The Laws of War, Affecting Commerce and Shipping — John Shaqi
The Laws of War, Affecting Commerce and ShippingThomson, H. Byerley (Henry Byerley)
History
The Laws of War, Affecting Commerce and Shipping
Thomson, H. Byerley (Henry Byerley)
Maritime law; War (International law); War, Maritime (International law)
The _neutral master or proprietor of the cargo_ takes measures as
follows:--Upon being brought into port, the master usually makes a
protest, which he forwards to London as instructions, (or with such
further directions as he thinks proper) either to the correspondent of
his owners, or to the consul of his nation, in order to claim the ship
or such parts of the cargo as belong to his owners, or with which he
was particularly entrusted; or the master himself goes to London to
take the necessary steps, as soon as he has undergone his examination.
The master, correspondent, or consul, applies to a proctor, who
prepares a claim supported by the affidavit of the claimant, stating
briefly to whom, as he believes, the ship and goods claimed belong;
and that no enemy has any right or interest therein; security must be
given to the amount of sixty pounds, to answer costs, if the case
should appear so grossly fraudulent on the part of the claimant as to
subject him to be condemned therein. If the captor has neglected in
the mean time to take the usual steps, (but which seldom happens, as
he is strictly enjoined both by his instructions and by the Prize Act
to proceed immediately to adjudication,) a process issues against him,
on the application of the claimant's proctor, to bring in the ship's
papers and preparatory examinations, and to proceed in the usual way.
As soon as the claim is given, copies of the ship's papers and
examinations are procured from the registry, and upon the return of
the monition the cause may be heard. It however seldom happens, owing
to the great pressure of business, (especially at the commencement of
war), that causes can possibly be prepared for hearing immediately on
the expiration of the time for the return of the monition; in that
case, each cause must necessarily take its regular turn. Correspondent
measures must be taken, by the neutral master, if carried within the
jurisdiction of a Vice-Admiralty Court, by giving a claim, supported
by his affidavit, and offering a security for costs, if the claim
should be pronounced grossly fraudulent.
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