resources
The
Slave Trade Act
5th August 1873
An Act for
consolidating with Amendments the Acts for carrying into effect
Treaties for the more effectual Suppression of the Slave Trade,
and for other purposes connected with the Slave Trade.
|
Whereas
divers treaties for the more effectual suppression of the
slave trade have been made by or on behalf of Her Majesty
and Her Royal predecessors with foreign states, and the Acts
mentioned in the second schedule to this Act have been passed
for carrying into effect the said treaties or some of them:
And whereas it is expedient to consolidate the said Acts into
one Act, and to make provision for carrying into effect the
said treaties, and any treaty which may hereafter be made
by or on behalf of Her Majesty with any foreign state for
the more effectual suppression of the slave trade:
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, as follows:
|
| Short
title. |
1.
This Act may be cited as the Slave Trade Act, 1873. |
Interpretation.
|
2.
In this Act-
The term "the Treasury" means the Commissioners
of Her Majesty's Treasury:
The term "the Admiralty" means the Lord High Admiral
of the United Kingdom, or the Commissioners for executing
the office of Lord High Admiral:
The term "vessel" means any vessel used in navigation:
The term "British possession" means any plantation,
territory, settlement, or place situate within Her Majesty's
dominions, and not forming part of the United Kingdom:
The term "governor" includes the officer for the
time being administering the government of any colony; and
where there is a local governor or lieutenant-governor under
a governor-general, means the local governor or lieutenant-governor:
The term "the Slave Trade Act, 1824," means the
Act of the session of the fifth year of the reign of King
George the Fourth, chapter one hundred and thirteen, intituled
"An Act to amend and consolidate the laws relating to
the abolition of the slave trade:"
The term "foreign state" includes any foreign nation,
people, tribe, sovereign, prince, chief, or headman: The term
"vessel of a foreign state" means a vessel which
is justly entitled to claim the protection of the flag of
a foreign state, or which would be so entitled if she did
not lose such protection by being engaged in the slave trade:
The term "treaty" includes any convention, agreement,
engagement, or arrangement:
The term "slave trade" when used in relation to
any particular treaty does not include anything declared by
such treaty not to be comprised in the term or in such treaty:
The term "Vice-Admiralty Court" does not include
any Vice-Admiralty Court which for the time being has under
its commission a limited jurisdiction only in matters relating
to the slave trade:
The term "British slave court" means the High Court
of Admiralty of England, every Vice-Admiralty Court in Her
Majesty's dominions out of the United Kingdom, and every East
African Court for the time being within the meaning of the
Slave Trade (East African Courts) Act, 1873:
The term "slave court" means every British slave
court, eveiy mixed commission or court established under any
existing slave trade treaty, and the court of any foreign
state having jurisdiction to try and condemn a vessel engaged
in the slave trade:
The term "existing slave trade treaty" means a treaty
made by or on behalf of Her Majesty or Her Royal predecessors
with any foreign state for the more effectual suppression
of the slave trade and in force at the passing of this Act. |
Visitation
and seizure by cruisers, &c. of suspected slave ships.
|
3.
Where a vessel is, on reasonable grounds, suspected of being
engaged in or fitted out for the slave trade, it shall (subject,
in the case either of the vessel of a foreign state, or of
the commander or officer of a cruiser of a foreign state,
to the limitations, restrictions, and regulations, if any,
applicable thereto contained in any existing slave trade treaty
made with such state) be lawful-
(a.) If the vessel is a British vessel, or is engaged in the
slave trade within British jurisdiction, or is not a vessel
of a foreign state, for any commander or officer of any of
Her Majesty's ships, for any officer bearing Her Majesty's
commission in the army or navy, for any officer of Her Majesty's
customs in the United Kingdom, Channel Islands, or Isle of
Man, for the governor of a British possession, or any person
authorised by any such governor, and for any commander or
officer of any cruiser of a foreign state authorised in pursuance
of any existing slave trade treaty; and
(b.) If the vessel is the vessel of a foreign state, for any
commander or officer of any of Her Majesty's ships, when duly
authorised in that behalf, in pursuance of any treaty with
that state, and for any commander or officer of any cruiser
of that foreign state,
to visit and seize and detain such vessel, and to seize and
detain any person found detained or reasonably suspected of
having been detained as a slave, for the purpose of the slave
trade, on board any such vessel, and to carry away such vessel
and person, together with the master and all persons, goods,
and effects on board any such vessel, for the purpose of bringing
in such vessel, person, goods, and effects for adjudication.
