PRIZE MONEY

Dominion, Volume 12, Issue 142, 11 March 1919, Page 6

PRIZE MONEY

CURIOSITIES OP LAW % Presiding over the Naval Prize Tribunal at the Law Courts' recently, Lord Phillimore delivered judgments in several test cases which governed the result of about 165 other cases regarding thevrespective rights of the Exchequer and the Admiralty to the proceeds of prize captured' in the present war. The Tribunal has the power to determine any question as to whether any sum is payable into or out of the Naval Prize Fund constituted for the benefit of members' of His Majesty's Naval and Marino Forces. Lord Phillimore said that when .the office of Lord High Admiral ceased to be filled and- Lords Commissioners of. the Admiralty were appointed, droits of Admiralty reverted to the Crown, and upon the surrender of the hereditary revenue v of the Crown—the practice of recent monarchy upon accession—passed to the Exchequer. Hence arose the somewhat paradoxical position that droits of the Crown went to the Navy, and droits of the Admiralty to the Exchequer. His Lordship made reference to an old Ordeir-ln-Coun-cil, dated March 6, 1665-6, which provided : "First, that all ships and goods, belonging to enemies coming into any port, week, or road df His Majesty's Kingdom of England or of by stress, of weather or other accident, or'by mistake of port, or by ignorance, not knowing of the war, do belong to the Lord High Admiral; but such as shall voluntarily come in, either men-of-war or merchantmen, upon revolt from the enemy, and such as shall be driven in and forced .into port by the King's men-of-war, and also such ships as shall 1m seized in any of the ports creeks, or roads of this Kingdom and of Ireland before anv declaration of war or reprisal, by His Majesty, do belong unto His Majesty. Second, and all enemy ships, and goods casually met at sea, and seized by any vessel not commissionated, do belong to the Lord High Admiral." The first typical case under consideration was that of the British steamer Abomena,~arriving at Liverpool from West Africa on August 16, 1914. Part of the cargo was seized by Customs and condemned as prize. No ship or set of ships could claim to have had any hand m causing the seizure, and- it was not a case of reserved droit of the Crown. His Lordship held that the- proceeds -of the condemned part cargo were not to be paid into the Naval Prize Fund. ■ .The second case was that, of the neutral steamer Hilerod, sent into Kirkwall under amned guard about November. 7, 1915. She was'carrying lubricating- oil, which was condemned as prize. His Lordship hold that the cargo was a droit of the Crown, and that the proceeds were payable into the Naval Prize Fund. With regard to the Danish steamer Florida, which called at Kirkwall in accordance with an arrangement 'between her owners and His Majesty's Government for examination, part cargo was condemned as prize. His' Lordship thought that it was fear of His Majesty's Navy and of capture at sea that led the owners to arrange for the vessel to go to Kirkwall. He held that this should be regarded as a droit to the Crown. The Albania was a Swedish steamer bound from Lisbon for Scandinavia. She * for bunker coal at Ardrossan. While in port heir cargo of nice was seized by the l Customs, and ultimately condemned. This case fell within the principle? ol'-that part of the decision of the old Oi'tler-in-Coiincil which made for the Admiralty, that this cargo was not a' droit of the Crown, and that the pro- j needs should not 1* pavablo lo the Naval , Prize Fund. His Lordship so decided. ■ Dealing with several otheir casns which '' had been argiwcl in Chambers, His Lord-' ship stated that a number of enemv ves- < sels wore seized in Greek ports bv a ' joint force of French and British sliius. Under a Franco-British Convention, this country was entitled to a share. Thavessels were condemned by the French Prize'.Court. It was provided by statute that "any sums received from any of His Majesty's Allies under any coiiven- - tion relating to prizes captured during I tho present war" should bo paid into ' the Naval Prize Fund. He held accord- ■ ingly. I