resources
The
Slavery Abolition Act
28th August 1833
An Act for
the Abolition of Slavery throughout the British Colonies; for promoting
the Industry of the manumitted Slaves; and for compensating the
Persons hitherto entitled to the Services of such Slaves
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'Whereas
divers Persons are holden in Slavery within divers of His
Majesty's Colonies, and it is just and expedient that all
such Persons should be manumitted and set free, and that a
reasonable Compensation should be made to the Persons hitherto
entitled to the Services of such Slaves for the Loss which
they will incur by being deprived of their Right to such Services:
And whereas it is also expedient that Provision should be
made for promoting the Industry and securing the good Conduct
of the Persons so to be manumitted, for a limited Period after
such their Manumission: And whereas it is necessary that the
Laws now in force in the said several Colonies should forthwith
be adapted to the new State and Relations of Society therein
which will follow upon such general Manumission as aforesaid
of the said Slaves; and that, in order to afford the necessary
Time for such Adaptation of the said Laws, a short Interval
should elapse before such Manumission should take effect;' |
All
Persons who on the 1st August 1834 shall have been registered
as Slaves, and shall appear on the Registry to be Six Years
old or upwards, shall from that Day become apprenticed Labourers.
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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, That from and after the
first Day of August One thousand eight hundred and thirty-four
all Persons who in conformity with the Laws now in force in
the said Colonies respectively shall on or before the first
Day of August One thousand eight hundred and thirty-four have
been duly registered as Slaves in any such Colony, and who
on the said first Day of August One thousand eight hundred
and thirty-four shall be actually within any such Colony,
and who shall by such Registries appear to be on the said
first Day of August One thousand eight hundred and thirty-four
of the full Age of Six Years or upwards, shall by force and
virtue of this Act, and without the previous Execution of
any Indenture of Apprenticeship, or other Deed or Instrument
for that Purpose, become and be apprenticed Labourers; provided
that, for the Purposes aforesaid, every Slave engaged in his
ordinary Occupation on the Seas shall be deemed and taken
to be within the Colony to which such Slave shall belong.
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Who
entitled to Services of the Slave as an apprenticed Labourer.
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II.
And be it further enacted, That during the Continuance of
the Apprenticeship of any such apprenticed Labourer such Person
or Persons shall be entitled to the Services of such apprenticed
Labourer as would for the Time being have been entitled to
his or her Services as a Slave if this Act had not been made.
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All
Slaves brought into the United Kingdom with Consent of Possessors,
free.
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III.
Provided also, and be it further enacted, That all Slaves
who may at any Time previous to the passing of this Act have
been brought with the Consent of their Possessors, and all
apprenticed Labourers who may hereafter with the like Consent
be brought, into any part of the United Kingdom of Great Britain
and Ireland, shall from and after the passing of this Act
be absolutely and entirely free to all Intents and Purposes
whatsoever. |
Apprenticed
Labourers to be divided into Three Classes, viz. praedial attached,
praedial unattached, and non-praedial.
Proviso.
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IV.
'And whereas it is expedient that all such apprenticed Labourers
should, for the Purposes herein-after mentioned, be divided
into Three distinct Classes, the First of such Classes consisting
of praedial apprenticed Labourers attached to the Soil, and
comprising all Persons who in their State of Slavery were
usually employed in Agriculture, or in the Manufacture of
Colonial Produce or otherwise, upon Lands belonging to their
Owners; the Second of such Classes consisting of praedial
apprenticed Labourers not attached to the Soil, and comprising
all Persons who in their State of Slavery were usually employed
in Agriculture, or in the Manufacture of Colonial Produce
or otherwise, upon Lands not belonging to their Owners; and
the Third of such Classes consisting of non praedial apprenticed
Labourers and comprising all apprenticed Labourers not included
within either of the Two preceding Classes:' be it therefore
enacted, That such Division as aforesaid of the said apprenticed
Labourers into such Classes as aforesaid shall be carried
into effect in such Manner and Form and subject to such Rules
and Regulations as shall for that Purpose be established under
such Authority, and in and by such Acts of Assembly, Ordinances,
or Orders in Council, as herein after mentioned: Provided
always, that no Person of the Age of Twelve Years and upwards
shall by or by virtue of any such Act of Assembly, Ordinance,
or Order in Council be included in either of the said Two
Classes of praedial apprenticed Labourers unless such Person
shall for Twelve Calendar Months at the least next before
the passing of this present Act have been habitually employed
in Agriculture or in the Manufacture of Colonial Produce.
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Apprenticeship
of the praedial Labourers not to continue beyond 1st August
1840.
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V.
And be it further enacted, That no Person who by virtue of
this Act, or of any such Act of Assembly, Ordinance, or Order
in Council as aforesaid, shall become a praedial apprenticed
Labourer, whether attached or not attached to the Soil, shall
continue in such Apprenticeship beyond the first Day of August
One thousand eight hundred and forty; and that during such
his or her Apprenticeship no such praedial apprenticed Labourer,
whether attached or not attached to the Soil, shall be bound
or liable, by virtue of such Apprenticeship, to perform any
Labour in the Service of his or her Employer or Employers
for more than forty-five Hours in the whole in any One Week.
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of
the non-praedial Labourers not beyond 1st August 1838.
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VI.
And be it further enacted, That no Person who by virtue of
this Act or of any such Act of Assembly, Ordinance, or Order
in Council as aforesaid, shall become a non-praedial apprenticed
Labourer, shall continue in such Apprenticeship beyond the
first Day of August One thousand eight hundred and thirty-eight.
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Before
the Apprenticeship is expired, the Labourer may be discharged
by the voluntary Act of his Employer. In case of the voluntary
Discharge of aged or infirm apprenticed Labourers, tbeEmployer
to continue liable for their Support.
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VII.
And be it further enacted, That if before any such Apprenticeship
shall have expired the Person or Persons entitled for and
during the Remainder of any such Term to the Services of such
apprenticed Labourer shall be desirous to discharge him or
her from such Apprenticeship, it shall be lawful for such
Person or Persons so to do by any Deed or Instrument to be
by him, her, or them for that Purpose made and executed; which
Deed or Instrument shall be in such Form, and shall be executed
and recorded in such Manner and with such Solemnities, as
shall for that Purpose be prescribed under such Authority,
and in and by such Acts of Assembly, Ordinances, or Orders
in Council, as herein-after mentioned: Provided nevertheless,
that if any Person so discharged from any such Apprenticeship
by any such voluntary Act as aforesaid shall at that Time
be of the Age of Fifty Years or upwards, or shall be then
labouring under any such Disease or mental or bodily Infirmity
as may render him or her incapable of earning his or her Subsistence,
then and in every such Case the Person or Persons so discharging
any such apprenticed Labourer as aforesaid shall continue
and be liable to provide for the Support and Maintenance of
such apprenticed Labourer during the remaining Term of such
original Apprenticeship, as fully as is such apprenticed Labourer
had not been discharged therefrom.
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Apprenticed
Labourer may purchase his Discharge against the Will of his
Employer, on an Appraisement. How Appraisement and involuntary
Discharge to be effected.
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VIII.
And be it further enacted, That it shall be lawful for any
such apprenticed Labourer to purchase his or her Discharge
from such Apprenticeship, even without the Consent, or in
opposition, if necessary, to the Will of the Person or Persons
entitled to his or her Services, upon payment to such Person
or Persons of the appraised Value of such Services; which
Appraisement shall be effected, and which Purchase Money shall
be paid and applied, and which Discharge shall be given and
executed, in such Manner and Form, and upon, under, and subject
to such Conditions, as shall be prescribed under such Authority,
and by such Acts of Assembly Ordinances, or Orders in Council,
as are herein-after mentioned.
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Apprenticed
Labourers not removable from the Colony. Praedial apprenticed
Labourers not removable from the Plantation except by Consent
of Two Special Justices. Consent not to be given till the Justices
have ascertained that the Removal will not separate the Members
of Families. How Consent to be given and recorded.
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IX.
