Public-domain · open source
OpenJurist

Prize

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Vessels, cargoes, or other property captured at sea, in pursuance of the laws of war. Such property is said to be made lawful prize, or to be adjudicated or condemned as prize of war. In the United States, the subject of prize is wholly confided to the national judiciary, and the district court, a permanent court, possesses the original jurisdiction. In England, according to Wharton, the prize court is an international tribunal, existing only by virtue of a special commission under the great seal, during war, or until the litigations incident to war have been brought to a conclusion. It is frequently confounded with the court of admiralty, in consequence, perhaps, of the same judge usually presiding in both courts; but this is a mistake, he says, for the whole system of litigation and jurisprudence in the prize court, though exceedingly important, is peculiar to itself, and is governed by rules not applying to the instance court of the admiralty, which is a mere civil tribunal. In this court are directly decided not only questions relating to capture, prize, and booty (being prize on shore), but also questions upon the law of nations; though sometimes the latter, and even the construction of treaties, are collaterally argued and determined in other courts.

Prize goods

Goods which are taken on the high seas, jure belli, out of the hands of the enemy.

The Adeline, 9 Cranch, 244, 284.

Prize la-w

The body of rules of jurisprudence and enactments which govern the rights acquired by captors in vessels and cargoes captured in war, the condemnation of the property, sale, distribution of proceeds, &c.; the law of maritime captures.

Prize-money.

The proceeds of property captured in maritime warfare, distributable, under authority of the prize court of the nation to which the captor vessel belongs, among her officers and crew.