Signals or

Orders or de

under Convoy obey any Signals or Instructions or any other lawful Commands for disobeying of the Commander of the Convoy, or shall desert such Convoy without Notice given and Leave obtained for that Purpose, he serting Convoy. shall be liable to be articled for such Offence in the High Court of Admiralty of England at the Suit of the Queen in Her Office of Admiralty, and upon Conviction thereof shall be fined, at the Discretion of the said Court, in any Sum not exceeding Five hundred Pounds, and shall suffer such Imprisonment, not exceeding One Year, as the said Court shall adjudge.

Penalty on col

XLI. If any Ship, Vessel, Goods, or Merchandise be taken, lusive Captures. by Collusion or Connivance with the Enemy, by any Officer commanding any of Her Majesty's Ships or Vessels of War, the said Ship, Vessel, Goods, and Merchandise may be declared and adjudged by the Court of Admiralty to be good Prize to Her Majesty, and shall remain at the Disposal of Her Majesty, and the Officer so offending may be articled in the High Court of Admiralty of England at the Suit of Her Majesty, in Her Office of Admiralty, and upon Conviction shall forfeit a Sum not exceeding One thousand Pounds, one Moiety thereof to the Use of Her Majesty, and the other Moiety to the Use of the Person who shall sue for the said Penalty.

No Ships or XLII. It shall not be lawful for any of Her Majesty's SubGoods belonging to Her Ma- jects to ransom or to enter into any Contract or Agreement jesty's Subjects for ransoming any Ship, Vessel, Goods, or Merchandise belongto be ransomed. ing to any of Her Majesty's Subjects which shall be captured by any of Her Majesty's Enemies and all Contracts and Agreements which shall be entered into, and all Bills, Notes, and other Securities, which shall be given by any Person for Ransom, of any Ship Vessel, Goods, or Merchandise contrary to the Provisions of this Act shall be absolutely null and void.

Contracts for
Ransom to be

void.

Penalty on Per

XLIII. Any Person who shall ransom or enter into any sons ransoming. Contract or Agreement for ransoming any Ship, Vessel, Goods, or Merchandise contrary to the Provisions of this Act, shall for every such Offence be liable to be articled in the High Court of Admiralty of England at the Suit of the Queen in Her Office of Admiralty, and upon Conviction thereof shall incur a Penalty not exceeding Five hundred Pounds, to be imposed by the Judge of the said Court, unless it shall appear that the Circumstances of the Case were such as to justify the said ransoming or Contract or Agreement for the same.

Prize.

Penalty on XLIV. Any Commander of any of Her Majesty's Ships or Commanders Vessels of War who shall agree with any Person whomransoming or collusively resoever for the ransoming of any Ship, Vessel, Goods, or storing Ships or Merchandise, or any Part thereof, after the same shall have Goods taken as been taken as Prize, and shall, in pursuance of such Agreement, or otherwise by Collusion, actually quit, set at liberty, restore, or discharge any such Ship, Vessel, Goods, or Merchandise, or any Part thereof, shall for every such Offence be liable to be articled in the High Court of Admiralty of England at the Suit of Her Majesty in Her Office of Admiralty,

and

and upon Conviction thereof shall forfeit and suffer such Penalty or Fine as the said Court shall adjudge, unless it shall appear to such Court that the Circumstances of the Case were such as to have justified the same.

XLV. If any Person belonging to any of Her Majesty's Penalties for Ships or Vessels of War shall break Bulk on board of any and Embezzlebreaking Bulk Prize, with a view to embezzle any Money, Jewels, Plate, ment. Goods, Merchandise, Tackle, Furniture, or Apparel of or belonging thereto, such Person shall be liable to be articled for every such Offence before the High Court of Admiralty of England at the Suit of Her Majesty in Her Office of Admiralty, and upon Conviction thereof shall forfeit to Her Majesty his whole Share in such Prize, as also Treble the Value of all such Money, Jewels, Plate, Goods, Merchandise, Tackle, Furniture, or Apparel, unless it shall appear to the Court that the Circumstances of the Case were such as to have rendered the Appropriation thereof necessary.

Instructions

XLVI. The Court of Admiralty may, upon due Proof of Penalty for the Breach of any of Her Majesty's Instructions relating to Breach of Prizes, or of any Offence against the Law of Nations, com- relating to mitted by the Captor in relation to any Ship, Vessel, Goods, Prizes or or Merchandise captured as Prize, or to the Persons taken on Offences board the same, condemn such Prize to Her Majesty's Use and of Disposal.

against the

Law

Nations.

as Offences

Fleet.

