1783: 23 George 3 c.65: African Company of Merchants Act

1783: 23 George 3 c.65: An Act for repealing an Act, made in the Fifth Year of the Reign of his present Majesty, intituled, An Act for repealing the Act made in the last Session of Parliament, intituled, “An Act for vesting the Fort of Senegal, and its Dependencies, in the Company of Merchants trading to Africa;” and to vest as well the said Fort and its Dependencies, as all other the British Ports and Settlements upon the Coast of Africa, lying between the Port of Sallee and Cape Rouge, together with all the Property, Estate, and Effects of the Company of Merchants trading to Africa, in or upon the said Forts, Settlements, and their Dependencies, in his Majesty; and for securing, extending, and improving the Trade to Africa; and for vesting James Fort, in the River Gambia, and its Dependencies, and all other the British Ports and Settlements between the Port of Sallee and Cape Rouge, in the Company of Merchants trading to Africa, and for securing and regulating the Trade to Africa.

[Preamble.]

WHEREAS by the Preliminary Articles of Peace between his Majesty and the Most Christian King, signed at Versailles, on the twentieth Day of January, one thousand seven hundred and eighty-three, it was agreed, that the Fort of Senegal, and its Dependencies, should be ceded to his Most Christian Majesty, who, on his Part, guarantied to his Majesty the Possession of Fort James, and the River Gambia: And whereas the said Fort and River are within the Limits between the Port of Sallee and Cape Rouge, on the Coast of Africa; and by an Act made in the fifth Year of the Reign of his present Majesty, (intituled, An Act for repealing the Act made in the last Session of Parliament, intituled, “An Act for vesting the Fort of Senegal, and its Dependencies, in the Company of Merchants trading to Africa and to vest as well the said Fort and its Dependencies, as all other the British Forts and Settlements upon the Coast of Africa, lying between the Port of Sallee and Cape Rouge, together with all the Property, Estate, and Effects of the Company of Merchants trading to Africa, in or upon the said Forts, Settlements, and their Dependencies, in his Majesty; and for securing, extending, and improving the Trade to Africa), were vested in his Majesty, his Heirs and Successors, and were theretofore vested in the Company of Merchants trading to Africa, by an Act made in the twenty-third Year of the Reign of his late Majesty King George the Second (intituled, An Act for extending and improving the Trade to Africa): And whereas it will tend to the Preservation and Improvement of the British Trade, if the said Fort and River, and their Dependencies, extending to Cape Rouge as aforesaid, were under the Direction of, and vested in the said Company of Merchants trading to Africa, in like Manner as they were before the said Act, made in the fifth Year of his present Majesty’s Reign: Be it therefore 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,

[5 Geo. III. cap. 44. repealed.]

That, from and immediately after the passing of this Act, the said Act, made in the fifth Year of his present Majesty’s Reign (intituled, An Act for repealing the Act made in the last Session of Parliament, intituled, An Act for Vesting the Fort of Senegal, and its Dependencies, in the Company of Merchants trading to Africa; and to vest as well the said Fort, and its Dependencies, as all other the British Forts and Settlements upon the Coast of Africa, lying between the Port of Sallee and Cape Rouge, together with all the Property, Estate, and Effects of the Company of Merchants trading to Africa, in or upon the said Forts, Settlements, and their Dependencies, in his Majesty; and for securing, extending, and improving the Trade to Africa), and every Clause, Matter, and Thing therein contained, shall be, and the same is hereby repealed.

[From the passing of this Act, Fort James, and the River Gambia, their Dependencies, &c. shall be vested in the African Company.]

II. And be it further enacted by the Authority aforesaid, That, from and after the passing of this Act, as well the said Fort James and the River Gambia, and their Dependencies, as all other the Forts, Lands, Castles, Settlements, and Factories, on the Coast of Afica, beginning at the Port of Sallee, and extending from thence to Cape Rouge, and all other the Regions, Countries, Dominions, Territories, Continents, Coasts, Ports, Bays, Rivers, and Places, lying and being within the Limits aforesaid, and the Islands near adjoining 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 herein before mentioned, 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 the said Act of the fifth Year of his present Majesty’s Reign, 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 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, Orders, Direction, Government, Limitations, Restrictions, Powers, and Authorities, as the other Forts and Settlements upon the Coast of Africa are now, of which those in this Act mentioned were heretofore, when vested in the said Company of Merchants trading to Africa, by virtue of the said Act made in the twenty-third Year of his late Majesty’s Reign: And the said Company of Merchants trading to Africa shall and 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.

