5 10 SECTION 62. INSUBORDINATION ON BOARD SHIP. Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to penal servitude for life, who being on board any British ship on the high seas, or within the jurisdiction of the Admiral, forcibly deprives the master of his command, or puts him in confinement, or endeavours to make a revolt in the ship. SECTION 63. NOT FIGHTING PIRATES. Everyone shall be guilty of an indictable offence, and shall on conviction thereof be liable to imprisonment, who, being a commander, master, or any officer or seaman, or mariner of any merchant ship which carries guns and arms, does not, when attacked by any pirate, 15 or by any ship on which any pirate is on board, fight and endeavour to defend himself and his vessel from being taken by such pirate, or who utters any words to discourage the other mariners from defending the ship, so that the ship falls into the hands of such pirate. 20 25 SECTION 64. SLAVE-TRADING DEFINED. Slave-trading is to do or to contract to do any of the following things; that is to say, (a.) To deal or trade in, purchase, sell, barter, or transfer slaves or persons intended to be dealt with as slaves; (b.) To carry away or remove slaves, or other persons as or in order to their being dealt with as slaves; (c.) To import or bring into any place whatsoever slaves or other persons as or in order to their being dealt with as slaves; (d.) To ship, tranship, embark, receive, detain, or confine on board 30 any ship, vessel, or boat, slaves or other persons 35 For the purpose of their being carried away or removed as or in order to their being dealt with as slaves; or For the purpose of their being imported into any place whatever as or in order to their being dealt with as slaves; (e.) To fit out, man, navigate, equip, despatch, use, employ, let, or take to freight or on hire any ship, vessel, or boat, in order to do any act of slave-trading before mentioned; (f.) To lend or advance, or become security for the loan or advance, of money, goods, or effects employed or to be employed in any act of 40 slave-trading before mentioned; A.D. 1878. A.D. 1878. (9.) To become guarantee or security for agents employed or to be employed in any act of slave-trading before mentioned; (h.) To engage in any other manner in any act of slave-trading before mentioned, directly or indirectly, as a partner, agent, or otherwise; (i.) To ship, tranship, lade, receive, or put on board of any vessel money, goods, or effects to be employed in any act of slave-trading before mentioned; 5 (j) To take the charge or command, or to navigate, or enter and embark on board any ship, vessel, or boat in any capacity 10 whatever, knowing that such ship, vessel, or boat is employed in any act of slave-trading before mentioned, or is intended to be so employed upon the voyage or upon the occasion in which the embarkation takes place; (k.) To insure slaves or property employed or intended to be 15 employed in slave-trading. SECTION 65. PUNISHMENT OF SLAVE-TRADING. Everyone shall be guilty of an indictable offence who does any act of slave-trading knowingly and wilfully. (a.) Every such offender shall be liable to penal servitude for life if he does any of the acts of slave-trading defined in section 64, subsections (a.), (b.), (c.), (d.), or (e.). 20 (b.) Every such offender shall be liable to penal servitude for fourteen years if he does any of the acts of slave-trading specified 25 in section 64, subsections (f.), (g.), (h.), (i.), or (k.). SECTION 66. SERVING ON A SLAVE SHIP AS AN OFFICER. Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to penal servitude for fourteen years, 30 who takes charge or command, or navigates, or embarks on board any vessel as captain, master, mate, surgeon, or supercargo, or contracts to do so, knowing that such vessel is actually employed, or is on that voyage or occasion intended to be employed in any act of slave-trading. 35 SECTION 67. SERVING ON A SLAVE SHIP AS A SEAMAN. Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to two years imprisonment with hard labour, who, with the knowledge mentioned in the last section, does 40 any of the things mentioned in that section, as petty officer, seaman, marine, or servant, or in any other capacity not specially mentioned A.D. 1878. therein. Provided that any person who has committed any offence against this section shall cease to be liable to any punishment in respect 5 thereof in either of the following cases; that is to say, 10 15 20 (i.) If within two years after committing the offence he gives Provided also that nothing in this Act contained shall in any way whatever interfere with the recovery of any forfeiture or penalty imposed upon any person by any Act now in force or hereafter to 25 be in force relating to the slave trade; but all such provisions may be