The New-Jersey gazette — Burlington [N.J.], 1782-01-30 00:00:00, page 1

STATE OF NE W-J ERSE Y.
An ACT for regulating and eftablijhixg Admi
ralty Jurisdiction.
WHEREAS it is necessary that due pro
vision be made for the trial and de
termination of offences, crimes, con
troversies and fairs within the cogni
zance of the maritime law, and not enquirable at
common law;
SECT. I. Be it therefore enabled by the Coun
cil and General Assembly of this fate, and it is
hereby enabled by the authority of the fame, That
a suitable person shall be appointed and commission
ed in like manner as the Judges of the Supreme
Court are by the constitution direded to be ap
pointed and commissioned, for and during the term
of three years, by the name and title of The Judge
of the Admiralty; which Judge shall hold a Court
of Admiralty, and therein have cognizance in all
cases of prize, capture or re-capture upon the water
from enemies, or by way of reprisal, or from pirates,
and in general of all controversies, suits and pleas
of maritime jurifdi&ion, and thereupon the said
Judge shall pass sentence and decree, accoiding to
the maritime law and the law of nations, and the
ordinances of the Honourable the Congress of the
United States of America, and the laws of this
state shall require.
2. And it is hereby further enabled and provid
ed, That if any person or persons shall, eight days
before the day of trial of the vessel and cargo ad
vertised as herein after mentioned for trial and con
demnation, file, or cause to be filed in the register's
office, a claim or claims in writing for the find ves
sel and cargo, or any part thereof, then the said
register, in such case, is hereby directed to issue a
writ of venire facias, under the leal of the said
court, directed to the marshal, commanding him to
summons twenty-four good and lawful men of the
county where the court shall be holden, to be and
appear before the said Judge at the time and place
appointed for the holding the said court and jury
summoned and returned as aforefaid, shall in all re
fpe&s be established by the fame rules and be fub
jed to the like challenges as in the courts of com
mon law, and governed in their determination as
well on the question whether prize or not, as to the
claims filed by the parties interested or pretending
to be interested in the fame, by the maritime law
and the law of nations, and the ordinances of the
Honourable the Congress of the United States of
America, and the laws of this state; and the decree
and judgment of the said Judge, where claims are
filed and a jury sworn as aforefaid, shall be palled,
given and entered, agreeably to the verdict of the
said jury, and in all cases of prize, capture, re-cap
ture and seizure upon the water as aforefaid, an
appeal from the final decree of the said Judge of
Admiralty shall lie and be allowed to such Judges
or court, as the said Congress have appointed or
may appoint for the heating and determining of the
said appeal. Provided always, That such appeals
be brought and conduced in the manner and within
the times direded in and by the ads, and ordinances
aforefaid. And provided also, 'I hat security be
firft given before said Judge by the party appellant
to the opposite party, in a sum of money not ex
ceeding double the value of the prize or matter in
controversy, under condition to prosecute such ap
peal to effed.
3. And be it further enabled, That an able and
upright person shall be appointed and commissioned
as aforefaid, to be register of the said Court of Ad
miralty for and during the term of three years, and
that the examination of all witnesses in any of the
causes which may come before the said Court of
Admiralty being taken by the said register, and at
tested before the .aid Judge, fnall be filed in the
office of the said register, such examinations to be
taken exparte, after reasonable notice to the adverse
party; and the attestations of the said register shall,
on all proper occasions, be received as evidence in
all courts of justice and elsewhere. Provided al
ways, That no person so to be appointed register
NEW-JERSEY GAZETTE.
[Vol. V.]
WEDNESDAY, January 30, 1782.
6. And be it further enabled by the authority
aforefaid, That if any person shall negled or refule
to deliver up any such capture or seizure as afoie
faid to the marshal of the said Court of Admiralty,
or shall enibezzle or keep back any part of any such
capture, or shall withhold, embezzle or destroy any
books, documents, commiflions, papers, parchments
or other writings appertaining to or found on board
of any ship or vessel seized as a prize as aforefaid,
such person so offending shall be liable to attachment
and to fine, or to fine and imprisonment, at the dis
cretion of the said judge, as a contemner of the said
Court of Admiralty, and moreover shall forfeit to
the use of this Rate all such offender's ihare or part
of such capture, to be recovered by indictment; and
the said Judge shall, by order Ray, during the pre
fecution, such share or part in the hands of the mar
shal, to the end that the fame may be lecured upon
the conviction of such offender, and paid to the
Treasurer of this Rate. Provided nevertbelefs,
That if at any time after such capture or bringing
into port, it shall be made appear unto the laid
Judge that the said vessel and cargo, or either of
them, are in a perifhirg condition, he may in his
diferetion make an order for the sale thereof, at
the fame time directing the marshal to retain in his
hands the net proceeds of such sale, until the deter
mination of the property thereof be had. And
provided also. that in any case where such vessel
and cargo fnall be in apparent and imminent danger
of falling into the hands of an enemy, or of being
otherwise unavoidably loft, the cargo and appur
tenances may be landed and secured. and upon proof
being made to the said Judge that such proceeding
was necessary, and that the said cargo and appurte
nances have been carefully preserved, he shall cer
tify the fame under his hand, for the juftification of
the party concerned.
