[COLONIAL COURT OF ADMIRALTY.]

1940     Present: Moseley S.P.J.

In re M.V. " MARO Y ".



In Prize No. 5 of 1940.

Writ-Condemnation of cargo as lawful prize-Application for amendment of writ.

The writ issued in this case asked for the condemnation of the cargo as good and lawful prize. In order to bring the cargo within the ambit of a certain Order-in-Council, the Attorney-General moved to amend the writ by describing the cargo as " required to be discharged at the said port" and by adding to the claim a prayer for an order for the " detention and/or sale of the cargo ".

The motion was opposed on the ground that the Prize Court Rules of 1939, did not contain any provision for the amendment of a writ.

Held, that the amendment should be allowed.

THIS was an application for condemnation of certain cargo in a ship as good and lawful prize.

J. W. R. Illangakoon, K.C., A.-G. (with him M. Pulle, C.C.), for the Crown.

H. V. Perera, K.C. (with him M. Afanikauosagar), for the Master.

E. F. N. Gratiaen, for the shippers.

Cur. adv. vult

October 31, 1940. MOSELEY J.-

The writ in this cause is in the form prescribed for the condemnation of a ship by Order II., rule 5, of the Prize Court Rules, 1939. The term " ship " it should be stated, includes " cargo ". The writ merely asks for the condemnation of the cargo as good and lawful prize and as droits and perquisites of His Majesty.

It is claimed on behalf of the Master of the ship that the goods in question are not contraband. Assuming this to be so, it is contended by the Attorney-General that the goods are enemy property and as such are liable to the provisions of the Order-in-Council, dated November 27, 1939, framing reprisals for restricting German commerce. Article 2 of the Order provides that any vessel, which has on board goods which are enemy property, may be required to discharge such goods in a British port. Article 3 provides that such goods shall be sold or detained under the direction of the Court. By article 4 the law and practice to be followed in cases arising under the Order is the law and practice in Prize. It should be noted that the relevant articles of this Order, and particularly those referred to above, follow closely the provisions of the Reprisals Order-in-Council of March 11, 1915.

It is now sought, in order that the cargo may be brought within the ambit of the Order of November 27, 1939, to amend the writ by, describing the cargo as " required to be discharged at the said port", i.e., Colombo, and by adding to the claim for condemnation a prayer for an order for the " detention and/or sale of the cargo ". The motion sets out the manner in which it i