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SLAVE TRADE ACT 1873

SLAVE TRADE ACT 1873 - LONG TITLE

An Act for consolidating with Amendments the Acts for carrying into
effect Treaties for the more effectual Suppression of the Slave
Trade, and for other purposes connected with the Slave Trade.
[5th August 1873]
Preamble rep. by SLR 1893 (No.2)

Short title.

SLAVE TRADE ACT 1873 - SECT 1

1. This Act may be cited as "The Slave Trade Act, 1873."

SLAVE TRADE ACT 1873 - SECT 2
Interpretation.

2. In this Act

Definitions rep. by SLR 1893 (No.2)

The term "vessel" means any vessel used in navigation:

The term "British possession" means any plantation, territory,
settlement, or place situate within Her Majesty's dominions, and not
forming part of the United Kingdom:

The term "governor" includes the officer for the time being
administering the government of any colony; and where there is a
local governor or lieutenant-governor under a governor-general, means
the local governor or lieutenant-governor...:

Definition rep. by SLR 1893 (No.2)

The term "foreign state" includes any foreign nation, people, tribe,
sovereign, prince, chief, or headman:

The term "vessel of a foreign state" means a vessel which is
justly entitled to claim the protection of the flag of a foreign
state, or which would be so entitled if she did not lose such
protection by being engaged in the slave trade:

The term "treaty" includes any convention, agreement, engagement, or
arrangement:

The term "slave trade" when used in relation to any particular
treaty does not include anything declared by such treaty not to be
comprised in the term or in such treaty:

The term "Vice-Admiralty Court" does not include any Vice-Admiralty
Court which for the time being has under its commission a limited
jurisdiction only in matters relating to the slave trade:

The term "British slave court" means the High Court of Admiralty of
England, every Vice-Admiralty Court in Her Majesty's dominions out of
the United Kingdom, and every East African Court for the time being
within the meaning of the Slave Trade (East African Courts) Act,
1873:

The term "slave court" means every British slave court, every mixed
commission or court established under any existing slave trade
treaty, and the court of any foreign state having jurisdiction to
try and condemn a vessel engaged in the slave trade:

The term "existing slave trade treaty" means a treaty made by or
on behalf of Her Majesty or Her Royal predecessors with any foreign
state for the more effectual suppression of the slave trade and in
force at the passing of this Act.

Visitation and seizure by cruisers, &c. of suspected slave ships.

SLAVE TRADE ACT 1873 - SECT 3

3. Where a vessel is, on reasonable grounds, suspected of being
engaged in or fitted out for the slave trade, it shall (subject in
the case either of the vessel of a foreign state, or of the
commander or officer of a cruiser of a foreign state, to the
limitations, restrictions, and regulations, if any, applicable thereto
contained in any existing slave trade treaty made with such state)
be lawful

(a)If the vessel is a British vessel, or is engaged in the slave
trade within British jurisdiction, or is not a vessel of a foreign
state, for any commander or officer of any of Her Majesty's ships,
for any officer bearing Her Majesty's commission in the army or
navy, for any officer of Her Majesty's customs in the United
Kingdom, Channel Islands, or Isle of Man, for the governor of a
British possession, or any person authorised by any such governor,
and for any commander or officer of any cruiser of a foreign state
authorised in pursuance of any existing slave trade treaty; and

(b)If the vessel is the vessel of a foreign state, for any
commander or officer of any of Her Majesty's ships, when duly
authorised in that behalf, in pursuance of any treaty with that
state, and for any commander or officer of any cruiser of that
foreign state,

All vessels, slaves, persons, goods, and effects which may be
forfeited under the enactments with which this Act is to be
construed as one, as herein-after mentioned, may be visited, seized,
and detained by any commander, officer, governor, or person
authorised by this section to seize a British vessel.

SLAVE TRADE ACT 1873 - SECT 4
Vessels equipped for traffic in slaves to be deemed engaged in the
slave trade.

4. Where any of the particulars mentioned in the First Schedule to
this Act are found in the equipment or on board of any vessel
visited, seized, or detained in pursuance of this Act, such vessel
shall, unless the contrary be proved, be deemed to be fitted out
for the purposes of and engaged in the slave trade, and in such
case, even though the vessel is restored, no damages shall be
awarded against the seizor under this Act in respect of such
visitation, seizure, or detention, or otherwise upon such restoration.

