Page:Ruffhead - The Statutes at Large - vol 8.djvu/399

A. D. 1758. Anno tricefimo fecundo Ge org 11 II. C. 25. 365 felves; and that neither his Majefty, his Heirs or Succeffors, or any Admiral, Vice Admiral, Go- vernor or other Perfon, commiflioned by, or claiming under, his Majefty, his Heirs or Succefibrs, or any Perfon or Perfons whatfoever, other than the Owner or Owners of fuch Ship or VefTel, being the Captor of fuch Prize Ship or VefTel, Goods, Ammunition, Arms, Stores of War, and iVIer- chandizes, and the Perfons claiming under him or them, (hall be intitled to any Part or Share thereof '■e'ervlng only the Cu- (except as to the Cuftoms and Duties mentioned in the faid Acft of the twenty-ninth Year of his ftomsand Duties payable Majefty's Reign); any Ciiftom, Statute, or other Law to the contrary notwithftanding, ^ ^^ ^°' ^' III. Provided neverthelefs, and it is hereby further enacted. That no fuch CommiiTion as N° Commiffion to be aforefaid (hall be iffued forth or granted to any Perfon or Perfons by virtue of this Adl, unlefs the 1""^^^^ L^nd^r^'^o^' To Ship or Veffel for which the fame fhall be granted in Europe., (hall be of the Burthen of one hundred Bunhen^io^Guns and"' Tons, and carry ten Carriage Guns, being three Founders, and forty Men at the leaft; or unlefs 40 Men'; the Lord High Admiral, or Commiffioners for executing the Office of Lord H^igh Admiral, or any unlefs the Admiralty three or more of them, or any Perfon or Perfons by him or th°m impowered and appointed, {hall, in fhall think fit; the Ow- their Difcretion, think fit to grant the fame to any Ship or VefTel of inferior Force or Burthen, the ners giving Bail and Se- Owners or Owners of fuch Ship or VefTel giving fuch Bail and Security as is herein after mentioned "^""'y " htsun. after . n^ I 00 7 mentioned. and ex p relied. IV. And be it further enadted by the Authority aforefaid. That it {hall and may be lawful to and Admiralty may revoke for the Lord High Admiral of Great Britain.^ or the ConimifTioners for executing the Office of Lord any '"o'^^mer or future {gh. Kdvc.'nzX oi Great Britain for the Time being, or any three or more of them, at any Time or <"^"'"°"^i Times hereafter, to revoke and make void, by any Order or Orders in Writing under his or their , . Hand or Hands, any CommifTion or Commiifions which hath, have bten, or fliall be ifFued forth to any Perfon or Perfons who hath, have been or fhall be nominated Commander or Commanders of any Ship or Vefl'el, either by virtue of the faid A61 of the twenty-ninth Year of the Reign of his prefent M- jefty, or this prefent Adl. V. Provided neverthelefs, That the Secretary of the Admiralty for the Tim,e being fhall, vv'ith °f"'^'<i^N«t;ceis tobe all convenient Speed, after any and every fuch CommifTion fhall be fo revoked, caufe Notice thereof <:t" '"'/^ '^"' '^ ^^^ 7 -.17 •• iri-i-r I / r- a a o o iuip s Owners, Agents m Writmg to be forthwith fent to trie Owner or Owners, or Agent or Agents, or Surety or Sure- or Sureties. ties, or fo.r.e one of them of the Ship or VefTel named or defcribed in fuch Order of Revocation : And in cafe fuch Ship or VefTel fhali be in the Chanel, the faid Order of Revocation fhall be efl^ec- Times limited for Order tual to fuperfede and annul the faid CommifTion, at the Expiration of twenty Days from and after o^ ^^evocation to take fuch Notice given as aforefaid or fooner, if Notice {hall be actually given in ^Vricing by the Secre- Tf*^*"' limi- tary of the Admiralty to the Captain or Corner ander thereof; and 'in cafe fuch Ship or VefTel (hall channel ^^ '" ^^^ be in the Northern Seas, at the Expiration of thirty Days ; and in cafe fuch Ship or VefTel fhall