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5 Geo. IV.

c. 113.

6 & 7 VICTORIA, C. XCVIII.

An Act for the more effectual Suppression of the Slate
Trade. [24th August, 1843.]

WHEREAS an Act was passed in the fifth year of the reign of King George the Fourth, intituled, An Act to amend and consolidate the Laws relating to the Abolition of the Slave Trade, whereby it is enacted (among other things) that it shall not be lawful (except in such special cases as are hereinafter mentioned) for any persons to deal or trade in, purchase, sell, barter, or transfer, or to contract for the dealing or trading in, purchase, sale, barter, or transfer of slaves or persons intended to be dealt with as slaves; or to carry away or remove, or to contract for the carrying away or removing of slaves or other persons as or in order to their being dealt with as slaves; or to import or bring, or to contract for the importing or bringing, into any place whatsoever, slaves or other persons as or in order to their being dealt with as slaves; or to ship, transship, embark, receive, detain, or confine on board, or to contract for the shipping, transshipping, embarking, receiving, detaining, or confining on board of any ship, vessel, or boat, slaves or other persons for the purpose of their being carried away or removed as or in order to their being dealt with as slaves; or to ship, transship, embark, receive, detain, or confine on board, or to contract for the shipping, transshipping, embarking, receiving, detaining, or confining on board, of any ship, vessel, or boat, slaves or other persons for the purpose of their being imported or brought into any place whatsoever as or in order to their being dealt with as slaves; or to fit out, man, navigate, equip, despatch, use, employ, let, or take to freight or on hire, or to contract for the fitting out, manning, navigating, equipping, despatching, using, employing, letting, or taking to freight or on hire, any, ship, vessel, or boat, in order to accomplish any of the objects or the contracts in relation to the objects, which objects and contracts have hereinbefore been declared unlawful; or to lend or advance, or become security for the loan or advance, or to contract for the lending or advancing, or becoming security for the loan or advance of money, goods, or effects employed or to be employed in accomplishing any of the objects or the contracts in relation to the objects, which objects and contracts have hereinbefore been declared unlawful; or to become guarantee or security, or to contract for the becoming guarantee or security, for agents employed or to be employed in accomplishing any of the objects or the contracts in relation to the objects, which objects and contracts have hereinbefore been declared unlawful; or in any other manner to engage or to contract to engage, directly or indirectly, therein as a partner, agent, or otherwise; or to ship, transship, lade, receive, or put on board, or to contract for the shipping, transshipping, lading, receiving, or putting on board of any ship, vessel, or boat, money, goods, or effects, to be employed in accomplishing any of the ob

jects or the contracts in relation to the objects, which objects and contracts have hereinbefore been declared unlawful; or to take the charge or command, or to navigate or enter and embark on board, or to contract for the taking the charge or command or for the navigating or entering and embarking on board, of any ship, vessel, or boat, as captain, master, mate, petty officer, surgeon, supercargo, seaman, marine, or servant, or in any other capacity, knowing, that such ship, vessel, or boat is actually employed, or is in the same voyage, or upon the same occasion, in respect of which they shall so take the charge or command, or navigate or enter and embark, or contract so to do as aforesaid, intended to be employed in accomplishing any of the objects or the contracts in relation to the objects, which objects and contracts have herein before been declared unlawful; or to insure or to contract for the insuring of any slaves, or any property, or other subject matter engaged or employed, or intended to be engaged or employed in accomplishing any of the objects or the contracts in relation to the objects, which objects and contracts have hereinbefore been declared unlawful; and whereas it is expedient that from and after the commencement of this Act the } provisions of the said Act hereinbefore recited shall be deemed to apply to, and extend to render unlawful, and to prohibit the several acts, matters, and things herein mentioned when committed by British subjects in foreign countries and settlements not belonging to the British Crown, in like manner and to all intents and purposes as if the same were done or committed by such persons within the British dominions, colonies, or settlements; and it is expedient that further provisions should be made for the more effectual suppression of the Slave Trade, and of certain practices tending to promote and encourage it: be it therefore enacted by the Queen'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 all the provisions of the said consolidated Slave Trade Act hereinbefore recited and of this present The recited Act shall, from and after the coming into operation of this Act, Act and this be deemed to extend and apply to British subjects wheresoever Act shall residing or being, or whether within the dominions of the British British subCrown or of any foreign country and all the several matters jects whereand things prohibited by the said consolidated Slave Trade Act ever residing. or by this present Act, when committed by British subjects, whether within the dominions of the British Crown or in any foreign country, except only as is hereinafter excepted, shall be deemed and taken to be offences committed against the said several Acts respectively, and shall be dealt with and punished accordingly: Provided nevertheless, that nothing herein contained shall repeal or alter any of the provisions of the said Act.

