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ordered by the government to guard and defend our trading vessels from the assaults of pirates, or encroachers on our commerce, more especially in our fisheries, and other parts of the West Indies; where they may be exposed to such attacks by commercial intruders. The sailing of all convoys is publicly advertised, and the days fixed for their departure, that ships may get to the rendezvous, or destined places, from whence they are to set sail by the times appointed, and there receive orders from the commanding officer relative to their future proceedings, which the masters must take care punctually to observe, otherwise they alone will be answerable for any loss or miscarriage that may happen through such neglect.

In France and other countries, masters disobeying the orders of the commanders of convoys, or departing from their convoy, are punished by fine and imprisonment, besides being responsible with their property to their owners for the losses that may ensue by such conduct. In England, they are only liable to a civil action for damages, to indemnify the owners and merchants, for the ships and cargoes captured by their wilful disobedience; but by the statute 43 Geo. 3. c. 57. herein-after mentioned, the masters are subjected to penalties for offences of this nature. See the provisions of this statute infra. But the difficulties that arise in determining when the masters have made the insurance void are almost innumerable; and fall properly under the head of insurances, of which hereafter. If the fault lies on the commodore, he is made punishable by the subsequent law, viz.

st. 1. c. 99.

The captains, officers, and seamen, of all ships appointed for convoy of merchant 13 Car. 2. ships and others, shall diligently attend upon that charge, without delay, according to 1. their instructions; and whosoever shall be faulty therein, and shall not faithfully defend the ships and goods in their convoy, or shall demand any money, or reward, from any merchant or master for convoying of such ships belonging to his Majesty's subjects, shall > be condemned to make reparation of the damage, as the Court of Admiralty shall adjudge, and also be punished criminally by pains of death, or other punishment, as shall be adjudged by the court-martial.

Confirmed by 22 Geo. 2. p. 693. art. 17.

By the statute 43 Geo. 3. c. 57. intituled, " An Act for the better protection of the Sect. 1,6, trade of the United Kingdom during the present hostilities with France," it is enacted, 8, 15, 16. that no British vessel except vessels not required to be registered; vessels licensed by the Admiralty, &c.; vessels proceeding to join convoy (except as to clearance bond); vessels sailing from one place to another in the kingdom; vessels of the East India or Hudson's Bay Companies; vessels sailing from foreign ports where convoy is appointed, &c.; and vessels laden with the produce of the fishery at Newfoundland, &c. (except from the port of St. John's while any admiral, &c. shall be stationed there,) shall sail without convoy; and that if the master of any vessels sailing under convoy shall sepa- Sect. 2, 9, rate from such convoy without leave, he shall forfeit 1000l., and if laden with naval or military stores he shall forfeit 15001., which penalties may however be mitigated to any sum not less than 501.

It also enacts, that all insurances on vessels sailing without convoy, &c. shall be void Sect. 4. with respect to the property of the master or parties privy to the offence, and if any loss is settled or paid on such policy, a penalty of 2001. is incurred for every such offence; and that no vessel shall be cleared outwards till a bond be given to the collector of the Sect. 5. customs not to sail without convoy.

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No fee, gratuity, or reward is allowed to be demanded or received for any licence Sect, T. granted in pursuance or under the authority of this statute.

And it is enacted, that the Admiralty shall give notice in the London and Dublin Sect. 9. -Gazettes, and to the commissioners of customs, that masters shall have flags on board

to answer the signals, without which they shall not be cleared outwards; and that mas- Sect. 10.

T

Sect. 12.

Sect. 17.

Sect. 23.

Molloy p. 280. s. 17.

9 Ann, c.

ters in danger of being boarded by the enemy shall make signals, and if boarded, destroy instructions as to convoy, and for neglecting to do so shall forfeit 2001.

The penalties inflicted by this statute are given half to the King and half to informer, if sued for within a year; if not sued for within that time the whole penalty given to the King, to be sued for in the name of the Attorney-General; and the statute is to con tinue during the present hostilities with France.

And by the statute 45 Geo. 3. c. 72. it is enacted, that commanders deserting their convoys shall forfeit their share of prize.

