"duction of the preparatory examinations and ship papers, proceed "with all convenient speed either to condemn or to release the "captured ship.

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"21. Where, on production of the preparatory examinations and ship papers, it appears to the Court doubtful whether the captured "ship is good prize or not, the Court may direct further proof to be adduced, either by affidavit or by examination of witnesses, with or "without pleadings, or by production of further documents; and on "such further proof being adduced the Court shall, with all con"venient speed, proceed to adjudication.

"22. The foregoing provisions, as far as they relate to the cus"tody of the ship, and to examination on the standing interrogatories, shall not apply to ships of war taken as prize.

"Claim.

"23. At any time before final decree made in the cause, any person claiming an interest in the ship may enter in the registry "of the Court a claim, verified on oath.

"Within five days after entering the claim, the claimant shall "give security for costs in the sum of sixty pounds; but the "Court shall have power to enlarge the time for giving security, or "to direct security to be given in a larger sum, if the circumstances appear to require it.

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"24. The Court may, if it thinks fit at any time, direct that the "captured ship be appraised.

Every appraisement shall be made by competent persons sworn "to make the same according to the best of their skill and know"ledge.

"Delivery on Bail.

"25. After appraisement, the Court may, if it thinks fit, direct "that the captured ship be delivered up to the Claimant, on his giving security to the satisfaction of the Court to pay to the captors the appraised value thereof in case of condemnation.

"Sale.

"26. The Court may at any time, if it thinks fit, on account of the "condition of the captured ship, or on the application of a claimant, "order that the captured ship be appraised as aforesaid (if not already appraised), and be sold.

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"27. On or after condemnation the Court may, if it thinks fit, "order that the ship be appraised as aforesaid (if not already "appraised), and be sold.

28. Every sale shall be made by or under the superintendence

"of the marshal of the Court or of the officer having the custody of "the captured ship.

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"29. The proceeds of any sale, made either before or after con"demnation, and after condemnation the appraised value of the captured ship, in case she has been delivered up to a claimant on "bail, shall be paid under an order of the Court either into the "Bank of England to the credit of Her Majesty's Paymaster "General, or into the hands of an official accountant (belonging to "the Commissariat or some other department) appointed for this "purpose by the Commissioners of Her Majesty's Treasury or by "the Lords of the Admiralty, subject in either case to such regula"tions as may from time to time be made, by Order in Council, as "to the custody and disposal of money so paid.

"Small armed Ships.

"30. 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.

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"Goods.

"31. The foregoing provisions relating to ships shall extend and apply, mutatis mutandis, to goods taken as prize on board ship; "and the Court may direct such goods to be unladen, inventoried, " and warehoused.

"Monition to captors to proceed.

32. If the captors fail to institute or to prosecute with effect "proceedings for adjudication, a monition shall, on the application "of a claimant, issue against the captors, returnable within six days "from the service thereof, citing them to appear and proceed to "adjudication; and on the return thereof the Court shall either "forthwith proceed to adjudication or direct further proof to be "adduced as aforesaid, and then proceed to adjudication.

"Claim on Appeal.

"33. Where any person, not an original party in the cause, in"tervenes on appeal, he shall enter a claim, verified on oath, and "shall give security for costs.

"III. SPECIAL CASES OF CAPTURE.

"Land Expeditions.

"34. Where, in an expedition of any of Her Majesty's naval or "naval and military forces against a fortress or possession on land, goods belonging to the state of the enemy or to a public trading company of the enemy exercising powers of government are taken "in the fortress or possession, or a ship is taken in waters defended "by or belonging to the fortress or possession, a Prize Court shall "have jurisdiction as to the goods or ship so taken, and any goods "taken on board the ship, as in case of prize.

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"35. Where any ship or goods is or are taken by any of Her Majesty's naval or naval and military forces while acting in con"junction with any forces of any of Her Majesty's allies, a prize "Court shall have jurisdiction as to the same as in case of Prize,

and shall have power, after condemnation, to apportion the due "share of the proceeds to Her Majesty's ally, the proportionate "amount and the disposition of which share shall be such as may "from time to time be agreed between Her Majesty and Her "Majesty's ally.

"Joint Capture.

"36. Before condemnation, a petition on behalf of asserted joint captors shall not (except by special leave of the Court) be ad"mitted, unless and until they give security to the satisfaction of "the Court to contribute to the actual captors a just proportion of any costs, charges, or expenses, or damages that may be incurred "by or awarded against the actual captors on account of the capture "and detention of the prize.

"After condemnation, such a petition shall not (except by special "leave of the Court) be admitted unless and until the asserted joint captors pay to the actual captors a just proportion of the costs, charges, and expenses incurred by the actual captors in the case, "and give such security as aforesaid, and show sufficient cause to "the Court why their petition was not presented before condemna❝tion.

