his or their hand or hands, gratis, to fuch commander; which certificate fhall be deemed a neceffary clearance before fuch private ship or veffel thall be permitted to fail from that port: and if the commander of any fhip or veffel, for which any Penalty on commiffion fhall have been granted or iffued in pursuance of commander leaving port this act, fhall depart with fuch thip or veffel from fuch port of without a cer- clearance before he hath received fuch certificate, or fhall detificate, &c. part from any fuch port, or proceed upon a cruize, with a force inferior to the force specified in fuch commiffion, or required by this act, in every fuch cafe the commiffion for fuch fhip or veffel (hall from thenceforth be abfolutely null and void, and the commander fo offending, being convicted thereof before any court of admiralty, fhall be imprifoned, without bail or mainprize, for fuch fpace of time as the faid court fhall direct, not exceeding one year for any one offence.

cate.

Penalty on XI. And be it further enacted by the authority aforefaid, That collector, cufif any collector, cuftomer, or fearcher, of his Majesty's customs, tomer, &c. for granting a or his or their lawful deputy or deputies, shall grant a certificate falfe certififor any ship or vessel which thall not be of the burthen and force specified in the commiffion granted to the commander or commanders thereof, or of a greater burthen or force than fhall be mentioned in fuch commiffion, he fhall, for fuch offence, forfeit his said office, and be for ever after incapable of holding any office in the customs; and fhall alfo forfeit the fum of one hundred pounds, to be recovered, by any person or perfons who will fue for the fame, by action of debt, bill, plaint, or information, in any of his Majefty's courts of record at Westminster, in which no effoin, protection, wager of law, or more than one imparlance, fhall be allowed; and one moiety of the said penalty of one hundred pounds, when recovered, thall 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 fupport of fick, maimed, and difabled feamen, and of the widows and children of fuch as fhall be killed, flain, or drowned, in the merchants fervice, for the ufe of fuch corporation; or where such forfeitures fhall be incurred in any of the out-ports in which a corporation is established, or fhall hereafter be established, for the purposes aforefaid, then a moiety of such penalty shall be paid to the trustees for the use of the corporation fo eftablished.

Provifo for af

tonnage,

XII. Provided always, That the number of tons so to be certaining the certified, be afcertained according to the rules laid down by an act paffed in the eighth year of the reign of her late majesty Queen Anne, intituled, An act for making a convenient dock, or bafon at Liverpool, for the fecurity of all ships trading to or from the faid port of Liverpool.

If the comXIII. And be it further enacted by the authority aforefaid, mander of a That in cafe at any time or times any commander or comcommiffioned ship shall agree manders of any private fhip or fhips, or veffel or veffels of war, with any per- commiffioned as aforefaid, fhall agree with the commander or son belonging commanders, or other perfon or perfons, of or belonging to to any prize any neutral or other fhip or fhips, veffel or vessels, for the rantaken, for the

fom

:

fóm of any fuch neutral or other fhip or fhips, veffel or veffels, ranfom thereor the respective cargo or cargoes thereof, or any part thereof, of, &c. after the fame fhall have been taken as prize, and fhall, in pursuance of fuch agreement or agreements, actually quit, fet at liberty, or difcharge, any fuch prize or prizes, instead of bringing the fame into fome port or ports belonging to his Majefty's dominions; that then all and every of the commander he fhall be and commanders of fuch private ship or ships, or veffel or veffels deemed a piof war, who fhall agree for any fuch ransom, and shall quit, rate, and fuffet at liberty, or difcharge, any fuch prize or prizes in manner fer accordingly. aforefaid, thall 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 admiralty, fhall have and fuffer fuch pains of death, lofs of lands, goods, and chattels, as pirates, felons, and robbers upon the feas, ought to have and fuffer according to the laws now in being.

XIV. And whereas, in all private ships of war or merchant ships Offences on that shall take out letters of marque, it is expedient, for the better dif- board privateers punishcipline and government of such ships, that all perfons who enter able in the themselves on board the said ships should be under proper regulati- fame manner ons, and pay obedience to the lawful commands of the captains and as on board chief commanders of the faid fhips; be it therefore enacted by the hips of War. authority aforefaid, That all offences committed by any officer or seaman on board any privateer or merchant hip, having taken letter of marque, during the prefent hoftilities with France, fhall be punished in fuch manner as the like offences are punishable on board his Majesty's fhips of war.

