Imágenes de páginas
PDF
EPUB

PART II.

PRIZE LAW,

PROCEEDINGS AND PRACTICE.

PRIZE CAUSES.

IN Admiralty there are two tribunals; the one known as Instance Court, the other as Prize Court. Prior to 1782, the English common law jurists seemed generally unaware of this distinction.

But in that year, in Lindo v. Rodney (Doug. 613), Lord Mansfield gave an exposition, which was accepted at the time as sound law and historically well founded doctrine; judicially pointing out this distinction between the instance and prize side of Admiralty courts, and which has since been recognized and adhered to by the profession generally, both in England and the United States.

In England, the Instance Court entertains and exercises all the ordinary jurisdiction claimed by, or conceded to, English Admiralty courts; while prize courts, as such, only entertain and exercise a peculiar but extraordinary jurisdiction specially conferred by act of Parliament, and to be exercised in time of war only.

[blocks in formation]

The one is permanent and perpetual, daily sitting and hearing causes within its ordinary jurisdiction, as well in time of war as of peace; while the other has only an occasional existence, being called into requisition by war, continuing during such war, or perhaps so long after the termination of hostile relations as will permit all prize causes to be finally heard and determined.

In England, over one presides a single judge acting under a commission; which commission retains and sustains him in office during good behavior; while the business of prize courts is transacted in England by commissioners, specially appointed to act during the particular exigency which required such special appointment, and then their functions cease.

The Instance Court exists under and by virtue of standing and traditional laws; the Prize Court is called into existence by special statute in consequence of hostile relations existing with another people; and its aid is regularly invoked during the continuance of such hostile relations between the belligerents.

Such is the state of the law of England in reference to the general jurisdiction of prize courts in that country, and their connection with admiralty tribunals as there organized.

But in the United States, prize and instance courts are both alike permanent and perpetual; neither of them existing, as in England, only occasionally, by reason of war declared, or hostile relations existing.

The District courts of the United States are ever open to prize causes, and may exercise all the powers conferred upon prize courts, either by express law, or as recognized to be inherent in such tribunals by the inter

JURISDICTION DUTY OF CAPTORS.

445

national law, or the customs and usage of nations. The district courts here are perpetually open as instance courts also.

How the jurisdiction of prize courts may be exercised and their powers confirmed, may be illustrated by a brief reference to adjudicated cases, and a general statement of the pleadings and practice in prize causes.

Both in England and the United States, the practice in prize courts and the hearing and decision of prize causes are similar, and withal much facilitated by what are designated as the standing interrogatories, used in all prize proceedings.

Not only have the captors special duties to be attended to, but the captured also are expected and required, as matter of duty, to preserve papers on board, when captured, as well as to furnish documentary and oral evidence of national character, domicile, and proprietary interest of vessel and cargo; both by officers and crew of the vessel captured.

Whenever a vessel is captured as a prize of war, the captor is bound to preserve with care all papers and writings found by him in the vessel captured; and studiously to refrain from removing any money or other property from the prize, unless it be for its better preservation, or the necessary use of the vessels of war or government ships making the capture.

Any act, on the part of the captor, either of negligence, spoliation, or fraud, will materially affect his standing, and prejudice his claim in a prize court, and just as injuriously as does embezzlement, whether it be proved or admitted.

Possible controversy between captor and claimant, renders it imperative upon the former to conform to all

446

PRIZE MASTER TO REPORT PROMPTLY

that is required to be attended to, after capture, and before the arrival of the prize in port, as well as after arrival and before adjudication by the Prize Court within the district at which the prize shall first arrive; and where, accordingly, the prize must be libelled, either for condemnation or acquittal.

Thus, upon capture, proper preparation must be made by putting on board the prize a prize master and crew; securing and sealing up the papers found on board at the time of the capture; sending home with the prize her master or principal officers, with others of the crew, for examination preparatory to adjudication; and dispatching with promptitude the captured vessel to some convenient district for libelling, with instructions for the prize master to report without delay to the judge or commissioners, as may be required by the local law of the district to which the prize may have been ordered.

And, after arrival and report made, and when possession shall have been taken of the prize, the resident commissioners of the district are to proceed at once to take, under the standing interrogatories, the preparatory examination of the prize crew; libel the prize for condemnation, and return the depositions and other documents, sealed up, to the judge of the court within whose jurisdiction the prize shall have arrived, or cause the same to be done through the Government attorney.

Thereupon, if no claimant, after due notice, shall appear to contest the captor's claim of lawful prize, the vessel may be condemned upon the preparatory evidence, without further proof, by the court having jurisdiction, or further delay; and the like disposition, after a year and a day, is admissible as to goods found on board at the time of capture, if no claimant then appears.

« AnteriorContinuar »