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would have been due in each case if the slaves had been delivered over. § 72.

Judgment against the seizor, or seizure relinquished.-When any seizure shall be made, or prosecution instituted, and judgment shall be given against the seizor or prosecutor, or such seizure shall be relinquished, it shall be lawful for the commissioners of the treasury, if to their discretion it shall seem meet, by warrant, signed by three or more of them, to direct payment to be made out of the consolidated fund of such costs, damages, and expenses as the said seizor or prosecutor may be liable to pay, or any proportionate part thereof. § 73.

Liability of seizors not taken away.-It shall be lawful for the commissioners of the treasury, if to their discretion it shall seem meet, by warrant signed by three or more of them, to direct payment to be made out of the consolidated fund, of any money awarded by the mixed commission courts to be due on account of any unlawful seizure or detention: Provided, that nothing herein contained shall exempt the seizor from his liability to make good the payments so made, when lawfully called upon by order of the said commissioners. § 74.

Return of all cases adjudged for the preceding six months.-The registrars of the several vice-admiralty courts, and also the commissary judges and commissioners of arbitration of the mixed commission courts, shall, on the 5th of January and 1st of July in every year, transmit to the commissioners of the treasury a list or return of all cases which shall have been adjudged in the said courts under this act, during six months preceding, together with the names of the seizors, and the dates of the seizures and sentences, together with an account of the state of the property, according to the schedule marked (A.) to this act annexed. § 75.

Forfeitures to his Majesty.-All sums of money accruing to his Majesty from any forfeiture, penalty, or condemnation under this act, shall be paid over to such persons as his Majesty may please to appoint, for the use of his Majesty. § 76.

Regulations to which prize agents are liable extended to this act.—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 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 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 of the officers and crews. § 77.

In all actions commenced under this act defendant may plead the general issue. And if the jury find for the defendant, &c. &c. the defendant shall recover treble costs. § 78.

Treaties, &c. not to alter any other part of this act.-Nothing in this act contained in relation to the said treaties, conventions, regulations, or instructions, shall extend to alter, suspend, affect, relax, or repeal any of the clauses contained in any other part of this act. § 79.

This act not to alter any of the said treaties, &c.-Nothing in the other parts of this act, shall extend to alter, suspend, affect, relax, or repeal any of the clauses, penalties, forfeitures, or punishments contained in that part of this act which relates to the said treaties, con ventions, regulations, or instructions. § 80.

This act may be repealed, altered, or amended during this present session. § 81.

This act shall commence from and after the first day of January, 1825. § 82.

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An Act to continue an Act for amending and consolidating the Laws relating to the Abolition of the Slave Trade.

Powers vested in his Majesty in council by 5 Geo. IV. c. 113. § 15.* continued until July 31, 1829, and further until the end of the then next session of parliament, if parliament be then sitting. § 1.

In colonies where no custom house is established, the governor may appoint some person to grant clearances and certificates for the removal of slaves. And whereas it is by the said act, amongst other things, provided, that where two or more islands are comprised in the same colonial government, nothing therein contained shall prevent or be construed to prevent any proprietor of slaves, lawfully being in any one of such islands, from carrying away or removing such slaves to any other island within the same government, for the purpose of cultivating any estate or plantation belonging to such proprietor himself; provided that such special purpose of the removal shall previously be made to appear to the satisfaction of the governor or lieutenant-governor, or other person having the chief civil command within such government, who thereupon shall and may grant a licence for such removal, specifying therein the special cause thereof; but it is enacted, that before any slave or slaves shall, by virtue of any such licence, be so removed or embarked on board of any ship or vessel for that purpose, such clearances or permits, and such certificates, shall be obtained as are thereinafter mentioned and directed in regard to domestic slaves attending on

See page 1074.