XV. Provided always, That all offenders who shall be ac- Offenders accused of such crimes as are cognizable only by a court martial, cufed of crimes shall be confined on board fuch privateer or merchant ship car- cognizable rying letter of marque, on which fuch offence (hall be commit-only by a court-martial, ed, until they fhall arrive in fome port in Great Britain or Ireland, to be confined or can meet with fuch a number of his Majesty's fhips of war on board, &c. abroad as are fufficient 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 commiffioners for executing the office of lord high admiral of Great Britain, for the time being, or the commander in chief of his Majefty's faid fhips of war abroad, the faid lord high admiral, or commiffioners for executing the office of lord high admiral of Great Britain for the time being, or any three or more of them, or fuch commander in chief abroad, are hereby authorised and required to call a court-martial for trying and punishing the faid offences.

la s and re

gulations esta

XVI. And whereas good and necessary laws have been made, and Privateers are ftill in force, within feveral of his Majesty's colonies or plantations fubject to the in America, for preventing the carrying off from the faid colonies or plantations any fervant or flave without the confent of the owner; or blifhed in Brithe carrying off from thence any other perfon or persons whomsoever, tith colonies in until such person shall have taken out his ticket from the fecretary's office going into the within Ports there.

A a 3

Judge to finish the prepara

tory examina

tion, with reSpect to the

Monition to

be iffued and

executed in
3 days after
requested.
If no claim

thereupon be

within fuch refpective colony or plantation, in fuch manner, and under fuch penalties and forfeitures, as in and by the faid feveral laws is declared and provided; be it therefore further enacted by the authority aforefaid, That all commanders of private thips of war or merchant ships, having letters of marque, thall, upon their going into any of thofe ports or harbours, be fubject, and they are hereby determined to be fubject, to the feveral directions, provifions, 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 fpeedy proceeding to condemnation, or other determination, of any prize, fhip, or veffel, goods or merchandizes, already taken, or hereafter to be taken, as aforefaid, and for leffening the expences that have been usual in the captures with- like cafes, be it further enacted by the authority aforefaid, That in 5 days. the judge or judges of any court of admiralty, or other perfon or perfons thereto authorifed, thall, within the fpace of five days after requeft to him or them for that purpose made, finifh the ufual preparatory examination of the perfons commonly examined in fuch 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 ufual in fuch cafes fhall be ifued, by the perfon or perfons proper to iffue the fame, and fhall be executed in the ufual manner, by the perfon or perfons. proper to execute the fame, within the space of three days after request in that behalf made; and in cafe no claim of fuch capture, fhip, veffel, or goods, fhall be duly entered or made in made within a the ufual form, and attefted upon oath, giving twenty days limited time, notice after the execution of fuch monition; or if there be fuch or fecurity claim, and the claimant or claimants shall not, within five days, given by the give fufficient fecurity (to be approved of by fuch court of adclaimant, miralty) to pay double costs to the captor or captors of such fhip, veffel, or goods, in cafe the fame fo claimed thall be adjudged lawful prize; that then the judge or judges of fuch court of admiralty fhall, upon producing to him or them the faid examinations, or copies thereof, and upon producing to him or them, upon oath, all papers and writings which hall have been found, taken in or with fuch 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 fuch capture, or to adjudge and condemn the fame as lawful prize, according as the cafe fhall appear to him or them, upon perufal of fuch preparatory examinations, and alfo of the other papers and writings found, taken in or with such If claim be en- capture, if any papers or writings fhall be found; and in cafe tered and fe fuch claim fhall be duly entered or made, and fecurity given curity given, thereupon, according to the tenor and true meaning of this act, and witneffes and there shall appear no occafion to examine any witnesses be near, examination, &c. other than those who fhall be then near to fuch court of admito be had and ralty, that then fuch judge or judges fhall forthwith cause fuch made within witneffes to be examined within the space of ten days after fuch

the judge to proceed forth

with to fentence.

10 days.

claim

claim made and security given, and proceed to such sentence as aforefaid touching fuch capture; but in cafe upon making or entering fuch claim, and the allegation and the oath thereupon,

or the producing fuch papers or writings as fall have been found If the legality or taken in or with fuch capture, or upon the faid preparatory of the capture examinations, it fhall appear doubtful to the judge or judges of shall appear fuch court of admiralty, whether fuch capture be lawful prize doubtful, and or not, and it shall appear neceffary, according to the circum- fift in litigating the parties per. stances of the cafe, for the clearing and determining fuch doubt, their right, to have an examination, upon pleadings given in by the parties, and admitted by the judge, of witneffes that are remote from fuch court of admiralty, and fuch examination fhall be defired, and that it be still infifted, on behalf of the captors, that the faid capture is lawful prize, and the contrary be still persisted in on the claimants behalf, that then the faid judge or judges the judge fhall order the capfhall forthwith caufe fuch capture to be appraised by perfons to be named by the parties, and appointed by the court, and fworn turto be appraised, truly to appraise the fame according to the best of their skill and knowledge; for which purpose, the said judge or judges fhall and the goods caufe the goods found on board to be unladen, and (an inven- and lodged in tory thereof being first taken, if the judge or judges thall think ware houses, neceffary, by the marshal of the admiralty, or his deputy) fhall and an invencause them to be put into proper warehouses, with feparate locks tory taken thereof; of the collector and comptroller, of the customs, and where there is no coinptroller, of the naval officer, and the agents or perfons employed by the captors and claimants, at the charge of

