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of lawful Money of Great Britain, unto the faid to answer fuch Salvage and Expences, or the Value of the Goods as the Cafe may be, as shall be herein-after decreed by the faid Court, according to the Tenor of the A&t in that Cafe made and provided; and unless they fhail do so, they hereby confent that Execution fhall iffue forth againft them, their Heirs, Executors, and Adminiftrators, Goods and Chattels, wherever the fame fhall be found, to the Value of the Sum above mentioned.

This Bail was duly taken, acknowledged, and]

received at the Time and Place above written, before me the underfigned Com. miffioner, and I do believe and confider the Perfons above mentioned fufficient Security for the faid Sum of

CA P. CXXIII.

An Act to explain and amend an Act made in the Forty-fifth Year of His prefent Majefty, for the Encouragement of Seamen, and for the better and more effectually manning His Majefty's Navy during the prefent War; and for the further Encouragement of Seamen, and for the better and more effectually providing for the Intereft of the Royal Hofpital for Seamen at Greenwich, and the Royal Hofpital for Soldiers at Chelsea; and to extend the Provifions of the faid Act to Cafes arifing in confequence of Hoftilities commenced fince the paffing of the faid Act. [20th June 1809.]

·

WHEREAS by an Act paffed in the Forty-fifth Year of the

Reign of His prefent Majefty, intituled, An A&t for the 45 G. 3. c. 72. Encouragement of Seamen, and for the better and more effectually manning His Majefty's Navy during the prefent War. certain Provifions are made for the Conduct of the Officers in Vice Admiralty Courts refpecting Prizes that shall have been adjudged in the faid Courts, which Provifions have not been found effectual for the good Purpofes intended thereby,' Be it therefore enacted by the King's moft Excellent Majelly, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by Authority of the fame, That the Registrars Registrars of of every Vice Admiralty Court thail, on the Twenty-fixth Day of Vice Admiralty March, the Twenty-5fth Day of June. the Thirtieth Day of Courts hall every September, and the Twenty-fixth Day of December in every Year, or fo foon after each of fuch Quarter Days refpectively as any Ship hall fail for England, tranfmit to the Registrar of the High Court of Admiralty, and the Treafurer of the Royal Hofpital at Greenwich, a Lift of all the Prizes that fhall have been adjudged in their Courts refpectively during the preceding Quarter of a Year, together with the Names of the capturing Stips and their Commanders, and the Agents of the Captors, with a Copy of the decretal Part of the Sentences upon the fame; and at the fame Time deliver or caufe to be delivered Duplicates of the fame to the Deputies of the faid Treasurer refident at the feveral Places where fuch Courts of Vice Admiralty are or fhall be established, or to which their Jurifdiétion fhall extend,

Quarter tranfmit
to Regifirar of

Admiralty and
Treasurer of
Greenwich
Hofpital, Lift

of all Prizes
adjudged.
[See 45 G. 3.
c. 72. § 48.]

Registrars of
Admiralty and
Vice Admiralty
Quarter tranfmit

to Greenwich

Hofpital, Copies

of Entries of Letters of Attorney, &c. as directed by

45 G. 3. c. 72. $56. 58, 59.

And alfo Copies of Letters of Attorney fo registered.

which Lifts fo to be tranfmitted to the Registrar of the High Court of Admiralty fhall be hung up for publick Infpection in the Registry of the High Court of Admiralty in Doctors Commons, in the fame Manner as is by the said recited Act required with refpe&t to the Lifts therein directed to be tranfmitted Half-yearly.

II. And be it further enacted, That the Registrar or Registrars of the High Court of Admiralty, and of every Court of Vice Admiralty in His Majefty's Dominions, fhall, on the Twenty-fixth Day of March, the Twenty-fifth Day of June, the Thirtieth Day of September, and the Twenty-fixth Day of December in every Year, or within Fourteen Days after each of fuch Quarter Days refpectively, fo far as relates to the High Court of Admiralty, and with refpect to Courts of Vice Admiralty, as foon after each fuch Quarterly Days as any Ship or Veffel fhall fail for Great Britain, deliver to the Treasurer of the faid Hofpital, or to his lawful Deputy for the Time being, a true Copy or Tranfcript under his or their Hand or Hands, of the feveral Entries of the Letters of Attorney and other Particulars by the said recited Act directed to be entered or registered in the Books of fuck Registrars, in the Manner therein mentioned; and if any fuch Registrar or Registrars fhall negle&t or refuse to tranfmit or deliver fuch Copies or Tranfcripts within the refpective Times by this Act limited for that Purpose, he or they fhall for every fuch Offence forfeit and pay the Sum of Five hundred Pounds: Provided always, that if any Agent or Agents fhall be appointed after the Time any Sentence of Condemnation in any of the faid Courts of Admiralty fhall be given, fuch Agent or Agents fhall, under the aforefaid Penalty, regifter or caufe to be registered in Manner aforefaid, his or their refpective Letters or Letter of Attorney appointing him or them Agent or Agents as aforefaid, within the Space of Twenty Days after the Date of the faid Letter or Letters of Attorney.

