having been informed of these proceedings, called upon The Huascar to surrender, and offered to land the crew on convenient neutral territory. The demand for the surrender of the vessel having been refused, the admiral thereupon opened fire upon her from The Shah and The Amethyst, two wooden war-ships. Shortly afterwards the vessel surrendered to the Peruvian national squadron. The Peruvian Government, which had previously disclaimed all responsibility for the acts of The Huascar, subsequently demanded reparation from the British Government. This, however, was refused, the law officers advising that Admiral de Horsey's proceedings were justifiable. The ship, it was stated by the Attorney-General, had committed acts which made her an enemy of Great Britain, and she was in the hands of insurgents not in a position to claim belligerent rights. The subject of Piracy is discussed at some length both in Wheaton's International Law (2 Eng. ed. 166–173), and Kent's International Law (2nd ed. 399-414). Pitt Cobbett's "Leading Cases," pp. 82-93, may also be usefully referred to in this connexion. See also p. 91, supra, sub Privateering. Insurance. The ordinary marine policy specifically undertakes the risk of "pirates, rovers . . . and all other perils," i. e. all other perils of the like kind. Therefore, although a loss may fail to come strictly within what may be considered to be the technical definition of piracy, yet, if the loss be ejusdem generis with piracy, the underwriters will, under the above general words, be liable. In Palmer v. Naylor (m), where some coolie passengers rose and murdered the captain and seized the ship for the purpose of getting ashore, Lord Coleridge said that it was admitted that the seizure was "either a direct act of piracy, or an act so entirely ejusdem generis, that if not deduced from the general words of the policy, they are included in the general words at the foot of the peril clause." (m) 24 L. T. 83. In Nesbitt v. Lushington 'n, during a famine in Ireland, a corn-laden vessel was forcibly taken possession of by the mob and run upon the rocks. The mob “requisitioned" the cargo, paying for it on their own terms. For the loss thus arising a claim was brought against the underwriters. The first count of plaintiffs' claim was a loss under the worls in the policy"arrests, restraints, and detainments of all ... people." The second, a loss by "pirates." As regards the first. the Court decided in favour of the underwriters, on the ground that the "people" contemplated under the words relied upon must be taken to mean the ruling power of the country. But on the second count defendants were held liable, the Court deciding that the loss fell within a capture by pirates. In cases where the insurance excludes the risk of capture generally, an exception-perhaps in consequence of the judgment in Johnston v. Hogg (o)-is sometimes made in favour of capture by pirates. The Lloyd's F. C. & S. clause runs as follows: “Warranted free of capture, seizure and detention, and the consequences thereof, or of any attempt thereat, piracy excepted, and also from all consequences of hostilities or warlike operations, whether before or after declaration of war" (p). (n) 4 T. R. 783. For further minor references to the subject of Piracy generally, vide Arnould's Insurance, 5th ed. p. 756. (6) Page 79, supra. (p) Owen's Marine Insurance Notes and Clauses, 2nd ed. P. 19. APPENDIX. NAVAL PRIZE ACT, 1864. (27 & 28 VICT. c. 25.) An Act for regulating Naval Prize of War. [23rd June, 1864.] WHEREAS it is expedient to enact permanently, with amendments, such provisions concerning naval prize, and matters connected therewith, as have heretofore been usually passed at the beginning of a war: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Preliminary. 1. This Act may be cited as the Naval Prize Act, 1864. 2. In this Act Short title. Interpreta The term "the Lords of the Admiralty" means the Lord tion of terms. The term "any of her Majesty's ships of war" includes The term "officers and crew" includes flag officers, commanders, and other officers, engineers, seamen, marines, soldiers, and others on board any of her Majesty's ships of war: The term "ship' " includes vessel and boat, with the tackle, furniture, and apparel of the ship, vessel, or boat: The term "ship papers" includes all books, passes, sea briefs, charter parties, bills of lading, cockets, letters, and other documents and writings delivered up or found on board a captured ship: The term "goods" includes all such things as are by the course of Admiralty and law of nations the subject of adjudication as prize (other than ships). High Court of Admiralty I.-PRIZE COURTS. 3. The High Court of Admiralty, and every Court of Admiralty or of Vice-Admiralty, or other Court exercising Admiralty jurisdiction in her Majesty's dominions, for the time being authorized to take cognizance of and judicially for purposes proceed in matters of prize, shall be a Prize Court within the meaning of this Act. and other Courts to be Prize Courts of Act. Jurisdiction of High Court of Admiralty. Appeal to Jurisdiction of Judicial Every such Court, other than the High Court of Admiralty, is comprised in the term "Vice-Admiralty Prize Court," when hereafter used in this Act. High Court of Admiralty. 4. The High Court of Admiralty shall have jurisdiction throughout her Majesty's dominions as a Prize Court. The High Court of Admiralty as a Prize Court shall have power to enforce any order or decree of a Vice-Admiralty Prize Court, and any order or decree of the Judicial Committee of the Privy Council in a prize appeal. Appeal; Judicial Committee. 5. An appeal shall lie to her Majesty in Council from any order or decree of a Prize Court, as of right in case of a final decree, and in other cases with the leave of the Court making the order or decree. Every appeal shall be made in such manner and form and subject to such regulations (including regulations as to fees, costs, charges, and expenses) as may for the time being be directed by Order in Council, and in the absence of any such order, or so far as any such order does not extend, then in such manner and form and subject to such regulations as are for the time being prescribed or in force respecting maritime causes of appeal. 6. The Judicial Committee of the Privy Council shall have jurisdiction to hear and report on any such appeal, and may therein exercise all such powers as for the time being apper- Committee in tain to them in respect of appeals from any Court of Admi- prize appeals. ralty jurisdiction, and all such powers as are under this Act vested in the High Court of Admiralty, and all such powers as were wont to be exercised by the Commissioners of Appeal in prize causes. 7. All processes and documents required for the purposes Custody of of any such appeal shall be transmitted to and shall remain processes, in the custody of the Registrar of Her Majesty in Prize papers, &c. Appeals. 8. In every such appeal the usual inhibition shall be Limit of time extracted from the Registry of Her Majesty in Prize Appeals for appeal. within three months after the date of the order or decree appealed from if the appeal be from the High Court of Admiralty, and within six months after that date if it be from a Vice-Admiralty Prize Court. The Judicial Committee may, nevertheless, on sufficient cause shown, allow the inhibition to be extracted and the appeal to be prosecuted after the expiration of the respective periods aforesaid. Vice-Admiralty Prize Courts. 9. Every Vice-Admiralty Prize Court shall enforce within Enforcement its jurisdiction all orders and decrees of the Judicial Com- of orders of mittee in prize appeals and of the High Court of Admiralty High Court, in prize causes. &c. 10. Her Majesty in Council may grant to the judge of any Salaries of Vice-Admiralty Prize Court a salary not exceeding five hun- judges of dred pounds a year, payable out of money provided by Vice-AdmiParliament, subject to such regulations as seem meet. A judge to whom a salary is so granted shall not be entitled to any further emolument, arising from fees or otherwise, in respect of prize business transacted in his Court. An account of all such fees shall be kept by the registrar of the Court, and the amount thereof shall be carried to and form part of the consolidated fund of the United Kingdom. ralty Prize Courts. 11. In accordance, as far as circumstances admit, with the Retiring principles and regulations laid down in the Superannuation pensions of Act, 1859, her Majesty in Council may grant to the judge of judges, as in any Vice-Admiralty Prize Court an annual or other allowance, to take effect on the termination of his service, and to be payable out of money provided by Parliament, 22 & 23 Vict. c. 26. |