Delivery of the property on bail.

ing given after such monition; or if such claim be put in, and the claimant or claimants shall not, within five days after, give bond in the sum of sixty pounds sterling, to pay costs to the captor or captors, in case the ship, vessel, or goods, shall be adjudged lawful prize; the judge of such Admiralty Court shall then, on production of the examinations, together with all papers and writings found on board the prize, or upon oath that no such papers or writings were found, proceed to discharge or acquit such capture, or to condemn the same, as shall appear expedient to him, on perusal of the said preparatory examinations, papers, and writings. If, however, such claim be duly entered, and-proper security be given, and no other examination appear to be requisite, the judge shall in such case proceed, within ten days, if possible, to give sentence respecting such capture. But where, on entering such claim, and the attestation thereupon, or producing the said papers and writings regarding the captured ship, vessel, or goods, and upon the said preparatory examinations, it shall appear doubtful to the judge, whether such capture be lawful prize or not, and he shall deem it necessary, for determining such doubt, to have m examination of witnesses on pleadings given in by the parties, and admitted by the judge, the judge shall, in such case, cause the capture to be forthwith appraised by skilful persons, nominated by the parties, and approved and appointed by the Court, and who shall be sworn duly to appraise the same according to the best of their skill and knowledge. And for this purpose the judge shall cause the goods found on board to be unladen, and (an inventory, if necessary, being previously taken by the marshal or deputy marshal of the admiralty) order them to be deposited in proper warehouses, with separate locks, of the collector and comptroller of the customs, or (if there be no comptroller or collector) of the naval officer, and of the agents of both captors and claimants, at the charge of the party requesting the same. After such appraisement, and within fourteen days after claim made, the judge shall take good and sufficient security from the claimants to pay the captors the full value thereof, according to such appraisement, in

case the same shall be adjudged a lawful prize.* He is also enjoined to take sufficient security from the captors to pay such costs as the Court shall think proper, in case the ship, vessel, or goods, shall not be condemned as lawful prize; and after such securities have been duly given, he shall make an interlo cutory order for releasing or delivering the same to such claimant or claimants, or to his or their agents.†

Ia case, however, any claimant or claimants refuse to give the security required, the judge, on sufficient security being given by the captors, that they will pay the full value to the claimants according to the appraisement thereof, if the capture should not be condemned, shall proceed to make an interlocutory order for releasing and delivering the same to such captor or captors, or to their agents.‡ But as great injury is often

* No claimants are allowed to take cargo on bail, previously to hearing, without the consent of all the parties. 3 Rob. Adm. Rep. 178. But where all the parties interested are liable to sustain loss or damage from the captured cargoes either being perishing, or of a perishable nature, the Court of Admiralty has ordered, that in all cases, by consent of captor and claimant, or upon attestation exhibited on the part of the claimant only, without the captor's consent, the cargo, or the perishing or perishable part thereof, shall be delivered to him, on his specifying the quantity and quality of the cargo, and giving bail to answer the value thereof, if condemned, and also that he will abide the event of the suit. Such bail must be approved by the captor, or otherwise the persons giving the security, must swear that they are truly and severally worth the sum for which they give security; but if the parties cannot agree respecting the value of the cargo, a decree of appraisement may issue from the Court in order to ascertain the real value. Where, however, no claim is made, the captor may, on exhibiting an affidavit, specifying the quantity and quality of the perishable cargo, have a decree of appraisement and sale of such cargo, and bring the proceeds into Court in view of any claim, eventually to abide any future orders. Order of the Court of Admiralty, April 11, 1780, in Sir J. Marriott's "Formulare," p. 5, 6. Where a commission of appraisement and sale is granted by the judge of the Vice-admiralty Court, before final sentence, the proceeds of such sale shall not remain in the hands of the captors or their agents, but shall be deposited in the registry of the Court till final sentence be pronounced. 41 Geo. 3. c. 96. 8. 7.

† 13 Geo. 2. c. 4. 8. 3. 33 Geo. 3. c. 66. 8. 23. 43 Geo. 3. c. 160. s. 20. Where a ship and cargo, or either of them, are condemned, with a general reservation of the question to whom, no copy of the interlocutory order is allowed to be delivered to either party, until a final condemnation take place. Order of the Court of Admiralty, dated August 1, 1793, in "Formulare," p. 23, 24. $33 Geo. 3. c. 66. 8. 24. 43 Geo. 3. c. 160. s. 21.

sustained by the sale of captured property in remote parts of the British dominions, the colonial Vice-admiralty Courts are empowered, where farther proof is ordered, and the claimants of the property decline to take it on bail, to direct such property to be sent to England, (with the captor's and claimant's consent,) there to be sold by consignees nominated by both parties, and the proceeds of sale to be forthwith deposited in the bank of England, in the name of such consignees, subject to the final adjudication, expenses of freight, insurance, and other charges, attending the sale and transportation of the property. If, however, it shall appear to the Court that the captors unreasonably withhold their consent, they shall (in case of restitution) pay the difference in value of the property, at the time of such restitution, and of the produce thereof, in case such property had been sent for sale to England; the said difference to be ascertained in such manner as shall appear satisfactory to the Court for that purpose.