Offenders to

Court-martial

XLVII. Any Offence committed by any of the Officers Offences comand Crew serving on board of or belonging to any hired armed mitted on board Ship or Vessel in Her Majesty's Service shall be tried and armed Ships punished in such Manner as the like Offences are tried and Majesty's Serpunished when committed by any Persons serving on board of vice to be tried or belonging to Her Majesty's Fleet; and all such Offenders and punished who are to be tried by a Court-martial shall be placed committed in under all necessary Restraint on board the Ship or Vessel Her Majesty's in which such Offence shall be committed until they can be so tried by a Court-martial; and upon Application made be confined, &c. to the Lords of the Admiralty, or to the Commander-inChief, or Senior Officer of Her Majesty's Ships or Vessels to be called. of War abroad, authorized to assemble and hold Courtsmartial, the said Lords of the Admiralty, or such Commander-in-Chief or Senior Officer respectively, may and are hereby required to assemble and hold a Court-martial for the Trial and Punishment of such Offenders; and the Officer commanding every such hired armed Ship or Vessel shall have the same Power in respect of the other Officers and Crew on board the same as Officers commanding Her Majesty's Ships or Vessels of War have over the Officers and Crews of such Ships and Vessels; and the Naval Commander-in-Chief and senior Naval Officers in Her Majesty's Service shall have and exercise the same Powers over the Officers and Crews of such hired armed Ships and Vessels as they have or may exercise over the Officers and Crews belonging to Her Majesty's Ships and Vessels of War.

XLVIII. It

Her Majesty may grant Salaof Vice Admiralty Courts to act as Judges in

ries to Judges

Prize Causes.

Her Majesty

may allow such

17 VICT. XLVIII. It shall be lawful for Her Majesty, by Order in Council, to assign to the Judge of any Court which may be duly commissioned to take cognizance of Matters of Prize, such Salary not exceeding Five hundred Pounds as to Her Majesty may seem meet, and such Salaries shall be paid out of Monies to be voted by Parliament for that Purpose, at such Times and in such Manner and subject to such Regulations, as Her Majesty by Her said Order in Council may be pleased to direct; provided that no such Judge shall be entitled to any further Emolument arising from Fees or otherwise, in respect any Prize Business transacted in such Court, but an Account of such Fees shall be kept by the Registrar of such Court, and be at the Disposal of the Commissioners of the Treasury.

XLIX. Her Majesty may give and grant to any Judge of Judges a retir- any Vice-Admiralty Court in Matters of Prize an Annuity or Pension for the Term of his natural Life, in accordance with the Regulations and Provisions of the Fourth and Fifth William the Fourth, Chapter Twenty-four.

ing Pension.

No Registrar or
other Officer
of any Court of
Admiralty to
act as Advocate

or Proctor.

Proctors to be

concerned only for One Party

in a Cause.

Power for the

Rules of Court.

L. No Registrar, Deputy or Assistant Registrar, nor any Marshal or Deputy Marshal of or belonging to any Court of Admiralty, or the Court of Appeal therefrom, shall either directly or indirectly act or be in any Manner concerned, either as Advocate, Proctor, or Agent, in any Cause, Matter, or Business whatsoever depending in the Court of which he shall then be the Registrar, Deputy or Assistant Registrar, Marshal or Deputy Marshal respectively; and every Registrar, Deputy or Assistant Registrar, Marshal or Deputy Marshal, who shall be proved to the Satisfaction of such Court, after having been heard in his Defence, to have been guilty of such Offence, shall be dismissed from such Office or Employment.

LI. No Proctor or other Person practising as a Proctor in the Court of Admiralty or in the Court of Appeal therefrom, being employed by One of the Parties in the Cause, shall be concerned, by himself or his Partner, or by any other Person, directly or indirectly, by or on behalf of the adverse Party in such Cause; and every such Proctor or other Person so offending shall, upon Conviction, forfeit to Her Majesty the Sum of Five hundred Pounds, and be thenceforth disqualified and rendered incapable of practising as a Proctor or otherwise in any Court of Admiralty, or before the Judicial Committee of the Privy Council.

LII. It shall be lawful for the Judge of the Court of Judge to make Admiralty from Time to Time to make and submit to Her Majesty in Council such Rules, Orders, and Regulations respecting the Practice and Mode of Proceeding of the said Court, and the Conduct and Duties of the Officers and Practitioners therein in all Matters relating to Prize, as to him shall seem fit, and such Rules, Orders, and Regulations, if approved by Her Majesty in Council, shall take effect and shall remain in force until the same are altered or repealed in like Manner.

