Jurisdiction of judicial committee in prize appeals. Custody of processes, papers, &c. Limit of time for appeal. Enforcement of orders of Every appeal shall be made in such manner and form and subject to such regulations (including regulations as to fees, costs, charges, and expenses) as may for the time being be directed by order in council, and in the absence of any such order, or so far as any such order does not extend, then in such manner and form and subject to such regulations as are for the time being prescribed or in force respecting maritime causes of appeal. 6. The Judicial Committee of the Privy Council shall have jurisdiction to hear and report on any such appeal, and may therein exercise all such powers as for the time being appertain to them in respect of appeals from any Court of Admiralty jurisdiction, and all such powers as are under this act vested in the High Court of Admiralty, and all such powers as were wont to be exercised by the Commissioners of Appeal in prize causes. 7. All processes and documents required for the purposes of any such appeal shall be transmitted to and shall remain in the custody of the registrar of her Majesty in prize appeals. 8. In every such appeal the usual inhibition shall be extracted from the registry of her Majesty in prize appeals within three months after the date of the order or decree appealed from if the appeal be from the High Court of Admiralty, and within six months after that date if it be from a Vice-Admiralty Prize Court. The Judicial Committee may, nevertheless, on sufficient cause shown, allow the inhibition to be extracted and the appeal to be prosecuted after the expiration of the respective periods aforesaid. Vice-Admiralty Prize Courts. 9. Every Vice-Admiralty Prize Court shall enforce within its jurisdiction all orders and decrees of the Judicial Committee in prize appeals and high court, &c. of the High Court of Admiralty in prize causes. Returns from [Sections 10 and 11 relate to the salaries and pensions of the judges of the Vice-Admiralty Prize Courts.] 12. The registrar of every Vice-Admiralty Prize Court shall, on the vice-admiralty first day of January and first day of July in every year, make out a return prize courts. (in such form as the lords of the admiralty from time to time direct) of all cases adjudged in the Court since the last half-yearly return, and shall with all convenient speed send the same to the registrar of the High Court of Admiralty, who shall keep the same in the registry of that Court, and who shall, as soon as conveniently may be, send a copy of the returns of each half-year to the lords of the admiralty, who shall lay the same before both houses of parliament. General orders General. 13. The Judicial Committee of the Privy Council, with the judge of the High Court of Admiralty, may from time to time frame general orders for regulating (subject to the provisions of this act) the procedure and practice of Prize Courts, and the duties and conduct of the officers thereof and of the practitioners therein, and for regulating the fees to be taken by the officers of the Courts, and the costs, charges, and expenses to be allowed to the practitioners therein. Any such general orders shall have full effect, if and when approved by her Majesty in council, but not sooner or otherwise. Every order in council made under this section shall be laid before both houses of parliament. Every such order in council shall be kept exhibited in a conspicuous place in each court to which it relates. 14. It shall not be lawful for any registrar, marshal, or other officer of Prohibition of any Prize Court, or for the registrar of her Majesty in prize appeals, officer of prize directly or indirectly to act or be in any manner concerned as advocate, court acting as proctor, &c. proctor, solicitor, or agent, or otherwise, in any prize cause or appeal, on pain of dismissal or suspension from office, by order of the Court or of the Judicial Committee (as the case may require). 15. It shall not be lawful for any proctor or solicitor, or person prac- Prohibition of tising as a proctor or solicitor, being employed by a party in a prize cause proctors being or appeal, to be employed or concerned, by himself or his partner, or by concerned for adverse parties any other person, directly or indirectly, by or on behalf of any adverse in a cause. party in that cause or appeal, on pain of exclusion or suspension from practice in prize matters, by order of the Court or of the Judicial Committee (as the case may require). II.-PROCEDURE IN PRIZE CAUSES. 16. Every ship taken as a prize, and brought into port within the Custody of jurisdiction of a Prize Court, shall forthwith, and without bulk broken, be prize ships. delivered up to the marshal of the Court. If there is no such marshal, then the ship shall be in like manner delivered up to the principal officer of customs at the port. The ship shall remain in the custody of the marshal, or of such officer, subject to the orders of the Court. 