"ملف 28/2 الحرب. الاختصاص القضائي للسفن المغتنمة في دول الخليج العربي" [ظ‎‎٧‎٣] (٢٩٢/١٤٦)

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2. In causes instituted in a Court other than the High Court all funds
and moneys to be paid into Court, and all securities to be placed to
the credit of any such causes, shall be transferred, paid, or placed to
the account or credit of the proper officer of the Court to whom moneys
paid into Court are usually paid in the exercise of the ordinary juris
diction of the Court, and shall be placed in the books of the said
officer to the credit of “ Prize Moneys,” and of the particulax ship
or aircraft in respect of which the same shall be transferred, paid, or
placed. If there is no such officer as above, the payments shall be
made to the Registrar who shall open an account in a bank to bt
approved by the Judge in respect of the particular ship or aircraft in
respect of which the said moneys shall be transferred, paid, or placed.
3. No money shall be paid out of Court except in pursuance of a decree
or order of the Judge.
ORDER XXVII. » 4 .
Enforcement and Execution of Decrees and Orders. or b
1. Where the Judge condemns property as prize the decree of con vvho
demnation may be enforced: —
(1) if the property is still under arrest, by sale of such property:
man
its t
-j — » -j —- -- Coui
Provided that on the application of the proper officer 0; in ^
the Crown the Court shall order delivery of the property to thf
Crown in lieu of sale, and if at the time of such applicatioi 5 -
an order for sale has already been made but no sale has takei 53 i 1
place, the order for sale shall be rescinded for the purpose 0: 6.
giving effect to such application, but the order for deliver] of d
to the Crown may, if the Court thinks fit, be made subjeci of tl
to payment by the Crown of such costs, expenses, or othe:
sums, other than fee 49 in Appendix B, as might have beei
ordered to be paid out of the proceeds of sale if the propert]
had been sold under order of the Court. j
(2) if the property has been sold before condemnation and the proceed ig ar
have not already been paid into Court, by order to the person vent :
holding the same to pay the same into Court. t ^ e (
(3) in respect of freight found due for the carriage of goods in a shi] reta -
or aircraft condemned as prize, by arrest of the goods si 2
carried until payment into Court of such freight or by orde or a
against the owner of the goods, or other persons holding, a tirne
responsible for, such freight, to pay the same into Court.
(4) so far as a decree deals with costs and expenses (other thai
costs and expenses ordered to be paid out of proceeds), by orde
against the parties ordered to pay the same or their bail.
(5, if the property has been released on bail before condemnation, b; I -
order against the bail.
2. Where the Judge decrees property taken or seized as prize to ‘
restored to the owner thereof the decree shall be carried out by means l ^ mr
a release as prescribed in Order XIII.: Provided that the Judge ma;
order such release upon such terms as to the payment of costs and expense ^ ^
and freight (if any is due), or otherwise, as to the Judge may seem just
and if such terms are not complied with or such payments are not mad 2,
within a time to be named in the order, may direct the appraisement am in ac
sale of such property and the payment into Court of the proceeds of sale file £
and the payment thereout of such costs and expenses or freight. requi
3. Where in a decree restoring a ship or aircraft it is pronounced tha t^°- ‘
freight is due in respect of cargo carried therein and payment of sue |^ s . ue
freight is ordered, the decree may be enforced as regards the pay men P 115
of freight against the cargo or the owners thereof: — row