Page:United States Statutes at Large Volume 13.djvu/335

THIRTY—EIGHTH CONGRESS. Sess. I. Ch. 17 4. 1864. 307 deem most convenient inview of the interests of probable claimants, as well as of the captors. If the captured vessel, or any part of the captured Duty of comproperty, is not in condition to be sent in for adjudication, a survey ;‘;*;‘§“;g;5°P‘ shall be had thereon and an appraisement made by persons as competent camo; bg Semin, 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 authority of the commanding officer present, and the proceeds deposited with the assistant treasurer of the United States most accessible to said court, and subject to its order in the cause. Sec. 2. And be it further enacted, That if any vessel of the United Ifvessels claim States shall claim to share in the prize, either as having made the cap- ggjgggiggzgg, ture, or as having been within signal distance of the vessel or vessels mgkgastatemaking the capture, the commanding officer of such vessel shall make out ¤¤€¤*·· a 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 particularity as to times, distances, localities, and signals made, seen, or answered ; and such 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 be it further enacted, That it shall be the duty of the Duty ofprize prize master to make his way diligently to the selected port, and there m“t“· immediately deliver to a prize commissioner the documents and papers, and the inventory thereof, and make ahidavit that they are the same and in the same condition as delivered to him, or explaining any absence or change of condition therein, and that the prize property is in the same condition as delivered to him, or explaining any loss or damage thereto; and he shall further report to the district attorney, and give to him all the infomation in his possession respecting the prize and her capture; and he shall deliver over the persons sent as witnesses to the custody of the marshal, and shall retain the prize in his custody until it shall be taken therefrom by process from the prize court. Sec. 4. And be it further enacted, That the attorney of the United United states States for the district shall immediately file a libel against such prize i%g<>{¤*>%i° 6}** property, and shall forthwith obtain a warrant from the court directing ;0,$d;,?,n,£l{§:,i,`° the marshal to take it into his custody, and shall proceed diligently to obtain a condemnation and distribution thereof, and to that end shall see that the proper preparatory evidence is taken by the prize commissioners, and that the prize commissioners also take the depositions de bene esse of the prize crew and other transient persons cognizant of any facts bearing on condemnation or distribution. It shall also be the duty of the district attorney to represent the interests of the United States in all prize causes, and he shall not act as separate counsel for the captors on any ncttc actas private retainer or compensation from them, unless in a question between €°“¤i§>}u{°’ °z" _ the claimants and the captors on a demand for damages. The district Om mh c" attorney shall examine all fees, costs, and expenses, sought to be charged to examine on the prize fund, and protect the interest of the captors and of the msi costsv K"? United States. The district attorneys of all districts in which any prize to report ques causes are or may be pending, shall, as often as once in three months, *<§.*§,a$j’ S°°"“‘“`Y send to the Secretary of the Navy a statement of the condition of all L y' prize causes pending in their districts, in such form and embracing such particulars as the Secretary of the Navy shall require. Sec. 5. And be it further enacted, That any district court may appoint prize commissioners, not exceeding three in number, of whom Prize commtsone shall be a retired naval officer, approved by the Secretary of the Sl°“°“· 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 others shall be