Reports of Cases Decided During the Present War in the Admiralty Prize Court And the Court of Appeal

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Judgment.
of the vessel to which she is attached.
Distance from the place of capture does not affect the right to share.
The ancient rule of the navy, that ships of war share the captures of their tenders, is not altered by any procla- mation.
ship to whicli she has been attached, and that any capture made by her enures to the benefit of the sliip to which tlie tender is an adjunct. This was the old rule and practice, and must prevail unless any distinction can now be shown.
First as to the pla
...ce of capture. It was off the Start, about 50 miles from Plymouth where the " Impregnable" lay; but I do not think that on the ground of distance only any exception has hitherto been engrafted, — nor is there any clear reason for so doing. Tenders are, I apprehend, used for the very purpose of performing service which it may be inconvenient for the large ship to attempt, and may consequently be compelled to proceed to a considerable distance.
I think that no line has or could well be drawn, though I do not say that there might not be a combination of circumstances which would form an exception.


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