in the British dominions jurisdiction belongs to the Admiralty
and Vice-Admiralty Courts respectively, with an appeal to
the Lord Commissioners of Prize Causes selected from the
Privy Council
the execution of a definitive sentence is not suspended by appeal,
where the parties appellate give security to the satisfaction
of the Court for costs and restitution in value
an appeal must be prosecuted by taking out an inhibition within
twelve months
a party entering an appeal, who was not a party in the first
instance, must at the same time enter his claim, otherwise the
appeal is null and void
an inhibition cannot be granted after twelve months unless by
leave of the Court, which cannot be granted after distribution
of proceeds
in case of appeal the Court, at the request, &c., may order the
capture to be appraised and delivered to the captor or claimant,
giving security for restitution in value, and may give the
claimant a pass or safe-conduct under his seal; or in case of
objection to security, may order the capture to be sold and
the proceeds vested, &c.
agents may be compelled by the Court to vest the proceeds of
condemned property in public securities till the time of appeal
is elapsed
agents cannot retain the proceeds of one prize to discharge the
liabilities of other seizures, without consent of all parties
interested
distribution of proceeds by agents may be enforced after time
of appeal, or subject to appeal where the prize sailed under
the flag and pass of the enemy
. ii. 373
appraisements of prizes of ships of war are to be made by agents
of officers and crew
agents, in case of appeal, may be ordered to bring proceeds into
Court, and allowed to retain for the expenses
agent may be ordered by the Court of Appeal, at the requisition
of the captors or claimants, to bring proceeds into Court, to
be laid out at the discretion of the Court on the application
of the captors or claimants
for the protection of sureties after sentence reversed, the pro-
ceeds of the sale of any capture (deducting expenses), unless
made fraudulently or without due care, shall be deemed its
full value
PUBLIC MINISTER. See Ambassador.
PUFFENDORF,
character of his work
contract at sea for the release and safe conduct of a captured
vessel
copy of ransom-bill operates as safe conduct
by the French law grant of safe conduct cannot exceed six
weeks
and the port of destination must be expressly mentioned ii. 270
safe conduct binds the allies of the captor's sovereign
ii. 271
a ransom-bill binds the owners, the ship and cargo to the extent
of their respective interests
liability of owners is discharged by abandonment of ship and
cargo
a hostage is not essential to the validity of a ransom-bill
a hostage has a right of action to compel payment
where the money arising from the sale of a ship and cargo is
brought into the Admiralty Court, it cannot be taken out till
the hostage is released
where the vessel ransomed is lost by storms, the ransom-bill is
not discharged unless it be expressly so stipulated
where a vessel is captured a second time for deviating or after
expiration of safe conduct, the ransom-bill is discharged as
against the owners, and is a charge upon the vessel and cargo
the ransom-bill is discharged where the captor's vessel is taken
with the ransom-bill or hostage on board, and it cannot be
revived by recapture
secus, where the vessel is captured with the ransom-bill
concealed on board
the ransom-bill is not discharged by the death or escape of the
hostage
a captor being an alien enemy, cannot maintain an action in the
municipal Courts of England
ransom is prohibited by the law of England, except in
necessity to be allowed by the Court of Admiralty
the purchase of a captured vessel from the captor in a neutral
port, before condemnation, is within the prohibition
RECAPTURE. See Salvage.
must be authorized by sovereign authority
any injury followed by denial of justice, is
i. 186. 191
ground of
i. 187. 193, 194
delay of justice beyond a reasonable time, amounts to denial i. 195
time limited by various treaties to four months
such limitation deemed by Valin declaratory of the law of
where the injury is a proper subject of judicial investigation,
and Courts are open and indifferent to foreigners and natives,
and the Judges are left free, recourse must first be had to
Courts of justice
a sentence is presumed to be just when the matter is doubtful
exemptions from, of debts due from the sovereign making
reprisals
of the property of ambassadors
the property of persons not domiciled
grant of private letters of marque for the purpose of, obsolete
restitution on, is not due where condemnation or
intervened before recapture .
