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they are hereby indemnified: Provided always, that no such Court shall proceed to condemn any vessel, not being British or Portuguese, the owners or master whereof shall establish to the satisfaction of such court that they are entitled to claim the protection of the flag of a state other than Great Britain or Portugal.
sons for seiz
II. And be it enacted, That no action, suit, writ, or proceed- Actions ing whatever shall be maintained or maintainable in any Court against perin the United Kingdom, or in any of Her Majesty's dominions, ing vessels colonies, or settlements out of the United Kingdom, against any engaged in person acting under such order or authority, for or on account Trade not to of being concerned in any search, detention, seizure, capture, or be maincondemnation of any vessel which shall have been found with tained. slaves on board, or equipped for the Slave Trade, or in the arrest or detention of any person found on board such vessel, or for or on account of the cargo thereof, or any act, matter, or thing done in relation to such search, detention, seizure, capture, condemnation, or arrest.
III. And be it enacted, That it shall be lawful for the High For trial of Court of Admiralty of England, and for all Courts of Vice- vessels enAdmiralty in any colonies or dominions of Her Majesty beyond gaged in the the seas, to take cognizance of and try any such Portuguese vessel, which shall be detained or captured either to the north or to the south of the equator, under any such order or authority, and any vessel which shall not establish to the satisfaction of such court that she is justly entitled to claim the protection of the flag of any state or nation, and to condemn any such vessel, and adjudge as to the slaves found therein, in like manner, and under such and the like rules and regulations, as are contained in any Act or Acts of Parliament in force in relation to the suppression of the Slave Trade by British-owned ships, as fully and effectually, to all intents and purposes, as if all the powers, authorities, and provisions contained in such Acts were repeated and re-enacted in this Act as to such High Court of Admiralty or Courts of Vice-Admiralty.
IV. And be it enacted, That every such vessel shall be sub- Circumstanject to seizure, detention, and condemnation, under any such ces under order or authority, if in the equipment of such vessel there shall be found any of the things hereinafter mentioned; namely,
which vessels are to be liable to
First-Hatches with open gratings, instead of the close seizure. 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
sold for Her
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 of an unusual size, and larger than requisite for the use of the crew of the vessel as a merchant vessel, or more than one boiler 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:
Any one or more of these several circumstances, if proved, shall be considered as prima facie evidence of the actual employment of the vessel in the transport of negroes or others, for the purpose of consigning them to slavery, and the vessel and cargo shall thereupon be condemned to the Crown, unless it be established by satisfactory evidence on the part of the master or owners, that such vessel was, at the time of her detention or capture, employed on some legal pursuit, and that such of the several things above enumerated as were found on board of such vessel at the time of her detention, or had been put on board on the voyage on which, when captured, such vessel was proceeding, were needed for legal purposes on that particular voyage.
V. And be it enacted, That any ship or vessel which shall demned to be be condemned under any such order or authority as aforesaid may be taken into Her Majesty's service, upon payment of such sum as the Lord High Admiral or the Lords Commissioners of the Admiralty shall deem a proper price for the same, or, if not so taken, shall be broken up and be entirely demolished, and the materials thereof shall be publicly sold in separate parts.
Majesty's service or broken up.
5 G. 4, c. 113;
VI. And be it enacted, That the several enactments set provisions of forth in an Act passed in the fifth year of His late Majesty King 11G4 & 1 W. George the Fourth, intituled, An Act to amend and consolidate 4, c. 55, and the Laws relating to the Abolition of the Slave Trade; and also in 1 & 2 Vict. c. an Act of first of King William the Fourth, chapter fifty-five, seized under intituled, An Act to reduce the Rate of Bounties payable upon the
47, to vessels
Seizure of Slaves; and also in an Act of the first and second of
perjury; to maintaining and providing for captured slaves pending adjudication; to condemning slaves as forfeiture to the Crown; to the manner of disposing of the slaves subsequent to adjudication; to rewarding the captors with a bounty on the vessel as well as on the slaves; to authorizing the commissioners of Her Majesty's Treasury, if to their discretion it shall seem meet, to order payment of one moiety of the bounty, where slaves may not have been condemned or delivered over in conse→ quence of death, sickness, or other inevitable circumstance; to the mode of obtaining such bounties; to authorizing the High Court of Admiralty to determine as to doubtful claims of bounty, and also on any question of joint capture; and to enforcing any decree or sentence of any Vice-Admiralty Court, shall be applied, mutatis mutandis, to seizures of vessels under this Act, in like manner, form, and effect as if all the said matters and things, and all the said powers, and penalties, provisions, enactments, and clauses, were repeated and set forth, mutatis mutandis, in
VII. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in this present session of Par- Session. liament.
5 & 6 VICTORIA, c. CXIV.
An Act to repeal so much of an Act of the Second and Third Years of Her present Majesty, for the Suppres sion of the Slave Trade, as relates to Portuguese Vessels. [12th August, 1842.]
