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hours was sufficient to transfer title to the property. This rule was published in an edict by France in 1584, and became a very general rule of practice for the greater number of civilized nations. Present practice seems to regard effective possession as a satisfactory and equitable evidence of capture.*

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If a vessel is recaptured before condemnation, it may be restored on payment of salvage; but, if recaptured after being brought within the effective possession of the captor's forces, it is usually held to belong to the recaptors. When a vessel is recaptured by its original crew, salvage may be awarded to them.®

TITLE TO PRIZE.

128. The property in a vessel and cargo that is captured, if subsequently condemned, vests in the state as soon as the seizure is effective.

It is the modern custom to have all prizes sent into port for adjudication before disposition; the object being the protection of neutrals by determining judicially whether the captured vessel and cargo are entirely enemy property. It is also the practice of some states to relinquish their interest in prizes that consist of vessels belonging to private individuals to the captors; but the relinquishment does not become effective until after adjudication by proper tribunals.'

TREATMENT OF PRIZE-CONDUCTING TO PORT.

129. (a) Captors should care for the persons and property of vessels taken as prize.

(b) The prize should in general be sent to the nearest home port where a prize court is sitting.

(a) The officer in charge of a prize is under obligation to care for the persons on the vessel, in order that they may re

The Adeline, 9 Cranch, 244, 3 L. Ed. 719.

The Astrea, 1 Wheat. 125, 4 L. Ed. 52.

Rev. St. § 4652 (U. S. Comp. St. 1901, p. 3139).

The Two Friends, 1 Rob. 271.

7 United States v. Dewey, 188 U. S. 254, 23 Sup. Ct. 415, 47 L. Ed. 463.

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ceive proper treatment. They are not, as formerly, regarded as enemies. Special provision is made for their treatment by the Hague Convention of 1907 with Regard to the Exercise of the Right of Capture in Naval War:

"Article V. When an enemy merchant ship is captured by a belligerent, such of its crew as are nationals of a neutral state are not made prisoners of war.

"The same rule applies in the case of the captain and officers likewise nationals of a neutral state, if they promise formally in writing not to serve on an enemy ship while the war lasts.

"Article VI. The captain, officers, and members of the crew, when nationals of the enemy state, are not made prisoners of war, on condition that they make a formal promise in writing not to undertake, while hostilities last, any service connected with the operations of the war.

"Article VII. The names of the persons retaining their liberty under the conditions laid down in article V, paragraph 2, and in article VI, are notified by the belligerent captor to the other belligerent. The latter is forbidden knowingly to employ the said persons.

"Article VIII. The provisions of the three preceding articles do not apply to ships taking part in the hostilities." " Special care is enjoined in all regulations, in order that the property may be brought in intact and without injury.10

(b) The general rule is, as stated by the United States: "Prizes should be sent in for adjudication, unless otherwise

8 British Manual of Naval Prize Law, No. 249. Articles for Government of U. S. Navy, No. 17: "If any person in the navy strips off the clothes of, or pillages, or in any manner maltreats, any person taken on board a prize, he shall suffer such punishment as a court-martial may adjudge."

Scott, Peace Conferences, p. 284.

10 British Manual Naval Prize Law, No. 247: "When any ship or vessel shall be captured or detained, her hatches are to be securely fastened and sealed, and her lading and furniture, and, in general, everything on board, are to be carefully secured from embezzlement; the officer placed in charge of her shall prevent anything from being taken out of her until she shall have been tried, and sentence shall have been passed on her in a Court of Prize." Articles for Government of U. S. Navy, No. 16.

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directed, to the nearest home port in which a prize court may be sitting." In general, a vessel with prize is admitted to a neutral port only in case of unseaworthiness, stress of weather, or want of fuel or provisions, and must leave when the circumstances justifying its entry are at an end. The Hague Convention of 1907 makes provision for the sequestration of prize in a neutral port pending decision of the prize court. The United States, however, adhered to this convention under reservation of this article. 12

SAME-RELEASE.

130. (a) Sometimes prize is released on payment of ransom, which consists in the repurchase by the original owner from the captor of the property right acquired in the prize.

(b) Sometimes prize is released on bail, or by consent of the authorities of the state making the capture.

(a) Release on payment of ransom is a repurchase of the right which, at the time, the captors have to the property.13

11 General Order 492, No. 16, U. S. Navy Department, June 20, 1898; Rev. St. § 4617 (U. S. Comp. St. 1901, p. 3127).

12 "Article XXI. A prize may only be brought into a neutral port on account of unseaworthiness, stress of weather, or want of fuel or provisions.

