Page:Ruffhead - The Statutes at Large - vol 6.djvu/448

 3 B ii C. 4^ Anno decimo tertio Georgii II. A. D. 1740. ful for the Party or Parties thereby aggrieved, to appeal from the faid Court of Admiralty to the Com- mifTioncrs appointed or to be appointed under the Great Seal of Great Britain, for receiving, hearing and determining Appeals in Caufes of Prizes; fuch Appeal to be allowed in the like Manner as Appeal' to fuch Commiflioners are now allowed from the Court of Admiralty within this Kingdom-, fo as the fame be made within fourteen Days after Sentence, and a good Security be likewife given by the Appel- lant or Appellants, that he or they will effectually profecute fuch Appeal, and anfwer the Condemna- tion, as alfo pay Treble Cofts, as ihall be awarded, in cafe the Sentence of fuch Court of Admiralty be alKrmcd; any thing in this Act before to the contrary hereof in any wife notwithltanding. Provided al- ways, That the Execution of any Sentence fo appe;led from as aforefaid (ball not be fufpended be reafon. of fuch Appeal, in cafe the Party or Parties appellate (hall give fufficient Security, to be approved cf by the Court in which fuch Sentence (hall be given, to reftore the Ship, Veffel, Goods, or Effects, con- cerning which fuch Sentence (hall be pronounced, or the full Value thereof, to the Appellant or Appel- lants, in cafe the Senter.ce fo appealed from (hall be reverfed. To forfeit rre- IX. And be it further enacted by the Authority aforefaid, That if any Commander or Commanders v''r ^'u f °' Officer or Officers, Seamen, Marines, Soldiers, or others, (hall break Bu:k on Board, or e:i,bezil any bezfled°oB Board °f the Money, Jewels, Plate, Goods, Merchandize, Tackle, Furniture, or Apparel of or belonging any 1'rizes. to fuch Prize or Prizes fo taken, fuch Commander, Officer, Seaman, Marine, Soldier, or others, (hall forfeit Treble the Value of all fuch Money, Jewels, Plate, Goods, Merchandize, Tackle, Furniture or Appaiel, as he or they (hall embezil; one third Part thereof to be to the Ufe of Greenwich Ho/pita/] and the other two third Parts thereof to him or them that will fue for the fame, by Action of Debt* Plaint, or Information, in any Court of Record in-Great Britain, in which no Effoin, Protection, or Wager of Law, or more than one Imparlance (hall be allowed. Agents for Sale X. And be it further enacted by the Authority aforefaid, That all Appraifements and Sales of any .tobe' 7 " '' OW l Ship or Ships, Goods, Wares, or Merchandizes, as (hall be taken by any of his Majefby's Ships of e^ppomec. ^,y ar ^ (hall be made by Agents, or Perfons nominated and appointed in equal Numbers by the Com- mander, Officer, or Ship's Company, and others intitled thereunto (that is to fay) That if the Com- mander or Commanders of fuch Ship or Ships, as (hall take any fuch Prize or Prizes, (hall nominate and appoint one or ^rnore Perfon or Perfons, Agent or Agents, to fell or appraife the fame as aforefaid, then the Officers intitled thereunto, or the Majority of them, (hall nominate and appoint the like Num- ber of Perfons or Agents to act for them, and the Ship's Company and others, or the major Part of them, (hall alfo nominate and appoint the fame Number of Perfons or Agents to act on their Behalf in fuch Appraifement .or Sale; provided that nothing herein contained (hall extend or be conftrued to alter or make void any Agreement or Agreements made or to be made in Writing between the Owners, Of- ficers, and Seamen of any private Ships or VeiTels of War. Public* Notice XI. And be it further enacted by the Authority aforefaid, That after the Sale or Saks of fuch Prize or 'h b A E ' ve " by c Prizes, as (hall be taken from the Enemy by any of his Majefty's Ships of War, publick Notification theDa E y ap- ° ma ^ be given by the Perfons or Agents appointed as aforefaid, of the Day appointed for the Payment ot pointed to pay the feveral Shares to the Captcrs aforefaid; after which publick Notification if any Mers Shares (hail re- the Captors main in the Hands of the Perfons or Agents appointed as aforefaid, and (hall not be legally demanded sharesnot dc- w.thin three Years, then fuch Share or Shares fo remaining in the Perfons or Agents Hrnds (hail go and manded in 3 be paid to the Ufe of Greenwich Hofpital. Years, to »o^ to Xll. Provided always, and be it declared and enacted by the Authority aforefaid, That nothing here- pitaf. n in contained (hall extend, or be conftrued to extend, to exempt any Ships, Goods, Wares, or Mer- Provifo. chandizes, which (hall be taken as Prize, and brought or imported into this Kingdom, or any of his Majefty's Plantations in America, from the Payment of any Cuftoms or Duties, or from 1 eing lub- ject to fuch Reftrictic ns and Regulations, to which the fame now are or (hall hereafter be liable by vir- ture of the Laws and Statutes ot this Realm. -Charters, &c XIII. And for the encouraging his Majefty's Subjects to engage in joint snd united as well as fepaiate to be granted to Expences, Expeditions and Adventures, Be it further enacted by the Authority aforefaid, That his rVia- Adventurers. jefty be, and he, and his Heirs and Succeffors are hereby impowered, from time to time during the Continuance of the prefent or any future War, to grant or make any Charter, Com million, or Grant, Charters, Commiffions, or Grants, for the better or more effectual enabling any Society or Sociuies, or particular Perfons, to join in any Expeditions or Adventures by Sea or Land, and to (ail to and in any of the Seas in America, for the attacking, furprizing, taking, or deftroying any Ships, Goods, Move- ables and Immoveables, Settlements, Factories, Creeks, Harbours, Places of Strength, Lands, Forts, Caftles, and Fortifications, now belonging, or hereafter to belong to, or to be poffeffed by any Enemy ' of his Majefty, his Heirs or Succeffors, in any Part or Parts of America; and for the better making and carrying on any Preparations for fuch Purpofe and Purpofes, and for the making rnd affur'ng to the So- cieties and Perfons which may be concerned, their Heirs, Succeffors, Executors, Adminiftrators and Affigns, full and undoubted Properties, Rights and Titles, of, in, and to, and the ft. 11 Enjoyment ot all and every the Ships, Ammunition, Stores of War, Goods, Chattels, Moveables and Immoveables, Settlements, Factories, Places of Strength or Security, Lands, Forts, Caftles or Fortifications, now belonging to, or poffeffed by, or hereafter to belong to, or to be poffeffed by any Enemy of his Majefty, his Heirs or Succeffors, in any of the Parts of America, which fuch Society or Pc.fons Ihall take, or caufe to be taken from any fuch Enemy, together with all the Proceed, Profits and Advantages, which may accrue of or by fame, or any of them, with and under fuch Regulations, and in fuch Manner and Form as his Majefty, his Heirs and Succeffors (hall think fit; and at any time and tiin.s afterwards, by any further Grants or Charters, to confirm, corroborate, and further allure the Premiffts, and every or any of them, to the faid Societies or Perfons concerned, their and every of their Heirs, Succeffors, Executors,