Le principe posé est simple: un navire neutre convoyé par un navire de

guerre de sa nation est exempt de visite. Le motif en est que le

croiseur belligérant doit trouver dans les affirmations du commandant du

convoi la garantie que lui procurerait l'exercice même du droit de

visite; il ne peut, en effet, révoquer en doute ces affirmations,

données par l'agent officiel d'un Gouvernement neutre, sans manquer à la

courtoisie internationale. Si les Gouvernements neutres laissent les

belligérants visiter les navires portant leur pavillon, c'est qu'ils ne

veulent pas prendre la charge de la surveillance de ces navires, et

qu'alors ils permettent aux belligérants de se protéger eux-mêmes. La

situation change quand un Gouvernement neutre entend prendre cette

charge; le droit de visite n'a plus la même raison d'être.

Mais il résulte de l'explication de la règle donnée pour le convoi que

le Gouvernement neutre s'engage à donner aux belligérants toute garantie

que les navires convoyés ne profitent pas de la protection qui leur est

assurée pour agir contrairement à la neutralité--par exemple, pour

transporter de la contrebande de guerre, pour fournir à un belligérant

une assistance hostile, pour tenter de violer un blocus. Il faudra donc

une surveillance sérieuse exercée au départ sur les navires devant être

convoyés, et cette surveillance devra se poursuivre au cours du voyage.

Le Gouvernement devra procéder avec vigilance pour empêcher tout abus du

convoi, et il donnera en ce sens des instructions précises à l'officier

chargé de commander un convoi.

Un croiseur belligérant rencontre un convoi: il s'adresse au commandant

de ce convoi, qui doit, sur sa demande, lui donner par écrit toutes les

informations utiles sur les navires qui sont sous sa protection. On

exige une déclaration écrite, parce qu'elle empêche les équivoques et

les malentendus, qu'elle engage plus la responsabilité du commandant.

Cette déclaration a pour but de rendre la visite inutile par le fait

même qu'elle procure au croiseur les renseignements que la visite

elle-même lui aurait fournis.

Article 62.

_Si le commandant du bâtiment de guerre belligérant a lieu de soupçonner

que la religion du commandant du convoi a été surprise, il lui

communique ses soupçons. C'est au commandant du convoi seul qu'il

appartient en ce cas de procéder à une vérification. Il doit constater

le résultat de cette vérification par un procès-verbal dont une copie

est remise à l'officier du bâtiment de guerre. Si des faits ainsi

constatés justifient, dans l'opinion du commandant du convoi, la saisie

d'un ou de plusieurs navires, la protection du convoi doit leur être

retirée._

Le plus souvent le croiseur s'en tiendra à la déclaration que lui aura

donnée le commandant du convoi, mais il peut avoir de sérieuses raisons

de croire que la religion de ce commandant a été surprise, qu'un navire

convoyé dont les papiers paraissent en règle, et ne présentent rien de

suspect, transporte, en fait, de la contrebande adroitement dissimulée.

Le croiseur peut communiquer ses soupçons au commandant du convoi. Une

vérification peut être jugée nécessaire. Elle est faite par le

commandant du convoi; c'est lui seul qui exerce l'autorité sur les

navires placés sous sa protection. Il a paru toutefois que l'on

éviterait souvent bien des difficultés, s'il était permis au belligérant

d'assister à cette vérification; autrement il lui serait toujours

possible de suspecter, sinon la bonne foi, du moins la vigilance ou la

perspicacité du visiteur. Mais on n'a pas cru devoir imposer au

commandant du convoi l'obligation de laisser l'officier du croiseur

assister à la vérification. Il agira comme il le jugera bon: s'il

accepte l'assistance d'un officier du croiseur, ce sera un acte de

courtoisie ou de bonne politique. Il devra, dans tous les cas, dresser

un procès-verbal de la vérification et en donner une copie à l'officier

du croiseur.

Des divergences peuvent s'élever entre les deux officiers, spécialement

à propos de la contrebande conditionnelle. Le caractère du port auquel

sont destinés des blés peut être contesté; est-ce un port de commerce

ordinaire? est-ce un port qui sert de base de ravitaillement pour les

forces armées? La situation de fait produite par le convoi doit être, en

ce cas, maintenue. Il pourra seulement y avoir une protestation de la

part de l'officier du croiseur, et la difficulté sera réglée par la voie

diplomatique.

La situation est tout autre si un navire convoyé est trouvé porteur de

contrebande sans qu'une contestation puisse s'élever. Le navire n'a plus

droit à la protection, parce que la condition à laquelle cette

protection était subordonnée n'a pas été remplie. Il a trompé son propre

Gouvernement d'abord et essayé de tromper un belligérant. Il doit alors

être traité comme un navire de commerce neutre qui, dans les

circonstances ordinaires, rencontre un croiseur belligérant et est

visité par lui. Il ne peut se plaindre d'être ainsi traité

rigoureusement, parce qu'il y a dans son cas une aggravation de la faute

commise par un transporteur de contrebande.

CHAPITRE VIII.--_De la résistance à la visite._

Le sujet traité dans ce chapitre n'est pas mentionné dans le programme

soumis en février 1908 par le Gouvernement Britannique; il se rattache

étroitement à plusieurs des questions de ce programme, aussi s'est-il

naturellement présenté à l'esprit au cours des discussions, et il a paru

nécessaire de poser une règle sur laquelle on s'est facilement accordé.

Un croiseur belligérant rencontre un navire de commerce et le somme de

s'arrêter pour qu'il soit procédé à la visite. Le navire sommé ne

s'arrête pas et essaie de se soustraire à la visite par la fuite. Le

croiseur peut employer la force pour l'arrêter, et le navire de

commerce, s'il est avarié ou coulé, n'a pas le droit de se plaindre,

puisqu'il a contrevenu à une obligation imposée par le droit des gens.

S'il est arrêté et s'il est établi que c'est seulement pour éviter les

ennuis de la visite qu'il avait recouru à la fuite, qu'il n'avait

d'ailleurs commis aucun acte contraire à la neutralité, il ne sera pas

puni pour sa tentative. S'il est constaté, au contraire, que le navire a

de la contrebande à bord ou qu'il a, d'une façon quelconque, violé ses

devoirs de neutre, il subira les conséquences de son infraction à la

neutralité, mais il ne subira non plus aucune peine pour avoir tenté la

fuite. Certains pensaient, au contraire, que le navire devrait être puni

pour une tentative de fuite caractérisée comme pour une résistance

violente. La possibilité de la confiscation engagerait, disait-on, le

croiseur à ménager, dans la mesure du possible, le navire en fuite. Mais

cette idée n'a pas prévalu.

Article 63.

_La résistance opposée par la force à l'exercice légitime du droit

d'arrêt, de visite et de saisie, entraîne, dans tous les cas, la

confiscation du navire. Le chargement est passible du même traitement

que subirait le chargement d'un navire ennemi; les marchandises

appartenant au capitaine ou au propriétaire du navire sont considérées

comme marchandises ennemies._

La situation est différente s'il y a résistance violente à l'action

légitime du croiseur. Le navire commet un acte d'hostilité et doit, dès

lors, être traité en ennemi; il sera donc soumis à confiscation, quand

même la visite ne révélerait aucun fait contraire à la neutralité, et

cela semble ne pouvoir soulever aucune difficulté.

Que faut-il décider du chargement? La formule qui a semblé la meilleure

est celle d'après laquelle ce chargement sera traité comme celui qui

serait à bord d'un navire ennemi. Cette assimilation entraîne les

conséquences suivantes: le navire neutre qui a résisté devenant navire

ennemi, la marchandise se trouvant à bord est présumée ennemie. Les

neutres intéressés pourront réclamer leur propriété, conformément à la

3'e règle de la Déclaration de Paris, mais la marchandise ennemie sera

confisquée parce que la règle _le pavillon couvre la marchandise_ ne

peut plus être invoquée, le navire saisi sur lequel elle se trouve étant

considéré comme ennemi. On remarquera que le droit de réclamer la

marchandise est reconnu à tous les neutres, même à ceux qui ont la

nationalité du navire saisi; il paraîtrait excessif de les faire

souffrir de l'acte du capitaine. Il y a toutefois une exception à

l'égard des marchandises appartenant au propriétaire du navire. Il

semble naturel qu'il supporte les conséquences des actes de son agent.

Sa propriété à bord du navire sera donc traitée en marchandise ennemie.

A plus forte raison, en est-il de même de la marchandise appartenant au

capitaine.

CHAPITRE IX.--_Des dommages et intérêts._

Ce chapitre a une portée très générale, puisque la disposition qu'il

contient trouve son application dans les cas nombreux où un croiseur

peut saisir un navire ou des marchandises.

Article 64.

_Si la saisie du navire ou des marchandises n'est pas validée par la

juridiction des prises ou si, sans qu'il y ait eu de mise en jugement,

la saisie n'est pas maintenue, les intéressés ont droit à des dommages

et intérêts, à moins qu'il y ait eu des motifs suffisants de saisir le

navire ou les marchandises._

Un croiseur a saisi un navire neutre, par exemple, pour transport de

contrebande ou violation de blocus. Le tribunal des prises relâche le

navire en annulant la saisie. Cela ne suffit évidemment pas à dédommager

les intéressés de la perte éprouvée par suite de la saisie, et cette

perte a pu être considérable, puisque le navire a été, pendant un temps

souvent très long, empêché de se livrer à son trafic ordinaire.

Peuvent-ils demander à être indemnisés de ce préjudice? Rationnellement

il faut admettre l'affirmative, si ce préjudice est immérité,

c'est-à-dire si la saisie n'a pas été amenée par leur faute. Il peut

arriver, en effet, que la saisie ait été motivée, parce que le capitaine

du navire visité n'a pas produit des justifications qui devaient se

trouver normalement à sa disposition et qui ont été fournies plus tard.

Dans ce cas, il serait injuste que des dommages et intérêts fussent

accordés. A l'inverse, s'il y a eu vraiment faute du croiseur, s'il a

saisi dans un cas où il n'y avait pas de motifs suffisants de le faire,

il est juste que des dommages et intérêts soient alloués.

Il peut arriver aussi qu'un navire saisi et conduit dans un port ait été

relaxé par voie administrative sans intervention d'un tribunal de

prises. En pareil cas, la pratique varie: dans certains pays, la

juridiction des prises n'intervient que dans le cas d'une capture et ne

pourrait statuer sur une demande de dommages-intérêts fondée sur ce que

la saisie aurait été injustifiée; dans d'autres, la juridiction des

prises serait compétente pour une demande de ce genre. Il y a là une

inégalité peu équitable et il convient d'établir une règle qui produise

le même effet dans tous les pays. Il est raisonnable que toute saisie

pratiquée sans motifs suffisants donne droit à des dommages-intérêts au

profit des intéressés, sans qu'il y ait à distinguer suivant que la

saisie a été ou non suivie d'une décision du tribunal des prises, et

d'autant plus que c'est quand la saisie aura été le moins justifiée, que

le navire pourra être relaxé par voie administrative. On a donc employé

une formule générale pouvant comprendre tous les cas de saisie.

Il convient de remarquer que la question de savoir si les tribunaux

nationaux de prises sont compétents pour statuer sur les

dommages-intérêts n'est pas visée dans le texte. En tant qu'il y a un

procès sur les propriétés saisies, aucun doute n'est possible. Dans la

procédure engagée sur la validité de la capture, les intéressés auront

l'occasion de faire valoir leur droit à une indemnité, et, si la

décision du tribunal national ne leur donne pas satisfaction, ils

pourront se pourvoir devant la Cour Internationale des prises. Si, au

contraire, l'action du belligérant s'est bornée à une saisie, la

législation du belligérant capteur décide si des tribunaux sont

compétents pour connaître d'une demande en indemnité et, en cas

d'affirmative, quels tribunaux sont compétents dans l'espèce; la Cour

Internationale n'a, dans ce cas, aucune compétence d'après la Convention

de La Haye. Au point de vue international, la voie diplomatique est la

seule ouverte pour faire valoir la réclamation, qu'il s'agisse de se

plaindre d'une décision effectivement rendue ou de suppléer à l'absence

de juridiction.

On a posé la question de savoir s'il y avait lieu de distinguer les

dommages directs et les dommages indirects subis par le navire ou la

marchandise. Il a semblé qu'il valait mieux laisser la juridiction des

prises libre d'apprécier le dédommagement dû, qui variera suivant les

circonstances et dont le montant ne peut être déterminé à l'avance par

des règles trop minutieuses.

Il n'a été parlé que du navire pour simplifier; mais ce qui a été dit

s'applique naturellement à la cargaison saisie, puis relâchée. Ainsi la

marchandise innocente, se trouvant à bord du navire saisi, subit tous

les inconvénients de la saisie du navire. S'il y a eu des motifs

suffisants de saisir le navire, que cette saisie soit maintenue ou non,

les propriétaires de la cargaison n'ont aucun droit à des dommages et

intérêts.

