s do not extend to the capture of private
property upon land; that is a right which is not even granted to
Queen's ships. The words of the 3rd Section of the Prize Act extend
only to capture by any of Her Majesty's ships,

"of any fortress upon the land, or any arms, ammunition,
stores of war, goods, merchandize, and treasure, belonging
to the state, or to any public trading company, of the
enemies of the crown of Great Britain, upon the land."

Thus the interests of the Queen's cruizers are expressly limited with
respect to the property in which the captors can acquire any interest
of their own, the state still reserving to itself all private
property, in order that no temptation may be held out for unauthorized
expeditions against the subjects of the enemy on land. With regard to
private vessels of war, the Lords of the Admiralty are empowered by
the 9th Section, to issue Letters of Marque, to the _Commanders_ of
any such ships or vessels,

"for the attacking and taking any place or fortress upon the
land, or any ship or vessel, arms, ammunition, stores of
war, goods, or merchandize, belonging or possessed by any of
Her Majesty's enemies in any sea, creek, river, or haven."

It was the purpose of the persons who brought in this bill, that
Privateers should not be allowed to make depredations upon the coasts
of the enemy for the purpose of plundering individuals, and for that
reason they were restricted to fortified places and fortresses, and to
property water-borne.[91]

As Privateers sometimes sail in company with Queen's vessels, and also
in small squadrons, for the purpose of mutual assistance, the rights
of the privateers vary. When a Privateer is sailing under the convoy
of a Queen's ship, she takes no share in any prize taken by the ship,
or even by herself, unless she has received orders from the convoying
royal ship to give chase, or has acted hostilely against the enemy,
actually aiding and assisting in the capture.[92]

When Privateers have sailed in company, it has often happened that not
every vessel has been actually engaged in the capture of the prize,
though they may have been rendering valuable assistance in a variety
of forms, such as watching in the offing, guarding an open outlet of
escape to the intended prize. In the disputes arising from these joint
captures, Sir William Scott was the first to establish a settled
intelligible system, on principles th