International Law. A Treatise Volume Ii Part 114

Provided, that nothing in the present Section shall extend to the a.s.serted Interest of a Flag Officer claiming to share by virtue of his Flag.

_Offences against Law of Prize._

[Sidenote: In case of Offence by Captors, Prize to be reserved for Crown.]

37. A Prize Court, on Proof of any Offence against the Law of Nations, or against this Act, or any Act relating to Naval Discipline, or against any Order in Council or Royal Proclamation, or of any Breach of Her Majesty's Instructions relating to Prize, or of any Act of Disobedience to the Orders of the Lords of the Admiralty, or to the Command of a Superior Officer, committed by the Captors in relation to any s.h.i.+p or Goods taken as Prize, or in relation to any Person on Board any such s.h.i.+p, may, on Condemnation, reserve the Prize to Her Majesty's Disposal, notwithstanding any Grant that may have been made by Her Majesty in favour of Captors.

_Pre-emption._

[Sidenote: Purchase by Admiralty for Public Service of Stores on board Foreign s.h.i.+ps.]

38. Where a s.h.i.+p of a Foreign Nation pa.s.sing the Seas laden with Naval or Victualling Stores intended to be carried to a Port of any Enemy of Her Majesty is taken and brought into a Port of the United Kingdom, and the Purchase for the Service of Her Majesty of the Stores on board the s.h.i.+p appears to the Lords of the Admiralty expedient without the Condemnation thereof in a Prize Court, in that Case the Lords of the Admiralty may purchase, on the Account or for the Service of Her Majesty, all or any of the Stores on board the s.h.i.+p; and the Commissioners of Customs may permit the Stores purchased to be entered and landed within any Port.

_Capture by s.h.i.+p other than a s.h.i.+p of War._

[Sidenote: Prizes taken by s.h.i.+ps other than s.h.i.+ps of War to be Droits of Admiralty.]

39. Any s.h.i.+p or Goods taken as Prize by any of the Officers and Crew of a s.h.i.+p other than a s.h.i.+p of War of Her Majesty shall, on Condemnation, belong to Her Majesty in Her Office of Admiralty.

IV.--PRIZE SALVAGE.

[Sidenote: Salvage to Re-captors of British s.h.i.+p or Goods from Enemy.]

40. Where any s.h.i.+p or Goods belonging to any of Her Majesty's Subjects, after being taken as Prize by the Enemy, is or are retaken from the Enemy by any of Her Majesty's s.h.i.+ps of War, the same shall be restored by Decree of a Prize Court to the Owner, on his paying as Prize Salvage One Eighth Part of the Value of the Prize to be decreed and ascertained by the Court, or such Sum not exceeding One Eighth Part of the estimated Value of the Prize as may be agreed on between the Owner and the Re-captors, and approved by Order of the Court; Provided, that where the Re-capture is made under circ.u.mstances of Special Difficulty or Danger, the Prize Court may, if it thinks fit, award to the Re-captors as Prize Salvage a larger Part than One Eighth Part, but not exceeding in any Case One Fourth Part, of the Value of the Prize.

Provided also, that where a s.h.i.+p after being so taken is set forth or used by any of Her Majesty's Enemies as a s.h.i.+p of War, this Provision for Rest.i.tution shall not apply, and the s.h.i.+p shall be adjudicated on as in other Cases of Prize.

[Sidenote: Permission to re-captured s.h.i.+p to proceed on Voyage.]

41. Where a s.h.i.+p belonging to any of Her Majesty's Subjects, after being taken as Prize by the Enemy, is retaken from the Enemy by any of Her Majesty's s.h.i.+ps of War, she may, with the Consent of the Re-captors, prosecute her Voyage, and it shall not be necessary for the Re-captors to proceed to Adjudication till her Return to a Port of the United Kingdom.

The Master or Owner, or his Agent, may, with the Consent of the Re-captors, unload and dispose of the Goods on board the s.h.i.+p before Adjudication.

In case the s.h.i.+p does not, within Six Months, return to a Port of the United Kingdom, the Re-captors may nevertheless inst.i.tute Proceedings against the s.h.i.+p or Goods in the High Court of Admiralty, and the Court may thereupon award Prize Salvage as aforesaid to the Re-captors, and may enforce Payment thereof, either by Warrant of Arrest against the s.h.i.+p or Goods, or by Monition and Attachment against the Owner.

V.--PRIZE BOUNTY.

[Sidenote: Prize Bounty to Officers and Crew present at Engagement with an Enemy.]

42. If, in relation to any War, Her Majesty is pleased to declare, by Proclamation or Order in Council, Her Intention to grant Prize Bounty to the Officers and Crews of Her s.h.i.+ps of War, then such of the Officers and Crew of any of Her Majesty's s.h.i.+ps of War as are actually present at the taking or destroying of any armed s.h.i.+p of any of Her Majesty's Enemies shall be ent.i.tled to have distributed among them as Prize Bounty a Sum calculated at the Rate of Five Pounds for each Person on board the Enemy's s.h.i.+p at the Beginning of the Engagement.

[Sidenote: Ascertainment of Amount of Prize Bounty by Decree of Prize Court.]

43. The Number of the Persons so on board the Enemy's s.h.i.+p shall be proved in a Prize Court, either by the Examinations on Oath of the Survivors of them, or of any Three or more of the Survivors, or if there is no Survivor by the Papers of the Enemy's s.h.i.+p, or by the Examinations on Oath of Three or more of the Officers and Crew of Her Majesty's s.h.i.+p, or by such other Evidence as may seem to the Court sufficient in the Circ.u.mstances.

