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The King

a secretary to

and grant

him a salary.

and to do all other acts, matters, and things appertaining thereto, agreeably to the provisions of the said Treaties, Conventions, and the Instructions and Regulations annexed thereto as aforesaid, as fully and effectually to all intents and purposes as if special powers and authorities for that purpose were specifically and particularly inserted and given in relation thereto in these sets: Now be it declared and enacted, That the said provisions, as herein recited, shall continue, remain, and be in full force and effect.

LIII. And whereas, in and by the said Acts of the fiftymay appoint eighth and fifty-ninth of George the Third, it is enacted, that it the Commis- shall be lawful for His Majesty, by any warrant under his royal sion Courts, sign manual, countersigned by one of His Majesty's principal Secretaries of State for the time being, to nominate and appoint a secretary or registrar to the respective commissions and courts which shall be established in His Majesty's dominions, and from time to time supply, by other appointments, any vacancy which may thereafter occur in such office, and to grant a salary to such secretary or registrar, not exceeding such annual sum as the said Commissioners of His Majesty's Treasury shall from time to time direct; and such secretary or registrar is hereby respectively authorized and empowered to do, perform, and execute all the duties of such office, as set forth and described in the said Treaties, Conventions, Instructions, and Regulations respectively, and to do, perform, and execute all such acts, matters, and things, as may be necessary for the due discharge of the duties of his office, according to the provisions of the said Treaties, Conventions, Instructions, and Regulations as aforesaid: Now be it declared and enacted, That the said provisions, as herein recited, shall continue, remain, and be in full force and effect.

His authority and duty.

Governors of Colonies to fill up vacan

cies in com

tempore.

LIV. And be it further enacted, That it shall be lawful for the governor or lieutenant-governor, or principal magistrate of the colony or settlement in which such commission or court shall missions pro sit, within the possessions of His Britannic Majesty, to fill up every vacancy which shall arise in such commission or court, either of commissary judge, commissioner of arbitration, or any officer thereof appointed by His Majesty as aforesaid, according to the provisions contained in the aforesaid Regulations, annexed to the said Treaties and Conventions as aforesaid, ad interim, until such vacancy or vacancies shall be thereafter filled by some person or persons appointed by His Majesty for that purpose.

Oath to be taken by

judges and arbitrators.

LV. And be it further enacted, That every commissary judge and commissioner of arbitration appointed by His Majesty, commissary or ad interim as aforesaid, shall, before he shall enter upon the execution of of the duties of such his office, take an oath in any the presence of the principal magistrate then residing and acting in the colony, settlement, or place, in which the commission or court shall be appointed to reside; which oath every such magistrate in any colony, settlement, or place belonging to His Majesty, in which such commission or court shall be appointed, is hereby authorized to administer, in the form following; (that is to say,)

"I, A. B., do solemnly swear, that I will, according to the

as

best of my skill and knowledge, act in the execution of my office faithfully, impartially, fairly, and without preference or favour, either for claimants or captors, or any other persons; and that I will, to the best of my judg ment and power, act in pursuance of and according to the stipulations, regulations, and instructions, contained in the Treaty or Convention between His Majesty and His Catholic Majesty, signed at Madrid on the twenty-third day of September, one thousand eight hundred and seventeen [or, in the Treaty between His Majesty and His Most Faithful Majesty, of the twentysecond day of January, one thousand eight hundred and fifteen, and the Additional Convention thereto, signed at London on the twenty-eighth day of July, one thousand eight hundred and seventeen; or, between His Majesty and His Majesty the King of the Netherlands, signed at the Hague on the fourth day of May, one thousand eight hundred and eighteen [as the case may require]. "So help me God." LVI. And be it further enacted, That every secretary or Oath to be registrar appointed by His Majesty, or ad interim as aforesaid, taken by under the provisions of the said Treaties, Conventions, Instruc- registrar. tions, and Regulations, and of this act, shall, before he enters on the duties of his said office, take an oath before the British commissary judge as aforesaid, who is hereby empowered to administer the same, in the form following; that is to say,

secretary or

judicial pro

missary

"I, A. B., do solemnly swear, that I will, according to the best of my skill and knowledge, act in the execution of my office, and that I will conduct myself with due respect to the authority of the commissary judges and commissioners of arbitration of the Commission to which I am attached, and will act in fidelity in all the affairs which may belong to my charge, and without preference or favour either for claimants or captors or any other persons. "So help me God." LVII. And be it further enacted, That it shall be lawful for Oath and the said commissary judges, or for any such secretary or regis- depositions in trar, and they are hereby respectively empowered, to administer ceedings to eaths to and take the depositions of all parties, witnesses, and be adminisother persons, who may come or be brought before them to be tered by comexamined, or for the purpose of deposing in the course of any judges, &c. proceeding before the said commissary judges and commissioners of arbitration, in the cases in which such commissioners of arbitration shall act with the said commissary judges under the said Treaties, Conventions, Instructions, or Regulations, or this Act; and it shall also be lawful for the said commissary judges and who may commissioners of arbitration, in the cases aforesaid, to summon summon before them all persons whom they may deem it necessary or and send for proper to examine, in relation to any suit, proceeding, or matter papers. or thing under their cognizance, and to send for and issue precepts for the producing of all such papers as may relate to the matters in question before them, and to enforce all such summonses, orders, and precepts, by such and the like means, powers, and authorities, as any Court of Vice-Admiralty may do.