enforced, as well as those herein-before contained. Provided also that nothing in this Act contained shall subject any person to any punishment for holding or taking slaves in cases not herein-before prohibited, or for transferring or receiving 30 any share in any joint-stock company established before the 24th of August 1843, in respect of any slave in the possession of such company before that time, or for selling any slave lawfully in his possession at that time, or to whom he became entitled in good faith before such sale by inheritance, devise, bequest, marriage, or 35 otherwise by operation of law. 40 The word "slave" in this Act includes all persons holden in servitude as pledges for debt, and commonly called " pawns," or by whatever name they may be known. SECTION 68. APPLICATION OF THIS CHAPTER. The provisions of the four last preceding sections shall extend to acts done by any one owing allegiance to Her Majesty in any part A.D. 1878. of the world, and offences against these sections shall be extradition crimes within the meaning of the Extradition Act, 1870. PART III. CHAPTER X. OFFENCES BY AND AGAINST PUBLIC OFFICERS AND 5 SECTION 69. 66 PUBLIC OFFICER DEFINED. The expression "public officer" in this chapter means a person invested with authority to execute any public duty, and legally 10 bound to do so, but does not include any member of either House of Parliament as such, or any ecclesiastical, naval, or military officer acting in the discharge of duties for the due discharge of which he can be made accountable only by an ecclesiastical, naval, or military court. 15 SECTION 70. EXTORTION AND OPPRESSION BY PUBLIC OFFICERS. Every public officer shall be guilty of an indictable offence, and shall be liable upon conviction thereof to imprisonment, who, in the exercise or under colour of exercising the duties of his office, 20 does any illegal act, or abuses any discretionary power with which he is invested by law, not in consequence of a mistake in good faith as to the law, but from any corrupt motive. Offences against this section, consisting in taking under colour of office from any person any money or valuable thing which is not 25 due from him at the time when it is taken, may be called " extortion." Offences against this section, consisting in inflicting upon any person any injury other than extortion, may be called "oppression." SECTION 71. FRAUDS AND BREACHES OF TRUST BY OFFICERS. 30 Every public officer shall be guilty of an indictable offence, and shall be liable upon conviction thereof to imprisonment, who, in the discharge of the duties of his office, commits any fraud or breach of trust affecting the public, whether such fraud or breach of trust would have been criminal or not if committed against a private 35 person. SECTION 72. NEGLECT OF OFFICIAL DUTY. Every public officer shall be guilty of an indictable offence, and shall be liable upon conviction thereof to imprisonment, who wilfully 5 and without any reasonable excuse neglects to perform any duty which he is bound by law to perform, whereby the public peace is broken or is not restored or maintained, or whereby the persons or property of Her Majesty's subjects are endangered, provided that the performance of such duty is not attended with greater danger 10 than a man of ordinary firmness may reasonably be expected to encounter, or with greater exertions than a man of ordinary powers of mind and body may reasonably be expected to make. 15 SECTION 73. REFUSAL TO SERVE AN OFFICE. Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to imprisonment, who unlawfully refuses or omits to take upon himself and serve any public office which he is by law required to accept if duly appointed; provided that this enactment shall not extend to any case in which any other 20 penalty is imposed by law for such refusal or neglect, or to any case in which by law or by custom any person is permitted to make any composition in place of serving any office. 25 SECTION 74. DISOBEDIENCE TO A STATUTE. Everyone shall be guilty of an indictable offence, and shall be liable on conviction thereof to imprisonment, who wilfully disobeys any statute of the realm by doing any act which it forbids, or by omitting to do any act which it requires to be done, and which concerns the public or any part of the public, unless it appears from 30 the statute that it was the intention of the Legislature to provide some other penalty for such disobedience, which penalty was intended to be exclusive of all other punishment. 35 SECTION 75. DISOBEDIENCE TO LAWFUL ORDERS OF COURT, &c. Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to imprisonment, who disobeys any lawful order, warrant, or command duly made, issued, or given by Her Majesty, or by any court, public officer, or person acting in any A.D. 1878. |