CO129-079 - Public Offices - 1860 — Page 63

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed
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either to acquit or

condemn

the same upon the evidence

arising from the preparatory examinations taken on the

said Interrogatories, and upon the papers found,

delivered up, or taken in or with such capture,

or on board any other captured ship regarding

the same, unless it shall appear doubtful

to the Judge whether such capture be lawful

prize or not, and unless it shall appear necessary,

according to the circumstances of the case, for the

clearing and determining such doubt, to have such

further evidence as the said Judge may

deem requisite, having regard to the circumstances of the

case

and the practice of the court, in which case

he shall make such decree for further proof on

the part of any

party applying for the same

as to him

may

seem meet.

44

...

take notice that

they are specially

bound

to proceed

to

condemnation.

On the

The said Judges

shall not

proceed to condemnation for

mere want of a claim, unless there be sufficient

evidence that the property belongs to the Enemy

or

is otherwise liable to condemnation or confiscation

...

62

but in case there be no

such evidence the Judge shall wait

a year and

a day from the return of the monition,

before he proceed to condemnation or confiscation for

the want of

a claim.

3. In case of a decree for further proof

the

Judge

shall order the capture to be appraised by persons

to be appointed by the Court, and

sworn

to

appraise the same according to the best of their

skill and knowledge, and for such purpose the Judge shall cause, if he shall think fit, the

goods found on board to be unladen and, an

Inventory thereof being first taken by the Marshal

or other Officer, the Judge shall cause all such

parts of the Goods

as

are perishable to

be

sold by Public sale (for the clear amount of which only the Captors shall be answerable to the Claimants) and the remainder unsold to be put into proper warehouses with separate locks of

the Collector and Comptroller of the Customs,

and where

there is

no

Collector

or

Comptroller, then of some

indifferent

person appointed by the Judge and agents or persons

employed

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either to acquit orcondemnthe same upon the evidencearising from the preparatory examinations taken on thesaid Interrogatories, and upon the papers found,delivered up, or taken in or with such capture,or on board any other captured ship regardingthe same, unless it shall appear doubtfulto the Judge whether such capture be lawfulprize or not, and unless it shall appear necessary,according to the circumstances of the case, for theclearing and determining such doubt, to have suchfurther evidence as the said Judge maydeem requisite, having regard to the circumstances of thecaseand the practice of the court, in which casehe shall make such decree for further proof on the part of anyparty applying for the sameas to himmayseem meet.44...take notice thatthey are speciallybound to proceedtocondemnation.On theThe said Judgesshall not proceed to condemnation formere want of a claim, unless there be sufficientevidence that the property belongs to the Enemyoris otherwise liable to condemnation or confiscation...62but in case there be nosuch evidence the Judge shall waita year anda day from the return of the monition,before he proceed to condemnation or confiscation forthe want ofa claim. 3. In case of a decree for further prooftheJudgeshall order the capture to be appraised by personsto be appointed by the Court, andsworntoappraise the same according to the best of theirskill and knowledge, and for such purpose the Judge shall cause, if he shall think fit, thegoods found on board to be unladen and, anInventory thereof being first taken by the Marshalor other Officer, the Judge shall cause all suchparts of the Goodsasare perishable tobesold by Public sale (for the clear amount of which only the Captors shall be answerable to the Claimants) and the remainder unsold to be put into proper warehouses with separate locks ofthe Collector and Comptroller of the Customs,and wherethere isnoCollectororComptroller, then of someindifferentperson appointed by the Judge and agents or personsemployed
Baseline (Original)
either to acquit orcondemnthe same upon the evidencearising from the preparatay examinations taken on thesaid Interrogatories, and upon the papers found,delivered up, or taken in or with such capture,or on bowed any other captured ship regardingthe same, unless it shall appear doubtfulto the Judge whether such capture be lawfulprize or not, and unless it shall appear necessary,according to the circumstances of the case, for theclearing and determining such doubt, to have suchfurther evidence as the said ludge mayrequisite. having regard to the circumstances of theand the practice of the court, in which casecaseconsiderhe shall make such decree for further proof ouparty applying for the samethe part of anyas to him.maybeen meet.44ماtake notice that are speciallyanotво proceedticondemnation.on theThe said Judgesthey aremere want of a clain, unless there be sufficiensevidence that the property belongs to the EnemyΟΥis otherwise hable to condemnation or confiscationbeet62such evidence the judge shall waitbut in case there be noa year anda day from the releven of the monition.before he proceed to condemnation or confiscation forthe want ofa clain.3th In case of a decree for further prooftheJudgeshall order the capture to be appraised by pervousto be appointed by the Court, andsworktoappraise the same according to the best of theirskill and knowledge, and for such purpose the Judge shall cause, if he shall thick fil, thegoods found on board to be unladen and, anInventory thereof being first taken by the Marshaor other Officer, the Judge shall cause all suchparts of the Goods.asare perishable tobesold by Public tale ( for the clear amount of which only the Captors thall be answerable to the Claimants) and the remainder unsold to be put into proper warehouses with separate locks ofthe Collector and Comptroller of the Customs,and wherethere isnoColled ororcomptroller, then of some.indifferentperson appointed by the sudge and agents or personsemployed
2026-05-18 20:26:14 · Baseline
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either to acquit or

condemn

the same upon the evidence

arising from the preparatay examinations taken on the

said Interrogatories, and upon the papers found,

delivered up, or taken in or with such capture,

or on bowed any other captured ship regarding

the same, unless it shall appear doubtful

to the Judge whether such capture be lawful

prize or not, and unless it shall appear necessary,

according to the circumstances of the case, for the

clearing and determining such doubt, to have such

further evidence as the said ludge may

requisite. having regard to the circumstances of the

and the practice of the court, in which case

case

consider

he shall make such decree for further proof ou

party applying for the same

the part of any

as to him.

may

been meet.

44

ما

take notice that

are specially

anot

во

proceed

ti

condemnation.

on the

The said Judges

they are

mere want of a clain, unless there be sufficiens

evidence that the property belongs to the Enemy

ΟΥ

is otherwise hable to condemnation or confiscation

beet

62

such evidence the judge shall wait

but in case there be no

a year and

a day from the releven of the monition.

before he proceed to condemnation or confiscation for

the want of

a clain.

3th In case of a decree for further proof

the

Judge

shall order the capture to be appraised by pervous

to be appointed by the Court, and

swork

to

appraise the same according to the best of their

skill and knowledge, and for such purpose the Judge shall cause, if he shall thick fil, the

goods found on board to be unladen and, an

Inventory thereof being first taken by the Marsha

or other Officer, the Judge shall cause all such

parts of the Goods.

as

are perishable to

be

sold by Public tale ( for the clear amount of which only the Captors thall be answerable to the Claimants) and the remainder unsold to be put into proper warehouses with separate locks of

the Collector and Comptroller of the Customs,

and where

there is

no

Colled or

or comptroller, then of some.

indifferent

person appointed by the sudge and agents or persons

employed

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