Count

Cauth

Court/ 以

Cont

Count f

Comb!

84

(5.) Decree in action for possession:

The judge having heard, &c., decreed that possession of the should be given to the Plaintiff, and condemned the Defendant [and his bail] in costs.

(6.) Decree of condemnation in a slave trade action : The judy having heard, de. [as above], pronounced that the vessel, name unknown [or as the case may be], seized by H.M.S. "Torch" on the

day of

18 had been at the time of her seizure engaged in or fitted out for the slave trade în contravention of the Treaties existing between Great Britain and

[or in violation of the Acts 5 Geo. IV. c. 113, and 36 & 37 Vict. c. 88., or as the cuse may be], and he con- demned the said vessel [together with the slaves, goods, and effects on board thereof] as forfeited to Her Majesty for condemned the said vessel and slaves as forfeited, &c., but ordered that the cargo should be restored to the claimant, or, as the case may be]. Thedge further ordered that the said slaves [or the slaves then surviving], consisting of

men, boys and

girls, should be delivered

· over to [state to whom, or how the slaves are to be disposed of],

and

If the vessel has been brought into port, add

Wolpen,

85

077"

payment by the said claimant of the costs incurred by the izors in this Action;

озн

nd awarded to the said claimant costs and damages in respect if the detention of the said vessel, and [referred the same to he registrar (assisted by merchants) to report the amount hereof, and directed that all accounts and vouchers with the orcofs in support thereof, if any, should be filed within days.

(8) Decree in case of capture from pirates:

2

The judge having heard, &c., pronounced that the said junk "Tecumseh [and her cargo had been at the time of the capture thereof by H.M.S. "Torch" the property of pirates, and condemned the same as a droit and perquisite of Her Majesty in Her office of Admiralty;

or

pronounced that the said junk "Tecumseh" [and her cargo] had prior to her re-capture by H.M.S. "Torch," &c. been captured by pirates from the claimant [state name and description of former owner], and he decreed that the same should be estored to the said claimant as the lawful owner thereof, on

219

to the Count/

The judge further ordered that the tonnage of the vessel should be ascertained by the rule in force for the admeasurement of British vessels, and that the vessel should be broken up, and that the materials thereof should be publicly sold in separate parts, together with her cargo [if any];

or

If the vessel has been abandoned or destroyed by the seizors prior to the adjudication, and the court is satisfied that the abun- donment or destruction was justifiable, add

The judge further declared that, after full consideration by the court of the circumstances of the case, the seizors bad satisfied the court that the abandonment [or destruction] of the vessel was inevitable or otherwise under the circumstances proper and justifiable.

(7) Decree of Restitution in a slave trade Action:

The judge having heard, &e, pronounced that it had not been proved that the vessel

was engaged in or fitted out

for the slave trade, and ordered that the said vessel should be restored to the claimant, together with the goods and effects on board thereof;

add, as the cuse may be,

hut without costs or damages,

thereof in lieu of salvage. The judge also directed that the said junk [and her cargo] should be appraised;

If the junk, &c, has been captured after an engagement with the pirates, and if there is a petition for bounty, add

The judge further declared that the persons attacked or en- gaged by H.M.S. "Torch," &c. on the occasion of the capture of the said junk were pirates, that the total number of pirates so attacked or engaged was about

that

of

that number were captured, and that the only vessel engaged was HMS Torch" [or, as the case may be].

(9.) Decree of condemnotion under Pacific Islanders Protection

Acts:

The judge, having heard, &c., pronounced that the ship

had been at the time of ber seizure or during the voyage on which she was met] employed [or fitted out for employment] in violation of the Pacific Islanders Protection Acts, 1872 and 1875, and he condemned the said ship

(and her cargo, and all

goods and effects found on board, or as the case may be,Ţ as forfeited to Her Majesty.

Courtf

Const

[and her

Courth

The judge further ordered that the said ship cargo, and the said goods and effects] should be sold by public anction, and that the proceeds should be paid into court,

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