houses shall be the property of the persons who shall build the same, but shall not 23 Geo. 2. be disposed of or let to any foreigner whatsoever.

c. 31.

Rule 17. No commander or master of any ship trading to Africa shall by fraud, Masters of force, or violence, or by any other indirect practice whatsoever, take on board or carry vessels comaway from the coast of Africa, any negro or native of the said country, or commit, mitting vioor suffer to be committed, any violence on the natives, to the prejudice of the said lence, &c. on trade; and every person so offending shall, for every such offence, forfeit 100l.; one natives, § 29. moiety thereof to the use of the said company and their successors, for and towards maintaining the said forts and settlements, and the other moiety for the use of him who shall inform or sue for the same.

Rule 18. The Royal African Company of England, from the 10th April, 1752, 25 Geo. 2. shall be, and they are hereby absolutely divested of and from their charter, lands, c. 40. § 1. forts, castles, and military stores, canoe men, castle slaves, and all other their estate, Royal Afriproperty, and effects whatsoever; and all the British forts, lands, castles, settlements, can Company and factories on the coast of Africa, beginning at Port Sallee, and extending from abolished, &c. thence to the Cape of Good Hope inclusive, which were granted to the said company by the charter of King Charles the Second, or which have been since erected or purchased by the said company; and all other the regions, countries, dominions, territories, continents, coasts, ports, bays, rivers, and places lying and being within the aforesaid limits, and the islands near adjoining to those coasts, and comprehended within the limits described by the said charter; and which now are, or at any time heretofore have been, in the possession of or claimed by the said Royal African Company of England, together with the cannon and other military stores, canoe men, castle slaves, at and belonging to the said forts, castles, settlements, and factories, (such stores as have been made use of in the service of the forts, and such canoe men and slaves as may have died since the taking of the said survey, only excepted) and also all contracts and agreements made by or for, or on the behalf of the said Royal African Company, with any of the kings, princes, or natives of any of the countries or places on the said coasts; and all other the property, estate, and effects whatsoever of the said Royal African Company shall, from the said day, be vested in, and the same are hereby fully and absolutely vested in, the said corporation called and known by the name of The Company of Merchants trading to Africa, and their successors freed and absolutely discharged of and from all claims and demands of the said Royal African Company of England, and their creditors, and of every person claiming under them. (a)

Rule 19. Provided that the divesting the said Royal African Company of England Proviso, § 2. of their charter, and vesting the said forts, settlements, and factories, and all other the before-mentioned premises in the said company of merchants trading to Africa, shall not extend to give the said company of merchants trading to Africa, or their committee, any other right, privileges, or powers, than such as are given to the said company of merchants, and their committee, by the preceding act of 23 Geo. 2.

c. 31.

Rule 20. Alexander Grant, John Sargent, and Richard Oswald shall be at liberty, Bance Island, notwithstanding this present act, to continue in the quiet possession of the Bance § 3. Island, and fort and buildings thereon, and the same shall from henceforth continue, and be absolutely vested in them the said Alexander Grant, John Sargent, and Richard Oswald, their heirs and assigns, to and for their own use and benefit.

Rule 21. Provided that it shall not be lawful for the said Alexander Grant, John Proviso, § 4. Sargent, and Richard Oswald, or any of them, or their heirs or assigns, to demise, grant, or alienate their right and interest therein, to any persons whatsoever being foreigners.

