Horace Gray

“ The law of nations presumes and requires that in time of war every neutral vessel shall have on board papers showing her character, and shall also have officers and crew able to testify to facts establishing her neutrality. The captors are therefore required immediately to produce to the prize court the ship's papers, and her master, or some of her principal officers or crew, to be examined on oath upon standing interrogatories, and without communication with or instruction by counsel. ”

“ Whatever effect Prioleau's omission to disclose his own interest might have had, if discovered, upon the issue in the prize cause, or might have by way of estoppel, if the present suit were brought by the United States, he has done nothing which Laird or Laird's creditors have been misled by or have acted upon. The title in the vessel, as between Laird and Prioleau, was in Prioleau. The garnishees, being attorneys both of Laird and Prioleau, received the proceeds in the name of Laird, but for Prioleau. ”

“ The supreme court in reversing that decree decided that the Wren was not enemy property, but was property of John Laird, Jr. (3) the garnishees, acting for Prioleau, procured the supreme court to make that decision. (4) Prioleau is chargeable with notice of all the proceedings in the prize court and in the supreme court. (5) The proceeds of the Wren in the prize court were subject to the attachment served upon them in the district court of Florida at the time when the consent of the libelants' proctor to the dissolution of such attachment was obtained. ”

“ As incidental to the question of the lawfulness of the capture, prize courts have doubtless jurisdiction to determine the liability of the captors for damages, expenses, and costs occasioned by their own wrongful acts, or by the fault of those in charge of the prize while in their custody. ”

“ After that decree of this court, Foster & Thomson made and sent to Prioleau a draft of a power of attorney to be executed by Laird and by Stiles and in due time received from Prioleau the power so executed, authorizing Foster & Thompson to receive from the United States, or from any officer or depo itary thereof, restitution of the proceeds of the sale of the Wren ”

“ Story's note, 2 Wheat. App. 68; 3 Phill. Int. Law, § 492. It does not establish the title of any particular person, unless conflicting claims are presented to the court and passed upon. In Penhallow v. ”