The New-Jersey gazette — Burlington [N.J.], 1783-01-15 00:00:00, page 1

[Vol. VI.) THE [Numb. 264.]
NEW-JERSEY GAZETTE^
STATE of NEW-JERSEY.
^fu, plemental Aft to the Aft for regulating and
efablifoing Admiralty Ju?ifdifiion.
WHEREAS no fufficient provision is
made by the ad, intitled, • An ad for
reflating and eftablifliing Admiralty
Jurifdidion,' palled the eighteenth
day of December one thousand seven hundred and
eighty-one, for preventing collulive captures on the
water ; Therefore,
Sed. I. Be it enaded by the Council and Gene
ral Assembly of this State, and it is hereby enabled
by the authority of the fame, That in every case
of collusive capture by water, the proceedings and
determinations in the court of admiralty in this
state, or court established in the said recited ad for
the trial of prizes under the value of two hundred
pounds, Shall be had and made conformable to the
ordinance of' the United States in Congress as
sembled, dated the seventeenth day of July, in the
year one thousand seven hundred and eighty-two:
and if any Share, part or proportion, of any cap
ture or prize collufively taken on the water, Shall
be adjudged to belong to this Rate, the account of
sales Shall be filed in the register's office, as direded
in the said recited ad; and after deducting the colts
as ascertained in the said ad, or allowed by this
ad, the Share adjudged to the captor or other per
son fhail, by the marshal of the said court, or col
ledor of the precinct, when fold, be paid forward
as in the said ad mentioned, and the part or pro
portion adjudged to the stare Shall, by the said mar
shal, be paid into the treasury; or, it fold by the
collector of a town Ship, precind or ward, into the
hands of the collector of the county, and by him to
the treasurer of the state for the use of the lame:
and if the said marlhal Shall negled or refufe, within
the space of one month after condemnation and sale,
to pay the monies thence arising tor the benefit of
the state into the treasury as aforefaid, he Shall be
fubjed to an adion at the suit of the treasurer for
the time being, on behalf of the state, for the re
covery of the lame, together witli interest and costs
of suit, which adion the said treasurer is hereby au
thorized and required to commence and prolecute
to efled accordingly ; and if the said township,
precind or ward collector, Shall negled or ret#te,
within the space of twenty days after condemnation
and sale, to pay the monies thence arising for the
benefit of the state into the hands of the collector of
the county as aforefaid, he Shall be lubjed to an ac
tion at the suit of the said county collector for the
recovery of the fame, together with interest and
costs of suit, which action the said county collector
is hereby athorized and required to commence and
piofecute to effed accordingly.
2. And be it further enaded, That where any
prize or vessel and cargo Shall be condemned by the
court of admiralty in virtue of this ad, in whole
or in part, to the use of the state, the register of
the said court Shall, within the Space of twenty days
after condemnation and sale, deliver or tranlmit to
the auditor of accounts, or to the legislature, a
copy of the account of sales, under the penalty of
fifty pounds, to be recovered with costs by the trea
surer for the use of the state, in any court where
the adion may be cognizable ; and if the laid prize
or vefTel and cargo Shall be condemned in the court
appointed in the said recited ad for the trial of
causes under the value of two hundred pounds, the
amount of sales Shall, within twenty days after the
fame are closed, be delivered forward, or trans
mitted, as is direded in the ad, intitled, ' An ad
for preventing an illicit trade between the fubjeds
of this state and the enemy,' palled June the twen
ty-fourth, one thousand leven hundred and eighty
two.
3. And it is hereby further enaded hat the
register Shall be allowed for a copv , account
of sales to be delivered or tranSmu.^ as aforefaid
the sum of twenty Shillings, to be paid by the mar
shal of the court of admiralty out of the part of the
monies adjudged to the use of the state.
WEDNESD A Y, January 15, 1783.
4. AND, the better to prevent embezzlement,
fraud and collusion, in the trial and sale of vessels
and cargoes, the supposed real faleable value of
which, from the great expences accruing, will not
admit of their being brought for trial in a court of
admiralty ; Be it therefore further enaded, That
the Captain or commander of every Ship or vefTel
of war, or prize-master or other person, having
charge of any capture or re-capture, or other pro
perty Seized upon the water as aforefaid, who Shall
condud or bring the fame into port, Shall, within
ten days after the arrival of such prize as aforefaid,
exhibit, or cause to be exhibited in writing, upon
the oath or affirmation of Such person, a tiue ma
nifeft of all the goods, wares and merchandize, on
board of such fliip or vefTel, setting forth the pack
ages, marks and number thereof, together with the
name,, burthen and condition of the Ship or vefTel
so captured or re-captured, to the chief justice or
either of the other judges of the supreme court; and
if it Shall be made fatisfadoiily to appear to such
chief justice or other judge, that the real faleable
value of such vefTel and cargo does not exceed the
value of four hundred pounds, and is so certified
under his hand and seal, then and in that case the
captors Shall be at liberty to bring the cause fortri
al as is directed in the fourteenth fedion of the ad
to which this is a supplement, any thing in the said
fedion to the contrary in anywise notwithstanding;
and the person who Shall negleft or refufe to make
such manifeft, or Shall embezzle or keep back any
part of such capture, Shall be liable to be lined in
any sum not exceeding two hundred and fifty
pounds, with costs of suit, to be recovered by the
marshal of the state for the time being, in any court
where the fame may be cognizable, for the use of
the state.
