WHEREAS the Trade of His Majesty's Subjects in America hath for many Years been greatly Annoyed by the Spaniards, their undoubted Right to Navigate in those Seas without any Molestation, Preamble.hath been Unjustly interrupted, on Pre­tences altogether Groundless and Unwarrantable; divers Ships and Vessels belonging to British Subjects have been Seised and Confiscated, the Sailors have been Injuriously Imprisoned and Barbarously Treated; and the British Colours have been Insulted in the most Ignominious manner: And whereas His Majesty has been Obliged to Declare War against the King of Spain, his Vassals and Subjects, to Revenge the Injuries and Obtain Ample Satisfaction for the Wrongs done to His Subjects.

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 other British Ships, and Vessels, having Commissions, or Letters of Marque, and for inducing all British Seamen who may be in any Forein 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 to America, and Elsewhere:

[Page 24] 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, The Officers, Seamen, Marines and Sol­diers on Board any Vessel of War, in His Majesty's Pay to have the sole Benefit of what Prizes they Take. That the Flag-Officers, Commanders, and other Officers, Seamen, Marines, and Souldiers 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 Merchandize which they shall Take after the Fourth Day of January, in the Year of Our Lord One Thousand Seven Hundred and Thirty Nine, in Europe; and after 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 (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, His Heirs and Successors shall think fit to Order and Direct, by Proclamation to be Issued for that purpose.

And be it further Enacted by the Authority aforesaid, That the Lord High Admiral of Great Britain, or the Commissioners for Execut­ing the Office of Lord High Admiral of Great Britain for the Time Being, The Lord High Admiral, or Commissioners, to Appoint, and Grant Com­missions to any Person to Attack any Place on Land or Vessel by Sea, &c. or any Three or more of them, or any Person or Persons in any part of America or elsewhere, by him, or them Impowred and Appointed, shall, from and after the Fourth Day of January, One Thousand Seven Hundred and Thirty Nine, at the Request of any British 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 Commissioners for Executing the Office of Lord High Admiral, for the Time being) caused 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, Seising 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 Entirely Belong to and be Divided between and among the Owner and Owners of such Ship or Vessel, And shall be­long to the Owners of such Vessels, & to the Persons taking such Prizes from the Enemy. 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 Entituled thereto by virtue of such Agreements among themselves: And that neither His Majesty, His Heirs or Successors, or any Admiral, Vice Admiral, Governour or other Person Commissioned by, or Claming 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 [Page 25] Ammunition, Stores of War; Goods, and Merchandises: And the Persons Claiming under them shall be Entituled 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.

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 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, The Judges of the Court of Admiralty in 5 days after they are Re­quested to Ex­amine the proper Per­sons to prove Captures to be lawful Pri­zes, or not. 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 Entred, or Made in the usual Form, and Attested upon Oath, If no Clai­mants ap­pear to Cap­tures, &c. 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 Examination, 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, In case it ap­pear Doubtful how to pro­ceed. according to the Tenour 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, and within the space of Ten Days after such Claim made, and Security given proceed to such Sentence, as aforesaid, touching such Capture: But in case upon Making, or Entring 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 appear Necessary, according to the Circumstances of the case for the Clearing, and Determining such Doubt, to have an Examination of [Page 26] 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 that 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 Named on the part of the Captor, and Sworn truly to Appraise the same, according to the best of their Skill, and Knowledge: For which purpose the said Judge, or Judges shall cause the Goods found on Board to be Unladen, and 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 Imployed by the Captors, and Claimants, at the Charge of the Party, or Parties desiring the same, and shall after such Appraisement made, 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 after such Security 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.

And it is further Enacted by the Authority aforesaid, That if any Claimant, Claimants refusing to give Security, the Judges to take Security of the Captors or Claimants shall refuse to give such Security, the Judge, or Judges shall cause the Captor or Captors in like manner to give good and sufficient Security, to be approved of by the Claimant, or Claimants to Pay the said Claimant or Claimants the full Value thereof, according to the Appraisement, in case any such Capture or Captures shall be adjudged not to be lawful Prize; and the said Judge or Judges shall thereupon proceed to make an Interlocutory Order for the Releasing and Delivering of the same to the said Captor or Captors or their Agents.

