a manifest advantage; that the said Knowles
remained on board the ship Cornwall with his flag, after she was
disabled from continuing the action, though he might, upon her being
disabled, have shifted his flag on board another ship; and the court
were unanimously of opinion he ought to have done so, in order to have
conducted and directed, during the whole action, the motions of the
squadron intrusted to his care and conduct. Upon consideration of the
whole conduct of the said Knowles, relating to that action, the court
did unanimously agree that he fell under part of the fourteenth article
of the articles of war, namely, the word negligence, and no other; and
also under the twenty-third article.--The court, therefore, unanimously
adjudged, that he should be reprimanded for not bringing up the squadron
in closer order than he did, and not beginning the attack with as great
force as he might have done; and also for not shifting his flag, upon
the Cornwall's being disabled.]
[Footnote 395: Note 3 F, p. 395. It was enacted, that persons pawning,
exchanging, or disposing of goods, without leave of the owner, should
suffer in the penalty of twenty shillings; and, on non-payment, be
committed for fourteen days to hard labour; afterwards, if the
money could not be then paid, to be whipped publicly in the house of
correction, or such other place as the justice of the peace should
appoint, on publication of the prosecutor; that every pawnbroker should
make entry of the person's name and place of abode who pledges any goods
with him; and the pledger, if he require it, should have a duplicate of
that entry; that a pawnbroker receiving linen or apparel intrusted to
others to be washed or mended, should forfeit double the sum lent upon
it, and restore the goods; that upon oath of any person whose goods are
unlawfully pawned or exchanged, the justice should issue a warrant to
search the suspected person's house; and upon refusal of admittance the
officer might break open the door; that goods pawned for any sum not
exceeding ten pounds might be recovered within two years, the owner
making oath of the pawning, and tendering the principal, interest,
and charges; that goods remaining unredeemed for two years should be
forfeited and sold, the overplus to be accounted for to the owner on
demand.]
[Footnote 396: Note 3 G, p. 395. It likewise imported, that all
contracts or agreements made between clothiers and weavers in respect to
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