Page:Ruffhead - The Statutes at Large - vol 7.djvu/729

 A.D, 1756' Anno vicefmio nono Georgii IL C. 34. 709 '.one thouf^nd feven hundred and fifty-fe :' Now for the better carrying on the faid War with Vigour, and for' the Encouragement of the Officers and Seamen of his Majefty's Ships of War, and the Offi- cers and Seamen of all other BritiJIy Ships and Veffels, having CommiiTions and Letters of Marque, and for inducing all £;7/?yZ» Seamen, who may be in any foreign Service, to return into this Kingdom, and become ferviceable to his Majefty ; and for the more effecfual fecuring and extending the Trade of his Majefty's Subjedts ;, Be it enaded by the King's moft Excellent Majeily, by and with the Advice and Cpnfent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament alTembled, and, by the Authorhy of the fame, That the Flag Officers, Commanders and other Officers, Seamen, Marines and Soldiers, on Board every Ship and Vefielof War in his Majefty's Pay, fhall have the fole Prizes made by Intereft and Property of and in all and every Ship, Veflel, Goods and Merchandizes which they fhall the kings ships take, from and after the feventeenth Day of May in the Year of our Lord one thoufand feven hundred 'wee^'T'^c ''*' and fifty-fix, during the Continuance of this War againfl: France (being firft adjudged lawful Prize in t^rs,^" "^ ^^" any of his Majefty's Courts of Admiralty in Great Britai?j, or in his Majefty's Plantations in America or elfewhere) to be divided in fuch Proportions, and after iuch Manner, as his Majefty, his Heirs and j"omh-^M!'°-ft SuccefTors, fliall think fit;to order and direct by Proclamation or Pro9lamations hereafter to be iffued for fl'iTii' orderTy ^ thofe Purpofes. ' Proclamation. IL And be it further enac?tedby the Authority aforefaid. That the Lord High Admiral oi Great Bri- Admiralty to ifl tain, or the Commiffioners for execoting the Office of Lord High Admiral of Great Britain for the time fue Commimons being, or any three or more of them, or any Perfon or Perfons by him or them impowered and ap- '^^^e"''-^'^-^"%,. pointed, fliall, at the Requefi: of any Owner or Owners of any Ship or Veffel, giving fuch Bail aiid uVuai s«'cuiityr Security as have been ulually taken upon granting Commiffions, or Letters of Marque (except only for the Payment of the Tenths of the Value of Prizes which ftiall be taken to the Lord High Admi- Repcak.-l h ral, or Commiffioners fcr executing the Office of Lord High Admiral for the Time beingj caufe to be 3-'"°- ^- '• ~i' ifi"ued forth, in the ufual Manner, one or inore Commiffion or Commiffions to any Perfon or Perfons whom fuch Ov'ner or Owners Ihall nominate to be Commander; or in cafe of Death, fuccefiively. Commanders of fuch Ship or Vefiel, for the attacking, furprizing, feizing and taking, by and with fuch Ship or Vefl*el, or with the Crew thereof, any Place or Fortrefs upon the Land, or any Ship or Veflel, Goods, Ammunition, Arms, Stores of War or Merchandize belonging to, or poffeifred by, any of his Majefty's Enemies, in any Sea, Creek, Haven or River ; and that fuch Ship or Ships, Veflel or Vei2els, Arms, Ammunition, Stores of War, Goods and Merchandizes whatfoever, with all their Fur- niture, Tackle or Apparel fo to. be taken by or with fuch private Ovvner or Owners Ship or Vefiel, ac- Prizes to berfi- cordihg to fuch Commiffion and Commiffiohs (being firft adjudged lawful Prize in any p£ his Majelly's "''^'^^ accordmg- Courts of Admiralty, as aforefaid j :.