17. The captors shall, with all practicable speed after the ship is brought into port, bring the ship papers into the registry of the Court. The officer in command, or one of the chief officers of the capturing ship, or some other person who was present at the capture, and saw the ship papers delivered up or found on board, shall make oath that they are brought in as they were taken, without fraud, addition, subduction or alteration, or else shall account on oath to the satisfaction of the Court for the absence or altered condition of the ship papers or any of them. Where no ship papers are delivered up or found on board the captured ship, the officer in command, or one of the chief officers of the capturing ship, or some other person who was present at the capture, shall make oath to that effect. Bringing in of ship papers. 18. As soon as the affidavit as to ship papers is filed, a monition shall Issue of moniissue, returnable within twenty days from the service thereof, citing all tion. persons in general to show cause why the captured ship should not be condemned. 19. The captors shall, with all practicable speed after the captured ship Examinations is brought into port, bring three or four of the principal persons belonging on standing to the captured ship before the judge of the Court or some person autho- interrogarized in this behalf, by whom they shall be examined on oath on the tories. standing interrogatories. The preparatory examinations on the standing interrogatories shall, if possible, be concluded within five days from the commencement thereof. 20. After the return of the monition, the Court shall, on production of Adjudication the preparatory examinations and ship papers, proceed with all convenient by Court. speed either to condemn or to release the captured ship. 21. Where, on production of the preparatory examinations and ship Further proof. Custody, &c. of ships of war. Entry of for costs. Power to papers, it appears to the Court doubtful whether the captured ship 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 documents; and on such further proof being adduced the Court shall with all convenient speed proceed to adjudication. 22. The foregoing provisions, as far as they relate to the custody of the ship, and to examination on the standing interrogatories, shall not apply to ships of war taken as prize. Claim. 23. At any time before final decree made in the cause, any person claiming an interest in the ship 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 circumstances appear to require it. Appraisement. 24. The Court may, if it thinks fit, at any time direct that the captured Court to direct ship be appraised. appraisement. Power to Every appraisement shall be made by competent persons sworn to make the same according to the best of their skill and knowledge. Delivery on Bail. 25. After appraisement, the Court may, if it thinks fit, direct that the Court to direct captured ship 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. delivery to claimant on bail. Power to Sale. 26. The Court may at any time, if it thinks fit, on account of the conCourt to order dition of the captured ship, or on the application of a claimant, order that the captured ship be appraised as aforesaid (if not already appraised), and be sold. sale. Sale on condemnation. How sales to be made. Payment of proceeds to paymaster general or official accountant. One adjudica 27. On or after condemnation the Court may, if it thinks fit, order that the ship be appraised as aforesaid (if not already appraised), and be sold. 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 ship. 29. The proceeds of any sale, made either before or after condemnation, and after condemnation the appraised value of the captured ship, 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 Ships. 30. The captors may include in one adjudication any number, not ex ceeding six, of armed ships not exceeding one hundred tons each, taken tion as to sevewithin three months next before institution of proceedings. Goods. 31. The foregoing provisions relating to ships shall extend and apply, mutatis mutandis, to goods taken as prize on board ship; and the Court may direct such goods to be unladen, inventoried, and warehoused. Monition to Captors to proceed. ral small ships. Application of foregoing provisions to prize goods. 32. If the captors fail to institute or to prosecute with effect proceedings Power to Court for adjudication, a monition shall, on the application of a claimant, issue to call on against the captors, returnable within six days from the service thereof, captors to proceed to adjudiciting them to appear and proceed to adjudication; and on the return cation. 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. 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. Person intervening on appeal to enter claim. III. SPECIAL CASES OF Capture. [Sections 34 and 35 relate to the jurisdiction of Prize Courts in cases of capture in expeditions on land or in conjunction with allies.] [Section 36 relates to the procedure of Prize Courts on petitions by asserted joint captors.] Offences against Law of Prize. Crown. 