Miller's Marine War Risks

Michael Davey; James Davey and Oliver Caplin

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Page 91

CHAPTER 12 Seizure

Meaning of “seizure”

12.1 The origin of the perils of capture and seizure are treated in the introduction to . The most comprehensive definition of all is that given by Lord Fitzgerald in the House of Lords in Cory & Son v. Burr:1

Capture would seem properly to include every act of seizing or taking by an enemy or belligerent. Seizure seems to be a larger term than capture and goes beyond it, and may reasonably be interpreted to embrace every act of taking forcible possession either by lawful authority or by overpowering force.

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