Volume Ii Part 116 (1/2)
5. Section twenty-five of the Government of India Act, 1800, is hereby repealed.
APPENDIX XII
NAVAL PRIZE BILL OF 1911 _Pa.s.sed by the House of Commons, but thrown out by the House of Lords_ A Bill to Consolidate, with Amendments, the Enactments relating to Naval Prize of War.
Whereas at the Second Peace Conference held at The Hague in the year nineteen hundred and seven a Convention, the English translation whereof is set forth in the First Schedule to this Act, was drawn up, but it is desirable that the same should not be ratified by His Majesty until such amendments have been made in the law relating to naval prize of war as will enable effect to be given to the Convention:
And whereas for the purpose aforesaid it is expedient to consolidate the law relating to naval prize of war with such amendments as aforesaid and with certain other minor amendments:
Be it therefore enacted by the King'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:--
PART I.--COURTS AND OFFICERS.
_The Prize Court in England._
[Sidenote: The High Court. [54 & 55 Vict. c. 53, s. 4.]]
1.--(1) The High Court shall, without special warrant, be a prize court, and shall, on the high seas, and throughout His Majesty's Dominions, and in every place where His Majesty has jurisdiction, have all such jurisdiction as the High Court of Admiralty possessed when acting as a prize court, and generally have jurisdiction to determine all questions as to the validity of the capture of a s.h.i.+p or goods, the legality of the destruction of a captured s.h.i.+p or goods, and as to the payment of compensation in respect of such a capture or destruction.
For the purposes of this Act the expression ”capture” shall include seizure for the purpose of the detention, requisition, or destruction of any s.h.i.+p or goods which, but for any convention, would be liable to condemnation, and the expressions ”captured” and ”taken as prize” shall be construed accordingly, and where any s.h.i.+p or goods have been so seized the court may make an order for the detention, requisition, or destruction of the s.h.i.+p or goods and for the payment of compensation in respect thereof.
(2) Subject to rules of court, all causes and matters within the jurisdiction of the High Court as a prize court shall be a.s.signed to the Probate, Divorce, and Admiralty Division of the Court.
[Sidenote: Power of High Court to enforce decrees of other courts. [27 & 28 Vict. c. 25. s. 4.]]
2. The High Court as a prize court shall have power to enforce any order or decree of a prize court in a British possession, and any order of the Supreme Prize Court const.i.tuted under this Act in a prize appeal.
_Prize Courts in British Possessions._
[Sidenote: Prize courts in British possessions. [57 & 58 Vict. c. 39. s.
2 (1) and (3). 53 & 54 Vict. c. 27, s. 2 (3) and s. 9.] 53 & 54 Vict. c.
27.]
3. His Majesty may, by commission addressed to the Admiralty, empower the Admiralty to authorise, and the Admiralty may thereupon by warrant 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 in a British possession, or may in like manner establish a Vice-Admiralty court for the purpose of so acting; and any court so authorised shall, subject to the terms of the warrant from the Admiralty, have all such jurisdiction as is by this Act conferred on the High Court as a prize court.
Commissions. [57 & 58 Vict. c. 39, s. 2 (1), (2).]
4.--(1) Any commission, warrant, or instructions from His Majesty the King or the Admiralty for the purpose of commissioning 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 His 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 His 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.
(3) Any such commission, warrant, or instructions may be revoked or altered from time to time.
[Sidenote: Enforcement of orders.]
5. Every prize court in a British possession shall enforce within its jurisdiction all orders and decrees of the High Court and of any other prize court in a British possession in prize causes, and all orders of the Supreme Prize Court const.i.tuted under this Act in prize appeals.