collision and proceedings by owners to limit their liability under U.S. Rev. Stats. §§ 4281-9.
The United States admiralty courts have always had jurisdiction in matters of prize (The Prize Cases, 2 Black U.S. Rep. 635). The district courts have exclusive original jurisdiction (except that circuit courts also have jurisdiction when prize is taken from persons in insurrection), and the supreme court of the District of Columbia now has concurrent jurisdiction (U.S. v. Sampson, 1902, 187 U.S. 436) and appeals are direct to the Supreme Court. Special commissioners are appointed on the breaking out of hostilities to act under the orders of the district courts (U.S. Rev. Stats. § 4621, Prize Rule 9; Benedict’s Adm. §509; 680 Pieces Merchandise, 2 Sprague 233). These commissioners take the depositions of witnesses and report to the court the evidence upon which it adjudicates. Proceedings in prize cases must be in conformity with admiralty proceedings, where the seizure is on land (Union Insurance Co. v. U.S., 6 Wallace 759; 2 Parsons Adm. 174). The district courts have all the powers of a court of admiralty whether as instance or prize courts (Glass v. sloop “Betsy,” 3 Dallas 6). To adjudicate in matters of prize is one of the ordinary functions of that court (Benedict’s Adm. § 509).
The admiralty courts have jurisdiction over crimes and offences committed upon vessels belonging to citizens of the United States on the high seas or any arm of the sea or any waters within the admiralty and maritime jurisdiction of the United States (U.S. Rev. Stats. § 5339). High seas include the great lakes (U.S. v. Rogers, 150 U.S. 249). (J. A. Ba.)
Other Countries
In France, and in Belgium, Spain, Portugal, Italy and Greece—countries which have adopted codes based on the Code Napoléon—the civil, or, as it would have been formerly called in England, the “instance,” jurisdiction of the admiralty is exercised by the ordinary tribunals, France, and countries
following France.and there are no separate courts of admiralty for this purpose. France and some other countries have special commercial tribunals, which deal with shipping matters, but also with ordinary commercial cases. France has also tribunaux maritimes commerciaux (Code disciplinaire et penal de la marine marchande du 24 mars 1852, loi du 11 mars 1891) to deal with maritime offences. Austria adopts the French law in commercial matters. Italy had tribunals of commerce, but has given them up. She has, however, by Art. 14 of her Merchant Shipping Code, given jurisdiction to captains of ports to decide collision cases when the sum in dispute does not exceed 200 lire.
In Germany there are no special tribunals for admiralty matters. Kammern für Handelssachen, commercial courts, have been established in Berlin and some of the principal seaports. These deal with shipping matters, but also with all other commercial suits.Germany.
In Denmark, Sweden and Norway there is a maritime code which came into force in Sweden in 1891, in Denmark in 1892, and in Norway in 1893. This was intended to be one code for the three countries; but each country as it finally adopted the code made some modifications of its own. Scandinavian nations.Under this code there are in Norway permanent maritime courts for each town presided over by the judge of the inferior local civil court (civile underdömmer), or if there be more than one such judge then by the president, with two assessors chosen out of a list. Temporary local courts, consisting of the same judge with two other members of nautical skill and knowledge, can be constituted in districts where there are no permanent courts. Appeals lie to the supreme court (Höiesteret.) In Denmark maritime cases are brought before the local courts constituted for maritime and commercial causes (Sö-og-Handelsret.) In Sweden maritime cases are brought before local courts of first instance consisting of a judge and assessors. There is an intermediate appeal to courts of second instance, and then to the supreme court, which finally decides upon all causes civil and commercial.
Maritime cases in Holland are tried by the ordinary civil tribunals, with the same right of appeal.
“By the maritime law of nations universally and immemorially received there is an established method of determination whether the capture be or be not lawful prize. Before the ship or goods can be disposed of by the captor there must be a regular judicial proceeding Prize jurisdiction.wherein both parties may be heard and condemnation thereupon as prize in a court of admiralty judging by the law of nations and treaties. . . . If the sentence of the court of admiralty is thought to be erroneous, there is in every maritime country a superior court of review. . . .” (duke of Newcastle’s letter to M. Michell, secretary to the embassy of the king of Prussia, 1753). “So far as belligerent states do not make a practice of giving up the taking of booty at sea . . . they are required by international law to establish prize tribunals and thus give to their proceedings in the matter of prize a judicial character” (v . Holtzendorff, Rechtslexikon, tit. “Prisengerichte”).
In France till the death of the duke of Montmorency in 1632 prize matters were adjudicated upon by the admiral. The duke had sold the office of admiral some years before his death to Cardinal Richelieu; but about the period of the duke’s death the office of admiral appears to have been abolished, and one of grand master of navigation established in lieu. This new office was first held by Cardinal Richelieu and continued till 1695. The grand master took the admiral’s place in matters of prize; but in 1659 a commission of councillors of state and masters of requests was appointed to assist the grand master and form a Conseil des Prises. From this conseil there was an appeal to the Conseil d’État. When the office of admiral was restored in 1695 he exercised his jurisdiction in prize matters with the assistance of the Conseil des Prises. The appeal was then given to the Conseil Royal des Finances. The Ordonnance sur la marine of August 1681 regulated the procedure. This system continued till the Revolution. The last Conseil des Prises was appointed in 1778. A law of the 14th of February 1793 abolished the Conseil des Prises and gave cognizance of prize matters “provisionally” to the tribunals of commerce. On the 8th of November 1793 (18 Brumaire, an II.) this jurisdiction was taken from the tribunals of commerce and given to the Conseil Exécutif. Later it was given to the Comité de Salut Public. On the 25th of October 1795 (3 Brumaire, an IV.) the jurisdiction was restored to the tribunals of commerce. This was again altered on the 27th of March 1800 (6 Germinal, an VIII.), when a Conseil des Prises was established, consisting of nine councillors of state, a commissary of the government and a secretary, all nominated by the First Consul.
On the 11th of June 1806 an appeal was given to the Conseil d’État. It was disputed among French jurists whether the Conseil des Prises was to be considered as a body actuated only by political considerations or one exercising what the French term an “administrative jurisdiction”; which is, as nearly as a parallel to it can be found in England, administration of justice between individuals and the state.
As most of the cases arising out of the great wars had been dealt with, an ordinance of the 9th of January 1815 suppressed the Conseil des Prises and directed the Comité du contentieux of the Conseil d’État to prepare the remaining prize matters for decision by the Conseil d’État. Such prize matters (probably including captures for trading in slaves) as required to be dealt with till 1854, appear to have been dealt with by this body; an ordinance of the 9th of September 1831 directing that the proceedings before the Conseil d’État should be private, was held to show that the jurisdiction was not political but administrative.
An Imperial decree, however, of the 18th of July 1854 restored the Conseil des Prises, with appeal to the Conseil d’État. This was for the war with Russia. A similar decree was published on the 9th of May 1859 for the war with Austria in Italy.
On the 28th of November 1861 a further decree ordered that the Conseil instituted in 1859 should so long as it was kept in being decide all prize matters; and this Conseil has decided on prizes taken in the wars with Mexico and Germany and in Cochin
