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surer or commissioners of His Majesty's Treasury, or any three or more of them, to order and direct that all the costs, charges, and expenses which may have been or may be incurred by the person or persons making such seizures, in any proceedings or for any matter or thing relating thereto, or arising out of any such seizure, shall be paid and defrayed out of the proceeds of such capture or seizure, or out of any of the proceeds of the said vessels or cargoes paid or to be paid to the order of the Commissioners of His Majesty's Treasury under the provisions of this Act.
LXVI. And be it further enacted, That wherever ships and Captors of cargoes captured by any of His Majesty's ships of war, or by vessels and any ship or vessel commissioned by any governor or lieutenant- demned for governor of any of His Majesty's colonies or settlements, have illicit trading been in fact condemned for illicit trading in slaves, contrary to in slaves, and the Treaties or Conventions made between the Governments distributed, Spain, Portugal, or the Netherlands, and where distribution of the shall be conproceeds thereof has been made prior to the tenth day of July firmed in the one thousand eight hundred and twenty-one, the said captors the proceeds. shall be confirmed and are hereby confirmed in the possession of the said proceeds; any law, statute, or usage to the contrary notwithstanding.
the moiety of the proceeds
LXVII. And be it further enacted, That where any ship or Captors of vessel employed or engaged in illicit Traffic in Slaves, in viola- vessels shall, tion of any of the said Conventions hereinbefore mentioned, same are conshall be seized by any ship or vessel belonging to His Majesty, demned, be duly authorized under the provisions of the said Conventions to entitled to make such seizure, and shall be afterwards condemned by any of the commissioners appointed in virtue of the Treaties or Conven- belonging to tions aforsaid, there shall be paid to the captors the moiety to His Majesty. which His Majesty is entitled, under the said Treaties or Čonventions, of the net proceeds of the said ship and cargo; the said moiety of the said net proceeds to be distributed in the manner hereinafter directed for the distribution of bounties on slaves taken on board the said vessels.
slave found on
LXVIII. And be it further enacted, That there shall be A bounty of paid out of the Consolidated Fund of the United Kingdom of 10. for every Great Britain and Ireland, a bounty of ten pounds of lawful board of vesmoney of Great Britain for every man, woman, and child slave sels seized seized and found on board any ship or vessel taken, and by the and con commissioners appointed in virtue of any of the said Treaties or Conventions condemned for illicit Traffic in Slaves, in violation of any of the provisions of the said Conventions, such bounty to be issued and paid by order from the said commissioners of His Majesty's Treasury, and to be distributed to and amongst the captors aforesaid, in such manner and proportions as His Majesty, his heirs and successors, shall think fit to order and direct, by any order or orders in council, or by any proclamation or proclamations to be made for that purpose.
LXIX. And whereas, besides the Treaties hereinbefore men- Such bounty tioned, a certain other Treaty was concluded with His Royal of 107. shall Highness the Prince Regent of Portugal, on the nineteenth day every slave
be paid for
sels of Portu
and Netherlands, cap
tured within the periods
of February one thousand eight hundred and ten: And whereas board of ves- prior to the passing of this Act, and since the conclusion of the said Treaties respectively, divers seizures have been made of ships, cargoes, and slaves on board the said ships, the said ships being engaged in Traffic for Slaves, contrary to the provisions of the said Treaties, some or one of them; be it further enacted, That in all captures of Portuguese vessels, made by any of His Majesty's ships of war, or any ship or vessel duly commissioned by any governor or lieutenant-governor of any of His Majesty's colonies or settlements, between the first day of June one thousand eight hundred and fourteen, and the twenty-eighth day of July one thousand eight hundred and seventeen, which said vessels shall have violated any Treaty or Convention with Portugal, there shall be paid a like bounty of ten pounds for every man, woman, and child slave so seized and taken ; and in all captures of vessels belonging to Spain, Portugal, or the Netherlands, captured by any of His Majesty's ships or vessels duly authorized under the provisions of the said Treaties, of the said twenty-eighth day of July one thousand eight hundred and seventeen with Portugal, the said twentythird day of September one thousand eight hundred and seventeen with Spain, and the said fourth day of May one thousand eight hundred and eighteen with the Netherlands, prior to the passing of this Act, and condemned for contravention of the provisions thereof, there shall be paid a like bounty of ten pounds for every man, woman, and child slave found on board any such vessel, to be distributed to the captors thereof, in the same manner as is by the provisions of this Act hereinbefore directed: Provided always, that in all cases in which the proceeds of any such capture shall have been distributed among the captors, and allowed to be retained by such captors, under the provisions of this Act, the amount of the moiety of the proceeds shall be deducted from such bounties.
buted and allowed,
shall be de- LXX. Provided always, and be it further enacted, That in ducted from all cases where any bounty or bounties, or any proceeds, are by bounties. virtue of this Act given to any capturing vessel duly commisbounties to be sioned by any governor or lieutenant-governor of any of His distributed as Majesty's colonies or settlements, the said proceeds and bounty the Treasury or bounties shall be distributed in such manner as the commissioners of His Majesty's Treasury shall be pleased to direct or appoint.
