Supreme Court.
(5) Decree in action for possession:
The court having heard, etc. [as above], decreed that possession should be given to the plaintiff, and of the ship condemned the defendant [and his bail] in costs.
(6) Decree of condemnation in a slave trade action:
on the
19
The court having heard, etc. [as above] pronounced that the vessel, name unknown [or as the case may be], seized by H.M.S. "Torch" on the day of
had been, at the time of her seizure, engaged in or fitted out for the slave trade in contravention of the treaties existing between Great Britain and violation of the Acts 5 Geo. 4, c. 113 and 36 & 37 Vict. c. 88, or as [or in the case may be], and it condemned the said vessel [together with the goods and effects on board thereof] as forfeited to His Majesty [or condemned the said vessel as forfeited, etc., but ordered that the cargo should be restored to the claimant, or as the case may be].
The court further ordered that the slaves [or the slaves then surviving consisting of men, women, boys, and girls] should be delivered over to [state to whom or how the slaves are to be disposed of].
If the vessel has been brought into port, add-
The court 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 abandonment or destruction was justifiable, add-
The court further declared that, after full consideration by the court of the circumstances of the case, the seizors had satisfied the court that the abandonment [or destruction] of the vessel was inevitable or otherwise in the circumstances proper and justifiable.
(7) Decree of restitution in a slave trade action:
The court having heard, etc. [as above] 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 case may be,
but without costs or damages,
or
on payment by the said claimant of the costs incurred by the seizors in this action;
or
and awarded to the said claimant costs and damages in respect of detention of the said vessel, and [referred the same to the Registrar (assisted by merchants) to report the amount thereof, and] directed that all accounts and vouchers, with the proofs in support thereof, if any, should be filed within days.
335
[CAP. 4
Supreme Court.
(5) Decree in action for possession:
The court having heard, etc. [as above], decreed that possession should be given to the plaintiff, and
of the ship condemned the defendant [and his bail] in costs.
(6) Decree of condemnation in a slave trade action:
on the
19
The court having heard, etc. [as above] pronounced that the vessel, name unknown [or as the case may be], seized by H.M.S. "Torch"
day of
had been, at the time of her seizure, engaged in or fitted out for the slave trade in contravention of the treaties existing between Great Britain and violation of the Acts 5 Geo. 4, c. 113 and 36 & 37 Vict. c. 88, or as [or in the case may be], and it condemned the said vessel [together with the goods and effects on board thereof] as forfeited to His Majesty [or condemned the said vessel as forfeited, etc., but ordered that the cargo should be restored to the claimant, or as the case may be].
The court further ordered that the slaves [or the slaves then surviving consisting of
men,
women,
boys, and
girls should be delivered over to [state to whom or how
the slaves are to be disposed of].
If the vessel has been brought into port, add-
The court 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 abandonment or destruction was justifiable, add-
The court further declared that, after full consideration by the court of the circumstances of the case, the seizors had satisfied' the court that the abandonment [or destruction] of the vessel was inevit- able or otherwise in the circumstances proper and justifiable.
(7) Decree of restitution in a slave trade action:
The court having heard, etc. [as above] 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 case may be,
but without costs or damages,
or
on payment by the said claimant of the costs incurred by the seizors in this action;
or
and awarded to the said claimant costs and damages in respect of detention of the said vessel, and [referred the same to the Registrar (assisted by merchants) to report the amount thereof, and] directed that all accounts and vouchers, with the proofs in support thereof, if any, should be filed within
days.
335
[CAP. 4
No comments yet.
Private notes are available after approval.