Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
1867.[15] By the Judicature acts of 1873[16] and 1875[17] the High
Court of Admiralty was incorporated into the High Court of Justice
as part of the Probate, Divorce and Admiralty division of that
court. The Supreme court of judicature act of 1891[18] defined the
prize jurisdiction of the High Court.
Beginning with the establishment of a court in Jamaica in 1662[19]
Vice Admiralty courts have been established in most of the colonies
with jurisdiction similar to that of the courts of admiralty
of England. By act of 1832[20] governors of colonies were made
ex-officio vice admirals and the chief justices of the colonial
courts, judges of the courts of vice admiralty. This act was amended
in 1863[21] and in 1867.[22] By the Colonial courts of Admiralty act
of 1890[23] all courts of law in British possessions having unlimited
civil jurisdiction were created courts of admiralty with jurisdiction
equal to that of the Admiralty division of the High court of Justice.
The custom has been to constitute admiralty and vice admiralty courts
into prize courts by special commission on the outbreak of war. It
has been questioned whether a special commission granting authority
to adjudicate prize matters to the admiralty courts is necessary.
Blackstone seems to consider the authority inherent. He says:
"In case of prizes also in time of war, between our own nation and
another or between two other nations, which are taken at sea and
brought into our ports, the courts of admiralty have an undisturbed
and exclusive jurisdiction to determine the same according to the
laws of nations."[24] Phillimore expresses a similar view.[25]
However the general opinion seems to be that the prize and instance
jurisdiction of the admiralty courts are separated and the former is
granted only by commission from the crown in time of war.[26] Thus
the naval prize act of 1864[27] provides that all admiralty and vice
admiralty courts may be commissioned to act as prize courts during
war under the jurisdiction of the high court of admiralty with appeal
in all cases to the queen in council.
The Supreme Court of Judicature act of 1891[28] declared the high
court to be a prize court within the meaning of the prize court act
of 1864.[29] It therefore is a perpetual prize court and requires no
special commission.[30] Other admiralty and vice admiralty courts
exercise prize jurisdiction under provisions of the prize courts act
of 1894[31] which declares that commissions for the establishment
of prize courts may be issued at any time even during peace by
the office of admiralty to become effective on the issuance of a
proclamation declaring war. Laws of procedure may likewise be issued
at any time by order in council in accordance with the provisions of
the naval prize act of 1864.[32]
Public-domain text, read in full here on John Shaqi.
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