Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
In 1815 a very elaborate act[20] was called forth by the return of
Napoleon from Elba, entitled "an act for the encouragement of seamen
and the more effectual manning of his majesty's navy during the
present war." It provided that the flag officers, commanders and crew
should have sole right in all prizes taken by public armed vessels
declared lawful prize before courts of admiralty or vice admiralty
to be divided in proportions from time to time decreed by orders
in council. Hired armed vessels were subject to the same rules.
Captures made with aid of allies were to be divided equally with the
ally. Land captures made by the navy were also the sole property of
the captors after proper adjudication, but joint captures by land
and naval forces were to be subject to special order in council.
Desertion, forfeited shared of prize money. Recaptures were to be
returned to the original owner on the payment of one-eighth salvage
if the captor was a public vessel and one-sixth if a private vessel,
except that if the recaptured vessel had been fitted out by the enemy
as a war ship it should not be returned to the original owner but
should be declared good prize for the benefit of the captors. Head
money or bounty of five pounds per man on board every enemy ship at
the beginning of an engagement was to be paid all vessels capturing,
sinking or destroying a war ship or privateer of the enemy. Ransom of
captured vessels was forbidden except in case of necessity. All money
given as bounty or salvage was to be subject to the same rules of
division as prize money. Letters of Marque were to be granted on
proper security for good behavior and the privateers were to be sole
proprietors of all captures after proper adjudication. The force of
this act only extended to the pending war.
During the middle of the nineteenth century England was engaged
in an active campaign to suppress the slave trade. As a result
proclamations were constantly issued decreeing the division of the
proceeds of vessels captured in this trade. The same rules were
followed as in the case of prizes of war, the whole of the captures
being given to the captor after adjudication. Such proclamations
were issued in 1834,[21] 1846,[22] 1849[23] and were authorized by a
statute passed in 1839[24] and amended in 1842.[25]
Public-domain text, read in full here on John Shaqi.
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