ABSTRACT
The concept of a “seizure” is thus wider than “capture” and is to be given its ordinary and natural meaning of a forcible taking of possession either by lawful authority or by overpowering force. In order for there to be a seizure, there must be a forcible taking of possession. There are two elements to this, namely force and the taking of possession. The basic question is whether where there is a misappropriation by a person already in actual possession of the vessel or cargo. Misappropriation of the vessel by the Master or crew is barratry, and not a seizure. By way of contrast, where the passengers take control of the ship, there is a seizure, since passengers are not in possession of the vessel. Cases more directly on “seizure” as an insured peril include two of a particularly interesting nature: Powell v. Hyde and Johnston & Co. v. Hogg.
