Page:Ruffhead - The Statutes at Large - vol 7.djvu/730

 c 710 at 34. Anno vkefimo iiono Georgii II. A. D. 1756. fhall forthwith caufe fuch WitnefTes to be examined within the Space of ten Days after fuch Claim made and Security given, and proceed to fuch Sentence as aforefaid, toviching fuch Capture ; but in caie upon making or entering fach Claim, and the Allegation and Oath thereupon, or the producing IftiieLega'iiyof i'uch Papers or Writings as (hall have been found or taken in or with fuch Capture, or upon the faid tiie Capture ap- preparatory Examinations, it fluall appear doubtful to the Judge or Judges of fuch Court of Admiralty, and'^thrPan'ies vvhether luch Capture be lawful Prize or not ; and it Ihall appear neceffary, according to the Circum- petfi'a in htiga- Hances of the Cafe, for the ckaring and determining fuch Doubt, to have an ExaminatiC'i, upon Plead- tinj) -ings given in by the Parties»*and admitted by the Judge, of Witneffes that are remote from fuch Court of Admiralty, and iuch Examination fliall be defired, and that it be flill infifted on, on Behalf of the Captors, that the faid Capture is lawful Prize, and the contrary be ftjll perfifted in on the Claimants Judge to order {behalf ; that then the faid Judge or Judges fhall forthwith caufe fuch Capjture to be appraifed by Per- brappraifcdj" '"^'"^ to be named by the Parties, and appointed by the Court, and fworn truly to appraife the fame according to die bjell of their Skill and Knowledge ; for which Purpofe the faid Judge or Judges ftiall and the Goods cau'e the Goods found on Board to be unladen, and an Inventory thereof being firft taken by the Mar- -" M ^ cT^'^ (hal of the Admiralty or his Deputy, (hall caufe them to be put into proper Warehoufes, with feparate Ware'ho^ufes','^ Locks of the Colledtor and Comptroller of the Cuftoms ; and where ther€ is no Comptroller, of the and;uv!nven- Navai Officer; and the Agents or Perfons employed by the Captors and Claimants, at the Charge tory uwsT), (jf jj^ Party or Parties deiiring the fame ; and Ihall after fuch Appraifement made, and within the and upon Sc- Space of fourteen Days after the making of fuch Claim, proceed to take good and fufficient Security cunty for full fjom the Claimants, to pay the Captors the full Value thereof according to fuch "Appraifement, in cale tiie'cuimant" ^''^ '^mc fhall be adjudged lawful Prize; and fhall alfo proceed to take good and fufficient Security from and for Colls' of "^^^ ^''P'^*^'^' ^o pay fucli Cofts as the Court fliall think proper, in Cafe fuch Ship fhall not be con- t!ie Captors, demned as lawful Prize; and after fuch Securities duly given, the faid Judge or Judges fhall make an tomakeOrder interlocutorv Order for releafirtg or delivering the fame to fuch Claimant or Claimants, or his or the;r capuufto"' Agents, and the fame fha 1 be aflually releafed or delivered accordingly. Ciaim.nt IV. And it is hereby further enadled by the Authority aforefaid. That if any Claimant or Claimants CI limant re- fliaU refufe to give fuch Security, the Judge or Judges fhall caufe the Captor or Captors in like Man- tot-'emng (ulh' "S"" ^° S'^^ good and fufHcient Security, to be approved of by the Claimant or Claimants, to pay the Security, laid Claimant or Claimants the full Value thereof, according to the Appraifement, in cafe any fuch I^dje to make Capture or Captures fhall be adjudged not to be lawful Prize; and the faid Judge or Judges fliall v.ery'of°P;ize to ^h^""^^?"*^ proceed to make an interlocutory Order for the releafing and delivering thq faille to the faid Captor. ' Captor or Captors, or their Agent?. Captures made V. And it is further enafled by the Authority aforefaid. That all fuch Captures as aforefaid, which in America, to fliall be brought into any of his Majefly's Colonies or Plantations in y/^?