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Prize Courts

Volume 66: debated on Thursday 27 August 1914

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Merchant Vessels

44.

asked the First Lord of the Admiralty whether he can make any statement about the merchant vessels captured as prizes, either in British ports or on the high seas; what is being done with the crews of these vessels; and whether any attempt has been or will be made to exchange merchant shipping taken as prizes?

It is proposed to issue from time to time a list of vessels brought in as prize to the ports of the British Empire. The officers and crew, if of enemy nationality, become prisoners of war unless, in the case of those not belonging to or intended for the enemy's naval or military service, they sign an undertaking that, while hostilities last, they will not engage in any service connected with the operations of war. If they are of neutral nationality the officers are detained under the same conditions as those of enemy nationality; the men are released. It is not proposed to exchange merchant vessels detained as prizes.

79.

asked the First Lord of the Admiralty if he will state what steps are taken in the ordinary course to dispose of the cargoes and hulls of ships taken as prizes and brought into British ports, and how the funds received on the sale of such cargoes are disposed of?

The question concerns the procedure of the Prize Court, over which the Admiralty have no authority. I may observe, however, that Order XI. of the Prize Court Rules, 1914, directs that where a ship is ordered to be sold such sale shall be by public auction, unless the judge shall for good cause otherwise order, and the gross proceeds thereof shall be paid into Court by the marshal. The same rule applies to goods. I may say, further, as regards the last part of the question, that the action to be taken as regards the funds derived from the sales is under consideration, and that a general notice on the subject will shortly be published.

Claims Of British Subjects

94.

asked the Attorney-General whether His Majesty's Government will recognise the claims of British subjects who hold mortgages or bottomry bonds upon prizes of war or who have supplied necessaries or made advances to such vessels prior to capture or seizure; and whether, in the event of a British subject being a part owner of any prize of war, the Government will similarly recognise a claim on his behalf?

My right hon. Friend the Attorney-General has asked me to answer this question on his behalf. Prize Courts, when adjudicating as to a prize, are not required to take into account such interests in the prize as are referred to in the question; but cases may arise in which it would be proper for the Crown to make concessions as a matter of grace, and while it is impossible to lay down any general rule beforehand, the Crown will consider the claims of British subjects in individual cases if the facts are duly laid before the Procurator-General.

May I ask, will the Government take into consideration such claims in view of the great hardships on struggling butchers and stevedores who lawfully and properly advanced supplies and performed work before war began?

As I have stated, the Crown will consider the claims in individual cases if they are laid before the Procurator-General.

Scottish Advocates And Law Agents

97.

asked the Lord Advocate whether all matters of prize are vested in the Admiralty Division of the High Court of Justice in England; and whether, in all cases of prize taken to Scottish ports, Scottish solicitors and advocates have any status in such Court sitting in Scotland?

The jurisdiction of the High Court of Admiralty of Scotland was by a Statute of 1825 transferred to and vested in the High Court of Admiralty in England. This Court became, therefore, a Court possessing British jurisdiction, and I see no reason to doubt that, in accordance with existing practice in such cases, Scottish counsel and agents have a right to appear before the Court.