Page:Encyclopædia Britannica, Ninth Edition, v. 19.djvu/791

PRIZE 767 United States have never prohibited ransom bills. The rights of the sovereign to prize may be waived, as was formerly done by the crown of Great Britain in the case of privateers (see PRIVATEER). Many statutes dealing with prize have been enacted at different times in England. The first general Prize Act was 6 Anne c. 13. The Act that now regulates prize is the Naval Prize Act, 1864, already referred to. Various offences in relation to prize are dealt with by the Naval Prize Act and the Naval Discipline Act. Such are false swearing in a prize cause or appeal, taking money, &c., out of a ship before condemnation, ill-using persons on board the prize, &c., or breaking bulk with a view to embezzlement. Prize is subject to the usual customs regulations. The United States Prize Act is the Act of June 30, 1864, just seven days later in date than the British Prize Act. The two Acts are similar in character, but the United States Act is more full and definite than the British, as it deals with some matters which in Great Britain are left to the discretion of the executive. Prize Court. This is a court sitting by the commission of the the sovereign of the captor for the determination of prize causes. A capture does not become good prize until condemnation by a prize court. As a general rule the court must be commissioned by the sovereign, must sit in the country of the captor, and must be in possession of the prize. In the case of allied powers, it is usually agreed (as it was between Great Britain and France in 1854) that the decision shall be made by a court of the country to which the officer in command belongs. A prize court may sit in the territory of an ally, though this is irregular ; but it is a violation of neutrality to constitute a prize court within the limits of a neutral power. A prize may, however, in case of necessity be brought into a neutral port and sold there under the decree of a prize court, subject to objection on the part of the neutral Government. The sentence of a prize court is, where the jurisdiction is well-founded, a judgment _w rein and entitled to universal respect. In the British dominions the prize courts are such courts as the crown or parliament invests with authority in prize matters. In practice these are the High Court of Justice (Admiralty Division) and the Vice-Admiralty Courts abroad. By the Naval Prize Act, 1864, the High Court _of Admiralty of England (now represented by the Admiralty Division) has jurisdiction as a prize court throughout the British dominions. It is to be noticed that this jurisdiction is entirely derivative ; the court has no original prize jurisdiction as it has original instance jurisdiction. The prize jurisdiction of Scotch courts was vested in the High Court of Admiralty of England by 6 Geo. IV. c. 120, 57. In the United States (in accordance with Art. III. 2 of the constitution, " The judicial power shall extend to ...... all cases of admiralty and maritime jurisdiction") th e_ prize _ courts are the district courts, the State courts having no jurisdiction. The procedure of a prize court is simple in its character. In Great Britain and the United States standing inter- rogatories_ are administered to the captors. The case is heard upon the depositions of the witnesses in answer to the interrogatories, and upon the ship s papers, which it is the duty of the captor to forward to a port of his country for deposit in the court, The flag is regarded as prima feme evidence of the nationality of a captured vessel. The pleadings are not technical. A libel is filed, followed by a monition to parties interested. If the cause be not prosecuted, the court will issue a monition to the captors to proceed. A prize court has power to order matters incidental to the cause, such as unlivery and appraisement and sale. It also distributes prize money in some cases (see below). The procedure of prize courts in the British dominions may be regulated by order in council under the powers of the Naval Prize Act, 1864; in the United States it depends upon the Prize Act of June 30, 1864. An appeal lies in England from the Admiralty Division to the Court of Appeal and thence to the House of Lords, from the Vice- Admiralty Courts abroad to the Judicial Committee of the Privy Council. In the [Jnited States it lies to the supreme court where the matter in dispute exceeds 2000 dollars, or involves a question of general importance. In addition to prize proper, prize courts have had .jurisdiction in some analogous matters conferred on them by -statute. Thus a prize court in the British dominions has juris diction over (1) enemy s property captured in a conjunct expedi tion of land and naval forces, 2 & 3 Will. IV. c. 53, 30, or captured on land by a naval or naval and military force acting either alone or with allied forces, 27 & 28 Viet. c. 25, 34, 35 ; 1 2) petitions of right where the subject-matter of a petition arises out of the exercise of any belligerent right by the crown, or would be cognizable in a prize court if the same were a matter in dispute between private persons, 52. Questions of booty of war may be referred to the Admiralty Division as a prize court, 3 & 4 Viet, c. 65, 22. The United States prize courts have by the Act of 1854 jurisdiction over property captured in an insurrection. 