VIII. And be it enacted, That every Person who shall wilfully Punishing Perand corruptly give false Evidence in any Examination or Depo- sons giving false Evidence. sition had or Affidavit taken 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 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 Offence was committed or in any Colony or Settlement of Her Majesty near thereto in which there is a Court of competent Jurisdiction to try any such Offence, or in Her Majesty's Court of Queen's Bench in England; and that in case of any Prosecution for such Offence in Her Majesty's said Court of Queen's Bench the Venue may be laid in the County of Middlesex. IX. And be it enacted, That the Pendency of any Suit or Pro- Pendency of ceedings instituted before the said Judges or Arbitrators for the Suits before the Condemnation or Restitution of any Ship or Cargo, or Slaves, Bar to any ProJudges to be a taken, seized, or detained by virtue of the said Treaty, or the ceedings instifinal Adjudication, Condemnation, or Judgment or Determination tuted for the thereupon, may be pleaded in bar, or given in Evidence under Recovery of the General Issue, and shall be deemed in any Court whatever to the Vessels be a complete Bar in any Action, Suit, or Proceeding, whether 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 any thing done in pur. suance of the Provisions of the said Treaty.

detained.

Trade.

X. And be it declared and enacted, That if any of the Particu- Vessels equiplars specified in the Ninth Article of the said Treaty shall be found ped for Traffic in the Outfit and Equipment of or on board any such Merchant in Slaves to be deemed engaged Vessel wholly or in part owned by Subjects of Her Majesty, and in the Slave visited and detained in pursuance of the said Treaty, such Vessel, unless Proof be given to the contrary, shall be taken to have been 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 5 G. 4. c. 113. to the Abolition of the Slave Trade.

XI. And be it enacted, That any Ship or Vessel which shall be Vessels concondemned under any such Authority as aforesaid may be taken demned to be into Her Majesty's Service upon Payment of such Sum as the Lord sold for Her Majesty's SerHigh Admiral or the Lords Commissioners of the Admiralty shall vice or broken deem a proper Price for the same, or if not so taken shall be up. broken up and demolished, and the Materials thereof shall be publicly sold in separate Parts, together with the Goods, Wares, and Merchandize laden therein, for the Profit of the Two Governments of Great Britain and Chile, and the Proceeds thereof shall be paid to such Person or Persons as the Commissioners of Her Majesty's Treasury may appoint to receive the same.

XII. And be it enacted, That where any Ship or Vessel employed or engaged in illicit Traffic in Slaves, in violation of the said Treaty, shall be seized by any Ship or Vessel belonging to Her Majesty, duly authorized to make such Seizure under the Pro

visions

Captors of Vessels shall, after the same are entitled to the

condemned, be

visions of the said Treaty or Articles, and shall be afterwards conlonging to Her demned by any of the Commissioners appointed in virtue of the Majesty.

Proceeds be

Bounty for
Slaves captured.

Bounty on Tonnage of Slave

Ships captured

and demolished.

Where no Slaves

are on board a

Ship seized, an

additional Bounty to be paid.

Bounties to be paid out of Consolidated Fund.

Treaty or Articles aforesaid, there shall be paid to the Captors the Portion to which Her Majesty is entitled, such Portion to be distributed in the Manner herein-after directed for the Distribution of Bounties on Slaves taken on board the said Vessels.

XIII. And be it enacted, That there shall be paid to the Commanders, Officers, and Crew of Her Majesty's Ships authorized to make Seizures under the said Treaty a Bounty of Five Pounds for every Man, Woman, and Child Slave seized and found on board a British or Chilian Ship or Vessel taken and condemned in pursuance of the Provisions of the said Treaty and of this Act, such Bounty to be distributed to and amongst the Captors aforesaid, in such Manner and Proportions as Her Majesty shall think fit to order by any Order in Council, or by any Proclamation to be made for that Purpose.

XIV. And be it enacted, That where any Ship or Vessel which shall have been seized and condemned under the Provisions of the said Treaty shall have been or shall be demolished, and the Materials thereof publicly sold in separate Parts, as well as her Cargo, there shall be paid to the Commanders, Officers, and Crews of Her Majesty's Ships authorized to make and making such Seizures, and in addition to the Amount which may be payable in respect of Her Majesty's Portion of the Proceeds of such Sale as herein-before mentioned, a further Bounty on the Tonnage of such Ship or Vessel at the Rate of Thirty Shillings for every Ton of such Tonnage.

