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Production of such further Proof may proceed to adjudicate thereupon.
XXIII. Before Condemnation no Claim on behalf of any claim of joint asserted Joint Captor shall be admitted until Security shall have Captare to be
admitted only been given by or on behalf of such asserted Joint Captor to
on Security contribute to the actual Captor his Proportion of the Expenses, being given for Costs, and Damages that may be incurred by or awarded Proportion of against the actual Captor on Account of the Capture and costs, and DaDetention of the said Ship, Vessel, Goods, or Merchandise ; and mages. after final Condemnation no such Claim shall be admitted until the asserted Joint Captor has paid his Proportion of all such Expenses as shall have attended the obtaining the final Condemnation, and unless he show sufficient Cause to the Court why such Claim was not asserted at or before the Return of the Monition: Provided always, that nothing herein contained shall extend to the asserted Interest of any Flag Officer claiming to share in any Prize by virtue of his Flag. XXIV. Whenever it appears desirable, either from the Ship, Vessel
, or Nature of the Property captured, the probable Length of the Goods may be Proceedings, or any other sufficient Cause, that the Ship, Vessel, after AppraiseGoods, or Merchandise, or any Part thereof, should be sold, ment may be the Judge of the Court of Admiralty may direct the same to be sold, by Decree appraised by competent Persons, sworn to appraise the same according to the best of their Skill and Knowledge, and for this Purpose may direct the said Goods or Merchandise to be unladen, and an Inventory thereof to be taken, and after such Appraisement may direct the same or any Part thereof to be warehoused, under safe and proper Keeping, or may direct the same, or any Part thereof, to be sold, and the Proceeds to be paid to the Account of Her Majesty's Paymaster General at the Bank of England on account of Naval Prize, or to some Government Accountant in Her Majesty's Dominions, in order that the same may be transferred to the said Account; and in In case Ship, case the said Ship, Vessel, Goods, or Merchandise should be &c. decreed to
be restored. : decreed to be restored to any Claimant thereof, the Proceeds
arising therefrom, and which shall have been so paid to the Naval Prize Account or to a Government Accountant as aforesaid, shall be repaid to such Claimant; but in case the same shall be condemned as lawful Prize, such Proceeds shall be distributed to and amongst the Captors in manner herein-after directed.
XXV. The Judge of the Court of Admiralty may, upon the Court may diApplication of the Claimant, direct any Ship, 'Vessel, Goods, rect the ships, or Merchandise brought before it for Adjudication to be delivered a Goods to be up to him upon the same being appraised by competent Persons the Claimant as aforesaid, and upon his giving good and sufficient Security to on giving Se
curity. pay the Captor the appraised Value thereof, in case the same should be adjudged lawful Prize; and may direct the Captor to give good and sufficient Security to pay such Costs and Damages as to him may seem meet, in case such Ship, Vessel, Goods, or Merchandise shall not be condemned as lawful Prize.
Sale of Vessel XXVI. Whenever any Ship, Vessel, Goods, or Merchandise after Condem- has been condemned as Prize in the Court of Admiralty, the
Judge of the said Court shall forthwith direct the same to be appraised and sold by the Officers of the Court, or by Persons authorized by the Court for that Purpose, and the Proceeds thereof to be forthwith paid to the Account of Her Majesty's Paymaster General at the Bank of England on account of Naval Prize, or to some Government Accountant within Her Majesty's Dominions, in order that the same may be transferred
to the said Account. Bounty,
XXVII. Any Bounty, Salvage, or other Monies, payable Salvage, &c. to and distributable under the Provisions of this Act, and amongst Account of the the Officers and Crews of any of Her Majesty's Ships and Paymaster Vessels of War, shall in like Manner be forthwith paid to the General,
Account of Her Majesty's Paymaster General at the Bank of
same may be transferred to the said Account. Final Distribu XXVIII. Whenever the Proceeds of any Ship, Vessel, tion of Bounty, Goods, or Merchandise condemned as Prize, or any Bounty, Salvage, &c.
Salvage, or other Monies payable and distributable under the Provisions of this Act, have been paid into the Account of Her Majesty's Paymaster General at the Bank of England on account of Naval Prize, or to some Government Accountant within Her Majesty's Dominions, in order that the same may be transferred to the said Account, the High Court of Admiralty of England, or the Court which shall have condemned the said Prize or awarded the said Bounty, Salvage, or other Monies, may direct the Payment thereout of all Costs, Charges, and Expenses which may be chargeable against the same, or which may have been incurred by the Captor, his Attorney or Agent, after such Costs, Charges and Expenses shall have been taxed or allowed by the Registrar of such Court, or his Deputy; and the Balance of such Prize, Bounty, Salvage, or other Monies shall thereupon, and after the Time for appealing shall have expired, be distributed by the Lords of the Admiralty to and amongst the Persons entitled thereto, after
the same shall have been notified in the London Gazette. Parties claim XXIX. The Lords of the Admiralty or any Party claiming Benefit under this Act ing any Interest in any Prize, Bounty, Salvage, or other may resort to Monies payable and distributable under the Provisions of this the Court of Act, and which have been paid or transferred to the Naval Admiralty of
Prize Account as aforesaid, may, prior to the Distribution England.
