37

nent British merchants or inhabitants there, testifying that the Slaves have been landed and left in the said port or place of destination-(Death, or other inevitable impediment, to be proved by oath of two credible witnesses, excepted).

The penalty of not landing and leaving the Penalties, Slaves according to the condition of the Bond, or of such Certificate as aforesaid not being duly returned, is forfeiture of the said sum of fifty pounds for each Slave, in addition to all other penalties and forfeitures under this Act. Proviso: the bonds to be void, if not prosecuted Restricwithin three years from the date.

Proviso: the Act not to extend to prevent any Slave from being employed either in navigation, fishing, or any other his ordinary business or occupation upon the seas.

Proviso: the Act shall not extend to prevent any Slave, who shall be really and truly the domestic servant of any person residing in any British island or colony, from attending 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 or state.

tion and exceptions.

as to domes

tending

But in all these cases, of Slaves employed in Regulations navigation, fishermen, and domestic slaves em- tic slaves at barked either on a voyage to another British island their masor colony, or on a voyage to any foreign colony or territory, or any island, settlement, colony, or

ters, &c.

Penalties for breach thereof.

plantation which have been surrendered to his Majesty's arms during the present war, the names and occupations of every such Slave or Slaves (except domestic slaves attending on the person of any passengers on board, not exceeding two slaves for each passenger) shall be inserted in, or indorsed upon, the Clearance or Permit to depart of such ship or vessel, by or in presence of the Collector, Comptroller, or other chief officer of the Customs of the port or place from which thẹ ship or vessel clears, who shall certify under his hand that the Slaves were reported and described to him as seamen, fishermen, or domestic servants, as the case may be.

Any Slave or Slaves found on board any ship or vessel bound on any such voyage as aforesaid, whose 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, shall and may be seized and prosecuted; and the master or other person having charge of the ship or vessel in which the same shall be embarked or carried without such Certificate as aforesaid, and the owner, master, or other person, by whom or by whose procurement such Slayes shall be untruly or fraudulently described

39.

with such intent as aforesaid, shall respectively forfeit fifty pounds sterling for every such Slave.

Proviso: that nothing in this Act shall extend Exception. to prevent any Slaves 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, 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. : Sect. XIV. Governors pro tempore or exer- Sect. XIV. cising the functions of Governor, whether as Go- of colonies. vernor, Lieutenant-Governor, or President of the Council, may do all acts which the Governor is hereby empowered to do.

Governors

Sect. XV. Conquered colonies, if re-conquered, Seét. XV. to be deemed foreign under this Act.

Sect. XVI. Persons taking false oaths under Sect. XVI. this Act subject to the pains and penalties of perjury.

Sect. XVII. regulates the recovery and appli- Sect. XVII. cation of forfeitures and penalties under this Act.

and forfei

to be reco

The pecuniary penalties and forfeitures may be Penalties sued for and recovered in any Court of Record tures, where in Great Britain, or in any Court of Record or vered. Vice-Admiralty in any part of his Majesty's dominions wherein the offence was committed: or,

Penalties and forfei

in case the offender should be resident in any other place, then in any part of his Majesty's dominions wherein he may be found.

In all cases of seizures of ships, Slaves, goods, or effects, for any forfeiture under this Act, the same 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 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 be most conveniently carried for trial.

All the said penalties and forfeitures, whether tures, how to pecuniary or specific, shall go and belong to such ed, and to persons, in such shares and proportions, and may fit to accrue, be sued for, prosecuted, tried, recovered, distri

be recover

whose bene

&c.

buted, and applied, in 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 in America respectively, by force of any Act of Parliament relating to the trade and revenues of the British Colonies in America, and may be sued for, &c. in Great Britain, or in the said Colonies respectfully, under and by virtue of the Statute 4 Geo. III. cap. 15.

41

Who may

prosecute,

protected,

Sect. XVIII. All ships and vessels, Slaves*, Sect.XVIII. goods, and effects, forfeited for any offence under seize and this Act, may be seized by any officer of his and how Majesty's Customs or Excise, or by the com- &c. manders or officers of 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 in the said Act of the 4th of his Majesty, or any other Act of Parliament made 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 in America.

Sect XIX. tection to

Further pro

seizors and

Sect. XIX. Persons sued for any thing done under this Act may plead the general issue, and give the Act in evidence, &c.; and if judgment prosecutors, is given for the defendant, he shall recover treble costs, &c.

2. Abstract of the Act of 1807.

Abolition

The second of these Acts is Stat. 47 Geo. III. General cap. 36. passed 25th of March 1807, and en- Act.

* Observe, that the proceedings on condemnation of Slaves seized under this Act, or any other Act made for the abolition of the Slave Trade, and of prize Slaves, are now specially regulated under the general Abolition Act hereafter abstracted. They are to be enfranchised, and bounties paid to the captors.