PRIZE. In Maritime Law. The ap prehension and detention at sea of a ship or other vessel, by authority of a belligerent power, either with the design of appropri ating 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 ere called booty ; and thc distinction between a prize and booty consists in this, that the former is taken at sea and the latter on land.
2. 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 cir cumstances 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. 18 How. 110; 1 Kent, Comm. 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 prize court of an ally cannot condemn.
3. Strictly speaking, as between the belli gerent parties the title passes, and is vested when the capture is complete ; and that was formerly held to be complete and perfect when the battle was over and the spes recu perancli was gone. 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, Comm. 102., See Phillimore, Int. Law Index, Prize; 1 Kent, Comm. 101 ; Abbott, Shipp.; 13 Viner, Abr. 51; 2 Brown, Civ. Law, 444 ; Merlin, Repert.; Bouvier, Inst. Index ; INFRA PR/E RMA.
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 beet essay. Wolff, Dr. de la Nat. 0 675.
A thing which is won by putting into a lottery.