By the treaty with Holland in 1667, it is stipulated, that the men of war or convoys of either nation, meeting or overtaking at sea any merchant ship or ships belonging to the subjects or inhabitants of the other, holding the same course, or going the same way, shall be bound, as long as they keep one course together, to protect and defend them against all and every one who would set upon them.

Cruizers are commonly the best sailing ships, appointed by the Admiralty to cruize in some certain latitudes, in order to meet with, and apprehend, or destroy the enemy; they are generally of the smallest rates, and must by no means leave their stations during the time limited, except forced thereto by some damage received, or by stress of weather. By the 6 Ann. cap. 13. it was enacted, that beside the line-of-battle ships, forty-three others should be employed as cruizers and convoys for the better preservation of trading vessels; four of which were to be third-rates; sixteen fourth-rates, and the rest of sufficient force to guard our commerce; they were to attend, as before-mentioned, in certain stations, and the Commissioners of the Admiralty may direct those of the navy, or some one or more persons, resident at such places as his Majesty shall appoint, to superintend and oversee every thing relating to those cruizers,

Several subsequent acts have confirmed the above, and increased the number of eruizers as necessity has required, to the no small security of our maritime interest.

Having now described the different modes of attacking an enemy at sea under proper, authority, it follows in order, that we should treat of the consequence of success, under the articles

OF CAPTURES, CONDEMNATIONS, AND APPEALS.

I have already had occasion to mention several circumstances concerning prizes, under the preceding article of Letters of Marque, &c. however, shall add a few more here, and begin with the distinctions made concerning them, which are of three sorts, viz.

1. Ships and goods taken by letters of marque, and by jus reprisaliarum.
2. Those taken from pirates or sea rovers; and

3. Those taken from professed enemies.

The first, as has been before-mentioned, belong entirely to the captors, after a legal condemnation, as the second does after an account thereof is given to the admiral, and the third were to be proceeded in, according to the power which authorised the capture.

It has been also granted to companies, to appropriate the prizes made in consequence 9. sect. 51. of an infringement of their charters; as to the East India, who have a right to all ships, &c. trading within their limits, for which they may sue in any of the courts at f. Westminster; as that of the South Sea may, though their grant is yet more ample, viz. The Company shall have all ships and goods which shall be taken as prize, by the ships employed or licensed by it, within their limits, or by such ships of her Majesty, as she

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7 Geo. 1. cap. 21. sect. 1.; 3 Geo. 2. cap. 14. sect. 9.

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shall allow for defence of the trade, without any account, save only that the officers and seamen on board the said ships of her Majesty, which shall be assisting to the taking any such ships or goods as prize, shall have such share thereof as her Majesty shall direct by the charter of incorporation; and it shall be lawful for the Company and their servants, and other persons employed and licensed by them, to seize by force of arms, the persons, ships, goods, or effects, of any of the subjects of her Majesty, who shall frequent, trade, or adventure into the South Seas, or other the limits aforesaid, and to detain, to the use of the Company, the ships, goods, and effects, so seized, and to send into Great Britain the persons of such of the subjects of her Majesty as shall be so seized, ir order to their being prosecuted according to law..

It has been observed in a preceding part of this work, that no prize can be disposed 13 Geo. 2. of, nor any of her cargo touched, till after a legal condemnation in the Court of Admí- P. 133. ralty here, or elsewhere and that no delays be made in the process, it is enacted, that the Judge of such court shall, if requested thereto, within five days after request to him made, finish the usual preparatory examination of the proof of the capture being lawful, or that the proper monition shall be properly issued and exccuted within three days after request made to do so; and if there is no claim to the capture within twenty days, or the security required by the statute shall not be given within five days, then the Judge of the Admiralty shall, upon production of papers, &c. proceed without delay to acquit or condemn the capture; and if legality of capture be doubtful, and foreign evidence is necessary for settling those doubts, the Judges may cause the capture to be appraised by persons appointed; by the captor and duly sworn, and after such appraise ment, security shall be given to pay the captors the amount thereof, if adjudged lawful prize, and upon such security being given, the Judge shall cause the capture to be released and delivered up to claimant.

By stat. 15 Geo. 2. c. 31. s. 6. security must also be given by claimants for payment of costs...

