The Laws of War, Affecting Commerce and Shipping — John Shaqi
The Laws of War, Affecting Commerce and ShippingThomson, H. Byerley (Henry Byerley)
History
The Laws of War, Affecting Commerce and Shipping
Thomson, H. Byerley (Henry Byerley)
Maritime law; War (International law); War, Maritime (International law)
A licence cannot be _ante dated_, and if granted subsequent to capture
it is no protection against condemnation. It is in its very nature
prospective, pointing to something which has not yet been done, and
cannot be done at all without such permission. Where the act has
already been done, and requires to be upheld, it must be by an express
confirmation of the act itself, as by an indemnity granted to the
party; but a licence necessarily looks to that which remains to be
done, and can extend its influence only to future operations.[127]
Note.--It has been before pointed out, that the Queen has, by her
prerogative, the power of granting licences. But the Navigation Laws
could not, of course, be dispensed with by the royal prerogative.
Various acts, therefore, were passed to alter or qualify them,
according to the new condition of things which was produced in time of
war. These acts expired with the several wars that suggested them; but
the almost total repeal of the celebrated Navigation Laws will render
the re-enactment of similar war measures almost unnecessary.
SECTION IV.
_Ransom, Recaptures, and Salvage_.
[Sidenote: Ransom.]
Sometimes circumstances will not permit property captured at sea to be
sent into port; and the captor, in such cases, may either destroy it,
or permit the original owner to redeem it.
It was formerly the general custom to redeem property from the hands
of the enemy by Ransom, and the contract is undoubtedly valid, when
municipal regulations do not intervene. It is now but little known in
the commercial law of England, for several statutes in the reign of
George the Third absolutely prohibited British subjects the privilege
of ransom of property captured at sea, unless in a case of extreme
necessity--to be judged of by the Court of Admiralty.[128]
These contracts are generally drawn up at sea, and by virtue of them,
the captain of the captor engages for the release and safe conduct of
the taken ship, in consideration of a sum of money, which the master
of the captured vessel, on behalf of himself and the owners of his
ship and cargo, engages to pay, and for the payment of which he
delivers a hostage as security. The contract is drawn up in two parts,
of which the captor has one, which is called the ransom bill; the
master of the captured vessel has the other, which operates as his
safe conduct.
By the French law this safe conduct only protects the vessel to its
own port, or its port of destination, if nearer that. In other
countries the pass allows the ship to continue its voyage; but
operates only to protect the vessel in the course prescribed, and
within the time limited by the contract. It protects only against
capture, unless by agreement it provides also against _total loss_ by
perils of the seas.
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