witnesses

LVIII. And be it further enacted, That every person who Persons giv

ing false evidence shall

be deemed guilty of perjury.

Trial of perjury.

Venue

therein.

Pendency of suits arising

out of the Spanish and

Portuguese

Treaties, before the Commis

be a bar to any other

shall wilfully and corruptly give false evidence in any examination or deposition or affidavit, had or taken upon or in any proceeding before the said commissary judges or commissioners aforesaid, or in any examination or deposition or affidavit, had or taken before the said secretary or registrar, under the said Treaties, Conventions, Instructions, or Regulations, or this Act, shall be deemed guilty of perjury, and being thereof convicted. shall be subject and liable to all the punishments, pains, and pe nalties to which persons convicted of wilful and corrupt perjury are liable; and every such person may be tried for any such perjury, either in the place where the offence was committed, or in any colony or settlement of His Majesty near thereto, in which there is a court of competent jurisdiction to try any such offence, or in His Majesty's Court of King's Bench in England; and that in case of any prosecution for such offence in His Majesty's said Court of King's Bench, the venue may be laid in the county of Middlesex.

LIX. And be it further enacted, That the pendency of any suit or proceeding instituted before the said Commissioners for the condemnation or restitution of any ship or cargo or slaves, taken, seized, or detained by virtue of the said Treaties or Conventions with Spain and Portugal, or instructions or regulations thereto annexed, or the final adjudication or condemnation, or sions, shall judgment or determination thereupon, may be pleaded in bar or given in evidence under the general issue, and shall be and be deemed and adjudged in any court whatever to be a good and complete bar in any action, suit, or proceeding, whether brought or instituted by any person or persons for the recovery of any ship, vessel, or cargo, or of any damage for any injury sustained thereby, or by the persons on board the same, in consequence of any capture, seizure, or detention, or act, matter, or thing done under the authority or in pursuance of the provisions of the said Treaties or Conventions, or of the instructions or regulations thereto annexed.

suit.

Mixed

the Nether

only tribunal.

LX. And be it further enacted, That it shall not be lawful Courts under for any person to commence, prosecute, or proceed in any claim, land Treaty action, or suit whatever, in the High Court of Admiralty, or in shall be the any other court, or before any judges or persons whomsoever, other than the several mixed courts of justice appointed under and by virtue of the Treaty with the Netherlands aforesaid and this Act, for the condemnation or restitution of any ship or cargo or slaves, or for any compensation or indemnification for any loss or damage, or for any injury sustained by such ship, cargo, or slaves, or by any persons on board any such ship, in consequence of any capture, seizure, or detention, under the authority or in pursuance of the provisions of the said Treaty with the Netherlands, or of the instructions and regulations thereto annexed, or of this Act; and that the pendency of any claim, suit, or proceeding instituted, or which may be instituted before any of the said Mixed Courts, so to be appointed under the authority of the said Treaty with the Netherlands, and this Act, for the condemnation or restitution of any ship or cargo, or slaves, taken, seized,

or detained by virtue of the said Treaty with the Netherlands, or of the instructions and regulations thereto annexed, or for any compensation or indemnification for any loss or damage, in consequence of the taking, seizing, or detaining any such ship or the final adjudication, condemnation, judgment, or determination of any such Mixed Court, as the case shall require, may be pleaded in bar or given in evidence under the general issue; or in case no such claim, suit, or proceeding shall have been instituted before any such Mixed Court, then the said Treaty, Instructions, and Regulations, and this Act may in like manner be pleaded in bar, or given in evidence under the general issue; and every such plea in bar or evidence so given under the general issue shall be deemed and adjudged to be a good and complete bar to any such claim, action, suit, or proceeding in the said High Court of Admiralty, or in any court or place other than such Mixed Courts.

