either to acquit or
condemn
the same upon the evidence
arising from the preparatory examinations taken on the
said Interrogatories, and upon the papers found,
delivered up, or taken in or with such capture,
or on board any other captured ship regarding
the same, unless it shall appear doubtful
to the Judge whether such capture be lawful
prize or not, and unless it shall appear necessary,
according to the circumstances of the case, for the
clearing and determining such doubt, to have such
further evidence as the said Judge may
deem requisite, having regard to the circumstances of the
case
and the practice of the court, in which case
he shall make such decree for further proof on
the part of any
party applying for the same
as to him
may
seem meet.
44
...
take notice that
they are specially
bound
to proceed
to
condemnation.
On the
The said Judges
shall not
proceed to condemnation for
mere want of a claim, unless there be sufficient
evidence that the property belongs to the Enemy
or
is otherwise liable to condemnation or confiscation
...
62
but in case there be no
such evidence the Judge shall wait
a year and
a day from the return of the monition,
before he proceed to condemnation or confiscation for
the want of
a claim.
3. In case of a decree for further proof
the
Judge
shall order the capture to be appraised by persons
to be appointed by the Court, and
sworn
to
appraise the same according to the best of their
skill and knowledge, and for such purpose the Judge shall cause, if he shall think fit, the
goods found on board to be unladen and, an
Inventory thereof being first taken by the Marshal
or other Officer, the Judge shall cause all such
parts of the Goods
as
are perishable to
be
sold by Public sale (for the clear amount of which only the Captors shall be answerable to the Claimants) and the remainder unsold to be put into proper warehouses with separate locks of
the Collector and Comptroller of the Customs,
and where
there is
no
Collector
or
Comptroller, then of some
indifferent
person appointed by the Judge and agents or persons
employed
either to acquit or
condemn
the same upon the evidence
arising from the preparatay examinations taken on the
said Interrogatories, and upon the papers found,
delivered up, or taken in or with such capture,
or on bowed any other captured ship regarding
the same, unless it shall appear doubtful
to the Judge whether such capture be lawful
prize or not, and unless it shall appear necessary,
according to the circumstances of the case, for the
clearing and determining such doubt, to have such
further evidence as the said ludge may
requisite. having regard to the circumstances of the
and the practice of the court, in which case
case
consider
he shall make such decree for further proof ou
party applying for the same
the part of any
as to him.
may
been meet.
44
ما
take notice that
are specially
anot
во
proceed
ti
condemnation.
on the
The said Judges
they are
mere want of a clain, unless there be sufficiens
evidence that the property belongs to the Enemy
ΟΥ
is otherwise hable to condemnation or confiscation
beet
62
such evidence the judge shall wait
but in case there be no
a year and
a day from the releven of the monition.
before he proceed to condemnation or confiscation for
the want of
a clain.
3th In case of a decree for further proof
the
Judge
shall order the capture to be appraised by pervous
to be appointed by the Court, and
swork
to
appraise the same according to the best of their
skill and knowledge, and for such purpose the Judge shall cause, if he shall thick fil, the
goods found on board to be unladen and, an
Inventory thereof being first taken by the Marsha
or other Officer, the Judge shall cause all such
parts of the Goods.
as
are perishable to
be
sold by Public tale ( for the clear amount of which only the Captors thall be answerable to the Claimants) and the remainder unsold to be put into proper warehouses with separate locks of
the Collector and Comptroller of the Customs,
and where
there is
no
Colled or
or comptroller, then of some.
indifferent
person appointed by the sudge and agents or persons
employed
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