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35. Were and are all the passports, sea-briefs, charter-parties, bills of sale, invoices, and papers which were found on board, entirely true and fair, or are any of them false or colorable? Do you know of any matter or circumstance to affect their credit? By whom were the passports or sea-briefs obtained, and from whom? Were they obtained for this vessel only, and upon the oath or affirmation of the persons therein described, or were they delivered to or on behalf of the person or persons who appear to have been sworn or to have affirmed thereto without their having ever, in fact, made any such oath or affirmation? How long a time were they to last? Was any duty or fee payable and paid for the same, and is there any duty or fee to be paid on the renewal thereof? Have such passports been renewed, and how often, and has the duty or fee been paid for such renewal ? Was the vessel in a port in the country where the passports and seabriefs were granted; and if not, where was the vessel at the time? Had any person on board any passport, license, or letters of safe conduct? If yea, from whom, and for what business? If it should appear that there are in the United States, or in any other place or country besides the United States, any bills of lading, invoices, instruments, or papers relative to the vessel and goods concerning which you are now examined, state how they were brought into such place or country. In whose possession are they, and do they differ from any of the papers on board, or in the United States, or elsewhere, and in what particular do they differ? Have you written or signed any letters or papers concerning the vessel and her cargo? What was their purport? To whom were they written and sent, and what has become of them? 36. Towards what port or place was the vessel steering her course at the time of her being first pursued and taken? Was her course altered upon the appearance of the vessel by which she was taken? Was her course at all times, when the weather would permit, directed to the place or port for which she appears to have been destined by the ship papers? Was the vessel, before or at the time of her capture, sailing beyond or wide of the said place or port to which she was so destined by the said ship papers? At what distance was she therefrom? Was her course altered at any, and what time, and to what other port or place, and for what reason?

37. By whom and to whom hath the said vessel been sold or transferred, and how often? At what time and at what place, and for what sum or consideration, has the same been paid or satisfied? Was the sum paid, or to be paid, a fair and true equivalent, or what security or securities have been given for the payment of the same; and by whom,

and where do they now live? Do you know, or believe in your conscience, such sale or transfer has been truly made, and not for the purpose of covering or concealing the real property. Do you verily believe that if the vessel should be restored, she will belong to the persons now asserted to be the owners, and to none others?

38. What guns were mounted on board the vessel, and what arms and ammunition were belonging to her? Why was she so armed? Were there on board any other guns, weapons, warlike arms, or armament of any name or description, and if any, what? Were there any parts of warlike arms, not put together or finished, or any ammunition, fixed or unfixed, or any balls, shells, rockets, hand-grenades, flints, percussion caps, or any other thing known to be intended for military equipment? Were there any belts, ball-moulds, saltpetre, nitre, camp equipage, military tools, uniforms, soldiers' clothing, or accoutrements, or any parts of them, or any sort of warlike or naval stores? Were any of such warlike or naval stores, or things, thrown overboard to prevent suspicion at the time of the capture; and were any such warlike stores, before described, concealed on board under the name of merchandise, or any other colorable appellation, in the ship papers? If so, what are the marks on the casks, bales, and packages in which they were concealed? Are any of the before-named articles, and which, for the sole use of any fortress or garrison in the port or place to which such vessel was destined? Do you know, or have you heard of any ordinance, placard, or law, existing in such country or State forbidding the exportation of the same by private persons without license? Were such warlike or naval stores put on board by any public authority? When and where were they put on board?

39. What is the whole which you know or believe, according to the best of your knowledge and belief, regarding the real and true property and destination of the vessel and cargo concerning which you are now examined, at the time of the capture?

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40. Did the said vessel, on the voyage in which she was captured, (or on) or during any or what former voyage or voyages, sail under convoy of any ship or ships of war, or other armed vessel or vessels? For what reason or purpose did she sail under such convoy? Of what force was or were such convoying ship or ships, and to what state or country did the same belong? What instructions or directions had you or did you receive on each and every of such voyages, when under convoy, respecting your sailing or keeping in company with such armed or convoying ship or ships; and from whom did you receive such instructions or directions? Had you any, and what directions or

instructions, and from whom, for resisting, or endeavoring to avoid or escape from capture, or for destroying, concealing, or refusing to deliver up your vessel's documents and papers; or any, and what other papers, that might be or were put on board your said ship? If so, state the tenor of such instructions and all particulars relating thereto. Are you in possession of such instructions, or copies thereof? If so, leave them with the commissioner, to be annexed to your deposition.

