his feal of of fice thereto.

Agents to pay the expences

pies of all let- within three calendar months next after the same, make out and ters of attor- tranfcribe true copies of all and every fuch letter and letters of ney registered in their courts. attorney as shall be so registered in the faid court or courts, to Judge to affix which the judge and judges of the faid court and courts hall affix his and their seal of office; and then the faid register and regifters shall tranfinit the fame to the treasurer of the faid royal hospital at Greenwich, to be there registered, and to be inspected by any person gratis; the charges of which copies, and affixing the feal or feals thereto, and tranfmitting the fame to the treafurer of the said hospital, thall be paid by the faid agent or agents at the time of making fuch regiftry as aforefaid: and in cafe fuch register or registers thall neglect or refufe to tranfcribe and tranfmit fuch copy and copies of the faid letter and letters of attorney, in manner aforefaid, (if any fhip or fhips in that time fhall fail from fuch port or place to any port or ports in Great Britain), fuch register and registers, fo neglecting or refufing, shall forfeit the fum of five hundred pounds, to be recovered by him or them who will fue for the fame, by action of debt, bill, plaint, or information, in any court of record in Great Britain or America, or elsewhere 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.

thereof.

The faid co

XXXVII. Anà, for the more effectual making fuch letters of atpies, when re. torney evidence of the agency of the perfon or perfons to whom the fame giftered by the fall be made, be it further enacted by authority aforefaid, That faid treasurer, true copies of fuch letter and letters of attorney, and of tranfto be deemed cripts, under feal, tranfmitted by the faid regifter or registers of agency of fuch the court and courts of admiralty in his Majefty's plantations in perfons. America, and elfewhere within his Majefty's dominions, and

evidence of the

of the time

payment of the shares to

registered by the faid treasurer of Greenwich Hospital, thall, from time to time, and at all times hereafter, be good and fufficient evidence of the agency of the perfon or perfons to whom fuch letter of attorney is or fhall be made; and from time to time, and at all times hereafter, fhall be admitted, without further or other proof thereof, to be legal evidence, in all his Majefty's courts of record of law or equity; any law, cuftom, or ufage, to the contrary thereof in any wife notwithstanding.

Agents to give XXXVIII. And be it further enacted by the authority aforefaid, publick notice That after the fale or fales of any prize or prizes, which have appointed for been or fhall be taken from the enemy by any of his Majesty's fhips of war, publick notification, in manner herein-after mentioned, fhall be given by the perfons or agents appointed as the captors; aforefaid, for the payment of the feveral fhares to the captors aforefaid; that is to fay, if the prize or prizes fhall have been or shall be condemned in his Majefty's high court or other court of admiralty in Great Britain, then the perfon or perfons, agent or agents, appointed or to be appointed in pursuance of this act, for the appraisement and fale of fuch prize or prizes, fhall infert and publish, or cause to be inferted and published, such notification, under his or their hand or hands refpectively, in the London Gazette; and if condemned in any court or courts of

