Rules as to appeals and transfers to International Prize Court.
27. His Majesty in Council may make rules regulating the manner in which appeals and transfers under this Part of this Act may be made and with respect to all such matters (including fees, costs, charges, and expenses) as appear to His Majesty to be necessary for the purpose of such appeals and transfers, or to be incidental thereto or consequential thereon.
Enforcement of orders of International Prize Court.
28. The High Court and every prize court in a British possession shall enforce within its jurisdiction all orders and decrees of the International Prize Court in appeals and cases transferred to the Court under this Part of this Act.
Application of Part III.
29. This part of this Act shall apply only to such cases and during such period as may for the time being be directed by Order in Council, and His Majesty may by the same or any other Order in Council apply this Part of this Act subject to such conditions, exceptions and qualifications as may be deemed expedient.
Part IV.—Prize Salvage and Prize Bounty.
Prize Salvage.
Salvage to re-captors of British ship or goods from enemy.
30. 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.
Permission to recaptured ship to proceed on voyage and postponement of proceedings. [27 & 28 Vict. c. 25, s. 41.]
31.—(1) 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 His Majesty's dominions.
(2) The master or owner, or his agent, may, with the consent of the re-captors, unload and dispose of the goods on board the ship before adjudication.
(3) If the ship does not, within six months, return to a port of His Majesty's dominions, the re-captors may nevertheless institute proceedings against the ship or goods in the High Court, or in any prize court in a British possession, and the court may thereupon award prize salvage as aforesaid to the re-captors, and may enforce payment thereof, either by warrant of arrest against the ship or goods, or in the same manner as a judgment of the court in which the proceedings are instituted may be enforced.
Prize Bounty.
Prize bounty to officers and crew present in case of capture or destruction of enemy's ship. [27 & 28 Vict. c. 25, s. 42.]
32. If, in relation to any war, His Majesty is pleased to declare, by proclamation or Order in Council, his intention to grant prize bounty to the officers and crews of his ships of war, then such of the officers and crew of any of His Majesty's ships of war as are actually present at the taking or destroying of any armed ship of any of His Majesty's enemies shall be entitled to have distributed among them as prize bounty a sum calculated at such rates and in such manner as may be specified in the proclamation or Order in Council.
Ascertainment of amount of prize bounty. [27 & 28 Vict. c. 25, s. 43.]
33.—(1) A prize court shall make a decree declaring the title of the officers and crew of His Majesty's ship to the prize bounty, and stating the amount thereof.
(2) The decree shall be subject to appeal as other decrees of the court.
Part V.—Special Cases of Jurisdiction.
Jurisdiction in case of capture in land expedition. [27 & 28 Vict. c. 25, s. 34.]
34. 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 ships so taken, and any goods taken on board the ship, as in case of prize.
Jurisdiction in case of prize taken in expedition with ally. [27 & 28 Vict. c. 25, s. 35.]
35. 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.
Jurisdiction of High Court on petitions of right as under 23 & 24 Vict. c. 34. [27 & 28 Vict. c. 25, s. 52.]
36.—(1) In any case where a petition of right under the Petitions of Right Act, 1860, is presented and the subject-matter of the petition or any material part thereof arises out of the exercise of any belligerent right on behalf of the Crown, or would be cognizable in a prize court within His Majesty's dominions if the same were a matter in dispute between private persons, the petition may, if the subject thinks fit, be intituled in the High Court as a prize court.
(2) Any petition of right under the last-mentioned Act, whether intituled in the High Court or not, may be prosecuted in that court if the Lord Chancellor thinks fit so to direct.
(3) The provisions of this Act relative to appeal, and to the making of orders for regulating the procedure and practice of the High Court as a prize court, shall extend to the case of any such petition of right intituled or directed to be prosecuted in that court; and, subject thereto, all the provisions of the Petitions of Right Act, 1860, shall apply with such adaptations as may be necessary in the case of any such petition of right; and for the purposes of this section the terms "court" and "judge" in that Act shall respectively be understood to include the High Court as a prize court and the judges thereof, and other terms shall have the respective meanings given to them in that Act.
