‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [‎70r] (139/292)

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(c) the depositions of the witnesses, if any, examined before the
hearing, whether such witnesses belong to the captured ship
or aircraft or are tendered on behalf of the captors or of any
other party;
(d) the evidence given at the hearing of any witnesses, whether on
behalf of the captors or of any other party; and
(e) such further evidence, if any, as may be admitted by the Judge.
lce 3. The Judge may in any cause where it shall appear necessary for the
^ purposes of justice make an order for the examination upon oath before
£ £ n the Judge or any officer of the Court or any other person, and at any place,
of any witness or person, and may empower any party to any such cause
to give such deposition in evidence therein on such terms, if any, as the
3 ^ Judge may direct.
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4. The Judge may make such order as he shall think fit as to the
a , ’ hearing of the cause, the bringing in of claims, pleadings, discovery by
>oK ' interrogatories, discovery and inspection of documents, or as to any other
matter upon such terms as the nature of the case may require.
the 5. Where in any cause whether for condemnation or otherwise claims
the have been made by two or more parties, the Judge may, on the applica-
the tion of any party, make an order for the hearing of one or some of such
|claims in priority to the other or others. Upon such hearing the Judge
no £may make such decree or order as he might have made if no other claims
j or had been made, but he may if he thinks fit order the stay of any
proceedings consequent thereon until the hearing of the other claim or
rant C ^ mS com P^ ec ^-
rant 6. Where any two or more causes whether for condemnation or otherwise
■e is are pending the Judge may on the application of any party to any of
ages such causes order that they or such of them as may be specified in the
idge order be consolidated.
7. After a day has been fixed for the hearing of a cause the Registrar
the shall send notice to all parties that the cause will be heard on the
appointed day.
h° se 8. At the hearing of a cause the party by whom it has been instituted
orni shall begin, unless the Judge shall otherwise order. If there are several
claimants the Judge shall direct which of them shall begin. At the
hearing of claims on joint capture the persons claiming to be joint
captors shall begin.
9. No ship or aircraft shall be condemned at the hearing in the absence
of an appearance or claim until six months have elapsed from the service
of the writ, which shall be verified by an affidavit of service (Appendix A,
Form No. 10), unless there be on the ship papers or aircraft papers, and
on the evidence, if any, of the witnesses from the captured ship or aircraft,
:rai sufficient proof that such ship or aircraft belongs to the enemy, or is
anc otherwise liable to condemnation.
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10. Any party in any cause may by leave of the Judge at the hearing
invoke and give in evidence the ship papers or aircraft papers brought in
sl "and filed in any other cause,
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11. If a witness is out of the jurisdiction of the Court, the Judge
shij ma y or ^ er that he shall be examined before an examiner specially appointed
for the purpose, or may order, in lieu of a commission, the issue of a
request to examine such witness.
;t * 11 Forms of a commission to examine witnesses, and of a request, and of
a return to a commission to examine witnesses, will be found in
Appendix A Nos. 41, 42 and 43.