Page:Ruffhead - The Statutes at Large - vol 7.djvu/73

 A. D. E747. Anno vicefimo Georgii If. C. 24. 29 Accounts fo aneflad upon Oath as aforefaid, together with all fuch remaining Strrh And Sums of Money, maining in rliJir . then lb left and remaining in his or their Hands as aforefaid, taking from the faid Treafurer, or his proper ^^"ds, to the Deputy or Agent, his or their Acquittance or Acquittances for the fame. GreenwlchF VJIl. And be it further tnafced. That all and every the Pcrfon and Perfons hereby direfted.to tranfmit fp[t"a™'^c. '"' or deliver all or any the Accounts before mentioned, vv'ho fhall negleft or refuie to tranfmit or deliver all or unAtr Pcuzity any futh Account or Accounts to tl.e Treafurer of the faid Hofpital, or his faid Deputy or Agent, within of lool. the Ti r,es before limited and appointed, in Manner and Form as is herein before mentioned, or who iha'l negiciS or lefufe to pay over all and every fuch Sum and Sums of Money as fnall remain in his or their Hand orTlands, Power, Cuftody or PofleiTion, af er the Term of three Years, to be accounted as aforefaid, fliall, Dlfp.rai of the for every fuch Offence, forfeit the Sum of one hundred Pounds, over and above the Money then in fuch Forti;iturcs. Agents Hands; one third Part whereof fliall belong to his MajeR-y, and the remaining two thirds to the (aid P-oyal Ho(pital ; to be recovered, with Cofts of Suit, by Aition of Debt, Rill, Plaint or Inform.ation, in any of his Majefty's Courts of Record ; in which no Effoinx Prote£tion, Privilege or Wager of Law, or moi"e than 0!ie Imparlance fhall be allowed. IX. And be it further cnafted, That if any Fraud, Collufion or Deceit fhall be wittingly or willingly Perfons convift- made, ufed, committed, permitted, done or fufFered in making, ftating or ballancing any fuch Accounts ; ^'^ °f"a):iiig then every Perfon or Perfons who ft all be thereof duly convicted, and his and their Aideis'snd Abettors, ["'[^ ^i^*^""^""' ihall forfeit and pay for every fuch Offence, over and above the Penalties and Punifliments infliifled by this ° "'^ ^'^ '"^° ' or any other or former Law, the Sinn of one hundred Pounds ; one third Part whereof to be to the Ufe of Difpofal of the his Majefl-y, and one other third to the Ufe of the faid Hofpital, and the other third to the Informer who forfeiture, fiiail fue for the fame ; to be recovered with Cofts of Suit, by A£Hon of Debt, BiH, Plaint or Information, in any Court of Record ; in which no Eiloin, Proteftion, Privilege or Wager of Law, or more than one Imparlance fliall be allowed. ' X. And whereas by the above recited Afts made in the thirteenth and feventeenth Years of his faid pre- 13 Ceo. 2. c. 4, ' fent Majefty's Reign refpeiStiveiy, :iS a further Encouragement to the OfHcers, Seamen, Marines, Soldiers, §• '5- 17 Geo. ' any Ships of Force belonging to the Enemy, it was enafted, That there fhouldbe paid by the Treafurer ' of his Majefty's Navy, upon Bills to be made forth by the Commiflioners of the Navy, to be paid ac- ' cording to the Courfe thereof, without Fee or Reward, unto the Officers, Seamen, Marines, Soldiers, or ' others, that fnould have been aftuallv on Board fuch of his Majefty's Ships of War, or Privateer or Pri- ' vateers, in any Action where any Ship or Ships of War, or Privateers Ihould have been taken from the ' Enemy, funk, burnt or otherv/ife deftroyed, five Pounds for every Man which was living on Board any ' Ship or Ships fo taken, funk, bm'nt or otherwife deftroyed, at the Beginning of the Engagement 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, or belonging '■ to any of them at the Time of her or their being taken as Prize, funk, burnt or otherwife deftrdyed, be- ' fore the Mayor or other chief