Page:United States Statutes at Large Volume 58 Part 2.djvu/293

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58 STAT.] CANADA-JURISDICTION OVER PRIZES- My 24, 1943 1213 priated for the use of the United States on the high seas or in such territorial waters, including jurisdiction of all pro- ceedings for the condemnation of such property taken as a prize. (b) Section 3 of the said Act provides that the said jurisdiction of prizes brought into the territorial waters of a cobelligerent shall not be exercised, nor shall prizes be taken or appropriated within such territorial waters for the use of the said United States unless the Government having jurisdiction over such territorial waters consents to the exercise of such jurisdiction or to such taking or appropriation. (c) Section 7 of the said Act provides that a cobelligerent, which consents to the exercise of the said jurisdiction with respect to prizes of the said United States brought into its territorial waters and to the taking or appropriation of such prizes within its territorial waters for the use of the said United States, shall be accorded, upon Proclamation by the President, like privi- leges with respect to prizes captured under authority of such cobelligerent and brought into the territorial waters of the said United States or taken or appropriated in such territorial waters for the use of such cobelligerent and that reciprocal recognition and full faith and credit shall be given to the juris- diction acquired by Courts of a cobelligerent thereunder and to all proceedings had or judgments rendered in the exercise of suAh jurisdiction. (d) The Government of the United Kingdom, a cobelligerent, has consented to the exercise of this jurisdiction with respect to prizes of the United States of America brought in, taken or appropriated within the territorial waters of the United King- dom and Sierra Leone and the United States Government by a proclamation of the President of the United States dated 30th January, 1943, has accorded the United Kingdom Government like privileges with respect to the prizes captured under the authority of the said Government and brought in, taken or ap- propriated in the territorial waters of the said United States. (e) By Order in Council P.C. 2489 of September 5th, 1939, the Ex- chequer Court of Canada on its Admiralty side is constituted and established a Prize Court and is thereby authorized and required to take cognizance of and judicially proceed upon all and all manner of captures, seizures, prizes and reprisals of all ships, vessels and goods. (f) It is expedient and desirable, in view of the close coordination of effort in respect of maritime warfare that exists between the United States of America and Canada that the Dominion of Canada should enter into a reciprocal arrangement with the said United States regarding jurisdiction of all prizes brought into the territorial waters of the other or taken or appropri- ated for their use in such territorial waters.