Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
In earliest times the Lord High Admiral of England and the Warden
of the Cinque Ports were the highest appellate authorities in prize
cases in their respective jurisdictions. Later, appeal apparently lay
to the king in chancery but by 1534[33] the custom was established
of appointing a special commission of appeals. This commission was
appointed by the crown and consisted generally of members of the
privy council. This condition prevailed until 1833[34] when the
"delegates of appeals" was abolished and it was provided that all
admiralty appeals whether instance or prize, should lie to the
judicial committee of the privy council. By act of 1832[35] it had
been provided that appeals from all vice admiralty courts lie to the
same body. The naval prize act of 1864[36] likewise provided for
appeal to the queen in council.
After the incorporation of the high court of admiralty with the
High Court of Justice in 1873 it was provided in the appellate
jurisdiction act of 1876[37] that in its instance jurisdiction appeal
lie, as in the other courts, to the High Court of Appeal and then
to the House of Lords. Appeal in prize cases however was allowed to
remain to the privy council as prescribed by the act of 1864.[38] At
present, therefore, appeal from all prize courts of Great Britain lie
ultimately to the judicial committee of the privy council.
In the Hague Conference of 1907 a convention[39] providing for an
international prize court composed of fifteen judges selected from
the leading countries to act as a court of final appeal in prize
cases for all nations was adopted. In 1909 the declaration of
London[40] signed by the leading maritime nations provided definite
rules for many unsettled points of maritime law. Shortly after the
meeting of this conference, autumn of 1910, a bill was proposed in
the House of Commons to reorganize the English prize procedure so
as to allow for appeal to the international court. The bill was
defeated.[41] The international prize court has not as yet been
organized. At present there is no provision in English law which
would permit of appeal to it in case it came into being. Although
her delegates signed the Convention at the Hague, England has never
officially ratified it and it is difficult to say whether in case of
a war Great Britain would feel bound by this convention.
_NOTES._
Chapter V, Part 1.
[1] For history and discussion of admiralty and prize courts see
Marsdon, Introduction to select pleas of the Admiralty; Roscoe,
Growth of English Law; Carter, History of English Legal Institutions;
Ridges, Constitutional Laws of England; Benedict, The American
Admiralty; Encyclopedia Britannica, 11th Edition, titles, Admiral,
Lord High; Admiralty, Jurisdiction.
[2] The local jurisdiction of all sea port corporations but the
Cinque Ports was abolished in 1835, 5 and 6 William IV, c 76.
[3] W. G. F. Phillimore, Admiralty, High Court of, Encyclopedia
Britannica, 11th Edition, i, 206.
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