And be it further enacted, That no apprenticed Labourer shall
be subject or liable to be removed from the Colony to which
he or she may belong; and that no praedial apprenticed Labourer
who may in Manner aforesaid become attached to the Soil shall
be subject or liable to perform any Labour in the Service
of his or her Employer or Employers except upon or in or about
the Works and Business of the Plantations or Estates to which
such praedial apprenticed Labourer shall have been attached
or on which he or she shall have been usually employed on
or previously to the said first Day of August One thousand
eight hundred and thirty-four: Provided nevertheless, that,
with the Consent in Writing of any Two or more Justices of
the Peace holding such Special Commission as herein-after
mentioned, it shall be lawful for the Person or Persons entitled
to the Services of any such attached praedial apprenticed
Labourer or Labourers to transfer his or their Services to
any other Estate or Plantation within the same Colony to such
Person or Persons belonging; which written Consent shall in
no Case be given, or be of any Validity, unless any such Justices
of the Peace shall first have ascertained that such Transfer
would not have the Effect of separating any such attached
praedial apprenticed Labourer from his or her Wife or Husband,
Parent or Child, or from any Person or Persons reputed to
bear any such Relation to him or her, and that such Transfer
would not probably be injurious to the Health or Welfare of
such attached praedial apprenticed Labourer; and such written
Consent to any such Removal shall be expressed in such Terms,
and shall be in each Case given, attested, and recorded in
such Manner, as shall for that Purpose be prescribed under
such Authority, and by such Acts of Assembly, Ordinances,
and Orders in Council, as herein-after mentioned.
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Right
to the Services of apprenticed; Labourers to be transferable
Property. Labourer not to be separated from Wife, &c.
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X.
And be it further enacted and declared, That the Right or
Interest of any Employer or Employers to and in the Services
of any such apprenticed Labourers as aforesaid shall pass
and be transferable by Bargain and Sale, Contract, Deed, Conveyance,
Will, or Descent, according to such Rules and in such Manner
as shall for that Purpose be provided by any such Acts of
Assembly, Ordinances, or Orders in Council as herein-after
mentioned; provided that no such apprenticed Labourer shall,
by virtue of any such Bargain and Sale, Contract, Deed, Conveyance,
Will, or Descent, be subject or liable to be separated from
his or her Wife or Husband, Parent or Child, or from any Person
or Persons reputed to bear any such Relation to him or her.
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| Employer
to supply the Labourer with such Food, &c. as the Law at
present requires in case of SIaves. Where the praedial Labourer
shall be maintained by the Cultivation of Provision Grounds,
a proper Quantity of Ground with leisure Time to be set apart
by the Employer. How the Extent and Locality of the Provision
Grounds and the Quantity of Time are to be regulated |
XI.
And be it further enacted, That during the Continuance of
any such Apprenticeship as aforesaid the Person or Persons
for the Time being entitled to the Services of every such
apprenticed Labourer shall be and is and are hereby required
to supply him or her with such Food, Clothing, Lodging, Medicine,
Medical Attendance, and such other Maintenance and Allowances
as by any Law now in force in the Colony to which such apprenticed
Labourer may belong an Owner is required to supply to and
for any Slave being of the same Age and Sex as such apprenticed
Labourer shall be; and in Cases in which the Food of any such
praedial apprenticed Labourer shall be supplied, not by the
Delivery to him or her of Provisions, but by the Cultivation
by such praedial apprenticed Labourer of Ground set apart
for the Growth of Provisions, the Person or Persons entitled
to his or her Services shall and is or are hereby required
to provide such praedial apprenticed Labourer with Ground
adequate, both in Quantity and Quality, for his or her Support,
and within a reasonable distance of his or her usual Place
of Abode, and to allow to such praedial apprenticed Labourer,
from and out of the annual Time during which he or she may
be required to labour, after the Rate of forty-five Hours
per Week as aforesaid, in the Service of such his or her Employer
or Employers, such a Portion of Time as shall be adequate
for the proper Cultivation of such Ground, and for the raising
and securing the Crops thereon grown; the actual extent of
which Ground and the Distance thereof from the Place of Residence
of the praedial apprenticed Labourer for whose Use it may
be so allotted, and the length of Time to be deducted for
the Cultivation of the said Ground from the said annual Time,
shall and may, in each of the Colonies aforesaid, be regulated
under such Authorities, and by such Acts of Assembly, Ordinances,
or Orders in Council as herein after mentioned.
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Subject
to the Obligations imposed hereby, all Slaves in the British
Colonies emancipated from the 1st August 1834; from which Time
slavery shall be abolished throughout the British Dominions.
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XII.
And be it further enacted, That, subject to the Obligations
imposed by this Act, or to be imposed by any such Act of General
Assembly, Ordinance, or Order in Council as herein-after mentioned,
upon such apprenticed Labourers as aforesaid, all and every
the Persons who on the said first Day of August One thousand
eight hundred and thirty-four shall be holden in Slavery within
any such British Colony as aforesaid shall upon and from and
after the said first Day of August One thousand eight hundred
and thirty-four become and be to all Intents and Purposes
free and discharged of and from all Manner of Slavery, and
shall be absolutely and for ever manumitted; and that the
Children thereafter to be born to any such Persons, and the
Offpring of such Children shall in like Manner be free from
their Birth; and that from, and after the said first Day of
August One thousand eight hundred and thirty-four Slavery
shall be and is hereby utterly and for ever abolished and
declared unlawful throughout the British Colonies, Plantations,
and Possessions Abroad.
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Children
below the Age of Six on 1st August 1834, or born after that
Time to any Female Apprentice, if destitute, may be bound out
by any Special Magistrate as an Apprentice to the Person entitled
to the Services of the Mother; but at the Date of such Indentures
the Apprentice must be under Twelve Years of Age.
Indentures to continue in force until the Child has completed
his or her Twenty-first Year and no longer.
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XIII.
'And whereas it may happen that Children who have not attained
the Age of Six Years on the said first Day of August One thousand
eight hundred and thirty-four, or that Children who after
that Day may be born to any female apprenticed Labourers,
may not be properly supported by their Parents, and that no
other Person may be disposed voluntarily to undertake the
Support of such Children; and it is necessary that Provision
should be made for the Maintenance of such Children in any
such Contingency;' be it therefore enacted, That if any Child
who on the said first Day of August One thousand eight hundred
and thirty-four had not completed his or her Sixth Year, or
if any Child to which any female apprenticed Labourer may
give birth on or after the said first Day of August One thousand
eight hundred and thirty-four, shall be brought before any
Justice of the Peace holding any such Special Commission as
herein-after mentioned, and if it shall be made to appear
to the Satisfaction of such Justice that any such Child is
unprovided with an adequate Maintenance, and that such Child
hath not completed his or her Age of Twelve Years, it shall
be lawful for such Justice, and he is hereby required on behalf
of any such Child to execute an Indenture of apprenticeship,
thereby binding such Child as an apprenticed Labourer to the
Person or Persons entitled to the Services of the Mother of
such Child, or who had been last entitled to the Services
of such Mother; but in case it shall be made to appear to
any such Justice that such Person or Persons aforesaid is
or are unable or unfit to enter into such Indenture, and properly
to perform the Conditions thereof, then it shall be lawful
for such Justice and he is hereby required by such Indenture
to bind any such Child to any other Person or Persons to be
by him for that Purpose approved, and who may be willing and
able properly to perform such Conditions; and it shall by
every such Indenture of Apprenticeship be declared whether
such Child shall thenceforward belong to the Class of attached
praedial apprenticed Labourers, or to the Class of unattached
praedial apprenticed Labourers, or to the Class of non-praedial
apprenticed Labourers; and the Term of such Apprenticeship
of any such Child shall by such Indenture be limited and made
to continue in force until such Child shall have completed
his or her Twenty-first Year, and no longer; and every Child
so apprenticed as aforesaid by the Order of any such Justice
of the Peace as aforesaid shall during his or her Apprenticeship
be subject to all such and the same Rules and Regulations
respecting the Work or Labour to be by them done or performed,
and respecting the Food arid other Supplies to be to him or
her furnished, as any other such apprenticed Labourers as
aforesaid: Provided always that the said Indenture of Apprenticeship
shall contain sufficient Words of Obligation upon the Employer
to allow reasonable Time and Opportunity for the Education
and Religious Instruction of such Child.
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His
Majesty, or any Governor by His Authority, may appoint Justices
of the Peace by Special Commission to give effect to this Act
and to all Colonial Laws to be made in pursuance of this Act;
and no other Qualification necessary. Such Justices may also
be included in the General Commission of the Peace.