By stat. 17 Geb. 2. c. 34. s. 4. it is enacted, that if claimants refuse to give security Sect. 6. captors may give such security and proceed to trial: and Judges abroad delaying a trial

are subject to a penalty of 500l. to be recovered qui tam. with costs, &c.

For condemning a prize in the Admiralty Courts abroad no larger sum than 101. shall Sect. 7. be paid if the vessel be under the burthen of 100 tons, nor more than 151. if above that burthen, under the like penalties.

The whole of these provisions were confirmed and re-enacted by the statute 29 Geo. 2. c..34. s. 3, 4, 6 and 75

Execution shall not be suspended if upon an appeal an appellate give security, 29 Geo. 3. c. 34. s. 9. (As to appeals see the next division of this chapter.)

By the statute 43 Geo. 3. c. 134. prize goods may on condemnation be landed in Great Britain, and secured in warehouses, upon payment of the duties and customs therein mentioned; and military or ship stores are exempted from duty and goods sect. 7. condemned abroad are entitled to the benefit of the act, on production of certificate of condemnation. And all prizes (except ships of war) condemned abroad shall pay the duty on their first arrival.

The statute 21 Geo. 3. c. 5, s. 3. makes provisions and regulations as to prizes con- Sect. 8, demned in the port of London.

And by the statute 45 Geo. 3. c. 72. it is enacted amongst other things, that no proctor shall be concerned only for one party, under a penalty of 500l., forfeiture of the office, and disqualification. The section 43 of this act, confirms and re-enacts the provisions of the stat. 13 Geo. 2. c. 34. above mentioned; and the statute further provides that on reversal of sentence after sale the net proceeds shall be deemed the value; and that six small privateers taken from the enemy may be included in one adjudication;

21 Geo. 3.

c. 5. s. 3.

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49 Gen. 3.

c. 128. s. 5.

28 Geo, 2.

cap.8.

41 Geo, 3. cap. 90.

and that all books, &c. found on board captures shall be brought into registry of Admiralty Court.

By statute 49 Geo. 3. c. 123. 8. 5. it is enacted, that notice of condemnation shall be transmitted to the treasurer of the navy by the navy agent, and subjects him to a penalty of 5001. for neglect of doing it.

APPEALS from the Vice-Admiralty Courts in America, and our other plantations and settlements, may be brought before the Court of Admiralty in England, as being a branch of the Lord High Admiral's jurisdiction, though they may also be brought before the King in Council. But in cases of prize-vessels taken in time of war, in any part of the world, and condemned in any Court of Admiralty or Vice-Admiralty as lawful prize, the appeal lies to the Commissioners of Appeals, and not to Judges' Delegates. And this by virtue of divers treaties with foreign nations, by which particular courts are established in all the maritime countries of Europe for the decision of this question, Whether lawful prize or not? For this being a question between subjects of different states, it belongs entirely to the law of nations, and not to the municipal laws of either country, to determine it. The original court for deciding this question in England is the Court of Admiralty; and the Court of Appeal is in effect the King's Privy Council, the members of which are, in consequence of treaties, commissioned under the great seal for this purpose.

The Commissioners of Appeals, formerly appointed by our Sovereigns, were half their Privy Counsellors, and some others mentioned in the appointment, to whom appeals were to be made, both at home and abroad, as above; but as some difficulties arose about the commission, the following act was made to remedy and solve them, viz.

His Majesty, in order to bring appeals from sentences in causes of prizes, pronounced in the Courts of Admiralty, to a speedy determination, did, by his commission, bearing date the 11th of July, in the twenty-second year of his reign, revoke a former commission granted to all his Majesty's then Privy Counsellors, and all other his Privy Counsellors for the time being, during pleasure; and did also, by the same commission, appoint all his Privy Counsellors then being, as also Sir Thomas Parker, Knight, Lord Chief Baron of the Exchequer; Sir Martin Wright, Sir Thomas Dennison, and Sir Michael Forster, Knights, Justices of the Court of King's Bench; Sir Thomas Abney, Sir Thomas Burnet, and Sir Thomas Birch, Knights, Justices of the Court of Common Pleas; Charles Clark, Edward Clive, and Heneage Legge, Esqrs. Barons of the Court of Exchequer, and the Chief Baron of the Exchequer for the time being, to be commissioners, for hearing and determining such appeals, during pleasure, &c. and as some objections have been raised against the last-mentioned commission, on account of the Lord Chief Baron of the Exchequer, the Justices of the King's Bench and Common Pleas, and the Barons of the Exchequer, who were not of the Privy Council, being joined therein; it is therefore enacted, that the said commission, and all the powers granted therein, shall be deemed good in law; and the Commissioners, as well the said Lord Chief Baron, and the said Justices and Barons therein named, and the Lord Chief Baron of the Exchequer, and the Justices of the King's Bench and Common Pleas, and the Barons of the Exchequer, for the time being, although they should not be of the Privy Council, are empowered, during his Majesty's pleasure, to receive and determine all such appeals, and to use all other jurisdictions, according to the true intent of the said commission.

