"ملف 28/2 الحرب. الاختصاص القضائي للسفن المغتنمة في دول الخليج العربي" [و‎‎١‎٠] (٢٩٢/١٩)

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Forms of the heading and title of a cause will be found in Appendix A,
Nos. i (i. and ii.).
^ Every cause instituted for the condemnation of a ship or aircraft as
prize, including causes under Rule 6, shall, except as hereinafter P rov ^,
be instituted in the name of the Crown; but the P roce ^ dm g% t ^" ei ^ a r X’
with the consent of the Crown (through the proper officer of the Crown),
be conducted by the captors or any parties to whom the ship or aircraft
would on condemnation be condemned as prize.
All other causes may be instituted in the name of the parties claiming
or proceeding.
(b) Issue of Writs.
4. Writs shall be issued out of the Registry.
5. A writ for the condemnation of a ship or aircraft as prize shall be in
the forrn No. 2 of Appendix A.
The writ shall be issued on the application of the proper officer of the
Cr Unless the Tudge shall otherwise order, no writ for the condemnation
of a ship or aircraft as prize shall be issued until an affidavit has been
filed as to ship papers or aircraft papers.
6. Where the ship or aircraft has been destroyed or lost, or where goods
have been destroyed or lost or removed from the ship or aircraft, the wn
shall be in the form No. 3 of Appendix A.
7. In a cause instituted against a captor for restitution or damages, the
writ shall be in the form No. 4 of Appendix A.
8 A cause instituted for the recovery of prize salvage (except where the
ship or aircraft is brought in for adjudication) shall be commenced by writ
in the form No. 5 of Appendix A.
9. In a cause instituted to enforce a claim of joint capture, the writ shall
be in the form No. 6 of Appendix A.
(c) Service of Writs.
10. In a cause for the condemnation of a ship or aircraft as prize, the
writ shall be served by the marshal.
n. Service of the writ shall be effected in the manner following: —
(1) upon ship or aircraft, freight or goods on board, by affixing the
original writ for a short time on a conspicuous part of the ship
or aircraft, and by leaving a true copy fixed in its place when
the original is removed; , , ,
, 2 ) upon goods or freight where the goods have been landed or tran
shipped or are not on board a ship or aircraft, by attaching th
writ for a short time to such goods, and by leaving a copy oi
the writ attached thereto; or, if the person having the custody
of the goods refuses access thereto, by showing the writ to such
person and by leaving with him a copy thereof,
(3) upon freight or proceeds of prize in the hands of any person other
13) P than a person holding the same on behalf of the court, by
showing the writ to him, and by leaving with him a copy
* (4) upon^freight or proceeds in court, by showing the writ to the
Registrar and by leaving with him a copy thereof.
12. The writ shall be filed by the party after service as aforesaid, with
a certificate of service endorsed thereon. The certificate of se ™ ce shall
state the date and mode of service, and shall be signed by the person
serving the same, and shall be taken as evidence of such service and of
the date and mode thereof.