Il peut être utile d'indiquer certains cas dans lesquels la saisie du

navire serait justifiée, quelle que pût être la décision du tribunal des

prises. C'est notamment celui de jet, de suppression ou de destruction

volontaire de tout ou partie des papiers de bord, provenant du fait du

capitaine, de quelqu'un de l'équipage ou des passagers. Il y a là

quelque chose qui justifie tous les soupçons et qui explique que le

navire soit saisi, sauf au capitaine à rendre compte de sa conduite

devant le tribunal des prises. Même si ce tribunal acceptait les

explications données et ne trouvait pas de causes suffisantes de

confiscation, les intéressés ne pourraient songer à réclamer des

dommages-intérêts.

Un cas analogue serait celui où l'on trouverait à bord des papiers

doubles, faux, ou falsifiés, alors que cette irrégularité se rattache à

des circonstances de nature à influer sur la saisie du navire.

Il a semblé suffisant que ces cas où la saisie s'expliquerait

raisonnablement fussent mentionnés dans le Rapport sans faire l'objet

d'une disposition expresse, et cela parce que l'indication de deux cas

particuliers aurait pu faire croire que c'étaient les seuls dans

lesquels la saisie se justifierait.

Tels sont les principes de droit international que la Conférence Navale

s'est efforcée de reconnaître comme propres à régir pratiquement les

rapports des peuples dans d'importantes matières pour lesquelles des

règles précises faisaient jusqu'à présent défaut. Elle a continué ainsi

l'oeuvre de codification commencée par la Déclaration de Paris de 1856.

Elle a travaillé dans le même esprit que la Deuxième Conférence de la

Paix et, profitant des travaux faits à La Haye, elle a pu résoudre un

certain nombre de problèmes que, faute de temps, cette Conférence avait

dû laisser sans solution. Souhaitons que l'on puisse dire que ceux qui

ont élaboré la Déclaration de Londres de 1909 n'ont pas été trop

indignes de leurs prédécesseurs de 1856 et de 1907.

DISPOSITIONS FINALES.

Ces dispositions ont trait à diverses questions qui touchent à l'effet

de la Déclaration, à sa ratification, à sa mise en vigueur, à sa

dénonciation, à l'adhésion des Puissances non représentées.

Article 65.

_Les dispositions de la présente Déclaration forment un ensemble

indivisible._

Cet article est très important et conforme à ce qui avait été admis pour

la Déclaration de Paris.

Les règles contenues dans la présente Déclaration touchent à des points

très importants et très différents. Elles n'ont pas toutes été acceptées

avec le même empressement par toutes les Délégations; des concessions

ont été faites sur un point en vue de concessions obtenues sur un autre.

L'ensemble a été, tout balancé, reconnu satisfaisant. Une attente

légitime serait trompée, si une Puissance pouvait faire des réserves à

propos d'une règle à laquelle une autre Puissance attache une importance

particulière.

Article 66.

_Les Puissances Signataires s'engagent à s'assurer, dans le cas d'une

guerre où les belligérants seraient tous parties à la présente

Déclaration, l'observation réciproque des règles contenues dans cette

Déclaration. Elles donneront, en conséquence, à leurs autorités et à

leurs forces armées les instructions nécessaires et prendront les

mesures qu'il conviendra pour en garantir l'application par leurs

tribunaux, spécialement par leurs tribunaux de prises._

D'après l'engagement qui résulte de cet article, la Déclaration

s'applique dans les rapports entre les Puissances Signataires, quand les

belligérants sont également parties à la Déclaration.

Ce sera à chaque Puissance à prendre les mesures nécessaires pour

assurer l'observation de la Déclaration. Ces mesures pourront varier

suivant les pays, exiger ou non l'intervention du pouvoir législatif.

C'est une affaire d'ordre intérieur.

Il faut remarquer que les Puissances neutres peuvent être aussi dans le

cas de donner des instructions à leurs autorités, spécialement aux

commandants des convois, comme on l'a vu plus haut.

Article 67.

_La présente Déclaration sera ratifiée aussitôt que possible._

_Les ratifications seront déposées à Londres._

_Le premier dépôt de ratifications sera constaté par un procès-verbal

signé par les Représentants des Puissances qui y prennent part, et par

le Principal Secrétaire d'État de Sa Majesté Britannique au Département

des Affaires Étrangères._

_Les dépôts ultérieurs de ratifications se feront au moyen d'une

notification écrite adressée au Gouvernement Britannique et accompagnée

de l'instrument de ratification._

_Copie certifiée conforme du procès-verbal relatif au premier dépôt de

ratifications, des notifications mentionnées à l'alinéa précédent, ainsi

que des instruments de ratification qui les accompagnent, sera

immédiatement, par les soins du Gouvernement Britannique et par la voie

diplomatique, remise aux Puissances Signataires. Dans les cas visés par

l'alinéa précédent, ledit Gouvernement leur fera connaître en même temps

la date à laquelle il a reçu la notification._

Cette disposition toute de protocole n'a pas besoin d'explication. On a

emprunté la formule admise à La Haye par la Deuxième Conférence de la

Paix.

Article 68.

_La présente Déclaration produira effet, pour les Puissances qui

auront_ _participé au premier dépôt de ratifications, soixante jours

après la date du procès-verbal de ce dépôt et, pour les Puissances qui

ratifieront ultérieurement, soixante jours après que la notification de

leur ratification aura été reçue par le Gouvernement Britannique._

Article 69.

_S'il arrivait qu'une des Puissances Signataires voulût dénoncer la

présente Déclaration, elle ne pourra le faire que pour la fin d'une

période de douze ans commençant à courir soixante jours après le premier

dépôt de ratifications et, ensuite, pour la fin de périodes successives

de six ans, dont la première commencera à l'expiration de la période de

douze ans._

_La dénonciation devra être, au moins un an à l'avance, notifiée par

écrit au Gouvernement Britannique, qui en donnera connaissance à toutes

les autres Puissances. Elle ne produira ses effets qu'à l'égard de la

Puissance qui l'aura notifiée._

Il résulte implicitement de l'article 69 que la Déclaration à une durée

indéfinie. Les périodes après lesquelles la dénonciation peut se faire

ont été fixées par analogie de ce qui est admis dans la Convention pour

l'établissement d'une Cour Internationale des prises.

Article 70.

_Les Puissances représentées à la Conférence Navale de Londres,

attachant un prix particulier à la reconnaissance générale des règles

adoptées par elles, expriment l'espoir que les Puissances qui n'y

étaient pas représentées adhéreront à la présente Déclaration. Elles

prient le Gouvernement Britannique de vouloir bien les inviter à le

faire._

_La Puissance qui désire adhérer notifie par écrit son intention au

Gouvernement Britannique en lui transmettant l'acte d'adhésion, qui sera

déposé dans les archives dudit Gouvernement._

_Ce Gouvernement transmettra immédiatement à toutes les autres

Puissances copie certifiée conforme de la notification, ainsi que de

l'acte d'adhésion, en indiquant la date à laquelle il a reçu la

notification. L'adhésion produira effet soixante jours après cette

date._

_La situation des Puissances adhérentes sera, en tout ce qui concerne

cette Déclaration, assimilée à la situation des Puissances Signataires._

La Déclaration de Paris contenait déjà une invitation adressée aux

Puissances non représentées, à l'effet d'adhérer à la Déclaration.

L'invitation officielle, au lieu d'être faite individuellement par

chacune des Puissances représentées à la Conférence, sera plus aisément

faite par la Grande-Bretagne agissant au nom de toutes.

Les formes de l'adhésion sont très simples. L'assimilation des

Puissances adhérentes aux Puissances Signataires entraîne naturellement

pour les premières l'observation de l'article 65; on ne peut adhérer à

une partie de la Déclaration, mais seulement à l'ensemble.

Article 71.

_La présente Déclaration, qui portera la date du 26 février 1909, pourra

être signée à Londres, jusqu'au 30 juin 1909, par les Plénipotentiaires

des Puissances représentées à la Conférence Navale._

Comme à La Haye, on a tenu compte des convenances de certaines

Puissances dont les Représentants peuvent ne pas être en situation de

signer dès à présent la Déclaration et qui cependant veulent être

considérées comme des Puissances Signataires, non comme des Puissances

adhérentes.

Il va sans dire que les _Plénipotentiaires des Puissances_ dont il est

parlé à l'article 71 ne sont pas nécessairement ceux qui avaient été

délégués comme tels à la Conférence Navale.

_En foi de quoi, les Plénipotentiaires ont revêtu la présente

Déclaration de leurs signatures et y ont apposé leurs cachets._

_Fait à Londres, le vingt-six février mil neuf cent neuf, en un seul

exemplaire, qui restera déposé dans les archives du Gouvernement

Britannique et dont des copies, certifiées conformes, seront remises par

la voie diplomatique aux Puissances représentées à la Conférence

Navale._

APPENDIX VIII

ADDITIONAL PROTOCOL TO THE CONVENTION CONCERNING THE

ESTABLISHMENT OF AN INTERNATIONAL PRIZE COURT

_Signed at the Hague, September 19, 1910_

Article premier.

Les puissances signataires de la convention de La Haye du 18 octobre

1907, relative à l'établissement d'une Cour Internationale des prises ou

y adhérant, pour lesquelles des difficultés d'ordre constitutionnel

s'opposent à l'acceptation, sous sa forme actuelle, de ladite

convention, ont la faculté de déclarer, dans l'acte de ratification ou

d'adhésion, que, dans les affaires de prises rentrant dans la compétence

de leurs tribunaux nationaux, le recours devant la Cour Internationale

des prises ne pourra être exercé contre elles que sous la forme d'une

action en indemnité du préjudice causé par la capture.

Article 2.

Dans le cas de recours exercé devant la Cour Internationale des prises

sous la forme d'une action en indemnité, l'article 8 de la convention

est sans application; la Cour n'a pas à prononcer la validité ou la

nullité de la capture, non plus qu'à infirmer ou confirmer la décision

des tribunaux nationaux.

Article 3.

Les conditions auxquelles est subordonné par la convention l'exercice du

recours devant la Cour Internationale des prises sont applicables à

l'exercice de l'action en indemnité.

Article 4.

Sous réserve des dispositions ci-après, les règles de procédure établies

par la convention pour le recours devant la Cour Internationale des

prises seront observées pour l'action en indemnité.

Article 5.

Par dérogation à l'article 28, § 1, de la convention, l'instance en

indemnité ne peut être introduite devant la Cour Internationale des

prises qu'au moyen d'une déclaration écrite, adressée au Bureau

International de la Cour permanente d'arbitrage. Le Bureau peut être

saisi même par télégramme.

Article 6.

Par dérogation à l'article 29 de la convention, le Bureau International

notifie directement et par télégramme, s'il est possible, au

Gouvernement du belligérant capteur la déclaration d'instance dont il

est saisi. Le Gouvernement du belligérant capteur, sans examiner si les

délais prescrits ont été observés, fait, dans les sept jours de la

réception de la notification, transmettre au Bureau International le

dossier de l'affaire en y joignant, le cas échéant, une copie certifiée

conforme de la décision rendue par le tribunal national.

Article 7.

Par dérogation à l'article 45, § 2, de la convention, la Cour, après le

prononcé et la notification de son arrêt aux parties en cause, fait

parvenir directement au Gouvernement du belligérant capteur le dossier

de l'affaire qui lui a été soumise, en y joignant l'expédition des

diverses décisions intervenues ainsi que la copie des procès-verbaux de

l'instruction.

Article 8.

Le présent protocole additionnel sera considéré comme faisant partie

intégrante de la convention et sera ratifié en même temps que celle-ci.

Si la déclaration prévue à l'article 1 ci-dessus est faite dans l'acte

de ratification, une copie certifiée conforme en sera insérée dans le

procès-verbal de dépôt des ratifications visé à l'article 52, § 3, de la

convention.

Article 9.

L'adhésion à la convention est subordonnée à l'adhésion au présent

protocole additionnel.

En foi de quoi les Plénipotentiaires ont signé le présent protocole

additionnel.

Fait à La Haye le 19 septembre 1910, en un seul exemplaire qui sera

déposé dans les archives du Gouvernement des Pays-Bas et dont des

copies, certifiées conformes, seront remises, par la voie diplomatique,

aux Puissances désignées dans l'article 15 de la convention relative à

l'établissement d'une Cour Internationale des prises du 18 octobre 1907

et dans son Annexe.

APPENDIX IX

FOREIGN ENLISTMENT ACT, 1870

33 & 34 VICT., CHAPTER 90

An Act to regulate the conduct of Her Majesty's Subjects

during the existence of hostilities between foreign states

with which Her Majesty is at peace.

[9 August 1870.]

Whereas it is expedient to make provision for the regulation of the

conduct of Her Majesty's subjects during the existence of hostilities

between foreign states with which Her Majesty is at peace:

Be it enacted by the Queen's most Excellent Majesty, by and with the

advice and consent of the Lords Spiritual and Temporal, and Commons, in

this present Parliament assembled, and by the authority of the same, as

follows:

_Preliminary._

[Sidenote: Short Title of Act.]

1. This Act may be cited for all purposes as "The Foreign Enlistment

Act, 1870."

[Sidenote: Application of Act.]

2. This Act shall extend to all the dominions of Her Majesty, including

the adjacent territorial waters.

