Prize

1.

Ordinarily, some valuable thing, offered by a person for the doing of a thing by others, into the strife for which he does not enter. i" See BET; Lottery. ' Lord V. Steamship C9., 4 Saw. 300 (1877), cases; R. S. §4283: 103 U. S. 541.

2 Cary 1;. Curtis, 3 How. 347 (1845), Daniel, J. See also 4 Pet. 83; 7 Ct. CI. 526; 3 Ga. 430; 41 Iowa, 516; 20 Minn. 431; 35 Nl H. 16; 54 id. 378; 48 Barb. 82; 64 Pa. 346; 4 Lea, 128. s Ashley v. Dixon, 48 N. Y. 430 (1872). * Bank of the Republic v. Millard, 10 Wall. 153 (1869); First Nat. Bank of Washington v. Whitman, 94 U. S. 344 (1876). • Savings Bank v. Ward, 100 U. S. 205-6 (1879), cases, Clifllord, J. 'Patterson v. Gaines, 6 How. 599 (1848), cases, Wayne, J. ' Stacy V. Thrasher, 6 How. 59-60 (1848). 6 1 Greenl. Ev. g 623, cases; Litchfield v. Goodnow, 123 U. S. 561 (1887), cases. 20 » 1 Greenl. Ev. § 189. See generally 1 Harv.

Law Prize-fighting

Persons who agree to engage in a prize-flght or pugilistic contest may be held to answer tor a conspiracy, and to keep the peace. The pretense that the contest is for scientific "points" will not avail, when the evidence shows that a fight is intended.'

2.

In marine insurance,, a capture; any taking or seizing, even unlawfully, by force.2 3. Property captured at sea under the laws of war; prize of war.

Prize-court.

A tribunal whicli administers the law upon the subject of maritime captures made in time of war. The district courts of the United States possess original jurisdiction in all matters relating to the law Of prize. Prize-courts are fconstituted to try judicially the lawfulness of captures at sea, according to the principles of public international law, with the double object of preventing and redressing wrongful captures, and of justifying the rightful acts of the captors in the eyes of other nations. From the necessity of the case, and to interrupt as little as may be the exercise of the belligerent duties of the captors, or the voyage and trade of the captured vessel if neutral, the proceedings are summary. The libel is filed as soon as possible after the prize has been brought into a port of the government of the captors, and does not contain any allegation as to title, or even set forth the grounds of condemnation, but simply prays that the vessel be forfeited to the captors as lawful prize of war. The monition issued and pubhshed upon the filing of the libel summons all persons interested to show cause against the condemnation, and is returnable within a very few days, too short a time to allow of actual notice to or appearance or proof in behalf of owners. residing abroad. The law of nations presumes and requires that in time of war every neutral vessel shall have on board papers showing her character, and shall also have officers and crew able to testify the facts establishing her neutrality. The captors are therefore required immediately to produce to the prize-court the ship's papers, and her master, or some of her principal officers or crew, to be examined on oath upon standing interrogatories, and without communication, or instruction by counsel. The cause is heard in the first instance upon the proofs, and if they show clear ground for condemnation or acquittal, no further proof is ordinarily required or permitted. If the evidence in prceparatorio shows no ground for condemnation, and no circumstances of suspicion, the captors will not ordinarily be allowed to introduce further proof, but there must be an acquittal and restitution. When further proof is ordered, it is only from such witnesses and upon such points as the prizecourt may in its discretion think fit.^ ' Commonwealth v. Sullivan and Mc Caffrey, 16 W. N. C. 14 (Phila,, 1885). ' [Dole V. New Eng. Mut. Mar. Ins. Co., 6 Allen, 388- 90 (1863), cases, Bigelow, C. J. I A capture made by the army, or b.y the army and navy operating together, inures to the benefit of the United States. If a captor unnecessarily delays instituting proceedings for condemnation, the court may, in case of restitution, decree demurrage against him See Admiralty; Capture; Condemn, 4; Confiscate.