In case of capture, by the ancient maritime law the ship and goods became the absolute property of the captor. The old practice in this country was, when ships were in pay of the king, to divide in certain proportions, which varied at different times, the value of the capture between the king, the owners, and the captors. Where the capture was made by ships not in the king's pay, he received no share, but a small proportion was paid to the admiral. In the reign of George II. provision was for the first time made by various statutes for the resto ration of the recaptured ship and cargo to the owners, and the rates of salvage were fixed, varying according to the length of time that had elapsed since the capture. In the reign of George III. these rates were done away with, and by various acts the rate of salvage was fixed at one-eighth of the value in the case of king's ships, and one-sixth for private ships; where the re-capture was effected by the joint operation of king's and private ships, the Court of Admiralty were to order such salvage as was reasonable. Convoying ships are entitled to salvage for the recapture of ships which accompanied them. A ship, which has once been used as a ship of war, is not subject to be restored if after wards recaptured. If a ship is deserted by the enemy after capture and subsequently taken possession of, this is not a recapture, but who take possession are entitled to recompense as in an ordinary case of salvage. If after the recapture the ship is again taken and con
demned, the right of salvage is extinguished. Where the ship of a power in alliance with Great Britain is taken by the common enemy and afterwards recaptured by a British ship, the rule for restitution on payment of salvage is the same as in the case of the capture of a British ship ; provided the allied power chooses to adopt that rule in reciprocal cases. If it does not, the same rule which is acted upon in the courts of the allied power is adopted in the British courts. If the ship of a neutral nation be taken as prize by an enemy of Great Britain and be retaken by British subjects', it is restored to the owners without salvage, unless there is reason to suppose that under the cir cumstances the ship would have been condemned in the courts of the capturing nation. Where it appears that such would have been the case, the British subjects are entitled to salvage. Ships and merchan dise taken from pirates are subject, by 6 Geo. IV., c. 49, to a payment of one-eighth of the value. [Pusan.) (Maclachlan, Oa the Law of Merchant Skipping; Abbott, On Shippin, by Serj. Slice ; Maude and Pollock, Compendium of the Law of Merchant Ships.)