PRIZE. In Maritime Law. The appre hension 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 con tains, or with that of becoming master of the whole or a part of its cargo. 1 C. Rob. 228. See Beued. Adm. § 509.
The vessel or goods thus taken.
Goods taken on land from a public enemy are called booty ; and the distinction be tween 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 cap tured and confiscated for breach of block ade 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 pert for adjudication by a competent court. But circumstances may render such a step im proper; 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 condemna tion must be pronounced by a prize court of the government of the captor sitting in the country of the captor or his ally ; The San tissima Trinidad, 7 Wheat. (U. S.) 283, 5 L. Ed. 454 ; the prize court of an ally cannot condemn.
Strictly speaking, as between the bellig erent parties the title passes, and is vested when the capture is complete ; and that was formerly held to be complete and per fect when the battle was over, or the flag hauled down, and the apes reeuperandi was gone. Later, twenty-four hours' possession was required, and in still later times it was considered that the captured vessel must be brought isfra 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. 135; 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 Regla, 108 U. S. 92, 2 Sup. Ct. 287, 27 L. Ed. 662.
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 govern ment; The Dos Hermanos, 10 Wheat. (U. S.) 306, & L. Ed. 328; and the title to cap tured property always vests primarily in the government of the captors. The rights individuals, where such rights exist, are the result of local law or regulation ; The Flor ida, 101 U. S. 42, 25 L. Ed. 898; 2 Russ. & M. 56. 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 Cases, 188 U. S. 254, 23 Sup. Ct. 415, 47 L. Ed. 463.
The question of prize or no prize in Eng land 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 mu nicipal 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 be lieve 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 Dall. (U. S.) 34, 1 L. Ed. 730. Circumstances creating a reasonable suspicion of conduct warrant ing her capture are sufficient ; The George, 1 Mas. 24, Fed. Cas. No. 5,328.
A captured vessel is usually put in charge of a prize master, whose duty is, imme diately on his arrival in port, to institute 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 jurisdic tion of a competent prize court, though un der imperious circumstances, he may take it to a foreign port or even sell it. The pro ceeds 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 provid ing for prize money are repealed. Refer ence 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 Man grove Prize Money, 188 U. S. 720, 23 Sup. Ct. 343, 47 L Ed. 664.
See PRIZE COURT; NEUTRALITY; RECAPTURE;