‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [‎74r] (147/292)

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funds
:d to
(1)
:d to
meys
juris-
(2)
said
ship
i, or
( 3 )
,11 be
0 be
( 4 )
ft in
d.
iecree
( 5 )
if the cargo has been condemned, by payment out of the proceeds
of the sale of such cargo.
if the cargo has been unladen and sold before adjudication and the
proceeds of the sale are still in Court, by payment out of the
proceeds of sale.
if the cargo has been unladen, but still remains under the arrest
of the Court, by sale of such cargo and payment out of the
proceeds of sale.
if the cargo has been unladen and has been restored to the owner
on bail, by order against the bail to pay the freight into Court.
if the cargo has been unladen and has been restored to the owner
without bail, by order against the owner or person to whom the
same has been restored, or against any person having received
or being in possession of such cargo or freight, to pay such
freight into Court.
% 4. Any decree or order other than a decree of condemnation or
restitution and not expressly provided for by the Prize Acts, 1864 to 1939,
or by these Rules, may be enforced by order against the parties against
con whom such decree or order is made, or may be enforced in the same
manner as a judgment, decree or order of the High Court in the exercise of
its Admiralty jurisdiction, or, in the case of a Court other than the High
er ol p ourt ' the same manner as a judgment, decree or order of that Court
o thf in t ^ le exerc * se i ts ordinary jurisdiction may be enforced.
;atioi 5 - Forms of order and decrees will be found in Appendix A, Nos. 52 and
take: 53 (i-) to ( xxviii.).
>se 0 6. The Rules of this Order shall apply to the enforcement by the Court
liverj of decrees or orders of any other Court or of the Judicial Committee
ibjeci of the Privy Council,
othe:
beei ORDER XXVIII.
P er ^ Detention.
•ceed
;rson
i shij
is s<
orde
1. Where it is held in a suit for condemnation that the ship or aircraft
is an enemy ship or aircraft but in pursuance of some international con
vention or otherwise is only liable to detention and not to condemnation,
the decree (Appendix A, Form 53, ii. and iv.) shall direct the marshal to
retain the ship or aircraft in his custody until further orders.
2. Where a decree of detention has been made under Rule 1 the ship
or aircraft shall be kept at such port or place as the Court may from
time to time direct.
o x r ^ ORDER XXIX.
Requisition.
n, b; I - Where it is made to appear to the Judge on the application of the
proper officer of the Crown that it is desired to requisition on behalf of
to Jgj 1155 Ma J est y a ship or aircraft in respect of which no final decree of con-
ins ^^ , ~ rnna tion has been made, he may order that the ship or aircraft shall be
maj appraised, and that upon an undertaking being given in accordance with
>ense 7, u ^5 of this Order the ship or aircraft shall be released and delivered to
just the Crown -
madt 2, Where a decree for the detention of a ship or aircraft has been made
t ani in accordance with Order XXVIII., the proper officer of the Crown may
sale file a _ notice (Appendix A., Form No. 54) that the Crown desires to
requisition the same, and thereupon a commission (Appendix A., Form
[ tha No. 55) to the marshal directing him to appraise the ship or aircraft shall
sue 1 f sue - U P on a ? undertaking being given in accordance with Rule 5 of
rmen f^is Order the ship or aircraft shall be released, and delivered to the
Crown.