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Clorinde, after an engagement, in which The Eurotas had all her masts shot away, the two ships separated, The Eurotas being so crippled as not to be able to keep within gunshot. By noon the next day she was ready for action, and was coming up fast; but The Dryad came up, and, after firing a few shots, took possession of her, while The Eurotas was four miles off. The court rejected the exclusive claim of The Eurotas, but pronounced for her interest in conjunction with The Dryad (w). Head-money is the peculiar and appropriate reward of immediate personal exertion, and a claim to head-money has always been considered in a more rigid manner by the courts than those which arise out of the general interests of prize. In several cases the prize has been condemned to one man of war as actual captor and to others as assisting in the capture ; but the bountymoney has been ordered to be paid exclusively to the actual captor, where the others have not been actually engaged. The mere endeavour to come up and close with the enemy is not sufficient, there must be an actual participation in the engagement and joining in battle (x). Association in chase furnishes no claim to head-money, without an association in combat or capture. It was held by the Lords, in the case of L’Hercule, that where the chase had been seen by the whole squadron, even the ships detached by signal were not entitled to share in the bounty or head-money with the actual captor, though in sight at the time of the capture (y). In the case of a general engagement the whole fleet is supposed to be engaged with the whole of the opposing force. It is often so in fact, and always so in the supposition of law; and therefore all are equally entitled to share in the benefit of prize and head-money (2). But the court has gone still
(w).The Clorinde, 1 Dod. 436.
further, and has pronounced for the interest of a vessel which was not shewn, with any degree of certainty, to have arrived within gun-shot. The Weser, having been for some time engaged in action with two other vessels, on the appearance of The Rippon surrendered; such immediate submission was held to entitle The Rippon to share in the head-money. So where the enemy's fleet was destroyed by fire-ships which formed part of a blockading fleet, and were dispatched by the cominander-in-chief on that service, it was held that the rest of the fleet were entitled to share in the head-inoney, although it never approached within gun-shot of the scene of action (a). The decision in these two cases seems to require reconsideration ; for it extends, by an arbitrary enlargement of the statute, to constructive assailants, that bounty which was intended for actual combatants.
Where a capture can be considered as a continuation of a general action, the whole fleet would be equally entitled to head-money, notwithstanding the formal surrender to one particular ship. But it is otherwise where the capture is not an immediate consequence of the general action. Where a ship which had formed part of the enemy's feet at Trafalgar, had escaped into port, and having been sent out to assist vessels in distress, was captured by The Donegal, which had been detached by Lord Nelson before the engagement commenced, and did not join Lord Collingwood till the day after the battle, it was held, that neither the capturing nor captured vessel could be identified with the respective fleets between which the engagement had taken place, and that the fleet was not entitled to share. In the same case the court pronounced against the claim of The Leviathan, which in making a signal to another vessel fired a shot, which fell between The Donegal and her prize, but without any inten
(a) The Ville de Varsovie, 2 Dod. 301.
tion of taking part in the combat (a). Where a prize was re-captured and again taken and condemned to the second taker, it was held that head-money was due to the original taker, notwithstanding the re-capture (6). Where an enemy's ship was run aground and destroyed, it was held that head-money was due for men escaping on shore, who were on board when the action commenced (c). But head-money is not due for British prisoners on board the prize (d). Headmoney is not due when the ship is neither taken nor destroyed. Where a King's ship had driven an enemy's frigate on shore, and had attempted to destroy her without success, but had left her in such a disabled state that the enemy were under the necessity of breaking her up, it was held that headmoney was not due (e). But where an enemy's ship was set on fire by her crew and totally destroyed, on the approach of the force coming to attack her, head-money was pronounced to be due (f). Head-money is not due for the capture of armed vessels which are not commissioned (9). It has been held that head-money is due for the capture of men of war having cargoes on board, but not for privateers under the same circumstances. This absurd distinction was upheld by the court against its own judgment, in deference to precedents which seem to be equally at variance with reason and with the words of the act (h). Head-money is not due on ships captured by the joint forces of the army and navy, in harbours, rivers, and other such places as are objects of joint attack in conjunct expeditions (i).
(a) The El Rayo, 1 Dod. 42.
(h) La Francha, 1 Rob. 157. The Santa Brigada, 3 Rob. 58. The Hirondella, 3 Rob. 57.
(i) La Bellone, 2 Dod. 343.
CONTENTS OF APPENDIX.
2. The like forms under Danish treaty, 1670. .
3. Form of certificate of merchant vessel under convoy by the