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)
If the claimant be dissatisfied with the sentence, his proctor enters
an appeal in the registry of the Court, where the sentence was given,
or before a notary public (which regularly should be entered within
fourteen days after the sentence); and he afterwards applies at the
registry of the Lords of Appeal in prize causes, which is held at the
same place as the registry of the High Court of Admiralty, for an
instrument called an inhibition, and which should be taken out within
three months, if the sentence be in the High Court of Admiralty; and
within nine months, if in a Vice-Admiralty Court; but may be taken out
at later periods if a reasonable cause can be alleged for the delay
which has intervened. This instrument directs the judge, whose
sentence is appealed from, to proceed no further in the cause; it
directs the registrar to transmit a copy of all proceedings of the
inferior courts; and it directs the party who has obtained the
sentence to appear before the superior tribunal to answer to the
appeal. On applying for the inhibition, security is given on the part
of the appellant to the amount of two hundred pounds, to answer costs,
in case it should appear to the Court of Appeal that the appeal is
vexatious. The inhibition is to be served upon the judge, the
registrar, and the adverse party, and his proctor, by shewing the
instrument under seal, and delivering a note of its contents. If the
party cannot be found, and his proctor will not accept the service,
the instrument is to be served, _viis et modis_; that is, by affixing
it to the door of the last place of residence, or by hanging it on the
pillars of the Royal Exchange. That part of the process above
described, which is to be executed abroad, may be performed by any
person to whom it is committed, and the formal part at home is
executed by the officer of the court. A certificate of the service is
endorsed on the back of the instrument, sworn before the surrogate of
the superior court, or before a notary public, if the service is
abroad.
If the cause be adjudged in the Vice-Admiralty Court, it is usual, on
entering the appeal there, to procure a copy of the proceedings, which
the appellant sends over to his correspondent in, England, who carries
it to a proctor, and the same steps are taken to procure and send the
inhibition as when the cause has been adjudged in the High Court of
Admiralty. But if a copy of the proceedings cannot be procured in due
time, an inhibition can be obtained, by sending over a copy of the
instrument of appeal, or by writing to the correspondent an account
only of the time and substance of the sentence.
Upon an appeal, fresh evidence may be introduced, if, upon hearing,
the Lords of Appeal should be of an opinion that the cause is of such
doubt, or that further proof ought to have been ordered by the court
below.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account