admiralty

1.
the customs

tion shall be

admiralty or vice-admiralty in any other of his Majefty's dominions, then fuch perfon or perfons, agent or agents as aforefaid, fhall infert and publish, or caufe to be inferted and published, fuch notification, under his or their hand or hands respectively, in the Gazette, or fome other newspaper of publick authority, of the island or place where the prize or prizes shall have been or shall be condemned; and if there fhall be no Gazette, or fuch other newspaper publifhed there, then in fome or one of the most publick newspapers of fuch ifland or place; and all perfons and hall delior agents publishing, or caufing to be publifhed, every fuch no- ver to the coltification refpectively, fhall deliver to the collector, cuftomer, or tor, &c. of searcher, for the time being of his Majefty's cuftoms refiding at two of the or belonging to the port or place where the prize or prizes thall newspapers have been or fhall be condemned, or the lawful deputy or de- &c. in which puties of fuch collector, cufiomer, or searcher; and if there shall fuch notificabe no fuch collector, cuftomer, or fearcher, then fuch perfons inferted; or agents as aforefaid fhall deliver, to the principal officer or officers of the port or place where the prize or prizes fhall have been or shall be condemned, or to the lawful deputy or deputies of fuch principal officer or officers, two of the Gazettes or other newspapers in which fuch notifications fhall be fo inferted and published; and if there fhall not be any publick newspapers in any fuch ifland or place, then fuch perfon or perfons, agent or agents, shall give two fuch notifications in writing, under his or their respective hand or hands, to the faid collector, customer or fearcher, or the deputy or deputies of fuch collector, customer, or fearcher, or where there fhall be no fuch collector, customer, or fearcher, to fuch principal officer or officers, or his or their deputy or deputies, aforefaid: and every fuch collector, cufto- who shall submer, or fearcher, and principal officer or officers, or fuch deputy fcribe the or deputies, shall subscribe his or their name or names on some transmit one confpicuous part of both the faid Gazettes, newspapers, or of them to the written notifications respectively, and by the first ship which treasurer of fhall fail (after his or their receipt of fuch Gazettes, newspapers, Greenwich or written notifications refpectively) from fuch port or place to Hofpital, to any port of Great Britain, fhall tranfmit or fend, to the treasurer of the royal hofpita! at Greenwich, or the deputy of fuch treafurer, for the time being, one of the faid Gazettes, newspapers, or written notifications, with his or their name or names fo fubfcribed to and upon the fame refpectively, to be there regiftered; and fhall faithfully preferve and keep the other of the faid two Gazettes, newspapers, or written notifications, with his or their name or names thereon fubfcribed as aforefaid, in his or their custody; and that in every fuch printed or written notification as aforefaid, the faid perfon or perfons, agent or agents, shall infert or fpecify his or their place or places of abode, and the precife day of the month and year appointed for the payment of the feveral and refpective thares of the prize or prizes to the captors: and all fuch notifications, with refpect Notifications to prizes condemned or to be condemned in Great Britain, hall relating to be published in the London Gazette three days at least before demned in

fame, and

be there re

giftered.

prizes con

any...

;

Great Britain any part or parts, fhare or proportion, of any fuch prize or to be published in the London prizes, fhall be paid to any perfon or perfons intitled thereto Gazeite, three and all fuch notifications, with refpect to prizes condemned or days before to be condemned in any other part of his Majefty's dominions, any thare hall thall be delivered to the faid collector, cuftomer, or fearcher, or be pad, &c. principal officer or officers aforefaid respectively, or fuch refpective deputy or deputies, three days at leaft before any part or parts, share or proportion, of any fuch prize or prizes fhall be paid to any perfon or perfons intitled thereto : after which feveral and refpective notifications, if any man's thare fhall remain in the hands of the perfons or agents appointed as aforefaid, either belonging to fuch men as thall be run from his Majefty's service, or which fhall not be legally demanded within three years, then fuch thare or fhares fo remaining in the perfons or agents hands, or belonging to fuch men as shall run from his Majesty's fervice, fhall go and be paid to the use of Greenwich Hofpital.

Shares of run
and of

men,
fuch as thall
not be de-

manded with.

in 3 years, to

be paid to Greenwich Hospital.

taken by his

Any agent for XXXIX. And be it further enacted by the authority aforeappraitement faid, That if any perfon or agent, appointed, or to be appointed, or fale of prizes for appraisement or fale of any prize or prizes, taken, or to be Majefty's hips taken, from the enemy, by any of his Majefty's fhips or veffels of war, &c. of war, or for the diftribution of any bounty-money, fhall negwho fhall neglect or refufe to publish, give, or deliver, any notification herelect to publish in directed or required to be publifhed, given, or delivered, or cations before fhall not publish, give, or deliver, any fuch notification, before payment, shall the payment of any part of fuch prize or bounty-money, and withforfeit 100

