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The venue of the trial was chosen in the Supreme Court of Canada, which is the most serious place in Canada to deal with international legal disputes, the courtroom scene is wide and magnificent, the front is a slippery judge, the decoration style is more solemn and solemn, the color is mainly dark, and people subconsciously respect after entering the courtroom.

Facing the judge, there are two horn areas, naturally one is the defendant and the other is the plaintiff, Qin Shiou stood in the defendant's dock, Auerbach sat behind him with four lawyers, he turned his head to look at the side, a middle-aged Spanish man stood in the defendant's seat, and five lawyers followed.

After that, although the court was in the Supreme Court to deal with international legal disputes, the process was no different from the cases that Qin Shiou had participated in in St. John's before, and he also hoped to be accompanied by a court comfort dog, but it is a pity that the Supreme Court did not adopt the comfort dog system, believing that it would obstruct judicial fairness......

Qin Shiou thought that Spain would arrange for their Minister of Culture to be the plaintiff, but it turned out that there was only a person in charge of a historical and cultural protection organization, which made him feel very contemptuous, and turned back to Auerbach and whispered: "Dad, they look down on us, them hard!" ”

The old man was drinking water to moisten his throat, preparing for the tough battle that would start later, and after listening to Qin Shiou's words, he almost squirted out the water he drank, but he was reluctant to criticize Qin Shiou, so he signaled him not to open his mouth with a stern gaze.

After the judge read out the case, the plaintiffs then made submissions, but instead of directly stating the ownership of the shipwreck treasure, they attacked the inaction of the Canadian courts. Asked why the court did not seize the treasure of the wreck, or arranged for the small fish deep-sea wreck salvage company to supervise it.

The lawyer over there is also very good. As soon as he opened his mouth, he said: "We have the right to believe that the court's actions in the handling of this international affairs are subject to debate. As required by law. After a party initiates an action in rem, the court should first issue an attachment order against the subject of the lawsuit to ensure that the subject matter of the lawsuit is under the control of the court. ”

This is the case in the laws of various countries, and it is a mandatory procedure for a judge to issue a pre-trial seizure order in rem proceedings. Only then will the proceedings in rem be meaningful. Otherwise, the object as the defendant is in a state of flux, and the goal of the lawsuit in rem will not be achieved.

This matter has nothing to do with Qin Shiou's side, the Spaniards are suing the court. Therefore, the judge replied slowly: "Only when the court can exercise exclusive control over the property in question does it have the power to adjudicate on the ownership of the property." In this case, the court was unable to determine the nature of the work of the Black Axe pirate ship, so there was no legal basis for the arrest of the wreck. ”

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

So he felt that this was an opportunity to attack the Spaniards, and turned around and whispered to Auerbach: "The Spaniards are doubting the justice of justice, do you want to give him a moment?" ”

Auerbach's face was solemn, and he leaned forward and whispered, "It's not an obstruction of justice, it's a small trick in a court encounter." It was to warn the court to impose a penalty in the back of the sentence to remain fair and leave him alone. ”

The Spanish lawyer also wanted to bite this point to challenge the justice of the Supreme Court of Canada, and Auerbach began to intervene, saying: "According to the provisions of the maritime law and the salvage law." When the object of litigation includes, but is not limited to, the ship and the cargo it carries, in order to arrest the object of the litigation, it is necessary that the object of litigation is either physically located within the jurisdiction of the court. Either it is within the jurisdiction of the court. And the Black Axe Pirate shipwreck, both actual and presumptive. are not located within the jurisdiction of Canadian courts, so they do not have the power of seizure. ”

In accordance with the laws of Canada. Litigation in rem relies on the sovereignty of the State over a piece of property, but when the property is located outside the territory, such territorial sovereignty-based jurisdiction of the State does not exist. Exclusive and exclusive jurisdiction cannot be exercised over persons or property. In other words, the jurisdiction of the State over persons and property located abroad is limited at this time. Thus, if jurisdiction over property is to be exercised in rem, it is necessary to bring the property within the territory of the State.

The Mercedes shipwreck salvaged by Osside suffered this loss, because the Mercedes is a large warship with more treasures on board, and the Osside company was salvaged by classification and sent back to the United States while salvage.

Thus, when Spain filed a lawsuit against Osside, the United States Supreme Court would be able to directly seize the wreck under the principle of presumption of jurisdiction.

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

This principle of presumption of jurisdiction is a legal provision specifically formulated for the salvage of shipwrecks, which was born from the salvage of the wreck of the Titanic. At that time, it was almost unthinkable that a sunken ship like the Titanic would be completely salvaged and transported to the United States, but the rights of salvage people to salvage the remnants could not be ignored by justice. In such a case, the United States courts would recognize the shipment of part of the salvage to the territory of the United States, thereby establishing an inextricable link with the remaining salvage and making it a common object of rem action.

In other words, in the case of shipwreck treasures, as long as a part of the sunken treasures is transported to the place of court jurisdiction, then the court considers that they have jurisdiction over all the sunken treasures.

Following this guideline, when Odyssey shipped some of the components of the wreck to U.S. territory, it meant that the entire Mercedes wreck was under the presumed jurisdiction of U.S. courts.

In this case, the Federal District Court for the District of Tampa, where the wreck was held, issued a seizure order not only for the items that had been salvaged and sent to the United States, but also for the Mercedes and its appendages that had not yet been salvaged and were still in the international seabed area. Once these seabed items are recovered into the United States, they will be seized directly by the United States courts.

This is not the case with the salvage of the Black Axe Pirate wreck, the treasure in the wreck is not much, and 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 part of it and transport part of it.

Of course, in fact, some of the Shen Bao was transported to the shore, and Qin Shiou and Little Black brought it back when they went to visit the shipwreck salvage site before, but at that time they only brought samples and a set of British longbows, which were secretly brought back, and no one knew. Billy did not address the matter at a press conference on the salvage of the wreck, which the court could not take advantage of. (To be continued.) )