[Sidenote: Commencement of Act.]

3. This Act shall come into operation in the United Kingdom immediately

on the passing thereof, and shall be proclaimed in every British

possession by the governor thereof as soon as may be after he receives

notice of this Act, and shall come into operation in that British

possession on the day of such proclamation, and the time at which this

Act comes into operation in any place is, as respects such place, in

this Act referred to as the commencement of this Act.

_Illegal Enlistment._

[Sidenote: Penalty on enlistment in service of foreign state.]

4. If any person, without the license of Her Majesty, being a British

subject, within or without Her Majesty's dominions, accepts or agrees to

accept any commission or engagement in the military or naval service of

any foreign state at war with any foreign state at peace with Her

Majesty, and in this Act referred to as a friendly state, or whether a

British subject or not within Her Majesty's dominions, induces any other

person to accept or agree to accept any commission or engagement in the

military or naval service of any such foreign state as aforesaid,--

He shall be guilty of an offence against this Act, and shall be

punishable by fine and imprisonment, or either of such punishments

at the discretion of the court before which the offender is

convicted; and imprisonment, if awarded, may be either with or

without hard labour.

[Sidenote: Penalty on leaving Her Majesty's Dominions with intent to

serve a Foreign State.]

5. If any person, without the license of Her Majesty, being a British

subject, quits or goes on board any ship with a view of quitting Her

Majesty's dominions, with intent to accept any commission or engagement

in the military or naval service of any foreign state at war with a

friendly state, or, whether a British subject or not, within Her

Majesty's dominions, induces any other person to quit or to go on board

any ship with a view of quitting Her Majesty's dominions with the like

intent,--

He shall be guilty of an offence against this Act, and shall be

punishable by fine and imprisonment, or either of such

punishments, at the discretion of the court before which the

offender is convicted; and imprisonment, if awarded, may be either

with or without hard labour.

[Sidenote: Penalty on embarking Persons under False Representations as

to Service.]

6. If any person induces any other person to quit Her Majesty's

dominions or to embark on any ship within Her Majesty's dominions under

a misrepresentation or false representation of the service in which such

person is to be engaged, with the intent or in order that such person

may accept or agree to accept any commission or engagement in the

military or naval service of any foreign state at war with a friendly

state,--

He shall be guilty of an offence against this Act, and shall be

punishable by fine and imprisonment or either of such punishments,

at the discretion of the court before which the offender is

convicted; and imprisonment, if awarded, may be either with or

without hard labour.

[Sidenote: Penalty on taking illegally enlisted Persons on board Ship.]

7. If the master or owner of any ship, without the license of Her

Majesty, knowingly either takes on board, or engages to take on board,

or has on board such ship within Her Majesty's dominions any of the

following persons, in this Act referred to as illegally enlisted

persons; that is to say,--

(1) Any person who, being a British subject within or without the

dominions of Her Majesty, has, without the license of Her Majesty,

accepted or agreed to accept any commission or engagement in the

military or naval service of any foreign state at war with any

friendly state:

(2) Any person, being a British subject, who, without the license

of Her Majesty, is about to quit Her Majesty's dominions with the

intent to accept any commission or engagement in the military or

naval service of any foreign state at war with a friendly state:

(3) Any person who has been induced to embark under a

misrepresentation or false representation of the service in which

such person is to be engaged, with the intent or in order that

such person may accept or agree to accept any commission or

engagement in the military or naval service of any foreign state

at war with a friendly state:

Such master or owner shall be guilty of an offence against this Act, and

the following consequences shall ensue; that is to say,--

(1) The offender shall be punishable by fine and imprisonment, or

either of such punishments, at the discretion of the court before

which the offender is convicted; and imprisonment, if awarded, may

be either with or without hard labour: and

(2) Such ship shall be detained until the trial and conviction or

acquittal of the master or owner, and until all penalties

inflicted on the master or owner have been paid, or the master or

owner has given security for the payment of such penalties to the

satisfaction of two justices of the peace, or other magistrate or

magistrates having the authority of two justices of the peace: and

(3) All illegally enlisted persons shall immediately on the

discovery of the offence be taken on shore, and shall not be

allowed to return to the ship.

_Illegal Shipbuilding and Illegal Expeditions._

[Sidenote: Penalty on illegal Shipbuilding and illegal Expeditions.]

8. If any person within Her Majesty's dominions, without the license of

Her Majesty, does any of the following acts; that is to say,--

(1) Builds or agrees to build, or causes to be built any ship with

intent or knowledge, or having reasonable cause to believe that

the same shall or will be employed in the military or naval

service of any foreign state at war with any friendly state: or

(2) Issues or delivers any commission for any ship with intent or

knowledge, or having reasonable cause to believe that the same

shall or will be employed in the military or naval service of any

foreign state at war with any friendly state: or

(3) Equips any ship with intent or knowledge, or having reasonable

cause to believe that the same shall or will be employed in the

military or naval service of any foreign state at war with any

friendly state: or

(4) Despatches, or causes or allows to be despatched, any ship

with intent or knowledge, or having reasonable cause to believe

that the same shall or will be employed in the military or naval

service of any foreign state at war with any friendly state:

Such person shall be deemed to have committed an offence against this

Act, and the following consequences shall ensue:

(1) The offender shall be punishable by fine and imprisonment or

either of such punishments, at the discretion of the court before

which the offender is convicted; and imprisonment, if awarded, may

be either with or without hard labour.

(2) The ship in respect of which any such offence is committed,

and her equipment, shall be forfeited to Her Majesty.

Provided that a person building, causing to be built, or equipping a

ship in any of the cases aforesaid, in pursuance of a contract made

before the commencement of such war as aforesaid, shall not be liable to

any of the penalties imposed by this section in respect of such building

or equipping if he satisfies the conditions following; (that is to say,)

(1) If forthwith upon a proclamation of neutrality being issued by

Her Majesty he gives notice to the Secretary of State that he is

so building, causing to be built, or equipping such ship, and

furnishes such particulars of the contract and of any matters

relating to, or done, or to be done under the contract as may be

required by the Secretary of State:

(2) If he gives such security, and takes and permits to be taken

such other measures, if any, as the Secretary of State may

prescribe for ensuring that such ship shall not be despatched,

delivered, or removed without the license of Her Majesty until the

termination of such war as aforesaid.

[Sidenote: Presumption as to Evidence in case of Illegal Ship.]

9. Where any ship is built by order of or on behalf of any foreign state

when at war with a friendly state, or is delivered to or to the order of

such foreign state, or any person who to the knowledge of the person

building is an agent of such foreign state, or is paid for by such

foreign state or such agent, and is employed in the military or naval

service of such foreign state, such ship shall, until the contrary is

proved, be deemed to have been built with a view to being so employed,

and the burden shall lie on the builder of such ship of proving that he

did not know that the ship was intended to be so employed in the

military or naval service of such foreign state.

[Sidenote: Penalty on aiding the Warlike Equipment of Foreign ships.]

10. If any person within the dominions of Her Majesty, and without the

license of Her Majesty,--

By adding to the number of guns, or by changing those on board for other

guns, or by the addition of any equipment for war, increases or

augments, or procures to be increased or augmented, or is knowingly

concerned in increasing or augmenting the warlike force of any ship

which at the time of her being within the dominions of Her Majesty was a

ship in the military or naval service of any foreign state at war with

any friendly state,--

Such person shall be guilty of an offence against this Act, and

shall be punishable by fine and imprisonment, or either of such

punishments, at the discretion of the court before which the

offender is convicted; and imprisonment, if awarded, may be either

with or without hard labour.

[Sidenote: Penalty on fitting out Naval or Military Expeditions without

License.]

11. If any person within the limits of Her Majesty's dominions, and

without the license of Her Majesty,--

Prepares or fits out any naval or military expedition to proceed against

the dominions of any friendly state, the following consequences shall

ensue:

(1) Every person engaged in such preparation or fitting out, or

assisting therein, or employed in any capacity in such expedition,

shall be guilty of an offence against this Act, and shall be

punishable by fine and imprisonment, or either of such

punishments, at the discretion of the court before which the

offender is convicted; and imprisonment, if awarded, may be either

with or without hard labour.

(2) All ships, and their equipments, and all arms and munitions of

war, used in or forming part of such expedition, shall be

forfeited to Her Majesty.

[Sidenote: Punishment of Accessories.]

12. Any person who aids, abets, counsels, or procures the commission of

any offence against this Act shall be liable to be tried and punished as

a principal offender.

[Sidenote: Limitation of Term of Imprisonment.]

13. The term of imprisonment to be awarded in respect of any offence

against this Act shall not exceed two years.

_Illegal Prize._

[Sidenote: Illegal Prize brought into British Ports restored.]

14. If during the continuance of any war in which Her Majesty may be

neutral, any ship, goods, or merchandize captured as prize of war within

the territorial jurisdiction of Her Majesty, in violation of the

neutrality of this realm, or captured by any ship which may have been

built, equipped, commissioned, or despatched, or the force of which may

have been augmented, contrary to the provisions of this Act are brought

within the limits of Her Majesty's dominions by the captor, or any agent

of the captor, or by any person having come into possession thereof with

the knowledge that the same was prize of war so captured as aforesaid,

it shall be lawful for the original owner of such prize, or his agent,

or for any person authorised in that behalf by the Government of the

foreign state to which such owner belongs, to make application to the

Court of Admiralty for seizure and detention of such prize, and the

court shall, on due proof of the facts, order such prize to be restored.

Every such order shall be executed and carried into effect in the same

manner, and subject to the same right of appeal as in the case of any

order made in the exercise of the ordinary jurisdiction of such court;

and in the meantime and until a final order has been made on such

application the court shall have power to make all such provisional and

other orders as to the care or custody of such captured ship, goods, or

merchandize, and (if the same be of perishable nature, or incurring risk

of deterioration) for the sale thereof, and with respect to the deposit

or investment of the proceeds of any such sale, as may be made by such

court in the exercise of its ordinary jurisdiction.

_General Provision._

[Sidenote: License by Her Majesty, how granted.]

15. For the purpose of this Act, a license by Her Majesty shall be under

the sign manual of Her Majesty, or be signified by Order in Council or

by proclamation of Her Majesty.

_Legal Procedure._

[Sidenote: Jurisdiction in respect of Offences by Persons against Act.]

16. Any offence against this Act shall, for all purposes of and

incidental to the trial and punishment of any person guilty of any such

offence, be deemed to have been committed either in the place in which

the offence was wholly or partly committed, or in any place within Her

Majesty's dominions in which the person who committed such offence may

be.

[Sidenote: Venue in respect of Offences by Persons. 24 & 25 Vict. c.

97.]

17. Any offence against this Act may be described in any indictment or

other document relating to such offence, in cases where the mode of

trial requires such a description, as having been committed at the place

where it was wholly or partly committed, or it may be averred generally

to have been committed within Her Majesty's dominions, and the venue or

local description in the margin may be that of the county, city, or

place in which the trial is held.

[Sidenote: Power to remove Offenders for Trial.]

18. The following authorities, that is to say, in the United Kingdom any

judge of a superior court, in any other place within the jurisdiction of

any British court of justice, such court, or, if there are more courts

than one, the court having the highest criminal jurisdiction in that

place, may, by warrant or instrument in the nature of a warrant in this

section included in the term "warrant," direct that any offender charged

with an offence against this Act shall be removed to some other place in

Her Majesty's dominions for trial in cases where it appears to the

authority granting the warrant that the removal of such offender would

be conducive to the interests of justice, and any prisoner so removed

shall be triable at the place to which he is removed, in the same manner

as if his offence had been committed at such place.

Any warrant for the purposes of this section may be addressed to the

master of any ship or to any other person or persons, and the person or

persons to whom such warrant is addressed shall have power to convey the

prisoner therein named to any place or places named in such warrant, and

to deliver him, when arrived at such place or places, into the custody

of any authority designated by such warrant.

Every prisoner shall, during the time of his removal under any such

warrant as aforesaid, be deemed to be in the legal custody of the person

or persons empowered to remove him.

[Sidenote: Jurisdiction in respect of Forfeiture of Ships for Offences

against Act.]

19. All proceedings for the condemnation and forfeiture of a ship, or

ship and equipment, or arms and munitions of war, in pursuance of this

Act shall require the sanction of the Secretary of State or such chief

executive authority as is in this Act mentioned, and shall be had in the

Court of Admiralty, and not in any other court; and the Court of

Admiralty shall, in addition to any power given to the court by this

Act, have in respect of any ship or other matter brought before it in

pursuance of this Act all powers which it has in the case of a ship or

matter brought before it in the exercise of its ordinary jurisdiction.

[Sidenote: Regulations as to Proceedings against the Offender and the

Ship.]

20. Where any offence against this Act has been committed by any person

by reason whereof a ship, or ship and equipment, or arms and munitions

of war, has or have become liable to forfeiture, proceedings may be

instituted contemporaneously or not, as may be thought fit, against the

offender in any court having jurisdiction of the offence, and against

the ship, or ship and equipment, or arms and munitions of war, for the

forfeiture in the Court of Admiralty; but it shall not be necessary to

take proceedings against the offender because proceedings are instituted

for the forfeiture, or to take proceedings for the forfeiture because

proceedings are taken against the offender.