"Provided, that nothing in the present section shall extend to "the asserted interest of a flag officer claiming to share by virtue of "his flag.

Offences against Law of Prize.

"37. A Prize Court, on proof of any offence against the law of "nations, or against this Act, or any Act relating to naval discipline, "or against any Order in Council or royal proclamation, or of any "breach of Her Majesty's instructions relating to prize, or of any "act of disobedience to the orders of the Lords of the Admiralty, 66 or to the command of a superior officer, committed by the captors “in relation to any ship or goods taken as prize, or in relation to any person on board any such ship, may, on condemnation, reserve the prize to Her Majesty's disposal, notwithstanding any grant that may have been made by Her Majesty in favour of 66 captors.

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"Pre-emption.

"38. Where a ship of a foreign nation passing the seas laden with "naval or victualling stores intended to be carried to a port of an enemy of Her Majesty is taken and brought into a port of the "United Kingdom, and the purchase for the service of her Majesty "of the stores on board the ship appears to the Lords of the Admiralty "expedient without the condemnation thereof in a Prize Court, in "that case the Lords of the Admiralty may purchase, on the account "or for the service of Her Majesty, all or any of the stores on board "the ship; and the Commissioners of Customs may permit the "stores purchased to be entered and landed within any port.

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Capture by Ship other than a Ship of War.

"39. Any ship or goods taken as prize by any of the officers and crew of a ship other than a ship of war of Her Majesty, shall, on "condemnation, belong to Her Majesty in her office of Admiralty.

"IV. PRIZE SALVAGE.

40. Where any ship or goods belonging to any of Her Majesty's "subjects, after being taken as prize by the enemy, is or are retaken "from the enemy by any of Her Majesty's ships of war, the same "shall be restored by decree of a Prize Court to the owner, on his "paying as prize salvage one-eighth part of the value of the prize to "be decreed and ascertained by the Court, or such sum not exceeding one-eighth part of the estimated value of the prize as may be agreed on between the owner and the re-captors, and approved by order "of the Court: Provided, that where the re-capture is made under "circumstances of special difficulty or danger, the Prize Court may, "if it thinks fit, award to the re-captors as prize salvage a larger part than one-eighth part, but not exceeding in any case one-fourth part, of the value of the prize.

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"Provided also, that where a ship after being so taken is set forth

or used by any of Her Majesty's enemies as a ship of war, this "provision for restitution shall not apply, and the ship shall be adjudicated on as in other cases of prize.

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"41. Where a ship belonging to any of Her Majesty's subjects, "after being taken as prize by the enemy, is retaken from the enemy by any of Her Majesty's ships of war, she may, with the consent of "the re-captors, prosecute her voyage, and it shall not be necessary "for the re-captors to proceed to adjudication till her return to a port of the United Kingdom.

"The master or owner, or his agent, may, with the consent of the "re-captors, unload and dispose of the goods on board the ship before "adjudication.

"In case the ship does not, within six months, return to a port "of the United Kingdom, the re-captors may nevertheless institute "proceedings against the ship or goods in the High Court of Admiralty, and the Court may thereupon award prize salvage as "aforesaid to the re-captors, and may enforce payment thereof, either "by warrant of arrest against the ship or goods, or by monition and "attachment against the owner.

"V.-PRIZE BOUNTY.

"42. If, in relation to any war, Her Majesty is pleased to declare, by proclamation or Order in Council, her intention to grant prize "bounty to the officers and crews of her ships of war, then such "of the officers and crew of any of Her Majesty's ships of war as "are actually present at the taking or destroying of any armed ship of any of Her Majesty's enemies shall be entitled to have distributed among them as prize bounty a sum calculated at the rate of five "pounds for each person on board the enemy's ship at the beginning "of the engagement.

"43. The number of the persons so on board the enemy's ship "shall be proved in a Prize Court, either by the examinations on "oath of the survivors of them, or of any three or more of the "survivors, or if there is no survivor by the papers of the enemy's ship, or by the examinations on oath of three or more of the "officers and crew of Her Majesty's ship, or by such other evidence as may seem to the Court sufficient in the circumstances.

"The Court shall make a decree declaring the title of the officers "and crew of Her Majesty's ship to the prize bounty, and stating the "amount thereof.

"The decree shall be subject to appeal as other decrees of the "Court.

"44. On production of an official copy of the decree the Com"missioners of Her Majesty's Treasury shall, out of money provided "by Parliament, pay the amount of prize bounty decreed, in such manner as any Order in Council may from time to time direct.