Naval Prize Act 1864 (c. 25)

I.—Prize Courts U.K.

3 High Court of Admiralty and other courts to be prize courts for purposes of Act. U.K.

The High Court of Admiralty, and every court of Admiralty or of Vice-Admiralty, or other court exercising Admiralty jurisdiction in Her Majesty’s dominions, for the time being authorized to take cognizance of and judicially proceed in matters of prize, shall be a prize court within the meaning of this Act.

Every such court, other than the High Court of Admiralty, is comprised in the term “Vice-Admiralty prize court,” when hereafter used in this Act.

High Court of Admiralty U.K.

4 Jurisdiction of High Court of Admiralty. U.K.

The High Court of Admiralty shall have jurisdiction throughout Her Majesty’s dominions as a prize court.

The High Court of Admiralty as a prize court shall have power to enforce any order or decree of a Vice-Admiralty prize court, and any order or decree of the Judicial Committee of the Privy Council in a prize appeal.

Appeal; Judicial Committee U.K.

5 Appeal to Queen in Council, in what cases. U.K.

An appeal shall lie to Her Majesty in Council from any order or decree of a prize court, as of right in case of a final decree, and in other cases with the leave of the court making the order or decree.

Every appeal shall be made in such manner and form and subject to such regulations (including regulations as to fees, costs, charges, and expenses) as may for the time being be directed by Order in Council, and in the absence of any such Order, or so far as any such Order does not extend, then in such manner and form and subject to such regulations as are for the time being prescribed or in force respecting maritime causes of appeal.

6 Jurisdiction of Judicial Committee in prize appeals. U.K.

The Judicial Committee of the Privy Council shall have jurisdiction to hear and report on any such appeal, and may therein exercise all such powers as for the time being appertain to them in respect of appeals from any court of Admiralty jurisdiction, and all such powers as are under this Act vested in the High Court of Admiralty, and all such powers as were wont to be exercised by the Commissioners of Appeal in prize causes.

7, 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 Ss. 7, 8 repealed by Prize Courts (Procedure) Act 1914 (c. 13), Sch.

Vice-Admiralty Prize Courts U.K.

9 Enforcement of orders of High Court, &c. U.K.

Every Vice-Admiralty prize court shall enforce within its jurisdiction all orders and decrees of the Judicial Committee in prize appeals and of the High Court of Admiralty in prize causes.

10—12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 U.K.

Textual Amendments

F2 Ss. 10–12, 14, 15, 45 repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

General U.K.

13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 U.K.

Textual Amendments

F3 S. 13 repealed by Prize Courts Act 1894 (c. 39), s. 3(3)

14, 15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 U.K.

Textual Amendments

F4 Ss. 10–12, 14, 15, 45 repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7