number of

mon law fheets above specified, and charge their clients or employers
double or treble the fum for drawing and ingroffing fuch skins, calling
the fame double and treble skins, and pretending that they infert twice or
three times as much in quantity as they are obliged to do; and that,
upon a taxation, they would be allowed as much as they have charged,
reckoning the fame by the number of sheets, by which means the client
or employer, instead of judging of fuch charge by the number of skins,
is liable to be impofed upon, and the revenue of flamps materially in-
jured and diminished, be it therefore further enacted by the autho-
rity aforefaid, That, from and after the paffing of this act, all Attornies, &c.
attornies, folicitors, or other perfons, fhall make their feveral to charge their
charges, at and after the known and usual rates, upon their clients by the
client or employer, by the number of skins they shall so ingrofs fkins they in-
or write, and not otherwife; and that if any attorney, folicitor, gro's, accord-
or other perfon, fhall, for the writing or ingroffing one fkin of ing to the
parchment only, charge any client or employer for double or ufual rates."
treble fkins, or for more than one skin, making his charge by Double or tre-
ole charges
the sheet, or in any other manner than by the skin, under pre-
not payable;
tence of having inferted in fuch one skin or parchment a greater
number of sheets than what they are obliged to do, or than what
is usually done, or under any pretence whatsoever, fuch charge
fhall not be payable by the client; and further that every attor- but fubject the
ney, folicitor, or other perfon, fhall, for every fuch charge fo perfon making
made or demanded, forfeit and pay the fum of ten pounds, with
treble costs of suit, to any perfon or perfons who fhall inform of 10%
or fue for the fame, in any court of record, by action of debt,
bill, plaint, or information, wherein no effoin, protection, or
wager of law fhall be allowed.

the fame to
the forfeiture

extend to the

XIII. Provided always, That nothing in this act contained The above fhall extend, or be conftrued to extend, to the charge to be claule not to made for the ingroffing any deed, the whole contents of which charge for fhall not amount to the quantity or number of theets to be con- any deed, the tained in two skins, reckoning the quantity in each fkin accord- whole of ing to the number of sheets above specified.

which shall not

XIV. And be it further enacted by the authority aforefaid, amount to the ufual quantity That if any perfon or perfons fhall, at any time or times, be contained in sued, molested, or profecuted, for any thing by him or them two skins. done or executed in purfuance of this act, or of any claufe, Persons fued matter, or thing, herein contained, fuch perfon or perfons fhall for any thing and may plead the general ifue, and give the fpecial matter in done in purevidence, for his or their defence; and if upon the trial a verdict act, may plead fhall pafs for the defendant or defendants, or the plaintiff or the general plaintiffs fhall become nonfuited, then fuch defendant or defen- iffue; dants fhall have treble cofts awarded to him or them against such and recover plaintiff or plantiffs.

fuance of this

treble cofts.

CA P.

Preamble.

CA P. LXVII.

An act for the encouragement of feamen, and the more speedy and effectual manning his Majesty's Navy.

HEREAS his Majesty, by order in council, dated the twenty-ninth day of July, one thousand seven hundred and seventy-eight, was pleased to order that general reprizals be granted against the hips, goods, and subjects of the French King; and that as well all his Majesty's fleets and fhips, as also all other ships and veffels that fhall be commiffioned, by letters of marque or general reprizals, or otherwife by his Majefty's commiffioners for executing the office of lord high admiral of Great Britain, ball and may lawfully feize all ships, veffels, and goods, belonging to the French King, or his fubje&is, or others inhabiting within any the territories of the French King, and bring the fame to judgement in any of the courts of admiralty within his Majesty's dominions; now, for the encouragement of the officers and feamen of his Majesty's fhips of war, and the officers and feamen of all other British hips and veffels having commiffions and letters of marque, and for inducing all British feamen who may be in any foreign fervice to return into this kingdom, and become serviceable to his Majefy; and for the more effeclual fecuring and extending the trade of his Majesty's fubjects; be it enacted by the King's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That the flag officers, commanders, and other officers, feamen, marines, and foldiers, on board every fhip and veffel of war in his Majesty's pay, fhall have the fole intereft and property of and in all and every fhip, veffel, goods, and merchandizes, which they have taken fince the twenty-ninth day of July, one thousand seven hundred and feventy-eight, or fhall hereafter take during the continuance of hoftilities against France, after the fame fhall have been finally adjudged lawful prize to his Majefty, in any of his Majefty's courts of admiralty in Great Britain, or in his Majefty's plantain the proportions in America, or elsewhere; to be divided in fuch proportitions by his Majefty al- ons, and after fuch manner, as his Majefty bath, by his proclamaready ordered, tion of the fixteenth day of September laft, already ordered and or to be here- directed, or as his Majefty, his heirs and fucceffors, shall think after ordered, fit to order and direct, by proclamation or proclamations. by proclama- hereafter to be iffued for thofe purposes.

