LAW OF PRIZE

Waikato Times, Volume 125, Issue 20955, 7 November 1939, Page 8

LAW OF PRIZE

CAPTURE OF SHIPS COURT OPERATIONS IN WAR 4 Prize law and its administration offer an interesting field for conjecture among laymen, so a few facts about, it would not go amiss at this time. It was in fair and impartial manner that the Great Britain authorities administered the law during the Great War. Law of prize is administered by ft prize court that operates only in time of war. The difference between a prize court and the usual civil court is that appeals are not made to the House of Lords, but to the Privy Council. Capture of a ship during war time does not automatically mean the transfer of a ship and cargo to the nation making the capture. Suscessful captains take their prize in duty bound to their own country and there submit her to the Prize Court, where, if reasonable grounds are not established for the capture, the owners of ship and cargo can claim heavy damages. No great difficulties arise when th« prize in question is an enemy craft, but there are certain vessels— such as hospital ships— exempt from capture. In the Great War, however, Germany sank eight hospital ships in the Mediterranean whilst using her own as fighting ships. A mass of intricacies arises where neutral ships are taken as prizes through carrying contraband or other cause, the difficulty being what is to be constituted as contraband or goods useful to the enemy. Belligerent countries generally publish lists of goods in this category. Usually the British principle is that a man is believed innocent until he is proved guilty, but this does not apply to prize court deliberations. The opposite side of the question operates where the onus is on the owners of ships and cargoes to prove their innocence of trading with the enemy. Proceeds from captures of ships and cargoes are paid into a naval prize fund and distributed among the personnel of the naval forces engaged in the capture.