or vessels have been set forth to war by the enemy
British ships recaptured are restored on salvage of
to king's ships, and one-sixth to privateers
a convoying ship may be entitled to
to constitute capture it is sufficient if the vessel is in power of
the enemy, though not in his actual possession
the prevention of a rescue amounts to recapture
cases of donation are equivalent to recapture
preventing a ship from going into an enemy's port does not
amount to recapture
a vessel released on bail is not subject to recapture
right of recaptors to salvage revives, when a sentence of con-
demnation is remitted by sovereign authority
allied ships are allowed the benefit of the English rule until it
appears that they act upon a less liberal rule
when that appears the Court applies to them their own rule ii. 285
neutral ships not liable to salvage on recapture, unless subject
to condemnation by the practice of the captor's Courts ii. 285, 286
salvage is due under the Prize Act for vessels recaptured by a
conjoint naval and military force
a land force may be entitled to salvage, salvage given on recap-
ture of British vessels in Oporto by the British and Portu-
but a native army and their allies are not entitled to salvage
for the recapture of native vessels in a port of their country ii. 288
ship is not entitled to salvage for the rescue of an associated
ship
non-commissioned recaptors are entitled to
the owners of a non-commissioned vessel are not salvors, but
are entitled to equitable consideration of damages and risk ii. 290
salvage is estimated on the value on arrival at the place of resti-
where a privateer and king's ship were joint recaptors, one-
sixth salvage was decreed to be apportioned according to
their respective forces
where a king's ship was constructive recaptor with a privateer,
the king's ship was decreed to share in the proportion of
an eighth
salvage is due on freight where recapture enables the ship to
proceed on her return voyage
civil may be added to military salvage
the crew of a vessel are entitled to salvage for rescuing their
the property of an allied sovereign and his subjects on board a
British ship recaptured were restored without salvage
claims to salvage might be forfeited by misconduct
persons dispossessing salvors without reasonable cause can take
no advantage of their own wrong
a captor, whose prize has been recaptured or rescued, is not
entitled to restitution on salvage where the prize is captured
a second time
SEARCH, RIGHT OF,
attaches to all merchant vessels
resistance of, ground of condemnation
sailing under convoy of the enemy, amounts to resistance. ii. 125
or under neutral convoy instructed to resist search . ii. 124
so where goods are knowingly put on board an armed and
commissioned vessel of the enemy
secus, where the vessel is not commissioned
actual resistance, no offence where war is not known.
search of vessels under Danish, Swedish, or Russian neutral
convoy, interdicted to privateers by treaty
a king's ship is bound by treaty to keep out of gun shot if
possible, and to send a boat on board the convoying ship
to verify papers and certificates .
such ships so convoyed may be visited by a king's ship, and cap-
tured in case of valid suspicion
Swedish ships may be searched in case of just and urgent cause
of suspicion, though furnished with certificates under the
Swedish treaty
in the case of French neutral vessels, the belligerent ship
must remain out of cannon shot, and can only require the
production of the passport required by the treaty of Utrecht,
unless there be ground of suspicion, and cannot bring in for
adjudication unless contraband appears on the face of the
certificate
in the case of Dutch neutral vessels the same rules apply; but
if contraband appear on the face of the certificate, and the
master is content to deliver the contraband goods, his vessel
cannot be detained
Moorish vessels, not trading between the ports of an enemy, are
exempt from search on production of the passport and certifi-
cate required by the treaty
SHIP. See National Character of.
title to can only be asserted by those who claim under a bill of
sale
equitable interests and liens not recognised
but where money had been advanced on bottomry to enable a
neutral ship, with an enemy's cargo discharged on bail, to
continue her voyage, it was held a charge on the freight. ii. 154
enemy's ship, sale of in time of war, must be absolute and un-
conditional to transfer the property
subject to condition of defeasance invalid
when made to an agent in an enemy's country, letter of
procuration must be exhibited in proof of title . ii. 90
enemy's ship of war, sale of in a neutral port in which she had
taken refuge invalid
prize ship, bill of sale and sentence of condemnation generally
sufficient to establish title to
follows th
on boar
perty
shipped
transi
contract
war, i
an absol
signed
goods so
vendo
goods shi
a hous
of the
where th
perty r
where ap
shipper
where co
remain
in case
counte
produce c
of the
ars Courtes 1. 285, 286
I retured by a
ar nut entided to salvage
|