Appeals.

sustained by the sale of captured property in remote parts of the British dominions, the colonial Vice-admiralty Courts are empowered, where farther proof is ordered, and the claimants of the property decline to take it on bail, to direct such property to be sent to England, (with the captor's and claimant's consent,) there to be sold by consignees nominated by both parties, and the proceeds of sale to be forthwith deposited in the bank of England, in the name of such consignees, subject to the final adjudication, expenses of freight, insurance, and other charges, attending the sale and transportation of the property. If, however, it shall appear to the Court that the captors unreasonably withhold their consent, they shall (in case of restitution) pay the difference in value of the property, at the time of such restitution, and of the produce thereof, in case such property had been sent for sale to England; the said difference to be ascertained in such manner as shall appear satisfactory to the Court for that purpose.

Thus far the regulations relate equally to ships of war and to privateers; but in all proceedings had upon captures made by any privateer in the Vice-Admiralty Courts in the West Indies or America, the owners are to be deemed and considered as parties to every part of such proceedings; and such owners, as well as the sureties, are jointly and severally liable to all orders and decrees made therein immediately after final sentence, without any farther personal service on the commander, or putting him in contempt by process of contumacy.

In case, however, any captors or claimants shall not rest satisfied with the sentence, or interlocutory decree having the force of a definitive sentence, pronounced in the high Court of Admiralty of England, or in any colonial Vice-admiralty Court, the parties aggrieved may appeal to the commissioners appointed for determining appeals in prize causes, in like manner as such appeals have usually been interposed ;* provided the appellants give sufficient security that they will effectually pro

* The 33 Geo. 3. c. 66. s. 23. spécifies fourteen days after pronunciation of the decree, which is the time allowed by the present practice of the Admiralty Court,

secute such appeal, answer the condemnation, and pay all costs, if the sentence of the respective Courts be affirmed. But the execution of such sentence is not to be suspended by the appeal, (excepting in the cases hereafter mentioned,) if the parties appellate give sufficient security, to be approved of by the Court where such sentence was given, that they will restore the property in litigation, or the value thereof, to the appellants, in case the sentence or the interlocutory decree appealed from, shall be reversed.* And in cases of appeal from a colonial Vice-admiralty Court, the property in litigation may, at the appellant's request, be sent by the Court to England for sale, and the proceeds be deposited in the bank, in the manner already specified; or if the property shall have been converted by sale, the proceeds thence arising shall be consigned to England and deposited in a similar manner. Should any question or difficulty arise respecting any property or proceeds thus sent to England, either before or after any such appeal, at any time after their arrival in England, or respecting the sale or pro-, ceeds thereof, the captors or claimants may, on giving notice to the adverse parties, apply by their proctors to the high Court of Admiralty, (if before the prosecution of the appeal,) or (afterwards) lords commissioners of appeal, for their directions concerning the sale or management of such property or proceeds.‡

If any person, not being a party in the first instance, appeal from a definitive sentence, or interlocutory decree having the force of such sentence, such person, or his or her agent or agents, must at the same time enter his, her, or their claim or claims, as their appeal will otherwise be null and void.§

In all prize causes, whether tried in the English Admiralty, or in a colonial Vice-admiralty Court, all persons interested, whether they be or be not parties in the first instance, may take out an inhibition, and prosecute an appeal within twelve calen

*33 Geo. 3. c. 66. s. 28. 43 Geo. 3. c. 160. s. 27. Supra, p. 144.

41 Geo. 3. c. 96. s. 9.

33 Geo. 3. c. 66, s. 29. 43 Geo. 3, c. 160. 9. 28.

T

dar months, to be computed from the day of the date of the sentence, or decree appealed from. But if no inhibition be taken out before the twelve months elapse, no appeal will be allowed to be prosecuted, nor will any inhibition be granted, but the said sentence, or interlocutory decree, is to stand confirmed as to such person.*

