Search Legislation

Prize Act 1939

Status:

This is the original version (as it was originally enacted).

Part IAmendments 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 ser-" vice."

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 broughtto 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 forfeitures 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 regulations 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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources