Legislation on the slave trade
Legislation on the slave trade


Royal NavySlave trade legislation ► Acts of Parliament

46° Georgii III. Cap. LII.

An Act to prevent the Importation of Slaves, by any of His Majesty's Subjects into any Islands, Colonies, Plantations, or Territories belonging to any Foreign Sovereign, State, or Power; and also to render more effectual a certain Order, made by His Majesty in Council on the Fifteenth Day of August One thousand eight hundred and five, for prohibiting the Importation of Slaves (except in certain Cases), into any of the Settlements, Islands, Colonies, or Plantations on the Continent of America, or in the West Indies, which have been surrendered to His Majesty's Arms during the present War; and to prevent the fitting out of Foreign Slave Ships from British Ports

[23d May 1806.]

Recital of Order in Council, dated Aug. 15, 1805, for prohibiting the Importation of Slaves into American Colonies surrendered to His Majessy in the present War, except under special Licences.

From Jan. 1, 1807, no Slaves (except in Cases after mentioned, see § 13.) shall be exported from His Majesty's Dominions to Foreign Colonies or Territories. Penalty: Forfeiture of Slaves and Ships.
'WHEREAS it is expedient to prevent the supplying the Islands, Colonies, and Territories, belonging to any Foreign Sovereign, State, or Power, with Slaves, by or on Account of any of His Majesty's Subjects, or by Means of their Ships, Capital, or Credit; and to prevent the fitting out of Foreign Slave Ships from British Ports: And whereas His Majesty by His Order in Council, bearing Date the Fifteenth Day of August One thousand eight hundred and five, was pleased to order, "That it should not be lawful, except by special Licence as therein mentioned, for any Slave or Slaves to be landed upon any of the Coasts, or imported or brought into any of the Ports, Harbours, Creeks, or Roads, or within the Limits, Jurisdictions, and Territories of any of the Settlements, Islands, Colonies, or Plantations on the Continent of America, or in the West Indies, which have been surrendered to His Majesty's Arms during the present War, until further Order, upon Pain that all Slaves so landed or brought contrary to the true Intent and Meaning of that Order, together with the Vessels bringing in the same, or from which the same should be landed, and their Cargoes, should become forfeited to His Majesty, His Heirs and Successors; but the said Order recited, that it might be expedient to permit the Annual Introduction of a limited Number of Slaves under due Regulations, for the Purpose of supplying any Waste that should take place in the Population on particular Estates, from extraordinary or unavoidable Causes, and thereby of keeping up the Cultivation of the Lands already cleared and cultivated; and it was therefore further ordered, that any Number of Slaves, not exceeding Three for every Hundred of the whole Number of Slaves in the said Settlements, Islands, Colonies, and Plantations respectively (Returns whereof were to be made from Time to Time, in pursuance of Instructions to be transmitted by One of His Majesty's Principal Secretaries of State), might be imported in each Year (provided Casualties to that Extent should appear to have taken place in the preceding Year), under Licences to be previously granted by the Governor, Lieutenant Governor, or Officer administering the Government of the said Settlements, Islands, Colonies, and Plantations, from any other of His Majesty's Colonies in the West Indies, into the said Settlements, Islands, Colonies, and Plantations; such Licence, or a Copy thereof, to be produced by the Master of the Ship on which such Slaves are laden, as his Authority for having Slaves on board destined to the said Settlement, Islands, Colonies, and Plantations: Provided always, that until the First Day of January One thousand eight hundred and seven, such limited Importation might be made from other Places than his Majesty's Colonies in the West Indies as aforesaid, and without its being necessary for the Master of the Vessel, if met with at Sea, to produce the said Licence, or a Copy thereof, as his Authority for having the Slaves destined as aforesaid on board, but subject nevertheless to such Licence being first had and obtained as aforesaid, before any Slaves should be permitted to be landed or sold from such Vessel in any of the said Settlements: And, after further reciting that special Instructions would be immediately transmitted by One of His Majesty's Principal Secretaries of State to the Governors, Lieutenant Governors, or Officers administering the Government of the said Colonies, Settlements, and Plantations respectively, containing the Regulations proper for carrying that Order into effectual Execution, directing and empowering them to grant Licences for the Importation of such limited Number of Slaves as aforesaid, subject to such Regulations as in the said Instructions would be provided, it was thereby declared to be His Majesty's further Order, that such Governor, Lieutenant Governor, or other Officer as aforesaid, should be, and they thereby were respectively authorized and empowered to grant such Licences, upon such Terms and Conditions, and s ubject to such Regulations as, in conformity to and in furtherance of the Object of such Instructions, might from Time to Time be required: And it was thereby further ordered, that the Prohibition therein before contained should not extend to prevent the importing or landing of any Slaves which should be imported into the said Colonies, Islands, and Plantations, by Licence first had for importing the same under the Hand and Seal of His Majesty's Governor, or Lieutenant Governor, or Officer administering the Government of the Colony, Settlements, or Plantations into which the said Slaves are to be imported, specifying the Ship or Vessel permitted to import the same, in Conformity with the Instructions to be received from One of His Majesty's Principal Secretaries of State as aforesaid, but that all Slaves, except such Slaves as may form Part of the Crew of any Vessel, or may be Household Servants to the Passengers therein, which should be landed without such Licence as aforesaid, and without conforming to such Regulations as should be contained therein, should, together with the Vessels bringing the same, or from which the same should be landed, and their Cargoes, become forfeited to His Majesty, His Heirs and Successors; and in case any Vessel should contain more Slaves than the Number permitted to be imported in such Vessel by any such Licence or Licences, such Number of the most valuable of the Slaves on board such Vessel (other than such Slaves as might form Part of the Crew of such Vessel, or might be Household Servants to the Passengers) as should be equal to the Excess beyond the Number mentioned in such Licence or Licences, should be forfeited to His Majesty, His Heirs and Successors, and should be selected and disposed of in such Manner as might be in that Behalf directed by any Instructions from One of His Majesty's Principal Secretaries of State, to be given to the respective Governors, Lieutenant Governors, or other