And it is further Enacted by the Authority aforesaid, That all such Captures, All Captures bro't into a­ny of His Ma­jesty's Colo­nies in Ame­rica, to be un­der the Care, & Custody of the Collector, & Comptrol­ler of the Customs, or Naval Officer as aforesaid, which shall be brought into any of His Majesty's Colonies or Plantations in America, shall without breaking Bulk, stay there and be under the joint Care and Custody of the Collector and Comptroller of the Customs; or where there is no Comptroller, of the Naval Officer of the Port or Place where the same shall be brought; and all the Captors thereof and their Agents, until either the same shall by final Sentence have been either Cleared and Discharged, or Adjudged and Condemned as lawful Prize, or that such Interlocutory Orders, as aforesaid shall have been made for the Releasing or Delivering of the same: And upon the Condemnation or Adjudication thereof as lawful Prize, shall in case the same were Taken by any such Private Ship or Ships, Commissioned as afore­said, he immediately Delivered unto the Captors thereof and their Agents, to be by them disposed of as their Goods▪ and Chattels.

And in case the same were Taken by by any of His Majesty's Ships of War, If Taken by any of His Majesty's Ships of War, &c. unto such Person, or Persons, and to be so divided, and disposed of as His Majesty, His Heirs, and Successors shall by Proclamation to that purpose Order, and Direct.

And be it further Enacted by the Authority aforesaid, That if any Judge, or Judges, or other Officer, or Officers in any of His Majesty's [Page 27] Plantations, or Dominions Abroad, to whom respectively it shall ap­pertain, shall delay the Doing, Performing, Making, or Pronouncing any of the several Proceedings, Matters, or Things, for, towards, or relating to Condemning, Penalty on Judges, and other Officers who Delay, & not Perform their Duty in respect of Releasing, or Condemning Captures &c. or Discharging, Releasing, or Delivering of any such Capture, in Manner aforesaid, within the respective Times herein before limited, or as soon as the same, or any of them ought to be done, according to the Tenour, and true Meaning of this Act, all, and every such Judge, and Judges, and other Officer, or Officers shall for every such Offence forfeit the Sum of Five Hundred Pounds: One moiety thereof to His Majesty, His Heirs, and Suc­cessors; the other moiety thereof with full Costs of Suit, to such Person, or Persons who shall Inform, or Sue for the same in any of the Courts in, or for any of His Majesty's Colonies, or Plantations, or in any of His Majesty's Courts of Record within His Kingdom of Great Britain.

And it is hereby further Enacted by the Authority aforesaid, That there shall not be Paid unto, or among all the Judges, and Officers of such Court of Admiralty in any of His Majesty's Plantations, Their Allow­ance. or Dominions Abroad, for, towards, or relating to the Adjudging, or Condemning of such Capture, as aforesaid, as lawful Prize, above the Sum of Ten Pounds, in case such Prize Ship, or Vessel be under the Burthen of One Hundred Tons; nor above the Sum of Fifteen Pounds, in case the same be of that, or any greater Burthen: And that upon Payment of either of the said respective Sums, as the case shall require to the said Judge, or Judges, or any of them, to be by him, or them disposed, or divided, as he, or they shall think fit, among the Officers of such Court: Such Judges, and Officers, and every of them shall be liable to all, and every the several Penalties hereby imposed for Neglecting, or Delay­ing to do, and perform their several, and respective Duties, or Offices in, and relating to the several Proceedings aforesaid, within the respective Times herein for that purpose Limited.

Provided Nevertheless, A Proviso. And it is hereby further Enacted by the Authority aforesaid, That if any Captor, or Captors, Claimant, or Claimants, shall not rest satisfied with the Sentence given in such Court of Admiralty, in any of His Majesty's Plantations, or Domi­nions Abroad, it shall, and may be Lawful for the Party, or Parties thereby aggrieved, to Appeal from the said Court of Admiralty to the Commissioners, Appointed, or to be Appointed under the Great Seal of Great Britain, for Receiving, Hearing, and Determining Appeals in Causes of Prizes: Such Appeal to be Allowed in the like manner as Appeals to such Commissioners are now allowed from the Court of Admiralty within this Kingdom; so as the same be made within Fourteen Days after Sentence, and a good Security be likewise given by the Appellant, or Appellants that he, or they will effectually prosecute such Appeal, and answer the Condemnation, and also pay Treble Costs as shall be Awarded in case the Sentence of such Court of Admiralty be Affirmed; any thing in this Act before to the contrary hereof in any wise notwithstanding.

