International Law. A Treatise Volume Ii Part 115

51. Any Action or Proceeding shall not lie in any Part of Her Majesty's Dominions against any Person acting under the Authority or in the Execution or intended Execution or in pursuance of this Act for any alleged Irregularity or Trespa.s.s, or other Act or Thing done or omitted by him under this Act, unless Notice in Writing (specifying the Cause of the Action or Proceeding) is given by the intending Plaintiff or Prosecutor to the intended Defendant One Month at least before the Commencement of the Action or Proceeding, nor unless the Action or Proceeding is commenced within Six Months next after the Act or Thing complained of is done or omitted, or, in case of a Continuation of Damage, within Six Months next after the doing of such Damage has ceased.

In any such action the Defendant may plead generally that the Act or Thing complained of was done or omitted by him when acting under the authority or in the Execution or intended Execution or in pursuance of this Act, and may give all special Matter in Evidence; and the Plaintiff shall not succeed if Tender of sufficient Amends is made by the Defendant before the Commencement of the Action; and in case no Tender has been made, the Defendant may, by Leave of the Court in which the Action is brought, at any Time pay into Court such Sum of Money as he thinks fit, whereupon such Proceeding and Order shall be had and made in and by the Court as may be had and made on the Payment of Money into Court in an ordinary Action; and if the Plaintiff does not succeed in the Action, the Defendant shall receive such full and reasonable Indemnity as to all Costs, Charges, and Expenses incurred in and about the Action as may be taxed and allowed by the proper Officer, subject to Review; and though a Verdict is given for the Plaintiff in the Action he shall not have Costs against the Defendant, unless the Judge before whom the Trial is had certifies his Approval of the Action.

Any such Action or Proceeding against any Person in Her Majesty's Naval Service, or in the Employment of the Lords of the Admiralty, shall not be brought or inst.i.tuted elsewhere than in the United Kingdom.

_Pet.i.tions of Right._

[Sidenote: Jurisdiction of High Court of Admiralty on Pet.i.tions of Right in certain Cases, as in 23 & 24 Vict. c. 34.]

52. A Pet.i.tion of Right, under The Pet.i.tions of Right Act, 1860, may, if the Suppliant thinks fit, be int.i.tuled in the High Court of Admiralty, in case the Subject Matter of the Pet.i.tion or any material part thereof arises out of the Exercise of any Belligerent Right on behalf of the Crown, or would be cognizable in a Prize Court within Her Majesty's Dominions if the same were a Matter in dispute between private Persons.

Any Pet.i.tion of Right under the last-mentioned Act, whether int.i.tuled in the High Court of Admiralty or not, may be prosecuted in that Court, if the Lord Chancellor thinks fit so to direct.

The Provisions of this Act relative to Appeal, and to the framing and Approval of General Orders for regulating the Procedure and Practice of the High Court of Admiralty, shall extend to the Case of any such Pet.i.tion of Right int.i.tuled or directed to be prosecuted in that Court; and, subject thereto, all the Provisions of The Pet.i.tions of Right Act, 1860, shall apply, _mutatis mutandis_, in the Case of any such Pet.i.tion of Right; and for the Purposes of the present Section the Terms "Court"

and "Judge" in that Act shall respectively be understood to include and to mean the High Court of Admiralty and the Judge thereof, and other Terms shall have the respective Meanings given to them in that Act.

_Orders in Council._

[Sidenote: Power to make Orders in Council.]

53. Her Majesty in Council may from Time to Time make such Orders in Council as seem meet for the better Execution of this Act.

[Sidenote: Order in Council to be gazetted, &c.]

54. Every Order in Council under this Act shall be published in the _London Gazette_, and shall be laid before both Houses of Parliament within Thirty Days after the making thereof, if Parliament is then sitting, and, if not, then within Thirty Days after the next Meeting of Parliament.

_Savings._

[Sidenote: Not to affect Rights of Crown; Effect of Treaties, &c.]

