Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
Prize distribution in Great Britain at present is authorized by two
permanent acts passed in 1864. The first of these acts known as
the "Naval agency and distribution act of 1864"[1] provides that
all salvage, bounty and prize money be distributed according to
proclamation or order in council and that the shares in which such
distribution shall occur be determined in the same manner. Pursuant
to this act a proclamation was issued August 3, 1886[2] providing
that the whole of prizes legally adjudicated be for the benefit of
officers and seamen making the capture and that the flag officers
receive one-thirtieth of the proceeds and the captain one-tenth. The
remainder is to be divided equally among eleven grades of officers
and seamen. This rule has been superseded by an Order in Council
of September 17, 1900[3] shortly after the outbreak of the South
African war. It provides that only ships within sight so as to cause
intimidation of the enemy are to share in prize money as joint
captors. All bounty, salvage and prize money received for any action
are to be in general divided in the same manner. The flag officer
is to receive one-thirtieth of the prize but no share of bounty,
unless actually present at the capture. The captain in actual command
receives one-tenth. The remainder is divided among eleven grades of
officers and men as before.
The other act now in force regulating prize matter is the "Naval
Prize Act of 1864".[4] It provides for prize courts and prescribes
their procedure, these matters however have been amended by "the
prize courts act of 1894".[5] In joint captures by land and naval
forces prize courts have jurisdiction. In cases of the infraction of
municipal or international law all proceeds of the prize go to the
government, notwithstanding any grant that may have been made to the
captors. Ships taken as prize by any ship other than a regular ship
of war enure solely to the government. This provision effectually
abolishes privateering. Recaptured ships are to be returned to the
original owner if an English subject on payment of from one-eighth to
one-fourth salvage unless they have been fitted out by the enemy as
ships of war when they will be considered good prize. If prize bounty
is granted in any war by proclamation the officers and crew actually
present at the taking or destroying of any armed ship of the enemy
are entitled to bounty calculated at the rate of five pounds for each
person on board the enemy's ship at the beginning of the engagement.
The saving clause of the act states that "nothing in this act shall
give to the officers and crew of any of her majesty's ships of war
any right or claim in or to any ship or goods taken as prize or the
proceeds thereof, it being the intent of this act that such officers
and crews shall consent to take only such interest (if any) in the
proceeds of prizes as may be from time to time granted to them by the
crown." The principle that original title to all prize vests in the
Public-domain text, read in full here on John Shaqi.
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