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XIV.
'And for ensuring the effectual Superintendence of the said
apprenticed Labourers, and the Execution of this Act,' be
it enacted, That it shall and may be lawful for His Majesty
to issue, or to authorize the Governor of any such Colony
as aforesaid, in the Name and on the Behalf of His Majesty,
to issue under the Public Seal of any such Colony, One or
more Special Commission or Commissions to any One or more
Person or Persons, constituting him or them a Justice or Justices
of the Peace for the whole of any such Colony, or for any
Parish, Precinct, Quarter, or other District within the same,
for the special Purpose of giving effect to this present Act,
and to any Laws which may, in manner herein-after mentioned,
be made for giving more complete Effect to the same; and every
Person to or in favour of whom any such Commission may be
issued shall by force and virtue thereof, and without any
other Qualification, be entitled and competent to act as a
Justice of the Peace within the Limits prescribed by such
his Commission for such special Purposes aforesaid, but for
no other Purposes: Provided nevertheless, that nothing herein
contained shall prevent or be construed to prevent any Person
commissioned as a Justice of the Peace for such special Purpose
as aforesaid from being included in the General Commission
of the Peace for any such Colony, or for any Parish, Precinct,
Quarter or other District thereof, in case it shall seem fit
to His Majesty, or to the Governor of any such Colony acting
by His Majesty's Authority, to address both such Special Commission
and such General Commission as aforesaid in any Case to the
same Person or Persons.
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His
Majesty may grant Salaries to Special Justices.
Lists of such Persons to be laid before Parliament.
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XV.
And be it further enacted, That His Majesty shall be and he
is hereby authorized to grant to any Person or Persons, not
exceeding One hundred in the whole, holding any such Special
Commission or Commissions as aforesaid, and so from Time to
Time as Vacancies may occur, Salaries at and after a Rate
not exceeding in any Case the Sum of Three hundred Pounds
Sterling per Annum, which Salary shall be payable so long
only as any such Justice of the Peace shall retain any such
Special Commission, and shall be actually resident in such
Colony, and engaged in the Discharge of the Duties of such
his Office; provided that no Person receiving or entitled
to receive any Half Pay, Pension, or Allowance for or in respect
of any past Services in His Majesty's Naval or Land Forces
shall, by the Acceptance of any such Special Commission or
Salary as aforesaid, forfeit or become incapable of receiving
or lose his Right to receive such Half Pay, Pension, or Allowance,
or any Part thereof, any Law, Statute, or Usage to the contrary
in anywise notwithstanding: Provided also, that there be annually
laid before both Houses of Parliament a List of the Names
of all Persons to whom any such Salary shall be so granted,
specifying the Date of every such Commission, and the Amount
of the Salary assigned to every such Justice of the Peace.
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Recital
of various Regulations necessary for giving Effect to this Act.
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XVI.
'And whereas it is necessary that various Rules and Regulations
should be framed and established for ascertaining, with reference
to each apprenticed Labourer within the said Colonies respecively,
whether he or she belongs to the Class of attached praedial
apprenticed Labourers, or to the Class of unattached apprenticed
Labourers, or to the Class of non-praedial apprenticed Labourers,
and for determining the Manner and Form in which and the Solemnities
with which the voluntary Discharge of any apprenticed Labourer
from such his or her Apprenticeship may be effected, and for
prescribing the Form and Manner in which and the Solemnities
with which the Purchase by any such apprenticed Labourer or
his or her Discharge from such Apprenticeship without, or
in opposition, if necessary, to, the Consent of the Person
or Persons entitled to his or her Services, shall be effected,
and how the necessary Appraisement of the future Value of
such Services shall be made, and how and to whom the Amount
of such Appraisement shall in each Case be paid and applied,
and in what Manner and Form and by whom the Discharge from
any such Apprenticeship shall thereupon be given, executed,
and recorded; and it is also necessary, for the Preservation
of Peace throughout the said Colonies, that proper Regulations
should be framed and established for the Maintenance of Order
and good Discipline amongst the said apprenticed Labourers,
and for ensuring the punctual Discharge of the Services due
by them to their respective Employers, and for the Prevention
and Punishment of Indolence, or the Neglect or improper Performance
of Work by any such apprenticed Labourer, and for enforcing
the due Performance by any such apprenticed Labourer of any
Contract into which he or she may voluntarily enter for any
hired Service during the Time in which he or she may not be
bound to labour for his or her Employer, and for the Prevention
and Punishment of Insolence and Insubordination on the Part
of any such apprenticed Labourers towards their Employers,
and for the Prevention or Punishment of Vagrancy or of any
Conduct on the Part of any such apprenticed Labourers injuring
or tending to the Injury of the Property of any such Employer,
and for, the Suppression and Punishment of any Riot or combined
Resistance of the Laws on the Part of any such apprenticed
Labourers, and for preventing the Escape of any such apprenticed
Labourers, during their Term of Apprenticeship, from the Colonies
to which they may respectively belong: And whereas, it will
also be necessary for the Protection of such apprenticed Labourers
as aforesaid that various Regulations should be framed and
established in the said respective Colonies for securing Punctuality
and Method in the Supply to them of such Food, Clothing, Lodging,
Medicines, Medical Attendance, and such other Maintenance
and Allowances as they are herein-before declared entitled
to receive, and for regulating the Amount and Quality of all
such Articles in Cases where the Laws at present existing
in any such Colony may not in the Case of Slaves have made
any Regulation or any adequate Regulation for that Purpose;
and it is also necessary that proper Rules should be established
for the Prevention and Punishment of any Frauds which might
be practiced, or of any Omissions or Neglects which might
occur, respecting the Quantity or the Quality of the Supplies
so to be furnished, or respecting the Periods for the Delivery
of the same: And whereas it is necessary, in those Cases in
which the Food of any such praedial apprenticed Labourers
as aforesaid may either wholly or in part be raised by themselves
by the Cultivation of Ground to be set apart and allotted
for that Purpose, that proper Regulations should be made and
established as to the Extent of such Grounds, and as to the
Distance at which such Grounds may be so allotted from the
ordinary Place of Abode of such praedial apprenticed Labourers,
and respecting the Deductions to be made from the Cultivation
of such Grounds, from the annual Time during which such praedial
apprenticed Labourers are herein-before declared liable to
labour: And whereas it may also be necessary, by such Regulations
as aforesaid, to secure to the said praedial apprenticed Labourers
the Enjoyment for their own Benefit of that Portion of their
Time during which they are not hereby required to labour in
the Service of their respective Employers, and for securing
exactness in the Computation of the Time during which such
praedial apprenticed Labourers are hereby required to labour
in the Service of such their respective Employers; and it
is also necessary that Provision should be made for preventing
the Imposition of Task-work on any such apprenticed Labourer
without his or her free Consent to undertake the same; but
it may be necessary by such Regulations in certain Cases to
require and provide for the Acquiescence of the Minority of
the praedial apprenticed Labourers attached to any Plantation
or Estate in the Distribution and Apportionment amongst the
whole Body of such Labourers of any Task-work which the Majority
of such Body shall be willing and desirous collectively to
undertake; and it is also necessary that Regulations should
be made respecting any voluntary Contracts into which any
apprenticed Labourers may enter with their respective Employers
or with any other Person for hired Service for any future
Period, and for limiting the greatest Period of Time to which
such voluntary Contract may extend, and for enforcing the
punctual and effectual Performance of such voluntary Contracts
on the Part both of such apprenticed Labourers and of the
Person or Persons engaging for their Employment and Hire;
and it is also necessary that Regulations should be made for
the Prevention or Punishment of any Cruelty, Injustice, or
other Wrong or Injury which may be done to or inflicted upon
any such apprenticed Labourers by the Persons entitled to
their Services; and it is also necessary that proper Regulations
should be made respecting the Manner and Form in which such
Indentures of Apprenticeship as aforesaid shall be made on
behalf of such Children as aforesaid, and respecting the registering
and Preservation of all such Indentures: And whereas it is
also necessary that Provision should be made for ensuring
Promptitude and Dispatch, and for preventing all unnecessary
Expence, in the Discharge by the Justices of the Peace holding
such Special Commissions as aforesaid of the jurisdiction
and Authorities thereby committed to them, and for enabling
such Justices to decide in a summary Way such Questions as
may be brought before them in that Capacity, and for the Division
of the said respective Colonies into Districts for the Purposes
of such Jurisdiction, and for the frequent and punctual Visitation
by such Justices of the Peace of the apprenticed Labourers
within such their respective Districts; and it is also necessary
that Regulaitons should be made for indemnifying and protecting
such Justices of the Peace in the upright Execution and Discharge
of their Duties: And whereas such Regulations as aforesaid
could not without great Inconvenience be made except by the
respective Governors, Councils, and Assemblies, or other local
Legislatures of the said respective Colonies, or by His Ma
jesty, with the Advice of His Privy Council, in reference
to those Colonies to which the Legislative Authority of His
Majesty in Council extends;'
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This
Act not to prevent the Enactment, by Colonial Assemblies or
by His Majesty in Council, of the Laws necessary for establishing
such Regulations. Provisions repugnant to this Act contained
in any such Colonial Law void.