37. A Prize Court, on proof of any offence against the law of nations, In case of or against this act, or any act relating to naval discipline, or against any offence by caporder in council or royal proclamation, or of any breach of her Majesty's tors, prize to instructions relating to prize, or of any act of disobedience to the orders be reserved for of the lords of the admiralty, or to the command of a superior officer, committed by the captors in relation to any ship or goods taken as prize, or in relation to any person on board any such ship, may, on condemnation, reserve the prize to her Majesty's disposal, notwithstanding any grant that may have been made by her Majesty in favour of captors. Pre-emption. 38. Where a ship of a foreign nation passing the seas laden with naval Purchase by or victualling stores intended to be carried to a port of any enemy of her admiralty for Majesty is taken and brought into a port of the United Kingdom, and the public service purchase for the service of her Majesty of the stores on board the ship of stores on board foreign appears to the lords of the admiralty expedient without the condemnation ships. thereof in a Prize Court, in that case the lords of the admiralty may purchase, on the account or for the service of her Majesty, all or any of the stores on board the ship; and the Commissioners of Customs may permit the stores purchased to be entered and landed within any port. Capture by Ship other than a Ship of War. 39. Any ship or goods taken as prize by any of the officers and crew of a ship other than a ship of war of her Majesty shall, on condemnation, belong to her Majesty in her office of admiralty. Prizes taken than ships of by ships other war to be droits of admiralty. Salvage to recaptors of IV. PRIZE SALVAGE. 40. Where any ship or goods belonging to any of her Majesty's subjects, after being taken as prize by the enemy, is or are retaken from the enemy British ship or by any of her Majesty's ships of war, the same shall be restored by decree goods from enemy. Permission to re-captured of a Prize Court to the owner, on his paying as prize salvage one-eighth part of the value of the prize to be decreed and ascertained by the Court, or such sum not exceeding one-eighth part of the estimated value of the prize as may be agreed on between the owner and the recaptors, and approved by order of the Court: Provided, that where the re-capture is made under circumstances of special difficulty or danger, the Prize Court may, if it thinks fit, award to the re-captors as prize salvage a larger part than one-eighth part, but not exceeding in any case one-fourth part, of the value of the prize. Provided also, that where a ship after being so taken is set forth or used by any of her Majesty's enemies as a ship of war, this provision for restitution shall not apply, and the ship shall be adjudicated on as in other cases of prize. 41. Where a ship belonging to any of her Majesty's subjects, after being taken as prize by the enemy, is retaken from the enemy by any of ship to proceed her Majesty's ships of war, she may, with the consent of the re-captors, prosecute her voyage, and it shall not be necessary for the re-captors to proceed to adjudication till her return to a port of the United Kingdom. on voyage. Power for regulating ransom by order in council. The master or owner, or his agent, may, with the consent of the recaptors, unload and dispose of the goods on board the ship before adjudication. In case the ship does not, within six months, return to a port of the United Kingdom, the re-captors may nevertheless institute proceedings against the ship or goods in the High Court of Admiralty, and the Court may thereupon award prize salvage as aforesaid to the re-captors, and may enforce payment thereof, either by warrant of arrest against the ship or goods, or by monition and attachment against the owner. [Sections 42, 43 and 44 relate to the ascertainment of, and distribution of prize bounty to, the officers and crew of her Majesty's ships of war.] VI. MISCELLANEOUS PROVISIONS. Ransom. 45. Her Majesty in council may from time to time, in relation to any war, make such orders as may seem expedient, according to circumstances, for prohibiting or allowing, wholly or in certain cases, or subject to any conditions or regulations or otherwise, as may from time to time seem meet, the ransoming or the entering into any contract or agreement for the ransoming of any ship or goods belonging to any of her Majesty's subjects, and taken as prize by any of her Majesty's enemies. Any contract or agreement entered into, and any bill, bond, or other security given for ransom of any ship or goods, shall be under the exclusive jurisdiction of the High Court of Admiralty as a Prize Court (subject to appeal to the Judicial Committee of the Privy Council), and if entered into or given in contravention of any such order in council shall be deemed to have been entered into or given for an illegal consideration. If any person ransoms or enters into any contract or agreement for ransoming any ship or goods, in contravention of any such order in council, he shall for every such offence be liable to be proceeded against in the High Court of Admiralty at the suit of her Majesty in her office of Admiralty, and on conviction to be fined, in the discretion of the Court, any sum not exceeding five hundred pounds. |