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![handle is hein.slavery/ssactsengr0497 and id is 1 raw text is: THE VECUA
had not eventually been incurred ; but expressed itself desirous to satisfy the owners,
if it could be done with justice to other parties.
The Court ultimately fixed the whole award at £1200; giving £200 to the master,
£100 to his boat's crew, consisting of five men ; £200 to the remaining crew of the
Rover, to be distributed according to their respective interests in the profits
of the voyage ; and £700 to the owners, including demurrage, repairs, risks, and all
expenses.
[346] VECUA -(Gomez). March 2, 1831.-Two warrants for bounties, each for
a distinct capture made by the same two vessels jointly, were made out in the
joint names of their respective agents, and the proceeds paid on their joint
receipts : each agent took possession of a portion of the bounties, but no regular
severance or appropriation was made: one of the agents became a bankrupt
with the proceeds of one warrant in his hands, the other agent is bound to dis-
tribute the proceeds of the other warrant between the two vessels.
The Vecua, with her cargo and 300 slaves, and the Ycanam, with 380
slaves, having been condemned at Sierra Leone, upon the joint capture of H.M.S.
Iphigenia, Capt. Sir R. Mends, and the Myrmidon, Capt. Leeke, the usual
warrants for the bounty money for the slaves were made out in the joint names of
Mr. Cook and Mr. Stilwell, the respective agents; and in October 1825, were received
by Cook, as agent to the senior officer.
The warrant for the slaves on board the Vecua was for £3000; and the
warrant on account of the Iphigenia, for £3800.
It was asserted by Stilwell, that, upon a calculation of the numbers of the Iphi-
genia and Myrmidon respectively to share, Cook admitted that the Myr-
midon's gross share would be about £3000; whereupon, at Stilwell's request, Cook
delivered to him the Vecua warrant, and retained the other as the estimated
proportion due to the Iphigenia for bounty on account of both the slave ships.
In Cook's affidavit the averment of such agreement was contradicted.
The warrants were paid in October 1825, upon joint receipts. Stilwell took pos-
session of the £3000 ; and in April 1826 Cook became a bankrupt, no distribution
having been made. In July 1830, on an affidavit of Mr. Hancock, the examiner of
navy prize accounts, a monition was served on Stilwell to distribute the £3000, to
exhibit his accounts, and to shew cause why he should not pay at the [347] rate
of 12 per cent. for any portion withheld from distribution.*
An appearance was given for Stilwell, and the case came before the Court in
Hilary term 1831 ; when, after hearing counsel, the proceedings stood over for a
final decree, upon an intimation from the Court that the interests of Sir R. Mends in
the question were very important, and that it would be desirable that they should
be supported. An appearance was accordingly given for the executor of Sir R.
Mends, a further act on petition was entered into, and fresh affidavits exhibited, to
the effect set forth in the judgment.
The principal question raised upon this monition was, whether the £300 was to
be distributed to the Myrmidon only, or, jointly, to the Iphigenia
The King's Advocate and Dodson, in support of the monition.
Phillimore and Addams, for Mr. Stilwell.
Burnaby and Nicholl, for the executor of Sir Robert Mends.
Judgment-Sir Christopher Robinson : This case arises out of proceedings insti-
tuted by the treasurer of the navy, in his official capacity as guardian of prize interests,
calling upon Mr. Stilwell to distribute a sum of £3000, received by him as prize agent
in 1825, being the bounty for slaves captured by H.M.'s ships, Iphigenia and
Myrmidon, on the coast of Africa in 1822 ; but alleged by Mr. Stilwell to be
appropriated exclusively to the Myr-[348]-midon. The 5 G. IV, c. 113, and some
previous Acts, granted the bounty generally to the captors ; and the practice of the
Treasury has been, to issue warrants directing the Exchequer to pay the sum specified
to the agent or agents of the captors named in the warrant. These warrants were
accordingly issued, on the l1th of October, to Mr. Cook, agent for the Iphigenia,
and to Mr. Stilwell, agent for the Myrmidon ; and were delivered to Mr. Cook,
as agent for Sir Robert Mends, the senior officer of the capturing ships, according
* In the act on petition the claim for penal interest was abandoned.
2 THA,.G. 346,](ViewImageLocal?handle=hein.slavery/ssactsengr0497&div=1&collection=&method=preview&ext=.png&size=3)