LXXI. Provided also, and be it further enacted, That any benefit under party or parties claiming any benefit, by way of bounty or share this Act may of the proceeds, for the seizure of any Spanish, Portuguese, or resort to the Netherland vessels, for violation of Treaty or Convention, shall Court of Ad- and may resort to the High Court of Admiralty for the purpose
of obtaining the judgment of the said court in that behalf; and that it shall and may be lawful for the judge of the said High Court of Admiralty to determine thereon, and also to hear and determine any question of joint capture which may arise upon any seizure of slaves, and enforce any decree or sentence of any of the Mixed Commission Courts established or to be established
in pursuance of Treaties or Conventions with foreign Powers, and the decrees or sentences of the Vice-Admiralty Court relating to any seizure under this Act.
or shall not
LXXII. And be it further enacted, That where any slaves, Where slaves or persons treated, dealt with, carried, kept, or detained taken as prize slaves, have been, prior to the passing of this Act, or shall be have been hereafter taken as prize of war, or trading contrary to the pro- condemned, visions of the Treaties with foreign Powers, or as liable to have been deforfeiture for any offence committed against this Act, but who livered over, shall not have been condemned, or shall not have been delivered the Treasury over in consequence of death, sickness, or other inevitable cir- may allow cumstance, it shall and may be lawful for the said commissioners the bounty. of His Majesty's Treasury, if to their discretion it shall seem meet, by warrant, signed by any three or more of them, to direct the payment, out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland, of one moiety of the bounty which would have been due in each case respectively if the said slaves had been delivered over.
one moiety of
LXXIII. And be it further enacted, That when any seizure Where judg shall be made or prosecution instituted as or for the violation of ment shall be any of the provisions of this Act, and judgment shall be given the seizor, or against the seizor or prosecutor, or such seizure shall be relin- the seizure quished by him, it shall be lawful for the said Lords Commis- shall be resioners of His Majesty's Treasury, if to their discretion it shall the Treasury seem meet, by warrant, signed by any three or more of them, to may direct direct payment to be made out of the Consolidated Fund of the payment of United Kingdom of Great Britain and Ireland, of such costs, damages. damages, and expenses as the said seizor or prosecutor may be liable to pay in respect of such seizure, or any proportionate part thereof.
the costs and
count of un
LXXIV. And be it further enacted, That it shall and may Treasury be lawful for the Lords Commissioners of His Majesty's Treasury, if to their discretion it shall seem meet, by warrant, signed by payment of three or more of them, to direct payment to be made out of the awarded to be Consolidated Fund of the United Kingdom of Great Britain and due on acIreland, of any sums of money awarded by the Mixed Com- lawful seimission Courts to be due on account of any unlawful seizure or zures. detention by any of His Majesty's authorized cruizers: Provided Liability of always, that nothing herein contained shall exempt the seizor seizors not from his liability to make good the payments so made, when lawfully called upon by order of the said commissioners.
mit to the
LXXV. And be it further enacted, That the registrars of the several Vice-Admiralty Courts, and also the commissary judges ralty Courts, and commissioners of arbitration of the several Mixed Commis- &c., to transsion Courts respectively, shall, on the first day of January and Treasury a first day of July in every year, transmit to the said Lords Com- return of all missioners of His Majesty's Treasury a list or return of all cases cases adwhich shall have been adjudged in the said courts respectively said courts under this Act, during the six months preceding, together with for the prethe names of the seizors, and the dates of the seizures and ceding six tences respectively, together with an account of the state of the state of the property, according to the Schedule marked (A.) to this Act property acannexed.
judged in the
cording to Sched. (A.)
to be paid
LXXVI. And be it further enacted, That all sums of money His Majesty accruing to His Majesty from or on account of any forfeiture, penalty, or condemnation under this Act, shall be paid over to such person or persons as His Majesty, his heirs, and successors, may please to appoint, for the use of His Majesty, his heirs and
over as he
to which prize agents are liable
LXXVII. And be it further enacted, That all the provisions, rules, regulations, forfeitures and penalties respecting the delivery by prize agents of accounts for examination, and the shall be ex- distribution of prize money, and the accounting for and paying over the proceeds of prize and the per-centage due thereon to Greenwich Hospital, shall be and are hereby extended to all bounties and proceeds to be distributed under the provisions of this Act to the officers and crews of any of His Majesty's ships or vessels of war, whether the said bounty and proceeds shall be paid to prize agents, or to any other persons authorized to receive the same for the use and benefit of the officers and crews of any of His Majesty's ships or vessels of war.
bounties and proceeds to be distributed under this Act.
In all actions
ant may plead the
LXXVIII. And be it further enacted, That if any action or suit shall be commenced, either in Great Britain or elsewhere, against an person or persons, for anything done in pursuance of the said Treaties, Conventions, or the instructions or regulations thereto annexed, or of this Act, in as far as it relates thereto, the defendant or defendants in such action or suit may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of the said Treaties, Conventions, Instructions, or Regulations, or of this Act; and if it shall appear so to have been done, the jury shall find for the defendant or defendants; and if the plaintiff shall be nonsuited, or discontinue his action after the defendant or defendants shall have appeared, or if judgment shall be given upon any verdict or demurrer against the plaintiff, the defendant or defendants Treble costs. shall recover treble costs, and have the like remedy for the same as defendants have in other cases by law.
Nothing in this Act con
tained relating to the
LXXIX. And also that nothing in this Act contained in relation to the said Treaties, Conventions, Regulations, or Instructions aforesaid, shall extend or be deemed or construed in said Treaties, anywise to alter, suspend, affect, relax, or repeal any of the &c. shall ex- clauses, penalties, forfeitures, or punishments contained enacted in any other part of this Act, but that all such clauses. regulations, penalties, forfeitures, and punishments therein contained, shall remain in full force and virtue.
tend to alter any other
part of this
LXXX. And be it further enacted, That nothing in the this Act con- other parts of this Act contained shall extend or be deemed o construed in anywise to alter, suspend, affect, relax or repea alter any of any of the clauses, penalties, forfeitures, or punishments con the said Trea- tained, enacted, or confirmed in that part of this Act whic relates to the said Treaties, Conventions, Regulations, or Instruc tions aforesaid.
Act may be altered this
LXXXI. And be it further enacted, That this Act may h repealed, altered, or amended during this present session Parliament.