hall, for every fuch offence, forfeit the fum of five hundred

pounds; one moiety thereof to his Majesty, his heirs and fuc

ceffors, and the other moiety thereof, with full cofts of fuit, to with full cofts fuch person or perfons who fhall inform or fue for the fame in of suit. any of the courts in or for any of his Majefty's colonies or plantations, or in any of his Majefty's courts of record within his kingdom of Great Britain.

nation of

Prizes

tons, sol.

XXIII. And be it further enacted by the authority aforefaid, Fees of court That there shall not be paid, unto or among all the judges and on cond-m officers of fuch court of admiralty in any of his Majefty's plan- penin tations or dominions abroad, for, towards, or relating to, the America, &c. adjudging or condemning of fuch capture as aforefaid as lawful prize, above the fum of ten pounds, in cafe fuch prize, fhip, for veffels or vessel, be under the burthen of one hundred tons; nor above under 100 the fum of fifteen pounds, in case the same be of that or any for all above, greater burthen; and that upon payment of either of the faid 156 refpective fums, as the cafe thall require, to the faid judge or Upon payment judges, or any of them, to be by him or them difpofed or di- of the fees, vided, as he or they fhall think fit, among the officers of fuch judges, &c. court, fuch judges and officers, and every of them, thall be li- liable to the able to all and every the feveral penalties hereby impofed for above penalties for neglect neglecting or delaying to do and perform their several and re- or delay of fpective duties or offices, in and relating to the feveral proceed- duty. ings aforesaid, within the refpective times herein for that purpose limited.

XXIV. Provided nevertheless, and it is hereby further enacted Judgement of by the authority aforefaid, That if any captor or captors, claim- the court may ant or claimants, fhall not reft satisfied with the fentence given from be appealed in fuch court of admiralty in any of his Majefty's plantations or dominions abroad, it thall and inay be lawful for the party or partics thereby aggrieved, to appeal from the faid court of admiralty to the commiflioners appointed, or to be appointed, under the great feal of Great Britain, for receiving, hearing, and determining, appeals in caufes of prizes; fuch appeal to be interposed and received in the like manner as appeals have been ufually interpofed and received from the high court of admiralty within this kingdom; fo as the fame be made within fourteen Appeal to be days after fentence, and good fecurity be likewife given by the made within appellant or appellants, that he or they will effectually profecute fentence, and 14 days after fuch appeal, and anfwer the condemnation, and alfo pay treble fecurity to be cofts, as fhall be awarded, in cafe the fentence of fuch court of given to proadmiralty be affirmed; any thing in this act before contained to the contrary hereof in any wife notwithstanding.

fecute the

lame, &c.

XXV. Provided always, That the execution of any fentence Execution of fo appealed from as aforesaid, fhall not be fufpended by reafon fentence not of fuch appeal, in cafe the party or parties appellate hall give ed thereupon, to be fufpend. fufficient fecurity, to be approved of by the court in which fuch if the appellate fentence shall be given, to restore the fhip, veffel, goods, or give fecurity effects, concerning which fuch fentence fhall be pronounced, or for veffels &c. the full value thereof, to the appellant or appellants, in cafe or value, the fentence fo appealed from shall be reversed.

XXVI. And

Perfon, who

XXVI. And be it enacted, That in cafe any perfon, who was not a par- was not a party in the first inftance of the cause, fhall inty in the first terpofe an appeal from a fentence given in any admiralty court, inftance, interpofing an fuch perfon, or his or her agent, fhall at the fame time enter appeal, is to his or her claim, otherwife fuch appeal fhall be null and void. enter his claim XXVII. And be it further enacted by the authority aforefaid, at the fame That in cafe any appeal fhall be interpofed from a sentence given time. In cafe of ap. in any admiralty court concerning any ship, veffel, or goods and peal, the judge effects, which have been, or now are, or thall hereafter be feized may, at the re- or taken as prize, that then and in such case the judge of fuch queft, &c. of court of adiniralty hall and may, at the request, costs, and the captor or charges, either of the captor or claimant, or of the claimant the capture to only, in cafes where the privilege is referved in favour of the be appraised; claimant, by any treaty or treaties fubfifting between his Ma

claimant,order

full value thereof.

