Page:Ruffhead - The Statutes at Large - vol 7.djvu/731

 A. D. 175^- Anno vicefimo nonoGEoiiGii 11. C. 34. 711 • VIIL Provided neverthelefs, and it is hereby further enadled by the Authority aforefaid, That if Judgnient of any Captor or Captors, Claimant or Claimants, ihall not reft fatisfied with the Sentence given in fuch beapp"a'led" Court of Admiralty in any of his Majefty's Plantations or Dominions abroad, it (hall anc may be law- from, ful for the Party or Parties thereby aggrieved to appeal from the faid Court of Admiralty, to the Com- miffioners appointed, or to be ajppointed, under the Great Seal ot Great Britain, for receiving, hear- ing and determining Appeals in Caufes of Prizes ; fuch Appeal to be allowed in the like Manner" as Ap- Appeal tc be peals to fuch Commiflioners are now allowed from the Court of Admiralty within this Kingdom ; fo made wiiiun 14 as the fame be made within fourteen Days after Sentence, and good Security be likewife given by the '-'^>'^ after sen- Appellant or Appellants, that he or they will effedually profecute fuch Appeal, and anfwer thie Con- cTrUy to"be ^" demnation, and alfo pay treble C^fts, as fhall be awarded, in cafe the Sentence of fuch Court of given to profe- Admiralty be affirmed > any Thing in this Ad before contained to the contrary hereof in any wife ^"'^ ''^^ '^™'^' notwithllanding. IX. Provided always. That the Execution of any Sentence fo appealed from as aforefaid, fliall not be Execution of fufpended by reafon of fuch Appeal, in cafe the Party or Parties appellate fhall give fufficicnt Security, be"fuft.ended"if to be approved of by the Court in which fuch Sentence (liall be given, to reiftore the Ship, Veflel, the Appcih^i Goods or Effeds, concerning which fuch Sentence fliall be pronounced, or the full Value thereof, giv& Security. to the Appellant or Appellants, in cafe tire Sentence fo appealed from (hall be reverfed. X. And be it enaded. That in cafe any Perfon, who was not a Party in the firft Inflance oi^^^onviho ^^ the Caufe, Ihall interpofe an Appeal from a Sentence given in any Admiralty Court, fuch Perfon, J^"he°fir1t ^ or his or her Agent fliall, at the fame Time, enter his or her Claim, otherwife fuch Appeal fliall fiance, inter- be null and void. ''ea^sTotr XL And be it further enacted by the Authority aforefaid. That if any Commander or Command- FeThisCkim.' ers, Officer or Officers, Seamen, Marines, Soldiers or others, fhall break Bulk, on Board, or imbezij ^ any of the Money, Jewels, Plate, Goods, Merchandize, Tackle, Furniture or Apparel of or belong- in^^'^^Jfj, '^^ ', or ing to fuch Prize or Prizes fo taken, fuch Commander, Officer, Seaman, Marine, Soldier or others, inibezUing Et- Ihall forfeit treble the Value of all fuch Money, Jewels, Plate, Goods, Merchandize, Tackle, P'urni- ^^^^' to 'o'^eit ture or Apparel, as he or they fliall imbezil ; one third Part thereof to be to the Ufe of Greenwich Hof- one ThiJ^^to pital, and the other two third Parts'thereof to him or them that will fue for the fame by Aidiicn of Greenwich Debt, Plaint or Information in any Court of Record in Great Britain in which no ElToin, Proteition "[^'^'^f'^^^'. '"'' or Wager of Law, or more than one Imj arlance fliall be allowed. tvrot'othe Pro- XII. And be it further enacfled by the Authority aforefaid. That all Appraifements and Sales offtcutor. any Ship or Ships, Goods, Wares or Merchandizes, as fliall be taken by sny of his Majefly's Ships '^''Tst^'So!'^ of War, Ihall be made by Agents or Perfons nominated and appointed in equal Numbers by the flag prizes'ukeii by Officers or Flag Officer, Captains or Captain, Officers or Officer, Ships Coinpanies or Ship's Com- ti;e King's nany, and others intitled thereunto (that is to fay) That if the Flag Officers or Flag Officer of any ^^'^'J^'^^'ji^^ Fleet or Squadron of Ships as fliall take any fuch Prize or Prizes (or the Majority of fuch Flag Of- Agentsifor fleers, if more than one) (hall nominate and appoint one or more Perfon or Perfons Agent or Agents, Officers and to fell or appraife the fame as aforefaid, then the Captains and Commanders or Captain and Commander ^"^^y^jtions intitled thereunto, or the Majority of them (if inore than one) fliall nominate and appoint the like Num- con^c"rning at ber of Perfons or Agents to adf for them ; and all the otlier Officers under the Degree of a Captain and Agents. Commander intitled thereto, or the major Part of them, fliall alfo nominate and appoint the like Num- ber of Perfons or Agents to a>fi: for them ; and all the Crews of the feveral Ships Companies of the Fleet or Squadron, or Ship's Company and others intitled thereto, or the major Part of them, fliall hke- wife nominate and appoint the fame Number of Perfons or Agents to act on their Behalf in fuch Ap- praifement or Sale. XIII. Provided, That nothing herein contained fliall extend, or be conftrued to alter or make void Not to extendi any Agreement or Agreements made or to be made in Writing between the Owners, Officers and Sea- '° "vateeis. men of any private Ships or Veflels of War. iXIV. And be it further enadfed by the Authority aforefaid. That all and every Perfon or Perfons ^.s^*^ J.° ^^1^^- who Ihall be fo nominated and appointed Agent or Agents as aforefaid for any Prize or Prizes taken by tiidrLettTs of any Ship or Ships, VeiTel or Veffels of War, or by any Merchant Ship or Ships employed in his Ma- Attcmeym the jefty's Service, or having Letters of Marque, or for receiving the Bounty herein after granted, and Sj'e^prize'^iha i- which Prize or Prizes fliall be condemned in the iHigh Court of Admiralty in Great Britain, or in any belonde-iMd,. of the Courts of Admiralty in any of his Majefly's Plantations in America, or in any other h.is Majefty's in Penalty of Dominions, or elfewhere, where the faid Prize and Prizes, and every of them, fliall be condemned, 5'^°'- fliall exhibit and caufe to be regiftered in the faid High Court of Admiralty in Great Britain^ or in the refpective Courts of Admiralty in America, or in any other his Majefty's Dominions, or elfewhere,, ■ where the faid Prize and Prizes, and every of them, "fliall be eonderrmed, his or tl-»eir refpetfive Letter or Letters of Attorney appointing him or them Agent or Agents for the Purpofes aforefaid j and if any Perfon or Perfons fo appointed Agent or Agents as aforefaid, fliall refufc or ncgled f& to do for tlie Space of fix Calendar Months next after Sentence of Condemnation of any Prizs fliall be given in the faid High Court of Admiralty in Great Britain, or in America, or other his Majefly's Do- minions, for the Care and Diflribution of which he or they fliall be appointed Agent or Agents,. fuch Per'on or Perfons fo refufmg or negleiUng fliall forfeit the Sum of five hundred Pounds, to be recovered by him or them who fhall f^e tor the fime by Adtion of Debt, Bill, Plaint or In- formation in any Court of Record in Great Britain, America or in any other of his Majefty's Domi- nions, or elfewhere J in which no Fffoin, Prctedipn or Wager of Law, or more- than^one Imparlance {hail be aJlowcd. xy«.