Excerpt-an act to prevent importation of foreign slaves 1806

An Act to prevent the Importation of Slaves, by any of His Majesty's Subjects into any Islands, Colonies, Plantations, or Territories belonging to any Foreign Sovereign, State, or Power; and also to render more effectual a certain Order, made by His Majesty in Council on the Fifteenth Day of August One thousand eight hundred and five, for prohibiting the Importation of Slaves (except in certain Cases), into any of the Settlements, Islands, Colonies, or Plantations on the Continent of America, or in the West Indies, which have been surrendered to His Majesty's Arms during the present War; and to prevent the fitting out of Foreign Slave Ships from British Ports. 15th August 1805

'WHEREAS it is expedient to prevent the supplying the Islands, Colonies, and Territories, belonging to any Foreign Sovereign, State, or Power, with Slaves, by or on Account of any of His Majesty's Subjects, or by Means of their Ships, Capital, or Credit; and to prevent the fitting out of Foreign Slave Ships from British Ports: And whereas His Majesty by His Order in Council, bearing Date the Fifteenth Day of August One thousand eight hundred and five, was pleased to order, "That it should not be lawful, except by special Licence as therein mentioned, for any Slave or Slaves to be landed upon any of the Coasts, or imported or brought into any of the Ports, Harbours, Creeks, or Roads, or within the Limits, Jurisdictions, and Territories of any of the Settlements, Islands, Colonies, or Plantations on the Continent of America, or in the West Indies, which have been surrendered to His Majesty's Arms during the present War, until further Order, upon Pain that all Slaves so landed or brought contrary to the true Intent and Meaning of that Order, together with the Vessels bringing in the same, or from which the same should be landed, and their Cargoes, should become forfeited to His Majesty, His Heirs and Successors; but the said Order recited, that it might be expedient to permit the Annual Introduction of a limited Number of Slaves under due Regulations, for the Purpose of supplying any Waste that should take place in the Population on particular Estates, from extraordinary or unavoidable Causes, and thereby of keeping up the Cultivation of the Lands already cleared and cultivated; and it was therefore further ordered, that any Number of Slaves, not exceeding Three for every Hundred of the whole Number of Slaves in the said Settlements, Islands, Colonies, and Plantations respectively (Returns whereof were to be made from Time to Time, in pursuance of Instructions to be transmitted by One of His Majesty's Principal Secretaries of State), might be imported in each Year (provided Casualties to that Extent should appear to have taken place in the preceding Year), under Licences to be previously granted by the Governor, Lieutenant Governor, or Officer administering the Government of the said Settlements, Islands, Colonies, and Plantations, from any other of His Majesty's Colonies in the West Indies, into the said Settlements, Islands, Colonies, and Plantations; such Licence, or a Copy thereof, to be produced by the Master of the Ship on which such Slaves are laden, as his Authority for having Slaves on board destined to the said Settlement, Islands, Colonies, and Plantations: Provided always, that until the First Day of January One thousand eight hundred and seven, such limited Importation might be made from other Places than his Majesty's Colonies in the West Indies as aforesaid, and without its being necessary for the Master of the Vessel, if met with at Sea, to produce the said Licence, or a Copy thereof, as his Authority for having the Slaves destined as aforesaid on board, but subject nevertheless to such Licence being first had and obtained as aforesaid, before any Slaves should be permitted to be landed or sold from such Vessel in any of the said Settlements: And, after further reciting that special Instructions would be immediately transmitted by One of His Majesty's Principal Secretaries of State to the Governors, Lieutenant Governors, or Officers administering the Government of the said Colonies, Settlements, and Plantations respectively, containing the Regulations proper for carrying that Order into effectual Execution, directing and empowering them to grant Licences for the Importation of such limited Number of Slaves as aforesaid, subject to such Regulations as in the said Instructions would be provided, it was thereby declared to be His Majesty's further Order, that such Governor, Lieutenant Governor, or other Officer as aforesaid, should be, and they thereby were respectively authorized and empowered to grant such Licences, upon such Terms and Conditions, and s ubject to such Regulations as, in conformity to and in furtherance of the Object of such Instructions, might from Time to Time be required: And it was thereby further ordered, that the Prohibition therein before contained should not extend to prevent the importing or landing of any Slaves which should be imported into the said Colonies, Islands, and