manner as courts martial. But such court shall merely state facts, and not give their opinion, unless expressly required so to do in the order for convening; and the party, whose conduct shall be the subject of enquiry, shall have permission to cross examine all the witnesses.
Art. II. The proceedings of courts of enquiry shall be authenticated by the signature of the prefident of the court and judge advocate, and Thall, in all cafes not capital, or extending to the dismission of a commissioned or warrant officer, be evidence before a court martial, pro
vided oral testimony cannot be obtained. Oaths o! Art. III. The judge advocate, or person offithe mem- ciating as such, shall administer to the members bers and the following oath or affirmation: judge ad
6 You do swear, sor affirmwell and truly to vocate.
examine and enquire according to the evidence, into the matter now before you, without partiality or prejudice.”
After which, the president shall administer to the judge advocate, or person officiating as such, the following oath or affirmation:
66 You do swear, sor affirm] truly to record the proceedings of this court, and the evidence to be given in the case in hearing."
Sec. 3. And be it further enacted, That in all cases, where the crews of the ships or vessels of the United States shall be separated from their vefsels, by the latter being wrecked, lost or de. stroyed, all the command, power, and autho
to be giv And be it fur of the ships of
rity, given to the officers of such ships or vessels, In caie of shall remain and be in full force as effectually as lois of if such ship or vefsel were not so wrecked, lost, or destroyed, until such ship's company be re- mand of gularly discharged from, or ordered again into the offithe service, or until a court martial shall be held cers ihali to enquire into the loss of such ship or vessel ; rem
forces and if by the sentence of such court, or other fa. tisfactory evidence, it shall appear that all or any of the officers and men of such ship's company did their utmost to preserve her, and after the loss thereof behaved themselves agreeably to the discipline of the navy, then the pay and emoluments of such officers and men, or fuch of them as shall have done their duty as aforesaid, shall go on until their discharge or death; and every officer or private who shall, after the loss of such vessel, act contrary to the discipline of the navy, shall be punished at the discretion of a court martial, in the same manner as if such vessel had not been so lost.
Sec. 4. And be it further enacted, That all the part of pay and emoluments of such officers and men, captives of any of the ships or vessels of the United States to conti. taken by an enemy, who shall appear by the fen-nue. tence of a court martial, or otherwise, to have done their utmost to preserve and defend their ship or vessel, and, after the taking thereof, have behayed themselves obediently to their superiors, agreeably to the discipline of the navy, shall go on and be paid them until their death, exchange, or discharge.
Sec. 5. And be it further enacted, That the proceeds of all ships and vessels, and the goods To whom taken on board of them, which shall be adjudg, the proed good prize, shall, when of equal or superior
Or ceeds of
En prizes force to the vessel or vessels making the capture, shall acbe the sole property of the captors; and when crue.
shall be pun intrary to the difciter the loss of fi
of inferior force, shall be divided equally between the United States and the officers and
men making the capture. · Distribu
Sec. 6. And be it enacted, That the prize tion of money, belonging to the officers and men, shall prize mo- be distributed in the following manner : ney. I. To the commanding officers of fleets,
squadrons, or single thips, three twentieths, of which the commanding officer of the fleet or squadron shall have one twentieth, if the prize be taken by a ship or vessel acting under his command, and the commander of single ships, two twentieths; but where the prize is taken by a ship acting independently of such superior officer, the three twentieths shall belong to her commander.
II. To sea lieutenants, captains of marines, and failing masters, two twentieths; but where there is a captain, without a lieutenant of marines, these officers shall be entitled to two twentieths and one-third of a twentieth, which third, in such case, shall be deducted from the share of the officers mentioned in article No. III. of this section.
III. To chaplains, lieutenants of marines, furgeons, purfers, boatswains, gunners, carpenters, and masters mates, two twentieths.
IV. To midshipmen, surgeons mates, captains clerks, schoolmasters, boatswains mates, gunners mates, carpenters mates, ships' stewards, fail makers, masters at arms, armourers, cockswains, and coopers, three twentieths and an half.
V. To gunners yeomen, boatswains yeomen, quarter masters, quarter gunners, fail makers mates, ferjeants and corporals of marines, drummers, fifers and extra petty officers, two twentieths and an half.
VI. To feamen, ordinary seamen, marines, and all other persons doing duty on board, feven twentieths. .
VII. Whenever one or more public ships or vessels are in fight at the time any one or more ships are taking a prize or prizes, they shall all share equally in the prize or prizes, according to the number of men and guns on board each ship in fight.
No commander of a fleet or squadron shall be entitled to receive any share of prizes taken by vessels not under his immediate command; nor of such prizes as may have been taken by ships or vefsels intended to be placed under his command, before they have acted under his immediate orders; nor shall a commander of a fleet or squadron, leaving the station where he had the command, have any share in the prizes taken by ships left on such station, after he has gone out of the limits of his said command.
Sec. 7. And be it further enacted, That a boun. Boy ty shall be paid by the United States, of twenty given in dollars, for each person on board any ship of an certain enemy at the commencement of an engagement, cal which shall be funk or destroyed by any ship or vefsel belonging to the United States of equal or inferior force, the same to be divided among the officers and crew in the same manner as prize money.
Sec. 8. And be it further enacted, That every officer, seaman or marine, disabled in the line Penfions of his duty, shall be entitled to receive for life, to persons or during his disability, a pension from the United States according to the nature and degree iervice. of his disability, not exceeding one half his monthly pay.
Appropri- Sec. 9. And be it enacted, That all money ac. ation of cruing, or which has already accrued to the tire part United States from the sale of prizes, shall be of captured proper. an
er and remain forever a fund for the payment of ty belong- pensions and half pay, shoặld the fame be hereing to the after granted, to the officers and seamen who U.States. may be entitled to receive the same, and if the
said fund shall be insufficient for the purpose, the public faith is hereby pledged to make up the deficiency; but if it Thould be more than fufficient, the surplus shall be applied to the making of further provision for the comfort of the disabled officers, feamen, and marines, and for such as, though not disabled, may merit by their bravery, or long and faithful services, the gratitude of their country.
Sec. 10. And be it further enacted, That the said fund shall be under the management and direction of the Secretary of the Navy, the Secretary of the Treasury, and the Secretary of War, for the time being, who are hereby authorized to receive any fums to which the United States may be entitled from the sale of prizes, and employ and invest the fame, and the interest arising therefrom, in any manner which a majority of them may deem most advanta. geous: And it shall be the duty of the said commissioners to lay before Congress, annually, in the first week of their session, a minute statement of their proceedings relative to the management of said fund.
Sec. 11. And be it further enacted, That the Repeal of act passed the second day of March, in the year the forme one thousand seven hundred and ninety-nine, er act.
entitled “ An act for the government of the navy of the United States," from and after the