Jurisdiction of High Court of Admiralty on petitions of right in certain cases, as in 23 & 24 Vict. c. 34. Power to make Orders in Council. Order in Council to be gazetted, &c. Not to affect rights of Crown; effect of treaties, &c. Any such action or proceeding against any person in her Majesty's naval service, or in the employment of the Lords of the Admiralty, shall not be brought or instituted elsewhere than in the United Kingdom. Petitions of Right. 52. A petition of right, under the Petitions of Right Act, 1860, may, if the suppliant thinks fit, be intituled in the High Court of Admiralty, in case the subject-matter of the petition or any material part thereof arises out of the exercise of any belligerent right on behalf of the Crown, or would be cogniz able in a Prize Court within her Majesty's dominions if the same were a matter in dispute between private persons. Any petition of right under the last-mentioned Act, whether intituled in the High Court of Admiralty or not, may be prosecuted in that Court, if the Lord Chancellor thinks fit so to direct. The provisions of this Act relative to appeal, and to the framing and approval of general orders for regulating the procedure and practice of the High Court of Admiralty, shall extend to the case of any such petition of right intituled or directed to be prosecuted in that Court; and, subject thereto, all the provisions of the Petitions of Right Act, 1860, shall apply, mutatis mutandis, in the case of any such petition of right; and for the purposes of the present section the terms "Court" and "judge" in that Act shall respectively be understood to include and to mean the High Court of Admiralty and the judge thereof, and other terms shall have the respective meanings given to them in that Act. Orders in Council. 53. Her Majesty in Council may from time to time make such Orders in Council as seem meet for the better execution of this Act. 54. Every Order in Council under this Act shall be published in the London Gazette, and shall be laid before both Houses of Parliament within thirty days after the making thereof, if Parliament is then sitting, and, if not, then within thirty days after the next meeting of Parliament. Savings. 55. Nothing in this Act shall (1.) give to the officers and crew of any of her Majesty's ships of war any right or claim in or to any ship or goods taken as prize or the proceeds thereof, it being the intent of this Act that such officers and crews (2.) affect the operation of any existing treaty or convention (3.) take away or abridge the power of the Crown to enter (5.) take away, abridge, or control, further or otherwise than Commencement. 56. This Act shall commence on the commencement of the CommenceNaval Agency and Distribution Act, 1864. ment of Act. GENERAL INDEX. ABANDONMENT. [Vide sub CAPTURE; EMBARGO; FREIGHT; PREEMPTION; &c.] ACT OF GOD, 414. ADJUDICATION. [Vide also CONDEMNATION; PRIZE.] The subject generally, 316. Court of ally of captor has no jurisdiction, 316. Prize court may sit in territory of ally, 316. Prize lying within territory of ally, 317. Prize cannot be condemned whilst within neutral jurisdiction, 62, 317. Neutral ports now closed to prizes, 317. To what port prize to be brought, 318. Peace cures defective title to prize purchased, 318. When prize Droit of Admiralty, 136, 319. Law of nations followed; not municipal law, 320. May be demanded by neutrals, though prize lost or destroyed, 320, 330. Captors must proceed with, 55, 320, 332. Statute of Limitations does not apply, 321. Master can represent claimants, 321. Claim, how to be supported, 322. Time allowed if documents insufficient, 322. Proof lies on claimant, 322. If no proof, delay of year and day, 322. Property not changed till regular condemnation, 322. Allowance for amelioration; defective purchase, 323. Interlocutory sale, 323. Discharge of cargo; expenses of, 59, 323, 334. Jurisdiction of captors' court conclusive, 323, 389. Neutrals have no complaint till adjudication, 324. Neutrals must resort to highest court of appeal, 324. Rules as regards evidence, 325. The responsibility of captors, 57, 58, 64, 67, 330. Neutral property destroyed with belligerent ship, 333. Grounds of foreign condemnation examined by the Court, 389. Weight to be attached to foreign condemnation, 339. ADJUDICATION—continued. Costs and Damages. [Vide also sub CAPTURE.] The award of, 325. The Ostsee case, 325. Indemnification of captors by national government, 65, 328. When allowed, 330, 331. If prize lost or destroyed, 320, 330. Captors' liability after unjustified sale, 330. Damages for personal torts, 330. Vindictive damages, when given, 331. For unreasonable delay, 332. Against non-commissioned captors, 332. Indirect damages; loss of market, &c., 333. Destruction of neutral property with belligerent vessel, 333. Or when misconduct on part of claimaints, 334. When not allowed to claimants, 333. When allowed to captors, 59, 334. Basis of allowance, 334. Expenses of unlivery and warehousing, 59, 323, 334. Private compromise precludes claim for damages, 335. Double charge for fire insurance, 335. Marshal responsible for safety of prize, 335. Excessive charges by marshal, 336. Expenses payable to neutral carrier, 341. Assessment of; Liability for; Interest on, 57–67. Payable out of Freight, 67. Damage by resisting capture, 83, 84. Costs of Discharge, &c. [Vide sub CARGO.] Liability of privateer owners, 94. Insurance, Costs when insurance F. C. and S. or invalidated, 336. Costs in ordinary cases, 336. Services of master and crew re restitution, 337. Costs adjudged against claimant, 337. Whether reasonably incurred, 338. ADMIRALTY COURT, Adjudication by, 319. Responsibility for prize, 335. ADMIRALTY, DROIT OF, 136, 319. AGENT AND PRINCIPAL, 114, 413. ALABAMA, THE Was not a privateer, 28. Case, generally, 364. [Vide sub NEUTRAL RIGHTS, &c.-POLITICAL.] ALLIES must not trade with Enemy, 269, 284. ALLY, Court of, 316. Right of, to grant Licences, 284. |