Page:Ruffhead - The Statutes at Large - vol 6.djvu/447

 A. D. I74°- Anno decimo tertio Georgii II. C. 4. 381 jjr with fuch Capture, if any fuch Writing fhail be found ; and in cafe fuch Claim (hall be duly entrcd or stiade, and Security given thereupon, according to the Tenor and true Meaning of this Act, and there hall appear no Occalion to examine any WitnclTes, other than what (hall be then near to fuch Court of Admiralty, that then fuch Judge or Judges (hall forthwith caufe fuch WitnelTcs to be examined, and within the Space of ten Days after fuch Claim made and Security given, proceed to fuch Sentence as liforeiaid, touching fuch Capture ; but in cafe upon making or entring fuch Claim and the Allegation and Oath thereupon, or the producing fucli Writings as (hall have been found taken in or with fuch Cap- ure, or upon the faid preparatory Examinations, it fhall appear doubtful to the Judge or Judges of fuch Jourt of Admiralty, whether fuch Capture be lawful Prize or not ; and it (hall appear nccefTary accord- ing to the Circumftances of the Cafe, for the clearing and determining fuch Doubt, to have an Examina- tion of Witneffes that are remote from fuch Court of Admiralty, and fuch Examination (hall be defired, ind that it be ftill infilled on Behalf of the Captors that the faid Capture is lawful Prize, and that the,
 * oiitrary be ftill perfifted in on the Claimants Behalf; that then the faid Judge or Judges (hall forthwith

.aufe fuch Capture to be appraifed by Perfons named on the Part of the Captor, and fworn truly to ippraife the fame according to the beft of their Skill and Knowledge ; for which Purpofe the faid Judge ,r Judges (hall caufe the Goo'ds found on Board to be unladen, and put into proper Warehoufes, with eparate Locks of th; Collector and Comptroller of the Cuftoms, and where there is no Comptroller, it the naval Officer, and the Agents or Perfons employed by the Captors and Claimants at the Charge jf Fourteen Days after the making of fuch Claim, proceed to take good and fufficient Security from the Jlaimants to pay the Captors the full Value thereof, according to (uch Appraifement, in cale the fame F'rtber Dirw- hall be adjudged lawful Prize; and after fuch Security duly given, the faid Judge or Judges fhall ','-">„!' '2!'* -1. nake an interlocutory Order, for releafing or delivering the fame to fuch Claimant or Claimants, or his ^6. or ther Agents, and the fame (hall be actually releafed or delivered accordingly. IV. And it is further enacted by the Authority aforefaid, That if any Claimant or Claimants fhall re- bfe to give fuch Security, the Judge or Judges (hall caufe the Captor or Captors in like Manner to give pod and fufficient Security, to be approved of by the Claimant or Claimants, to pay the faid Claim- nt or Claimants the full Value thereof according to the Appraifement, in cafe any fuch Capture or Captures fhall be adjudged not to be lawful Prize; and the faid Judge or Judges (hall thereupon proceed to nake an interlocutory Order, for the releafing and delivering of the fame to the faid Captor or Captors, >r their Agents. V. And it is further enacted by the Authority aforefaid, That all fuch Captures as aforefaid, whicln lall be brought into any of his Majefty's Colonies or Plantations in America, (hall without breaking iulk ftay there, and be under the joint Care and Cuftody of the Collector and Comptroller of the Cuftoms, or where there is no Comptroller, of the naval Officer of the Port or Place where the fame nail be brought j and all the Captors thereof, and their Agents, until either the fame fhall by final Sen- mce have been either cleared and difcharged, or adjudged and condemned as lawful Prize ; or that fuch aterlocutory Orders, as aforefaid, fhall have been made for the releafing or delivering of the fame ; and pon the Condemnation or Adjudication thereof as lawful Prize, fhall in cafe the fame were taken by ny fuch private Ship or Ships commiffioned as aforefaid, be immediately delivered unto the Captors hereof, and their Agents, to be by them difpofed of as their Goods and Chatties ; and in cafe the fame ,vere taken by any of his Majefty's Ships of War, unto fuch Perfon or Perfons, and to be lb divided nd difpofed of, as his Ma jetty, his Heirs and Succeflbrs, fhall by Proclamation for that Purpofe order' !nd direct. 1 VI. And be it further enacted by the Authority aforefaid, That if any Judge or Judges, or other Penalty on )fficer or Officers, in any of his Majefty's Plantations or Dominions abroad, to whom reflectively it J" j^j* re 6 |e£ * hall appertain, (hall delay the doing, performing, making, or pronouncing any of the feveral Pro- eedings, Matters, or Things for, towards, or relating to condemning or difcharging, releafing or de- .vering of any fuch Capture, in Manner aforefaid, within the refpective Times herein before limited, >r as foon as the fame or any of them ought to be done, according to the Tenor and true Meaning of his Act, 2II and every fuch Judge and Judges, and other Officer and Officers, fhall for every fuch Offence forfeit the Sum of five hundred Pounds ; one Moiety thereof to his Majefty, his Heirs and ucceffors, the other Moiety thereof, with full Cofts of Suit, to fuch Perfon or Perfons who (hall in- e-rm or fue for the fame, in any of the Courts in or for any of his Majefty's faid Colonies or Planta- ions, or in any of his Majefty's Courts of Record within his Kingdom of Great Britain. VII. And it is hereby further enacted by the Authority aforefaid, That there (hall not be paid unto or wii.it (h.iii b= mong all the Judges and Officers of fuch Court of Admiralty in any of .his Majefty's Plantations or paid in the Dominions abroad, for, towards, or relating to the adjudging or condemning of fuch Capture as afore- ^"ahvAbftad aid, as lawful Prize, above the Sum of ten Pounds, in cafe fuch Prize Ship or VeQel be under the foru -ying ami * burthen of one hundred Tons;, nor above the Sum of fifteen Pounds, in cafe the fame be of that or condtmnUig ny greater Burthen ; and that uppn Payment of either of the faid refpective Sums, as the Cafe (hall re- Frizes ' r they (hall think fit, among the Officers of fuch Court, fuch Judges and Officers, and every of them, hall be liable to all and every the feveral Penalties hereby impofed, for neglecting or delaying to do and ■erform their feveral and refpective Duties or Offiees in and relating to the feveral Proceedings aforefaid, vithin the refpective Times herein for that Purpofe limited. .VIII. Provided neverthelefs, and it is hereby further enacted by the Authority aforefaid. That if Appeal to Oct ny Captor or Captors, Claimant or Claimants, fhall not reft fatisfied with the Sentence given in fuch r;llliic, " ;i1 -ourtof Admiralty in any of his Majefty's Plantations or Dominions abroad, it fhall and may be law- ful iTf
 * f the Pariy or Parties defiring the fame, and (hall after fuch Appraifement made, and within the Space
 * uire, to the fcid Judge or Judges, or any of them, to be by him or them difpofed or divided, as he