Return to  Renascence Editions

A Bill To prohibit all Trade and Intercourse with the Colonies...

Great Britain. Parliament. House of Commons.

Note on the e-text: this Renascence Edition was transcribed in May 2007 by Sandra Jones from a reproduction of the original as found in House of Commons Sessional Papers of the Eighteenth Century, Ed. Sheila Lambert, Vol. 27, Scholarly Resources, Inc., 1975. Gaps in the text were left so in the bill as printed, to be filled in after enactment with the proper dates, sums, etc. "Presented by Lord North, 1a& otbp 27 November 1775. Enacted 16 Geo. III, c. 5." [Lambert, vi.]

Content unique to this presentation is copyright © 2007 The University of Oregon. For nonprofit and educational uses only. Send comments and corrections to the publisher, rbear[at]uoregon.edu

A

B       I       L       L

HEREAS many Persons in the Colonies of New Hampshire, Massachuset’s Bay, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, the Three Lower Counties on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, have set themselves in Open Rebellion and Defiance to the just and legal Authority of the King  and Parliament of Great Britain, to which they ever have been, and of Right ought to be, subject; and have assembled together an Armed Force, engaged His Majesty's Troops, and attacked His Forts, have usurped the Powers of Government, and prohibited all Trade and Commerce with this Kingdom, and the other Parts of His Majesty's Dominions :

For the more speedily and effectually suppressing such wicked and daring Designs, and for preventing the Property of His Majesty's other Subjects being endangered by Trading into Parts in Open Rebellion, or any Aid, Supply, or Assistance being sent thither during the Continuance of the said rebel­lious and treasonable Commotions, Be it  therefore Declared and 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 all Manner of Trade and Commerce is, and shall be, prohibited with the Colonies of New Hampshire, Massachusett’s Bay, Rhode Island, Connecticut, New York, New Jersey,  Pensylvania, the Three Lower Counties on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia; and that all  Ships and Vessels of, or belonging to, the Inhabitants of the said Colonies (wherever the same shall be found) together with their Cargoes, Apparel, and Furniture, and all other Ships and Vessels whatsoever, together with their Cargoes, Apparel and Furniture, which shall be found trading in any Port or Place of the said Colonies, or going to trade, or coming from trading, in any such Port or Place, shall be­come                              to His Majesty, as is the same were the Ships and Effects of Open Enemies, and shall be so adjudged, deemed, and taken in all Courts of Admiralty, and in all other Courts whatsoever.

Provided always, and it is hereby further Enacted and Declared, by the Authority aforesaid, That nothing in this Act shall extend, or be construed to extend, to such ships and Vessels as shall be actually retained or employed in His Ma­jesty's Service, or to such other Ships and Vessels the Masters whereof shall produce a Licence in Writing, under the Hand and Seal of the Lord High Admiral of Great Britain for the Time being, or of                       or more Commissioners for the Time being, for executing the Office of Lord High Admiral of Great Britain, or of any Person or Persons by him or them empowered and appointed, or under the Hand and Seal of the Governor of One of His Majesty's Islands in the West Indies, thereby authorizing the Master, by Name, of such respective Ship or Vessel, to sail from some particular Port or Place in Great Britain, Ireland, or His Majesty's Islands in the West Indies, unto some particular Port or Place in the Colonies abovementioned, and also expressing the Time for which such Licence shall subsist and be in Force.

And, for the Encouragement of the Officers and Seamen of His Majesty's Ships of War, Be it further Enacted, That the Flag-Officers, Captains, Commanders, and other Commissioned Officers in His Majesty's Pay, and also the Seamen, Marines, and Soldiers on Board, shall have the sole Interest and Property of and in all and every Ship, Vessel, Goods, and Merchandize, which they shall so seize and take (being first adjudged lawful Prize in any of His Majesty's Courts of Admiralty) to be divided in such Pro­portions, and after such Manner, as His Majesty shall think fit to order and direct by Proclamation or Proclamations hereafter to be issued for those Purposes.

And, for the more speedy proceeding to Condemnation or other determination of any Prize, Ship, or Vessel, Goods or Merchandizes, to be 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, or other Person or Persons thereto authorized, shall, within the Space of                                       Days after Request to him or them for that Purpose made, finish the usual Preparatory Examinations 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                                       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                                       Days Notice after the Execution of such Monition; or if there be such Claim, and the Claimant or Claimants shall not, within                                        Days, give sufficient Security (to be approved of by such Court of Admiralty) to pay                                        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 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 or Writings 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 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 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 within the Space of                                       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 Writings as 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 Examina­tions 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 Claimant's 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 Purpose the 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 Appraisement made, and within the Space of                                       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.

