Arms, Stores, &c. taken by

Her Majesty's

Ships in any
Fortress on

Land, and Ships

and Goods in any Creek, &c.

defended thereby, to be divided as other Prize.

As to Divisions

of Prize taken Expeditions of the Army and Navy.

in conjunct

Proviso.

Naval Stores found on board

and without reference to their respective Ranks; and the Share so apportioned to such Ally shall be transmitted to such Persons as may be duly authorized on behalf of such Ally to receive the

same.

VI. The Officers and Crews of any of Her Majesty's Ships or Vessels of War who shall take any Fortress, or any Arms, Ammunition, Stores of War, Goods, Merchandise, or Treasure belonging to the State, or to any public trading Company of any of Her Majesty's Enemies upon the Land, or any Ship or Vessel, or Goods or Merchandise laden on board the same, in any Creek, River, Haven, or Road belonging to or defended by such Fortress, or in any way whatsoever belonging to such Enemies, shall have the sole Right and Interest to and in the Proceeds of all and every such Ship or Vessel, Arms, Ammunition, Stores of War, Goods, Merchandise, and Treasure, after final Adjudication thereof as lawful Prize to Her Majesty in the Court of Admiralty; and such Court is hereby required judicially to proceed thereon as in other Cases of Prize, and such Proceeds shall be apportioned in such Manner and Proportions, both as to Her Majesty's Allies and otherwise, as in other Cases of Prize.

VII. In conjunct Expeditions of the Navy and Army against any Fortress or Possession of Her Majesty's Enemies upon the Land, the Flag and General Officers, Field Officers of the Army, Captains, Commanders of the Navy, and other Officers, Engineers, Seamen, Marines, Soldiers, and others acting on such conjunct Expedition, shall have such proportional Right and Interest as Her Majesty shall think fit to order and direct in all the Arms, Ammunition, Stores of War, Goods, Wares, Merchandise, and Treasure belonging to the State, or to any public trading Company of such Enemies, which shall be found in such Fortress or Possession, and also in every Ship or Vessel, with the Arms, Ammunition, Tackle, Apparel, and Furniture thereof, and all the Goods, Wares, and Merchandise and other Effects on board the same, which shall be captured in any Road, Haven, River, or Creek belonging to or defended by such Fortress or Possession, after final Adjudication thereof as lawful Prize to Her Majesty in any of the Courts aforesaid; and such Courts are hereby required to proceed and adjudicate thereon as in other Cases of Prize, and the Share assigned to the Fleet by such Directions shall be distributed in the same Manner and Proportions as in other Cases of Prize, and the Share assigned to the Army shall be distributed amongst the Officers and Soldiers, in such Manner as Her Majesty shall under Her Sign Manual be pleased to direct: Provided nevertheless, that the Right and Interest hereby given to the Army employed on such conjunct Expeditions shall not entitle the said Army to share in the Distribution of any Ship, Vessel, Goods, or Merchandise, or other Effects, captured in the Voyage to or from such Fortress or Possession.

VIII. And whereas Ships and Vessels of Foreign Nations may pass the Seas laden with Naval and Victualling Stores • intended

chased by the

intended to be carried to the Ports of Countries at War with Foreign Ships Her Majesty, whereby Her Majesty's Enemies may be may be pursuppled with Materials to build, fit out, and provision Ships Admiralty for and Vessels of War: And whereas divers Ships and Vessels the Public Serof Foreign Nations laden as aforesaid may be taken and vice. brought into the Ports of Great Britain, and the Purchase of such Stores laden on board such Ships and Vessels of Foreign Nations for the Service of Her Majesty may in many Cases be expedient without proceeding to the Condemnation thereof: Be it therefore enacted, That the Lords of the Admiralty or their Officers or Agents, may purchase on the Account or for the Service of Her Majesty all or any such Stores found on board any such Ships or Vessels of Foreign Nations brought into Port as aforesaid; and the Commissioners and Officers of the Customs for the Time being may permit such Stores so purchased as aforesaid to be entered and landed within any of the Ports of Her Majesty's Dominions.

IX. Any Ship, Vessel, Goods, or Merchandise belonging to British Ships any of Her Majesty's Subjects captured by any of Her Majesty's and Vessels reEnemies, and afterwards recaptured from the Enemy, by any of restored on Her Majesty's Ships or Vessels of War, shall be adjudged by the Payment of Decree of the Court of Admiralty to be restored to the Owner Salvage. or Proprietor thereof upon Payment for and in lieu of Salvage of One Eighth Part of the true Value of the said Ship, Vessel, Goods, or Merchandise respectively, and such Salvage of One Eighth shall be divided and distributed in such Manner and Proportion as is herein-before directed in Cases of Prize: Provided nevertheless, that if any such Ship or Vessel In what Case to captured and recaptured as aforesaid shall have been by Her be decreed as Majesty's Enemies set forth or used as a Ship or Vessel of War, it shall not be restored to the former Owner or Proprietor thereof, but shall be adjudged lawful Prize for the Benefit of the Captors.

lawful Prize.

