Page:Ruffhead - The Statutes at Large - vol 6.djvu/446

 380 C. 4. Anno dccimo tertio Georgii II. A. D. 1740. ' the moil ignominious Manner : And whereas his Majefty hath been obliged to declare War againft the Encouragement of the Officers and Seamen of his Majefty's Ships of War, and the Officers and Sea- men of all other Britijb Ships and Veffels having Commiffions or Letters of Marque, and for inducing all Britijb Seamen, who may be in any foreign Service, to return into this Kingdom, and become fervice- able to his Majefty, and for the more effectual fecuring and extending the Trade of bis Majefty's Sub- jects to America, and elfewhere, Be it enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Par- officers, Sea- liament affem-bled, and by the Authority of the fame, That the Flag-Officers, Commanders and other S^'sdcUwsfto Officers, Seamen, Marines and Soldiers, on Board every Ship and Veffel of War in his Majefty's Pay have the foi'e ihall have the fole Intereft and Property of and in all and every Ship, Veffel, Goods and Merchandize, Property of all w hi«h they (hall take after the fourth Day of January in the Year of our Lord one thoufand kven hun- ^"EmopeVftV dred and thirty-nine, in Europe; and after the twenty-fourth Day of June in the Year of our Lord one 4jan. 1739. And thoufand (even hundred and forty, in any other Part of the World (being firft adjudged lawful Prize in in any other an y f n ; s Majefty's Courts of Admiralty in Great Britain, or in his Plantations in America, or efewhere) World alter to be divided in fuch Proportions, and atter fuch Manner, as his Majefty, his Heirs and Succeffors (hall 4 june'1740. think fit to order and direct,, by Proclamation to be iffued for that Purpofe. Lord High Ad- H- And be it further enacted by the Authority aforefaid, That the Lord High Admiral of Great mirai', &o. to Britain, or the Commiffioners for executing the Office of Lord High Admiral of Great Britain for the tram Commu"- t ; me being, or any three or more of them, or any Perfon or Perfons in any Part of America, or elfe- manders ofPri- where, by him or them impowered or appointed, ihall, from and after the fourth Day of January one vateers. thoufand feven hundred and thirty-nine, at the Requeft of any BritiJJ) Owner or Owners of any Ship or Veffel, giving fuch Bail and Security as have been ufually taken upon granting Commiffions, or Let- ters of Marque (except only for the Payment of the Tenths of the Value of Prizes which (hall be taken, to the Lord High Admiral, or Commiffioners for executing the Office of Lord High Admiral for the time being) caufe to be iffued forth in the ufual Manner, one or more Commiffion or Commif- fions, to any Perfon or Perfons whom fuch Owner or Owners fhall nominate to be Commander, or in cafe of Death fucceffively Commanders, of fuch Ship or Veffel, for the attacking,, furprizing, feizing and taking, by and with fuch Ship or Veffel, or the Crew thereof, any Place or Fortrefs upon the Land, or any Ship or Veffel, Goods, Ammunition, Arms, Stores of War or Merchandizes, belong- ing to or poffeffed by any of his Majefty's Enemies, in any Sea, Creek, Haven or River; and that fuch Ship or Ships, Veffel or Veffels, Arms, Ammunition, Stores of War, Goods and Merchandizes what- foever, with all their Furniture, Tackle or Apparel, fo to be taken by or with fuch private Owner or Owners, Ship or Veffel, according to fuch Commiffion and Commiffions, being firft adjudged lawful Prize in any of his Majefty's Courts of Admiralty as aforefaid, fhall wholly and intirely belong to, and be divided between and among the Owner and Owners of fuch Ship or Veffel, and the feveral Perfons which fhall be on Board the fame, and be aiding and affifting to the taking thereof, in fuch Shares and Proportions, as fhall be agreed on with the Owner or Owners of fuch Ship or Veffel, as fhall be the Captor thereof, their Agents or Facftors, as the proper Goods and Chatties of fuch Owner or Owners, and the Perfons that fhall be thus intitled thereto, by virtue of fuch Agreements among themfelves ; and that neither his Majefty, his Heirs or Succeffors, or any Admiral, Vice-admiral, Governor, or other Perfon commiffioned by or claiming under his Majefty, his Heirs or Succeffors, 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 claim- ing under him or them, fhall be intitled to any Part or Share thereof, except as to the Cuftoms and Du- ties hereafter mentioned ; any Cuftom, Statute or other Law to the contrary notwithstanding. Hc-w the Prizes III. And for the more fpeedy proceeding to Condemnation, or other Determination of any Prize, Ship f^r- be ,w, d ' or Veffel, Goods or Merchandizes, taken as aforefaid, and for leffening of the Expences that have been ufual in the like Cafes, Be it further enaited by the Authority aforefaid, That the Judge or Judges of fuch Court of Admiralty, or other Perfon or Perfons thereto authorized, Ihall, within the Space of five Days after Requeft to him or them for that Purpofe made, finifh the ufual preparatory Examination of the Perfons commonly examined in fuch Cafes, in order to prove the Capture to be lawful Prize, or t» 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 fhall be executed in the ufual Manner by the Perfon or Perfons 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 entered 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 fuf- ficient Security (to be approved by fuch Court of Admiralty) to pay double Cofts to the Captor or Cap- tors of fuch Ship, Veffel or Goods, in cafe the fame fo claimed fhall be adjudged lawful Prize, that then the Judge or Judges of fuch Court of Admiralty fhall, upon produci ^g to him or them the faid Exami- nations or Copies thereof, and upon producing to him or them upon Oath ah Papers and Writings which fhall have be:n found taken in or with fuch Capture, or upon Oath made that no fu?h 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 (hall appear to •him or them, upon Perufal of fuch preparatory Examinations, and alfo of the Writings found taken in 4 or lor Condemna- tion.
 * vers Ships and Veflels belonging to Britijb Subjects have been feized and confifcated, the Sapors have
 * been injurioufly imprifoned, and barbaruufly treated, and the Britijb Colours have been iufulted in
 * King of Spain, his VaiTals and Subjects, to revenge the Injuries, and obtain ample Satisfaction forth©
 * Wrongs done to his Subjects :" Now for the better carrying on the faid War with Vigour, and for the