, 1864-11-07

lect such port as he shall deem most convenient
in view Of the interests Of probable claimants,
as well as Of the captors. II the captured vessel
or any part Of the captured p. p.operty, is not in
condition to be sent in for adjudication, survey
shall + had thereon and an arpraisement made
by persons as competent and impartial as can
be obtained, and their reports shall be sent to
the court in which proceedings are to be had ;
and such property, unless appropriated for the
Use of the government, shall be sold by the aII.
thority Of the commanding officer present; aud
the proceeds deposited with the r~-:s.arit treas
urcr Of the United States most accessible to
said court, and subject to its order in the cause.
Sec. Z. Aad belt further ,acted That If any
vessel of the United States shall claim to share
in the prize, either as having made the ca ture,
or as having been within signal distance Of the
vessel or vessels making the capture, the COM
manding officer of such vessel shall make out u
written statement Of his claim, with the grounds
on which it is rested, the principal facts tending
TO show what vessels made the capture, and
what vessels were within signal distance Of those
making the capture, with reasonable particular
ity as to times, distances localities, and signals
made seen, or answered and sleh statement of
claim shall be signed by him and sent to the
court in which proceedings shall be had, and
shall be filed IN the cause.
Sec 3. And Dc Il .l"rther enacted, That it
shall be the duty Of the prize master to make
ms way diligently TO the selected port. and there
ihmedlatciy deIVer 10 prize commissioner the
uocuments and papers anu the inventory thereof:
anu make aIluavit tnat tney are tne same anu
10 the sauue condltlon us deivered 10 nim' or ex-
planning any absence or change Of condition
tnere'n anu 'nat tne prlze property ~ the
same cohultioh Us uelVercd 10 nun, OF expiainihg
ahy loss or damage thereto; ana ne snali iurtner
report 70 the distr'c! attorney, anu give 10 MN
al the ihiorEnatloh IN MS possession respecting
tue PRIZE ana her capture and ne snail aenVsr
over the persons sent Us Witnesses 10 tne CUSTODY
of the marshal, ana slail re'an inc prize IN MS
custody until u shalI De 'akeh tnefeirom py'pro-
cess from inc prize court
Sec' t. hnd Ge IurMeT endetea' Anat tne
attorney OF the Cnitea S!aIes Ior inc district
snail immeuiateiy mle hDei against Such prize
properly ana smail iortnMitn ooIa'I Warrant
rom inc cour. dlrec.ng inc marsha, M 70 mEe II
into MS CUSTODY ana snail Proceea uiiSently 10
oDiain condemnatioh anu ustrlDuuoh tnereoi'
ana 10 tnat end shil see tnat Tue proper prepara'
tory evidence Is taken Dy the .1r'ze commission
ers' and tnal the PRIZE commissioners ESQ take
the depositions de bene eese Of inc prize crew
anu olher transient persOns coghiZaht OF any
facts bearing on condemnation or distribution.
1t shall also be the duty Of the district attorney
to represent the interests OF the United States
in all prize causes and he shall not act as sepa-
rate counsel for the captors on any private re-
tainer or compensation from them, unless in
question between the claimants and the captors
on demand for damages. The district attorney
shall examine al fees, costs, and expenses, sought
to be charged on the prize fund, and protect the
interest Of the captors and Of the United States.
The district attorneys Of oil districts in which
any prize causes are or may be pending, shall,
as often as once in three months, send to the
Secretary Of the Navy, statement Of the con-
ditiOn Of all prize causes pending in their dis
tricts, in such form and embracing such particu-
lars Us the Secretary OF the Navy shall require.
Sec. S. And be Il further enacted, Thai any
district court may appoint prize commissioners,
not exceeding three in number, Of whom one
shall be retired naval officer, approved by the
Secretary Of the Navy, who shall receive no
other compensation than bis pay in the navy,
and who shall protect the interests OF the cap
tors and Of the Department or the Navy in the
prize property, and at least one OF the others
shall be member OF the bar Of the court, of
not less than three years standing, aud acquaint.
ed with the taking OF deposltlons.
Sec. 6. And be a further enacted. That the
prlze som'nissloners' OF Que oi ,nell, siiai re-
eeiVe from inc prlze MASTER inc documents ana
papers ana inventory tnereo,, aua s.all laHe Tue
aindavit Of the prlze MASTER nerenoelore requlr'
ca, ana snail lor'hwrth take Tue tcstimOnyot tne
witnesses sent ir' separate from each other, on
lnterrogatories prescribed ny inc court, IN the
manner usual ID prize courts anu tne witnesses
snalI noI pc perMlt.eu 70 sec|ne lm'eIrSga.ofNs'
uocunen.s, or papers, or .Oc1usul. WIN COUNSEL,
or wltn any persons interested, witnout special
autnorlty rom tneeO ana lmc wins WING
nave .ac rga.s =. Seuas aS0 sna De ulseGargea
n shaII % oso % taIe JenoSit;ons az bcue essa os the
nrize % crew anJ others Al tbe rcnuCst of ,be 5s.
tr;ct o,,orncv on ;nterrocotor;cs nr,.acr;boA h,,
ths conf Thev shaIl also no soor a. anv nr;Is |
nroncrtv comes within tho district lor aj;u.l;ca
ttioI' exsminc The same m and make an inyeniorv
,brrsoc GonnS,d IN an actual exam;nat;on ara
rsnort 10 the conrt whether nnv nart If h ;s in
= poai;.;o,, ~ .~;r;r~ ;ror,c,;a;o saie ear ,ho ~
sosos.s ~ al ,,nr,;os oni no.;Iv tho S;s,r;o. :"
,ornov thorcof. md n II be necessary 10 ihe sx.
a an,;n.,;", ~ ,,oL,no of the ;nvsnto.v th.t AZ, |
aan,.s ~. ,uiaJan ,Lsv shall onniv ~ ,ha oou..
-. ~ osio. ~ ,So marshal N pnpisis ,h s
ond shaIl T.on, t;'ns 10 t;mc rcnort ~ tho co"s,
r a"u,h;"m IS" r"lot;ns o % 10 tSs condiion or ,ho
nos,r % ~ ;,S cns,osv or disnosai which ~" nav ~
ppa;., onv =. aot;or ~ ,ho court br, tho n":,
" dtS III nyones,v shall he onIv in ,La r,ossS"Y
Thev n @ sEaIl sIs9 seasopablv return into conrt
seaIs,l and secured r. m insnection' the Socr'
men,s and naners which sbaIl come 10 THAR |