}Committee
}
}on
}
}Final Examination
[TABLE OF CONTENTS.]
| Introduction. | |
| Chapter I. Among the Ancients. | |
| Page | |
| Part 1. Greece | [2] |
| a. Land War—Principles, Causes, Effects. | |
| b. Maritime War—Prize Courts, Piracy, Rhodian Laws. | |
| Part 2. Rome | [10] |
| a. Land War—Method of Division. | |
| b. Maritime War—A Land People, Piracy, Principles, Causes, Effects, Ferocity of War. | |
| Chapter II. During the Middle Ages. | |
| Part 1. Maritime Codes | [16] |
| Early Codes, Consolato del Mare, Character of its Rules, Effects, No Recognition of States. | |
| Part 2. The New International Law | [21] |
| Machiavelli, Brunus, Victoria, Ayala, More, Bodin, Gentilis, Grotius, Zouche, Puffendorf, Summary. | |
| Chapter III. Great Britain, Historical Resumé. | |
| Part 1. Earliest Times to 1340 | [30] |
| a. Laws—Common Law Rule, Liberality to Captors, Grant by Letters Patent, Cinque Ports. | |
| b. Administration—Common Law Courts, Slight Control. | |
| Part 2. 1340 to 1485 | [34] |
| a. Laws—Distribution by Ordinance, Privateers, Letters of Marque, Adjudication of Prizes, Black Book of Admiralty. | |
| b. Administration—Establishment of Admiralty, First Prize Court, Conservator of Ports. | |
| c. Significance—Cause, Effect. | |
| Part 3. 1485 to 1603 | [43] |
| a. Laws—Letters Patent, Admirals Tenth, Prize Proclamations, Letters of Marque from France. | |
| b. Administration—Aggressive Policy, Crowns Control, Adjudication not the Rule, Restraint of Privateers, Summary. | |
| c. Significance—Effect, Encouragement of Privateers, Cheap War. | |
| Part 4. 1603 to 1688 | [50] |
| a. Laws—Proclamations, Puritan Ordinances, Prize Bounty, Piracy, Navigation Acts, Spoil on Decks, Jure Coronae, Droits, of Admiralty. | |
| b. Administration—Adjudication Required, Admirals Jurisdiction, Cinque Ports, Civil War, Puritanism, Restoration, Trading Companies, Significance. | |
| Chapter IV. Great Britain, Recent Laws. | |
| Part 1. 1688 to 1864 | [56] |
| Grants by statute, Queen Anne's Statute, Lord Loughborough's Opinion, Later Acts, Acts of 1793, of 1812, of 1815, Ransom Forbidden, Slave Trade, Crimean War. | |
| Part 2. 1864 to 1913 | [64] |
| Permanent Statutes, Naval Agency and Distribution Act, Naval Prize Act of 1864, Naval Instructions, Duties of captors, Sharers of Prize, Recapture. | |
| Chapter V. Great Britain, Recent Administration. | |
| Part 1. Prize Courts | [70] |
| Lord High Admiral, Admiralty Courts, Admiralty in Commission, Struggle with Common Law, Jenkins, Mansfield, Stowell, Vice Admiralty Courts, Commissioning Prize Courts, High Court of Justice, Appellate Authorities, Lord High Admiral, Chancellor, Delegates of Appeal, Judicial Committee, of Privy Council, International Prize Court for Appeals. | |
| Part 2. Theory of Distribution | [78] |
| a. Relation of State and Individual in War—War by State Authority, Rousseau's Theory, Grotian Theory, English Practice. | |
| b. Reprisal—Private, Public, General reprisal, Declaration of Paris. | |
| c. State Title to Prize—Original Title in State, Phillimore, Holland, Brougham, State can return prize without cause, Stowell, The Elsebe. | |
| d. Adjudication of prizes—Jay Letter, Competent Court. | |
| e. Method of Distribution—Benefits received; bounty, salvage, prize money. | |
| Part 3. Prize Bounty | [91] |
| Headmoney, Conditions of Giving. | |
| Part 4. Prize Salvage | [92] |
| Pirates, Neutral vessels, Subjects Vessels, Change of Title, Allies, Summary. | |
| Part 5. Prize Money | [98] |
| Division among Men, Among Allies, Vessels Entitled to Share, Joint Captors, Privateers, Associated Vessels, Tenders, Boats, Transports, Joint Land and Naval Captures, Non-commissioned Captors, Forfeiture of Prize Money. | |
| Chapter VI. Great Britain, Significance of Present Law. | |
| Part 1. Causes of Law | [106] |
| Imperial Power, Naval Supremacy, Commercial Dependence, Governmental Control, to encourage sea men. | |
| Part 2. Effects of Prize Money | [109] |
| a. On the Navy—When privateering legal, since Declaration of Paris, does not increase efficiency, commercial war. | |
| b. On International Law—Neutral rights, destruction of prizes, right to capture private property at sea, attitude of naval personnel, of publicists, at Second Hague Conference. | |
| c. Conclusion—Little Effect for good or evil, why it remains law, attitude of England at the Second Hague Conference, it should be abolished. | |
| Bibliography | |
| General | [120] |
| Ancient | [127] |
| Medieval | [128] |
| Great Britain | [130] |
[INTRODUCTION.]
The rules for disposing of the proceeds of prizes captured in war is a question of municipal law. After a prize has been legally condemned, international law has no direct concern with the ultimate disposition which the captor state may choose to make of the proceeds. Indirectly, however, the prize money laws of different states may be of great interest to other states, for the character of the internal regulations in this matter may determine the amount of energy displayed by cruisers in making captures; the impartiality of national prize tribunals, the number of prizes and the number of condemnations made in a particular war; questions of vital interest to both belligerent and neutral merchantmen plying their trade on the high seas in time of war.
It is the purpose of this paper to investigate the character of prize money laws in force in various countries at different periods of their history, the conditions which have given rise to such rules, and the effect particular rules have had upon maritime captures in time of war.