The New-Jersey gazette — Burlington [N.J.], 1782-01-30 00:00:00, page 2

11. And be it further enabled I, the authority
aforefaid, That any (hips or vessels, goods or other
property taken as prize, or re-taken, belonging to
foreigners, whether allies of the United States of
America or neutrals, which have come or may come
to the possession of the said marshal, and who shall
have no attorney in fa&, or agent duly authorized
to take and receive frora the said marshal such ships
or vefTels or other property, that the fame, unless
they be of a very perishable nature, and too bulky
to keep without great charges, shall remain in the
custody of the said marshal, without sale, for three
months at least after the trial of the fame shall be
finiflied, and the owners thereof and their said fliips
or other vessels, goods and other property fliall be
liable to the charges and expences which may accrue
by such delay of sale.
12. And be it further enabled by the authority
aforefaid, That in case any vessels, goods, wares
or merchandize, so as aforefaid fold by the marshal,
shall not be paid for by the purchaser within five
days after the sale thereof, that then the said mar
shal fliall or may again expose such vefTels, goods,
wares or merchandize to publick auction for the
account of the captors, and having disposed of
them for money, shall and may recover against the
firft purchaser all loss whatsoever which may arise
on such second sale, together with costs, damages
and charges, in any court of record in this state
where the fame may be cognizable.
13. And be it enabled by the authority aforefaid.
That the fees of the Judge, Register, Marshal,
Prodors, Advocates and witnesses shall be as they
here severally follow, that is to fay.
To the Judge, for
Attesting every deposition, One Shilling.
Examining and signing interlocutory order for sale,
and every other special order, Five Shillings.
Attendance for the trial of every cause, Three
Pounds.
Every decree or judgment, Seven Pounds Ten
Shillings.
Taking every stipulation or recognizance, Five
Shillings.
Examining and signing judgment roll, Ten Shil
ings.
Taxing costs, Two Shillings and Six-pence.
To the Register, for
Attesting the vessels papers and every deposition,
One Shilling.
Entering every action, rule and order of court,
Two Shillings and Six pence.
Copy thereof, One Shilling and Six- pence.
Filing every libel, claim, replication, rejoinder
and other pleadings, Nine-pence.
Drawing advertisement and fending to the prin
ter, Ten Shillings.
Drawing interlocutory order for sale, Ten Shil
lings.
Drawing every writ, and fell, Seven Shillings
and Six-pence.
Recording by the sheet, containing ninety words,
One Shilling and Six-pence.
Every witness sworn or affirmed, One Shilling.
Issue and rule, Seven Shillings and Six pence.
Drawing depositions by the ninety words, One
Shilling and Six-pence.
Any other matter by the ninety words, One
Shilling and Sixpence.
Reading libel, claim, evidence, and every other
paper, Six-pence.
Every proclamation, One Shilling.
Entering judgment, Five Shillings.
Drawing and enrolling every decree, Ten Shil
lings.
Every exemplification, attestation or certificate,
under seal of office, Ten Shillings.
Attendance for the trial of a cause where not
tried, Three Pounds.
Issuing venire, Ten Shillings.
Docquetting judgment, Two Shillings and Six
pence.
To the Marfoal, for
Serving every writ, Ten Shillings.
Every non est inventus, Two Shillings.
Serving every subpoena, Three Shillings and nine
pence.
Serving every subpoena of appraisers, Seven Shil
lings and Six-pence.
Every return of writs, Nine-pence.
Every proclamation, to be paid to the tipftaff
attending court, Two Shillings and Six-pence.
Every venire, Forty-five Shillings.
Mileage, besides ferriages, Six-pence.
Every vessel acquitted, Three Pounds.
Swearing every jury, Seven Shillings and Six
pence.
Selling, collecting and paying over, any sum not
exceeding Two Thousand Pounds, three per cent.
Any sum above Two Thousand, and not exceed
ing Ten Thousand, two per cent.
Any sum above Ten Thousand Pounds, one and
a half per cent.
To the Proflors and Advocates, for
Retaining fee, Forty-five Shillings.
Drawing every libel, by the ninety words, One
Shilling and Six-pence.
Copy thereof, by the ninety words, One Shilling
and Six-pence.
Every motion, allowed to be such by the court,
Seven Shillings and Six-pence.
