o the recaptor are termed Salvage. It was
the ancient law of this country, that a possession of twenty-four
hours was a sufficient conversion of the property, and unless it was
reclaimed before _sundown_, the owner was divested of his property.
Thus there was a complete obliteration of the rights of former owners.
This was the ancient law of England, and was in accordance with the
ancient law of Europe.

This rule has been receded from in this country, since the increase of
her commerce. During the time of the usurpation, when England was
becoming commercial, an alteration was effected by the ordinance of
1649, which directed a restitution, upon salvage, to British subjects;
and the same indulgent rule was continued afterwards, when this
country became still more commercial.

This country, as a commercial country, has thus departed from the old
law, and has made a new and peculiar law for itself, in favour of
merchant property recaptured, introducing a policy not then introduced
by other countries, and differing from its own ancient practice.

[Sidenote: Recaptures converted into Ships of War are not restored.]

There is one exception to this law. The Prize Act provides that if a
recaptured ship, originally taken by her Majesty's enemies, shall
appear to have been by them "_set forth as a ship or vessel of war_,"
the said ship or vessel shall not be restored to the former owners or
proprietors; but shall, in all cases, whether retaken by any of Her
Majesty's ships, or by any privateer, be adjudged lawful prize for the
benefit of the captors. When the former character of the vessel has
been once obliterated by her conversion into a ship of war, the title
of the former owner, and his claim to restitution, are extinguished,
and cannot be revived by any subsequent variation of the character of
the vessel.

_Setting forth_ does not necessarily mean sending out of port with a
regular commission. It is sufficient if she has been used as part of
the _national_ force of the enemy, by those in _competent_
authority.[131]

[Sidenote: Capture a material question in cases of Recapture.]

As it has been stated above, in cases of recapture, the material
question is, whether there was such a capture made by the enemy, as to
found a case of re-capture.

This is settled by the question whether the enemy have an effectual
possession; by this is not meant the _complete_ and firm possession
obtained by condemnation in a Court of P