Part VI.—Offences.
Offences by captors. [27 & 28 Vict. c. 25, s. 37.]
37. 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 Admiralty, 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.
Perjury. [27 & 28 Vict. c. 25, s. 50.]
38. If any person wilfully and corruptly swears, declares, or affirms falsely in any prize cause or appeal, or in any proceeding under this Act, or in respect of any matter required by this Act to be verified on oath, or suborns any other person to do so, he shall be deemed guilty of perjury, or of subornation of perjury (as the case may be), and shall be liable to be punished accordingly.
Disobedience to, or desertion of, convoy. [27 & 28 Vict. c. 25, s. 46.]
39. If the master or other person having the command of any British ship 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 to be proceeded against in the High Court at the suit of His Majesty in His Office of Admiralty, and upon conviction to be fined, in the discretion of the Court, any sum not exceeding five hundred pounds, and to suffer imprisonment for such time, not exceeding one year, as the Court may adjudge.
Part VII.—Miscellaneous Provisions.
Ransom.
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.
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.
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.
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.
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.
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.
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.
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.
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.
An Act to make such amendments in
the Law as are necessary to enable
certain reserved provisions of the
Second Geneva Convention to be
carried into effect.
[18th August 1911.]
Whereas His Majesty has ratified, with certain reservations, the Convention for the amelioration of the condition of the wounded and sick of armies in the field, drawn up in Geneva in the year one thousand nine hundred and six, and it is desirable, in order that those reservations may be withdrawn, that such amendments should be made in the law as are in this Act contained:
Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the authority of the same, as follows:—
Prohibition of use of emblem of red cross on white ground, &c.
1.—(1) As from the commencement of this Act it shall not be lawful for any person to use for the purposes of his trade or business, or for any other purpose whatsoever, without the authority of the Army Council, the heraldic emblem of the red cross on a white ground formed by reversing the Federal colours of Switzerland, or the words "Red Cross" or "Geneva Cross," and, if any person acts in contravention of this provision, he shall be guilty of an offence against this Act, and shall be liable on summary conviction to a fine not exceeding ten pounds, and to forfeit any goods upon or in connection with which the emblem or words were used.
(2) Where a company or society is guilty of any such contravention, without prejudice to the liability of the company or society, every director, manager, secretary, and other officer of the company or society who is knowingly a party to the contravention shall be guilty of an offence against this Act and liable to the like penalty.
(3) Nothing in this section shall affect the right (if any) of the proprietor of a trade mark registered before the passing of this Act, and containing any such emblem or words, to continue to use such trade mark for a period of four years from the passing of this Act, and, if the period of the registration or of the renewal of registration of any such trade mark expires during those four years, the registration thereof may be renewed until the expiration of those four years, but without payment of any fee.
(4) Proceedings under this Act shall not in England or Ireland be instituted without the consent of the Attorney-General.
(5) This Act shall extend to His Majesty's possessions outside the United Kingdom, subject to such necessary adaptations as may be made by Order in Council.
Short title.
2. This Act may be cited as the Geneva Convention Act, 1911.
This Index does not refer to Conventions, &c., printed in the Appendices.