And it is hereby further Enacted by the Authority afore­said, That if any Claimant 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 pay the said Claimant or Claimants the full Value there‑of 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 the same to the said Captor or Captors, or their Agents.

And be it further Enacted by the Authority aforesaid, That from and after the                                       all Books, Papers, and Writings found in any Ship or Vessel taken as Prize, shall, without Delay, be brought into the Registry of the Court of Admiralty, wherein such Ship or Vessel may be proceeded against in order to Condemnation; but that such only of the said Books, Papers, and Writings shall be made use of and translated as shall be agreed or insisted upon by the Proctors of the several Parties, Captors, or Claimants, or, in case of no Claim, by the Captor or Register, to be necessary for ascertaining the Property of such Ship or Vessel, and the Cargo thereof.

And be it further Enacted by the Authority aforesaid, That all such Captures as aforesaid, which shall be brought into any of His Majesty's Dominions in America in order to be proceeded against to Condemnation in any of His Vice Ad­miralty Courts, 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 Officers of the Port or Place where the same shall be brought, and all the Captors thereof, and their Agents, subject to the Directions of the Court of Vice Admiralty, 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 Order as aforesaid shall have been made for the releasing or delivering of the same unto such Person or Persons, and to be so divided and disposed of, as His Majesty, His Heirs and Successors shall, by Proclamation or Proclamations hereafter to be issued for those Purposes, order and direct.

Provided always, and it is hereby further Enacted by the Authority aforesaid, That no Captures, which shall be taken by virtue of this Act, shall be carried into any of the Colonies
 or Plantations in America hereinbefore particularly mentioned, during and so long Time as such Colonies or Plantations respectively shall continue in a State of Re­bellion.

And be it further Enacted by the Authority aforesaid, That if any Judge or Judges, or other Officer or Officers, of any of His Majesty's Courts of Admiralty, 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 or discharging, releasing or delivering, of any such Capture in Manner aforesaid, within the respective Times hereinbefore limited, or as soon as the same ought to be done accord­ing to the Tenor and true Meaning of this Act, all and every such Judge and Judges, and other Officer and Officers, shall, for every such Offence, forfeit the Sum of                                        thereof to His Majesty, His Heirs and Successors                                       thereof, with                                        Costs of Suit, to such Person or Persons who shall inform, or sue for the same, in any of His Majesty's Courts in any of His Dominions, or in any of His Courts of Record within this Kingdom of Great Britain.

And be it further Enacted by the Authority aforesaid, That from and after the                                         no Register or Deputy Register, nor any Marshal or Deputy Marshal of or belonging to any of His Majesty's Courts of Admiralty, or Vice Admiralty, whatsoever, shall either directly or indirectly, by himself or themselves, or by any Agent or Agents, or other Person or Persons whatsoever, act or be concerned in any Manner, either as an Advocate or Proctor, in any Cause, Matter, or Business whatsoever, that shall be depending in any such Court or Courts of Admiralty to which such Register, Deputy Register, Marshal or Deputy Marshal, shall then belong; and that every Register, Deputy Register, Marshal, or Deputy Marshal, who shall be guilty of such Offence, (being thereof lawfully convicted, either upon an Information or Indictment) shall from thenceforth absolutely forfeit his respective Office and Employment of Register, Deputy Register, Marshal or Deputy Marshal, in and belonging to the same Court.

Provided always, and it is hereby further Enacted by the Authority aforesaid, That the Execution of any Sentence, so appealed from as aforesaid, shall not be suspended by reason of such Appeal, in case the Party or Parties appellate shall give sufficient Security, to be approved of by the Court in which such 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 in case any Person, who was not a Party in the first Instance of the Cause, shall interpose in an Appeal from a Sentence given in any Vice Admiralty Court, such Person, or his or her Agent, shall at the same Time enter his or her Claim, otherwise such Appeal shall be                        

