Naval Prize Act 1758
| Jurisdiction | UK Non-devolved |
| Citation | 1758 c. 25 |
| Year | 1758 |
(32 Geo. 2) C A P. XXV.
'WH E R E A S repeated Complaints have of late been made of divers outragious Acts of Piracy and Robbery, committed on board great Numbers of Ships, more particularly by the Crews of small Ships, Vessels or Boats, being or pretending to beEnglish Privateers: And whereas it is of the utmost Importance to the Honour of this Nation, to detect and bring to Justice Persons who (in Violation of the Laws of Nations in general, and of this Kingdom in particular) have been, or shall be guilty of such Piraciesand Robberies: And whereas by a Clause in an Act of Parliament passed in the twenty-ninth Year of the Reign of his present Majesty, intituled, , It is amongst other Things, enacted, 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 Personor Persons by him or them impowered and appointed, shall, at the Requestof any Owner or Owners of any Ship or Vessel, giving such Bail and Security as have been usually taken upon granting Commissionsor Letters of Marque (except only for the Paymentof the Tenths of the Value of Prizes which shall be taken, to the Lord High Admiral, or Commissionersfor 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 Owneror Owners shall nominate to be Commander, or in case of Death, successively Commandersof such Ship or Vessel, for the attacking, surprizing, seizing and taking, by and with such Shipor Vessel, or with the Crew thereof, any Place or Fortress upon the Land, or any Ship or Vessel, Goods, Ammunition, Arms, Stores of War or Merchandize, belonging to, or possessed by any of his Majesty's Enemies, in any Sea, Creek, Haven or River: And whereas it is apprehended that most of the Actsof Piracy and Robbery complained of aforesaid, have arisen from the Obligationon the said Lord High Admiral, or the said Commissioners for executing the Office of Lord High Admiral, at such Requestas aforesaid, to grant such Commissions to the Commanders of all Shipsor Vessels, of what Burthen soever, without Distinction;' To Remedy which Inconveniency, Beit enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritualand Temporal, and Commons, in this present Parliament assembled, and by the Authorityof the same, That from and after the first Day of in the Year of our Lord one thousand seven hundred and fifty-nine, so much of the said recited Clausein the above-mentioned Act of Parliament, passed in the twenty-ninth Year of the Reign of his present Majesty, as directs 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, at the Request of any Owner or Owners of any Ship or Vessel giving such Bail and Security as therein is mentioned, to 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 Purposes in the said recited Clause mentioned, shall be, and the same is hereby declared and enacted to be absolutely repealed and made void.
II Admiralty to grant Commissions, upon Owners, &c. giving such Bail and Security as is herein after-mentioned.
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 from and after the said first Day of June one thousand seven hundred and fifty-nine, at the Request of any Owner or Owners of any Ship or Vessel, giving such Bail and Security as is herein after mentioned and expressed, cause to be issued forth 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 with the Crew thereof, any Place or Fortress upon the Land, or any Ship or Vessel, Goods, Ammunition, Arms, Stores of War or Merchandize, belonging to, or possessed by any of his Majesty's Enemies, upon the Land, or in any Sea, Creek, Haven or River; and that such Ship or Ships, Vessel or Vessels, or any Goods, Ammunition, Arms, Stores of War, and Merchandizes whatsoever, with all their Furniture, Tackle and Apparel, so to be taken, by or with such private Owner or Owners Ship or Vessel, according to such last-Mentioned Commission or Commissions (being first adjudged lawful Prize in any of his Majesty's Courts of Admiralty) shall wholly and entirely 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 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, Goods, Ammunition, Arms, Stores of War, and Merchandizes, and the Persons claiming under him or them, shall be intitled to any Part or Sharethereof (except as to the Customs and Duties mentioned in the said Act of the twenty-ninth Year of his Majesty's Reign); any Custom, Statute, or other Law to the contrary notwithstanding.
III No Commission to be granted to Vessels, in Europe, under 100 Tons Burthen, 10 Guns and 40 Men;
III. Provided nevertheless, and it is hereby further enacted, That no such Commission as aforesaid shall be issued forth or granted to any Person or Persons by virtue of this Act, unless the Ship or Vessel for which the same shall be granted inEurope , shall be of the Burthen of one hundred Tons, and carry ten Carriage Guns, being three Pounders, and forty Men at the least; or unless the Lord High Admiral, or Commissioners for executing the Office if Lord High Admiral, or any three or more of them, or any Person or Persons by him or them impowered and appointed, shall, in their Discretion, think fit to grant the same to any Ship or Vessel of inferior Force or Burthen, the Owners or Owners of such Ship or Vessel giving such Bail and Security as is herein after mentioned and expressed.
IV Admiralty may revoke any former or future Commissions;
IV. And be it further enacted by the Authority aforesaid, That it shall and may be lawful to and for 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, at any Time or Times hereafter, to revoke and make void, by any Order or Orders in Writing tinder his or their Hand or Hands, any Commission or Commissions which hath, have been, or shall be issued forth to any Person or Persons who hath, have been or shall be nominated Commander or Commanders of any Ship or Vessel, either by virtue of the said Act of the twenty-ninth Year of the Reign of his present Majesty, or this present Act.
V of which Notice is to be forthwith sent to the Ship's Owners, Agents or Sureties.
V. Provided nevertheless, That the Secretary of the Admiralty for the Time being shall, with all convenient Speed, after any and every such Commission shall be so revoked, cause Notice thereof in Writing to be forthwith sent to the Owner or Owners, or Agent or Agents, or Surety or Sureties, or some one of them of the Ship or Vessel named or described in such Order of Revocation: And in case such Ship or Vessel shall be in the Chanel, the said Order of Revocationshall be effectual to supersede and annul the said Commission, at the Expiration of twenty Days from and after such Notice given as aforesaid or sooner, if Notice shall be actually given in Writing by the Secretary of the Admiralty to the Captain or Commander thereof; and in case such Ship or Vesselshall be in the Northern Seas, at the Expiration of thirty Days; and in case such Ship or Vesselshall be to the Southward ofCape Finisterre , or in the Mediterranean , at the Expiration of six Weeks; and in case such Ship or Vessel shall be inNorth America or the West Indies , at the Expiration of three Months; and in case such Ship or Vessel shall be in the East Indies , at the Expiration of six Months: And any Commander or Commanders, Owner or Owners, Agent or Agents, Surety or Sureties, of any such Ship or...
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