[Sidenote: Officer authorised to seize offending Ships.]

21. The following officers, that is to say,--

(1) Any officer of customs in the United Kingdom, subject

nevertheless to any special or general instructions from the

Commissioners of Customs or any officer of the Board of Trade,

subject nevertheless to any special or general instructions from

the Board of Trade;

(2) Any officer of customs or public officer in any British

possession, subject nevertheless to any special or general

instructions from the governor of such possession;

(3) Any commissioned officer on full pay in the military service

of the Crown, subject nevertheless to any special or general

instructions from his commanding officer;

(4) Any commissioned officer on full pay in the naval service of

the Crown, subject nevertheless to any special or general

instructions from the Admiralty or his superior officer, may seize

or detain any ship liable to be seized or detained in pursuance of

this Act, and such officers are in this Act referred to as the

"local authority"; but nothing in this Act contained shall

derogate from the power of the Court of Admiralty to direct any

ship to be seized or detained by any officer by whom such court

may have power under its ordinary jurisdiction to direct a ship to

be seized or detained.

[Sidenote: Powers of Officers authorised to seize Ships.]

22. Any officer authorised to seize or detain any ship in respect of any

offence against this Act may, for the purpose of enforcing such seizure

or detention, call to his aid any constable or officers of police, or

any officers of Her Majesty's army or navy or marines, or any excise

officer or officers of customs, or any harbour-master or dock-master, or

any officers having authority by law to make seizures of ships, and may

put on board any ship so seized or detained any one or more of such

officers to take charge of the same, and to enforce the provisions of

this Act, and any officer seizing or detaining any ship under this Act

may use force, if necessary, for the purpose of enforcing seizure or

detention, and if any person is killed or maimed by reason of his

resisting such officer in the execution of his duties, or any person

acting under his orders, such officer so seizing or detaining the ship,

or other person, shall be freely and fully indemnified as well against

the Queen's Majesty, Her heirs and successors, as against all persons so

killed, maimed, or hurt.

[Sidenote: Special Power of Secretary of State or Chief Executive

Authority to detain Ship.]

23. If the Secretary of State or the chief executive authority is

satisfied that there is a reasonable and probable cause for believing

that a ship within Her Majesty's dominions has been or is being built,

commissioned, or equipped contrary to this Act, and is about to be taken

beyond the limits of such dominions, or that a ship is about to be

despatched contrary to this Act, such Secretary of State or chief

executive authority shall have power to issue a warrant stating that

there is reasonable and probable cause for believing as aforesaid, and

upon such warrant the local authority shall have power to seize and

search such ship, and to detain the same until it has been either

condemned or released by process of law, or in manner herein-after

mentioned.

The owner of the ship so detained, or his agent, may apply to the Court

of Admiralty for its release, and the court shall as soon as possible

put the matter of such seizure and detention in course of trial between

the applicant and the Crown.

If the applicant establish to the satisfaction of the court that the

ship was not and is not being built, commissioned, or equipped or

intended to be despatched contrary to this Act, the ship shall be

released and restored.

If the applicant fail to establish to the satisfaction of the court that

the ship was not and is not being built, commissioned, or equipped, or

intended to be despatched contrary to this Act, then the ship shall be

detained till released by order of the Secretary of State or chief

executive authority.

The court may in cases where no proceedings are pending for its

condemnation release any ship detained under this section on the owner

giving security to the satisfaction of the court that the ship shall not

be employed contrary to this Act, notwithstanding that the applicant may

have failed to establish to the satisfaction of the court that the ship

was not and is not being built, commissioned, or intended to be

despatched contrary to this Act. The Secretary of State or the chief

executive authority may likewise release any ship detained under this

section on the owner giving security to the satisfaction of such

Secretary of State or chief executive authority that the ship shall not

be employed contrary to this Act, or may release the ship without such

security if the Secretary of State or chief executive authority think

fit so to release the same.

If the court be of opinion that there was not reasonable and probable

cause for the detention, and if no such cause appear in the course of

the proceedings, the court shall have power to declare that the owner is

to be indemnified by the payment of costs and damages in respect of the

detention, the amount thereof to be assessed by the court, and any

amount so assessed shall be payable by the Commissioners of the Treasury

out of any moneys legally applicable for that purpose. The Court of

Admiralty shall also have power to make a like order for the indemnity

of the owner, on the application of such owner to the court, in a

summary way, in cases where the ship is released by the order of the

Secretary of State or the chief executive authority, before any

application is made by the owner or his agent to the court for such

release.

Nothing in this section contained shall affect any proceedings

instituted or to be instituted for the condemnation of any ship detained

under this section where such ship is liable to forfeiture subject to

this provision, that if such ship is restored in pursuance of this

section all proceedings for such condemnation shall be stayed; and where

the court declares that the owner is to be indemnified by the payment of

costs and damages for the detainer, all costs, charges, and expenses

incurred by such owner in or about any proceedings for the condemnation

of such ship shall be added to the costs and damages payable to him in

respect of the detention of the ship.

Nothing in this section contained shall apply to any foreign

non-commissioned ship despatched from any part of Her Majesty's

dominions after having come within them under stress of weather or in

the course of a peaceful voyage, and upon which ship no fitting out or

equipping of a warlike character has taken place in this country.

[Sidenote: Special Power of Local Authority to detain Ship.]

24. Where it is represented to any local authority, as defined by this

Act, and such local authority believes the representation, that there is

a reasonable and probable cause for believing that a ship within Her

Majesty's dominions has been or is being built, commissioned, or

equipped contrary to this Act, and is about to be taken beyond the

limits of such dominions, or that a ship is about to be despatched

contrary to this Act, it shall be the duty of such local authority to

detain such ship, and forthwith to communicate the fact of such

detention to the Secretary of State or chief executive authority.

Upon the receipt of such communication the Secretary of State or chief

executive authority may order the ship to be released if he thinks there

is no cause for detaining her, but if satisfied that there is reasonable

and probable cause for believing that such ship was built, commissioned,

or equipped or intended to be despatched in contravention of this Act,

he shall issue his warrant stating that there is reasonable and probable

cause for believing as aforesaid, and upon such warrant being issued

further proceedings shall be had as in cases where the seizure or

detention has taken place on a warrant issued by the Secretary of State

without any communication from the local authority.

Where the Secretary of State or chief executive authority orders the

ship to be released on the receipt of a communication from the local

authority without issuing his warrant, the owner of the ship shall be

indemnified by the payment of costs and damages in respect of the

detention upon application to the Court of Admiralty in a summary way in

like manner as he is entitled to be indemnified where the Secretary of

State having issued his warrant under this Act releases the ship before

any application is made by the owner or his agent to the court for such

release.

[Sidenote: Power of Secretary of State or Executive Authority to grant

Search Warrant.]

25. The Secretary of State or the chief executive authority may, by

warrant, empower any person to enter any dockyard or other place within

Her Majesty's dominions and inquire as to the destination of any ship

which may appear to him to be intended to be employed in the naval or

military service of any foreign state at war with a friendly state, and

to search such ship.

[Sidenote: Exercise of Powers of Secretary of State or Chief Executive

Authority.]

26. Any powers or jurisdiction by this Act given to the Secretary of

State may be exercised by him throughout the dominions of Her Majesty,

and such powers and jurisdiction may also be exercised by any of the

following officers, in this Act referred to as the chief executive

authority, within their respective jurisdictions; that is to say,

(1) In Ireland by the Lord Lieutenant or other the chief governor

or governors of Ireland for the time being, or the chief

secretary to the Lord Lieutenant:

(2) In Jersey by the Lieutenant Governor:

(3) In Guernsey, Alderney, and Sark, and the dependent islands by

the Lieutenant Governor:

(4) In the Isle of Man by the Lieutenant Governor:

(5) In any British possession by the Governor:

A copy of any warrant issued by a Secretary of State or by any officer

authorised in pursuance of this Act to issue such warrant in Ireland,

the Channel Islands, or the Isle of Man shall be laid before Parliament.

[Sidenote: Appeal from Court of Admiralty.]

27. An appeal may be had from any decision of a Court of Admiralty under

this Act to the same tribunal and in the same manner to and in which an

appeal may be had in cases within the ordinary jurisdiction of the court

as a Court of Admiralty.

[Sidenote: Indemnity to Officers.]

28. Subject to the provisions of this Act providing for the award of

damages in certain cases in respect of the seizure or detention of a

ship by the Court of Admiralty no damages shall be payable, and no

officer or local authority shall be responsible, either civilly or

criminally, in respect of the seizure or detention of any ship in

pursuance of this Act.

[Sidenote: Indemnity to Secretary of State or Chief Executive

Authority.]

29. The Secretary of State shall not, nor shall the chief executive

authority, be responsible in any action or other legal proceedings

whatsoever for any warrant issued by him in pursuance of this Act, or be

examinable as a witness, except at his own request, in any court of

justice in respect of the circumstances which led to the issue of the

warrant.

_Interpretation Clause._

[Sidenote: Interpretation of Terms.]

30. In this Act, if not inconsistent with the context, the following

terms have the meanings herein-after respectively assigned to them; that

is to say,

[Sidenote: "Foreign State:"]

"Foreign state" includes any foreign prince, colony, province, or

part of any province or people, or any person or persons

exercising or assuming to exercise the powers of government in or

over any foreign country, colony, province, or part of any

province or people:

[Sidenote: "Military Service:"]

"Military service" shall include military telegraphy and any other

employment whatever, in or in connection with any military

operation:

[Sidenote: "Naval Service:"]

"Naval service" shall, as respects a person, include service as a

marine, employment as a pilot in piloting or directing the course

of a ship of war or other ship when such ship of war or other ship

is being used in any military or naval operation, and any

employment whatever on board a ship of war, transport, store ship,

privateer or ship under letters of marque; and as respects a ship,

include any user of a ship as a transport, store ship, privateer

or ship under letters of marque:

[Sidenote: "United Kingdom:"]

"United Kingdom" includes the Isle of Man, the Channel Islands,

and other adjacent islands:

[Sidenote: "British Possessions:"]

"British possession" means any territory, colony, or place being

part of Her Majesty's dominions, and not part of the United

Kingdom, as defined by this Act:

[Sidenote: "The Secretary of State:"]

"The Secretary of State" shall mean any one of Her Majesty's

Principal Secretaries of State:

[Sidenote: "Governor:"]

"The Governor" shall as respects India mean the Governor General

or the Governor of any presidency, and where a British possession

consists of several constituent colonies, mean the Governor

General of the whole possession or the Governor of any of the

constituent colonies, and as respects any other British possession

it shall mean the officer for the time being administering the

government of such possession; also any person acting for or in

the capacity of a governor shall be included under the term

"Governor":

[Sidenote: "Court of Admiralty:"]

"Court of Admiralty" shall mean the High Court of Admiralty of

England or Ireland, the Court of Session of Scotland, or any

Vice-Admiralty Court within Her Majesty's dominions:

[Sidenote: "Ship:"]

"Ship" shall include any description of boat, vessel, floating

battery, or floating craft; also any description of boat, vessel,

or other craft or battery, made to move either on the surface of

or under water, or sometimes on the surface of and sometimes under

water:

[Sidenote: "Building:"]

"Building" in relation to a ship shall include the doing any act

towards or incidental to the construction of a ship, and all words

having relation to building shall be construed accordingly:

[Sidenote: "Equipping:"]

"Equipping" in relation to a ship shall include the furnishing a

ship with any tackle, apparel, furniture, provisions, arms,

munitions, or stores, or any other thing which is used in or about

a ship for the purpose of fitting or adapting her for the sea or

for naval service, and all words relating to equipping shall be

construed accordingly:

[Sidenote: "Ship and Equipment:"]

"Ship and equipment" shall include a ship and everything in or

belonging to a ship:

[Sidenote: "Master:"]

"Master" shall include any person having the charge or command of

a ship.

_Repeal of Acts, and Saving Clauses._

[Sidenote: Repeal of Foreign Enlistment Act. 59 G. 3, c. 69.]

31. From and after the commencement of this Act, an Act passed in the

fifty-ninth year of the reign of His late Majesty King George the Third,

chapter sixty-nine, intituled "An Act to prevent the enlisting or

engagement of His Majesty's subjects to serve in foreign service, and

the fitting out or equipping, in His Majesty's dominions, vessels for

warlike purposes, without His Majesty's license," shall be repealed:

Provided that such repeal shall not affect any penalty, forfeiture, or

other punishment incurred or to be incurred in respect of any offence

committed before this Act comes into operation, nor the institution of

any investigation or legal proceeding, or any other remedy for enforcing

any such penalty, forfeiture, or punishment as aforesaid.

[Sidenote: Saving as to Commissioned Foreign Ships.]

32. Nothing in this Act contained shall subject to forfeiture any

commissioned ship of any foreign state, or give to any British court

over or in respect of any ship entitled to recognition as a commissioned

ship of any foreign state any jurisdiction which it would not have had

if this Act had not passed.

