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New Zealand Legislation: Acts

Acts are laws made by Parliament

Naval Prize Act 1864

Imperial Act
Date of assent	23 June 1864

Note

New Zealand Parliamentary Library, International Documents Collection

Contents

Preamble

2 Interpretation of terms

3 High Court of Admiralty and other Courts to be Prize Courts for purposes of Act

High Court of Admiralty

4 Jurisdiction of High Court of Admiralty

Appeal; Judicial Committee

5 Appeal to Queen in Council, in what cases

6 Jurisdiction of Judicial Committee in Prize Appeals

7 Custody of processes, papers, etc [Repealed]

8 Limit of time for appeal [Repealed]

Vice-Admiralty Prize Courts

9 Enforcement of orders of High Court, etc

10 Salaries of Judges of Vice-Admiralty Prize Courts

11 Retiring pensions of Judges, as in 22 & 23 Vict c 26

12 Returns from Vice-Admiralty Prize Courts

13 General orders for Prize Courts

14 Prohibition of officer of Prize Court acting as Proctor, etc

15 Prohibition of Proctors being concerned for adverse parties in a cause

II
Procedure in Prize Causes

Proceedings by Captors

16 Custody of Prize ship

17 Bringing in of ship papers

18 Issue of monition [Repealed]

19 Examinations on standing interrogatories [Repealed]

20 Adjudication by Court [Repealed]

21 Further proof [Repealed]

22 Custody, etc of ships of war [Repealed]

23 Entry of claim; security for costs [Repealed]

24 Power to Court to direct appraisement [Repealed]

Delivery on Bail

25 Power to Court to direct delivery to claimant on bail [Repealed]

26 Power to Court to order sale [Repealed]

27 Sale on condemnation [Repealed]

28 How sales to be made [Repealed]

29 Payment of proceeds to Paymaster General or official accountant [Repealed]

Small armed ships

30 One adjudication as to several small ships

31 Application of foregoing provisions to Prize Goods

Monition to Captors to proceed

32 Power to Court to call on captors to proceed to adjudication [Repealed]

Claim on Appeal

33 Person intervening on appeal to enter claim [Repealed]

III
Special cases of capture

Land Expeditions

34 Jurisdiction of Prize Court in case of capture in land expedition

Conjunct Capture with Ally

35 Jurisdiction of Prize Court in case of expedition with ally

36 Restriction on petitions by asserted joint captors [Repealed]

Offences against Law of Prize

37 In case of offence by captors, Prize to be reserved for Crown

38 Purchase by Admiralty for public service of stores on board foreign ships

Capture by Ship other than a Ship of War

39 Prizes taken by ships other than ships of war to be Droits of Admiralty

IV
Prize salvage

40 Salvage to re-captors of British ship or goods from enemy

41 Permission to re-captured ship to proceed on voyage

42 Prize bounty to officers and crew present at engagement with an enemy

43 Ascertainment of amount of Prize Bounty by decree of Prize Court

44 Payment of Prize Bounty awarded

VI
Miscellaneous provisions

45 Power for regulating ransom by Order in Council

46 Punishment of masters of merchant vessels under convoy disobeying orders or deserting convoy

Customs Duties and Regulations

47 Prize ships and goods liable to duties and forfeiture

48 Regulations of Customs to be observed as to Prize ships and goods

48A Amendment of Act in relation to aircraft

49 Power for Treasury to remit Customs Duties in certain cases

50 Punishment of persons guilty of perjury

Limitation of actions, etc

51 Actions against persons executing Act not to be brought without notice, etc

Petitions of Right

52 Jurisdiction of High Court of Admiralty on Petitions of Right in certain cases, as in 23 & 24 Vict c 34

Orders in Council

53 Power to make orders in Council

54 Order in Council to be gazetted, etc

55 Not to affect rights of Crown; effect of treaties, etc

56 Commencement of Act

An Act for regulating Naval Prize of War.

Preamble
WHEREAS it is expedient to enact permanently, with amendments, such provisions concerning Naval Prize, and matters connected therewith, as have heretofore been usually passed at the beginning of a war:

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: