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or to be employed in any act of slave-trading before mentioned.

(h.) To engage in any other manner in any act of slavetrading before mentioned, directly or indirectly, as a partner, agent, or otherwise.

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(i.) To ship, tranship, lade, receive, or put on board of any 1 vessel money, goods, or effects, to be employed in any act of slave-trading before mentioned.

(j.) To take the charge or command of, or to navigate, or enter and embark on board any 1 vessel in 2 any capacity, knowing that such 1 vessel is employed in any act of slavetrading before mentioned, or is intended to be so employed upon the voyage or upon the occasion in which the embarkation takes place.

(k.) To insure slaves or property employed or intended to be employed in slave-trading.

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ARTICLE 118.

PIRATICAL SLAVE-TRADING.

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Every subject of Her Majesty, and every person resident or being in any of Her Majesty's dominions commits piracy felony, and robbery, and is liable, upon conviction thereof, to penal servitude for life who upon the high seas, or in any place where the admiral has jurisdiction, knowingly and wilfully does or assists in doing any of the following things, that is to say:

(a.) Who carries away, conveys, or removes any person as a slave; or

for the purpose of his being imported or brought as a slave into any place whatsoever; or

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1 "Ship, vessel, or boat."

2 "As captain, master, mate, petty officer, surgeon, supercargo, seaman, marine, or servant, or in any other capacity."

35 Geo. 4, c. 113, s. 9 (redrawn).

The punishment in the text is substituted for the punishment of death by 1 Vict. c. 81, s. 1 (now repealed), and the penal servitude Acts.

4" Dominions, forts, settlements, factories, or territories now or hereafter belonging to Her Majesty, or being in Her Majesty's occupation or possession.'

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Island, colony, country, territory, or place."

for the purpose of his being used, transferred, sold, or dealt with as a slave; or

(b.) Who ships, embarks, receives, detains, or confines any person on board any vessel for the purpose of his being carried away, conveyed, or removed as a slave; or

for the purpose of his being imported or brought as a slave any 1 place whatsoever; or

into

for the purpose of his being sold, transferred, used, or dealt with as a slave.

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ARTICLE 119.

PUNISHMENT OF SLAVE-TRADING.

Every one [owing allegiance to Her Majesty] commits felony, and is liable upon conviction thereof to be kept in penal servitude for fourteen years, or to be imprisoned with hard labour for a term of five years who [3 in any part of the world] does any of the acts of slave-trading specified in Article 117, clauses (a.), (b.), (c.), (d.), (e.); or

knowingly and wilfully does any of the acts of slavetrading specified in Article 117, clauses (f.), (g.), (h.), (i.), or (k.).

ARTICLE 120.

SERVING ON A SLAVE-SHIP, FELONY.

Every one commits the same offence, and is liable to the same punishment as is specified in the last Article, who takes charge or command [of], or navigates, or embarks on board any vessel as captain, master, mate, surgeon, or supercargo, or contracts to do so, knowing that such vessel is actually employed, or is on that voyage or occasion intended to be employed in any act of slave-trading.

1 "Island, colony, country, territory, or place." 25 Geo. 4, c. 113, s. 10 (redrawn).

3 These words are inserted to give the effect of R. v. Zulueta, 1843, 1 C. & K. 215, 226-7. See, however, Santos v. Illidge, 1860, 8 C. B. (N.S.) 861, in which the Court of Exchequer Chamber was equally divided upon a very similar, though not identical point.

45 Geo. 4, c. 113, s. 10.

ARTICLE 121.

SERVING ON A SLAVE-SHIP, MISDEMEANOR.

1 Every one commits a misdemeanor, and is liable to two years imprisonment, who with the knowledge mentioned in the last Article, does any of the things mentioned in that Article, as petty officer, seaman, marine, or servant or in any other capacity not specifically mentioned therein.

ARTICLE 122.

KIDNAPPING PACIFIC ISLANDERS.

