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CHAPTER XVIII.

JOINT CAPTURE.

Joint Capture by British Ships-of-War.

295. The Ship to which a Prize strikes her Flag is the Actual Captor. Other Ships may be held by the Prize Court entitled to share as Joint Captors on the ground either of Association or Co-operation with the Actual Captor.

296. If Ships are associated or co-operating together, a Capture made by one inures to the benefit of all.

Association.

297. The Bond of Association exists

(1) Between Ships composing a Blockading or Cruising Squadron, with the exception of those which are absent at the time of the Capture, by reason of having been detached upon a separate service.

(2) Between Ships chasing together, provided that the Senior of the Commanders of the several Ships has assumed the command over all.

Co-operation.

298. Ships being in sight of the Prize, as also of the Captor, under circumstances to cause intimidation to the Prize and encouragement to the Captor, are held to be Co-operating with the Actual Captor.

299. In all cases of alleged Joint Capture the Commander, whether he is the Actual Captor or claims to be Joint Captor, should, as soon as possible after the Capture, draw up a list of all the officers, seamen, marines, soldiers, and others who were actually on board his ship on the occasion of the Capture; and also a list of the names of those belonging to the Crew who were absent on duty or otherwise at the time; and the cause of such absence should be specified. Each list should contain the quality. of the service of each person and their several ratings; and

must be subscribed by the Commander and three or more of the Chief Officers on board.

300. The Commander should then send these lists, together with the particulars specified in Section 14, and his Report of the whole proceeding, to the Secretary of the Admiralty.1

301. The distribution of all Prize Money is regulated by the Royal Proclamation of the 19th of May 1866; a copy of which will be found in the Appendix, page 106.

Joint Capture by British and Allied Ships-of-War.

302. In the case of Captures made jointly by British and Allied Ships-of-War, the duties of the respective Commanders are usually regulated by Treaty. A copy of the Convention made for this purpose between Great Britain and France during the late Russian War will be found in the Appendix, page 118.

303. In default of Treaty regulations, then,

a. If one Ship is the Actual and another the Joint Captor, the charge of the Prize belongs to the Commander of the Ship which is the Actual Captor, whether he is the Junior or Senior; and he should send her into a Port of his own country for Adjudication.

b. If two Ships are both Actual Captors, the charge of the Prize belongs to the Senior of the two Commanders; and he should send her into a Port of his own Country for Adjudication.

1 Royal Proclamation, May 19, 1866.

Here let the person be

fore whom

the Affidavit is sworn insert his name, rank, and authority.

FORMS.

FORM No. 1 (referred to in Sect. 63).

Affidavit as to Ship-Papers on board at the time of Capture,

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(1) I was present at the Capture of the above-named

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(2) The papers hereunto annexed, and marked No. 1 to No. inclusive, are all the Papers which were on board at the time of the capture of the said Vessel and were delivered up.

(3) The said Papers are now in the very same plight, save the numbering thereof, as when the same were delivered up.

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FORM NO. 2 (referred to in Sect. 64).

Affidavit as to Ship-Papers thrown overboard or destroyed at the time of the Capture.

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(1) I was present at the Capture of the above-named

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(2) A few minutes before the Capture aforesaid, I saw two packets of Papers thrown from one of the port-holes of the said Vessel; the Cutter was immediately lowered; one of such packets sunk and was lost, but the Cutter's Crew succeeded in saving the other packet.

(3) The Papers hereunto annexed, and marked No. 1 to No. _inclusive, are all the Papers so saved, and are now in the very same plight, save the numbering thereof, as when they were so saved.

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FORM No. 3 (referred to in Sect. 65).

Affidavit as to Ship-Papers found concealed at the time of

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(1) I was present at the Capture of the above-named

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(2) In searching the Vessel on the occasion of the said Capture, I found stowed away and concealed in

a packet of Papers.

(3) The Papers hereunto annexed, and marked No. 1 to No.. inclusive, are all the Papers so found, and are now in the very same plight, save the numbering thereof, as when they were so found

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