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51° Georgii III. Cap. XIII.

An Act for rendering more effectual an Act made in the Forty Seventh Year of His Majesty's Reign, intituled, An Act for the Abolition of the Slave Trade

[14th May 1811.]

47 G.3. Sess.I. c.36.

Carrying on the Slave Trade, or any way engaged therein, declared Felony.

Punishment.
'WHEREAS the Two Houses of Parliament did, by their Resolutions of the Tenth and Twenty fourth Days of June One thousand eight hundred and six, severally resolve, That the African Slave Trade being contrary to the Principles of Justice, Humanity and sound Policy, they would, with all practicable Expedition, take effectual Measures for the Abolition of the same: And whereas, in conformity with the said Resolutions, and for all and each of the Reasons therein stated, the said Trade was by an Act passed in the Forty seventh Year of His present Majesty, declared to be unlawful: And whereas it hath been found that divers Persons, not deterred by the Provisions and Penalties of the said Act, do still continue to deal and trade in Slaves upon the Coast of Africa and elsewhere, and to carry them for Sale by Sea: And whereas the Commons House of Parliament, by its Resolution of the Fifteenth of June One thousand eight hundred and ten, did express its Indignation at such Practices, and did resolve speedily to take into Consideration such Measures as might tend effectually to prevent such daring Violations of the Law: And whereas it is fit that such Measures should be extended also to the effectual Abolition of the Slave Trade wheresoever it may be attempted to practice it;' Be it therefore enacted by the King'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 if any Subject or Subjects of His Majesty, or if any Person or Persons residing or being within this United Kingdom, or in any of the Islands, Colonies, Dominions, Forts, Settlements, Factories or Territories now or hereafter belonging thereto, or being in His Majesty's Occupation or Possession, or under the Government of the United Company of Merchants trading to the East Indies, shall, from and after the First Day of June next, by him or themselves, or by his or their Factors or Agents, or otherwise howsoever, carry away or remove, or aid or assist in the carrying away or removing, as a Slave or Slaves, or for the Purpose of being sold, transferred, used or dealt with as a Slave or Slaves, any Person or Persons whatsoever, from any Part of Africa, or from any other Country, Territory or Place whatsoever, either immediately, or by Transhipment at Sea or otherwise, directly or indirectly ; or shall import or bring, or aid or assist in the importing or bringing into any Island, Colony, Country, Territory or Place whatsoever, any such Person or Persons as aforesaid, for the Purpose aforesaid; or shall knowingly and wilfully ship, embark, receive, detain or confine on board any Ship, Vessel or Boat, any such Person or Persons as aforesaid, for the Purpose of his, her or their being so carried away or removed, imported or brought as aforesaid, or of being sold, transferred, used or dealt with as a Slave or Slaves; or shall knowingly and wilfully use or employ, or permit to be used or employed, or let or take to Freight or on Hire any Ship or Vessel to be used or employed in carrying away or removing, importing or bringing, or for the Purpose of carrying away or removing, importing or bringing as aforesaid, any such Person or Persons, as a Slave or Slaves, or for the Purpose of his, her or their being sold, transferred, used or dealt with as a Slave or Slaves; or shall fit out or cause to be fitted out, or shall take the Charge or Command of, or navigate, or enter and embark on board any such Ship or Vessel, as Master or Captain, Mate, Supercargo or Surgeon, knowing that such Ship or Vessel is actually employed, or is, in the same Voyage for which he or they shall so enter and embark on board, intended to be employed in carrying or removing, importing or bringing as aforesaid any such Person or Persons, as 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, and their 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.
Serving on board Ship, or underwriting Policy thereon;

Punishment.
II. Provided always, and be it further enacted by the Authority aforesaid, That if any Person or Persons shall, from and after the First Day of May next, enter or navigate, or embark on board any such Ship or Vessel used and employed, or meant and intended to be used and employed as aforesaid, as a Petty Officer, Servant or Seaman, or Petty Officers, Servants or Seamen, knowing that such is or shall be the Purpose or one of the Purposes of the Voyage, or if any Person or Persons shall underwrite, or procure to be underwritten, any Policy of Assurance upon any Ship or Vessel, or Goods, or the Freight of any Ship or Vessel employed or intended to be employed in any such Voyage, knowing that such is or shall be the Purpose or one of the Purposes of the said Voyage, he or they nevertheless shall not be deemed guilty of a Felony within the meaning of this Act, but 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.
Accessaries. III. And it is hereby further enacted and declared, That such Persons shall not be deemed to be nor shall be punished as Accessaries to Felony; any thing in this present Act to the contrary thereof notwithstanding.
Proviso for removing Slaves from one British Settlement to another, &c.

