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68i

§ 874.

Court of Justice. As this potential claim has been brought to their Lordships' attention, they think that under any order of release the res should not be removed out of British territory for a reasonable time, lest otherwise the Treaty right might be defeated; but they see no' reason for delaying the grant of a decree for release, since no ground remains for oontinuing the responsibilities of the Prize Court or prolonging its possession. The right course wül be to release the res physicaüy to the Pubhc Trustee as Custodian of enemy property, or to such other officer as may be discharging such duties, to be retained by him for a reasonable time free of expense to the claimants, say, for six months, in order that the Crown may have-the opportunity of commencing proceedings if so advised, and in that case further untü the final deterrnination of those proceedings, but in any other case to be thereafter forthwith delivered up to the claimants.

In the result the appeals succeed with costs; the decrees of condemnation should be set aside; the matter should be remitted to the Prize Court to make such orders as may be necessary for the appraisement of the Blonde and the Hercules, and to make a decree releasing those appraised values and the Prosper in specie to the Custodian of enemy property to be delivered up to the claimants, if after the lapse of six months no proceedings have been begun for an order for delivery up to the Crown, but otherwise to abide the final deterrnination ot such proceedings." § 874. La Cour des prises pour 1'Afrique du Sud (Cape Town) a discuté en termes exprès la question de savoir qui doit supporter les frais de la détention des navires et des chargements protégés par la Convention VI de la Haye et queües mesures le belligérant est en droit de prendre a eet égard par rapport aux objets détenus.

Part cargo ex Apólda (47): „The question of the cost of détention of ships and goods is becoming very acute. Here are ships lying in the bay

on which crews have to be placed and there is no money to pay the

expenses The other day the cargo of one of these ships caught

aüght and the ship was brought in, and expenses incurred in putting the fbe out. I then ordered cargo to be sold to pay the expenses, though I do not know if I had authority to do so. — No provision was made in the Hague Convention as to where the money was to come from for the payment of expenses incurred in consequence of the détention of goods. No doubt in theory the enemy owner is responsible therefore, but it is perfectly obvious that it is impossible to get any money from him while the expenses were being incurred, and as the war may last some considerable time, it may be quite impossible at the end of the war to recover the expenses from the owner of the goods. In the present case the goods are of such a nature that they certainly wül

not improve with time Therefore, although the rules do not seem to

give any power to the Court to seü these goods, it is to the interest of all concerned that the goods should be sold and the Coutt wül accordingly take that course."

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