Rule 22. As well the said Fort James and the River Gambia, and their dependen- 23 Geo. 3. cies, as all other the forts, lands, castles, settlements, and factories, on the coast of c. 65. § 2. Africa, beginning at the port of Sallee, and extending from thence to Cape Rouge, Fort James, and all other the regions, countries, dominions, territories, continents, coasts, ports, and River bays, rivers, and places being within the limits aforesaid, and the islands near ad- Gambia. joining to those coasts, and comprehended within the said limits, excepting such forts, settlements, islands, and territories within the same, as by the ninth article of the preliminary articles of peace are ceded and restored by His Majesty to the Most Christian King; and all other the property, estate, and effects whatsoever, which, prior to the making of 5 Geo. 3. c. 44. (b) were possessed by the company of merchants trading to Africa, or claimed by them, in respect to such their possessions within the said limits, and which by the said act were vested in, possessed, or claimed by His Majesty, shall be, and the same, and every part thereof, in the state

(2) As to Fort Senegal, see the note to Rule 3 of this title.

(b) Repealed by 1. of this act.

the same shall now be in, are hereby declared to be vested in the company of merchants trading to Africa, to be employed at all times hereafter for the protection, encouragement, and defence of the African trade, in the same manner, and under the same regulations, and subject to the same rules and authorities, as the other forts and settlements upon the coast of Africa are now, or which those in this act mentioned were heretofore, when vested in the said company of merchants trading to Africa, by virtue of 23 Geo. 2. (a) and the said company of merchants trading to Africa may use and exercise all powers, privileges, and authorities whatsoever, which were granted to them by the said act, so far as the same concern any of the territories, forts, settlements, or other the premises, lying within the limits aforesaid, and vested in them by virtue of this act.

Rule 23. The trade to and from Africa shall continue free and open to all His Majesty's subjects; and it shall be lawful for all His Majesty's subjects, without preference or distinction, to trade and traffic to and from any of the places hereby vested in the said company of merchants trading to Africa, without any restraint whatever; and the forts, warehouses, and buildings hereby vested in them, shall continue to be free and open to all His Majesty's subjects, in like manner, and for the same purposes, and subject to the same orders and regulations they heretofore were, under the authority of 23 Geo. 2. c. 31.

TITLE LXXXI.-SIERRA LEONE.

Rule 1. THE letters patent and grant, dated 5th July, 1801, and every thing therein contained, is hereby declared to be henceforth null and void; and the Sierra Leone Company are hereby divested of and from all that tract or district of land commonly called and known by the name or description of The Peninsula of Sierra Leone, and all forts, castles, buildings, or estate, which have been since purchased or otherwise acquired by the said company in addition thereto, or which now are possessed or claimed by the said company in or about the said peninsula; and the said tract or district of land, and all forts, castles, buildings, or estate so purchased or otherwise acquired, possessed, enjoyed, or claimed by the said company, are hereby declared and enacted to be fully and absolutely vested in His Majesty for ever. Rule 2. At the expiration of seven years from the passing of this act, the said Sierra Leone Company shall cease to be a body politic and corporate, to all intents, constructions, and purposes whatever.

Rule 3. In case any difference shall arise respecting any building as aforesaid, whether the same is such as within the meaning of this act is to be surrendered by the said company and vested in His Majesty, it shall be lawful for the governor that shall be appointed by His Majesty for the government of the said colony, or in his absence for the lieutenant-governor, after due examination of the matter, to determine whether any such building is to be surrendered and vested in His Majesty, or to remain in the possession of the said company.

TITLE LXXXII.—ST. HELENA.

Rule 1. DURING such time as Napoleon Buonaparté shall be detained and kept in custody, or shall be ordered by His Majesty to be detained and kept in custody, in the island of St. Helena, it shall not be lawful for any of His Majesty's subjects, or for any other person whatsoever, (except in vessels of and belonging to, or chartered or employed by the East India Company, duly ordered to proceed to, or to rendezvous at the said island, by the said company, or by the governor-general of Fort William, the governor of Fort St. George, or Bombay, or by the said company's supra cargoes in China,) to trade, go, sail, or repair to the said island of St. Helena, without the licence of His Majesty, signed by one of His Majesty's principal secretaries of state, or without the licence, consent, and permission of the governor, or in his absence, of the deputy-governor of the said island, or of the commander of His Majesty's naval or military forces stationed off or at the said island; and if any person (except as before excepted) other than such as shall be thereunto lawfully authorized by such licence of His Majesty, or of the governor, deputy-governor, or commander, or such permission or consent, shall trade, go, sail, repair to, or land upon the said island of St. Helena, he shall be deemed guilty of a high crime and misdemeanor, and shall and may be prosecuted for the same in His Majesty's court of king's bench here in England, upon information exhibited by His Majesty's

