Officers commanding Ships of His Majesty or of the Queen of Spain, being duly authorized, empowered to visit and search Merchant Ships within certain Limits. Ships suspected of having been fitted out for any same, That it shall and may be lawful for Officer commanding any Ship of War of His Majesty or of the Queen Regent of Spain, not below the Rank of Lieutenant of the Royal Navy, (unless by the Death or Absence of the Commander of such Ship the Command thereof shall have devolved upon an Officer of inferior Rank, and then for such last-mentioned Officer,) and who shall be duly instructed and authorized according to the Provisions of the said Treaty, and for any Officer not below the Rank of Lieutenant in the Royal Navy who shall be acting under the Orders of any Officer commanding a Ship of War so instructed and authorized as aforesaid, to visit and search any Merchant Vessel of either of the said Two Nations which shall upon reasonable Grounds be suspected of being engaged in the Traffic in Slaves, or having been fitted out for that Purpose, or of having during the Voyage in which such Vessel is met been engaged in such Traffic, excepting within the Mediterranean Sea, or within the Seas in Europe lying without the Streights of Gibraltar, and which lie to the Northward of the Thirty-seventh Parallel of North Latitude, and also within and to the Eastward of the Meridian of Longitude Twenty Degrees West of Greenwich, and to detain and send or carry away such Vessel, together with its Masters, Sailors, Passengers, Slaves, and Cargo, for the Purpose of such Vessel being brought to Adjudication before one of the Mixed Courts of Justice to be established in virtue of the Seventh Article of the said Treaty; and all such Commanders and other Officers are hereby authorized and required in the Exercise of such Rights, of visiting, searching, detaining, sending, carrying in, and delivering as aforesaid, to execute and comply with the said several Provisions and Instructions of the said Treaty as apply thereto respectively. II. And be it further enacted, That all Ships and Vessels belonging wholly or in part to His Majesty's Subjects, which shall be the Purpose of suspected upon reasonable Grounds of being engaged in the Traffic Traffic in Slaves in Slaves, or of having been fitted out for that Purpose, or of liable to Search. having during the Voyage in which such Vessel is met been engaged in such Traffic, and all Boats, Apparel, and Cargoes therein, shall be and are hereby declared to be and made subject to Search and Detention by British or Spanish Vessels of War duly authorized for that Purpose according to the Stipulations of the said Treaty, and are also hereby made subject to the Adjudication of and to Condemnation or other Judgment by the Judges and Arbitrators of the Mixed Courts to be appointed according to the Provisions of the said Treaty. His Majesty may appoint Judges and Arbitrators to decide Cases of Detention. III. And be it further enacted, That it shall be lawful for His Majesty, by any Warrant under His Royal Sign Manual, countersigned by One of His Majesty's Principal Secretaries of State for the Time being, to appoint such Judges and Arbitrators as are in and by the said Treaty mentioned to be appointed by His Majesty, and from Time to Time to supply any Vacancies which may arise in such Offices by appointing other Persons thereto, and to grant Salaries to such Judges and Arbitrators as aforesaid, not exceeding such annual Sums as the Lords Commissioners of His Majesty's Treasury shall from Time to Time direct; and such Judges and Arbitrators are hereby authorized and empowered to examine and decide all such Cases of Detention, Captures, and Seizures of Vessels, and their Cargoes as aforesaid, detained, seized, or captured under the said Treaty, as are by the said Treaty and by this Act made subject to their Jurisdiction, and to proceed therein, and give such Judgments, and make such Orders therein, and do all other Acts, Matters, and Things appertaining thereto, agreeably to the Provisions of the said Treaty, 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 this Act. IV. And be it further enacted, That it shall be lawful for His Majesty by any Warrant under His Royal 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 Mixed Court which shall be established in His Majesty's Dominions, and from Time to Time to 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 Lords Commissioners shall from Time to Time direct; and such Secretary or Registrar is hereby authorized and empowered to do, perform, and execute all the Duties of such Office set forth and prescribed by the said Treaty, 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 said Office. any His Majesty In case of the pacity from Illness of any British Judge of such Courts, or of the British Arbi V. And be it further enacted, That in case of the Death, Sickness, Absence on Leave, or any other legal Impediment of such British Judge of either of the said Courts established by virtue of the said Treaty, the British Arbitrator of such Court shall