Legislation on the slave trade

► Royal Navy ► Slave trade legislation ► Acts of Parliament

1° & 2° Victoriae, cap. CII

An Act to revive and continue, until Six Months after the Commencement of the next Session of Parliament, and to amend, an Act for authorizing Her Majesty to carry into immediate Execution by Orders in Council any Treaties made for the Suppression of the Slave Trade.

[14th August 1838.]

7 W. 4. & 1 Vict. c. 62.	'WHEREAS an Act was passed in the last Session of Parliament, intituled An Act to authorize Her Majesty, until Six Months after the Commencement of the next Session of Parliament, to carry into immediate Execution, by Orders in Council, any Treaties, Conventions, or Stipulations made with, any Foreign Power or State for the Suppression of the Slave Trade: And whereas Her Majesty is at the present Time engaged in Negotiation with certain Foreign Powers for the Purpose of concluding with them such Treaties or Conventions or additional Stipulations: And whereas it may happen that during the Time when Parliament is not sitting some such Treaties or Conventions or additional Stipulations may be concluded, or, having previously been concluded, may at that Time be ratified, or, having been previously ratified, the Ratifications thereof may at that Time be exchanged, or, having been exchanged at some Spot in Foreign Parts, the Ratification of such Treaty by the Foreign State may at that Time arrive in this Country, or such Treaties, Conventions, or Stipulations, or Ratifications thereof, may arrive in this Country within so short a Period before the Prorogation of Parliament as may not allow the passing of any Act or Acts of Parliament before the Close of the Session authorizing Her Majesty to carry such Treaties or Conventions or additional Stipulations into immediate Execution: And whereas in such Case Delay would take place in carrying into execution the Stipulations of such Treaties or Conventions or additional Stipulations, and much Crime might be perpetrated during the Interval that might elapse between the Ratification of such Treaties or Conventions or Stipulations and the Time when Parliament might pass Acts authorizing the Crown to carry the same into execution: And whereas it is therefore expedient to revive and continue and amend the said Act;'
Her Majesty empowered to direct, by Orders in Council, that all Treaties, &c. concluded with Foreign Powers for the Suppression of the Slave Trade be carried into immediate Execution.	Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That it shall be lawful for Her Majesty, by any Order or Orders in Council, to direct that such Treaties or Conventions, and all Stipulations contained therein, and also all additional Stipulations to any former Treaties or Conventions which Her Majesty may have concluded or may hereafter conclude with any Foreign Power or State for the more effectual Suppression of the Slave Trade, shall be carried into immediate Execution, and for that Purpose to declare and direct in such Orders of Council that all Searches, Examinations, Detentions, Seizures, Condemnations, and Sales of Ships or Vessels detained, seized, or captured for any Violations of the Provision of any such Treaties, Conventions, or Stipulations, shall be legal; and also by any such Order or Orders in Council to establish Tribunals for the trying and deciding all Questions which may arise under such Treaties, Conventions, or Stipulations, and for the Condemnation of any such Vessels as aforesaid, and for punishing the Violation of any such Treaties, Conventions, or Stipulations, and for adjudging and enforcing the Payment of any Penalties for any such Violation, or to authorize any Tribunal which may have been heretofore established to act in relation to the enforcing such Treaties, Conventions, or Stipulations aforesaid; and also to authorize the Payment of such Bounties as are allowed in any Act or Acts of Parliament now in force, or which may be passed in this present Session of Parliament, in relation to any such Bounties for the Suppression of the Slave Trade, to the Persons detaining, seizing, or capturing any such Vessels; and it shall be lawful for Her Majesty in any such Order or Orders in Council to declare that all Clauses and Provisions, Powers and Authorities contained in, and all Penalties and Forfeitures imposed by, any Act or Acts of Parliament now in force, or which may be passed in this Session of Parliament, for the carrying into execution or giving Effect to any Treaty, Convention, or Stipulation heretofore or which may hereafter be made with any Foreign Power or State, or in any other Act or Acts of Parliament in force for the Suppression of the Slave Trade, as shall be specified or referred to in any such Order or Orders in Council, shall be applied and put in force for the Purpose of carrying into immediate Execution any such Treaty, Convention, or additional Stipulation; and upon the issuing of any such Order or Orders in Council all the Directions, Powers, and Authorities contained therein, and ail Clauses, Provisions, Powers, Authorities, Penalties, and Forfeitures referred to in any such Order or Orders, and contained in any such Act or Acts of Parliament, shall have the same and like Force and Effect; and all Acts, Matters, and Things done under the Authority thereof, and all Acts and Judgments of any Tribunals under the same, shall be valid and effectual, as fully, to all Intents and Purposes, as if the same had been enacted in or done under the Authority of an Act of Parliament.
Duration of Act.	II. And be it enacted, That this Act, and all Orders in Council issued under the Authority thereof, shall continue in force until the Expiration of Six Months after the Commencement of the next Session of Parliament.

Top↑