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Naval Prize Act 1864
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41 Permission to re-captured ship to proceed on voyage.U.K.
Where a ship [F1or aircraft] belonging to any of Her Majesty’s subjects, after being taken as prize by the enemy, is retaken from the enemy by any of Her Majesty’s ships of war, [F1or any of His Majesty’s military aircraft] 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 the United Kingdom.
[F2The master or owner of the ship or his agent, or the pilot or owner of the aircraft or his agent, may, with the consent of the re-captors, unload and dispose of the goods on board the ship or aircraft, as the case may be, before adjudication.]
In case the ship does not, within six months, return to a port of the United Kingdom, [F1or the aircraft does not within six months return to a place within the United Kingdom], the re-captors may nevertheless institute proceedings against the ship [F1aircraft] or goods in the High Court of Admiralty, and the Court may thereupon award prize salvage as aforesaid to the re-captors, and may enforce payment thereof . . . F3
Textual Amendments
F1Words substituted by S.I. 1964/488 (1964 I, p. 769), Sch. 1 Pt. I
F2Words substituted by Prize Act 1939 (c. 65), Sch. Pt. I
F3Words repealed by Prize Courts (Procedure) Act 1914 (c. 13), Sch.
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