CO885-(26N14) — Page 55

Reference :-

885/26

APPENDIX A.--REPORTS.

9

it the Oversea Governments have no interest, as of right, ings of prize, whether Droit of the Crown or Droit of Admiralty. as set out below, being drawn up on this basis, must consequently le to modification, according to the circumstances, if it should that Oversea Governments have an interest in the corpus or

of cost of telegrams in connexion with matters of prize.

for a moment the case of telegrams which might be charged to ad, the Committee consider that no action is necessary in regard ched by Departments of His Majesty's Government, since the would be on the Imperial Exchequer however distributed between nents. Similar considerations apply in the case of telegrams sentatives of His Majesty in foreign countries.

d to the cost of telegrams despatched by Oversea Governments, nmend that, in the absence of special circumstances, reimburse- le from the Imperial Exchequer in cases where claims are nmittee understand that a few claims have already been made it they do not anticipate that many of the Oversea Governments

1 respect of expenditure on telegrams.

1 to the possible recovery from the Naval Prize Fund, both as om and to this country, the Committee take the view that the pon a detailed investigation, prove to be properly attributable Fund would be only a small proportion of the total in each justify the considerable labour and expense which would be ration of an account.

f printing reports of Prize Court proceedings.

rinted reports only are mentioned in the reference, the Com- ude in their recommendation the incidence of the cost of the of Court Orders which have been forwarded to this country. tee understand that the reports or sets of Orders have been come of requests by His Majesty's Government, and this being nsider that expenditure in connexion therewith should, where rd, be refunded to the Oversea Governments from the Imperial 9 of Orders seem to have been prepared directly for the benefit f His Majesty's Government, and the number of copies which ents have been asked to supply of the printed reports suggest re desired for circulation to oversen territories in which Prize

tablished as well as to the interested Departments of His

t.

tee do not consider that any Departmental adjustment need be

e cost of reports printed in this country..

In the preparation of evidence in the United Kingdom for

behalf of the Crown in Oversea Prize Courts.

under this head prima facie represents legal expenses which, th Droits of the Crown, are specially excepted by the Naval ʼn being a charge upon the Naval Prize Fund. The expendi-

1 a view to establishing the Crown's claim to Prize, and as y the Imperial Exchequer.

connexion with the examination of vessels released without rubject of Prize Court proceedings, including the cost of tody of cargo therefrom.

tee are of opinion that, inasmuch as the orders for the deten- of ships or cargoes at oversea ports have emanated from His t, it follows that all expenditure in this connexion. when le shipowner before clearance is granted or recoverable sub- oceeds of sale of any cargo detained, should be borne by His t and not by the Oversea Government. This would extend ding any sums awarded as damages) resulting from actions hers claiming compensation for demurrage, etc.

56

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH—NOT TO

10

APPENDIX A.-REPORTS.

Port, harbour, and light dues.

11. It is considered that dues incurred on ships brought in for examination and released without being proceeded against in the Prize Court should be treated as part of the expenses of examination (see preceding paragraph). Dues incurred on vessels delivered to the Marshal of a Prize Court would seem to be properly treated as expenses of maintenance, and as such will be covered by the recommenda- tions under paragraph 12 or 13, as the case may be.

Expenses incurred by Oversea Governments in connexion with vessels or cargoes taken as prize and subsequently released by Order of the Prize Court. 12. Part II (i) of the Schedule to the Naval Prize Act, 1918, expressly pro- vides for such expenses (other than legal expenses) to be a charge upon the Naval Prize Fund in the case of ships and goods which are Droits of the Crown, or which if condemned would have been Droits of the Crown, except where, having regard to special circumstances, the Tribunal may otherwise direct. The Committee recom- mend that His Majesty's Government should refund to the Oversea Governments the legal and other expenses in the cases under discussion, whether such charges are in respect of Droits of the Crown or Droits of Admiralty, leaving it to His Majesty's Government to arrange any necessary adjustment with the Naval Prize Fund, when established.

Expenditure in connexion with the maintenance and employment of prize and detained ships or cargoes.

13. It is thought that this matter might be conveniently divided into three parts:-

(a) Expenses of maintenance of messels.In the case of Droits of the Crown expenses under this head up to the date of the delivery of the ship under requisition (where the ship had been requisitioned prior to condemnation), or up to the date of delivery of the ship to the Crown after condemnation, are made by the Naval Prize Act, 1918, charges upon the Naval Prize Fund, and the Committee consider that His Majesty's Government should assume the corresponding liability in connexion with Droits of Admiralty, as well as in respect of Droits of the Crown in any instances where the Naval Prize Fund is relieved of a charge by virtue of a ruling of the Tribunal. Expenses of main- tenance after requisition or delivery to the Crown will fall within the recommendation in head (c) below.

With regard to enemy vessels sentenced to detention, it would seem that the decision reached in the case of Droits of Admiralty will apply. on the assumption that none of the detained ships are

returned to the enemy owners. Since these ships, or their value if in the custody of the Prize they have been requisitioned, are Court, they cannot be finally dealt with except by Order of the Court. If any such ship is returned the question of the expenses to be allowed to the Crown would therefore become a matter for the decision of the Prize Court unless expressly dealt with in the Treaty of Peace or by special arrangement.

(b) Expenses of maintenance of cargoes. As regards cargo condemned as prize, it is considered that the allocation of expenses should follow the same lines as laid down for ships condemned as prize.

In the case of cargo sentenced to detention, either under the Blockade Orders in Council or as cargo claiming the beneft of the Sixth Hague Convention, inasmuch as the cargo, or the proceeds thereof or undertaking therefor if the cargo has been sold or requisi tioned, remain in the custody of the Prize Court, it follows that no release could be obtained without an Order by the Court. When the appropriate time arrives the Committee consider that the Crown might well ask for reimbursement of all expenses as a condition of release. (c) Expenses in connexion with the employment of prize and detained ships. -It is thought that expenses under this head should be charged to the authority controlling the ship at the material time.

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