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shall allow for defence of the trade, without any account, save only that the officers and seamen on board the said ships of her Majesty, which shall be assisting to the taking any such ships for goods as prize, shall have such share thereof as her Majesty shall direct by the charter of incorporation, and it shall be lawful for the Company and their servants, and other persons employed and licensed by them, to seize by force of arms, the persons, ships, goods, or effects, of any of the subjects of her Majesty, who shall frequent, trade, or adventure into the South Seas, or other the limits aforesaid, and to detain, i to the use of the Company, the ships, goods, and effects, so seized, and to send into Great Britain the persons of such of the subjects of her Majesty as shall be so seized, ir order to their being prosecuted according to law. banansbros bus
It has been observed in a preceding part of this work, that no prize can be disposed 13 Geo. 2. of, nor any of her cargo touched, till after a legal condemnation in the Court of Admi. P. 133. ralty here, or elsewhere : and that no delays be made in the process, it is enacted, that the Judge of such court shall, if requested thereto, within five days after request to him made, finish the usual preparatory examination of the proof of the capture being lawful, or that the proper monition shall be properly issued and executed within three days after request made to do so ; and if there is no claim to the capture within twenty days, or the security required by the statute shall not be given within five days, then the Judge of the Admiralty shall, upon production of papers, &c. proceed without delay to acquit or condemn the capture; and if legality of capture be doubtful, and foreign evidence is necessary for settling those doubts, the Judges may cause the capture to be appraised by persons appointed by the captor and duly sworn, and after such appraisement, security shall be given to pay the captors the amount thereof, if adjudged lawful prize, and upon such security being given, the Judge shall cause the capture to be released and delivered up to claimant. bogge & otvarabo o t s Bootsent e By stat. 15 Geo. 2. C. 31. S. 6. security must also be given by claimants for payment of costs. la bn8 270192111on 't nedi ayegiam ir lis.et batning, coigimdog fort - By stat. 17 Geo. 2. e. 34. S. 4. it is enacted, that if claimants refuse to give security Sect. 6. captors may give such security and proceed to trial: and Judges abroad delaying a trial are subject to a penalty of 500l. to be recovered qui tam. with costs, &c. H ide bio
For condemning a prize in the Admiralty Courts abroad no larger sum than 10l. shall Sect. 7. be paid if the vessel be under the burthen of 100 tons, nor more than 151. if above that burthen, under the like penalties. bas 9 bigwhI o The whole of these provisions were confirmed and re-enacted by the statute 29 Geo. 2. c. 34. s. 3, 4, 6 and 75 alsoggi do gnisim9196 bus priod 204 2960 med 3a Execution shall not be suspended if upon an appeal an appellate give security, 29 Geo. 3. c. 34. s. 9. (As to appeals see the next division of this chapter.)
to By the statute 43 Geo. 3. C. 134. prize goods may on condemnation be landed in Great Britain, and secured in warehouses, upon payment of the duties and customs therein mentioned ; and military or ship stores are exempted from duty: and goods Sect. 7. condemned abroad are entitled to the benefit of the act, on production of certificate of condemnation. And all prizes (except ships of war) condemned abroad shall pay the duty on their first arrival. oslale nigd om odte 190
de bois The statute 21 Geo. 3. c. 5. s. 3. makes provisions and regulations as to prizes con- Sect. 8. demned in the port of London. La 291to Iis ban os 500 zlasage dans la giuses 21 Geo. 3.
And by the statute 45 Geo. 3, c. 72. it is enacted amongst other things, that no': proctor shall be concerned only for one party, under a penalty of 500l., forfeiture of the office, and disqualification. The section 43 of this aet confirms and re-enacts the provisions of the stat. 13 Geo. 2. c. 34. above mentioned; and the statute further provides that on reversal of sentence after sale the net proceeds shall be deemed the value; and that six small privateers taken from the enemy may be included in one adjudication ;
c. 123. 6. 5.
and that all books, &c. found on board captures shall be brought into registry of
Admiralty Court. 49 Gen. 3. By statute 49 Geo. 3. C. 123. 8. 5. it is enacted, that notice of condemnation shall
be transmitted to the treasurer of the navy by the navy agent, and subjects him to a penalty of 5001. for neglect of doing it.
APPEALS from the Vice-Admiralty Courts in America, and our other plantations and settlements, may be brought before the Court of Admiralty in England, as being a branch of the Lord High Admiral's jurisdiction, though they may also be brought before the King in Council. But in cases of prize-vessels taken in time of war, in any part of the world, and condemned in any Court of Admiralty or Vice-Admiralty as law. ful prize, the appeal lies to the Commissioners of Appeals, and not to Judges' Delegates. And this by virtue of divers treaties with foreign nations, by which particular courts are established in all the maritime countries of Europe for the decision of this question, Whether lawful prize or not? For this being a question between subjects of different states, it belongs entirely to the law of nations, and not to the municipal laws of either country, to determine it. The original court for deciding this question in England is the Court of Admiralty; and the Court of Appeal is in effect the King's Privy Council, the members of which are, in consequence of treaties, commissioned under the great seal for this purpose.