Officers administering the Government of such Colonies, Settlements, and Plantations as beforesaid: And it was thereby further ordered and provided, that nothing therein contained should be extended or construed to extend to the landing, importing, or bringing in of any Slave or Slaves from or by any Vessel which by stress of Weather or by any other Peril should be driven on the Coast of any such Colonies, Settlements, or Plantations, or compelled to take refuge on such Coast, or within the Creeks and Harbours of such Colonies, Settlements, or Plantations, provided the Slave or Slaves which should be so imported, landed, or brought in as last aforesaid, should be exported to some Place or Places, other than any of the Colonies, Settlements, or Plantations to which the said Order applied, within Ten Days from the Importation, landing, or bringing in of the same, unless further detained by Stress of Weather, or provided the same should within such Ten Days be sold under the special Licence of the Governor, Lieutenant Governor, or Officer administering the Government of the Colony, Settlement, or Plantation where such Slaves might be, to such Person or Persons as under the Circumstances of his, her, or their Cases (which Circumstance should be inserted in such Special Licence) might at the Date thereof be entitled to obtain a Licence or Licences to import such Number of Slaves as he, she, or they should in and by such special Licence or Licences be permitted to purchase: And it was thereby further ordered and declared, that One third of every Forfeiture which should accrue in consequence of that Order to His Majesty, His Heirs and Successors, should be granted to the Governor, Lieutenant Governor, or Officer administering the Government of the Colony, and One third to the Party who should inform and prosecute the same:" And whereas it is expedient that the Prohibition contained in the said Order of Council should be enforced and rendered more effectual by such auxiliary Regulations and Remedies as the Authority of His Majesty in Council was insufficient to provide;' May it therefore please Your Majesty that it may be enacted; and be it 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, from and after the First Day of January One thousand eight hundred and seven, it shall not be lawful to export, transport, carry, convey, or send any Slave or Slaves (except in such special Cases as are herein-after excepted) from any Part of His Majesty's Dominions to any Island, Settlement, Colony, Plantation, Territory, or Place whatever, belonging to and under the Dominion of any Foreign Sovereign, State, or Power, the Provisions of certain Acts of Parliament made for establishing certain Free Ports in the West Indies, or any other Statute, Law, or Usage to the contrary notwithstanding; and if any Slave or Slaves shall, from and after the Day aforesaid, be so unlawfully exported, transported, carried, conveyed, or sent, or shall be embarked, put on board, or transhipped at or from any Part of His Majesty's Dominions with Intent to be so unlawfully exported, transported, carried, conveyed, or sent, all and every such Slave or Slaves, together with every Ship or Vessel in which the same shall be so exported, transported, carried, conveyed, sent, embarked, put on board, or transhipped, together with all her Boats, Guns, Tackle, Apparel, and Furniture, shall be forfeited, and shall and may be seized and prosecuted as herein-after is mentioned and provided.
British Subjects resident in His Majesty's Dominions, shall not convey or be concerned in conveying Slaves from Africa or elsewhere (except from the West India Islands in certain Cases. See §13.) to Foreign Colonies or Territories. Penalty, Forfeiture of Slaves and Ships. II. And be it further enacted by the Authority aforesaid, That, from and after the said First Day of January One thousand eight hundred and seven, it shall not be lawful to or for any of His Majesty's Subjects, or any Person or Persons resident within this United Kingdom, or any of the Islands, Colonies, Dominions, or Territories thereto belonging, to export, transport, carry, convey, or send, or cause or procure to be exported, transported, carried, conveyed, or sent, or in any Manner to aid, abet, or assist in the exporting, transporting, carrying, conveying, or sending any Slave or Slaves from Africa or elsewhere (except from His Majesty's West India Islands, in such special Cases as are herein-after expressly excepted and provided for) to any Island, Settlement, Colony, Plantation, Territory, or Place whatever, belonging to and under the Dominion of any Foreign Sovereign, State, or Power, or to ship, embark, tranship, or put on board, or cause or procure to be embarked, shipped, transshipped, or put on board, or to aid, abet or assist in the embarking, shipping, transshipping, or putting on board any Ship or vessel whatever, at Africa or elsewhere, any Slave or Slaves (except as aforesaid) with the Intent to the exporting, transporting, carrying, conveying, or sending the same to any such Foreign Island, Settlement, Colony, Plantation, or Territory or Place: And if any Slave or Slaves shall be so unlawfully exported, transported, carried, conveyed, or sent or embarked, shipped, transshipped, or put on board with such unlawful Intent as aforesaid, all and every such Slave or Slaves, and every Ship or Vessel in which the same shall be so unlawfully exported, transported, carried, conveyed, or sent, or embarked, shipped, transshipped, or put on board, together with all her Boats, Guns, Tackle, Apparel, and Furniture, so far as any of His Majesty's Subjects, or any Person or Persons resident as aforesaid, have or hath any Property, Share, or Interest therein, shall become forfeited, and shall and may be seized and prosecuted as herein-after is mentioned and provided.
Slaves imported contrary to Order in Council, into any Settlement in America, &c. surrendered to His Majesty in the present War, shall be forfeited; with the Ships. III. And be it further enacted, That if any Slave or Slaves shall be landed upon any of the Coasts, or imported or brought into any of the Ports, Harbours, Creeks, or Roads, or within the Limits, Jurisdictions, and Territories of any of the Settlements, Islands, Colonies, or Plantations on the Continent of America, or in the West Indies, which have been surrendered to His Majesty's Arms during the present War, without such Special Licence for landing, importing, and bringing the same, as in and by the said Order in Council is mentioned, having been previously obtained, contrary to the Prohibitions contained in the said Order, all and every such Slave or Slaves, together with the Ship or Vessel by or from which the same shall be so landed, imported, or brought, and all her Boats, Guns, Tackle, Apparel, and Furniture, shall become forfeited, and shall and may be seized, forfeited, and prosecuted as herein-after is mentioned and provided.
Slaves exported from or taken on board at British Ports, or in British Ships, or on British Account, in Africa or elsewhere, with Intent to be imported into any such surrendered Settlement, etc. shall be forfeited; with the Ships.