Provided Always, Provided also. That the Execution of any Sentence so Appealed from, as aforesaid, shall not be Suspended by reason of such Appeal, in [Page 28] case the Party, or Parties Appellate, shall give sufficient Security, to be Approved of by the Court in which said Sentence shall be given, to Restore the Ship, Vessel, Goods, or Effects concerning which such Sentence shall be Pronounced, or the full Value thereof to the Appel­lant, or Appellants, in case the Sentence so Appealed from shall be Reversed.

And be it further Enacted by the Authority aforesaid, That if any Commander, Commanders, Seamen. &c. breaking Bulk of any Prize, or Embezilling any of the Money, &c. to forfeit Treble the Value. or Commanders, Officer, or Officers, Seamen, Marines, Souldiers or Others, shall break Bulk on Board, or Embezel any of the Money, Jewels, Plate, Goods, Merchandize, Tackle, Furniture or Apparel, of, or belonging to such Prize, or Prizes so Taken, such Commander, Officer, Seamen, Marine, Souldier or Others, shall forfeit Treble the Value of all such Money, Jewels, Plate, Goods, Merchandize, Tackle, Furniture, or Apparel, as he or they shall Embezel, one Third part thereof to be to the use of Greenwich Hospital, and the other two Third parts thereof to him, or them that will Sue for the same by Action of Debt, Plaint, or Information, in any Court of Record in Great Britian, in which no Essoign, Protection, or Wager of Law, or more than One Imparlance shall be allowed.

And be it further Enacted by the Authority aforesaid That all Appraisements, and Sales of any Ship, or Ships, Goods, Wares, or Merchandizes, Appraise­ments & Sales how made. as shall be Taken by any of His Majesty's Ships of War, shall be made by Agents, or Persons Nominated, and Appointed in equal Numbers, by the Commander, Officer, or Ships Company, and others Entituled thereunto, (That is to say,) That if the Commander, or Commanders of such Ship or Ships as shall Take any such Prize, or Prizes shall Nominate, and Appoint one, (or more) Person, or Persons, Agent, or Agents to Sell, or Appraise the same, as aforesaid, then the Officers Entituled thereunto, or the Majority of them, shall Nominate, and Appoint the like Number of Persons, or Agents to Act for them, and the Ships Company, and Others, or the Major part of them shall also Nominate, and Appoint the same Number of Persons, or Agents to Act on their behalf in such Appraisement, or Sale.

Provided, That nothing herein contained, shall Extend, or be Con­strued to alter, Proviso. or make void any Agreement, or Agreements, made or to be made in Writing between the Owners, Officers, and Seamen of any private Ships, or Vessels of War.

And be it further Enacted by the Authority aforesaid, That after the Sale, Public Noti­fication to be made. or Sales of such Prize, or Prizes as shall be Taken from the Enemy by any of His Majesty's Ships of War, public 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 Captors, aforesaid; after which public Notification if any Mens Share shall remain in the Hands of the Persons, or Agents appointed, as aforesaid, and shall not be legally Demanded within Three Years, then such Share, or Shares so remaining in the Persons, or Agents hands, shall go, and be paid to the Use of Greenwich Hospital.

Provided Always, Provided also. And be it Declared, and Enacted by the Authority aforesaid, That nothing herein contained shall Extend, or be Con­strued to Extend, to Exempt any Ships, Goods, Wares, or Mer­chandizes, [Page 29] which shall be Taken as Prize, and brought, or imported into this Kingdom, or any of His Majesty's Plantations in America, from the payment of any Customs, or Duties, or from being subject to such Restrictions, and Regulations to which the same now are, or shall hereafter be lyable, by Virtue of the Laws, and Statutes of this Realm.

And for the Encouraging His Majesty's Subjects to Engage in Joint, and United, as well as Separate Expences, Expeditions, and Adventures.