(a) Rule 1 of this title.

attorney general, or upon indictment found; in which information or indictment 56 Geo. 3. such offence may be laid and charged to have been committed in the county of c. 23. Middlesex; and every person so offending shall on conviction be liable to such Information. punishment by imprisonment and fine, or either, as the court shall adjudge or

award.

Rule 2. Every person so offending shall be seized and brought to England for the How of purpose of being so tried; and it shall be lawful for any one of His Majesty's jus- fenders may tices of the peace, and he is authorized and required to commit every such person to be brought to the next county gaol, there to remain until sufficient security be given by natural- trial, § 2. born subjects or denizens, to appear in His Majesty's court of king's bench at Westminster, to answer any information or indictment exhibited or found, or to be exhibited or found, against him, and not to depart out of court, or out of this kingdom, without leave of the said court.

$3.

Rule 3. If any person who shall arrive at the said island on board any vessel of Persons landand belonging to, or chartered or employed by, the said company, shall land on the ing and not said island from on board the same, or shall land on the said island from any of His returning Majesty's vessels of war (except the officers and seamen of and belonging to such when ordered, vessel of war), shall not, when thereunto ordered and required by the said governor, or in his absence the deputy-governor of the said island, forthwith return to and repair on board such vessel from which he shall have so landed, it shall be lawful for the said governor, or in his absence the deputy-governor, to seize and detain every such person until he or she can be sent, and to send him or her on board the said vessel from which he or she so landed; and every person who shall have so landed from any such vessel as last aforesaid, who shall after the departure of such vessel from the said island, remain on the said island without the licence, permission, and consent of the said governor, or in his absence the deputy-governor, shall be deemed guilty of a misdemeanor, and shall be dealt with, prosecuted, and punished in the same manner and form as persons who shall, without licence, permission, and consent as aforesaid, land from any other vessel or boat not belonging to, chartered, or employed by the said company, or ordered by the said company, or their servants as aforesaid, to proceed to or rendezvous at the said island.

St. Helena,

§ 4.

Rule 4. It shall be lawful for the governor, or in his absence the deputy-governor How vessels of the said island, or for the commander of His Majesty's naval or military forces and persous stationed off or at the said island respectively, and the persons acting under his or may be pretheir orders and commands respectively, by all necessary ways and means to hinder vented from and prevent any vessel or boat (except vessels of, and belonging to, or chartered by the trading or East India Company, and also duly licensed by the said company for that purpose, touching at as herein before mentioned), from repairing to, trading, or touching at the said island, or having any communication with the same; and to hinder and prevent any person from landing upon the said island from such vessels or boats, and to seize and detain every person that shall land upon the said island from the same; and all such vessels or boats (except as above excepted) as shall repair to, or trade, or touch at the said Vessels hoverisland, or shall be found hovering within eight leagues of the coast thereof, and ing. which shall or may belong, in the whole or in part, to any subject or subjects of His Majesty, or to any person or persons owing allegiance to His Majesty, are hereby declared to be forfeited to His Majesty, and shall and may be seized and detained, and brought to England, and shall and may be prosecuted to condemnation by His Ma- How and jesty's attorney general, in any of His Majesty's courts of record at Westminster, in where to be such manner and form as any vessel or boat may be seized, detained, or prosecuted, prosecuted, for any breach or violation of the navigation or revenue laws of this country; and the offence for which such vessel or boat shall be proceeded against, shall and may be laid and charged to have been done and committed in the county of Middlesex; and

