Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
Captures made by non-commissioned ships which now includes all
vessels not part of the royal navy go to the government.[17] Such
captures were originally one of the Droits of Admiralty[18] but since
the office of admiral has been in commission they enure to the crown.
Peculiarly enough, though all such forfeitures now go to the crown
the technical distinction of condemnation to the king, jure coronae
and condemnation to the king in his office of admiralty. Droits of
Admiralty is still maintained in the decrees of prize courts. By
statute[19] all such Droits of Admiralty and Jure Coronae are now
put into the consolidated fund of Great Britain. In practice it has
usually happened that the greater part of the proceeds of captures
made by non-commissioned captors is given to the captor as a special
reward.[20] For this it appears that England does not recognize an
international obligation to prevent captures by non-commissioned
vessels in time of war. It is hard to reconcile this attitude with
her adoption of the Declaration of Paris in 1856. She does not of
course issue letters of Marque or officially permit capture by any
vessels other than those of the royal navy. England has not been
engaged in any important naval war since the treaty of Paris so it
is impossible to say exactly what her practice in this regard would
be. Legally all rights in captures by non-commissioned captors enure
to the crown so if such vessels infringed on neutral rights England
would undoubtedly refuse to give them any reward, which would soon
have the effect of stopping such captures.
Definite rules are prescribed for the conduct of prizes, as for
instance, the cargoes must not be tampered with, the holds must
be closed, all necessary papers must be presented with the prize,
the prize must be brought in without delay and proceedings must be
commenced in the prize court without unreasonable delay.[21]
"It is to be observed that the captors have no right to convert
property till it has been brought to legal adjudication. They are not
even to break bulk."[22]
"The captor holds but an imperfect right; the property may turn out
to belong to others, and if the captor put it in an improper place
or keeps it with too little attention he must be liable to the
consequences if the goods are not kept with the same caution with
which a prudent person would keep his own property."[23]
Public-domain text, read in full here on John Shaqi.
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