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)
Further proof usually consists of affidavits made by the asserted
proprietors of the goods, in which they are sometimes joined with
their clerks, and others acquainted with the real transactions, and
with the real property of the goods claimed. In corroboration of these
affidavits, may be annexed the original correspondence, duplicates of
bills of lading, invoices, extracts from books, &c. These papers must
be proved by affidavits of persons who can speak of their
authenticity; and if copies or extracts, they should be collected and
certified by public notaries. The affidavits are sworn before
magistrates, or others competent to administer oaths in the country
where they are made, and authenticated by a certificate from the
British Consul.
The degree of proof required depends upon the degree of suspicion or
doubt that belongs to the case. In case of heavy suspicion and great
importance, the court may order what is called "plea and proof," that
is, instead of admitting affidavits and documents introduced by the
claimant only, each party is at liberty to allege, in regular
pleadings, such circumstance as may tend to acquit or condemn the
capture, and to examine witnesses in support of the allegation, to
whom the opposite party may administer interrogatories. The
depositions of the witnesses are taken in writing. If the witnesses
are to be examined abroad, a commission issues for that purpose; but
in no case is it necessary for them to come to England. These solemn
proceedings are seldom resorted to. Standing Commissions may be sent
to any neutral country for the general purpose of receiving
examinations of witnesses, in all cases where the court may find it
necessary, for the purposes of justice, to decree an enquiry to be
conducted in that manner.[100]
[Sidenote: Prize Jurisdiction.]
The Jurisdiction over Prizes is exercised by the Judge of the
Admiralty, exclusively of every other judicature of the kind, except
in cases of appeal.
This Jurisdiction in matter of Prize, (whether it is coeval with the
Court of Admiralty, or, which is much more probable, of a later
institution, beyond the time of memory,) though exercised by the same
person, is quite distinct in its nature.
The Judge of the Admiralty is appointed by a commission under the
great seal, which enumerates particularly, as well as generally, every
object of his jurisdiction, but not a word of prize.
To constitute that authority, in every war, a commission under the
great seal issues to the Lord High Admiral to will and require the
Court of Admiralty, and the Lieutenant and Judge of the said court,
his surrogate or surrogates, and they are thereby authorised and
required to proceed upon all and all manner of captures, seizures,
prizes, and reprisals, of all ships and goods that are or shall be
taken, and to hear and determine according to the Courts of Admiralty
and the Law of Nations.
A warrant issues to the judge accordingly.
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