Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
crown is thus distinctly asserted.
Perhaps the best exposition of the present rules for the conduct of
prizes and the distribution of the proceeds from them is contained in
the instructions to naval officers which have been authoritatively
issued in England, based on the statutes and orders mentioned.
Such a code was prepared by Mr. Godfrey Lushington in 1866[6] and
revised by Prof. T. E. Holland in 1888.[7] It contains the following
provisions[8] bearing on bounty, prize salvage and prize money.
"247--When any ship or vessel shall be captured or detained her
hatches are to be securely fastened and sealed and her lading and
furniture and in general everything on board are to be carefully
secured from embezzlement. The officers placed in charge of her shall
prevent anything from being taken out of her until she has been tried
and sentence shall have been passed on her in a court of prize.
"250--If any ship or vessel shall be taken acting as a ship of war
or privateer without having a commission duly authorizing her to do
so, a full report of all particulars is at once to be made to the
admiralty.
"252--The ship to which a prize strikes her flag is the actual
captor. Other ships may be held by the prize court to share as joint
captors on the ground either of association or cooperation with the
actual captor.
"253--If ships are associated or cooperating together a capture made
by one enures to the benefit of all.
"255--Ships being in sight of the prize as also of the captor under
circumstances to cause intimidation to the prize and encouragement
to the captor are held to be cooperating with the actual captor.
"259--In the case of captures made jointly by British and allied
ships of war the duties of the respective commanders are usually
regulated by treaty.
"263--Upon adjudication the prize court will order the vessel and
cargo to be restored to their respective owners upon payment by them
of prize salvage.
"266--The prize salvage which will be awarded to the recaptors for
the recapture of any British vessel before she has been carried into
an enemy's port is one-eighth part of the value of the prize or in
case the recapture has been made under circumstances of special
difficulty or danger a sum not exceeding one-fourth part of the value.
"267--If however the vessel has before her recapture been set forth
or used by the enemy as a ship of war, then upon recapture the
original owner is not entitled to restitution, but both vessel and
cargo will be condemned as lawful prize to the recaptor.
"269--It may happen that an enemy vessel which has been captured by a
British cruiser is afterwards lost to an enemy's cruiser and finally
recaptured by another British cruiser. The commander effecting such a
recapture should send in the vessel for adjudication and the original
captors are not entitled to restitution, but both vessel and cargo
would be condemned as lawful prize to the recaptors.
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account