"It must leave as soon as the circumstances which justified its entry are at an end. If it does not, the neutral power must order it to leave at once; should it fail to obey, the neutral power must employ the means at its disposal to release it with its officers and crew and to intern the prize crew.

“Article XXII. A neutral power must, similarly, release a prize brought into one of its ports under circumstances other than those referred to in article XXI.

"Article XXIII. A neutral power may allow prizes to enter its ports and roadsteads, whether under convoy or not, when they are brought there to be sequestrated pending the decision of a prize court. It may have the prize taken to another of its ports.

"If the prize is convoyed by a war ship, the prize crew may go on board the convoying ship.

"If the prize is not under convoy, the prize crew are left at liberty."

Rights and Duties of Neutral Powers in Naval War, Appendix, p. 566.

13 Maissonaire v. Keating, 2 Gall. 325, Fed. Cas. No. 8,978; Miller v. Resolution, 2 Dall. 15, 1 L. Ed. 263.

The contract is embodied in a "ransom bill," made out in duplicate, one copy of which is retained by the commander of the ransomed vessel, and serves as a safe conduct, protecting the vessel from recapture by the belligerent or his allies, provided he does not voluntarily depart from the terms of the agreement, as to the port for which he is to sail, as to the course to be pursued, or as to the time agreed upon for making the voyage. Protection is not forfeited in case the vessel is driven from her course by stress of weather. The captor retains the other copy of the ransom bill. He may take from the captured vessel a hostage for the payment of the ransom. The ransom bill is discharged if the vessel of the captor, with the hostage and bill on board, be captured by the enemy. If the ransom bill and hostage are transmitted to a place of safety, the ransom is to be paid, even though the captor's vessel be afterward captured. In certain countries the captor is authorized to sue directly upon the bill, if the ransom is not paid. In England payment is compelled by or through an action. brought by the imprisoned hostage for his freedom. Some states do not favor the practice, others permit it under restrictions, and others place no formal restrictions upon it, though it is not now common.1

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(b) Sometimes prizes are released on bail after a hearing,15 or released pending a decree of the court, particularly if goods which are perishable or rapidly deteriorating are involved.10 Release is prompt in case of illegal capture, as when captures are made within neutral jurisdiction or after conclusion of peace.17

14 Power to regulate in King and Council in Great Britain. St. 27 & 28 Vict. c. 25, § 45. The Hoop, 1 Rob. 201; Woolsey, Int. Law, p. 449.

15 The George, 2 Wheat. 278, 4 L. Ed. 239.

16 The Alliance, Fed. Cas. No. 244; St. 27 & 28 Vict. c. 25, § 26. 17 The Santissima Trinidad, 7 Wheat. 283, 5 L. Ed. 454.

SAME-APPROPRIATION AND DESTRUCTION.

131. (a) Military necessity will justify the captor in appropriating or in selling prize after appraisal.

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(b) The destruction of enemy vessels has been allowed in case of military necessity, as unseaworthiness, the presence of infectious disease, the lack of a prize crew, or the imminent danger of recapture.

(c) As a general rule, neutral vessels which have been captured may not be destroyed before adjudication. (d) As an exception, a neutral vessel.which would be liable to condemnation may be destroyed when taking her into port for adjudication “would involve danger to the safety of the warship or to the success of the operations in which she is at the time engaged."

(e) As an exception, the captor may demand the handing over, or proceed himself to the destruction, of any goods liable to condemnation found on board a vessel not herself liable to condemnation, provided the circumstances are such as would involve danger to the safety of the war ship or to the success of the operations in which she is at the time engaged.

(a) The Instructions Issued by the Navy Department of the United States in the Spanish-American War, 1898, stated that: "The title to property seized as prize changes only by the decision rendered by the prize court. But if the vessel itself, or its cargo, is needed for immediate public use, it may be converted to such use; a careful inventory and appraisal being made by impartial persons and certified to the prize court.

"If there are controlling reasons why vessels may not be sent in for adjudication, as unseaworthiness, the existence of infectious disease, or the lack of a prize crew, they may be appraised and sold." 18

Provision for appropriation is also made in the legislation.1o The United States provides that:

"Whenever any captured vessel, arms, munitions, or other material are taken for the use of the United States before it comes into the custody of the prize court, it shall be surveyed, appraised, and inventoried, by persons as competent and im

18 General Orders 492, June 20, 1898, No. 24. 19 St. 27 & 28 Vict. c. 25, § 38.

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