Where, in an expedition of any of Her 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.
Modifications etc. (not altering text)
C1S. 34 excluded by Prize Act 1939 (c. 65), s. 1(3), Sch. Pt. II
Where any ship or goods is or are taken by any of Her Majesty’s Naval or Naval and Military Forces while acting in conjunction with any forces of any of Her 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 Her Majesty’s ally, the proportionate amount and the disposition of which share shall be such as may from time to time be agreed between Her Majesty and Her Majesty’s ally.
Modifications etc. (not altering text)
C2S. 35 excluded by Prize Act 1939 (c. 65), s. 1(3), Sch. Pt. II
Textual Amendments
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 Her Majesty’s instructions relating to prize, or of any act of disobedience to the orders of [F2the Defence Council], 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 Her Majesty’s disposal, notwithstanding any grant that may have been made by Her Majesty in favour of captors.
Textual Amendments
F2Words substituted by S.I. 1964/488 (1964 I, p. 769), Sch. 1 Pt. I
Modifications etc. (not altering text)
C3S. 37 excluded by Prize Act 1939 (c. 65), s. 1(3), Sch. Pt. II
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 Her Majesty is taken and brought into a port of the United Kingdom, and the purchase for the service of Her Majesty of the stores on board the ship appears to [F3the Secretary of State] expedient without the condemnation thereof in a prize court, in that case [F3the Secretary of State] may purchase, on the account or for the service of Her Majesty, all or any of the stores on board the ship; and the [F4Commissioners of Customs and Excise] may permit the stores purchased to be entered and landed within any port.
Textual Amendments
F3Words substituted by S.I. 1964/488 (1964 I, p. 769), Sch. 1 Pt. I
F4Words substituted by virtue of Customs and Excise Management Act 1979 (c. 2), Sch. 4 para. 1
Modifications etc. (not altering text)
C4S. 38 excluded by Prize Act 1939 (c. 65), s. 1(3), Sch. Pt. II
Any ship or goods taken as prize by any of the officers and crew of a ship other than a ship of war of Her Majesty shall, on condemnation, belong to Her Majesty in her office of Admiralty.
Modifications etc. (not altering text)
C5S. 39 excluded by Prize Act 1939 (c. 65), s. 1(3), Sch. Pt. II