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§ 762.

(Buil. Off. Mar., édit. ref., 1.1, p. 177) et qui part encore de la règle traditionnelle francaise des vingt-quatre heures. Ce dernier arrêté fut abrogé par la loi du 15mars 1916 (Journal Officiel du 18 mars 1916).

Grande-Bretagne, articles 40 et 41 du „Naval Prize Act, 1864", relatifs a la reprise des propriétés anglaises seules: IV. Prize Salvage.

(40) . „Where any ship or goods belonging to any of Her Majesty's subjects, after being taken as prize by the enemy, is or are retaken from the enemy by any of Her Majesty's ships of war, the same shaU be restored by a decree of the Prize Court to the owner, on his paying as prize salvage one eighth part of the value of the prize to be decreed and ascertained by the court, or such sum not exceeding one eighth part of the estimated value of the prize as may be agreed on between the owner and the re-captors, and approved by order of the court; Provided, that where the recapture is made under circumstances of special difficulty or danger, the prize court may, if it thinks fit, award to the recaptors as prize salvage a larger part than one eighth part, but not exceeding in any case one fourth part, of the value of the prize,

Provided also, that where a ship after being so taken is set forth or used by any of Her Majesty's enemies as a ship of war, this provision for restitution shall not apply, and the ship shall be adjudicated on as in other cases of prize."

(41) . „Where a ship 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, 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.

The master, or owner, or his agent may, with the consent of the recaptors, unload and dispose of the goods on board the ship before adjudication.

In case the ship does not, within six months, return to a port of the United Kingdom, the re-captors may nevertheless institute proceedings against the ship or goods in the High Court of Admiralty [depuis 1891: the High Court of Justice; comp. ci-dessus, § 8], and the court may thereupon award prize salvage as af oresaid to the re-captors, and may enforce payment thereof."

Voir aussi „Order" XXX des „Prize Court Rules, 1914" (Prize salvage).

Italië, article 108 des „Norme" de 1917:

„Qualunque nave mercantüe nazionale o aUeata predata dal nemico, che sia stata ripresa, dovra essere restituita al proprietario, salvo rimborso deüe spese occorse."

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