If no claim be given for the property, the Commissary Judges are, upon the return of the Monition, to proceed to Sentence upon the evidence before mentioned, and in case of their not agreeing in opinion on the Sentence to be pronounced, they are to draw by lot the name of one of the two Commissioners of Arbitration, who, after having considered the Documents and proceedings, is to consult with the two Commissary Judges, and the final Sentence is to be pronounced conformably to the opinion of the majority of the above-mentioned Commissary Judges, and of the above-mentioned Commissioner of Arbitration.

The form of the Sentence will follow hereafter, but it may not be improper here to observe, that in cases where there is no Claimant before the Court, the following words should precede every interlocutory decree or act in the proceedings:

"In pain of Parties cited thrice called and not appearing, A. B. [the Person acting for the Captors] prayed, &c. &c."

(12.)-Form of a Claim.

Ship Escravo, Pereiro de Mattos, Master, May, 1819.

The Claim of the said Pereiro de Mattos, the Master of the said Ship, a Subject of His Most Faithful Majesty the King of Portugal, for the said Ship, her tackle, apparel, and furniture, goods, wares, and merchandize, and Africans, or so many

thereof as were on board the said Ship at the time of the Capture thereof, by His Majesty's Ship Confiance, Sir James Lucas Yeo, Knight, Commander, and brought to Sierra Leone; and for the value of such of the Slaves as may have departed this life since the said Capture, for the said Ship, her tackle, apparel, and furniture, and her Cargo, as the sole property of

an Inhabitant and Native of Rio Janeiro, and as protected by the Treaty or Convention between His Britannick Majesty, and His said Most Faithful Majesty, dated 28th July, 1817. And for his, the Claimant's, private adventure of two Africans, and for one African, the private adventure of the Mate of the said Ship. And for all costs, charges, losses, damages, demurrage, and expences, as have arisen or shall or may arise by means of the Capture and detention of the said Ship and her Cargo as aforesaid.

To be signed by the Master or Person making the Claim.

(13.)-Form of the Affidavit to annex to the Claim.

Ship Escravo, Pereiro de Mattos, Master, May, 1819.

Appeared personally the said Pereiro de Mattos, the Master of the said Ship, and maketh oath, that he is a Subject of His Most Faithful Majesty the King of Portugal, and was Master of the said Ship, at the time of the Capture thereof by His Majesty's Ship Confiance, Sir

James Lucas Yeo, Knight, Commander, and that the said Ship was so captured on the 9th day of this present month of May, in the proseon the Coast of

cution of her Voyage from Africa, to

with a Cargo consisting of

Africans, and brought to Sierra Leone. And

he further maketh oath that of Rio Janeiro, a Subject of His said Most Faithful Majesty, was at the time of the said Capture and now is the true, lawful, and sole Owner and Proprietor of the said Ship Escravo, her tackle, apparel, and furniture, and of the said Cargo and Slaves on board the same. The Deponent is the true, lawful, and sole Owner and Proprietor of the two Africans, one of which is a privileged African, and the other a present from

That the Mate of the said Ship is also the true, lawful, and sole Owner and Proprietor of one African; and the Deponent further maketh oath, that he verily believes the said Ship, Cargo and Slaves are protected by the Treaty or Convention between His Britannick Majesty and His said Most Faithful Majesty [here the Master, or whoever gives the claim, should state any circumstances he may be advised for the interest of himself and Owners;] and he further maketh oath, that no Person or Persons, other than the Persons before mentioned, have any right, title, or interest in the said Ship, her tackle, apparel and furniture, goods, wares, merchandize, or Slaves, on board the same at the time of the Capture and Seizure thereof, and that he is duly authorized to make the Claim hereunto annexed, and that the same is a true and just Claim, and that he shall be able to make due proof and specification thereof.

On the day of May, 1819, the said
Pereiro de Mattos was duly sworn to
the truth of this Affidavit, and of the
Claim hereto annexed.

Before me,

Thomas Gregory, Commissary Judge.

Pereiro de Mattos.