The Court shall make a Decree declaring the t.i.tle of the Officers and Crew of Her Majesty's s.h.i.+p to the Prize Bounty, and stating the Amount thereof.

The Decree shall be subject to Appeal as other Decrees of the Court.

[Sidenote: Payment of Prize Bounty awarded.]

44. On Production of an official Copy of the Decree the Commissioners of Her Majesty's Treasury shall, out of Money provided by Parliament, pay the Amount of Prize Bounty decreed, in such Manner as any Order in Council may from Time to Time direct.

VI.--MISCELLANEOUS PROVISIONS.

_Ransom._

[Sidenote: Power for regulating Ransom by Order in Council.]

45. Her Majesty in Council may from Time to Time, in relation to any War, make such Orders as may seem expedient, according to Circ.u.mstances, for prohibiting or allowing, wholly or in certain Cases, or subject to any Conditions or Regulations or otherwise, as may from Time to Time seem meet, the ransoming or the entering into any contract or Agreement for the ransoming of any s.h.i.+p or Goods belonging to any of Her Majesty's Subjects, and taken as Prize by any of Her Majesty's Enemies.

Any Contract or Agreement entered into, and any Bill, Bond, or other Security given for Ransom of any s.h.i.+p or Goods, shall be under the exclusive Jurisdiction of the High Court of Admiralty as a Prize Court (subject to Appeal to the Judicial Committee of the Privy Council), and if entered into or given in contravention of any such Order in Council shall be deemed to have been entered into or given for an illegal Consideration.

If any Person ransoms or enters into any Contract or Agreement for Ransoming any s.h.i.+p or Goods, in contravention of any such Order in Council, he shall for every such Offence be liable to be proceeded against in the High Court of Admiralty at the Suit of Her Majesty in Her Office of Admiralty, and on Conviction to be fined, in the Discretion of the Court, any Sum not exceeding Five hundred Pounds.

_Convoy._

[Sidenote: Punishment of Masters of Merchant Vessels under Convoy disobeying Orders or deserting Convoy.]

46. If the Master or other Person having the Command of any s.h.i.+p of any of Her Majesty's Subjects, under the Convoy of any of Her Majesty's s.h.i.+ps of War, wilfully disobeys any lawful Signal, Instruction, or Command of the Commander of the Convoy, or without Leave deserts the Convoy, he shall be liable to be proceeded against in the High Court of Admiralty at the Suit of Her Majesty in Her Office of Admiralty, and upon Conviction to be fined, in the Discretion of the Court, any Sum not exceeding Five hundred Pounds, and to suffer Imprisonment for such Time, not exceeding One Year, as the Court may adjudge.

_Customs Duties and Regulations._

[Sidenote: Prize s.h.i.+ps and Goods liable to Duties and Forfeiture.]

47. All s.h.i.+ps and Goods taken as Prize and brought into a Port of the United Kingdom shall be liable to and be charged with the same Rates and Charges and Duties of Customs as under any Act relating to the Customs may be chargeable on other s.h.i.+ps and Goods of the like Description; and

All Goods brought in as Prize which would on the voluntary Importation thereof be liable to Forfeiture or subject to any Restriction under the Laws relating to the Customs, shall be deemed to be so liable and subject, unless the Commissioners of Customs see fit to authorise the Sale or Delivery thereof for Home Use or Exportation, unconditionally or subject to such Conditions and Regulations as they may direct.

[Sidenote: Regulations of Customs to be observed as to Prize s.h.i.+ps and Goods.]

48. Where any s.h.i.+p or Goods taken as Prize is or are brought into a Port of the United Kingdom, the Master or other Person in charge or command of the s.h.i.+p which has been taken or in which the Goods are brought shall, on Arrival at such Port, bring to at the proper Place of Discharge, and shall, when required by any Officer of Customs, deliver an Account in Writing under his Hand concerning such s.h.i.+p and Goods, giving such Particulars relating thereto as may be in his Power, and shall truly answer all Questions concerning such s.h.i.+p or Goods asked by any such Officer, and in default shall forfeit a Sum not exceeding One hundred Pounds, such Forfeiture to be enforced as Forfeitures for Offences against the Laws relating to the Customs are enforced, and every such s.h.i.+p shall be liable to such Searches as other s.h.i.+ps are liable to, and the Officers of the Customs may freely go on board such s.h.i.+p and bring to the Queen's Warehouse any Goods on board the same, subject, nevertheless, to such Regulations in respect of s.h.i.+ps of War belonging to Her Majesty as shall from Time to Time be issued by the Commissioners of Her Majesty's Treasury.

[Sidenote: Power for Treasury to remit Customs Duties in certain cases.]

49. Goods taken as Prize may be sold either for Home Consumption or for Exportation; and if in the former Case the Proceeds thereof, after payment of Duties of Customs, are insufficient to satisfy the just and reasonable claims thereon, the Commissioners of Her Majesty's Treasury may remit the whole or such Part of the said Duties as they see fit.

_Perjury._

[Sidenote: Punishment of Persons guilty of Perjury.]

50. If any Person wilfully and corruptly swears, declares, or affirms falsely in any Prize Cause or Appeal, or in any Proceeding under this Act, or in respect of any Matter required by this Act to be verified on Oath, or suborns any other Person to do so, he shall be deemed guilty of Perjury, or of Subornation of Perjury (as the Case may be), and shall be liable to be punished accordingly.

_Limitation of Actions, &c._

[Sidenote: Actions against Persons executing Act not to be brought without Notice, &c.]