Navy Act 1779
| Jurisdiction | UK Non-devolved |
(19 Geo. 3) C A P. LXVII.
'WHEREAS his Majesty, by Order in Council, dated the twenty-ninth Day ofJuly , one thousand seven hundred and seventy-eight, was pleased to order that General Reprisals be granted against the Ships, Goods, and Subjects, of the French King; and that as well all his Majesty's Fleets and Ships, as also all Other Ships and Vessels that shall be commissioned by Letters of Marque or General Reprisals, or otherwise, by his Majesty's Commissioners for executing the Office of Lord High Admiral of Great Britain , shall and may lawfully seize all Ships, Vessels, and Goods, belonging to the French King, or his Subjects, or others inhabiting within any the Territories of the French King, and bring the same to Judgment in any of the Courts of Admiralty within his Majesty's Dominions: Now, 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 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, Thatthe 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 Merchandises, which they have taken since the twenty-ninth Day ofJuly , one thousand seven hundred and seventy-eight, or shall hereafter take during the Continuanceof Hostilities againstFrance , after the same shall have been finally adjudged lawful Prize to his Majesty, in any of his Majesty's Courts of Admiralty in Great Britain , or in his Majesty's Plantations in America , or elsewhere; to be divided in such Proportions, and after such Manner, as his Majesty hath, by his Proclamation of the sixteenth Day of September last, already ordered and directed, or 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, on the Owners giving proper 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 is hereinafter mentioned and expressed, 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, surprising, 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 Merchandise, 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 Shipor Ships, Vessel or Vessels, or any Arms, Ammunition, Stores of War, Goods, and Merchandises whatsoever, with all their Furniture, Tackle, and Apparel, so to be taken by or with such private Ship or Vessel, according to such Commission or Commissions, after final Adjudication as lawful Prize in any of his Majesty's Courts of Admiralty as aforesaid, and not before, 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 who shall be on board the same, and be aiding and assisting to the taking thereof, in such Shares and Proportions as shall be agreed upon 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 who 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, Arms, Ammunition, Stores of War, Goods, and Merchandises, and the Persons claiming under him or them, shall be intitled to any Part or Share thereof (except as to the Customs and Duties payable by any Act or Acts of Parliament); any Custom, Statute, or other Law, to the contrary notwithstanding.
III No commissioned Ship to have Share in any Prize while she is under Convoy.
III. Provided always, That nothing in this Act contained shall intitle any Ship having a Commission, and which shall receive Orders from, and put herself under, the Convoy of any of his Majesty's Ships or Vessels, to share in any Prize or Prizes taken by such Convoy, or by such Ship having a Commission, whilst the said commissioned Ship shall remain under the Care and Protection of such Convoy.
IV All Prize Ships legally condemned shall be deemed British-built Ships.
IV. And be it enacted by the Authority aforesaid, That all Prize Ships or Vessels which shall be legally condemned, shall, to all Intents and Purposes whatsoever, be considered asBritish -built Ships or Vessels, and be deemed and taken as such, and shall be intitled to have and enjoy all and every the same Rights, Liberties, Privileges, and Advantages, in all Respects whatsoever, with British -built Ships or Vessels, and shall be subject and liable to all and every the Rules and Regulations that British -built Ships or Vessels are subject and liable to; any Law, Custom, or Usage, to the contrary thereof in any wise notwithstanding.
V Admiralty may revoke Commissions granted to Privateers.
V. 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 under 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 in pursuance of his Majesty's aforesaid Order in Council, or this present Act.
VI Secretary of the Admiralty to give Notice of such Revocation to the Owners, &c.
VI. 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 Channel, the said Order of Revocation shall 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 Vessel shall be in the Northern Seas, at the Expiration of thirty Days; and in case such Ship or Vessel shall 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 in North 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 Vessel, whereof such Commission or Commissions, issued or to be issued forth as aforesaid, shall be so revoked, may complain thereof to his Majesty in Council, within thirty Days next after the Secretary of the Admiralty for the Time being shall cause Notice thereof to be given as aforesaid; and the Determination of his Majesty in Council touching every such Complaint shall be final.
VII When any Order of Revocation shall be superseded, Commission shall be deemed to have continued in Force.
VII. Provided always, That in case any such Order of Revocation shall be superseded, such Commission shall be deemed and taken to have continued in Force; and all Prizes taken by virtue thereof shall belong to and be the Property of such Owners and Captors, in such Manner as the same would have been in case such Order of Revocation had not been made.
VIII Proviso.
VIII. Provided also, That no Person shall be liable to be punished for doing, before he shall have received personal Notice of such Order of...
To continue reading
Request your trial