prosecute their

X. Any Ship, or Vessel, belonging to any of Her Majesty's Ships of Her Subjects, whether in Ballast, or laden with any Goods or Majesty's SubMerchandise belonging to the same, which shall have been before carried jects recaptured captured by the Enemy and recaptured by any of Her Majesty's into Port may Ships and Vessels of War before the same shall have been carried be allowed to into an Enemy's Port, may, with the Consent of the Recaptors, Voyage. prosecute her Voyage, and it shall not be necessary for the Recaptors to proceed to Adjudication till the Return of the Ship or Vessel to some Port within the United Kingdom; and the Master or Owner thereof, or his Agent, may, with the Consent of the Recaptor, unlade and dispose of the Cargo before Adjudication; and in Case the Ship or Vessel shall not within Six Months return to some Port within the United Kingdom, the Re-captor may, notwithstanding, institute Proceedings against the said Ship or Vessel, Goods or Merchandise, in the High Court of Admiralty of England, and the said Court may thereupon award One Eighth Part of the Value of the said Ship, Vessel, Goods, or Merchandise to the Recaptor thereof, and may enforce the Payment thereof either by

L3

Warrant

Bounties to be
granted on
Capture of
Enemy's armed
Ships or Priva-

teers.

Regulations of Prize to apply to Bounty, Sal

vage, and

Shares assigned by Allies.

Exception as to
Vessels in the

Service of the

17 VICT. Warrant of Arrest against the said Ship or Vessel, Goods, or Merchandise respectively, or by Monition and Attachment against the respective Owners thereof.

XI. Whereas it is expedient to give Encouragement to the Officers and Crews of Her Majesty's Ships and Vessels of War to attack and destroy any armed Ships or Vessels of War, or Privateers, belonging to the Enemy:' Be it enacted, That the Officers and Crews of any of Her Majesty's Ships or Vessels of War who shall have been actually present at the taking, sinking, burning, or otherwise destroying of any Ship or Vessel of War or Privateer belonging to Her Majesty's Enemies shall be entitled to a Bounty of Five Pounds of lawful Money of Great Britain for each and every Person who was alive on board any such Ship or Vessel of War or Privateer belonging to Her Majesty's Enemies at the Beginning of the Attack or Engagement between them, the Numbers of such Persons respectively to be proved by the Ship's Papers or by the Oaths of Three or more of the Persons belonging to the said Enemy's Ship or Vessel of War or Privateer, if so many shall survive, or by the Oaths of the Survivors, or if there be no Survivor, then by the Oaths of Three or more of the Officers and Crew of the capturing Ship or Vessel, or by such other Evidence as under the Circumstances of the Case shall by the Judge of the Court of Admiralty be deemed sufficient Proof thereof; and such Bounties shall be paid out of any Monies voted by Parliament for that Purpose, or out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland, upon the Production of an Official Copy of the Decree of the said Court of Admiralty, setting forth the Number of Persons who were alive on board such Ship or Vessel of War or Privateer belonging to the Enemy at the Beginning of the Attack or Engagement between them; provided that every such Decree shall be subject to Appeal as is herein-after provided in Cases of Prize.

XII. All Provisions contained in this Act respecting the Distribution of Prize shall apply to Bounty Money, Salvage upon Recapture, as well as to any Shares of Prize which may be awarded by the Prize Court of any Ally to the Officers and Crews of Her Majesty's Ships and Vessels of War present at the Capture of any such Prize.

XIII. Ships, Vessels, Goods, and Merchandise captured by any private Ship or Vessel hired by or in the Service of Her Customs or In- Majesty's Commissioners of Customs or Inland Revenue shall land Revenue. belong to Her Majesty in Her Office of Admiralty, and be applied and disposed of in such Manner as Her Majesty under Her Sign Manual shall order and direct, after legal Adjudication

How many small armed

Ships may be

included in One Adjudication.

thereof.

XIV. For the Encouragement of the Capture of armed Ship3 and Vessels belonging to the Enemy, be it enacted, that it shall be lawful for the Captors to include in One Adjudication any Number, not exceeding Six of such small armed Ships, having a Commission or Letter of Marque from the Enemy, not

exceeding

exceeding Seventy Tons each, and which shall have been taken within the Space of Three Months preceding the Application to the Court of Admiralty for such Adjudication.

Port to be

Officer of

Customs.

XV. All Ships, Vessels, Goods, and Merchandise which Captures shall be brought into Port within the Jurisdiction of the Court brought into of Admiralty, in order to be proceeded against to Condemnation handed over to as Prize, shall be forthwith, and without breaking Bulk, delivered Marshal or up to and remain in the Custody and Care of the Marshal, his Substitute, or other Officer to be appointed by the said Court, or if there be no such Officer, then shall be delivered up to the Collector or Comptroller or other principal Officer of the Customs or of Navigation Laws at such Port, and shall remain in such Custody and Care subject to the Decree of the Court.

Prize.

