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upon standing interrogatories prescribed by the court." These depositions are returned by the commissioner to the court, and, with the documentary evidence obtained from the captured property, constitute the only evidence on which the cause is heard in the first instance. If upon this evidence the case is doubtful, the court may require further proofs to be taken; but in no case are witnesses examined orally before the court. At any time after the property is brought within the jurisdiction of the court a libel may be filed for its condemnation. The proceeding must be in rem. Where the capture has been made by a public vessel of the United States the libel is filed in the name of the United States by the district attorney.? Where the capture is made by a privateer the proceeding is begun in the name of the captors by their own proctors. Upon the filing of the libel a monition will issue, which, in case the captured property is in port, is served by the marshal in the same way as in proceedings for forfeiture under the revenue laws. If the property is not in port, as, for example, where it has been carried into a foreign port and there delivered upon bail by the captors, the monition must be served on the parties in interest, their agent, or proctor, if known to reside in the district; otherwise by publication daily in one of the newspapers of the port for ten successive days preceding the return.8 Any person interested in the property who wishes to contest the capture or procure restitution of the property captured, must file a claim thereto under

4 U. S. R. S., $ 4622.

5 The Dos Hermanos, 2 Wheat. 76, 4 L. ed. 189; The Sir William Peel, 5 Wall. 517, 18 L. ed. 696; The Ambrose Light, 25 Fed. 408. U. S. R. S., $ 4654. "Whenever the court shall allow fees to any witness in a prize-cause, or fees for taking evidence out of the district in which the court sits, and there is no money subject to its order in the cause, the same shall be paid by the marshal, and shall be repaid to him from any money deposited to the order of the court in the cause; and any amount not so repaid the marshal shall be allowed as witnessfees paid by him in cases in which

the United States is a party." Pierce's Code, $ 9613.

6 U. S. R. S., $ 4618.

7 The Palmyra, 12 Wheat. 1, 6 L. ed. 531; Jecker v. Montgomery, 18 How. 110, 124, 15 L. ed. 311, 317.

8 S. D. N. Y. Prize Rules, Rule 44. U. S. R. S., $ 4625. “The marshal shall be allowed his actual and necessary expenses for the custody, care, preservation, insurance, sale, or other disposal of the prize-property, and for executing any order of the court respecting the same, and shall have a commission of onequarter of one per centum on vessels, and of one-half of one per

centum on all other prize-property, each marshal shall forward to the calculated on the gross proceeds of Secretary of the Navy, whenever each sale; and if, after he has had and as often as the Secretary of the any prize-property in his custody, Navy may require it, a full stateand has actually performed labor ment of the condition of each prize and incurred responsibility for the and of the disposal made thereof." care and preservation thereof, the Comp. St., $ 8402. $ 4624. “When same is taken by the United States ever any captured vessel, arms, mufor its own use without a sale, or nitions, or other material are taken if it is delivered on stipulation to for the use of the United States the claimants, he shall, in case the before it comes into the custody of same is condemned, be entitled to the prize court, it shall be surveyed, one-half the above commissions on appraised, and inventoried, by perthe amount deposited by the United sons as competent and impartial as States to the order of the courts, can be obtained, and the survey, or collected upon the stipulation. appraisement, and inventory shall No charges of the marshal for ex-. be sent to the court in which propenses or disbursement shall be al. ceedings are to be had; and if lowed, except upon his oath that taken afterward, sufficient notice the same have been actually and shall first be given to enable the necessarily incurred for the purpose court to have the property apstated.” Comp. St., $ 8421. See praised for the protection of the supra, 418. “§ 4623. The mar. rights of the claimants and captors. shal shall safely keep all prize prop. In all cases of prize-property taken erty under warrant from the court, for or appropriated to the use of and shall report to the court and the Government, the Department for cargo or other property that he whose use it is taken or appropriated thinks required to be unladen and shall deposit the value thereof with stored, or to be sold. He shall in the assistant treasurer of the United sure prize-property, if in his judg. States nearest to the place of the . ment it is for the interest of all session of the court, subject to the concerned. He shall keep in his order of the court in the cause." custody all persons found on board Comp. St., $ 8403. "$ 4625. If a prize and sent in as witnesses, by reason of the condition of the until they are released by the prize captured property, or if because the commissioners or the court. If a whole has been appropriated to the sale of property is ordered, he shall use of the United States, no part sell the same in the manner re. of it has been or can be sent in quired by the court, and collect the for adjudication, or if the property purchase-money, and forthwith de- has been entirely lost or destroyed, posit the gross proceeds of the sales proceedings for adjudication may be with the assistant treasurer of the commenced in any district the SecUnited States nearest the place of retary of the Navy may designate; sale, subject to the order of the and in any such case the proceeds court in the particular cause; and of anything sold, or the value of