His Majesty may revoke or alter Order in Council.
IV. And be it further enacted by the Authority aforesaid, That if any Slave or Slaves shall be exported from or embarked, shipped, transshipped, or taken on board any Ship or Vessel whatever, at any Island, Settlement, Colony, Plantation, or Territory under the Dominion of His Majesty, His Heirs or Successors, or shall be exported from or embarked, shipped, transshipped, or taken on board at Africa, or on the Coast thereof, or elsewhere, in any British Ship or Vessel, or any Ship or Vessel owned or employed in Whole or in Part by any of His Majesty's Subjects, or for or on account of any of His Majesty's Subjects, in order and with Intent to be transported, carried, or conveyed to any or either of the said Settlements, Islands, Colonies, or Plantations on the Continent of America, or in the West Indies, which have been surrendered to His Majesty's Arms during the present War, and to be there imported or landed, without such special Licence as aforesaid, contrary to the said Order in Council, all and every such Slave and Slaves, together with every Ship or Vessel in or by which the same shall be so exported, embarked, shipped, transshipped, or taken on board, and all her Boats, Guns, Tackle, Apparel, and Furniture shall become forfeited, and shall and may be seized and prosecuted as herein-after is mentioned and provided: Provided always, that nothing in this Act contained shall extend or be construed to extend to prevent His Majesty, His Heirs and Successors, from revoking, annulling, varying, or altering the said Order in Council, or any of the Regulations or Instructions in regard to Special Licences therein contained, mentioned, or referred to, as to His Royal Wisdom shall from Time to Time, during the Continuance of the present War, seem meet.
Penalty for exporting or importing Slaves contrary to the Prohibitions of this Act or Order in Council, 50 l. per Slave.

Esception for Stress of Weather; Peril of the Sea; and as to Slaves transported as Convicts to Foreign Countries.
V. And be it further enacted, That if any of His Majesty's Subjects, or any Person of Persons resident within this United Kingdom, or any of the Islands, Colonies, Dominions, or Territories belonging to, or in the Possession of His Majesty, His Heirs or Successors, shall unlawfully land, import, send, transport, carry, convey, embark, ship, transship, or put or take on board, or cause or procure to be landed, imported, exported, sent, transported, carried, conveyed, embarked, shipped, transshipped, or put or taken on board, or shall be aiding, abetting, or assisting in the landing, importing, exporting, sending, transporting, carrying, conveying, embarking, shipping, transshipping, or putting or taking on board any Slave or Slaves, contrary to any of the Prohibitions in the said Order in Council, or in this Act contained, every such Person or Persons so offending, shall respectively forfeit and pay for each and every Slave so unlawfully landed, imported, exported, sent, transported, carried, conveyed, embarked, shipped, transshipped, or put or taken on board, the Sum of Fifty Pounds lawful Money of Great Britain: Provided always, that no Penalty or Forfeiture shall be incurred by any landing or importing, or transshipping or carrying of any Slave or Slaves, contrary to the said Order in Council, or to this Act, when it shall be clearly proved to the Satisfaction of the Court, before which any such Forfeiture, or any Suit for any such Penalty shall be prosecuted, that the prohibited Act entirely arose from Stress of Weather, Peril of the Sea, or other inevitable Accident, the Burden of which Proof shall in all Cases be on the Claimant or Defendant: Provided also, that nothing in this Act 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 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 Judgement 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.
British Subjects shall not employ their Ships, Capital, or Credit, in Foreign Slave Trade (except under special Licences).

Penalty, Double the Value of the Capital, &c. so employed.