41. Did the said vessel, during the voyage in which she was captured, or on making any and what former voyage or voyages, sail to, or attempt to enter, any port under blockade by the arms or forces of any, and what, belligerent power? If so, when did you first learn or hear of such port being so blockaded, and were you at any, and what time, and by whom warned not to proceed to, or to attempt to enter into, or to escape from, such blockaded port? What conversation or other communication passed thereon? And what course did you pursue upon and after being so warned off?

42. Whether or no the vessel, concerning which you are examined, did sail on her last voyage prior to her seizure, carrying a commission or license as a privateer, or letter of marque and reprisal, or other authority from any person or persons, to cruise against the persons or property of citizens of the United States, and to make prizes thereof. By whom was such authority, license, or direction given, and when? Was it in writing? If so, did it remain with the vessel up to the time of her capture, or was it destroyed or concealed previous thereto? When, and by whom? What were the contents or purport thereof? State all the facts in your knowledge within this inquiry, and the sources of such knowledge. Also state fully all the acts known to you to have been done by the vessel, her master or crew, under such commission or license, up to the period of her capture.

43. Whether or no the said vessel inquired about, at any time, and when and where, sailed or acted in company or concert with any other armed vessel or vessels, and what, in cruising against, pursuing, or seizing as prize, any persons, vessels, or property of citizens of the United States? Declare fully and particularly your knowledge, information, and belief therein.

A.

INDEX.

Appraisal.

See APPEAL.

Action.

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See APPRAISER.

BAIL, 1.

CONDEMNATION, 26, 28, 36, 40.
COSTS, 14.

JURISDICTION, 2.

PRACTICE, 43 to 47, 59, 60.
SALE, 1.

Appraiser.

1. An appraiser appointed by the court, on
the application of the claimant, to ap-
praise the prize property, with a view
to its delivery on bail to the claimant,
not having been paid his compensation,
applied to the court to tax his costs for
the service, and direct them to be paid
out of the proceeds of the property, but
the application was denied. The Sally
Magee, 596.

2. The charges of appraising and bonding
such property must be borne by the
party who applies to have it bonded.
Id.

3. The appraiser having charged one per cent.
on the value of the property appraised,
and the prize commissioners having re-
ported that one-half of that amount
would be a proper compensation: Held,
that the appraiser had no right to de-
mand a quantum meruit for his services,
or any further reward than the per diem
allowance provided by statute or the
standing rules of the court for that de-
scription of services. Id.

Agent.

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See CONFISCATION, 3.

Answer.

See PLEADING, 2, 3, 5, 8, 9, 12.
PRACTICE, 10, 51.

Appeal.

1. An appeal to the Supreme Court from the
decree of this court in a prize cause re-
moves the cause from this court, and
places the prize property exclusively
under the control of the appellate tri-
bunal. The Peterhoff, 620,

2. Pending such an appeal, this court refused
to order the costs of the prize cominis-
sioner to be paid out of the funds in this
case. Id.

See COSTS, 14.

PRACTICE, 3.

SALE, 1, 2, 6, to 9.

Army.

CONDEMNATION, 113.
JURISDICTION, 10.

Arrest.

1. It is competent for any person to take pos-
session of property seizable as prize
when found within the jurisdiction of
the court. The Tropic Wind, 64.

2. The vessel and cargo were seized in
Hampton Roads, near Fortress Monroe,
by Major General Butler, of the army,
and sent to New York and there libelled
as prize: Held, that the arrest was legal,
and the suit regularly instituted. Id.
3. Where an offence against the prize law
has been committed, the vessel or cargo
may be arrested anywhere at sea, or
within the dominions of the capturing
power, and by any person, officer, or
citizen, as. property belonging to the
government. The Prince Leopold, 89.
See BLOCKADE, 18, 37, 43 to 47, 54, 55, 63.
CAPTURE, 3 to 8.

CONDEMNATION, 52, 73, 76, 78, 100, 113,
125 to 127.
COSTS, 14, 15.

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