to the faid diftribution, not herein fufficiently provided for, the fame fhall be referred to our Lords Commiffioners of the Admiralty, whose direction thereupon shall be final, and have the fame force and effect as if herein inferted. Provided, that if any officer being on board any of our ships of war, at the time of taking any prize, shall have more commiffions or offices than one, fuch officer shall be entitled only to the share or shares of the prizes, which, according to the above-mentioned diftribution, shall belong to his fuperior commiffion or office. Provided alfo, that in all prizes taken by any of our fquadrons, fhips, or veffels, while acting in conjunction with any fquadron, ship, or veffel of any other power that may be in alliance with us, a fhare of such prizes shall be set apart, and be at our further difpofal, equal to that share which the flag and other officers and crews of fuch fquadron, fhips, or veffels, would have been entitled to if they had belonged to us. And we do hereby strictly enjoin all commanders of our ships and veffels of war taking any prize, to transmit as foon as may be, or cause to be tranfmitted to the commiffioners of our navy, a true lift of the names of all the officers, feamen, marines, foldiers, and others, who were actually on board our fhips and veffels of war, under their command at the time of the capture; which lift fhall contain the quality of the service of each perfon on board, together with the description of the men, taken from the description books of the capturing fhip or fhips, and their feveral ratings; and be fubfcribed by the captain or commanding officer, and three or more of the chief officers on board. And we do hereby require and direct the commiffioners of our navy, or any three or more of them, to examine or cause to be examined, fuch lifts, by the mufter books of fuch fhips and veffels of war and lifts annexed thereto, to fee that fuch lifts do agree with the faid mufter books and annexed lifts, as to the names, qualities, or ratings of the officers, feamen, marines, foldiers, and others belonging to such fhips and veffels of war; and upon requeft, forthwith to grant a certificate of the truth of any lift tranfmitted to them, to the agents nominated and appointed by the captors to take care and difpofe of fuch prize. And alfo upon application to them the faid commiffioners they fhall give, or cause to be given, to the faid agents, all fuch lifts, from the muster books of any such ship of war, and annexed lifts, as the faid agents fhall find requifite for their direc tion in paying the produce of fuch prizes; and otherwife shall be aiding and affifting to the faid agents, in all fuch matters as shall be neceffary. We do hereby further will and direct, that the following regulations fhall be obferved, concerning the one-eighth part, hereinbefore mentioned, to be granted to the Flag, or Flag Officers, who shall actually be on board at the taking of any prize, or shall be directing or affifting therein. Firft, That a captain of a ship fhall be deemed to be under the command of a flag, when he fhall actually have received fome order directly from, or be acting in execution of fome order iffued by a flag officer, and shall be deemed to continue under the command of fuch flag, fo long as the flag officer by whom the order was iffued, or any other flag officer acting upon the fame ftation, fhall continue upon fuch ftation; or until such captain shall have received fome order directly from or be acting in execution of fome order iffued by fome other flag officer, or the Lords Commiffioners of the Admiralty. Secondly, That a Flag Officer Commander in Chief, when there is but one Flag Officer upon fervice, fhall have to his own use, the faid one-eighth part of the prizes taken by fhips and veffels under his command. Thirdly, That a flag officer, fent to command on any station, fhall have no right to any fhare of prizes taken by ships or veffels employed there, before he arrives within the limits of fuch ftation, and actually takes upon him the command, by communicating orders to the flag officer previously in command: fave only that he shall be entitled to a fhare of prizes taken by thofe particular fhips, to which he shall actually have given fome order, and taken under his command, within the limits of fuch station. Fourthly, That a commander in chief or other flag officer, appointed or belonging to any station, and paffing through or into any other ftation, shall not be entitled to hare in any prize taken out of the limits of the station to which he is appointed or belongs, by any fhip or vessel under the command of a flag officer of any other ftation, or under Admiralty orders, unlefs fuch commander in chief, or flag officer, is exprefsly authorized, by the Lords Commiffioners of the Admiralty, to take upon him the command in that 7 that station, in which the prize is taken, and fhall actually have taken upon him fuch command, in manner aforefaid. Fifthly, That when an inferior flag officer is fent to reinforce a fuperior flag officer on any station, the fuperior flag officer fhall have no right to any share of prizes taken by the inferior flag officer, before the inferior flag officer fhall arrive within the limits of the ftation, and, moreover, fhall actually receive fome order directly from, or be acting in execution of fome order iffued by him. Sixthly, That a Chief Flag Officer quitting a station either to return home, or to affume another command, or otherwise, except upon fome particular urgent fervice, with the intention of returning to the ftation, as foon as such service is performed, shall have no' fhare of prizes taken by the ships or veffels left behind, after he fhall have paffed the limits of the station, or after he shall have furrendered the command to another Flag Officer, appointed by the Admiralty to be Commander in Chief upon fuch ftation, Seventhly, That an inferior flag officer quitting a station except when detached by orders from his Commander in Chief out of the "limits thereof upon a special service, with orders to return to fuch ftation as foon as fuch service is performed, shall have no share in prizes taken by the fhips and veffels remaining on the station, after he fhall have paffed the limits thereof: And in like manner the Flag Officers remaining on the ftation, shall have no fhare of the prizes taken by fuch inferior Flag Officer, or by the ships and veffels under his immediate command, after he fhall have quitted the limits of the station, except when detached as aforefaid. Eighthly, That when veffels under the command of a Flag which belong to feparate ftations, fhall happen to be joint captors, the captain of each fhip fhall pay one-third of the fhare, to which he is entitled, to the flag officers of the ftation to which he belongs. But the captains of veffels under Admiralty orders, being joint captors with other veffels under a flag, fhall retain the whole of their fhare. Ninthly, That if a flag officer is fent to command in the outports of this kingdom, he fhall have no fhare of the prizes taken by fhips or veffels which have failed, or shall fail, from that port by order from the Admiralty. Tenthly, That when more flag officers than one ferve together, the eighth part of the prizes taken by any fhips or veffels of the fleet, fleet, or fquadron, fhall be divided in the following proportions; videlicet, If there be but two Flag Officers, the Chief shall have two-third parts of the said one-eighth, and the other shall have the remaining third part: But if the number of flag officers be more than two, the Chief fhall have only one-half, and the other half fhall be equally divided among the other Flag Officers. Eleventhly, That commodores, with captains under them, fhall be esteemed as flag officers, with respect to the eighth part of prizes taken, whether commanding in chief or ferving under command. Twelfthly, That the first captain to the admiral, and Commander in Chief of our fleet, and also the first captain to our flag Officer appointed, or hereafter to be appointed, to command a fleet or fquadron of ten fhips of the line of battle, or upwards, fhall be deemed and taken to be a flag officer, and shall be entitled to a part or fhare of prizes, as the junior Flag Officer of fuch fleet or fquadron. INDE X. A ADMIRALTY (See Droits—Joint Capture) Page Agent-acts of, how farbinding on his employer, as to cargo 160.351 240 Appeal-in revenue caufes from the Vice-Admiralty Courts in prize caufe-time of appeal, twelve months, 38′ Appendix-No. 1, 2, 3, contain Orders of Council re- Appraisement and fale-in the first instance, to be paid for by - 228 226 293 commiffioners whether liable for intereft in B Blockade by notification, bars the plea of ignorance VOL. II, 112. 129 114 ib. breach imputable, inwards, from the time of outwards, until the termination of the voyage 130 effect of—in way of evidence of actual blockade, of Amfterdam, 11th June 1798 ib. II2 continuation |