if any vessel or boat, not belonging in the whole or in part to any person the subject Vessels not of or owing allegiance to His Majesty, shall repair to, or trade, or touch at the said belonging to island of St. Helena, or shall be found hovering within eight leagues of the coast British subthereof, and shall not depart from the said island or the coast thereof, when and so jects hoversoon as the master thereof shall be ordered so to do by the governor or lieutenant- ing, &c. governor of the said island, or by the commander of His Majesty's naval or military force stationed at or off the said island (unless in case of unavoidable necessity, or distress of weather), such vessel shall be deemed forfeited, and shall and may be seized and detained and prosecuted in the same manner as is hereinbefore enacted as to vessels or boats of or belonging to any subject or subjects of His Majesty.

Rule 5. If any vessel shall happen, by stress of weather, peril of the sea, or other Vessels driven inevitable accident, or other urgent necessity, to be driven or forced to the said island, in by stress of and from such cause to touch thereat, and the master of such vessel shall forthwith weather, acgive notice thereof, and of the cause thereof, to the governor, or in his absence to cident, or nethe deputy-governor of the said island, or to the commander of His Majesty's naval cessity, § 5.

56 Geo. 3. c. 23.

Proof.

Indemnity, § 6.

Prosecutions

void, 7.

or military forces, and shall, during the time that such vessel shall be permitted to remain at the said island, in all things conform to the directions and orders of the said governor, or in his absence of the said deputy-governor; and the said vessel shall quit the said island, with all the crew and passengers of the said vessel, as and when the said governor, or in his absence the deputy-governor, or the commander of His Majesty's naval and military forces at the said island, shall direct and require; such vessel shall not be subject to forfeiture, nor shall the owners or master or crew thereof, or any person on board the same, who shall so conform to such directions and orders, be liable to any of the pains, penalties, or punishments hereinbefore mentioned provided nevertheless, that the proof of such cases shall lie upon the party claiming such exemption from the pains, &c.

Rule 6. The commissioners, governor, commanders, and every officer and person who has acted in their aid and assistance, or under their respective advice, orders, and commands, are hereby indemnified for detaining, &c. Buonaparté.

Rule 7. All actions, &c. which may have been or which shall be hereafter prosecuted or commenced against any person for any advice, or thing ordered or done by the said commissioners, or by any officer or person acting in their aid, or under their or either of their advice, orders, or commands, at any time before the passing of this act, shall be discharged and made void by virtue of this act; and in any General issue. action, suit, indictment, prosecution, or proceeding now commenced, or which shall or may hereafter be prosecuted and commenced, against any of the said commissioners or persons, for any such advice, order, or command, or for any thing done in such aid or under such advice, order, or command, he may plead the general issue, and give this act and the special matter in evidence.

East India
Company,

§ 8.

39 & 40

$ 5.

Spirits.

Rule 8. This act shall not extend to restrain or prejudice the trade or right of trade or navigation of the East India Company, to the said island of St. Helena, in ships of and belonging to or chartered by the said company, and duly licensed by them for that purpose, or to prejudice or infringe the rights of the said company to and over the said island and the inhabitants thereof, except as is hereinbefore specially enacted and contained.

TITLE LXXXIII.-CAPE OF GOOD HOPE. (a)

Rule 1. ALL the regulations, clauses, and things, in any act of Geo. 3. c. 60. parliament now in force, in respect of the importing rum or spirits of the growth, produce, and manufacture, of the British sugar plantations in the West Indies, (b) or landing the same before payment of the duties of excise, or lodging or securing the same in warehouses for that purpose provided, upon the proprietor or importer giving bond as therein required, and all the fines, penalties, and forfeitures in respect thereof, shall be put in execution in respect of spirits imported directly from the settlement of the Cape of Good Hope, or the territories or dependencies thereof, as fully as if all the said regulations, &c. were particularly repeated and re-enacted in this present act.

