Page:United States Statutes at Large Volume 1.djvu/837



officers and seamen of any of the ships of the United States as are taken by the enemy, and upon inquiry at a court martial, shall appear by the sentence of the said court, to have done their utmost to defend the ship or ships, and since the taking thereof, to have behaved themselves obediently to their superior officers, according to the discipline of the navy, and the said articles and orders, herein before established, shall continue and go on as aforesaid, until they be exchanged and discharged, or until they shall die, whichever may first happen: Provided always, that persons flying from justice shall be tried and punished for so doing.

. And be it further enacted, That all captured national ships or vessels of war shall be the property of the United States—all other ships or vessels, being of superior force to the vessel making the capture, in men or in guns, shall be the sole property of the captors—and all ships or vessels of inferior force shall be divided equally between the United States and the officers and men of the vessel making the capture.

. And be it further enacted, That the produce of prizes taken by the ships of the United States, and bounty for taking the ships of the enemy, be proportioned and distributed in the manner following, to wit:—

1. To the captain actually on board at the time of taking any prize, being other than a public or national vessel, or ship of war, three twentieths of that proportion of the proceeds belonging to the captors.

2. If such captain or captains be under the immediate command of a commander in chief, or commander of a squadron, having a captain on board, such commander in chief, or commander of a squadron, to have one of the said twentieth parts, and the captain taking the prize, the other two twentieth parts.

3. To the sea lieutenants and sailing-master, two twentieths.

4. To marine officers, the surgeon, purser, boatswain, gunner, carpenter, master’s mate and chaplain, two twentieths.

5. To midshipmen, surgeon’s mates, captain’s clerk, clergyman or schoolmaster, boatswain’s mates, gunner’s mates, carpenter’s mates, ship’s steward, sail-maker, master at arms, armorer, and cockswain, three twentieths.

6. Gunner’s yeoman, boatswain’s yeoman, quartermasters, quartergunners, cooper, sail-maker’s mates, sergeant of marines, corporal of marines, drummer and fifer and extra petty officers, three twentieths.

7. To seamen, ordinary seamen, marines and boys, seven twentieths.

8. Any officer on board having more posts than one, is only entitled to the share belonging to his superior office, according to the regulations aforesaid.

9. Whenever one or more ships of the United States are in sight, at the time of any one or more other ships as aforesaid are taking a prize or prizes, or being engaged with an enemy, and they shall all be so in sight, when the enemy shall strike and surrender, they shall share equally, according to the number of guns and men on board of each ship so in sight—but no privateer or armed ship, being in sight of a national ship of war, at the taking of any prize, shall be entitled to any share in such prize or prizes.

10. Commanders of ships of war taking any prize, are to transmit, as soon as possible, to the naval department, a true list of the officers and men actually on board at the taking of such prize, inserting therein the quality of every person’s rating; and the department aforesaid is to examine the said list by the ship’s muster book, to see their agreement, and is to grant certificates of the truth of such list transmitted, in order that the agents appointed by the captors, make payment of the shares, agreeably to this act.

11. In order to define the rights and privileges of commanders in