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be
it therefore enacted and declared, That nothing in this Act
contained extends or shall be construed to extend to prevent
the Enactment by the respective Governors, Councils, and Assemblies,
or by such other local Legislatures as aforesaid, or by His
Majesty, with the Advice of His Privy Council, of any such
Acts of General Assembly, or Ordinances, or Orders in Council
as may be requisite for making and establishing such several
Rules and Regulations as aforesaid, or any of them, or for
carrying the same or any of them into full and complete Effect:
Provided nevertheless, that it shall not be lawful for any
such Governor, Council, and Assembly, or for any such local
Legislature, or for His Majesty in Council, by any such Acts
of Assembly, Ordinances, or Orders in Council as aforesaid,
to make or establish any Enactment, Regulation, Provision,
Rule, or Order which shall be in anywise repugnant or contradictory
to this present Act or any Part thereof, but that every such
Enactment, Regulation, Provision, Rule, or Order shall be
and is hereby declared to be absolutely null and void and
of no effect.
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Such
Colonial Acts may not authorize the whipping or other Punishment
of the Labourer by the Employer's Authority.
|
XVII.
Provided also, and be it further enacted, That it shall not
be lawful for any such Governor, Council, and Assembly, or
other Colonial Legislature, or for His Majesty in Council,
by any such Act, Ordinance, or Order in Council, to authorize
any Person or Persons entitled to the Services of any such
apprenticed Labourer, or any other Person or Persons other
than such Justices of the Peace holding such Special Commissions
as aforesaid, to punish any such apprenticed Labourer for
any Offence by him or her committed or alleged to have been
committed by the whipping, beating, or Imprisonment of his
or her Person, or by any other personal or other Correction
or Punishment whatsoever, or by any Addition to the Hours
of Labour herein-before limited; nor to authorize any Court,
Judge, or Justice of the Peace to punish any such apprenticed
Labourer, being a Female, for any Offence by her committed,
by whipping or beating her Person; and that every Enactment,
Regulation, Provision, Rule, or Order for any such Purpose
in any such Act, Ordinance, or Order in Council contained
shall be and is hereby declared to be absolutely null and
void and of no effect: Provided always, that nothing in this
Act contained doth or shall extend to exempt any apprenticed
Labourer in any of the said Colonies from the Operation of
any Law or Police Regulation which is or shall be in force
therein for the Prevention or Punishment of any Offence, such
Law or Police Regulation being in force against and applicable
to all other Persons of free Condition.
|
Colonial
Acts or Orders in Council not to authorize any Justices, except
those having Special Commissions, to act in execution thereof.
|
XVIII.
Provided also, and be it further enacted, That it shall not
be lawful for any such Governor, Council, and Assembly, or
for any such local Legislature, or for His Majesty in Council,
by any such Acts of General Assembly, Ordinances, or Orders
in Council as aforesaid, to authorize any Magistrate or Justice
of the Peace, other than and except the Justices of the Peace
holding such Special Commissions as aforesaid, to take cognizance
of any Offence committed or alleged to have been committed
by any such apprenticed Labourer, or by his or her Employer,
in such their Relation to each other, or of the Breach, Violation,
or Neglect of any of the Obligations owed by them to each
other, or of any Question, Matter or Thing incident to or
arising out of the Relations subsisting between such apprenticed
Labourers and the Persons respectively entitled to their Services;
and every Enactment, Regulation, Provision, Rule, or Order
in any such Acts, Ordinances, and Orders in Council to the
contrary contained shall be and is hereby declared to be null
and void and of no effect.
|
Justices
having Special Commissions to exercise exclusive Jurisdiction
between apprenticed Labourers and their Employers. Jurisdiction
of Supreme Courts preserved.
|
XIX.
And it is hereby further declared and enacted, That the several
Justices of the Peace having Special Commissions as aforesaid
shall, within the respective Colonies to which they shall
be respectively appointed, have, exercise, and enjoy a sole
and exclusive Jurisdiction over, and shall solely and exclusively
take cognizance of, all such Offences or alleged Offences
as last aforesaid, and of every such Breach, Violation, or
Neglect of any of the aforesaid Obligations, and of every
such Question, Matter, or Thing as aforesaid, any Law, Custom,
or Usage in any of the said Colonies to the contrary in anywise
notwithstanding: Provided nevertheless, that nothing herein
contained shall extend, or be construed to extend to abrogate
or take away the Powers by Law vested in the Supreme Courts
of Record, or the Superior Courts of Civil and Criminal Justice
in any of the said respective Colonies.
|
Apprenticed
Labourers not to be subjected to a Prolongation or Renewal of
their Apprenticeship, nor to more than 15 Hours extra Labour
in any Week for their Employers Benefit.
|
XX.
Provided also, and be it further enacted, That no apprenticed
Labourer shall, by any such Act of Assembly, Ordinance, or
Order in Council as aforesaid, be declared or rendered liable
for and in respect of any Offence by him or her committed,
or for any Cause or upon any Ground or Pretext whatsoever,
except as hereafter is mentioned, to any Prolongation of his
or her Term of Apprenticeship, or to any new or additional
Apprenticeship, or to any such additional Labour as shall
impose upon any such apprenticed Labourer the Obligation of
working in the Service or for the Benefit of the Person or
Persons entitled to his or her Services for more than Fifteen
extra Hours in the whole in any One Week, but every such Enactment,
Regulation, Provision, Rule, or Order shall be and is hereby
declared null and void and of no effect: Provided nevertheless,
that any such Act of Assembly, Ordinance, or Order in Council
as aforesaid may contain Provisions for compelling any such
apprenticed Labourer who shall, during his or her Apprenticeship,
wilfully absent himself or herself from the Service of his
or her Employer, either to serve his or her Employer after
the Expiration of his or her Apprenticeship for so long a
Time as he or she shall have so absented himself or herself
from such Service, or to make Satisfaction to his or her Employer
for the Loss sustained by such Absence, (except so far as
he or she shall have made Satisfaction for such Absence, either
out of such extra Hours as aforesaid, or otherwise,) but nevertheless
so that such extra Service or Compensation shall not be compellable
after the Expiration of Seven Years next after the Termination
of the Apprenticeship of such Apprentice.
|
Apprenticed
Labourers riot to be compelled to work on Sundays, nor prevented
from attending Religious Worship on Sundays.
|
XXI.
Provided always, and be it hereby further enacted, That neither
under the Provisions of this Act, nor under the Obligations
imposed by this Act, or to be imposed by any Act of any General
Assembly, Ordnance, or Order in Council, shall any apprenticed
Labourer be compelled or compellable to labour on Sundays,
except in Works of Necessity or in Domestic Services, or in
the Protection of Property, or in tending of Cattle, nor shall
any apprenticed Labourer be liable to be hindered or prevented
from attending anywhere on Sundays for Religious Worship,
at his or her free Will or Pleasure, but shall be at full
Liberty so to do without any Let, Denial, or Interruption
whatsoever.
|
Nothing
herein to interfere with any Colonial Laws, by which apprenticed
Labourers may be exempted from or disqualified for certain Military
or Civil Services and Franchises.
|
XXII.