And for the Transportation to foreign Places of Slaves that have been convicted of Crimes.
IV. Provided always, and be it further enacted by the Authority aforesaid, That nothing in this Act contained shall extend, or be construed to extend, to subject any Person or Persons to the Pains and Penalties hereby imposed for exporting, removing or carrying from any present or future British Island, Colony or Settlement in the West Indies, to any other present or future British Island, Colony or Settlement in the West Indies, or from one Part of such British Island, Colony or Settlement in the West Indies, to any other Part of the same Island, Colony or Settlement, or for importing or transporting into or landing in any such Island, Colony or Settlement, any Slave or Slaves, which have been or shall be born within such Islands, Colonies or Settlements, or any Slave or Slaves which shall have been or may be lawfully imported or brought into the said Islands, Colonies or Settlements, or for removing or carrying any Slave or Slaves from one Part of any foreign Island, Colony or Settlement, to another Part of the same foreign Island, Colony or Settlement, or for transhipping and assisting at Sea any Slave or Slaves which shall be in any Ship or Vessel in Distress: Provided also, that nothing in this Act contained shall extend to prevent the Transportation to any foreign Colony or Place, of any Slave or Slaves that shall have been convicted by due course of Law in any present or future British Island or Colony, of any Crime to which the Punishment of Transportation is or shall be annexed by the Law of such Island or Colony, but in every such case a Copy of the Judgment or Sentence certified by the Court before which the Offender was convicted, shall be put on board in the Ship, or Vessel in which any such Convict shall be transported.
Proviso for Things done before certain periods. V. Provided also, and be it further enacted, That nothing hereinbefore contained shall extend, or be construed to extend, to subject any Person or Persons to the Pains and Penalties hereby imposed for any thing done or to be done in Africa, West of the Cape of Good Hope, or in the West Indies or America, to the East of Cape Horn, on or before the First Day of September next; nor for any thing done or to be done in the East Indies, the Island of Madagascar, the Ports and Places of Africa to the East of the Cape of Good Hope, the Islands of Mauritius and Bourbon, and the Islands in the East Indian Seas, on or before the First Day of January next; nor for any thing done or to be done in New Holland, the Islands in the South Seas, or the Coast of America to the West of Cape Horn, on or before the First Day of May, in the Year One thousand eight hundred and twelve; nor for any thing done or to be done in the High Seas, on board of any Ship or Vessel which hath or shall have sailed last from any Port in Great Britain or Ireland on or before the First Day of June next, or from any other Port or Place in Europe, on or before the First Day of July next; or from any Port or Place in Africa West of the Cape of Good Hope, or the West Indies, or America to the East of Cape Horn, on or before the First Day of August next; or from any Port or Place in the East Indies, Madagascar, the Islands of Mauritius and Bourbon, the Coast of Africa to the East of the Cape of Good Hope, and the Islands in the East Indian Seas, on or before the First Day of January next; or from any Port or Place in New Holland, the Islands in the South Seas, or the Coast of America to the West of Cape Horn, on or before the First Day of May in the Year One thousand eight hundred and twelve.
How Offences to be tried.

28 H.8. c.15.

33 H.8. c.23.

11&12 W.3. c.7.
VI. And be it further enacted and declared, That all Offences hereinbefore declared to be Felonies or Misdemeanors, which shall be committed in Africa, or in any Country, Territory or Place, other than this United Kingdom, or on the High Seas, or in any Port, Sea, Creek or Place, where the Admiral has Jurisdiction, shall and may be enquired of either according to the ordinary Course of Law, and the Provisions of an Act passed in the Twenty eighth Year of the Reign of King Henry the Eighth, intituled, An Act for Pirates, or according to the Provisions of an Act passed in the Thirty third Year of the Reign of King Henry the Eighth, intituled, An Act to proceed, by Commission of Oyer and Terminer, against such Persons as shall confess Treason and Felony, without remanding the same to be tried in the Shire where the Offence was committed, so far as the same Act is now unrepealed; or according to the Provisions of an Act passed in the Eleventh and Twelfth Years of the Reign of His late Majesty King William the Third, intituled, An Act passed for the more effectual Suppression of Piracy.
Former Acts in respect of Forfeitures.

46 G.3. c.52.

47 G.3. Sess.I. c.36.
VII. Provided always, and it is hereby further enacted and declared, That nothing herein contained shall be construed to repeal, annul or alter the said Act of the Forty seventh Year of His present Majesty, or an Act made in the Forty sixth Year of His present Majesty, for preventing the Importation of Slaves by any of His Majesty's Subjects, into any Islands, Colonies, Plantations or Territories belonging to any Foreign State or Power, in respect of any Forfeitures of Ships or Vessels, Cargoes, Goods or Effects, thereby respectively imposed for any Offence against the said Acts, or either of them, or the Remedies thereby given for the Recovery thereof, or in respect of any pecuniary Penalties thereby imposed; but that the said Acts shall, in all other Respects, be deemed and taken to be in full Force, except so far as the said Act of the Forty sixth Year of His present Majesty is altered or extended by the said Act of the Forty seventh Year of His said Majesty.
46 G.3. c.52. §18.