1 1 For the procedure of prize courts see Story, On Prize Courts ; Phillimore, International Law, vol. iii. j t. xi. ; Lushington, Manual of Kaval Prize law. Prize Money. The term prize money is used in a wider sense than the term prize. It extends to any reward granted by the state for the capture of enemy s property whether by land or sea. (1) The Act consolidating the right to and distribution of army prize money is the Army Prize Act, 1832, 2 & 3 Will. IV. c. 53. The right arid interest of troops to prize money and bounty money is at the discretion of the crown, and is to be distributed in- such propor tions as the crown may direct. It is to be noticed that capture by troops of an enemy s ship in a road, river, haven, or creek of the enemy gives a right to prize money in this sense, though it is not prize proper, not having been captured at sea by an armed ship. Deserters are not entitled to prize money. Shares not claimed within six years are forfeited. A list of persons entitled is trans mitted to Chelsea Hospital, the treasurer of which distributes the money either to such persons or their assignees, or to the regi mental agent, according to the rules laid down in the Act. Prize money may be assigned subject to certain conditions. In the case of officers the assignment must express the consideration money actually paid for the assignment ; in the case of non-commissioned officers or seamen the assignment is only valid where there is no regimental agent. In conjunct expeditions of land and naval forces, the share of the land forces is to be paid to the treasurer of Chelsea Hospital. By 27 & 28 Viet. c. 36, 3, prize money not exceeding 50 may be paid without probate or letters of administration. By 39 Viet. c. 14, the accounts are to be laid before parliament. In the United States provision was made by several Acts of Congress that officers and soldiers who had served in certain wars should be entitled to warrants for bounty -lands as a reward for their services. (2) For the right to prize money where the captor at sea is not a public ship of war, see PRIVATEEK. Where the captor is a public ship of war of Great Britain, the officers and crew have only such interest in the proceeds of prize as the crown may from time to time grant them. This interest is subject to forfeiture for misconduct in rela tion to the prize, 27 & 28 Viet. c. 25, 36, 55. In the United States, by the Prize Act of 1864, the whole proceeds go to the captor where the prize is of superior or equal force, one-half to the captor and one-half to the United States where the prize is of inferior force. of 5 for each person on board the enemy s ship, if a ship of war 27 &_28 Viet. c. 25, 42. By the United States Act of 1864, the rate is 200 dollars if the prize is of superior or equal force, 100 if of inferior force. The distribution of prize money and prize bounty in Great Britain is regulated by the Naval Agency and Distribution Act, 1864, 27 & 28 Viet. c. 24. The money is distributed under the direction of the lords of the Admiralty in the proportions speci fied in a royal proclamation or order in council. The proportions are graduated according to rank (see vol. xvii. p. 298). Assign ment of a share by a petty officer or seaman or a non-commissioned officer of marines or marine is void unless in accordance with orders in council. All forfeited and unclaimed shares, and a percentage of 5 per cent, out of the proceeds and grants, are carried to the account of the naval prize cash balance. The Admiralty Division has the sole right of determining disputes as to distribution or investment. In the United States the distribution is regulated by the .Act of 1864. The distribution is by the district court; it is a judicial act, not, as in Great Britain, the act of a Government department. The proportions too are fixed by statute not left, as in Great Britain, to the discretion of the executive. The command ing officer of a fleet or squadron has one-twentieth allotted to him, of a division one-fiftieth, a fleet captain one-hundredth, the com mander of a single vessel one-tenth of the amount awarded to the vessel; the residue share in proportion to their pay. Prize money is paid into the treasury of the United States to be distributed according to the decree of the court. Ransom money, salvage, bounty, and proceeds of condemned property are distributable as prize money. Assignments of prize money must be attested by the commanding officer and the paymaster. There are certain cases where money is granted to the officers and crew of vessels making captures which are not prize in the strict sense of the word. Under this head may be classed the salvage on recapture already men tioned, besides the cases provided for in the following enactments. By 22 & 23 Car. II. c. 11, 10, 2 per cent, of the value of the ship defended may be awarded to those wounded and the representatives of those slain in the defence of a merchant ship against pirates. By the Customs Act, 1876, 39 & 40 Viet. c. 36, 210-216, rewards may be granted to officers of the customs out of the penalties for goods seized. By the Slave Trade Act, 1873, 36 & 37 Viet. c. 88, 11, 12, a bounty of 5 per slave or of 4 per ton is payable to the officers and crew of one of Her Majesty s ships upon capture of a slave ship. Where the capture is not by a ship of war, the bounty is one-third of the value of the ship seized, and a bounty of 5 for each slave. By an Act of Congress of March 3, 1819, a bounty of 25 dollars is given for each slave captured, and the proceeds of con demned slave ships are divided between the United States and the

captors, half to each. ( J. Wt. )