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Anno tricesimo Georgii III. Cap. XXXIII.
An Act to amend and continue, for a limited Time, several Acts of Parliament for regulating the shipping and carrying Slaves in British Vessels from the Coast of Africa
| Preamble. 28 Geo.3. c.54. recited From Aug. 1, 1790, no Vessel clearing out from Great Britain to carry Slaves from Africa in greater Numbers than herein specified. Vessels to be deemed of the Tonnage set forth in their Certificates of Registry. Masters of Vessels to forfeit 30 l. for every Slave exceeding the limited Number. If more than two fifths of the Slaves be Children, five of the Surplus to be deemed equal to four Slaves, &c. |
'WHEREAS an Act was made in the twenty-eighth Year of the Reign of his present Majesty, intituled, An Act to regulate, for a limited Time, the shipping and carrying Slaves in British Vessels from the Coast of Africa: And whereas it is expedient to continue the said Act, and further to regulate the shipping and carrying of Slaves in British Vessels from the Coast of Africa which, by an Act passed in the last Session of Parliament, was amended and further continued until the first Day of August: one thousand seven hundred and nienty: And whereas it is expedient to continue and amend the said last mentioned Act:' 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 it shall not be lawful for any Master or other Person taking or having the Charge or Command of any British Ship or Vessel whatever, which shall clear out from any Port of this Kingdom, from and after the first Day of August one thousand seven hundred and nienty, to have on board at any one Time, or to convey, carry, bring, or transport Slaves from the Coast of Africa to any Part beyond Sea, in any such Ship or Vessel, in any greater Number than in the Proportion of five such Slaves for every three Tons of the Burthen of such Ship or Vessel, so far as the said Ship or Vessel shall not exceed two hundred and one Tons, and moreover of one such Slave for every additional Ton of such Ship or Vessel, over and above the said Burthen of two hundred and one Tons, or Male Slaves who shall exceed four Feet four Inches in Height, in any greater Number than in the Proportion of one such Male Slave to every one Ton of the Burthen of such Ship or Vessel, so far as the said Ship or Vessel shall not exceed two hundred and one Tons, and moreover of three such Male Slaves, who shall exceed the said Height of four Feet four Inches, for every additional five Tons of such Ship or Vessel, over and above the said Burthen of two hundred and one Tons; and every such Ship or Vessel shall be deemed and taken to be of such Tonnage or Burthen as is described and set forth, in the respective Certificate of the Registry of each and every such Ship or Vessel, granted in pursuance of an Act made in the twenty-sixth Year of the Reign of his present Majesty, intituled, An Act for the further Increase and Encouragement of Shipping and Navigation; and if any such Master or other Person taking or having the Charge or Command of any such Ship or Vessel shall act contrary hereto, such Master or other Person as aforesaid shall forfeit and pay the Sum of thirty Pounds of lawful Money of Great Britain for each and every such Slave exceeding in Number the Proportions herein-before limited, one Moiety whereof shall go to his Majesty, his Heirs or Successors, and the other Moiety thereof shall go to any Person or Persons who shall first sue for the same: Provided always, That if there shall be in any such Ship or Vessel any more than two-fifth Parts of the Slaves who shall be Children, and who shall not exceed four Feet four Inches in Height, then every five such Children (over and above the aforesaid Proportion of two fifths) shall be deemed and taken to be equal to four of the said Slaves, within the true Intent and Meaning of this Act: Provided always, that nothing hierin contained shall extend, or be construed to extend, to the Case of a Ship taking on board any Number of Slaves that shall be found shipwrecked, or from on board any other Ship or Vessel where, by reason of Mutiny or Insurrection among the Slaves, or the Crew, or by Failure of Hands, or by any actual Distress of the Vessel, the Master or Commander shall be disabled from governing the Ship, or continuing the Voyage, the Proof of which shall lie upon the Master or other Person having Charge of such Ship or Vessel so taking on board such Slaves. | ||
| Masters of Vessels, before they land any Slaves in the West Indies, to declare upon Oath before the Officer of the Customs, the Burthen of the Vessel, &c, and if they land Slaves contrary hereto, to forfeit 500 l. Officer of the Customs to take an Account of the Slaves on board such Vessels, &c. on Penalty of 50 l. Where there is no Officer of the Customs, any Civil Officer to receive the Oath of the Master, &c. |