No sentence upon the hearing of any such appeal shall be valid, unless a majority of the commissioners present be of the Privy Council.

By the statute 41 Geo. 3. c. 96, intituled “ An Act for the better regulation of his Majesty's prize courts in the West-Indies and America, and for giving a more speedy and effectual execution to the decrees of the Lords Commissioners of Appeals."

Judges of two Vice Admiralty Courts in any two of the islands, and at Halifax in America, are appointed with salaries of 2000l. per annum each; and by this act it is amongst other things enacted, that on appeals the Court may, at the request of appellant, direct the property to be sent to England for sale, and the proceeds deposited in the Bank, or the proceeds may be sent and deposited; and if any difficulty arise before or after appeal, the captors or claimants may apply by their proctors to the Admiralty Court here, or the Commissioners of Appeal, for directions.

96. s. 11.

c. 72.

In cases of appeal, service of process on commander of King's ships, or his regis- 41 Geo.3.c. tered agent in this kingdom, or upon his Majesty's law office in the court below, or in cases of captures by privateers upon the commander or owners, or any or either of them, or upon the sureties to the letters of marque, is good service upon the parties. By statute 45 Geo. 3. c. 72. appeals may be made to Commissioners for hearing 45 Geo. 3. prize causes, and appellants, not parties in the first instance, must enter their claims on appeals; and it is provided that the appellants shall take out inhibitions within twelve months, unless on special cause; and that on appeals, captures shall be appraised, and on security for the value, be delivered, or the effects sold, and the money deposited," and if such security be given, the captured vesselshall be entitled to a pass to protect her from future captures.

Whenever sentence of condemnation is appealed from, the Judge may order the proceeds of sale to be brought in, and invested in public securities, &c. and the Lords of Appeal may order proceeds to be paid into Court, and the Judge of the Admiralty and Vice Admiralty Courts, shall order and enforce distribution of proceeds after lapse of time for appeal.

OF BILLS OF HEALTH AND QUARANTINE.

c. 10.

THE dreadful ravages made by pestilential disorders in those countries most subject 45 Geo. 3. to them, makes every prince and state fearful of receiving the infection, by the ad- 46 Geo. 3. mission of goods from suspected places; and, to avoid it, they always insist on ships c. 98. bringing certificates from the magistracy of the port they last came from, declaring their country to be free from any contagious distemper: these are termed bills of health, of which copies are annexed, and, coming in this form, they are called clean ones, in opposition to foul ones, which are given to ships when they proceed from infected places, and these always obstruct their admittance to trade, till they have performed a quarantine of as many days as the guardians of health, where they arrive, may judge necessary, being commonly from ten to forty; on expiration of which, it is customary abroad for physicians to examine the ship's crew, and strict search is made on board, by persons appointed, to see whether the number of sailors corresponds with those mentioned in the bills of health; and, if difference appears, it any will be difficult in any country, and impossible in some, to obtain admission afterwards; therefore it behoves every captain to be very circumspect in having the exact number of his company inserted.

But though the sailors are not admitted to a communication with the shore, till the afore-mentioned prudent precautions have preceded; yet all commodities, unsusceptible of the infectious taint, such as corn, &c. are permitted immediately to be landed at proper places by the mariners, from whence they are afterwards conveyed to those destined for their consumption or sale.

Several foreign states have set apart and appropriated certain parcels of lands for the

VOL. I.

3 B

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