Prize

In Maritime Law. The apprehension and detention at sea of a ship or other vessel, by authority of a belligerent power, either with the design of appropriating it, with the goods and effects it contains, or with that of becoming master of the whole or a part of its cargo.

1 C. Rob. 228. See Bened. Adm. § 509.

The vessel or goods thus taken. Goods taken on land from a public enemy are called booty; and the distinction between a prize and booty consists in this, that the former is taken at sea and the latter on land. A lawful prize includes enemy’s property captured on the high seas or in territorial waters belonging either to the captor or to the enemy, and property of neutrals captured and confiscated for breach of blockade or as contraband of war; Risley, Law of War 144. In order to vest the title of the prize in the captors, it must ordinarily be brought with due care into some convenient port for adjudication by a competent court. But circumstances may render such a step improper; and of these the captor must be the judge. In making up his decision, good faith and reasonable discretion are required; Jecker v. Montgomery, 18 How. (U. S.) 110, 15 L. Ed. 311; 1 Kent 101. The condemnation must be pronounced by a prize court of the government of the captor sitting in the country of the captor or his ally; The Santissima Trinidad, 7 Wheat. (U. S.) 283, 5 L. Ed. 454; the prize court of an ally cannot condemn. Strictly speaking, as between the belligerent parties the title passes, and is vested when the capture is complete; and that hauled down, and the spes recup erandi was gone. Later, twenty-four hours’ possession was required, and in still later times it was considered that the captured vessel must be brought infra prcesidia (Q. v.) to a place of safety. But by the modern usage of nations this is not sufficient to change the property. A judicial tribunal must pass upon the case; and the property is not charged in favor of a neutral vendee or recaptor, so as to bar the original owner, until a regular sentence of condemnation; 1 Kent 102; 1 C. Rob. 1.35; but this rule is not inflexible. A neutral ship in the employment of a belligerent is, as well as the enemy’s cargo, subject to capture; The City of Mexico, 24 Fed. 33. Where a vessel is captured by the army it is not subject to condemnation as prize; The Nuestra Sefiora de Regia, 108 U. S. 92, 2 8 up.

Ct. 287, 27 L. Ed. GG2.

Formerly prizes could be brought into a neutral port and kept there until condemned by a prize court sitting in the belligerent’s territory; but it is probable that, at present, this right would be limited to cases arising out of stress of weather, lack of supplies, etc., and only for such length of time as necessity requires; Risley, Law of War, 176. All captures are made for the government; The Dos Hermanos, 10 Wheat. (XT. S.) 30G, G L. Ed. 328; and the title to captured property always vests primarily in the government of the captors. The rights of individuals, where such rights exist, are the result of local law or regulation; The Florida, 101 U. S. 42, 25 L. Ed. 898; 2 Russ. & M. 5G. The government may restore a prize, and the courts cannot condemn captured property that had been restored under a treaty of peace before decree; Manila Prize Oases, 188 U. S. 254, 23 Sup. Ct. 415, 47 L. Ed. 4G3. The question of prize or no prize in England is triable only in a court of admiralty under a commission from the crown, with an appeal to the crown in council, for the crown reserves the right to decide such questions by its own authority and does not commit its determination to any municipal court. Under the prize laws of the United States a ship includes a torpedo steam launch; U. S. v. Steever, 113 U. S. 747, 5 Slip. Ct. 765, 28 L. Ed. 1133. Where there is a probable cause to believe that a vessel is liable to capture, it is proper to take her and subject her to the examination and adjudication of a prize court; Talbot v. The Amelia, 4 Dali. (U. S.) 34, 1 L. Ed. 730. Circumstances creating a reasonable suspicion of conduct warranting her capture are sufficient; The George, 1 Mas. 24, Fed. Cas. No. 5,328. A cap.tured vessel is usually put in charge proceedings for condemnation. He is a bailee for the captors, and may become liable for negligence resulting in loss to them, for demurrage, etc.; 2 Halleck, Int. L., Baker’s ed.

391.

A captor should bring his prize, as speedily as may be consistent with his other duties, within the jurisdiction of a competent prize court, though under imperious circumstances, he may take it to a foreign port or even sell it The proceeds of a sale must be subject to the order of a prize court. Rules are to be found in article 11 of the Naval War Code of 1900, withdrawn in 1904. Articles 5-8 of the Convention Relative to Certain Restrictions on the Exercise of the Right of Capture in Maritime War lay down regulations regarding the crews of enemy merchantships captured by a belligerent. A captor’s right of prize may be forfeited in various ways, as by delay in seeking a prize court; cruel treatment of the captured crew, embezzlement, etc. By act of March 3, 1899, all laws providing for prize money are repealed. Reference may be made to cases arising out of the Spanish War. U. S. v. Taylor, 188 U. S. 283, 23 Sup. Ct. 412, 47 L. Ed. 477; The Mangrove Prize Money, 188 U. 8.

720, 23 Sup. Ct. 343, 47 L. Ed. 664.

See Prize Court; Neutrality; Recapture; Capture; Infra Pr/esidia; Pre-emption. In Contracts. A reward which is offered to one of several persons who shall accomplish a certain condition; as, if an editor should offer a silver cup to the individual who shall write the best essay in favor of peace. In this case there is a contract subsisting between the editor and each person who may write such essay that he will pay the prize to the writer of the best essay; Wolff, Dr. de la Nat. § 675.