said Regulations; and whereas it is by the 9th Article of the said Regulations agreed by His Majesty and His Majesty the King of Sweden and Norway, that in the event of the death, sickness, absence on leave, or any other legal impeachment of one or more of the Judges or Arbiters composing the Mixed Courts mentioned in the 4th Article of the said Treaty, the remaining individuals shall proceed, without interruption, to the judgment of the Ships that may be brought before them, and to the execution of their Sentence; and whereas by the 9th Article it is agreed, that the said Treaty shall be ratified, and the Ratification thereof exchanged within 6 weeks from the day of signature, or sooner if possible, and the same has been done accordingly: and whereas it is expedient and necessary that effectual provision should be made for carrying into execution the provisions of the said Treaty : be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that it shall be lawful for any Officers commanding any Ship of War of His Majesty, duly authorized in that behalf, and provided with Instructions according to the provisions of the said Treaty, to visit and detain in any Seas, except in the Seas exempted in the 3d Article of the said Treaty, all Ships and Vessels belonging wholly or in part to any Subject or Subjects of His Majesty the King of Sweden and Norway, which shall be suspected, upon reasonable grounds, of being concerned in the traffick of Slaves contrary to the provisions of the said Treaty before recited, and to detain and bring to adjudication all Ships, Vessels, and Cargoes by the said Treaty made subject to detention and condemnation, according to the provisions of the said Treaty, and the Instructions and Regulations aforesaid. II. And be it further enacted, that all Ships and Vessels, belonging wholly or in part to any Subject or Subjects of His Majesty, which shall be suspected, upon reasonable grounds, of being concerned in the traffick of Slaves contrary to the provisions of the said Treaty, shall be and are hereby declared and made, according to the said Treaty, instructions, and regulations aforesaid, subject to the visitations of British or Swedish Vessels of War, duly authorised for that purpose according to the provisions of the said Treaty before recited; and that all Ships and Vessels belonging wholly or in part to any Subject or Subjects of His Majesty, which shall be found being concerned in the. traffick of Slaves, contrary to the provisions of the said Treaty, instructions, and regulations so recited as aforesaid, and all boats, apparel, furniture and stores belonging to such Ships or Vessels, and all Slaves and Cargoes therein, shall be and are hereby declared to be and made subject to the visit and detention of British and Swedish Vessels of War, duly authorised for that purpose according to the stipulations of the said Treaty, and to forfeiture according to the provisions of the said Treaty, and the Instructions and Regulations thereto annexed, and for that purpose shall be and are hereby made subject to the adjudication of, and to condemnation or other judgment by the Judges and Arbiters to be appointed according to the provisions of the said Treaty, and to the instructions and regulations annexed thereto, and recited as aforesaid. III. And be it further enacted, that it shall be lawful for His Majesty, by any Warrant under his Royal Sign Manual, countersigned by one of His Majesty's Principal Secretaries of State, to appoint such Judges and Arbiters as are in and by the said Treaty, and the Regulations thereto annexed, mentioned to be appointed by His Majesty, and from time to time to supply any vacancies which may arise in such offices, by appointing other persons thereto; and to grant to such Judges and Arbiters as aforesaid salaries, not exceeding such annual sums as His Majesty shall from time to time direct; and such Judges and Arbiters are hereby authorised and empowered to examine and decide all such cases of detention, captures, and seizures of Vessels and their Cargoes as aforesaid, detained, seized, taken, or captured under the said Treaty, Instructions, and Regulations, as are by the said Treaty, Instructions, and Regulations, and by this Act, made subject to their jurisdiction; and to proceed therein, and give such judgments, and make such orders therein, and to do all other acts, matters, and things appertaining thereto, agreeable to the provisions of the said Treaty, and the instructions, and regulations, annexed thereto, and recited as aforesaid, as fully and effectually to all intents and purposes as if special powers and authorities for that purpose were specifically and particularly inserted and given in relation thereto in this Act. IV. And