A TREATISE ON THE LAW OF PRIZE.
deal, to the exclusion of all Courts of common
law,® with claims for freights where ships or
cargoes have been captured, not only as between
captors and owners, but also as between owners
of ships and owners of cargoes,* and its jurisdiction
to deal with freight is not affected by the release
of the cargo or ship.® It will also adjudicate on
all questions of damage for demurrage or deten-
tion of ships or cargoes,’ on all matters of salvage,”
average,” and, generally, with all claims affecting
the captured ships and goods.
The jurisdiction of the Court having once
attached, the onus of proving its determination
rests on those who allege it.° It commences as
soon as there is a seizure in prize, and if the
captors do not promptly bring in the property seized
for adjudication, the Court will, at the instance of
any party aggrieved, compel them so to do.
Subject. § 31. The subject-matter of the Court’s
matter o : .
the Court's ordinary jurisdiction covers captures of ships,
jurisdiction. : . 2 ;
goods and choses in action,” all of which terms are
used in a wide sense.
St. Helena, [1916] 2 A. C. 625, and Egyptian Bonded Warehouse Co.
v. Yeyasu Goshi Kaisha, [1922] 1 A. C. 111.
3 The Wilhelmina, [1923] P, 112. Cf. Smart v. Wolff (1789),
3 Term Rep. 323, 341. . .
4 The Corsican Prince, [1916] P. 195; The St. Helena, [1916]
2 A. C, 625,
5 The Iolo, [1916] P. 206.
6 The Katwyk, [1915] 1 B. & C. P. C. 282; The Kronprins
Gustay Adolf, [1917] 2 B. & C. P. C. 418; The Zamora, [1916]
2A CT
7 The Chateaubriand, [1916] 2 B. & C. P. C. 69; The Pontoporos,
[1916] P. 100.
8 The Sorfareren; [19157 1 B. & C. P. C. 589.
® The St. Helena, [1916] 2 A. C. 625.
1 The Zamora, [1916] 2 A. C. 71.
2 The Frederick VIII., [1917] P. 43, 45; Story, op. cit., p. 28.
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