capture
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 73 U.S. 1 - Mauran v. Insurance Co. · 1867Most cited · 24 citing opinions
A capture, as defined by some of the most eminent writers on insurance within the policy, is a taking by the enemy of vessel or cargo as prize, in time of open war, or, by way of reprisal, with intent to deprive the owner of it. Usage, and the course of decisions by the courts, have very much widened this meaning, and it now may embrace the taking of a neutral ship and cargo by a belligerent jure belli; also, the taking forcibly by a friendly power, in time of peace, and even by the government itself to which the assured belongs.
How the Supreme Court has restated “capture”
Each Supreme Court definition of “capture,” sized by how often later courts cited it. “Change” is measured by wording overlap with earlier definitions — a rough signal, not a semantic judgment.
How often courts cite the cases defining “capture”
Court decisions citing the 5 opinions that defined “capture” — 74 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 5 definitions, chronological · 1781–1867
- ORIGINAL
a capture authorized by the Rights of War transfers the property to the Captor
effect on property under law of nations
If the circumstances of the captured vessel be such as to do away all apprehension of rescue, and inspire confidence that the crew will bring her into port, no reason is perceived why the property of the captor, may not be retained as well by a prize master alone, as by a considerable detachment from his crew.
sufficiency without prize crew
As between the belligerents, the capture undoubtedly produces a complete divesture of property. Nothing remains to the original proprietor but a mere scintilla juris, the spes recuperandi.
effect on property
By capture the individual acquires an inchoate statutory right, an interest which can only be defeated by the supreme legislative power of the Union. Condemnation does nothing more than ascertain that each individual case in within the Prize Act, and thus throws the individual upon his right acquired by belligerent capture.
creates inchoate statutory right