All Securities void, except againit bona fide Holders.
VI. And be it further enacted, That, from and after the said First Day of January One thousand eight hundred and seven, it shall not be lawful to or for any of His Majesty's Subjects, or to or for any Person or Persons resident in this United Kingdom, or in any of the Colonies, Territories, or Dominions thereto belonging, to invest or employ any Sum or Sums of Money, or any Ship or Vessel, Goods or Effects to him or them belonging, in trading in or carrying Slaves from Africa or elsewhere, to any Settlement, Island, Colony, Plantation, Territory, or Place belonging to and under the Dominion of any Foreign Sovereign, State, or Power, or to any of the said Settlements, Islands, Colonies, or Plantations which have been surrendered to His Majesty's Arms during the present War (except such limited and licenced Trade to the latter as is by the said Order in Council, and by this present Act allowed) or knowingly or wilfully to lend or advance any Sum or Sums of Money, or to become Security in any Manner for the Loan or Advance of any Sum or Sums of Money, Goods or Effects, for the Purpose of being employed or used in any such Trade or Carriage of Slaves, except as aforesaid, or to become Guarantee or Security for any Factor or Agent to be employed in the Sale of Slaves in or for the Use or Supply of any such Foreign Settlement, Island, Colony, Plantation, Territory, or Place, or (except such limited and licenced Trade as aforesaid) in or for the Use or Supply of any of the said Settlements, Islands, Colonies, or Plantations which have been surrendered to His Majesty's Arms during the present War, or otherwise to engage as a Partner, Factor, Agent, or otherwise, directly or indirectly, in the Supplying with Slaves any such Foreign Island, Colony, Territory, or Place, or any of the said Settlements, Islands, Colonies, or Plantations which have been surrendered to His Majesty's Arms during the present War, except as before excepted; upon Pain that every Person or Persons who shall knowingly or wilfully so employ any Ship or Vessel, Goods or Effects, or so invest, employ, lend, advance, or secure any Sum or Sums of Money for any of the Purposes aforesaid, or become Guarantee or Security for any such Factor or Agent as aforesaid, or otherwise to engage as Partner, Factor, Agent, or otherwise, in supplying Slaves as aforesaid knowingly and wilfully, contrary to the true Intent and Meaning of this Prohibition, shall forfeit or pay for every such Offence Double the Value of all the Money, Ships, Vessels, Goods, and Effects so by him or them employed, lent, advanced, or Secured, to be recovered and applied as is herein-after mentioned and provided; and every Mortgage, Bond, Bill, Note, or other Security made or given for securing the Payment of any such unlawful Loan or Advance, or for any other the unlawful Purposes aforesaid, shall be absolutely null and void: (except in the Case of a bonâ fide Purchaser or Holder of any such of the said Securities as are in their Nature negociable, who may have purchased or obtained the same, without Notice that the same were made or given for or in Consideration of any of the unlawful Purposes aforesaid.
Insurances on Foreign or unlicensed Slave Trade void; and Insurer shall forfeit 500 l. VII. And be it further enacted, That, from and after the said First Day of January One thousand eight hundred and seven, if any of His Majesty's Subjects, or any Person or Persons resident within this United Kingdom, or within any of the Islands, Colonies, Dominions, or Territories thereunto belonging, shall knowingly and wilfully insure, or cause or procure to be insured, any Ship, Vessel, Slaves, Goods, or Commodities whatsoever, employed or to be employed in the trading in or carrying of Slaves from Africa or elsewhere, to any Island, Colony, Territory, or Place belonging to or under the Dominion of any Foreign Sovereign or State, or to any of the said Settlements, Islands, Colonies, or Plantations, which have been surrendered to His Majesty's Arms during the present War, (except such limited and licenced Trade to the latter as is by the said Order in Council, and this present Act allowed), any Person or Persons so insuring, or causing or procuring any such Insurance to be made, shall forfeit and pay for every such Offence the Sum of Five hundred Pounds; and every such Insurance shall be absolutely null and void.
British Subjects shall not supply, Slaves on the Coast of Africa, to Foreigners. Penalty, Forfeiture of Ship, and 100 l. by the Master. VIII. And be it further enacted, That, from and after the said First Day of January One thousand eight hundred and seven, it shall not be lawful for any British Ship or Vessel, or for her Boats, Officers, or Mariners, to be employed, used, or engaged, in or at Africa, or on any Part of the Coast thereof, directly or indirectly, in supplying with Slaves any Foreign Ship or Vessel or Factory, whatsoever or wheresoever, or any Person concerned for or on account of any Foreign Ship or Vessel or Factory, or for or on account of any Island, Colony, Plantation, or Territory belonging to or under the Dominion of any Foreign Sovereign, State or Power; and every such Ship or Vessel which shall be so employed, engaged, or used, or the Boats, Officers, or Mariners whereof, by and with the Consent and Approbation or Direction of the Owners thereof, shall be so employed, engaged, or used contrary to the true Intent and Meaning of this Act, shall, with all her Boats, Guns, Furniture, Ammunition, Tackle, and Apparel, be forfeited, and shall and may be seized and prosecuted as is herein-after mentioned and provided; and the Master or other Person having or taking the Charge and Command of such Ship or Vessel shall forfeit and pay the Sum of One hundred Pounds of lawful Money of Great Britain.
Foreign Ships intended to be employed in the African Slave Trade shall not be equipped in any Port of the United Kingdom, or the British Dominions. Penalty, Forfeiture of Ship, &c. and 100 l.