All vessels,
slaves, persons, goods, and effects which may be forfeited
under the enactments with which this Act is to be construed
as one, as herein-after mentioned, may be visited, seized,
and detained by any commander, officer, governor, or person
authorised by this section to seize a British vessel. |
Vessels
equipped for traffic in slaves to be deemed engaged in the slave
trade.
|
4.
Where any of the particulars mentioned in the first schedule
to this Act are found in the equipment or on board of any
vessel visited, seized, or detained in pursuance of this Act,
such vessel shall, unless the contrary be proved, be deemed
to be fitted out for the purposes of and engaged in the slave
trade, and in such case, even though the vessel is restored,
no damages shall be awarded against the seizor under this
Act in respect of such visitation, seizure, or detention,
or otherwise upon such restoration.
Provided that this section shall not extend to the vessel
of any foreign state except so far as may be consistent with
the treaty made with such state. |
Jurisdiction
of courts in regard to slave vessels, slaves, goods, and effects.
|
5.
The High Court of Admiralty of England and every Vice-Admiralty
Court in Her Majesty's dominions out of the United Kingdom
shall have jurisdiction to try and condemn or restore any
vessel, slave, goods, and effects, alleged to be seized, detained,
or forfeited, in pursuance of this Act, and on restoring the
same to award such damages in respect of the visitation, seizure,
and detention of such vessel, goods, and effects, and of any
person on board such vessel, and in respect of any act or
thing done in relation to such visitation, seizure, or detention,
or in respect of any of such matters, and in any case to make
such order as to costs as, subject to the provisions of this
Act and of any existing slave trade treaty, the court may
think just.
Provided that nothing in this section shall give to any court
any jurisdiction inconsistent with any existing slave trade
treaty over a vessel which is shown to such court to be the
vessel of any foreign state and which has not been engaged
within British jurisdiction in the slave trade, but where
any vessel of a foreign state is liable to be condemned by
a British slave court, such court shall have the same jurisdiction
as if she were a British vessel.
Each of the said courts shall have the same jurisdiction in
regard to any person who has been seized, either at sea or
on land, on the ground that he has or is suspected to have
been detained as a slave, for the purpose of the slave trade,
as the court would have under this section if he had been
so detained on board a vessel that was seized and brought
in for adjudication. |
Proceedings
upon seizure by a foreigner.
|
6.
Where any vessel or slave seized by the commander or officer
of the cruiser of any foreign state is brought in for adjudication
in a British slave court, all proceedings for the condemnation
of such vessel and slave, and the goods and effects on board
such vessel, shall be taken in the name of Her Majesty by
some person duly authorised in that behalf. |
Appointment
of judges, arbitrators, secretary, &c., to mixed courts
and commissions.
|
7.
Where any existing slave trade treaty contains provisions
for the time being in force for the appointment of any mixed
court or commission for deciding cases under such treaty,
it shall be lawful for Her Majesty from time to time to appoint
such commissioners, judges, arbitrators, secretary, registrar,
and other officers as are mentioned in such provisions.
There shall be paid to every commissioner, judge, arbitrator
secretary, registrar, and other officer so appointed, such
salary as the Treasury may from time to time direct.
In case of
the death, or sickness, or absence either on leave or from
any other lawful impediment, of any such commissioner, judge,
arbitrator, secretary, registrar, or other officer, whether
British or not, the vacancy shall be temporarily filled in
manner provided by the treaty. |
Regulations
as to powers of mixed courts.
|
8.
