"ملف 28/2 الحرب. الاختصاص القضائي للسفن المغتنمة في دول الخليج العربي" [ظ‎‎٤‎٢] (٢٩٢/٨٤)

74
(or if there is a separate claim for cargo, and of C.D., claimant of the cargo
of the said ship (aircraft) ), and the evidence thereon, and counsel for
(insert the names and descriptions of the parties heard), and having been
assisted by (here state names and descriptions of assessors, if any), rejected
the said claim (or claims), pronounced the said ship (aircraft) (and
the said cargo) (or the said cargo) to have belonged at the time of capture
and seizure thereof to enemies of the Crown, and, as such or otherwise,
subject and liable to confiscation, and condemned the same (if, on con
demnation of ship (aircraft) alone, freight is due, add as also the freight
due for the transportation of the cargo lately laden therein) as good and
lawful prize, and as taken by His Majesty’s ship (aircraft)
, commander, and ordered the said ship (aircraft) ,
to be appraised and sold by the marshal (or if both ship and cargo, or air
craft and cargo, or cargo alone, ordered the said cargo to be unladen and
appraised and sold by the marshal), (and if the Judge should give the
claimants their costs and expenses, add) but directed the costs and expenses
of the claimants to be paid out of the proceeds of such sale of ship
(aircraft) (or cargo), and referred such costs and expenses to the registrar
to ascertain the amount thereof.
O xxvm. (ii) for Detention.
(Commencement as in Form (i).)
The President (or Judge) having heard the claim of A.B., claimant of
the said ship (aircraft) (and of the cargo thereof) (or as the case may be),
and the evidence thereon, and counsel for the Crown and (insert the name
and description of the claimant heard), pronounced the said ship (aircraft)
(and the said cargo) (or as the case may be)
to have belonged at the time of seizure to enemies of the Crown and to
have been seized under such circumstances as to be entitled to detention
in lieu of confiscation, and ordered the said ship (aircraft) and cargo to
be detained by the Marshal until further order is issued by the Court.
O. xv. r 8. (hi) On Condemnation by Default.
(Commencement as in Form (i).)
The President (or Judge) having heard the evidence and counsel for
the (Crown or) captors, in default of appearance and claim of (insert
owners of ship, aircraft, or as the case may be), pronounced, &c. (adapt
Form (i)).
O. xxvm. (iv) For Detention on Condemnation by Default.
(Commencement as in Form (i).)
The President (or Judge) having heard the evidence and counsel for
the Crown, in default of appearance and claim of (insert owners of ship
(aircraft) or as the case may be) pronounced the said ship (aircraft) to have
belonged at the time of seizure &c. (as in Form (ii)).
tv) On Condemnation of a Ship of War or a Military Aircraft.
(Commencement as in Form (i).)
The President (or Judge) having heard the evidence and counsel for
the Crown (or captors), in default of appearance and claim pronounced the
said ship (aircraft) to have belonged at the time of capture
and seizure to enemies of the Crown, and, as such or otherwise, subject
and liable to confiscation, as having been a ship of war (or military air-