Admiralty

LXI. Provided always, and be it further enacted, That it Jurisdiction shall be lawful for the Lords Commissioners of Appeal in Prize of Prize Causes, and for the High Court of Admiralty, in all cases and Appeal and questions arising out of the said captures that may be depending Courts. before them, or that may be brought before them on appeal from any Vice-Admiralty Court, according to their respective jurisdictions (except in such cases as are in and by this Act expressly excepted), to proceed therein, and to hear and determine all questions respecting any right or interest in or to the same, to which His Majesty, or the captors or seizors of such ships, vessels, or cargoes may claim to be entitled by reason of the capture or seizure thereof, and the laws relating thereto, and to enforce their judgments and orders therein by the usual process of the said courts.

establishing

the use of His Majesty.

LXII. Provided always, and be it further enacted, That in Proceeds, în all cases of Spanish and Portuguese ships captured and pro- case of capceeded against, and for which indemnification has or may be tors not made, in pursuance of the said Treaties or Conventions afore- their rights, said, and in which the captors or seizors shall not establish any to be paid to right or interest on their behalf, by reason of the capture thereof, and the laws relating thereto, it shall be lawful for the said court respectively to order and to adjudge the ships, vessels, and cargoes, or the proceeds thereof, and all and every part thereof unto or to which the captors shall not establish any right or interest as aforesaid, to be delivered or paid, to the use of His Majesty, to such person or persons as the said Commissioners of His Majesty's Treasury for the time being shall appoint to receive the same, and to enforce the delivery or the payment thereof by the usual process, as is used and established by law in cases of prize.

the papers

LXIII. And whereas several vessels belonging to the sub- Treasury jects of Spain, Portugal, and the Netherlands respectively, have may direct been captured between the seventeenth day of February one and proceedthousand eight hundred and fifteen and the period at which the ings respectCommissioners appointed in virtue of the before-mentioned ing vessels Treaties or Conventions have assembled: And whereas the ves- belonging to

and cargoes

the subjects

of Spain, Portugal, or

the Nether

lands, con

demned in the Vice

sels belonging to the subjects of Portugal so captured as aforesaid are, by the Additional Convention with that state, bearing date the twenty-eighth day of July, one thousand eight hundred and seventeen, made the subject of special adjudication under the Mixed Commission established in London: And whereas, Admiralty during the period aforesaid certain proceedings have been had and decrees have been made without due authority or jurisdieSierra Leone, tion in the Vice-Admiralty Court at Sierra Leone, in respect of mitted to the seizures of the vessels and the cargoes belonging to the subjects registry of the of Spain, Portugal, and the Netherlands, some or all of them,

Court at

to be trans

Admiralty

Court of
England.

Treasury

may enforce

for alleged contravention of the said Treaties or Conventions: And whereas it is expedient and necessary to make further provisions and regulations respecting all the aforesaid ships and cargoes, and also for the payment of bounties in certain cases for slaves seized and taken on board the said ships; be it further enacted, That it shall be lawful for the Commissioners of His Majesty's Treasury to direct the original papers and proceedings respecting all ships, vessels, and cargoes belonging to any of the subjects of Spain, Portugal, or the Netherlands, condemned in the Vice-Admiralty Court at Sierra Leone since the seventeenth day of February, one thousand eight hundred and fifteen, to be transmitted to the registry of the High Court of Admiralty of of England: and further, to direct the proceeds of such ships and cargoes, in whosesoever possession the same may be, to be proceeds, and remitted and paid for the use of His Majesty, in such manner as the said Commissioners of the Treasury may direct and appoint; and further, that it shall be lawful for the said Commissioners of the Treasury to institute proceedings in the said High Court of Admiralty against any person or persons in possession of the said proceeds, for the purpose of obtaining payment of the same, and to enforce the payment thereof by process of the said court, and to reward the captors in all cases where contravention of Treaty has taken place, by granting to them one moiety of the proceeds of every ship and cargo captured as aforesaid; and the remaining moiety of the said proceeds shall be paid to such person or persons as the said commissioners shall direct or appoint to receive the same, for the use of His Majesty.

payment of

reward in

certain cases.

Captors not entitled to rewards

LXIV. Provided always, and be it further enacted, That the captors shall not be entitled to any such reward, where the where com- Mixed Commission, established in London for the adjudication of the claims of Portuguese subjects, have awarded or may hereafter award indemnification to be made to the Portuguese

missioners

for Portu

guese claims
award indem- owners.

order the charges of

incurred by

nification. LXV. And be it further enacted, That in every seizure of Treasury may any ship or vessel for being engaged or employed in the illicit Traffic in Slaves, by any of His Majesty's ships or vessels of proceedings war, or any ship or vessel duly commissioned by any governor captors to be or lieutenant-governor of any of His Majesty's colonies or settlements, in which it shall appear to the satisfaction of the lord the proceeds, high treasurer, or the commissioners of His Majesty's Treasury for the time being, that such seizure has not been wantonly or improperly made, it shall be lawful for the said lord high trea

paid out of

&c.

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