Certificate granted there

upon to be

taken from

them,

prize or prizes, or officers or men of any fhips belonging to his Majesty's enemies as have been, or fhall be, taken, funk, burnt, or otherwife deftroyed, fhall at any time afterwards bet brought, (proof being first made, by affidavit before fuch per- Froof being fon or perfons, of the inability of making fuch oath or oaths, made of fuch inability at and obtaining fuch certificate, at the faid firft port); and the the firft port. mayor, or other chief magiftrate, conful or vice-conful, fhall thereupon grant fuch certificate and certificates as are hercinbefore directed; which certificate and certificates fhall be good and effectual to all intents and purposes, as if the fame were granted by the mayor, or other chief magiftrate, conful or vice- valid. conful, of the port to which fuch prize or prizes, officers or men, as aforefaid, fhall be firft brought; any thing herein contained to the contrary thereof in any wife notwithstanding. XLIV. Provided always, and be it enacted, That if any Prizes which ship, vessel, or boat, taken as prize, or any goods therein, fhall had been: appear, and be proved, in any court of admiralty, to have be- his Majesty's longed to any of his Majefty's fubjects of Great Britain or Ire- subjects not land, or any of the dominions and territories remaining and in rebellion to continuing under his Majefty's protection and obedience, which be restored to were before taken or furprized by any of his Majesty's enemies, and at any time afterwards again furprized and retaken from his Majesty's enemies by any of his Majefty's fhips of war, or any private man of war, or other thip, veffel, or boat, under his Majefty's protection and obedience; that then fuch fhips, veffels, boats, and goods, and every fuch part and parts thereof, as aforelaid, formerly belonging to fuch his Majefty's fubjects, fhall in all cafes be adjudged to be restored, and shall be, by decree of the faid court of admiralty, accordingly restored to fuch former owner or owners, or proprietors, he or they pay- of 1-8th part on payment ing, for and in lieu of falvage, one-eighth part of the true value of the value of the hips, veffels, boats, and goods, refpectively fo to be thereof; reftored; which falvage, if retaken from the enemy by any of his Majefty's thip or fhips of war, fhall be answered and paid to the captains, officers, and feamen, in his Majefty's faid fhip or fhis of war, to be divided in fuch manner as before in this act is directed touching the fhare of prizes belonging to the flag officers, captains, officers, feamen, marines, and foldiers, where prizes are taken by any of his Majefty's fhips of war; and if but if any fuch ship had fuch ship so retaken by any of his Majesty's fhip or fhips of war, been ufed by or by any private man of war, fhall appear to have been, after the enemy as the taking by the enemy, by them fet forth as a man of war, a man of war, the former owners and proprietors, to whom the fame fhall be a moiety of the restored, thall be adjudged to pay, and fhall pay, for falvage, the full moiety of the true value of the faid fhip fo taken and restored without deduction, as aforefaid; any law, cuftom, or ufage, to the contrary notwithstanding.

value to be

paid on refor

paid on

ing thereof.

XLV. And be it further enacted by the authority aforefaid, Bils for bounThat the bill or bills, to be made out for the bounty hereby ty money to be paid to agents, granted to the commanders, officers, feamen, marines, foldiers, and others, of his Majefty's thips of war, for taking, sinking,

B b 2

burning,

the captors.

manded with

burning, or otherwise destroying, any fhips of war, or privateers, belonging to any of his Majefty's enemies, fhall be made payable to fuch perfon or perfons as fhall be authorifed and appointed by the flag officers or flag officer, captains or captain, officers or officer, fhips' companies or fhip's company, and others, intitled thereunto, in like manner as herein before is directed for the nominating and appointing agents for appraiseand to be di- ments and fales to be made as aforefaid; the fame to be vided amongst distributed and divided, by the said perfon or perfons so authorifed and appointed, amongst the captors, in fuch manner, Shares not de- form, and proportion, as aforefaid; the feveral fhares of which captors, if not legally demanded within three years after publick notification, and alfo of such as fhall run from his Majefty's to Greenwich fervice, fhall be applied to the use of Greenwich Hofpital; Hospital. and that the bill or bills to be made out for the bounty hereby granted to privateers, for taking, burning, finking, or otherwife destroying, any fhips of war, or privateers, belonging to any of his Majefty's enemies, fhall be made payable to fuch perfon or perfons as fhall be nominated and appointed by the owner or owners, officers and feamen, of fuch privateer or privateers, who fhall have taken, funk, burnt, or otherwife deftroyed, the fame or the major part of them, to be divided in such manner and proportions as fhall have been agreed on by them as aforefaid.

