case Lord kingston and his wife against vernon may Q upon the right of a  inferior flag to share of prize and bounty money under the king proclamation  lib Reg a foe nom king v Vernon S c hark ms from de grey ms in the late war  defendant be superior flag officer and sir Charles Ogle inferior flag officer  of a squadron in the west Indies from to captain Harvey of the superb man of  war one of the fleet be by order of defendant Vernon of d November detach home  in that ship with dispatch to the secretary of state and the lord of admiralty  hut have no direction to return to the fleet but when in England to receive  order from the lord of the admiralty in this voyage home about league from  Cumberland harbour in island Cuba where he leave the squadron he take a  Spanish prize and afterward pay the flag share be oneeighth to defendant  Vernon ambler bill by plaintiff in right of his wife as widow and executrix of  sir Charles Ogle for onethird part of the flag share as be inferior flag  officer at the time the prize be take and also for his share of the bounty  money pay by the captain of the ship Worcester as the flag share upon a  engagement by that ship question depend on the construction of the act of  parliament and two proclamation issue during the war by saint proclamation of  that June the captain be to have threeeighths of every prize and if take by a  man of war under the command of a flag officer or officer be actual on board  or direct or assist in the capture such flag officer or officer to have  oneeighth of the threeeighths by d proclamation of that June if there be two  flag officer the chief shall have twothirds of the oneeighth and the other  onethird it be argue for plaintiff by attorneygeneral solicitorgeneral clarke  and capper that the d proclamation have retrospect to the time of the act of  parliament and be so declare in the case of haddock v Ogle in Ves that if a  flag share be due no case can happen where the inferior officer be not entitle  to his proportion of it accord to d proclamation so of the bounty money on the  other side it be argue by Mr Noel Wilbraham Evans and t clarke that the ship  be send only with dispatch to England be not to be consider as if send on a  cruise and so continue part of the squadron but cease to be so the moment it  leave Cumberland harbour and be then only under the command of defendant  Vernon by virtue of his superior command and not under Ogle at all and a case  be put if a squadron shall be come to on their squadron ambler and just within  the limit of Vernon command shall take a prize Vernon will be entitle to the  flag share but Ogle will not Lord Hardwicke c two matter for consideration  saint the prize money d the bounty money of the Worcester saint depend on the  question whether Ogle be to be consider as a flag officer within the intent of  the d proclamation so as to be entitle to a share of oneeighth if there be two  flag officer both will be let into a equal share of a prize by the first  proclamation though one of they will be superior to the other for coordinate  flag officer can be nor ever be on expedition the second proclamation settle  the particular right of the flag officer where there be more than one do not  know how far the d have a retrospect the whole flow from the bounty of the  crown and it will not be improper from the king if he think fit to extend the  d proclamation to what be pass but that question be not necessary as the  plaintiff claim only the share under the d proclamation quere if any share  belong to Ogle it must be admit to be such a prize of which there be a flag  officer share for the defendant have receive it it be argue that if it be not  proper receive captain Harvey may have his remedy but the ambler er p  plaintiff can benefit by it but must make out his own case but from the  concession I must take it to be such a prize it be certain though neither  Vernon nor Ogle be act in take a prize by a ship out in the service yet they  will be entitle under one or other of those proclamation to the flag share  that they be on board their own ship in actual service with their colour hoist  be admit a distinction take if a ship be send in service on a cruise with  order to return to the fleet the inferior flag officer will be entitle to a  share but where the superior flag officer send home a ship with no order to  return she cease to be part of the squadron of which Ogle be inferior admiral  but still act ambler under the superior admiral while she be within the limit  of his command but that distinction do not hold why no long part of the  squadron the direction to receive order from the lord of the admiralty be  usual where the ship be at home she be of course under their direction and  they may order her to be refit and return to the fleet how differ from a  cruise for whatever purpose send home it be relative to the general service  and perhaps as much to the general service in which Vernon be engage as if  send on a cruise all the ship under his command constitute the fleet Ogle be  rearadmiral of that fleet how do this ship continue under his command as  commander in chief of all the king fleet of which Ogle be rearadmiral it be  say suppose another squadron have come and join they it will be under Vernon  but not under Ogle I deny it for it will be under Ogle if he be superior  officer to the admiral of that squadron as Ogle will to Vernon note the note  of this case in hark ms agree with the report by ambler except that in this  place there be the follow addition the right of the inferior admiral to a  prize or share depend on this whether he act under order that make he a  continue part of the squadron and not on the power of the admiral over the  ship that take the prize or of the viceadmiral suppose after captain Harvey  set out Ogle have be detach on another service and have fall in with Harvey he  may have command Harvey in case any particular incident happen provide it be  not contrary to Vernon order d question both proclamation be relative to the  bountymoney if any distinction it shall be in favour of those who risk their  life and if it be res integral it may be a doubt whether a flag officer will  be entitle to any share the follow be the principal case to be meet with in  the report respect the distribution of prize money Johnstone v Margetson h b  tailor v Lord Pawlett ib n Pegot v white ib n Lord Nelson v Tucker b p east  Lord Keith v pringle east Harvey v cook east Holmes v Rainier east lady  gardener v line east Drury v lady gardener m S Donnely v sir h Popham taunt  Duckworth v Tucker taunt Johnstone v Sutton t r Lumley v Sutton t r water  house v king east