"ملف 28/2 الحرب. الاختصاص القضائي للسفن المغتنمة في دول الخليج العربي" [و‎‎٦‎٨] (٢٩٢/١٣٥)

ORDER XI.
Sale, Appraisement, Safe Custody and Inspection of Prize.
1. The Judge may, at any time on the application of the marshal or
any party, make such order as to the removal, safe custody or preservation
of a ship or aircraft as he may think fit, and may at any time order the
ship or aircraft to be appraised, if not already appraised, and sold.
2. The appraisement and sale of a ship or aircraft, the removal and
survey thereof, and the unlading and warehousing of goods shall be effected
by the marshal under the authority of a commission.
Forms of commission and (for the case of a ship) bills of sale by the
marshal will be found in Appendix A, Nos. 23 and 25. In the case of an
aircraft the contract of sale shall be in such terms as the Judge shall direct.
3. Where a ship or aircraft is ordered to be sold, such sale shall be by
public auction unless the Judge shall for good cause otherwise order, and
the gross proceeds thereof shall be paid into Court by the marshal.
Form showing conditions of sale usual in the case of a ship will be found
in Appendix A, No. 26. In the case of an aircraft the conditions of sale
shall be in such terms as the Judge shall direct.
4. Where the Judge orders any act or acts in Rule 2 mentioned to be
done, the party who has obtained the order shall thereupon obtain out of
the Registry a commission and shall lodge the same with the marshal for
execution.
5 Every commission issued under Rule 2 shall, as soon as possible after
its 'execution, be filed in the Registry by the marshal with a return,
setting forth the manner in which it has been executed. Ihe marshal
shall, with the commission, file his accounts and the vouchers in support
thereof.
Forms of marshal’s certificate and accounts will be found in Appendix A,
Nos. 24 and 27.
6. The Registrar shall on the application of any party review the marshal s
accounts, and shall report the amount which he considers should be allowed;
and any party to the cause may be heard before the Registrar on the review.
7. The Judge on the application of any party by summons may review
the Registrar’s decision.
8. The amount found due to the marshal shall be paid out to him on an
order signed by the Judge.
9 All costs and expenses of and incidental to orders issued under Rule 2
shall in the first instance be borne and paid by the party on whose applica
tion the order is issued.
10. Where the judge directs that goods be unladen, inventoried, and ware
housed, they shall, unless the Judge otherwise orders, remain in the custody
of the marshal until sale or restitution thereof.
n. The Judge may, if he thinks fit, upon the application of any party
to a cause, order any property under the arrest of the Court or being the
subject-matter of a cause to be inspected by any party thereto or by any
person appointed by the Court.
ORDER XII.
Bail.
x. No property in the custody of the Court shall be released on bail 01
on payment into Court in lieu of bail except by order of the Judge or
Registrar.