fill the Office of such Judge ad interim until the Office shall be thereafter filled by some Person appointed by His Majesty, or until such Judge shall resume the Duties of his said Office; and that in case of such Vacancy of the Office of British Arbitrator of the Court trator. established by virtue of the said Treaty in the Possessions of His Majesty, or in case of the Death, Sickness, Absence on Leave, or other Impediment of the said Arbitrator of the said Court, the Office of such Arbitrator shall be filled ad interim successively by the Governor or Lieutenant Governor resident in such Possession, by the principal Magistrate in the same, and by the Secretary of the Government, until the said Office shall be filled by some Person appointed by His Majesty, or until such Arbitrator shall resume the Duties of his said Office; and that in case of the Death, Sickness, Absence on Leave, or other legal Impediment of the British Arbitrator in the Court established by virtue of the said Treaty within the Possessions of Her Catholic Majesty, or of his assuming ad interim the Duties of a Judge of the said Court as aforesaid, the Office of such British Arbitrator shall be filled ad interim successively by the British Consul and British Vice Consul resident in such Possession; and in case of such Vacancy of the Offices both of such British Judge and British Arbitrator, then that such Office of Judge shall be filled ad interim by the British Consul, and such Office of British Arbitrator by the British Vice Consul; and in case there shall be no British Consul or Vice Consul at such Place, then that it shall be lawful for the Spanish Judges and Arbitrators to take an Oath. Spanish Arbitrator to act in all those Cases in which a British Arbitrator, if there were any, would be required to act; and in case of such Vacancy in the Offices both of British Judge and British Arbitrator, and there should be neither a British Consul nor British Vice Consul resident at such Place, then that it shall and may be lawful for the Spanish Judge and Spanish Arbitrator of such Court to sit alone in such Court, and in all Cases brought before them for Adjudication to adjudge the same and pass Sentence accordingly, until the said Offices shall respectively be thereafter filled by some Person or Persons appointed by His Majesty, or until the said British Judge and British Arbitrator shall resume the Duties of their said Offices respectively. VI. And be it further enacted, That every such Judge and Arbitrator so appointed by His Majesty shall, before he shall enter upon the Execution of any of the Duties of such his Office, take an Oath in the Presence of the principal Magistrate then residing and acting in the Colony, Settlement, or Place, whether belonging to His Britannic Majesty or to Her Most Catholic Majesty, in which the Court shall be established; which Oath any such Magistrate is hereby authorized to administer in the Form following; (that is to say,) 6 as Form of Oath.A.B. do solemnly swear, That I will, according to the 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 Judgment and Power, act in pursuance of and according to the Stipulations, Regulations, and Instructions contained in the Treaty between His Majesty and Her Catholic Majesty, signed at Madrid on the Twenty-eighth Day of June One thousand eight hundred and thirty-five.' And every Secretary or Registrar appointed by His Majesty under the Provisions of the said Treaty and of this Act shall, before he enters on the Duties of his said Office, take an Oath before One of the Judges of the said Court, who is hereby empowered to administer the same, in the Form following; (that is to say,) 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 Respect to the Authority of the Judges and Arbitrators of the Court to which I am attached, and will act with 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.' VII. And be it further enacted, That it shall be lawful for the said Judges or Arbitrators, or either of them, or for any such Secretary or Registrar, and they are hereby respectively empowered, to administer Oaths to and take the Depositions of all Parties, Witnesses, and other Persons who may come or be brought before them to be examined, or for the Purpose of deposing in the Course of any Proceeding before the said Judges or Arbitrators under the said Treaty and this Act; and it shall also be lawful for the said Judges and Arbitrators to summon before them all Persons whom they may deem it necessary or proper to examine in relation to any Suit, Proceeding, Matter, or Thing under their Cognizance, and to send for and issue Precepts for the producing 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. VIII. And be it further enacted, That every Person who shall wilfully and corruptly give false Evidence in any Examination or Deposition had or Affidavit taken upon or in any Proceeding before the Judges or Arbitrators aforesaid, under the said Treaty or this Act, shall be deemed guilty of Perjury, and being thereof convicted shall be subject and liable to all the Punishments, Pains, and