'And whereas it may be expedient that Persons in the Condition
of apprenticed Labourers should, during the Continuance of
such their Apprenticeship be exempted from the Performance
of certain Civil and Military Services, and be disqualified
from holding certain Civil and Military Offices, and from
the Enjoyment of certain Political Franchises, within the
said Colonies, and be exempted from being arrested or imprisoned
for Debt;' be it therefore enacted, That nothing in this Act
contained extends or shall be construed to extend to interfere
with or prevent the Enactment by the respective Governors,
Councils, and Assemblies, or by such other local Legislature
as aforesaid of any such Colonies, or by His Majesty in Council
in reference to such of the said Colonies as are subject to
the Legislative Authority of His Majesty in Council, of any
Acts, Ordinances, or Orders in Council for exempting any such
apprenticed Labourers as aforesaid, during the Continuance
of such their Apprenticeship, from any such Civil or Military
Service as aforesaid, or for disqualifying them or any of
them during the Continuance of any such Apprenticeships from
the Enjoyment or Discharge of any such Political Franchise
as aforesaid, or for exempting them during the Continuance
of such Apprenticeships from being arrested or imprisoned
for Debt.
|
Acts
passed by local Legislatures with similar but improved Enactments
to this Act to supersede this Act on being confirmed by His
Majesty in Council.
|
XXIII.
'And whereas it would be desirable that such of the Provisions
of this Act as relate to the internal Concerns of the said
respective Colonies should be enacted in such respective Colonies
so far as may be possible by the Authority of the several
local Legislatures of such Colonies respectively;' be it therefore
enacted, That in case the Governor, Council, and Assembly
of any One or more of His Majesty's Colonies aforesaid shall,
by any Act or Acts of General Assembly for that Purpose made,
substitute for the several Enactments herein-before contained,
or any of them, any Enactments accomplishing the several Objects
in such herein-before contained Enactments respectively contemplated
as fully and to the like Effect, but in a Manner and Form
better adapted to the local Circumstances of any such Colonies
or Colony, and in case His Majesty shall by any Order or Orders
to be by Him made, by the Advice of His Privy Council, confirm
and allow any such Act or Acts of Assembly, and shall in and
by any such Order or Orders in Council recite and set forth
at length the several Provisions and Enactments of this present
Act for which such other Enactments as aforesaid shall have
been substituted by any such Act or Acts of General Assembly,
then and in such Case so much and such Parts of this present
Act as shall be so recited and set forth at length in any
such Order or Orders of His Majesty in Council shall be suspended
and cease to be of any Force or Effect in any such Colony
from and after the Arrival and Proclamation therein of any
such Order or Orders of His Majesty in Council, and shall
continue to be so suspended so long as any such substituted
Enactments shall continue in force and unrepealed, and no
longer.
|
The
Treasury may raise Loans, not exceeding 20 Millions.
|
XXIV.
'And whereas, towards compensating the Persons at present
entitled to the Services of the Slaves to be manumitted and
set free by virtue of this Act for the Loss of such Services,
His Majesty's most dutiful and loyal Subjects the Commons
of Great Britain and Ireland in Parliament assembled have
resolved to give and grant to His Majesty the Sum of Twenty
Millions Pounds Sterling;' be it enacted, That the Lords Commissioners
of His Majesty's Treasury of the United Kingdom of Great Britain
and Ireland may raise such Sum or Sums of Money as shall be
required from Time to Time under the Provisions of this Act,
and may grant as the Consideration for such Sum or Sums of
Money Redeemable Perpetual Annuities or Annuities for Terms
of Years (which said Annuities reflectively shall be transferable
and payable at the Bank of England), upon such Terms and Conditions
and under such Regulations as to the Time or Times of paying
the said Sums of Money agreed to be raised as may be determined
upon by the said Commissioners of the Treasury, not exceeding
in the whole the Sum of Twenty Millions Pounds Sterling: Provided
nevertheless, that the Rate of Interest at which the said
Sums of Money shall be from Time to Time raised shall be regulated
and governed by the Price of the respective Redeemable Perpetual
Annuities or Annuities for Terms of Years on the Day preceding
(or on the nearest preceding Day if it shall so happen that
there shall be no Price of such said Annuities respectively
on the Day immediately preceding) the Day of giving Notice
for raising such Sum or Sums of Money, and that the Rate of
Interest to be allowed to the Contributors for such Sum or
Sums of Money mall in no Case exceed Five Shillings per Centum
per Annum above the current Rate of Interest produced by the
Market Price of any such Redeemable Perpetual Annuities or
Annuities for Terms of Years existing at the Time, and in
which such Contracts shall be made.
|
Treasury
to give Notice of their Intention to raise the same.
No Contract for raising same to be entered into but during sitting
of Parliament.
|
XXV.
Provided always, and be it further enacted, That before raising
any such Sum or Sums by Redeemable Perpetual Annuities or
Annuities for Terms of Years (unless the same shall be subscribed
or contributed as herein-after mentioned by the Commissioners
for the Reduction of the National Debt,) the said Commissioners
of the Treasury are hereby required to give public Notice
of the Intention to raise such Sum, or such Part thereof as
shall not be subscribed or contributed as aforesaid, through
the Governor and Deputy Governor of the Bank of England, of
their Desire to receive Biddings for any such Annuities, which
said Biddings and the Mode of raising such Annuities shall
be conducted in such and the like Manner as has usually been
practiced with respect to the raising of Money by way of Annuities
for the Service of the Public: Provided also, that no Contract
or Agreement for raising any Sum or Sums by Annuities as aforesaid
shall be entered into except during the sitting of Parliament,
and when the same shall have been entered into all Proceedings,
Tenders, and Contracts respecting the same shall be forthwith
laid before Parliament.
|
Annuities
to be granted for such Loans to be of the same Description as
some now existing.
|
XXVI.
And be it further enacted, That whatever Redeemable Annuities
or Annuities for any Term of Years which shall be created
from Time to Time by the Sums of Money raised by virtue of
this Act (which said Redeemable Annuities and Annuities for
Terms of Years so created shall be of the like Description
of some Redeemable Annuities or Annuities for Terms of Years
existing at the Time of raising such Sum or Sums of Money,)
shall be deemed and taken to be Redeemable Annuities or Annuities
for Terms of Years of the like Description then existing,
in which such Sum or Sums shall be agreed to be raised.
|
Annuities
created by this Act to form Part of and be subject to same Regulations
as like Annuities now existing.
|
XXVII.
And be it further enacted, That all the several Redeemable
Annuities and Annuities for Terms of Years which shall be
created from Time to Time by virtue of this Act shall be deemed
and taken to be and shall be added to and form Part of the
like Redeemable Annuities or Annuities for Terms of Years
in which such Sums of Money shall be raised, and shall be
subject to all the Clauses, Conditions, Provisions, Directions,
Regulations, and Periods of Payment as fully and effectually
to all Intents and Purposes, except as altered and varied
by virtue of this Act, as if the said Clauses, Conditions,
Provisions, Directions, Regulations, and Periods of Payment
were severally repeated and re-enacted in this Act.
|
Commissioners
for Reduction of National Debt may subscribe towards raising
Sum wanted for this Act,
9 G.4 c.92.
10 G.4. c.56.
|
XXVIII.
And be it enacted, That the Commissioners for the Reduction
of the National Debt may subscribe and contribute from Time
to Time towards the raising any Sum or Sums of Money to be
raised under the Provisions of this Act any Part of the Monies
which shall be at any Time Handing in their Names in the Books
of the Governor and Company of the Bank of England under and
by virtue of an Act passed in the Ninth Year of the Reign
of King George the Fourth, intituled An Act to consolidate
and amend the Laws relating to Savings Banks, and of another
Act passed in the Tenth Year of the Reign of King George the
Fourth, intituled An Act to consolidate and amend the Laws
relating to Friendly Societies, and also to sell and dispose
of the Bank Annuities and Exchequer Bills, or any Part thereof,
which may be now standing or may hereafter stand in their
Names in the Books of the said Bank in pursuance of the said
respective Acts, and with the Proceeds thereof may subscribe
and contribute such Monies from Time to Time, or any Part
thereof, towards the raising the Sums of Money which may be
required from Time to Time under the Provisions of this Act.
|
Monies
raised to be paid to an Account at the Bank, called the West
India Compensation Account.
|
XXIX.
And be it enacted, That all Sums of Money which shall be raised
from Time to Time by virtue of this Act shall be paid into
the Bank of England to the Account of the Commissioners for
the Reduction of the National Debt, under the Title of "The
West India Compensation Account," and the Cashiers of
the Bank of England are hereby required to receive all such
Sums of Money, and to place the same from Time to Time to
the said Account.
|
The
Cashiers of the Bank to give Receipts for Subscriptions which
may be assigned.
