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PRIZE
COURTS
PRIZE COURTS
The enemy property seized in the sea
in violation of rules blockade or
contraband are called Prize. In order
to acquire ownership over such goods
or ships the general practice is that
such goods or ship produced before
the courts which are called Prize
Courts.
Nature Of Prize Courts
Prize Courts are National courts. The
acquire validity from state law. They
are not International Courts. It was laid
down in the famous case of The
Zamora that the British Prize Courts
are, in fact , national tribunals.
Jurisdiction Of The Prize
Courts
The Prize Courts derive Jurisdiction
from the belligerent states which
establish them. The belligerent state
establishes these Courts because it is
necessary for them to get validity of
the goods or ships seized by them
certified or verified by such courts.
Since Prize Courts are national courts,
the state law and notification are
binding upon them.
Law Applied By Prize Courts
The Prize Courts are National Courts
but they decide cases submitted
before them in accordance with the
Law and derive Jurisdiction from the
National orders and notifications, in
fact, they apply the State Law or the
utmost that can be said is that they
apply International Law as followed
and applied in the particular state.
Famous Case The Zamora
In the leading case of The Zamora, it
was laid down that the Prize Courts are
bound by the acts and statutes of the
parliament, but they are not bound by
such orders of king in council as are
contrary to the provisions or rules of the
International Law of the effect of which is
to modify the International Law. Thus, in
short it may be said that Prize Courts
decide cases in accordance with the
International Law.
Case The Appam
A leading case in regard to the Jurisdiction of
Prize Courts is The Appam. The Appam was
a British ship which was seized by the
German ships in 1916 during the First World
War. The German Officers took the ship
under the control, placed it under the
authority and control of German Officers and
took it to the nearest American port until the
time, America was a neutral state. The
German Officers requested the Secretary of
State of America to detain the ship and its
crew in the American port for an indefinite
period. America rejected this request and
released the crew of the ship. Subsequently
the owners of the ship,
Case The Appam (CNTD…)
The Appam, filed a suit in the
Admirality Courts of America for the
recovery of the ship and its cargoes.
Lastly, the court laid down in clear
terms that it had the Jurisdiction to
decide the case because it involved
the violation of the neutrality of
America. The Court concluded that the
moment the Appam entered the
American waters, Germany ceased to
have any legal claim over it.
Ransom of Prize
It is necessary to produce the prize
before a prize court. But International
Law does not forbid the ransoming of the
captured vessel. This may be done
either directly after the capture, or after
the vessel has been conducted to port
but before adjudication. The practice of
accepting any paying ransom grew up on
the sixteenth century. This practice has
now been prohibited by the municipal
law of many countries
Loss of Prize
As pointed out by Oppenheim, A Prize
is lost under the following conditions:
 When she escapes through being
rescued by her own crew;
 When the captor intentionally
abandons her; and
 When she is recaptured.
THANK YOU

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Prize courts

  • 2. PRIZE COURTS The enemy property seized in the sea in violation of rules blockade or contraband are called Prize. In order to acquire ownership over such goods or ships the general practice is that such goods or ship produced before the courts which are called Prize Courts.
  • 3. Nature Of Prize Courts Prize Courts are National courts. The acquire validity from state law. They are not International Courts. It was laid down in the famous case of The Zamora that the British Prize Courts are, in fact , national tribunals.
  • 4. Jurisdiction Of The Prize Courts The Prize Courts derive Jurisdiction from the belligerent states which establish them. The belligerent state establishes these Courts because it is necessary for them to get validity of the goods or ships seized by them certified or verified by such courts. Since Prize Courts are national courts, the state law and notification are binding upon them.
  • 5. Law Applied By Prize Courts The Prize Courts are National Courts but they decide cases submitted before them in accordance with the Law and derive Jurisdiction from the National orders and notifications, in fact, they apply the State Law or the utmost that can be said is that they apply International Law as followed and applied in the particular state.
  • 6. Famous Case The Zamora In the leading case of The Zamora, it was laid down that the Prize Courts are bound by the acts and statutes of the parliament, but they are not bound by such orders of king in council as are contrary to the provisions or rules of the International Law of the effect of which is to modify the International Law. Thus, in short it may be said that Prize Courts decide cases in accordance with the International Law.
  • 7. Case The Appam A leading case in regard to the Jurisdiction of Prize Courts is The Appam. The Appam was a British ship which was seized by the German ships in 1916 during the First World War. The German Officers took the ship under the control, placed it under the authority and control of German Officers and took it to the nearest American port until the time, America was a neutral state. The German Officers requested the Secretary of State of America to detain the ship and its crew in the American port for an indefinite period. America rejected this request and released the crew of the ship. Subsequently the owners of the ship,
  • 8. Case The Appam (CNTD…) The Appam, filed a suit in the Admirality Courts of America for the recovery of the ship and its cargoes. Lastly, the court laid down in clear terms that it had the Jurisdiction to decide the case because it involved the violation of the neutrality of America. The Court concluded that the moment the Appam entered the American waters, Germany ceased to have any legal claim over it.
  • 9. Ransom of Prize It is necessary to produce the prize before a prize court. But International Law does not forbid the ransoming of the captured vessel. This may be done either directly after the capture, or after the vessel has been conducted to port but before adjudication. The practice of accepting any paying ransom grew up on the sixteenth century. This practice has now been prohibited by the municipal law of many countries
  • 10. Loss of Prize As pointed out by Oppenheim, A Prize is lost under the following conditions:  When she escapes through being rescued by her own crew;  When the captor intentionally abandons her; and  When she is recaptured.