II. And be it further enacted by the Authority aforesaid, That on the Arrival of any such Ship or Vessel in any Island in the West Indies, belonging to or under the Dominion of his Majesty, his Heirs or Successors, from the Coast of Africa, carrying or conveying any such Slaves as aforesaid, the Master or other Person having or taking the Charge or Command of such Ship or Vessel shall, before any of the said Slaves shall be unshipped or landed from such Ship or Vessel, repair to the nearest Custom House, and there declare on Oath, before the Collector or other Chief Officer of the Customs (who is hereby authorised and required to administer the same) the Burthen of such Ship or Vessel, and shall at the same Time shew to such Officer the Certificate of the Registry thereof, and shall also deliver to the said Officer upon Oath (who is hereby authorised and required to administer the same) an exact and true Account of the greatest Number of such Slaves (distinguishing the Number of Males and Females, and specifying the Number of such Slaves as shall exceed the aforesaid Height of four Feet four Inches), who are or shall have been at any one Time in or on board such Ship or Vessel, before, when, or after such Ship or Vessel quitted or departed from the Coast of Africa for that Voyage; and if such Master or other Person taking or having the Charge or Command of any such Ship or Vessel shall unship or land, or shall cause to be unshipped or landed, or shall wilfully permit or suffer to be unshipped or landed, any such Slaves, contrary to the true Intent and Meaning of this Act, such Master or other Person as aforesaid shall forfeit and pay the Sum of five hundred Pounds of lawful Money of Great Britain, for every such Offence, and one Moiety of the said Forfeiture shall go to his Majesty, his Heirs or Successors, and the other Moiety shall go to the Person or Persons who shall first sue for the same; and it shall and may be lawful for such Collector, or other Chief Officer of the Customs, and he is hereby required to search, or to cause Search to be made in every Part of such Ship or Vessel, to see and to take an Account of the Number of such Slaves on board such Ship or Vessel, and to specify in such Account the Number of Males and Females, and also the Number of Slaves not exceeding four Feet four Inches in Height, and without Delay to transmit such Account, attested under his Hand and Seal, to the Commissioners of his Majesty's Customs in London, under the Penalty of five honderd Pounds: Provided always, That in case the said Collector, or other Chief Officer of the Customs shall be absent, or that there shall be no such Officer in any such Island where the said Ship shall arrive as aforefaid, or in case there shall be no other Officer of the Revenue, then any Civil Officer in the said Island shall be, and he is hereby authorised and required, upon Application as aforesaid, to administer the said Oath to such Master or other Person taking or having the Charge of such Vessel, and to receive the said Declaration of the Burthen of such Ship as aforesaid, and to perform all the other Duties aforesaid which the said Collector or other Chief Officer of the Customs is hereby required to perform. | ||
| No Vessel to carry any Slaves, unless entered for that Purpose at clearing out, and unless the Surgeon give Bond to keep a Journal of the Slaves during the Voyage; which Journal is to be delivered to the Officer of the Customs at the first British Port of Arrival, &c. Officer to deliver to the Master a Copy of his Oath, and to the Surgeon a Copy of his Journal, and transmit Duplicates to the Commissioners of the Customs. Masters or Surgeons acting contrary hereto to forfeit 100 l. |
III. And be it further enacted by the Authority aforesaid, That it shall not be lawful for the Master or other Person taking or having the Charge or Command of any Such Ship or Vessel as aforesaid, which shall be cleared out from any Port in Great Britain after the first Day of August one thousand seven hundred and ninety, to take or have on board such Ship or Vessel, or convey, carry, bring, or transport any Slaves from the Coast of Africa to any Parts beyond the Seas, in any such Ship or Vessel as aforesaid, unless such Ship or Vessel shall, at the Time of her so clearing out, have been entered for such Purpose at the Custom House of the Port from whence such Ship or Vessel cleared out, and unless the Surgeon of or belonging to such Ship or Vessel shall have given Bond to his Majesty, his Heirs and Successors, and shall have left the same in the Hands of the Collector or Comptroller of the Customs in the Port from whence such Ship or Vessel shall depart for such Voyage to the Coast of Africa, in the penal Sum of one hundred Pounds, with Condition that such Surgeon shall keep a regular and true Journal, containing an Account of the greatest Number of Slaves which shall have been at any Time during such Voyage on board such Ship or Vessel, from the Time of the Arrival of such Ship or Vessel on the Coast of Africa as aforesaid until her Arrival at the Port of her Delivery, distinguishing the Number of Males and Females, and of the Deaths of any such Slaves, or Crew of the said Ship or Vessel, and of the Cause thereof, during the Voyage, from the first Departure of the said Ship or Vessel to her Arrival on the Coast of Africa, during her Stay on the said Coast, and after her Departure from thence to the said Port of Delivery, or during such Time as such Surgeon shall have been on board such Ship or Vessel; and that the said Surgeon shall deliver such Journal to the Collector or other Officer as aforesaid, at the first British Port where such Ship or Vessel shall arrive after leaving the Coast of Africa, and shall make Oath to the Truth of such Journal, to the best of his Knowledge and Belief, before such Collector or other Officer as aforesaid, who is hereby authorised and required to administer the said Oath; and such Collector, or other Officer as aforesaid, shall deliver to such Master or other Person as aforesaid, and to such Surgeon respectively, Copies of the Oath of such Master or other Person as aforesaid, and also of the said Journal; which Copies shall severally be attested (as true Copies) by such Collector or other Officer as aforesaid under his Hand and Seal; and Duplicates of the said Copies, attested in like Manner, shall be transmitted by the said Collector, or other Chief Officer, to the Commissioners of his Majesty's Customs in London: And if such Master or Person taking or having the Charge or Command of any such Ship or Vessel, shall carry