:

apply to all

ted by the

II. And be it declared and enacted, That all persons holden What persons in servitude as pledges for debt, and commonly called "Pawns,' " are designaor by whatsoever other name they may be called or known, term Slaves thall, for the purposes of the said consolidated Slave Trade Act, and of an Act passed in the third and fourth years of the reign

L

.73.

3 & 4 W. 4, of King William the Fourth, intituled, An Act for the Abolition of Slavery throughout the British Colonies, for promoting the Industry of the manumitted Slaves, and for compensating the Persons hitherto entitled to the Services of such Slaves, and of this present Act, be deemed and construed to be slaves or persons intended to be dealt with as slaves.

Trial of offenders

against the and this Act.

recited Act

III. And whereas it is expedient to make further provision for the trial and punishment of offenders; be it enacted, That all offences against the consolidated Slave Trade Act, or against this present Act, which shall be committed by British subjects out of this United Kingdom, whether within the dominions of the British Crown or in any foreign country, or by foreigners within the British dominions, except in places where the British admiral has jurisdiction, may be taken cognizance of, inquired into, tried, and determined, according to the provisions of an Act passed in the ninth year of King George the Fourth, in9 G. 4, c. 31. tituled, An Act for consolidating and amending the Statutes in England relative to Offences against the Person.

Evidence

IV. And whereas the provisions heretofore made for the may be taken hearing and determining in England of offences committed transmitted against the Acts for the Abolition of the Slave Trade in places to the Court out of this United Kingdom have been found ineffectual, by

abroad, and

of Queen's

Bench.

reason of the difficulty of proving in this kingdom matters and things done elsewhere; be it enacted, That in all cases of indictment or information laid or exhibited in the Court of Queen's Bench for misdemeanors or offences committed against the said Acts or against this present Act in any places out of the United Kingdom, and within any British colony, settlement, plantation, or territory, it shall and may be lawful for Her Majesty's said court, upon motion to be made on behalf of the prosecutor or defendant, to award a writ or writs of mandamus, requiring the chief justice or other chief judicial officer in such colony, settlement, plantation, or territory, who are hereby respectively authorized and required accordingly to hold a court, with all convenient speed, for the examination of witnesses and receiving other proofs concerning the matters charged in such indictments or informations respectively, and in the meantime to cause public notice to be given of the holding of such courts, and summonses to be issued for the attendances of witnesses and of agents and counsel of the parties; and such examination as aforesaid shall be then and there openly and publicly taken in the said court vivá voce, upon the respective oaths of the persons examined, and be reduced to writing, and be sent to Her Majesty in Her Court of Queen's Bench, (in manner set forth and prescribed in an Act passed in the thirteenth year of George 13 G. 3, c. 63. the Third, chapter sixty-three, intituled, An Act for establishing certain Regulations for the better Management of the Affairs of the East India Company, as well in India as in Europe;) and such de positions, being duly taken and returned according to the true intent and meaning of this Act, shall be allowed and read, and shall be deemed as good and competent evidence as if such wit nesses had been present and sworn, and examined vivá voce at any trial for such misdemeanors and offences as aforesaid, in

Her Majesty's said Court of Queen's Bench, any law or usage to the contrary thereof notwithstanding.

hereby slavos may be sold

V. Provided always, and be it enacted, That in all the cases In cases not in which the holding or taking of slaves shall not be prohibited prohibited by this or any other Act of Parliament, it shall be lawful to sell or transfer such slaves, anything in this or any other Act con- or transtained notwithstanding.

any

forfeiture, pun

ferred.