jefty and foreign powers, make an order to have fuch capture appraised, unlefs the parties thall otherwife agree upon the value thereof, and an inventory taken, and then take fecurity for the and deliver it full value thereof accordingly; and thereupon caufe fuch capto either party ture to be delivered to the party giving fuch fecurity, in like who shall give fecurity for the manner as is herein-before enacted, notwithstanding fuch appeal: and if there shall be any difficulty or fufficient objection to the giving or taking of security, the faid judge fhall, at the reIn cafe of ob- quest of either of the parties, order fuch goods and effects to be jection to tak- entered, landed, and fold by publick auction, under the care and ing fecurity, cuftody of the proper officers of the customs, and under the dithe judge shall it either party rection and infpection of fuch perfons as fhall be appointed by request it, or the claimants and captors; and the monies arifing by fuch fale der the effects fhall be depofited in the bank of England, or in fome publick to be fold by fecurities, and in the names of fuch trustees as the captors and auction, &c. claimants fhall jointly appoint, and the court hall approve, for Produce of the the ufe and benefit of the parties who fhall be adjudged to be intituled thereto; and if fuch fecurity thall be given by the claimants, then it is hereby alfo enacted, that fuch judge fhall give to fuch captured fhip or veffel a pafs, to prevent its being taken again by his Majesty's subjects in its destined voyage.

fale to be depofited in the bank, &c.

Penalty on XXVIII. And be it further enacted by the authority aforesaid, every judge, That no judge, regifter, or deputy register, marshal, or deputy regifter, or marshal, or any other officer whatfoever, of or belonging to other officer any court of admiralty, or vice-admiralty, in Great Britain or belonging to any court of Ireland, or in any of his Majefty's colonies and plantations in admiralty, America, or in any other of his Majefty's dominions, nor any who fhall be perfon or perfons practising either as advocate, proctor, or otherinterested in wife, in any fuch court or courts, fhall be concerned or inteany privateer. refted, directly or indirectly, as owner, part-owner, fharer, or adventurer, in any private thip or thips, or veffel or veffels of war whatsoever, having any commitlion or commiffions as aforefaid; and in cafe any such judge, register, deputy register, marthal, deputy marshal, or other officer, advocate, or proctor whatsoever, fhall, notwithstanding this act, be directly or indirectly concerned or interefted as aforelaid, fuch judge, register, deputy register, or marshal, deputy marshal, or other officer re

a

spectively

spectively, fhall, for fuch offence, (being thereof lawfully convicted, either upon information or indictment in any of his Majefty's courts of record, or at any general or quarter feffion of the peace), abfolutely forfeit his office and employment in and belonging to any such court of admiralty, or vice-admiralty, of what kind or nature foever fuch office or employment may happen to be, and fhall alfo forfeit and pay, to the use of his Majefty, his heirs and fucceffors, the fum of one hundred pounds; and every such advocate or proctor refpectively fhall, for fuch laft-mentioned offence, (being thereof lawfully convicted in manner aforefaid), be from thenceforth abfolutely disqualified, and rendered for ever incapable of practising, either as an advocate or proctor, in any of his Majefty's courts of admiralty or vice-admiralty wherefoever.

in,

40

XXIX. And be it further enacted by the authority aforefaid, If any register, That no regifter or deputy regifter, or any marthal, or deputy belonging to marthal, &c. marshal, of or belonging to any of his Majefty's courts of ad- any court of miralty, or vice-admiralty, whatfoever, fhall either directly or admiralty, indirectly, by himself or themfelves, or by any agent or agents, fhall act as or other perfon or perfons whatfoever, act or be concerned in proctor there. any manner, either as an advocate or proctor, in any cause, matter or business whatfoever, that fhall be depending in any fuch court or courts of admiralty, or vice admiralty, to which fuch regifter, deputy regifter, marfhal, or deputy marthal, fhall then belong; and that every regifter, deputy regifter, marfhal, he fhall forfeit or deputy marshal, who fhall be guilty of fuch offence, (being thereof lawfully convicted, either upon an information or indictment, in manner aforefaid), fhall from thenceforth abfolutely forfeit his respective office and employment of regifter, deputy regifter, marshal, or deputy marshal, in and belonging to the fame court.

his office.

