An Act to provide for a prize Court and prize law in Canada
Marginal note:Short title
- R.S., 1952, c. 28, s. 1.
2. In this Act "ship" includes vessel and boat, with the tackle, furniture and apparel of the ship, vessel or boat, and other words and expressions have the same meaning as in the Admiralty Act.
- R.S., 1952, c. 28, s. 2.
Marginal note:Federal Court jurisdiction
3. (1) The Federal Court of Canada has and shall exercise, subject to this Act, jurisdiction in all matters of prize in Canada.
(2) [Repealed, R.S., 1970, c. 10(2nd Supp.), s. 65]
(3) The Minister of Justice may, from time to time by notice published in the Canada Gazette, designate by name or office, the persons who may act as registrars, marshals or other officers of the Court in the exercise of its prize jurisdiction.
- R.S., 1970, c. P-24, s. 3;
- R.S., 1970, c. 10(2nd Supp.), s. 65.
4. [Repealed, R.S., 1970, c. 10(2nd Supp.), s. 65]
PRIZE LAW OF CANADA
Marginal note:Prize jurisdiction
5. (1) The Court shall, subject to this section, take cognizance of and judicially proceed upon all, and all manner of, captures, seizures, prizes and reprisals made under the authority of Her Majesty in right of Canada of all ships, aircraft or goods, and shall hear and determine the same and, according to the Course of Admiralty and the Law of Nations, adjudge and condemn all such ships, aircraft or goods as belong to any enemy country or the citizens or subjects thereof or any other persons inhabiting any of the countries, territories or dominions of any enemy country or that are otherwise condemnable as prize.
Marginal note:Exercise of prize jurisdiction
(2) Subject to any orders or regulations made under this Act and until otherwise provided by or pursuant to any other Act of the Parliament of Canada, all Acts enacted by the Parliament of the United Kingdom, and all orders, regulations or rules made pursuant thereto, in force in the United Kingdom on the 10th day of September 1939, in respect of ships, aircraft or goods taken as prize under the authority of Her Majesty in right of the United Kingdom and within or brought within the United Kingdom or the territorial waters thereof, and in respect of all matters relating to the taking thereof, or otherwise with regard thereto as prize, shall apply in, and be the law of Canada, mutatis mutandis, in respect of ships, aircraft or goods taken as prize under the authority of Her Majesty in right of Canada, and within or brought within Canada or the territorial waters thereof, and in respect of all matters relating to the taking thereof, or otherwise with regard thereto as prize; and, subject as aforesaid, the Court shall exercise its prize jurisdiction in respect of the like persons, matters and things and in a like manner and with a like authority and to as full an extent in respect of such last-mentioned ships, aircraft or goods as the High Court of Justice in England might on the said date exercise its prize jurisdiction in respect of such first-mentioned ships, aircraft or goods.
- R.S., 1952, c. 28, s. 5.
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