Page:Ruffhead - The Statutes at Large - vol 6.djvu/449

 A. D. 1740. Anno decuno tertio Georgii II. C. 4. 383 Executors, Adminiftrators or Afiigns, io as to enable them, and every of them, to have, hold and en- joy the full Benefit thereof according to the true Intent and Meaning of this Act; any Law, Statute, J'rovifion, or Declaration to the contrary in any wife notwithstanding. XIV. Provided always, That nothing fhall be contained in any Charter, Commiffion, or Grant, p ovir made in purfuance of this Act, to exclude or rcftrain any of his Majefty's Subjects from having a full ' and free Trade to and in any Part of America. XV. And as a further Encouragement to the Officers, Seamen, Marines, Soldiers, and others on board his Majefty's Ships of War, as alfo of Privateers, to attack, take and deftroy any Ships of Force belonging to the Enemy ; lie it enacted by the Authority aforefaid, Tint there fhall be paid by the Trea- Bounty-money furer of his Majefty's Navy, upon Bills to be made forth by the. Commiffioners of the Navy, to be paid '"!"-' P aidfor according to the Courfe thereof without Fee or Reward, unto the Officers, Seamen, Marines, Soldiers flroying'die'" or others, that fhall have been actually on board fuel) of his Majefty's Ship or Ships of War, or Priva- Enemiw Ships. tecr or Privateers, in any Action where any Ship or Ships of War, or Privateers, (hall have been taken from the Enemy, funk, burnt, or otherwife deftroyed, five Pounds for every Man which was living on board any Ship or Ships fo taken, funk, burnt, or otherwife deftroyed, at the Beginning of the En- gagement between them; the Numbers of fuch Men to be proved by the Oaths of three or more of the Chief Officers, or Men, which were belonging to the faid Ship or Ships of War, or Privateers of the Enemy, at the Time of her or their being taken as Prize, funk, burnt or otherwife deftroyed, be- fore the Mayor, or other Chief Magiftrate of the Port, whereunto any Prize, or Officers, or Men of 1 fuch Ships, as were funk, burnt or otherwife deftroyed, fhall be brought; which Oaths the faid Mayor, or other Chief Magiftrate of any fuch Port, is hereby impovvered and required to adminifter, and (hall forthwith grant a Certificate thereof, without Fee or Reward, directed to the Commiffior.crs of the Na- 1 vy ; upon producing which Certificate to the Commiffioners of his Majefty's Navy, together with an j authentick Copy of the Condemnation of fuch hhip fo taken, or if fuch Ship be funk, burnt or other- j wife deftroyed, on producing only a Certifi:ate from the Mayor, or other Chief Magiftrate as aforefaid, the faid Commiffioners of His Majefty's Navy, or fuch Perl'on or Perfons as they (hall appoint for that - Pnrpofo, fhall, according to the Courfe of the Navy, within fifteen Days make out Bills for the Amount of fuch Bounty, directed to the Treafurer of the Navy, payable to, and to be divided amongft the Of- ficers, Seamen, Marines and Soldiers on board his Majefty's Ships of War, in Manner, P'orm and Pro- portion, as by his Majefty's Proclamation to be iffued for that Purpofe (hall be directed and appointed ; 1 and amongft the Owners, Officers and Seamen of any private Veflel, or Ship of War, in fuch Manner and Proportion, as by any Agreement in Writing they (hall have entred into for that Purpofe, (hall be
 * directed.

XVI. And be it further enacted by the Authority aforefaid, That the Bill or Bills to be made out for Captors toap- the Bounty hereby granted to the C mmanders, Officers, Seamen, Marines, Soldiers, and others of P ' 1 ^ Agents to his Majefty's Ships of War, for taking, finking, burning or otherwife deftroying any Ships of War, or Bounu-monev Privateers, belonging to any of his Majefty's Enemies, (hall be made payable to fuch Perfon or Per- ' ° fons as (hall be authorized and appointed by the Commander, and by the Majority of the Officers, and the major Part of fuch Ship's Company, and others, as (hall have taken, funk, burnt or otherwife de- ftroyed the fame, to be diftributed and divided by the fvtid Perfon or Perfons fo authorized and appoint- ed, amongft the Captors, in fuch Manner, Form and Proportion as aforefaid ; the feveral Shares of which Captors if not legally demanded within three Years after publick Notification, fhall be applied to the Ufe of Greenwich Hofpital; and that the Bill or Bills to be made out for the Bounty hereby granted to Privateers, for taking, finking, burning or otherwife deftroying any Ships of War or Privateers be- longing to any of his Majefty's Enemies, (hall be made payable to fuch Perfon or Perfons as fhall be nominated and appointed by the Owner or Owners, Officers and Seamen of fuch Privateer or Priva- teers, who (hall have taken, funk, burnt or otherwile deftroyed the fame, or the major Part of them, to be divided in fuch Manner and Proportion as fhall have been agreed by them as aforefaid. XVII. Provided neverthelefs, and be it further enacted by the Authority aforefaid, That nothing . Prizes of Gal- he :ein contained fhall extend, or be conftrued to extend, to oblige or authorize any Judge of any of toTeadjudged his Majefty's Courts of Admiralty in the Plantations _ or Colonies in America* or elfewhere out of Great in the American Britain, to adjudge or determine concerning the Validity of the Capture of any Ship or Ships, whether Courts _ of Ad- Men of War or Merchant Ships, commonly called Flota Ships or Galleons, or any Ship having a Re- m ' ^al ' 3 '• Standing. § s- XVIII. Provided always, and be it enacted, That if any Ship, VefTel or Boat taken as Prize, or Goods of Bri- any Gords therein, fhall appear and be proved in the Court of Admiralty to be belonging to any of •'"> Suhjefisre his Majefty's Subjects of Great Britain or Ireland, or any of the Dominions and Territories remaining Enem^n"* 8 and continuing under his Majefty's Protection and Obedience, which were be!bre taken or furprized by be difpofed ofc •any of his Majefty's Enemies, and afterwards again furprized and retaken by any of his Majefty's Ships of War, or any private Man of War, or other Ship, Veffel or Boat, under his Majefty's Protection or Obedience ; that then fuch Ships, Veffels, Boats and Goods, and every fuch Part and Parts thereof as aforefaid, belonging to fuch his Majefty's Subjects, fhall be adjudged to be reftored, and (hall be. by Decree of the faid Court of Admiralty accordingly reftored to fuch former Owner or Owners or Pro- prietors, he or they paying for and in lieu of Salvage, if taken by one of his Majefty's Ships of War, an eighth Part of the true Value of the Ships, Veffels, Boats and Goods reflectively Fo to be reftored ; which 10