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Naval Prize Act 1864

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55Not to affect rights of Crown; effect of treaties, &c.E+W+S+N.I.

Nothing in this Act shall—

(1)give to the officers and crew of any of Her Majesty’s ships of war [F1or any of His Majesty’s military aircraft] any right or claim in or to any ship [F1aircraft] or goods taken as prize or the proceeds thereof, it being the intent of this Act that such officers and crews shall continue to take only such interest (if any) in the proceeds of prizes as may be from time to time granted to them by the Crown; or

(2)affect the operation of any existing treaty or convention with any foreign power; or

(3)take away or abridge the power of the Crown to enter into any treaty or convention with any foreign power containing any stipulation that may seem meet concerning any matter to which this Act relates; or

(4)take away, abridge, or control, further or otherwise than as expressly provided by this Act, any right, power, or prerogative of Her Majesty the Queen in right of her Crown, or in right of her office of Admiralty, . . . F2

(5)take away, abridge, or control, further or otherwise than as expressly provided by this Act, the jurisdiction or authority of a prize court to take cognizance of and judicially proceed upon any capture, seizure, prize, or reprisal of any ship [F1aircraft] or goods, and to hear and determine the same, and, according to the course of Admiralty and the law of nations, to adjudge and condemn any ship [F1aircraft]or goods, or any other jurisdiction or authority of or exercisable by a prize court.

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Amendments (Textual)

F2Words repealed by S.I. 1964/488 (1964 I, p. 769), Sch. 1 Pt. I

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