APPENDIX.

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.

1. This Act may be cited as The Naval Prize Act, 1864.

2. In this Act

Short title.

The term "the Lords of the Admiralty" means the Lord High InterpretaAdmiral of the United Kingdom, or the Commissioners for tion of terms. executing the office of Lord High Admiral:

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:

The term "officers and crew" includes flag officers, Commanders 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, sea briefs, charter parties, bills of lading, cockets, letters, and other docu

ments 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).

High Court

of Admiral

Courts to be

I-PRIZE COURTS.

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

of Act.

Jurisdiction of High

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

High Court of Admiralty.

4. The High Court of Admiralty shall have jurisdiction throughCourt of Ad- out Her Majesty's dominions as a Prize Court.

miralty.

Appeal to
Queen in

Council, in

what cases.

Jurisdiction

of Judicial Committee in prize appeals.

The High Court of Admiralty as a Prize Court shall have 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 appeal.

Appeal; Judicial Committee.

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 decrec.

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.

processes,

7. All processes and documents required for the purposes of any Custody of such appeal shall be transmitted to and shall remain in the custody papers, &c. of the Registrar of Her Majesty in prize appeals.

time for

8. In every such appeal the usual inhibition shall be extracted Limit of from the registry of Her Majesty in prize appeals within three months appeal. 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 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.

of orders of

9. Every Vice-Admiralty Prize Court shall enforce within its Enforcement jurisdiction all orders and decrees of the Judicial Committee in prize High Court, appeals and of the High Court of Admira'ty in prize causes.

&c.

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

Courts.

sions of

c. 26.

11. In accordance, as far as circumstances admit, with the prin- Retiring renciples and regulations laid down in The Superannuation Act, 1859, Judges, as in Her Majesty in Council may grant to the Judge of any Vice- 22 23 Vict. 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.

from Vice

Prize Courts.

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

General
Orders for

Lords of the Admiralty, who shall lay the same before both Houses of Parliament.

General.

13. The Judicial Committee of the Privy Council, with the Prize Courts, 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.

Prohibition

Prize Court acting as

Proctor, &c.

Any such General Order 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 of officer of 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).

Prohibition of Proctors being concerned or adverse

parties in a cause.

Custody of prize ship.

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.

of ship papers.

17. The captors shall, with all practicable speed after the ship is Bringing in 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.

monition.

18. As soon as the affidavit as to ship papers is filed, a monition Issue of shall issue, returnable within twenty days from the service thereof, citing all persons in general to show cause why the captured ship should not be condemned.

tions on

terrogatories.

19. The captors shall, with all practicable speed after the cap- Examinatured ship is brought into port, bring three or four of the principal standing inpersons belonging to the captured ship before the Judge of the Court or some person authorized in this behalf, by whom they shall be examined on oath on the standing interrogatories.

The preparatory examinations on the standing interrrogatories shall, if possible, be concluded within five days from the commencement thereof.

by Court.

20. After the return of the monition, the Court shall, on pro- Adjudication duction of the preparatory examinations and ship papers, proceed with all convenient speed either to condemn or to release the captured ship.

proof.

21. Where, on production of the preparatory examinations and Further ship 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.

of ships of

22. The foregoing Provisions, as far as they relate to the custody Custody, &c. of the ship, and to examination on the standing interrogatories, shall not apply to ships of war taken as prize.

war.