Slave Trade Act 1873
| Jurisdiction | UK Non-devolved |
| Citation | 1873 c. 88 |
Slave Trade Act, 1873.
(36 & 37 Vict.) CHAPTER 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.
[5th August 1873]
Whereas divers treaties for the more effectual suppression of the slave trade have been made by or on behalf of Her Majesty and Her Royal predecessors with foreign states, and the Acts mentioned in the second schedule to this Act have been passed for carrying into effect the said treaties or some of them:
And whereas it is expedient to consolidate the said Acts into one Act, and to make provision for carrying into effect the said treaties, and any treaty which may hereafter be made by or on behalf of Her Majesty with any foreign state for the more effectual suppression of the slave trade:
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, as follows:
Preliminary.
1 Short title.
1. This Act may be cited as theSlave Trade Act, 1873.
2 Interpretation.
2. In this Act—
The term ‘the Treasury’ means the Commissioners of Her Majesty's Treasury:
The term ‘the Admiralty’ means the Lord High Admiral of the United Kingdom, or the Commissioners for executing the office of Lord High Admiral:
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:
The term ‘the Slave Trade Act, 1824,’ means the Act of the session of the fifth year of the reign of King George the Fourth, chapter one hundred and thirteen, intituled ‘An Act to amend and consolidate the laws relating to the abolition of the slave trade:’
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.
Seizure of Slave Ships.
3 Visitation and seizure by cruisers, &c. of suspected slave ships.
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—
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 for adjudication.
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.
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.
Courts.
5 Jurisdiction of courts in regard to slave vessels, slaves, goods, and effects.
5. The High Court of Admiralty of England and every Vice-Admiralty Court in Her Majesty's dominions out of the United Kingdom 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.
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.
Mixed Courts.
7 Appointment of judges, arbitrators, secretary, &c., to mixed courts and commissions.
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...
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