Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
In the Crimean war of 1854 England followed her old policy in
prize distribution.[26] The act of 1815 was practically reenacted.
In addition it was provided that for any breach of her majesty's
instructions or the law of nations the shares of prize money would
be forfeited to the crown. In this war Great Britain was in alliance
with France and an interesting treaty was entered into by the two
countries providing for the division of prizes between them.[27]
Prizes were to be adjudicated by the courts of the country of the
officer in superior command in the engagement. Joint captors in sight
were to share but adjudication was always to be by the country of the
ship making the actual capture. If vessels of one of the allies
were captured for illicit trade it was to be tried by the country
of the captured vessel. In case of vessels of the two countries
acting in conjunction or of vessels of the two countries giving
constructive assistance the net proceeds were to be divided to the
several vessels according to the number of men on board irrespective
of rank. Distribution was to be regulated by the municipal laws of
each country. The treaty also contained instruction for bringing in
prizes. A similar treaty was entered into by France and Great Britain
in their joint expedition against China in 1860.[28]
_NOTES._
Chapter IV, Part 1.
[1] 4 and 5 William and Mary, c 25, 1692.
[2] Marsdon, English Historical Review, xxvi, 51.
[3] 6 Anne, c 13, 1707.
[4] Brymer vs Atkins, 1 H. Blacks, 189; 126 Eng. Rep. 97; see also
Phillimer, op. cit. iii, 576.
[5] 13 Car. II, c 9, 1661.
[6] 27 and 28 Vict. c 25, 1864.
[7] 6 Anne, c 37, 1707.
[8] 13 Geo. II, c 4, 1740.
[9] 17 Geo. II, c 34, 1744.
[10] 29 Geo. II, c 34, 1756; 32 Geo. II, c 25, 1759.
[11] 16 Geo. III, c 5, 1776.
[12] 19 Geo. III, c 67, 1779.
[13] 20 Geo. III, c 23, 1780.
[14] 21 Geo. III, c 15, 1781.
[15] 33 Geo. III, c 66, 1793.
[16] 37 Geo. III, c 109, 1797.
[17] State Papers, Foreign and Domestic, i, 1348.
[18] 53 Geo. III, c 63, 1813.
[19] 54 Geo. III, c 93, 1814.
[20] 55 Geo. III, c 160, 1815.
[21] State Papers, xx, 1214.
[22] Ibid. xxxiv, 438.
[23] Ibid. xxxix, 1252.
[24] 2 and 3 Vict., c 73, 1839.
[25] 5 and 6 Vict., c 91, 1842.
[26] 17 Vict., c 18, 1854.
[27] De Martens, Nouveau Recueil General de Traités, xv, 580.
[28] Ibid. xx, 460.
PART 2. 1864-1913.
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