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There are currently no known outstanding effects for the Naval Prize Act 1864, II.—Procedure in Prize Causes.
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Every ship taken as prize, and brought into port within the jurisdiction of a prize court, shall forthwith, and without bulk broken, be delivered up to the marshal of the court.
If there is no such marshal, then the ship shall be in like manner delivered up to the principal officer of Customs at the port.
[F1Every aircraft taken as prize and brought to a place within the jurisdiction of a prize court, shall forthwith, and without bulk broken, be delivered up to the marshal of the court.
If there is no such marshal, then the aircraft shall be in like manner delivered up to such person as the court may appoint.]
The ship [F1or aircraft] shall remain in the custody of the marshal, or of such officer [F1or person], subject to the orders of the court.
Textual Amendments
F1Words inserted by Prize Act 1939 (c. 65), Sch. Pt. I
[F2The captors shall with all practicable speed after the ship is brought into port, or the aircraft is brought to a place within the jurisdiction of a prize court, bring the ship papers, or the aircraft papers, as the case may be, into the registry of the court.]
The officer in command, or one of the chief officers of the capturing ship, [F3or capturing aircraft], or some other person who was present at the capture, and saw the ship papers [F3or aircraft papers] delivered up or found on board, shall make oath that they are brought in as they were taken, without fraud, addition, subduction, or alteration, or else shall account on oath to the satisfaction of the court for the absence or altered condition of the ship papers [F3or aircraft papers] or any of them.
Where no ship papers [F3or aircraft papers] are delivered up or found on board the captured ship [F3or captured aircraft] the officer in command, or one of the chief officers of the capturing ship, [F3or capturing aircraft] or some other person who was present at the capture, shall make oath to that effect.
Textual Amendments
F2Words substituted by Prize Act 1939 (c. 65), Sch. Pt. I
F3Words inserted by Prize Act 1939 (c. 65), Sch. Pt. I
Textual Amendments
The captors may include in one adjudication any number, not exceeding six, of armed ships not exceeding one hundred tons each, taken within three months next before institution of proceedings.
Modifications etc. (not altering text)
C1S. 30 excluded by Prize Act 1939 (c. 65), s. 1(3), Sch. Pt. II
The foregoing provisions relating to ships [F5and aircraft] shall extend and apply, mutatis mutandis, to goods taken as prize on board ship [F5or aircraft]; and the court may direct such goods to be unladen, inventoried, and warehoused.
Textual Amendments
F5Words inserted by Prize Act 1939 (c. 65), Sch. Pt. I
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