XXX. And be it further enacted by the authority aforefaid, Captors breakThat if any commander or commanders, officer or officers, ing bulk, or feamen, marines, foldiers, or others, fhall break bulk on board, the effects, to embezzling or embezzle any of the money, jewels, plate, goods, merchan- forfeit treble dize, tackle, furniture, or apparel, of or belonging to any prize value; or prizes, fuch commander, officer, feaman, marine, foldier, or others, fhall forfeit treble the value of all fuch money, jewels, plate, goods, merchandize, tackle, furniture, or apparel, as he or they fhall embezzle; one third part thereof to be to one third to the ufe of Greenwich Hofpital, and the other two third parts. Greenwich thereof to him or them that will fue for the fame, by action of hofpital, and debt, plaint, or information, in any court of record in Great to the profeBritain; in which no effoin, protection, or wager of law, or cutor. more than one imparlance, fhall be allowed.

:

the other two

taken by the

XXXI. And be it further enacted by the authority aforefaid, AppraiseThat all appraisements and fales of any fhip or thips, goods, ments and wares, or merchandizes, as fhall be taken by any of his Ma- fales of prizes efty's fhips of war, fhall be made by agents or perfons nomi- King's fhips, hated and appointed, in equal numbers, by the flag officers or to be made by lag officer, captains or captain, officers or officer, fhips' com- the agent for panies the officers

and crews

the capture.

;

panies or fhip's company, and others, intitled thereunto concerned in that is to fay), that if the flag officers or flag officer of any fleet or squadron of ships, as shall take any fuch prize or prizes, (or the majority of luch flag officers, if more than one), shall nominate and appoint one or more perfon or perfons agent or agents to fell or appraise the fame, as aforefaid, then the captains and commanders, or captain and commander, intitled thereunto, or the majority of them, (if more than one), fhall nominate and appoint the like number of perfons or agents to act for them; and all the other officers, under the degree of a captain and commander, intitled thereto, or the major part of them, fhall alfo nominate and appoint the like number of persons or agents to act for them; and all the crews of the feveral ships companies of the fleet or fquadron, or fhip's company, and others, intitled thereto, or the major part of them, fhall likewife nominate and appoint the fame number of perfons or agents. to act on their behalf in such appraisement or fale.

The above

claufe not to extend to pri

vateers.

Agents to exhib't and re

their letters of

Court where

XXXII. Provided, That nothing herein contained fhall extend, or be conftrued to alter or make void any agreement or agreements made, or to be made, in writing, between the owners, officers, and feamen, of any private fhips or veffels of war. XXXIII. And be it further enacted by the authority aforefaid, That all and every perfon or perfons who fhali be fo gifter, withir a nominated and appointed agent or agents as aforefaid, for any Imit d time, prize or prizes, taken by any fhip or hips, veffel or veffels of attorney in the war, or by any merchant hip or flips employed in his Majesty's fervice, or having letters of marque, or for receiving the bounty the prize shall herein-after granted, and which prize or prizes fhall be conbe condemn demned in the high court of admiralty in Great Britain, or in ed, on penalty any of the courts of admiralty in any of his Majefty's plantations of 500 1. in America, or in any other his Majefty's dominions where the faid prize and prizes, and every of them, thall be condemned, fhall exhibit, and caufe to be registered, 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 where the faid prize and prizes, and every of them, fhall be condemned, his or their refpective letter or letters of attorney, appointing him or them agent or agents for the purposes afore. faid; and if any perfon or perfons, fo appointed agent or agents. as aforesaid, thall refufe or neglect fo to do for the fpace of fix calendar months next after fentence of condemnation of any prize fhall be given in the faid high court of admiralty in Great Britain, or in America, or other his Majelly's dominions for the care and distribution of which he or they fhall be appointed agent or agents, fuch perfon or perfons, fo refufing or neglecting, fhall forfeit the fum of five hundred pounds, to be recovered, by him or them who fhall fue for the fame, by action of debt, bill, plaint, or information, in any court of record in Great Britain, America, or in any other of his Majefty's dominions; in which no effoin, protection, or wager of law, or more than one imparlance, fhall be allowed.