WHEREAS in the third year of the reign of Her Majesty an 2 & 3 Vict. Act was passed, intituled, An Act for the Suppression of the c. 73. Slave Trade: And whereas it is expedient and proper that so much of the said Act as relates to Portuguese vessels should be repealed: Be it 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 so much of the said Act so much of of the third year of the reign of Her Majesty as relates to Por- recited Act as tuguese vessels shall be repealed, and so much accordingly is relates to hereby repealed, save and except in respect to such Portuguese vessels revessels as may have been or shall be seized or captured under pealed, exthe provisions of the said Act before this present Act shall have cept, &c. passed into a law, and the seizor or captor shall have had notice thereof.
this Act to
II. And be it enacted, That due means of giving to all per- Notice of the sons whom it may concern notice of the fact that this Act has passing of passed into a law shall be taken as speedily as possible by the be given by Lord High Admiral, or the Commissioners for executing the the Admioffice of Lord High Admiral of Great Britain, and by Her ralty and Majesty's Secretaries of State, or by persons under their thority.
III. And be it enacted, That the said Act of the third year duration of of the reign of Her Majesty shall in nowise continue in force and effect in respect to Portuguese vessels seized and detained on and after the first day of December, in the year one thousand eight hundred and forty-two, at the Cape of Good Hope and at Cape Horn, and at all places lying eastward of Cape Horn and westward of the Cape of Good Hope, or in respect to any Portuguese vessel seized and detained on and after the first day of February, which shall be in the year one thousand eight hundred and forty-three, at any other place whatever.
APPENDIX TO SECTION SIXTH.
Treaty between Her Majesty and the United States of
EXTRACT FROM PREAMBLE.
WHEREAS, by the Treaty concluded at Ghent on the 24th day of December, 1814, between His Britannic Majesty and the United States, an Article was agreed to and inserted, of the following tenor, viz. : "Art. X. Whereas the Traffic in Slaves is irreconcileable with the principles of humanity and justice; and whereas both His Majesty and the United States are desirous of continuing their efforts to promote its entire abolition; it is hereby agreed, that both the Contracting Parties shall use their best endeavours to accomplish so desirable an object: "—and whereas, notwithstanding the laws which have at various times been passed by the two Governments, and the efforts made to suppress it, that criminal traffic is still prosecuted and carried on and whereas Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the United States of America, are determined that, so far as may be in their power, it shall be effectually abolished.
ARTICLE VIII.-The Parties mutually stipulate, that each shall prepare, equip, and maintain in service on the Coast of Africa, a sufficient and adequate squadron, or naval force of vessels, of suitable numbers and descriptions, to carry in all not less than eighty guns, to enforce, separately and respectively, the laws, rights and obligations of each of the two countries for the suppression of the Slave Trade: the said squadrons to be independent of each other, but the two Governments stipulating nevertheless to give such orders to the officers commanding their respective forces, as shall enable them most effectually to act in concert and co-operation, upon mutual consultation, as exigencies may arise, for the attainment of the true object of this Article; copies of all such orders to be communicated by each Government to the other respectively.
APPENDIX TO SECTION SEVENTH.
Draft of Engagement with the Chiefs of Africa.
of Her Majesty's ship
on the part of Her Majesty the Queen of England and the chiefs of
of the neighbourhood, on the part of themselves and of their country, have agreed upon the following articles and conditions:
ARTICLE I.-The export of slaves to foreign countries is forever abolished in the territories of the chiefs of
; and the chiefs engage to make and proclaim a law prohibiting any of their subjects, or any person within their jurisdiction, from selling or assisting in the sale of any slave for transportation to a foreign country; and the chiefs of promise to inflict a severe punishment on any person who shall break this law. ARTICLE II.-No European, or other person whatever, shall be permitted to reside within the territory of the chiefs of for the purpose of carrying on in any way the Traffic in Slaves; and no houses, or stores, or buildings of any kind whatever, shall be erected for the purpose of Slave Trade, within the territory of the chiefs of
ARTICLE III.-If at any time it shall appear that Slave Trade has been carried on through or from the territory of the chiefs of the Slave Trade may be put down by Great Britain by force upon that territory, and British officers may seize the boats of found anywhere carrying on the Slave Trade; and the chiefs of will subject themselves to a severe act of displeasure on the part of the Queen of England.
ARTICLE IV.-The subjects of the Queen of England may always trade freely with the people of in every article they may wish to buy and sell, in all the places and ports and rivers within the territories of the chiefs of throughout the whole of their dominions; and the chiefs of
pledge themselves to show no favour, and give no privilege to the ships and traders of other countries, which they do not show to those of England.
ADDITIONAL ARTICLE I.-The slaves now held for exporta- For contintion shall be delivered up to for the purpose of being gent cas.s.
carried to a British colony, and there liberated and all the implements of Slave Trade, and the barracoons, or buildings exclusively used in the Slave Trade, shall be forthwith destroyed.
ADDITIONAL ARTICLE II.-Europeans or other persons now For continengaged in the Slave Trade, are to be expelled the country; the gent cases. houses, stores, or buildings hitherto employed as slave factories,
if not converted to lawful purposes within three months of the conclusion of this Engagement, are to be destroyed.