ed in fuch manner as is herein after directed, the refpective fhare or shares of fuch prize or prizes, and bounty-money as aforefaid, refpectively due to them, without regard to any bargain, fale, bill of fale, contract, agreement, or affignment whatfoever, hereafter to be made of, for, or concerning the fame.

cable.

VI. And be it further enacted, That no letter of attorney, After 1 June, from and after the faid first day of June, made by any feaman, 1747, letters marine, or foldier, belonging to any of his Majefty's fhips or of attorney to veffels of war, or to any merchant fhip in his Majefty's fervice, be made revoor otherwise in the fervice of his Majesty, his heirs or fucceffors, or having letters of marque, or belonging to any privateer, or by the executors or administrators of any fuch feaman, marine, or foldier, in order to impower and intitle any perfon or perfons to receive any fhare or fhares of any prize or prizes, or bounty-money as aforefaid, of any kind whatfoever now due, or at any time hereafter to grow due to any feaman, marine, or foldier, fhall be good and valid, and fufficient for that purpose, unless fuch letter of attorney be made revokable, and for the use of such seaman, marine, or foldier making the fame, and and attested unless the same be figned and executed before, and attefted by by the capthe captain or commander, and one other of the warrant or tain, &c. figning officers of the fhip to which fuch feaman, marine, or foldier making the fame fhall belong, or the clerk of the cheque of one of his Majefty's dock-yards, or the mayor or chief magiftrate of some corporation.

VII. And whereas neither by the faid recited act of the thirteenth year of his prefent Majefty's reign, nor by the faid act paffed in the faid feventeenth year of his faid Majefty, any fufficient provifion is made to oblige fuch agents, or other perfons, to discover and duly account for the money remaining in their hands, due or to become due and payable to the faid hofpital: now, for the better and more effectual preferving and fecuring all fuch intereft and shares of the faid prizes, given and granted by the above recited acts, or either of them, and hereby given and granted to and for the use of the faid hofpital, and for the more certain collecting and receiving the fame; be it enacted by the authority aforefaid, That all and every perfon and perfons, agent and agents, and others, to tranfmit an Agents, &c. who have fold and disposed of, or fhall hereafter fell or other- account to the wife difpofe of, any prize or prizes fo taken as aforefaid, or treasurer of which hereafter shall be so taken from any of his Majesty's ene- Greenwich Hospital,withmies, fhall, within the space of three calendar months next in 3 months after the day to be appointed for the first payment or diftribu- after the first tion to the captors of fuch prize or prizes, made in pursuance payment, of of fuch publick notification, make out and tranfmit, or deliver the produce of the prizes; unto the treasurer of the said royal hospital at Greenwich for the time being, or to fuch perfon or perfons as he shall for 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 and of the as aforefaid, together with an account of the payments of the feveral fhares of the captors, as hall then have been really and the shares.

payments of

bona Perions ap

account.

make out an

prizes, and

payments

Thares;

of

pointed to re-bona fide by him or them refpectively paid; and also that all and ceive bills for every perfon and perfons authorized and appointed by the said bounty, to acts, or this prefent act, to receive bills for the bounty granted tranfmit a like by the faid recited acts, fhall, within the like space of three calendar months next after the day appointed for the first payment or distribution of fuch bills for the bounty as aforefaid, in like manner make out and tranfmit, or deliver to the treasurer for the time being of the said hofpital, or to his fufficient deputy, a true ftate and account in writing, under his or their hand or hands, of the payment and distribution of such bills; and further, that all and every person and perfons, agents, and others, that by virtue of the faid acts hath or have fold and difpofed of, or that shall hereafter fell or difpofe of any prize or prizes taken from the enemy, or which thall at any time or times hereafter be taken from the faid enemy by any of his Majefty's fhips or veffels of war, or that shall receive or dispose of Agents, &c. any bill or bills for bounty, fuch perfon and perfons, agents, within 3 and others, fo felling and difpofing thereof, fhall, within the months after space of three calendar months next after the expiration of the the expiration term of three years limited by the said acts, make out an exact of the 3 years account in writing, of the produce of fuch prize and prizes, bill limited, to and bills for bounty, as alfo of the payments of the several account of the shares to the respective captors, together with a true and juft produce of account, upon oath, to be taken before the treasurer of the faid hofpital for the time being, or any other perfon or persons by him for that purpose deputed and authorized in writing, under his hand and feal (which oath the said treasurer of the said hofpital, and his fufficient deputy and deputies authorized as aforefaid, is and are hereby authorized 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 poffefand to deliver fion; and fhall at the fame time deliver, or caufe to be deliverthe fame, with the fums re-ed, to the treasurer of the said hospital for the time being, or to maining in his fufficient deputy or agent, the faid accounts fo attefted upon their hands, oath as aforefaid, together with all fuch remaining fum and fums to the treafu- of money, then fo left and remaining in his or their hands as rer of Green aforefaid, taking from the faid treasurer, or his proper deputy wich Hospital, or agent, his or their acquittance or acquittances for the fame." VIII. And be it further enacted, That all and every the perunder penalty fon and perfons hereby directed to tranfmit 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 fsaid hospital, or his faid deputy or agent, within the times before limited and appointed, in manner and form as is herein before mentioned, or who fhall neglect or refuse to pay over all and every such fum and fums of money as shall remain in his or their hand or hands, power, cuftody, or poffeffion, Disposal of the after the term of three years, to be accounted as aforefaid, shall, for every fuch offence, forfeit the fum of one hundred pounds, over and above the money then in fuch agents hands; one third part whereof shall belong to his Majefty, and the remain