his Cargo of Slaves to, and land the Whole or any Part in, any Port or Ports not Subject to the Crown of Great Britain, and shall afterwards arrive at any British Island or Port, having delivered his Whole, or any Part of his said Cargo, such Master or other Person, and also the Surgeon of such Ship or Vessel, shall make the same Declaration, deliver in the same Journal to, and take the same Oaths before, the Collectors or other Chief Officers of the Customs, or Civil Officer of the Island or Port, and receive the same attested Certificate, in like Manner as if he had first arrived at such Island or Port; and if the said Ship or Vessel shall not arrive at any British Island or Port before her Return to Great Britain, then the said Master or other Person, and Surgeon, shall make the said Declaration, deliver in the said Journal to, and take the said Oaths before the Collector or other Chief Officer of the Customs of the Port where they shall first land (which the Collector or other Chief Officer is hereby impowered and required to receive and administer), and the said Collector or other Chief Officer shall forthwith transmit the same to the Commissioners of his Majesty's Customs in London; and if such Master or Surgeon shall act contrary hereto, such Master or Surgeon shall, for every such Offence, forfeit the Sum of one hundred Pounds, one Moiety whereof shall go to his Majesty, his Heirs or Successors, and the other Moiety thereof shall go to any Person or Persons who shall sue for the same. | ||
| If Penalty on Masters be not paid within 14 Days, their Vessel may be seized and sold. | IV. And be it further enacted by the Authority aforesaid, That in case the Master, or other Person having or taking Charge of any such Ship or Vessel, shall be convicted of any one of the said Offences beforementioned, and shall not, within the Space of fourteen Days, pay, or cause to be paid, into the Hands of the proper Officer of the Court wherein the Offence shall be prosecuted, in order that the same may be applied in Manner herein directed, the Amount of the Penalty on such Conviction, it shall and may be lawful for any Admiral, or other Commander at Sea, of any of the Ships of War, or other Ship having Commission from his Majesty, or from his Heirs or Successors, or for any Governor of any Island or Plantation to his Majesty belonging in America or the West Indies, or for any Officer or Officers of his Majesty's Customs, to seize and detain the said Ship or Vessel wherever found, and to convey the same to the Custom House nearest to the Place where she shall be found; and the Collector, or other principal Officer of the Customs at such Custom House, shall, and he is hereby required to cause every such Ship or Vessel to be sold publicly by Auction, and the Produce arising by Sale thereof to apply towards satisfying the said Penalty; and if there shall remain any Overplus, to pay the same to such Person or Persons as shall prove his, her, or their Property therin, or to his, her or their lawful Assigns. | ||
| Where Penalties may be sued for. | V. And be it further enacted by the Authority afoiresaid, That the several Penalties and Forfeitures inflicted by this Act shall and may be sued for, prosecuted, and recovered in any Court of Vice Admiralty in any Part of America, or in any Island in the West Indies, wherein any such Offence shall have been committed, or wherein any such Ship or Vessel shall have disposed of the Whole or any Part of het Cargo, or in any of his Majesty's Courts of Record at Westminster,or in the Court of Exchequer at Edinburgh. | ||
| The upper and lower Cabin, and the Space between Decks, to be allotted to the Slaves, &. | VI. And be it further enacted by the Authority aforesaid, That in every such Ship or Vessel the upper as well as the lower Cabin, and the Space between Decks, shall be allotted and properly prepared for the Reception of such Slaves; and that after any such Ship or Vessel shall have taken two-third Parts of her Complement of Slaves on board, in the Proportions herein-before limited, no Goods, Wares, or Merchandise shall ever be stowed or put in any such Cabin or Place, in which any such Slaves shall be. | ||
| If any Person take the Command of a Vessel, who is not qualified as herein directed, he and also the Owner shall forfeit 500 l. | VII. And be it further enacted by the Authority aforesaid, That, from and after the first Day of August one thousand seven hundred and ninety, it shall not be lawful for any Person to become a Master, or take or have the Command or Charge of any such Ship or Vessel, at the Time he shall clear out from any Port of Great Britain, for purchasing and carrying Slaves from the Coast of Africa, unless such Master or Person taking or having the Charge or Command of any such Ship or Vessel shall have made Oath, and delivered in to the Collector or other Chief Officer of the Customs, at the Port where such Ship or Vessel shall clear out, a Certificate, attested by the respective Owner or Owners, that he has already served in such Capacity during one Voyage, or shall have served as Chief Mate or Surgeon during the whole of two Voyages, or either as Chief or other Mate during three Voyages, in purchasing and carrying Slaves from the Coast of Africa, under Pain that such Master or other Person, taking or having the Charge or Command of any Such Ship or Vessel, and also the Owner or Owners who shall hire or employ such Person, shall for every such Offence respectively, forfeit and pay the Sum of five hundred Pounds. | ||
