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his or their hand or hands, gratis, to such commander-, which certificate (hall be deemed a necessary clearance before such private (hip or vessel (hall be permitted to sail from that port: P nalt on anc* ^ the commancicr of any ssnp oi" vessel, for which any commander commission shall have-been granted or issued in pursuance of leaving port this act, shall depart with such (hip or vessel from such port of without a cer- clearance before he hath received such certificate, or (hall detiftcate, &c. part from any fuch port> or proceec] Up0n a cruize, with a force inferior to the force specified in such commission, or required by this act, in every such case the commission for such (hip or vessel (hall from thenceforth be absolutely null and void.., and the commander so offending, being convicted thereof before any court of admiralty, shall be imprisoned, without bail or mainprize, for such space of time as the said court (hall direct, not exceeding one year for any one offence. Penalty on XI. And be it further enacted by the authority aforesaid, That tomer °&cCUfor anv co^ector» customer, or searcher, of his Majesty's customs, granting a or his or their lawful deputy or deputies, shall grant a certificate false certirl- for any (hip or vessel which lhall not be of the burthen and force cate» specified in the commission granted to the commander or com

manders thereof, or of a greater burrhen or force than (hall be mentioned in such commission, he shall, for such offence, forfeit his said office, and be for ever after incapable of holding any office in the customs; and shall also forfeit the sum of one hundred pounds, to be recovered, by any person or persons who will sue for the same, by action of debt, bill, plaint, or information, in any of his Majesty's courts of record ?L\JVeftminster,\n which no essoin, protection, wager of law, or more than one imparlance, shall be allowed; and one moiety of the said penalty of one hundred pounds, when recovered, (hall be paid to the informer or informers, and the other moiety to the treasurer for the time being to the corporation for the relief and support of sick, maimed, and disabled seamen, and of the widows and children of such as (hall be killed, slain, or drowned, in the merchants service, for the use of such corporation; or wheije such forfeitures (hall be incurred in any of the out-ports in which a corporation is established, or shall hereafter be established, for the purposes aforesaid, then a moiety of such penalty (hall be paid to the trustees for the use of the corporation so established. Proviso for as- XII. Provided always, That the number of tons so to be certainingthe certified, be ascertained according to the rules laid down by an tonnage. act passed in the eighth year of the reign of her late majesty Queen Anne, intituled, An ah for making a convenient dock, or bason at Liverpool, for the security of all Jbips trading to or from the said port ^/"Liverpool.

If the com- XIII. And be it further enacted by the authority aforesaid, manderofa That in case at any time or times any commander or comIhT^auTree manciers °f anv private (hip or (hips, or vessel or vessels of war, with any per- commissioned as aforesaid, shall agree with the commander or son belonging commanders, or other person or persons, of or belonging to to any prize anv neutral or other ship or ships, vessel or vessels, for the rantaken, for the' fpm som of any such neutral or other ship or (hips, vessel or vessels, ransom thereor the respective cargo or cargoes thereof, or any part thereof, ot* &c* after the fame (hall have been taken as prize, and (hall, in pursuance of such agreement or agreements, actually quit, set at liberty, or discharge, any such prize or prizes, instead of bringing the fame into some port or ports belonging to his Majesty's dominions; that then all and every of the commander ne ^ be and commanders of such private (hip or ships, or vessel or vessels deemed a piof war, who (hall agree for any such ransom, and (hall quit, rate, and sufset at liberty,, or discharge, any such prize or prizes in manner [*rj*cc * aforesaid, (hall be deemed, adjudged, and taken to be, guilty of piracy, felony, and robbery; and he, they, and every of them, being duly convicted thereof before any court of admiraltj, (hall have and suffer such pains of death, loss of lands, goods, and chattels, as pirates, felons, and robbers upon the seas, ought to have and suffer according to the laws now in being.

XIV. And whereas, in all private Jbips of war or merchant Jbips Offences on that stall take out letters of marque, it is expedient, for the better dif b°^d u"isli" cipline and government of such stipsy that all persons who enter ^bVix^xhe" themselves on board the said Jbips stould be under proper regulati- fame manner ens, and pay obedience to the lawful commands of the captains and as on board chief commanders of the said ships; be it therefore enacted by the ships of War. authority aforesaid, That all offences committed by any officer

or seaman on board any privateer or merchant ship, having taken letter of marque, during the present hostilities with France, (hall be punished in such manner as the like offences are punishable on board his Majesty's ships of war.

