appartenenti ai nemici, e non ti permette di far lo stesso con i "Neutrali che portano le loro proprie Merci? Perchè, io rispondo, "il danno della preda cade quasi tutto sopra i Nemici, e quel poco "che cade sopra gli Amici e Neutrali si può, come si è veduto, "facilmente riparare, ma il danno che risentirebbero i Neutrali "dall' essere impediti di vendere come prima facevano le loro Merci "naturali e industriali alle Nazioni, che ora per accidente sono in "Guerra, caderebbe tutto sopra di loro, nè si potrebbe in alcun modo riparare; che se riparar si potesse, io non dubito punto che il Guerreggiante non avesse il diritto di arrestare tutte le Navi dei Neu"trali che recano Merci utili alla Nazione nemica, offerendosi per esempio di comprarle a contanti, e se si trattasse di permuta, esiben"dosi a somministrarla esso medesimo all' istesso prezzo, ed alle "medesime condizioni; ma siccome il primo esigerebbe una spesa 66 enorme, che nessuna Nazione potrebbe sostenere, l'altro sarebbe "moralmente impossibile, giacchè una Nazione non può esser fornita "delle cose naturali ed industriali, che sono proprie dell' altra, così ne "viene che tra i due diritti perfetti, che si trovano in collisione, si permetta l'esercizio di quello che impedito arrecherebbe un danno, "che non è in modo alcuno riparabile.

"Questa ragione fortissima, a cui non mi par che si possa dare nes(6 suna adequata risposta, mi ha persuaso una volta, e mi persuade an66 cora, che non avvi contradizione alcuna tra le due Legi delle Nazioni, "delle quali l'una permette la preda della roba nemica nei Bastimenti "dei Neutrali, l' altra permette ai Neutrali il trasporto é la vendita "della roba loro alle Nazioni nemiche; ambedue devono esser riguar"date come regole inviolabili per le Nazioni Belligeranti, e per i "Popoli pacifici in tempo di guerra; ed ambedue son fondate in ragione, perchè salvano ad un tempo medesimo e i Diritti dei Guerreggianti, e quelli dei Neutrali, tra i quali se i Locatori dell' Opere e "delle Navi loro risentono qualche danno, debbono piuttosto che dei "Guerreggianti dolersi dell' infortunio della Guerra, di cui gli effetti "dannosi e funesti sono risentiti più ò meno, non solamente da loro,

ma ancora da tutte le altre Nazioni Commercianti, e particolarmente "da quelle che erano usate ad avere un commercio ordinario con "le Nazioni in Guerra."

27 & 28 Vict. cap. 23:-" An Act to repeal enactments relating "to naval prize of war and matters connected therewith or with "the discipline or management of the navy."-Passed 23rd June, 1864.

27 & 28 Vict. cap. 24:-" An Act to provide for the appointment, duties, and remuneration of agents for ships of war, and

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"for the distribution of salvage, bounty, prize, and other money among the officers and crews thereof."-Passed 23rd June, 1864. "Be it enacted, &c.

"Preliminary.

"1. This Act may be cited as the Naval Agency and Distribu"tion Act, 1864.

"2. In this Act

"The term the Lords of the Admiralty' means the Lord High "Admiral of the United Kingdom, or the Commissioners for executing the office of Lord High Admiral:

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"The term 'the High Court of Admiralty' means the High "Court of Admiralty of England:

"The term 'ship of war' includes vessel of war:

"The term officers and crew' includes all flag officers, com"manders, and other officers, engineers, seamen, marines, soldiers, "and others on board any of Her Majesty's ships of war.

"3. Any ship or vessel belonging to Her Majesty, and in actual "service (other than a ship of war), may be declared by the Lords "of the Admiralty to be a ship of war for the purposes of this Act; " and all the provisions of this Act shall thereupon apply to such ship or vessel, and shall continue to so apply, as long as she then "continues in actual service, but no longer.

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"Appointment of Ship's Agent.

"4. Each of Her Majesty's ships of war shall at all times while "in commission have, for the purposes of this Act, an agent styled "the ship's agent, to be appointed in the first instance as soon as may be after the ship is put in commission, and afterwards from "time to time as a vacancy in the office or other occasion may "require.

"5. The ship's agent shall be appointed from time to time at "pleasure by the commanding officer of the ship for the time being, "by an instrument signed and attested in the form given in the "schedule to this Act.

"6. Any such instrument shall not have effect unless and until "it is filed in the registry of the High Court of Admiralty, having "been previously registered in the office of the Accountant-General "of the Navy.

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"An official copy of any such instrument under the seal of the High Court of Admiralty shall be conclusive evidence thereof.

"7. A person holding any office or employment in Her Majesty's "service or under the crown, or a proctor, attorney, or solicitor, "shall not be capable of being a ship's agent.

"If any person being a ship's agent accepts any such office or "employment, or becomes a proctor, attorney, or solicitor, his appointment as ship's agent shall be thereby vacated.

"8. A partnership body, not incorporated, may be appointed a ship's agent; and in that case the partners for the time being, or any one or more of them, may act as the agent; and any change "of partners shall not affect the appointment.

“

"The names of the partners shall at the time of appointment, "and from time to time on any change happening, be registered in "the office of the Accountant-General of the Navy, and in the registry of the High Court of Admiralty.

"9. The appointment of the ship's agent shall not be affected by "a change of the commanding officer of the ship.

"10. The ship's agent shall at all times have an office or place "of business within five miles of the General Post Office, "London.

"11. The ship's agent shall be subject to the jurisdiction and authority of the High Court of Admiralty as if he were an officer "of the Court, and in case of any neglect or misconduct on his "part shall be liable to be proceeded against and punished "accordingly.