Provided that this section shall not extend to the vessel of any
foreign state except so far as may be consistent with the treaty
made with such state.

Jurisdiction of courts in regard to slave vessels, slaves, goods,
and effects.

SLAVE TRADE ACT 1873 - SECT 5

5. The High Court of Admiralty of England... shall have jurisdiction
to try and condemn or restore any vessel, slave, goods, and
effects, alleged to be seized, detained, or forfeited, in pursuance
of this Act, and on restoring the same to award such damages in
respect of the visitation, seizure, and detention of such vessel,
goods, and effects, and of any person on board such vessel, and in
respect of any act or thing done in relation to such visitation,
seizure, or detention, or in respect of any of such matters, and
in any case to make such order as to costs as, subject to the
provisions of this Act and of any existing slave trade treaty, the
court may think just.

Provided that nothing in this section shall give to any court any
jurisdiction inconsistent with any existing slave trade treaty over a
vessel which is shown to such court to be the vessel of any
foreign state and which has not been engaged within British
jurisdiction in the slave trade, but where any vessel of a foreign
state is liable to be condemned by a British slave court, such
court shall have the same jurisdiction as if she were a British
vessel.

Each of the said courts shall have the same jurisdiction in regard
to any person who has been seized, either at sea or on land, on
the ground that he has or is suspected to have been detained as a
slave, for the purpose of the slave trade, as the court would have
under this section if he had been so detained on board a vessel
that was seized and brought in for adjudication.

SLAVE TRADE ACT 1873 - SECT 6
Proceedings upon seizure by a foreigner.

6. Where any vessel or slave seized by the commander or officer of
the cruiser of any foreign state is brought in for adjudication in
a British slave court, all proceedings for the condemnation of such
vessel and slave, and the goods and effects on board such vessel,
shall be taken in the name of Her Majesty by some person duly
authorised in that behalf.

Appointment of judges, arbitrators, secretary, &c. to mixed courts
and commissions.

SLAVE TRADE ACT 1873 - SECT 7

7. Where any existing slave trade treaty contains provisions for the
time being in force for the appointment of any mixed court or
commission for deciding cases under such treaty, it shall be lawful
for Her Majesty from time to time to appoint such commissioners,
judges, arbitrators, secretary, registrar, and other officers as are
mentioned in such provisions.

There shall be paid to every commissioner, judge, arbitrator,
secretary, registrar, and other officer so appointed, such salary as
the Treasury may from time to time direct.

In case of the death, or sickness, or absence either on leave or
from any other lawful impediment, of any such commissioner, judge,
arbitrator, secretary, registrar, or other officer, whether British or
not, the vacancy shall be temporarily filled in manner provided by
the treaty.

SLAVE TRADE ACT 1873 - SECT 8
Regulations as to powers of mixed courts.

8. The regulations contained in any existing slave trade treaty for
the time being in force with respect to any mixed court or
commission, shall have effect as if they were enacted in this Act,
and such court or commission shall have all necessary jurisdiction
for the purpose of carrying into effect any treaty referring to
them, and in particular shall have jurisdiction to try, condemn, and
restore British vessels seized in pursuance of such treaty on
suspicion of being engaged in the slave trade, and shall, for the
purpose of their jurisdiction, have the same power as any
Vice-Admiralty Court in Her Majesty's dominions has, and may
accordingly take evidence, administer oaths, summon and enforce the
attendance of witnesses, and require and enforce the production of
documents in like manner as any such court.

Disposal of condemned vessels.

SLAVE TRADE ACT 1873 - SECT 9

9. A vessel seized in pursuance of this Act, when condemned by a
slave court, may be taken into Her Majesty's service upon payment
of such sum as the Admiralty deem to be a proper price for the
same (which sum is in this Act called the appraised value of such
vessel), or if not so taken, shall be broken up, and the materials
thereof shall be publicly sold in separate parts.

Provided that nothing herein shall prejudice the right of the
government of any foreign state, under any treaty, to require such
vessel to be broken up, or to take such vessel into its service
upon payment of a sum fixed in accordance with such treaty, and
any sum paid by the government of a foreign state for a vessel
taken into its service after condemnation by a slave court shall be
deemed for the purposes of this Act to be the appraised value of
the vessel.