And be it further Enacted by the Authority aforesaid, That if any Commander or Commanders, Officer or Of­ficers, Seamen, Marines, Soldiers, or others, shall break Bulk on Board, or embezzle 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, Seaman, Marine, Soldier, or others, shall forfeit                                       the Value of all such Money, Jewels, Plate, Goods, Merchandize, Tackle, Furniture, or Apparel, as he or they shall embezzle,                                        thereof to be to the Use of Greenwich Hospital, and the other                                       thereof to him or them who shall sue for the same by Action of Debt, Bill, Plaint, or Information, in any Court of Record in Great Britain, 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, as shall be taken as Prizes, shall be made by Agents or Persons nominated and appointed in equal Numbers by the Flag Officers or Flag Officer, Captains or Captain, Officers or Officer, Ship's Companies or Ship's Company, and others entitled there­unto; (that is to say) That if the Flag Officers or Flag Officer of any Fleet or Squadron of Ships as shall take any such Prize or Prizes, or the Majority of such Flag Officers (if more than One) shall nominate and appoint One or more Person or Persons, Agent or Agents, to                                       the same as aforesaid, then the Captains and Commanders, or Captain or Commander, entitled thereunto, or the Ma­jority of them (if more than One) shall nominate and ap­point the like Number of Persons or Agents to act for them; and all the other Officers, under the Degree of a Captain and Commander, entitled thereto, or the major Part of them, shall also nominate and appoint the like Number of Persons or Agents to act for them; and all the Crews of the several Ships Companies of the Fleet or Squadron, or Ship’s Company, and others entitled thereto, or the major Part of them, shall likewise nominate and appoint the same Number of Persons or Agents to act in their Behalf, in such Appraisement or Sale.

And be it further Enacted by the Authority aforesaid, That all and every Person or Persons, who shall be no­minated and appointed Agent or Agents, as aforesaid, for any Prize or Prizes to be taken by any Ship or Ships, Vessel or Vessels of War, and which Prize or Prizes shall be condemned in the High Court of Admiralty in Great Britain, or in any of the Courts of Vice Admiralty, in any of His Majesty's Dominions, where the said Prize or Prizes, and every of them, shall be condemned, shall exhibit, and cause to be registered, in the said High Court of Admiralty, or in the respective Courts of Vice Admiralty in any of His Majesty’s Dominions where the said Prize and Prizes and every of them shall be condemned, his or their respective Letter or Letters of Attorney appointing him or them Agent or Agents for the Purposes aforesaid; and if any Person or Persons, so appointed Agent or Agents as aforesaid, shall refuse or neglect so to do, for the Space of                                        Calendar Months next after Sentence of Con­demnation of any Prize shall be given in the said High Court of Admiralty in Great Britain, or in any Vice Ad­miralty Court in His Majesty's Dominions, for the Care and Distribution of which he or they shall be appointed Agent or Agents, such Person or Persons, so refusing or neglecting, shall forfeit the Sum of                                       to be recovered by him or them who shall sue for the same, by Action of Debt, Bill, Plaint, or Information, in any Court of Re­cord in Great Britain, or in any other of His Majesty’s Dominions, in which no Essoign, Protection, or Wager of Law, or more than one Imparlance, shall be allowed.

Provided always, That if any Agent or Agents shall be appointed after the Time any Sentence of Condemnation in any of the said Courts of Admiralty or Vice Admiralty shall be given, such Agent or Agents shall, under the aforesaid Penalty, register, or cause to be registered, in Manner aforesaid, his or their respective Letter or Letters of Attorney appointing him or them Agent or Agents as aforesaid, within the Space of                                       Calendar Months after the Date of the said Letter or Letters of Attorney.

