Naval Prize, etc. Act 1756
| Jurisdiction | UK Non-devolved |
| Citation | 1756 c. 34 |
| Year | 1756 |
(29 Geo. 2) C A P. XXXIV.
'W H E R E A S the unwarrantable Hostilities begun by theFrench , have necessarily engaged his Majesty in actual War with the French Kin in Defence of his Subjects, and the Rights and Possessions of his Crown: And whereas his Majesty has been pleased to notify the same by Proclamation, and a publick Declaration thereof, on the seventeenth Day of May in the Year of our Lord one thousand seven hundred and fifty-six:' 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 otherBritish Ships and Vessels, having Commissions and 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 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 Propertyof and in all and every Ship, Vessel, Goods and Merchandizes which they shall take, from and after the seventeenth Day ofMay in the Year of our Lord one thousand seven hundred and fifty-six, during the Continuance of this War against France (being first adjudged lawful Prize in any of his Majesty's Courts of Admiralty in Great Britain , or in his Majesty's Plantations in 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 or Proclamations hereafter to be issued for those Purposes.
II Admiralty to issue Commissions to Privateers, they giving the usual Security.
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 Payment of 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 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, 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 Commissionand Commissions (being first adjudged lawful Prize in any of his Majesty's Courts of Admiralty as aforesaid) 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 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 entitled 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. And for the more speedy proceeding to Condemnation, or other Determination of any Prize, Ship or Vessel, Goods or Merchandizes already taken, or hereafter to be 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 Personsproper to issue the same, and shall be executed in the usual Manner by the Person or Personsproper 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 of 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 Copiesthereof, 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 or Writingswere 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 Caseshall appear to him or them upon Perusal of such preparatory Examinations; and also of the other last-mentioned Papers and Writings found, taken in or with such Capture, if any such Papers or Writings 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 Witness, 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 Papers or Writingsas shall have been found or 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, upon Pleadings given in by the Parties, and admitted by the Judge, of Witnesses that are remote from such Court of Admiralty, and such Examination shall be desired, and that it be still insisted on, on Behalf of the Captors, that the said Capture is lawful Prize,and the contrary be still persisted in on the Claimants Behalf; that then the said Judge or Judges shall forthwith cause such Capture to be appraised by Persons to be named by the Parties, and appointed by the Court, and sworn truly to appraise the same according to the best of their Skill and Knowledge; for which Purposethe said Judge or Judges shall cause the Goods found on Board to be unladen, and an Inventory thereof being first taken by the Marshal of the Admiralty or his Deputy, shall cause them to be put into proper Warehouses, with separate Locks of the Collector and Comptroller of the Customs; and where there is no Comptroller, of the Naval Officer; and the Agents or Persons employed by the Captors and Claimants, at the Charge of the Party or Parties desiring the same; and shall after such Appraisementmade, and within the Space of fourteen Days after the making of such Claim, proceed to take good and sufficient Security from the Claimants, to pay the Captors the full Value thereof according to such Appraisement, in case the same shall be adjudged lawful Prize; and shall also proceed to take good and sufficient Security from the Captors, to pay such Costs as the Court shall think proper, in Case such Ship shall not be condemned as lawful Prize; and after such Securities duly given, the said Judge or Judges shall make an interlocutory Order for releasing or delivering the same to such Claimant or Claimants, or his or their Agents, and the same shall be actually released or delivered accordingly.
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