Part 55 (1/2)

Decree.--Filed May 27th, 1898. E. F., _Clerk_.

FORM OF DECREE OF DISTRIBUTION.

DISTRICT COURT OF THE UNITED STATES, SOUTHERN DISTRICT OF FLORIDA.

_The United States_ +Prize+ v. Captured,__________ 1898.

_________________ _________________

A Final Decree of Condemnation of Vessel and Cargo having been p.r.o.nounced in this Case, and no Appeal being taken, and it Appearing to the Court that the Gross Proceeds of the Sales are as follows,--to-wit,--

Vessel, Cargo, Total,

And the Costs, Expenses and Charges as taxed and allowed are as follows,--

Marshal's Fees and Charges including all expenses of Sales, Advertising, and Auctioneer's Commissions,

District Attorney's Fees,

Prize Commissioner's Fees and Expenses,

Clerk's Fees,

Leaving a Net Residue of ____________________($______)

And it appearing to the Court upon the Report of the Prize Commissioner, that the U. S. S. _________________________________________________ Commanding, was the sole Capturing Vessel, and ent.i.tled to share in the Prize, and was of Superior Force to the Captured Vessel, and it appearing that the Marshal has paid and satisfied the Bills of Costs and Charges as herein taxed, and allowed, it is +Ordered+ that the same be paid to him out of the money on Deposit with the a.s.sistant Treasurer of the United States subject to the Court in this case, and it is +Further Ordered+ that the said Residue of the Gross Proceeds deposited with the a.s.sistant Treasurer in this Case be paid into the Treasury of the United States, for Distribution, one half to the officers and crew of said---- and one half to the United States.[502]

_____________________ _Judge of the District Court of the United States, for the Southern District of Florida._

APPENDIX IX

DIGEST OF IMPORTANT CASES ARRANGED UNDER t.i.tLES

15. +Precedent and Decisions+

_Bolton_ v. _Gladstone_, 5 East, 155

In an action on a policy of insurance in 1804 on a Danish s.h.i.+p and cargo warranted neutral and captured by a French s.h.i.+p of war (Denmark being at peace with France), it appeared that the court in which the Danish s.h.i.+p was libelled declared her good and lawful prize. Held by Ellenborough C.

J., ”that all sentences of foreign courts of competent jurisdiction to decide questions of prize” were to be received ”as conclusive evidence in actions upon policies of a.s.surance, upon every subject immediately and properly within the jurisdiction of such foreign courts, and upon which they have professed to decide judicially.”

_United States_ v. _Rauscher_, 119 U. S. 407