In certain special prize causes, however, to be mentioned in his Majesty's order or orders in council, his Majesty may authorize the persons interested (whether parties or not in the first instance, and in whatever Court the decree or sentence appealed from may have been pronounced) to take out inhibitions for prosecuting appeals after the expiration of twelve months; and the lords commissioners of appeals may, if distribution has not taken place, permit an appeal to be prosecuted after that period has elapsed, where, on special cause shown, they shall deem it reasonable to grant such permission ; but if it shall appear to the satisfaction of the lords commissioners of appeals in prize causes, that distribution has been made of the proceeds of the prizes, at or after the time or times when the right of appealing would have been barred, if no such order had been made, and before notice of such order duly given to the captors, the said captors are not liable to make compensation to the claimants, provided they duly comply with the following regulation,‡ viz. Where his Majesty shall authorize such appeals, the captors shall, within a reasonable time, at the requisition of the claimants, deliver a true copy of the account of sales, and of all proceedings had under the authority of the sentence or decree, pronounced in the Court below, to his Majesty's procurator-general, who is authorized and required to defend all such appeals, and in such manner as his Majesty's advocate-general shall direct. But if the captors shall neglect to comply with these regulations, or to obey such farther orders as the lords commissioners may deem necessary, they forfeit all claim to any benefit or discharge under the act above de

tailed, and are liable to be proceeded against in the same manner as if the appeal had been duly entered within the period of twelve months, allowed for appeals from the decisions of the Courts below.*

In cases of appeal, interposed in the manner already specified, the judge of the Court of Admiralty may, at the request and expense either of the captors or claimants, (or of the claimant only, where the privilege is reserved in favour of the claimant by any treaty or treaties subsisting between his Majesty and foreign powers,) order such capture to be appraised, (unless the parties shall otherwise agree upon the value thereof,) and direct an inventory to be made. Next, the judge is required to take security for the full value thereof, and he may order the capture to be delivered to the party giving such security, notwithstanding such appeal; but if any difficulty shall arise, or there be any sufficient objection to the giving or taking of security, the judge shall, at the request of either of the parties, order the captured goods and effects to be entered, landed, and sold by auction, under the care of the proper officers of the customs, and under the inspection of persons to be appointed by the claimants and captors. The money, arising by such sale, shall be brought into Court, and by the register, or his deputy or deputies, be deposited in the bank of England; or if the captors and claimants agree, such money may be vested in some public securities at interest, in the names of the register, and of such trustees as the captors and claimants shall appoint, and the Court shall approve. And if such security be given by the claimants, the judge shall give the captured vessel a pass under his seal, to prevent her from being again taken by his Majesty's subjects in her destined voyage.t

Where the sentence, or interlocutory decree, having the force of a definitive sentence, shall be finally reversed, after the sale of any ship or goods, the net proceeds of such sale (after payment of all expenses attending the same) shall be

38 Geo. 3. c. 28. s. 4.

33 Geo. 3. c. 66. s. 31. 43 Geo. 3. c. 160. s. 30.

deemed to be the full value of such ship and goods; nor shall the parties appellate, and their securities, be answerable for the value beyond the amount of such net proceeds, unless such sale appear to have been made fraudulently, or without due care.*

With regard to the practice of the Court of Appeals, as many inconveniences formerly arose from delays in serving the processes of that Court, it is now provided, that in all cases of captures by his Majesty's ships, a service upon his Majesty's proctor shall be deemed an effectual service upon the commander of the ship making such capture. Farther, on taking out letters of marque, the owners of all the ships or vessels, for which such letters shall be granted, must nominate and register in the Court granting such letter of marque, a proctor, exercent in the Court of Appeal in prize causes, with power of revocation and substitution; and service of process on such proctor shall be deemed effectual service upon the commander, owners, and sureties of privateers, in all cases where an appeal has been declared in the Court below, within fourteen days after sentence. But neither bis Majesty's proctor, nor any nominated proctor, is answerable for any damages arising to their parents respectively, from non appearance in their behalf in the Court of Appeal, unless such proctor shall have accepted the said nomination by a writing under his hand; and, also, unless the said parties shall have sufficiently instructed him to appear and defend the appeal. Where, however, no appeal has been entered in the manner, and within the time above specified, it shall be deemed sufficient service upon the parties, if the process be served either upon the commander of the king's ship, or upon his registered agent in this kingdom, or upon his Majesty's law-officer in the Court below; or in cases of captures by privateers, if such process be served upon the commander of the privateer, or upon any or either of the sureties to the letters of marque.‡