55. Nothing in this Act shall--

(1) give to the Officers and Crew of any of Her Majesty's s.h.i.+ps of War any Right or Claim in or to any s.h.i.+p or Goods taken as Prize or the Proceeds thereof, it being the intent of this Act that such Officers and Crews shall continue to take only such Interest (if any) in the Proceeds of Prizes as may be from Time to Time granted to them by the Crown; or

(2) affect the Operation of any existing Treaty or Convention with any Foreign Power; or

(3) take away or abridge the Power of the Crown to enter into any Treaty or Convention with any Foreign Power containing any Stipulation that may seem meet concerning any Matter to which this Act relates; or

(4) take away, abridge, or control, further or otherwise than as expressly provided by this Act, any Right, Power, or Prerogative of Her Majesty the Queen in right of Her Crown, or in right of Her Office of Admiralty, or any Right or Power of the Lord High Admiral of the United Kingdom, or of the Commissioners for executing the Office of Lord High Admiral; or

(5) take away, abridge, or control, further or otherwise than as expressly provided by this Act, the Jurisdiction or Authority of a Prize Court to take cognizance of and judicially proceed upon any Capture, Seizure, Prize, or Reprisal of any s.h.i.+p or Goods, or to hear and determine the same, and, according to the Course of Admiralty and the Law of Nations, to adjudge and condemn any s.h.i.+p or Goods, or any other Jurisdiction or Authority of or exerciseable by a Prize Court.

_Commencement._

[Sidenote: Commencement of Act.]

56. This Act shall commence on the Commencement of The Naval Agency and Distribution Act, 1864.

APPENDIX XI

THE PRIZE COURTS ACTS, 1894 57 & 58 VICT., CHAPTER 39 An Act to make further provision for the establishment of Prize Courts, and for other purposes connected therewith.

[_17th August 1894._]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament a.s.sembled, and by the authority of the same, as follows:

[Sidenote: Short t.i.tle.]

1. This Act may be cited as the Prize Courts Act, 1894.

[Sidenote: Const.i.tution of Prize Courts in British Possessions.]

2.--(1) Any commission, warrant, or instructions from Her Majesty the Queen or the Admiralty for the purpose of commissioning or regulating the procedure of a prize court at any place in a British possession may, notwithstanding the existence of peace, be issued at any time, with a direction that the court shall act only upon such proclamation as herein-after mentioned being made in the possession.

(2) Where any such commission, warrant, or instructions have been issued, then, subject to instructions from Her Majesty, the Vice-Admiral of such possession may, when satisfied, by information from a Secretary of State or otherwise, that war has broken out between Her Majesty and any foreign State, proclaim that war has so broken out, and thereupon the said commission, warrant, and instructions shall take effect as if the same had been issued after the breaking out of such war and such foreign State were named therein.

[Sidenote: 53 & 54 Vict. c. 27.]

(3) The said commission and warrant may authorise either a Vice-Admiralty Court or a Colonial Court of Admiralty, within the meaning of the Colonial Courts of Admiralty Act, 1890, to act as a prize court, and may establish a Vice-Admiralty Court for that purpose.

(4) Any such commission, warrant, or instructions may be revoked or altered from time to time.

(5) A court duly authorised to act as a prize court during any war shall after the conclusion of the war continue so to act in relation to, and finally dispose of, all matters and things which arose during the war, including all penalties and forfeitures incurred during the war.

[Sidenote: Rules of Court for and Fees in Prize Courts. 27 & 28 Vict. c.

25.]

3.--(1) Her Majesty the Queen in Council may make rules of court for regulating, subject to the provisions of the Naval Prize Act, 1864, and this Act, the procedure and practice of prize courts within the meaning of that Act, and the duties and conduct of the officers thereof, and of the pract.i.tioners 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 pract.i.tioners therein.

(2) Every rule so made shall, whenever made, take effect at the time therein mentioned, and shall be laid before both Houses of Parliament, and shall be kept exhibited in a conspicuous place in each court to which it relates.

[Sidenote: 27 & 28 Vict. c. 25.]

(3) This section shall be subst.i.tuted for section thirteen of the Naval Prize Act, 1864, which section is hereby repealed.

[Sidenote: 53 & 54 Vict c. 27.]

(4) If any Colonial Court of Admiralty within the meaning of the Colonial Courts of Admiralty Act, 1890, is authorised under this Act or otherwise to act as a prize court, all fees arising in respect of prize business transacted in the court shall be fixed, collected, and applied in like manner as the fees arising in respect of the Admiralty business of the court under the said Act.

[Sidenote: As to Vice-Admiralty Courts.]

4. Her Majesty the Queen in Council may make rules of court for regulating the procedure and practice, including fees and costs, in a Vice-Admiralty Court, whether under this Act or otherwise.

[Sidenote: Repeal of 39 & 40 Geo. 3, c. 79, s. 25.]