2 Every one commits felony and is liable upon conviction thereof to the highest punishment other than capital punishment, or to any less punishment awarded to any felony by the law of the colony in which he is tried, who

(i.) decoys a native of any of the islands in the Pacific Ocean, not being in Her Majesty's dominions nor within the jurisdiction of any civilised power, for the purpose of importing or removing such native into any island or place other than that in which he was at the time of the commission of such offence; or carries away, confines, or detains any such native for the purpose aforesaid without his consent, proof of which consent lies on the party accused: or (ii.) ships, embarks, receives, detains, or confines, or assists

15 Geo. 4, c. 113, s. 11.

235 & 36 Vict. c. 19, ss. 9 and 10, and see preamble, for a definition of Pacific Islanders. Sect. 9 provides that offenders may be tried and punished for such felony in any supreme Court of Justice in any of the "Australian colonies," i.e. (see s. 2) New South Wales, New Zealand, Queensland, South Australia, Tasmania, Victoria, and Western Australia. To these Fiji was added by 38 & 39 Vict. c. 51, which also empowered Her Majesty to erect a court at Fiji for the trial of offences committed in the Pacific Ocean, or the islands thereof. The Acts do not seem to contemplate the trial in England of such offences. There are however no words to exclude the jurisdiction of the English Courts, though the provisions as to punishment depend upon the laws of the colonies. It may be that if such an offence were tried in England, 7 & 8 Geo. 4, c. 28, ss. 8 and 9, would apply (see Article 18, supra). See as to this subject, 2 Hist. Cr. Law, p. 58-9.

in shipping, embarking, receiving, detaining, or confining, for the purpose aforesaid, a native of any of the aforesaid islands, on board any vessel either on the high seas or elsewhere without the consent of such native, proof of which consent lies on the party accused: or

(iii.) contracts for the shipping, embarking, receiving, detaining, or confining on board any vessel for the purpose aforesaid any such native without his consent, proof of which consent lies on the party accused :

(iv.) fits out, mans, navigates, equips, uses, employs, lets or takes on freight or hire any vessel, or commands or serves or is on board any such vessel with intent to commit, or that any one on board such vessel should commit, any of the offences above enumerated

or

(v.) ships, lades, receives, or puts on board, or contracts for the shipping, lading, receiving, or putting on board of any vessel money, goods, or other articles with the intent that they should be employed, or knowing that they will be employed in the commission of any of the offences above enumerated.

Any person who aids, abets, counsels or procures the commission of any of the said offences, is liable to be tried and punished as a principal offender.

PART III

ABUSES AND OBSTRUCTIONS OF PUBLIC
AUTHORITY1

CHAP. XI.-ABUSES OF AUTHOR-
ITY-OPPRESSION-EXTORTION-

-FRAUD-NEGLECT OF DUTY-
OFFENCES BY SOLDIERS, POST
OFFICE OFFICIALS, SHERIFFS, COR-
ONERS, AND OFFICERS OF INLAND
REVENUE-REFUSAL TO ACT.

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CHAP. XIII.-BRIBERY AND COR

RUPTION OFFENCES AT ELEC-
TIONS

SALE OF OFFICES.

CHAP. XIV.-MISLEADING JUSTICE
-PERJURY-FALSE SWEARING-
SUBORNATION:- MAINTENANCE -
INTIMIDATING WITNESS

CHAP. XV.-ESCAPE- RESCUE-
PRISON BREACH-MISPRISIONS-
COMPOUNDING OFFENCES.

CHAPTER XI.

ABUSES OF AUTHORITY, OPPRESSION, EXTORTION, FRAUD, NEGLECT OF DUTY, OFFENCES BY SOLDIERS, POST OFFICE OFFICIALS, SHERIFFS, CORONERS, AND OFFICERS OF INLAND REVENUE, REFUSAL TO ACT

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2 THE expression "public officer," in this chapter, means a person invested with authority to execute any public duty, and legally bound to do so, but does not include any member of either House of Parliament as such, or any ecclesiastical, naval, or military officer acting in the discharge of duties for the due discharge of which he can be made accountable only by an ecclesiastical, naval or military court.

1 It has not been thought necessary to include in this Part a variety of offences of a very special kind, such as falsification of medical certificates and registers under 15 & 16 Vict. c. 56, ss. 15, 16; 21 & 22 Vict. c. 90, s. 38; 31 & 32 Vict. c. 121, s. 14, offences under the Dentists' Act, 1878, 41 & 42 Vict. c. 33, s. 34, offences as to testing chain cables under 27 & 28 Vict. c. 27, s. 12, or under the Corn Returns Act, 45 & 46 Vict. c. 37, s. 12.

2 See 7 Rep. C. L. C. ch. iv. p. 153, and cf. 5 Rep. C. L. C. p. 40. It would be foreign to the purpose of this work to discuss the question of the limits of the jurisdiction of the Courts of Common Law, and Ecclesiastical and Military Courts.

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