resources
An
Act for the more efectual Suppression of the Slave Trade
24th August 1843
An
Act for the more efectual Suppression of the Slave Trade.
5G.4
c.113.
|
'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, tranship, embark, receive, detain, or confine on board,
or to 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 to ship, tranship, embark, receive,
detain, or confine on board, or to 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 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 herein-before 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 herein-before 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 herein-before
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, tranship, lade,
receive, or put on board, or to 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 herein-before
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 herein-before 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 therein
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:'
|
The
recited Act and this Act shall apply to all British Subjects
wherever residing.
|
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 herein-before recited
and of this present Act shall, from and after the coming into
operation of this Act, be deemed to extend and apply to British
Subjects wheresoever residing or being, and whether within
the Dominions of the British Crown or of any Foreign Country;
and all the several Matters and Things prohibited by the said
consolidated Slave Trade Act 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 herein-after 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.
|
What
Persons are designated by the Term Slaves.
3&4W.4. c.73.
|
II.
And be it declared and enacted, That all Persons holden in
Servitude as Pledges for Debt, and commonly called "Pawns,"
or by whatsoever other Name they may be called or known, shall,
for the Purposes of the said consolidated Slave Trade Act,
and of an Act passed in the Third and Fourth Years of the
Reign 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 recited Act and this Act.
9G.4. c.31
|
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,
intituled An Act for consolidating and amending the Statutes
in England relative to Offences against the Person.
|
Evidence
may be taken abroad, and transmitted to the Court of Queen's
Bench.
13G.3. c.63.
|
IV.
'And whereas the Provisions heretofore made for the hearing
and determining in England of Offences committed against the
Acts for the Abolition of the Slave Trade in Places out of
this United Kingdom have been found ineffectual, by 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 vivâ 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 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 Depositions, 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 Witnesses had been
present and sworn, and examined vivâ 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.
|
In
what Cases Slaves may be sold or transferred.
|
V.
Provided always, and be it enacted, That in all the Cases
in which the holding or taking of Slaves shall not be prohibited
by this or any other Act of Parliament, it shall be lawful
to sell or transfer such Slaves, any thing in this or any
other Act contained notwithstanding.
|
Act
not to extend to Persons obtaining Slaves by Inheritance, &c.
|
VI.
Provided always, and be it enacted, That nothing in this Act
contained shall be taken to subject to any Forfeiture, Punishment,
or Penalty any Person for transferring or receiving any Share
in any Joint Stock Company established before the passing
of this Act in respect of any Slave or Slaves in the Possession
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 bonâ fide prior
to such Sale, by Inheritance, Devise, Bequest, Marriage, or
otherwise by Operation of Law.
|
Commencement
of Act.
|
VII.
And be it enacted, That this Act shall be deemed and taken
to be in force and to have effect from and after the First
Day of November in the Year One thousand eight hundred and
forty-three, and not before.
|
|