These upon standing interrogatories prescribed by the court. 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. 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 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 centum on all other prize-property, calculated on the gross proceeds of each sale; and if, after he has had any prize-property in his custody, and has actually performed labor and incurred responsibility for the care and preservation thereof, the same is taken by the United States for its own use without a sale, or if it is delivered on stipulation to the claimants, he shall, in case the same is condemned, be entitled to one-half the above commissions on the amount deposited by the United States to the order of the courts, or collected upon the stipulation. No charges of the marshal for expenses or disbursement shall be allowed, except upon his oath that the same have been actually and necessarily incurred for the purpose stated.'' Comp. St., § 8421. See supra, § 418. "§ 4623. The mar shal shall safely keep all prize property under warrant from the court, and shall report to the court and cargo or other property that he thinks required to be unladen and stored, or to be sold. He shall insure prize-property, if in his judg ment it is for the interest of all concerned. He shall keep in his custody all persons found on board a prize and sent in as witnesses, until they are released by the prizecommissioners or the court. If a sale of property is ordered, he shall sell the same in the manner required by the court, and collect the purchase-money, and forthwith deposit the gross proceeds of the sales with the assistant treasurer of the United States nearest the place of sale, subject to the order of the court in the particular cause; and Fed. Prac. Vol. III-66 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." Comp. St., § 8402. $ 4624. When ever any captured vessel, arms, munitions, or other material are taken for the use of the United States before it comes into the custody of the prize court, it shall be surveyed, appraised, and inventoried, by persons as competent and impartial as can be obtained, 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. In all cases of prize-property taken for or appropriated to the use of the Government, the Department for whose use it is taken or appropriated shall deposit the value thereof with the assistant treasurer of the United States nearest to the place of the session of the court, subject to the order of the court in the cause." Comp. St., § 8403. "'§ 4625. If by reason of the condition of the captured property, or if because the whole has been appropriated to the use of the United States, no part of it has been or can be sent in for adjudication, or if the property has been entirely lost or destroyed, proceedings for adjudication may be commenced in any district the Secretary of the Navy may designate; and in any such case the proceeds of anything sold, or the value of 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 a 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 the use of the United 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 prize, move for a monition to show cause why such proceedings shall not be commenced, or institute an original suit in such court for restitution, and the moni tion issued in either case 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." Comp. St., § 8404. 9 The Julia, 2 Spra. 164; The Talcon, Blatchf. Prize Cas. 52. 10 U. S. R. S., § 4626. 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 The 11 U. S. R. S., § 4627; Pioneer, Blatchf. Prize Cas. 61; The Sarah and Caroline, id. 123. U. S. R. S., § 4628. "Upon a sale of any prize-property by order of the court, the Secretary of the Navy shall employ an auctioneer of known skill in 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 conspicuously in newspapers ordered by the court, and by posters, and he shall, at least five days 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." Comp. St., § 8507. § 4629. Whenever it appears to the court, in the case of any prize-property ordered to be sold, that it will be for the interest of all parties to have it sold in another district, the court may direct the marshal to transfer the same to the district selected by the court for the sale, and to insure the same, with proper 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 property were in his own district; and he shall deposit the gross proceeds of the sale, subject to the treasurer nearest to the place of sale, subject to the order of the court in which the adjudication thereon is pending. The necessary expenses attending the insuring, transferring, receiving, keeping, and selling the property shall be a charge upon it and upon the proceeds thereof; and whenever any such expense is paid in advance by the marshal, and he is not repaid from the proceeds, any amount not so repaid shall be allowed to him, as in case of expenses incurred in suits in which the United States is a party. The Secretary of the Navy may, in like manner, either by a general regulation or by special direction in any cause, require a marshal to transfer any prizeproperty from the district in which the judicial proceedings are pending, to any other district for sale; and the same proceedings shall be had as if such transfer had been made by order of the court. Comp. St., § 8408. 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. It must be taken within thirty days after the rendering of the decree.15 8606. 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 rem. Proceedings for the condemnation and sale of goods are in 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 12 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. . 13 The Thompson, 3 Wall. 155, 18 L. ed. 55. 14 26 St. at L. 827, §5; The Paquete Habana, 175 U. S. 677, 44 L. ed. 320. 15 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 amendment, 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. § 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., 2 U. S. v. George Spraul & Co., C. C. A., 185 Fed. 405. |