CAPTURED SHIP

Waikato Times, Volume 126, Issue 21033, 8 February 1940, Page 10

CAPTURED SHIP

PRIZE COURT PROCEDURE ANCIENT PRACTICE HOW SYSTEM WORKS With about 500 German merchantmen reported to be at sea or awaiting favourable opportunity to make a dash for home from neutral ports where they have been taking refuge, general interest is being directed to the question of contraband, writes Captain Frederick L. Oliver, formerly of the United States Navy. A number of these 500 ships—which represent a tonnage of about 1,800,000 —must inevitably be seized by British or French patrol vessels lying in wait for them. Officers of these vessels will take their captures before prize courts and so try to prevent the raw material of their cargoes finding its way to Germany. According to an ancient practice at sea all cases of vessels and cargoes “taken prize” must be adjudicated by prize courts. A prize court provides a legal means of determining the validity of a maritime capture in time of war. In theory it proceeds according to international law, but in practice i' also applies national law, and in case of a conflict, the latter takes precedence. Not Uniform Consequently where a prize court in one country may be free to decide a case according to international* law, such a court in another country may decide an exactly similar case in an entirely different manner, should national law so dictate. The necessity for a prize court was immediately recognised when the American colonies broke with the mother country, and as early as November 10, 1775, the Provincial Congress of Massachusetts established such a court. This action was followed on November 25, by a resolution of the Continental Congress which recommended that the several legislatures in the United Colonies establish prize courts with appeal to the Congress. Upon the establishment of the federal judicial system, all admiralty matters, including cases of prize, were vested in the United States District Courts as courts of first instance. Appeal to be through the regular channel, with final appeal to the Supreme Court. No cases of prize came before United States courts during the World War, as title to all enemy maritime property that was taken was handled by legislative proceedings. The procedure for handling a prize case in the United States courts is very carefully prescribed by statute. Upon the arrival in port of a vessel taken prize, all witnesses such as the master, purser, super-cargo, and oilier officers or persons who are supposed to be interested in or have Knowledge concerning the prize, are

delivered into the custody of the United States marshal. The federal attorney files a libel—in admiralty cases a statement of the plaintiff’s case—against the ship, and when the court issues the necessary warrant, the marshal takes custody of the prize commissioners who take the statements of the witnesses and crew, make an inventory of the cargo, and turn all papers over to the court. A trial in due form is then held. Marshal Advertises Sale If the vessel, its cargo, or both is condemned by the court as a good and lawful prize, orders are issued for its sale, and the law specifically provides that no appeal operates to stay the execution of this order. When a sale is ordered, the Secretary of the Navy employs a reputable auctioneer. The marshal advertises the sale and has it conducted, under his supervision, by the auctioneer. The gross proceeds of the sale are deposited to the credit of the Treasurer of the United States. All expenses of the trial and sale are passed upon by the court, and, when allowed, are charges against the proceeds of the sale. The net proceeds are the property of the United States and are credited to the naval pension fund. The right of captors to participate in the distribution of the proceeds from condemned prizes was abolished by an act of Congress on March 3, 1899. This act took from the Navy one of its oldest prerogatives, as the same resolution of the Continental Congress that established prize courts, also set forth the manner in which prize money was to be distributed among captors. However, the British Navy, during the World War, continued to enjoy payments of prize money and prize bounties. Empire Courts Constituted In addition to the Prize Court which sat in London during the World War, certain designated courts in the dominions, colonies, and India, were constituted prize courts. Appeal from these courts, as well as from the British Prize Court, was to the Judicial Committee of the Privy Council. Unlike the legal tribunals in the United States and Great Britain which pass on cases of prize, the other belligerent countries during the World War had prize courts composed of mixed commissions including judges, lawyers, naval officers, and even representatives of commercial interests. In Great Britain, the ProcuratorGeneral has considerable discretion concerning the action to be taken in prize proceedings. He can go as far, should he consider it desirable, as to release a ship or cargo without undertaking prize proceedings against them. In the World War, there were instances where ships or cargoes condemned by prize courts, were released upon the demand of interested nations. The owners of many American cargoes condemned by the British Prize Court as contraband, and good and lawful prizes, received from 90 to 95 per cent of the proceeds from then* sale.

Prizes recaptured from an enemy are subject to salvage claims. In the United States, such cases come before a prize court. If the prize had not. before recapture, been condemned by a prize court of the enemy, the court awards salvage in accordance with the circumstances of the case. Impartial Inventory Made The property is restored to the

original owner on payment of salvage, costs and expenses, and the salvage is deposited to the credit of the United States. Should the vessel have been legally condemned before being recaptured. the original owners are considered to have lost their equity, and regular prize proceedings are instituted. In the days when captors participated in the salvage, awards varied

from one eighth to one half the value ' of the recaptured property. The ! British practice is to allow one eighth of the value of a recaptured prize as i