International Law. A Treatise Volume Ii Part 117

[Sidenote: Prohibition of officer of prize court acting as advocate, &c.

[27 & 28 Vict. c. 25, ss. 14, 15.]]

13. It shall not be lawful for any registrar, marshal, or other officer of the Supreme Prize Court or of any other prize court, directly or indirectly to act or be in any manner concerned as advocate, proctor, solicitor, or agent, or otherwise, in any prize appeal or cause.

[Sidenote: Protection of persons acting in execution of Act. [27 & 28 Vict. c. 25, s. 51.]]

14. The Public Authorities Protection Act, 1893, shall apply to any action, prosecution, or other proceeding against any person for any act done in pursuance or execution or intended execution of this Act or in respect of any alleged neglect or default in the execution of this Act whether commenced in the United Kingdom or elsewhere within His Majesty's dominions.

_Continuance of Proceedings._

[Sidenote: Continuance of proceedings after conclusion of war. [57 & 58 Vict. c. 39, s. 2 (5).]]

15. 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, liabilities and forfeitures incurred during the war.

Part II.--PROCEDURE IN PRIZE CAUSES.

[Sidenote: Custody of s.h.i.+ps taken as prize. [27 & 28 Vict. c. 25, s.

16.]]

16. Where a s.h.i.+p (not being a s.h.i.+p of war) is taken as prize, and is or is brought within the jurisdiction of a prize court, she shall forthwith be delivered up to the marshal of the court, or, if there is no such marshal, to the princ.i.p.al officer of customs at the port, and shall remain in his custody, subject to the orders of the court.

[Sidenote: Bringing in of s.h.i.+p papers. [27 & 28 Vict. c. 25, s. 17.]]

17.--(1) The captors shall in all cases, with all practicable speed, bring the s.h.i.+p papers into the registry of the court.

(2) The officer in command, or one of the chief officers of the capturing s.h.i.+p, or some other person who was present at the capture and saw the s.h.i.+p 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 s.h.i.+p papers or any of them.

(3) Where no s.h.i.+p papers are delivered up or found on board the captured s.h.i.+p, the officer in command, or one of the chief officers of the capturing s.h.i.+p, or some other person who was present at the capture, shall make oath to that effect.

[Sidenote: Examination of persons from captured s.h.i.+p. [27 & 28 Vict. c.

25, s. 19.]]

18. The captors shall also, unless the court otherwise directs, with all practicable speed after the captured s.h.i.+p is brought into port, bring a convenient number of the princ.i.p.al persons belonging to the captured s.h.i.+p before the judge of the court or some person authorised in this behalf, by whom they shall be examined on oath.

[Sidenote: Delivery of s.h.i.+p on bail. [27 & 28 Vict. c. 25, s. 25.]]

19. The court may, if it thinks fit, at any time after a captured s.h.i.+p has been appraised direct that the 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.

[Sidenote: Power to order sale. [27 & 28 Vict. c. 25, ss. 26 & 27.]]

20. 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, or on or after condemnation, order that the captured s.h.i.+p be appraised (if not already appraised), and be sold.

[Sidenote: Power to award compensation notwithstanding release of s.h.i.+p.]

21. Where a s.h.i.+p has been taken as prize, a prize court may award compensation in respect of the capture notwithstanding that the s.h.i.+p has been released, whether before or after the inst.i.tution of any proceedings in the court in relation to the s.h.i.+p.

[Sidenote: Application and effect of Part II. [27 & 28 Vict. c. 25, s.

31.]]

22.--(1) The provisions of this Part of this Act relating to s.h.i.+ps shall extend and apply, with the necessary adaptations, to goods taken as prize.

(2) The provisions of this Part of this Act shall have effect subject to any rules of court dealing with the subject-matter thereof.

Part III.--INTERNATIONAL PRIZE COURT.

[Sidenote: Appointment of British judge and deputy judge of International Court. [_See_ 39 & 40 Vict. c. 59, s. 6.]]

23.--(1) In the event of an International Prize Court being const.i.tuted in accordance with the said Convention or with any Convention entered into for the purpose of enabling any power to become a party to the said Convention or for the purpose of amending the said Convention in matters subsidiary or incidental thereto (hereinafter referred to as the International Prize Court), it shall be lawful for His Majesty from time to time to appoint a judge and deputy judge of the court.

(2) A person shall not be qualified to be appointed by His Majesty a judge or deputy judge of the court unless he has been, at or before the time of his appointment, the holder, for a period of not less than two years, of some one or more of the offices described as high judicial offices by the Appellate Jurisdiction Act, 1876, as amended by any subsequent enactment.

[Sidenote: Payment of contribution towards expenses of International Prize Court.]

24. Any sums required for the payment of any contribution towards the general expenses of the International Prize Court payable by His Majesty under the said Convention shall be charged on and paid out of the Consolidated Fund and the growing proceeds thereof.

[Sidenote: Appeals to International Prize Court.]

25. In cases to which this Part of this Act applies an appeal from the Supreme Prize Court shall lie to the International Prize Court.

[Sidenote: Transfer of cases to the International Prize Court.]

26. If in any case to which this Part of this Act applies final judgment is not given by the prize court, or on appeal by the Supreme Prize Court, within two years from the date of the capture, the case may be transferred to the International Prize Court.

[Sidenote: Rules as to appeals and transfers to International Prize Court.]

27. His Majesty in Council may make rules regulating the manner in which appeals and transfers under this Part of this Act may be made and with respect to all such matters (including fees, costs, charges, and expenses) as appear to His Majesty to be necessary for the purpose of such appeals and transfers, or to be incidental thereto or consequential thereon.

[Sidenote: Enforcement of orders of International Prize Court.]

28. The High Court and every prize court in a British possession shall enforce within its jurisdiction all orders and decrees of the International Prize Court in appeals and cases transferred to the Court under this Part of this Act.

[Sidenote: Application of Part III.]

29. This part of this Act shall apply only to such cases and during such period as may for the time being be directed by Order in Council, and His Majesty may by the same or any other Order in Council apply this Part of this Act subject to such conditions, exceptions and qualifications as may be deemed expedient.

Part IV.--PRIZE SALVAGE AND PRIZE BOUNTY.

_Prize Salvage._

[Sidenote: Salvage to re-captors of British s.h.i.+p or goods from enemy.]

30. Where any s.h.i.+p or goods belonging to any of His Majesty's subjects, after being taken as prize by the enemy, is or are retaken from the enemy by any of His Majesty's s.h.i.+ps of war, the same shall be restored by decree of a prize court to the owner.

[Sidenote: Permission to recaptured s.h.i.+p to proceed on voyage and postponement of proceedings. [27 & 28 Vict. c. 25, s. 41.]]

31.--(1) Where a s.h.i.+p belonging to any of his Majesty's subjects, after being taken as prize by the enemy, is retaken from the enemy by any of His Majesty's s.h.i.+ps 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 His Majesty's dominions.