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Sect. 2. No citizen of the Confederate States, or any other person or persons, shall, for himself or other persons, either as master, faitor, or owner, build, fit, equip, load, or otherwise prepare any ship or vessel, iu any port or place within the jurisdiction of the Confederate States, nor cause any such ship or vessel to sail from any port or place whatsoever within the jurisdiction of the same, for the purpose of procuriug any negro, mulatto, coolie, or person of colour from any foreign kingdom, place, or country (except as aforesaid), to be transported to any port or place whatsoever, to be held, sold, or otherwise disposed of as a slave, or to be held to service or labour. And if auy ship or vessel shall be so built, fitted out, equipped, laden, or otherwise prepared for the purpose aforesaid, every such ship or vessel, her tackle, apparel, furniture, and lading, shall be forfeited! one moiety, after the payment of all expenses, to the use of the Confederate States, and the other to the use of such person as shall Biiefor said forfeiture, and prosecute the same to effect in any Court of the Confederate States.
Sect. 3. Any person violating the first section of this Act, or any provisions thereof, or aiding or abetting others in the violation thereof, on conviction thereof shall be punished by imprisonment in the penitentiary, or common jail if there be no penitentiary, of the State where the conviction may be had, where by the laws of the State such penitentiary or jail may be used for that purpose, and if not, in such other place as may be provided by law, for a term not less than 10 nor longer than 20 years; and shall, moreover, be fined at the discretion of the Court, not loss than 1,000 nor more than 5,000 dollars. And if any person within the Confederate States shall knowingly sell, purchase, receive, conceal, remove, or aid aud assist in concealing or removing, any mulatto, coolie, or person of colour, so illegally imported as aforesaid, such person shall be guilty of a high misdemeanour, and on conviction shall be punished by a fine not less than 1,000 dollars and not exceeding 5,000 dollars. For all offences under this Act, each negro, mulatto, or person of colour illegally imported or sold, purchased, received, .or removed knowingly as aforesaid, shall be held aud considered as a separate offence.
Sect. 4. Every ship, vessel, boat, or other water craft, on which such negro, mulatto, coolie, or other person of colour shall have been taken ou board, received or transported as aforesaid, her tackle, apparel, furniture, and lading, shall be forfeited—one moiety to the Confederate States and the other to the informer; and all negroes, mulattoes, coolies, or other persons of colour so illegally imported as aforesaid, shall be arrested aud held by the officers of the Confederate States, to be disposed of as hereinafter directed.
Sect. 5. Every person violating the provisions, or any of them, of sect. 2 of this Act, shall be guilty of a high misdemeanor, and on conviction shall be Dimished by imprisonment, as before provided, not exceeding 5 years, and a fine not less than 1,000 nor more than 5,000 dollars.
Sect. 6. Every negro illegally imported as aforesaid into the Confederate States shall be arrested by the Marshal or his deputies, or any officer of the said States charged in any manner with the execution of this Act, and shall be safely kept, subject to the disposition hereinafter provided. And the said officer shall immediately notify the President of the Confederacy of such arrest and confinement. The President shall, as soon as possible, communicate with the Governor of the State whence the vessel in which such negroes were imported cleared, if the same be one of the United States of America, and shall offer to deliver such negroes to the said State, on receiving a guarantee from such State that the said negroes shall enjoy the rights and privileges of freemen in such State, or in any other State of The United States, or that said negroes shall be transported to Africa, and there placed at liberty, free of expense to this Government. If such proposition be rejected, or if the contingency specified above shall not have occurred, the President shall receive any proposition which maybe made by any responsible persons or society, who will furnish satisfactory guarantee to the President that such negroes will be transported to Africa, and there placed at liberty, free of expense to this Government; and if no such proposition shall be made within a reasonable time, the President shall cause said negroes to be sold at public outcry to the highest bidder in any one of the States where such sale shall not be inconsistent with the laws thereof, under such regulations as he may prescribe; the proceeds of which sale, after paying all the expenses incurred by the Government in the capture, detention, and sale of such negroes, and in the prosecution of the offenders, shall be paid, one-half to the informer (if he be bond fide such), and the other half into the Treasury of the Confederate States.
Sect. 7. All proceedings under this Act, and all offences against its provisions, shall be had and prosecuted in the District Court of the Confederate States held in the State in which, or upon the waters adjacent to which, the same may occur, or into whose port the vessel may bo carried. And the writs, processes and other mandates issued from such Courts, shall run and be enforced in anyState of this Confederacy, by the Marshal, or his Deputy, of the District which such State shall compose. And in the execution of this Act any Marshal or Deputy may summon as his posse any citizen or citizens of the Confederate States.
Sect. 8. All proceedings for offences committed against the provisions of this Act, or forfeitures incurred by the same, shall be barred unless commenced within 5 years from the time the same were committed or incurred, or from the time of the discovery of the same.
Sect. 9. Xo transfers of title to an innocent purchaser, with or without notice, for or without value, shall interfere with such forfeiture, but the same shall be declared at the instance of any informer. On such trials the informer or prosecutor shall not be required to allege or prove the name of master, owner, or consignee, nor the person from whom the negro was purchased, but shall only be required to satisfy the jury that such negro has been illegally imported. And on all such trials the person having such negro in possession shall be compelled to produce such negro in open Court for the personal inspection of the jury. On failure to comply with the order of the Court for such production, judgment of forfeiture shall go as of course, unless satisfactory excuse for such failure be offered to the Court.
Sect. 10. All other laws on the same subject shall be and the same are hereby repealed.
