International Law. A Treatise. Volume 2 (of 2) War and Neutrality. Second Edition
Part II.--PROCEDURE IN PRIZE CAUSES.
[Sidenote: Custody of ships taken as prize. [27 & 28 Vict. c. 25, s. 16.]]
16. Where a ship (not being a ship of war) is taken as prize, and is or is brought within the jurisdiction of a prize court, she shall forthwith be delivered up to the marshal of the court, or, if there is no such marshal, to the principal officer of customs at the port, and shall remain in his custody, subject to the orders of the court.
[Sidenote: Bringing in of ship papers. [27 & 28 Vict. c. 25, s. 17.]]
17.--(1) The captors shall in all cases, with all practicable speed, bring the ship papers into the registry of the court.
(2) The officer in command, or one of the chief officers of the capturing ship, or some other person who was present at the capture and saw the ship papers delivered up or found on board, shall make oath that they are brought in as they were taken, without fraud, addition, subduction, or alteration, or else shall account on oath to the satisfaction of the court for the absence or altered condition of the ship papers or any of them.
(3) Where no ship papers are delivered up or found on board the captured ship, the officer in command, or one of the chief officers of the capturing ship, or some other person who was present at the capture, shall make oath to that effect.
[Sidenote: Examination of persons from captured ship. [27 & 28 Vict. c. 25, s. 19.]]
18. The captors shall also, unless the court otherwise directs, with all practicable speed after the captured ship is brought into port, bring a convenient number of the principal persons belonging to the captured ship before the judge of the court or some person authorised in this behalf, by whom they shall be examined on oath.
[Sidenote: Delivery of ship on bail. [27 & 28 Vict. c. 25, s. 25.]]
19. The court may, if it thinks fit, at any time after a captured ship has been appraised direct that the ship be delivered up to the claimant on his giving security to the satisfaction of the court to pay to the captors the appraised value thereof in case of condemnation.
[Sidenote: Power to order sale. [27 & 28 Vict. c. 25, ss. 26 & 27.]]
20. The court may at any time, if it thinks fit, on account of the condition of the captured ship, or on the application of a claimant, or on or after condemnation, order that the captured ship be appraised (if not already appraised), and be sold.
[Sidenote: Power to award compensation notwithstanding release of ship.]
21. Where a ship has been taken as prize, a prize court may award compensation in respect of the capture notwithstanding that the ship has been released, whether before or after the institution of any proceedings in the court in relation to the ship.
[Sidenote: Application and effect of Part II. [27 & 28 Vict. c. 25, s. 31.]]
22.--(1) The provisions of this Part of this Act relating to ships shall extend and apply, with the necessary adaptations, to goods taken as prize.
(2) The provisions of this Part of this Act shall have effect subject to any rules of court dealing with the subject-matter thereof.