Page:United States Statutes at Large Volume 58 Part 2.djvu/291

 58 STAT.] CANADA-JURISDICTION OVER PRIZES May 24, 1943 Aug. 13, 1943 documents and papers, and inventory thereof, and shall take the affidavit of the prize master required by section 1134 of this title, and shall forthwith take the testimony of the witnesses sent in, separate from each other, on interrogatories prescribed by the court, in the manner usual in prize courts; and the witnesses shall not be permitted to see the interrogatories, documents, or papers, or to consult with counsel, or with any persons interested with- out special 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 attor- ney, on interrogatories prescribed by the court. They shall also, as soon as any prize 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 inven- tory that the cargo be unladen, they shall apply to the court for an order to the marshal to unlade the same, and shall, from time to time, report to the court anything relating to the con- dition of the property, or its custody or disposal, which may require any action by the court, but the custody of the property shall be in 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, and the other preparatory evidence, and the evidence taken de bene esse, and their own inventory of the prize prop- erty; 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." Upon the receipt from the Canadian Government of the consent required by section 3 of the Act, this Government will take appro- priate measures in accordance with section 7 of the Act to confer reciprocal privileges with respect to prizes upon the Canadian Government. Accept, Sir, the renewed assurances of my highest consideration. For the Secretary of State: BRECKINRIDGE LONG The Honorable LEIGHTON MCCARTHY, K .C., Minister of Canada. 56 Stat. 746, 747. 50 U. S. 0., Supp. III, app. §§ 823, 827.

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