SLAVE TRADE ACT 1873 - SECT 10
Disposal of slaves.

10. Where any slaves are seized in pursuance of this Act, they
shall, for the purpose only of seizure, prosecution, and
condemnation, be deemed to be property, and shall be condemned as
forfeited to the sole use of Her Majesty for the purpose only of
divesting all other right or interest therein, and shall not be
treated as slaves, but shall be provided for, pending the
proceedings for their condemnation, in such manner, and shall on
condemnation be disposed of in such manner, or delivered over to
such persons, as the court having cognizance of the case may
adjudge, subject to the regulations (if any) which are from time to
time made by the Treasury; and the Treasury may from time to time
make, alter, and revoke regulations for this purpose so that they
be consistent with any provisions in this behalf contained in any
existing slave trade treaty.

Bounty and other payments to seizors when British cruisers.

SLAVE TRADE ACT 1873 - SECT 11

11. Where a vessel (whether British or not) or slave, goods or
effects, seized in pursuance of this Act by any commander or
officer of any one of Her Majesty's ships, have been condemned by
a slave court, there shall be paid to the commander, officers, and
crew of such ship the following sums:

(1)A slave bounty of five pounds for every slave so condemned who
is delivered over, or, if the commander of the ship so elect, a
tonnage bounty of four pounds for every ton of the tonnage of the
vessel condemned:

(2)That part to which Her Majesty is entitled of the appraised
value of the vessel condemned, or, if such vessel was broken up
and the materials thereof publicly sold in separate parts, of the
net proceeds of such sale after deducting the charges of
prosecution:

(3)Where the condemned vessel

(a)was brought into port and was broken up in pursuance of the
order of the slave court, and the materials thereof publicly sold
in separate parts; or

(b)was abandoned or destroyed prior to condemnation, and the slave
court by the decree of condemnation declared that, after full
consideration by the court of the circumstances of the case, the
seizors had satisfied the court that such abandonment or destruction
was inevitable, or otherwise under the circumstances proper and
justifiable,

(3)a further tonnage bounty at the rate of [#1.50] for every ton
of the tonnage of the vessel; and

(4)The net proceeds to which Her Majesty is entitled (after
deducting the charges of prosecution) of any such goods and effects
which the slave court ordered to be sold.

Where any slave so condemned is not delivered over in consequence
of death, sickness, or other inevitable circumstances, the Treasury
may, if they think fit, pay to the seizors of such slave one
moiety of the slave bounty which would have been due in respect of
such slave if he had been delivered over.

SLAVE TRADE ACT 1873 - SECT 12
Bounty and other payments where vessel, slave, or goods not seized
by cruisers.

12. Where any vessel, slave, goods, or effects seized in pursuance
of this Act otherwise than by the commander or officer of one of
Her Majesty's ships, or of the cruiser of a foreign state, have
been condemned by a slave court, there shall be paid the following
sums:

(1)Two thirds of the appraised value of the vessel or (if the
vessel was broken up and the materials thereof publicly sold in
separate parts) of the net proceeds of such sale, and two thirds
of the net proceeds of such goods and effects (after deducting from
such appraised value or net proceeds the charges of prosecution) for
the use of Her Majesty, to such persons as the Treasury may from
time to time appoint, to be carried to the Consolidated Fund:

(2)The remaining third part of the said appraised value or net
proceeds of the vessel and of the net proceeds of such goods and
effects to the person who lawfully seized and prosecuted the ship,
goods, and effects respectively to condemnation:

(3)For every slave so condemned who is delivered over, a slave
bounty of five pounds to the person who prosecuted the same to
condemnation.

Where any slave so condemned is not delivered over in consequence
of death, sickness, or other inevitable circumstances, the Treasury
may, if they think fit, pay in respect of such slave one moiety
of the slave bounty which would have been due in respect of such
slave if he had been delivered over.

SLAVE TRADE ACT 1873 - SECT 13
Payment of proceeds of vessels, &c. when seized by a foreign
cruiser.

13. Where any vessel, goods, or effects have been seized in
pursuance of this Act by the commander or officer of a cruiser of
any foreign state, and been condemned by a British slave court,
such portion of the appraised value of the vessel, or (if the
vessel was broken up and the materials thereof publicly sold in
separate parts) of the net proceeds of such sale, and of the net
proceeds of the goods and effects, as is, under any treaty with
such state, payable to the seizors, shall be paid to such person
as the Treasury may direct, to be disposed of in accordance with
such treaty.