The regulations contained in any existing slave trade treaty
for the time being in force with respect to any mixed court
or commission, shall have effect as if they were enacted in
this Act, and such court or commission shall have all necessary
jurisdiction for the purpose of carrying into effect any treaty
referring to them, and in particular shall have jurisdiction
to try, condemn, and restore British vessels seized in pursuance
of such treaty on suspicion of being engaged in the slave
trade, and shall, for the purpose of their jurisdiction, have
the same power as any Vice-Admiralty Court in Her Majesty's
dominions has, and may accordingly take evidence, administer
oaths, summon and enforce the attendance of witnesses, and
require and enforce the production of documents in like manner
as any such court. |
Disposal
of condemned vessels.
|
9.
A vessel seized in pursuance of this Act, when condemned by
a slave court, may be taken into Her Majesty's service upon
payment of such sum as the Admiralty deem to be a proper price
for the same (which sum is in this Act called the appraised
value of such vessel), or if not so taken, shall be broken
up, and the materials thereof shall be publicly sold in separate
parts.
Provided that nothing herein shall prejudice the right of
the government of any foreign state, under any treaty, to
require such vessel to be broken up, or to take such vessel
into its service upon payment of a sum fixed in accordance
with such treaty, and any sum paid by the government of a
foreign state for a vessel taken into its service after condemnation
by a slave court shall be deemed for the purposes of this
Act to be the appraised value of the vessel. |
Disposal
of slaves.
|
10.
Where any slaves are seized in pursuance of this Act, they
shall, for the purpose only of seizure, prosecution, and condemnation,
be deemed to be property, and shall be condemned as forfeited
to the sole use of Her Majesty for the purpose only of divesting
all other right or interest therein, and shall not be treated
as slaves, but shall be provided for, pending the proceedings
for their condemnation, in such manner, and shall on condemnation
be disposed of in such manner, or delivered over to such persons,
as the court having cognizance of the case may adjudge, subject
to the regulations (if any) which are from time to time made
by the Treasury; and the Treasury may from time to time make,
alter, and revoke regulations for this purpose so that they
be consistent with any provisions in this behalf contained
in any existing slave trade treaty. |
Bounty
and other payments to seizors when British cruisers.
|
11.
Where a vessel (whether British or not) or slave, goods or
effects, seized in pursuance of this Act by any commander
or officer of any of Her Majesty's ships have been condemned
by a slave court, there shall be paid to the commander, officers,
and crew of such ship the following sums:
(1.) A slave bounty of five pounds for every slave so condemned
who is delivered over, or, if the commander of the ship so
elect, a tonnage bounty of four pounds for every ton of the
tonnage of the vessel condemned:
(2.) That part to which Her Majesty is entitled of the appraised
value of the vessel condemned, or, if such vessel was broken
up and the materials thereof publicly sold in separate parts,
of the net proceeds of such sale after deducting the charges
of prosecution:
(3.) Where the condemned vessel
(a.) was brought into port and was broken up in pursuance
of the order of the slave court, and the materials thereof
publicly sold in separate parts; or
(b.) was abandoned or destroyed prior to condemnation, and
the slave court by the decree of condemnation declared that,
after full consideration by the court of the circumstances
of the case, the seizors had satisfied the court that such
abandonment or destruction was inevitable, or otherwise under
the circumstances proper and justifiable,
a further tonnage bounty at the rate of thirty shillings for
every ton of the tonnage of the vessel; and
(4.) The net proceeds to which Her Majesty is entitled (after
deducting the charges of prosecution) of any such goods and
effects which the slave court ordered to be sold.
Where any slave
so condemned is not delivered over in consequence of death,
sickness, or other inevitable circumstances, the Treasury
may, if they think fit, pay to the seizors of such slave one
moiety of the slave bounty which would have been due in respect
of such slave if he had been delivered over. |
Bounty
and other payments where vessel, slave, or goods not seized
by cruizers.
|
12.