Magiftrate of the Port within any of his Majefty's Dominions, whereunto ' any Prize or Officers, or Men of fuch Ships as were funk, burnt or otherwife deftroyed, (liould be ' brought, or before the B"it}JJ} Conful, or Vice Cor.ful, refi(ling_ at any Neutral Port, to which fuch ' Prize or Ofiicers, or Men fliould be brought, which Oaths the faid Mayor or other chief Magiftrate of ' any fuch Port or Conful, or Vice Conful, were thereby impowered and required to adminifter, and fhould ' forthwith grant a Certificate thereof, without Fee or Reward, diredled, to the Commiflioners of the Navy, '. upon producing which Certificate to the Commiflioners of his Majefty's Navy, together Vi^ith an authtn- ' tick Copy of the Condemnation of fuch Ship h taken, or if fuch Ship be funk, burnt or otherv/ife de- ' ftroyed, on producing only aCertificate from the Mayor, or other chief Magiftrate, orConful, or Vice Con- ' ful, as aforefaid, the faid Comniiffioners of his Majefty's Navy, or fuch Perfon or Perfons as th?y fliotild ' appoint for that Purpofe, fhould 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 ' Form and Proportion as by his Majefty's Proclamation to be iflued for that Purpofe, fhould be directed ' fuch Manner and Proportion as by any Agreement in Writing they fhould have entered into for that Pur- ' pofe, fhould be directed : And whereas Jome Doubt has arifen whether fuch Oaths, relating to the faid ' Bounty-money, and the Certificate thereon granted, could be adminiftred and granted by any Mayor or ' chief Magiftrate, Conful, or Vice Conful of any Port, other than the firft Port to which fuch Prize or ' Prizes, or Oiacers or Men fhould be firft brought; and it has fometimes happened, that fuch Oath and ' Men have been brought, whereby the Officers, Seamen, Marines and Soldiers of his Majefty's Ships and ' VeiTels of War, Privateer and Privateers, by which the Ships of his Majefty's Enem.ies have been taken, ' burnt, funk or otherwife deftroyed, have been totally deprived of the Benefit of the faid Bounty money :' For Remedy whereof, be it enafted by the Authority aforefaid. That in all fuch Cafes, where fuch Oath Where ar, Or.h. and Certificate could not, or herfafter cannot be adminiftred and granted at the faid firft Port, fuch Oath or ^"'^ Certificate Oaths relating to any Prize or Pri^es taken or to be taken, or to any Ships of his Majefty's Enemies funk, """otbe grant- burnt or othrwife defiroyed, or hereafter to be funk, burnt or otherwife deftroyed, fliall and ni^V be ad- p^j'^ 'j^"^ '^^ miniftred and taken by and before the Mayor and other chief Magiftrate of any Port within any of his Ma- be taken before jeft-y's Dominions, or by or before the Britiflj Conful, or Vice Conful, refiding at any Neutral Port, where • the Magiftraie unto any Prize or Prizes, or Officers or Men of any Ships belonging to his Majefty's Enemies, as have ofany other. been or fhall he taken, funk, burnt or otherwife deftroyed, fiiall at any Time hereafter be brought (Proof p,., of to be mad being firft made by Affidavit before fuch Perfon or Perfons, of the Inability of making fuch Oath or Oaths, cfihcir Liability and obtaining fuch Certificate at the faid firft Port) and the Mayor and other chief Magiftrate, Conful or of maiiing iiie Vice ^-"'^j ^'^''^' '"
 * ■ and others on Board any of his Majefty's Ships of War, as alfo of Privateers, to attack, take and deftroy ^' '^' 24' §• 'S.
 * amongft the Officers, Seamen, Marines and Soldiers on Board his Majefty's Ships of War, in Manner,
 * and appointed ; and amongft the Owners, Officers and Seamen of any private VefTel or Ship of War, in
 * Certificate could not be adminiftered and granted at the firft Port where fuch Prize or Prizes or Officers or