thereof, resort to the High Court of Admiralty of England for the Purpose of obtaining the Judgment of the said Court in that Behalf, and the Judge of the said Court shall proceed to hear and determine the same, and may make such Order
in the Premises as to him shall seem right. Registrars of XXX. The Registrars of the Vice Admiralty Courts or Vice-Admi.
their Deputies shall, on the First Day of January and First ralty Courts Day of July in every Year, transmit to the Registry of the
High Court of Admiralty of England, to remain of Record shall transmit
Accounts. therein, in such Form as the Lords of the Admiralty may direct, a List or Return of all Cases which have been adjudged in their respective Courts under the Provisions of this Act during the Six Months next preceding ; provided that it shall be lawful for the Lords of the Admiralty, from Time to Time, to vary or alter such Form as to them may seem meet; and the Registrar of the High Court of Admiralty of England shall, as soon as conveniently may be after the Receipt thereof, transmit a Copy of such List or Return to the Lords of the Admiralty, to be by them laid before both Houses of Parliament.
XXXI. The Judge of the High Court of Admiralty of High Court of England may, on the Application of the Lords of the Admiralty England may or of any Person interested in the Proceeds of any Prize, or compel Prodúcin any Salvage, Bounty, or other Monies, and on an Affidavit tion of Prosetting forth the Circumstances of the Case, compel, by Process ceeds, &c. of the Court and by Monition and Attachment, the Production of any Books, Papers, or other Documents relating thereto, and the paying or transferring of such Proceeds, Salvage, Bounty, or other Monies into the Naval Prize Account as aforesaid, and the answering to such Interrogatories touching the same as the Court may approve, and may make such Order in the Premises touching and concerning the same, and the Costs of such Proceedings, as to it shall seem meet.
XXXII. Any Captor or other Person who shall acquire Penalty of One or retain the Proceeds of any Prize or any Salvage, Bounty, or other Monies contrary to the Provisions of this Act, except Month on refor reasonable Cause to be allowed by the Court of Admiralty, taining Proshall pay Interest thereon not exceeding the Rate of One ceeds contrary Pound per Centum per
Month for such Time as the same shall so be in his Custody or Possession, in Addition to any other Penalties imposed by this Act, and such Interest shall be deemed to be Part of such Proceeds, and be paid and applied accordingly.
XXXIII. The Captor or Claimant may appeal from any Provisions for Sentence or any Interlocutory Decree having the Force of a Appeal. Definitive Sentence, given or pronounced in the Court of Admiralty, to Her Majesty in Council, and when required shall give good and sufficient Security that he will effectually prosecute such Appeal, and pay such Costs, Damages, and Expenses as may be awarded by Her Majesty or by the Judicial Committee of the Privy Council ; and every such Appeal shall be made in such Manner and Form, and subject to such Rules, Orders, and Regulations, as are now or for the Time being may be in force in respect to any Ecclesiastical and Maritime Causes of Appeal.
XXXIV. The Judicial Committee of the Privy Council Jurisdiction of shall have full Power, Jurisdiction, and Authority to proceed the Judicia! to hear and report upon all and all Manner of Causes of Appeal Prize Appeals. relating to Captures, Re-captures, Bounties, Seizures, Prizes,
Pound per Cent. per
to this Act.
and Reprisals of all Ships, Vessels, Goods, and Merchandise already seized and taken, or which shall be hereafter seized and taken, that may be brought before them from the Court of Admiralty, and may therein exercise all such Powers as now appertain to them in respect of Appeals from any Ecclesiastical Court or Court of Admiralty, and in addition thereto shall have and exercise all such Powers as are by this Act given to the Court of Admiralty, and all such Powers as heretofore have been wont to be exercised by the Commissioners of Appeal in
Prize Causes. Custody of XXXV. All Processes, Papers, and other Documents, reProcesses, quired for the Purposes of any Appeal under the Provisions Papers, &c.
