"ملف 28/2 الحرب. الاختصاص القضائي للسفن المغتنمة في دول الخليج العربي" [ظ‎‎٧‎٥] (٢٩٢/١٥٠)

30
ORDER XXXI.
Land Expeditions and Conjunct Capture with Ally.
A ship taken by land expedition within the meaning of the Naval Prize
Act, 1864, section 34, or by a conjunct capture with an ally within the
meaning of section 35 of the said Act, shall be proceeded against and
dealt with, as far as possible, in the same manner as hereinbefore provided
in the case of any other ship captured as prize.
ORDER XXXII.
Joint Capture, Flag Officers’ Claims, and other Conflicting Claims
between Captors.
1. Any person claiming to share as joint captor (hereinafter called the
petitioner ”) may, at any time after the institution of a cause relating to
a ship or aircraft in respect of which he claims a share, proceed as herein-"
after provided:
(1) A writ (Appendix A, Form No. 6) shall be issued by the petitioner
in the Registry, instituting a cause of joint capture.
(2) If the cause is instituted before condemnation of the ship or air
craft in respect of which the petitioner claims to share, or in
prize salvage before adjudication, the petitioner shall, except
in the case of a flag officer claiming to share by virtue of his
flag, within six days after issuing his writ give security to the
satisfaction of the Court to contribute to the actual captors
a just proportion of any costs, charges, expenses or damages
that may be incurred by or awarded against the actual captors
on account of the capture and detention of the prize. Within
ten days after such security is given the petitioner shall file in
the Registry a petition setting out the material facts on which
he relies to establish his claim to share as aforesaid.
(3) If the cause is instituted after condemnation of the ship or air
craft in respect of which the petitioner claims to share, or in
prize salvage after adjudication, the Judge shall, upon sufficient
cause being shown by affidavit why the application was not
presented before condemnation or adjudication, and upon pay
ment being made and security being given (as hereinbefore pro
vided), allow the writ to be served upon the party to whom the
ship or aircraft has been condemned (hereinafter called the
respondent ''), or in prize salvage on the captors, who shall
show cause why the petitioner should not be pronounced to be
a joint captor of the said ship or aircraft.
(4) Where the cause is instituted after condemnation, the petitioner
shall, within ten days after such payment has been made and
such security has been given, file a petition setting out all the
material facts on which he relies to establish his claim to shareJ
as aforesaid, and serve the same as hereinbefore provided.
(5) The respondent shall appear to the writ by entering an appearance
(Appendix A, Form No. 8) in the Registry within the time
named in the writ.
2. The respondent, if he desires to contest the right of the petitioner to
share, shall file an answer.
If the respondent admits the right of the petitioner to share, he shall
file an admission in the Registry.
A copy of every pleading shall be served on the opposite party.
Forms of the above pleadings will be found in Appendix A, No. 13 (hi)
3. Upon the answer, and the reply thereto (if any), or admission being
file
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