their owner or master or his family by sea; and it is by the said act further provided, that nothing therein contained shall prevent any slave, who shall be really and truly the domestic servant of any person residing or being in any island, colony, plantation, or territory belonging to his Majesty, from attending such his owner or master or any part of his family, by sea, to any place whatever; nevertheless, under certain regulations therein mentioned, and especially under the regulation that the name and occupation of every such domestic slave shall be inserted in or endorsed upon the clearance or permit to depart of such ship or vessel, by or in the presence of the collector, comptroller, or other chief officer of the customs of the port or place from which such ship shall clear outwards on any voyage, who shall, without fee or reward, certify under his hand that the slave so embarked or carried was reported or described to him as a domestic servant: and whereas it may be necessary to effect a removal of slaves, under the provisions aforesaid, from islands in which no custom house is established, and in such cases it would be impossible to comply with the regulations aforesaid; it is therefore enacted, that it shall be lawful for the governor, or other person administering the government in any of his Majesty's colonies, by commission under his hand and seal, to appoint some fit person or persons in any one or more island or islands in any such colony wherein no custom house shall be established, for the special purpose of granting such clearances and certificates as aforesaid: and all clearances and certificates to be granted by any person so appointed shall be to all intents and purposes as valid and effectual as if the same had been granted by any collector, &c. as in the said recited act in that behalf mentioned: Provided, that every such commission shall and may from time to time be revoked and renewed by any such governor as occasion may require. § 2.

An Act to reduce the Rate

1 Wm. IV. c. 55.

of Bounties payable upon the seizure of Slaves.

Former bounties repealed. New bounties.*-For all slaves seized from and after October 5, 1830, the different rates of bounties granted by 5 Geo. IV. c. 113., and 7 & 8 Geo. IV. c. 74. are repealed; and in lieu of the former bounties, there shall be paid, out of the consolidated fund of the United Kingdom, to the seizor, or to the seizor and governor respectively, in those cases where the governor of any of his Majesty's colonies or plantations, is or may be entitled, a bounty of 57. each, upon every man, woman, and child slave seized and condemned as forfeited or delivered over agreeably to the several provisions of the said acts. § 1.

In some cases, without decree of forfeiture, moiety of bounty may be allowed.-Provided that where any slaves shall be seized after October 5, 1830, and shall be considered liable to forfeiture under the provisions of the treaties with Portugal, Spain, the Netherlands, and the Brazils, but who shall not have been pronounced forfeited in consequence of death, sickness, or other inevitable circumstance, it shall be lawful for the commissioners of his Majesty's treasury, if to their discretion it shall seem meet, to direct payment of one moiety of the bounty which would have been due if the said slaves had been proceeded against aud pronounced forfeited. § 2.

These have been transferred to the Admiralty by 2 Wm. IV. c. 80. § 20.

The Order in Council directing the distribution of the proceeds of slave ships and bounties is dated 14 March, 1827. (Gazetted 30 March, 1827.)

New regulations will also be found in an Order of 30 June, 1827. (Gazetted 6 July, 1827.)

7 and 8 Geo. IV. c. 54.

An Act to carry into effect the Treaty with Sweden relative to the Slave Trade. (2 July, 1827.)

By this act British ships of war are duly authorized to seize Swedish vessels acting contrary to the Treaty between Sweden and Great Britain, dated 6 Nov. 1824. § 1.

British vessels trading in slaves subject to seizure by British or Swedish vessels, and to condemnation by judges appointed according to the Treaty. § 2.

*

How claims are to be made for ships seized, see § 9. and the Treaty. For this Treaty see A Complete Collection of Treaties between Great Britain and Foreign Powers, by Lewis Hertslet, Esq.Butterworth, Fleet-street.

7 and 8 Geo. IV. c. 74.

An Act to carry into Execution a Convention between His Majesty and the Emperor of Brazil, for the Regulation and Abolition of the African Slave Trade. (2 July, 1827.)

After reciting that by a Convention signed at Rio de Janeiro, 23 Nov. 1826, it was agreed between the two powers that the slave trade should be abolished, it provides that the powers in the acts of the 5 Geo. IV. c. 113-58 Geo. III. c. 85.—and 59 Geo. III. c. 17. should be applied in the execution of the Treaty with the Emperor of Brazil.

For this Convention, see also Hertslet's Collection of Treaties.

CONVENTION between his MAJESTY and the KING of the FRENCH, for the more effectual Suppression of the Traffic in Slaves.