XXXIV. And

prizes taken

XXXIV. And be it further enacted by the authority afore- Regifters in faid, That the regifter or regifters of his Majefty's high court all courts of admiralty to of admiralty, and of all other courts of admiralty in Great enter all letBritain, and other his Majefty's dominions, thall, from time to ters of attortime, duly enter or register, or cause to be entered or registered, ney delivered in one or more book or books, to be by him or them kept for to them, by that purpose only, all letters of attorney that fhall be exhibited any agent for or delivered to them after the twenty-fourth day of June, one by his Majefthousand seven hundred and feventy-nine, by any agent or ty's fhips, &c. agents for any prize or prizes taken or to be taken, by any of within 14 days after delivery; his Majesty's hips or veffels of war, or by any agent or agents for the receipt and diftribution of any bounty bill or bills, within fourteen days after the fame fhall be fo exhibited or delivered to such regifter or regifters, at his or their refpective offices; which registry hall contain the days of delivery and entry, the dates of the letters of attorney, the names and places of abode of the agents, the names of the prizes taken, or of the ships of war or privateers of the enemy taken, burnt, funk, or otherwife deftroyed, together with the names of the thips or veffels by which fuch prizes fhall have been taken, or by which such ships of war or privateers of the enemy fhall have been taken, burnt, funk, or otherwife deftroyed, together with the date of the condemnation, and of appeal, if any interpofed; and the register and to tranf or registers shall, on the twenty-fixth day of December, and the thereof, halftwenty-fifth day of June, or within forty days thereafter, in yearly, to the every year, tranfmit or deliver unto the treasurer of the faid treasurer of hofpital, or to the lawful deputy of such treasurer for the time Greenwich Hospital; being, a true copy or tranfcript, under his or their hand or hands, of all fuch entries as aforefaid within the preceding half year; and if fuch regifter or registers fhall neglect or refufe to make or keep fuch entries, or to tranfmit or deliver fuch copies thereof, as aforefaid, within the refpective times herein-before limited for that purpofe, he or they fhall, for every fuch offence,

mit copies

forfeit the fum of one hundred pounds, to be recovered by on forfeiture action of debt, bill, plaint, or information, in any of his of 1007. Majetty's courts of record, in which no effoin, protection, privilege, wager of law, or more than one imparlance, fhall be allowed.

XXXV. Provided always, That if any agent or agents fhall Agent ap. be appointed after the time any fentence of condemnation in pointed after

condemnation

any of the faid courts of admiralty fhall be given, fuch agent or of prize, to reagents fhall, under the aforefaid penalty, regifter, or caufe to gitter his letbe registered, in manner aforefaid, his or their respective letters ters of attoror letter of attorney, appointing him or them agent or agents as ney in like aforefaid, within the space of fix calendar months after the date manner, &c. of the faid letter or letters of attorney.

XXXVI. And be it further enacted by the authority aforefaid, Regifters, on That the register or regifters of all and every the court and penalty of courts of admiralty in any of his Majefty's plantations in Ame- mit yearly to 500l. to tranfrica, or elsewhere in any other of his Majefty's dominions, fhall the treasurer yearly and every year, upon the twenty-third day of October, or of Greenwich within Hofpital, co