Post by Sir C. M. Siervicül on Mar 16, 2006 23:14:11 GMT -6
WHEREAS the practice of privateering is lawful in the Kingdom of Talossa, and
WHEREAS the temptation of easy booty has from time to time tempted otherwise honourable privateers to stray beyond the strict limits of their lawful authority, and
WHEREAS civilized nations have historically seen fit to restrain such excesses under admiralty and international law through the adjudication by prize courts of captures of prizes by privateers, and
WHEREAS privateering has also historically served as a valuable source of revenue for those monarchs who have seen fit to liberally grant letters of marque and reprisal to their subjects, and
WHEREAS there's no reason the Private Adventurers of the Kingdom of Talossa should take advantage of His Majesty's grace in granting them the authority to legally prey on the shipping of His Majesty's enemies without giving a little something back to the Crown in return,
THEREFORE the Ziu hereby enacts that:
1. Upon taking a prize pursuant to the authority granted by a letter of marque and reprisal, a Private Adventurer shall as soon as reasonably practicable report the capture to the Admiralty, describing the vessel captured, its contents, and the circumstances of the capture. Upon receipt of such notice and the return of the Private Adventurer to port, the Admiralty shall convene a prize tribunal, consisting of one or more members of the Royal Talossan Bar, which shall make an administrative determination of the nationality of the captured vessel and the appropriate disposition of the prize in accordance with this Act.
2. If a prize is captured while under the flag of an enemy state, while transporting military materiel, military supplies, or contraband in support of an enemy state, or while engaged in hostilities against the Kingdom of Talossa or its allies, the Private Adventurer shall be entitled to three-fourths of the prize and the Crown shall be entitled to one-fourth of the prize.
3. If a prize is captured while under a flag of piracy, or was otherwise a pirate in fact, the prize tribunal shall make a reasonable effort to determine the rightful innocent owner of the vessel or its contents. If the rightful innocent of any property is located, such property shall be returned to its owner, but the Private Adventurer shall be entitled to one-fourth of its value for his services. If no rightful innocent owner can be found for any property confiscated from a pirate, the Private Adventurer shall be entitled to three-fourths of such property and the Crown shall be entitled to one-fourth of such property.
4. If a prize is captured while engaged in peaceful commerce under the flag of a neutral or friendly state, the prize shall be returned to its owner and the Private Adventurer shall be admonished to take a little more care next time.
5. If a prize is captured while engaged in peaceful commerce or other lawful business under Talossan flag, the prize shall be returned to its owner and, if such capture was knowing, the prize tribunal shall recommend that the Admiralty revoke the Private Adventurer's letter.
6. The Private Adventurer or any party claiming an interest in a prize may petition the Uppermost Court to enforce or review any determination made by a prize tribunal.
Ureu q'estadra så: C.M. Siervicül (MC, Maricopa)
WHEREAS the temptation of easy booty has from time to time tempted otherwise honourable privateers to stray beyond the strict limits of their lawful authority, and
WHEREAS civilized nations have historically seen fit to restrain such excesses under admiralty and international law through the adjudication by prize courts of captures of prizes by privateers, and
WHEREAS privateering has also historically served as a valuable source of revenue for those monarchs who have seen fit to liberally grant letters of marque and reprisal to their subjects, and
WHEREAS there's no reason the Private Adventurers of the Kingdom of Talossa should take advantage of His Majesty's grace in granting them the authority to legally prey on the shipping of His Majesty's enemies without giving a little something back to the Crown in return,
THEREFORE the Ziu hereby enacts that:
1. Upon taking a prize pursuant to the authority granted by a letter of marque and reprisal, a Private Adventurer shall as soon as reasonably practicable report the capture to the Admiralty, describing the vessel captured, its contents, and the circumstances of the capture. Upon receipt of such notice and the return of the Private Adventurer to port, the Admiralty shall convene a prize tribunal, consisting of one or more members of the Royal Talossan Bar, which shall make an administrative determination of the nationality of the captured vessel and the appropriate disposition of the prize in accordance with this Act.
2. If a prize is captured while under the flag of an enemy state, while transporting military materiel, military supplies, or contraband in support of an enemy state, or while engaged in hostilities against the Kingdom of Talossa or its allies, the Private Adventurer shall be entitled to three-fourths of the prize and the Crown shall be entitled to one-fourth of the prize.
3. If a prize is captured while under a flag of piracy, or was otherwise a pirate in fact, the prize tribunal shall make a reasonable effort to determine the rightful innocent owner of the vessel or its contents. If the rightful innocent of any property is located, such property shall be returned to its owner, but the Private Adventurer shall be entitled to one-fourth of its value for his services. If no rightful innocent owner can be found for any property confiscated from a pirate, the Private Adventurer shall be entitled to three-fourths of such property and the Crown shall be entitled to one-fourth of such property.
4. If a prize is captured while engaged in peaceful commerce under the flag of a neutral or friendly state, the prize shall be returned to its owner and the Private Adventurer shall be admonished to take a little more care next time.
5. If a prize is captured while engaged in peaceful commerce or other lawful business under Talossan flag, the prize shall be returned to its owner and, if such capture was knowing, the prize tribunal shall recommend that the Admiralty revoke the Private Adventurer's letter.
6. The Private Adventurer or any party claiming an interest in a prize may petition the Uppermost Court to enforce or review any determination made by a prize tribunal.
Ureu q'estadra så: C.M. Siervicül (MC, Maricopa)
