CHAPTER THE EIGHTEENTH. OF DEALING IN SLAVES. THE 5 Geo. 4, c. 113, repeals all the acts and enactments relating 5 Geo. 4, c. to the slave trade, and the abolition thereof, and the exportation or 113. importation of slaves, except so far as they have repealed any prior acts or enactments, or may have been acted upon, or may be expressly confirmed by the present act. It then enacts, that it shall not be lawful (except in such special cases as are thereinafter mentioned) to deal in slaves, or to remove, import, ship, tranship, &c., any persons as slaves, or to fit out, employ, &c., any vessels in order to accomplish such unlawful objects, or to lend money, &c., or to become guarantee, &c., for agents in relation to such objects, or in any other manner to engage, directly or indirectly, therein, as a partner, agent, or otherwise; or to ship, &c., any money, goods, or effects, to be employed in accomplishing any of these unlawful objects; or to command, or embark on board, or contract for commanding, or embarking on board, any vessel, &c., in any capacity, knowing that such vessel, &c., is employed, or intended to be employed, in such unlawful objects; or to insure, or contract for insuring, any slaves, or other property, employed, or intended to be employed, in accomplishing any of these unlawful objects. (a) Pecuniary penalties and forfeitures are then imposed upon persons offending, by engaging in such unlawful objects. (b) And the statute then proceeds to subject certain offenders to punishments of a more serious nature. slaves on the By sec. 9, "if any subject or subjects of his Majesty, or any per- Sect. 9. son or persons residing, or being within any of the dominions, forts, Dealing in settlements, factories, or territories, now or hereafter belonging to high seas, &c., his Majesty, or being in his Majesty's occupation or possession, or to be deemed under the government of the united company of merchants of piracy, felony, and robbery, England trading to the East Indies, shall, except in such cases as and punished are in and by this act permitted, (c) after the first day of January, with death. one thousand eight hundred and twenty-five, upon the high seas, or in any haven, river, creek, or place, where the admiral has jurisdiction, knowingly and wilfully carry away, convey, or remove, or aid or assist in carrying away, conveying, or removing, any person or persons as a slave or slaves, or for the purpose of his, her, or their being imported, or brought as a slave or slaves, into any island, colony, country, territory, or place whatsoever, or for the purpose of his, her, or their being sold, transferred, used, or dealt with, as a (a) Sec. 2. (b) Sec. 3, 4, 5, 6, 7, 8. (e) These excepted cases are repealed by the 3 & 4 Wm. 4, c. 73, s. 12, which But now with for life, &c. slave or slaves; or shall, after the said first day of January, one thousand eight hundred and twenty-five, except in such cases as are in and by this act permitted, (d) upon the high seas, or within the jurisdiction aforesaid, knowingly and wilfully ship, embark, receive, detain, or confine, or assist in shipping, embarking, receiving, detaining, or confining on board any ship, vessel, or boat, any person or persons, for the purpose of his, her, or their being carried away, conveyed, or removed, as a slave or slaves, or for the purpose of his, her, or their being imported or brought, as a slave or slaves, into any island, colony, country, territory, or place whatsoever, or for the purpose of his, her, or their being sold, transferred, used, or dealt with, as a slave or slaves, then, and in every such case, the person or persons so offending shall be deemed and adjudged guilty of piracy, felony, and robbery, and being convicted thereof shall suffer death, without benefit of clergy, and loss of lands, goods, and chattels, as pirates, felons, and robbers upon the seas, ought to suffer." The 1 Vict. c. 91, s. 1, recites the preceding section, and protransportation vides that, after the 1st of October, 1837, no person convicted of any such offence shall suffer death, but instead thereof shall be liable to transportation for life, or for any term not less than fifteen years, or imprisonment, with or without hard labour, in the common gaol or house of correction, for any term not exceeding three years, and the offender may be directed to be kept in solitary confinement for any portion or portions of such imprisonment, or of such imprisonment with hard labour, not exceeding one month at any one time, and not exceeding three months in any one year, as to the Court in its discretion shall seem meet. (dd) 5 Geo. 4, Dealing in slaves, or exporting or importing them, or shipping them for such purposes, or embarking capital in the slave trade, or c. 113, s. 10. guaranteeing By sec. 10, "(except in such special cases as are in and by this act permitted, or otherwise provided for), (e) if any persons shall deal or trade in, purchase, sell, barter, or transfer, or contract for the dealing, or trading in, purchase, sale, barter, or transfer, of slaves, or persons intended to be dealt with as slaves, or shall, otherwise than as aforesaid, carry away or remove, or contract for the carrying away or removing of slaves, or other persons, as or in order to their being dealt with as slaves, or shall import or bring, or 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 shall, otherwise than as aforesaid, ship, tranship, embark, receive, detain, or confine on board, or contract for the shipping, transhipping, 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 shall ship, tranship, embark, receive, detain, or confine on board, or contract for the shipping, transhipping, 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 lating to the brought into any place whatsoever, as or in order to their being slave laws, made felony dealt with as slaves; or shall fit out, man, navigate, equip, dispatch, punishable by use, employ, let, or take to freight, or on hire, or contract for the transportation, fitting out, manning, navigating, equipping, dispatching, using, employing, letting, or taking to freight, or on hire, any ship, vessel, slave adven- struments re &c. (d) See note (c) p. 163. ante, p. 92. (e) See note (c) p. 163. 