Penalties 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 Öffence was mitted, 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. com Punishing Persons giving false Evidence. Pendency of Bar to any Proceedings instituted for IX. And be it further enacted, That the Pendency of any Suit or Proceeding instituted before the said Judges or Arbitrators for the Condemnation or Restitution of any Ship or Cargo or Slaves taken, seized, or detained by virtue of the said Treaty, or the final Adjudication, Condemnation, or Judgment or Determination thereupon, may be pleaded in bar or given in Evidence under the the Recovery General Issue, and shall be and be deemed and adjudged in any of the Vessels Court whatever to be a good and complete Bar in any Action, detained. Suit, or Proceeding, whether brought or instituted by any Person or Persons for the Recovery of any such Ship, Vessel, or Cargo, or of any Damage or 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 Treaty; any thing in any Act or Acts of Parliament or Law or Laws to the contrary notwithstanding. Judges and Commissioners of Arbitration already ap pointed under former Treaties X. Provided always, and it is hereby enacted, That, until the Appointment and Establishment of the Mixed Courts to be appointed and established under and by virtue of the said Treaty and this Act, it shall and may be lawful for the Commissary, Judges, and Commissioners of Arbitration appointed under and by virtue of a Treaty made between His Majesty and the King may act until of Spain for preventing Traffic in Slaves, and signed at Madrid Judges and on the Twenty-third of September in the Year One thousand Arbitrators are eight hundred and seventeen, and of an Act of Parliament passed appointed under in the Fifty-eighth Year of the Reign of His Majesty King George the Third, for carrying into execution the said Treaty, to do and perform all Acts, Matters, and Things which by the said Treaty of the Twenty-eighth Day of June One thousand eight hundred and thirty-five and by this Act are required and authorized to be done and performed by the Judges and Arbitrators of the said Mixed Courts, when established, according to the true Intent and Meaning of the said last-mentioned Treaty and of this Act. XI. And this Act. Vessels equipped for Traffic in Slaves to be deemed engaged in the Slave Trade. 5 G. 4. c. 113. Bounty for tured. Copy of Sen tence to be pro duced to the Commissioners of the Treasury. One Moiety in certain Regulations,&c. respecting Prize Agents Ac counts extended to this Act. XI. And be it further enacted and declared, That if any of the Particulars specified in the Tenth Article of the said Treaty shall be found in the Outfit and Equipment of or on board of any such Merchant Vessel wholly or in part owned by Subjects of His Majesty, and visited and detained in pursuance of the said Treaty, such Vessel shall, unless Proof be given to the contrary, be held and taken to have engaged in the Slave Trade, or to have been fitted out for the Purposes of such Traffic, and to be equipped and employed for the Purposes declared unlawful by an Act of Parliament passed in the Fifth Year of the Reign of His Majesty King George the Fourth, intituled An Act to amend and consolidate the Laws relating to the Abolition of the Slave Trade. XII. And be it further enacted, That there shall be paid out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland, to the Commanders, Officers, and Crews of His Majesty's Ships authorized to make Seizures under the said Treaty, a Bounty of Five Pounds of lawful Money of Great Britain for every Man, Woman, and Child Slave seized and found on board a British or Spanish Ship or Vessel taken, delivered over, and condemned in pursuance of the Provisions of the said Treaty and of this Act; such Bounty to be issued and paid by Order from the 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 in Council or by any Proclamation to be made for that Purpose. XIII. Provided always, and be it further enacted, That in order to entitle the Captors to receive the said Bounty Money the Number of Men, Women, and Children so taken, delivered over, and condemned shall be proved to the Commissioners of His Majesty's Treasury, by producing a Copy, duly certified, of the Sentence or Decree of Condemnation, and also a Certificate under the Hand of the proper Officer or Officers, Military or Civil, who may be appointed to receive such Slaves. XIV. And be it further enacted, That where any Slaves, or Persons treated, dealt with, carried, kept, or detained as Slaves, shall be taken or seized on board any British or Spanish Ship or Vessel in pursuance of the Provisions of the said Treaty and of this Act, but who shall not have been condemned, or shall not have been delivered over in consequence of Death, Sickness, or other inevitable Circumstance, it shall and may be lawful for the said Commissioners 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 and condemned. XV. 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 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 |