§ 1320. § 1321. Proceedings for adjudication where property is not sent in. § 1329. § 1330. Allowances and commissions to marshals. Compensation of district attorney and prize commissioners. § 1331. Accounts of district attorney and prize commissioners. § 1332. Commissions of auctioneers. § 1333. Amendment on appeal in prize cases. § 1334. Prize causes after appeal. § 1315. Filing of libel, warrant and evidence. Upon receiving the report of the prize-master [sent into port in charge of a prize], directed by the preceding section [i. e., as to condition of the prize, circumstances of capture, etc.], the attorney of the United States for the district shall immediately file a libel against such prize property, and shall forthwith obtain a warrant from the court, directing the marshal to take it into his custody, and shall proceed diligently to obtain a condemnation and distribution thereof; and to that end shall see that the proper preparatory evidence is taken by the prize-commissioners, and that the prizecommissioners also take the depositions de bene esse of the prizecrew, and of other transient persons cognizant of any facts bearing on condemnation or distribution. R. S. § 4618, U. S. Comp. Stat. 1901, p. 3128. The above section was carried forward into the Revised Statutes from an act of 1864.1 R. S. § 46192 makes it the duty of the district attorney to represent the government in prize cases. The jurisdiction of a prize court is strictly in rem, and usually confined to the adjudication of the question of prize or no prize, the relative rights of the claimants not being always settled.3 § 1316. Appointment of prize commissioners. Any district court may appoint prize-commissioners, not exceeding three in number; of whom one shall be a retired naval officer, approved by the Secretary of the Navy, who shall receive no other compensation than his pay in the Navy, and who shall protect the interests of the captors and of the Department of the Navy in the prize-property; and at least one of the other shall be a member of the bar of the court, of not less than three years' standing, and acquainted with the taking of depositions. R. S. § 4621, U. S. Comp. Stat. 1901, p. 3129. The above section was carried forward into the Revised Statutes from an act of 1864.4 § 1317. Duties of prize commissioners. The prize-commissioners, or one of them, shall receive from the prize-master the documents and papers, and inventory thereof, and shall take the affidavit of the prize-master required by section fortysix hundred and seventeen, and shall forthwith take the testimony of the witnesses sent in, separate from each other, on interrogatories prescribed by the court, in the manner usual in prize-courts; and the witnesses shall not be permitted to see the interrogatories, documents, or papers, or to consult with counsel, or with any persons interested, without special authority from the court; and witnesses who have the rights of neutrals shall be discharged as soon as practicable. The prize-commissioners shall also take depositions de bene esse of the prize-crew and others, at the request of the district attorney, on interrogatories prescribed by the court. They shall also, as soon as any prize-property comes within the district for adjudication, examine the same, and make an inventory thereof, founded on an actual examination, and report to the court whether 1 Act June 30, 1864, c. 174, § 4, 13 See also Hobbs v. McLean, 117 U. Stat. 307. S. 580, 29 L. ed. 945, 6 Sup. Ct. Rep. 870. 2Ante, § 530. 3Cushing v. Laird, 107 U. S. 69, 27 L. ed. 391, 2 Sup. Ct. Rep. 196. Act June 30, 1864, c. 174, § 5, 13 Stat. 307. any part of it is in a condition requiring immediate sale for the interests of all parties, and notify the district attorney thereof; and if it be necessary to the examination or making of the inventory that the cargo be unladen, they shall apply to the court for an order to the marshal to unlade the same, and shall, from time to time, report to the court anything relating to the condition of the property, or its custody or disposal, which may require any action by the court, but the custody of the property shall be in the marshal only. They shall also seasonably return into court, sealed and secured from inspection, the documents and papers which shall come to their hands, duly scheduled and numbered, and the other preparatory evidence, and the evidence taken de bene esse, and their own inventory of the prize-property; and if the captured vessel, or any of its cargo or stores, are such as in their judgment may be useful to the United States in war, they shall report the same to the Secretary of the Navy. R. S. § 4622, U. S. Comp. Stat. 1901, P. 3129. The above section was carried forward into the Revised Statutes from an act of 1864.5 § 1318. Custody and safe keeping of prize property. The marshal shall safely keep all prize-property under warrant from the court, and shall report to the court any cargo or other property that he thinks requires to be unladen and stored, or to be sold. He shall insure prize-property, if in his judgment it is for the interest of all concerned. He shall keep in his custody all persons found on board a prize and sent in as witnesses, until they are released by the prize-commissioners or the court. If a sale of property is ordered, he shall sell the same in the manner required by the court, and collect the purchase-money, and forthwith deposit the gross proceeds of the sales with the assistant treasurer of the United States nearest the place of sale, subject to the order of the court in the particular cause; and each marshal shall forward to the Secretary of the Navy, whenever and as often as the Secretary of the Navy may require it, a full statement of the condition of each prize and of the disposal made thereof. R. S. § 4623, U. S. Comp. Stat. 1901, p. 3130. The above section was carried forward into the Revised Statutes from an act of 18647. 