Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
Another act of 1707[7] extended the act previously mentioned to
captures made in America and provided for prize jurisdiction in
colonial courts of vice admiralty. The outbreak of the war of the
Austrian succession brought forth the prize act of 1740.[8] This
added to Queen Anne's act the provision that vessels recaptured
should be restored to the original owners on the payment of one
eighth salvage. A new act was passed in 1744[9] which repeated
the former acts adding provisions in regard to privateers. It was
provided that captures by privateers should belong to the ship
exclusively and division between the owners and crew should be
regulated by special contract between them. The admiralty was
authorized to issue letters of Marque on receiving of satisfactory
bond of good behaviour from the owners.
The act of 1756[10] repeated the provisions of the preceding act
with reference to the Seven Years war, as did the act of 1776[11]
with reference to the American Revolution and the acts of 1779,[12]
1780,[13] and 1781[14] passed on the outbreak of hostilities
with France, Spain and Holland, respectively. In the act passed
in 1793[15] to regulate prize matters in the French war a few
new provisions were added. Captures on land were put under the
jurisdiction of the admiralty and similar principles of division
authorized. Joint captures by land and naval forces were to be
divided by special orders in council. Recaptures were to be returned
on paying a salvage of one-eighth in case the capture was made by a
public vessel, and one-sixth if made by a privateer. The duration of
this act was extended by an act of 1797.[16] At the outbreak of war
with America a prize proclamation was issued, Oct. 26, 1812.[17] It
provided "That the net produce of all prizes taken, the right whereof
is inherent in His Majesty and his crown be given to the takers".
Rules were then given for the division among the officers and crew.
An act of 1813[18] authorized this proclamation and an act of the
following year[19] gave complete rules for prize distribution. Aside
from the matters covered in previous acts it provided that all prize
money shares not claimed or forfeited should go to the support of
the Greenwich naval hospital. An elaborate scheme for the division
of shares was included. By this scheme the proceeds of prizes taken
before 1808 were to be divided into five shares, besides the flag
shares, which were to be divided among five grades of seamen. Those
taken after 1808 were to be divided into eight shares and in the same
manner distributed among eight grades of seamen. The sizes of vessels
were evidently increasing rapidly, to necessitate this change in the
number of grades of mariners.
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