Subscriptions paid in part, and not completed, forfeited.
|
XXX.
And be it enacted, That the Cashier or Cashiers of the Governor
and Company of the Bank of England, who shall have received
or shall receive any Part of any Contribution towards any
Sum or Sums of Money raised or to be raised under the Provisions
of this Act, shall give a Receipt or Receipts in Writing to
every such Contributor for all such Sums; and that the said
Receipts so to be given shall be assignable at any Time for
and during such Period as shall and may be determined upon
by the said Commissioners of the Treasury; and the said Receipts
shall be in such Form and Words and under such Regulations
as shall be approved by the said Commissioners of His Majesty's
Treasury: Provided always, that in Case any such Contributors
who have already deposited with or shall hereafter pay to
the said Cashier or Cashiers any Sum or Sums of Money, at
the Time and in the Manner specified in the Proposals of the
several Loans, in part of the Sum or Sums so by them respectively
subscribed, or their respective Executors, Administrators,
Successors, or Assigns, shall not advance and pay so the said
Cashier or Cashiers the Residue of the Sum or Sums so subscribed
at the Times and in the Manner stated in the Proposals, then
and in every such Case so much of the respective Sum or Sums
so subscribed as shall have been actually paid in part thereof
to the said Cashier or Cashiers shall be forfeited for the
Benefit of the Public, and all Right and Title to the said
Redeemable Annuities or Annuities for Terms of Years in respect
thereof shall be extinguished; any thing in this Act contained
to the contrary thereof in anywise not withstanding.
|
Interest
and Charges of the Twenty Millions charged upon Consolidated
Fund.
|
XXXI.
And be it further enacted, That all the said Annuities, Interest,
Dividends, and Charges for Management which shall become payable
in respect of the said Sum of Twenty Millions, or any Part
thereof, shall be charged and chargeable upon and the same
is hereby charged upon and made payable out of the Consolidated
Fund of The United Kingdom of Great Britain and Ireland.
|
Money
for paying Annuities to be issued by Exchequer to Cashier of
the Bank.
|
XXXII.
And be it further enacted, That so much Money shall from Time
to Time be set apart and issued at the Receipt of the Exchequer
in England out of the Consolidated Fund of the United Kingdom
of Great Britain and Ireland to the said Cashier or Cashiers
of the Governor and Company of the Bank of England as shall
be sufficient to satisfy and pay the respective Annuities
to be created in respect of the said Sum of Twenty Millions,
or any Part thereof, together with the Charges attending the
same.
|
Commissioners
to be appointed for distributing the Compensation provided by
this Act.
|
XXXIII.
'And for the Distribution of the said Compensation Fund and
the Apportionment thereof amongst the several Persons who
may prefer Claims thereon,' be it enacted, That it shall and
may be lawful for His Majesty from Time to Time, by a Commission
under the Great Seal of the United Kingdom, to constitute
and appoint such Persons, not being less than Five, as to
His Majesty shall seem meet, to be Commissioners of Arbitration
for inquiring into and deciding upon the Claims to Compensation,
which may be preferred to them under this Act.
|
Commissioners
to be sworn.
|
XXXIV.
And be it further enacted, That the said Commissioners to
be appointed by virtue of this Act shall each of them, previously
to his entering upon the Execution of such Commission, take
an Oath before the Chancellor of the Exchequer or the Master
of the Rolls for the Time being, which Oath they are hereby
respectively authorized to administer, the Tenor thereof shall
be as follows; (that is to say,)
|
Form
of Oath.
|
'I,
A B. do swear, That according to the best of my Judgment I
will faithfully and impartially execute the several Powers
and Trusts vested in me by an Act, ' intituled [here set forth
the Title of this Act].
|
Meetings
of the Commissioners, and Appointment of the subordinate Officers.
Officers to be sworn.
|
XXXV.
And be it further enacted, That the said Commissioners may
meet and sit from Time to Time in such Place or Places as
they shall find it most convenient, with or without Adjournment,
and with the Consent and Approbation of the Commissioners
of the Treasury for the Time being, or any Three of them,
in Writing; and shall and may employ a Secretary, and Clerks,
Messengers, and Officers, and shall and may allow such Secretary,
Clerks, Messengers, and Officers, with the like Consent and
Approbation, reasonable Salaries, and shall and may employ
a Solicitor, and allow to such Solicitor a reasonable Salary
or Reward, and shall and may give and administer to such Solicitor
or Solicitors, Secretary, Clerks, and Officers respectively
an Oath for their faithful Demeanor in all Things relating
to the due Performance of the Trusts reposed in them by the
said Commissioners, and in all other Things touching the Premises;
and the said Commissioners shall and may from Time, to Time,
at their Discretion, dismiss and discharge such Solicitor
or Solicitors, Secretary, Clerks, Messengers, and other Officers,
and appoint others in their Place; and the said Solicitor
or Solicitors, Secretary, Clerks, and other Officers are hereby
required faithfully to execute and perform the said Trusts
in them severally and respectively reposed, without taking
any thing for such Service other than such Salaries or Rewards
as the said Commissioners, with such Approbation as aforesaid
shall direct or appoint in manner aforesaid.
|
Any
Three Commissioners to be a Quorum.
|
XXXVI.
And be it further enacted, That all Acts, Matters, and Things
which the said Commissioners for the Execution of this Act
are by this Act authorized so to do or execute may be done
and executed by any Three or more of such Commissioners.
|
Remuneration
of the Commissioners.
|
XXXVII.
And be it further enacted, That no Remuneration shall be given
for and in respect of the Execution of the said Commission
to such of the said Commissioners as shall be Members of either
House of Parliament, nor to any Number exceeding Three of
the said Commissioners.
|
Appointment
of auxiliary Commissioners in the Colonies.
Colonial Commissioners to be sworn.
|
XXXVIII.
'And whereas it may be necessary that Assistant Commissioners
should be appointed to act in aid of and under the Directions
of the Commissioners appointed by this Act in the said several
Colonies;' be it therefore enacted, That the Governor and
the Attorney General or other chief Law Adviser of the Government
of the said Colonies respectively shall, with any Two or more
resident Inhabitants for each of such Colonies, to be nominated
during Pleasure by the Governor thereof, be Commissioners
for the Colony to which they respectively belong, to assist
in aid of the Commissioners under this Act in all such Cases
and in relation to all Matters and Things which shall be referred
to them by the said Commissioners, and for all such Purposes
shall have and use and exercise all the Powers and Authorities
of the said Commissioners; and such Assistant Commissioners
shall take an Oath, to be administered to the Governor by
the Chief Justice or any Judge of the said Colonies respectively,
and to the other Assistant Commissioners by the Governor thereof,
that they will well and truly and impartially execute the
Powers and Authorities given to them as such Assistant Commissioners
in the several Matters and Things which shall be referred
or submitted to them under the Provisions of this Act; and
the said Assistant Commissioners shall, in all Matters which
shall be referred to them by the Commissioners, transmit to
the said Commissioners a full Statement of the several Matters
which shall have been given in Evidence before them, and true
Copies of such written Evidence as shall have been received
by them, and thereupon the said Commissioners shall proceed
to adjudicate upon the same, and upon such other Evidence,
if any, as may be laid before them.
|
Issue
of Money for Payment of the Expence of the Commission.
|
XXXIX.
And be it further enacted, That the Lords Commissioners of
the Treasury, or any Three or more of them, or the Lord High
Treasurer for the Time being, shall be and they are hereby
respectively authorized and required to issue and cause to
be advanced all such Sums of Money to such Person or Persons,
in such Manner, and in such Proportion as the said Commissioners
appointed by this Act shall, by Writing under their Hands,
from Time to Time require, out of the said Sum of Twenty Millions,
which Sums so to be issued and advanced shall be employed
for the Payment of Allowances, and in defraying all other
necessary Charges and Expences, in or about the Execution
of the said Commission, without other Account than that before
the Lords Commissioners of His Majesty's Treasury; and which
Money so to be issued shall not be subject to any Tax, Duty,
Rate, or Assessment whatsoever imposed by Authority of Parliament;
but that an Account of the said Charges and Expences shall
be laid before both Houses of Parliament within Two Months
after the Commencement of the then next ensuing Session of
Parliament.
|
Commissioners
may compel the Attendance and Examination of Witnesses.
|
XL.
