II. This Act shall come into operation on the First Day Commenceof June One thousand eight hundred and fifty-four. ment of Act. III. In the Construction of this Act the following Terms Interpretation shall have the respective Meanings herein-after assigned to Terms. them (if not inconsistent with the Context or Subject Matter); that is to say, ty:" "Her Majesty" shall include Her Majesty, Her Heirs, and "Her MajesSuccessors: "Lords of the Admiralty" shall include the Lord High "Lords of the Admiral and also the Commissioners for exccuting the Admiralty:" Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland for the Time being: "Court of Admiralty" shall include the High Court of "Court of AdAdmiralty of England, and any Admiralty, Vice-Admiralty, miralty:" or other Court within Her Majesty's Dominions, which shall be duly authorized to take Cognizance of and judicially to proceed in Matters of Prize: "Vice-Admiralty Courts" shall include all such Courts other "Vice-Admithan the High Court of Admiralty of England: ralty Courts:" Judge" shall include any Judge, Deputy Judge, Surro- 'Judge:" in any Court of Admiralty: Vessel:" "Ship and Vessel" shall include all and all Manner of "Ship and Ships, Vessels, and Boats: "Her Majesty's Ships and Vessels of War" shall include all "Her Majesty's Ships and Vessels belonging to Her Majesty, as also any sels of War:" Ships and Veshired armed Ships or Vessels in Her Majesty's Service: "Officers and Crew" shall include all Flag and other "Officers and Officers, Engineers, Seamen, Marines, Soldiers, and others Crew." on board any of Her Majesty's Ships or Vessels of War. "Government Accountant shall include any Officer in "Government charge of public Money, whether belonging to the Commis- Accountant." sariat, Customs, or any other Department, who may have been, or may be hereafter, appointed by the Lords of the Treasury or Admiralty. to the Naval IV. Whenever any Ship, Vessel, Goods or Merchandise has Proceeds of any been condemned in any Court of Admiralty, or other Court Prize to be paid having competent Jurisdiction, whether as Prize of War, or in Prize Account. pursuance of any Act of Parliament relating to the Revenues of Customs and to Trade and Navigation, or to the Abolition of the Slave Trade, or to the Capture and Destruction of Pirates and piratical Vessels, or on any other Grounds, and the Proceeds arising therefrom have thereby or by Her Majesty's Proclamations become payable and distributable to and amongst the Officers and Crews of any of Her Majesty's Ships and Vessels of War, the Judge of the Court of Admiralty or other Court by which the Decree or Interlocutory Sentence shall have been pronounced shall forthwith direct the said Ship, Vessel, Goods, or Merchandise to be appraised by competent Persons sworn to appraise the same, according to the best of their Skill and Knowledge, and shall direct the same to be sold Bounties and As to the Distribution of Proceeds, Bounty, Salvage, &c. Parties claim ing Benefit under this Act the Court of Admiralty. 17 VICT. by the Marshal or other Officer of such Court, or by Persons to be appointed by the Court for that Purpose; and the Proceeds arising therefrom, or if the said Ship, Vessel, Goods, or Merchandise shall have been released on Bail, then the appraised or agreed Value thereof shall be paid to the Account of Her Majesty's Paymaster General at the Bank of England on account of Naval Prize, or into the Hands of some Government Accountant within Her Majesty's Dominions. V. All Bounties, whether for the Capture or Destruction of Enemies or Enemies' Ships or Vessels in Time of War, or for Captures or Seizures made under the Provisions of the several Acts of Parliament passed relating to the Revenues of Customs and to Trade and Navigation, or to the Abolition of the Slave Trade, or for the Capture and Destruction of Pirates and piratical Vessels, and all Awards for Salvage or other Services, whether the same shall have been by the Decree of a competent Court or by Agreement, and which shall be payable and distributable to and amongst the Officers and Crews of any of Her Majesty's Ships and Vessels of War, shall be forthwith paid to the Account of Her Majesty's Paymaster General at the Bank of England on account of Naval Prize, or into the Hands of some Government Accountant within