No. 186.
(GENERAL.)
[Question of Costs in Prize Cases.]
OPINION OF THE LAW OFFICERS.
In our opinion there is no justification to award costs in Prize cases to or against the Crown.
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were all seized under circumstances in which, if condemned, they would have been "droits of Admiralty"; presumably, therefore, the lesser rights now existing in such vessels are also droits of Admiralty," and any profits realised from the user of such of these vessels as have been requisitioned also constitute such droits.
Special grants out of droits of Admiralty or droits of the Crown were at the time of the Napoleonic wars--effected by means of a warrant to the Registrar of the Admiralty Court signed by three of the Lords of the Treasury and under the Royal Sign Manual, on which an order of the Court was made for payment out to the grantee. A similar procedure was followed after the Crimean war, except that only to Lords signed the warrant (see 12 & 13 Vict., c. 89).
The Law Officers are requested to advise the Treasury generally on the questions discussed in the minutes and in this case,
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OPINION.
1. We think that (a) enemy ships captured by the commissioned vessels of the Crown or driven in by them are droits of the Crown; (b) enemy ships captured in harbour, &c., by other means are droits of Admiralty.
2. The old practice was to treat these droits on an entirely separate footing. Droits of Admiralty were dealt with by the Treasury. The proceeds, subject to rewards to the captors in the nature of salvage, belonged to the King in his office of Admiralty. Droits of the Crown, so far as concerns naval prize, were dealt with by the Admiralty and the proceeds distributed as prize money.
3. Since 1830, when these rights were surrendered by William IV. (1 Will. IV.
c. 25), the rights of the Crown have been limited to those set out in Section 12 of that Act, which, we think, is still in force, having regard to section 12 of the Statute 1 Vic., c. 2 and section 9 (2) of the Statutes 1 Edw. VII., c. 4 and 1 Geo. V., c. 28.
4. It follows, therefore, that Parliamentary sanction is necessary for any application of the proceeds of such droits which is not warranted by the old practice.
5. We think it is doubtful whether the Crown has a right to distribute the proceeds of naval prize among the officers and crews of the Royal Navy generally, and if the old practice is departed from we think the distribution should be regulated by Act of Parliament."
6. We think that the proceeds of neither of these droits are available without Parliamentary sanction to make any ex gratia payments, e.g., claims recommended for consideration by the Prize Committee.
EDWARD CARSON.
Law Officers' Department,
2nd July, 1915.
F. E. SMITH.
Law Officers' Department,
2nd July, 1915.
(6772-2.) Wt 7-999, 25, 1915, D&8. G. 1.
EDWARD CARSON.
F. E. SMITH.
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PUBLIC RECORD OFFICE
Reference :-
C.O.885
16 PUBLIC RECORD OFFICE, LONDON
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