in 3 years, to be paid over

Bounty mo. ney to priva. divided as agreed among

teers, to be

themselves.

Ships or mer. chandize

taken by collusion by privateers,

forfeited to his Majefty, with the bond;

XLVI. And be it further enacted by the authority aforefaid, That in case any fhip or veffel, or any goods or merchandize, fhall be taken or retaken, or restored, without being first brought to adjudication, by any privateer, through confent, or clandeftinely, or by collufion or connivance, the fhip and veffel, and goods and merchandizes, so taken or retaken, or restored, and also the ship's tackle, furniture, apparel, and ammunition, of such privateer, fhall, upon proof thereof to be made in any court of admiralty, be declared and adjudged to be good prize to his Majefty; and one moiety thereof thall be to the ufe of One Moiety his Majefty, his heirs and fucceffors, and the other moiety to to the crown the use of such person who shall discover and fue for the fame; the other to the and the bond given by the captain of fuch privateer fhall be, profecutor ; and is hereby adjudged to be, forfeited to his Majesty and in and if fo taken cafe any fuch fhip or veffel, or any goods or merchandizes by a King's fhip, the cap. as aforefaid, fhall be taken, or fo retaken or reftored, by any tain to forfeit man of war, through confent, clandeftinely, or by collufion or 1000l., connivance of the commander or captain, fuch commander or captain shall forfeit the fum of one thousand pounds; one moiety thereof to the ufe of his Majefty, his heirs and fucceffors, and the other moiety to the use of such person who fhall difcover and fue for the fame; to be recovered by action of debt, bill, plaint, or information, in any of his Majefty's courts of record, wherein no effoin, protection, privilege, or wager of law, or any more than one imparlance, fhall be allowed; and fuch captain or officer, fhall forfeit his command and employment, pended for 7 and shall be, and is hereby disabled and made incapable of any

and be fuf

years,

:

office

ed.

f

feit their

office or employment under his Majesty, during the space of fe- and the ship ven years; and the faid goods and merchandizes, and the fhip, and goods. tackle, apparel, furniture, guns, and ammunition, fo taken by taken forfeitcollufion, fhall be, and is hereby directed to be adjudged, in all courts of admiralty, as good prize and forfeiture to his Majefty. XLVII. And be it further enacted by the authority aforefaid, Run men forThat no perfon or perfons, belonging to any of his Majesty's share of prize ships or veffels of war, or to any merchant fhip employed in his and bountyMajesty's fervice, who thall run away, or withdraw him or money. themselves from the ship or veffel by which any prize or prizes shall be taken from any of his Majefty's enemies, or otherwife from his Majefty's fervice, before or after notification fhall be given by the perfons or agents appointed as aforefaid, of the day appointed for the payment of the several shares to the captors of the faid prize or prizes, fhall have, or be intitled to have or claim, any interest in, or benefit of, the faid share or shares of the faid prize or prizes, or the bounty-money aforefaid, or any which is to be part thereof; but such share and shares of fuch prize and prizes, paid over to and bounty-money, fhall go and be paid to the ufe of Greeen- Greenwich wich Hofpital. Hospital;

XLVIII. Provided always, That if any perfon or perfons fhall and if they or do run away, or withdraw him or themselves, from any fuch run, after notification, to fhip or veffel, as aforefaid, after notification given as aforefaid, loie what then he or they shall forfeit and lofe fuch part of his and their share remains of and shares of the faid prize or prizes, and bounty-money, as their share in fhall be remaining in the faid agent or agents' hands, at the the agents' time of his and their running away, or withdrawing him or themselves; any thing herein-before contained to the contrary thereof in any wife notwithstanding.