Stores, § 6.

Rule 2. The duties of excise and customs by this act directed for spirits imported from the said settlement, territories, or dependencies, shall be allowed on the shipping thereof as stores, to be spent and consumed on board in any voyage to parts beyond the seas, in the same manner as the said duties imposed for rum or spirits of the growth, produce, and manufacture of the British sugar plantations in the West Indies, imported into this kingdom directly from the said sugar plantations, are by law directed to be allowed.

(a) As to the cession of the Cape of Good Hope to His Britannic Majesty, and as to the resorting to the Cape of ships belonging to Holland for the purposes of refreshment and repairs, see TITLE 68.

As to the Cape of Good Hope being within the limits of the East India Com pany's charter, see TITLE 74, Rule 24; and TITLE 86, in note to Rule 19.

As to letters, see TITLE 22.

As to Cape wine, see Rule 3 of this title.

(b) See TITLES 111 and 245.

c. 77. § 1.

Cape of Good

Hope, &c.

Rule 3. Any person loading on board any vessel in the Cape of 54 Geo. 3. Good Hope, or in the territories or dependencies thereof, any wine as Affidavit at of the produce of the said settlement, &c. shall, before the clearing the shipping out of such vessel, produce and deliver to the principal officer of cus- of wine at the toms at the loading port an affidavit, signed and sworn to before some justice of the peace in the said settlement, (a) either by the grower, maker, or shipper of such wine, or his known agent or factor, expressing, in words at length and not in figures, whether the same is red wine or white wine, and the particular name by which such wine is there commonly called or known, with the number and denomination of the packages, specifying such wine to be of the produce of the Cape of Good Hope, to the best of his knowledge and belief, and in which affidavit the person who brought or procured such wine from such grower or maker shall join: which affidavit shall be attested under the hand of the said justice of the peace to have been sworn to in his presence, and such justice is hereby required so to attest the same without fee or reward; and the said officer of customs to whom such affidavit shall be delivered, shall thereupon, without fee or reward, grant to the master of the vessel a certificate under his hand and seal of office of his having received such affidavit, pursuant to this act; which certificate shall express whether the said wine shipped on board such vessel is red wine or white wine, and the name by which the same is there commonly called or known, with the number and denomination of the packages in which the same shall be shipped and contained; and such officer of customs shall also (without fee or reward), within Copy. ten days after the sailing of the vessel, transmit an exact copy of the said affidavit to the secretary's office for the said settlement, on forfeiture of 201.; provided nevertheless, that if at any time there shall not be any justice of the peace at the said settlement, where any wine the produce of the said settlement shall be loaded, then it shall be lawful for the grower, maker, or shipper of such wine, or his known agent or factor, to make such affidavit before the chief officers of customs, at the place from whence such wine shall be loaded on board the vessel, and in the certificate which the principal officer of customs shall grant to such master, such principal officer shall also certify that there is not any justice of the peace resident at the said settlement, where such wine shall have been so loaded; and upon the importation of such wine, the same shall be admitted to entry at the low duty to which such wine would have been liable if this act had not been made. Rule 4. Upon the arrival of such vessel into the port of her dis- Certificate of charge, either in Great Britain, or any other part of His Majesty's dominions where such goods may be lawfully imported, the master of the said vessel shall, at the time of making his report of his cargo, deliver the said certificate to the principal officer of customs, and make oath before him that the goods so reported are the same that are mentioned in the said certificate, on forfeiture of 100l. and if any such wine be imported or found on board any vessel for which no such certificate shall be produced, or which shall not agree therewith, or which shall not be imported directly from the said settlement, the same shall be deemed to be foreign wine, not of the produce of the Cape of Good Hope, and shall be liable to the same duties, regulations,

(a) Wherever the word settlement occurs in this act, it is to be understood as applying also to territories or dependencies of the Cape of Good Hope.

affidavit at

port of dis

charge, 9.