And be it further Enacted by the Authority aforesaid, That after the Sale or Sales of any Prize or Prizes which shall be taken by any of His Majesty's Ships of War in pursuance or by virtue of this Act, Public Notification or Notifications shall be given and published in such Manner as is hereinafter particularly mentioned; (that is to say) If the Prize or Prizes shall be condemned in His Majesty's High or other Court of Admiralty in Great Britain, then the Per­son or Persons, Agent or Agents, to be appointed in pur­suance of this Act for the Appraisement and Sale of such Prize or Prizes, shall insert and publish, or cause to be in­serted and published, such Notification, under his or their Hand or Hands respectively, in the London Gazette; and if condemned in any Court or Courts of Admiralty in any other of His Majesty's Dominions, then such Person or Per­sons, Agent or Agents as aforesaid, shall insert and publish, or cause to be inserted and published, such Notification, under his or their Hand or Hands respectively, in the Gazette, or some other News-Paper of Public Authority, of the Island or Place where the Prize or Prizes shall be condemned; and if there shall be no Gazette or such other News-Paper published there, then in some or one of the most Public News-Papers of such Island or Place for the Time being; and all Persons or Agents publish­ing, or causing to be published, every such Notification respec­tively, shall deliver to the Collector, Customer, or Searcher for the Time being, of His Majesty's Customs, residing at or belonging to the Port or Place where the Prize or Prizes shall be condemned, or the lawful Deputy or Deputies of such Collector, Customer, or Searcher; and if there shall be no such Collector, Customer, or Searcher, then such Persons or Agents, as aforesaid, shall deliver to the Principal Officer or Officers of the Port or Place where the Prize or Prizes shall have been condemned, or to the lawful Deputy or Deputies of such Principal Officer or Officers                                       of the Gazettes or other News-Papers in which such Notification shall be so inserted and Published; and if there shall not be any Public News-Papers in any such Island or Place, then such Person or Persons, Agent or Agents shall give                                        such Notifications, in Writing under his or their respective Hand or Hands, to the said Collector, Cus­tomer, or Searcher, or the Deputy or Deputies of such Collector, Customer, or Searcher, or, where there shall be no such Collector, Customer, or Searcher, to such Principal Officer or Officers, or his or their Deputy or Deputies aforesaid; and every such Collector, Customer, or Searcher, and Principal Officer or Officers, or such Deputy or Deputies, shall sub­scribe his or their Name or Names on some conspicuous Part of both the said Gazettes, News-Papers, or Written Notifica­tions respectively; and, by the First Ship which shall sail (after his or their Receipt of such Gazettes, News-Papers, or Writ­ten Notifications respectively) from such Port or Place to any Port of Great Britain, shall transmit or send to the Treasurer of Greenwich Hospital, or the Deputy of such Treasurer for the Time being, One of the said Gazettes, News-Papers, or Written Notification, with his or their Name or Names so subscribed to and upon the fame respectively, to be there re­gistered, and shall faithfully preserve and keep the Other of the said                                        Gazettes, News-Papers, or Written Notifications, with his or their Name or Names subscribed as aforesaid, in his or their Custody; and that, in every such Printed or Written Notification as aforesaid, the said Person or Persons, Agent or Agents, shall insert or specify his or their Place or Places of Abode, and the precise Day of the Month and Year appointed for the Payment of the several and respective Shares of the Prize or Prizes to the Captors; and all such Notifications with respect to Prizes, which shall be condemned in Great Britain, shall be published in the London Gazette,                                       Days at least before any Part or Parts, Share or Proportion of any such Prize or Prizes shall be paid to any Person or Persons entitled thereto; and all such Notifications, with respect to Prizes condemned in any other Part of His Majesty's Dominions, shall be delivered to the said Collector, Customer, or Searcher, or Principal Officer or Officers aforesaid. respectively, or such respective Deputy or Deputies,                                       Days at least before any Part or Parts, Share or Proportion of any such Prize or Prizes shall be paid to any Person or Persons entitled thereto: After which several and respective Notifications, if any Men's Shares shall remain in the Hands of the Persons or Agents appointed as aforesaid, either belonging to such Men as shall be run from His Majesty's Service, or which shall not be legally demanded within                                       Years, then such Share or Shares so remaining in the Persons or Agents Hands, or belonging to such Men as shall run from His Majesty's Service, shall go and be paid to the Use of Greenwich Hospital.

And be it further Enacted by the Authority aforesaid, That the Notifications in all such Gazettes, News-Papers, and in Writing respectively as aforesaid, which shall be so transmit­ted and attested by such Collector, Customer, or Searcher, or Principal Officer or Officers, or such Deputy or Deputies as aforesaid, and registered at the said Royal Hospital, on Proof of the Hand-Writing of such Collector, Customer, or Searcher, Principal Officer or Officers, or Deputy or Deputies, from Time to Time, and at all Times, shall be good and sufficient Evidence in all His Majesty's Courts of Law and Equity, that the Person or Persons, whose Name or Names is or are therein set forth and specified as the Agent or Agents for the Prize or Prizes therein respectively men­tioned, is or are such Agent or Agents.