Be it further Enacted by the Authority aforesaid, His Majesty, His Heirs, &c to grant Com­missions to Persons to Attack and Destroy any Place by Land or Vessel at Sea in Ame­rica belong­ing to, or possessed by His Enemies. That His Majesty be, and He, and His Heirs, and Successors are hereby impowred, from time to time, during the Continuance of the present, or any future War, to grant, or make any Charters Commissions, or Grants for the better, or more effectual Enabling any Society, or Societies, or particular Persons to Join in any Expeditions, or Adventures by Sea, or Land, and to Sail to, and in any of the Seas in America, for the Attacking, Sur­prizing, Taking, or Destroying any Ships, Goods, Moveables, and Immoveables, Settlements, Factories, Creeks, Harbours, Places of Strength, Lands, Forts, Castles, and Fortifications now belonging, or hereafter to belong to, or to be Possessed by any Enemy of His Ma­jesty, His Heirs, or Successors, in any Part, or Parts of America.

And for the better Making, and Carrying on any Preparations for such Purpose, and Purposes, and for the Making, and Assuring to the Societies, and Persons which may be Concerned, their Heirs, Successors, Executors, Administrators, and Assigns, full, and undoubted Properties, Rights, and Titles, of, in, and to, and the full Enjoyment of all, and every the Ships, Ammunition, Stores of War, Goods, Chattels, Moveables, and Immoveables, Settlements, Factories, Places of Strength, or Security, Lands, Forts, Castles, or Fortifications now Belonging to, or Possessed by or hereafter to Belong to, or to be Possessed by any Enemy of His Majesty, His Heirs, or Successors, in any of the Parts of America, which such Society, or Persons shall Take, or cause to be Taken from any such Enemy; together with all the proceed Profits, and Advantages which may Accrue of, or by the same, or any of them, with, and under such Regulations, and in such Manner, and Form as His Majesty, His Heirs, and Successors shall think Fit, and at any Time, or Times afterwards by any further Grants, Such as Take &c. to have the full Benefit▪ or Charters to Confirm, Corro­borate, and farther Assure the Premisses, and every, or any of them, to the said Societies, or Persons concerned, their, and every of their Heirs, Successors, Executors, Administrators, or Assigns, so as to Enable them, and every of them to Have, Hold, and Enjoy the full Benefit thereof according to the true Intent, and Meaning of this Act; any Law, Statute, Provision, or Declaration to the contrary in any wise notwith­standing.

Provided always, Proviso. That nothing shall be Contained in any Charter, Commission, or Grant made in pursuance of this Act, to Exclude, or Restrain any of His Majesty's Subjects from having a Full, and Free Trade to, and in any Part of America.

And as a further Encouragement to the Officers, Seamen, Marines, Souldiers, and Others, on Board His Majesty's Ships of War, as also of Privateers, to Attack, Take, and Destroy any Ship of Force belonging to the Enemy.

[Page 30] Be it Enacted by the Authority aforesaid, That there shall be paid by the Treasury of His Majesty's Navy, upon Bill to be made forth by the Commissioners of the Navy, to be paid according to the Course thereof, Five Pounds to be paid by the Treasurer of His Ma­jesty's Navy, to every Person on Board any of His Majesty's Ships of War, who shall Take, or De­stroy any Ves­sel belonging to the Enemy. without Fee, or Reward, unto the Officers, Seamen, Marines, Souldiers, 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, Five Pounds for every Man which was Living on Board any Ship, or Ships so Taken, Sunk, Burnt, or otherwise Destroyed, at the beginning of the Engagement between them: The Numbers of such Men to be Proved by the Oaths of Three, or more of the Chief Officers, or Men which were belonging to the said Ship, or Ships of War, or Privateers, of the Enemy at the time of her, or their being Taken as Prize, Sunk, Burnt, or otherwise Destroyed, before the Mayor, or other Chief Magistrate of the Port, or where­unto any Prize, or Officers, or Men of such Ships, as were Sunk, Burnt, or otherwise Destroyed shall be brought; which Oaths the said Mayor, or other Chief Magistrate of any such Port is hereby Impowred, and Required to Administer; and shall forthwith grant a Certificate thereof, without Fee, or Reward, directed to the Com­missioners of the Navy, upon producing which Certificate to the Commissioners of His Majesty's Navy, together with an authentick Copy of the Condemnation of such Ship so Taken; or if such Ship be Sunk, Burnt, or otherwise Destroyed, on [...] a Certificate from the Mayor, or other Chief Magistrate, as [...], the said Commissioners of His Majesty's Navy, or such Person, or Persons as they shall appoint for that Purpose, shall according to the Course of the Navy, within Fifteen Days make out Bills for the amount of such Bounty, directed to the Treasury of the Navy, Payable to, and to be Divided amongst the Officers, Seamen, Marines, and Souldiers on Board His Majesty's Ships of War, in Manner, Form, and Pro­portion as by His Majesty's Proclamation to be Issued for that purpose shall be directed, and appointed; and amongst the Owners, Officers, and Seamen of any Private Vessel, or Ship of War in such Manner, and Proportion as by any Agreement in Writing they shall have Entred into for that purpose shall be directed.

