[War against Russia. Great Britain, France, and Turkey.] Nation, faithful to GoD, and to His only Son Jesus Christ, Our It is for the Faith and Christianity that we fight. Given at St. Petersburgh, the 11th day of the month of April of the year of Grace, 1854, and of our reign the 29th. NICOLAS. [War with Russia.] No. 246.-CONVENTION between Great Britain and France, relative to Joint Captures. Signed at London, 10th May, 1854.* 2. Adjudication. Captures by Cruizer of one Country in sight of Cruizer of the other. 3. Adjudication of Captured Merchant Vessels. 4. Distribution of Prize Money. 5. Instructions as to Delivering up of Prizes. 6. Valuation of a Captured Vessel of War. 7. Treatment of Crews of Captured Vessels. 8. Ratifications. ANNEX.-Instructions to the Commanders of Ships of War belonging to Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and to His Majesty the Emperor of the French. (English Version.†) HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of the French, being desirous to determine the jurisdiction to which the adjudication of Joint Captures which may be made during the course of the present War by the Naval Forces of the two Nations, shall belong, or of Captures which may be made of Merchant Vessels belonging to subjects of either of the two Countries by the Cruizers of the other, and being desirous to regulate at the same time the mode of distribution of the proceeds of Joint Captures, have named as their Plenipotentiaries for that purpose, that is to say: Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable George William Frederick, Earl of Clarendon, Baron Hyde of Hindon, a Peer of the United Kingdom, a Member of Her Britannic Majesty's Most Honourable Privy Council, Her Britannic Majesty's Principal Secretary of State for Foreign Affairs, &c.; And His Majesty the Emperor of the French, the Sieur Alexander Colonna, Count Walewski, his Ambassador to Her Britannic Majesty, &c.; Who, after having exchanged their Full Powers, found in due form, have agreed upon the following Articles: * Acceded to by Sardinia and Turkey on the 15th November, 1855. See also Declaration of 10th July, 1855. For French version see State Papers," vol. xliv, p. 11. [War with Russia.] Adjudication of Joint Captures. ART. I. When a Joint Capture shall be made by the Naval Forces of the two Countries, the Adjudication thereof shall belong to the Jurisdiction of the Country whose Flag shall have been borne by the officer having the superior command in the action. Adjudication. Captures by Cruizer of one Country in sight of Cruizer of the other. ART. II. When a Capture shall be made by a Cruizer of either of the two Allied Nations in the presence and in the sight of a Cruizer of the other, such Cruizer having thus contributed to the intimidation of the enemy and encouragement of the Captor, the Adjudication thereof shall belong to the Jurisdiction of the actual Captor. Adjudication of Captured Merchant Vessels. ART. III. In case of the Capture of a Merchant Vessel of one of the two Countries, the Adjudication of such Capture shall always belong to the Jurisdiction of the Country of the Capturing Vessel: the Cargo shall be dealt with, as to the Jurisdiction, in the same manner as the Vessel. Distribution of Prize Money. ART. IV. In case of condemnation under the circumstances described in the preceding Articles: 1. If the Capture shall have been made by Vessels of the two Nations whilst acting in conjunction, the net proceeds of the Prize, after deducting the necessary expenses, shall be divided into as many Shares as there were men on board the capturing Vessels, without reference to rank, and the Shares belonging to the men on board the Vessels of the Ally shall be paid and delivered to such person as may be duly authorised on behalf of the Allied Government to receive the same; and the distribution of the amount belonging to each Vessel shall be made by each Government according to the Laws and Regulations of the Country. 2. If the Capture shall have been made by Cruizers of either of the two Allied Nations in the presence and in sight of a Cruizer of the other, the division, the payment, and the distribution of the net proceeds of the Prize, after deducting the necessary expenses, shall likewise be made in the manner above mentioned. 3. If a Capture, made by a Cruizer of one of the two Countries, [War with Russia.] shall have been adjudicated by the Courts of the other, the net proceeds of the Prize, after deducting the necessary expenses, shall be made over in the same manner to the Government of the Captor, to be distributed according to its Laws and Regulations. Instructions as to delivering up of Prizes. ART. V. The Commanders of the Vessels of War of their Majesties shall, with regard to the sending in and delivering up of Prizes, conform to the Instructions annexed to the present Convention, and which the two Governments reserve to themselves to modify by common consent, if it should become necessary. Valuation of a Captured Vessel of War. ART. VI. When, in execution of the present Convention, the Valuation of a Captured Vessel of War shall be in question, the calculation shall be according to the real value of the same; and the Allied Government shall be entitled to delegate one or more competent officers to concur in the Valuation. In case of disagreement, it shall be decided by lot which officer shall have the casting voice. Treatment of Crews of Captured Vessels. ART. VII. The Crews of the Captured Vessels shall be dealt with according to the Laws and Regulations of the Country to which the present Convention attributes the Adjudication of the Prize. Ratifications. ART. VIII. The present Convention shall be ratified, and the Ratifications shall be exchanged at London within 10 days from this date, or sooner if possible. In witness whereof, the respective Plenipotentiaries have signed the present Convention, and have affixed thereto the Seals of their Arms. Done at London, the 10th day of the month of May, in the year of Our Lord, 1854. (L.S.) CLARENDON. ANNEX.--Instructions to the Commanders of Ships of War belonging to Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and to His Majesty the Emperor of the nch. * Ratifications exchanged at London, 20th May, 1854. [War with Russia.] No. 247.-CONVENTION between Great Britain and France, respecting Prisoners of War. Signed at London, 10th May, 1854. 2. Instructions to be issued as to Places and Ports to which Prisoners are to be sent. 3. Expenses of Prisoners not in Possession of either Country. 4. Exchange of Prisoners of War. 5. Ratifications. (English Version.*) HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of the French, being desirous of regulating the disposal of Prisoners who may be taken in the course of the War in which their Majesties are jointly engaged, have named as their Plenipotentiaries for this object, namely: Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable George William Frederick, Earl of Clarendon, Baron Hyde of Hindon, a Peer of the United Kingdom, a Member of Her Britannic Majesty's Most Honourable Privy Council, Her Britannic Majesty's Principal Secretary of State for Foreign Affairs, &c.; And His Majesty the Emperor of the French, the Sieur Alexandre Colonna, Count Walewski, his Ambassador to Her Britannic Majesty, &c.; Who, after kaving exchanged their Full Powers, found in due form, have agreed to the following Articles: Division of Prisoners of War. ART. I. The Prisoners made in the course of the present War shall, as far as possible, be divided equally between the two Countries. Whenever one of the two Countries shall have maintained a greater number of Prisoners, or shal have supported a certain number for a longer period of time, an account shall be made * For French version, see "State Papers," vol. xliv, p. 20. |