proper notifi

in the times herein refpectively limited, or in the manner herein appointed; or shall not ipecify or fet forth, in fuch notification, the matters and things hercin directed to be specified and set forth; every such perfon or agent fhall, for every fuch offence, forfeit and pay the fum of one hundred pounds, to be recovered by action of debt, bill, plaint, or information, in any of his Majesty's courts of record in Great Britain or America, or elfewhere in any of his Majefty's dominions, in which no effoin, protection, privilege, wager of law, or more than one imparand collector, lance, fhall be allowed: and if any collector, customer, or &c. of the fearcher, of his Majefty's customs, or principal officer or oflecting to at- ficers, or fuch deputy or deputies as aforefaid, fhali neglect or telt or tranfmit refuse to receive or to atteft, or shall not tranfmit or fend, any the fame, fhall fuch Gazette, newspaper, or written notification, as aforefaid, be liable to the in fuch manner as is before directed, every such collector, fame penalty. cuftomer, or fearcher, principal officer or officers, or fuch de

customs neg

Notifications tranfmitted

puty or deputies, fo offending, fhall, for every fuch offence, forfeit the fum of one hundred pounds, to be fued for and recovered in the fame manner as the above penalty is directed to be sued for and recovered.

XL. And be it further enacted by the authority aforefaid, That the notifications in all fuch gazettes, newspapers, and attefted as and in writings refpectively, as aforesaid, which fhall be fo tranfmitted and attefted by fuch collector, cuftomer, or fearcher, or principal officer or officers, or fuch deputy or deputies as

aforefaid, and registered at Greenwich

Hospital, shall

aforefaid,

be deemed

aforefaid, and registered at the faid royal hofpital, on proof of Hofpital, fhall
the hand-writing of fuch collector, cuftomer, fearcher, princi- evidence of the
pal officer or officers, or deputy or deputies, from time to time, agency of the
and at all times, thall be good and fufficient evidence, in all perfons there-
his Majesty's courts of law and equity, that the perfon or per- in mentioned.
fons, whose name or names is or are therein set forth and spe-
cified as the agent or agents for the prize or prizes therein re-
spectively mentioned, is or are fuch agent or agents.

ers of the navy

may purchase,

port by the

XLI. And whereas great numbers of ships of neutral nations Commiffion. may pass the feas laden with naval ftores, intended to be carried to the ports of France, whereby his Majefly's enemies may not only be for the King's enabled and encouraged to fit out and arm privateers to defroy the ufe, naval trade of his Majesty's fubjects, but may also be supplied with mate- flores on board rials to build and fit out hips of war, to annoy and invade his Ma- neutral hips brought into jefty's dominions: and whereas divers fhips of neutral nations, laden as aforefaid, may be taken and brought into the ports of Great Bri- King's thips or tain, and the purchase of fuch naval ftores, laden on board fuch fhips privateers. of neutral nations, for the fervice of his Majefty, may in many cafes be expedient, without proceeding to the condemnation thereof; be it therefore further enacted by the authority aforefaid, That it fhall and may be lawful to and for the principal officers and commiffioners of his Majesty's navy for the time being, or their officers or agents, during the continuance of the prefent hoftilities with France, to purchase, on the account or for the service of his Majefty, his heirs and fucceffors only, all or any fuch naval ftores found on board any fuch fhips of neutral nations, which have been, fhall, or may hereafter be brought into any of the ports of this kingdom, by any of his Majefty's fhips or veffels, or by any private hips or veffels of war, or other ships or veffels having commissions or letters of marque; and that the commiffioners and officers of the customs for the time being shall and may permit and fuffer fuch naval ftores, fo purchased as aforefaid, to be entered and landed within any of the ports of this kingdom; any thing in an act of parliament, Act 12 Car, 2. paffed it the twelfth year of his late majefty King Charles the notwithstandSecond, intituled, An act for the encouraging and increasing of shipping and navigation, contained to the contrary thereof in any wife notwithstanding.

ing.

