Section 41 Permission to re-captured ship to proceed on voyage.
Where a ship F1or aircraft belonging to any of Her Majesty’s subjects, after being taken as prize by the enemy, is retaken from the enemy by any of Her Majesty’s ships of war, or any of His Majesty’s military aircraft she may, with the consent of the re-captors, prosecute her voyage, and it shall not be necessary for the re-captors to proceed to adjudication till her return to a port of the United Kingdom.
F2The master or owner of the ship or his agent, or the pilot or owner of the aircraft 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.
In case the ship does not, within six months, return to a port of the United Kingdom, or the aircraft does not within six months return to a place within the United Kingdom, the re-captors may nevertheless institute proceedings against the ship aircraft or goods in the High Court of Admiralty, and the Court may thereupon award prize salvage as aforesaid to the re-captors, and may enforce payment thereof . . . F3
Annotations
Textual amendments
- F1
Words substituted by S.I. 1964/488 (1964 I, p. 769), Sch. 1 Pt. I
- F2
Words substituted by Prize Act 1939 (c. 65), Sch. Pt. I
- F3
Words repealed by Prize Courts (Procedure) Act 1914 (c. 13), Sch.