One Thousand Seven Hundred and One. Confrontation Before the Court (Thanks to Oujun One Hundred and Seven and Other Friends for the Reward)

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The location of the trial was the Supreme Court of Canada, which is the most serious place in Canada to deal with international legal disputes. The courtroom is spacious and grand, with a line of judges on the front. The decoration style tends to be solemn and solemn, and the colors are mainly dark. People subconsciously pay respect.

Facing the judge, there are two horns. Naturally, one is the defendant and the other is the plaintiff. Qin Shiou stood in the dock, and Auerbach sat behind him with four lawyers. He turned his head and looked to the side. A Spanish middle-aged man stood In the dock, five lawyers followed.

Afterwards, the court opened. Although international legal disputes were handled in the Supreme Court, the process was no different from those cases Qin Shiou participated in before in St. John's. He also hoped to be accompanied by a court comfort dog. It is a pity that the Supreme Court did not adopt the comfort dog system. deems obstruction of justice...

Qin Shiou thought that Spain would arrange for their Minister of Culture to be the plaintiff, but it turned out that a person in charge of a historical and cultural recognition protection organization came, which made him feel contemptuous, and turned to Auerbach and whispered: "Dad, they This is looking down on us, fuck them hard!"

The old man was drinking water to moisten his throat, and was preparing for the tough battle that would begin later. After hearing what Qin Shiou said, he almost spit out the water he drank, but he was reluctant to criticize Qin Shiou, so he signaled him not to speak with stern eyes.

After the judge read out the facts of the case, the plaintiffs made their statements. However, they did not directly say the ownership of the sunken ship treasure, but attacked the inaction of the Canadian Supreme Court, asking why the court did not seize the sunken ship treasure, or arranged for a small Fish deep sea wreck salvage company to supervise.

The lawyer over there is also very powerful, and he said: "We have the right to believe that the court's handling of international affairs is open to question. According to the law, after the party files a lawsuit in rem, the court should first issue a Seizure order to keep the subject of the suit under the control of the court."

The laws of all countries are like this. In rem litigation, it is a necessary procedure for the judge to issue a pre-litigation seizure order. Only in this way can the subsequent proceedings in rem be meaningful. Otherwise, the object as the defendant is in a state of flow, and the goal of litigation in rem will not be achieved.

This matter has nothing to do with Qin Shiou's side. The Spaniards are suing the court, so the judge replied slowly: "Only when the court can exercise exclusive control over the property involved. Only when the court can exercise exclusive control over the property involved will it have the power to make a judgment on the ownership of the property. In this case, the court cannot determine the nature of the work of the Black Ax pirate ship. Therefore, there is no legal basis for detaining the sunken ship."

Qin Shiou feels that these people in Spain are idiots, why are you attacking the court when you are free? Is this intended to criticize the Canadian judicial system?

So he saw this as an opportunity to attack the Spaniards,

Turning around, he asked Auerbach in a low voice: "The Spaniard is doubting the justice, should you give him a break?"

Auerbach looked serious, and he leaned forward and replied in a low voice: "This is not obstruction of justice, but a trick in the courtroom confrontation. It is a warning to the court to keep the punishments fair and leave him alone."

Spanish lawyers still wanted to use this point to question the judicial fairness of the Supreme Court of Canada. At this time, Auerbach began to take action. He said: "According to the provisions of the Maritime Law and the Salvage Law, when the object of action includes but is not limited to the two situations of the ship and its cargo, to detain the object of action, the object of action needs to be either actually located within the jurisdiction of the court or presumed to be located in the jurisdiction of the court." The jurisdiction of the court. The Black Ax pirate shipwreck, whether actual or constructive, is not within the jurisdiction of the Canadian court. So they have no power of arrest."

According to Canadian law, an action in rem depends on the state's jurisdiction over a certain property, but when the property is located outside the territory, the state's jurisdiction based on territorial sovereignty does not exist. Exclusive and exclusive jurisdiction cannot be exercised, either over persons or over property. In other words, at this time the state's jurisdiction over persons and property located abroad is limited. therefore. To exercise jurisdiction in rem over property, the property must be brought within the national territory.

The sunken Mercedes that was salvaged by Osside suffered this loss, because the Mercedes is a large warship with many treasures on board.

In this way, when Spain filed a lawsuit against the Osaid company. According to the principle of presumed jurisdiction, the U.S. Supreme Court can directly seize the sunken ship.

According to the principle of presumed jurisdiction, as long as the salvager transports part of the salvaged object to the jurisdiction of the court, it can be presumed that the salvaged object as a whole is within the jurisdiction of the court.

This principle of presumed jurisdiction is a legal provision specially formulated for the salvage of sunken ships, which was born in the salvage incident of the sunken ship of Titanic. At that time, it was considered almost unthinkable to completely salvage a sunken ship like the Titanic and transport it to the United States, but the right of salvagers to salvage the leftovers cannot be ignored by the judiciary. Under such circumstances, it is recognized by the U.S. courts to transport part of the salvage to the territory of the United States, thereby establishing an inseparable connection with the remaining salvage, and making it a joint object of action in rem.

That is to say, in the case of shipwreck treasure, as long as part of the sunken treasure is transported to the jurisdiction of the court, the court considers that they have jurisdiction over all the sunken treasure.

Following this principle, when Odyssey shipped some components of the sunken ship to the territory of the United States, it meant that the whole of the sunken Mercedes was under the presumptive jurisdiction of the American courts.

In this case, the Federal District Court of Tampa, where the sunken items are located, not only issued a seizure order for the items that have been salvaged and sent to the United States, but also issued a seizure order for the unsalvaged and still located in the international seabed area. A seizure order was also issued for its ancillary items. Once these seabed items are salvaged into the United States, the US courts will directly seize them.

This is not the case with the salvage of the sunken ship of the Black Ax pirates. There are not many treasures in the sunken ship. The reason why the value is high is because it is well preserved, so Billy and Little Black chose to handle it cautiously at that time, and did not salvage some and ship some.

Of course, in fact, some of the sunken treasures were transported to the shore. Qin Shiou and Little Black brought them back when they visited the salvage site of the sunken ship before, but at that time they only brought samples and a set of British longbows. It was brought back in secret, and no one knew about it. The fact that Billy didn't say anything about it when he called the wreck salvage press conference wasn't available to the court. (To be continued.)