By 3 & 4 Vict. c. 65, which is an act to Improve the practice and extend the jurisdiction of the High Court of Admi ralty of England," the Dean of Arches is empowered to sit as assistant to or in place of the judge of the court; and advo cates, surrogates, and proctors of the Court of Arches are admitted in the Court of Admiralty. The judge of the Admiralty is empowered to make rules of court, and is to enjoy all the privileges which pertain to the judges of the superior courts. There is a clause which enables the court to try any questions concerning booty of war which may be referred to it by the Privy Council. The court is empowered to ad judicate on claims for services and neces saries to any ships which may not have been on tlr. high seas, but within the body of a county, at the time when such services were rendered. Evidence may be taken vied voce in open court, or be fore commissioners. The court can direct issues on questions of fact arising in any suit to be tried before some judge of the superior courts of common law ; and is empowered to direct new trials, or to grant or refuse them; the exercise of the last-mentioned right to be subject to appeal. Other alterations are made, for which reference should be made to the act.
The Prize Court is the only tribunal for deciding what is, and what is not, lawful prize, and for adjudicating upon all matters civil and criminal relating to prize. By " prize" is to be understood every acquisition made jure Belli (by the law of war), which is either itself of a maritime character, or is made, whether at sea or by land, by a naval force. All acquisitions by war belong to the sove reign power in the state, but are usually, by the law of each particular state (as in England by several acts of parliament), distributed in certain proportions among the persons who took or assisted in taking them. But the property in the thing captured is held by English jurists, agreeably to the general practice of the law of nations, not to be absolutely taken from the original owners, until, by the sentence of a properly authorized court, it has been condemned as lawful prize. We had, as it should appear, no court authorized to adjudicate on property cap. tared by land-forces, or booty, as it is commonly termed by writers on the law of nations ; but, when occasion required, commissioners were specially appointed for the purpose. The 3 & 4 Vict. c. 65, enacts that the High Court of Admiralty shall have jurisdiction to decide all matters and questions concerning booty of war when referred to it by the Privy Council (§ 22.) But propertj captured by the naval force forms the peculiar province of the Prize Court of the Admiralty. " The end of a Prize Court," says Lord Mansfield, " is to sus pend the property till condemnation ; to punish every sort of misbehaviour in the captors ; to restore instantly, if upon the most summary examination there does not appear sufficient ground; to condemn finally, if the goods really are prize, against everybody, giving everybody a fair opportunity of being beard." (Dou
glas's Reports, p. 572, &c.) The prize Court has also jurisdiction in matters of capture in port or on land, when the capture has been effected by a naval force, or a mixed naval and military force.
Vessels taken under the treaties for the suppression of the slave-trade are adjudi cated by a mired commission, composed of English and foreign commissioners.
In 1840 an act was passed (3 & 4 Viet. c. 66) to make provision for the judge, registrar, and marshal of the Court of Admiralty. It fixes the salary of the judge at 40001., with a retiring pension of 20001. after fifteen years' service, or on becoming permanently disabled from per forming his duties. It also prohibits the judge from sitting in parliament. The salary of the registrar is 14001., without fees. In time of war, or in case of a great increase of business, the registrar's salary may be increased to 20001. He must perform his duties personally; but if, in case of illness or absence, he neglects for two days to appoint a deputy, the judge is empowered to appoint one, and to fix his salary, which is to be paid out of the salary of the registrar. The re gistrar is appointed by the judge, and must be a proctor of not less than ten years' standing. In case of necessity, the judge may direct the registrar to appoint an assistant, subject to the approval of the judge, with a salary of 12001. One of the duties of the registrar is to attend the hearing of appeals before the Privy Council, instead of the registrars of the Court of Chancery, on whom this duty devolved under 3 & 4 Wm. IV. c. 41. The marshal's salary is 5001., without fees, and may be increased to 8001. in time of war, or if the business of the court should increase sufficiently. The fees of the court are carried to an account called the fee fund, out of which all the officers are paid except the judge.
The business and fees of the Court of Admiralty are always much greater in time of war. From 1778 to 1782 Judge Marriot received 4500/. a year, the salary being 8001., and the fees averaging 37001. a year. On the return of peace his salary was increased to 980/. ; and his total in come during the peace averaged 13801. a year. In 1794 the salary of the office was increased by the addition of 4001. a year. In the first ten years of the French revolutionary war, the income of Sir W.