hands.

the treasurer

XLIX. And be it enacted by the authority aforefaid, Agents, within That all and every perfon and perfons, agent and agents, and 3 months after the day apothers, who shall fell, or otherwife difpofe of, any prize or pointed for prizes, fo to be taken as aforefaid from any of his Majesty's ene- first payment, mies, fhall, within the space of three calendar months next after to transmit to the day to be appointed for the first payment or distribution to of Greenwich the captors of fuch prize or prizes made in pursuance of such Hospital an publick notification as aforefaid, make out, and tranfinit or de- account of liver unto the treasurer of the faid royal hospital at Greenwich the produce of for the time being, or to fuch perfon or perfons as he shall for fuch prize, that purpose depute or appoint, a true ftate and account in writing under the hand or hands of fuch agent or agents, or perfon or perfons fo employed, of the produce of all fuch prize

and prizes as aforefaid, together with an account of the pay- and payment ments of the feveral thares to the captors, as thall then have of hares; been really and truly by him or them refpectively paid; and also that all and every perfon and perfons, authorised and ap- and also trans pointed by this prefent act to receive bills for the bounty hereby mit a like acgranted, thall, within the like space of three calendar months Count of the bounty-monext after the day appointed for the first payment or distribution ney; of fuch bills for the bounties as aforefaid, in like manner make out, and tranfmit or deliver to the treasurer for the time being

and, within
3 years after,

to make out

an oath, and

tranfmit a like

of the faid hofpital, or to his fufficient deputy, a true ftate and account in writing, under his or their hand or hands, of the payment and diftribution of fuch bills; and further, that all and every person and perfons, agents and others, who, by virtue of this act, thall fell or difpofe of any prize or prizes, which already have been, or fhall at any time or times hereafter be taken from the faid enemy, by any of his Majefty's thips or veffels of war, or who shall receive or difpofe of any bill or bills for bounty, fuch person and perfons, agents and others, fo felling and difpofing thereof, fhall, within the fpace of three calendar months next after the expiration of the term of three years limited by this act, make out an exact account in writing of the produce of fuch prize and prizes, bill and bills for bounty; as alfo of the payments of the feveral thares to the refpective captors, toge-. ther with a true and just account, upon oath, to be taken before the treasurer of the faid hofpital for the time being, or any other person or perfons by him for that purpofe deputed and authorifed, in writing under his hand and feal, (which oath the faid treasurer of the faid hofpital, and his fufficient deputy and deputies, authorised as aforefaid, is and are hereby authorised and impowered to adminifter,) of all fum and fums of money as fhall be then remaining in fuch agent or agents or perfons cuftody, power, or poffeffion; and fhall at the fame time deliver, or cause to be delivered, to the treasurer of the said hofpital for the time being, or to his fufficient deputy or agent, the faid accounts, so attested upon oath as aforefaid, together with all fuch remaining fum and fums of money then fo left and rethe faid hof maining in his or their hands, as aforefaid, taking from the faid pital. trealurer, or his proper deputy or agent, his or their acquittance or acquittances for the fame.

account of the produce and payments of fuch prizes and bountymoney,

and of åll

fums then remaining in their hands,

which are to be paid over at the fame time to the treasurer of

Agents neglecting to ren

der fuch accounts and

payments, to forfeit 100%. over and above the money then

in their hands;

L. And be it further enacted, That all and every person and persons, hereby directed to transmit or deliver all or any the accounts before mentioned, who fhall neglect or refufe to tranfmit or deliver all or any fuch account or accounts to the treasurer of the faid hospital, or his faid deputy or agent, within the time before limited and appointed, in manner and form as is hereinbefore mentioned; or who fhall neglect or refufe to pay over all and every such fum and fums of money, as fhall remain in his or their hand or hands, power, cuftody, or poffeffion, after the term of three years, to be accounted as aforefaid; fhall, for every fuch offence, forfeit the fum of one hundred pounds, over One third to and above the money then in such agents' hands ; one third the King, and part whereof thall belong to his Majefty, and the remaining two the reft to the thirds to the faid royal hofpital; to be recovered, with cofts of hofpital. suit, by action of debt, bill, plaint, or information, in any of his Majefty's courts of record; in which no effoin, protection, privilege, or wager of law, or more than one imparlance, fhall be allowed.