| No Insurance to be made against any Loss, except the Perils of the Sea, &c. | VIII. And be it further enacted by the Authority aforesaid, That, from and after the first Day of August one thousand seven hundred and ninety, it shall not be lawful for any Owner or Owners of any such Ship or Vessel to insure any Cargo of Slaves, or any Part thereof, on board the same, against any Loss or Damage, save and except the Perils of the Sea, Piracy, Insurrection, or Capture by the King's Enemies, Barratry of the Master and Crew, and Destruction by Fire; and that all and every Policy of Insurance hereafter made contrary to this Act, shall be, and the same is hereby declared to be, null and void to all Intents and Purposes whatsoever. | ||
| No Vessel to be cleared out that has not a Surgeon who has passed his Examination, &. | IX. And be it further enacted by the Authority aforesaid, That no such Ship or Vessel shall be allowed to clear out, unless it shall appear to the Collector or other principal Officer of the Customs at the Port that there is one Surgeon at least engaged to proceed on board such Ship or Vessel, and unless such Surgeon shall have produced and delivered to such Collector or other principal Officer of the Customs, a Certificate or Warrant of his having passed his Examination at Surgeons Hall, or at some Public or County Hospital, or at the Royal College of Physicians, or Royal College of Surgeons in Edinburgh, or shall have served as Surgeon or Surgeon's Mate in his Majesty's Fleet or Armies, of which Certificate or Warrant the said Collector or other principal Officer shall give to the said Surgeon an attested Copy gratis. | ||
| If the Officer at the Port of Discharge shall be satisfied that there have not died on the Voyage more than 2 Slaves in the 100, he is to give Certificates to the Master and Surgeon, and on Production thereof to the Commissioners of the Customs, they are to order the Master 100 l. and the Surgeon 50 l. Like Certificates to be given where the Mortality has not been more than three in the 100, which is to entitle the Master to 50 l. and the Surgeon to 25 l. |
X. And be it further enacted by the Authority aforesaid, That if it shall be made appear, to the Satisfaction of the Collector or other principal Officer of the Port where such Ship or Vessel shall be discharged, that there shall not have died more than in the Proportion of two Slaves in the hundred, from the Time of the Arrival of such Ship or Vessel on the Coast of Africa, to the Time of her Arrival at her Port of Discharge in any of the Islands of the West Indies belonging to, or under the Dominion of his Majesty, his Heirs or Successors, in such Case the Collector or other principal Officer shall and he is hereby authorised and required to make out Certificates, specifying the Number of Slaves that appear to have been taken on board the said Ship or Vessel, and the Number that have died within the Period above-mentioned, one of which Certificates shall be delivered to the Master, and the other to the Surgeon of such Ship or Vessel; and on Production of such Certificates the Commissioners of his Majesty's Customs in England and Scotland respectively, shall and they are hereby authorised and required to direct the Sum of one hundred Pounds to be paid to the Master, and the Sum of fifty Pounds to be paid to the Surgeon of such Ship or Vessel, out of any Money that shall be in the Hands of the Receiver General of the Customs of England and Scotland respectively; or if it shall be made appear to the Collector or other principal Officer as aforesaid, that there shall not have died more than in the Proportion of three Slaves in the hundred, from the Time of the Arrival of such Ship or Vessel on the Coast of Africa, to the Time of her Arrival at her Port of Discharge in any of the said West India Islands, in such Case the Collector or principal Officer as aforesaid shall, and he is hereby required and authorised to make out like Certificates, and to deliver one to the Master, and the other to the Surgeon of Such Ship or Vessel, and the Commissioners of the Customs in England and Scotland respectively shall, and they are hereby authorised and required, on Production of such Certificates, to direct the Sum of fifty Pounds to be paid to the Master, and the Sum of twenty-five Pounds to be paid to the Surgeon of such Ship or Vessel. | ||
| Commissioners to inquire into Losses sustained in consequence of 28 Geo.3. c.54. by Persons who have applied prior to Sept. 1, 1788. Such Persons by Aug. 1, 190, to lay before the Comrnissioners the Grounds of their Claims &c. Commissioners to determine the Amount of Losses, and report to Parliament the Compensation to be made. Commissioners to take the following Oath. |
'XI. And whereas it is just and warrantable that Compensation should be made to Individuals who may have sustained Losses in consequence of the Act made in the twenty-eighth Year of the Reign of his present Majesty, intituled, An Act to regulate, for a limited Time, the shipping and carrying Slaves in British Vessels from the Coast of Africa;' be it further enacted, That Brook Watson Esquire, Samuel Beachcroft Esquire, and William Roe Esquire, shall be, and they are hereby appointed Commissioners for the Purpose of enquiring into any Losses which may have been sustained in consequence of the aforefaid Act, by any Merchants or Owners of any Ships or Vessels engaged in the African Trade, who shall have made Application to the said Commissioners before the first Day of September one thousand seven hundred and eighty-eight; and that all Persons having made such Applications shall, on or before the first day of August one thousand seven hundred and nenety, lay before the said Commissioners full Statements of the Grounds of their respective Claims, specifying the Particulars of all the Expences, net Proceeds, Profits, or Losses attending the Voyage or Adventure in respect of which such Application shall have been