Where any vessel, slave, goods, or effects seized in pursuance
of this Act otherwise than by the commander or officer of
one of Her Majesty's ships, or of the cruiser of a foreign
state, have been condemned by a slave court, there shall be
paid the following sums:
(1.) Two thirds of the appraised value of the vessel or (if
the vessel was broken up and the materials thereof publicly
sold in separate parts) of the net proceeds of such sale,
and two thirds of the net proceeds of such goods and effects
(after deducting from such appraised value or net proceeds
the charges of prosecution) for the use of Her Majesty, to
such persons as the Treasury may from time to time appoint,
to be carried to the Consolidated Fund:
(2.) The remaining third part of the said appraised value
or net proceeds of the vessel and of the net proceeds of such
goods and effects to the person who lawfully seized and prosecuted
the ship, goods, and effects respectively to condemnation:
(3.) For every slave so condemned who is delivered over, a
slave bounty of five pounds to the person who prosecuted the
same to condemnation.
Where any slave so condemned is not delivered over in consequence
of death, sickness, or other inevitable circumstances, the
Treasury may, if they think fit, pay in respect of such slave
one moiety of the slave bounty which would have been due in
respect of such slave if he had been delivered over. |
Payment
of proceeds of vessels, &c. when seized by a foreign cruizer.
|
13.
Where any vessel, goods, or effects have been seized in pursuance
of this Act by the commander or officer of a cruiser of any
foreign state, and been condemned by a British slave court,
such portion of the appraised value of the vessel, or (if
the vessel was broken up and the materials thereof publicly
sold in separate parts) of the net proceeds of such sale,
and of the net proceeds of the goods and effects, as is, under
any treaty with such state, payable to the seizors, shall
be paid to such person as the Treasury may direct, to be disposed
of in accordance with such treaty.
|
Regulations
as to payment of bounty.
|
14.
In order to obtain payment of the bounty, there shall be produced
to the Treasury the following evidence, or such other evidence
as the Treasury may deem sufficient; namely,
(a.) A copy, duly certified, of the decree of condemnation
of the vessel or slave:
(b.) If any tonnage bounty is claimed, a certificate from
some person authorised for the time being to act as a registrar
of British ships of the dimensions and tonnage of the vessel:
(c.) If a slave bounty is claimed, a certificate from the
person appointed to receive the slaves of the number of slaves
condemned and delivered over.
For the purpose
of bounty the tonnage of a vessel shall be calculated and
ascertained in the like manner in which, for the time being,
the tonnage of a vessel is calculated and ascertained for
the purpose of registering the same as a British vessel, or,
if the same cannot be satisfactorily ascertained in that manner,
shall be ascertained in such manner as the Treasury may consider
satisfactory. |
Payment
by Treasury of costs, damages, and expenses.
|
15.
Where any visitation, seizure, detention, or prosecution purports
to have been made or instituted in pursuance of this Act,
the Treasury when required under any treaty shall and in any
other case may, if they think fit, pay the whole or any part
of any costs, expenses, compensation, and damages which may
have been awarded against the person making or instituting
such visitation, seizure, detention, or prosecution, or any
costs and expenses which may have been incurred in respect
of the same, or on account of any person on board any vessel
so visited, seized, or detained; but nothing in this section
shall exempt the commander or officer of the ship or other
person by whom the visitation, seizure, detention, or prosecution
was made or instituted from his liability to make good any
sum so paid when required by the Treasury so to do, and when
any such commander or officer, or other person serving under
the Admiralty, or any person serving under any other department
of the Government, is so required to make good any sum, that
sum shall, if the Treasury so direct, be deducted by the Admiralty
or other department of the Government, under whom such person
is serving, from any payment to which such commander, officer,
or person is entitled on account of salary, pay, prize, or
bounty.
|
Payment
and distribution of bounties and other sums.