The Courts of Great Britain and of France being desirous of rendering more effec tual the means of suppression which have hitherto been in force against the criminal traffic known under the name of "The Slave Trade," they have deemed it expedient to negotiate and conclude a Convention for the attainment of so salutary an object; and they have to this end named as their plenipotentiaries, that is to say

His Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honourable Viscount Granville, Peer of Parliament, Member of the Privy Council, Knight Grand Cross of the Most Honourable Order of the Bath, Ambassador Extraordinary and Plenipotentiary at the Court of France;

And his Majesty the King of the French, the Lieutenant-General Count Horace Sebastiani, Grand Cross of the Order of the Legion of Honour, Member of the Chamber of Deputies of the Departments, and Minister and Secretary of State for the Department of Foreign Affairs;

Who, after having exchanged their full powers, found to be in due form, have signed the following articles :

Article 1-The mutual right of search may be exercised on board the vessels of each of the two nations, but only within the waters hereinafter described, namely,1st. Along the western coast of Africa, from Cape Verd to the distance of 10 degrees to the south of the Equator,-that is to say, from the 10th degree of south latifude to the 15th degree of north latitude, and as far as the 30th degree of west longi. tude, reckoning from the meridian of Paris.

2d. All round the island of Madagascar, to the extent of 20 leagues from that island.

3d. To the same distance from the coasts of the island of Cuba.

4th. To the same distance from the coasts of the island of Porto Rico. 5th. To the same distance from the coasts of Brazil.

It is, however, understood that a suspected vessel descried and begun to be chased by the cruisers whilst within the said space of 20 leagues, may be searched by them beyond those limits, if, without having ever lost sight of her, they should only succeed in coming up with her at a greater distance from the coast.

2. The right of searching merchant vessels of either of the two nations in the waters herein before mentioned, shall be exercised only by ships of war whose commanders shall have the rank of captain, or at least that of lieutenant, in the navy.

3.-The number of ships to be invested with this right shall be fixed, each year, by a special agreement. The number for each nation need not be the same, but in no case shall the number of the cruisers of the one nation be more than double the number of the cruisers of the other.

4.-The names of the ships and of their commanders shall be communicated by each of the contracting governments to the other, and information shall be reciprocally given of all changes which may take place in the cruisers.

5.-Instructions shall be drawn up and agreed upon in common by the two governments for the cruisers of both nations, which cruisers shall afford to each other mutual assistance in all circumstances in which it may be useful that they should act in concert.

The ships of war authorized to exercise the reciprocal right of search shall be furnished with a special authority from each of the two governments.

6. Whenever a cruiser shall have chased and overtaken a merchant-vessel as liable to suspicion, the commanding officer, before he proceeds to the search, shall exhibit to the captain of the merchant-vessel the special orders which confer upon him, by excep tion, the right to visit her; and in case he shall ascertain the ship's papers to be reguJar, and her proceedings lawful, he shall certify upon the log-book of the vessel that the search took place only in virtue of the said orders: these formalities having been completed, the vessel shall be at liberty to continue her course.

7.-The vessels captured for being engaged in the slave-trade, or as being suspected of being fitted out for that infamous traffic, shall, together with their crews, be delivered over, without delay, to the jurisdiction of the nation to which they shall belong. It is furthermore distinctly understood, that they shall only be judged according to the laws in force in their respective countries.

8-In no case shall the right of mutual search be exercised upon the ships of war of either nation.

The two governments shall agree upon a particular signal, with which those cruisers only shall be furnished which are invested with this right, and which signal shall not be made known to any other ship not employed upon this service.

9.-The high contracting parties to the present treaty agree to invite the other maritime powers to accede to it within as short a period as possible.

10.-The present Convention shall be ratified, and the ratifications of it shall be exchanged, within one month, or sooner, if it be possible.

In faith of which the plenipotentiaries have signed the present Convention, and have affixed thereto the seal of their arms.

Done at Paris, the 30th of November, 1831.

GRANVILLE, (L. S.)

HORACE SEBASTIANI, (L. S.)

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