XV. Piovided always, That all offenders who (hall be ac- Offenders accused of such crimes as are cognizable only by a court martial, cused of crimes (hall be confined on board such privateer or merchant (hip car- c°gmzable jying letter of marque, on which such offence shall be commit- court-martial ed, until they shall arrive in some port in Great Britain or Ireland, to be confined' or can meet with such a number of his Majesty's mips ot war on board, &c. abroad as are sufficient to make a court-martial; and upon application made, by the commander, of such privateer or merchant ship carrying letter of marque, to the lord high admiral

of Great Britain, or commissioners for executing the office of lord high admiral of Great Britain, for the time being, or the commander in chief of his Majesty's said ships of war abroad, the said lord high admiral, or commissioners for executing the office of lord high admiral of Great Britain for the time being, or any three or more of them, or such commander in chief abroad, are hereby authorised and required to call a court-martial for trying and punistiing. the said offences.

XVI. And whereas good and necessary laws have been made, and Privateers are fill in force, within several of his Majesty's colonies or plantations subject so the in America, for preventing the carrying off from the said colonies or ,a s arKi re* plantations any servant or stave without the consent of the owner; or Pushed ^ B^tthe carrying off from thence any other person or persons whomsoever, tifh colonies in until such person stall have taken out his ticket from the secretary s office going into the

A a 3 within Ports there

Judge to finish the preparatory examination, with respect to the captures within 5 days.

within such respective colony or plantation, in such manner^ and under such' penalties and forfeitures* as in and by she said several laws is declared and provided; be it therefore further enacted by the authority aforesaid, That all commanders of private ships of ,\var er merchant (hips, having letters of masque, shall, upon their going into any of those ports or harbours, be subject, and they are hereby determined to be subject, to the several directions, provisions, penalties, and forfeitures, in and by such laws made and provided; any thing in this act contained to the contrary thereof in any wife notwithstanding.

XVII. And,for the more speedy proceeding to condemnation, or ether determination, of any prize, ship, or vessel, goods or merchandizes, already taken, or hereafter to be taken, as aforesaid, and for lessening the expences that have been usual in the like cases, be it further enacted by the authority aforesaid, That the judge or judges of any court of admiralty, or other person or persons thereto authorised, shall., within the space of five days after request to him or them for that purpose made, finish the usual preparatory examination of the" persons commonly examined in such cafes, in order to prove the capture to be lawful prize, or to enquire whether the fame be lawful prize or not; and that the proper monition usual in such cases shall be isued, by the person or persons proper to issue the fame, and shall be executed in the usual manner, by the person or persons proper to execute the fame, within the space of three days after request in that behalf made; and in cafe no claim of such capture, ship, vessel, or goods, shall be duly entered or made in made within a the usual form, and attested upon oath, giving twenty days limited time, notjce after tne execution of such monition; or if there be such claim, and the claimant or claimants shall not, within five days, give sufficient security (to be approved of by such court of admiralty) to pay double costs to the captor or captors of such ship, vessel, or goods, in cafe the fame so claimed (hall be adjudged lawful prize; that then the judge or judges of such court of admiralty shall, upon producing to him or them the said examinations, or copies thereof, and upon producing to him or them, upon oath, all papers and writings which shall have been found, taken in or with such capture; or upon oath made that no papers or writings were found; immediately, and without further delay, proceed to sentence, either to discharge and acquit such capture, or to adjudge and condemn the same as lawful prize, according as the cafe shall appear to him or them, upon perusal of such preparatory examinations, and also of the other papers and writings found, taken in or with such capture, if any papers or writings shall be found; and in cafe such claim shall be duly entered or made, and security given thereupon, according to the tenor and true meaning of this act, and there shall appear no occasion to examine any witnesses jm nation, &c. other than those who shall be then near to such court of admito h^d an*d raJty, that then such judge or judges shall forthwith, cause such, made within witnesses to be examined within the space often days after such jo.<Uya. claim

Monition to
be issued and
executed in
3 days after

If no claim
thereupon be

or security given by the claimant,

the judge to proceed forthwith to sentence.

If claim be en tered and security given, and witnesses be near, exa,

claim made and security given, and proceed to such sentence as

aforesaid touching such capture; but in case upon making or

entering such claim, and the allegation and the oath thereupon,

or the producing such papers or writings as shall have been found ^ ^ Walirv

or taken in or with such capture, or upon the said preparatory Gf tlie captUre

examinations, it shall appear doubtful to the judge or judges of shall appear

such court of admiralty, whether such capture be lawful prize doubtful, and

or not, and it mall appear necessary, according to the circum- {f^li^t^afin^*

stances of the cafe, for the clearing and determining such doubt, tlhe^ ji^ht,"*8

to have an examination, upon pleadings given in by the parties,

and admitted by the judge, of. witnesses that are remote from

such court of admiralty, and such examination (hall be desired,

and that it be still insisted, on behalf of the captors, that the

said capture is lawful prize, and the contrary be still persisted

in on the claimants behalf, that then the said judge or judges the judge shall

shall forthwith cause such capture to be appraised by persons to \^ec*P~

be named by the parties, and appointed by the court, and sworn poised, 6 3P"

