Negligence on the part of the captors in caring for the prize or infringement of national or international laws on the subject will result in the forfeiture of all share of the prize[24] and indeed as already observed[25] without any fault on the part of the captor the crown may refuse the captors any share by returning the vessel as a matter of policy. This almost always occurs at the close of a war when it is usually provided by treaty that unadjudicated prizes should be returned. The captor's rights in prize are purely at the mercy of the crown. What he receives he receives by the crown's grace and not by legal right.
NOTES.
Chapter V, Part 5.
[1] See post [p. 102 to 104].
[2] 27 and 28 Vict., c 25, s 38, 1864.
[3] See Higgins, The Hague Peace Conferences, for all international conventions bearing on these points.
[4] See ante [p. 82 et. seq.]
[5] Statutory Rules and Orders, revised, 1903, tit. Navy, ix. 109.
[6] See ante [p. 61 and 62.]