(hall wholly and entirely belong tci and be divided between and {"veerTow'nerT ainong the Owner and Owners of fiich Ship or Vefiil, and the feveral Pei'fons which -iHall. be on Board and captore.- the fame, and be aiding and affifting to the taking thereof, in fuch Shares and Proportions as (hall be agreed on with the Owner or Owners of fuch Ship or Veflel as (hall be the Captor thereof, their Agents, or Factors, as, the, proper Goods and Chattels of fuch Owner or Owners, and the Perfons tlial fliall be thus entitled thereto, by virtue of fuch Agreements among themfelves ; and that neither his Majefty,. his, Heirs or' Succeflbrs, or any Admiral, Vice Admiral, Governor, or .otb.er Perfon eoin- miffioned by or claiming u;]ider his Majefty, his Heirs or Succefibrs, or any Perfon or Perfons what- foever, other than the Owner or Owners of fuch Ship or Veflel, being the Captor of fi:ch Prize,. Ship er VeiTel, Arms, Ammunition, Stores of War, Goods and Merchandizes, and the' Perfons ^claiming under him or them, fhall be entitled to any Part or Share thereof (except as to the Cuftoms and Du-- ties hereafter mentioned) any Cuftom, Statute or other Law to the contrary n-otwithftanding. in. And for the more fpeedy proceeding to Condemnation, or other Determination of any Prize^. Ship or Veffel, Goods or Merchandizes already taken, or hereafter to be taken as aforefaid, and- for lef- fening of the Expences that have been ufual in the like Cafes, Be it further enadfed bv- the Authority aforefaid. That, the Judge or judges of fuch Court of Admiralty, or other Perfon or perfons thereto judge to fifi-rfi- authorized, fhall, within the Space of .five Days after Requeft to hiih or. them for that Purpofc made, the pitparatory finifli the ufual preparatory Examination of the Perfons. commonly examined in fuch Cafes, in ofder'to wkh"refaea:"to'' prove the Capture to be lawful Prize, or to enquire whether the lame be lawful Prize or not ; and Captures, with- that the proper Monition ufual in fuch Cafes, (hall be iffued by the Perfon or Perfons proper to ifltie ^ft^eOays. the fame, and fl:iall be executed in the ufual Manner by the Perfon or Perfons proper to execute- th^e" Monition to be by fuch Court of Admiralty) to pay double' Cofts to the C/apt'or or .Ca.ptpfs 'pf fuch Shipj.yefTel. or umitld^jme, . G-)ods, in cafe the fame fo claimed (hall be .aiijudged lawful -Prize ; that ih.ir t'he Judge, or Judg.es of . •' fuch Court of Admiralty .ftiall, upon, p>-oducing to. him'.. or, them the'faid K»arni.itation« or Copigs ^yj^[,';'j;'^[^^^^^^ thereof, and upon producing to him or them, upon Oath, all Papers' and VVri'tines which fli'all, have been found, taken in or with ,fuch Capture';, or ypon Oath made that no- fuch Paper's or Writings', we're the-jyd^e^o, found, immediately,', a.r.d without further 'Delay', p^o'ceed '. to.' Sentence, 'either to'jdifchaj-ge,' and acquit pr6ceed1o Sen- fuch Capture, or to adjud-carid condemn "tl.i5e fam'e.'a'js lawful Prize, according, as 1t>e^^ H'P^^'' -if "claim lie er- to him, or tliem upon 'perufal of fuch pre,paravo!'y Ex^mmstions. ;' ,aod alfo of thc.'otlier l-.^['fl:-mehtioned tered, and-Secu- Fapersand Writings found, taken in or with .UKh Capture, -if ah^ fuch Papers''.bf'Vv'!-iring.3 fliiall be f'ty s^^.ii, anji found ; and in cafe fuch Claim fliall be duly entered, p^^ma'de, 'and Securify given Ihcreupo'^^^^^ fo the Tenor and true Meaning of this Afl, and there' ftialf appear no Occadori to examine any .Wit- nation to b= Hcfles, other than what (hall be then near to fuch Court of Admiraky, that- theri fuch Judge or Judges madewitiiin kk