made, together with all such Circumstances as shall appear to the said Commissioners necessary for their Information, in order to ascertain the Losses of the Persons so applying; and the said Commissioners, or any two of them, shall have Power to examine upon Oath, touching the Matters of the said Claims, all Persons whom the said Commissioners shall think fit, and all Persons are hereby directed and required punctually to attend the said Commissioners at such Time and Place as they shall appoint; and the said Commissioners, as soon as they shall have completed the Examination of the several Claims laid before them, shall determine the Amount of the Losses which bona fide have been sustained by any of the said Claimants, in consequence of the aforesaid Act, and which the said Claimants shall not have been able to avoid, and shall report, as soon as conveniently may be, to both Houses of Parliament, what Compensation shall appear to the said Commissioners to be reasonable to be made to such Claimants; and the said Commissioners, before they proceed to take any Step in pursuance of this Act, shall take an Oath before the Master of the Rolls for the Time being, or one of his Majesty's Justices of the Court of King's Bench or Common Pleas, or one of the Barons of the Exchequer (which they or either of them are hereby authorised and required to administer), in the Form following; (that is to say,) | ||
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| Treasury to order 2,000 l. to be issued for the Payment of Clerks, &c. | XII. And be it further enacted, That the Commissioners for executing the Office of Lord High Treasurer, or the Lord High Treasurer for the Time being, is and are hereby authorised and required to issue and cause to be paid all such Sums of Money, not exceeding two thousand Pounds, to such Person or Persons as the said Commissioners shall, by Writing under their Hands, desire or direct, out of any Part of the Publick Monies remaining in his Majesty's Exchequer; which Sum so issued and paid shall be employed for the Payment of Clerks, Messengers, and other Officers, and in defraying all other necessary Charges in or about the Execution of the Powers of this Act, and in such Manner, and in such Proportions as shall be appointed by the said Commissioners, by Writing under their Hands and Seals in that behalf; the same to be accounted for, by the Person or Persons to whom the same shall be issued and paid, according to the Course of his Majesty's Exchequer, without any Fee or other Charges to be taken or demanded for the issuing and Payment of the Same, or on the passing of the Said Accounts, other than such Sum as the said Commissioners shall appoint, and which Money so issued shall not be subject to any Tax, Duty, Rate, or Assessment whatsoever imposed by Authority of Parliament. | ||
| His Majesty to appoint to Vacancies of Commissioners during the Recess of Parliament. | XIII. And be it further enacted by the Authority aforesaid, That in case of a Vacancy or Vacancies by Death or Resignation of any one or more of the said Commissioners, during the Recess of Parliament, it shall and may be lawful for his Majesty to nominate and appoint such Person or Persons as he may think proper to supply such Vacancy or Vacancies, and that every Person so nominated and appointed shall be held and considered to be invested with all the same Powers as are delegated to the Commissioners appointed by this Act. | ||
| Before any Vessel is cleared Outwards, the Master, Officers, and Mariners, to execute Articles of Agreement, &c. in the Forms hereunto annexed; and no other Form to be used, on Penalty of 50 l. | XIV. And, for the better Regulation, Encouragement, and Preservation of the Health of the Officers and Seamen employed in Ships and Vessels trading to the Coast of Africa for Slaves, and from thence to the West Indies and America, be it enacted by the Authority aforesaid, That, from and after the first Day of August one thousand seven hundred and ninety, before any Ship or Vessel proceeds to sea, the Master, Officers, and Mariners, shall sign and execute Articles of Agreement, and a Muster Roll, in the Presence of, and witnessed by the Clearing Officer and one of the Tidesmen of the Port from whence the Ship departs; and a Duplicate of the Articles of Agreement and Muster Roll, duly signed and executed, shall be delivered to the aforesaid Clearing Officer, in order to its being lodged with the proper Officer in the Custom House, according to the Forms hereunto annexed, which Agreement shall be conclusive to all Parties for the Time contracted for; and no other Form whatsoever of Articles of Agreement or Muster Roll shall be used, under the Penalty of fifty Pounds, one Half to be paid to the Use of Greenwich Hospital, and the other Half to the Informer, or other Person who shall sue for the same in any of his Majesty's Courts of Record. | ||
| Muster Roll to be regularly kept, &c. Penalty for signing false Muster Rolls, &c. |
XV. And be it further enacted by the Authority aforesaid, That a Continuation of the Muster Roll shall be regularly and duly kept during the Voyage; also a Log Book, wherein all Penalties, Forfeitures, and Charges against any Officer or Seaman shall be regularly entered and signed by the Master, Chief Mate, and Surgeon, and delivered in upon Oath, together with the Muster Roll, on the Arrival of the Ship or Vessel at her discharging Port in Great Britain, to the Collector or other Chief Officer thereof; and if any Master, Chief Mate, or Surgeon, shall be convicted of signing false Muster Rolls, Articles of Agreement, or Log Book, he or they shall forfeit and pay the Sum of one hundred Pounds, and shall also suffer six Months Imprisonment. | ||
