Full text: A treatise on the law of prize

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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