If there appear LI. And be it further enacted, That if any fraud, colany fraud or lufion, or deceit, fhall be wittingly or willingly made, used, committed, permitted, or done, or suffered, in making, ftating, or

collufion in

balancing,

to forfeit 100%. extra.

balancing, any fuch accounts, then every perfon or perfons who fuch accounts, fhall be thereof duly convicted, and his and their aiders and perfons conabettors, shall forfeit and pay, for every fuch offence, over and cerned therein above the penalties and punishments inflicted by this act, the fum of one hundred pounds; one third part whereof to be to the use of his Majesty, and one other third to the ufe of the faid hofpital, the King, One and the other third to the informer who thall fue for the fame; to the hofpito be recovered, with costs of fuit, by action of debt, bill, plaint, tal, and one to the profe or information, in any court of record, in which no effoin, pro- cutor. tection, privilege, or wager of law, or more than one impar

lance, shall be allowed.

One third to

fued by run

LII. And be it further enacted by the authority aforefaid, Agents not That no agent or agents for prizes, or bounty-money, fhall be liable to be liable to be fued, impleaded, or arrefted, by any perfon or per- men in the fons who shall be made run from his Majefty's fervice, in the King's ferlifts to be duly certified of the names of the officers, feamen, vice, marines, foldiers, or others, who fhall be actually on board any of his Majesty's fhips of war at the taking of any prize or prizes, unless the perfon or perfons fo made run, fhall, before

any action brought, obtain a certificate of his or their R or R's unless they being taken off, and the forfeiture of his or their fhares of fuch produce a cerprizes and bounty monies being discharged by the commiffion- tificate of their R's being ers of his Majefty's navy who fubfcribed the faid lifts, and fhall taken off, produce fuch certificate to the faid agent or agents refpectively; and unless the faid agent or agents, on the producing of fuch and the agent certificate or certificates, fhall refufe to pay the faid prize or thereupon rebounty-money (in cafe the fame be due and payable according the prize or to the directions in his Majefty's proclamation) within two bounty-momonths after any fuch demand made and fuch certificate pro- ney. duced.

fufe to pay

for diftribu

LIII. And be it further enacted by the authority aforefaid, Agents of That, from and after the twenty-fourth day of June, one thou-ing's hips fand feven hundred and feventy-nine, all and every perfon and tion of bounty perfons, agent and agents, appointed or to be appointed by the bilis hall give flag officers or flag officer, captains or captain, officers or officer, 3 days notice, hips' companies or fhip's company, and others, of any of his in the London Majesty's fhips or veffels of war, for the diftribution of any fore the paybounty bill or bills given or granted by virtue of this act, fhall ment of fuch infert and publith, or cause to be inferted and published, under bils; his or their hand or hands, in the London Gazette, three days at the least before the payment or diftribution of any fuch bounty

Gazerte, be

bill or bounty bills, publick notification of the precife day of and fhall, in the month and year appointed for the payment of fuch bounty- fuch notificamoney; and fhall infert, in every fuch notification, the place tions, mention their places of or places of his or their abode.

abode.

LIV. And be it further enacted by the authority aforefaid, It in any pubThat in all cafes where any publick notification hath, during lick notificathe present hoftilities, been given, or thall be given, before the tion already respective times herein-before mentioned for the giving of given, or tifications in Great Britain, and other parts of his Majesty's do- given, during minions, of the payment of any prize or bounty-money in re- the prefent Bb 4 fpect holtilities,

no

which thall be