Attendance for every motion, One Pound.
Interrogatories, by the ninety words, One Shil
ling and Six-pence.-
Copy thereof, by the ninety words, Cne Shil
ling and Six-pence.
Breviat and copy, Fifteen Shillings.
Copy for the Judge, Three Shillings and Nine
pence.
Pleading fee for advocate, Three Pounds.
Drawing every claim, by the ninety words, One
Shilling and Six-pence.
To Witnesses, for
Attendance by the day, Seven Shillings and Six
pence.
Mileage for each mile he lives distant from the
place of trial, One Shilling.
Jurors fees.
For attendance by the day, Seven Shillings and
Six-pence.
Every cause tried, to each man sworn or affirm
ed, 1 hree Shillings and Nine-pence.
14. AND whereas the value of small coasting
vessels, boats, fhallops and other Imall craft and the
cargoes thereof, captured or re-captured from the
enemy, will frequently not admit of their being
brought for trial before a Court of Admiralty, be
cause of the expences and costs attending the fame;
Be it therefore enacted by the authority aforefaid,
That where in any case of the capture or re-capture
of any fraall coasting vessel, boat, fhallop or other
small craft, it shall be certified by the Chief-Juftice
or either of the other Judges of the Supreme Court,
that proper and fufficient proof has been made be
fore him that the real faleable value of such coast
ing vessel, fhallop, boat, sloop or other small craft
and cargo does not exceed the sum of Two Hun
dred Pounds, then and in such case the captor shall
be at liberty to bring the cause for trial before one
of the Judges of the Inferior Court of Common
Pleas of the county where such vessel, fhallop, boat,
sloop or other small craft fliall be brought into port,
and two of the Justices of the Peace of the said
county, any thing in this a& to the contrary not
withstanding, who shall in all cases proceed in the
trial of such vessel and cargo in the fame manner,
and award judgment thereon, with the fame costs
of trial, as is or shall be allowed and prescribed by
law in cases of the capture of goods seized or taken
in coming out of the enemies lines; and upon con
demnation the said vessel and cargo shall be dispos
ed of at publick vendue in like manner, unless in
case of re-capture and salvage, paid within the time
herein before limited in this ad. Provided always.
That all proceedings of the said Judge and Justices
shall be liable to the prohibition of the Supreme
Court, in like manner as hereafter in this a& is di
rected with refped to the Court of Admiralty.
And provided also, That there shall be allowed the
sum of Thirty Shillings to the Judge and each of
the Justices who shall constitute the court aforefaid,
and the like sum to the Constable who shall serve
at the fame, over and above the fees allowed them
in the case of goods captured on land, for their at
tendance on the said trial. And provided also,
That the captor or captors fliall advertise the said
vessel and cargo for the like space of time andin as
particular manner as is herein before directed in
this at, in case such cause had been brought before
the Court of Admiralty for trial, and that .11 pa
pers found on board or appertaining to such vessel,
which have come into the hands of the captor or
captors fliall, in like manner, be laid before the said
court for their infpe&ion, information and afliftance
in the decision of the fubjet in controversy.
15. AND whereas the trial of pirates and other
sea felons in the late British colonies, now the Uni
ted States of America, hath been heretofore without
a jury, and in a method much conformed to the
civil law, the exercise of which jurifdittion in crimi
nal cases was contrary to the Spirit of the common
law, although the Legislature of England had, by a
statute pafTed in the reign of King Henry the eighth,
intitled ' For pirates,' relieved the fubjeds within
the realm from this grievance, Be it therefore enacted
by the authority aforefaid, That all traitors, pirated
felons and criminals who shall offend upon the sea
or within the Admiralty Jurifdittion, shall be en
quired of, tried and judged by grand and pettit Juries,',
according to the course of the common law, in like
manner as if the treason, felony or crime were com
mitted within one of the counties of this State, and
the justices of the Supreme Court or any two of
them, and the judge of the Admiralty are hereby
conflicted justices of Oyer and Terminer, and (half
hold a Court of Oyer and Terminer at such time
and place as shall be expressed in the commiffon for
the hearing and trying of such offenders; and the
said Judge of Admiralty, in the absence of the
Chief-juftice of the Supreme Court, shall preside in
such Court of Oyer and Terminer and if any person
upon being arrainged before the said Court of Oyer
and Terminer fhali hand mute, or shall not make
direct answer, such person fliall be deemed to have
pleaded not guilty, and the trial shall proceed ac
cordingly.
