Prize Act 1939

PART I Amendments of Prize Acts in relation to Aircraft

Act amended.	Amendment.
The Naval Prize Act, 1864 (27 & 28 Vict. c. 25).	In section two, for the words " and others on " board any of Her Majesty's ships of " war" there shall be substituted the words " airmen and others on board any " of His Majesty's ships of war or any of " His Majesty's military aircraft " ; for the words " (other than ships) " there shall be substituted the words " but does not in- " elude ships, and does not include air-" craft which are not part of the cargo of a " ship "; and at the end of that section there shall be inserted the following paragraphs :— The term ' aircraft papers ' includes " all books, passes, charter parties, bills " of lading, manifests, certificates, " licences, lists, tickets, notes, letters " and other documents and writings " delivered up or found on board a " captured aircraft. The term ' any of His Majesty's " military aircraft ' includes any air-" craft belonging to His Majesty's naval, " military or air forces, and any hired " armed aircraft in His Majesty's service."
	In section sixteen, after the second paragraph thereof there shall be inserted the following paragraphs :— Every aircraft taken as prize and "brought to a place within the juris-" diction of a prize court, shall forthwith, " and without bulk broken, be delivered " up to the marshal of the court. If there is no such marshal, then the aircraft shall be in like manner delivered up to such person as the court may appoint; and in the third paragraph thereof after the words " The ship " there shall be inserted the words " or aircraft ", and after the word " officer " there shall be inserted the words " or person ".
	In section seventeen, for the first paragraph thereof there shall be substituted the following paragraph :— The captors shall with all practicable " speed after the ship is brought into " port, or the aircraft is brought to a " place within the jurisdiction of a prize " court, bring the ship papers or the " aircraft papers, as the case may be, " into the registry of the court; in the second paragraph thereof, after the words " capturing ship " there shall be inserted the words " or capturing aircraft ", , and after the words " ship papers " in each place where those words occur, there shall be inserted the words " or aircraft papers"; and in the third paragraph thereof, after the words " ship papers " there shall be inserted the words " or aircraft papers ", after the words " captured ship " there shall be inserted the words " or captured aircraft ", and after the words " capturing ship " there shall be inserted the words " or capturing aircraft ".
	In section thirty-one, after the word "ships" there shall be inserted the words " and aircraft "; and after the word "ship" there shall be inserted the words " or aircraft ".
	In section forty, in the first paragraph thereof, after the word " ship " there shall be inserted the word " aircraft ", and after the words " any of Her Majesty's ships of war " there shall be inserted the words " or any of His Majesty's military aircraft " ; and in the second paragraph thereof after the word " ship " in each place where that word occurs, there shall be inserted the words " or aircraft ", and after the words as a ship of war " there shall be inserted the words " or as a military aircraft ".
	In section forty-one, in the first paragraph thereof after the word " ship " there shall be inserted the words " or aircraft ", and after the words " any of Her Majesty's ships of war " there shall be inserted the words " or any of His Majesty's military aircraft " ; for the second paragraph thereof there shall be substituted the following paragraph :— The master or owner of the ship or his " agent, or the pilot or owner of the air-" craft 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; and in the third paragraph thereof after the words " United Kingdom " there shall be inserted the words " or the aircraft " does not, within six months, return to a " place within the United Kingdom," and after the word " ship " in the second place where that word occurs there shall be inserted the word " aircraft ".
	In section forty-seven, after the word " ships " in each place where that word occurs there shall be inserted the word " aircraft " and after the words " United Kingdom " there shall be inserted the words " or brought ", to a place within the United Kingdom, " as the case may be,".
	After section forty-eight, there shall be inserted the following section :— 48A Where any aircraft or goods taken " as prize is or are brought to any place " within the jurisdiction of a prize court, " the pilot or other person in charge or " command of the aircraft which has been " taken or in which the goods are brought " shall, when required by any officer " of Customs deliver an account in " writing under his hand concerning " such aircraft and goods, giving " such particulars relating thereto as " may be in his power, and shall truly " answer all questions concerning such " aircraft or goods asked by any such " officer, and in default shall forfeit a " sum not exceeding one hundred pounds, " such forfeiture to be enforced as for " -feitures for offences against the laws " relating to the Customs are enforced; " and every such aircraft shall be liable " to such searches as other aircraft are " liable to; and the officers of the " Customs may freely go on board such " aircraft and bring to the King's ware- " house any goods on board the same, " subject, nevertheless, to such regul " -ations in respect of military aircraft " belonging to His Majesty as shall "from time to time be issued by the " Treasury."
	In section fifty-five, in paragraph (1) thereof after the words " any of Her Majesty's ships of war " there shall be inserted the words " or any of His Majesty's military aircraft ", and after the word " ship " there shall be inserted the word " aircraft "; and in paragraph (5) thereof after the word " ship in each place where that word occurs, there shall be inserted the word " aircraft ".
The Prize Courts (Procedure) Act, 1914 (4 & 5 Geo. 5. c. 13).	In section one, after the words " ships of war", in each place where those words occur, there shall be inserted the words " or military aircraft ".
The Prize Courts Act, 1915 (5 & 6 Geo. 5. c. 57).	In section three, in subsection (1) thereof, after the words " or the ship " there shall be inserted the words " or the aircraft "; and in subsection (2) thereof after the word " ship," in each place where that word occurs, there shall be inserted the words " or aircraft ".