As soon as the claim is given, copies of the ship's papers and
examinations are procured from the registry, and upon the return of
the monition the cause may be heard. It however seldom happens, owing
to the great pressure of business, (especially at the commencement of
war), that causes can possibly be prepared for hearing immediately on
the expiration of the time for the return of the monition; in that
case, each cause must necessarily take its regular turn. Correspondent
measures must be taken, by the neutral master, if carried within the
jurisdiction of a Vice-Admiralty Court, by giving a claim, supported
by his affidavit, and offering a security for costs, if the claim
should be pronounced grossly fraudulent.
If the claimant be dissatisfied with the sentence, his proctor enters
an appeal in the registry of the Court, where the sentence was given,
or before a notary public (which regularly should be entered within
fourteen days after the sentence); and he afterwards applies at the
registry of the Lords of Appeal in prize causes, which is held at the
same place as the registry of the High Court of Admiralty, for an
instrument called an inhibition, and which should be taken out within
three months, if the sentence be in the High Court of Admiralty; and
within nine months, if in a Vice-Admiralty Court; but may be taken out
at later periods if a reasonable cause can be alleged for the delay
which has intervened. This instrument directs the judge, whose
sentence is appealed from, to proceed no further in the cause; it
directs the registrar to transmit a copy of all proceedings of the
inferior courts; and it directs the party who has obtained the
sentence to appear before the superior tribunal to answer to the
appeal. On applying for the inhibition, security is given on the part
of the appellant to the amount of two hundred pounds, to answer costs,
in case it should appear to the Court of Appeal that the appeal is
vexatious. The inhibition is to be served upon the judge, the
registrar, and the adverse party, and his proctor, by shewing the
instrument under seal, and delivering a note of its contents. If the
party cannot be found, and his proctor will not accept the service,
the instrument is to be served, _viis et modis_; that is, by affixing
it to the door of the last place of residence, or by hanging it on the
pillars of the Royal Exchange. That part of the process above
described, which is to be executed abroad, may
|