XVI. That upon any Ship, Vessel, Goods, or Merchandise, Mode of Procecaptured as Prize, being brought into Port, the Captor, or One dure against of his Chief Officers, or some other Person present at the Capture, shall bring or send, as soon as possibly may be, Three or Four of the principal Persons belonging to the captured Ship or Vessel (Two of whom shall always if possible be either the Master, Supercargo, Mate, or Boatswain,) before the Judge of the Court of Admiralty, or such Person as shall be lawfully commissioned in that Behalf, by whom they shall be sworn and examined upon the standing Interrogatories; and within Five Examination of Days after Request made to the Judge of the Court of Admiralty standing In the preparatory Examinations on the standing Interrogatories terrogatories. shall be concluded, unless good and sufficient Reason be shown for an Extension of such Time.

Witnesses on

XVII. The Captor shall, at the Time of producing the afore- Affidavit as to said Persons to be examined, and before any Monition shall be Letters and Papers four d issued, bring and deliver into the Registry of the said Court of on board. Admiralty all such Books, Papers, Passes, Sea Briefs, Charterparties, Bills of Lading, Cockets, Letters, and other Documents and Writings whatsoever as shall be delivered up or found on board any such Ship or Vessel, and the Captor, or One of his Chief Officers, or some other Person who was present at the Capture, and saw the said Papers and Writings delivered up or otherwise found on board at the Time of the Capture, shall make Oath that the said Papers and Writings are brought and delivered in as they were received and taken, without any Fraud or Addition, Subduction, Alteration, or Embezzlement whatever, or otherwise shall account for the Absence or for the altered Plight and Condition of the same, upon Oath to the Satisfaction of the Court, and in the event of no such Books, Papers, Passes, Sea Briefs, Charter-parties, Bills of Lading, Cockets, Letters, or other Documents or Writings, being delivered up as found on board such Ship or Vessel, such Captor, Chief Officer, or other Person shall make Oath to that Effect.

translated for

XVIII. In order to save unnecessary Delay and Expense, What Docu the Captor and Claimant may agree, or, in case there shall be no ments to be Claimant, the Captor may direct which and what Parts (if any) the Use of the of the several Books, Papers, Passes, Sea Briefs, Charter-parties, Cause.

L 4

Bills

Where there is

no Claim, or no Security for Costs is given by the Claimant

Monition for

17 VICT. Bills of Lading, Cockets, Letters, and other Documents and Writings delivered up or found on board the captured Ship or Vessel shall be translated, in order to the same being used in the Cause.

XIX. In case no Claim in respect of any captured Ship, Vessel, Goods, or Merchandise shall be duly entered in the usual Form, and verified on Oath, or if there be any Claim, and the Claimant shall neglect or refuse to give Security for Costs in the Sum of Sixty Pounds Sterling within Five Days from the Time of entering such Claim, the Judge of the Court of Admiralty shall, within Three Days after Request in that Behalf made to him, decree the usual Monition, returnable within Twenty Days, Adjudication. citing all Persons in general to show Cause why the said Ship, Vessel, Goods, or Merchandise should not be condemned as lawful Prize; and upon the Return of such Monition duly executed the said Judge shall, upon the Production to him of the said preparatory Examinations or a Copy thereof, as also of all the aforesaid Books, Papers, Sea Briefs, Charter-parties, Bills of Lading, Cockets, Letters, and other Documents and Writings, proceed with all convenient Speed either to release or condemn the said Ship, Vessel, Goods, or Merchandise, or may allow further Time either for a Claim to be entered or Security to be given.

Where Claim

Costs is given.

XX. In case a Claim verified upon Oath shall be duly entered, and Security for and Security as aforesaid be given thereupon, and there shall appear no Occasion to call for any further Proof, as hereinafter mentioned, the Judge shall, as soon as conveniently may be, after such Claim shall have been entered and Security given, proceed to sentence as aforesaid touching such captured Ship, Vessel, Goods, or Merchandise.

Monition to

judication.

XXI. Whenever any Ship, Vessel, Goods, or Merchandise proceed to Ad shall have been captured and brought in by any of Her Majesty's Ships and Vessels of War, but the Captors shall neglect or refuse, notwithstanding such Capture and Seizure as aforesaid, to institute Proceedings in the Court of Admiralty in order to bring the said Ship, Vessel, Goods, or Merchandise to Adjudication, the Judge of such Court shall, upon the Request of any Claimant, who shall have duly entered his Claim verified upon Oath, and shall have given good and sufficient Security as aforesaid, decree a Monition against the Captors, returnable within Six Days, citing them to appear and proceed to the legal Adjudication of such Ship, Vessel, Goods, or Merchandise; and upon the Return of such Monition duly served, the Judge of such Court shall forthwith proceed to the Adjudication thereof.

Court may

order further Proof

XXII. Whenever it shall appear doubtful to the Judge of the Court of Admiralty, upon the Production to him of the aforesaid preparatory Examinations and Papers, whether the said Capture be lawful Prize or not, he may direct further Proof to be adduced either by Affidavit, or by examining Witnesses on Pleadings, or by the Production of any further Papers or Documents, as to him shall seem meet, and upon the Production