Page:United States Statutes at Large Volume 59 Part 2.djvu/625

 Nov. 3, 1942 1301 59 STAT.] NEW ZEALAND-JURISDICTION OVER PRIZES- J. 28 . 19431301 November 3,1942, and Agreement between the United States of America and New Zealand J uary28,1943 respecting jurisdiction over prizes. Effected by exchange of notes [E. A. .454] signed at Wellington November 3, 1942, and January 28, 1943. The American ChargedPAffaires ad interimto the New ZealandPrime Minister LEGATION OF THo UNITED STATES OF AMERICA Wellington, New Zealand. November 3, 1942. SIR: I have the honor to refer to my note dated February 21, 1942 [1] and to your note dated April 13, 1942 [1] in reply with regard to changes under consideration by my Government concerning vessels taken as prizes by United States Naval forces in foreign waters far from a United States port. The changes in prize court procedure proposed by my Government are contained in Public Law 704 - 77th Congress, an Act to facilitate the disposition of prizes captured by the United States during the present war, and for other purposes, which was approved on August 18, 1942. [2] A copy of the Act is enclosed. 66 Stat. 746. Section 3 of the Act provides that the authority contained in the Act shall not be exercised over prizes brought into the territorial waters of a cobelligerent, and that prizes shall not be taken or appro- priated within such territorial waters for the use of the United States unless the government having jurisdiction over such territorial waters consents thereto. Section 5 of the Act provides for the exercise abroad by special prize commissioners of the duties prescribed for such commissioners and such additional duties as the district courts of the United States may deem necessary or proper for carrying out the purposes of the Act. The duties of prize commissioners are set out in Title 34, U.S.C., Section 1138, which reads as follows: "§ 1138. Duties of prize commissioners. The prize commis- sioners, or one of them, shall receive from the prize master the 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 '[Not printed.] 2 [See also proclamation of April 1, 1943 (57 Stat. 738).]

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