Fed. Prac. Vol. III—66

oath. If on the return-day no claim is interposed, a default will be entered, and the property condemned. Suspension of proceedings for a year and a day after the default is allowed only where it is doubtful, upon the evidence, whether the captured property belongs to the enemy or is neutral. Prize property will not be delivered to the claimant on stipulation, deposit, or other security, except where there has been a decree of restitution and the captors have appealed therefrom, or where the court, after a full hearing on the preparatory proofs, has refused to condemn the property, and has given the captors leave to take further proofs, or where the claimant satisfies the court that the property has a peculiar and intrinsic value to him, independent of its market value.

In such a case the court may deliver the property on stipulation or deposit of its value, if satisfied that the rights and interests of the United States and the captors, or of other claimants, will not be prejudiced thereby; but à satisfactory appraisement must first be made, and an opportunity given to the district attorney and the naval prize-commissioner to be heard as to the appointment of appraisers.10 By consent of the captors and claimants, or upon proof that the cargo is perishing, perishable, or liable to deteriorate or depreciate, or whenever the costs of keeping the same are disproportionate to its value, the court will order a sale by the marshal, the proceeds of which must be

anything taken or appropriated for property may, in any district court the use of the United States, shall as a court of prize, move for a be deposited with the assistant treas. monition to show cause why such urer in or nearest to that district, proceedings shall not be commenced, subject to the order of the court or institute an original suit in such in the cause. If, when no property court for restitution, and the monican be sent in for adjudication, the tion issued in either case shall be Secretary of the Navy shall not, served on the attorney of the United within three months after any cap- States for the district, and on the ture, designate a district for the - Secretary of the Navy, as well as on institution of proceedings, the cap. such other persons as the court shall tors may institute proceedings for order to be notified.'). Comp. St., adjudication in any district. And $ 8404. if in any case of capture no pro 9 The Julia, 2 Spra. 164; The ceedings for adjudication are com- Talcon, Blatchf. Prize Cas. 52. menced within a reasonable time, 10 U. S. R. S., $ 4626. any parties claiming the captured

deposited with the assistant treasurer nearest to the place of sale, subject to the order of the court.11

The decree of the court is either for condemnation or for acquittal and restitution. In case of condemnation the court will order testimony to be taken to show who are entitled to share in the distribution, and upon such testimony will make the final decree. In case of acquittal the court will decree delivery of the property or its proceeds, if it has been sold to the claim