In the observations before made, it will be seen that the common and ordinary case of a detained Portuguese Vessel is presumed, and the regular course of proceeding to have taken place, viz. that the Captor, immediately upon bringing the Vessel into Port, proceeds to the Adjudication thereof; but in the event of his not doing so within a reasonable time after the arrival of the Vessel, the mode of proceeding will be, for the Person representing the Owners of the property to have a Claim and Affidavit prepared as before-mentioned, and he should then appear before one of the Commissary Judges and pray a Monition against the Captor to proceed to Adjudication, and a Minute to the following effect should be filed by the Registrar amongst the proceedings:

5

(14.)-Act of Court, decreeing Monition to proceed to Adjudication. BEFORE Our trusty and well-beloved Thomas Gregory, Commissary Judge, on the 1819,

day of

Present, D. M. Hamilton, Registrar.

Ship Escravo, Pereiro de Mattos, Master, taken and seized by His
Britannick Majesty's Ship, Confiance, Sir James Lucas Yeo, Knight,
Commander, and brought to Sierra Leone.

On which day G. H. exhibited, for and on behalf of Pereiro de Mattos, and alleged that the said Ship Escravo, whereof the said Pereiro de Mattos was Master, having taken on board her cargo at sailed therewith bound to but in the prosecution of her said voyage was seized and taken upon suspicion of being engaged in an illicit Traffick in Slaves and brought to Sierra Leone; but notwithstanding the premises, no proceedings have been had to bring the said Ship, Cargo, and Slaves to Adjudication, and he now exhibited a Claim of the said Pereiro de Mattos for the said Ship, Cargo, and Slaves, as the sole property of

of Rio Janeiro, Merchant, a Subject of His Most Faithful Majesty the King of Portugal, together with the sworn attestation of the said Pereiro de Mattos thereto annexed, which he prayed to be admitted; and the said Commissary Judge at his Petition decreed the said Sir James Lucas Yeo, Knight, Commander of His Britannick Majesty's Ship Confiance, to be monished to appear before him and E. F. the Commissary Judge appointed by His Most Faithful Majesty, specially constituted and appointed in this behalf, at situate

in and place of judicature, there, on the 6th day after he shall have been served with a Monition under Seal of this Commission to that effect, if it shall be a Court-day, otherwise on the Court-day then next following, at the usual and accustomed hours of hearing Causes there, then and there to proceed to the Adjudication of the said Ship, Cargo, and Slaves therein and therewith taken and seized as aforesaid, whether trading legally in the Traffick of Slaves or not, and to shew and allege in due form of Law a reasonable and lawful cause, if they have or know any, why the said Ship, Cargo, and Slaves should not be restored to the said Pereiro de Mattos the Claimant, for the use of the Owner and Proprietor thereof, with costs, charges, damages, demurrage and expences, with intimation that if they do not appear at the time and place aforesaid, or appearing do not shew good and sufficient cause concludent in law to the contrary, the said Commissary Judges, or some other competent Judges in this behalf, do intend to proceed, and will proceed to the decreeing the said Ship, Cargo, and Slaves to be restored to the said Pereiro de Mattos, for the use of the aforesaid Owner and Proprietor thereof, with his costs, charges, damages, demurrage, and expences, the absence or rather contumacy of the said Sir James Lucas Yeo, Knight, in anywise notwithstanding.

It will then be the duty of the Registrar to prepare a Monition calling upon the Captor to proceed to Adjudication, and the following is a form for that purpose.

(15.)-Form of Monition to proceed to Adjudication.

GEORGE the Third, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, to all and singular Our Vice-Admirals, Justices of the Peace, Mayors, Sheriffs, Baliffs, Marshals, Constables, and to all Our Officers, Ministers, and others, as well within liberties and franchises, as without, greeting: Whereas Our trusty and well-beloved Thomas Gregory, Commissary Judge, appointed by Us under the Mixed Commission at Sierra Leone, for the purpose of preventing the illegal Traffick in Slaves, specially constituted and appointed to hear and determine all and all manner of causes and complaints as to Ships, Goods and Slaves seized and taken in such illicit traffick, in a certain business moved and prosecuted before him under the said Commission, on behalf of Pereiro de Mattos the Master and Claimant of the Ship Escravo, her tackle, apparel, and furniture, and the goods, wares, merchandize, and Slaves taken on board the same, for and on behalf of of Rio