5. And be it further ena&ed by the authority
aforefaid, That every person who Shall be guilty
of bringing or conveying any vessel and cargo which
has been illegally captured from any place in pos
session of the enemy, or of any collusive capture on
the water, and Shall be thereof legally convi&ed in
any court where the adion may be cognizable, Shall
forfeit and pty a firm equal in value to the amount
of the vefTel and cargo, or collusive capture so as
aforefaid made, to be applied to the use of the state.
Provided always, that nothing in this ad Shall af
fect or alter the ad, intitled, ‘ An ad for prevent
ing an illicit trade and intercourse between the sub
jects of this state and the enemy.'
Faffed at Trenton, November 29, 1782.
NEW-YOR K, Dec. 26.
The South Carolina was chafed eighteen hours
and an halt, when She fired a stern chafe at the Di
omede, which was returned by one of the latter's
bow guns; the Diomede then gave her fix broad
sides, and She received one from the Quebec; the
running fight continued two hours, when her co
lours were Struck to this superior force. She was
bound on a cruize off Charleftown, and taken the
day after she failed; was built in Holland about
four years ago; her keel about 160 feet long, and
Strong as a castle: She loft about fix killed and
wounded; the British not a man. Fifty German
and eight British Soldiers of Gen. Burgoyne's army,
taken out of the gaol at Philadelphia, and compel
led on board the Carolina (rather than Submit to be
fold by the rebels) were on this occasion happily
released from a service ever obnoxious to their prin
ciples.
December 31. Tuesday morning last failed from
Sandy-Hook, under a strong convoy, a fleet of about
eighty fail, destined for Great-Britain and Ireland.
January 4. A few days since was sent in here by
a privateer Schooner, the Sloop Sally, loaded with
boards, bricks and onions, bound from Nantucket
to Philadelphia, commanded by Captain Huffey.
The Honourable Lieut. General Leslie, Com
mander in Chief of Charleftown, with his suite, ar
rived here on Thmfday, in perfed health.
On ihmfday arrived the Ship Duchess of Gor
don, Captain Holmes, in fifteen days from Charlef
town, South-Carolina. She failed from thence
on the 19th ult. with a fleet confiding of about 70
fail, 50 of which were bound for this port, having
on board the foreign and provincial troops, under
convoy of his Majesty's Ships Assurance, Charlef
town and Hound: the remainder, consisting of about
20 fail, parted with them off Charleftown bar, on
the 18th, bound for England. On the seventeenth
a fleet of upwards of 50 fail, with the BritiSh troops,
and the principal part of the inhabitants of Charlef
town, Sailed from thence for Jamaica.
Immediately on the embarkation of the King's
troops at Charleftown, the rebel General Wavne,
with about 5000 continental soldiers, took possession
of the town, leaving a body of cavalry to guard the
pafies, with ftri& orders not to molest any person
going to the Shipping. The rebels were so extreme
ly polite, after the embarkation of the garrison, as
not to hoist the rebel Standard for three days while
the English fleet lay in the bay.
We are happy to inform the publick, that four
more of the above mentioned fleet anchored within
the Hook on ! hurfday afternoon, and the remain
der, with the convoy, were then in tight.
By the fleet from Charleftown, we learn the fol
lowing particulars: That the enemy had made an
attempt, and nearly effeded their design, to cut off
the necessary supply of frefli water from the dip
ping. which must havt caused great delay ; but that
a detachment sent out by General Leslie, forced
them to abandon the enterprize: 1 hat they lefufed,
to the last, any supplies of frefn provision to be sent
into the town, by which means much specie was
brought hither, which, otherwise, would have re
mained in that province.
A Short time previous to abandoning the town,
flags were reciprocally received on neutral ground,
for disposing of the merchandize, horses, &c, to
the enemy, which they readily purchased of the
garrison.
The military flores, troops, &c. being prepared
for embarkation, the evacuation was effected with
the greatest regularity, and without the least inter
ruption from the enemy.
Vve learn futther, that when Gen. Wayne took
possession of Charleftown, he ordered the houses
that were Shut up to be opened, treated the inha
bitants with civility, and permitted them to carry
on business as usual. That flags from the enemy
had been received on board after the evacuation:
I hat the treaty between the Governor and mer
chants had hitherto been inviolably held.
Gen. Greene's army in South-Carolina is much
reduced by sickness ; Col. White, of Moylan's dra
goons, has resigned; and it is said a general mif
underftandipg prevails between the civil and mili
tary.
Teferday arrived the foip Trooper, in about 26
days from Jamaica, by •whom we have the fol
lowing advices :
KINGSTON, November 2.
On Monday arrived at Port-Royal, his Majef.
ty s Ship London, James Kempthorne, Esq. com
mander, from a cruize; and a Sloop, prize to his
Majesty's Ship Torbay.
Various and contradi&ory have been the reports
circulated in this town, relative to an engagement
of the London, during her cruize, with a French
line of battle fliip, Le Scipios; the Printer of the
Kingston Journal is therefore happy in having it in
his power to give the publick the particulars of that
engagement, he having been favoured with the fol
lowing genuine copy of Captain Kempthorne's let
ter to the Admiral.
[C O P Y.J
London, off the East: end of Jamaica, the
26th Odober, 1,82.
S I R, 7
ON Tuesday, the 17th instant, his Majesty's Ship
Torbay, and Badger Sloop in company, and the
island of Zacheo bearing S. by E. 6 or 7 leagues,