III. And be it further enated, That the faid Registrar and Regiftrars of the faid Courts of Vice Admiralty fhall, on the Twentyfixth Day of March, the Twenty-fifth Day of June, the Thirtieth Day of September, and the Twenty-fixth Day of December, in every Year, transcribe, and as foon after each of fuch Quarter Days respectively as any Ship fhall fail for Great Britain, tranfmit to the Treasurer of the faid Royal Hofpital at Greenwich, Copies of all Letters of Attorney which shall have been registered in Manner directed by the faid Act in the Three Months preceding, authenticated under the Seal of the Judge in Manner in the faid Act expreffed, and for the Purp fes in the fame A& mentioned, and fhall at the fame Time deliver or caufe to be delivered fimilar Copies to the Deputies of the faid Treafurer refident at the feveral Places where fuch Courts of Vice Admiralty are or fhall be established, or at any Place within the Jurifdiction of fuch Courts refpectively, the Charges of which Copies, and affixing the Stal or Seals thereto, and tranfmitting and delivering the fame to the Treafurer of the faid Hofpital and his Deputies, fhall be paid by the faid Agent or Agents at the Time of making fuch Registry as aforefaid; and in cafe fuch Registrar or Regiftrars fhall negle&t or refufe to tranfcribe and tranfmit, or deliver fuch Copy or Copies of fuch Letter or Letters of Attorney, in Manner and within the Times by this A&t directed and limited, he or they fhall for every fuch Offence forfeit and pay the Sum of Five hundred Pounds.

IV. And

Perfous impro-
perly omitted.
[See 45 G. 3.
c.72. § 60, 61.]

IV. And Whereas it is neceffary that further Provifions should be made respecting the making out and delivering of Prize Lifts, and for Relief of Perfons whofe Names may be improperly omitted therein;' Be it therefore enacted, That when any Prize fhall be Further Protaken by any of His Majesty's Ships or Veffels of War, or hired armed vifions refpecting Veffels, the Captain or Commander of the capturing Ship, or fome the making out Perfon or Perfons under his Authority, fhall forthwith make out and and Delivery of Prize Lifts, and deliver or fend to the Agent or Agents appointed to fell and diftribute for Helief of fuch Prize, or any Bounty Money payable in refpe&t thereof, fuch a correct and particular Lift of the Pertons entitled to fhare therein as is in and by the said recited A& mentioned and described, which Prize Lift shall be subscribed by every fuch Captain or Commander, and by the Lieutenant, and if more than one, then by the Firft Lieutenant, and alfo by the Mafter and Purfer or Perfon or Perfons acting as fuch, of every capturing Ship or Veffel to which the fame relates, after the fame fhall have been carefully compared with the Mufte Books of every fuch Ship or Veffel; and the Agent or Agents making Diftrbution conformably to any Prize Lift fo fubfcribed, fhail have the fame Protection that is given to him or them by the Provisions of the said A&t in making Distribution conformably to a Prize Lift certified as therein is directed: Provided always, that any Error in any fuch Lift may be corrected by a Comparison with the Mufter Book or Books from which the fame was taken at any Time prior to actual Diftribution: Provided alfo, that in all Cafes wherein any Petty Officer, Seaman, Non-commiffioned Officer of Marines, or Marine, actually entitled to fhare in any Capture, fhall, after Diftribution has been made, be proved by a Comparison with the Mufter Books or Returns in the Navy Office or otherwife, to the Satisfaction of the Commiffioners of the Navy or any Three of them to have been actually fo entitled, but omitted in the Diftribution Lift by Accident or Default, it fhall and may be lawful for the faid Commiffioners or any Three of them to certity fuch Omiffion to the Board of Directors of the faid Royal Hospital at Greenwich, who fhall thereupon cause the Amount of the Share to which fuch Petty Officer, Seaman, Noncommiffioned Officer of Marines, or Marine, if inserted in the Distribution Lift, would have been entitled to be paid out of the nonclaimed or run Men's Shares of the same Prize, or out of the General Fund of unclaimed and forfeited Shares of Prize Money in the Handa of the faid Treasurer of the faid Royal Hofpital; and the faid Trea. furer or his Deputy fhall thereupon be entitled to maintain and profecute in the Name of fuch Petty Officer, Seaman, Non-commiffioned Officer of Marines, or Marine, at the Charge and to the Ufe of the faid Hofpital, any Action or Suit against the Agent or Agents for the Recovery of the Amount of the Money fo paid, that the faid Petty Officer, Seaman, Non-commiffioned Officer of Marines, or Marine, might himself have maintained if he had not received a Satisfaction for the fame from the faid Hofpital; but if fuch Agent or Agents fhall be made liable to any fuch Demands in confequence of an Omiffion or Miftake in any Prize Litt certified to him or them as aforefaid, it shall be lawful for him or them to ftop and retain the Amount of the Share for which he shall be so liable out of any Prize or Bounty Money in his or their Hands, payable to the Captain or Commander by whom fuch Prize Lift was figned and certified as aforefaid, or his Executors or Adminiftrators, or to have a Remedy 49 Geo. III.