11 U. S. R. S., § 4627; The and to insure the same, with proper Pioneer, Blatchf. Prize Cas. 61; orders as to the time and manner The Sarah and Caroline, id. 123. of selling the same. It shall be U. S. R. S., & 4628. “Upon a sale the duty of the marshal so to transof any prize-property by order offer the property, and keep and sell the court, the Secretary of the Navy the same in like manner as if the shall employ an auctioneer of known property were in his own district; skill in the branch of business to and he shall deposit the gross prowhich any sale pertains, to make ceeds of the sale, subject to the the sale, but the sale shall be con treasurer nearest to the place of ducted under the supervision of the sale, subject to the order of the marshal, and the collecting and de- court in which the adjudication positing of the gross proceeds shall thereon is pending. The necessary be by the auctioneer or his agent. expenses attending the insuring, Before any sale the marshal shall transferring, receiving, keeping, and cause full catalogues and schedules selling the property shall be a to be prepared and circulated, and charge upon it and upon the proa copy of each shall be returned ceeds thereof; and whenever any by the marshal to the court in each such expense is paid in advance by cause. The marshal shall cause all the marshal, and he is not repaid sales to be advertised fully and con- from the proceeds, any amount not spicuously in newspapers ordered by so repaid shall be allowed to him, the court, and by posters, and he as in case of expenses incurred shall, at least five days before the in suits in which the United States sale, serve notice thereof upon the is a party. The Secretary of the naval prize-commissioner, and the Navy may, in like manner, either goods shall be open to inspection by a general regulation or by spe. at least three days before the cial direction in any cause, require sale." Comp. St., 8 8507. $ 4629. a marshal to transfer any prizeWhenever it appears to the court, property from the district in which in the case of any prize-property the judicial proceedings are pendordered to be sold, that it will be ing, to any other district for sale; for the interest of all parties to and the same proceedings shall be have it sold in another district, the had as if such transfer had been court may direct the marshal to made by order of the court." Comp. transfer the same to the district St., § 8408. selected by the court for the sale,

ant, and may award damages against the captors, which will be assessed by commissioners appointed on motion.12 Where there was probable cause for the seizure, damages are denied.18 An appeal lies from the final decree of the District court direct to the Supreme Court, irrespective of the amount involved. 14 It must be taken within thirty days after the rendering of the decree. 16

$ 606. Proceedings on seizures. The Judicial Code provides that the District courts of the United States shall have original jurisdiction “of all suits and proceedings for the enforcement of penalties and forfeitures incurred under any law of the United States.'' 1

Proceedings for the condemnation and sale of goods are in rem. Where the seizure is made on land, the court sits as a court of law with a jury; 2 where the seizure is made on water, the court sits as a court of admiralty or as a court with a similar practice. In navigation, customs and revenue cases, it is the safer practice to seize through the marshal the property before

18 The Anna Maria, 2 Wheat. 327, 4 L. ed. 252; The Ambrose Light, 25 Fed. 408, 447. As to costs, see The Olinde Rodrigues, 174 U. S. 510, 43 L. ed. 1065; The Buena Ventura, 175 U. S. 384, 395, 44 L. ed. 206, 211. · 18 The Thompson, 3 Wall. 155, 18 L. ed. 55.

14 26 St. at L. 827, 85; The Paquete Habana, 175 U. S. 677, 44 L, ed. 320.

16 U. S. R. S., & 1009; The Nuestra Senora de Regla, 17 Wall. 29, 21 L. ed. 596. U. S. R. S., $ 4636. “The Supreme Court may, if, in its judgment, the purposes of justice require it, allow any amend ment, either in form or substance, of any appeal in prize cases, or allow a prize appeal therein, if it appears that any notice of appeal or of intention to appeal was filed with the clerk of the district court within thirty days next after the

rendition of the final decree therein.” Comp. St., $ 8413. 8 4637. “Notwithstanding any appeal to Supreme Court, the district court may make and execute all necessary orders for the custody and disposal of the prize-property; and in case of appeal from a decree of condemnation, may still proceed to make a decree of distribution so far as to determine what share of the prize shall go to the captors, and what vessels are entitled to participate therein." Comp. St., $ 8414.

$ 606. 136 St, at L. 1087, $ 24. A statute is constitutional which authorizes the forfeiture of an automobile used in the unlawful transportation of intoxicating liquors. Grant Co. v. U. S., Feb'y 15, 1921, 41 Sup. Ct. 189.

2 U. S. v. George Spraul & Co., C. C. A., 185 Fed. 405.

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