| No Officer, &c. to be turned over or discharged, but under the Circumstances herein mentioned. | XVI. And be it further enacted, That no Officer, Mariner, or Seaman, shall be turned over or discharged, upon any Pretence whatsoever, unless into his Majesty's Ships of War, or to assist a Ship in actual Distress, which is to be certified by the principal Officers of both Ships concerned, and an Agreement made in Writing with the said Officer or Men so lent, or upon Preferment, or under ill state of Health, with the Consent of the Party, for which a Certificate shall be given from the Captain of any of his Majesty's Ships or Vessels (if any are present), or, in their Absence, two Justices of the Peace, or the Collector and Comptroller of the Customs at the Place or Port where such Ship or Vessel shall be, or shall first arrive; which Certificate shall be returned with the Muster Roll and Log Book, on the Arrival of the Ship at her delivering Port in Great Britain. | ||
| No Slops, &c. to be supplied beyond one fourth of the monthly Wages. | XVII. And be it further enacted, That no Master, Commander, or other Person shall supply the Officers or Mariners, Seamen, or Seafaring Men, with more Slops, Tobacco, Spirits, or any other Article whatsoever, than to the Amount of one-fourth Part of the monthly Wages of such Officer, Mariner, Seaman, or Seafaring Man. | ||
| Regulations with regard to Officers, &c. behaving in a riotous seditious, or mutinous Manner. | XVIII. And be it further enacted, That if any Officer, Mariner, or Seaman, shall behave in a riotous, seditious, or mutinous Manner, it shall be lawful for the Commander or Commanding Officer to put such Officer, Mariner, or Seaman into Confinement for a Time not exceeding twenty-four Hours, before the same is reported to the Captain or Commander of any of his Majesty's Ships or Vessels (being present, or within a convenient Distance), who is hereby authorised to inquire into the Cause of such Complaint, and to examine upon Oath, if found necessary, and to grant such Relief and Remedy therein as the Circumstances of the Case may require; and in case none of his Majesty's Ships are present, the Cause of Complaint shall be fully examined into by the Master and two Officers, in the Presence of the Ship's Company; and if it shall be judged necessary for the Safety of the Ship and Cargo to continue the Offender or Offenders in Confinement, such Determination shall be drawn up in Writing, with the Reasons for coming to such Resolution stated at large, and signed by the Master and two Officers, which they are hereby enjoined, under the Penalty of fifty Pounds, to report without Delay to the Captain or Commander of the first Ship or Vessel belonging to his Majesty they may fall in with, and in default thereof to report the same to the Governor or Chief Officer of any British Fort on the Coast of Africa, or to the Governor of any of the British West India Islands, on their Arrival at any Port or Road therein, that such Measures may be taken to bring the Offender or Offenders to Justice as the Nature of the Case will admit. | ||
| Master to cause a printed Abstract of this Act, &c. to be hung up in the most publick Place in his Vessel, on Penalty of 20 l. | XIX. And be it further enacted, That the Master, or other Person having or taking the Charge or Command of every such Ship or Vessel, shall cause a printed Abstract of this Act, and also a Copy of the Schedule (A), and of the Muster Roll, respectively annexed to this Act, to be hung up and affixed to the most publick Place of such Ship or Vessel; and shall cause the same to be constantly kept and renewed, so that at all Times they may be accessible to the Officers and Seamen on board of such Ship or Vessel, upon pain that every such Master, or other Person having or taking the Charge or Command of every such Ship or Vessel, who shall neglect to affix and renew the same, shall, for every such Offence, forfeit the Sum of twenty Pounds. | ||
| If mutinous Officers, &c. be taken into Custody by Order of a Governor in Africa, or the West Indies, a Statement, upon Oath, to be lodged with the Governor, &c. and if the Master does not appear at the Tral, he shall incur such Penalty as the Court shall adjudge. | XX. And be it further enacted, That if any Officer, Mariner, or Seaman, charged with Mutiny or Sedition, shall be delivered over or taken into Custody by the Order of the Governor or Chief Officer of any Fort on the Coast of Africa, or the Governor of any of the Islands in the British West Indies, a full Statement upon Oath (which they are hereby empowered to administer) shall be made out and lodged with the said Governor, together with the Names of the Witnesses who are to support the Charge alledged against the Prisoner or Prisoners, in order to their being sent Home for Trial in the High Court of Admiralty for the Offence or Offences alledged against him or them; and in case the said Master or Commander of the said Ship or Vessel shall neglect to appear at the Trial, upon being duly summoned, or publick Notice of Trial being given in the London Gazette, he shall not only be nonsuited, but shall incur such further Penalty as the Court shall adjudge. | ||
| Officers, &c. to continue in full Pay until the Vessel is cleared inwards. Wages of Run Men to go to Greenwich Hospital, &c. |
XXI. And be it further enacted by the Authority aforesaid, That upon the Arrival of every Ship or Vessel at her discharging Port in Great Britain the Officers and Seamen therein shall be continued in full Pay and Provisions until the Ship is cleared Inwards, or their Accounts Settled and paid; and that all Wages due to Run Men shall be forfeited and paid, one half to the Use of Greenwich Hospital, and the other half to the Merchants Hospital of the Port to which such Ship belongs; and all other Forfeitures shall be applied as is specified in the Articles of Agreement, any Custom, Law, or Usage to the contrary notwithstanding. | ||