be to ^^ ^orth' Se the Southward oi Cape Finijierre., or in the Mediterranean^ at the Expiration of fix Weeks; and in ., "" ^' ' cafe fuch Ship or Vefiel fhall be in North America or the Wejl Indies, at the Expiration of three pinfftlrrerrinS'he Me- Months; and in cafe fuch Ship or VefTel fhall be in the Eajl Indies., at the Expiration of fix Months : diterranea'n ; And any Commander or Commanders, Owner or Owners, Agent or Agents, Surety or Sureties, in North America the of any fuch Ship or Vefll;l, whereof fuch CommifTion or Commiffions ifTaed or to be ifllied forth as Weft indies or Ea'ft in- aforefaid fhall be fo revoked, may complain thereof to his Majefty in Council, within thirty Days d'". next after the Secretary of the Admiralty for the Time being fhall caufe Notice thereof to be given Complaint may be mads as aforefaid ; and the Determination of his Majefty in Council, touching every fuch Complaint, '^° fuchR"f(i"tK)n""^ The Coancll's Determi- VI. Provided always. That in cafe any fuch Order of Revocation fhall be fuperfeded, fuch Com- ^^i if the Order ihall be mifTion fliall be deemed and taken to have continued in Force; and all Prizes taken by virtue thereof fuperfeded, the Commii.. (hall belong to, and be the Property of, fuch Owners and Captors, in fuch Manner as the fame fion to ftand good, would have been in cafe fuch Order of Revocation had not been made. VII. Provided alfo. That no Perfon fhall be liable to be punifhed for doing, before he fhall have None liable to Puni/h- received perfonal Notice of fuch Order of Revocation, any Matter or Thing which he might have '^cere^e^°'^d^7f""v!'^*^ lawfully done under the Authority of fuch CommifTion, in cafe fuch Order of Revocation had not d'e?o7Rcvoca°tioB '^' been made. VIII. And be it further enafied by the Authority aforefaid. That before the granting or ifTuing Ufuai Bail and Secmity of any CommifTion in purfuance of this Act, fuch Bail and Security fhall b^ taken as have been ufual «» be taken, upon the granting or ifTuing of Commiffions for private Ships of War; and that, previous to the the Parties making Oath taking of fuch Bail and Security, the Perfons who propofe to be bound, and give fuch Security, of their Qualification} Ihall feverally make Oath before the Judge of the High Court of Admiralty oi England, or his Sur- rogate, or other Perfon or Perfons by fuch Judge or Surrogate lawfully commi-ffioned, that at the Time of their being fworn, they are refpe6tively worth more Money than the Sum for which they are then to be bound, over and above all their juft Debts : And moreover, the Marfhal of the faid and the Marfhal fatisfy- High Court of Adrniralty for the Time being, or his Deputy, or the Perfon or Perfons fo commiffi- '"? himfelf as to the cmd as aforefaid, is or are hereby required and diredfed to make diligent Enquiry into, and fatisfy ^^'^"^'*"'^y^^"*°'■' himlelf or themfelves of the Sufficiency of fuch Bail and Security, and make a Report thereof to the faid Judge, or his Surrogate, before any fuch Commiffion fhall be granted or iilued. IX. And be it further en?.6fed by the Authority aforefaid. That from and after the firft Day of Perfons applying for 'June one thoufand feven hundred and fifty-nine, all and every Pe>fon and Perfons who fhall apply tJom-nifl-'ons, to maks to the Lord High Admiral, or the Commiffioners for executing the Office of Loid High Admiral for ^PP"t'<'» '« Wrm.ig, the Time being, in order to obtain any Commiffion to be granted or ifllied forth in purfuance of this A6t, fhall make every fuch Application in Writing, and therein fet forth a particular, true, and and fet forth a Defcrip- exadt tion of the Vell'tJ, Set,