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Not to extend to seizures made by offi. cers of cus

toms or excise.

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.

(E.)

7 VICT. CAP. 19.

An Act for facilitating the payment of her Majesty's Navy,
and the payment and distribution of Prize, Bounty, Sal-
vage, 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.
[2nd June 1854.]

WHEREAS 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 as-
sembled, and by the authority of the same, as follows:
be cited as,

for all may

I. This act
Pay and Prize Act, 1854."

purposes

"The Naval Short title of

act.

II. This act shall come into operation on the first day of CommenceJune 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 hereinafter assigned to of certain them (if not inconsistent with the context or subject mat- act. ter); that is to say,

terms in this

"Her Majesty" shall include her Majesty, her heirs and "Her Ma

successors:

jesty:" "Lords of the Admiralty" shall include the lord high "Lords of admiral and also the commissioners for executing the Admithe office of lord high admiral of the united king- ralty:" dom of Great Britain and Ireland for the time being:

"Court of Admiralty" shall include the high court of ad- "Court of miralty of England, and any admiralty, vice-admiralty, Admiralty:" 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 "Vice Admiother than the high court of admiralty of England:

ralty Courts:"

"Judge" shall include any judge, deputy judge, surro-"Judge:" gate, or other person duly appointed to act as the judge in any court of admiralty:

<6

Ship and vessel" shall include all and all manner of “Ship and ships, vessels, and boats:

vessel :"

Her Majesty's ships and vessels of war" shall include all " Her Majesships and vessels belonging to her Majesty, as also ty's ships and any hired armed ships or vessels in her Majesty's

vessels of

war:"

service: "Officers and crew" shall include all other officers, engi- « Officers and neers, seamen, marines, soldiers, and others on board crew:" 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 accountant. commissariat, customs, or any other department, who

may have been, or may be, hereafter appointed by
the lords of the treasury or admiralty.

IV. Whenever any ship, vessel, goods, or merchandise Proceeds of

any prize to

be paid to the naval prize

account.

Bounties and salvage to be paid to the naval prize

account.

As to the

distribution of proceeds, bounty, salvage, &c.

has been condemned in any court of admiralty, or other Court having competent jurisdiction, whether as prize of war, or in 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 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 Mjesty'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.

the court of

VII. The lords of the admiralty, or any party claiming Parties claimany interest in the proceeds of any prize, or in any bounty, ing benefit salvage, or other monies payable and distributable under under this act the provisions of this act, may, prior to the distribution may resort to thereof, resort to the high court of admiralty of England admiralty. 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 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 admi- admiralty of ralty, or any persons interested in the proceeds of any prize, England may compel proor in any bounty, salvage, or other monies, and on an duction of affidavit that the proceeds of any prize or of any bounty, proceeds, &c. salvage 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.

IX. Any captor, or other person who shall acquire or Penalty of one retain the proceeds of any prize, bounty, salvage, or other pound per monies contrary to the provisions of this act, except for cent. per reasonable cause to be allowed by the court of admiralty, retaining pro.

month on

ceeds contrary to this act.

Power to allow in paymaster general's

accounts certain sums without the

vouchers in

detail.

shall pay interest thereon at the rate of one pound per centum per 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.

X. Whereas her Majesty's paymaster general is required to make up, and transmit to the commissioners for auditing the public accounts, accounts of the receipts and expenditure within his department: And whereas numerous payments are made by her Majesty's paymaster general by way of production of imprest and upon account, under the authority of orders drawn upon him by the heads of departments in favour of 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 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.

Power to allow in paymaster general's

accounts sums

paid on certi

ficate.

Power to allow in paymaster

general's

accounts sums

XI. Ånd 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 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

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