Plantations, by Licence first had for importing the same under the Hand and Seal of His Majesty's Governor, or Lieutenant Governor, or Officer administering the Government of the Colony, Settlements, or Plantations into which the said Slaves are to be imported, specifying the Ship or Vessel permitted to import the same, in Conformity with the Instructions to be received from One of His Majesty's Principal Secretaries of State as aforesaid, but that all Slaves, except such Slaves as may form Part of the Crew of any Vessel, or may be Household Servants to the Passengers therein, which should be landed without such Licence as aforesaid, and without conforming to such Regulations as should be contained therein, should, together with the Vessels bringing the same, or from which the same should be landed, and their Cargoes, become forfeited to His Majesty, His Heirs and Successors; and in case any Vessel should contain more Slaves than the Number permitted to be imported in such Vessel by any such Licence or Licences, such Number of the most valuable of the Slaves on board such Vessel (other than such Slaves as might form Part of the Crew of such Vessel, or might be Household Servants to the Passengers) as should be equal to the Excess beyond the Number mentioned in such Licence or Licences, should be forfeited to His Majesty, His Heirs and Successors, and should be selected and disposed of in such Manner as might be in that Behalf directed by any Instructions from One of His Majesty's Principal Secretaries of State, to be given to the respective Governors, Lieutenant Governors, or other Officers administering the Government of such Colonies, Settlements, and Plantations as beforesaid: And it was thereby further ordered and provided, that nothing therein contained should be extended or construed to extend to the landing, importing, or bringing in of any Slave or Slaves from or by any Vessel which by stress of Weather or by any other Peril should be driven on the Coast of any such Colonies, Settlements, or Plantations, or compelled to take refuge on such Coast, or within the Creeks and Harbours of such Colonies, Settlements, or Plantations, provided the Slave or Slaves which should be so imported, landed, or brought in as last aforesaid, should be exported to some Place or Places, other than any of the Colonies, Settlements, or Plantations to which the said Order applied, within Ten Days from the Importation, landing, or bringing in of the same, unless further detained by Stress of Weather, or provided the same should within such Ten Days be sold under the special Licence of the Governor, Lieutenant Governor, or Officer administering the Government of the Colony, Settlement, or Plantation where such Slaves might be, to such Person or Persons as under the Circumstances of his, her, or their Cases (which Circumstance should be inserted in such Special Licence) might at the Date thereof be entitled to obtain a Licence or Licences to import such Number of Slaves as he, she, or they should in and by such special Licence or Licences be permitted to purchase: And it was thereby further ordered and declared, that One third of every Forfeiture which should accrue in consequence of that Order to His Majesty, His Heirs and Successors, should be granted to the Governor, Lieutenant Governor, or Officer administering the Government of the Colony, and One third to the Party who should inform and prosecute the same:" And whereas it is expedient that the Prohibition contained in the said Order of Council should be enforced and rendered more effectual by such auxiliary Regulations and Remedies as the Authority of His Majesty in Council was insufficient to provide;' May it therefore please Your Majes ty that it may be enacted; and be it 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, from and after the First Day of January One thousand eight hundred and seven, it shall not be lawful to export, transport, carry, convey, or send any Slave or Slaves (except in such special Cases as are herein-after excepted) from any Part of His Majesty's Dominions to any Island, Settlement, Colony, Plantation, Territory, or Place whatever, belonging to and under the Dominion of any Foreign Sovereign, State, or Power, the Provisions of certain Acts of Parliament made for establishing certain Free Ports in the West Indies, or any other Statute, Law, or Usage to the contrary notwithstanding; and if any Slave or Slaves shall, from and after the Day aforesaid, be so unlawfully exported, transported, carried, conveyed, or sent, or shall be embarked, put on board, or transhipped at or from any Part of His Majesty's Dominions with Intent to be so unlawfully exported, transported, carried, conveyed, or sent, all and every such Slave or Slaves, together with every Ship or Vessel in which the same shall be so exported, transported, carried, conveyed, sent, embarked, put on board, or transhipped, together with all her Boats, Guns, Tackle, Apparel, and Furniture, shall be forfeited, and shall and may be seized and prosecuted as herein-after is mentioned and provided. May 23rd 1806