Articles 135-139, both inclusive, is liable to imprisonment for three years, and perhaps for life.

2

1 ARTICLE 141.

NOT FIGHTING PIRATES.

[Every one commits a misdemeanor, and must, on conviction thereof, be imprisoned for six months, 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, or by any ship on which any pirate is on board, fight and endeavor 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.

3 ARTICLE 142.

SLAVE-TRADING DEFINED.

* Each of the following acts and every contract to do any one of them is an act of slave-trading :

(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 any vessel slaves or other persons

punishment prescribed by any law then (1849) in force in England. 16 & 17 Vict. c. 99 introduced penal servitude in lieu of transportation, and by 20 & 21 Vict. c. 3, s. 2, it was provided that no person should be sentenced to transportation after July 1st, 1857. See also R. S. C. c. 181, s. 24, (Art. 17.)

1 S. D. Art. 112.

2 [8 Geo. 1, c. 24, s. 6. Draft Code, s. 110.]

3 S. D. Art. 113.

[5 Geo. 4. c. 113, s. 2. The language of this Act is very elaborate, and I have not noticed every deviation from it. I believe that this and the next Article give its effect quite correctly, though in a very different shape. For the history of these Acts, see 3 Hist. Cr. Law, 255-6.

Ship, vessel, or boat.]

[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, dispatch, use, employ, let, or take to freight, or on hire, any vessel, 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 slave-trading before mentioned.

(g) 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 slavetrading 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.

(j) To take the charge or command, or to navigate, or enter and embark on board any vessel in any capacity, knowing that such vessel 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 employed in slave-trading.

4

3 ARTICLE 143.

PIRATICAL SLAVE-TRADING.

Every subject of Her Majesty, and every person resi

1 66 Ship, vessel, or boat."]

2" As captain, master, mate. petty officer, surgeon, supercargo, seaman, marine, or servant, or in any other capacity."]

3 S. D. Art. 114.

4[5 Geo. 4. c. 113, s. 9, redrawn.] As to punishment see 7 Wm. 4 & 1 Vict. c. 91, s. 1, and Art. 140 note.

[dent or being in any of Her Majesty's dominions' commits piracy, felony, and robbery, and is liable] to imprisonment for three years and perhaps for life [who upon the high seas, or in any place where the admiral has jurisdiction, knowingly and wilfully does or assists in doing any of the following things, that is to say :

(a.) Who carries away, conveys, or removes any person as a slave; or

for the purpose of his being imported or brought as a slave into any place whatsoever; or

for the purpose of his being used, transferred, sold or dealt with as a slave, or

(b.) Who ships, embarks, receives, detains, or confines any person on board any vessel for the purpose of his being carried away, conveyed, or removed as a slave; or for the purpose of his being imported or brought as a slave into any 2 place whatsoever; or

for the purpose of his being sold, transferred, used, or dealt with as a slave.

4

3 ARTICLE 144.

PUNISHMENT OF SLAVE-TRADING.

Every one (owing allegiance to Her Majesty) commits felony, and is liable] to imprisonment for a term not exceeding five years and not less than three years [who (in any part of the world) does any of the acts of slavetrading specified in Article 142, clauses (a.), (b.), (c.), (d.), (e.); or

knowingly and wilfully does any of the acts of slave

1["Dominions, ports, settlements, factories, or territories now or hereafter belonging to Her Majesty, or being in Her Majesty's occupation or possession."

"Island, colony, country, territory, or place."]

3 S. D. Art. 115.

4 [5 Geo. 4, c. 113, s. 10 (redrawn),

These words are inserted to give the effect of R. v. Zulueta, 1 C. & K. 215, 226-7. See, however, Santos v. Illidge, 8 C. B. (N.S.) 861, in which the Court of Exchequer Chamber was equally divided upon a very similar though not identical point.]

[trading specified in Article 142, clauses (f.), (g.), (h.), (i.), or (k.)

2

1 ARTICLE 145.

SERVING ON A SLAVE-SHIP, FELONY.

Every one commits the same offence, and is liable to the same punishment, as is specified in the last Article, 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.

4

3 ARTICLE 146.

SERVING ON A SLAVE-SHIP, MISDEMEANOR.

Every one commits a misdemeanor, and is liable to two years' imprisonment, who with the knowledge mentioned in the last Article does any of the things mentioned in that Article, as petty officer, seaman, marine, or servant, or in any other capacity not specifically mentioned therein.]

1 S. D. Art. 116.

2 [5 Geo. 4, c. 113, c. 10.]

3 S. D. Art. 117.

4 [5 Geo. 4, c. 113, s. 11.]

ABUSES OF AUTHORITY, OPPRESSION, EXTORTION, FRAUD, NEGLECT OF DUTY-REFUSAL TO ACT.

2 [THE expression "public officer," in this chapter, means a person invested with authority to execute any public duty, and legally 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.

1 S. D. Art. 118.

2 [See 7 Rep. Crim. Law Crs. c. iv. p. 153, and cf. 5 Rep. Crim. Law Crs. p. 40. It would be foreign to the purpose of this work to discuss the question of the limits of the jurisdiction of the Courts of Common Law, and Ecclesiastical and Military Courts.]