RELEASE TO GROWN

Evening Post, Volume CXXXII, Issue 89, 11 October 1941, Page 11

RELEASE TO GROWN

THE FINNISH BARQUE

FIRST PRIZE COURT HELD

APPRAISAL OF £8750

An order for the release and delivery to the Crown of the Finnish barque Pamir, which was seized in prize some weeks ago, was made by the Chief Justice (Sir Michael Myers) yesterday at the first Prize Court sitting held in New Zealand. As there has not been final condemnation as prize, the Crown,.under the Prize Court Rules, has filed an undertaking for payment into Court, when required, of the appraised value of the ship, £7000 sterling or £8750 in New Zealand currency. An objection was raised by counsel for the owner of the vessel at the low appraisement value, and the Crown consented to adding to the order for release a provision that if the value were varied to a higher figure the Crown would meet it. Mr. A. E. Currie appeared for the Crown; Mr. Evan Parry for the owner, Captain Erikson, of Mariehamn, Finland, on instructions from Adams and Blyth, Ltd., the Wellington agents; and Mr. J. F. B. Stevenson, for the Wellington Harbour Board. . Mr. Parry questioned whether the correct procedure had been followed by the Crown, submitting that there was no authority given to any Court to requisition a foreign ship unless that ship was found to be a prize. His Honour said that if a ship was condemned a prize nothing further was necessary—the matter was then in the hands of the Crown, without reference to the Court. Mr. Parry said the objection the owner had was that the ship had been valued at an extraordinarily low figure for a vessel of that type, and it was the first opportunity that had been given to come before the Court. Explaining to the Court why final condemnation as prize had not been sought, although thirty days had expired since the issue of the writ, Mr. Currie said that one of the reasons was that although he had prima facie evidence of enemy character for release of the ship he had not yet sufficient material to justify asking the Court to pronounce final condemnation. A belligerent Power had, by. international law, the right to requisition vessels or goods in the custody of its Prize Court, pending a ' decision as to whether they should be condemned or released. A ship could be requisitioned for defence of the realm, for prosecution of the war, and for other reasons, and an affidavit filed showed that the Pamir, because of the dearth of shipping, was needed for trade. His Honour said he could not consider in the present, proceedings the sufficiency of the amount of appraisement —he was bound by that appraisement. . ABUSE ALLEGED. Mr. Parry' submitted that 'the pror ceedings were an abuse of prize procedure. The intention of the procedure was to seize enemy vessels as prizes, but it was provided that if, before the proceedings for: condemnation, a vessel was urgently required by the i Crown it could be requisitioned. All that, however, presupposed that there was a genuine case for condemnation as prize, which should be brought to ! hearing as soon as possible. After the lunch adjournment, Mr. Currie said that Mr. Parry's real objection was to the lowness of the appraisement, and he imagined that Mr. Parry might be able to get it set aside if he were able to show that the appraisors had proceeded on the wrong basis. He had the authority of. the Attorney-General to offer to have included in the Court order an undertaking that if the appraisement were set aside and a higher appraisement substituted the Crown agreed to pay into Court the increased payment. His Honour said he could not see much ground for Mr. Parry's contention '■ that the proceedings were an abuse. In England it was apparently considered that a Danish ship might be a subject for condemnation, and that would apply no less to a Finnish, ship. The question, which might be a serious question, might have to be determined, and the proper time was whenj the suit for condemnation was heard.] He had to assume in the meantime that there was a case which might result in condemnation. There was an affidavit by the proper officer of the Crown J that the ship was urgently required,; and he was bound by that. Mr. Stevenson did not address the Court. He said the Harbour Board was interested in the proceedings because there was some £500 or £600 in dues and charges owing in connection with the Pamir. After counsel had conferred on the draft order, the order for requisition was made. i