Naval Prize Act 1743
| Jurisdiction | UK Non-devolved |
| Citation | 1743 c. 34 |
(17 Geo. 2) C A P. XXXIV.
'WHEREAS his Majesty being engaged in a just and necessary War againstFrance , and being resolved to prosecute the same with the utmost Vigour, has for the Encouragement of his faithful Subjects, serving on board his Ships of War, or Privateers, been graciously pleased by his Royal Declaration, bearing Date the twenty-ninth Day of March one thousand seven hundred and forty-four, to grant that the Flag Officers, Commanders and Officers, Seamen, Mariners and Soldiers on board every Ship or Vessel of War in his Majesty's Pay, and on board Privateers, shall have the sole Interest and Property of and in all and every Ship, Vessel, Goods and Merchandizes and Effects, which they shall take during the Continuance of this War against France , being first adjudged lawful Prize in any of his Majesty's Courts of Admiralty of Great Britain or Ireland , or any of his Plantations in America , or other Dominions of Great Britain : And whereas by an Act made in the thirteenth Year of his Majesty's Reign, intituled, British America, , the sole Interest and Property of and in all and every Ship, Vessel, Goods and Merchandize, taken from theSpaniards , is given to the Flag Officers, Commanders and other Officers, Seamen, Marines and Soldiers on board every Ship and Vessel of War in his Majesty's Pay, and to Privateers (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) and divers Rules and Regulations are therein established for the Adjudication and Condemnation of Prizes taken from the Spaniards ; and by the said Act a Bounty is given to the Officers, Seamen, Marines, Soldiers, or others that shall have been actually on board such of his Majesty's Ship or Ships of War or Privateer or Privateers, in any Action where any Ship or Ships of War, or Privateers, shall have been taken from the Enemy, sunk, burnt or otherwise destroyed: And whereas it is necessary that the same Encouragements in all Respects should be given to the Captors of French Ships, Vessels, Goods and Merchandizes, and the same Rules and Regulations should be observed in the Adjudication and Condemnation of Prizes taken from the French :' Now to the End that his Majesty's most gracious Intention may have full Force and Effect, and for the better carrying on the said War against France 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 more effectual securing and extending the Trade of his Majesty's Subjects; Be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliamentassembled, 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 Merchandizes, which they have taken on or since the twenty-ninth Day ofMarch in the Year of our Lord one thousand seven hundred and forty-four, or shall hereafter take (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 by his said Declaration, bearing Date the twenty-ninth Day of March one thousand seven hundred and forty-four, ordered and directed; or in such Proportions, and after such Manner as his Majesty, his Heirs and Successors shall think fit to order and direct, by Proclamation or Proclamations hereafter to be issued for that Purpose.
II Lords of the Admiralty to give out Commissions to 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 by him or them impowered and appointed, shall at the Request of any 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 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 Mannerone 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 Chattels of such Owner or Owners, and the Persons that shall be thus entitled 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 Method of condemning the Prizes.
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 Court 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 entered 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 within the Space of ten Days after such Claim made, and Security given, and proceed to such Sentence as aforesaid touching such Capture; but in case upon making or entering 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...
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