Full text: A treatise on the law of prize

JURISDICTION OF PRIZE COURTS. 
or allied subjects, provided that there has heen a 
valid maritime seizure. 
§ 29. Prize jurisdiction proceeds both in rem Woh 
and in personam. Tt proceeds in rem with regard in ii 
to the subject-matter of the ship or goods brought “personas. 
in for adjudication © or by reason of the payment 
into Court of the proceeds of the sale of captured 
vessels and cargoes.” Tt proceeds in personam 
with regard to any acts of persons who have become 
captors or who have intervened ® 
But where there is no res or fund to which the 
Jurisdiction of the Court can attach, or in respect 
of which it can be exercised, and where there ig 
no suggested delinquency on the part of any captor 
Or any agent of the Crown, then the Court must 
decline Jurisdiction.® Ip the case of The Hofsfos, 
the motion to get aside a decree of condemnation 
Was made by the claimants after the proceeds of 
the sale of condemned goods had been transferred 
from the Prize Court to the Exchequer, and there 
Was, therefore, nothing over which, according to 
the Court’s practice, its authority could be 
exerted? 
$30... The Court’s jurisdiction extends there- Extent of the 
fore to every case in which there has been a mayi- on. 
time seizure Jure belli, and in exercising this juris- 
diction, the Court can and will deal with all 
incidental matters 2 The: Prive: Court will thug 
6 The Hofsfos, [1923] P. 93. 
a Lhe Wilhelmina, [1923] B, 11a, 
8 The Hofsfos, supra, 
® Ibid, 
1 Ibid. Ct. Egyptian Bonded Warehouse Co. v. Yeyasu Goshi 
Kaisha, [19227 1 A °C. 111; The Ajue, [1924] 19°L) 1, R, 10. 
2. Le Canny V. Eden (1781), 2 Dougl. 594. Privy Council in The 
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