M m

over

Agents fhall tranfmit Notice

of Condemnation to the Treasurer

or Paymafter of

the Navy.
[See 45 G. 3.
c. 72. §66.]

Further Pro

vifions refpecting Notices of Pay

ment of Prize Money and Head Money. [See 43 G. 3. c. 72. §78.]

A.D. 1809. over by Action against him, them or any of them, for any Charge or Damage thereby fuftained.

V. And Whereas it is by the faid A& further enacted, That " every Agent refident in the United Kingdom fhall within Six Weeks after any Condemnation in the High Court of Admiralty, tranfmit 6 a Notice of fuch Condemnation the Treasurer of Greenwich • Hofpital or his Deputy, together with an Account of the State of the Property condemned at the Time of fuch Tranfmiffion;' Be it further enact:d, That every fuch Agent fhall within Six Weeks after any Condemnation in the High Court of Admiralty, transmit a fimilar Notice of fuch Condemnation to the Treasurer or Paymafter of His Majesty's Navy, together with a fimilar Account of the State of the Property condemned at the Time of fuch Tranfmiffion, on pain of forfeiting for every Neglect the Sum of Five hundred Pounds, unless a reasonable Caufe fhail be fhewn to and approved by the Court of Admiralty.

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VI. And Whereas it is neceffary to make further Provifions refpecting Notices to be given of the Payment of Prize Money in confequence of Condemnations in Courts of Vice Admiralty, and alfo of Bounty Money granted by the faid recited Act, in respect of the Number of Men on board the Enemy's Ships taken, funk, burnt, or otherwife deftroyed, as in the faid Act is mentioned;' Be it therefore further enacted, That all and every Perfon or Perfons appointed or to be appointed for the Receipt and Diftribution of any Bounty Money by the faid Act granted, fhall tranfmit or deliver written Notifications of an individual Share of fuch Bounty Money to the Perfons herein-after mentioned; and that in ali Cafes in which any Agent or Agents, Perfon or Perfons appointed or to be appointed for the Payment or Diftribution of any fuch Prize Money or Bounty Money who are required by the faid A&t to deliver to any Officer of the Customs Three Gazettes, Newfpapers, or written Notifications, to be tranfmitted to England, fuch Agent or Agents, Perfon or Perfons fhall, inftead thereof, deliver Six fuch Gazettes, Newfpapers, or written Notifications of Diftribution, in like Manner fubfcribed by him or them, together with Six fuch Notifications of the Amount of an individual Share of both Prize and Bounty Money, or either (as the Cafe may be) in each Clafs; and the Officer receiving the fame fhall fubfcribe his Name to each of the faid Six Gazettes, Newfpapers, or written Notifications of Diftribution, as by the faid A& is directed, and fhall forthwith deliver one of the faid Gazettes, Newspapers, or written Notifications of Diftribution, together with one of the faid Notifications, of the Amount of an individual Share of both Prize a d Bounty Money, or either (as the Cafe may be) in each Clafs, to the Deputy to the Treafurer of Greenwich H[pital, refident at the P.ace where fuch Court of Vice Admiralty is or shall be eftablished, or to which its Jurifdiction fhall extend, and by the firft Ship which fhall fail for any Port in Great Britain, fhall tranfmit another of the faid Gazettes, Newfpapers, or Notifications of D:ltribution, together with one of the faid Notifications, of the Amount of an individual Share to the Treafurer of the Royal Hofpital at Greenwich or his Deputy there, and another to the Treasurer or Paymafter of the Navy in London, and fhall by the Second Ship or Veffel which fhall fail from the Port or Place where the faid Gazettes, Newfpapers, or written Notifications fhall be fo delivered, for any