to be unloaded

the party or parties defiring the fame; and thall, after fuch and upon seappraisement made, and within the space of fourteen days after curity for full the making of fuch claim, proceed to take good and fufficient value taken of the claimants, fecurity from the claimants to pay the captors the full value thereof, according to fuch appraisement, in cafe the fame fhall be adjudged lawful prize; and fhall alfo proceed to take good and for costs, and fufficient fecurity from the captors to pay fuch costs as the of the captors, court fhall think proper, in cafe fuch ship shall not be condemned

order for re

as lawful prize; and after such fecurities duly given, the faid fhall make judge or judges (hall make an interlocutory order for releafing leafe of the or delivering the fame to fuch claimant or claimants, or his or capture to their agents, and the same shall be actually released or delivered claimant. accordingly.

XVIII. And it is hereby further enacted by the authority afore- Claimant refaid, That if any claimant or claimants fhall refuse to give fuch fufing, and fecurity, the judge or judges fhall caufe the captor or captors fuch fecurity, captor giving in like manner to give good and fufficient fecurity to pay the faid claimant or claimants the full value thereof, according to the appraisement, in cafe any fuch capture or captures thall be adjudged not to be lawful prize; and the faid judge or judges judge to make thall thereupon proceed to make an interlocutory order for the livery of prize releafing and delivering the fame to the faid captor or captors, to captor. or their agents,

order for de

XIX. Provided always, That nothing in this act contained His Majefty shall be construed to restrain his Majefty, his heirs and fucceff- may give fuch

A a 4

ors,

further rules

and directions ors, from giving fuch further roles and directions to his reto the courts Spective courts of admiralty for the adjudication and condemof admiralty nation of prizes, as by his Majesty, his heirs and fucceffors, as he fhill with the advice of his or their privy council, fhall be thought neceffary or proper.

judge proper.

Captures
made in Ame.

rica, to be un

der the joint

care of the

officers of the

cultoms and captors, till

condemned or

acquitted there.

XX. And be it further enacted by the authority aforefaid, That all fuch captures as aforefa d, which fhall be brought into any of his Majesty's dominions in America, in order to be proceeded againit to condemnation in any of his Majefty's viceadmiralty courts, fhall, without breaking bulk, ftay there, and be under the joint care and cuftody of the collector and comptroller of the customs, or, where there is no comptroller, of the naval officers of the port or place where the fame thail be brought, and of the captors thereof, or their agents; fubject to the directions of the court of vice-admiralty, until the fame fhall, by final sentence, have been either cleared and discharged, or adjudged and condemned as lawful prize, or that fuch interlocutory order as aforesaid shall have been made for the releafing or delivering of the fame; and, upon the condemnation or adjudication thereof as lawful prize, thall, in case the same were taken by any private ship or hips commiffioned as aforethe captors. faid, be immediately delivered unto the captors thereof, or their agents, to be by them difpofed of as their goods and chattels ; and in cafe the fame were taken by any of his Majesty's fhips of war, unto fuch perfon or perfons, and to be difpofed of and divided as his Majefty by his proclamation hath already ordered and directed, or his Majesty, his heirs and fucceffors, hall, by proclamation or proclamations hereafter to be iffued for thofe purposes, order and direct.

Upon con. demnation, prize to be delivered to

Books and

writings found on board any be difpofed of.

prize, how to

Judge, or other officer,

in America,

&c. guilty of neglect or de

lay in ex-cuting his duty,

XXI. And be it further enacted by the authority aforefaid, That all books, papers, and writings, found in any hip or veffel taken as prize, fhall without delay be brought into the registry of the court of admiralty wherein fuch fhip or veffel may be proceeded against in order to condemnation; but that fuch only of the faid books, papers, and writings, fhall be made use of and tranflated as shall be agreed or infifted upon by the proctors of the several parties, captors or claimants, or, in cafe of no claim, by the captor or register, to be neceffary for afcertaining the property of fuch fhip or veffel, and cargo thereof.

XXII. And be it further enacted by the authority aforefaid, That if any judge or judges, or other officer or officers, in any of his Majesty's plantations or dominions abroad, to whom refpectively it hall appertain, fhall delay the doing, performing, making, or pronouncing, any of the feveral proceedings, matters, or things, for, towards or relating to, condemning or discharging, releafing or delivering, of any fuch capture in manner aforesaid, within the refpective 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 forfeits 500 and every fuch judge and judges, and other officer and officers,

fhall,