Her Majesty's Dominions, in order that the same may be transferred to the said Account. VI. Whenever the Proceeds of any Ship, Vessel, Goods, or Merchandise, or any Bounty, Salvage, or other Award as aforesaid, shall have been paid into the Account of Her Majesty's Paymaster General at the Bank of England on account of Naval Prize, or into the Hands of some Government Accountant within Her Majesty's Dominions, the High Court of Admiralty of England or the Court which may have condemned the said Prize, or awarded the said Bounty, Salvage, or other Monies, may direct the Payment thereout of all Costs, Charges, and Expenses which may be chargeable against the same, or which may have been incurred by the Captor, his Attorney, or Agent, after such Costs, Charges, and Expenses shall have been taxed or allowed by the Registrar of such Court or his Deputy; and the Balance of such Prize, Bounty, Salvage, and other Monies shall thereupon, and after the Time for appealing shall have expired, forthwith be distributed by the Lords of the Admiralty to and amongst the Persons entitled thereto, after the same shall have been notified in the London Gazette. VII. The Lords of the Admiralty, or any Party claiming any Interest in the Proceeds of any Prize, or in any Bounty, may resort to Salvage, or other Monies payable and distributable under the Provisions of this Act, may, prior to the Distribution thereof, resort to the High Court of Admiralty of England for the Purpose of obtaining the Judgment of the said Court in that Behalf, and the Judge of the said Court shall proceed to hear and determine the same, as also any Question of joint Capture which may arise thereon; and such Court shall have and exercise exercise full Power, Authority, and Jurisdiction throughout Her Majesty's Dominions, and may enforce any Decree or Sentence of any Vice-Admiralty Court; and all Vice-Admiralty Courts within Her Majesty's Dominions are hereby empowered, directed, and required to enforce upon all Persons within their respective Jurisdictions all Orders whatsoever of the High Court of Admiralty of England relating to any Matter arising under the Provisions of this Act. VIII. The Judge of the High Court of Admiralty of High Court of England may, on the Application of the Lords of the Admiralty, Admiralty of England may or any Persons interested in the Proceeds of any Prize, or in compel Producany Bounty, Salvage, or other Monies, and on an Affidavit tion of Prothat the Proceeds of any Prize, or of any Bounty, Salvage ceeds, &c. or other Monies payable and distributable under the Provisions of this Act, or any Papers or Books relating thereto, are in the Possession of any Person, compel by Process of the Court, and by Monition and Attachment, the Production thereof, and the paying and transferring of such Proceeds into the Naval Prize Account as aforesaid, and the answering to such Interrogatories touching the same as the Court may approve, and may make such Order in the Premises touching and concerning the same, and the Costs of such Proceedings, as to it shall seem meet. Cent. per IX. Any Captor, or other Person who shall acquire or retain Penalty of One the Proceeds of any Prize, Bounty, Salvage, or other Monies Pound per contrary to the Provisions of this Act, except for reason- Month on reable Cause to be allowed by the Court of Admiralty, shall pay taining ProInterest thereon at the Rate of One Pound per Centum per to this Act. Month for such Time as the same shall so be in his Custody or Possession, and such Interest shall be deemed to be Part of such Proceeds, and be paid and applied accordingly. ceeds contrary General's Sums without X. Whereas Her Majesty's Paymaster General is required Power to allow 'to make up, and transmit to the Commissioners for auditing in Paymaster the Public Accounts, Accounts of the Receipts and Expen- Accounts 'diture within his Department: And whereas numerous Pay- certain 'ments are made by Her Majesty's Paymaster General by way of Imprest and upon Account, under the Authority of Orders of Vouchers in drawn upon him by the Heads of Departments in favour of detail. • Accountants and other Persons, who subsequently account to 'such Department for the detailed Application of such ' respective Advances: And whereas numerous other Payments are made by Her Majesty's Paymaster