| Where Offences may be tried, and Penalties sued for. Limitation of Actions. |
XXII. And be it further enacted by the Authority aforesaid, That any Offence committed in Breach or Violation of this Act may be tried in any Court of Oyer and Terminer in any County in England wherein any such Offence shall have been committed, or in case such Offence shall have been committed in Parts beyond the Seas, then in such County within which the Ship on board which such Offence shall have been committed shall have cleared out, or in the County of Middlesex; and any Penalty or Forfeiture inflicted by this Act may be prosecuted, sued for, and recovered in any Court of Record in Great Britain; and in every such Action or Suit the Party against whom Judgment shall be given (whether Plaintiff or Defendant) shall pay Double Costs of Suit; and every such Action shall and may be brought at any Time within three Years after the Offence committed, and not afterwards; and every such Action shall be carried on without wilful Delay. | ||
| Persons taking false Oaths to incur the Pains of Perjury, &c. | XXIII. And be it further enacted by the Authority aforesaid, That if any Person, taking any Oath by this Act authorised 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 authorised 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. | ||
| Continuance of this Act. | XXIV. And be it further enacted, That this Act shall continue in force till the first Day of August one thousand seven hundred and ninety-one, and no longer, except for the Purpose of trying or suing any Person in consequence of any Offence or Offences committed in Breach or Violation of this Act, or hearing and determining upon such Causes and Claims as shall have been made or come before the Commissioners appointed by this Act, for Compensation of Losses sustained under the Regulations of and within the Time limited by this Act, or any other Act or Acts herin before mentioned. |
SCHEDULE (A.)
ARTICLES of Agreement between the Master, Officers, Mariners, Seamen, and Seafaring Men, of the Ship __________ bound from the Port of __________ upon an intended Voyage to the Coast of Africa, for __________ from thence to the West Indies or America, and afterwards to __________ in Great Britain, or to her delivering Port in Europe.
FIRST, the Master does hereby covenant, agree, and engage with the said Officers, Seamen, Seafaring Men, Landsmen, and Boys, That he will pay, or cause to be paid, to each and every of them at the Rate of the Wages per Month, Sterling Value, as against each Person's Name is expressed in the Muster Roll.
| Secondly, the said Master does further agree and engage with the said Officers, Mariners, Seamen, Seafaring Men, Landsmen, and Boys, That they shall be daily and regularly supplied with good and wholesome Victuals, and a Portion of Wine or Spirits, as hereafter specified; the said Provisions to be issued and dressed in the usual Manner in which it is done on board his Majesty's Ships of War, and served out to the Ship's Company in the Manner following; viz. to each Man on, | |
| Sunday. | One Pound and an Half of Beef, containing Sixteen Ounces to the Pound, and a Pint of Flour. |
| Monday. | One Pound of Pork, containing Sixteen Ounces to the Pound, and Half a Pint of Pease. |
| Tuesday. | One Pint of Oatmeal, and two Ounces of Butter, and four Ounces of Cheese; or, one Pound of Stock Fish, with one-eighth of a Pint of Oil, and a Quarter of a Pint of Vinegar, in lieu of Butter and Cheese. |
| Wednesday. | The same as Monday. |
| Thursday. | The same as Sunday. |
| Friday. | The same as Tuesday. |
| Saturday. | The same as Monday. |
Each Person besides to have six Pounds of Bread per Week, and a Quarter of a Pint of Spirits, or Half a Pint of Wine, together with __________ of Water, per Day, during the Voyage.
In lieu of Pease and Oatmeal may be served Rice, Indian Corn, Yams, or Calavances.
In case of being put to Short Allowance, the Master, Officers, and Seamen are to be at the same Allowance of Provisions or Water, and to be allowed Short Allowance Money, at the Rate of three-pence per Day if at two-thirds Allowance, and four-pence half-penny per Day per Man if at Half Allowance, and to be paid their Short Allowance Money ten Days before the Vessel Sails from the West Indies or America.
And it is hereby further covenanted and agreed by and between the said Parties, That the Master of the said Ship, at his or the Owners proper Cost and Charge, will hire and employ the Natives in their Craft to wood and water the said Ship during her Continuance on the Coast of Africa, if such Natives can be procured, under the Direction of a Patron belonging to the said Ship.
And it is further agreed on the Part of the said Master, That whenever the Officers and Seamen, are employed trading in Craft up the Rivers, that the said Master will on the Part of the Owners furnish the Parties so employed with a sufficient Quantity of painted Canvas, Tarpawling for an Awning, and Provisions for the Time, in the Proportion per Diem as is set forth in the foregoing Article, with proper Utensils and Fire to dress the same; and upon Failure thereof, for every such Neglect he shall forfeit double the Value of Provisions.
The said Master does further agree and engage, That there shall be a Space reserved for Half the Ship's Company to shelter themselves while the Slaves are on board; if a Frigate-built Ship, it shall be under the Half Deck; or in the Steerage, or under a standing Awning of Wood well caulked, in any other Ship or Vessel.
