Kings Regulations & Admiralty Instructions - 1913 - Prizes and Prize Money, Prisoners of War

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Kings Regulations & Admiralty Instructions - 1913

Chapter XLIX

Prizes and Prize Money, Prisoners of War.

SECTION   PAGE
I. Prizes 646
II. Prize Money 646
III. Prisoners of War 647

SECTION I. PRIZES.

1875. Guide for Officers.-In all matters connected with naval prize of war, officers are to be guided by such instructions as may be furnished them by the Admiralty from time to time.

Proceedings in Courts with Admiralty Jurisdiction.

1876. Legal Expenses under Naval Agency Act.-In case any proceedings shall have been instituted in any court of Vice-Admiralty or mixed commission by, or on behalf of, any of His Majesty's ships, in respect of any of the matters enumerated in the 12th Section of the Naval Agency and Distribution Act, 1864, and the Captain of such ship shall be unable himself to pay the legal expenses attending the prosecution, or to negotiate a bill for the amount on the ship's agent, he will be at liberty to demand from the Accountant Officer an advance of public money for the purpose. The amount of such advance, which must not exceed 1001., is to be debited by the Accountant Officer in the ship's ledger against the pay of such Captain, who can reimburse himself by drawing on the ship's agent for the amount when opportunity shall occur.

1877. Under Pacific Islanders' Protection Acts.-In case any proceedings shall have been instituted by, or on behalf of, any of His Majesty's ships in respect of matters under the Pacific Islanders' Protection Acts of 1872 and 1875, the Captain will be at liberty to obtain from the Accountant Officer of his ship an advance of public money for the purpose. The amount of such advance, which must not exceed 2001., will be charged as an imprest against such Captain until the Treasury, should they so decide, shall repay the same under the 19th clause of the said Act.

2. It is desirable that the approval of the Commander-in-Chief or Senior Officer on the station should be obtained before such application of public money ; but should the delay necessary to obtain such approval be inconvenient, the advance may be made on the sole authority of the Captain, the case being afterwards reported to the Commander-in-Chief or Senior Officer.

SECTION II. PRIZE MONEY.

1878. Distribution of Prize Money.-Whenever a capture shall have been made, or any service performed by a ship for which it is expected that an award will be made, the Captain is to transmit by the first opportunity to the Admiralty, for the Accountant-General

  1. A complete list of all the officers, seamen, marines, boys and other persons actually on board on the occasion, specifying therein whether any other ship, including those of His Majesty's allies, was in sight at the time, and entitled to share, the name and description of the prize, &c., and also the place and date of the capture or service ; a special notation being made against the names of all supernumerary
  2. 646


    officers above the rank of Midshipman, who were doing duty by order at the time. This notation is also to be made against their names on the ledger for the period.

  3. A complete list of all persons who were absent on duty or otherwise at the time, specifying in each case the cause of such absence.

2. Each list, which is to be prepared in accordance with the terms of the then existing Prize Proclamation, is to contain the rank or rating of each person named therein, his number on the ship's books, and, in the case of petty officers, seamen and boys, their official numbers as well, and is to be signed by the Captain and three of the chief officers on board, of whom the Accountant Officer is to be one.

3. The date of the capture and condemnation of the vessels or slaves is to be inserted on all vouchers for the supply or expenditure of provisions, clothing, or stores for the vessels or the slaves captured.

4. The scale of prize money to the ship's company and marines is given in column 3, Appendix XV., Part I.

5. Applications for prize or salvage money are to be made to the Accountant-General on form S. 540.

1879. Assignments of Prize Money.-Only commissioned and warrant officers can make valid assignments of prize money.

2. Any assignment made by a warrant officer of any prize-money shall be void unless it truly expresses the consideration money actually paid by the person in whose favour it is made to the person making it, and upon any such assignment there shall be paid so much money only as appears to have been actually paid as consideration for the same, with interest thereon at 51. per cent. per annum.

3. Any share of prize money of any other person can only be paid to himself, or the person named in an order drawn by him as hereinafter prescribed; but this restriction shall not apply to any prize money remaining unpaid on the promotion of a subordinate officer to the rank of commissioned officer, or of a seaman to the rank of warrant officer.

4. Every prize order must be drawn on a printed form issued by the Accountant-General ; and in favour of some one or other of the following persons by name, viz. :

  1. The drawer's wife.
  2. The drawer's father or mother,
  3. The drawer's son or daughter,
  4. The drawer's brother or sister, who must be so described in the order.

5. Shares not claimed.-Should the share of any person be not duly claimed within six years after it is payable to him, it shall be deemed unclaimed, and shall be dealt with accordingly ; but notwithstanding that any such share shall have been forfeited or remain unclaimed, the Admiralty, should they see good cause, may pay the same out of the naval prize cash balance.

SECTION III. PRISONERS OF WAR.

1880. Register of Prisoners of War.-The Accountant Officer will keep a register of all prisoners taken from prizes captured in war who may be received in the ship, in order that a perfect record may be kept of all prisoners so taken, and a return is to be rendered to the Admiralty monthly in the same form, in order that the requisite information may be preserved. See 27 (Treatment of Prisoners of War).

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