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Prize Court

Prize Court. This 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 having usually presided in both courts; but this is a mistake, 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 (now part of the High Court), which is a mere civil tribunal.The old Court of Admiralty had in fact from very ancient times two separate and distinct jurisdictions--the Instance Jurisdiction and the Prize Jurisdiction, though the real origin of the latter is wrapped in obscurity. When the High Court of Admiralty became merged in the High Court of Justice, (English) Jud. Act, 1925, s. 23, replacing the (English) Jud. Act, 1891...


Letters of marque

Letters of marque, commissions for extraordinary reprisals for reparation to merchants taken and despoiled by strangers at sea, grantable by the Secretaries of State, with the approbation of the Sovereign and Council; and usually in time of war, etc., ex Merc. 173. The words marque and reprisal are used as synonymous terms, although the latter is, strictly, taking in return; the former passing the frontiers in order to such taking, Du Cange, tit. 'Marcha.'These letters are grantable by the law of nations, wherever the subjects of one state are oppressed and injured by those of another, and justice is denied by that state to which the oppressor belongs. In this case letters of marque and reprisal may be obtained in order to seize the bodies or goods of the subjects of the offending state, until satisfaction be made, wherever they happen to be found; and, in fact, this custom seems dictated by nature. The necessity, however, is obvious of calling in the sovereign power to determine when ...


Captor

One who captures any person or thing as a prisoner or a prize...


Recapture

The act of retaking or recovering by capture especially the retaking of a prize or goods from a captor...


Droits of admiralty

Droits of admiralty, the perquisites attached to the office of Admiral of England (or Lord High Admiral). Prince George of Denmark, the husband of Queen Anne and Lord High Admiral, resigned the rights to these droits to the Crown for a salary, as Lord High Admiral, of 7,000l. a year. When the office was vacant, they belonged to the Crown. Of these perquisites, the most valuable is the right to the property of an enemy seized on the breaking out of hostilities. In the arrangement of the Civil List during the recent reigns, it was settled that whatever droits of Admiralty accrued were to be paid into the Exchequer for the use of the public. The Lord High Admiral's right to the tenth part of the property captured on the seas has been relinquished in favour of the captors. Droits of Admiralty also included all unclaimed wreck, flotsam, jetsam, ligan and derelict, which are now dealt with by the (English) Receiver of Wreck for the District, Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60),...


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