Slave Trade Act 1873

1873 c.88

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.

Annotations:
Modifications etc. (not altering text)
C2

Preamble omitted under authority of Statute Law Revision (No. 2) Act 1893 (c. 54)

Preliminary

1 Short title.

This Act may be cited as “The Slave Trade Act 1873.”

C42 Interpretation. C3

In this Act—

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

  • The term “vessel” means any vessel used in navigation:

  • F2. . .

  • 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: . . . F3

  • . . . F1

  • F2. . .

  • 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, F4:

  • 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.

Seizure of Slave Ships

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

Where a vessel is, on reasonable grounds, suspected of being engaged in or fitted out for the slave trade, it shall F5. . . 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, F6or Channel Islands, for any member of the Isle of Man Constabulary,, for the governor of a F7colony, or any person authorised by any such governor, F8. . .

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, F8. . .

to visit and seize and detain such vessel, and to seize and detain any person found detained or reasonably suspected of having been detained as a slave, for the purpose of the slave trade, on board any such vessel, and to carry away such vessel and person, together with the master and all persons, goods, and effects on board any such vessel, for the purpose of bringing in such vessel, person, goods, and effects F5. . ..

F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Courts

F105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mixed Courts

F127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disposal of Vessels and Slaves

F149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1510. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Bounties

F1611. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1712. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1813. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1914. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2015. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous

17 Protection of persons authorised to seize.

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 F22. . ..

F2318. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2419. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2520. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2621. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2722. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2823. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

M2Slave Trade Act1824

Annotations:
Marginal Citations

24 Incorporation with unrepealed portions of 5 Geo. 4. c. 113.

This Act shall be construed as one with the enactments of the M1Slave Trade Act 1824, F29. . . and the expression “this Act” when used in this Act, shall include those enactments.

F3025. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26 Jurisdiction of court over offences under 5 Geo. 4. c. 113. C5

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, . . . F31 or in any place in which the person guilty of the offence may for the time being be F32. . .; 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.

F32. . .

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

Application of Act

F3428. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3529. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

SCHEDULES

F37FIRST SCHEDULE

Annotations:
Amendments (Textual)
F37

Sch. 1 repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. VIII

F38F38SECOND SCHEDULE

Annotations:
Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38