CHAPTER X.
PROCEDURE.
Prizes must § 281. By long custom all prizes must be
be brought f phd a
into a con- Judged, and it is therefore the duty of the captors
venient port p : n ] 1 -
for adjudica. tO bring the vessel or cargo seized into a con
Ba venient port for adjudication. The propriety or
rather the necessity of acting upon this rule is based
on the principle that the property of private persons
must not be converted without due process of law.
If the captors from any cause whatsoever neglect
to submit the case to the Court, it is always open
to the claimants to apply to the judge for an order
that the captors do proceed to adjudication.’
Moreover, if after a cause has been instituted, the
captors fail to proceed effectively with the case,
the Court has the power, on the application of a
claimant, to order the property to be released and
restored to the claimant and may, further, condemn
the captors in damages and costs.?
Competent § 282. The natural tribunals of adjudication,
tribunals of i. . , .
indication, Under present municipal legislations, are the Prize
* The Huldah (1801), 8 C. Rob. 285; The William (1802), 4 ibid.,
214; The St. Juan Baptista (1803), 5 ibid., 33; The Susanna
(1805), 6 ibid., 48; Naval Prize Act, 1864, s. 82, and Rule 4 of
Order V. of the P. C. R. Continental practice differs considerably
in this respect from the English system as it does not allow a claim-
ant to apply to the Prize Court for an order of adjudication. The
Court is only competent to adjudicate on claims submitted to it by
the captors. See, for an instance of this rule, the judgment of the
French Prize Court in The Athena, [1918] J. O., December 17,
1918, 10848.
2 The William (1802), 4 C. Rob. 214; The Susanna (1805),
6 tbid., 48. And rule 8 of Order V. of the P. C. R.
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