Page:United States Statutes at Large Volume 18 Part 1.djvu/971

 'I‘rrm¤ uv.—PRIZE. 899 of the captors and of the Department of the Navv in the rize- ro · and at least one of the others shall be a member bf the hair of SKB gf notgiess than three years’ standing, and acquainted with the taking of e ons. E 4622. The prizecommissioners, or one of them, shall receive from Duties of prizethe pr1ze—master the documents and papers, and inventory thereof, and °°mml’“l°°°”- shal take the affidavit of the rize-master required by section forty-six Ibid.,¤. 6, p. 308. hundred and seventeen. and shall forthwith take the testimony of the witncses sentin, separate from each other, on·interrogatories prescribed 3 win. 4%j.&¥:g by the court, in the manner usual in prize-courts; and the witnesses Nassau,, 4 Wall., shall not be permitted to see the interrogatories, documents, or papers, {*3**9 The Sir Wilt or toconsult with counsel, or with any persons interested, without special  P°°l· 5 wm" authority from the court; and witnesses who have the rights of neutrals ` shall be discharged as soon as practicable. The prize-commissioners shall also take depositions de bene esse of the prize—crew and others, at the request of the district attorney, on interrogatories prescribed by the court. They shall also, as soon as any prizc—property comes within the district for adjudication, examine the same, and make an inventory thereof, founded on an actual examination,_ and report to the court whether any part of it is in a condition requiring immediate sale for the interests of all parties, and notify the district attorney thereof; and if it be necessary to the examination or making of the inventory that the caxo be unladen, they shall apply to the court for an order to the marsh to unlade the same, and shall, from time to time, report to the court anythinglrelating to the condition of the property, or its custody or disposal, w ich may require any action by the court, but the custody of the property shall bein the marshal only. They shall also seasonably return into court,sealed and secured from inspection, the documents and papers which shall come to their hands, duly scheduled and numbered, an the other preparatory evidence, and the evidence taken de bene esse, and their own inventory of the prize-property; and if the captured vessel, or any of its cargo or stores, are such as in their judgment may be useful to the United States in war, they shall report the same to the Secretary of the Navy. 1s··s¤m·1 Sec. 4623. The marshal shall safely keep all prize-property under Duties of mai-- warrant from the court, and shall report to the court any cargo or other ¤h¤l· plroperty that he thinks requires to be unladen and stored, or to be sold. Ibid_, ,_ 7_ e shall insure rize-property, if in his judgment it is for the interest of all concerned. gle shall eep in his custody all persons found on hoard a prize and sent in as witnesses, until they are released by the prizecommissioners or the court. lf a sale of property is ordered, he shall sell the same in the manner required by the court, and collect the purchasemoney, and forthwith depjosit the gross proceeds of the sales with the assistant treasurer of the nited States nearest the place of sale, sub`ect to the order of the court in the particular cause; and each marshal shall forward to the Secretary of the Navy, whenever and as often as the Secretary of the Navy may require it, a full statement of the condition of each prize and of the disposal made thereof. Sec. 4621. Whenever any captured vessel, arms, munitions, or other Appraisal, &c.,oi material are taken for the use of the United States before it comes into Ig°P°*'*Y *¤k°¤f•>¤' the custody of the prize court, it shall be_ surveyed, appraised, and in- ventoried, by persons as competent and impartial as can be obtained, Ibid.,s.27,p.314. and the survey, appraisement, and inventory shall be sent to the court in which proceedings are to be had; and if taken afterward, sufficient notice shall first be given to enable the court to have the property appraised for the protection of the rights of the claimants and captors. ln all cases of prize-property taken for or appropriated to the use of the Government, the Department for whose use it is taken or a pro riated shall deposit the value thereof with the assistant treasurer od) the Tlnited States nearest to the place of the session of the court, subject to the order of the court in the cause. Sec. 4625. li by reason of the condition of the captured roperty, or Proceedings for if because the whole has been appropriated to the use of the United ¤di¤d·<·=¤i¤¤where