Naval Prize Act 1739
| Jurisdiction | UK Non-devolved |
| Citation | 1739 c. 4 |
| Year | 1739 |
(13 Geo. 2) C A P. IV.
'WH E R E A S the Trade of his Majesty's Subjects; inAmerica hath for many Yearsbeen greatly annoyed by theSpaniards , their undoubted Right to navigate in those Seas, without any Molestation, hath been unjustly interrupted, on Pretencesaltogether groundless and unwarrantable, divers Ships and Vessels belonging toBritish Subjects have been seized and confiscated, the Sailors have been injuriously imprisoned, and barbarously treated, and the British Colours have been insulted in the most ignominious Manner: And whereas his Majesty hath been obliged to declare War against the King of Spain , his Vassals and Subjects, to revenge the Injuries, and obtain ample Satisfaction for the Wrongs done to his Subjects:' Now for the better carrying on the said War with Vigour, and for the Encouragement of the Officers and Seamen of his Majesty's Ships of War, and the Officers and Seamen of all other British Ships and Vessels having Commissions or Letters of Marque, and for inducing all British Seamen, who may be in any foreign Service, to return into this Kingdom, and become serviceable to his Majesty, and for the move effectual securing and extending the Trade of his Majesty's Subjects to America , and elsewhere, Be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the LordsSpiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the Flag-Officers, Commanders and other Officers, Seamen, Marines and Soldiers, on Board every Ship and Vessel of War in his Majesty's Pay shall have the sole Interest and Property of and in all and every Ship, Vessel, Goods and Merchandize, which they shall take after the fourth Day ofJanuary in the Year of our Lord one thousand seven hundred and thirty-nine, in Europe ; and after the twenty-fourth Day of June in the Year of our Lord one thousand seven hundred and forty, in any other Part of the World (being first adjudged lawful Prize in any of his Majesty's Courts of Admiralty in Great Britain , or in his Plantations in America , or elsewhere) to be divided in such Proportions, and after such Manner, as his Majesty, his Heirs and Successors shall think fit to order and direct, by Proclamation to be issued for that Purpose.
II Lord High Admiral, &c. to grant Commissions to Commanders of Privateers.
II. And be it further enacted by the Authority aforesaid, That the Lord High Admiral ofGreat Britain , or the Commissioners for executing the Office of Lord High Admiral of Great Britain for the time being, or any three or more of them, or any Person or Persons in any Part of America , or elsewhere, by him or them impowered or appointed, shall, from and after the fourth Day of January one thousand seven hundred and thirty-nine, at the Request of any British Owner or Owners of any Ship or Vessel, giving such Bail and Security as have been usually taken upon granting Commissions, or Letters of Marque (except only for the Payment of the Tenths of the Value of Prizes which shall be taken, to the Lord High Admiral, or Commissioners for executing the Office of Lord High Admiral for the time being) cause to be issued forth in the usual Manner, one or more Commission or Commissions, to any Person or Persons whom such Owner or Owners shall nominate to be Commander, or in case of Death successively Commanders, of such Ship or Vessel, for the attacking, surprizing, seizing and taking, by and with such Ship or Vessel, or the Crew thereof, any Place or Fortress upon the Land, or any Ship or Vessel, Goods, Ammunition, Arms, Stores of War or Merchandizes, belonging to or possessed by any of his Majesty's Enemies, in any Sea, Creek, Haven or River; and that such Ship or Ships, Vessel or Vessels, Arms, Ammunition, Stores of War, Goods and Merchandizes whatsoever, with all their Furniture, Tackle or Apparel, so to be taken by or with such private Owner or Owners, Ship or Vessel, according to such Commission and Commissions, being first adjudged lawful Prize in any of his Majesty's Courts of Admiralty as aforesaid, shall wholly and intirely belong to, and be divided between and among the Owner and Owners of such Ship or Vessel, and the several Persons which shall be on Board the same, and be aiding, and assisting to the taking thereof, in such Shares and Proportions, as shall be agreed on with the Owner or Owners of such Ship or Vessel, as shall be the Captor thereof, their Agents or Factors, as the proper Goods and Chattles of such Owner or Owners, and the Persons that shall be thus intitled thereto, by virtue of such Agreements among themselves; and that neither his Majesty, his Heirs or Successors, or any Admiral, Vice-admiral, Governor, or other Person commissioned by or claiming under his Majesty, his Heirs or Successors, or any Person or Persons whatsoever, other than the Owner or Owners of such Ship or Vessel, being the Captor of such Prize, Ship or Vessel, Arms, Ammunition, Stores of War, Goods and Merchandizes, and the Persons claiming under him or them, shall be intitled to any Part or Share thereof, except as to the Customs and Duties hereafter mentioned; any Custom, Statute or other Law to the contrary notwithstanding.
III How the Prizes shall be tried, for Condemnation.
III. And for the more speedy proceeding to Condemnation, or other Determination of any Prize, Ship or Vessel, Goods or Merchandizes, taken as aforesaid, and for lessening of the Expences that have been usual in the like Cases, Be it further enacted by the Authority aforesaid, That the Judge or Judges of such Court of Admiralty, or other Person or Persons thereto authorized, shall, within the Space of five Days after Request to him or them for that Purpose made, finish the usual preparatory Examination of the Persons commonly examined in such Cases, in order to prove the Capture to be lawful Prize, or to enquire whether the same be lawful Prize or not, and that the proper, Monition usual in such Cases shall be issued by the Person or Persons proper to issue the same, and shall be executed in the usual Manner by the Person or Persons proper to execute the same, within the Space of three Days after Request in that Behalf made; and in case no Claim of such Capture, Ship, Vessel or Goods, shall be duly entered or made in the usual Form, and attested upon Oath, giving, twenty Days Notice after the Execution of such Monition; or if there be such Claim, and the Claimant or Claimants shall not within five Days give sufficient, Security (to be approved by such Cour of Admiralty) to pay double Costs to the Captor or Captors of such Ship, Vessel, or Goods, in case the same so claimed shall be adjudged lawful Prize, that then the Judge or Judges of such Court of Admiralty shall, upon producing to him or them the said Examinations or Copies thereof, and upon producing to him or them upon Oath all Papers and Writings which shall have been found taken in or with such Capture, or upon Oath made that no such Papers were found, immediately and without further Delay, proceed to Sentence, either to discharge and acquit such Capture, or to adjudge and condemn the same as lawful Prize, according as the Case shall appear to him or them, upon Perusal of such preparatory Examinations, and also of the Writings found taken in or with such Capture, if any such Writing shall be found; and in case such Claim shall be duly entred or made, and Security given thereupon, according to the Tenor and true Meaning of this Act, and there shall appear no Occasion to examine any Witnesses, other than what shall be then near to such Court of Admiralty, that then such Judge or Judges shall forthwith cause such Witnesses to be examined, and within the Space of ten Days after such Claim made and Security given, proceed to such Sentence as aforesaid, touching such Capture; but in case upon making or entring such Claim and the Allegation and Oath thereupon, or the producing such Writings as shall have been found taken in or with such Capture, or upon the said preparatory Examinations, it shall appear doubtful to the Judge or Judges of such Court of Admiralty, whether such Capture be lawful Prize or not; and it shall appear necessary according to the Circumstances of the Case, for the clearing and determining such Doubt, to have an Examination of Witnesses that are remote from such Court of...
To continue reading
Request your trial