Page:Ruffhead - The Statutes at Large - vol 6.djvu/636

 570 C. 34. Anno d'ecimo feptimo Georgii II. A. D. 1744. fhall be adjudged not to be lawful Prize; and the faid Judge or Judges fhall thereupon proceed to make an Interlocutory Order for the r-eleaiing and delivering the fame to the faid Captor or Captors their Agents. Method of pro- V. Ai o-eding with be brouj tTlzes came itiiy thert ajjw u^ Uiiu<-| mi. j^tiii vai>- auu ^uitvjuy «ji lu* v/untwyi unu ^uui|.m ujiei or American iC»- where tner e is no Comptroller, of the Naval Officer of the Port or Place where the fame fhall be brought luoies."" °" ar| d a ^ the Captors thereof and their Agents, fubjeft to the Directions of the Court of Admiralty, until either the fame fhall, by final Sentence, have been either cleared and difcharged, or adjudged and con- demned as lawful Prize, or that fuch Interlocutory Order as aforefaid, Avail have been made for the re- leafing or delivering of the fame; and upon the Condemnation or Adjudication thereof as lawful Prize" ihall in cafe the fame were taken by any fuch private Ship or Ships commiffioned as aforefaid, be imme- diately delivered unto the Captors thereof, and their Agents, to be by them difpofed of as their Good" and Chattels; and in cafe the fame were taken by any of his Majefty's Ships of War, unto fuch Perfon or Perfons, and to be fo divided and difpofed of, as his Majefty has, by his faid Declaration, ordered and directed, or as his Majefty, his Heirs and Succeffors fhall, by Proclamation or Proclamations hereafter to be ilfued for that Purpofe, order and dire£t. Penalty on.any VI. And be it further enacted by the Authority aforefaid, That if any Judge or Judges, or other OrE- Judges abroad C er or Officers in any of his Majefty's Plantations or Dominions Abroad, to whom refpectively it fhall apl delaying Trial, pertain, fhall delay the doing, performing, making or pronouncing any of the feveral Proceedings, Mat- ters or Things, for, towards or relating to condemning or difcharging, releafmg or delivering of any fuch Capture in Manner aforefaid, within the refpe£tive Times herein before limited, or as foon as the fame or any of them, ought to be done, according to the Tenor and true Meaning of this AcT:; all 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 Succeffors, the other Moiety thereof with full Cofts of Suit, to fuch Perfon or Perfons who fhall inform or fue for the fame, in any of the Courts in or for any of his Majefty's faid Colonies or Plantations, or in any of his Majefty's Courts of Record within his Kingdom of Great Britain. What (hall be VII. And it is hereby further enacted by the Authority aforefaid, That there fhall not be paid unto paid in the Courts or among all the Judges and Officers of fuch Court of Admiralty in any of his Majefty's Plantations or of Admiralty Dominions Abroad, for, towards or relating to the adjudging or condemning of fuch Capture as aforefaid Abroad, for try- as t aw f u i p r i ze, above the Sum often Pounds, in cafe fuch Prize, Ship or Veffel be under the Burthen oiagPrizes" tm ' of one hundred Tons, nor above the Sum of fifteen Pounds, in cafe the fame be of that or any greater Burthen; and that upon Payment of either of the faid refpective Sums, as the Cafe fhall require, to the faid Judge or Judges, or any of them, to be by him or them difpofed or divided, as he or they fhall think fit, among the Officers of fuch Court; fuch Judges and Officers, and every of them, fhall be liable to all and every the feveral Penalties hereby impofed for neglecting or delaying to do and perform their feve- ral and refpective Duties or Offices, in and relating to the feveral Proceedings aforefaid, within the re- fpeftive Times herein for that Purpofe limited. Appeal to Com- VIII. Provided neverthelefs, and it is hereby further enacted by the Authority aforefaid, That if any miffioners. " Captor or Captors, Claimant or Claimants >_fhall not reft fatisfied with the Sentence given in fuch Court of Admiralty in any of his Majefty's Plantations or Dominions Abroad, it fhall and may be lawful for the Party or Parties thereby aggreived, to appeal from the faid Court of Admiralty to the Commiffioners appointed or to be appointed under the Great Seal of Great Britain, for receiving, hearing and determin- ing Appeals in Caufes of Prizes; fuch Appeal to be allowed in the like Manner as Appeals to fuch Com- miffioners are now allowed from the Court of Admiralty within this Kingdom, fo as the fame be made within fourteen Days after Sentence, and good Security be likewife given by the Appellant or Appellants that he or they will effectually profecute fuch Appeal, and anfwer the Condemnation, and alfo pay treble Cofts, as fhall be awarded, in cafe the Sentence of fuch Court of Admiralty be affirmed; any thing in this Act before to the contrary hereof in any wife notwithftanding. Appellant to give IX.. Provided always, That the Execution of any Sentence fo appealed from as aforefaid, fhall not be fuf- Sewicy. pended by reafon of fuch Appeal, in cafe the Party or Parties appellate fhall give fufficient Security, to be approved of by the Court in which fuch Sentence fhall be given, to reftore the Ship, Veffel, Goods or Effects, concerning which fuch Sentence fhall be pronounced, or the full Value thereof, to the Appel- lant or Appellants, in cafe the Sentence fo appealed from fhall be reverfed. X. And be it enacted, That in cafe any Perfon who was not a Party in the firft Inftance of the Caufe fhall interpofe an Appeal from a Sentence given in any Admiralty Court, fuch Perfon, or his or her Agent, fhall at the fame Time, enter his or her Claim, otherwife fuch Appeal fhall be null and void. T f f'tt W -ffi' ^ n ^ be it further enacted by the Authority aforefaid, That if any Commander or Commanders, the Value im ' Officer or Officers, Seamen, Marines, Soldiers or others, fhall break Bulk on board, or imbezil any of Goods imbeailed the Money, Jewels, Plate, Goods, Merchandize, Tackle, furniture or Apparel of or belonging to fuch on bo*id any Prize or Prizes fo taken; fuch Commander, Officer, Seaman, Marine, Soldier or others, ihall forfeit Vuzes. treble the Value of all fuch Money, Jewels, Plate, Goods, Merchandize, Tackle, Furniture or Appa- rel, as he or they fhall imbezil; one third Part thereof to be to. the Ufe of Greenwich Hofpital, and the other two third Parts thereof, to him or them that will fue for the fame, by Action of Debt, Plaint or In- formation, in any Court of Record in Great Britaui x in which bo EiFoin, Protection or Wager of Law, •or snore than one imparlance fhall be allowed. 231, A^d