Prize

Prize is generally used as a technical term to express a legal capture; and Congress having adopted it in framing of the ordinance, the general sense or acceptation of it must determine its import and signification.

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. Adm. 228. 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. In Contraots. A reward which is offered to one of several persons who shall 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. Nat. §675. A thing which is won by putting into a lottery.

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.

In admiralty law. A vessel or cargo, belonging to one of two belligerent powers, apprehended or forcibly captured at sea by a war-vessel or privateer of the other belligerent, and claimed as enemy's property, and therefore liable to appropriation and condemnation under the laws of war. See 1 C. Rob. Adm. 228. Captured property regularly condemned by the sentence of a competent prize court. 1 Kent, Comm. 102. In contracts. Anything offered as a reward of contest; a reward offered to the person who, among several persons or among the publlc at large, shall first (or best) perform a certain undertaking or accomplish certain conditions.

— Prize courts. Courts having jurisdiction to adjudicate upon captures made at sea in time of war, and to condemn the captured property as prize if lawfully subject to that sentence. In England, the admiralty courts have jurisdiction as prize courts, distinct from the jurisdiction on the instance side. In America, the federal district courts have jurisdiction in cases of prize. 1 Kent, Comm. 101-103, 353-360. See Penballow v. Doane, 3 Dall. 91, 1 L. Ed. 507; Maley v. Shattuck, 3 Cranch, 488, 2 L. Ed. 498; Cushing v. Laird, 107 U. S. 69, 2 Sup. Ct. 196, 27 In Ed. 391,

— Prize goods. Goods which are taken on the high seas, jure belli, out of the bands of the enemy. The Adeline, 9 Cranch, 244, 284, 3 In Ed. 719.

— Prize law. 'The system of laws and rules applicable to the capture of prize at sea; its condemnation, rights of the captors, distribution of the proceeds, etc. The Buena Ventura (D. Ct) 87 Fed. 929.

— Prise money. A dividend from the proceeds of a captured vessel, etc., paid to the captors. U. S. v. Steever, 113 In S. 747, 5 Sup. Ch 765, 28 L. Ed. 1133.

A thing of value offered generally for the doing of something; property captured at sea under the laws of war; such property regularly condemned by the sentence of a prize court. Prize court: a court having jurisdiction for condemnation of property so captured.

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.

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.