It is hereby further agreed by the said Master, That he will not, upon any Pretence whatsoever, turn over or discharge any of the Officers or Ship's Company belonging to the said Ship, unless on Promotion, or to assist a Ship actually in Distress, and not then, unless properly certified as before expressed in this Act; And the said Master does further agree to advance one Month's Pay to the Officers and Ship's Company before the said Ship departs from Great Britain, at the Time of settling the River or Harbour Pay, and that the monthly Wages shall commence from that Period: And it is further agreed by the said Master, that he will pay or cause to be paid one Month's Pay after the landing of the Slaves in the West Indies or America, ten Days before the sailing of the said Ship in her homeward-bound Passage; and also the said Master engages to make the general Signal for Sailing twenty-four Hours before the Departure of the said Ship, videlicet, by loosing the Fore-top Sail and firing a Gun.
And we the Officers, Mariners, Seamen, Seafaring Men, Landsmen, and Boys, in consideration of the monthly or other Wages, foregoing Stipulations, and Engagements, do severally promise and agree, and bind ourselves by these Presents to behave with due Subordination and Respect, and to obey the lawful Commands of our Commander or Superior Officers on board the said Ship, or Boats thereunto belonging, as becomes good and faithful Seamen and Mariners, and at all Places where the said Ship shall touch at, put into, or anchor, during the said Voyage, to do our utmost Endeavours for the Preservation of the said Ship and Cargo, and not to neglect or refuse doing our Duty by Night or by Day, nor go out of the said Ship on board any other Vessel, or be on Shore, under any Pretence whatsoever, without Leave first obtained of our Commander or Commanding Officer on board; and further, that we will, on no Account whatsoever, leave or desert the said Ship without the Master's Consent (unless to Serve on board any of his Majesty's Ships) till the abovesaid Voyage be ended, and the said Ship discharged, under the Forfeiture of our Wages: And we do further agree, that when absent upon Leave we will immediately repair onboard, when required so to do by our Commander, or any of our Superior Officers, on Failure whereof to forfeit for such Disobedience seven Days Pay, to be charged against our Wages for every such Offence: And we do further agree and acknowledge, that forty-eight Hours Absence without Leave shall be deemed a total Desertion from the said Ship, and our Wages forfeited as above agreed on, unless good and sufficient Cause can be assigned for such Absence.
And it is further agreed, by us the said Officers and Mariners belonging to the said Ship, That we will not demand our Wages, or any Part thereof, except the Value of a fourth Part of our Wages to be supplied in Slops or other Necessaries, and one Month's Pay with our Short Allowance Money then due, in the West Indies or America, until the Arrival of the said Ship at her delivering Port, except we should be impressed or enter on board any of his Majesty's Ships, or be discharged by mutual Consent, agreeable to the foregoing Certificate, as Specified in the Act.
And it is hereby further agreed, by us the said Officers, Mariners, Seamen, Seafaring Men, Landsmen, and Boys, That whatever Stores, Furniture, or Apparel, each or any of us receive into our Charge belonging to the said Ship, shall be accounted for; and in case any thing should be lost or damaged by our Negligence or Carelessness, it shall be made good to the Masters or Owners out of the Wages of such Officers or Seamen by whose Negligence it has happened.
SCHEDULE (B.)
| MUSTER ROLL | |||
| Officers and Men's Names | John Jones | ||
| Quality | Master | ||
| Where born | - | ||
| Age | 30 | ||
| Years at sea | 15 | ||
| Time of Entry, and place where | 5th Nov., 1785, Bristol | ||
| Time when, and Place where discharged, died, run or drowned | Died 5th January 1786, Cape Coast | ||
| Cause of Discharge, Death, or drowned | Fever | ||
| Mumber of Months and Days on board | M.2 D.- | ||
| Wages per Month | £6 0s 0d | ||
| Advance Money | £6 0s 0d | ||
| Hospital Duty | £0 2s 0d | ||
| Amount of Slops supplied | £0 0s 0d | ||
| Amount of Dead men's Cloaths | £14 16s 9½d | ||
| Amount of Short Allowance Money | £0 0s 0d | ||
| Total Amount of Wages due when discharged &c. &c. | £12 0s 0d | ||
| Amount of Run Men's Pay | £0 0s 0d | ||
FORM OF CERTIFICATE.
THESE are to certify, That the Number of Slaves that appear to have been taken on Board the Ship or Vessel called ________ laden with Slaves from the Coast of Africa [specifying what Part of the Coast she purchased her Slaves at] of the Tonnage or Burthen of [according to the Tonnage or Burthen of the said Ship or Vessel, as described and set forth in the Certificate of the Registry of the said Ship or Vessel, granted in pursuance of an Act made and passed in the twenty-fixth Year of the Reign of his present Majesty, (intituled, An Act for the further Encrease and Encouragement of Shipping and Navigation] were ________ whereof ________ (being Male Slaves) did not exceed respectively four Feet four Inches in Height; and that the Number that have died, from the Time of the Arrival of Such Ship or Vessel on the Coast of Africa, to the Time of her Arrival in this her Port of Discharge, amounts to ________ Slaves, and not more.
Custom House, ________.
dated the ________ of ________.
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