Capture

war, is the taking of property by one belligerent from another. To make a good capture of a ship, it must be subdued and taken by an enemy in open war, or by way of reprisals, or by a pirate, and with intent to deprive the owner of it. Capture may be with intent to possess both ship and cargo, or only to seize the goods of the enemy, or contraband goods which are on board. The former is a capture of the ship in the proper sense of the word; the. latter is only an arrest and detention, without any design to deprive the owner of it. Capture is deemed lawful, when made by a declared enemy, lawfully commissioned and according to the laws of war; and unlawful, when it is against the rules established by the law of nations.

Marsh. Ins. B. 1, c. 12, 8.4. - See generally, Lee on Captures, 2 Caines’s C. Err. 158; 7 Johns. R. 449; 3 Caines’s R. 155; 11 a Johns. R. 241 3 13 Johns. R. 161; 14 Johns. R. 227; 3 Wheat. 183; 4 Cranch, 43; 6 Mass. 197.