And be it further Enacted by the Authority aforesaid, That the Bill, or Bills to be made out for the Bounty hereby granted to the Commanders, To be paid to themselves, or to their A­gents. Officers, Seamen, Marines, Soldiers and Others of His Majesty's Ships of War, for Taking, Sinking, Burning, or other­wise Destroying any Ships of War, or Privateers, belonging to any of His Majesty's Enemies, shall be made Payable to such Person, or Persons as shall be Authorized, and Appointed by the Commander, and by the majority of the Officers, and the major Part of such Ships Company, and Others that shall have Taken, Sunk, Burnt, or otherwise Destroyed the same; to be Distributed, and Divided by the said Person, or Persons so Authorized, and Appointed amongst the Captors, in such Manner, Form, and Proportion, as aforesaid: The several Shares of which Captors, if not Legally Demanded within Three Years after public Notification, shall be applied to the Use of Greenwich Hospital; and that the Bill, or Bills to be made out for the Bounty hereby granted to Privateers for Taking, Sink­ing, Burning, or otherwise Destroying any Ships of War, or Priva­teers belonging to any of His Majesty's Enemies, shall be made [Page 31] Payable to such Person, or Persons as shall be Nominated, and Appointed by the Owner, or Owners, Officers, and Seamen of such Privateer, or Privateers who shall have Taken, Sunk, Burnt, or otherwise Destroyed the same, or the major part of them; to be Divided in such Manner, and Proportion as shall have been Agreed by them, as aforesaid.

Provided Nevertheless, And be it further Enacted by the Authority aforesaid, A Proviso. That nothing herein contained shall Extend, or be Con­strued to Extend, to Oblige, or Authorize any Judge of any of His Majesty's Courts of Admiralty in the Plantations, or Colonies in America, or elsewhere out of Great Britain, to Adjudge, or Determine concerning the Validity of the Capture of any Ship, or Ships, whether Men of War, or Merchant Ships, commonly called Flota Ships, or Galleons, or any Ship having a Register Bound from Buenos Ayres, or Handuras, or any Goods on Board any such Ship; but that all such Ships called Flota Ships, or Galleons, and every Ship having a Register, Bound from Buenos Ayres, or Handuras, which shall be Taken by any Ship, or Ships, shall with their Cargoes be Tryed, and Adjudged in His Majesty's High Court of Admiralty; Any thing in this Act to the contrary in any wise notwithstanding.