27&28 Vict. c. 24
|
16.
The bounties and all other sums payable by the Treasury in
pursuance of this Act shall be paid out of moneys provided
by Parliament for the purpose.
The provisions of
"The Naval Agency and Distribution Act, 1864," shall
apply to all money payable to the commanders, officers, and
crews of Her Majesty's ships in pursuance of this Act. |
Protection
of persons authorised to seize.
|
17.
All persons authorised to make seizures under this Act shall,
in making and prosecuting any such seizure, have the benefit
of all the protection granted to persons authorised to make
seizures under any Act for the time being in force relating
to Her Majesty's customs in the United Kingdom, in like manner
as if the enactments granting such protection were herein
enacted, and in terms made applicable thereto.
|
Pendency
of suit or decree a bar to proceeding for recoveryof vessel,
damages, &c.
|
18.
In either of the following cases, namely
(a.) Where any proceeding has been instituted in any slave
court for the condemnation or restitution of any vessel, slave,
goods, or effects purporting to have been seized in pursuance
of this Act, and is still pending; or
(b.) Where any vessel, slave, goods, or effects purporting
to have been seized in pursuance of this Act, have been condemned
or restored, or any other final judgment has been pronounced
thereon by any slave court,
the pendency of such proceeding, or the condemnation or restitution,
or other final judgment thereon, as the case may be, shall
be a complete bar to every legal proceeding whatever for the
recovery of such vessel, slave, goods, or effects, or of damages
for any costs, expenses, loss, or injury sustained by any
person by or in consequence of the visitation, seizure, or
detention of such vessel, slave, goods, or effects, or of
any person on board such vessel, or by or in consequence of
any act or thing done in relation to such visitation, seizure,
or detention, or in pursuance of this Act or any existing
slave trade treaty, and may be pleaded in bar, or given in
evidence under the general issue.
|
Power
of High Court of Admiralty of England as to bounties, reviewing
and enforcing decrees, &c.
|
19.
The High Court of Admiralty of England shall have jurisdiction
to hear and determine any question arising with respect to
the right of any person to any payment in pursuance of this
Act in respect of any condemned vessel, slave, goods, or effects,
and any question of joint capture or seizure which may arise
in respect of any vessel, slave, goods, or effects seized
in pursuance of this Act, and also as well to review as to
enforce any decree, declaration, or order of any British slave
court made in pursuance of this Act.
|
Review
of taxation by Registrar of Court of Admiralty.
|
20.
The registrar of the High Court of Admiralty of England may,
on the application of any person aggrieved, or of the Treasury,
tax or review the taxation of any costs, charges, or expenses
incurred or alleged to be incurred in any proceeding taken
in any British slave court, or in any mixed commission or
court in Her Majesty's dominions, and shall for this purpose
have the same jurisdiction and powers as he has in the taxation
of any costs, charges, or expenses incurred in any proceeding
in the High Court of Admiralty.
|
Appeal
by Treasury.
|
21.
The Treasury may appeal from any decree, order, or declaration
which is made by any British slave court in pursuance of this
Act, and involves the payment by the Treasury of any bounty,
costs, expenses, compensation, damages, or other moneys in
like manner as if they were parties to the proceeding in which
such decree, order, or declaration was made.
|
Prosecution
for false evidence.
|
22.
Any person who wilfully gives false evidence in any proceeding
taken in pursuance of this Act in any slave court shall be
guilty of an offence against this Act, and shall be liable
to the like penalty as if he had been guilty of perjury, or
in a British possession, of the offence, by whatever name
called, which if committed in England would be perjury.
|
Returns
by registrars.
|
23.
The registrar of every British slave court, and if appointed
by Her Majesty, of every other slave court, shall from time
to time make returns of the cases adjudged in such court in
pursuance of this Act, at such times and in such form and
containing such particulars as may be from time to time directed
by any rule established with respect to such court under the
Vice-Admiralty Courts Act, 1863, or if there is no such rule
by Order in Council.
|
Incorporation
with unrepealed portions of 5 Geo.4. c.113.
|
24.