Port

Port of Great Britain, tranfmit in like Manner to each of the abovementioned Officers one other of the faid Gazettes, Newfpapers, or other Notifications, of the Amount of an individual Share of oth Prize and Bounty Money, or either (as the Cafe may be), in each Clafs, marked by him as Duplicates of the former, and fhall carefully preferve and keep in his Cuttedy the Sixth of the faid Gazettes, Newspapers, or written Notifications of Diftribution, together with the Sixth of the faid Notifications of the Amount of an individual Share of both Prize and Bounty Monev, or either (as the Cafe may be) in each Clafs; and at all Ports and Places where Vice Admiralty Courts, with Jurifdiction in Prize Causes, are or fhall be conftituted, at which there fhall be no Coile&tor, Comptroller, or Searcher, or other Officer of the Cuftoms, the faid Gazettes, Newfpapers, or other Notifications of Diftribution, together with the faid Notifications of the Amount of an individual Share of both Prize and Bounty Money, or either (as the Cafe may be) in each Class, thall be delivered to and tranfmitted and kept refpectively in like Manner by the Registrar or Deputy Registrar of fuch Vice Admiralty Court; and at all other Places where Prize or Bounty Money fhall be diftributed or payable where there fhall be no Court of Vice Admiralty, the faid Gazettes, Newfpapers, or written Notifications of Diftribution, together with the faid Notifications of the Amount of an individual Saare of both Prize and Bounty Money, or either (as the Cafe may be) in each Clafs, fhall be delivered to the principal Civil Officer of the fail Place or his Deputy, for the Purpose of being tranfmitted and kept as afore aid; and all and every Perfon and Perfons, Agent and Agents, appo ated or to be appointed for the Payment or Diftribution of Prize Money or Bounty Money, who hail neglect or refufe to deliver the faid feveral Gazettes, Newspapers, or written Notifications of Diftribution, together with the faid feveral Notifications of the Amount of an individual Share of both Prize and Bounty Money, or either (as the Cafe may be) in each Clafs, as herein-before directed to be tranfmitted, fhall for every fuch Offence forfeit and pay the Sum of One hundred Pounds; and every Collector, Comptroller, Searcher, or principal Officer of His M jefty's Cuftoms, or his or their Deputy or Deputies, Regifirar or Deputy Registrar of fuch Vice Admiralty Court, or other Perfon as aforefaid, who fhall negle&t or refufe to receive, or to atteft, or who fhall not tranfmit, fend, or keep any fuch Gazette, Newfpaper, or written Notification of Diftribution, or any fuch Notification of the Amount of an individual Share in each Clafs, in Manner herein-before dire&ed, fhall for every fuch Offence forfeit and pay the Sum of Five hundred Pounds.

any

VII. And Whereas it is expedient that the Provifions made in the before recited Act paffed in the Forty filth Year of His prefent Majefty, for infusing a fpeedy Diftribution of the Share of Captors of Prizes taken by His Majefty's Ships fhould be more effectually enforced;' Be it therefore enacted, That in all Cafes where the Prizes Where Diftrishall have been fold, and the Time of Appeals fhall have elapfed, or bution of Prizes if an Appeal fhall have been lodged, the fame fhall have been aban- is not made in doned, and the Distribution fhall not have been made within the Time and in the Manner required by the faid recited A&t; the Officer for Prizes in the Office of Treafurer of the Navy, fhall ftate fuch Failure to the Treasurer of the Navy, who fhail thereupon apply to the High Court of Admiralty, for a Monition or fuch other Procefs of the Court

Mm 2

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the Time required by

45 G. 3. c. 72.

[$ 70, 71, 72] fuch Failure fhall be stated to

Treasurer of the

Navy, &c.

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