Provided Always, And be it Enacted, That if any Ship, Vessel, or Boat, Provided also. Taken as Prize, or any Goods therein shall Appear, and be Proved in the Court of Admiralty, to be Belonging to any of His Majesty's Subjects of Great Britain, or Ireland, or any of the Domi­nions, and Territories remaining, and continuing under His Majesty's Protection, and Obedience, which were before Taken, or Surprized by any of His Majesty's Enemies, and afterwards again Surprized, and Re-taken by any of His Majesty's Ships of War, or any Private Men of War, or other Ship, Vessel, or Boat under His Majesty's Protection, or Obedience, that then such Ships, Vessels, Boats, and Goods, and every such part, and parts thereof, as aforesaid Be­longing to such His Majesty's Subjects, shall be adjudged to be Resto­red, and shall by Decree of the said Court accordingly Restored to such former Owner, or Owners, or Proprietors, he, or they paying for, and in Lieu of Salvage, if taken by one of His Majesty's Ships of War, an Eighth part of the true Value of the Ships, Vessels, Boats, and Goods respectively, so to be Restored: Which Salvage shall be answered, and paid to the Captains, Officers, and Seamen in the said Man of War; to be Divided in such Manner as before in this Act is directed touching the Share of Prizes belong­ing to the Flag-Officers, Captains, Officers, Seamen, Marines, and Souldiers, where Prizes are Taken by any of His Majesty's Ships of War; and if Taken by a Privateer, or other Ship, Vessel, or Boat, after having been in the Possession of the Enemy Twenty-four Hours, an Eighth part of the true Value of the said Ships, Vessels, Boats, and Goods; and if above Twenty-four Hours, and under Forty-eight Hours, a Fifth part thereof; and if above Forty-eight Hours, and under Ninety-six Hours, a Third part thereof: All which Payments to any Privateer, or other Ship, Vessel, or Boat, shall be without any Deductions: And if such Ship so Re­taken shall appear to have been after the Taking by the Enemy, by them set forth as a Man of War, the former Owners, or Pro­prietors to whom the same shall be Restored, shall be Adjudged [Page 32] to pay, and shall pay for Salvage, the full Moiety of the true value of the said Ship so Taken, and Restored, without Deduction, as aforesaid, any Law, Custom, or Usage to the contrary notwithstanding.

And be it further Enacted, That in case any Ship, or Vessel, or any Good, Ships, or Vessels Taken by Collusion, &c or Merchandizes, shall be Taken by any Privateer, through Consent, or Clandestinely, or by Collusion, or Connivance, such Ship, and Vessel, and such Goods, and Merchandizes, and also the Ships Tackle, Apparel, Furniture, and Ammunition of such Privateer, shall upon Proof thereof to be made in His Majesty's Court of Ex­chequer, or in the Court of Admiralty, to be Declared, and Ad­judged to be good Prize to His Majesty: One moiety thereof shall be to the Use of His Majesty, His Heirs, and Successors; and the other moiety to the Use of such Person who shall Discover, and Sue for the same: And the Bond given by the Captain of such Privateer, shall be, and is hereby adjudged to be Forfeited to His Majesty.

And in case any such Ship, or Vessel, or any Goods, or Mer­chandize, If so by a Man of War, &c. as aforesaid, shall be Taken by any Man of War, through Consent Clandestinely, or by Collusion, or Connivance of the Com­mander, or Captain, such Commander, or Captain shall Forfeit the Sum of One Thousand Pounds: One moiety thereof to the Use of His Majesty, His Heirs, and Successors; and the other Moiety to the Use of such Person who shall Discover, and Sue for the same: To be Recovered by Action of Debt, Bill, Plaint, or Information, in any of His Majesty's Court of Record, wherein no Essoign, Protection, Privilege, or Wager of Law, or any more than one Imparlance shall be allowed; and such Captain, or Officer shall forfeit his Command, and Employment, and shall be and is hereby Dis-abled, and made incapable of any Office, or Employment under His Majesty, during the space of Seven Years.

And the said Goods, and Merchandizes, and the Ships Tackle, Apparel, Furniture, Guns, and Ammunition so Taken by Collusion, shall be and is hereby adjudged to be good Prize to His Majesty.

And Whereas good, and necessary Laws have been Made, and still are in Force within several of His Majesty's Colonies, or Plantations in America, for the preventing the Carrying off from the said Colonies, or Plantations, any Servant, or Slave without the Consent of the Owner; or the Carrying off from thence any other Person, or Persons what­soever, until such Person have taken out his Ticket from the Secretary's Office within such respective Colony, or Plantation, in such Manner, and under such Penalties, and Forfeitures as in, and by the said several Laws is Declared, and Provided.

Be it therefore further Enacted by the Authority aforesaid, That all Commanders of Private Ships of War, Letters of Marque going into any Port, to be subject to the Dire­ctions thereof or Merchant Ships having Letters of Marque, shall upon their going into any of those Ports, or Harbours, be Subject, and they are hereby determined to be Subject to the several Directions, Provisions, Penalties, and Forfeitures in, and by such Laws Made, and Provided, any Thing in this Act contained to the contrary thereof in any wise notwithstanding.