This Act shall be construed as one with the enactments of
the Slave Trade Act, 1824, and any enactments amending the
same, so far as they are in force at the time of the passing
of this Act, and are not repealed by this Act; and the expression
"this Act," when used in this Act, shall include
those enactments.
|
Recovery
of forfeitures under 5 Geo.4. c.113.
|
25.
All pecuniary forfeitures and penalties imposed by the said
enactments, with which this Act is to be construed as one,
may be sued for, prosecuted, and recovered in any Court of
Record or of Vice-Admiralty in any part of Her Majesty's dominions
wherein the offence was committed, or where the offender may
be, in like manner as any penalty or forfeiture incurred in
the United Kingdom under any Act for the time being in force
relating to Her Majesty's Customs, or (in the case of the
High Court of Admiralty or of a Court of Vice-Admiralty) in
like manner as any vessel seized in pursuance of this Act.
Such pecuniary penalties
and forfeitures shall, subject to the express provisions of
the said enactments, be paid and applied in like manner as
the net proceeds of a vessel seized otherwise than by the
commander or officer of one of Her Majesty's ships, or of
the cruiser of a foreign state. |
Jurisdiction
of court over offences under 5 Geo.4. c.113.
17 & 18 Vict. c.104.
|
26.
Any offence against this Act or the said enactments with which
this Act is to be construed as one, or otherwise in connexion
with the slave trade, shall for all purposes of and incidental
to the trial and punishment of a person guilty of such offence,
and all proceedings and matters preliminary and incidental
to and consequential on such trial and punishment, and for
all purposes of and incidental to the jurisdiction of any
court, constable, and officer with reference to such offence,
be deemed to have been committed either in the place in which
the offence was committed, or in the county of Middlesex,
or in any place in which the person guilty of the offence
may for the time being be, either in Her Majesty's dominions,
or in any foreign port or place in which Her Majesty has jurisdiction;
and the offence may be described in any indictment or other
document relating thereto as having been committed at the
place were it was wholly or partly committed, or as having
been committed on the high seas or out of Her Majesty's dominions,
and the venue or local description in the margin may be that
of the place in which the trial is held.
Where any such offence
is commenced at one place and completed at another, the place
at which such offence is to be deemed to have been committed
shall be either the place where the offence was commenced
or the place where the offence was completed.
Where a person being in one place is accessory to or aids
or abets in any such offence committed in another place, the
place at which such offence is to be deemed to have been committed
shall be either the place in which the offence was actually
committed or the place where the offender was at the time
of his being so accessory, aiding, or abetting.
Where it appears to any court or the judge of any court having
jurisdiction to try any such offence that the removal of an
offender charged with such offence to some other place in
Her Majesty's dominions for trial would be conducive to the
interests of justice, such court or judge may by warrant,
or instrument in the nature of a warrant, direct such removal,
and such offender may be removed and tried accordingly; and
section two hundred and sixty-eight of the Merchant Shipping
Act, 1854, shall apply to the removal of an offender under
this section in the same manner as if the term "consular
officer" in that section included the court or judge
making such warrant or instrument. |
Extension
of 33&34 Vict. c.52. to Slave Trade offences.
|
27.
Offences committed against this Act or the enactments with
which this Act is to be construed as one or otherwise in connexion
with the slave trade, whether committed on the high seas or
on land, or partly on the high seas or partly on land, shall
be deemed to be inserted in the first schedule to the Extradition
Act, 1870, and that Act, and any Act amending the same, shall
be construed accordingly.
|
Application
of Act to cases already adjudicated.
|
28.
This Act shall apply to all cases of vessels, slaves, goods,
and effects seized and adjudicated upon by any slave court,
whether before or after the passing of this Act.
|
Extension
of Act to future treaties.
|
29.