Ships not registered, or not cleared out under 39 G.3. c.80. deemed Foreign Ships.
IX. And be it further enacted, That, from and after the Expiration of One Calendar Month, to be computed from the Time of the passing of this Act, it shall not be lawful for any Foreign Ship or Vessel employed or intended to be employed in the African Slave Trade, to be fitted out, equipped, manned, or dispatched at or from any Port of this United Kingdom, or any other Part of His Majesty's Dominions, for a Voyage to Africa, whether that be the Place of immediate Destination, or such Ship or Vessel before proceeding thither is destined to touch at some other Port or Place, nor shall it be lawful for any of His Majesty's Subjects, or any other Person or Persons whatsoever, to ship, lade, or put on board in any Foreign Ship or Vessel when destined directly or indirectly to Africa, at any Port in this United Kingdom, or any other Part of His Majesty's Dominions, any Goods, Wares, Merchandize, or Commodities whatsoever, with Intent that the same shall be carried to Africa, to be there bartered for Slaves, or otherways employed in the African Slave Trade; and if any such Foreign Ship or Vessel shall be so unlawfully fitted out, equipped, manned, or dispatched, or if any Goods, Wares, Merchandize, or Commodities shall be so unlawfully shipped, laden, or put on board in any such Ship or Vessel with such Intent as aforesaid, at any Port of His Majesty's Dominions, such Ship or Vessel, with all her Boats, Guns, Tackle, Apparel, and Furniture, and all the Goods, Wares, Merchandize, and Commodities so shipped, laden, or put on board, shall be forfeited, and shall and may be seized and prosecuted as herein-after is mentioned and provided; and if any of His Majesty's Subjects, or any Person or Persons resident within His Majesty's Dominions, shall knowingly and wilfully fit out, equip, man, or dispatch any such Foreign Ship or Vessel for the Purposes aforesaid, or knowingly and wilfully furnish the same with any Goods, Wares, Merchandize, or Commodities as aforesaid, with the Intent and for the Purpose aforesaid, or be knowingly and wilfully aiding, abetting, or assisting in any such Offence, every Person or Persons so offending, aiding, abetting, or assisting, shall forfeit and pay for every such Offence the Sum of One hundred Pounds: And every Ship or Vessel shall be deemed and taken to be a Foreign Ship or Vessel for the Purposes aforesaid, although owned in Whole or in Part by British Subjects, which shall not be registered, navigated, and cleared out in such Manner as to entitle her to import Slaves into a British Colony, according to the Laws of Navigation, and to an Act made in the Thirty-ninth Year of the Reign of His present Majesty, intituled, An Act for better regulating the Manner of carrying Slaves in British Vessels from the Coast of Africa.
On British Ships clearing out for Africa, the Owner, &c. shall give Bond not to trade in Slaves to Foreign Ports.

How such Bond shall be discharged.
X. And be it further enacted, That it shall not be lawful for any Ship or Vessel clearing out from any British Port after the said First Day of January One thousand eight hundred and seven, to export, transport, carry, or convey any Slave or Slaves from Africa, or the Coast thereof, to the Islands, Colonies, Plantations, or Territories belonging to or under the Dominion of His Majesty, unless the Owner, Master, or other Person having the Charge of such Ship or Vessel shall, on her clearing out from Great Britain, or some one of the said Islands, Colonies, Plantations, or Territories, for Africa or the Coast thereof, have certified to the Collector or principal Officer of the Customs at the Port of Clearance, that the Intent of the Voyage is to take in, and to transport, carry and convey Slaves from Africa and the Coast thereof to the Islands, Colonies, Plantations, and Territories only belonging to or under the Dominion of His Majesty, and shall have entered into a Bond, in the penal Sum of One thousand Pounds, with One or more good and sufficient Sureties, to the Commissioners of the Customs in London, or to the Chief Officer of the Customs in other Ports respectively, with Condition that such Ship or Vessel shall proceed from the Coast of Africa to some Port or Place in some Island, Colony, Plantation, or Territory belonging to and under the Dominion of His Majesty, and that no Slave or Slaves which shall be taken on board the said Ship or Vessel in Africa, or on the Coast thereof, shall be landed or disposed of in any Port or Place in any Island, Colony, Plantation, or Territory belonging to or under the Dominion of any Foreign Sovereign, State, or Power, or (except with such Licence as aforesaid) in any of the aforesaid Settlements, Islands, Colonies, or Plantations which have been Surrendered to His Majesty's Arms during the present War, nor shall on any Pretence whatsoever be sold or disposed of to the Ships or Vessels of any Foreign Sovereign, State, or Power, or to any Person whatever concerned for or on account of the same, or directly or indirectly in supplying the same with Slaves, either on the Coast of Africa, or the High Seas, or any Port, Harbour, or Place wheresoever situated; and the said Bond shall not be void and discharged until the due and faithful Performance of all and every the several Conditions therein contained shall have been proved or ascertained by the Production of the Ship's Log Book and the Surgeon's Journal duly verified, and also by a Certificate or Certificates from the chief Officer of the Customs of each and every Port or Place in the Islands, Colonies, Plantations, or Territories belonging to or under the Dominion of His Majesty where the said Ship or Vessel shall have touched, setting forth that the several Injunctions herein-after contained have been duly complied with: Provided always, that the said Bond shall be void if not prosecuted within Three Years after the Return of the said Ship or Vessel.
On Arrival of British Ships from Africa at Britilh Colonies, Master shall report, declare, and prove his Compliance with this Act. XI. And be it further enacted, That when and as often as any British Ship or Vessel which shall have cleared out from any British Port after the Day last aforesaid, and which shall, during the Voyage in which she was engaged, have transported, carried, or conveyed any Slaves from Africa, or the Coast thereof, shall arrive at any Port or Place, in any Island, Colony, Plantation, or Territory belonging to or under the Dominion of His Majesty, the Master, or other Person having the Charge or Command of such Ship or Vessel, shall immediately repair to the Custom House at or nearest to the Port or Place where he shall arrive, and there give in a written Account, to the Collector or Chief Officer of the Customs, of the total Number of Slaves which he brought in the said Ship or Vessel from Africa, or the Coast thereof, and shall declare that since his Departure from thence, be hath not caused to be unshipped or landed, or sold or disposed of any Slave or Slaves in any Island, Colony, Plantation, or Territory belonging to or under the Dominion of any Foreign Sovereign or State, or into any Ship or Vessel at Sea, or otherwise, and shall confirm such Declaration by the Production of the Ship's Log Book and Surgeon's Journal, and also by producing the Surgeon and Chief Mate of such Ship or Vessel, if living, and on board the same, or if otherwise, then the Two next Officers in point of Station on board, to be examined by the said Collector or Chief Officer, on Oath (which Oath the said Collector or Chief Officer is hereby authorized and required to administer), touching the Truth and Fairness of the said Account.
On proceeding with Cargo of Slaves, or Part thereof, from the First Port of Dischare to any other Ports, Accounts of Slaves shall be taken and Certificates given from Port to Port.

