Page:Ruffhead - The Statutes at Large - vol 3.djvu/407

 A. D. 1670. Anno viceiimo iecund'o 8c terti'o Caroli II. C. 1 1. ^'59) niongft the ChiUren : (3) And in cafe there be no Child, then to the next of Kindred in equal Degree of amoni^d th« or unto the Inteftate, and their legal Reprefentatives as aforefaid, and in no other Manner whatfoever. Chiliiien. 1 Sali^ 250. Raymond 496. Carthevv 51. Jones Sir Tho. 93. 2 Vcrnoniegj 170, 233,. Vlir. Provided alfo, and be it lilcewife enabled by the Authority aforefaid. To the End that a due Re- any Debt or Debts truly owing by the Inteflate fhall be afterwards fued for and recovered, or otherwife If Debts after- duly made to appear ; ■ that then and in every fuch Cafe he or fhe fhall refpeclively refund and pay back to ^^^'is appear, the Adminiftrator his or her rateable Part of that Debt or Debts, and of the Cofts of Suit and Cliargcs of ''"=■' ^'1 1" '>=- ': Diftribution made as aforefaid. ' IX. Provided always, and be it enacled by the Authority aforefaid. That in all Cafes vi^here the Ordi- This Ad n»il lury hath iifed heretofore to grant Adminiftration cum Tejlamento annexo, he fliall continue fo to do, and the not extend to AVill of the Deceafed in fuch Teftament expreffed fliall be performed and obferved in fuch Manner as it Admniflratioa ftould have been if this Ac^ had never been made. ".nJo'*'"""" X. Provided alfo. That this Aft fhall continue in Force for feven Years, and from thence to the End of the next SefTion of Parliament and no longer, [zg Car. 2. c. 3. §. 25. 30 Car. 2. ftat. i^ c. 6. made per- petual by I Jac. 2. c. 17. §. 5. J And fee 14 Geo. 2. c. 20. §. 9. C A P. XI. (I.) An Aft to prevent the Delivery up of Merchants Ships, and for the Increafe of good and fer- viceable Shipping. ' /l7 ^'^^■^-^■^2 it often happeneth that Mafters and Commanders of Merchants Ships do fufFer their ifiCar.z. c.SS^ ' VV Ships to be boarded, and their Goods to be taken out by Pirates and Sea-rovers, notwithftanding. ' they have fuiScient Force to defend themfelves, whereby not only the Merchants are much prejudiced,, ' but the Honour of the EngliJI] Navigation is thereby much diminilhed, and Merchants difcouraged from ' 'adiiig their Goods on Board Englijh Ships, to the Decay of Shipping ; in the Prefervation of which the ' Weakh, Honour and Safety of this' Nation is fo much concerned : (2) To which the faid Mailers are- ' encouraged by a Pra£lice ufed towards them by tire Turks and others, who after they have taken out the ' Goods, as an Encouragement to Mafcers of Ships to yield, do not only rcftore the Ship with fuch Goods ' as arc claimed by the Mafters or Seamen, but many Times pay unto the Mafters all or fome Part of the ' Freight, v/hich hath many Times caufed Sufpicion of Treachery in the faid Mafters, to the great Dif- ' honour of the Englijh Nation :' II. For the Prevention thereof for the future, and for the better Encouragement to Merchants, as well No Mafier fiiall.' Foreigners as £;zg"///2', to freight and uk Englijh 'SsKxps, (2) Be it enailed by the King's moft Excellent deliver up any Majefly, by and v/ith the Advice and Confent of the Lords Spiritual and 1'eniporai, and Commons, affem- ?'"P (°* *"=? bled in Parliament, and by Authority of the fime. That where any Goods or Merchandizes fliall be laden Cu^sl^'to an on board any EngUfa Ship, which Ship fliall be of the Burthen of two hundred Tons or upwards, and piraiesorothera,, mounted with fixteen Guns or more, if the Mafter or Commander fhall yield up the faid Goods to any without iijilit^ Tiw,?-//?) Ships or Veffels, or to any Pirates or Sea-rovers whatfoever, without fighting ; That then and in. i^g.. fuch Cafe the Mafter fhall, upon Proof thereof made in the High Court of Admiralty be from thenceforth incapable of taking Charge of any Englijl^ Ship or Veffel as Mafter or Commander thereof; (3) and if he fhall at any Time thereafter prefum.e to take upon him to command any En^lifo Ship or Veflel, he fliall fuffer Impriibnment by Warrant from the faid Court, during the Space of fix Months for every fuch Of- fence : (4) And in Cafe the Perfons fo taking the faid Goods, fliall releafe, give back or let pafs the faid Ship, fliall pay unto the faid Mafter any Sum or Sums of Money, or any Goods in Lieu of Money for Freight, or other Rev/ard or Gift; that in all or any fuch Cafes, the faid Goods or Money fo given, or the Value thereof, as alfo the Aiafter's Part of fuch Ship, her Tackle, Apparel and Furniture fo releafed, given back or let pafs, out of which the faid Goods were taken, fhall be liable to repair the Perfons v.'hofe Cjoods were fo delivered or taken, by Aftion in the High Court of Admiralty : (5) And in cafe the Com- mander's or Mafter's Part of the Ship, Tackle, Apparel and Furniture, together v/ith fuch Money and Goods given as aforefaid, fliall not be fufUcient to repair all the Damages fuftained ; then the Reparations to be recovered on the Mafter's or Commander's Part of the Ship, to be divided ^r* I'ata amongft the Perfons profecuting and proving their Damages, and the Perfons damaged to have their Aflion againft the Mafter- for the Remainder. III. And be it further enafted by the Authority aforefaid. That no Mafter of any fuch Englijh Ship as The Maflernot; aforefaid, being at Sea, and having difcovere'^d any Ship to be a Turkijh Ship, Pirate or Sea-rover, fliallde- todepartout part out of his Ship upon any Pretence whatfoever, left by his Detention on Board any fuch Ship, the Safety "^ '""^ ^'■"P- of his own Ship be hazarded. IV. And be it further enafted. That if the Mafter of any £'ko-///2» Ship or VefTel, though not of the The Penalty- Burthen of two hundred 1 ons, or mounted with fixteen Guns as aforefaid, fliall yield his Ship unto any y'^'^" ^'^^ -^'P Turkij]} Ship, Pirate or Sea-rover, (not having at the leaft his double Number of Guns) without fighting, xons'^and "16 every iuch Mafie; fliall be liable to all and every the Penalties in this Aft contained. c^LT V. And be it further enafted by the Authority aforefaid. That upon Procefs made out of the High tq feize by Court of Admiralty, It Iball and may be lav/ful to and for all Commanders of his Majefty's Ships of Procefs out of llj .; 4, VVar, the A^Bliraky,. 1;
 * f|ie Adminiftrator by reafon of fuch Debt, out of the Part and Share fo as aforefaid allotted to him or her, ;"o"n^bW*""^"
 * thereby to enable the faid Adminiftrator to pay and fatisfy the faid Debt or Debts fo difcovercd after the