"ملف 28/2 الحرب. الاختصاص القضائي للسفن المغتنمة في دول الخليج العربي" [ظ‎‎٨‎٤] (٢٩٢/١٦٨)

48
8. There were at the time of such capture no contraband goods on board
the said ship, and no subject of (insert the name of Government at war with
Great Britain) or enemy of Great Britain had at the time of such capture,
or at any other time material to the matters in this cause, any share, right,
title, or interest in the said ship or cargo, or any part thereof.
9. There was no just ground for the capture and bringing in of the said
ship.
The said J.K. prays that the Judge will decree restitution of the said
ship to the said C.D. and E.F., with damages and costs.
[Or, if bail has been given, that the Judge will pronounce that the bail
given on behalf of the said claimants to answer the value of the said ship
(and goods) may be released and discharged, and that the said (insert names
of captors) may be condemned in the damages and costs sustained by and
occasioned to the said claimants by reason of such capture, and bringing
in.]
(Signed) W.X.,
Counsel (or Party).
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Delivered this day of
Answer.
(Heading and Title as in No. 1.)
Answer.
G.H., solicitor for the commander, officers, and crew of His Majesty’s
ship , the captors of the said ship , in answer to the
petition of the claimants, says as follows: —
1. The said ship and her cargo were taken as prize
and brought in for adjudication by the captors under the circumstances
herein-after described.
2. On the day of , His Majesty’s ship
was cruising off , when the said ship came into
sight and was signalled and duly boarded by a boat from the , and
the ship papers and documents and the cargo of the were duly
inspected and examined.
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told,
3. Upon one of the bulkheads, and on one of the boats of the said ship
■ , was found a name (the ), which was not the
present name of the ship, and the name of the port of , which
is in enemy territory, and upon inquiry of the master of the said ship, it
appeared that the said ship immediately prior to the purchase by her
present owners and to the existing war, had been owned by
a firm carrying on business at the said port of , in enemy terri
tory, and that the said master had been in command of the said ship whilst
she belonged to the said firm.
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4. On receiving such information, the captors brought in the said ship
for adjudication upon the suspicion that the sale and transfer of the said
ship to the present alleged owners was not bond fide, and that she still
belonged to her former enemy owners.
5. The transfer and assignment of the said shares in the said ship by
C.D. to the claimant E.F. in the petition alleged took place as therein
alleged, but at the time of such transfer the said C.D. was a member of the
said firm of , carrying on business as aforesaid, and the transfer
and assignment of the said shares was made and executed by the said C.D.
as agent of the said firm, and was a mere colourable and fraudulent transfer
to cover the enemy character of the said ship, and the said ship at the time
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