the captors,

XLII. And, as a further encouragement to the officers, fea- Bounty momen, marines, foldiers, and others, on board his Majefty's ney payable to hips of war, as alio of privateers, to attack, take, and deftroy, by the navyany hips of force belonging to the enemy; be it enacted by office, for all the authority aforefaid, That there (hall be paid, by the trea- men on board furer of his Majesty's navy, upon bills to be made forth by the the enemies hips taken or commiffioners of the navy, to be paid according to the course deltroyed. thereof, without fee or reward, unto the officers, feamen, marines, foldiers, or others, who fhall have been actually on board any of his Majefty's fhip or fhips of war, or privateer or privateers, at the taking, or finking, or burning, or otherwife destroying, any fhip or fhips of war belonging to the enemy, fince the twenty-ninth day of July, one thousand seven hundred VOL. XXXII.

B b

and

Numbers to

be ascertained upon oath ;

and a certif. cate granted thereof, and produced to the commiffio

and seventy-eight, five pounds for every man who was living on board any thip or fhips fo taken, funk, burnt, or otherwise deftroyed, at the beginning of the attack or engagement between them; the numbers of fuch men to be proved by the oaths of three or more of the chief officers or men which were belonging to the faid fhip or fhips of war or privateers of the enemy, or belonging to any of them, at the time of her or their being taken as prize, funk, burnt, or otherwife deftroyed, before the mayor, or other chief magiftrate, of the port within. any of his Majefty's dominions whereunto any prize, or officers or men of such fhips, as were funk, burnt, or otherwise deftroyed, fhall be brought; or before the British conful or viceconful refiding at any neutral port to which fuch prize, or officers or men, thall be brought; which oaths the faid mayor, or other chief magiftrate, of any fuch port, or conful or vice-conful, are hereby respectively impowered and required to adminifter, and thall forthwith grant a certificate thereof, without fee or reward, directed to the commiffioners of the navy; upon producing which certificate to the commiffioners of his Majesty's navy, together with an authentick copy of the fentence or decree of condemnation of fuch fhip fo taken; or where such certificate, cannot be had and obtained, then upon producing only a copy of the sentence or decree of condemnation, whereby the number of men on board fuch fhips of the enemy thall appear to have been proved; or if fuch fhip be funk, burnt, or otherwise destroyed, on producing only a certificate from the mayor, or other chief magiftrate, or conful or vice-conful, as aforefaid, the faid commiffioners of his Majefty's navy, or fuch person or perfons as they shall appoint for that purpose, fhall, according to the course of the navy, within fifteen days, make Dividend to out bills for the amount of fuch bounty, directed to the treabe made acfurer of the navy, payable to, and to be divided amongft, the cording to officers, feamen, marines, and foldiers, on board his Majesty's proporcion fettled by pro- fhips of war, in manner, form, and proportion, as by his Maclamation, &c. jefty's proclamation for granting the diftribution of prizes, already iffued or to be iffued for that purpose, is or fhall be directed and appointed; and amongst the owners, officers, and feamen, of any private fhip or veffel of war, in fuch manner and proportion as by any agreement in writing, they fhall have entered into for that purpose, fhall be directed.

ners of the navy, with

copy of hip's

condemnati

on; unless the hip be funk or destroyed.

Where fuch

oath and certificate cannot had at the first port,

be made and

XLII. Provided neverthelefs, That in all cafes where fuch oath and certificate cannot be adminiftered and granted at the first port whereunto any prize, or officers or men of fuch thips as have been, or thall be taken, funk, burnt, or otherwife detroyed, fhall be brought, fuch oath or oaths, relating to any prize or prizes that fhall be taken, or to any fhips of his Majefty's enemies that fhall be funk, burnt, or otherwise destroyed, as aforefaid, fhall and may be administered and taken by and before the mayor, or other chief magiftrate, of any port within be done at any any of his Majefty's dominions, or by or before the Eritish conful, or vice-conful, refiding at any neutral port whereunto any

the fame may

other port

prize