|King Brayden I
His Majesty, The Emperor
Joined: 17 Feb 2011
|Posted: Wed Sep 07, 2011 7:24 pm Post subject: Naval Prize Act
|Be it resolved by The Emperor's Most Excellent Majesty, by and with the advice and consent of the Lords Temporal in this present Parliament assembled, and by the authority of the same, as follows:
- The term “any of His Majesty’s ships of war” includes any of His Majesty’s vessels of war, and any hired armed ship or vessel in His Majesty’s service;
- The term “officers and crew” includes flag officers, commanders, and other officers, engineers, seamen, marines, soldiers, and others on board any of His Majesty’s ships of war;
- The term “ship” includes vessel and boat, with the tackle, furniture, and apparel of the ship, vessel, or boat;
- The term “ship papers” includes all books, passes, sea briefs, charter parties, bills of lading, cockets, letters, and other documents and writings delivered up or found on board a captured ship;
- The term “goods” includes all such things as are by the course of Admiralty and law of nations the subject of adjudication as prize but does not include ships or aircraft which are not part of the cargo of a ship.
- The High Court of Admiralty, and every court of Admiralty or of Vice-Admiralty, or other court exercising Admiralty jurisdiction in His Majesty’s dominions, for the time being authorized to take cognizance of and judicially proceed in matters of prize, shall be a prize court within the meaning of this Act.
- Every such court, other than the High Court of Admiralty, is comprised in the term “Vice-Admiralty prize court,” when hereafter used in this Act.
- The High Court of Admiralty shall have jurisdiction throughout His Majesty’s dominions as a prize court. The High Court of Admiralty as a prize court shall have power to enforce any order or decree of a Vice-Admiralty prize court, and any order or decree of the Judicial Committee of the Privy Council in a prize appeal.
- Every ship taken as prize, and brought into port within the jurisdiction of a prize court, shall forthwith, and without bulk broken, be delivered up to the marshal of the court. If there is no such marshal, then the ship shall be in like manner delivered up to the principal officer of Customs at the port. The ship shall remain in the custody of the marshal, or of such officer or person, subject to the orders of the court.
- The captors may include in one adjudication any number, not exceeding six, of armed ships not exceeding one hundred tons each, taken within three months next before institution of proceedings.
- The foregoing provisions relating to ships shall extend and apply, mutatis mutandis, to goods taken as prize on board ship; and the court may direct such goods to be unladen, inventoried, and warehoused.
- Where, in an expedition of any of His Majesty’s Naval or Naval and Military Forces against a fortress or possession on land, goods belonging to the State of the enemy or to a public trading company of the enemy exercising powers of government are taken in the fortress or possession, or a ship is taken in waters defended by or belonging to the fortress or possession, a prize court shall have jurisdiction as to the goods or ship so taken, and any goods taken on board the ship, as in case of prize.
- Where any ship or goods is or are taken by any of His Majesty’s Naval or Naval and Military Forces while acting in conjunction with any forces of any of His Majesty’s allies, a prize court shall have jurisdiction as to the same as in case of prize, and shall have power, after condemnation, to apportion the due share of the proceeds to His Majesty’s ally, the proportionate amount and the disposition of which share shall be such as may from time to time be agreed between His Majesty and His Majesty’s ally.
- A prize court, on proof of any offence against the law of nations, or against this Act, or any Act relating to naval discipline, or against any Order in Council or royal proclamation, or of any breach of His Majesty’s instructions relating to prize, or of any act of disobedience to the orders of the Chiefs of Staff Committee, or to the command of a superior officer, committed by the captors in relation to any ship or goods taken as prize, or in relation to any person on board any such ship, may, on condemnation, reserve the prize to His Majesty’s disposal, notwithstanding any grant that may have been made by His Majesty in favour of captors.
- Where a ship of a foreign nation passing the seas laden with naval or victualling stores intended to be carried to a port of any enemy of His Majesty is taken and brought into a port of the Most Glorious and Holy Empire of Kirkland, and the purchase for the service of His Majesty of the stores on board the ship appears to Minister of Defence expedient without the condemnation thereof in a prize court, in that case the Minister of Defence may purchase, on the account or for the service of His Majesty, all or any of the stores on board the ship; and the Under-Secretary for International Trade may permit the stores purchased to be entered and landed within any port.
- Any ship or goods taken as prize by any of the officers and crew of a ship other than a ship of war of His Majesty shall, on condemnation, belong to His Majesty in his office of Admiralty.
- Where any ship or goods belonging to any of His Majesty’s subjects, after being taken as prize by the enemy, is or are retaken from the enemy by any of His Majesty’s ships of war, the same shall be restored by decree of a prize court to the owner, on his paying as prize salvage one eighth part of the value of the prize to be decreed and ascertained by the court, or such sum, not exceeding one eighth part of the estimated value of the prize, as may be agreed on between the owner and the re-captors, and approved by order of the court: Provided, that where the re-capture is made under circumstances of special difficulty or danger, the prize court may, if it thinks fit, award to the re-captors as prize salvage a larger part than one eighth part, but not exceeding in any case one fourth part, of the value of the prize. Provided also, that where a ship after being so taken is set forth or used by any of His Majesty’s enemies as a ship of war, this provision for restitution shall not apply, and the ship shall be adjudicated on as in other cases of prize.