be it further enacted, that it shall be lawful for His Majesty, by any Warrant under his Royal Sign Manual, countersigned by one of His Majesty's Principal Secretaries of State for the time being, to nominate and appoint a Secretary or Registrar to the Court which shall be established in His Majesty's Dominions, and from time to time to supply, by other appointments, any vacancy which may thereafter occur in such office, and to grant a salary to such Secretary or Registrar, not exceeding such annual Sum as His Majesty shall from time to time direct; and such Secretary or Registrar is hereby respectively authorized and empowered to do, perform, and execute all the duties of such office as set forth and described in the said Treaty, Instructions, and Regulations respectively herein-before recited as aforesaid, and to do, perform, and execute all such acts, matters, and things as may be necessary for the due discharge of the duties of his office, according to the provisions of the said Treaty and Instructions and Regulations as aforesaid. V. And be it further enacted, that it shall be lawful for the Governor or Lieutenant-Governor, or Principal Magistrate of the Colony or Settlement in which such Court shall sit, within the possession of His Britannick Majesty, to fill up every vacancy which shall arise in such Court, either of Judge, Arbiter, or any Officer thereof appointed by His Majesty as aforesaid, according to the Provisions contained in the before recited Regulations annexed to the said Treaty as aforesaid, ad interim, until such vacancy or vacancies shall be thereafter filled by some Person or Persons appointed by His Majesty for that purpose. VI. And be it further enacted, that every Judge and Arbiter appointed by His Majesty, or ad interim as aforesaid, shall, before he shall enter upon the execution of any of the duties of such his office, take an oath in the presence of the Principal Magistrate then residing and acting in the Colony, Settlement, or Place in which the Court shall be appointed to reside; which oath every Magistrate in any Colony, Settlement, or Place belonging to His Majesty, in which such Court shall be appointed, is hereby authorized to administer in the form following; (that is to say), "I, A. B. do solemnly swear, that I will, according to the best of my skill and knowledge, act in the execution of my office as faithfully, impartially, fairly, and without preference or favour, either for Claimants, or Captors, or any other person; and that I will, to the best of my judgment and power, act in pursuance of and according to the Stipulations, Regulations, and Instructions contained in the Treaty between His Majesty and His Majesty the King of Sweden and Norway, signed at Stockholm on the 6th day of November, in the Year of our Lord 1824. So help me God." And every Secretary or Registrar appointed by His Majesty, or ad interim, as aforesaid, under the provisions of the said Treaty, Instructions, and Regulations, and of this Act, shall, before he enters on the duties of his said office, take an oath before the British Commissary Judge as aforesaid, who is hereby empowered to administer the same, in the form following; (that is to say), "I, A. B. do solemnly swear, that I will, according to the best of my skill and knowledge, act in the execution of my office; and that I will conduct myself with due respect to the authority of the Judges and Arbiters of the Commission to which I am attached, and will act with fidelity in all the affairs which may belong to my charge, and without preference or favour, either for Claimants or Captors, or any other persons. So help me God." VII. And be it further enacted, that it shall be lawful for the said Judges, or either of them, or for any such Secretary or Registrar, and they are hereby respectively empowered, to administer oaths, to take the depositions of all Parties, Witnesses, and other Persons who may come or be brought before them to be examined, or for the purpose of deposing in the course of any proceeding before the said Judges, or before the said Judges and Arbiter, in the cases in which such Arbiter shall act with the said Judges under the said Treaty, Instructions, and Regulations, or this Act; and it shall also be lawful for the said Judges, or for the said Judges and Arbiter, in the cases aforesaid, to summon before them all persons whom they may deem it necessary or proper to examine in relation to any suit, proceeding, or matter or thing under their cognizance, and to send for and issue precepts for the producing of all such Papers as may relate to the matters in question before them, and to enforce all such summonses, orders, and precepts, by such and the like means, powers, and authorities, as any