And he it further enacted, That the said Commissioners shall
be and are hereby authorised, by a Summons under their Hands,
or under the Hands of any Three of them to require the Attendence
before them, by a Time to be in such Summons for that Purpose
limited, of any Person or Persons competent, or whom such
Commissioners may have Reason to believe to be competent,
to give Evidence upon any Question depending before them;
and if any Person upon whom any such Summons shall be served
by the actual Delivery thereof to him or her, or by the leaving
thereof at his or her usual Place of Abode, shall, without
reasonable Cause to be allowed by such Commissioners, fail
to appear before them at the Time and Place in such Summons
for that Purpose mentioned, or so appearing shall refuse to
be sworn or to make his or her solemn Affirmation, as the
Case may be, or having been so sworn or having made such Affirmation
shall not make answer to any such Questions as may by the
said Commissioners be proposed to him or her touching any
Matter or Thing depending before them, or shall refuse or
fail to produce and exhibit to the said Commissioners any
such Papers and Documents relating to any Question, Matter,
or Thing depending before such Commissioners as shall by them
be called for or required, every such Person shall, for such
his Default, Refusal, or Neglect as aforesaid, incur and become
liable to all such Fines and Penalties, Prosecutions, Civil
Suits, or Actions as any Person may by Law incur or become
liable to for Default of Appearance or for refusing to be
sworn or to give Evidence upon any Issue joined in any Action
depending in His Majesty's Court of King's Bench; and the
said Commissioners shall have all such and the same Powers,
Jurisdiction, and Authority for imposing and causing to be
levied and recovered any such Fines and Penalties as aforesaid
as are by Law vested in any of the Judges of the said Court
for imposing or causing to be levied and recovered any Fines
or Penalties incurred by any Person failing to appear as a
Witness or refusing to be sworn and to give Evidence in the
Trial of any Action before any such Judges or Judge.
|
Commissioners
authorized to take Examinations on Oath or Affirmation.
|
XLI.
And be it further enacted, That the said Commissioners may
examine upon Oath or Affirmation (which Oath or Affirmation
they or any One or Two of them are and is hereby authorized
to administer) all Persons who shall appear before them to
be examined as Witnesses touching any Matters or Things which
may be depending, or touching any Questions which may arise,
in the Execution of the Powers vested in the said Commissioners
by this Act, and may also receive any Affidavits or Depositions
in Writing, upon Oath or Affirmation, touching such Matters
or Things as aforesaid, which shall be made before any Justice
of the Peace of any County or Shire, or any Magistrate of
any Borough or Town Corporations, in Great Britain or Ireland,
where or near which the Person making such Affidavit or Deposition
shall reside, or before any Chief Justice or any other Judge
of any of the Courts of Record or any Supreme Courts of Judicature
in any of the said Colonies respectively, and certified and
transmitted to the said Commissioners under the Hand and Seal
of such Justice or Magistrate, Chief Justice or Judge (and
which Oath or Affirmation every such Justice or Magistrate
shall be and is hereby authorized and empowered to administer);
provided that in every such Affidavit or Deposition there
shall be expressed the Addition of the Party making such Affirmation
or Deposition, and the particular Place of his or her Abode.
|
Penalties
for swearing falsely before the Commissioners.
|
XLII.
And be it further enacted, That if any Person or Persons upon
Examination on Oath or Affirmation before the said Commissioners
respectively, or if any Person or Persons making any such
Affirmation or Deposition as before mentioned, shall wilfully
and corruptly give false Evidence, or shall in such Affirmation,
Affidavit or Deposition wilfully or corruptly swear, affirm,
or allege any Matter or Thing which shall be false or untrue,
every such Person or Persons so offending, and being thereof
duly convicted, shall be and is and are hereby declared to
be subject and liable to the Pains and Penalties of Persons
convicted of wilful and corrupt Perjury by any Law in force
at the Time of such Perjury being committed.
|
Exemption
from Postage of Letters on the Business of the Commission.
|
XLIII.
And be it further enacted, That the said Commissioners shall
and may receive and send by the General Post, from and to
Places within the United Kingdom, all Letters and Packets
relating solely and exclusively to the Execution of this Act
free from the Duty of Postage, provided that such Letters
and Packets as shall be sent to the said Commissioners be
directed to the "Commissioners of Compensation,"
at their Office in London, and that all such Letters and Packets
as shall be sent by the said Commissioners shall be in Covers,
with the Words "Compensation Office, pursuant to Act
of Parliament passed in the Third and Fourth Years of the
Reign of His Majesty King William the Fourth," printed
on the same, and be signed on the Outside thereof, under such
Words, with the Name of such Person as the said Commissioners,
with the Consent of the Lords Commissioners of the Treasury
or any Three or more of them, shall authorize and appoint,
in his own Handwriting (such Name to be from Time to Time
transmitted to the Secretaries of the General Post Office
in London and Dublin), and be sealed with the Seal of the
said Commissioners, and under such other Regulations and Restrictions
as the said Lords Commissioners, of any Three or more of them,
shall think proper and direct; and the Person so to be authorized
is hereby strictly forbidden so to subscribe or seal any Letter
or Packet whatever except such only concerning which he shall
receive the special Direction of his superior Officer, or
which he shall himself know to relate solely and exclusively
to the Execution of this Act; and if the Person so to be authorised,
or any other Person, shall send, or cause or permit to be
sent, under any such Cover, any Letter, Paper, or Writing,
or any Enclosure, other than what shall relate to the Execution
of this Act, every Person so offending shall forfeit and pay
the Sum of One hundred Pounds, and be dismissed from his Office;
one Moiety of the said Penalty to the Use of His Majesty,
His Heirs and Successors, and the other Moiety to the Use
of the Person who shall inform or sue for the same, to be
sued for and recovered in any of His Majesty's Courts of Record
at Westminster for Offences committed in England, and in any
of His Majesty's Courts of Record in Dublin for Offences committed
in Ireland, and before the Sheriff or Stewartry Court of the
Shire or Stewartry within which the Party offending shall
reside or the Offence shall be committed for Offences committed
in Scotland.
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No
Part of the Compensation to be applicable to any Colony unless
His Majesty by Order in Council shall have first declared that
adequate Provision has been made by the Legislature thereof.
Such Orders to be published, and laid before Parliament.
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XLIV.
And be it further enacted, That no Part of the said Sum of
Twenty Millions of Pounds Sterling shall be applied or shall
be applicable to the Purposes aforesaid, for the Benefit of
any Person now entitled to the Services of any Slave in any
of the Colonies aforesaid, unless an Order shall have been
first made by His Majesty, with the Advice of His Privy Council,
declaring that adequate and satisfactory Provision hath been
made by Law in such Colony for giving effect to this present
Act by such further and supplementary Enactments as aforesaid,
nor unless a Copy of such Order in Council, duly certified
by One of the Clerks in Ordinary of His Majesty's Privy Council,
shall by the Lord President of the Council have been transmitted
to the Lords Commissioners of His Majesty's Treasury or to
the Lord High Treasurer for the Time being for their or his
Guidance or Information; and every such Order shall be published
Three several Times in the London Gazette, and shall be laid
before both Houses of Parliament within Six Weeks next after
the Date thereof if Parliament shall be then in Session, and
if not within Six Weeks from the then next ensuing Session
of Parliament.
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The
Commissioners to apportion the Compensation Fund into Nineteen
Shares, being One Share for each Colony; In making such Apportionment,
Regard to be had to the Number of registered Slaves, &c.
59 G.3. c.120.
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XLV.