of this Act, shall be transmitted to and remain in the Custody and Possession of the Registrar of Her Majesty in Ecclesiastical and Maritime Causes; and the said Registrar shall, if he shall so think fit, either in Person or by Deputy attend the Hearing by the said Judicial Committee of all Prize Appeals, and shall do all such Things and shall have and exercise the same Powers and Privileges in respect to such Prize Appeals, as he now does, or has, or exercises in respect to Appeals in
Ecclesiastical and Maritime Causes. Persons inter XXXVI. In case any Person who was not an original Party vening on Ap- in the Cause shall intervene, or interpose an Appeal from any peal must enter a Claim. Sentence or Interlocutory Decree having the Force of a Defini
tive Sentence given or pronounced in the Court of Admiralty, he shall at the same Time enter his Claim, verified upon Oath, and shall give good and sufficient Security for Costs, other
wise such Appeal shall be null and void. Limit of Time XXXVII. In every Appeal froin a Sentence or Interlocuof Appeal. tory Decree having the Force of a Definitive Sentence given
or pronounced in any Court of Admiralty the usual Inhibition shall be extracted from the Registry of Her Majesty in Ecclesiastical or Maritime Causes, within Three Months if the Appeal be from the High Court of Admiralty of England, and within Six Months if the Appeal be from the Vice-Admiralty Court of the Cape of Good Hope, or from any Vice-Admiralty Court on this Side of the Cape of Good Hope or Cape Horn, and within Twelve Months if the Appeal be from any ViceAdmiralty Court beyond the Cape of Good Hope or Cape Horn, from the Date of such Sentence or Interlocutory Decree as aforesaid, otherwise the Appeal shall be null and void to all Intents and Purposes: Provided nevertheless, that the said Judicial Committee may, upon sufficient Cause shown, allow the Inhibition to be extracted and the Appeal to be prosecuted
after the Expiration of the aforesaid respective Periods. Prize Goods XXXVIII. Nothing herein contained shall be taken to and Merchan
exempt any Goods or Merchandise condemned as Prize and dise to be liable to Duties.
sold under the Provisions of this Act from the Payment of any Duties to which they would otherwise be subject upon Importation : Provided nevertheless, that if any such Goods or Merchandise brought into this Kingdom be unfit for the
Markets thereof, the Commissioners of Her Majesty's Treasury may remit the whole or any Part of such Duties, upon Proof that the said Goods or Merchandise are unfit for the Markets of this Kingdom, or that the Proceeds of such Sale, after Payment of Duties, will be insufficient to satisfy the just and reasonable Claims thereon, in either of which Cases such Goods or Merchandise shall be exported or destroyed under the Direction of the Commissioners of Customs : Provided always, that whenever any such Goods or Merchandise shall be brought into the United Kingdom the Master or other Person in charge or command of the Vessel in which the same are brought shall on Arrival in any Part of the United Kingdom “bring to” at the Stations appointed by the Commissioners of Her Majesty's Customs for the boarding of Ships by the Officers of Customs, and shall on the Arrival of the Ship at her Place of Mooring in such Port forthwith give Notice to the Collector or Controller of such Port, who shall thereupon place any Officer or Officers on board such Ship in charge or command of the Goods until the same are duly lodged in some approved Warehouse for Security of the Duties due thereon, or until such Goods are otherwise legally disposed of or discharged out of the Custody of the Customs.
XXXIX. No Person or Persons belonging to any of Her Deserters not Majesty's Ships or Vessels of War, or to any Merchant Ship entitled to employed in Her Majesty's Service, who shall run away or
Bounty, &c. withdraw himself or themselves from the Ship or Vessel by which any Prize or Prizes shall be taken from any of Her Majesty's Enemies, or shall otherwise desert or withdraw himself or themselves from Her Majesty's Service before or after Notification as by Law directed shall be given of the Day appointed for the Payment of the several Shares to the Captors of the said Prize or Prizes, or who shall be marked in the Books of any Ship or Vessel in the Service of Her Majesty as having run therefrom, shall have or be entitled to have or claim any Interest or Benefit from the said Share or Shares of the said Prize or Prizes, or of the Bounty Money hereinbefore mentioned or any Part thereof that shall then remain unpaid, but such Shares, as well as all other Shares which shall not be legally demanded within Six Years after the same shall have been duly notified, shall, at the Discretion of the Lords of the Admiralty, be paid into the Consolidated Fund of the United Kingdom of Great Britain and Ireland : Provided nevertheless, that with respect to such forfeited or unclaimed Shares the Commissioners of Her Majesty's Treasury may, upon the Recommendation of the Lords of the Admiralty, and upon sufficient Cause being shown, make an Order for the Repayment thereof out of the Consolidated Fund to the Parties entitled thereto, or the Lords of the Admiralty may remit or pay the same to such Parties out of any Monies then remaining at the Credit of the Naval Prize Account.
XL. If the Master or other Person having the Command of Penalty on any Merchant Ship or Vessel under Convoy shall wilfully dis- chant Vessels