[The African Trade to be free and open to all his Majesty’s Subjects.]

III. Provided always, and be it further enacted by the Authority aforesaid, That the Trade to and from Africa shall continue free and open to all his Majesty’s Subjects; and that it shall be lawful for all his Majesty’s Subjects, without Preference or Distinction, to trade and traffick to and from any of the Ports or Places hereby vested in the said Company of Merchants trading to Africa, without any Restraint whatever; and that 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 on the said Act made in the twenty-third Year of his late Majesty’s Reign.

[No Servant to the Committee of the Company to export Negroes on his own Account.]

IV. And be it further enacted by the Authority aforesaid, That it shall not be lawful for any of the Officers or Servants, employed by the Committee of the said Company of Merchants trading to Africa, upon the Coast of Africa, to export Negroes from, thence upon their own Account; and that if any of the said Officers or Servants shall be found to be directly, or indirectly, interested in such Exportation of Negroes from Africa, he shall be dismissed from the Service of the said Committee.

V. ‘And whereas by the said Act, made in the twenty-third Year of his late Majesty’s Reign, it is enacted, That the Committee of the said Company of Merchants trading to Africa, shall give an Account, upon Oath, of all the Money received by them, and the Application thereof; but no Provision is thereby made with respect to the Accounts to be given by their Officers and Servants of the Disposal or Application of the Goads and Stores purchased from Time to Time by the said Committee, and by them sent to Africa, to be there used and applied, as by the said Act is directed;’ Be it therefore enacted by the Authority aforesaid,

[Servants to the Committee to account annually, upon Oath.]

That every Officer or other Person employed by the said Committee, on the Coast of Afica, to whom any Part of such Goods and Stores, so purchased and sent out as aforesaid, shall be consigned and delivered, shall be required to transmit to the said Committee, once at least in every Year, an Account of the Disposal and Application of all such Goods and Stores within the preceding Year, having first made Oath to the Truth of such Account before such Person as shall be authorised by his Majesty, his Heirs and Successors, to administer the same; and that no such Officer, or other Person as aforesaid, shall be deemed to be discharged, in respect of any such Goods and Stores confined or delivered to him as aforesaid, in any other Manner than by an Account given upon Oath of the Disposal and Application thereof; and if any such Officer, or other Person, shall neglect to transmit to the said Committee such Account as is herein-before required, the said Committee are hereby enjoined and required forthwith to suspend him from the Enjoyment of his Salary; and in case, upon Enquiry, they shall find such Neglect to have been wilful, they are hereby enjoined and required to dismiss him from their Service.

[Committee to make out annually, an Account of the Disposal of the Goods and Stores sent out, and of the Sum granted by Parliament for the preceding year.]

VI. ‘And, to prevent any Misapplication of the Sums granted by Parliament for the Support and Maintenance of the Forts and Settlements upon the Coast of Africa, or Embezzlement of the Goods and Stores by the Servants of the said Company;’ Be it further enacted by the Authority aforesaid, That the said Committee shall yearly, and every Year, within three Months after they shall have received the Accounts, by this Act directed, of the Disposal and Application, upon the Coast of Africa, of the Goods and Stores by them purchased and sent out, make out a distinct Account, as well of the Sum granted by Parliament for the preceding Year, as of the Disposal and Application of the Goods and Stores upon the Coast of Africa as aforesaid, together with a Schedule of what Part of the said Goods and Stores remain on hand towards the Expenditure of the succeeding Year;

[Such Account to be laid before both Houses of Parliament, and delivered to one of the Secretaries of State, attested upon Oath.]

which Account shall be by them laid before both Houses of Parliament, and also delivered in to one of his Majesty’s Principal Secretaries of State, attested upon Oath, in like Manner as the Account by them to be rendered of the Application of Monies granted by Parliament is, by the said Act made in the twenty-third Year of his late Majesty’s Reign, directed to be attested.

Source: Ruffhead, Statutes at Large, vol. 14.