Act not to

extend to persons obtaining

VI. Provided always, and it be enacted, That nothing in this Act contained shall be taken to subject to ishment, or penalty, any person for transferring or receiving any share in any joint stock company established before the slaves by passing of this Act, in respect of any slave or slaves in the inheritance, pos- &e. session of such company before such time, or for selling any slave or slaves which were lawfully in his possession at the time of passing this Act, or which such person shall or may have become possessed of or entitled unto bona fide prior to such sale, by inheritance, devise, bequest, marriage, or otherwise by operation of law.

VII. And be it enacted, That this Act shall be deemed and Commencetaken to be in force and to have effect from and after the first ment of Act. day of November, in the year one thousand eight hundred and forty-three, and not before.

APPENDIX TO SECTION FOURTH,

Form of Order to act under the 2nd and 3rd Victoria, cap. 73.

ORDER.

By the Commissioners for executing the Office of Lord High
Admiral of the United Kingdom of Great Britain and
Ireland, &c.

WHEREAS an Act of Parliament was passed in the second and third year of the reign of Her Majesty, by which it was enacted that it should be lawful for persons in Her Majesty's service, under the authority of the Commissioners for executing the office of Lord High Admiral of the United Kingdom of Great Britain and Ireland, to detain, seize, and capture vessels engaged in the Slave Trade, not being justly entitled to the protection of the flag of any state or nation; and whereas we think fit that you should be authorized to act under that statute,

We furnish you with a copy of the said statute of the second and third Victoria, cap. 73, and also with a copy of the statute of the fifth and sixth Victoria, cap. 114, passed with reference to the first-named statute, and you are hereby expressly authorized, empowered, and ordered to act in the suppression of the Traffic in Slaves, according to the said statutes, in regard to such vessels as are hereinabove described; but you

are to bear in mind that such part of the statute of the second and third Victoria, cap. 73, as applies to Portuguese vessels, has been repealed by the statute of the fifth and sixth Victoria, cap.

114.

Given under our hands, this 12th day of June, 1844.
G. COCKBURN,

To

Commander of Her Majesty's ship

By command of their Lordships,

W. H. GAGE.

SIDNEY HERBERT.

2 & 3 VICTORIA, C. LXXIII.

An Act for the Suppression of the Slave Trade. [24th
August, 1839.]

WHEREAS it is expedient that persons employed under the authority of Her Majesty in the detention and seizure of vessels engaged in the Slave Trade should be indemnified against the consequences of vexatious suits and actions with which they may be harassed: And whereas it is also expedient that power should be given to the High Court of Admiralty and to Courts of Vice-Admiralty to adjudicate upon vessels and their cargoes captured for having been engaged in the Slave Trade, and also upon slaves taken on board thereof: And whereas it is further expedient to extend the provisions of certain Acts of Parliament which empower Her Majesty to grant bounties for the capture of vessels engaged in the Slave Trade: And whereas Her Majesty has been pleased to issue orders to Her cruizers to capture Portuguese vessels engaged in the Slave Trade, and other vessels engaged in the Slave Trade not being justly entitled to claim the protection of the flag of any state or nation: May it therefore please your Majesty that it may be enacted; and be it enacted by the Queen'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 person or persons in Her Majesty's service, under any order or authority of the Lord High Admiral or of the Commissioners for executing the office of Lord High Admiral of Great Britain, or of any one Slave Trade, of Her Majesty's Secretaries of State, to detain, seize, and capture and indemni- any such vessels, and the Slaves, if any, found therein, and to fying persons bring the same to adjudication in the High Court of Admiralty orders given of England, or in any Vice-Admiralty Court within Her Mafor that pur- jesty's dominions, in the same way as if such vessels and the

Authorizing

the seizure of certain

vessels engaged in the

acting under

pose.

cargoes thereof were the property of British subjects and all persons concerned in or advising the giving of, or giving or issuing, any such order or authority, or acting under or in pursuance thereof, or carrying the same into execution, shall be and

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