Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
[6] By the terms of the Giudon de la Mer; the ordinance of Louis XIV,
1681; the treaty of Utrecht, 1713; the treaty of Versailles, 1786;
the right of reprisal was to be granted only to those who could prove
damages done and when the offending state had refused legal redress.
Prizes judged were to be judged in the same way as prize of war and
any surplus in excess of the amount claimed was to be returned,
Carnazza-Amari, op. cit. ii, 596, compare with English statute of
1416, ante p. 35, and note.
[7] Phillimore, op. cit. iii, 601.
[8] On English opposition to the declaration of Paris see Phillimore,
op. cit. iii, 360; T. G. Bowles, Maritime Warfare, London 1878;
Robert Ward, Treatise of the Relative Rights and Duties of
Belligerent and Neutral Powers in Maritime Affairs, 1801, reprinted
with notes on the Declaration of Paris by Lord Stanley of Alderley,
London, 1875.
[9] Sir Thomas Barclay, Privateers, Encyclopedia Britannica, 11th
Edition, xxii, 370.
[10] Phillimore, op. cit. iii, 209.
[11] T. E. Holland, Jurisprudence, 11th Edition, London, 1910, p. 212.
[12] Lord Chancellor Brougham in Alexander vs Duke of Wellington,
2 Russel and Mylne 54, 1831; quoted in Phillimore, op. cit. iii,
209; Walker, The Science of International Law, p. 320; Wheaton,
International Law, p. 490.
[13] 5 C. Rob. 173, 1804, quoted in Atherley-Jones, op. cit. p. 524,
Wheaton, International Law, p. 490.
[14] 37 Geo. III, c 109, 1797.
[15] E. C. Benedict, The American Admiralty, 4th Edition, Albany,
1910. p. 420.
[16] For full text of letter see, Phillimore, op. cit. iii, 666;
Wharton, Digest of the International Law of the United States, 2nd
Edition, Washington, 1887, iii, sec. 330; Moore, International Law
Digest, Washington, 1906, vii, 603.
[17] Le Caux vs Eden, 2 Doug. 595, 99 Eng. Rep. 375; see also
Phillimore, op. cit. iii, 213. As to necessity of a commission to
establish a prize court see ante p.
[18] Huldah, 3 C. Rob. 235, quoted in Atherley-Jones, op. cit. p. 521.
[19] Phillimore, op. cit. iii, 655.
[20] See ante p. 73.
[21] 22 Geo. iii, c 25, s 1, 2, 1782.
[22] The Ships taken at Genoa, 4 C. Rob. 403; The Hoop, 1 C. Rob.
169, quoted in Phillimore, iii, 644.
[23] 27 and 28 Vict., c 25, s 45, 1864; also Holland, Manual of
Naval Prize Law, sec. 273.
PART 3. PRIZE BOUNTY.
As previously noted the distribution of bounty is now regulated by
statute and proclamation. If awarded in any war it is given as head
money of five pounds per man on every enemy armed vessel sunk or
destroyed.[1] The sharers of bounty are much more limited than those
of prize money. Thus joint or constructive captors do not share
and the flag officer if not present has no claim.[2] Only those
who actually take part in the conflict share in bounty. Bounty is
apportioned among the officers and crew of those vessels sharing, in
the same way as prize money, with the exceptions noted above.
_NOTES._
Chapter V, Part 3.
[1] 27 and 28 Vict., c 25, s 42.
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