[Sidenote: Penalties not to extend to Persons entering into Military

Service in Asia. 59 G. 3, c. 69, s. 12.]

33. Nothing in this Act contained shall extend or be construed to extend

to subject to any penalty any person who enters into the military

service of any prince, state, or potentate in Asia, with such leave or

license as is for the time being required by law in the case of subjects

of Her Majesty entering into the military services of princes, states,

or potentates of Asia.

APPENDIX X

THE NAVAL PRIZE ACT, 1864

27 & 28 VICT., CHAPTER 25

An Act for regulating Naval Prize of War.

[_23rd June 1864._]

Whereas it is expedient to enact permanently, with Amendments, such

Provisions concerning Naval Prize, and Matters connected therewith, as

have heretofore been usually passed at the Beginning of a War:

Be it therefore enacted by the Queen's most Excellent Majesty, by and

with the Advice and Consent of the Lords Spiritual and Temporal, and

Commons, in this present Parliament assembled, and by the authority of

the same, as follows:

_Preliminary._

[Sidenote: Short Title.]

1. This Act may be cited as the Naval Prize Act, 1864.

2. In this Act--

[Sidenote: Interpretation of Terms.]

The Term "the Lords of the Admiralty" means the Lord High Admiral

of the United Kingdom, or the Commissioners for executing the

Office of Lord High Admiral:

The Term "the High Court of Admiralty" means the High Court of

Admiralty of _England_:

The Term "any of Her Majesty's Ships of War" includes any of Her

Majesty's Vessels of War, and any hired armed Ship or Vessel in

Her Majesty's Service:

The Term "Officers and Crew" includes Flag Officers, Commanders,

and other Officers, Engineers, Seamen, Marines, Soldiers, and

others on board any of Her Majesty's Ships of War:

The Term "Ship" includes Vessel and Boat, with the Tackle,

Furniture, and Apparel of the Ship, Vessel, or Boat:

The Term "Ship Papers" includes all Books, Passes, Sea Briefs,

Charter Parties, Bills of Lading, Cockets, Letters, and other

Documents and Writings delivered up or found on board a captured

Ship:

The Term "Goods" includes all such Things as are by the Course of

Admiralty and Law of Nations the Subject of Adjudication as Prize

(other than Ships).

I.--Prize Courts.

[Sidenote: High Court of Admiralty and other Courts to be Prize Courts

for Purposes of Act.]

3. The High Court of Admiralty, and every Court of Admiralty or of

Vice-Admiralty, or other Court exercising Admiralty Jurisdiction in Her

Majesty's Dominions, for the Time being authorised to take cognizance of

and judicially proceed in Matters of Prize, shall be a Prize Court

within the Meaning of this Act.

Every such Court, other than the High Court of Admiralty, is comprised

in the Term "Vice-Admiralty Prize Court," when hereafter used in this

Act.

_High Court of Admiralty._

[Sidenote: Jurisdiction of High Court of Admiralty.]

4. The High Court of Admiralty shall have Jurisdiction throughout Her

Majesty's Dominions as a Prize Court.

The High Court of Admiralty as a Prize Court shall have Power to enforce

any Order or Decree of a Vice-Admiralty Prize Court, and any Order or

Decree of the Judicial Committee of the Privy Council in a Prize Appeal.

_Appeal; Judicial Committee._

[Sidenote: Appeal to Queen in Council, in what Cases.]

5. An Appeal shall lie to Her Majesty in Council from any Order or

Decree of a Prize Court, as of Right in case of a Final Decree, and in

other Cases with the Leave of the Court making the Order or Decree.

Every Appeal shall be made in such Manner and Form and subject to such

Regulations (including Regulations as to Fees, Costs, Charges, and

Expenses) as may for the Time being be directed by Order in Council, and

in the Absence of any such Order, or so far as any such Order does not

extend, then in such Manner and Form and subject to such Regulations as

are for the Time being prescribed or in force respecting Maritime Causes

of Appeal.

[Sidenote: Jurisdiction of Judicial Committee in Prize Appeals.]

6. The Judicial Committee of the Privy Council shall have Jurisdiction

to hear and report on any such Appeal, and may therein exercise all such

Powers as for the Time being appertain to them in respect of Appeals

from any Court of Admiralty Jurisdiction, and all such Powers as are

under this Act vested in the High Court of Admiralty, and all such

Powers as were wont to be exercised by the Commissioners of Appeal in

Prize Causes.

[Sidenote: Custody of Processes, Papers, &c.]

7. All Processes and Documents required for the Purposes of any such

Appeal shall be transmitted to and shall remain in the Custody of the

Registrar of Her Majesty in Prize Appeals.

[Sidenote: Limit of Time for Appeal.]

8. In every such Appeal the usual Inhibition shall be extracted from the

Registry of Her Majesty in Prize Appeals within Three Months after the

Date of the Order or Decree appealed from if the Appeal be from the High

Court of Admiralty, and within Six Months after that Date if it be from

a Vice-Admiralty Prize Court.

The Judicial Committee may, nevertheless, on sufficient Cause shown,

allow the Inhibition to be extracted and the Appeal to be prosecuted

after the Expiration of the respective Periods aforesaid.

_Vice-Admiralty Prize Courts._

[Sidenote: Enforcement of Orders of High Court, &c.]

9. Every Vice-Admiralty Prize Court shall enforce within its

Jurisdiction all Orders and Decrees of the Judicial Committee in Prize

Appeals and of the High Court of Admiralty in Prize Causes.

[Sidenote: Salaries of Judges of Vice-Admiralty Prize Courts.]

10. Her Majesty in Council may grant to the Judge of any Vice-Admiralty

Prize Court a Salary not exceeding Five Hundred Pounds a Year, payable

out of Money provided by Parliament, subject to such Regulations as seem

meet.

A Judge to whom a Salary is so granted shall not be entitled to any

further Emolument, arising from Fees or otherwise, in respect of Prize

Business transacted in his Court.

An Account of all such Fees shall be kept by the Registrar of the Court,

and the Amount thereof shall be carried to and form Part of the

Consolidated Fund of the United Kingdom.

[Sidenote: Retiring Pensions of Judges, as in 22 & 23 Vict. c. 26.]

11. In accordance, as far as Circumstances admit, with the Principles

and Regulations laid down in the Superannuation Act, 1859, Her Majesty

in Council may grant to the Judge of any Vice-Admiralty Prize Court an

annual or other Allowance, to take effect on the Termination of his

Service, and to be payable out of Money provided by Parliament.

[Sidenote: Returns from Vice-Admiralty Prize Courts.]

12. The Registrar of every Vice-Admiralty Prize Court shall, on the

First Day of _January_ and First Day of _July_ in every year, make out a

Return (in such Form as the Lords of the Admiralty from Time to Time

direct) of all cases adjudged in the Court since the last half-yearly

Return, and shall with all convenient Speed send the same to the

Registrar of the High Court of Admiralty, who shall keep the same in the

Registry of that Court, and who shall, as soon as conveniently may be,

send a Copy of the Returns of each Half Year to the Lords of the

Admiralty, who shall lay the same before both Houses of Parliament.

_General._

[Sidenote: General Orders for Prize Courts.]

13. The Judicial Committee of the Privy Council, with the Judge of the

High Court of Admiralty, may from Time to Time frame General Orders for

regulating (subject to the Provisions of this Act) the Procedure and

Practice of Prize Courts, and the Duties and Conduct of the Officers

thereof and of the Practitioners therein, and for regulating the Fees to

be taken by the Officers of the Courts, and the Costs, Charges, and

Expenses to be allowed to the Practitioners therein.

Any such General Orders shall have full Effect, if and when approved by

Her Majesty in Council, but not sooner or otherwise.

Every Order in Council made under this Section shall be laid before both

Houses of Parliament.

Every such Order in Council shall be kept exhibited in a conspicuous

Place in each Court to which it relates.

[Sidenote: Prohibition of Officer of Prize Court acting as Proctor, &c.]

14. It shall not be lawful for any Registrar, Marshal, or other Officer

of any Prize Court, or for the Registrar of Her Majesty in Prize

Appeals, directly or indirectly to act or be in any manner concerned as

Advocate, Proctor, Solicitor, or Agent, or otherwise, in any Prize Cause

or Appeal, on pain of Dismissal or Suspension from Office, by Order of

the Court or of the Judicial Committee (as the Case may require).

[Sidenote: Prohibition of Proctors being concerned for adverse Parties

in a Cause.]

15. It shall not be lawful for any Proctor or Solicitor, or Person

practising as a Proctor or Solicitor, being employed by a Party in a

Prize Cause or Appeal, to be employed or concerned, by himself or his

Partner, or by any other Person, directly or indirectly by or on behalf

of any adverse Party in that Cause or Appeal, on pain of Exclusion or

Suspension from Practice in Prize Matters, by Order of the Court or of

the Judicial Committee (as the Case may require).

II.--PROCEDURE IN PRIZE CAUSES.

_Proceedings by Captors._

[Sidenote: Custody of Prize Ship.]

16. Every Ship taken as Prize, and brought into Port within the

Jurisdiction of a Prize Court, shall forthwith and without Bulk broken,

be delivered up to the Marshal of the Court.

If there is no such Marshal, then the Ship shall be in like Manner

delivered up to the Principal Officer of Customs at the Port.

The Ship shall remain in the Custody of the Marshal, or of such Officer,

subject to the Orders of the Court.

[Sidenote: Bringing in of Ship Papers.]

17. The Captors shall, with all practicable Speed after the Ship is

brought into Port, bring the Ship Papers into the Registry of the Court.

The Officer in Command, or One of the Chief Officers of the Capturing

Ship, or some other Person who was present at the Capture, and saw the

Ship Papers delivered up or found on board, shall make Oath that they

are brought in as they were taken, without Fraud, Addition, Subduction,

or Alteration, or else shall account on Oath to the Satisfaction of the

Court for the Absence or altered Condition of the Ship Papers or any of

them.

Where no Ship Papers are delivered up or found on board the captured

Ship, the Officer in Command, or One of the Chief Officers of the

capturing Ship, or some other Person who was present at the Capture,

shall make Oath to that Effect.

[Sidenote: Issue of Monition.]

18. As soon as the Affidavit as to Ship Papers is filed, a Monition

shall issue, returnable within Twenty Days from the Service thereof,

citing all Persons in general to show Cause why the captured Ship should

not be condemned.

[Sidenote: Examinations on Standing Interrogatories.]

19. The Captors shall, with all practicable Speed after the captured

Ship is brought into Port, bring Three or Four of the Principal Persons

belonging to the captured Ship before the Judge of the Court or some

Person authorised in this behalf, by whom they shall be examined on Oath

on the Standing Interrogatories.

The Preparatory Examinations on the Standing Interrogatories shall, if

possible, be concluded within Five Days from the Commencement thereof.

[Sidenote: Adjudication by Court.]

20. After the Return of the Monition, the Court shall, on Production of

the Preparatory Examinations and Ship Papers, proceed with all

convenient Speed either to condemn or to release the captured Ship.

[Sidenote: Further Proof.]

21. Where, on Production of the Preparatory Examinations and Ship

Papers, it appears to the Court doubtful whether the captured Ship is

good Prize or not, the Court may direct further Proof to be adduced,

either by Affidavit or by Examination of Witnesses, with or without

Pleadings, or by Production of further Documents; and on such further

Proof being adduced the Court shall with all convenient Speed proceed to

Adjudication.

[Sidenote: Custody, &c. of Ships of War.]

22. The foregoing Provisions, as far as they relate to the Custody of

the Ship, and to Examination on the Standing Interrogatories, shall not

apply to Ships of War taken as Prize.

_Claim._

[Sidenote: Entry of Claim; Security for Costs.]

23. At any Time before Final Decree made in the Cause, any Person

claiming an Interest in the Ship may enter in the Registry of the Court

a Claim, verified on Oath.

Within Five Days after entering the Claim, the Claimant shall give

Security for Costs in the Sum of Sixty Pounds; but the Court shall have

Power to enlarge the Time for giving Security, or to direct Security to

be given in a larger Sum, if the Circumstances appear to require it.

_Appraisement._

[Sidenote: Power to Court to direct Appraisement.]

24. The Court may, if it thinks fit, at any Time direct that the

captured Ship be appraised.

Every Appraisement shall be made by competent Persons sworn to make the

same according to the best of their Skill and Knowledge.

_Delivery on Bail._

[Sidenote: Power to Court to direct Delivery to Claimant on Bail.]

25. After Appraisement, the Court may, if it thinks fit, direct that the

captured Ship be delivered up to the Claimant, on his giving Security to

the Satisfaction of the Court to pay to the Captors the appraised Value

thereof in case of Condemnation.

_Sale._

[Sidenote: Power to Court to order Sale.]

26. The Court may at any Time, if it thinks fit, on account of the

Condition of the captured Ship, or on the Application of a Claimant,

order that the captured Ship be appraised as aforesaid (if not already

appraised), and be sold.

[Sidenote: Sale on Condemnation.]

27. On or after Condemnation the Court may, if it thinks fit, order that

the Ship be appraised as aforesaid (if not already appraised), and be

sold.

