English Admiralty Reports - 1853 Author:George Minot Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: The Santa Crnz. 1 C. Rob. country has ever resisted the innovation, and adhered strictly to the old rule as a fundamental principle of its prize law. [ 52... more » a ] But it may be said, this practice stands upon the regulations of our prize acts ; the acts, however, but carry into effect the principle of the old and general law; andwere they, even in this respect, matters of a novel institution, whilst they prescribe a law to British subjects, they would create an equitable right for our allies to have the benefit extended to them; and in fact the right to restitution, on whatever grounds it is [ 53 ] founded, has always been acknowledged in the practice of this court. In the present war, there have been many cases relating to several of our allies, in which it has been so adjudged; there are some relating particularly to Portugal, and others may be produced from the earliest parts of the present century. In 1703, The Saint Catherine ; in 1704, the Blackiston, both Portuguese vessels, were restored, on recapture, after having been many days in the possession of the enemy, but never carried into port. In the present war, The Memphis, The Minerva, The Joachin d'Alva, all Portuguese vessels, have been restored without opposition, and sufficiently establish the law of of this? country to be towards allies, as well as towards British subjects, a law of restitution on salvage. But between Portugal and this country, the rule has also been re- ralty, cither before the late troubles, or since your Majesty's happy restoration, has in these cases adjudged the ships of one subject good prize to another; and the late usurpers made a law, in 1649, that all ships rescued, whether by their own men of war, or by privateers, should be restored on paying one eighth salvage, without an...« less