Janeiro, Merchant, Inhabitant and Subject of His Most Faithful Majesty the King of Portugal, the true, lawful and sole Owner and Proprietor thereof at the time the said Ship, Cargo and Slaves were taken and seized by Our Ship of War the Confiance, Sir James Lucas Yeo, Knight, Commander, and brought to Sierra Leone, against the said Sir James Lucas Yeo, Knight, rightly and duly proceeding, at the Petition of G. H. on behalf of the said Master and Claimant, alleging that the said Ship Escravo was taken and seized as aforesaid on the 9th day of May instant, and was at the time of such Capture bound on a voyage from with a cargo of

to

and Slaves; and that notwithstanding the Capture and Seizure aforesaid, no proceedings whatever have been had to bring the said Ship, Cargo and Slaves to Adjudication, hath decreed the said Sir James Lucas Yeo, Knight, to be monished, cited, and called to judgment at the time and place under written, and to the effect hereinafter expressed (justice so requiring): we do therefore strictly charge and command you jointly and severally, that you omit not by reason of any liberty or franchise, but that you monish and cite, or cause to be monished and cited peremptorily the said Sir James Lucas Yeo, Knight, that he appear before us, or the Commissary Judge or Judges of the said Commission, at situate

at

the 6th day after he shall be served therewith, if it be a Court-day, or else the next Court-day following, bet ween the usual hours of hearing of Causes, then and there to proceed under the said Commission to the legal Adjudication of the said Ship,

her tackle, apparel and furniture, and the goods, wares, merchandize, and Slaves on board the same, taken and seized as aforesaid, whether the same has been justly detained or not, or to shew and allege in due form of Law a reasonable and lawful cause, if any, why the said Ship, her tackle, apparel, and furniture, and the goods, wares, merchandize, and Slaves on board the same should not be decreed to be released from the aforesaid Capture, and restored and delivered to the said Pereiro de Mattos, the Master and Claimant, for the use of the Owner and Proprietor thereof, together with all such costs, damages, and expences arising or to arise from or by means of the said Capture and detention, and further to do and receive as to justice shall appertain, and that you intimate moreover, or cause to be intimated peremptorily to the said Sir James Lucas Yeo, Knight (to whom by the tenor of these presents we do also intimate), that if he shall not appear at the time and place above-mentioned, or appearing shall not shew a reasonable and lawful cause to the contrary, the said Commissary Judges do intend and will proceed to the decreeing the said Ship, her tackle, apparel and furniture, and the goods, wares, merchandize, and Slaves to be released from the Capture and Seizure aforesaid, and to be restored and delivered to the said Pereiro de Mattos, the Master and Claimant, for the use of the Owner and Proprietor thereof, together with all the costs, damages, and expences arising, or to arise from, or by means of the said Capture and Seizure, the absence, or rather contumacy of the said Sir James Lucas Yeo, Knight, in anywise notwithstanding; and that you duly certify us, or the said Commissary Judges, what you shall do in the premises, together with these presents.-Given at Sierra Leone, under the Seal of the Mixed Commission, the day

of

the 59th.

in the Year of our Lord 1819, and of our Reign
(L. S.)
D. M. HAMILTON, Registrar.

NOTWITHSTANDING the Proceedings may commence in this form, the Ship's Papers should be brought into the Registry, or accounted for, and the Witnesses produced, sworn, and examined in the manner before pointed out; for although the above Monition intimates that the Commissary Judges should pronounce the Captor contumacious if he does not appear and proceed to Adjudication, yet that of itself and without the regular evidence would not be a sufficient cause to warrant the Commissary Judges to make a final Decree or Sentence, which, it must not be forgotten, is without appeal; should the Captor appear to the said Monition, the same steps and proceedings are in every respect to be taken on his behalf as has been before stated, viz.; the praying of the Monition, the producing of the Witnesses, and giving in the Allegation, &c.