- Where a ship belonging to any of His Majesty’s subjects, after being taken as prize by the enemy, is retaken from the enemy by any of His Majesty’s ships of war, she may, with the consent of the re-captors, prosecute her voyage, and it shall not be necessary for the re-captors to proceed to adjudication till her return to a port of the Most Glorious and Holy Empire of Kirkland. The master or owner of the ship or his agent may, with the consent of the re-captors, unload and dispose of the goods on board the ship, as the case may be, before adjudication. In case the ship does not, within six months, return to a port of the Most Glorious and Holy Empire of Kirkland, the re-captors may nevertheless institute proceedings against the ship or goods in the High Court of Admiralty, and the Court may thereupon award prize salvage as aforesaid to the re-captors, and may enforce payment thereof.
- If the master or other person having the command of any ship of any of His Majesty’s subjects under the convoy of any of His Majesty’s ships of war wilfully disobeys any lawful signal, instruction, or command of the commander of the convoy, or without leave deserts the convoy, he shall be liable upon conviction to be fined, in the discretion of the court, any sum not exceeding five hundred pounds, and to suffer banishment for such time, not exceeding two months, as the court may adjudge.
- All ships and goods taken as prize and brought into a port of the Most Glorious and Holy Empire of Kirkland or brought to a place within the Most Glorious and Holy Empire of Kirkland as the case may be shall be liable to and be charged with the same rates and charges and duties chargeable on imported goods (whether of Customs or Excise) as under any Act relating to Customs or Excise may be chargeable on other ships and goods of the like description; and all goods brought in as prize which would on the voluntary importation thereof be liable to forfeiture or subject to any restriction under the laws relating to Customs or Excise shall be deemed to be so liable and subject, unless the Commissioners of Customs and Excise see fit to authorize the sale or delivery thereof for home use or exportation, unconditionally or subject to such conditions and regulations as they may direct.
- Where any ship or goods taken as prize is or are brought into a port of the Most Glorious and Holy Empire of Kirkland, the master or other person in charge or command of the ship which has been taken or in which the goods are brought shall, on arrival at such port, bring to at the proper place of discharge, and shall, when required by any officer of Customs, deliver an account in writing under his hand concerning such ship and goods, giving such particulars relating thereto as may be in his power, and shall truly answer all questions concerning such ship or goods asked by any such officer, and in default shall forfeit a sum not exceeding one hundred pounds, such forfeiture to be enforced as forfeitures for offences against the laws relating to Customs or Excise are enforced; and every such ship shall be liable to such searches as other ships are liable to, and the officers of the Customs may freely go on board such ship and bring to the Emperor's warehouse any goods on board the same, subject, nevertheless, to such regulations in respect of ships of war belonging to His Majesty as shall from time to time be issued by the Treasury.
- Goods taken as prize may be sold either for home consumption or for exportation; and if in the former case the proceeds thereof, after payment of duties (whether of Customs or Excise) chargeable on imported goods, are insufficient to satisfy the just and reasonable claims thereon, the Treasury may remit the whole or such part of the said duties as they see fit.
- His Majesty in Council may from time to time make such Orders in Council as seem meet for the better execution of this Act.
- Nothing in this Act shall:
- give to the officers and crew of any of His Majesty’s ships of war any right or claim in or to any ship or goods taken as prize or the proceeds thereof, it being the intent of this Act that such officers and crews shall continue to take only such interest (if any) in the proceeds of prizes as may be from time to time granted to them by the Crown; or
- affect the operation of any existing treaty or convention with any foreign power; or
- take away or abridge the power of the Crown to enter into any treaty or convention with any foreign power containing any stipulation that may seem meet concerning any matter to which this Act relates; or
- take away, abridge, or control, further or otherwise than as expressly provided by this Act, any right, power, or prerogative of His Majesty the Emperor in right of his Crown, or in right of his office of Admiralty; or
- ake away, abridge, or control, further or otherwise than as expressly provided by this Act, the jurisdiction or authority of a prize court to take cognizance of and judicially proceed upon any capture, seizure, prize, or reprisal of any ship or goods, and to hear and determine the same, and, according to the course of Admiralty and the law of nations, to adjudge and condemn any ship or goods, or any other jurisdiction or authority of or exercisable by a prize court.
His Imperial and Most Serene Majesty Brayden I, by the Grace of God, Defender of the Faith, Emperor of Kirkland, King of Kirkland, Grand Duke of Alovia, Duke of Valoria and Symphona, Marquess and Head of the Most Noble and Ancient House of Drown, Earl of Drakon, Sovereign of the Most Noble Order of the Golden Eagle, Sovereign of the Noble Order of the Blue Garter, Sovereign of the Most Honorable Order of the White Stag, Sovereign of the Most Venerable Order of Saint Michael, Sovereign of the Most Excellent Order of the Silver Horn, Sovereign of the Distinguished Order of Merit, Knight of the Golden Eagle, Knight of Saint Thomas