Where any treaty in relation to the slave trade is made after
the passing of this Act, by or on behalf of Her Majesty, with
any foreign state, Her Majesty may by Order in Council direct
that as from such date, not being earlier than the date of
the treaty, as may be specified in the order, such treaty
shall be deemed, and thereupon (as from the said date, or
if no date is specified as from the date of such order) such
treaty shall be deemed to be an existing slave trade treaty
within the meaning of this Act, and all the provisions of
this Act shall apply and be construed accordingly.
Her Majesty may, by the same or any subsequent order referring
to the same treaty, render the application of this Act subject
to such conditions, exceptions, and qualifications as may
be deemed expedient.
Every such order shall recite or embody the terms of the treaty
so far as they relate to the slave trade, and shall be laid
before both Houses of Parliament within six weeks after it
is made, or, if Parliament be not then sitting, within six
weeks after the then next meeting of Parliament, and shall
also be published in the London Gazette.
A treaty, whether made before or after the passing of this
Act, which ceases to be in force shall cease to be an existing
slave trade treaty within the meaning of this Act. |
Repeal
of Acts in schedule.
|
30.
The Acts specified in the second schedule to this Act are
hereby repealed.
Provided that-
(1.) All bounties and other sums purporting to have been paid
in pursuance of any enactment hereby repealed before the passing
of this Act shall be deemed to have been duly paid:
(2.) This repeal shall not affect-
(a.) Anything duly done or suffered under any enactmenhereby
repealed; or
(b.) Any right, privilege, obligation, liability, or forfeiture
acquired, accrued, or incurred under any enactment hereby
repealed; or
(c.) Any investigation, legal proceeding, or remedy in respect
of any such right, privilege, obligation, liability, or forfeiture
as aforesaid, or any legal proceeding taken or commenced under
any enactment hereby repealed; and any such investigation,
legal proceeding, and remedy may be carried on and all acts
consequential thereon done as if it had been commenced under
this Act.
|
| |
FIRST
SCHEDULE.
EQUIPMENTS WHICH ARE PRIMÂ FACIE EVIDENCE OF A VESSEL
BEING ENGAGED IN THE SLAVE TRADE.
First.- Hatches with open gratings, instead of the close hatches
which are usual in merchant vessels.
Secondly.- Divisions or bulkheads in the hold or on deck more
numerous than are necessary for vessels engaged in lawful
trade.
Thirdly.- Spare plank fitted for being laid down as a second
or slave deck.
Fourthly.- Shackles, bolts, or handcuffs.
Fifthly.- A larger quantity of water in casks or in tanks
than is requisite for the consumption of the crew of the vessel
as a merchant vessel.
Sixthly.- An extraordinary number of water casks or of other
vessels for holding liquid, unless the master shall produce
a certificate from the custom house at the place from which
he cleared outwards, stating that a sufficient security had
been given by the owners of such vessel that such extra quantity
of casks or of other vessels should only be used for the reception
of palm oil, or for other purposes of lawful commerce.
Seventhly.- A greater quantity of mess tubs or kids than are
requisite for the use of the crew of the vessel as a merchant
vessel.
Eighthly.- A boiler or other cooking apparatus of an unusual
size, and larger or fitted for being or capable of being made
larger than requisite for the use of the crew of the vessel
as a merchant vessel, or more than one boiler or other cooking
apparatus of the ordinary size.
Ninthly.- An extraordinary quantity either of rice or of the
flour of Brazil, manioc, or cassada, commonly called farinha,
of maize or of Indian corn, or of any other article of food
whatever beyond what might probably be requisite for the use
of the crew, such rice, flour, maize, Indian corn, or other
article of food not being entered on the manifest as part
of the cargo for trade.
Tenthly.- A quantity of mats or matting larger than is necessary
for the use of the crew of the vessel as a merchant vessel.
Eleventhly.- Any other equipment, article, or thing, which
is declared by any existing slave trade treaty to be primâ
facie evidence of a vessel being engaged in the slave trade.
|
|