A
Abuse of flag of truce, 281
of neutral asylum, 419, 420-423
Abyssinian War, referred to on:
hostile destination of goods, 505
trial of neutral vessels after conclusion of peace, 556
Acts of force initiative of war, 126-128
Admiralty, origin of Board of, 239
Aerial warfare. See Air-vessels
Aeroplanes, conditional contraband, 506
Africa, case of the, 531
invasion by, 207
violence directed from, 150, 192, 227
Alabama, case of the, 406-409
Alaska Boundary dispute (1903), 18
Alexander I. of Russia exacts oath of allegiance in Finland, 205
Alexander II. of Russia, and laws of war, 81
Alexis, case of the, 40
Allegiance, oath of, 173, 205, 212
Alverstone, Lord, 18
Ambulances, See Convoys of Evacuation
American Civil War, referred to on:
blockade, 453, 454, 463, 465, 469
ingress and egress of neutral warships during, 453
neutral asylum during, 418, 443
political agents on neutral vessel, 519, 530
real war, 63
sale of vessels during, 427
stone-blockade, 450
treatment of prizes in, 243, 557
American-English War (1812), referred to on:
capture in neutral port, 442
destruction of neutral prizes, 243
reprisals, 307
American War of Independence, referred to on:
convoy, vessels under, 536
espionage, 198
reprisals, 306
treatment of prizes during, 243
Amicable settlement of State differences. See State differences
Amiens, Peace of (1802), 332
Amnesty, 334
Analogous of contraband. See Unneutral service
Andersen v. Marten, case of, 555
André, Major, case of, 198
Angary:
derivation of right of, 449
exercise of right of, 385, 510
modern right of, 447
obsolete right of, 446
pre-emption of neutral goods under right of, 449
Anna, case of the, 443
Anne, Empress of Russia, 43
Anspach, troops marched through, 392
Arbitration:
a means of settling State differences, 5
appointment of arbitrator, 17, 26
appeal against, 31
competence of tribunal of, 29
compulsory, 25
conception of, 16
costs of, 32
early use of, 22
efficacy of, 25
Hague Convention, stipulations concerning, 24
language to be used during, 26, 28
minutes concerning, 28
Permanent International Court of, 22, 23, 26, 27-31, 561
preliminary proceedings in, 27
procedure of tribunal in, 27
rules governing, 27
summary procedure in, 32
stipulations of, 18
tribunal of Court of, 27
Arbitration Treaties, 16, 20, 21, 26
Area of operations during blockade, 471
Argentina, blockades of (1838) and (1845), 49
Armed Neutrality. See Neutrality
Armistices:
character of, 290
commencement of, 296
competence to conclude, 293
contents of, 294-296
end of, 299
form of, 294
hostilities, cessation of, during, 290, 295
lines of demarcation during, 296
partial, 293
permissible acts during, 294-296
purpose of, 291
re-victualling during, 295
suspension of arms during, 291
violation of, 297
by private individual, 298
visitation of neutral vessels during, 290, 534
Arnold, General, at West Point, 198
Arrêt de prince, 45
Aryol (or Orel), case of the, 256
Asgill, Captain, case of, 307
Askold, case of the, 422
Assault, 191-193
Asylum. See Neutral Asylum
Atalanta, case of the, 522
Athens, ancient law of, concerning reprisals, 41
Attack on enemy vessels, 225-237. See also Enemy vessels
Aube, Admiral, on naval warfare, 264, 266
Augusta Victoria, case of the, 390
Aurora, case of the, 423
Awni Illa, case of the, 269
B
Bahama Islands, access refused to belligerent warships at, 418
Baker, Sir Sherston, 281
Baltic Sea, asserted neutralisation of, 90
Baltica, case of the, 110, 116
Barbarous forces, 98
Barge, arbitration award of Mr., 19
Basle, office for volunteers at, 399
Bathurst, Lord, reprisal by, 307
Beasts of burden as contraband, 486
Belfort:
capitulation of, 286
suspension of arms during siege of, 291
Belgium, neutralisation of, 91, 358, 363, 368, 393, 411, 413, 428
accessory, 93
angary, right of, exercised by, 446-449
appropriation of property by, 174-187
armed forces of, 94-106
asylum granted to, 409-425
barbarous forces as, 98
capture of neutral vessels by, 546-552