Penalty on Deficiency, 50 l. per Slave. Penalty on transporting Slaves not Part of the entered Cargo; Forfeiture of Ship, &c.
'XII. And whereas it may frequently happen that the Slaves brought in any Ship or Vessel from Africa, or the Coast thereof, or some of them, may not be sold at the first Port or Place at which the Ship or Vessel shall arrive in any Island, Colony, Plantation, or Territory belonging to or under the Dominion of His Majesty;' Be it therefore further enacted, That any such Ship or Vessel, the whole Cargo of which shall not have been disposed of at the Port at which she shall first arrive in the said Islands, Colonies, Plantations, or Territories belonging to or under the Dominion of His Majesty, from Africa or the Coast thereof, shall be permitted to proceed with her Slaves, or the Remainder thereof, to such other Port or Place, Ports or Places, within any of the Islands, Colonies, Plantations, or Territories belonging to or under the Dominion of His Majesty, into which Slaves from Africa may be lawfully imported, as the Master or other Person having or taking the Charge or Command of such Ship or Vessel, shall think fit: Provided always, that at every such Port or Ports where any Slave or Slaves shall be unshipped or landed, the Master or other Person having or taking the Command of such Ship shall take from the Collector or other Chief Officer of the Customs, a Certificate of the Number of Slaves which shall have been so unshipped and landed out of his Ship or Vessel, at the said Port or Place; which Certificate, with the Account of the original Number brought from Africa, or the Coast thereof, and also an Account of the Number remaining on board, and the Journal of the Surgeon of the said Ship or Vessel, expressing the Number of Slaves who shall have died during the said Voyage, shall be by the said Master, or other Person having or taking the Charge or Command of such Ship or Vessel, exhibited to the Collector or Chief Officer of the Customs of every other Port or Place in the said Islands, Colonies, Plantations, or Territories belonging to or under the Dominion of His Majesty, at which such Ship or Vessel shall afterwards touch; and the Collector or Chief Officer of the Customs of such other Port or Place, Ports or Places, shall and he is hereby required, to compare the said Accounts; and if there shall appear to be any Deficiency in the Number of Slaves which such Master, or Person having or taking the Charge or Command of such Ship or Vessel, shall not be able lawfully to account for, every such Master or other Person shall forfeit the Sum of Fifty Pounds for every Slave which shall be so found deficient and unaccounted for: Provided always, that no such Ship or Vessel shall transport or carry away from any such Port or Place, on Pain of Forfeiture of Ship and Cargo as aforesaid, any other Slave or Slaves than such as shall have been entered, as Part of her Cargo from Africa, or the Coast thereof, in the same Voyage.
Slaves shall not be exported from one British Colony to another, till Licence obtained and Bond given that they shall not be carried to Foreign Ports.

Exception as to Negro Sailors and Fishermen; domestick Slaves attending their Masters to Sea.

Names of Slaves employed as Sailors, etc. shall be inserted in the Ship's Clearance.