XV. And be it enacted, That where any Ship or Vessel having no Slaves on board shall have been seized and condemned under

the Provisions of the said Treaty there shall be paid to the Commanders, Officers, and Crews of Her Majesty's Ships authorized to make and making such Seizure an additional Bounty upon the Tonnage of such Ship or Vessel at the Rate of Four Pounds for every Ton; and the Tonnage of all such Vessels shall be ascertained according to the Mode of ascertaining the Admeasurement of British Vessels, either by the principal Officer of the Customs at the Port where the Vessel may be at the Time of Condemnation, or in default thereof by the best Evidence which can be obtained, to be certified by the Commissioners by whom such Condemnation shall be pronounced: Provided always, that in every Case in which any Ship or Vessel shall be seized with Slaves on board, in which the Bounty calculated upon the Number of Slaves shall be less than the Bounty calculated upon the Tonnage, the Commanders of Her Majesty's Ships making the Seizure may elect to take the Bounty calculated according to Tonnage, instead of the Bounty which would be payable upon the Number of Slaves on board.

XVI. And be it enacted, That all Bounties payable under this Act shall be payable out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland to the Commanders, Officers, and Crews of Her Majesty's Ships authorized to make such Seizures under the Provisions of any such Treaties or Conventions, and such Bounties shall be issued and paid by Order from the Commissioners of Her Majesty's Treasury.

XVII. And

XVII. And be it enacted, That the said Bounty, as also all Bounties not Bounties payable under any of the Acts for the Abolition or Sup- liable to Paypression of the Slave Trade, shall not hereafter be charged with ment of Fees. Treasury Fees or Exchequer Fees of any Description.

XVIII. Provided always, and be it enacted, That in order to Proof of Tonentitle the Captors to receive the said Bounty Money the Tonnage nage. of the Ship or Vessel so seized and condemned shall be proved to the Commissioners of Her Majesty's Treasury, by producing a Copy, duly certified, of the Sentence or Decree of Condemnation, or by such documentary or other Evidence as they may deem satisfactory.

XIX. Provided always, and be it enacted, That in order to Copy of Senentitle the Captors to receive the said Bounty Money the Num- tence of Conber of Men, Women, and Children so taken, delivered over, and demnation to be produced to condemned shall be proved to the Commissioners of Her Majesty's Commissioners Treasury, by producing a Copy, duly certified, of the Sentence or of Treasury. 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.

certain Cases.

XX. And be it enacted, That where any Slaves, or Persons One Moiety of treated as Slaves, shall be seized on board any British or Chilian the Bounty only Ship or Vessel, taken and condemned in pursuance of the Provi- to be paid in sions of the said Treaty and of this Act, but who shall not have been delivered over, in consequence of Death, Sickness, or other inevitable Circumstance, it shall be lawful for the said Commissioners of Her 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 of One Moiety of the Bounty which would have been due in each Case respectively if the said Slaves had been delivered over.

resort to the

XXI. Provided also, and be it enacted, That any Party or Parties claiming Parties claiming any Benefit by way of Bounty under the Provi- Benefit under sions of this Act, or of any Share of the Proceeds of any British this Act may or Chilian Vessel confiscated in pursuance of the Provisions of the Court of Adaforesaid Treaty, may resort to the High Court of Admiralty for miralty. the Purpose of obtaining the Judgment of the said Court in that Behalf; and that it shall 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 made in pursuance of this Act.

XXII. And be it enacted, That all the Provisions, Rules, Regu- Regulations lations, Forfeitures, and Penalties respecting the Delivery by Prize and Penalties Agents of Accounts for Examination, and the Distribution of respecting Prize Prize Money, and the accounting for and paying over the Proceeds Agents Accounts extended of Prize, and the Per-centage due thereon, to Greenwich Hospital, to Bounties and shall be extended to all Bounties and Proceeds to be distributed, Proceeds under under the Provisions of this Act, to the Officers and Crews of any this Act. of Her Majesty's Ships and Vessels of War.

XXIII. And be it enacted, That where any Ship or Vessel Commissioners belonging in whole or in part to Subjects of the Republic of of the Treasury Chile shall have been detained and brought to Adjudication by may order Payany Officers of Her Majesty the Queen of Great Britain and Ire- awarded for land, and the said Ship shall be restored by Sentence of the Court, Vessels of Her as is mentioned in the Fifth Article of the Annex (B.) to the Majesty de

ment of Costs

tained but not condemned.

Commissioners

of the Treasury

may repay to the Seizor of any Vessel not con

demned the Expences incurred by him.

No Compensation to be

said Treaty, it shall be lawful for the Commissioners of Her Majesty's Treasury, by Warrant signed by any Three or more of them, to direct Payment to be made out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland of any Costs or Damages which may be duly awarded according to the Provi sions of the said last-mentioned Article: Provided always, that nothing herein contained shall exempt such Officer from his Liability to make good the Payments so made when lawfully called upon by Order of the said Commissioners of Her Majesty's Treasury.