Provided always, 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, which shall be taken as Prize and brought or imported into this Kingdom or any of His Majesty's Dominions, 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 liable by Virtue of the Laws and Statutes of this Realm.

Provided always, and be it further Enacted by the Au­thority aforesaid, That if any Ship, Vessel, or Boat, taken as Prize, or any Goods therein, shall appear and be proved, in the High Court of Admiralty or Vice Admiralty Court, to have belonged to any of His Majesty's Subjects of Great Britain or Ireland, or any of the Dominions and Ter­ritories remaining and continuing in their Allegiance to the King, and under His Majesty's Protection, which were before taken or surprized by any of His Majesty's Rebel­lious Colonies or Plantations before-mentioned, and at any Time afterwards again surprized and re-taken from His Majesty’s said Rebellious Colonies or Plantations, by any of His Majesty’s Ships of War, or other Ship, Vessel, or Boat, un­der His Majesty's Protection and Obedience; that then such Ships, Vessels, Boats, and Goods, and every such Part and Parts thereof as aforesaid, formerly belonging to such His Majesty's Subjects remaining and continuing under His Protection, shall in all Cases be adjudged to be restored, and shall be, by Decree of the said High Court of Admiralty or Vice Admiralty Court, accordingly restored to such former Owner or Owners or Proprietors, he or they paying for and in Lieu of Salvage, (if re-taken from the Rebels by One of His Majesty’s Ships of War),                                     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 Men 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 Soldiers where Prizes are taken by any of His Majesty's Ships of War, or other Ship, Vessel, or Boat, before it has been in the Possession of the Rebels                                     Hours,                                     Part of the true Value of the said Ships, Vessels, Boats, and Goods; and if it has been in Possession of the Rebels above                                      Hours, and under                                     Hours,                                     Part thereof; and if above                                     Hours, and under                                      Hours,                                          Part thereof; and if above                                     Hours,                                    thereof; and if such Ship or Vessel so re-taken by any of His Majesty's Ships of War, shall ap­pear to have been, after the taking by the Rebels, by them set forth as a Ship or Vessel of War, the former Owners and Proprietors, to whom the same shall be restored, shall be adjudged to pay, and shall pay, for Salvage                                     of the true Value of the said Ship or Vessel so taken and restored, without any Deductions, any Law, Custom, or Usage to the contrary notwithstanding.

And be it further Enacted by the Authority aforesaid, That no Person or Persons belonging to any of His Majesty's Ships or Vessels of War, or to any Merchant Ship employ­ed in His Majesty's Service, who shall run away or withdraw him or themselves from the Ship or Vessel by which any Prize or Prizes shall be taken, 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 Cap­tors of the said Prize or Prizes, shall have, or be entitled to have, or claim, any Interest in, or Benefit of, the said Share or Shares, of the said Prize or Prizes, or any Part thereof, but such Share and Shares of such Prize and Prizes shall go and be paid to the Use of Greenwich Hospital.

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 and they shall                                      such Part of his and their Share and Shares of the said Prize or Prizes, as shall be remaining in the said Agent or Agents Hands, at the Time of his or their running away or with­drawing him or themselves, any thing herein before contained to the contrary thereof in any wise notwithstanding.

And be it further Enacted by the Authority aforesaid, That all and every Person and Persons, Agent and Agents, and others, who shall sell or otherwise dispose of any Prize or Prizes so to be taken as aforesaid, shall, within the Space of                                     Calendar Months next after the Day to be appointed for the First Payment or Distribution to the Captors of such Prize or Prizes, made in pursuance of such Public Notification as aforesaid, make out and transmit or deliver unto the Treasurer of the said Royal Hospital at Greenwich for the Time being, or to such Person or Persons as he shall for that Purpose depute or appoint, a true State and Account in Writing, under the Hand or Hands of such Agent or Agents, or Person or Per­sons so employed, of the Produce of all such Prize and Prizes as aforesaid, together with an Account of the Payments of the several Shares to the Captors, as shall then have been really and bona fide by him or them respectively paid; and also that all and every Person and Persons, Agents others, that by virtue of this Act shall sell or dispose of any Prize or Prizes, which shall at any Time or Times hereafter be taken by any of His Majesty's Ships or Vessels of War, such Person and Per­sons, Agents and others, so selling and disposing thereof, shall, within the Space of                                     Calendar Months next after the Expiration of the Term of                                      Years limited by this Act, make out an exact Account in Writing, of the Pro­duce of Each Prize and Prizes, as also of the Payments of the several Shares to the respective Captors, together with a true and just Account upon Oath to be taken before the Treasurer of the said Hospital for the Time being, or any other Person or Persons by him for that Purpose deputed and authorized, in Writing under his Hand and Seal (which Oath the said Treasurer of the said Hospital, and his suffi­cient Deputy and Deputies, authorized as aforesaid, is and are hereby authorized and impowered to administer) of all Sum and Sums of Money as shall be then remaining in such Agent or Agents, or Persons Custody, Power or Possession, and shall at the same Time deliver, or cause to be delivered, to the Treasurer of the said Hospital for the Time being, or to his sufficient Deputy or Agent, the said Accounts so attested upon Oath as aforesaid, together with all such remaining Sum and Sums of Money then so left and remaining in his or their Hands as aforesaid, taking from the said Treasurer or his pro­per Deputy or Agent, his or their Acquittance or Acquit­tances for the same.