^r;Vc;, fhall. without breaking Vnt"care'<>f the B^"') ^^Y there, and be under the joint Care and Cuflody of the Colledor and Comptroller of the Officers of the Cufloms, or where there is no Comptroller, of the Naval Officers of the Port or Place where the fame fhall Cuitonis and be brought, and all the Captors thereof, and their Agents ; fubjeifl to the Diredfions of the Court of Captors, tiU^^ j^,ixniraty, until either the fame Ihair by final Sentence have been either cleared and difcharged, or acquitted there, adjudged and Condemned as lawful Prize ; or that fuch interlocutory Order as aforefaid, fliall have been UponCondem- wi^^^^ for the releafing or delivering of the fame ; and upon the Condemnation or Adjudication thereof nation. Prize to as lawful. Prize, fhall, in cafe the fame were taken by any fuch private Ship or Ships commiflioned as be delivered to aforefaidj" be immediately delivered unto the Captors thereof, and their Agents, to be by them difpofed twcaptois, yj: ^^ jj^gjj. QqoJj g,^(j Chattels; and in cafe the fame were taken by any of his Majelliy's Ships of War, unto fuch Perfon or Perfons, and to be fo divided and difpofed of, as his Majefty, his Heirs and SuccefTors fliall, by Proclamation or Proclamations hereafter to be ifTued for thofe Purpofes, order and direcf. . ''' Judge or otTier VI, And be it further enatfled by the Authority aforefaid, That if any Judge or Judges, or other oflicer in Ame- Qfj^^^,^ or Officers, in any of his A'lajefly's Plantations or Dominions abroad, to whom refpeCtively it NcgicaorDciay, i^M appertain, fliall delay the doing, performing, making or pronouncing any of the feveral Proceed- tn^s. Matters or Things, for, towaids or relating to condemning or dilcharging, releafing or deliver- ing of any fuch Capture in Manner aforefaid, within the refpeiTlive 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 Ati, all and every fuch Judge and Judges, and other Officer and Officers, fhall for even' fuch Offence, forfeits tcoL forfeit the Sum of five hundred Pounds; one Moiety thereof to his Majefty, his Heirs and Suc- ceflbrs, the other Moiety thereof, with full Cofis of Suit, to fuch Perfon or Perfons who ihall in- wjth Certs. form or lue for the fame, in any of the Courts in or for any of his Majefly's faid Colonics or Plantations, or in any of his Majefly's Courts of Record within his Kingdom of Grciit Britsin. FeesofCourton ^'H- And it is hereby further enailed by the Authority aforefaid, That there (hall not be paid unto Condemnation or among all the Judges and Officers of fuch Court of Admiralty in any of his Majefly's Plantations A iicrk?'" ^ Dominions abroad, for, towards or relating to the adjudging or condcmivng of fuch Capture as ' aforefaid, as lawful Prize, above th"e Sum of ten Pountls, in cafe fuch Prize, Ship or Veffel, be ui-der for Vefleis un- the Buithen of one hundred Tons ; nor above the Sum of fifteen Pounds, in cafe the fame be of that 1-.V for^aii"^' °^ ^"y greater Bui then ; and that upon Payment of either of the faid refpeJlive Sums, as the Ca.'e lliall atiove,°i5^. requite, to the faid Judge or Judges, or any of them, to be by him or them difpofed or divided, as he UponVaynient or they fliall thnk fit, among the Officers of fuch Court, fuch Judges and Officers, and every of them, ?' f'r** ofii '^^^ ^'^ liable to alt and every the feveral Pen'alties hereby impofed, for negleifling or delaying to do and liaiii<ftothe '^"' perform their feveral and refiec^live Duties or Offices in and relating to the feveral Proceedings aforefaid, ior Nec;k-a or ■ - . ^ . . VIII. .Delay of Duty.,.
 * ahove Penalties wiihin the refVe^ilive Times heriein for that Purpofe limited,