The Bangor
| Jurisdiction | England & Wales |
| Judgment Date | 09 June 1916 |
| Date | 09 June 1916 |
| Court | Probate, Divorce and Admiralty Division |
Prize Court
Sir S. T. Evans, President
The Bangor
The AnneUNK 3 Wheaton, 435
The Lilla 2 Sprague, 177
The Sir Wm. PeelUNK 5 Wall, 517
The AdelaUNK 6 Wall. 263
Hogue Conference 1907, Convention XIII.
Prize Court — Neutral ship — Capture
MARITIME LAW CASES. 397 Prize Ct.] The Bangor. [Prize CT. PROBATE, DIVORCE, AND ADMIRALTY DIVISION. PRIZE COURT. May 30 and June 9,1916. (Before Sir 8. T. Evans. President.) The BANGOR. (a) Prize Court - Neutral ship - Capture - Unneutral service -Capture in neutral territorial waters - Validity of capture-Restitution - Right to demand restitution - Hague Conference 1907, Convention XIII It is an established rule of international law that a capture within the territorial waters of a neutral is as between enemy belligerents, rightful for all purposes, and it is only by the neutral State concerned that the legal validity of the capture can be questioned. Neither an enemy, nor a neutral acting the part of an enemy, as, for instance, by being guilty of unneutral service, can demand the restitution of captured property on the sole ground of its capture within neutral waters. This rule of international law has been in no way modified by Convention XIII of the Hague Conference 1907. This was a case in which the Procurator-General asked for the condemnation of a nentral vessel and her cargo on the gronnd that at the time of her capture she was engaged in unnentral service. The cargo consisted of coal and stores, and the unneutral service complained of was that the vessel was acting as an enemy supply ship. The Bangor was a steamship of 5133 tons register and, until Oct. 1914, was owned by a Norwegian company. In Oct. 1914, whilst at sea, she was sold to one R. Sahren, a United States citizen, but she continued to fly the Norwegian flag. On the 2Sth Deo. 1914 the Bangor left Copenhagen for New york, carrying a small general cargo, and reached her destination on the 17th Jan. 1915. Two days before her arrival at New York permission bad been given by the Collector of Crotoms at Cbristiania for the name of the ship to be changed to Seattle, and on the 28bh Jan. a note of the change of name was made on the ship's papers by the Norwegian Consul in New York. It appeared, however, that the new name was not painted up until a long time after-wards. On the 28th Jan. 1915 the Bangor sailed from New York for Baltimore in ballast. She arrived at Baltimore on the 30th Jan., where she remained until she left for Buenos Aires on the 4th Feb. Whilst at Baltimore, the Bangor took in a cargo of 6895 tons of coal (in addition to 1274 tons in her bunkers), 50 tons of stores in the shape of preserved provisions, and ten cases of electrical gear. The bills of lading were not forthcoming, but the manifest as wall as the log heading showed that the coal and the electrical gear were...
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