&c.

of 1001.

forfeitures.

ing two thirds to the faid royal hofpital; to be recovered, with cofts of fuit, 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 shall be allowed.

counts,

IX. And be it further enacted, That if any fraud, collufion, Perfons conor deceit shall be wittingly or willingly made, used, committed, victed of makpermitted, done, or fuffered, in making, ftating, or ballancing ing falfe acany fuch accounts; then every perfon or perfons who fhall be thereof duly convicted, and his and their aiders and abetters, to forfeit 100l. fhall forfeit and pay, for every fuch offence, over and above the penalties and punishments inflicted by this, or any other or former law, the fum of one hundred pounds; one third part Difpofal of the whereof to be to the use of his Majesty, and one other third to the use of the said. hospital, and the other third to the informer who shall fue for the fame; to be recovered, with cofts of fuit, by action of debt, bill, plaint, or information, in any court of record; in which no effoin, protection, privilege, or wager of law, or more than one imparlance, fhall be allowed.

forfeiture.

..

C. 34. f. 13.

X. And whereas by the above recited acts made in the thirteenth 13 Geo. 2. and seventeenth years of his said present Majefty's reign respectively, c. 4. f. 15. as a further encouragement of the officers, Jeamen, marines, foldiers, 17 Geo. 2. and others on board any of his Majesty's fhips of war, as also of privateers, to attack, take, and deftroy any ships of force belonging to the enemy, it was enacted, That there should be paid by the treasurer of his Majesty's navy, upon bills to be made forth by the commiffioners of the navy, to be paid according to the course thereof, without fee or reward, unto the officers, feamen, marines, foldiers, or others, that should have been actually on board fuch of his Majesty's fhips of war, or privateer or privateers, in any action where any ship or Ships of war, or privateers, should have been taken from the enemy, funk, burnt, or otherwife deftroyed, five pounds for every man which was living on board any ship or ships fo taken, funk, burnt, or otherwife deftroyed, at the beginning of the 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 ship or ships 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 defiroyed, 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 fuch fhips as were funk, burnt, or otherwife destroyed, fhould be brought, or before the British conful, or vice canful, refiding at any neutral port, to which fuch prize, or officers, or men should be brought, which caths the faid mayor, or other chief magiftrate of any fuch port, or conful, or vice conful, were thereby impowered and required to adminifter, and should 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 Majefty's navy, together with an authentick copy of the condemnation of fuch fhip fo taken, or if fuch fhip be sunk, burnt, or otherwife deftroyed, on producing only a certificate from the mayor, or other chief magiftrate, or