General upon Orders in like Manner issued, the Vouchers for which are examined by the Department from which such Orders are 'severally issued, and many of which Vouchers are necessarily retained by such Department: And whereas it is expedient 'that the Commissioners for auditing the Public Accounts 'should be empowered to allow and pass Payments in the Accounts of Her Majesty's Paymaster General in manner hereafter provided:' Be it enacted, That the Commissioners for auditing the Public Accounts may allow and pass as final Payments M 3 Power to allow in Paymaster General's Accounts Sums cate. 17 VICT, Payments in the Accounts of Her Majesty's Paymaster General all such Sums paid and charged by him in his Accounts, on Production to them of the Warrants, Bills, Orders, or other usual Authorities in respect of which such Payments have been made, with the Acquittances or Endorsements of the Parties to whom such Orders are made payable, whether the same be stamped or not, without requiring the Production of any subordinate or other Voucher in support of any such Warrant, Bill, Order, or other Authority. XI. And whereas certain other Payments are made by Her Majesty's Paymaster General upon Orders signed by the Heads of Departments, and which are vouched by Persons paid on Certifi- present and witnessing the same, but no Receipts are given by the Parties to whom such Payments are respectively made :' Be it enacted, That the Commissioners for auditing the Public Accounts may allow and pass in the Accounts of Her Majesty's Paymaster General all such Payments vouched or certified by Persons present and witnessing such respective Payments, without requiring the receipts of the several Parties to be produced. XII. And whereas there are certain other Cases where it has not been found practicable to produce to the Commissioners for auditing the Public Accounts any Certificates from Persons paid under Cer-present and witnessing Payments, or the Receipts of the Parties to whom such Payments were respectively made, although such Certificates or Receipts have been produced to the Head of the Department: Now be it enacted, That the said Commissioners for auditing the Public Accounts may allow and pass in the Accounts of Her Majesty's Paymaster General all Payments not supported by such Certificates or Receipts, on the Production to them of Returns or Statements signed by the Head of the Department. Power to allow in Paymaster General's Account Sums tificates of Heads of Departments. Lords of the Admiralty may by Order in Council alter the Mode of paying the Navy, and distributing Prize Money, &c. XIII. The Lords of the Admiralty may from Time to Time make such Rules, Orders and Regulations as may to them appear expedient for facilitating the paying of the Navy, and for distributing the Proceeds of any Prize, or any Bounty, Salvage, or other Monics, as aforesaid, and for keeping the Accounts and Expenses in relation thereto, notwithstanding any Provisions to the contrary contained in the Act of the Eleventh George the Fourth, Chapter Twenty, and Fifty-fourth George the Third, Chapter Ninety-three, or in any other Act whatsoever; provided always, that such Rules, Orders, and Regulations are not inconsistent with the aforesaid Proclamations, or with any future Proclamation which Her Majesty may see fit to issue in that Behalf, and that the same shall not have any Force or Effect until they have been previously approved by Her Majesty in Council; and such Orders in Council shall be presented to Parliament within Fourteen Days after the Date thereof, or if Parliament be not then sitting, within Fourteen Days next after the meeting of Parliament; and an Account showing all the Receipts and Expenditure on account of Naval Prize to the Thirty-first Day of March in each Year, signed by the Accountant General of Her Majesty's Navy, shall be extend to XIV. Provided, that nothing in this Act contained shall Act not to extend or be construed to extend to any Seizure of Ships, Seizures made Vessels, Goods, or Merchandise made by any Officer or Officers by Officers of of Customs, or of Inland Revenue or Excise, for any Breach Customs, &c. of the Laws or Regulations relating to the Customs, Inland Revenue, or Excise, or to Trade and Navigation. CAP XX. An Act to repeal an Act of the Fifty-third Year of M 4 |