Exception as to Slaves employed in any Naval or Military Service for Government.
XIII. And be it further enacted, That, from and after the said First Day of January One thousand eight hundred and seven, no Person shall embark, ship, export, or carry upon the Seas, any Slave or Slaves from any Island, Colony, Plantation, or Territory belonging to or under the Dominion of His Majesty, to any other Island, Colony, Plantation, or Territory belonging to or under the Dominion of His Majesty, in any Ship or Vessel whatever (except as before mentioned, in British Ships, from Africa or the Coast thereof), until the Owner or Exporter thereof shall make Application in Writing to the Governor of the said Island, Colony, Plantation, or Territory, or to the Collector or Chief Officer of the Customs of the Port from whence it shall be intended to export or embark the said Slave or Slaves, which said Application shall express the Number and Quality of the Slaves he shall be desirous to export, transport, carry, or convey, and the Place to which he means to carry them (such Place being always some Island, Colony, Plantation, or Territory belonging to or under the Dominion of His Majesty, into which such Slaves may be lawfully imported without any Special Licence, or else some or one of the said Settlements, Islands, Colonies, or Plantations which have surrendered to His Majesty's Arms during the present War, for importing the said Slaves into which some such Special Licence as aforesaid shall have been obtained), and until such Owner or Exporter shall obtain a Licence in Writing for the Exportation of such Slaves from such Island, Colony, Territory, or Plantation wherein such Application is made, specifying the Place of Destination; which Licence under his Hand and Seal the said Governor, Collector, or Chief Officer is hereby authorized and required to grant; but previous thereto every such Owner or Exporter shall also give Bond to His Majesty, His Heirs and Successors, in a penal Sum equal to the Sum of Fifty Pounds lawful Money of Great Britain for every Slave so to be carried, and deliver the same to the said Governor, or the Collector or Chief Officer of the Customs of the Port or Place from which such Slave or Slaves shall be carried, the Condition of which Bond shall be, that the said Owner or Proprietor shall faithfully and truly land or deliver the said Slaves at the Place to which he shall be so authorized to export or convey the same, and shall, within a Time to be in the said Condition limited, having respect therein to the ordinary Length of the said intended Voyage, produce a Certificate from the Collector or Chief Officer of the Customs of the Port or Place to which the said Slave or Slaves shall be so permitted to be exported or conveyed, or, in case there be in that Place no Collector or Chief Officer of the Customs, from Two of the most eminent British Merchants or Inhabitants, certifying that the said Slave or Slaves shall have been landed and left in the said Port or Place, Death or other Inevitable Impediment, to be proved by Oath of Two credible Witnesses, excepted; and if any such Slave or Slaves so exported, shall not be so landed and left according to the Condition of any such Bond, or such Certificate as aforesaid shall not be duly returned, the said Bond shall become forfeited, and the said Governor or Collector, or Chief Officer, may cause the same to be put in Suit, and the said Owner or Exporter shall not be relieved from the Penalty thereof but on Payment of the Sum of Fifty Pounds lawful Money as aforesaid, for every Slave not so landed or left, or not so certified to have been landed and left as aforesaid, nor shall the Party be thereby discharged from any Penalty or Forfeiture incurred by the sending or conveying such Slaves to any Foreign Territory or Place contrary to the Prohibition in this Act, or the said Order in Council contained: Provided always, that the said Bonds shall be void, unless prosecuted within Three Years from the Date thereof: Provided also, that nothing herein contained shall prevent, or be construed to prevent any Slave from being employed either in Navigation, Fishing, or any other his ordinary Business or Occupation upon the Seas: Provided also, that nothing in this Act contained shall extend, or be construed to extend, to prevent any Slave who shall be really and truly the domestick Servant of any Person residing in any Island, Colony, Plantation, or Territory belonging to or under the Dominion of His Majesty, from attending such his Owner or Master, or any Part of his Family, by Sea to any Place whatever, whether under the Dominion of His Majesty or of any Foreign Sovereign, State, or Power; but if any Slave or Slaves employed in Navigation, or any Fishermen or domestick Slave or Slaves shall be so employed, embarked, or carried in any Ship or Vessel on a Voyage from any British Island or Colony to any Foreign Colony, Plantation, or Territory, or to any other British Island or Colony, or to any of the said Settlements, Islands, Colonies, or Plantations, which have been surrendered to His Majesty's Arms during the present War, the Names and Occupations of every such Slave or Slaves (except domestick Slaves attending on the Person of any Passenger or Passengers on board, not exceeding in Number Two such Slaves for every Passenger on board) shall be inserted in or indorsed upon the Clearance or Permit to depart of such Ship or Vessel, by or in the Presence of the Collector, Comptroller, or other Chief Officer of the Customs of the Port or Place from which such Ship or Vessel shall clear outwards on any such Voyage, who shall without Fee or Reward certify under his Hand that the Slave or Slaves so embarked or carried were reported and described to him as Seamen, Fishermen, or domestick Servants, as the Case may be; and if any Slave or Slaves shall be found on board any Ship or Vessel, bound on any such Voyage as aforesaid, whose Name and Description, Names and Descriptions, shall not be inserted in or indorsed upon the Clearance or Permit, and certified as aforesaid (except as aforesaid), or who shall be untruly or fraudulently therein or thereupon described with Intent to violate or elude any of the Prohibitions or Regulations in this Act contained, all and every such Slave or Slaves shall be forfeited, and shall and may be seized and prosecuted as herein-after is mentioned and provided; and the Master or other Person having the Charge of such Ship or Vessel in which the same shall be so embarked and carried without such Certificate as aforesaid, and the Owner, Master, or other Person by whom or by whose Procurement such Slave or Slaves shall be so untruly and fraudulently described with such Intent as beforesaid, shall respectively forfeit and pay the Sum of Fifty Founds lawful Money aforesaid for every such Slave or Slaves, to be recovered and applied as herein-after is mentioned and provided: Provided also, that nothing in this Act contained shall be construed or taken to prevent any Slave or Slaves from being put on board any Ship or Vessel by the Order of His Majesty's Commander in Chief, either by Sea or Land, in any Island, Colony, Plantation, or Territory belonging to or under the Dominion of His Majesty, in order to be employed in His Majesty's Military or Naval Service, and from being by such Order so employed howsoever or wheresoever the said Service may require; any Thing herein-before contained to the contrary notwithstanding.
Governors pro tempore may act in execution of this Act. XIV. And it is hereby further enacted, That the granting of Licences, and every other Act which the Governor of any Island, Colony, Plantation, or Territory belonging to or under the Dominion of His Majesty, is by this Act directed or authorized to do or perform, may be lawfully done or performed by the Person or Persons executing pro tempore the Office or Function of Governor of any such Island, Colony, Plantation, or Territory, by Authority from His Majesty, whether under the Style and Title of Governor, Lieutenant Governor, President of the Council, or under any other Style or Title whatsoever.
Colonies surrendered during the War, if reconquered or restored, shall be deemed Foreign Colonies under this Act. XV. And be it further enacted, That if at any Time hereafter the said Settlements, Islands, Colonies, or Plantations on the Continent of America, or in the West Indies, which have been surrendered to His Majesty's Arms during the present War, or any or either of them, shall be reconquered by any of His Majesty's Enemies, or shall, pursuant to any future Treaty of Peace or otherwise, cease to be under the Dominion, or in the Possession of His Majesty, His Heirs or Successors, then and from thenceforth the said Settlements, Islands, Colonies, or Plantations, or such of them as shall be so reconquered, or pass from His Majesty's Dominion and Possession, shall for all the Purposes of this Act be deemed and taken to be Settlements, Islands, Colonies, or Plantations belonging to and under the Dominion of a Foreign Sovereign, State, or Power, as fully as if they had been within that Description at the Time of passing this Act.
Penalty of Perjury on Perfons taking false Oaths. XVI. And be it further enacted by the Authority aforesaid, That if any Person taking any Oath by this Act authorized or required to be taken, shall thereby commit wilful Perjury, or if any Person shall unlawfully procure or suborn any Person to take any Oath by this Act authorized or required to be taken, whereby such Person shall commit wilful Perjury, every such Person shall incur and suffer the like Pains and Penalties as are by Law inflicted upon Persons committing wilful and corrupt Perjury or Subornation of Perjury respectively.
Recovery and Application of Penalties.