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 shall knowingly and wilfully lend or advance, or become security for the loan or advance, or 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 shall knowingly and wilfully become guarantee or security, or 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 shall knowingly and wilfully ship, tranship, lade, receive, or put on board, or contract for the shipping, transhipping, lading, receiving, or putting on board of any ship, vessel, or boat, money, goods, or effects, 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 shall take the charge or command, or navigate, or enter and embark on board, or 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, surgeon, or supercago, 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 shall knowingly and wilfully insure, or contract for the insuring of any slaves, or any property, or other subject matter 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; or shall wilfully and fraudulently forge or counterfeit any certificate, certificate of valuation, sentence, or decree of condemnation or restitution, copy of sentence or decree of condemnation or restitution, or any receipt (such receipts being required by this act), or any part of such certificate, certificate of valuation, sentence or decree of condemnation or restitution, copy of sentence, or decree of condemnation or restitution, or receipt as aforesaid; or shall knowingly and wilfully utter or publish the same, knowing it to be forged or counterfeited, with intent to defraud his Majesty, his heirs or successors, or any other person or persons whatsoever, or any body politic or corporate; then and in every such case, the person or persons so offending, and their procurers, counsellors, aiders, and abettors, shall be, and are hereby declared to be felons, and shall be transported beyond seas, for a term not exceeding fourteen years, or shall be confined and kept to hard labour for a term not exceeding five years, nor less than three years, at the discretion of the Court, before whom such offender or offenders shall be tried and convicted." Sect. 11. Seamen, &c., serving on board such a misdemeanor. By sec. 11, "that (except in such special cases, or for such special purposes as are in and by this act expressly permitted), (e) if any persons shall enter and embark on board, or contract for the enterships guilty of ing and embarking on board of any ship, vessel, or boat, as petty officer, seaman, marine, or servant, or in any other capacity not hereinbefore specially mentioned, 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 enter and embark on board, 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 hereinbefore been declared unlawful; then and in every such case the persons so offending, and their procurers, counsellors, aiders, and abettors, shall be, and they are hereby declared to be, guilty of a misdemeanor only, and shall be punished by imprisonment for a term not exceeding two years." S. 12 provides for an option to sue for pe. nalties in the courts. By sec. 12,"nothing in this act contained, making piracies, felonies, robberies, and misdemeanors, of the several offences aforesaid, shall be construed to repeal, annul, or alter the provisions and vice-admiralty enactments in this act also contained, imposing forfeitures and penalties, or either of them, upon the same offences, or to repeal, annul, or alter, the remedies given for the recovery thereof: but that the said provisions and enactments, imposing forfeitures and penalties, shall in all respects be deemed and taken to be in full force; it being the true intent and meaning of this act, that the right and privilege heretofore exercised of suing in vice-admiralty courts for the forfeitures or penalties, shall remain in full force and effect as before the passing of this act; and the jurisdiction of the said vice-admiralty courts in all cases of forfeitures and penalties imposed by this act is hereby established, given, ratified, and confirmed." S. 40. Petty officers, seamen, marines, or servants, having of fended, and within two ing against any owner, captain, master's mate, surgeon, or supercargo, not to be liable to the pains and penalties of the act. By sec. 40, "if any person offending as a petty officer, seaman, marine, or servant, against any of the provisions of the act, shall, within two years after the offence committed, give information on oath before any competent magistrate, against any owner or partowner, or any captain, master, mate, surgeon, or supercargo, of any ship or vessel, who shall have committed any offence against this act, and shall give evidence on oath against such owner, &c., before any magistrate or court before whom such offender may be tried; or if such person so offending shall give information to any of his Majesty's ambassadors, ministers, &c., or other agents, so that any person owning such ship or vessel, or navigating or taking charge of the same, as captain, master, mate, surgeon, or supercargo, may be apprehended, such person so giving information and evidence, shall not be liable to any of the pains or penalties under the act, incurred in respect of his offence; and his Majesty's ambassadors, ministers, &c., are required to receive any such information, and to transmit the particulars thereof without delay, to one of his Majesty's principal secretaries of state, and to transmit copies of the same to the commanders of his Majesty's ships or vessels, then being in such port or place." (e) See note (c) ante, p. 163. against this act. By sec. 48, "all offences against this act which shall be committed S. 48. Trial in any country, territory, or place, other than the united kingdom, of offences or on the high seas, or in any port, sea, creek, or place, where the admiral has jurisdiction, and which shall be prosecuted as piracies, felonies, robberies, or misdemeanors, shall and may be inquired of, either according to the ordinary course of law, and the provisions of the 28 H. 8, c. 15, or according to the provisions of the 33 H. 8, c. 23, (repealed by 9 Geo. 4, c. 31,) or according to the provisions of the 11 & 12 Wm. 3, c. 7, or according to the provisions of the 46 Geo. 3, c. 54; (f) and that all persons convicted of any of the said offences, to be inquired of, tried, and determined, under and by virtue of any commission to be made and issued, according to the directions of the said act of the 46 Geo. 3, shall be subject and liable to, and shall suffer all such and the same pains, penalties, and forfeitures, as by this act, or any law or laws now in force, persons convicted of the same respectively would be subject and liable to, in case the same were respectively inquired of, tried, and determined, and adjudged, within this realm, by virtue of any commission made according to the directions of the statute 28 H. 8, c. 15." mitted out of By sec. 49, "all offences against this act, which shall be com- S. 49. Trial of mitted in any place where the admiralty has not jurisdiction, and not offences combeing within the local jurisdiction of any ordinary court of a British the admiral's colony, &c., competent to try such offence, may be inquired of, jurisdiction. tried, &c., under and by virtue of any commission to be issued, according to the directions of the 46 Geo. 3, c. 54." By sec. 50, "all offences committed against this act may be in- S. 50. Ofquired of, tried, determined, and dealt with, as if the same had fences may be been respectively committed within the body of the county of Mid- committed in dlesex." tried, as if Middlesex. (ƒ) Ante, 103. |