XXIV. And be it enacted, That when any Seizure shall be made by any of the Commanders, Officers, and Crews of Her Majesty's Ships authorized to make such Seizures under the aforesaid Treaty, and Judgment shall be given against the Seizor, or when such Seizure shall be relinquished by him, it shall be lawful for the said Commissioners of Her Majesty's Treasury, if to their Discre tion it shall seem meet, by Warrant signed by any Three or more of them, to direct Payment to be made out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland of such Costs and Expences as the Seizor may have incurred in respect of such Seizure, or any proportional Part thereof.

XXV. Provided always, and be it enacted, That if any of the Things specified in the Ninth Article of the said Treaty shall be made when any found on board any Vessel which shall be detained and brought

Articles spe

cified in the Ninth Article of the Treaty

are found on board.

before either of the said Mixed Courts, neither the Master nor the Owner, nor any Person whatsoever interested in the Equipment or Cargo of the Vessel, shall recover any Compensation or Damages for such Detention, although the said Mixed Courts should not pronounce any Sentence of Condemnation; but that in such Case it shall and may be lawful for the said Mixed Court, if they shall think fit, to pay out of the Prize Fund under the Control of the said Court such Sum of Money as, according to the Circumstances of the Case, they may judge reasonable, in proportion to the Demurrage suffered.

the Traffic in Slaves.

WH

CA P. LIII.

An Act for carrying into effect the Treaty between Her Majesty and the Queen of Portugal for the Suppression of [10th August 1843.] HEREAS on the Third Day of July in the Year of our Lord One thousand eight hundred and forty-two a Treaty was concluded and signed at Lisbon, between Her Majesty the "Queen of the United Kingdom of Great Britain and Ireland and the Queen of Portugal, for the Suppression of the Traffic in Slaves, whereby it was agreed as follows:

ARTICLE I.-The Two High Contracting Parties mutually declare to each other that the infamous and piratical Prac tice of transporting the Natives of Africa by Sea, for the Purpose of consigning them to Slavery, is and shall for ever continue to be a strictly prohibited and highly penal Crime in every Part of their respective Dominions, and for all the 'Subjects of their respective Crowns.

ARTICLE II.-The Two High Contracting Parties mutually consent, that those Ships of their Royal Navies respec

tively which shall be provided with special Instructions, as ⚫ herein-after mentioned, may visit and search such Vessels of the Two Nations as may upon reasonable Grounds be sus'pected of being engaged in transporting Negroes for the Purpose of consigning them to Slavery, or of having been fitted out for that Purpose, or of having been so employed during the Voyage in which they are met by the said 'Cruisers; and the said High Contracting Parties also con⚫ sent that such Cruisers may detain and send or carry away such Vessels, in order that they may be brought to Trial in the Manner herein-after agreed upon; and in order to fix the reciprocal Right of Search in such a Manner as shall be adapted to the Attainment of the Objects of this Treaty, and ⚫ shall at the same Time prevent Doubts, Disputes, and Complaints, it is agreed that the said Right of Search shall be exercised in the Manner and according to the Rules follow'ing:

First,-It shall never be exercised except by Vessels of War authorized expressly for that Purpose according to the Stipulations of this Treaty.

Second,-In no Case shall the Right of Search be ' exercised with respect to a Vessel of the Royal Navy of < either of the Two Powers.

Third,—Whenever a Vessel is searched by a Ship of War the Commander of such Ship of War shall, immediately upon coming on board the Vessel which is to be so searched, and before he begins the Search, exhibit to the Commander of the Vessel which is to be searched the 'Document by which he is duly authorized to make the Search, and he shall deliver to the said Commander of the Vessel which is to be searched a Certificate, signed by himself, stating his Rank in the Naval Service of his Country, and the Name of the Ship of War which he 'cominands, and this Certificate shall also declare that the only Object of the Search is to ascertain whether the Vessel to be searched is employed in transporting Negroes or ' others in order to consign them to Slavery, or is fitted up for such Purpose; when the Search is made by an Officer " of the Cruiser who is not the Commander thereof, such Officer shall proceed strictly in the same Manner as if he 'were the Commander, after having exhibited to the Cap'tain of the Vessel to be searched a Copy of the above' mentioned Document, signed by the Commander of the Cruiser; and he shall in like Manner deliver a Certificate, signed by himself, stating his Rank in the Royal Navy, the Name of the Commander by whose Orders he pro'ceeds to make the Search, that of the Cruiser in which he sails, and the Object of the Search as has been already laid down; if it appear from the Search that the Papers of the Vessel are in regular Order, and that the Vessel is employed for lawful Purposes, the Officer shall enter in the Log Book of the Vessel that the Search has been made in pursuance of the aforesaid special Orders, and the Vessel * shall be left at liberty to pursue her Voyage.

6 Fourth,