5 The Olinde Rodrigues, 174 U. S. 13 Stat. 308. 7 Act June 30, 1864, c. 174, § 7, 13 Stat. 308. $1319. Appraisal of property used and not sent in. Whenever any captured vessel, arms, munitions, or other material are taken for the use of the United States before it comes into the custody of the prize court, it shall be surveyed, appraised and inventoried, by persons as competent and impartial as can be obtained, and the survey, appraisement, and inventory shall be sent to the court in which proceedings are to be had; and if taken afterward, sufficient notice shall first be given to enable the court to have the property appraised for the protection of the rights of the claimants and captors. In all cases of prize-property taken for or appropriated to the use of the government, the department for whose use it is taken or appropriated shall deposit the value thereof with the Assistant Treasurer of the United States nearest to the place of the session of the court, subject to the order of the court in the cause. R. S § 4624, U. S. Comp. Stat. 1901, p. 3130. The above section was carried forward into the Revised Statutes from an act of 1864.8 § 1320. Proceedings for adjudication where property is not sent in. If by reason of the condition of the captured property, or if because the whole has been appropriated to the use of the United States, no part of it has been or can be sent in for adjudication, or if the property has been entirely lost or destroyed, proceedings for adjudication may be commenced in any district the Secretary of the Navy may designate; and in any such case the proceeds of anything sold, or the value of anything taken or appropriated for the use of the United States, shall be deposited with the assistant treasurer in or nearest to that district, subject to the order of the court in the cause. If, when no property can be sent in for adjudication, the Secretary of the Navy shall not, within three months. after any capture, designate a district for the institution of proceedings, the captors may institute proceedings for adjudication in any district. And if in any case of capture no proceedings for adjudication are commenced within a reasonable time, any parties claiming the captured property may, in any district court as a court of prize, move for a monition to show cause why such proceedings 8 Act June 30, 1864, c. 174, § 27, 13 Stat. 314. shall not be commenced, or institute an original suit in such court for restitution, and the monition issued in either case shall be served on the attorney of the United States for the district, and on the Secretary of the Navy, as well as on such other persons as the court shall order to be notified. R. S. § 4625, U. S. Comp. Stat. 1901, p. 3130. The above section was carried forward into the Revised Statutes from an act of 1864.11 § 1321. Delivery of prize property on stipulation. No prize-property shall be delivered to the claimants on stipulation, deposit, or other security, except where there has been a decree of restitution and the captors have appealed therefrom, or where the court, after a full hearing on the preparatory proofs, has refused to condemn the property on those proofs, and has given the captors leave to take further proofs, or where the claimant of any property shall satisfy the court that the same has a peculiar and intrinsic value to him, independent of its market value. In any of these cases, the court may deliver the property on stipulation or deposit of its value, if satisfied that the rights and interests of the United States and captors, or of other claimants, will not be prejudiced thereby; but a satisfactory appraisement shall be first made, and an opportunity given to the district attorney and naval prizecommissioner to be heard as to the appointment of appraisers. Any money deposited in lieu of stipulation, and all money collected on a stipulation, not being costs, shall be deposited with the assistant treasurer, in the same manner as proceeds of a sale. R. S. § 4626, U. S. Comp. Stat. 1901, p. 3131. The above section was carried forward into the Revised Statutes from an act of 1864.13 § 1322. When property may be sold. Whenever any prize-property is condemned, or at any stage of the proceedings is found by the court to be perishing, perishable, or liable to deterioate or depreciate, or whenever the costs of keeping the same are disproportionate to its value, the court shall order a sale of such property; and whenever, after the return-day on the libel, all the parties in interest who have appeared in the cause agree 11 Act June 30, 1864, c. 174, § 28, 13 Act June 30, 1864, c. 174, § 26, 13 Stat. 314. 13 Stat. 313. |