cause to discharge them, or either of them, before; and if seven of the jurors shall appear, and there shall not be enough to complete the number of twelve, (which shall be a panel,) or if there shall be a legal challenge to any of them, so that there shall be seven, and not a panel, it shall and may be lawful for the Judge to order his Clerk, the Sheriff, or other proper officer attending on said Court, to fill up the jury with good and lawful men present; and the said jury, when so filled up and empannelled, shall be sworn to return a true verdict on any bill, claim, or memorial, which shall be committed to them, according to law and evidence. And if the jury shall find that any vessel or vessels, against which a bill or libel is committed to them, have been offending, used, employed, or improved as aforesaid, or are the property of any inhabitants of Great Britain as aforesaid, they shall return their verdict thereof to the said Judge, and he shall thereupon condemn such vessel or vessels, with their cargoes and appurtenances, and shall order them to be disposed of, as by law is provided. And if the jury shall return a special verdict, therein setting forth certain facts relative to such vessel or vessels, (a bill against which is committed to them,) and it shall appear to the said Judge by said verdict that such vessel or vessels have been infesting the seacoast of America, or navigation thereof, or that such vessels have been employed, used, improved, or offending, or are the property of any inhabitant or inhabitants of Great Britain, as aforesaid, he, the said Judge, shall condemn such vessel or vessels, and decree them to be sold, with their cargoes and appurtenances, at publick vendue, and shall also order the charges of said trial and condemnation to be paid out of the money such vessel and cargo, with her appurtenances, shall sell for, to the officers of the Court, according to the table of fees last established by law of this Colony, and shall order the residue thereof to be delivered to the captors, their agents or attorneys, for the use and benefit of such captors, and others concerned therein. And if two or more vessels (the commanders whereof shall be properly commissioned) shall jointly take such vessel, the money which she and her cargo shall sell for, after payment of charges as aforesaid, shall be divided between the captors, in proportion to their men. And the said Judge is hereby authorized to make out his precept, under his hand and seal, directed to the Sheriff of the County aforesaid, or, if thereto requested by the captors or agents, to any other person to be appointed by the said Judge, to sell such vessel and appurtenances and cargo, at publick vendue, and such Sheriff, or other person, after deducting his own charges for the same, to pay and deliver the residue, according to the decree of said Judge.

And be it further enacted by the authority aforesaid, That if any Constable within the said County shall neglect or refuse to obey the warrant of the Judge for returning said jurors as aforesaid, he shall pay a fine, as the said Judge shall order, not exceeding the sum of forty shillings; and if any juror so drawn, and having notice as aforesaid, shall not appear at the time and place directed in such warrant, or shall refuse, without reasonable excuse, to serve on such Jury, he shall pay such fine as the Judge shall order, not exceeding the sum of forty shillings. But before such fine shall be awarded, the Judge shall summon such juror to appear before him to show forth the reason of his neglect; and if such reason shall not be satisfactory to the said Judge, then he shall issue his warrant of distress for such fine, if the said juror shall neglect to pay the same, and (excepting the style and test) in such manner as is directed for the recovery of fine of jurors who shall neglect or refuse to serve in the Inferior Court of Common Pleas. Which fines so recovered shall be paid into the Treasury of this Colony, for the use thereof.

And be it enacted by the authority aforesaid, That any person or persons claiming the whole or any part or share, either as owner or captor of any such vessel or vessels, against which a libel is so filed, may jointly, or by themselves, or by their attorneys or agents, five days before the day set and appointed for the trial of such vessel or vessels, file their claim before the said Judge; which claim shall be committed to the Jury with the libel which is first filed, and the Jury shall thereupon determine and return their verdict of what part or share such claimant or claimants shall have of the capture or captures; and every person or persons who shall neglect to file his or their claim in manner as aforesaid, shall be forever barred therefrom.

And be it further enacted, That no person who shall take and bring in any vessel as aforesaid, shall use or improve such capture before condemnation; and every person who shall file the first libel against such vessel or vessels, shall be held to pay all fees established by law, in the same manner as hath been used and accustomed in the courts of common law within the Colony.

And be it further enacted by the authority aforesaid, That every vessel which shall be taken and brought into this Colony by the armed vessels of any of the United Colonies of America, and shall be condemned as aforesaid, the proceeds of such vessels and cargoes shall go and be, one-third part to the use of the captors, and the other two-thirds to the use of the Colony, at whose charge such armed vessel was fitted out. And where any vessel or vessels shall be taken by the Fleet and Army of the United Colonies, and brought into this Colony, and condemned as aforesaid, the said Judge shall distribute and dispose of the said vessels and cargoes according to the resolves and orders of the American Congress.

And be it enacted, That the process and proceedings upon any vessel which has been or shall be retaken from the enemy by any person or persons, shall be in the same manner as herein provided for other vessels. And any vessels of any of the inhabitants of the United Colonies which have been or shall be hereafter retaken from the enemy, before condemnation thereof had, the moneys which they and their appurtenances and cargoes shall sell for, shall be disposed of as follows, viz: If they have been in the possession of the enemy less than twenty-four hours, then one-eighth part shall go to the use of the recaptors; if more than twenty-four and less than forty-eight hours, then one-fifth part shall go to the recaptors; and if more than forty-eight and less than ninety-six hours, then one-third part; and if more than ninety-six hours, one-half shall go to the recaptors; and in every case the residue to the owner or owners, unless such vessel or vessels shall, after being so brought in, be legally condemn-ed as a prize; in which case the recaptors shall have the whole.

And be it further enacted, That any person, owner, captor, or claimant, may take affidavits in any cause to be tried in the Court Maritime aforesaid, before any Justice of the Peace, under the regulation provided by the laws of this Colony for taking affidavits to be used in civil actions in any of the courts of common law. And any person on board such captures, when they surrender, may be admitted as a witness to testify to any fact in dispute between any of the captors. And the Clerk appointed by the said Judge is empowered to make out a summons to any person named as a witness by either party. And if any person served with such summons, and having the legal fees for his travel rertdered him, shall unnecessarily refuse to appear and give evidence in such cause, he shall suffer such penalty as is provided by the laws of this Colony against witnesses who shall neglect to appear when legally summoned to give evidence in the Superior Court of Judicature.

And whereas the honourable Continental Congress have recommended that, in certain cases, an appeal should be granted from the Court aforesaid:

Be it therefore enacted, That from all judgments or decrees hereafter to be given in the said Court Maritime, on the capture of any vessel, appurtenances, or cargoes, where such vessel is taken, or shall betaken, by any armed vessel fitted out at the charge of the United Colonies, an appeal shall be allowed to the Continental Congress, or to such person or persons as they already have, or shall hereafter appoint, for the trials of appeals: Provided, The appeal be demanded within five days after definitive sentence given, and such appeal shall be lodged with the Secretary of the Congress within forty days afterwards: And provided, The party appealing shall give security to prosecute said appeal with effect. And in case of the death of the Secretary during the recess of the Congress, the said appeal shall be lodged in Congress within twenty days after the next meeting thereof; and that from the judgment, decrees, or sentence of said Court, on the capture of any vessel of cargo which have been, or shall hereafter be, brought into this Colony, by any person or persons, (excepting those who are in the service of the United Colonies,) an appeal shall be allowed to the Superior Court of Judicature, which shall next be held in the County aforesaid.