vessel being in sight at the time of capture, unless the said vessel shall have been able at the time when the captured vessel struck, to throw a shot as far as the space between herself and the captured vessel; and that every vessel coming in aid of the captors, which shall have been able at the time when the captured vessel struck, to throw a shot as aforesaid, and shall have been duly authorized to make captures, shall be entitled to share according to the number of her men and the weight of her metal: provided, that nothing herein contained shall be construed to affect any agreement which shall have previously been made between vessels cruising in concert.

And be it further ordained by the authority aforesaid, that whensoever an armed vessel belonging to, and commissioned by the enemy, shall be captured by any armed vessel belonging to the United States, and duly authorized to make captures, the net proceeds of the sales of the captured vessel, and of her rigging, tackle, apparel, and furniture, shall be adjudged to the captors; and where a cargo shall be on board of such captured vessel, one moiety of the net proceeds of such cargo shall be adjudged to the United States, and the other moiety to the captors.

And be it further ordained by the authority aforesaid, that upon the capture of any vessel belonging to the enemy, and laden with masts or spars, by an armed vessel belonging to the United States, and duly authorized to make captures, the net proceeds of the sales of such captured vessel, and her cargo, shall be adjudged to the captors.

This ordinance shall take effect, and be in force, from and after the last day of February next.

Done by the United States in Congress assembled, &c. &c,

Tuesday, February 26th, 1782.

The following ordinance being read a third time, was agreed. to:

An Ordinance for further amending the Ordinance, ascertaining what captures on water shall be lawful.

Whereas divers ships or vessels belonging to the citizens of several of these United States, may have sailed on voyages to Europe, before the publication of the ordinance, entitled, "An Ordinance ascertaining what captures on water shall be lawful," where they, as well as vessels belonging to the subjects of neutral powers, may have laden and taken on board, in promiscuous cargoes, goods, wares, and merchandises, of the growth, product, or manufacture of Great Britain, or of some of the dominions or territories thereon depending, without any knowledge of the said ordinance, and may not be able to arrive any of the ports of these States, on or before the first day of March next, whereby the said goods may become liable to capture and condemnation :

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For remedy whereof, it is hereby ordained by the United States in Congress assembled, that no ship or other vessel, which shall have sailed from any port or place in Europe, not belonging to the king of Great Britain, on or before the tenth day of April next, for any port or place within the United States, not in possession of the enemy, shall be liable to capture or molestation, merely for having on board goods, wares, or other merchandises, of the growth, product, or manufacture of Great Britain, or of any territory depending thereon.

And it is hereby further ordained, that where vessels, their cargoes, or any part thereof, belonging to any citizen of these United States, sailing, or being within the body of a county, or within any river or arm of the sea, or within cannon-shot of the shore of any of these States, and laden with the produce of the country, and destined for a port or place within these States, not in possession of the enemy, shall be captured by the enemy, and shall be recaptured below high water mark by another citizen thereof, restitution shall be made to the former owner, upon the payment of a reasonable salvage, not exceeding one

fourth part of the value, no regard being had to the time of possession of the enemy.

And be it further ordained, that so much of the aforesaid ordinance as comes within the purview of this, be, and hereby is repealed.

Done by the United States in Congress assembled, &c. &c.

An Ordinance for the better distribution of prizes in certain cases.

Be it ordained by the United States in Congress assembled, Distribution of prizes. that so much of the ordinance, entitled, "An Ordinance ascertaining what captures on water shall be lawful," as ordains that upon the capture of a vessel commissioned as a man of war, or a privateer, by any of the vessels of war of the United States of America, the whole of the property condemned shall be adjudged to the captors, be, and the same is hereby repealed; and that, in all such cases of capture, the whole of the property condemned shall be adjudged to the use of the captors, if the vessel taken shall be of equal or superior force to the vessel making the capture; if otherwise, one half only shall be adjudged to the captors, and the other half to the use of the United States, and shall, after condemnation, be so appropriated, unless the United States in Congress assembled, in reward of distinguished valour and exertion, shall otherwise specially direct.

And be it further ordained by the authority aforesaid, that Bounty for the resolution of the 15th day of November, 1776, giving to guns, c. captured, repealthe commanders, officers, and men of the ships or vessels of ed. war, a bounty for every cannon, and for every man belonging to British ships or vessels of war captured by them, be, and the same is hereby repealed.

Done by the United States in Congress assembled, &c. &c.