4.G.3. c.15.
XVII. And be it further enacted, That the several pecuniary Penalties or Forfeitures imposed and inflicted by this Act, or by the said Order in Council, shall and may be sued for, prosecuted, and recovered in any Court of Record in Great Britain, or in any Court of Record or Vice Admiralty in any Part of His Majesty's Dominions wherein the Offence was committed, or in case the Offender shall be resident in any other Place, then in any Part of His Majesty's Dominions wherein such Offender may be found; and that in all Cases of Seizures of any Ships, Vessels, Slaves, Goods, or Effects for any Forfeiture under this Act, or under the said Order in Council, the same shall and may respectively he sued for, prosecuted, and recovered in any Court of Record in Great Britain, or in any Court of Record or Vice Admiralty in any Part of His Majesty's Dominions in or nearest to which such Seizures may be made, or to which such Ships or Vessels, Slaves, Goods, or Effects (if seized at Sea, or without the Limits of any British Jurisdiction) may most conveniently be carried for Trial; and all the said Penalties and Forfeitures, whether pecuniary or specific, shall go and belong to such Person and Persons, in such Shares and Proportions, and shall and may be sued for and prosecuted, tried, recovered, distributed, and applied in such and the like Manner, and by the Same Ways and Means, and Subject to the same Rules and Directions as any Penalties or Forfeitures incurred in Great Britain and in the British Colonies or Plantations, in America respectively, by force of any Act of Parliament relating to the Trade and Revenues of the said British Colonies or Plantations in America, now go and belong to, and may now be sued for, prosecuted, tried, recovered, distributed, and applied respectively in Great Britain, or in the said Colonies or Plantations respectively, under and by virtue of a certain Act of Parliament made in the Fourth Year of His present Majesty, intituled, An Act for granting certain Duties in the British Colonies and Plantations in America, for continuing, amending, and making perpetual an Act passed in the Sixth Year of the Reign of His late Majesty King George the Second, (intituled, 'An Act for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America;') for applying the Produce of such Duties, and of the Duties to arise by virtue of the said Act, towards defraying the Expences of defending, protecting, and securing the said Colonies and Plantations; for explaining an Act made in the Twenty-fifth Year of the Reign of King Charles the Second, (intituled, 'An Act for the Encouragement of the Greenland and Eastland Trades, and for the better securing the Plantation Trade;') and for altering and disallowing several Drawbacks on Exports from this Kingdom, and more effectually preventing the clandestine Conveyance of Goods to and from the said Colonies and Plantations, and improving and securing the Trade between the same and Great Britain.
Ships may be seized and prosecuted by Officers of Customs, Excise, or Navy. XVIII. And be it further enacted, That all Ships and Vessels, Slaves, Goods, and Effects that shall or may become forfeited for any Offence committed against this Act, or against the said Order in Council, 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, who, in making and prosecuting any such Seizures, shall have the Benefit of all the Provisions made by the said Act of the Fourth Year of His present Majesty, or any other Act of Parliament for the Protection of Officers seizing and prosecuting for any Offence against the said Act, or any other Act of Parliament relating to the Trade and Revenues of the British Colonies or Plantations in America.
General Issue.

Treble Costs.
XIX. And be it further enacted by the Authority aforesaid, That if any Action or Suit shall be commenced either in Great Britain or elsewhere, against any Person or Persons for any Thing done in pursuance of this Act, or of the said Order in Council, the Defendant or Defendants in such Action or Suit may plead the General Issue, and give this Act, or the said Order in Council as herein recited, and the Special Matter, in Evidence at any Trial to be had thereupon, and that the same was done in pursuance and by the Authority of this Act, or of the said Order in Council; and if it shall appear so to have been done, the Jury shall find for the Defendant or Defendants; and if the Plaintiff shall be nonsuited or discontinue his Action after the Defendant or Defendants shall have appeared, or if Judgement shall be given upon any Verdict or Demurrer against the Plaintiff, the Defendant or Defendants shall recover Treble Costs, and have the like Remedy for the same as Defendants have in other Cases by Law.


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