SLAVE TRADE ACT 1873 - SECT 14
Regulations as to payment of bounty.

14. In order to obtain payment of the bounty, there shall be
produced to the Treasury the following evidence, or such other
evidence as the Treasury may deem sufficient; namely,

(a)A copy, duly certified, of the decree of condemnation of the
vessel or slave:

(b)If any tonnage bounty is claimed, a certificate from some person
authorised for the time being to act as a registrar of British
ships of the dimensions and tonnage of the vessel:

(c)If a slave bounty is claimed, a certificate from the person
appointed to receive the slaves of the number of slaves condemned
and delivered over.

For the purpose of bounty the tonnage of a vessel shall be
calculated and ascertained in the like manner in which, for the
time being, the tonnage of a vessel is calculated and ascertained
for the purpose of registering the same as a British vessel, or,
if the same cannot be satisfactorily ascertained in that manner,
shall be ascertained in such manner as the Treasury may consider
satisfactory.

SLAVE TRADE ACT 1873 - SECT 15
Payment by Treasury of costs, damages, and expenses.

15. Where any visitation, seizure, detention, or prosecution purports
to have been made or instituted in pursuance of this Act, the
Treasury when required under any treaty shall, and in any other
case may, if they think fit, pay the whole or any part of any
costs, expenses, compensation, and damages which may have been
awarded against the person making or instituting such visitation,
seizure, detention, or prosecution, or any costs and expenses which
may have been incurred in respect of the same, or on account of
any person on board any vessel so visited, seized, or detained; but
nothing in this section shall exempt the commander or officer of
the ship, or other person by whom the visitation, seizure,
detention, or prosecution was made or instituted from his liability
to make good any sum so paid when required by the Treasury so to
do, and when any such commander or officer, or other person serving
under the Admiralty, or any person serving under any other
department of the Government, is so required to make good any sum,
that sum shall, if the Treasury so direct, be deducted by the
Admiralty or other department of the Government, under whom such
person is serving, from any payment to which such commander,
officer, or person is entitled on account of salary, pay, prize, or
bounty.

SLAVE TRADE ACT 1873 - SECT 16
Payment and distribution of bounties and other sums.

16. The bounties and all other sums payable by the Treasury in
pursuance of this Act shall be paid out of moneys provided by
Parliament for the purpose.

The provisions of the Naval Agency and Distribution Act, 1864, shall
apply to all money payable to the commanders, officers, and crews
of Her Majesty's ships in pursuance of this Act.

Protection of persons authorised to seize.

SLAVE TRADE ACT 1873 - SECT 17

17. All persons authorised to make seizures under this Act shall,
in making and prosecuting any such seizure, have the benefit of all
the protection granted to persons authorised to make seizures under
any Act for the time being in force relating to Her Majesty's
customs in the United Kingdom, in like manner as if the enactments
granting such protection were herein enacted, and in terms made
applicable thereto.

SLAVE TRADE ACT 1873 - SECT 18
Pendency of suit or decree a bar to proceeding for recovery of
vessel, damages, &c.

18. In either of the following cases, namely,

(a)Where any proceeding has been instituted in any slave court for
the condemnation or restitution of any vessel, slave, goods, or
effects purporting to have been seized in pursuance of this Act,
and is still pending; or

(b)Where any vessel, slave, goods, or effects purporting to have
been seized in pursuance of this Act, have been condemned or
restored, or any other final judgment has been pronounced thereon by
any slave court,

Power of High Court of Admiralty of England as to bounties,
reviewing and enforcing decrees, &c.

SLAVE TRADE ACT 1873 - SECT 19

19. The High Court of Admiralty of England shall have jurisdiction
to hear and determine any question arising with respect to the
right of any person to any payment in pursuance of this Act in
respect of any condemned vessel, slave, goods, or effects, and any
question of joint capture or seizure which may arise in respect of
any vessel, slave, goods, or effects seized in pursuance of this
Act, and also as well to review as to enforce any decree,
declaration, or order of any British slave court made in pursuance
of this Act.

SLAVE TRADE ACT 1873 - SECT 20
Review of taxation by Registrar of Court of Admiralty.