47 G.3. Sess.I. c.36. §14.

Governors and Commanders in Chief, and Persons authorized by them, may seize Vessels and other Forfeitures.

4 G.3. c.15.
'VIII. And whereas it is in and by the said Acts respectively enacted, that all Ships and Vessels, Slaves or Natives of Africa, carried, conveyed or dealt with as Slaves, and all other Goods and Effects that shall or may become forfeited for any Offence committed against the said Acts respectively, shall and may be seized by any Officer of His Majesty's Customs or Excise, or by the Commanders or Officers of any of His Majesty's Ships or Vessels of War: And whereas Ships and Vessels, Slaves, Goods and Effects, liable to Seizure and Forfeiture under the said Acts, for Offences committed on the Coast of Africa, may be safely navigated, carried or kept upon or near to the said Coast, or in the Ports, Havens or Rivers thereof, in contempt of the said Acts, by reason of the want of Officers of the Customs or Excise, or of His Majesty's Ships or Vessels of War stationed on the said Coast, or on such Parts thereof as may be visited by such Offenders;' Be it therefore further enacted by the Authority aforesaid, That it shall and may be lawful for all Governors or Persons having the Chief Command, Civil or Military, of any of the Colonies, Settlements, Forts or Factories belonging to His Majesty, or to the African Company in Africa, or any African Island, and for all Persons deputed and authorized by any such Governor or Commander in Chief, to seize and prosecute all Ships and Vessels, Slaves or Natives of Africa, carried, conveyed or dealt with as Slaves, and all Goods and Effects whatsoever that shall or may become forfeited for any Offence committed against the said Acts of Parliament, or either of them, and which shall be found upon, or near to the said Coast, or in any Port, Haven or River thereof, or within the Limits of any of the said Colonies, Settlements, Forts or Factories, which Governor or Commander in Chief, and all Persons by them so deputed and authorized, shall, in making and prosecuting any Such Seizures, have the Benefit of all the Provisions made by the Said Acts of Parliament, or by an Act of the Fourth Year of His present Majesty therein recited, or by any other Act of Parliament for the Protection of Officers seizing and prosecuting for any Offence against the said last mentioned Act, or any other Act of Parliament relating to the Trade and Revenues of the British Colonies or Plantations in America.
Persons sailing in Vessels giving Information of Offences committed not liable to Punishment.

46 G.3. c.52.

47 G.3. Sess.I. c.36.
IX. Provided also, and be it further enacted by the Authority aforesaid, That if any Person or Persons, sailing or being in the Capacity of a Petty Officer, or Petty Officer's Servant or Servants, Seaman or Seamen, on board of any Ship or Vessel fitted out for or engaged in the unlawfully carrying, removing, trading or dealing in Slaves, shall, within Three Months after the Arrival of the said Vessel at any Port belonging to His Majesty, give Information on Oath, before any competent Magistrate, against any Owner or Part Owner, or any Captain, Mate, Surgeon or Supercargo of such Ship or Vessel, who shall have committed any Offence against this Act, and shall give Evidence on Oath against such Owner or Part Owner, Captain, Mate, Surgeon and Supercargo, before any Magistrate or Court before whom such Offender may be tried; or if such Person or Persons so sailing as aforesaid, in the Capacity of a Petty Officer or Petty Officers, Mariner or Mariners, Servant or Servants, shall, within Three Months after his or their Arrival at any Port or Place not within His Majesty's Dominions, give Information to any of His Majesty's Ambassadors, Ministers Plenipotentiary, Envoys, Charges d'Affaires, Consuls, Residents or other Agents, so that any Person or Persons owning such Ship or Vessel, or navigating or taking charge of the same, as Captain, Mate, Surgeon or Supercargo, may be apprehended, such Person or Persons so giving such Information and Evidence, shall not be liable to any of the Pains or Penalties of this Act, or any Fine or other Punishment under the said Act of the Forty sixth and Forty seventh Years of His present Majesty, or either of them; but shall be wholly discharged therefrom, and His Majesty's Ambassadors, Ministers Plenipotentiary, Envoys, Charges d'Affaires, Consuls, Residents or other Agents, are hereby required to receive any such Information as aforesaid, 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 the said Port or Place.

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