The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1864-07-27
CHANGES IN THE PRIZE LAW.


On looking over the act in relation to prize pro-
ceedirgs, which was pa sed at the close of the
recent session of Congress, we notice several
changes made by it in the law of prize, which
will be of interest and importance TO our navy.
The law in relation to joint captures, for instance,
is modified in this way The law of July IL,
1862, D. ovided that "when one or more vessels of
the navy shall be within signal distance Of au-
ot er making prize, all shall share in the prize"
The present law provides that "al vessels Of the
navy wihin gnul distance of the vessel or vessels
making the capture, under such circdmstan 'es
and in n eli condition as 20 be ale 20 render
effective aid il required shall 81 are in the prize.
There may he n question, perhaps, whether the
former provision is so iucons tent with This rs TO
be n pealed, and ii not, whether vessel within
signal distance would not ne entitled to share,
Rltbongr not able TO reader any effective aid IN
the caI tnre, The new Limitation WIS doubtless
Intended 10 be maize general, and II II applies, It
leaves pen FIR mnny cases very in eresting
discussion as 70 what shall constitute the power
to give eilectual aid.
Another change is In relation 30 captures made
by vessels nor IL the Iavy The previous state of
the law prohibited any but vessel Is OF che navy
from sharing in prize property, and several cases
have arisen where captures have been made by
other vessels and the proceeds of the prizes APP
priated by the Government. We called atten-
tion 10 this state of the law, and urged Congress
20 modify il. Congress has done 80, in this act,
providing that where captures are made by yes-
ssls not Of the navy, "nyne shall be entitled to
share except the vessel or vessels making the
capture"
The proceeds of a prize so captured are to be
divided between the owners of the capturing YES
sells and the ships company, equally, unless
otherwise agreed in writing. The half which
goes TO the ships company is to be distributed
according to their respective rates OF pay on
board, making the rule, as we understand IT,
slightly different on board such vessels from
what It is ON vessels of the navy where the COM
mander of the ship has three-twentieths, and the
rest is divided according 70 the rates OF pay on
board
A difference is also made by this law as 10 the
share of prize-mOney to the officer commanding
a fleet or squadron. Now, If a division of feet
or squadron Is ordered TO detached duty under
the command OF an officer, and makes capture,
the twentieth OF the prize-money, which formerly
went 20 the commander OF the fleet, Is divided
between him and the officer In command OF the
division.
The Fleet Captain, also, now i 70 nave one
per cent OF all prize money awarded 10 the hees
In which he is serving, unless the capture Is made
by the vessel which he Is on board OF, When no
shares according 10 his pay.
Some other changes are the having three PMS
Commissioners, instead Of two, and requiring one
of them 20 be q member OF the bar, and the au'
thorizing of the Secretary Of the Navy 10 employ
special counsel for the captOrs, WheneVeFs In ats
jAdgmen4 sach serVi0es ase peedTH