Page:History of New South Wales from the records, Volume 1.djvu/662

 538 THE VICE-ADMIRALTY 1787 Oflfenoes oommitted at sea may be tried by Com- missioners. Power to commit on information, and to assemble a Court consisting of seven members, or tbree, who should have power to summon four more. 9ualiflca- tions. Power to issue warrants of arrest, to summon witnesses, totalce evidence, and to pronounce sentence. in or upou the sea or in any haven, river, creek or place where the Admiral or Admirals have power authority or jurisdiction may be examined, enquired of, tryed, heard, and determined and adjudged according to the directions of the said Act in any place at sea or upon the land in any of his said late Majesty's islands, plantations, colonies, dominions, forts or factories to be appointed for that pur- pose by his said late Majesty's Commission or Commissions under the Qreat Seal of England, or the seal oE the Admiralty of Eng- land, directed to all or any of the Admirals, Vice-Admirals, Rear- Admirals, Judges of Yice- Admiralties or Commanders of his said late Majesty's ships-of-war, and also to all or any such person or persons officer or officers by name or for the time being as his said late Majesty should think fit to appoint : Which said Commissioners should have full power jointly or severally by warrant under the hand or seal of them or any one of them to commit to safe custody any person or persons against whom, information of piracy, robbcary or felony upon the sea should be given upon oath and to call and to assemble a Court of Admiralty on ship-board or upon the land when and as often as occasion should require, which Court should consist of seven persons at the least : And it is thereby further enacted that if so many of the persons aforesaid could not conveniently be assembled, any three of the aforesaid persons, whereof the president or chief of some English factory or the Governor, Lieutenant-Governor or member of his said late Majesty's Council in any of the plantations or ool<mies aforesaid or Commander of one of his late Majesty's ships was always to be one (should be one), should have full power and authority by virtue of the said Act to call and assemble any other persons on ship-board or upon the land to make up the number of seven : And it is thereby also provided that no persons but such as were known merchants, factors or planters or such as were captains lieutenants or warrant officers in any of his late Majesty's ships-of- war or captains, masters or mates of some English ship should be capable of being so called and sitting and voting in the said Court : And it is thereby further enacted that such persons, called and assembled as aforesaid, should have full power and authority according to the course of the Admiralty to issue warrants for bringing up any persons accused of piracy or robbery before them to be tryed heard and adjudged, and to summon witnesses and take informations and examinations of witoesses upon their oath, and to do all things necessary for the hearing and final determinatioa of any case of piracy robbery and felony, and to give sentence and judgement of death, and to award execution of the offenders con- victed and attainted as aforesaid according to the civil law and the methods and rules of the Admiralty, and that all and every person and persons so convicted and attainted d piracy and rob- bery should have and sufier such losses of lands, goods, and chattels Digitized by Google