ACT of the British Parliament, "to afford Facilities for the ascertainment of the Law of Foreign Countries when pleaded in Courts within Her Majesty's Dominions."
[24 Vict. cap. 11.] [May 17, 1861]
Whebkas an Act was passed in the 22nd and 23rd years of Her Majesty's reign [c. 63] intituled "An Act to afford Facilities for the more certain Ascertainment of the Law administered in one Part of Her Majesty's Dominions when pleaded in the Courts of another Part thereof:" and whereas it is expedient to afford the like facilities for the better ascertainment, in similar circumstances, of the law of any foreign country or State with the Government of which Her Majesty may be pleased to enter into a Convention for the purpose of mutually ascertaining the law of such foreign country or State when pleaded in actions depending in any courts within Her Majesty's dominions and the law as administered in any part of Her Majesty's dominions when pleaded in actions depending in the courts of such foreign country or State: 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,viz.: I. If, in any action depending in any of the superior courts within Her Majesty's dominions it shall be the opinion of such court that it is necessary or expedient, for the disposal of such action, to ascertain the law applicable to the facts of the case as administered in any foreign State or country with the Government of which Her Majesty shall have entered into such Convention as aforesaid, it shall be competent to the court in which such action may depend to direct a case to be prepared setting forth the facts as these may be ascertained by verdict of jury or other mode competent, or as may be agreed upon by the parties, or settled by such person or persons as may have been appointed by the court for that purpose in the event of the parties not agreeing; and upon such case being approved of by such court or a judge thereof, such court or judge shall settle the questions of law arising out of the same on which they desire to have the opinion of another court, and shall pronounce an order remitting the same, together with the case, to such superior court in such foreign state or country as shall be agreed upon in said Convention, whose opinion is desired upon the law administered by such foreign court as applicable to the facta set forth in such case, and requesting them to pronounce their opinion on the questions submitted to them; and upon such opinion being pronounced a copy thereof, certified by an officer of such court, shall be deemed and held to contain a correct record of such opinion.
II. It shall be competent to any of the parties to the action, after having obtained such certified copy of such opinion, to lodge the same with the officer of the court within Her Majesty's dominions in which the action may be depending who may have the official charge thereof, together with a notice of motion setting forth that the party will, on a certain day named in such notice, move the court to apply the opinion contained in such certified copy thereof to the facts set forth in the case hereinbefore specified, and the said court shall thereupon, if it shall see fit, apply such opinion to such facts, in the same manner as if the same had been pronounced by such court itself upon a case reserved for opinion of the court, or upon special verdict of a jury; or the said last-mentioned court shall, if it think fit, when the said opinion has been obtained before trial, order such opinion to be submitted to the jury with the other facts of the case as conclusive evidence of the foreign law therein stated, and the said opinion shall be so submitted to the jury: provided always, that if after having obtained such certified copy the court shall not be satisfied that the facts had been properly understood by the foreign court to which the case was remitted, or shall on any ground whatsoever be doubtful whether the opinion so certified does correctly represent the foreign law as regards the facts to which it is to be applied, it shall be lawful for such court to remit the said case, either with or without alterations or amendments, to the same or to any other such superior court in such foreign State as aforesaid, and so from time to time as may be necessary or expedient.
III. If in any action depending in any court of a foreign country or State with whose Government Her Majesty shall have entered into a Convention as above set forth, such court shall deem it expedient to ascertain the law applicable to the facts of the case as administered in any part of Her Majesty's dominions, and if the foreign court in which such action may depend shall remit to the court in Her Majesty's dominions whose opinion is desired a case setting forth the facts and the questions of law arising out of the same on which they desire to have the opinion of a court within Her Majesty's dominions, it shall be competent to any of the parties to the action to present a petition to such last-mentioned court, whose opinion is to be obtained, praying such court to hear parties or their counsel, and to pronounce their opinion thereon in terms of this Act, or to pronounce their opinion without hearing parties or counsel; and the court to which such petition shall be presented shall consider the same, and, if they think fit, shall appoint an early day for hearing parties or their counsel on such case, and shall pronounce their opinion upou the questions of law as administered by them which are submitted to them by the foreign court; and in order to their pronouncing such opinion they shall be entitled to take such further procedure thereupon as to them shall seem proper, and upon such opinion being pronounced a copy thereof, certified by an officer of such court, shall be given to each of the parties to the action by whom the same shall be required.
• IV. In the construction of this Act the word "action" shall include every judicial proceeding instituted in'any court, civil, criminal, or ecclesiastical; and the words "superor courts" shall include, in England, the superior courts of law at Westminster, the Lord Chancellor, the Lords Justices, the Master of the Rolls, or any Vice-Chancellor, the Judge of the Court of Admiralty, the Judge Ordinary of the Court for Divorce and Matrimonial Causes, and the Judge of the Court of Probate; in Scotland, the High Court of Justiciary, and the Court of Session, acting by either of its divisions; in Ireland, the superior courts of law at Dubliu, the Master of the Rolls, and the Judge of the Admiralty Court; and in any other part of Her Majesty's dominions, the superior courts of law or equity therein; and in a foreign country or State, any superior court or courts which shall be set forth in any such Convention between Her Majesty and the Government of such foreign country or State.
TRAITE d'Amitie, de Commerce, et de Navigation entre la Prusse et la Turquie.—Fait a Constantinople, le 20 Mars, 1S62.
Sa Majeste le Roi de Prusse, agissant taut en Son nom et pour les autres Pays et parties de Pays souverains compris dans Son systeme de douanes et d'imp&ts, savoir: Le Grand-Ducke de Lux* Signed also in the German language.