truly to appraise the same according to the best of their skill and

knowledge; for which purpose, the said judge or judges shall j£{Je'unlo^ed

cause the goods found on board to be unladen, and (an inven- an(j lodged in

tory thereof being first taken, if the judge or judges (hall think ware houses,

necessary, by the marshal of the admiralty, or his deputy) shall anci an inven

cause them to be put into proper warehouses, with separate locks [°]»Je^ea

of the collector and comptroller, of the customs, and where 1 1

there is no comptroller, of the naval officer, and the agents or

persons employed by the captors and claimants, at the charge of

the party or parties desiring the same; and (hall, after such and upon fe

appraisement made, and within the space of fourteen days after curity for full

the making of such claim, proceed to take good and sufficient vtalue ^ken of

security from the claimants to pay the captors the full value 1 lman s'

thereof, according to such appraisement,, in case the lame shall

be adjudged-lawful prize; and shall also proceed to take good and for costs,

and sufficient security from the captors to pay such costs as the °*the captors,

court (hall think proper, in cafe such ship shall not be condemned

as lawful prize; and after such securities duly given, the said shall make

judge or judges (hall make an interlocutory order for releasing j^se^^e"

or delivering the fame to such claimant or claimants,..or.his or capUlre to

their agents, and the some (hall be actually released or delivered claimant.

accordingly. . .

XV1IL And it is hereby further enacted by the authority afore- Claimant resaid, That if any claimant or claimants shall refuse to give such ^lmna.nci security, the judge or judges (hall cause the captor or captors su^h°securit^ in like manner to give..good and sufficient security to pay-the' said claimant or. claimants the full value thereof, according to the appraisement, in case any such capture or captures shall . be adjudged not to be lawful prize; and the said judge or judges j^^^0 'TM*ke shall thereupon proceed to make an interlocutory order for the f^ery oTprlze releasing and delivering the fame to the said captor or captors, to captor, or their agents,

XIX. Provided always, That nothing in this act contained His Majesty shall be construed to restrain his Majesty, his heirs and success- may give fuck

A a4 orS) further rules

as he (h judge proper,

and dire5lions ors, from giving such further rnles and directions to his reoTadm^alt^ fye(^lve courts of admiralty for the adjudication and condem0 "nation of prizes, as by his Majesty, his heirs and successors,

with the advice of his or their privy council, shall be thought necessary or proper. Captures XX. And be it further enacted by the authority aforesaid,

made in Ama- That all such captures as aforesa d, which (h ill be brought into rica, to be under the joint care os the officers ot the customs and captors, till condemned or acquitted there.

Upon condemn ad on, prize to be delivered to the captors.

any ot his Majesty's dominions in America, in order to be proceeded against to condemnation in any of his Majesty's viceadmiralty courts, (hall, without breaking bulk, stay there, and be under the joint care and custody of the collector and comptroller of the custom*, or, where there is no comptroller, of the naval officers of the port or place where the fame (hail be brought, and of the captors thereof, or their agents; subject to the directions of the court of vice-admiralty, until the fame (hall, by rinal sentence, have been either cleared and discharged, or adjudgedand condemned as lawful prize, or that such interlocutory order as aforesaid shall have been made for the releasing or delivering of the same; and, upon the condemnation or adjudication therejf as lawful prize, (hall, in cafe the fame were taken by any private ship or mips commissioned as aforesaid, be immediately delivered unto the captors thereof, or their agents, to be by them disposed os as their goods and chattels; and in cafe the fame were taken by any of his Majesty's ships of war, unto such person or persons, and to be disposed of and divided as his Majesty by his proclamation hath already ordered and directed, or his Majesty, his heirs and successors, {hall, by proclamation or proclamations hereafter to be issued for those purposes, order and direct.

XXL And be it further enacted by the authority aforesaid, writingsfound That all books papers, and writings, found in any ship or on board any veffe} taken as pnze, shall without delay be brought into the registry of the court of admiralty wherein such ship or vessel may be proceeded against in order to condemnation; but that such only of the said books, papers, and writings, (hall be made use of and translated as shall be agreed or insisted upon by the proctors of the several parties, captors or claimants, or, in cafe of no claim, by the captor or register, to be necessary for ascertaining the property of such ship or vessel, and cargo thereof.

XXII. And be it further enacted by she authority aforesaid, That if any judge or judges, or other officer or officers, in any of his Majesty's plantations or dominions abroad, to whom respectively it (hall appertain, (hall delay the doing, performing, making, or pronouncing, any of the several proceedings, matters, or things, for, towards or relating to, condemning or discharging, releasing or delivering, of any such capture in manner aforesaid, within the respective times herein-before limited, or as soon as the fame, or any of them, ought to be done, according to the tenor and true meaning of this act; all *nd every such judge and judges, and other officer and officers,


Books and

prize, bow to be disposed of.

Judge, or other officer, in America, Sec. guilty os neglect or de Jay in executing his duty,

forfeits 500 /.

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