make an Attack on the Enemy, either at Sea or
Land, at the Command and in the Manner ordered by the Captain and
proper Officers, or do behave with Cowardice in any Engagement, he or
them shall forfeit his or their Share or Shares for such Refusal or
Cowardice; and if any of the Company get drunk, or use blasphemous and
prophane Words, they shall be punished as the Captain and Officers
shall direct: And likewise if any of the Company do desert the said
Schooner before her Return to New-York, he or they shall forfeit their
whole Shares to the Owner and Company, first paying such Brigantine's
Debts as are contracted by the Captain's Knowledge.

XII. That at the Division of any Money or Effects taken this Cruize,
---- Dead Shares shall be deducted out of the Whole, which shall be
divided by the ---- amongst the most Deserving and them that does most
for the benefit of the Cruize.

XIII. That any Prize or Prizes that shall be taken during the Cruize,
shall be with all Speed sent into the Port of New-York, in order that
the same may be libelled against in the Court of Admiralty for
Condemnation, and to no other Place whatsoever, except said Prize
shall be so disabled that she could not proceed to said Port: And any
Person or Persons which shall be aiding or assisting, or shall give
his or their Consent for sending any Prize or Prizes, into any other
Port but the Harbour of New-York aforesaid, shall forfeit his or their
Share to the Owner and Company; and that no Division shall be made
till they return to the Port of New-York.

XIV. That in Case any neutral Property, or any Property whatever, be
taken and sent into Port, and after Condemnation be had, an Appeal
should be entered by the Claimants, then, and in such Case, it shall
be Lawful with the full Consent of the Captain and Company of the
said Privateer, for the Owner, or his Attorney, to compromise,
compound, and settle, by giving up any Sum or Part of the Prize, as
shall seem most advisable to him for the general Interest, that the
Captain and Company may receive each and every one of them their just
and lawful Right and Prize-Money, and not be kept out of their Money
until the Appeal may be determined in England; and in Case no such
Compromisation can be made, then a certain Sum, shall be lodged out of
the Prizes before taken, to prosecute the said Appeal: And it shall
likewise be lawful for the Owner or Agent of the said Privateer to
discharge any Capture that may