The Commissioners of Appeals, formerly appointed by our Sovereigns, were half their Privy Counsellors, and some others mentioned in the appointment, to whom appeals were to be made, both at home and abroad, as above; but as some difficulties
arose about the commission, the following act was made to remedy and solve them, viz. 29 Geo. 2. His Majesty, in order to bring appeals from sentences in causes of prizes, pro
nounced in the Courts of Admiralty, to a speedy determination, did, by his commission, bearing date the 11th of July, in the twenty-second year of his reign, revoke a former commission granted to all his Majesty's then Privy Counsellors, and all other his Privy Counsellors for the time being, during pleasure ; and did also, by the same com. mission, appoint all his Privy Counsellors then being, as also Sir Thomas Parker, Knight, Lord. Chief Baron of the Exchequer ; Sir Martin Wright, Sir Thomas Dennison, and Sir Michael Forster, Knights, Justices of the Court of King's Bench; Sir Thomas Abney, Sir Thomas Burnet, and Sir Thomas Birch, Knights, Justices of the Court of Common Pleas; Charles Clark, Edward Clive, and Heneage Legge, Esqrs. Barons of the Court of Exchequer, and the Chief Baron of the Exchequer for the time being, to be commissioners, for hearing and determining such appeals, during pleasure, &c. and as some objections have been raised against the last-mentioned commission, on account of the Lord Chief Baron of the Exchequer, the Justices of the King's Bench and Common Pleas, and the Barons of the Exchequer, who were not of the Privy Council, being joined therein; it is therefore enacted, that the said commission, and all the powers granted therein, shall be deemed good in law; and the Commissioners, as well the said Lord Chief Baron, and the said Justices and Barons therein named, and the Lord Chief Baron of the Exchequer, and the Justices of the King's Bench and Common Pleas, and the Barons of the Exchequer, for the time being, although they should not be of the Privy Council, are empowered, during his Majesty's pleasure, to receive and determine all such appeals, and to use all other jurisdictions, according to the true intent of the said commission.
No sentence upon the hearing of any such appeal shall be valid, unless a majority of
the commissioners present be of the Privy Council. 41 Goe. 3. By the statute 41 Geo. 3. c. 96, intituled “ An Act for the better regulation of his cap. 90.
Majesty's prize courts in the West-Indies and America, and for giving a more speedy and effectual execution to the decrees of the Lords Commissioners of Appeals."
Judges of two Vice Admiralty Courts in any two of the islands, and at Halifax in Ame. rica, are appointed with salaries of 2000l. per annum each; and by this act it is amongst other things enacted, that on appeals the Court may, at the request of appellant, direct the property to be sent to England for sale, and the proceeds deposited in the Bank, or t ! the proceeds may be sent and deposited ; and if any difficulty arise before or after appeal, the captors or claimants may apply by their proctors to the Admiralty Court here, or the Commissioners of Appeal, for directions. In cases of appeal, service of process on commander of King's ships, or his regis- 41 Geo.3.c.
96. s. 11. tered agent in this kingdom, or upon his Majesty's law office in the court below, or in cases of captures by privateers upon the commander or owners, or any or either of them, or upon the sureties to the letters of marque, is good service upon the parties. By statute 45 Geo. 3. c. 72. appeals may be made to Commissioners for hearing 45Geo, 3.
5 c. 72. prize causes, and appellants, not parties in the first instance, must enter their claims on appeals; and it is provided that the appellants shall take out inhibitions within twelve months, unless on special cause; and that on appeals, captures shall be appraised, and on security for the value, be delivered, or the effects sold, and the money deposited, and if such security be given, the captured vesselshall be entitled to a pass to protect her from future captures.
US Whenever sentence of condemnation is appealed from, the Judge may order the proceeds of sale to be brought in, and invested in public securities, &c. and the Lords of Appeal may order proceeds to be paid into Court, and the Judge of the Admiralty and Vice Admiralty Courts, shall order and enforce distribution of proceeds after one Prestband
THE dreadful ravages made by pestilential disorders in those countries most subject 45 Geo. 3.
c. 10. to them, makes every prince and state fearful of receiving the infection, by the ad- 46 Geo. . mission of goods from suspected places; and, to avoid it, they always insist on ships c. 98. bringing certificates from the magistracy of the port they last came from, declaring their country to be free from any contagious distemper: these are termed bills of health, of which copies are annexed, and, coming in this form, they are called clean ones, in opposition to foul ones, which are given to ships when they proceed from the infected places, and these always obstruct their admittance to trade, till they have performed a quarantine of as many days as the guardians of health, where they arrive, may judge necessary, being commonly from ten to forty; on expiration of which, it is customary abroad for physicians to examine the ship's crew, and strict search is made on board, by persons appointed, to see whether the number of sailors corre sponds with those mentioned in the bills of health; and, if any difference appears, it will be difficult in any country, and impossible in some, to obtain admission afterwards; therefore it behoves every captain to be very circumspect in having the exact number of his company inserted.
But though the sailors are not admitted to a communication with the shore, till the afore-mentioned prudent precautions have preceded ; yet all commodities, unsusceptible of the infectious taint, such as corn, &c. are permitted immediately to be landed at proper places by the mariners, from whence they are afterwards conveyed to those destined for their consumption or sale.
Several foreign states have set apart and appropriated certain parcels of lands for the