And be it further Enacted, That all and every Person and Persons hereby directed to transmit or deliver all or any the Accounts before-mentioned, who shall neglect or refuse to transmit or deliver all or any such Account or Accounts to the Treasurer of the said Hospital, or his said Deputy or Agent, within the Time before limited and appointed, in Manner and Form as is hereinbefore mentioned, or who shall neglect or refuse to pay over all and every such Sum and Sums of Money as shall remain in his or their Hand or Hands, Power, Custody, or Possession, after the Term of                                     Years, to be accounted as aforesaid, shall, for every such Offence, forfeit the Sum of                                     over and above the Money then in such Agents Hands; _  Part whereof shall belong to His Majesty, and the remaining                                     to the said Royal Hospital,
to be recovered with Costs of Suit, by Action of Debt, Bill, Plaint, or Information, in any of His Majesty's Courts of Re­cord, in which no Essoign, Protection, Privilege, or Wager of Law, or more than one Imparlance, shall be allowed.

And be it further Enacted by the Authority aforesaid, That if any Fraud, Collusion, or Deceit, shall be wittingly or willingly made, used, committed, permitted, or done, or suffered, in making, stating, or balancing any such Accounts, then every Person or Persons who shall be thereof duly convicted, and his and their Aiders and Abetters, shall forfeit and pay, for every such Offence, over and above the Penalties and Punishments inflicted by this Act, the Sum of                                     Part whereof to be to the Use of His Majesty, and                                      to the Use of the said Hospital, and the remaining                                     to the Informer who shall sue for the same, to be recovered, with Costs of Suit, by Action of Debt, Bill, Plaint, or Information, in any Court of Record, in which no Essoign, Protection, Privilege, or Wager of Law, or more than one Imparlance, shall be allowed.

And be it further Enacted by the Authority aforesaid, That the Register or Registers of His Majesty's High Court of Admiralty, and all other Courts of Admiralty in Great Britain, shall from Time to Time duly enter or re­gister, or cause to be entered or registered, in One or more Book or Books, to be by him or them kept for that Purpose only, all Letters of Attorney that shall be exhibited by any Agent or Agents for any Prize or Prizes which shall be taken by any of His Majesty's Ships or Vessels of War, within                                     Days after the same shall be so exhibited or delivered to such Register or Re­gisters, at his or their respective Offices, which Registry shall contain the Day of Delivery and Entry, the Dates of the Letters of Attorney, the Names and Places of Abode of the Agents, the Names of the Prizes taken, to­gether with the Names of the Ships or Vessels by which such Prizes shall have been taken; and the said Register or Registers shall, on the                                     and the                                     or within                                     Days thereafter, in every Year, transmit or deliver unto the Treasurer of the said Hospital, or to the lawful Deputy of such Treasurer for the Time being, a true Copy or Transcript, under his or their Hand or Hands, of all such Entries as afore­said, within the preceding Half Year; and if such Register or Registers shall neglect or refuse to make and keep such Entries, or to transmit or deliver such Copies thereof as aforesaid, within the respective Times hereinbefore limited for that Purpose, he or they shall, for every such Offence, forfeit the Sum of                                     to be recovered by Action of Debt, Bill, Plaint, or Information, in any of His Majesty's Courts of Record, in which no Essoign, Protec­tion, Privilege, Wager of Law, or more than one Impar­lance, shall be allowed.

