Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
Negligence on the part of the captors in caring for the prize or
infringement of national or international laws on the subject will
result in the forfeiture of all share of the prize[24] and indeed
as already observed[25] without any fault on the part of the captor
the crown may refuse the captors any share by returning the vessel
as a matter of policy. This almost always occurs at the close of a
war when it is usually provided by treaty that unadjudicated prizes
should be returned. The captor's rights in prize are purely at the
mercy of the crown. What he receives he receives by the crown's grace
and not by legal right.
_NOTES._
Chapter V, Part 5.
[1] See post p. 102 to 104.
[2] 27 and 28 Vict., c 25, s 38, 1864.
[3] See Higgins, The Hague Peace Conferences, for all international
conventions bearing on these points.
[4] See ante p. 82 et. seq.
[5] Statutory Rules and Orders, revised, 1903, tit. Navy, ix. 109.
[6] See ante p. 61 and 62.
[7] Duckworth vs. Tucker, 1809, 2 Taunt. 7, quoted in Atherley-Jones,
op. cit. p. 560.
[8] Banda and Kirwee Booty, 1866, 1 Law Rep. Adm. and Ecc. 109, see
also Phillimore, op. cit. iii, 222.
[9] The Vryheid, 2 C. Rob. 16, quoted in Atherley-Jones, op. cit. p.
544.
[10] La Flore, 5 C. Rob. 268, quoted, ibid. p. 546.
[11] Amitie, 6 C. Rob. 261, quoted, ibid. p. 546.
[12] Forsigheid, 3 C. Rob. 311, quoted, ibid. p. 546.
[13] The Carl, 2 Spinks 261, quoted, ibid. p. 550.
[14] The Cape of Good Hope, 2 C. Rob. 284, quoted, ibid. p. 556.
[15] The Dordrecht, 2 C. Rob. 55, quoted, ibid. p. 558.
[16] 27 and 28 Vict., c 25, s 34, 1864.
[17] "Any ship or goods taken as Prize by any of the officers and
crew of a ship other than a ship of war of Her Majesty shall, on
condemnation, belong to Her Majesty in Her office of Admiralty." 27
and 28 Vict., c 25, s 39, 1864.
[18] See ante p. 52.
[19] 27 and 28 Vict., c 24, s 17; 1 and 2 Vict., c 2, s 2; 1 Edw.
VII, c 4, s 1; 10 Edw. VII and 1 Geo. V, c 28, s 1.
[20] The Haase, 1 C. Rob. 286, quoted in Phillimore, op. cit. iii,
601.
[21] For statutory obligations see 27 and 28 Vict., c 25, s 37, for
rules of Hollands, Manual of Naval Prize Law, see ante, p. 66.
[22] L'Ecole, 6 C. Rob. 220, quoted in Atherley-Jones, op. cit. p.
524.
[23] Maria and Vrow Johanna, 4 C. Rob. 348, quoted ibid. p. 524.
[24] 27 and 28 Vict., c 25, s 37, 1864.
[25] See ante p. 82 et seq.
_CHAPTER VI. GREAT BRITAIN, SIGNIFICANCE OF PRESENT LAW._
PART 1. CAUSES OF LAW.
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