BRITISH STATUTES AND PRIZE INSTRUCTIONS.

With regard to the issuing of letters of marque, the lord Commissions. high admiral of Great Britain, or the commissioners appointed

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how to issue.

for executing that office, or any three of such commissioners, or any persons by them empowered or appointed, shall, at the request of any duly qualified owner or owners of any ship or vessel duly registered, according to the directions of the acts passed in the 26th and 34th years of Geo. 3.* (provided such owner or owners give the bail or security hereafter specified,) cause to be issued in the usual manner, one or more commissions, or letters of marque and reprisal, to any person or persons nominated by such owner to be commander, or (in case of death, successively) commanders, of such ship or vessel; for the attacking, surprising, seizing, and taking, by and with such vessel, or with the crew thereof, any place or fortress upon the land, or any ship or vessel, arms, ammunition, stores of war, goods or merchandise, belonging to, or possessed by, any of his Majesty's enemies, in any sea, creek, haven, or river.t

All persons applying for such commissions, or letters of marque, must make their application in writing, subscribed with their hands, to the high admiral, or other persons thus empowered, or to the lieutenant or judge of the high Court of Admiralty, or to his surrogate, and such application must set forth "a particular, true, and exact description of the ship or vessel for which such commission, or letter of marque and reprisal, is requested, specifying the name and burthen of such ship or vessel, what sort of built she is, and the number and nature of the guns, and what other warlike furniture and ammunition are on board the same, to what place the ship belongs, and the name or names of the principal owner or owners of such ship or vessel, and the number of men intended to be put on board the same,‡

26 Geo. 3., c. 60. 34 G. 3. c. 68.

13 G. 2. c. 4. sect. 2. 33 G. 3. c. 66. sect. 9. 43 G. 3. c. 160. sect. 7.

By the 13 Geo. 2. c. 3. privateers (and also trading vessels) are allowed to man their ships with foreign seamen, provided they do not exceed three-fourths of the ship's company. This statute also confers all the privileges of British subjects upon such seamen after two years scrvice during war; excepting that no one can be a member of the privy council, or of parliament, hold any office or place of trust, or have any grant of lands, tenements, or hereditaments from the crown, either to himself, or any person or persons in trust for him. The duration of this act is unlimited; though several temporary statutes (28 Geo. 2. c. 16. 19 Geo. 3. c. 14. 33 Geo. 3. c. 26) have subsequently allowed the same privileges during war. A late statute, however, requires three years service.

(all which particulars must be inserted in every commission, or letters of marque,) for what time they are victualled ;" and "also the names of the commanders and officers."*

Farther, every commander of a private ship or vessel of war, for which such commission or letters of marque shall be granted, must produce the same to the collector, customer, or searcher, for the time being, of his Majesty's customs, residing at, or belonging to the port, whence such ship shall be first fitted out, or to their lawful deputies. And such collector, customer, &c. shall, without fee or reward, and as early as may be, inspect and examine the said vessel, in order to ascertain her built and burthen, the number of men, together with the number and nature of the guns on board. If, after examination, such vessel appear to be of such built and burthen, and to be manned and armed according to the tenor of the description inserted in the commission or letter of marque; or if she be of greater force or burthen than is therein specified; in such case, the collector, &c. or his or their deputies, shall, immediately, upon the request of the commander of such ship or vessel, give him, gratis, a certificate thereof in writing, under his or their hand or hands: and such certificate shall be deemed a necessary clearance before the vessel or letter of marque, thus commissioned, shall be permitted to sail from that port. The same statute likewise declares, that in case any commander proceed out of port upon a cruize, without such certificate of clearance, or with a force inferior to that specified in the commission or letter of marque, the latter shall be absolutely null and void; the commander thus offending shall be subject to the penalty of 1000l. recoverable with full costs of suit by any person, and shall also be

33 Geo. 3. c. 66. s. 15. 43 Geo. 3. c. 160. s. 13. Instructions for Letters of Marque, &c. against the goods of the French and Batavian Republics. Art. 6. Previously to taking out letters of marque, the owners of all the vessels, for which such letters shall be granted, must nominate and register in the Court a proctor, exercent in the Court of Appeal, in case any appeal should be instituted from the decisions of the Court below. 41 Géo. 3. c. 96. s. 10.

+23 Geo. 3. c. 66. 9. 15. 43 Geo. 3. c. 160. 2. 13.