And be it further Enacted by the Authority aforesaid, That the Register or Registers of all and every the Court and Courts of Admiralty, in any of His Majesty's Domi­nions, shall Yearly and every Year, upon the                                     or within                                     Calendar Months next after the same, make out and transcribe true Copies of all and every such Letter and Letters of Attorney, as shall be so registered in the said Court or Courts, to which the Judge and Judges of the said Court and Courts shall affix his and their Seal of Office; and then the said Register and Registers shall transmit the same to the Treasurer of the said Royal Hospital at Greenwich, to be there registered, and to be inspected by any Person gratis, the Charges of which Copies, and affixing the Seal or Seals thereto and transmitting the same to the Treasurer of the said Hospital, shall be paid by the said Agent or Agents at the Time of making such Registry as aforesaid; and in case such Register or Registers shall neglect or refuse  to transcribe and transmit such Copy and Copies of the said Letter and Letters of Attorney, in Manner aforesaid (any Ship or Ships in that Time failing from such Port or Place to any Port or Place in Great Britain) such Register and Registers so neglecting or refusing, shall for­feit the Sum of                                     to be recovered by him or them who will sue for the same, by Action of Debt, Bill, Plaint, or Information, in any Court of Record in Great Britain, or in any other Part of His Majesty's Dominions, in which no Essoign, Protection, Privilege, or Wager of Law, or more than one Imparlance, shall be allowed.

And, for the more effectual making such Letters of At­torney Evidence of the Agency of the Person or Persons to whom the same shall be made, Be it further enacted by the Authority aforesaid, That true Copies of such Letter and Letters of Attorney, and of Transcripts under Seal, transmitted by the said Register or Registers of the Court and Courts of Vice Admiralty within any of His Majesty's Dominions, and registered by the said Treasurer of Green­wich Hospital, shall from Time to Time, and at all Times hereafter, be good and sufficient Evidence of the Agency of the Person or Persons to whom such Letter of Attorney is or shall be made, and from Time to Time, and at all Times hereafter, shall be admitted, without further or other Proof thereof, to be legal Evidence, in all His Majesty's Courts of Record of Law or Equity, any Law, Custom, or Usage to the contrary thereof in any wise notwith­standing.

Provided always, and it is hereby further Enacted by the Authority aforesaid, That nothing herein contained shall extend, or be construed to extend, to any Ship or Vessel the Property of any Person or Persons residing in any of the said Colonies of New Hampshire, Massachuset's Bay, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, the Three Lower Counties on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, or any or either of them, which, on or before the                                     shall have arrived at any of the British Sugar Colonies or Plantations in the West Indies, laden with Lumber and Provisions, or either of them, and, after discharging the same at such Sugar Colony or Plantation, shall lade and take on Board there, in order to be transported from thence into Great Britain or Ireland, any Goods or Commodities which may be lawfully transported from such Sugar Colony or Plantation into Great Britain or Ireland respectively, in any other British Vessel, upon Condition that the Master or Person having the Charge of such Ship or Vessel, shall produce a Certificate, under the Hands and Seal of Office of the Collector and Comptroller, or other Principal Officer of His Majesty's Customs for the Port or Place where such Goods shall be laden, certifying that such Ship or Vessel did arrive at such Sugar Colony or Plantation on or before the said                              laden with Lumber and Provisions, or either of them, as the Case may be, and that, after having discharged the same in such Sugar Colony or Plantation, she had taken on Board the several Goods therein laden for Great Britain or Ireland respectively, describing the Name and Burthen of the Ship, with the Name of the Master, and the Contents of the Cargo, with the particular Marks and Numbers of the Pack­ages of each Sort and Species of Goods so laden, the Port or Place where laden, and the Port in Great Britain or Ireland to which the Goods are consigned, and that Bond and Security has been given for the due landing thereof according to Law; which Certificate such Collector and Comptroller, or other Principal Officer of the Customs, are hereby required and injoin­ed to give without Fee or Reward.

