International Law. A Treatise Volume Ii Part 113

[Sidenote: Adjudication by Court.]

20. After the Return of the Monition, the Court shall, on Production of the Preparatory Examinations and s.h.i.+p Papers, proceed with all convenient Speed either to condemn or to release the captured s.h.i.+p.

[Sidenote: Further Proof.]

21. Where, on Production of the Preparatory Examinations and s.h.i.+p Papers, it appears to the Court doubtful whether the captured s.h.i.+p is good Prize or not, the Court may direct further Proof to be adduced, either by Affidavit or by Examination of Witnesses, with or without Pleadings, or by Production of further Doc.u.ments; and on such further Proof being adduced the Court shall with all convenient Speed proceed to Adjudication.

[Sidenote: Custody, &c. of s.h.i.+ps of War.]

22. The foregoing Provisions, as far as they relate to the Custody of the s.h.i.+p, and to Examination on the Standing Interrogatories, shall not apply to s.h.i.+ps of War taken as Prize.

_Claim._

[Sidenote: Entry of Claim; Security for Costs.]

23. At any Time before Final Decree made in the Cause, any Person claiming an Interest in the s.h.i.+p may enter in the Registry of the Court a Claim, verified on Oath.

Within Five Days after entering the Claim, the Claimant shall give Security for Costs in the Sum of Sixty Pounds; but the Court shall have Power to enlarge the Time for giving Security, or to direct Security to be given in a larger Sum, if the Circ.u.mstances appear to require it.

_Apprais.e.m.e.nt._

[Sidenote: Power to Court to direct Apprais.e.m.e.nt.]

24. The Court may, if it thinks fit, at any Time direct that the captured s.h.i.+p be appraised.

Every Apprais.e.m.e.nt shall be made by competent Persons sworn to make the same according to the best of their Skill and Knowledge.

_Delivery on Bail._

[Sidenote: Power to Court to direct Delivery to Claimant on Bail.]

25. After Apprais.e.m.e.nt, the Court may, if it thinks fit, direct that the captured s.h.i.+p be delivered up to the Claimant, on his giving Security to the Satisfaction of the Court to pay to the Captors the appraised Value thereof in case of Condemnation.

_Sale._

[Sidenote: Power to Court to order Sale.]

26. The Court may at any Time, if it thinks fit, on account of the Condition of the captured s.h.i.+p, or on the Application of a Claimant, order that the captured s.h.i.+p be appraised as aforesaid (if not already appraised), and be sold.

[Sidenote: Sale on Condemnation.]

27. On or after Condemnation the Court may, if it thinks fit, order that the s.h.i.+p be appraised as aforesaid (if not already appraised), and be sold.

[Sidenote: How Sales to be made.]

28. Every Sale shall be made by or under the Superintendence of the Marshal of the Court or of the Officer having the Custody of the captured s.h.i.+p.

[Sidenote: Payment of Proceeds to Paymaster General or Official Accountant.]

29. The Proceeds of any Sale, made either before or after Condemnation, and after Condemnation the appraised Value of the captured s.h.i.+p, in case she has been delivered up to a Claimant on Bail, shall be paid under an Order of the Court either into the Bank of _England_ to the Credit of Her Majesty's Paymaster General, or into the Hands of an Official Accountant (belonging to the Commissariat or some other Department) appointed for this Purpose by the Commissioners of Her Majesty's Treasury or by the Lords of the Admiralty, subject in either case to such Regulations as may from Time to Time be made, by order in Council, as to the Custody and Disposal of Money so paid.

_Small armed s.h.i.+ps._

[Sidenote: One Adjudication as to several small s.h.i.+ps.]

30. The Captors may include in One Adjudication any Number, not exceeding Six, of armed s.h.i.+ps not exceeding One hundred Tons each, taken within Three Months next before Inst.i.tution of Proceedings.

_Goods._

[Sidenote: Application of foregoing Provisions to Prize Goods.]

31. The foregoing Provisions relating to s.h.i.+ps shall extend and apply, _mutatis mutandis_, to goods taken as Prize on board s.h.i.+p; and the Court may direct such goods to be unladen, inventoried, and warehoused.

_Monition to Captors to proceed._

[Sidenote: Power to Court to call on Captors to proceed to Adjudication.]

32. If the Captors fail to inst.i.tute or to prosecute with Effect Proceedings for Adjudication, a Monition shall, on the Application of a Claimant, issue against the Captors, returnable within Six Days from the Service thereof, citing them to appear and proceed to Adjudication; and on the Return thereof the Court shall either forthwith proceed to Adjudication or direct further Proof to be adduced as aforesaid and then proceed to Adjudication.

_Claim on Appeal._

[Sidenote: Person intervening on Appeal to enter Claim.]

33. Where any Person, not an original Party in the Cause, intervenes on Appeal, he shall enter a Claim, verified on Oath, and shall give Security for Costs.

III.--SPECIAL CASES OF CAPTURE.

_Land Expeditions._

[Sidenote: Jurisdiction of Prize Court in case of Capture in Land Expedition.]

34. Where, in an Expedition of any of Her Majesty's Naval or Naval and Military Forces against a Fortress or Possession on Land, Goods belonging to the State of the Enemy or to a Public Trading Company of the Enemy exercising Powers of Government are taken in the Fortress or Possession, or a s.h.i.+p is taken in Waters defended by or belonging to the Fortress or Possession, a Prize Court shall have Jurisdiction as to the Goods or s.h.i.+p so taken, and any Goods taken on board the s.h.i.+p as in case of Prize.

_Conjunct Capture with Ally._

[Sidenote: Jurisdiction of Prize Court in case of Expedition with Ally.]

35. Where any s.h.i.+p or Goods is or are taken by any of Her Majesty's Naval or Naval and Military Forces while acting in conjunction with any Forces of any of Her Majesty's Allies, a Prize Court shall have Jurisdiction as to the same as in the case of Prize, and shall have Power, after Condemnation, to apportion the due share of the Proceeds to Her Majesty's Ally, the proportionate Amount and the Disposition of which Share shall be such as may from Time to Time be agreed between Her Majesty and Her Majesty's Ally.

_Joint Capture._

[Sidenote: Restriction on Pet.i.tions by a.s.serted joint Captors.]

36. Before Condemnation, a Pet.i.tion on behalf of a.s.serted joint Captors shall not (except by special Leave of the Court) be admitted, unless and until they give Security to the Satisfaction of the Court to contribute to the actual Captors a just Proportion of any Costs, Charges, and Expenses or Damages that may be incurred by or awarded against the actual Captors on account of the Capture and Detention of the Prize.

After Condemnation, such a Pet.i.tion shall not (except by special Leave of the Court) be admitted unless and until the a.s.serted joint Captors pay to the actual Captors a just Proportion of the Costs, Charges, and Expenses incurred by the actual Captors in the Case, and give such Security as aforesaid, and show sufficient Cause to the Court why their Pet.i.tion was not presented before Condemnation.