16. And be it further enabled by the authority afore
faid, That if any of the fubjefts of this State or of
any of the United States of America, shall commit
any piracy or robbery, or any aft of hostility against
other the fubjeds of this State or of any of the other
United States of America, upon the sea, under co
lour cf any Commission from any foreign Prince or
State, or pretence of authority from any person
whatsoever, such offender and offenders and every
of them fliall be deemed, adjudged and taken to be
pirates, felons and robbers, and they and every 01
them, being duly convided thereof agreeably ter this
aft, ihall have and fuller such puniihment and for
feitures as pirates, felons and robbers upon the seas
ought to have and fuffer.
17. And be it further enabled by the authority nfore
faid, That if any commander or master of any ihip,
or any seaman or mariner shall, in any place cohere
the Admiralty hath Jurifdittion, betray his tru fa and
turn pirate, enemy or traitor, and piratical!;, and
felonioufly run away with his or their ship or (hips,
or any barge, boat, ordnance, ammunition, pods
or merchandize, or yield them up traiteroinfty t<
any pirate, enemy or traitor, or bring any fed bein'
message from cither of them, or consult, cot tbiri
or confederate with, or attempt or endeavc or </
corrupt any commander, master, officer or marine
to yield up or run away with any ship, goo ds ©
merchandize, or turn pirate, or go over to pirates 0
enemies, or if any person 11 all lay violent hands up
on his commander, whereby to hinder him frbr
fighting in defence of his ship and goods committee
to his trust, or shall confine his mailer, or make 01
endeavour to make a revolt in his (hip, he shall b,
adjudged to be a pirate, felon and robber, and being
convicted thereof as aforefaid, fliall have and fuffer
such pains ofeeath, loss oflands, goods and chattels
as pirates, felons and robbers upon the seas ought
to have and fuffer.
B O S T O N, December 24.
On the irth of this instant, Capt. Timothy Folg<
arrived at Nantucket, in 60 days from England. I
her came passengers, Capt. John Leach (who wa
lately taken at St. Euftatia) Mr. James Jackson, Mi
Edward Jones, and Mr. Thomas K. Jones, all of thi
town, merchants.
18. And be it enabled by the authority aforefaid.
That if any person shall be felonioufly ftneken or
poisoned at sea or out of this State, and shall die ofthe
fame in this State, the offenders and their aiders
and abettors may be indided, tried and adjudged
for such felony in the Court of Oyer and Termi
ner of this State where such person shall die, be
fore the ordinary justices of Oyer and Terminer and
General gaol delivery ; and if any person shall be
felonioufly stricken or poisoned in this State, and
shall die of the fame at sea or out of New-Jersey,
the offenders and their aiders and abetters may be
inclined, tried and adjudged for such felony before
the Court of Oyer and Terminer conftitnted by this
aft for the trial of crimes committed at sea.
(For the remainder fee the fourth page.)
LONDO N, October 6.
The Spaniards, in their pompous account of the
invasion of Minorca, fay that it fixes the attention of
all the maritime powers of Europe. They should
have excepted one great maritime power, that is
the Court of London, which appears to pay no at
tention to it at all! Nay nor the people neither!—
Or surely French and Spaniards would not have such
free egress and regress there and at Gibraltar, un
molested and uninterrupted by the Brit sh navy!
Oh poor unfortunate BYNG! where is thy indig
nant ghost ?—Thou who died a vidim to avert the
fury of an enraged people from a guilty Miniflry!
Punishment, though with a flow foot, is fare to
overtake the villain. How unlucky for poor Arnold,
to have escaped the penalty of a traitor, only to be
reserved for the fate of a detested assassin! And was
General Phillips's army to have been next betrayed,
to appease the betrayed Congress, if you had been
raised to the command, upon his concerted destiny >
O Human Nature ! What a spot is here in thy cre
ation.
Sir Henry Clinton's and Lord Rawdon's returns
may be deemed the surest token of a loft cause; no
less than the meditated retreat, as it is probable of
that arch traitor Arnold, indicates the inclination
of final vidory to the fide hr last deserted.