Page:United States Statutes at Large Volume 18 Part 1.djvu/972

 900 Tnmm 1.rv.—PRIZE. propertyisnctsent States, no part of it has been or can be sent in for acqudication, or if ’"· __ _ H ____ the property has been entirely lost or destroyed, proce ings for adjudi- 30 June, 1864,c. cation may be commenced in any district the Secretary of the Navy may 1"’4.¤·28»V· 13m- designate; and in any such case the proceeds of antything sold, or the 31* value of anything taken or appropriated for the use o the Lnited States, shall be deposited with the assistant treasurer in or nearest to that district, subject to the order of the court in the cause. If, when no property can be sent in for adjudication, the Secretary of the Navy shall not, within three months after any capture, designate a district for the institution of proceedings, the captors may institute proceedings for adjudication in any district. And if in any case of capture no proceedings for adjudication are commenced within a reasonable time, any parties claiming the captured property may, in any district court as a court of rize, move for a monition to show cause w y such proceedings shall not he commenced, or institute an original suit in such court for restitution, and the monition issued in either ease shall be served on the attorney of the United States for the district, and on the Secretary of the Navy, as well as on such other persons as the court shall order to be notified. Deliveryofprop-' Sec. 4626. No prizeproperty shall be delivered to the claimants on °'*Y°¤¤¤P“l’·*¤°¤· stipulation, deposit, or other security, except where there has been a Ibid,, 5,26, p.313_ decree of restitution and the captors ave appealed therefrom, or where the court, after a full hearing on the preparatory proofs, has refused to condemn the property on those proofs, and has given the captors leave to take further roofs, or where the claimant of any propert shall satisf · the court that the same has a peculiar and intrinsic vafiie to him, indlependent of its market-value. In anly of these cases, the court may deliver the ropert on stipulation or eposit of its value, if satisfied that the rights andy interests of the United States and captors, or of other claimants, will not be prejudiced thereby; but a satisfactory appraisement shall be first made, and an op rtunity given to the district attorney and naval prize-commissioner to hgheard as to the appointment of appraisers. Any money deposited in lieu of stipulation, and all money collected on a stipulation, not being costs, shall be deposited with the assistant treasurer, in the same manner as proceeds of a sale. When property Sec. 4627. Whenever any prize-property is condemned, or at any stage mW be S0 d- of the proceedings is found y the court to be perishing, perishable, or Ibid,) S, g, p, 308, liable to deteriorate or depreciate, or whenever the costs of keeping the same are disproportionate to its value, the court shall order a sale of such property; and whenever, after the return-day on the libel, all the parties in interest who have appeared in the cause agree thereto, the court may make such order; and no appeal shall operate to prevent the makin or execution of such order. Mode of making Sec. 4628. Upon a sale of any prize-property by order of the court. We- the Secretary o the Navy shall employ an auctioneer of known skill in ibid, the branch of business to which any sale pertains, to make the sale, but the sale shall be conducted under the supervision of the marshal, and the collecting and depositing of the gross proceeds shall be by the auctioneer or his agent. Before any sale the marshal shall cause full catalogues and schedules to be prepared and circulated, and a copy of each shall be returned by the marshal to the court in each cause. The marshal shall cause all sales to be advertised fully and cons icuously in newspapers ordered bv the court, and by posters, and he shall, at least five ays before the sale, serve notice thereof upon the naval prize·commissioner, and the goods shall be open to inspection at least three days before the sale. Transfer of prop- Sec. 4629. Whenever it appears to the court, in the case of any prize- ,,rtyt0=m<>therd¤¤· property ordered to be sold, that it will be for the interest of all parties t"'°* i°" ”l°· to have it sold in another district, the court may direct the marshal to Ibid.,s. 30, p.315. transfer the same to the district selected by the court for the sale, and to insure the same, with pro r orders as to the time and manner of selling the same. It shall be the duty of the marshal so to transfer the property, and keep and sell the same in like manner as if the roperty were in his own district; and he shall deposit the gross proceeds of the