conful,

Where an

conful, or vice conful, as aforefaid, the faid commiffioners of his Ma•jefty's navy, or fuch person or persons as they should appoint for that purpofe, fhould according to the courfe of the navy, within fifteen days make out bills for the amount of fuch bounty, directed to the treasurer of the navy, payable to, and to be divided amongst the officers, feamen, marines, and foldiers on board his Majefty's ships of war, in manner, form, and proportion, as by his Majefty's procla mation to be illued for that purpose, fhould be directed and appointed and amongst the owners, officers, and feamen of any private vessel, or fhip of war, in fuch manner and proportion, as by an agreement in writing they should have entered into for that purpose, should be directed: and whereas fome doubt has arifen, whether fuch oaths, relating to the faid bounty-money, and the certificate thereon granted, could be adminiftered and granted by any mayor or chief magiftrate, conful, or vice conful, of any port, other than the first port to which fuch prize or prizes, or officers or men fhould be first brought; and it has fometimes happened, that fuch oath and certificate could not be administered and granted at the first port where fuch prize or prizes, or officers or men have been brought, whereby the officers, feamen, marines, and foldiers of his Majesty's fhips and veffels of war, privateer and privateers, by which the ships of his Majefty's enemies have been taken, burnt, funk, or otherwife deftroyed, have been totally deprived of the benefit of the faid bounty-money: for remedy oath and cer- whereof, be it enacted by the authority aforefaid, That in all be granted at fuch cafes, where fuch oath and certificate could not, or herethe first port, after cannot be adminiftred and granted at the said first port, they may be fuch oath or oaths relating to any prize or prizes taken, or to be taken before taken, or to any fhips of his Majefty's enemies funk, burnt, or the magiftrate of any other. otherwife deftroyed, or hereafter to be funk, burnt, or otherwise destroyed, fhall and may be administered and taken by and before the mayor or other chief magiftrate of any port within any of of his Majesty's dominions, or by or before the British conful, or vice conful, refiding at any neutral port, whereunto any prize or prizes, or officers or men of any ships belonging to his Majefty's enemies, as have been, or fhall be taken, funk, burnt, or otherwife deftroyed, fhall at any time hereafter be brought (proof being firft made by affidavit before fuch perfon or perfons, of the inability of making fuch oath or oaths, and obtaining fuch certificate, at the faid firft port) and the mayor, or other chief magiftrate, conful, or vice conful, fhall thereupon grant fuch certificate and certificates, as by the faid recited acts are directed; which certificate and certificates shall be good and effectual to all intents and purposes, as if the fame were granted by the mayor, or chief magiftrate, conful, or vice conful, of the port to which fuch prize or prizes, officers or men as aforefaid, have been or fhall be firft brought; any thing in the faid recited acts to the contrary thereof in any wife notwithstanding.

tificate cannot

Proof to be made of their inability of making the oath, &c. in the first port.

Certificate to be granted thereon.

18 Geo. 2. F. 31. 1. 6, 7.

XI. And whereas by an act passed in the eighteenth year of his prefent Majefly's reign, it was enacted, That all and every person and Perfous

J

M perfons who fince the commencement of the prefent war against Spain, had, or had been, or then were, or thereafter should be, appointed agent or agents for any prize or prizes taken by any ship or ships of war belonging to his Majefty, or for receiving the faid bountymoney, and which prize or prizes had been or should be condemned in the high court of admiralty of England, should exhibit, and cause to be registered in the faid high court of admiralty, his or their refpective letter or letters of attorney, appointing him or them agent or agents (who had not already done the same) and if any person or perfons, fo as aforefaid appointed agent or agents (who bad not already done the fame) fhould refuse or neglect fo to do on or before the first day of Auguft, one thousand seven hundred and forty five; or if any perfon or perfons thereafter to be appointed agent or agents for the purposes aforefaid, should refuse or neglect to exhibit, and caufe to be registered in the faid high court of admiralty, his or their respective letter or letters of attorney, appointing him or them agent or agents as aforefaid, for the space of fix calendar months after sentence of condemnation of any prize should be given in the faid high court of admiralty, for the care and diftribution of which he or they fhall be appointed agent or agents; fuch perfon or perfons fo refusing or neglecting, fall forfeit the fum of five hundred pounds, to be recovered by him or them who shall fue for the fame, by action of debt, plaint, or information, in any court of record in Great Britain, in which no effoin, protection, or wager of law, or more than one imparlance, fbould be allowed: and whereas the laft above recited claufe does not extend the benefit of this registry, or require the agents of prizes in bis Majesty's plantations in America, or elsewhere, to exhibit, and caufe to be registered, their letters of attorney in the courts of admiralty there, as is done here in England; by which means the faid royal hofpital does not receive the whole benefit accruing to it from prizes, nor is the purpose of making fuch letters of attorney evidence of the agency of fuch perfon or perfons, to whom the fame is made, in his Majesty's courts of record, thereby fully answered; be it therefore further enacted by the authority aforefaid, That all and gifter their letAgents to reevery person and perfons, who fince the commencement of the ters of attorprefent war against Spain and France respectively, has or have ney in the been, or now is or are, or hereafter thall be, appointed agent miralty in or agents for any prize or prizes taken by any fhip or fhips, Great Britain, veffel or veffels of war, or by any merchant ship or fhips em- before Aug. ployed in his Majefty's fervice, or having letters of marque, or 1747. for receiving the bounty-money by the faid recited acts granted, and which prize or prizes hath or have been, or hereafter fhall be condemned in the high court of admiralty in Great Britain, and in Amerior in any of the courts of admiralty in any of his Majesty's ca, &c. before plantations in America, or in any other of his Majefty's domi- 1 Oct. 1747, nions, or elsewhere, fhall exhibit, and caufe to be registered in or where the the high court of admiralty in Great Britain, or in the respective prizes thall courts of admiralty in America, or in any other of his Majefty's ed, dominions, or elsewhere, where the faid prize and prizes, and every of them, hath or have been, or fhall be condemned, appointing him or them agent or agents for the purposes afore

court of ad

I

be condemn