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The Navy List 1879
>Costs Of Prosecution In Slave Captures, Or Under The Kidnapping Act, 1872


Circular No. 71.- LMM.

Admiralty, 7th November 1874.

The attention of my Lords Commissioners of the Admiralty having been called to the inadequacy of the provision made to meet the expenses incurred by Commanding Officers of Her Majesty's Ships in conducting prosecutions under the Kidnapping Act, 1872, their Lordships are pleased to direct that Circular No. 2, of 5th January, 1874 (Costs of Prosecution in Slave Captures), shall be cancelled, and that the following Regulation, shall be substituted for those contained therein.

  1. In case any proceedings shall have been instituted in any Court of Vice-Admiralty or Mixed Commission by or on behalf of any of Her Majesty's Ships in respect of any of the matters enumerated in the 12th Section of the Naval Agency and Distribution Act, 1864, and the Commanding Officer of such Ship shall be unable himself to pay the legal expenses attending the prosecution or to negotiate a bill for the amount on the Ship's Agent, he will be at liberty to demand from the Paymaster of his Ship an advance of public money for the purpose. The amount of such advance, which must not exceed £100, is to be debited by the Paymaster on the Ship's Ledger against the pay of such Commanding Officer, who can reimburse himself by drawing on the Ship's Agent for the amount when opportunity shall occur.
  2. In case any proceedings shall have been instituted by or on behalf of any of Her Majesty's Ships in respect of matters under the Kidnapping Act, 1872, the Commanding Officer will be at liberty to obtain from the Paymaster of his Ship an advance of public money for the purpose. The amount of such advance, which must not exceed £200, will be charged as an Imprest against such Commanding Officer until the Treasury (should they so decide) shall repay the same under the 19th Clause of the said Act.
  3. It is desirable that the approval of the Commander-in-Chief or Senior Officer on the Station should be obtained before such application of public money ; but should the delay necessary to obtain such approval be in any case inconvenient, the advance may be made on the sole authority of the Commanding Officer of the Ship, the case being afterwards reported to the Commander-in-Chief or Senior Officer.

By Command of their Lordships,

Vernon Lushington

To all Commanders-in-Chief, &c.

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From page 191 of the Addenda to the Queen's Regulations.

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