Page:Ruffhead - The Statutes at Large - vol 4.djvu/387

 A. D. 1707: Anno fexto Ann^ Reginae. C. 37. 35^ and among the Owner or Owners of fuch Ship or Veffel, and the feveral Perfons which {hal] be on board the fame, and be aiding and affifting to the taking thereof, in fuch Shares and Proportions as fhall be a- g^reed on with the Owner or Owners of fuch Ship or Veffel as {hall be the Captor thereof, their Agents or factors, as the proper Goods and Chattels of fuch Owner or Owners, and the Perfons that fliall be thus intitled thereto, by virtue of fuch Agreeir.eiits among themfelves; and that neither her Majefty, her Heirs - or SuccelTors, or any Admiral, Vice Admiral, Governor, or other Perfon commiflioned by or claiming under her Majefty, her Heirs or Succeflbrs, or any Perfon or Perfons whatfoever (other than the Owner or Owners of fuch Ship or Veffel, being the Captor of fuch Prize Ship or Veffel, Arms, Ammunition, Stores of War, Goods and Merchandizes, and the Perfons claimxing under him or them) fhall be inti- tled to any Part or Share thereof (her Majefty's faid Duties and Cuftoms being duly anfwered and paid ;) any Cufitom, Statute, or other Law to, the contrary notwithftanding. IV. And for the more fpeedy Proceeding to Condemnation or other Determination of any Prize Ship or Manner of cob- Veffel, Goods and Merchandizes taken by any fuch Privateer Ship, or by any of her Majefty's Ships of ^^'^'"'''E P"«= War, in fuch Court of Admiralty, as aforefaid, and for leffening the Expences that have been ufual in ^'''f^" thofe Cafes ; Be it further enafted by the Authority aforefaid. That the Judge or Judges of fuch Court of Admiralty, or other Perfon or Perfons thereto authorized, fhall within the Space of five Days after Re- queft to him or them for that Purpofe made, finifh the ufual prepaiatory Examination of the Perfons com- monly examined in fuch Cafes, in order to prove the Capture to be lawful Prize, or to enquire whether the fame be lawful Prize or not ; and that the proper Monition ufual in fuch Cafes fhall be iffued by the Perfon or Perfons, proper to iffue the fame, and fliall be executed in the ufual Manner by the Perfon or Per- fons proper to execute the fame, within the Space of three Days after Requeft in that Behalf made ; and in cafe no Claim of fuch Capture, Ship, Veffel, or Goods fhall be duly entred or made in the ufual Form, and attefted upon Oath, giving twenty Days Notice after the Execution of fuch Monition, or if there be fuch Claim, and the Claimant or Claimants fhall not within five Days give fufficient Security (to be approved by fuch Court of Admiralty) to pay double Cofts to the Captor or Captors of fuch Ship, Veffel, or Goods, in cafe the fame fo claimed ihall be adjudged, lawful Prize, that then the Judge or J udges. of fuch Court of Admiralty fhall, upon producing to him or them the faid Examinations or Copies thereof, and upon producing to him or them, upon Oath, all Papers and Writings which fhall have been found,- taken in or with fuch Capture (or upon Oath made that no fuch Papers were found) immediately, and without further Delay proceed to Sentence, either to difcharge and acquit fuch Capture, or to adjudge and condemn the fame as lawful Prize, according as the Cafe fhall appear to him or them, upon Perufal of fuch preparatory Examinations, and alfoof the Writings found taken in or with fuch Capture (if any fuch Writing fhall be found) and in cafe fuch Claim fhall be duly entred or made, and Security given there- upbn, according to the Tenor and true Meaning of this Aft, and there fhall'appearno Occafion to examine any Witneffes, other than what fhall be then near to fuch Court of Admiralty, that then fuch Judge or Judges fhall forthwith caufe fuch Witneffes to be examined and (within the Space of ten Days after fuch Claim made, and Security given) proceed to fuch Sentence, as aforefaid, touching fuch Capture; but in cafe upon making or entring fuch Claim, and the All gation and Oath thereupon, or the producing fuch Writings as fhall have been found taken in, or with fuch Capture, or upon the faid preparatory Exami- , nations, it fhall appear doubtful to the Judge or Judges of fuch Court of Admiralty, whether fuch Cap- ture be lawful Prize or not, and it fhall appear neceffary according to the Circumftances of the Cafe, for the clearing and determining fuch Doubt, to have an Examination of Witneffes that are remote from fuch Court of Admiralty, and fuch Examination fhall be defined, and that it be ftill infifted on, on the Captors Part, that the faid Capture is lawful Prize, and that the contrary be ftill perfifted in, on the Claimants Behalf, that then the faid Judge or Judges fhall forthwith caufe fuch Capture to be apprized by Perfons named on the Part of the Captor, and fworn truly to appraife the fame according to the beft.of their Skill and Knowledge, and fhall after fuch Appraifement made, and within the Space of fourteen Days after the making of fuch Claim, proceed to take good and fufficient Security from the Claimants, to pay to the 9'^^^"'^' - ' Captors the full Value thereof, according to fuch Appraifement, in cafe the fame fhall be adjudged lawftrl p^ mentgfCa'^ Prize, and after fuch Security duly given, the faid Judge or Judges fhall make an interlocutory Order for tors, releafing or delivering the fame to fuch Claimant or Claimants, or his or their Agents ; and the fame fhall be actually releafed or delivered accordingly. V. And it is further enafted by the Authority aforefaid, That if any Claimant or Claimants fhall re- Kgf„c,„ (, „-^^ fufe to give fucii Security, the Judge or Judges fhall caufe the Captor or Captors in like Manner to give fuch Security" good and fufficient Security, to be approved of by the Claimant or Claim.ants, to pay to the faid Claim- Captors to give ant or Claimants the full Value according to the Appraifement, in cafe any fuch Capture or Captures iliall Security, &c. be adjudged not to be lawful Prize ; and the faid Judge o" Judges fhall thereupon proceed to make an in- terlocutory Order for the releafing and delivering of the fame to the faid l aptor or Captors, or their Agents. VI. And it is further enafted by the Authority aforefaid, That all fuch Captures as aforefaid, which Captures brought fhall be brought into any of her Majefty's Colonies or Plantations m jimerica, fhall, v/ithout breaking '"to America, to Bulk, flay there, and be under the joint Care andCuftodyof the Naval Officer of the Port or P]ace *^Y^^^' """ whereto the fame fhall be brought, and of the Captors thereof, and their Agents, until either the fame fliall ^'^^J^^^^'^ ^^ '^°* by final Sentence have been cleared and difcharged, or adjudged and condemned as lawful Prize, or that ' fuch interlocutory Orders as aforeiaid, fhall have been made for the releafing or delivering of the fame; and upon the Condemnation or Adjudication thereof as lawful Prize, fhall (in cafe the fame were taken by any fuch Privateer Ship or Ships as aforefaid) be immediately delivered unto the Captors thereof, and their Agents, to be by them difpofed as their Goods and Chattels, and (in cafe the fame were taken by any of her Majefty's Ships of War) unto fuch Perfon or Perfons, and to be fo divided and difpofed, as her