7. WHERE IS sundry masters and owners of
vessels have made a practice, after bringing prizes
into this state, to remove them out of the fame into
some other of the United States, in violation of the
resolutions of Congress in such case made and pro
vided, and to the great detriment and injury of the
shall, during the time of his continuance in such
office, practice in the said Court of Admiralty as
Attorney, Council, Prodor or Advocate.
4. And be it further enabled, 7 hat the Council
and Aflembly, in joint-meeting, shall yearly appoint
a marshal of the said court, who shall be commis
sioned by the Governor or Commander in Chief for
the time being, and shall become bound to the said
Governor or Commander in Chief, and his succes
sors, for the use of the state, with two or more fuf
ficient sureties, approved by him or them refpettive
ly, in the sum of Ten Thousand Pounds, with con
dition for the just and faithful difeharge of his duty
and trust; which obligation shall be lodged in the
Secretary's office.
5. And be it further enabled by the authority
aforefaid, That the Captain or Commander of every
ship or veiTel of war, or prizemafter, or other person
having charge of any capture or re-capture, or other
property seized upon the water as aforefaid, who
shall conduct or bring the fame into port, shall im
mediately deliver the fame, without diminution, to
the marshal of the said Court of Admiralty, and,
within ten days after the arrival of such prize as
aforefaid, shall exhibit cr cause to be exhibited a
libel or bill in writing, before the said Judge, there
in setting forth, in ample and particular manner,
the time and other circumstances of the seizing and
taking of the fame, and of the service or employ
ment that the ship or vessel so seized was in at the
time when such ship or vessel was taken or seized,
and the parties aiding therein, to the best of his
knowledge, and shall also, without delay or dimi
nution, deliver or cause to be delivered to the register
of the said Court of Admiralty, upon the oath or
affirmation of such person, all books, documents,
commiflions. parchments, papers and other writings
appertainting to or found on board any such ship or
vessel, to be laid before the said court when requir
ed.
THE
8. And be it further enabled by the authority
aforefaid, That, immediately after any such libel
as aforefaid shall be exhibited before the said Judge,
he shall direct the register of the said Court of Ad
miralty to give three weeks notice in some publick
newspaper of this state, if any at the time shall be
printed, if not, in one or more of the newspapers
of the adjacent Rates, of the day appointed for the
trial of such prize; and the said register shall insert
therein, if known, the name, size or burden, and
other description of the vessel so taken and brought
into port, and also the name and surname of the late
matter or commander of the fame, and of the port
or place from whence such ship or vessel last failed,
and of the port or place for which such ship or ves
sel was destined, and in case of re-capture he shall
set forth by what ship or other vefe ! the fame was
firft taken, to the end that all persons concerned
may appear and shew cause, if any there be, where
fore such capture or re-capture, goods, merchandize
or other property should not be condemned and
adjudged to the libellants.
9. And be it further enabled by the authority
aforefaid; That the execution of the decree of the
said Judge in any case of capture, re-capture or
prize taken upon the water, from which an appeal
to the said Judges or Court of Appeal shall be en
tered, shall not be suspended or delayed by reason
of such appeal, in case the party or parties appellant
shall enter fufficient security, to be approved by the
said Judge, in at Icaft double the value of the prize
or other fubjed of controversy, the fame value to
be estimated and appraised at the price at which
the said prize might then be fold for current money;
for which purpose the said Judge shall appoint three
fkilful and indifferent appraisers, who shall exactly
number, measure or weigh the several articles of
which such prize shall consist, and return a particular
inventory and appraifement of the fame, attested by
the oaths or affirmations of the said appraisers, to
the register of the said court, to be filed in his
office; and the Ripulation or security so given and
commercial interest of this state; Therefore be it
further enabled by the authority aforefaid, That
if the captor, master, owner or owners of any vessels
captured and brought into any of the ports or har
bours of this state, shall remove such vessel or her
cargo from the said port or harbour to any of the
ports of either of the United States, before trial
thereof is had in the Court of Admiralty of this
state, and sale thereof is made by the marshal of
the said court in this state, shall forfeit the sum of
Five Hundred Pounds, to be recovered with costs
of suit, by action of debt, by any person who will
sue for the fame, one half to the person who shall
prosecute the fame to effect, and the other half to
the use of the state.
entered, in case of an appeal as aforefaid, shall and
may be sued for and recovered by process to be
issued out of the Supreme Court or other court of
record, at the election of the party who shall have
a right to infticute such suit.
10. And be it further enabled by the authority
aforefaid, That in case the said Judge, upon the
evidence produced to him, shall pronounce sentence
of condemnation against any such ship or vessel, or
goods, merchandize or other property captured or
taken as prize, or re captured, or seized by way of
reprisal or from a pirate, he shall order the fame to
be immediately fold by publick auction to the best
and highest bidder, for the benefit of the captors,
unless in the case of re-capture the former owner or
owners in thirty days after such sentence be pronounc
ed pay down the full salvage, together with all such
costs and charges shall be awarded thereupon; and
the said marshal shall keep fair and exact accounts
of the sales of all ships and other vessels, goods,
merchandize and other property which shall be
condemned in the said Court of Admiralty, and
fold by the said marshal as aforefaid, and as soon
afterwards as may be, such account of sales shall
be filed in the office of the register ofthefaid Court
of Admiralty, for the infpe&ion and use of all per
sons who may be interested therein.
[Numb. 214.]