Lapas attēli
PDF
ePub

APPENDIX I.

AN ACT FOR REGULATING NAVAL PRIZE OF
WAR.

WHEREAS it is expedient to enact permanently, with amendments, such provisions concerning naval prize, and matters connected therewith, as have heretofore been usually passed at the beginning of a war;

Be it therefore 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 assembled, and by the authority of the same as follows:

Preliminary.

Short

title.

1. This Act may be cited as The Naval Prize Act, 1864.
2. In this Act-
The term "the Lords of the Admiralty" means the Lord Interpre-
High Admiral of the United Kingdom, or the Com-
missioners for executing the office of Lord High Ad-
miral:

The term "the High Court of Admiralty" means the High
Court of Admiralty of England:
The term "any of Her Majesty's ships of war" includes
any of Her Majesty's vessels of war, and any hired armed
ship or vessel in Her Majesty's service:

[ocr errors]

The term "officers and crew includes flag officers, Com-
manders and other officers, engineers, seamen, marines,
soldiers, and others on board any of Her Majesty's ships
of war:

The term "ship" includes vessel and boat, with the tackle,
furniture, and apparel of the ship, vessel, or boat:
The term "ship papers" includes all books, passes, sen
briefs, charter parties, bills of lading, cockets, letters,
and other documents and writings delivered up or found
on board a captured ship.

The term "goods" includes all such things as are by the
course of Admiralty and law of nations the subject of
Adjudication as prize (other than ships).

tation of

terms.

High Court of Admiralty and other

Courts to

be Prize

Courts for

purposes of Act.

Jurisdic
tion of
High
Court of

I. PRIZE COURTS.

3. The High Court of Admiralty, and every Court of Admiralty or of Vice-Admiralty, or other Court exercising Admiralty jurisdiction in Her Majesty's dominions, for the time being authorized to take cognizance of and judicially proceed in matters of prize, shall be a Prize Court within the meaning of this Act.

Every such Court, other than the High Court of Admiralty, comprised in the term "Vice-Admiralty Prize Court," when hereafter used in this Act.

is

High Court of Admiralty1.

4. The High Court of Admiralty shall have jurisdiction throughout Her Majesty's dominions as a Prize Court.

The High Court of Admiralty as a Prize Court shall have Admiral power to enforce any order or decree of a Vice-Admiralty Prize Court, and any order or decree of the Judicial Committee of the Privy Council in a prize appeal1.

ty.

Appeal to Queen in Council, in what cases.

Jurisdic

tion of Judicial Committee in prize appeals.

Custody

of propers, &c.

Limit of time for appeal.

Appeal; Judicial Committee1.

5. An appeal shall lie to Her Majesty in Council from any order or decree of a Prize Court, as of right in case of a final decree, and in other cases with the leave of the Court making the order or decree.

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,

1 See note at the end of this Appendix.

and within six months after that 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 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 of the High Court of Admiralty in prize causes.

10. Her Majesty in Council may grant to the Judge of any Vice-Admiralty Prize Court a salary not exceeding five hundred pounds a year, payable out of money provided by Parliament, subject to such regulations as seem meet.

A Judge to whom a salary is so granted shall not be entitled to any further emolument, arising from fees or otherwise, in respect of prize business transacted in his court.

An account of all such fees shall be kept by the Registrar of the Court, and the amount thereof shall be carried to and form part of the Consolidated Fund of the United Kingdom.

[blocks in formation]

of Judges,

11. In accordance, as far as circumstances admit, with Retiring the principles and regulations laid down in The Superannuation pensions Act, 1859, Her Majesty in Council may grant to the Judge of any Vice-Admiralty Prize Court an annual or other allowance, to take effect on the termination of his service, and to be payable out of money provided by Parliament.

as in 22 & 23 Vict.

c. 26.

Returns

from Vice-Ad

Courts.

12. The Registrar of every Vice-Admiralty Prize Court shall, on the first day of January and first day of July in every year, make out a return (in such form as the Lords of miralty the Admiralty from time to time direct) of all cases adjudged Prize 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.

General1.

for Prize

13. The Judicial Committee of the Privy Council, with General the Judge of the High Court of Admiralty, may from time to Orders time frame General Orders for regulating (subject to the pro- Courts. visions of this Act) the procedure and practice of Prize Courts, and the duties and conduct of the officers thereof and of the

1 This is now entirely changed. See Sup. Court Judicature Act 1875. 38 and 39 Vict. c. 77 § 17.

Prohibition of officer of

Prize Court

acting as Proctor, &c.

Prohibition of Proctors being con

cerned for parties in

adverse

a cause.

Custody

of prize ship.

Bringing

in of ship papers.

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 Order shall have full effect, if and when approved by Her Majesty in Council, but not sooner or other

wise.

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 any Prize Court, or for the Registrar of Her Majesty in prize appeals, directly or indirectly to act or be in any manner concerned as advocate, 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 practising as a proctor or solicitor, being employed by a party in a prize cause or appeal, to be employed or concerned, by himself or his partner, or by any other person, directly or indirectly, by or on behalf of any adverse 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.

Proceedings by Captors.

16. Every ship taken as prize, and brought into port within the jurisdiction of a Prize Court, shall forthwith, and without bulk broken, be 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.

« iepriekšējāTurpināt »