Page:Ruffhead - The Statutes at Large - vol 6.djvu/635

 A. D. 1744: Anno decimo feptimo Guorgh II. C. 34. 569 any Sea, Creek, Haven or River, and that fuch Ship or Ships, Veffel or Veffeb, Arm:, Ammunition, Stores of War, Goods and Merchandize? whatfoevcr, 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 Commiflion and Commillions (being firft adjudged lawful Prize in any of' hh Majelly's Courts of Admiralty as aforefaid) fhall wholly and intirely belong to, and be divided between and among the Owner and Owners of fuch Privateers Com- Ship or Veffel, and the feveral Perfons which fhall be on board the fame, and be aiding and afllfting to R ,n jL t f "jj^ the taking thereof, in fuch Shares and Proportions as fhall be agreed on with the Owner or Owners O' p,rtM »ccor Jing fuch Ship or Veffel as fhall be the Captor thereof, their Agents or Factors, as the proper Goods and t o their Contuft Chattels of fuch Owner or Owners, and the Perfons that fhall be thus entitled thcicto by virtue of fuch with ibe Owo- Agreements among thcmfelycs ; and that neither his Majefty, his Heirs or Succcubrs, or any Admiral, ««• Vice Admiral, Governor or other Perfon coinmiffioned by or claiming under his Maji'ly, his Heirs or Succi-ffors, or any Perfon or Perfons whatfoevcr, other than the Owner or Owners of fuch Ship or Vef- fel, being the Captor of fuch Prize, Ship or Veffel, Arms, Ammunition, Stores of War, Goods and Merchandizes, and the Perfons claiming under him or them, fhall be intitled to any Part or Share thereof (except as to the Cuftoms and Duties hereafter mentioned) ; any Cuftom, Statute or other Law to the contrary notwithstanding. " III. And for the more fpcedy proceeding to Condemnation or other Determination of any Prize Ship Method of ceo* or Veffel, Goods or Merchandizes taken as aforefaid, and for leffening of the Expenccs that have been J, 1 ™™" 5 ufual in the like Cafes; Be it further enacted 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 Requeft to him or them for that Purpofe made, fmifh the ufual preparatory Examination of the Perfons commonly 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 iiTued 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 fufficient Security (to be approved by fuch Court of Admiralty) to pay double Coils to the Captor or Captors 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 producing to him or them the faid Examinations, or Copies thereof, and upon producing to him or them upon Oath, all Papers and Wri- tings which fhall have been found, taken in or with fuch Capture, or upon Oath made that no fuch Pa- pers 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 alfo of the Writings found, taken in or with fuch Capture, if any fuch Writing fhall be found ; and in cafe fuch Claim fhall be duly entered or made, and Security given thereupon, according to the Tenor and true Meaning of this Aft, and there fhall appear no Occafion to examine any Witneffes, other that what fhall be then near to fuch Court. of Admiralty; that then fuch Judge or Judges fhall forthwith caufe fuch Witneffes to be exa- mined within the Space of. ten Days after fuch Claim made, and Security given, and proceed to fuch Sentence as aforefaid touching fuch Capture; but in cafe upon making or entering fuch Claim, and the Allegation and Oath thereupon, or the producing fuch Writings as fhall have been found, taken in or with fuch. Capture, or upon the faid preparatory Examinations, it fhall appear doubtful to the Judge op Judges of fuch Court of Admiralty, whether fuch Capture 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 upon Pleadings given in by the Parties, and admitted by the Judge, of Witneffes that are remote from fuch Court of Admiralty, and fuch Examination fhall be defired, and that it be {till infifted on, on Behalf of the Captors, 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 appraifed by Perfons to be named by the Parties, and appointed by the Court, and fworn truly to appraife the fame according to the beft of their Skill and Knowledge, for which Purpofe the faid Judge or Judges fhall caufe the Goods found on Board to be unladen, and an Inventory thereof be- ing firft taken by the Marfhal of the Admiralty or his Deputy, fhall caufe them to be put into proper Vv arehoufes, with feparate Locks of the Collector and Comptroller of the Cuftoms, and where there is no Comptroller, of the Naval Officer, and the Agents or Perfons employed by the Captors and Claimants' at the Charge of the Party or Parties defiring the fame, 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 the Captors the full Value thereof according to fuch Appraifement, in cafe the fame fhall be adjudged lawful Prize ; and fhall alfo proceed to take good and fufficient Security from the Captors to pay fuch Cofts as the Court fhall think proper, in cafe fuch Ship (hall not be con- demned as lawful Prize; and after fuch Securities duly given, the faid Judge or. Judges fhall make an In- terlocutory Order for 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. IV. And it is further enacted by the Authority aforefaid, That if any Claimant or Claimants fhall re- if the Clamant.