"29. The proceeds of any sale, made either before or "after condemnation, and after condemnation the appraised "value of the captured ship, in case she has been delivered "up to a claimant on bail, shall be paid under an order of "the Court either into the Bank of England to the credit "of Her Majesty's Paymaster-General, or into the hands "of an official accountant (belonging to the Commissariat or some other Department) appointed for this purpose by the "Commissioners of Her Majesty's Treasury or by the Lords "of the Admiralty, subject in either case to such regula"tions as may from time to time be made, by Order in Council, as to the custody and disposal of money so paid.

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"Small armed Ships.

"30. The captors may include in one adjudication any "number, not exceeding six, of armed ships not exceeding 66 one hundred tons each, taken within three months next "before institution of proceedings.

"Goods.

"31. The foregoing provisions relating to ships shall ex"tend and apply, mutatis mutandis, to goods taken as Prize on board ship; and the Court may direct such goods to be "unladen, inventoried, and warehoused.

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"Monition to Captors to proceed.

32. If the captors fail to institute or to prosecute with "effect proceedings for adjudication, a monition shall, on "the application of a claimant, issue against the captors, "returnable within six days from the service thereof, "citing them to appear and proceed to adjudication; and on "the return thereof the Court shall either forthwith pro"ceed to adjudication or direct further proof to be adduced "as aforesaid, and then proceed to adjudication.

"Claim on Appeal.

"33. Where any person, not an original party in the

"cause, intervenes on appeal, he shall enter a claim, verified "on oath, and shall give security for costs.

"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.

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Any petition of right under the last-mentioned Act, "whether intituled in the High Court of Admiralty or "not, may be prosecuted in that Court, if the Lord Chan"cellor 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 in"tituled or directed to be prosecuted in that Court; and, "subject thereto, all the provisions of the Petitions of

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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.

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"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

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published in the London Gazette, and shall be laid before "both Houses of Parliament within thirty days after the making thereof, if Parliament is then sitting, and, if not, "then within thirty days after the next meeting of Parlia"ment."

CHAPTER IV.

PRINCIPLES AND PRACTICE OF THE PRIZE TRIBUNALS. -DISTRIBUTION OF THE SUBJECT UNDER DIFFERENT

HEADS.

CCCCXLI. THIS important subject of the Principles and Practice of the Tribunal of Maritime International Law generally, but more especially in England and the United States of North America, will be considered under the following heads:

I. The Custody of the Prize, pending the judicial inquiry as to the legality of the seizure.

II. The Process and the Practice of the Court; which will embrace,

Generally,

A. The Rights and Duties of Captors, with reference to the conduct of the suit.

B. The Rights and Duties of Claimants, with reference to the conduct of the suit.

Particularly,

C. The Pleadings.

D. The Evidence.

E. The question of Further Proof.

a. To Claimants.

B. To Captors.

F. The Sentence, including the Decision.

a. As to the Legality of the Seizure.

B. As to the Subsequent Conduct of Captors and
Claimants.

7. The question of Costs, Expenses, and Freight.

III. The Appellate Tribunal.

I have thought it expedient to retain from the former edition of this work the exposition of the principles and practice of the Prize Courts, furnished by the English and American judgments before 1864, in which year the English Statute "for regulating naval prize of war," so often already referred to, was passed; because the former practice was generally affirmed by the Statute, and would also be valuable in the case of the Statute requiring interpretation.

But it must be remembered that reference as to all the points discussed in this chapter should also be made to the particular provisions of the Statute relating to practice set forth at the close of the last chapter (a).

CCCCXLII. (I.) Custody of the Property captured.

The captor's title to his Prize depends upon his obtaining a sentence in his favour from the proper tribunal. It is, therefore, his interest, as well as his duty, to bring in his Prize as speedily as possible for adjudication. But if he neglect to do so, the claimant may himself apply to the Court for restitution.

In either case the property is immediately taken into the custody of the Court; for in all proceedings in rem the Court has a right to the custody of the thing in controversy; and as soon as proceeded against, it is always deemed in the custody of the law (b). In the United States, a warrant immediately goes to the Marshal, to take possession of the property; and he is bound to keep it in salvâ et arctâ custodiâ; and if any loss happen by his negligence, he is responsible for it to the Court. In England, although the property is now usually put into the hands of the captors, yet it still remains, in contemplation of law, in the custody of the public. Formerly, it actually did remain in its custody, as is still the

(a) The Statute will also be found at length in the Appendix to this volume.

(b) Jennings v. Carson, 4 Cranch's (Amer.) Rep. p. 2. Home v. Camden, 2 H. Blackstone's Rep. p. 533.