International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
History
International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
(3) If any person ransoms or enters into any contract or agreement
for ransoming any ship or goods, in contravention of any such
Order in Council, he shall for every such offence be liable to be
proceeded against in the High Court at the suit of His Majesty in
his office of Admiralty, and on conviction to be fined, in the
discretion of the Court, any sum not exceeding five hundred
pounds.]
[Footnote 395: See Hall, § 151, p. 479:--"The English Courts refuse to
accept such arrangements (for ransom) from the effect of the rule that
the character of an alien enemy carries with it a disability to sue, and
compel payment of the debt indirectly through an action brought by the
imprisoned hostage for the recovery of his freedom." The American
Courts, in contradistinction to the British, recognise ransom bills. See
on the one hand, the case of _Cornu_ v. _Blackburne_ (1781), 2 Douglas,
640, _Anthon_ v. _Fisher_ (1782), 2 Douglas, 649 note, the _Hoop_, 1 C.
Rob. 201; and, on the other, _Goodrich_ and _De Forest_ v. _Gordon_
(1818), 15 Johnson, 6.]
[Footnote 396: The matter of ransom is treated with great lucidity by
Twiss, II. §§ 180-183; Boeck, Nos. 257-267; Dupuis, Nos. 269-277.]
[Sidenote: Loss of Prize, especially Recapture.]
§ 196. A prize is lost--(1) when the captor intentionally abandons her,
(2) when she escapes through being rescued by her own crew, or (3) when
she is recaptured. Just as through capture the prize becomes, according
to International Law, the property of the belligerent whose forces made
the capture, provided a Prize Court confirms the capture, so such
property is lost when the prize vessel becomes abandoned, or escapes, or
is recaptured. And it seems to be obvious, and everywhere recognised by
Municipal Law, that as soon as a captured enemy merchantman succeeds in
escaping, the proprietorship of the former owners revives _ipso facto_.
But the case is different when a captured vessel, whose crew has been
taken on board the capturing vessel, is abandoned and afterwards met and
taken possession of by a neutral vessel or by a vessel of her home
State. It is certainly not for International Law to determine whether or
not the original proprietorship revives through abandonment. This is a
matter for Municipal Law. The case of recapture is different from
escape. Here too Municipal Law has to determine whether or no the former
proprietorship revives, since International Law lays down the rule only
that recapture takes the vessel out of the property of the enemy and
brings her into the property of the belligerent whose forces made the
recapture. Municipal Law of the individual States has settled the matter
in different ways. Thus, Great Britain, by section 40 of the Naval Prize
Act, 1864, enacted that the recaptured vessel, except when she has been
used by the captor as a ship of war, shall be restored to her former
owner on his paying one-eighth to one-fourth, as the Prize Court may
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account