[Sidenote: How Sales to be made.]

28. Every Sale shall be made by or under the Superintendence of the

Marshal of the Court or of the Officer having the Custody of the

captured Ship.

[Sidenote: Payment of Proceeds to Paymaster General or Official

Accountant.]

29. The Proceeds of any Sale, made either before or after Condemnation,

and after Condemnation the appraised Value of the captured Ship, in case

she has been delivered up to a Claimant on Bail, shall be paid under an

Order of the Court either into the Bank of _England_ to the Credit of

Her Majesty's Paymaster General, or into the Hands of an Official

Accountant (belonging to the Commissariat or some other Department)

appointed for this Purpose by the Commissioners of Her Majesty's

Treasury or by the Lords of the Admiralty, subject in either case to

such Regulations as may from Time to Time be made, by order in Council,

as to the Custody and Disposal of Money so paid.

_Small armed Ships._

[Sidenote: One Adjudication as to several small Ships.]

30. The Captors may include in One Adjudication any Number, not

exceeding Six, of armed Ships not exceeding One hundred Tons each, taken

within Three Months next before Institution of Proceedings.

_Goods._

[Sidenote: Application of foregoing Provisions to Prize Goods.]

31. The foregoing Provisions relating to Ships shall extend and apply,

_mutatis mutandis_, to goods taken as Prize on board Ship; and the Court

may direct such goods to be unladen, inventoried, and warehoused.

_Monition to Captors to proceed._

[Sidenote: Power to Court to call on Captors to proceed to

Adjudication.]

32. If the Captors fail to institute or to prosecute with Effect

Proceedings for Adjudication, a Monition shall, on the Application of a

Claimant, issue against the Captors, returnable within Six Days from the

Service thereof, citing them to appear and proceed to Adjudication; and

on the Return thereof the Court shall either forthwith proceed to

Adjudication or direct further Proof to be adduced as aforesaid and then

proceed to Adjudication.

_Claim on Appeal._

[Sidenote: Person intervening on Appeal to enter Claim.]

33. Where any Person, not an original Party in the Cause, intervenes on

Appeal, he shall enter a Claim, verified on Oath, and shall give

Security for Costs.

III.--SPECIAL CASES OF CAPTURE.

_Land Expeditions._

[Sidenote: Jurisdiction of Prize Court in case of Capture in Land

Expedition.]

34. Where, in an Expedition of any of Her Majesty's Naval or Naval and

Military Forces against a Fortress or Possession on Land, Goods

belonging to the State of the Enemy or to a Public Trading Company of

the Enemy exercising Powers of Government are taken in the Fortress or

Possession, or a Ship is taken in Waters defended by or belonging to the

Fortress or Possession, a Prize Court shall have Jurisdiction as to the

Goods or Ship so taken, and any Goods taken on board the Ship as in case

of Prize.

_Conjunct Capture with Ally._

[Sidenote: Jurisdiction of Prize Court in case of Expedition with Ally.]

35. Where any Ship or Goods is or are taken by any of Her Majesty's

Naval or Naval and Military Forces while acting in conjunction with any

Forces of any of Her Majesty's Allies, a Prize Court shall have

Jurisdiction as to the same as in the case of Prize, and shall have

Power, after Condemnation, to apportion the due share of the Proceeds to

Her Majesty's Ally, the proportionate Amount and the Disposition of

which Share shall be such as may from Time to Time be agreed between Her

Majesty and Her Majesty's Ally.

_Joint Capture._

[Sidenote: Restriction on Petitions by asserted joint Captors.]

36. Before Condemnation, a Petition on behalf of asserted joint Captors

shall not (except by special Leave of the Court) be admitted, unless and

until they give Security to the Satisfaction of the Court to contribute

to the actual Captors a just Proportion of any Costs, Charges, and

Expenses or Damages that may be incurred by or awarded against the

actual Captors on account of the Capture and Detention of the Prize.

After Condemnation, such a Petition shall not (except by special Leave

of the Court) be admitted unless and until the asserted joint Captors

pay to the actual Captors a just Proportion of the Costs, Charges, and

Expenses incurred by the actual Captors in the Case, and give such

Security as aforesaid, and show sufficient Cause to the Court why their

Petition was not presented before Condemnation.

Provided, that nothing in the present Section shall extend to the

asserted 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 Ship or

Goods taken as Prize, or in relation to any Person on Board any such

Ship, 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 Ships.]

38. Where a Ship of a Foreign Nation passing 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

Ship 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 Ship; and the

Commissioners of Customs may permit the Stores purchased to be entered

and landed within any Port.

_Capture by Ship other than a Ship of War._

[Sidenote: Prizes taken by Ships other than Ships of War to be Droits of

Admiralty.]

39. 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.

IV.--PRIZE SALVAGE.

[Sidenote: Salvage to Re-captors of British Ship or Goods from Enemy.]

40. Where any Ship 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 Ships 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 circumstances 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 Ship after being so taken is set forth or

used by any of Her Majesty's Enemies as a Ship of War, this Provision

for Restitution shall not apply, and the Ship shall be adjudicated on as

in other Cases of Prize.

[Sidenote: Permission to re-captured Ship to proceed on Voyage.]

41. Where a Ship 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 Ships 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 Ship before

Adjudication.

In case the Ship does not, within Six Months, return to a Port of the

United Kingdom, the Re-captors may nevertheless institute Proceedings

against the Ship 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

Ship 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 Ships of War, then such of the Officers

and Crew of any of Her Majesty's Ships of War as are actually present at

the taking or destroying of any armed Ship of any of Her Majesty's

Enemies shall be entitled 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 Ship 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 Ship 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 Ship, or by the Examinations

on Oath of Three or more of the Officers and Crew of Her Majesty's Ship,

or by such other Evidence as may seem to the Court sufficient in the

Circumstances.

The Court shall make a Decree declaring the Title of the Officers and

Crew of Her Majesty's Ship 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 Circumstances,

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 Ship 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 Ship 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 Ship 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 Ship of any

of Her Majesty's Subjects, under the Convoy of any of Her Majesty's

Ships 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 Ships and Goods liable to Duties and Forfeiture.]

47. All Ships 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 Ships 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 Ships and

Goods.]

48. Where any Ship 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 Ship 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 Ship and Goods,

giving such Particulars relating thereto as may be in his Power, and

shall truly answer all Questions concerning such Ship 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 Ship shall be liable to such Searches as other Ships are

liable to, and the Officers of the Customs may freely go on board such

Ship and bring to the Queen's Warehouse any Goods on board the same,

subject, nevertheless, to such Regulations in respect of Ships 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.]

51. Any Action or Proceeding shall not lie in any Part of Her Majesty's

Dominions against any Person acting under the Authority or in the

Execution or intended Execution or in pursuance of this Act for any

alleged Irregularity or Trespass, or other Act or Thing done or omitted

by him under this Act, unless Notice in Writing (specifying the Cause of

the Action or Proceeding) is given by the intending Plaintiff or

Prosecutor to the intended Defendant One Month at least before the

Commencement of the Action or Proceeding, nor unless the Action or

Proceeding is commenced within Six Months next after the Act or Thing

complained of is done or omitted, or, in case of a Continuation of

Damage, within Six Months next after the doing of such Damage has

ceased.

In any such action the Defendant may plead generally that the Act or

Thing complained of was done or omitted by him when acting under the

authority or in the Execution or intended Execution or in pursuance of

this Act, and may give all special Matter in Evidence; and the Plaintiff

shall not succeed if Tender of sufficient Amends is made by the

Defendant before the Commencement of the Action; and in case no Tender

has been made, the Defendant may, by Leave of the Court in which the

Action is brought, at any Time pay into Court such Sum of Money as he

thinks fit, whereupon such Proceeding and Order shall be had and made in

and by the Court as may be had and made on the Payment of Money into

Court in an ordinary Action; and if the Plaintiff does not succeed in

the Action, the Defendant shall receive such full and reasonable

Indemnity as to all Costs, Charges, and Expenses incurred in and about

the Action as may be taxed and allowed by the proper Officer, subject to

Review; and though a Verdict is given for the Plaintiff in the Action he

shall not have Costs against the Defendant, unless the Judge before whom

the Trial is had certifies his Approval of the Action.

Any such Action or Proceeding against any Person in Her Majesty's Naval

Service, or in the Employment of the Lords of the Admiralty, shall not

be brought or instituted elsewhere than in the United Kingdom.

_Petitions of Right._

[Sidenote: Jurisdiction of High Court of Admiralty on Petitions of Right

in certain Cases, as in 23 & 24 Vict. c. 34.]

52. A Petition of Right, under The Petitions of Right Act, 1860, may, if

the Suppliant thinks fit, be intituled in the High Court of Admiralty,

in case the Subject Matter of the Petition or any material part thereof

arises out of the Exercise of any Belligerent Right on behalf of the

Crown, or would be cognizable in a Prize Court within Her Majesty's

Dominions if the same were a Matter in dispute between private Persons.

Any Petition of Right under the last-mentioned Act, whether intituled in

the High Court of Admiralty or not, may be prosecuted in that Court, if

the Lord Chancellor thinks fit so to direct.

The Provisions of this Act relative to Appeal, and to the framing and

Approval of General Orders for regulating the Procedure and Practice of

the High Court of Admiralty, shall extend to the Case of any such

Petition of Right intituled or directed to be prosecuted in that Court;

and, subject thereto, all the Provisions of The Petitions of Right Act,

1860, shall apply, _mutatis mutandis_, in the Case of any such Petition

of Right; and for the Purposes of the present Section the Terms "Court"

and "Judge" in that Act shall respectively be understood to include and

to mean the High Court of Admiralty and the Judge thereof, and other

Terms shall have the respective Meanings given to them in that Act.

_Orders in Council._

[Sidenote: Power to make Orders in Council.]

53. Her Majesty in Council may from Time to Time make such Orders in

Council as seem meet for the better Execution of this Act.

[Sidenote: Order in Council to be gazetted, &c.]

54. Every Order in Council under this Act shall be published in the

_London Gazette_, and shall be laid before both Houses of Parliament

within Thirty Days after the making thereof, if Parliament is then

sitting, and, if not, then within Thirty Days after the next Meeting of

Parliament.

_Savings._

[Sidenote: Not to affect Rights of Crown; Effect of Treaties, &c.]

55. Nothing in this Act shall--

(1) give to the Officers and Crew of any of Her Majesty's Ships of

War any Right or Claim in or to any Ship or Goods taken as Prize

or the Proceeds thereof, it being the intent of this Act that such

Officers and Crews shall continue to take only such Interest (if

any) in the Proceeds of Prizes as may be from Time to Time granted

to them by the Crown; or

(2) affect the Operation of any existing Treaty or Convention with

any Foreign Power; or

(3) take away or abridge the Power of the Crown to enter into any

Treaty or Convention with any Foreign Power containing any

Stipulation that may seem meet concerning any Matter to which

this Act relates; or

(4) take away, abridge, or control, further or otherwise than as

expressly provided by this Act, any Right, Power, or Prerogative

of Her Majesty the Queen in right of Her Crown, or in right of Her

Office of Admiralty, or any Right or Power of the Lord High

Admiral of the United Kingdom, or of the Commissioners for

executing the Office of Lord High Admiral; or

(5) take away, abridge, or control, further or otherwise than as

expressly provided by this Act, the Jurisdiction or Authority of

a Prize Court to take cognizance of and judicially proceed upon

any Capture, Seizure, Prize, or Reprisal of any Ship or Goods, or

to hear and determine the same, and, according to the Course of

Admiralty and the Law of Nations, to adjudge and condemn any Ship

or Goods, or any other Jurisdiction or Authority of or

exerciseable by a Prize Court.

_Commencement._

[Sidenote: Commencement of Act.]

56. This Act shall commence on the Commencement of The Naval Agency and

Distribution Act, 1864.

APPENDIX XI

THE PRIZE COURTS ACTS, 1894

57 & 58 VICT., CHAPTER 39

An Act to make further provision for the establishment of

Prize Courts, and for other purposes connected therewith.

[_17th August 1894._]

Be it enacted by the Queen's most Excellent Majesty, by and with the

advice and consent of the Lords Spiritual and Temporal, and Commons, in

this present Parliament assembled, and by the authority of the same, as

follows:

[Sidenote: Short Title.]

1. This Act may be cited as the Prize Courts Act, 1894.

[Sidenote: Constitution of Prize Courts in British Possessions.]

2.--(1) Any commission, warrant, or instructions from Her Majesty the

Queen or the Admiralty for the purpose of commissioning or regulating

the procedure of a prize court at any place in a British possession may,

notwithstanding the existence of peace, be issued at any time, with a

direction that the court shall act only upon such proclamation as

herein-after mentioned being made in the possession.

(2) Where any such commission, warrant, or instructions have been

issued, then, subject to instructions from Her Majesty, the Vice-Admiral

of such possession may, when satisfied, by information from a Secretary

of State or otherwise, that war has broken out between Her Majesty and

any foreign State, proclaim that war has so broken out, and thereupon

the said commission, warrant, and instructions shall take effect as if

the same had been issued after the breaking out of such war and such

foreign State were named therein.

