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I.

NOTE BY THE SECRETARY.

THE attached correspondence has taken place as the result of the following paragraphs of the Report of the Standing Sub-Committee of the Committee of Imperial Defence regarding the treatment of neutral and enemy merchant ships in time of war (C.I.D. Paper, No. 120-B) :-

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The Jurisdiction of Prize Courts over Vessels detained in Port.

"26. The Sub-Committee have had under consideration the question of the jurisdiction of Prize Courts over enemy merchant vessels detained in port at the outset of a war, in accordance with the general policy recommended in this Report. They consider it desirable that all claims made by owners of vessels or cargo detained should be adjudicated upon by the Prize Court, whether the vessels are subsequently released or sequestrated during the continuance of the war. In order to facilitate the future settlement by a Prize Court of any claims of this nature which might be made, copies of any necessary documents should be obtained from each vessel as a condition precedent to her release, and the Sub-Committee recommend that any necessary additions should be made to the procedure of the Prize Courts in order to give effect to this arrangement.

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27. The Sub-Committee are not qualified, however, to decide the legal question whether the jurisdiction of the British Prize Courts extends to enemy merchant vessels detained as proposed in this Report. They have therefore suggested to the Admiralty that this question should be referred to the Committee appointed by them to prepare the Naval Prize Bill recently introduced into Parliament. This Committee is under- stood now to be engaged in revising the rules of procedure for the Prize Courts. They have also suggested to the Admiralty that, in the event of the jurisdiction of the Prize Courts being found not to extend to these vessels, the Committee should be directed to introduce such amendments into the Bill and to prepare such rules and forms as may be necessary, In the result, therefore, the draft form of Order-in- Council for the granting of days of grace,' which is annexed to this Report (Schedule I), may, in so far as it relates to adjudication by a Prize Court, possibly require revision.

In the event of the above Report being approved by the Committee of Imperial Defence, it is proposed to request the Admiralty to take steps to amend the Naval Prize Bill.

2, Whitehall Gardens, S.W.,

[167]

January 4, 1911.

C. L. O.

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