After which, the president shall administer to the judge advocate, or person officiating as such, the following oath or affirmation:
“You do swear (or affirm) truly to record the proceedings of this court, and the evidence to be given in the case in hearing.”
In case of loss of the vessel, the command of the officers shall remain in force.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 vessels, by the latter being wrecked, lost or destroyed, all the command, power, and authority, given to the officers of such ships or vessels, shall remain and be in full force as effectually as if such ship or vessel were not so wrecked, lost, or destroyed, until such ship’s company be regularly discharged from, or ordered again into the service, or until a court martial shall be held to inquire into the loss of such ship or vessel; and if by the sentence of such court, or other satisfactory 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 such 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.
Pay of captives to continue.Sec. 4. And be it further enacted, That all the pay and emoluments of such officers and men, of any of the ships or vessels of the United States taken by an enemy, who shall appear by the sentence 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 behaved 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.
To whom the proceeds of prizes shall accrue.Sec. 5. And be it further enacted, That the proceeds of all ships and vessels, and the goods taken on board of them, which shall be adjudged good prize, shall, when of equal or superior force to the vessel or vessels making the capture, be the sole property of the captors; and when of inferior force, shall be divided equally between the United States and the officers and men making the capture.
Distribution of prize money.Sec. 6. And be it [further] enacted, That the prize money, belonging to the officers and men, shall be distributed in the following manner:
I. To the commanding officers of fleets, squadrons, or single ships, 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 sailing 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, surgeons, pursers, boatswains, gunners, carpenters, and master’s mates, two twentieths.
IV. To midshipmen, surgeon’s mates, captain’s clerks, schoolmasters, boatswain’s mates, gunner’s mates, carpenter’s mates, ship’s stewards, sail-makers, masters at arms, armorers, cockswains, and coopers, three twentieths and an half.
V. To gunner’s yeomen, boatswain’s yeomen, quartermasters, quartergunners, sail maker’s mates, sergeants and corporals of marines, drummers, fifers and extra petty officers, two twentieths and an half.
