Chapter LXVII: Part VII: Miscellaneous Provisions

_Ransom._

[Sidenote: Power for regulating ransom by Order in Council. [27 & 28 Vict. c. 25, s. 45.]]

40.--(1) His Majesty in Council may, in relation to any war, make such orders as may seem expedient according to circumstances for prohibiting or allowing, wholly or in certain cases or subject to any conditions or regulations or otherwise as may from time to time seem meet, the ransoming or the entering into any contract or agreement for the ransoming of any ship or goods belonging to any of His Majesty's subjects, and taken as prize by any of His Majesty's enemies.

(2) Any contract or agreement entered into, and any bill, bond, or other security given for ransom of any ship or goods, shall be under the exclusive jurisdiction of the High Court as a prize court (subject to appeal to the Supreme Prize Court), and if entered into or given in contravention of any such Order in Council shall be deemed to have been entered into or given for an illegal consideration.

(3) If any person ransoms or enters into any contract or agreement for ransoming any ship or goods, in contravention of any such Order in Council, he shall for every such offence be liable to be proceeded against in the High Court at the suit of His Majesty in His Office of Admiralty, and on conviction to be fined, in the discretion of the Court, any sum not exceeding five hundred pounds.

_Customs Duties and Regulations._

[Sidenote: Prize ships and goods liable to customs duties and forfeiture. [27 & 28 Vict. c. 25, s. 47.]]

41.--(1) All ships and goods taken as prize and brought into a port of His Majesty's dominions shall be liable to and be charged with the same rates and charges and duties of customs as under any Act relating to the customs in force at the port may be chargeable on other ships and goods of the like description.

(2) 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 the customs, shall be deemed to be so liable and subject, unless the Customs authority see fit to authorise the sale or delivery thereof for home use or exportation, unconditionally or subject to such conditions and regulations as they may direct.

[Sidenote: Regulations of customs as to prize ships and goods. [27 & 28 Vict. c. 25, s. 48.]]

42. Where any ship or goods taken as prize is or are brought into a port of His Majesty's dominions, 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 the customs in force at the port 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 King's or other 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 His Majesty.

[Sidenote: Sale of prize goods and power to remit customs duties. [27 & 28 Vict. c. 25, s. 49.]]

43. 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 of customs, are insufficient to satisfy the just and reasonable claims thereon, the Customs authority may remit the whole or such part of the said duties as they see fit.

_Capture by Ship other than a Ship of War._

[Sidenote: Prizes taken by Ships other than ships of war to be droits of Admiralty. [27 & 28 Vict. c. 25, s. 39.]]

44. 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.

_Supplemental._

[Sidenote: Saving for rights of Crown; effect of treaties, &c. [27 & 28 Vict. c. 25, s. 55.]]

45. Nothing in this Act shall--

(1) 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

(2) affect the operation of any existing treaty or convention with
any foreign power; or

(3) 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

(4) take away, abridge, or control, further or otherwise than as
expressly provided by this Act, any right, power, or prerogative
of His Majesty the King in right of His Crown, or in right of His
office of Admiralty, or any right or power of the Admiralty; or

(5) take 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
exerciseable by a prize court.

[Sidenote: Power to make Orders in Council. [27 & 28 Vict. c. 25, ss. 53, 54.]]

46.--(1) His Majesty in Council may from time to time make such Orders in Council as seem meet for the better execution of this Act.

(2) Every Order in Council under this Act and all rules made in pursuance of this Act shall be notified in the _London Gazette_, and shall be laid before both Houses of Parliament within thirty days after the making thereof, if Parliament is then sitting, and, if not, then within thirty days after the next meeting of Parliament, and shall have effect as if enacted in this Act.

[Sidenote: Definitions. 27 & 28 Vict. c. 25, s. 2.]

47. In this Act unless the context otherwise requires--

The expression "the High Court" means the High Court of Justice in
England:

The expression "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 expression "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 expression "ship" includes vessel and boat, with the tackle,
furniture, and apparel of the ship, vessel, or boat:

The expression "ship papers" includes all books, papers, and
other documents and writings delivered up or found on board a
captured ship, and, where certified copies only of any papers are
delivered to the captors, includes such copies:

The expression "goods" includes all such things as are by the
course of Admiralty and law of nations the subject of adjudication
as prize (other than ships):

The expression "Customs authority" means the Commissioners or
other authority having control of the administration of the law
relating to customs.

[Sidenote: Short title and repeal.]

48.--(1) This Act may be cited as the Naval Prize Act, 1911.

(2) The enactments mentioned in the second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.