FURTHER CONSIDERATION OF THE PRACTICE AND PROCEEDINGS OF PRIZE COURTS, SUG-
GESTED BY THE ADJUDICATIONS UPON CAPTURES YADE DURING THE EXISTING WAR
IN THE UNITED STATES..
435
THE DUTY OF CAPTORS..
436
As to the property captured.
436
Exceptions to the rule requiring it to be sent in for adjudication.
436
Physical impossibility....
436
Exception arising from moral restraint..
436
Excuse arising from the necessity of the captors..
437
Captured property taken for the use of the capturing vessel or the government, must
be appraised before appropriation....
437
The amount of appraisal deemed to be in the treasury..
438
No rule requiring its payment by the government before final decree..
438
Duty of captors as to the persons taken with the captured property.
439
General rule to send them in with the prize, as witnesses.
439
Overpowering necessity the only excuse for a failure to comply with this rule.
439
Captured persons not to be separated from, but to be sent in with the prize..
440
Where crew of captured vessel escape, other inculpatory proof allowed..
441
Personal treatment of captured persons..
441
Detained as witnesses, not as prisoners of war.
441
Case of The Louisa Agnes. United States District Court, New York.
442
Duty of captors as to vessel's papers, found on board at the time of capture.
449
As to other papers, not being the vessel's papers..
449
Circular of instructions in this respect to naval commanders, from the United States
Secretary of the Navy..
450
Duties of United States prize commissioners prior to recent legislation..
452
Additional duties imposed by act of Congress..
453
Construction of the act by United States Circuit Court for the Second Circuit.
453
Witnesses to be examined without the presence of counsel...
455
The rule as to the general character of the averments of the libel and the claim, sus-
tained by the recent decisions..
455
DELIVERY TO CLAIMANTS, ON BAIL...
457
Delivery of captured property to claimants, on bail, before a hearing, subversive of
the policy and purpose of maritime capture..
457
Reasons for the rule of non-delivery still more cogent after hearing and condemnation 457
The doctrine of non-delivery fully sustained by the decision of the United States Dis-
trict Court of Massachusetts...
459
Reasons for the rule stated in the case of The Amy Warwick.
459
Reasons for the rule of non-delivery on bail, applicable to non-delivery on payment of
appraised value....
460
THB CAPTORS ENTITLED AS DISTRIBUTEES—How determined.
460
New rules of distribution by recent act of Congress..
460
Vessels within signal distance entitled to share..
461
Forfeiture of commander's share of prize money, for certain neglect.
461
Armed vessels in government service entitled as if in the navy
462
Merchant vessels making captures not entitled, in strict law-but in practice a share
is awarded them commensurate with the meritorious character of the service..... 462