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"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.

"Convoy.

"46. If the master or other person having the command of any "ship of any of Her Majesty's subjects, under the convoy of any of "Her Majesty's ships of war, wilfully disobeys any lawful signal, "instruction, or command of the commander of the convoy, or "without leave deserts the convoy, he shall be liable to be proceeded "against in the High Court of Admiralty at the suit of Her Majesty "in her office of Admiralty, and upon conviction to be fined, in "the discretion of the Court, any sum not exceeding five hundred pounds, and to suffer imprisonment for such time, not exceeding one year, as the Court may adjudge.

"Customs Duties and Regulations.

"47. All ships and goods taken as prize and brought into a port "of the United Kingdom shall be liable to and be charged with the

same rates and charges and duties of customs as under any Act relating to the customs may be chargeable on other ships and goods "of the like description; and

"All goods brought in as prize which would on the voluntary importation thereof be liable to forfeiture or subject to any restric

"tion under the laws relating to the customs, shall be deemed to be 66 SO liable and subject, unless the Commissioners of Customs see fit 66 to authorise the sale or delivery thereof for home use or exporta❝tion unconditionally or subject to such conditions and regulations 66 as they may direct.

"48. Where any ship or goods taken as prize is or are brought "into a port of the United Kingdom, the master or other person in charge or command of the ship which has been taken, or in which "the goods are brought, shall, on arrival at such port, bring to at "the proper place of discharge, and shall, when required by any "officer of customs, deliver an account in writing under his hand "concerning such ship and goods, giving such particulars relating "thereto as may be in his power, and shall truly answer all questions "concerning such ship or goods asked by any such officer, and in "default shall forfeit a sum not exceeding one hundred pounds, such "forfeiture to be enforced as forfeitures for offences against the laws 66 relating to the customs are enforced, and every such ship shall be "liable to such searches as other ships are liable to, and the officers "of the customs may freely go on board such ship and bring to the "Queen's warehouse any goods on board the same, subject, never"theless, to such regulations in respect of ships of war belonging to "Her Majesty as shall from time to time be issued by the Commis"sioners of Her Majesty's Treasury.

"49. Goods taken as prize may be sold either for home consump"tion or for exportation; and if in the former case the proceeds "thereof, after payment of duties of customs, are insufficient to satisfy "the just and reasonable claims thereon, the Commissioners of Her Majesty's Treasury may remit the whole or such part of the said "duties as they see fit.

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"Perjury.

"50. If any person wilfully and corruptly swears, declares, or "affirms falsely in any prize cause or appeal, or in any proceeding "under this Act, or in respect of any matter required by this Act "to be verified on oath, or suborns any other person to do so, he "shall be deemed guilty of perjury, or of subornation of perjury (as "the case may be), and shall be liable to be punished accordingly.

"Limitation of Actions, &c.

"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 trespass, 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 execu"tion 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 commence"ment 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 pay"ment 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 instituted elsewhere than "in the United Kingdom.

"Petitions of Right.

"52. A petition of right, under The Petitions of Right Act, 1860, may, if the suppliant thinks fit, be intituled in the High Court of Admiralty, in case the subject matter of the petition 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 petition of right under the last-mentioned Act, whether "intituled in the High Court of Admiralty or not, may be prose"cuted in that Court, if the Lord Chancellor thinks fit so to direct.

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"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 petition of right intituled or directed to be prosecuted "in that Court; and, subject thereto, all the provisions of The "Petitions of Right Act, 1860, shall apply, mutatis mutandis, in

"the case of any such petition 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.

"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.

"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 Parlia"ment is then sitting, and, if not, then within thirty days after the 66 next meeting of Parliament.

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"Savings.

"55. Nothing in this Act shall—

(1.) Give to the officers and crew of any of Her Majesty's ships "of war any right or claim in or to any ship 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

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"(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 ship or goods, and "to hear and determine the same, and, according to the course of "Admiralty and the law of nations, to adjudge and condemn any "ship or goods, or any other jurisdiction or authority of or exercis"able by a Prize Court.

"Commencement.

"56. This Act shall commence on the commencement of the "Naval Agency and Distribution Act, 1864."

APPENDIX VIII. PAGE 812.

DE CAPTIVIS ET POSTLIMINIO, ET REDEMPTIS AB HOSTIBUS.

(Extract from Voet, " Commentarius ad Pandectas," tom. iv. lib. xlix. tit. xv. p. 642.)

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66 SUMMARIA.

"I. Quales res captæ per hostes, et recuperatæ, postliminio ad dominos priores redeant? Quales capti ac reversi gaudeant jure "postliminii? An et dediti? An et redempti, licèt lutro necdum "reddito, et an quasi pignori sint pro lutro? An et, qui sponte aliquandiù apud hostes remanserunt, et post redierunt; vel re"dierunt, sed animo remeandi ad hostes? An transfugæ ? "II. Quid sit jus postliminii? An, et quo respectu in pace post"liminium sit? An, et quandò postliminio gaudeant, qui per pacis conditiones reversi sunt? An tempore induciarum? An jus postliminii pertineat ad ea, quæ apud hostes fiant? An ad แ ea, quæ facti sunt? ad possessionem?

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"III. Quid moribus obtineat de captis in bello rebus et personis, ac "variis circa ea dubiis? remiss. An capta statim cedant hostibus 'jure dominii, an demùm postquàm intra præsidia eorum delata "sunt?

"IV. De jure postliminii circa naves per hostes captas cum merci"bus, et post recuperatas, ex jure medio et recentissimo Foederati "Belgii, ac pactionibus publicis.

"V. De captâ nave hostili, in quâ sunt merces eorum, qui hostes non sunt; et quid, si hostes in eas merces jus aliquod habeant? "An in dubio nave hostili vectæ res præsumantur hostiles? Et "quid circa hæc pactionibus publicis Ordinum Generalium cum "aliis populis definitum sit?

"VI. An navis eorum, qui extra belli causam erant, per nostros capta hostes, et per nos iisdem erepta, pristinis dominis reddi "debeat?

"VII. Quid juris, si navis non vi recepta, sed per aliquem redempta sit, verùm pretio viliore?

"I. In bello justo (quòd nempe populus liber alteri populo libero "indixit), capta cedunt hostibus capientibus, sed recuperata gaudent 'jure postliminii, et ad pristinos dominos revertuntur, si quidem "immobilia sint, non item si mobilia, nisi sit navis longa oneraria "propter belli usum, vel equus freni patiens, quia sine culpâ equitis proripere sese potuit.-L. navibus 2., pr. et § seqq. ; l. 3. ff. h. t. "Sed et ipsi cives capti aut dediti capientium quidem servi fiunt, "verùm iterum reversi ex hoc postliminii jure statum pristinum "juraque omnia per captivitatem amissa recuperant, non modò si capti, sed etiam si ex vis majoris necessitate dediti sint, l. eos qui

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