Page:Ruffhead - The Statutes at Large - vol 6.djvu/638

 572 C. 34. Anno decimo feptimo Georgli II. A. D. 1744, their being taken as Prize, funk, burnt or otherwife deftroyed, before the Mayor, or other chief Ma- gistrate of the Fort, within any of his Majefty's Dominions, whereunto any Prize or Officers, or Men of fuch Ships as were funk, burnt, or otherwife deftroyed, (hall be brought; or before the Britijh Conful, or Vice Conful, refiding at any neutral Port, to which fuch Prize, or Officers or Men, {hall be brought; which Oaths the faid Mayor, or other chief Magistrate of any fuch Port, or Conful, or Vice Conful, are hereby impowered and required to adminifter, and {hall forthwith grant a Certificate thereof, without Fee or Reward, directed to the Commiffioners of the Navy; upon producing which Certificate to the Commiffioners of his Majefty's Navy, together with an authentick Copy of the Condemnation of fuch Ship fo taken, or if fuch Ship be funk, burnt, or otherwife deftroyed, on producing only a Certificate from the Mayor or other chief Magiitrate, or Conluf, or Vice Conful, as aforefaid, the faid Commif- fioners of his Majefty's Navy, or fuch Perfon or Perfons as they {hall appoint for that Purpofef fhall, ac- cording 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 Officers, Seamen, Ma- rines and Soldiers on Board his Majefty's Ships of War, in Manner, Form, and Proportion, .as by his Majefty's Proclamation to be iiTued for that Purpofe fhall be directed and appointed, and among!! the Owners Officers, and-Seamen of any private Veifel, or Ship of War, in fuch Manner and Proportion, as by any Agreement in Writing they {hall have entered into for that Purpofe, fhall be directed. Captors to ap- ' XIX. And be it further enacted by the Authority aforefaid, That the Bill or Bills to be made out for point Agents to the Bounty hereby granted to the Commanders, Officers, Seamen, Marines, Soldiers, and others of his lecefaetheBbun- Majefty's Ships of War, for taking, finking, burning, or otherwfe deftroying any Ships of War, or Pri- ty money. va teers belonging to any of his Majefty's Enemies, lhall be made payable ro iuch Perfon or Perfcns as fhall be authorized and appointed by the Commander, and by the Majority of the Officers, and the ma- jor Part of fuch Ships Company, and others, as fhall have taken, funk, burnt, or otherwife deftroyed the "fame to be distributed and divided by the laid Perfon or Perfons fo authorized and appointed amongft the Prize-money not Captors, in fuch Manner, Form, and Proportion as aforefaid; the feveral Shares of which Captors, if demanded in nt ] eo - a lly demanded within three Years after publick. Notification, and alfo of fuch as fhall run from his three Years, to ]y[ a j e /f y ' s Service, fhall be applied to the Ufe of Greenwich Hofpital; and that the Bill or Bills to be made I? f to . G . reemv,ch out f or the Bounty hereby granted to Privateers, for taking, burning, finking, or otherwife deftroying P ' .any Ships of War, or Privateers belonging 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 Sea-i men of fuch Privateer or Privateers, who {hall have taken, funk, burnt, or otherwife deftroyed the fame, or the major Part of them, to be divided in fuch Manner and Proportion as {hall have been agreed by them as aforefaid. _ > Goods of Britifli XX. Provided always, and be it enacted, That if any bhip, Veiiel, or boat taken as Prize, or any Subjects retaken Goods therein fhall appear, and be proved in the Court of Admiralty to have belonged to any of his Ma his Majefty's Enemies, and at any Time afterwards again furpnzed and retaken from his Majefty mies by any of his Majefty's Ships of War; or any private Man of War, or other Ship, VelTel, or Boat under his Majefty's Protection and Obedience; that then fuch Ships, VelTels, Boats and Goods, and every fuch Part and Parts thereof as aforefaid, formerly belonging to fuch his Majefty's Subjects, fhall in all Cafes be adjudged to be reftored, and fhall be by Decree of the faid Court of Admiralty accordingly re- ' Stored to fuch former Owner or Owners, or Proprietors, he or they paying for and in lieu of Salvage, if retaken from the Enemy by one of his Majefty's Ships of War, an eighth Part of the true-Value of the Ships VelTels, Boats, and Goods refpecTively fo to be reftored; which Salvage fhall be anfwered and paid t'o the Captains, Officers, and Seamen in the faid Man of War, to be divided in fuch Manner, as before in this Aft is directed, touching the Share of Prizes belonging to the Flag Officers, Captains, ' Officers, Seamen. Marines, and Soldiers, where Prizes are taken by any of his Majefty's Ships of War; and if taken by a Privateer or other Ship, VelTel, or Boat, before it has been in the Poffeffion of the Enemy twenty-four Hours, an eighth Part of the true Value of the faid Ships, VelTels, Boats, and Goods; and if it has been in the Poffeffion of the Enemy above twenty-four Hours, and under forty-eight Hours, a fifth Part thereof; and if above forty-eight Hours, and under ninety-fix Hours, a third Part thereof; and if above ninety-fix Hours, a Moiety thereof; all which Payments to be made to any Privateer or! other Ship, VelTel, or Boat, lhall be without any Deductions; and if fuch Ship fo re-taken by any of his jMajefty's Ships of War, or by any private Man of War, fhall appear to have been after the taking by the Enemy by them fet forth as a Man of War, the former "Owners and Proprietors to whom the fame j ' lhall be reftored Shall be adjudged to pay, and fhall pay for Salvage, the full Moiety of the true Value of the faid Ship fo taken and reftored, without Deduction as aforefaid; any Law, Cuftom, or Ufage to the contrary notwithstanding. ,,,... • r '■- > -j'- W «."■ r cu- -tr -i .". on XX" 1. And be it fuitfier enacted by the Authority aforefaid, 1 hat in cafe any bhip or Veifel, or any ShfpVt'Sen™!* Goods'or Merchandizes fhall be taken by any Privateer, through Confent, or clandestinely, or by Col- Couufion. lufion or Connivance, fuch Ship and VelTel, and iuch Goods and Merchandizes^ and alio the Ships Tackle Furniture, Apparel, and Ammunition of fuch Privateer, lhall, upon Proof thereof to be madeJ in his MajeSty's Court of Exchequer, or in the Court of Admiralty,, be declared and adjudged to be good.' Prize to his Majefty, and one Moiety thereof- lhall be to the Ufe of his Majefty, his Heirs and Succeiibrs, and the other Moiety to the Ufe of fuch Perfon who fhall difcover and fue for. the fame, and the Bond 'given by the Captain of fuch Privateer fhall be and is hereby adjudged to be forfeited to his Majefty; and in cafe any fuch Ship or VelTel, or any Goods or Merchandizes as aforeSaid, Shall be taken by any 3 Mat