[Sidenote: 53 & 54 Vict. c. 27.]

(3) The said commission and warrant may authorise either a

Vice-Admiralty Court or a Colonial Court of Admiralty, within the

meaning of the Colonial Courts of Admiralty Act, 1890, to act as a prize

court, and may establish a Vice-Admiralty Court for that purpose.

(4) Any such commission, warrant, or instructions may be revoked or

altered from time to time.

(5) A court duly authorised to act as a prize court during any war

shall after the conclusion of the war continue so to act in relation to,

and finally dispose of, all matters and things which arose during the

war, including all penalties and forfeitures incurred during the war.

[Sidenote: Rules of Court for and Fees in Prize Courts. 27 & 28 Vict. c.

25.]

3.--(1) Her Majesty the Queen in Council may make rules of court for

regulating, subject to the provisions of the Naval Prize Act, 1864, and

this Act, the procedure and practice of prize courts within the meaning

of that Act, and the duties and conduct of the officers thereof, and of

the practitioners therein, and for regulating the fees to be taken by

the officers of the courts, and the costs, charges, and expenses to be

allowed to the practitioners therein.

(2) Every rule so made shall, whenever made, take effect at the time

therein mentioned, and shall be laid before both Houses of Parliament,

and shall be kept exhibited in a conspicuous place in each court to

which it relates.

[Sidenote: 27 & 28 Vict. c. 25.]

(3) This section shall be substituted for section thirteen of the Naval

Prize Act, 1864, which section is hereby repealed.

[Sidenote: 53 & 54 Vict c. 27.]

(4) If any Colonial Court of Admiralty within the meaning of the

Colonial Courts of Admiralty Act, 1890, is authorised under this Act or

otherwise to act as a prize court, all fees arising in respect of prize

business transacted in the court shall be fixed, collected, and applied

in like manner as the fees arising in respect of the Admiralty business

of the court under the said Act.

[Sidenote: As to Vice-Admiralty Courts.]

4. Her Majesty the Queen in Council may make rules of court for

regulating the procedure and practice, including fees and costs, in a

Vice-Admiralty Court, whether under this Act or otherwise.

[Sidenote: Repeal of 39 & 40 Geo. 3, c. 79, s. 25.]

5. Section twenty-five of the Government of India Act, 1800, is hereby

repealed.

APPENDIX XII

NAVAL PRIZE BILL OF 1911

_Passed by the House of Commons, but thrown out by the House

of Lords_

A Bill to Consolidate, with Amendments, the Enactments

relating to Naval Prize of War.

Whereas at the Second Peace Conference held at The Hague in the year

nineteen hundred and seven a Convention, the English translation whereof

is set forth in the First Schedule to this Act, was drawn up, but it is

desirable that the same should not be ratified by His Majesty until such

amendments have been made in the law relating to naval prize of war as

will enable effect to be given to the Convention:

And whereas for the purpose aforesaid it is expedient to consolidate the

law relating to naval prize of war with such amendments as aforesaid and

with certain other minor amendments:

Be it therefore enacted by the King's most Excellent Majesty, by and

with the advice and consent of the Lords Spiritual and Temporal, and

Commons, in this present Parliament assembled, and by the authority of

the same, as follows:--

PART I.--COURTS AND OFFICERS.

_The Prize Court in England._

[Sidenote: The High Court. [54 & 55 Vict. c. 53, s. 4.]]

1.--(1) The High Court shall, without special warrant, be a prize court,

and shall, on the high seas, and throughout His Majesty's Dominions, and

in every place where His Majesty has jurisdiction, have all such

jurisdiction as the High Court of Admiralty possessed when acting as a

prize court, and generally have jurisdiction to determine all questions

as to the validity of the capture of a ship or goods, the legality of

the destruction of a captured ship or goods, and as to the payment of

compensation in respect of such a capture or destruction.

For the purposes of this Act the expression "capture" shall include

seizure for the purpose of the detention, requisition, or destruction of

any ship or goods which, but for any convention, would be liable to

condemnation, and the expressions "captured" and "taken as prize" shall

be construed accordingly, and where any ship or goods have been so

seized the court may make an order for the detention, requisition, or

destruction of the ship or goods and for the payment of compensation in

respect thereof.

(2) Subject to rules of court, all causes and matters within the

jurisdiction of the High Court as a prize court shall be assigned to the

Probate, Divorce, and Admiralty Division of the Court.

[Sidenote: Power of High Court to enforce decrees of other courts. [27 &

28 Vict. c. 25. s. 4.]]

2. The High Court as a prize court shall have power to enforce any order

or decree of a prize court in a British possession, and any order of the

Supreme Prize Court constituted under this Act in a prize appeal.

_Prize Courts in British Possessions._

[Sidenote: Prize courts in British possessions. [57 & 58 Vict. c. 39. s.

2 (1) and (3). 53 & 54 Vict. c. 27, s. 2 (3) and s. 9.] 53 & 54 Vict. c.

27.]

3. His Majesty may, by commission addressed to the Admiralty, empower

the Admiralty to authorise, and the Admiralty may thereupon by warrant

authorise, either a Vice-Admiralty court or a Colonial Court of

Admiralty, within the meaning of the Colonial Courts of Admiralty Act,

1890, to act as a prize court in a British possession, or may in like

manner establish a Vice-Admiralty court for the purpose of so acting;

and any court so authorised shall, subject to the terms of the warrant

from the Admiralty, have all such jurisdiction as is by this Act

conferred on the High Court as a prize court.

Commissions. [57 & 58 Vict. c. 39, s. 2 (1), (2).]

4.--(1) Any commission, warrant, or instructions from His Majesty the

King or the Admiralty for the purpose of commissioning a prize court at

any place in a British possession may, notwithstanding the existence of

peace, be issued at any time, with a direction that the court shall act

only upon such proclamation as herein-after mentioned being made in the

possession.

(2) Where any such commission, warrant, or instructions have been

issued, then, subject to instructions from His Majesty the Vice-Admiral

of such possession may, when satisfied by information from a Secretary

of State or otherwise that war has broken out between His Majesty and

any foreign State, proclaim that war has so broken out, and thereupon

the said commission, warrant, and instructions shall take effect as if

the same had been issued after the breaking out of such war and such

foreign State were named therein.

(3) Any such commission, warrant, or instructions may be revoked or

altered from time to time.

[Sidenote: Enforcement of orders.]

5. Every prize court in a British possession shall enforce within its

jurisdiction all orders and decrees of the High Court and of any other

prize court in a British possession in prize causes, and all orders of

the Supreme Prize Court constituted under this Act in prize appeals.

[Sidenote: Remuneration of certain judges of prize courts in a British

possession. [27 & 28 Vict. c. 25, ss. 10, 11.] 53 & 54 Vict. c. 27.]

6.--(1) His Majesty in Council may, with the concurrence of the

Treasury, grant to the judge of any prize court in a British possession,

other than a Colonial Court of Admiralty within the meaning of the

Colonial Courts of Admiralty Act, 1890, remuneration, at a rate not

exceeding five hundred pounds a year, payable out of money provided by

Parliament, subject to such regulations as seem meet.

(2) A judge to whom remuneration is so granted shall not be entitled to

any further emolument, arising from fees or otherwise, in respect of

prize business transacted in his court.

(3) An account of all such fees shall be kept by the registrar of the

court, and the amount thereof shall be carried to and form part of the

Consolidated Fund of the United Kingdom.

[Sidenote: Returns from prize courts in British possessions. [27 & 28

Vict. c. 25, s. 12.]]

7. The registrar of every prize court in a British possession shall, on

the first day of January and first day of July in every year, make out a

return (in such form as the Admiralty from time to time direct) of all

cases adjudged in the court since the last half-yearly return, and shall

with all convenient speed send the same to the Admiralty registrar of

the Probate, Divorce, and Admiralty Division of the High Court, who

shall keep the same in the Admiralty registry of that Division, and who

shall as soon as conveniently may be, send a copy of the returns of each

half year to the Admiralty, and the Admiralty shall lay the same before

both houses of Parliament.

[Sidenote: Fees. [57 & 58 Vict. c. 39 s. 3 (4).] 53 & 54 Vict. c. 27.]

8. If any Colonial Court of Admiralty within the meaning of the Colonial

Courts of Admiralty Act, 1890, is authorised under this Act or otherwise

to act as a prize court, all fees arising in respect of prize business

transacted in the court shall be fixed, collected, and applied in like

manner as the fees arising in respect of the Admiralty business of the

court under the first-mentioned Act.

_Appeals._

[Sidenote: Appeals to Supreme Prize Court. [54 & 55 Vict. c. 53, s. 4

(3).]]

9.--(1) Any appeal from the High Court when acting as a prize court, or

from a prize court in a British possession, shall lie only to a court

(to be called the Supreme Prize Court) consisting of such members for

the time being of the Judicial Committee of the Privy Council as may be

nominated by His Majesty for that purpose.

(2) The Supreme Prize Court shall be a court of record with power to

take evidence on oath, and the seal of the court shall be such as the

Lord Chancellor may from time to time direct.

(3) Every appeal to the Supreme Prize Court shall be heard before not

less than three members of the court sitting together.

(4) The registrar and other officers for the time being of the Judicial

Committee of the Privy Council shall be registrar and officers of the

Supreme Prize Court.

[Sidenote: Procedure on, and conditions of, appeals. [27 & 28 Vict. c.

25, s. 5.]]

10.--(1) An appeal shall lie to the Supreme Prize Court from any order

or decree of a prize court, as of right in case of a final decree, and

in other cases with the leave of the court making the order or decree or

of the Supreme Prize Court.

(2) Every appeal shall be made in such manner and form and subject to

such conditions and regulations (including regulations as to fees,

costs, charges, and expenses) as may for the time being be directed by

order in Council.

[Sidenote: Jurisdiction of the Supreme Prize Court in prize appeals. [27

& 28 Vict. c. 25, s. 6; 54 & 55 Vict. c. 53, s. 4 (3).]]

11. The Supreme Prize Court shall have jurisdiction to hear and

determine any such appeal, and may therein exercise all such powers as

are under this Act vested in the High Court, and all such powers as were

wont to be exercised by the Commissioners of Appeal or by the Judicial

Committee of the Privy Council in prize causes.

_Rules of Court._

[Sidenote: Rules of court. [57 & 58 Vict c. 39, s. 3.]]

12. His Majesty in Council may make rules of court for regulating,

subject to the provisions of this Act, the procedure and practice of the

Supreme Prize Court and of the Prize Courts within the meaning of this

Act, and the duties and conduct of the officers thereof, and of the

practitioners therein, and for regulating the fees to be taken by the

officers of the courts, and the costs, charges, and expenses to be

allowed to the practitioners therein.

_Officers of Prize Courts._

[Sidenote: Prohibition of officer of prize court acting as advocate, &c.

[27 & 28 Vict. c. 25, ss. 14, 15.]]

13. It shall not be lawful for any registrar, marshal, or other officer

of the Supreme Prize Court or of any other prize court, directly or

indirectly to act or be in any manner concerned as advocate, proctor,

solicitor, or agent, or otherwise, in any prize appeal or cause.

[Sidenote: Protection of persons acting in execution of Act. [27 & 28

Vict. c. 25, s. 51.]]

14. The Public Authorities Protection Act, 1893, shall apply to any

action, prosecution, or other proceeding against any person for any act

done in pursuance or execution or intended execution of this Act or in

respect of any alleged neglect or default in the execution of this Act

whether commenced in the United Kingdom or elsewhere within His

Majesty's dominions.

_Continuance of Proceedings._

[Sidenote: Continuance of proceedings after conclusion of war. [57 & 58

Vict. c. 39, s. 2 (5).]]

15. A court duly authorised to act as a prize court during any war shall

after the conclusion of the war continue so to act in relation to, and

finally dispose of, all matters and things which arose during the war,

including all penalties, liabilities and forfeitures incurred during the

war.

Part II.--PROCEDURE IN PRIZE CAUSES.

[Sidenote: Custody of ships taken as prize. [27 & 28 Vict. c. 25, s.

16.]]

16. Where a ship (not being a ship of war) is taken as prize, and is or

is brought within the jurisdiction of a prize court, she shall forthwith

be delivered up to the marshal of the court, or, if there is no such

marshal, to the principal officer of customs at the port, and shall

remain in his custody, subject to the orders of the court.

[Sidenote: Bringing in of ship papers. [27 & 28 Vict. c. 25, s. 17.]]

17.--(1) The captors shall in all cases, with all practicable speed,

bring the ship papers into the registry of the court.

(2) The officer in command, or one of the chief officers of the

capturing ship, or some other person who was present at the capture and

saw the ship papers delivered up or found on board, shall make oath that

they are brought in as they were taken, without fraud, addition,

subduction, or alteration, or else shall account on oath to the

satisfaction of the court for the absence or altered condition of the

ship papers or any of them.

(3) Where no ship papers are delivered up or found on board the captured

ship, the officer in command, or one of the chief officers of the

capturing ship, or some other person who was present at the capture,

shall make oath to that effect.

[Sidenote: Examination of persons from captured ship. [27 & 28 Vict. c.