Prizes made
by the King's

thips to be di

vided between
the captors.

tion.

Admiralty to iffue commiffions to privateers, on the

owners giving

proper fe

curity.

II. And be it further enacted by the authority aforefaid, That the lord high admiral of Great Britain, or the commiffioners for executing the office of lord high admiral of Great Britain for the time being, or any three or more of them, or any person or perfons by him or them impowered and appointed, thall, at the request of any owner or owners of any fhip or vessel, giving such bail and fecurity as is herein-after mentioned and expreffed, cause to be iffued forth in the ufual manner one or more commission or commiffions to any person or persons whom fuch owner or owners (hall nominate to be commander, or, in case of

death

i

death, fucceffively commanders of fuch thip or vefiel, for the attacking, furprizing, feizing, and taking, by and with fuch fhip or veffel, or with the crew thereof, any place or fortrefs upon the land, or any ship or vessel, goods, ammunition, arms, flores of war, or merchandize, belonging to or poffeffed by any of his Majesty's enemies, upon the land, or in any fea, creek, haven, or river; and that fuch fhip or thips, velfel or veffels, or Prizes made any arms, ammunition, stores of war, goods, and merchandizes by juch comwhatsoever, with all their furniture, tackle, and apparel, fo to

miffioned

ships to be dibe taken by or with fuch private thip or veffel, according to vided between fuch commiffion or commiffions, after final adjudication as the owners lawful prize in any of his Majefty's courts of admiralty as afore- and captors, faid, and not before, thall wholly and entirely belong to and be according to private condivided between and among the owner and owners of fuch fhip or tract. veffel, and the feveral perfons who fhall be on board the fame, and be aiding and affifting to the taking thereof, in fuch thares and proportions as fhall be agreed upon with the owner or owners of fuch fhip or veffel as fhall be the captor thereof, their agents or factors, as the proper goods and chattels of fuch owner or owners, and the perfons who thall be intitled thereto by virtue of fuch agreements among themfelves; and that neither his Majefty, his heirs or fucceffors, or any admiral, vice-admiral, governor, or other person, commiffioned by or claiming under his Majefty, his heirs or fucceffors, or any person or perfons whatfoever, other than the owner or owners of fuch fhip or vessel, being the captor of such prize, fhip, or veffel, arms, ammuniti on, ftores of war, goods, and merchandizes, and the perfons claiming under him or them, fhall be intitled to any part or share thereof, (except as to the cuftums and duties payable by any act or acts of parliament:) any cuftom, ftatute, or other law, to the contrary notwithstanding.

III. Provided always, That nothing in this act contained fhall No commif intitle any hip having a commiflion, and which thall receive or- fioned ship to ders from, and put herself under the convoy of any of his Ma- have share in any prize jesty's fhips or veffels, to fhare in any prize or prizes taken by while the 18 fuch convoy, or by fuch thip having a commiffion, whilft the under convoy. faid commiffioned fhip hall remain under the care and protecti

on of such convoy.

condemned

IV. And be it enacted by the authority aforefaid, That all All prize prize (hips or veffels which thall be legally condemned, thall, to hips legally all intents and purposes whatsoever, be confidered as british- thall be deembuilt thips or veffels, and be deemed and taken as fuch, and ed Britishshall be entitled to have and enjoy all and every the fame rights, built ships. liberties, privileges, and advantages, in all refpects whatfoever, with British-built (hips or veffels, and fhall be fubject and liable to all and every the rules and regulations that British-built hips or vessels are subject and liable to; any law, custom, or ufage, to the contrary thereof in any wife notwithstanding.

V. And be it further enacted by the authority aforesaid, That Admiralty it shall and may be lawful to and for the lord high admiral of may revoke Great Britain, or the commiffioners for executing the office of VOL. XXXII.

A a

commiffions

granted to lord Privateers.

Secretary of the admiralty of fuch revoto give notice cation to the owners, &c.;

lord high admiral of Great Britain for the time being, or any three or more of them, at any time or times hereafter, to revoke and make void, by any order or orders, in writing under his or their hand or hands, any commiffion or commiffions which hath, have been, or fhall be iffued forth to any perfon or perfons who hath, have been, or thall be nominated commander or commanders of any ship or veffel, either in purfuance of his Majesty's aforefaid order in council, or this prefent act.