And whereas, before the passing this Act, and since the Commencement of the said unnatural Rebellion, divers Persons Vessels, Cargoes, and other Effects, may have been seized, detained, examined, and searched, for the Public Ser­vice, in withstanding or suppressing the said Rebellion: Be it further enacted by the Authority aforesaid, That all such Acts shall be deemed just and legal, to all Intents, Con­structions, and Purposes whatsoever; and if any Action or Suit shall be commenced or prosecuted against any Person or Persons, for or by Reason of any Thing so done, or for or by Reason of any Thing done or acted in Pursuance of this Act, then, and in every such Case, such Action or Suit shall be commenced within                                     Calendar Months next after the Fact committed, and not afterwards, and the De­fendant or Defendants shall and may plead the General Issue, and give this Act and the special Matter in Evidence; and if the Act shall appear to have been done for the Service of the Public, or in Pursuance of and by the Au­thority of this Act, or if any such Action or Suit shall be brought after the Time hereinbefore limited for bringing the same, then the Jury shall find for the Defendant or De­fendants, and upon such Finding, or if the Plaintiff or Plain­tiffs shall be nonsuited, or discontinue his or their Action after the Defendant or Defendants shall have appeared, or if, upon Demurrer, Judgment shall be given against the Plaintiff or Plaintiffs, the Defendant or Defendants shall and may re­cover                                     Costs.

And whereas an Act was passed in the Fourteenth Year of the Reign of His present Majesty, intituled, An Act to discontinue, in such Manner, and for such Time as are there­in mentioned, the landing and discharging, lading or ship­ping of Goods, Wares, and Merchandize, at the Town, and within the Harbour, of Boston, in the Province of Massa­chuset’s Bay, in North America; and also an Act, passed in the last Session of Parliament, intituled, An Act to restrain the Trade and Commerce of the Provinces of Massachuset's Bay, and Colonies of Connecticut and Rhode Island, and Providence Plantation, in North America, to Great Britain, Ireland, and the British Islands in the West Indies, and to prohibit such Provinces and Colonies from carrying on any Fishery on the Banks of Newfoundland, or other Places therein mentioned, under certain Conditions and Limitations; and also another Act passed in the same Session, intituled, An Act to restrain the Trade and Commerce of the Colonies of New Jersey, Pensylvania, Maryland, Virginia, and South Carolina, to Great Britain, Ireland, and the British Islands in the West Indies, under certain Conditions and Limitations: And whereas the Prohibitions and Restraints, imposed by the said Acts, will be rendered unnecessary by the provisions of this Act; Be it therefore Enacted by the Authority aforesaid, That from and after                                      the said Acts shall be, and the fame are hereby                                    

And be it further Enacted by the Authority aforesaid, That this Act, so far as the same relates to the Capture and Forfeiture of Ships and Vessels belonging to the In­habitants of the above-mentioned Colonies, shall commence and be in Force from and after                                     and so far as the same relates to the Capture and For­feiture of all Ships and Vessels that shall be found going in, or at any of the said Colonies, from and after the                                     and so far as the same relates to the Capture and Forfeiture of all Ships and Vessels that shall be found trading in, or at any of the said Colonies, or bound and trading from any Port or Place in the same, from and after the                                     and shall continue to be in Force so long as any of the said Colonies shall remain in a State of Rebellion and Disobedience.

Provided always nevertheless, and it is hereby Enacted by the Authority aforesaid, That in order to encourage all well-affected Persons in any of the said Colonies to exert themselves in suppressing the Rebellion therein, and to afford a speedy Protection to those who are disposed to return to their Duty, it shall and may be lawful to and for any Person or Persons appointed and authorized by His Majesty thereto, to grant a Pardon or Pardons to any Number or Description of Persons, with such Exceptions therefrom as shall seem fit and reasonable, and also, by Proclamation, to declare any Colony or Plantation, or any County, Town, Port, District, or Place, in any Colony, to be at the Peace of His Majesty; and from and after the Issuing of any such Proclamation in any of the aforesaid Colonies, or if His Majesty shall be graciously pleased to signify the same by His Royal Proclamation, this Act, with respect to such Colony or Plantation, County, Town, Port, District or Place, shall                                     And if any Captures shall be made, after the Date and Issuing of such Proclamations, of any Ships or Vessels, and their Cargoes, belonging to the Inhabitants of any such Colony or Plantation, County, Town, Port, District, or Place, the same shall be restored to them, upon Claim being entered, and due Proof made of their Property therein.

Provided always, That such Proclamation or Proclamations shall not discharge or suspend any Proceeding upon any Capture of any such Ship or Vessel made before the Date and Issuing thereof.

 

Renascence Editions