Piracy Act, 1850

PIRACY ACT 1850

CHAPTER XXVI.

An Act to repeal an Act of the Sixth Year of King George the Fourth, for encouraging the Capture or Destruction of Piratical Ships and Vessels; and to make other Provisions in lieu thereof.[1] [25th June 1850.]

[Preamble.]

[S. 1 rep. 38 & 39 Vict. c. 66. (S.L.R.)]

Jurisdiction given to admiralty courts to inquire into cases of alleged piracy.

2. Whenever any of her Majesty’s ships or vessels of war, or hired armed vessels, or their boats, or any of the officers and crews thereof, shall attack or be engaged with any persons alleged to be pirates afloat or ashore, it shall be lawful for the High Court of Admiralty of England, and for all courts of vice admiralty in any dominions of her Majesty beyond the seas, . . . . to take cognizance of and to determine whether the persons or any of them so attacked or engaged were pirates, and to adjudge what was the total number of pirates so engaged or attacked, specifying the number of pirates captured, and what were the vessels and boats engaged.

List or return of all cases decided in vice admiralty courts to be sent to the Admiralty.

3. With a view to the assignment of fitting rewards for services performed by her Majesty’s forces against pirates the registrars of the several vice admiralty courts shall, on the first day of January and first day of July in every year, transmit to the Admiralty a list or return of all cases which shall have been adjudged in the said courts respectively under this Act during the six months preceding, together with the dates of the seizure, according to the schedule marked (A) to this Act annexed; and the judges or registrars of the said courts respectively shall, upon the first convenient opportunity after every such decision, transmit the whole of the original evidence, with a statement of the proceedings, to the Admiralty, for the purpose of the same being deposited in the High Court of Admiralty of England for reference when necessary; and all agents of officers and men receiving any rewards herein-before referred to shall be subject to the same laws, rules, and regulations to which agents receiving bounty for the abolition of the slave trade are or may be subject.

[S. 4 rep. 38 & 39 Vict. c. 66. (S.L.R.)]

Condemnation of ships, &c., taken from pirates.

5. All ships, vessels, boats, goods, merchandize, specie, or other property taken possession of from pirates by any of her Majesty’s ships or vessels of war, or hired armed vessels, . . . or their boats, or any of the officers and crews thereof, shall and may be proceeded against in any of the admiralty courts before mentioned, and be subject and liable to condemnation as droits and perquisites of her Majesty in her Office of Admiralty: Provided always, that if any part of the said property shall be duly proved to have belonged to and to have been taken from any of her Majesty’s subjects, or from the subjects of any foreign power, then such property and every part thereof shall, by the decree of the said court, be adjudged to be restored, and shall be accordingly restored, to the former owner or owners, proprietor or proprietors thereof respectively, he or they paying for or in lieu of salvage a sum of money equal to one eighth part of the true value, which money . . . shall be paid to and divided and distributed amongst the officers and crews thereof, in such manner, form, and proportion as other bounties are now distributable by virtue of her Majesty’s proclamation or order in council dated the thirtieth day of July one thousand eight hundred and forty-nine, or as her Majesty, shall from time to time by any further proclamation or order or orders in council think fit to declare and direct; . . .

Prejury.

6. Every person who shall wilfully and corruptly give false evidence in any examination or deposition had or affidavit taken in any proceeding under 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 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 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.

[S. 7 rep. 38 & 39 Vict. c. 66. (S.L.R.)]

Schedule (A.) referred to by this Act.

Sect. 3 .

Date of attack or destruction.

Property seized, if any.

Names of attacking ships.

Date of sentence.

Decretal part of sentence.

Whether any property has been condemned, and sold or converted, and whether any part remains unsold, and in whose hands the proceeds remain.

 

 

 

 

 

 

 

 

 

 

 

 

[1 Short title, “The Piracy Act, 1850.” See 55 & 56 Vict. c. 10.]