Page:United States Statutes at Large Volume 18 Part 1.djvu/970

 898 Trrnn Liv.-—·PRIZE. sent to the court in which proceedings are to be had; and such ro rt , unless appropriated for the use of the Government, shall be solid ll; tile authority of the commanding officer present, and the proceeds deposited with the assistant treasurer of the United States most accessible to such court, and subject to its order in the cause. [SMS16M. M. rn.1 statement of Sec. 4616. If any vessel of the United States shall claim to share in a °l%*m *° ¤h¤*’° m prize, either as having made the capture, or as having been within sig- P""‘ ________ nal distance of the vessel or vessels making the capture, the command- Ibid.,s. 2, p. 307. ing otncer of such vessel shall make out a written statement of his claim, with the grounds on which it is founded, the principal facts tendingto show what vessels made the capture, and what vessels were within signal distance of those making the capture, with reasonable particularitly as to times, distances, localities, an signals made, seen, or answere ; 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. Duties of prize Sec. 4617. The prize-master shall make his way diligently to the "’“‘°"- _ selected port, and there immediately deliver to a prize-commissioner the Ibid., s. 3. documents and papers, and the inventory thereof, and make atlidavit that they are the same, and are 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 oss or damage thereto; and he shall further report to the district attorney and give to him all the information 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. [SM 5 5441-1 Libel and pro- Seo. 4618. Upon receiving the report of the prize-master directed by gg3i;;;' bl' d“" the preceding section, the attorney of the United States for the district ...Jii°.’;l_. shal immediately tile a libel a inst such prize proplerty, and shall forth- Ibid., s. 4. with lpbtain zdwarragt {rpm th: cgugi, direpting 2 e marshaldto take it j‘";—"‘ into is cus! y, an s a procee i igent y to o tain a con cumation ,,,,T3°vi;)l(:Iylgr·rny:Q and distribution thereof: and to that end shall see that the proppr pre- Pmn-o,2Wh.,227; paratory evidence is taken by the prize—commissioners, and t at the ams-%¤;¤vi;bl?_  prize—commissiouers also_take the depositions de bene essc of the_prize- An d•r om gdk S crew, and of other transient persons cognizant of any facts bearing on Wm_, 481; 1-},,, condemnation or distribution. Sally Magee, 3 Wall., 451; The Nassau, 4 Wall., 634; The Springbock, 5 Wall., 20; '&l*1£“Ha)m'p¥lpé    gpeagir William Peel, 5 Wall., 517; The Watchful, 6 D¤*~i¤¤ 0* di¤¤‘i¤¢ Sec. 4619. The district attorneys of the several judicial districts shall represent the interests of the United States in all prize—causes, and shall Ibid. not act as separate counsel for the captors on any private retainer or compensation from them, unless in a question between the claimants and the captors, on a demand for damages. They shall examine all fees, costs, and expenses, sought to be chargyedon any prize-fund, and protect the interest of the captors and of the nited States. The district attorneys of all districts in which an prize-causes are or may be pendin shall, as often as once in three montlis, send to the Secretary of the Tlavy a statement of the condition of all prize-causes pending in their districts, ip. sack form and embracing such particulars as the Secretary of the Navy s a require. épecialcounsclfor Sec. 4620h;In any case of capture made by vessels of the Navy, the Sec- 1 retavy oftlac my may employ special counsel for ca tors, when, in Ma judg- Ibrd.,s.23,p.313. ment, the services of suc/a, apcczal counsel arc needecljin the rticular MM, 892; I;',}} 1;% °· for the ducdprotcction of the interests of the captors and o f t£aJVavype·1wi¢m ’’` fund,' an, under the direction of the Secretary of the Navy, auch counsel may mstztutc and prosecute mwilpproznccdings in the case as may be necessary A _ t t f an _ propcrfor thep·otcctwn o auch interests.] (sun Ul. NQ-85-1 pm§f’g;$f;i0:_ SEo._4621. Any district court may appoint pgize-commissioners. D0li ers. exoeediqg three in number; of whom one shall a retired naval officer, approve by the_Secretary of the Navy, who shall receive no other G001- 174,a5,v.13,p.307. pensation t an his pay in the Navy, and who shall protect the interests