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§ 756bis.


release in specie is the right of a claimant, the Court might prove to have disabled itself from making the due decrees, if a mere order for leave to requisition were to operate as a final abandorunent to the Crown."

Pellworm and other vessels (1396), vapeurs allemands capturés dans la mer littorale des Pays-Bas neutres [comp. notamment ci-dessus, § 634] :

„It follows that His Majesty's Government ought to return to the waters of Holland the vessels which survive . .. . It has, however, been contended that there is something in the practice of Comts of Prize in this country with regard to requisitioning for the use of His Majesty of ships which are in the custody of the Court pending theh adjudication in prize, which is at variance with the principles above stated. Their Lordships think that the contention is fallacious .... An order for requisition in itself is not a judgment in rem; it does not purport to change property ; it authorises use and using up — that is, consumption — but it does not make the thing requisitioned a subject of sale. The orders and rules make separate provision for orders for sale, and their Lordships must not be taken to agree with the statement of Sir Henry Duke, P., in the Court below that an order for leave to requisition, although followed by delivery, in itself changes the property. In cases where the law of nations requires the return of a ship in specie, the Court has no authority to defeat its duty in advance, and an order merely as to the use of the ship does not purport to do so. . . . Their Lordships can find nothing .... to restrict the right of the Prize Court to require the return to its Marshal of a requisitioned ship, which is stül in specie, in order that it may decree its release to the claimant Government."

Contrairement a 1'opinion du tribunal d'appel, la com de première instance avait décidé que les navires réquisitionnés étaient passés dans la propriété de 1'Etat et qu'ils ne pouvaient plus être restitués aux anciens propriétaires. Voir le jugement Pellworm and other vessels, n°. 2 (1328) :

„What is next to be determined is whether the orders of the Court authorising the réquisitions which were made by the Crown were effectual to change the property in the ships and cargoes — that is to say, to vest the same in the Crown. That depends upon two things — the intent of the Rules under which the réquisitions were made, and the validity of them in point of international law. Order XXIX provides for permanent and for temporary réquisitions. Having regard to the définition in Order I rule 2, it includes both ships and goods, and the process by which it is carried out is that of „release and delivery" to the agents of the Crown. Requisitioned goods are certainly delivered for consumption. Ships are delivered for purposes which involve certain destruction in some cases — as, for example, sinking in waterways for defensive purposes — and great risk of destruction in most other cases. Looking at