"Duties of Ship's Agents.

"12. It shall be the duty of the ship's agent, by himself or by a proper sub-agent appointed and remunerated by him, to take or cause or procure to be taken all steps and proceedings, and do or cause or procure to be done all things, that may be necessary or proper to be taken or done for any purpose on behalf or in the name of the ship or of the officers and crew thereof, or any of "them, in the several cases following.

"In case of salvage services rendered to any ship or cargo, or "otherwise, within the meaning of the enactments for the time being "in force relating to merchant shipping:

"In case of any breach of any law respecting national character or otherwise relating to merchant shipping:

"In case of any seizure for breach of any law relating to the

"customs:

"In case of any seizure or capture under any Act relating to the "abolition of the slave-trade:

"In case of any matter arising out of an attack on or engage"ment with persons alleged to be pirates, afloat or on shore:

"In case of any capture, re-capture, or destruction of any ship, goods, or thing in time of war or hostilities:

"In case of any special service or other matter in respect whereof any grant, reward, or remuneration is payable.

"Distribution of Salvage, Bounty, Prize, and other Money.

"13. Where in any of the several cases aforesaid any money is "distributable among the officers and crew of any of Her Majesty's ships of war, the costs, charges, and expenses of the officers and

"crew and of the ship's agent, and all other (if any) costs, charges, "or expenses properly chargeable against that money, shall be paid "thereout before distribution thereof, all such costs, charges, and expenses being first taxed and allowed by the proper officer of "the Court having jurisdiction in the case, and if there is no such "Court, then by the registrar of the High Court of Admiralty.

"14. In the several cases aforesaid, money distributable among "the officers and crew of any of Her Majesty's ships of war, so far as full provision respecting the distribution thereof is not made by or under any Act of Parliament other than this Act, shall be "distributed under the direction of the Lords of the Admiralty in "the shares in that behalf specified in any royal proclamation or "Order in Council.

"15. The several shares of any such money as aforesaid shall be paid to the persons entitled thereto in such manner, and subject "and according to such restrictions, conditions, and provisions, as may from time to time be directed by Order in Council.

แ

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Any assignment, sale, or contract of or relating to any such money as aforesaid, payable in respect of the services of any 66 petty officer or seaman, non-commissioned officer of Marines or Marine, other than such as may be made or entered into under "the authority of and in conformity with any such Order in "Council, shall be void.

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"16. All bills, orders, receipts, and other instruments drawn, given, or made under the authority or in pursuance of any such "Order in Council by, to, or upon any officer or person in the "service of Her Majesty or of the Lords of the Admiralty, shall be 66 exempt from stamp duty.

"17. All forfeited and unclaimed shares and balances of prize money, and a per-centage of five pounds in every one hundred pounds out of the proceeds of all prizes, and out of all grants to "the Royal Navy and Marines, and out of all bounty money, and "also out of all other money distributable in the several cases "aforesaid among the officers and crew of any of Her Majesty's "ships of war out of which such per-centage is at the commence"ment of this Act by law deducted, shall, under the direction of "the Lords of the Admiralty, continue to be carried to and to form part of the naval prize cash balance.

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"So much of the naval prize cash balance as the Lords of the Admiralty think expedient shall from time to time by Her "Majesty's Paymaster-General, under the authority and direction "of the Lords of the Admiralty, be paid and transferred to the "Consolidated Fund of the United Kingdom.

"In case at any time a claim in respect of prize or bounty money "is made which the naval prize cash balance is not sufficient to "meet, there shall be paid out of the said Consolidated Fund a "sufficient sum to meet such claim.

"18. A ship's agent shall be entitled, on request, and on payment "of reasonable expenses, to be furnished with copies of or extracts "from any official accounts kept under or for the purposes of this "Act in relation to any of Her Majesty's ships of war for which he "is agent.

"Remuneration of Ship's Agent.

"19. Before any such money as aforesaid is distributed among "the officers and crew of any of Her Majesty's ships of war, there "shall be paid, under the direction of the Lords of the Admiralty, "to the ship's agent a per-centage of two and a half per centum on "the net amount actually distributable, as the sole and full remu"neration of the ship's agent for his services in the case.

"20. In the following cases,

"Where more than one of Her Majesty's ships of war are "entitled to participate in any such money,

"Where the ship's agent is changed pending proceedings,

"The ship's agent's per-centage shall, in case of difference, be "apportioned between or among the respective agents of the several "ships, or the several persons having been and being the ship's agent (as the case may be), in such manner as the Registrar of the "High Court of Admiralty thinks just, having regard to the dura"tion and character of the services of the several agents in the "case, subject to objection to the Registrar's award to be taken "before the Judge of the Court.

"

"Investment of Salvage, Bounty, Prize, and other Money.

"21. Any money for the time being awaiting distribution, but "for any reason not immediately distributable as aforesaid, may, "under the direction of the Lords of the Admiralty, be invested in or on any proper stocks, funds, or securities; and the proceeds "of those stocks, funds, or securities, and any dividends or interest "accrued due thereon, shall be distributed as the money invested "would have been distributed if an investment had not been made: "Provided that no such investment shall be made of any money pending any adverse claim thereto, except with the consent of the "claimant.

"Decision as to Distribution or Investment.

"22. Where any question (whether in respect of asserted joint capture, or in respect of flag shares, or in respect of any other matter) arises concerning the distribution of any money distri"butable as aforesaid, or concerning any investment thereof, actual "or intended, the High Court of Admiralty shall have exclusive "jurisdiction to hear and determine the same; and any person, "claiming an interest in such money, or the Lords of the Admiralty,