Court of Vice-Admiralty may do. VIII. And be it further enacted, that every person who shall wilfully and corruptly give false evidence in any examination or deposition, or affidavit had or taken upon or in any proceeding before the said Judges, or Judge and Arbiter, under the said Treaty, Instructions, and Regulations, or this Act, shall be deemed guilty of perjury, and being thereof convicted, shall be subject and liable to all the punishments, 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 in which the offence was committed, or in any Colony or Settlement of His Majesty near thereto, in which there is a Court of competent jurisdiction to try any such offence, or in His Majesty's Court of King's Bench in England; and that in case of any prosecution for such offence in His Majesty's said Court of King's Bench, the venue may be laid in the County of Middlesex. IX. And be it further enacted, that from and after the passing of this Act it shall not be lawful for any person to commence, prosecute, or proceed in any Claim, Action, or Suit whatever in the High Court of Admiralty, or in any other Court, or before any Judges or Persons whomsoever, other than the several Mixed Courts of Justice appointed under and by virtue of the said Treaty and this Act, for the condemnation or restitution of any Ship or Cargo or Slaves, or for any compensation or indemnification, or for any loss or damage, or for any injury sustained by such Ship, Cargo, or Slaves, or by any Persons on board any such Ship, in consequence of any capture, seizure, or detention under the authority or in pursuance of the provisions of the said Treaty, or of the Instructions and Regulations thereto annexed, or of this Act; and that the pendency of any claim, suit, or proceeding instituted or which may be instituted before any of the said Mixed Courts so to be appointed under the authority of the said Treaty and this Act, for the condemnation or restitution of any Ship or Cargo or Slaves taken, seized, or detained by virtue of the said Treaty, or of the Instructions and Regulations thereto annexed, or for any compensation or indemnification for any loss or damage in consequence of the taking, seizing, or detaining any such Ship, or the final adjudication, condem nation, judgment, or determination of any such Mixed Court, as the case shall require, may be pleaded in bar or given in evidence under the general issue; or in case no such claim, suit, or proceeding shall have been instituted before any such Mixed Court, then the said Treaty, Instructions, and Regulations, and this Act, may in like manner be pleaded in bar, or given in evidence under the general issue: and every such plea in bar, or evidence so given under the general issue, shall be deemed and adjudged to be a good and complete bar to any such claim, action, suit, or proceeding in the said High Court of Admiralty, or in any Court or Place other than such Mixed Courts; any thing in any Act or Acts, or Law or Laws, to the contrary in anywise notwithstanding. X. And be it further enacted, that nothing in this Act contained shall be deemed or construed in anywise to alter, suspend, affect, relax, or repeal any of the clauses, penalties, forfeitures, or punishments contained and enacted in any Act or Acts made for the suppression or prevention of the Slave Trade; but that all such Acts, and all clauses, regulations, penalties, forfeitures, and punishments therein respectively contained, shall remain in full force and virtue, anything in this Act contained to the contrary notwithstanding. XI. And be it further enacted, that if any action or suit shall be commenced, either in Great Britain or elsewhere, against any Person or Persons, for anything done in pursuance of the said Treaty, or the Instructions or Regulations thereto annexed, or of this Act, the Defendant or Defendants in such action or suit may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of the said Treaty, Instructions, or Regulations, or of this Act; and if it shall appear so to have been done, the Jury shall find for the Defendant or Defendants; and if the Plaintiff shall be nonsuited, or discontinue his Action after the Defendant or Defendants shall have appeared, or if judgment shall be given upon any verdict or demurrer against the Plaintiffs, the Defendant or Defendants shall recover treble costs, and have the like remedy for the same as Defendants have in other cases by Law. ORDINANCE of the King of Sweden, promulgating the WE, Charles John, King of Sweden, of Norway, of the Goths and Vandals, make known, that a Treaty for the suppression of the Slave Trade having been concluded, on the 6th of November of last year, between us and His Majesty the King of the United Kingdom of Great |