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..
THE DUTY OF CAPTORS..
As to the property captured.
Exceptions to the rule requiring it to be sent in for adjudication.
Exception arising from moral restraint..
Excuse arising from the necessity of the captors..
Captured property taken for the use of the capturing vessel or the government, must
be appraised before appropriation....
The amount of appraisal deemed to be in the treasury..
No rule requiring its payment by the government before final decree..
Duty of captors as to the persons taken with the captured property.
General rule to send them in with the prize, as witnesses.
Overpowering necessity the only excuse for a failure to comply with this rule.
Captured persons not to be separated from, but to be sent in with the prize..
Where crew of captured vessel escape, other inculpatory proof allowed..
Personal treatment of captured persons..
Detained as witnesses, not as prisoners of war.
Case of The Louisa Agnes. United States District Court, New York.
Duty of captors as to vessel's papers, found on board at the time of capture.
As to other papers, not being the vessel's papers..
Circular of instructions in this respect to naval commanders, from the United States
Secretary of the Navy..
Duties of United States prize commissioners prior to recent legislation..
Additional duties imposed by act of Congress..
Construction of the act by United States Circuit Court for the Second Circuit.
Witnesses to be examined without the presence of counsel...
The rule as to the general character of the averments of the libel and the claim, sus-
tained by the recent decisions..
DELIVERY TO CLAIMANTS, ON BAIL...
Delivery of captured property to claimants, on bail, before a hearing, subversive of
the policy and purpose of maritime capture..
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...
Reasons for the rule stated in the case of The Amy Warwick.
Reasons for the rule of non-delivery on bail, applicable to non-delivery on payment of
THB CAPTORS ENTITLED AS DISTRIBUTEES—How determined.
New rules of distribution by recent act of Congress..
Vessels within signal distance entitled to share..
Forfeiture of commander's share of prize money, for certain neglect.
Armed vessels in government service entitled as if in the navy
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