VI. Provided nevertheless, That the fecretary of the admiralty for the time being fhall, with all convenient speed after any and every such commiflion thall be fo revoked, cause notice thereof in writing to be forthwith fent to the owner or owners, or agent or agents, or furety or fureties, or fome one of them, of the (hip or veffel named or described in fuch order of revocation; and in cafe fuch ship or veffel fhall be in the channel, the faid order of revocation fhall be effectual to fuperfede and annul the faid commiffion at the expiration of twenty days from and after fuch notice given as aforefaid, or fooner, if notice fhall be actually given in writing, by the fecretary of the admiralty, to the captain or commander thereof; and in cafe fuch fhip or veffel shall be in the northern feas, at the expiration of thirty days; and in case such ship or vessel shall be to the fouthward of Cape Finisterre, or in the Mediterranean, at the expiration of fix weeks; and in cafe fuch fhip or veffel thall be in North America, or the Weft Indies, at the expiration of three months; and in cafe fuch ship or veffel fhall be in the East Indies, at the expiration of fix who may com- months: and any commander or commanders, owner or plain thereof owners, agent or agents, furety or fureties, of any fuch fhip or to his Majefty veffel, whereof fuch commiffion or commiffions, iffued or to be iffued forth as aforefaid, fhall be fo revoked, may complain thereof to his Majefty in council, within thirty days next after the fecretary of the admiralty for the time being fhall caufe notice thereof to be given as aforefaid; and the determination of his Majesty in council touching every fuch complaint fhall be final.

in council.

When any or

VII. Provided always, That in cafe any fuch order of revoca der of revoca- tion fhall be fuperfeded, fuch commiffion shall be deemed and taken to have continued in force; and all prizes taken by virtue thereof fhall belong to and be the property of fuch owners and captors, in fuch manner as the fame would have been in case fuch order of revocation had not been made.

tion fhall be fuperfeded, commiffion fhall be deemed to have continued in force. Provifo.

Bail, &c. to be taken before granting any

commiffion.

VIII. Provided alfo, That no perfon fhall be liable to be punished for doing, before he fhall have received perfonal notice of such order of revocation, any matter or thing which he might have lawfully done under the authority of fuch commiffion, in cafe fuch order of revocation had not been made.

IX. And be it further enacted by the authority aforesaid, That, before the granting or iffuing of any commiffion in purfuance of this act, fuch bail and security shall be taken as have been usual upon the granting or iffuing of commiffions for private fhips of war; and that, previous to the taking of fuch bail

and

and fecurity, the perfons who propofe to be bound and give such fecurity, fhall feverally make oath, before the judge of the high court of admiralty of England, or judge of any vice-admiralty court in his Majesty's colonies or plantations, or his furrogate, or other perfon or perfons by fuch judge or furrogate lawfully commiffioned, that, at the time of their being fworn, they are respectively worth more money than the fum for which they are then to be bound, over and above all their juft debts; and moreover the marthal of the faid high court of admiralty, or any vice-admiralty court in his Majeft'ys colonies or plantations, for the time being, or his deputy, or the perfon or perfons fo commiffioned as aforefaid, is or are hereby required and directed to make diligent enquiry into, and fatisfy himself or themfelves of the fufficiency of fuch bail and fecurity, and make a report thereof to the faid judge, or his furrogate, before any such commiffion thall be granted or iffued.

on, to fet forth

number of

guns, &c.

X. And be it further enacted by the authority aforefaid, All perfons That all and every perfon and perfons, who fhall apply to the applying for faid lord high admiral, or commiffioners for executing the office any commiffiof lord high admiral for the time being, or any perfon or per- in writing an fons by him or them impowered and appointed, in order to exact defcripobtain any commiflion to be granted or iffued forth in purfuance tion of the vefof this act, fhall make every fuch application in writing; and fel, its cargo, therein fet forth a particular, true, and exact defcription of the ship or veffel for which fuch commiffion is requested, specifying the burthen of fuch ship or veffel, and the number and nature of the guns on board the fame, to what place belonging, and the name or names of the principal owner or owners of fuch fhip or veffel, and the number of men intended to be put on board the fame; (all which particulars thall be inferted in every commiffion to be granted or iffued in purfuance of this act ;) and Commanders that every commander of a private fhip or véffel of war, for of commffionwhich a commiffion fhall be granted or iffued in purfuance of ed hips to produce their this act, thall produce fuch commiffion to the collector, cuf- commissions to tomer, or searcher for the time being, of his Majesty's customs, the colle&or, refiding at or belonging to the port from whence fuch thip or &c of the veffel Thall be first fitted out, or to the lawful deputy or depu- customs; ties of fuch collector, customer or fearcher; and the faid col- who are to lector, customer, fearcher, or his or their lawful deputy or dé- examine fuch puties, fhall, as foon thereafter as conveniently may be, with- hips; out fee or reward, infpect and examine fuch fhip or veffel fo as to ascertain the burthen thereof, and the number of men, and number and nature of the guns on board the fame; and if fuch and if found ship or vessel shall thereupon be found to be of fuch burthen, agreeable to and be manned and armed according to the tenor of the defcrip- tion, to grant the defcription inferted in such commiffion as aforefaid, or be of a greater a certificate burthen or force than thall be mentioned in fuch commiflion, thereof. then fuch collector, customer, or fearcher, or his or their lawful deputy or deputies, fhall, and he and they is and are hereby required immediately, upon the requeft of the commander of fuch ship or veffel, to give a certificate thereof, in writing under