Naval Prize Act 1746
| Jurisdiction | UK Non-devolved |
| Citation | 1746 c. 24 |
| Year | 1746 |
(20 Geo. 2) C A P. XXIV.
'WHEREAS by an Act mad in the thirteenth Year of his present Majesty's Reign, intituled,An Act for the more effectual securing and encouraging the Trade of his Majesty's British Subject to America; and for the Encouragement of Seamen to enter into his Majesty's Service , the sole Interest and Property of and in all and every Ship, Vessel, Goods and Merchandizes taken from the Spaniards 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 Privateer; (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 Privateer shall be taken from the Enemy, sunk, burnt or otherwise destroyed: And whereas by an Act made in the seventeenth Year of his said present Majesty's Reign, intituled, ; it was found necessary, that the same Encouragement should be given for the Captors ofFrench 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: And to the end that his Majesty's most gracious Intentions might 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 might 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, it was enacted, 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, should have the sole Interest and Property of and in all and every Ship, Vessel Goods and Merchandizes, which they had taken on or since the twenty-ninth Day of March in the Year of our Lord one thousand seven hundred and forty-four, or should thereafter take (being first adjudged lawful Prize in any of his Majesty's Courts of Admiralty in Great Britain , or his Plantations in America , or elsewhere) to be divided in such Proportions, and after such Manner, as his Majesty, by his Declaration bearing Date the twenty-ninth Day of March one thousand seven hundred and forty-four, had ordered and directed, or in such Proportions, and after such Manner, as his Majesty, his Heirs and Successors, should think fit to order and direct by Proclamation or Proclamations thereafter to be issued for that Purpose; and by the said Act a Bounty is likewise 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 should be taken from the Enemy, sunk, burnt or otherwise destroyed: And it was further enacted, That after the Sale or Sales of such Prize or Prizes as should be taken from the Enemy by any of his Majesty's Ships of War, publick Notification should be given by the Persons or Agents appointed, as thereby is directed, of the Day appointed for the Payment of the several Shares of the Captors aforesaid; after which publick Notification, if any Mens Shares should remain in the Hands of the Persons or Agents appointed as aforesaid, either belonging to such Men as should be run from his Majesty's Service, or which should not be legally demanded within three Years; then such Share or Shares so remaining in the Persons or Agents Hands, or belonging to such Men as should run from his Majesty's Service, should go and be paid to the Use ofGreenwich Hospital: And whereas by the above recited Act of the thirteenth Year of his present Majesty, the Shares of Prizes belonging to Run-men are not expressly granted to Greenwich Hospital , whereby the said Hospital loseth the Benefit of such Shares of Run-men, of and in all Prizes taken from the Spaniards , on or since the fourth Day of January in the Year of our Lord one thousand seven hundred and thirty-nine in Europe ; and on or since 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; and some Doubt may arise whether the Shares of Prizes belonging to Men running from their Ships, after Adjudication and Condemnation of such Prizes, shall be forfeited by the said Clause in the said last recited Act:' For Remedy whereof, and to the Intent that all and every the Shares of Prizes belonging to Run-men, as well after as before Adjudication and Condemnation, and as well those taken from his Majesty's Enemies, on or since the fourth Day of January in the Year of our Lord one thousand seven hundred and thirty-nine in Europe , and on or since 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, as those taken on or since the twenty-ninth Day of March one thousand seven hundred and forty-four, may be given, and go to, and be paid to the Use of Greenwich Hospital aforesaid; 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 Parliament assembled, and by the Authority of the same, That no Person or Personswho, on the fourth Day ofJanuary in the Year of our Lord one thousand seven hundred and thirty-nine, or at any Time since did belong, or now does or do belong, or at any Time hereafter shall belong, to any of his Majesty's Ships or Vessels of War, or to any Merchant Ship employed in his Majesty's Service, and hath or have, at any Time heretofore, or shall at any Timehereafter, run away, or withdraw him or themselves from the Ship or Vessel by which any Prize or Prizes shall be taken from any of his Majesty's Enemies, or otherwise from his Majesty's Service, before or after Notification shall be given by the Persons or Agents appointed as aforesaid, of the Day appointed for the Payment of the several Shares to the Captorsof the said Prize or Prizes, shall have, or be intitled to have or claim any Interest in, or Benefit of the said Share or Shares of the said Prize or Prizes, or the Bounty-money aforesaid, or any Partthereof; but such Share and Shares of such Prize and Prizes, and Bounty-money, shall go and be paid to the Use ofGreenwich Hospital .
II Share of the Prize Money in the Agents Hands to be only forfeited.
II. Provided always, That if any Person or Persons shall or do run away, or withdraw him or themselves from any such Ship or Vessel as aforesaid, after Notification given as aforesaid, he or they shall only forfeit and lose such Part of his and their Share and Shares of the said Prize and Prizes, and Bounty-money, as shall be remaining in the said Agent or Agents Hands, at the Time of his and their running away, or withdrawing him or themselves; any thing herein before contained to the contrary thereof in any wise notwithstanding.
'III. And as several Persons may have bought the Shares of Prizes of Run-men, for a Consideration a great deal under the real Value thereof, which hath much encouraged Seamen to quit and leave their Ships, and his Majesty's Service;' Be it enacted by the Authority aforesaid, That the Vendee or Vendees, Assignee or Assigns of such Share and Shares, and Bounty-money, or either of them, as is and are, or shall be, on or before the first Day ofJune in the Year of our Lord one thousand seven hundred and forty-seven, bona fide actually bought and assigned, shall, on the Payments of the same, be allowed the full Consideration money, he and they really and bona fide give for the same and Interest after the Rate of five Poundsper Centum , which shall have accrued due from the Day of the Payment of the said Cosideration money, to the Time or Times of Payment of such Share or Shares, and Bounty-money, according to the Direction of this Act, or the several Acts herein recited, or any of them, and no more; and that the Surplus of the said Share and Shares, and Bounty-money in the said Agents Hands, after the real Consideration and Interest for the same shall have been paid and satisfied, shall be paid to the Treasurer of the said Royal Hospital at Greewich , or his Deputy or Agent, for the Use of the same; and for the better ascertaining the whole and true Sum of the Consideration-money bona fide paid, the Vendee or Assignee of every such Share of Run-men now actually bought, if living, and if dead, then his and their respective Representative and Representatives to the best of their Knowledge and Belief, shall make an Affidavitbefore some or one of the Judges of the Courts ofKing's Bench or Common Pleas at Westminster , or before some or one of the Barons of the Exchequer , or some Commissioner of the same Courts in the Country in Great Britain , and in any other Parts of his Majesty's Dominions, before some or one of the Judges of the Courts of Law or Equity there, or before some other Person or Persons authorized by those Courts to take Affidavits, of...
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