Page:Ruffhead - The Statutes at Large - vol 8.djvu/400

 366 the Particulars thereof to be inferied in the Coitimiflion ; which Comniiffion is to be produced to the Col- leflor or other Officer of the Pott, who is to examine the Ship, and fee ho%v far fhe agrees, in all Reipeils, with the faid Deftrip- tiofi ; and if flie agrees thereto, or be of a greater Force or Burthen, is to grant a Certificate vhi.h flidl Ic a Clear- ance !0 fuch VciTel. Penalty of departing without fuch Cleaiance. or with a Force inferior to that fpecified in the Cooimiilioa. Co!Ic£^or, &c. granting a falfc Certificate, to forfeit his Office, and lool. J^ecovery and Applica- tion thereof. Tonage to be afcertained according to the Rules prclcnl cd by Adl 8 Annae. Privateers agreeing for the Ranfom of Neutral Ships made I'rizes, and rfif harming tl)cm vri.hout bringinj, them into Hcrt, C. 25. Anno tricefimo fecundo Ge or on II. A. D. 1758. exaft Defcription of the Ship or Veflel for which fuch Commiflion is requefted, fpecifying the Bur- then of fuch Ship or Veflel, and the Number and Nature of the Guns on Board the fame, to wha Place belonging, and the Name or Names of the principal Owner or Owners of fuch Ship or Veflel and the Number of Men intended to be put on Board the fame (all which Particulars fliall be infert- ed in ever CommilTion to be granted or ifTued in purfuance of this A£l) ; and that every Commandei of a Private Ship or Veflel of War, for which a CommifTion fliall be granted or iflued in purfuanc( of this A6f, (hall produce fuch CommifTion to the Collector, Cuftomer, or Searcher for the TiriK being, of his Majefty's Cuftoms, refiding at, or belonging to, the Port from whence fuch Ship o;. Veflel fhall be firft fitted out, or to the lawful Deputy or Deputies of fuch Collector, Cuflomer, o:; Searcher; and the faid Colle»fl:or, Cufl:omer, or Searcher, or his or their lawful Deputy or Deputies fliall, as foon thereafter, as conveniently may be, without Fee or Reward, infpedl and examine fuel Ship or Veflel, fo as to afcertain the Burthen thereof, and the Number of Men, and Number ant' Nature of the Guns on Board the fame: And if fuch Ship or Veflel (hall thereupon be found to bi of fuch Burthen, and be manned and armed according to the Tenor of the Defcription inferted ir (uch Commiffion as aforefaid, or be of a greater Burthen or Force than (hall be mentioned !n fuel CommifTion, then fuch Coliedor, Cuftomer, or Searcher, or his or their lawful Deputy or Deputies, fhall, and he or they is and are hereby required immediately, upon the Requeft: of the Commande: of fuch Ship or Veflel, to give a Certificate thereof in Writing under his or their Hand or Hand; gratis, to fuch Commander ; which Certificate fhall be deemed a neceflary Clearance, before fuel private Ship or VcflTel fliall be permitted to fail from that Port; and if the Commander of any Shi] or Veflld for which any Commiflion fhall have been granted or iflued in purfuance of this A61, fhal depart with fuch Ship or Veflel from fuch Port of Clearance, before he hath received fuch Certifi cate, or (hall depart from any fuch Port, or proceed upon a Cruize, with a Force inferior to th< Force fpecificd in fuch Commiflion, or required by this Afl ; in every fuch Cafe, the Commiflioi for fuch Shi|) or Veflel fliall from thenceforth be abfolutely null and void ; and the Commande fo off^ending, being convicted thereof before any Court of Admiralty, Ihall be imprifoned withou Bail or Mainprize, for fuch Space as the faid Court fhall dired, not exceeding one Year for an; one Ofi^ence. X. And be it further enabled by the Authority aforefaid. That if any Colle6lor, Cuftomer, o Searcher of his Majefty's Cuitoms, or his or their lawful Deputy or Deputies, fhall grant a Certifi cate for any Ship or VcfTel which fhall not be of the Burthen and Force fpecified in the Commiflioj granted to the Commander or Commanders thereof, or of greater Burthen and Force than fhall b mentioned in fuch CommifTion, he fhall, for fuch Offence, forfeit his faid Office, and be for eve after incapable of holding any Office in the Cuftoms, and fhall alfo forfeit the Sum of one hundrei Pounds, to be recovered by any Perfon or Perfons who will fue for the fame, by A6tion of Debl Bill, Plaint, or Information, in any of his Majefty's Courts of Record at Wejiminfter, in which n Eflbir, Protection, Wager, of Law, or more than one Imparlance, (hall be allowed ; and one Moiet of the laid Penalty of one hundred Pounds, when recovered, fhall be paid to the Informer or Infor mcrs, and the other Moiety to the Trcafurer for the Time being to the Corporation for the Relie and Support of fick, maimed, and difabled Seamen, and of the Widows and Children of fuch a (hall be killed, flain, or drowned, in the Merchants Service, for the Ufe of fuch Corporation ; o where fuch Forfeitures fhall be incurred in any of the Out-ports in which a Corporation is eftablifh' ed, or fhall hereafter be cflablifhcd, for the Purpofcs aforefaid, then the Moiety of fuch Penalt fhall be paid to the Trufiees for the Ufe of the Corporation fo eftablifhed. XI. Provided always. That the Number of 'i'ons fo to be certified, be afcertained according t the Rules laid down by an Aft pafled in the eighth Year of the Reign of her late Majefty Quee Akne, intituled. An A£J for makhig a convenient Dock cr Bcifon at h'wcrpoo], for the Security of a Ships trading to or from the faid Port ^Liverpool. XII. And be it further enadfed by the Authority aforefaid. That in cafe at any Time or Tinu after the firft Day of June one thoufand feven hundred and fifty-nine, any Commander or Comman ders of any private Ship or Ships, or Veflel or Veflcls of War, duly commiffioned by virtue of th faid Adt of the twenty-ninth Year of his Majefty's Reign, or this Adt, fliall agree with the Conn mandcr or Commanders, or other Perfon or Perfons, of or belonging to any Neutral or other Shi' or Ships, VefTel or VelTels (except thofe of his Majefty's declared Enemies, for the Ranfom of an fuch Neutral or other Ship or Ships, Veflel or or Vcflels, or the refpeftivc Cargo or Cargoes thereoi or any Part thereof, after the fame fliall have been taken as Prize, and fhall, in purfuance of an, fuch Agreement or Agreements, actually quit, fet at liberty, or difchargc any fuch Prize or Prizeil inftead of bringing the fame into fome Port or Ports belonging to his Majcity's Dominions ; .ii then all and every of the Commander and Commanders of fuch private Ship or Ships, or Veflel cl f de-mtJ guilty of Piracy j and to fuPicr Drath and Confifiatiun of Goods, &c. of W ar or difcharge who fliall agree for any fuch Ranfom (except as aforefaid) and fhall quit, fet at lij any fuch ty of Piracy, igre Pri VcfllJs berty, ken to be guilty nf Piracy, Feiw..y, «...^ ^x^i^l.^. ^, ^..^ ..^, — y, .-.y v>. ...<.,»., ^-...5 — • convivfled thereof in the Manner herein before mentioned, fhall have and fufttr fuch Pains of Deatl Lofs of Lands, Goods and Chatties, as Pirates, Felons and Robbers upon the Seas ought to hav and fulTer according to the Laws now in Being. ze or Prizes in Manner aforefaid, fhall be deemed, adjudged, and ta| ony, and Robbery ; and he, they, and every of them, being dul XIII. Provide