LIII. Her

in Vice-Admi

LIII. Her Majesty may by Order in Council authorize Table of Fees Tables of Fees to be prepared for the several Courts of to be hung up Admiralty throughout Her Dominions, and for the Practitioners ralty Courts. therein, and One of such Tables shall be suspended in some conspicuous Place of the Court for which the same has been prepared, and no Judge or Surrogate, Registrar or Deputy Registrar, Marshal or Deputy Marshal, or any other Officer whatever belonging to any such Court, or any Practitioner in any such Court, shall, either directly or indirectly, receive or take, or be allowed for the Subject to which the Fee relates, any Fee beyond those specified in the said Table: Provided always, that Her Majesty may by Her Order in Council from Time to Time vary, alter, or repeal such Tables of Fees as to Her Majesty shall seem meet.

LIV. Any Person who shall wilfully and corruptly swear, Punishment of declare, or affirm falsely in any Action, Suit other Proceeding Persons guilty under the Provisions of this Act, or in respect to any Matter of Perjury. required to be verified on Oath by this Act, or shall suborn any other Person so to do, shall be deemed guilty of Perjury or of Subornation of Perjury, as the Case may be, and shall be liable to be prosecuted and punished accordingly.

LV. All Penalties and Forfeitures imposed by this Act, wherever the same shall arise and become forfeited, may be recovered in like Manner as any Debt due to Her Majesty in any of Her Majesty's Superior Courts of Record at Westminster, or by Monition and Attachment in the High Court of Admiralty of England, unless in Cases where any other Mode is by this Act particularly directed; and all such Penalties and Forfeitures which shall arise or become forfeited in any Part of Her Majesty's Dominions abroad may be recovered in any Court of Record of Her Majesty in the Colony, Territory, or Place where the same shall arise or have become forfeited, or in any of Her Majesty's Vice-Admiralty Courts having Jurisdiction there.

Recovery of

Penalties and

Forfeitures.

LVI. No Action shall be brought against any Person or Limitation of Persons whomsoever for any Matter or Thing whatever done or Actions. committed under or by virtue or in the Execution of this Act unless such Action shall be brought within Two Years next after the doing or committing of such Matter or Thing, nor, unless Notice of Action shall have been given, One Calendar Month at least before the Commencement of the same, which Notice shall specify the Cause of the said Action; and if the Plaintiff or Plaintiffs shall be nonsuited, or suffer Discontinuance, or forbear further Prosecution, or if Judgment shall be given for the Defendant or Defendants, such Defendant or Defendants shall recover his Costs to be taxed as between Attorney and Client.

LVII. This Act shall continue in force during the present Continuance of War, and no longer, save and except as to all such Matters Act.

and Things as shall then be depending in Judgment in the Courtof Admiralty, or before the Judicial Committee of the

[No. 12. Price 2d.]

M

Privy

Not to extend to Seizures made by Offi cers of Cus

toms or Excise.

Short Title of
Act.

Privy Council, or in any Court of Record within Her Majesty's Dominions, at the Time when the present War shall cease, and also save and except as to the carrying out and finally disposing of all such other Matters or Things as shall arise out of the present War in reference to the Provisions of this Act; and also save and except as to all Offences which may have been committed against, and all Penalties and Forfeitures which may have been incurred under the Provisions of this Act, in respect whereof Proceedings shall and may be taken as if this Act still continued in force.

LVIII. Nothing in this Act shall extend or be deemed or construed to extend to any Seizure of Ships, Vessels, Goods, or Merchandise made by any Officer of Customs or Excise for any Breach of the Laws or Regulations relating to the Customs or to Trade or Navigation.

CAP. XIX.

An Act for facilitating the Payment of Her Majesty's
Navy, and the Payment and Distribution of Prize,
Bounty, Salvage, and other Monies to and amongst
the Officers and Crews of Her Majesty's Ships and
Vessels of War; and for the better Regulation of the
Accounts relating thereto.
[2d June 1854.]

WHE

HEREAS it is desirable to facilitate the Payment of the Officers and Crews on board Her Majesty's Ships and Vessels of War, as also to provide further and more 'effectual Means for the Payment and Distribution of any Prize, Bounty, Salvage, or other Monies which may be payable and distributable to and amongst the Officers and Crews ' of Her Majesty's Ships and Vessels of War: And whereas, by Her Proclamation bearing Date the Twenty-ninth Day of December One thousand eight hundred and fifty-three, Her Majesty was pleased to direct the Mode in which the Distribution of any such Prize, Bounty, Salvage, or other • Monies should be made; and by Her further Proclamation, bearing Date the Twenty-ninth Day of March One thousand eight hundred and fifty-four, Her Majesty was graciously pleased to order and direct that the net Proceeds of all Captures which should be made during the present War with Russia by any of her Ships or Vessels of War should be for the entire Benefit of the Officers and Crews of such Ships, and Vessels of War as might have effected such Capture, after the same should have been finally adjudged to Her Majesty as lawful Prize:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

6

I. This Act may for all Purposes be cited as "The Naval Pay and Prize Act, 1854."

II. This