20. The registrar of the High Court of Admiralty of England may,
on the application of any person aggrieved, or of the Treasury, tax
or review the taxation of any costs, charges, or expenses incurred
or alleged to be incurred in any proceeding taken in any British
slave court, or in any mixed commission or court in Her Majesty's
dominions, and shall for this purpose have the same jurisdiction and
powers as he has in the taxation of any costs, charges, or
expenses incurred in any proceeding in the High Court of Admiralty.

SLAVE TRADE ACT 1873 - SECT 21
Appeal by Treasury.

21. The Treasury may appeal from any decree, order, or declaration
which is made by any British slave court in pursuance of this Act,
and involves the payment by the Treasury of any bounty, costs,
expenses, compensation, damages, or other moneys in like manner as
if they were parties to the proceeding in which such decree, order,
or declaration was made.

SLAVE TRADE ACT 1873 - SECT 22
Prosecution for false evidence.

22. Any person who wilfully gives false evidence in any proceeding
taken in pursuance of this Act in any slave court shall be guilty
of an offence against this Act, and shall be liable to the like
penalty as if he had been guilty of perjury, or in a British
possession, of the offence, by whatever name called, which if
committed in England would be perjury.

SLAVE TRADE ACT 1873 - SECT 23
Returns by registrars.

23. The registrar of every British slave court, and if appointed by
Her Majesty, of every other slave court, shall from time to time
make returns of the cases adjudged in such court in pursuance of
this Act, at such times and in such form and containing such
particulars as may be from time to time directed by any rule
established with respect to such court... or if there is no such
rule, by Order in Council.

Incorporation with unrepealed portions of 1824 c.113.

SLAVE TRADE ACT 1873 - SECT 24

24. This Act shall be construed as one with the enactments of the
Slave Trade Act, 1824, and any enactments amending the same, so far
as they are in force at the time of the passing of this Act, and
are not repealed by this Act; and the expression "this Act," when
used in this Act, shall include those enactments.

SLAVE TRADE ACT 1873 - SECT 25
Recovery of forfeitures under 1824 c.113.

25. All pecuniary forfeitures and penalties imposed by the said
enactments, with which this Act is to be construed as one, may be
sued for, prosecuted, and recovered in any Court of Record or of
Vice-Admiralty in any part of Her Majesty's dominions wherein the
offence was committed, or where the offender may be, in like manner
as any penalty or forfeiture incurred in the United Kingdom under
any Act for the time being in force relating to Her Majesty's
Customs, or (in the case of the High Court of Admiralty or of a
Court of Vice-Admiralty) in like manner as any vessel seized in
pursuance of this Act.

Such pecuniary penalties and forfeitures shall, subject to the
express provisions of the said enactments, be paid and applied in
like manner as the net proceeds of a vessel seized otherwise than
by the commander or officer of one of Her Majesty's ships, or of
the cruiser of a foreign state.

SLAVE TRADE ACT 1873 - SECT 26
Jurisdiction of court over offences under 1824 c.113.

26. Any offence against this Act or the said enactments with which
this Act is to be construed as one, or otherwise in connexion with
the slave trade, shall for all purposes of and incidental to the
trial and punishment of a person guilty of such offence, and all
proceedings and matters preliminary and incidental to and
consequential on such trial and punishment, and for all purposes of
and incidental to the jurisdiction of any court, constable, and
officer with reference to such offence, be deemed to have been
committed either in the place in which the offence was
committed,..., or in any place in which the person guilty of the
offence may for the time being be, either in Her Majesty's
dominions, or in any foreign port or place in which Her Majesty
has jurisdiction; and the offence may be described in any indictment
or other document relating thereto as having been committed at the
place where it was wholly or partly committed, or as having been
committed on the high seas or out of Her Majesty's dominions, and
the venue or local description in the margin may be that of the
place in which the trial is held.

Where any such offence is commenced at one place and completed at
another, the place at which such offence is to be deemed to have
been committed shall be either the place where the offence was
commenced or the place where the offence was completed.

Where a person being in one place is accessory to or aids or
abets in any such offence committed in another place, the place at
which such offence is to be deemed to have been committed shall be
either the place in which the offence was actually committed or the
place where the offender was at the time of his being so
accessory, aiding, or abetting.