And be it further enacted, That the said Commissioners shall
proceed to apportion the said Sum into Nineteen different
Shares, which shall be respectively assigned to the several
British Colonies or Possessions herein-after mentioned: (that
is to say,) the Bermuda Islands, the Bahama Islands, Jamaica,
Honduras, the Virgin Islands, Antigua, Montserrat, Nevis,
Saint Christopher's, Dominica, Barbadoes, Grenada, Saint Vincent's,
Tobago, Saint Lucia, Trinadad, British Guinea, the Cape of
Good Hope, and Mauritius; and in making such Apportionment
of the said funds between the said several Colonies the said
Commissioners shall and are hereby required to have regard
to the Number of Slaves belonging to or settled in each of
such Colonies as the same may appear and are stated according
to the latest Returns made in the Office of the Registrar
of Slaves in England, appointed in pursuance and under the
Authority of an Act passed in the fifty-ninth Year of His
late Majesty King George the Third, intituled An Act for establishing
a Registry of Colonial Slaves in Great Britain, and for making
further Provision with respect to the Removal of Slaves from
British Colonies; and the said Commissioners shall and they
are hereby further required, in making such Apportionment
as aforesaid, to have regard to the Prices for which, on an
Average of Eight Years ending on the Thirty-first Day of December
One thousand eight hundred and thirty, Slaves have been sold
in each of the Colonies aforesaid respectively, excluding
from Consideration any such Sales in which they shall have
sufficient Reason to suppose that such Slaves were sold or
purchased under any Reservation, or subject to any express
or tacit Condition affecting the Price thereof; and the said
Commissioners shall then proceed to ascertain in reference
to each Colony, what Amount of Sterling Money will represent
the average Value of a Slave therein for the said Period of
Eight Years; and the total Number of the Slaves in each Colony
being multiplied into the Amount of Sterling Money so representing
such average Value as aforesaid of a Slave therein, the Product
of such Multiplication shall be ascertained for each such
Colony separately; and the said Twenty Millions of Pounds
Sterling shall then be assigned to and apportioned amongst
the said several Colonies rateably and in proportion to the
Product so ascertained for each respectively.
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No
Compensation to be allowed for Persons illegally held in Slavery.
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XLVI.
And be it further enacted, That in case it shall appear to
the said Commissioners that any Persons in respect of whom
Claims for Compensation under the Provisions of this Act shall
have been made have been registered and held in Slavery in
any of the said Colonies in this Act mentioned contrary to
Law, then and in every such Case the said Commissioners shall
deduct from the Sum to be appropriated as Compensation to
the Proprietors in such Colony such Sums as shall correspond
with the estimated Value and Number of the said Persons so
illegally registered and held in Slavery; and all such Sum
or Sums which may be deducted as herein-before provided shall
be applied towards defraying the general Expences of the Commission
to be hereby appointed: Provided always that for the Purpose
of ascertaining in what Cases such Deductions shall be made,
every Question which shall arise in any such Colony respecting
the servile Condition of any Persons therein registered as
Slaves shall be inquired of and determined by the Commissioners
to be appointed under this Act according to such Rules of
legal Presumption and Evidence as are or shall be established
by any Law in force or which shall be in force in any such
Colony.
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Commissioners
to institute Inquiries to ascertain the Facts to be taken into
account in effecting the Apportionment of the Compensation Fund
between the Proprietors in each Colony.
Having
made the Inquiries, Commissioners to frame general Rules for
the equitable Distribution of the Fund assigned to each Colony.
Such Rules to be laid before His Majesty in Council.
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XLVII.
'And whereas it is necessary that Provision should be made
for the Apportionment amongst the Proprietors of the Slaves
to be manumitted by virtue of this Act, in each of the said
Colonies respectively, of that Part of the said Compensation
Fund which shall be so assigned as aforesaid to each of the
respective Colonies: And whereas the necessary Rules for that
Purpose cannot be properly or safely established until after
full Inquiry shall have been made into the several Circumstances
which ought to be taken into consideration in making such
Apportionment;' be it therefore enacted, That it shall be
the Duty of the said Commissioners, and they are hereby authorized
and required, to institute a full and exact Inquiry into all
the Circumstances connected with each of the said several
Colonies which in the Judgment of the said Commissioners ought,
in Justice and Equity, to regulate or affect the Apportionment
within the same of that Part of the said general Compensation
Fund which shall in manner aforesaid be assigned to each of
the said Colonies respectively; and especially such Commissioners
shall have regard to the relative Value of praedial Slaves
and of unattached Slaves in every such Colony; and such Commissioners
shall distinguish such Slaves, whether praedial or unattached,
into as many distinct Classes as, regard being had to the
Circumstances of each Colony, shall appear just; and such
Commissioners shall, with all practicable Precision, ascertain
and fix the average Value of a Slave in each of the Classes
into which the Slaves in any such Colony shall be so divided;
and the said Commissioners shall also proceed to inquire and
consider of the Principles according to which the Compensation
to be allotted in respect to any Slave or Body of Slaves ought,
according to the Rules of Law and Equity, to be distributed
amongst Persons who, as Owners or Creditors, Legatees or Annuitants,
may have any joint or common Interest in any such Slave or
Slaves, or may be entitled to or interested in such Slave
or Slaves, either in Possession, Remainder, Reversion, or
Expectancy; and the said Commissioners shall also proceed
to inquire and consider of the Principles upon which and the
Manner in which Provision might be most effectually made for
the Protection of any Interest in any such Compensation Money
which may belong to or be vested in any married Women, Infants,
Lunatics, or Persons of insane or unsound Mind, or Persons
beyond the Seas, or labouring under any other legal or natural
Disability or Incapacity, and according to what Rules, and
in what Manner, and under what Authority Trustees should,
when necessary, be appointed for the safe Custody, for the
Benefit of any Person or Persons, of any such Compensation
Fund or of any Part thereof, and for regulating the Duties
of such Trustees, and providing them with a fair and reasonable
Indemnity; and the said Commissioners shall also inquire and
consider upon what Principles, according to the established
Rules of Law and Equity in similar Cases, the Succession to
such Funds should be regulated upon the Death of any Person
entitled thereto who may die intestate; and the said Commissioners
shall and they are also authorized and required to consider
of any other Question which it may be necessary to investigate
in order to establish just and equitable Rules for the Apportionment
of such Compensation Money amongst the Persons seized of,
or entitled to, or having any Mortgage, Charge, Incumbrance,
Judgment, or Lien upon, or any Claim to, or Right or Interest
in, any Slave or Slaves so to be manumitted as aforesaid,
at the Time of such their Manumission; and having made all
such Inquiries, and having taken all such Matters and Things
as aforesaid into their Consideration, the said Commissioners
shall and are hereby required to proceed to draw up and frame
all such general Rules, regard being had to the Laws and Usages
in force in each Colony respectively, as to them may seem
best adapted in each Colony respectively for securing the
just and equitable Distribution of the said F unds amongst
or for the Benefit of such several Persons as aforesaid.,
and for the Protection of such Funds, and for the Appointment
and Indemnification of such Trustees as aforesaid; and such
general Rules when so framed, and when agreed upon by the
said Commissioners, shall by them be subscribed with their
respective Hands and Seals, and transmitted to the Lord President
of His Majesty's Council, to be by him laid before His Majesty
in Council; and so from Time to Time as often as any further
general Rules should be so framed and agreed to for the Purposes
aforesaid or any of them.
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Rules
to be published in the London Gazette, with a Notice that Appeals
will be received against their Establishment.
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XLVIII.
And be it further enacted, That the General Rules to be transmitted
as aforesaid to the said Lord President shall be forthwith
published in the London Gazette on Three several Occasions
at least, together with a Notice that all Persons interested
in or affected by any such general Rules may, by a Time to
be in such Notice limited, appeal against any such Rules to
His Majesty in Council; and it shall be lawful for the Lords
and others of His Majesty's Privy Council, or for any Three
or more of them, by any further Notice or Notices to be for
that Purpose published in the London Gazette, to enlarge,
as to them may seem meet, the Time for receiving any such
Appeals.
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His
Majesty in Council may hear such Appeals, and thereupon confirm
or disallow any general Rule so appealed against.
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XLIX.
And be it further enacted, That if within the Time so to be
limited for receiving such Appeals any Person or Persons shall
prefer any Petition of Appeal to His Majesty in Council against
any such general Rule so published as aforesaid in the London
Gazette, it shall be lawful for His Majesty in Council, or
for any Committee of Privy Council, to hear such Appeal, and
to cause Notice thereof to be served upon the said Commissioners,
who shall thereupon undertake the Defence of such Appeal;
and upon hearing any such Appeal it shall be lawful for His
Majesty in Council to confirm and annul or to rescind and
disallow any such General Rule as aforesaid, or thereupon
to alter, amend, or vary any such Rule in such Manner as to
His Majesty m | |