Thus far the regulations relate equally to ships of war and to privateers; but in all proceedings had upon captures made by any privateer in the Vice-Admiralty Courts in the West Indies or America, the owners are to be deemed and considered as parties to every part of such proceedings; and such owners, as well as the sureties, are jointly and severally liable to all orders and decrees made therein immediately after final sentence, without any farther personal service on the commander, or putting him in contempt by process of contumacy.

Appeals.

In case, however, any captors or claimants shall not rest satisfied with the sentence, or interlocutory decree having the force of a definitive sentencé, pronounced in the high Court of Admiralty of England, or in any colonial Vice-admiralty Court, the parties aggrieved may appeal to the commissioners appointed for determining appeals in prize causes, in like manner as such appeals have usually been interposed;* provided the appellants give sufficient security that they will effectually pro

* The 33 Geo. 3. c. 66. s. 28. specifies fourteen days after pronunciation of the decree, which is the time allowed by the present practice of the Admiralty Court.

secute such appeal, answer the condemnation, and pay all costs, if the sentence of the respective Courts be affirmed. But the execution of such sentence is not to be suspended by the appeal, (excepting in the cases hereafter mentioned,) if the parties appellate give sufficient security, to be approved of by the Court where such sentence was given, that they will restore the property in litigation, or the value thereof, to the appellants, in case the sentence or the interlocutory decree appealed from, shall be reversed.* And in cases of appeal from a colonial Vice-admiralty Court, the property in litigation may, at the ap pellant's request, be sent by the Court to England for sale, and the proceeds be deposited in the bank, in the manner already specified;t or if the property shall have been converted by sale, the proceeds thence arising shall be consigned to England and deposited in a similar manner. Should any question or difficulty arise respecting any property or proceeds thus sent to England, either before or after any such appeal, at any time after their arrival in England, or respecting the sale or proceeds thereof, the captors or claimants may, on giving notice to the adverse parties, apply by their proctors to the high Court of Admiralty, (if before the prosecution of the appeal,) or (afterwards) lords commissioners of appeal, for their directions concerning the sale or management of such property or proceeds.‡

If any person, not being a party in the first instance, appeal from a definitive sentence, or interlocutory decree having the force of such sentence, such person, or his or her agent or agents, must at the same time enter his, her, or their claim or claims, as their appeal will otherwise be null and void.§

In all prize causes, whether tried in the English Admiralty, or in a colonial Vice-admiralty Court, all persons interested, whether they be or be not parties in the first instance, may take out an inhibition, and prosecute an appeal within twelve calen

33 Geo. 3. c. 66. s. 28. 43 Geo. 3. c. 160. 8. 27.

+ Supra, p. 144.

$ 41 Geo. 3. c. 96. 8. 9.

33 Geo. 3. c. 66. 9. 29. 43 Geo. 3. c. 160. s. 28.

T

dar months, to be computed from the day of the date of the sentence, or decree appealed from. But if no inhibition be taken out before the twelve months elapse, no appeal will be allowed to be prosecuted, nor will any inhibition be granted, but the said sentence, or interlocutory decree, is. to stand confirmed as to such person.*

In certain special prize causes, however, to be mentioned in his Majesty's order or orders in council, his Majesty may authorize the persons interested (whether parties or not in the first instance, and in whatever Court the decree or sentence appealed from may have been pronounced) to take out inhibitions for prosecuting appeals after the expiration of twelve months; and the lords commissioners of appeals may, if distribution has not taken place, permit an appeal to be prosecuted after that period has elapsed, where, on special cause shown, they shall deem it reasonable to grant such permission ;† but if it shall appear to the satisfaction of the lords commissioners of appeals in prize causes, that distribution has been made of the proceeds of the prizes, at or after the time or times when the right of appealing would have been barred, if no such order had been made, and before notice of such order duly given to the captors, the said captors are not liable to make compensation to the claimants, provided they duly comply with the following regulation, viz. Where his Majesty shall authorize such appeals, the captors shall, within a reasonable time, at the requisition of the claimants, deliver a true copy of the account of sales, and of all proceedings had under the authority of the sentence or decree, pronounced in the Court below, to his Majesty's procurator-general, who is, authorized and required to defend all such appeals, and in such manner as his Majesty's advocate-general shall direct. But if the captors shall neglect to comply with these regulations, or to obey such farther orders as the lords commissioners may deem necessary, they forfeit all claim to any benefit or discharge under the act above de.