complaints of illegitimate warfare by, 302
conduct in general of, 378
deserters, treatment of, by, 105, 335
duties of, 378-386
impartiality of neutrals towards, 362, 381-383
intercourse between subjects of, 135-138, 275, 333
and neutrals, 117, 365, 385, 428
irregular forces of, 96
levies en masse of, 97, 152, 190, 313
loans to, by neutrals, 430
merchantmen of. See Merchantmen
military operations by and against, neutrals, 386-397
military preparations by and against 397-409
neutralised States as, 91
neutrality to be recognised by, 367
non-combatants with armed forces of, 95, 151, 169, 250
non-hostile relations of, 273-299
occupation of neutral territory by, 394
principal, 93
prisoners of, treatment, 167-171
private enemy property, 139. See also Private enemy property
privateers of, 99, 103, 357, 372, 534
Prize Courts of, 395. See also Prize Courts
property in enemy State of subjects of, 139, 182
qualification to become, 62, 90
regular armies of, 94
representation at International Prize Court, 569
rights of, 378-386
services to, 153, 181, 212, 432-437
subjects of, on enemy territory, 131-135
supplies to, by neutrals, 375, 405-409, 426-430
trade between subjects of, 135-138, 275, 333
traitors. See War criminals
vassal States as, 91
violation of neutrality by, 426, 438-445
visitation of neutral vessels by, 428, 533-545
volunteer fleets of, 100-104
war rebels, treatment of, by, 98
Bellona, case of the, 332
Bentinck, promise of, to Genoa, 284
Berlin:
Congo Conference of (1885), 11
Treaty of (1878), 330
Bermuda, case of the, 470, 500
Bernadotte, 391
Bismarck:
act of reprisal by, 317
on diplomatic envoys in besieged town, 194
on crews of captured merchantmen, prisoners of war, 250, 308, 317
on right of angary, 448
Black Sea, neutralisation of, 88
area of operations in, 471
breach of:
attempt at, 468-472
canals, unblockaded and, 474
capture on account of, 475
consequences of, 475-478
definition of, 466
during armistice, 290
egress and, 473
ingress and, 472
penalty for, 476
practice of nations regarding, 386, 468-475
what constitutes a, 468-475
commercial, 452
competence to establish, 456
conception of, 450-455
continuous voyage and, 469, 472
contraband, seizure of, during, 290
declaration of, 456, 458
definition of, 450
effectiveness of: 356, 461-466
cessation of, 464
condition of, 461
danger necessary to create, 464
distinguished from fictitious, 461
end of, 460
establishment of, 456-461
existence of, 466
fictitious, 461
international rivers and, 454
inward, 453
justification for, 455
knowledge of, necessary for breach, 466
neutral vessels, time for egress of, 459
notification of, 456, 459, 466
former practice of nations regarding, 457
outward, 453
pacific. See Pacific blockade
places liable to, 453
postal correspondence during, 237, 385
strategic, 452
universality of, 452
Bluntschli:
on continuous voyage, 504
on courts of justice during occupation, 215
Bolivia-Peruvian Boundary Dispute (1910), 19
Bombardment:
by naval forces, 266-270
Bonfils, on carriage of contraband, 504
Booty on battlefield, 163, 177, 181
Bosphorus and Dardanelles, 102
Bougainville, safe-conduct granted to, 232
Boundary disputes:
between Bolivia and Peru, 19
between Great Britain and U.S.A., 18, 19
between Great Britain and Venezuela, 18
Boundary treaty of Buenos Ayres (1881) between Argentina and Chili, 89
Bowles, Mr. Gibson, on withdrawal from Declaration of Paris, 100
British Foreign Enlistment Act, 358, 375, 494
Brussels:
Conference of (1874), 208, 308
Declaration of (1874), 81, 171
Buenos Ayres, Boundary treaty of (1881), between Argentina and Chili, 89
Bukarest, treaty of (1886), 92
Bulgaria as a belligerent while under Turkish suzerainty, 62, 92
Buller, Sir Redvers, proclamation by during the South African War, 65
Bullets, expanding and explosive, 149, 250
Bulmerincq, proposal regarding Prize Courts, 560
Bundesrath, case of the, 500, 502, 552
Bureau of Information in war, 163, 171, 181
Bynkershoek:
on intercourse during war, 135