25, s. 19.]]

18. The captors shall also, unless the court otherwise directs, with all

practicable speed after the captured ship is brought into port, bring a

convenient number of the principal persons belonging to the captured

ship before the judge of the court or some person authorised in this

behalf, by whom they shall be examined on oath.

[Sidenote: Delivery of ship on bail. [27 & 28 Vict. c. 25, s. 25.]]

19. The court may, if it thinks fit, at any time after a captured ship

has been appraised direct that the ship be delivered up to the claimant

on his giving security to the satisfaction of the court to pay to the

captors the appraised value thereof in case of condemnation.

[Sidenote: Power to order sale. [27 & 28 Vict. c. 25, ss. 26 & 27.]]

20. The court may at any time, if it thinks fit, on account of the

condition of the captured ship, or on the application of a claimant, or

on or after condemnation, order that the captured ship be appraised (if

not already appraised), and be sold.

[Sidenote: Power to award compensation notwithstanding release of ship.]

21. Where a ship has been taken as prize, a prize court may award

compensation in respect of the capture notwithstanding that the ship has

been released, whether before or after the institution of any

proceedings in the court in relation to the ship.

[Sidenote: Application and effect of Part II. [27 & 28 Vict. c. 25, s.

31.]]

22.--(1) The provisions of this Part of this Act relating to ships shall

extend and apply, with the necessary adaptations, to goods taken as

prize.

(2) The provisions of this Part of this Act shall have effect subject to

any rules of court dealing with the subject-matter thereof.

Part III.--INTERNATIONAL PRIZE COURT.

[Sidenote: Appointment of British judge and deputy judge of

International Court. [_See_ 39 & 40 Vict. c. 59, s. 6.]]

23.--(1) In the event of an International Prize Court being constituted

in accordance with the said Convention or with any Convention entered

into for the purpose of enabling any power to become a party to the said

Convention or for the purpose of amending the said Convention in matters

subsidiary or incidental thereto (hereinafter referred to as the

International Prize Court), it shall be lawful for His Majesty from time

to time to appoint a judge and deputy judge of the court.

(2) A person shall not be qualified to be appointed by His Majesty a

judge or deputy judge of the court unless he has been, at or before the

time of his appointment, the holder, for a period of not less than two

years, of some one or more of the offices described as high judicial

offices by the Appellate Jurisdiction Act, 1876, as amended by any

subsequent enactment.

[Sidenote: Payment of contribution towards expenses of International

Prize Court.]

24. Any sums required for the payment of any contribution towards the

general expenses of the International Prize Court payable by His Majesty

under the said Convention shall be charged on and paid out of the

Consolidated Fund and the growing proceeds thereof.

[Sidenote: Appeals to International Prize Court.]

25. In cases to which this Part of this Act applies an appeal from the

Supreme Prize Court shall lie to the International Prize Court.

[Sidenote: Transfer of cases to the International Prize Court.]

26. If in any case to which this Part of this Act applies final judgment

is not given by the prize court, or on appeal by the Supreme Prize

Court, within two years from the date of the capture, the case may be

transferred to the International Prize Court.

[Sidenote: Rules as to appeals and transfers to International Prize

Court.]

27. His Majesty in Council may make rules regulating the manner in which

appeals and transfers under this Part of this Act may be made and with

respect to all such matters (including fees, costs, charges, and

expenses) as appear to His Majesty to be necessary for the purpose of

such appeals and transfers, or to be incidental thereto or consequential

thereon.

[Sidenote: Enforcement of orders of International Prize Court.]

28. The High Court and every prize court in a British possession shall

enforce within its jurisdiction all orders and decrees of the

International Prize Court in appeals and cases transferred to the Court

under this Part of this Act.

[Sidenote: Application of Part III.]

29. This part of this Act shall apply only to such cases and during such

period as may for the time being be directed by Order in Council, and

His Majesty may by the same or any other Order in Council apply this

Part of this Act subject to such conditions, exceptions and

qualifications as may be deemed expedient.

Part IV.--PRIZE SALVAGE AND PRIZE BOUNTY.

_Prize Salvage._

[Sidenote: Salvage to re-captors of British ship or goods from enemy.]

30. Where any ship or goods belonging to any of His Majesty's subjects,

after being taken as prize by the enemy, is or are retaken from the

enemy by any of His Majesty's ships of war, the same shall be restored

by decree of a prize court to the owner.

[Sidenote: Permission to recaptured ship to proceed on voyage and

postponement of proceedings. [27 & 28 Vict. c. 25, s. 41.]]

31.--(1) Where a ship belonging to any of his Majesty's subjects, after

being taken as prize by the enemy, is retaken from the enemy by any of

His Majesty's ships 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 His

Majesty's dominions.

(2) The master or owner, or his agent, may, with the consent of the

re-captors, unload and dispose of the goods on board the ship before

adjudication.

(3) If the ship does not, within six months, return to a port of His

Majesty's dominions, the re-captors may nevertheless institute

proceedings against the ship or goods in the High Court, or in any prize

court in a British possession, 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 ship or goods, or in the same

manner as a judgment of the court in which the proceedings are

instituted may be enforced.

_Prize Bounty._

[Sidenote: Prize bounty to officers and crew present in case of capture

or destruction of enemy's ship. [27 & 28 Vict. c. 25, s. 42.]]

32. If, in relation to any war, His Majesty is pleased to declare, by

proclamation or Order in Council, his intention to grant prize bounty to

the officers and crews of his ships of war, then such of the officers

and crew of any of His Majesty's ships of war as are actually present at

the taking or destroying of any armed ship of any of His Majesty's

enemies shall be entitled to have distributed among them as prize bounty

a sum calculated at such rates and in such manner as may be specified in

the proclamation or Order in Council.

[Sidenote: Ascertainment of amount of prize bounty. [27 & 28 Vict. c.

25, s. 43.]]

33.--(1) A prize court shall make a decree declaring the title of the

officers and crew of His Majesty's ship to the prize bounty, and stating

the amount thereof.

(2) The decree shall be subject to appeal as other decrees of the court.

Part V.--SPECIAL CASES OF JURISDICTION.

[Sidenote: Jurisdiction in case of capture in land expedition. [27 & 28

Vict. c. 25, s. 34.]]

34. Where, in an expedition of any of His Majesty's naval or naval and

military forces against a fortress or possession on land goods belonging

to the state of the enemy, or to a public trading company of the enemy

exercising powers of government, are taken in the fortress or

possession, or a ship is taken in waters defended by or belonging to the

fortress or possession, a prize court shall have jurisdiction as to the

goods or ships so taken, and any goods taken on board the ship, as in

case of prize.

[Sidenote: Jurisdiction in case of prize taken in expedition with ally.

[27 & 28 Vict. c. 25, s. 35.]]

35. Where any ship or goods is or are taken by any of His Majesty's

naval or naval and military forces while acting in conjunction with any

forces of any of His Majesty's allies, a prize court shall have

jurisdiction as to the same as in case of prize, and shall have power,

after condemnation, to apportion the due share of the proceeds to His

Majesty's ally, the proportionate amount and the disposition of which

share shall be such as may from time to time be agreed between His

Majesty and His Majesty's ally.

[Sidenote: Jurisdiction of High Court on petitions of right as under 23

& 24 Vict. c. 34. [27 & 28 Vict. c. 25, s. 52.]]

36.--(1) In any case where a petition of right under the Petitions of

Right Act, 1860, is presented and the subject-matter of the petition or

any material part thereof arises out of the exercise of any belligerent

right on behalf of the Crown, or would be cognizable in a prize court

within His Majesty's dominions if the same were a matter in dispute

between private persons, the petition may, if the subject thinks fit, be

intituled in the High Court as a prize court.

(2) Any petition of right under the last-mentioned Act, whether

intituled in the High Court or not, may be prosecuted in that court if

the Lord Chancellor thinks fit so to direct.

(3) The provisions of this Act relative to appeal, and to the making of

orders for regulating the procedure and practice of the High Court as a

prize court, shall extend to the case of any such petition of right

intituled or directed to be prosecuted in that court; and, subject

thereto, all the provisions of the Petitions of Right Act, 1860, shall

apply with such adaptations as may be necessary in the case of any such

petition of right; and for the purposes of this section the terms

"court" and "judge" in that Act shall respectively be understood to

include the High Court as a prize court and the judges thereof, and

other terms shall have the respective meanings given to them in that

Act.

Part VI.--OFFENCES.

[Sidenote: Offences by captors. [27 & 28 Vict. c. 25, s. 37.]]

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 His

Majesty's instructions relating to prize, or of any act of disobedience

to the orders of the Admiralty, or to the command of a superior officer,

committed by the captors in relation to any ship or goods taken as

prize, or in relation to any person on board any such ship, may, on

condemnation, reserve the prize to His Majesty's disposal,

notwithstanding any grant that may have been made by His Majesty in

favour of captors.

[Sidenote: Perjury. [27 & 28 Vict. c. 25, s. 50.]]

38. 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.

[Sidenote: Disobedience to, or desertion of, convoy. [27 & 28 Vict. c.

25, s. 46.]]

39. If the master or other person having the command of any British ship

under the convoy of any of His Majesty's ships 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 at the suit of His Majesty in His

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.

Part VII.--MISCELLANEOUS PROVISIONS.

_Ransom._

[Sidenote: Power for regulating ransom by Order in Council. [27 & 28

Vict. c. 25, s. 45.]]

40.--(1) His Majesty in Council may, in relation to any war, make such

orders as may seem expedient according to circumstances 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 ship or goods belonging to any of His Majesty's

subjects, and taken as prize by any of His Majesty's enemies.

(2) Any contract or agreement entered into, and any bill, bond, or other

security given for ransom of any ship or goods, shall be under the

exclusive jurisdiction of the High Court as a prize court (subject to

appeal to the Supreme Prize Court), 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.

(3) If any person ransoms or enters into any contract or agreement for

ransoming any ship 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 at the suit of His Majesty in His Office of

Admiralty, and on conviction to be fined, in the discretion of the

Court, any sum not exceeding five hundred pounds.

_Customs Duties and Regulations._

[Sidenote: Prize ships and goods liable to customs duties and

forfeiture. [27 & 28 Vict. c. 25, s. 47.]]

41.--(1) All ships and goods taken as prize and brought into a port of

His Majesty's dominions 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 in force at the port may be chargeable on other ships and goods

of the like description.

(2) 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 Customs authority 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 as to prize ships and goods. [27 & 28

Vict. c. 25, s. 48.]]

42. Where any ship or goods taken as prize is or are brought into a port

of His Majesty's dominions, the master or other person in charge or

command of the ship 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 ship and goods,

giving such particulars relating thereto as may be in his power, and

shall truly answer all questions concerning such ship 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 in force at the port

are enforced, and every such ship shall be liable to such searches as

other ships are liable to, and the officers of the customs may freely go

on board such ship and bring to the King's or other warehouse any goods

on board the same, subject, nevertheless, to such regulations in respect

of ships of war belonging to His Majesty as shall from time to time be

issued by His Majesty.

[Sidenote: Sale of prize goods and power to remit customs duties. [27 &

28 Vict. c. 25, s. 49.]]

43. 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 Customs authority may remit the whole or

such part of the said duties as they see fit.

_Capture by Ship other than a Ship of War._

[Sidenote: Prizes taken by Ships other than ships of war to be droits of

Admiralty. [27 & 28 Vict. c. 25, s. 39.]]

44. Any ship or goods taken as prize by any of the officers and crew of

a ship other than a ship of war of His Majesty shall, on condemnation,

belong to His Majesty in His office of Admiralty.

_Supplemental._

[Sidenote: Saving for rights of Crown; effect of treaties, &c. [27 & 28

Vict. c. 25, s. 55.]]

45. Nothing in this Act shall--

(1) give to the officers and crew of any of His Majesty's ships of

war any right or claim in or to any ship or goods taken as prize

or the proceeds thereof, it being the intent of this Act that such

officers and crews shall continue to take only such interest (if

any) in the proceeds of prizes as may be from time to time granted

to them by the Crown; or

(2) affect the operation of any existing treaty or convention with

any foreign power; or

(3) take away or abridge the power of the Crown to enter into any

treaty or convention with any foreign power containing any

stipulation that may seem meet concerning any matter to which this

Act relates; or

(4) take away, abridge, or control, further or otherwise than as

expressly provided by this Act, any right, power, or prerogative

of His Majesty the King in right of His Crown, or in right of His

office of Admiralty, or any right or power of the Admiralty; or

(5) take away, abridge, or control, further or otherwise than as

expressly provided by this Act, the jurisdiction or authority of a

prize court to take cognizance of and judicially proceed upon any

capture, seizure, prize, or reprisal of any ship or goods, and to

hear and determine the same, and, according to the course of

Admiralty and the law of nations, to adjudge and condemn any ship

or goods, or any other jurisdiction or authority of or

exerciseable by a prize court.

[Sidenote: Power to make Orders in Council. [27 & 28 Vict. c. 25, ss.

53, 54.]]

46.--(1) His Majesty in Council may from time to time make such Orders

in Council as seem meet for the better execution of this Act.

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