Concurrence

French law

It is the equality,of rights, or privie lege which several persons have over the same thing; as, for example, the right which two judgment creditors, whose judgments were rendered at the same time, have to be paid out of the proceeds of real estate bound by them. Dict. de Jur. h. t. is the sentence of a court of competent jurisdiction that a ship or vessel taken as a prize on the high seas, was liable to capture, and was properly and legally captured. By the general practice of the law of nations, a sentence of condemnation is, at present, generally deemed _necessary in order to divest the title ofa vessel taken as prize; until this has been done the original owner may regain his property although the ship may have been in possession of the enemy twenty-four hours, or carried infra presidia.

1 Rob. Rep. 134; 3 Rob. Rep. 97, n.; Carth. 423; Chit. Law of Nat. 99, 100; 10 Mod.79; Abb. on Sh. 14; Wesk. on Ins. h. t.; Marsh. on Ins. 402.

A sentence of condemnation is generally binding everywhere.

Marsh. Ins. 402.

The term condemnation is also applied to the sentence which declares a ship to be unfit for service: this sentence and the grounds of it may however be re-examined and litigated by parties interested in disputing it.

5 Esp. N. P. C.65; Abb. on Shipp. 4