Where it appears to any court or the judge of any court having
jurisdiction to try any such offence that the removal of an
offender charged with such offence to some other place in Her
Majesty's dominions for trial would be conducive to the interests of
justice, such court or judge may by warrant, or instrument in the
nature of a warrant, direct such removal, and such offender may be
removed and tried accordingly; and section two hundred and
sixty-eight of the Merchant Shipping Act, 1854, shall apply to the
removal of an offender under this section in the same manner as if
the term "consular officer" in that section included the court or
judge making such warrant or instrument.

SLAVE TRADE ACT 1873 - SECT 27
Extention of 1870 c.52 to slave trade offences.

27. Offences committed against this Act or the enactments with which
this Act is to be construed as one or otherwise in connexion with
the slave trade, whether committed on the high seas or on land, or
partly on the high seas or partly on land, shall be deemed to be
inserted in the First Schedule to the Extradition Act, 1870, and
that Act, and any Act amending the same, shall be construed
accordingly.

Application of Act to cases already adjudicated.

SLAVE TRADE ACT 1873 - SECT 28

28. This Act shall apply to all cases of vessels, slaves, goods,
and effects seized and adjudicated upon by any slave court, whether
before or after the passing of this Act.

SLAVE TRADE ACT 1873 - SECT 29
Extension of Act to future treaties.

29. Where any treaty in relation to the slave trade is made after
the passing of this Act, by or on behalf of Her Majesty, with any
foreign state, Her Majesty may by Order in Council direct that as
from such date, not being earlier than the date of the treaty, as
may be specified in the order, such treaty shall be deemed, and
thereupon (as from the said date, or if no date is specified as
from the date of such order) such treaty shall be deemed to be an
existing slave trade treaty within the meaning of this Act, and all
the provisions of this Act shall apply and be construed accordingly.

Her Majesty may, by the same or any subsequent order referring to
the same treaty, render the application of this Act subject to such
conditions, exceptions, and qualifications as may be deemed expedient.

Every such order shall recite or embody the terms of the treaty so
far as they relate to the slave trade, and shall be laid before
both Houses of Parliament within six weeks after it is made, or,
if Parliament be not then sitting, within six weeks after the then
next meeting of Parliament, and shall also be published in the
London Gazette.

A treaty, whether made before or after the passing of this Act,
which ceases to be in force shall cease to be an existing slave
trade treaty within the meaning of this Act.

S.30 rep. by SLR 1883

First.Hatches with open gratings, instead of the close hatches which
are usual in merchant vessels.

Secondly.Divisions or bulkheads in the hold or on deck more numerous
than are necessary for vessels engaged in lawful trade.

Thirdly.Spare plank fitted for being laid down as a second or slave
deck.

Fourthly.Shackles, bolts, or handcuffs.

Fifthly.A larger quantity of water in casks or in tanks than is
requisite for the consumption of the crew of the vessel as a
merchant vessel.

Sixthly.An extraordinary number of water casks or of other vessels
for holding liquid, unless the master shall produce a certificate
from the custom house at the place from which he cleared outwards,
stating that a sufficient security had been given by the owners of
such vessel that such extra quantity of casks or of other vessels
should only be used for the reception of palm oil, or for other
purposes of lawful commerce.

Seventhly.A greater quantity of mess tubs or kids than are requisite
for the use of the crew of the vessel as a merchant vessel.

Eighthly.A boiler or other cooking apparatus of an unusual size, and
larger or fitted for being or capable of being made larger, than
requisite for the use of the crew of the vessel as a merchant
vessel, or more than one boiler or other cooking apparatus of the
ordinary size.

Ninthly.An extraordinary quantity either of rice or of the flour of
Brazil, manioc, or cassada, commonly called farinha, of maize or of
Indian corn, or of any other article of food whatever, beyond what
might probably be requisite for the use of the crew, such rice,
flour, maize, Indian corn, or other article of food not being
entered on the manifest as part of the cargo for trade.

Tenthly.A quantity of mats or matting larger than is necessary for
the use of the crew of the vessel as a merchant vessel.

Eleventhly.Any other equipment, article, or thing, which is declared
by any existing slave trade treaty to be prima8 facie evidence of
a vessel being engaged in the slave trade.

Second Schedule rep. by SLR 1883