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55° Georgii III, cap. CLXXII

An act to provide for the Support of captured Slaves during the period of Adjudication.

 

[11th July 1815.]

Provisions for Subsistence of Slaves during Adjudication to be furnished. 'WHEREAS the Acts now in force for the Abolition of the Slave Trade have not sufficiently provided for the Support and Maintenance of Slaves during the time when they may be waiting Adjudication as Prize of War, or as forfeited or liable to Forfeiture to His Majesty, or otherwise proceeded against under and by virtue of any Law: And Whereas it is expedient that further Provisions be made, in order to insure the necessary Support and Maintenance for such Slaves during the time they may be so waiting Adjudication;' 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 passing of this Act, when any Native or Natives of Africa, held and treated as Slaves, or other Person or Persons held or treated as Slaves, within the Provisions of any Act of Parliament passed for the Abolition of the Slave Trade, shall be captured or seized as Prize of War, or as forfeited or liable to Forfeiture to His Majesty, or otherwise proceeded against in and by virtue of any Law, and brought to Adjudication in the High Court of Admiralty, or in any Court of Vice Admiralty, or in any Court in His Majesty's Colonies or Plantations, or elsewhere within His Majesty's Dominions, which is or may be authorized to hold Jurisdiction in such cases, it shall be lawful for the Person or Persons claiming any Right or Property in, or the Possession of such Slaves, and he is hereby required to put such Slaves on Shore; and it shall be lawful for the Collector or other Chief Officer of the Customs in such Port or Place in which such Slaves shall be brought to Adjudication, and he is hereby required, to direct Enquiry to be made, whether the Persons or Person claiming any Right or Property in or the Possession of such Slaves, shall have furnished, or shall be willing and able to furnish, sufficient Food and Necessaries for the Support and wholesome Maintenance of the said Slaves during the Proceedings which may have been of may be instituted respecting such Slaves; and such Collector or other Chief Officer of the Customs shall, as soon as may be, report to the Governor or Lieutenant Governor, or other Person exercising the Authority of Governor in such Colony or Plantation or Place, the result of such Enquiry; and if it shall appear to the said Governor or Lieutenant Governor, or other Person exercising the Authority of Governor, that sufficient Food and Necessaries for the wholesome Maintenance of such Slaves during the Proceedings so instituted, or to be instituted as aforesaid, have not been furnished; and if the Persons or Person claiming any Right or Property in or to such Slaves shall refuse or afterwards neglect or omit to supply proper Food and Necessaries for the Support and wholesome Maintenance of the said Slaves during such Proceedings, the said Governor or Lieutenant Governor, or other Person exercising the Authority of Governor, in such Colony or Plantation or Place, being satisfied of the Truth of the Report so made to him, shall authorize the said Collector or Chief Officer of the Customs to take on himself the immediate Care and Custody of such Slaves, and to provide proper Food and Necessaries for such Slaves during the Proceedings so instituted or to be instituted in any such Court as aforesaid, until the said Court shall have made its Decree, have {Sic} the Force and Effect of a definitive Sentence, condemning or restoring the said Slaves; and in case the said Court shall by such Decree absolutely restore or condemn such Slaves, the said Court shall, on Application made to him by the said Collector or Chief Officer of the Customs so providing or having provided for the support and Maintenance of such Slaves as aforesaid, direct the Accounts for the Provisions and Necessaries so supplied for the said Slaves, to be brought into the Registry of the Court and examined, and direct the same, when confirmed, to be a Charge on the said Slaves, to be defrayedby t he Person receiving Possession thereof under the Decree of such Court.
If Subsistence not furnished, Slaves delivered up.

47 G.3. Sess.1. C.36.
Exception.
II. Provided nevertheless, That in case the Court shall not immediately restore or condemn the said Slaves, by Decree having the Force and Effect of a definitive Sentence, but shall direct further Proof to be made in the Cause, whereby the Restitution or Condemnation shall be deferred, and the Person claiming any Right or Property in or the Possession of the said Slaves, shall not have supplied, or at any time pending Proceedings in that Court shall refuse or neglect to supply proper Food and Necessaries for the said Slaves, it shall be lawful for the Court to direct a Valuation to be made of such Slaves, and to decree such Slaves, after such Valuation had and approved by the Court, to be delivered over to such Officer or Person as may be appointed by His Majesty to receive Slaves condemned to His Majesty's Use, according to the Provisions of an Act passed in the Forty seventh Year of His Majesty's Reign, intituled An Act for the Abolition of the Slave Trade; and the same shall be dealt with and treated in all respects according to the Provisions of the said Act; save and except that the Bounty shall not be due or payable for such Slaves but in the Event of final Condemnation according to the Provisions of the said Act.
Restitution made for Slaves.

47 G.3. Sess.1. C.36. §8.
III. And be it further enacted, That if on further Proof the Slaves shall be decreed to be restored, and there be no Appeal, and the said Slaves shall have been delivered over as above directed, Restitution shall be made in the Value of the said Slaves, according to the Valuation as above directed, together with Interest thereon, such Sums being deducted therefrom as may have been expended for the Support and Maintenance of the said Slaves by the Collector or Chief Officer of the Customs, as before directed, and shall remain unpaid; and the Value so adjusted shall be paid by the Treasurer of the Navy, in the same manner as Bounties are now paid for Slaves condemned to His Majesty's Use under the aforesaid Act passed in the Forty seventh Year of His Majesty's Reign, on the Production of the official Copy of the Sentence of Restitution, with the Valuation endorsed thereon by the Registrar of the said Court or his Deputy.
Restitution in Value made with Interest, and paid as Bounties.

47 G.3. Sess.1. c.36. §8.
Exception.
IV. And be it further enacted, That in all cases in which there shall have been a Decree, having the Force and Effect of a Definitive Sentence, restoring or condemning the said Slaves, and the same shall be suspended by Appeal, it shall be lawful for the Court, notwithstanding such Appeal, and it is hereby required, to proceed forthwith to direct the Slaves so detained, to be valued as above directed; and after such Valuation had and approved by the Court, to be delivered over to such Officer or Person as may be appointed to receive Slaves condemned to His Majesty's Use, according to the Provisions of the aforesaid Act, passed in the Forty seventh Year of His Majesty's Reign, as if the same had been finally condemned to His Majesty; and such Slaves shall be treated and dealt with, in all respects, in the same manner as if they had been finally condemned to His Majesty; save and except that the Bounties shall not be due or payable thereon but in the Event of final Condemnation to His Majesty, according to the Provisions of the said Act.
In cases of Appeal, Restitution made when Property restored.

47 G.3. Sess.1. c.36. §8.
V. And be it further enacted, That in all cases in which such Slaves shall be finally restored in the Court of Appeal, Restitution in Value shall be made, for the Use of the Claimant or Proprietor thereof, according to the Valuation made as above directed, subject always to Revision in the Court of Appeal, together with Interest thereon, such Sums being deducted therefrom as may have been expended for the Support and Maintenance of the said Slaves by the Collector or Chief Officer of the Customs, as above directed; and the Value so adjusted shall be paid by the Treasurer of the Navy, in the same manner as Bounties are directed to be paid for Slaves condemned to His Majesty under the aforesaid Act, passed in the Forty seventh Year of His Majesty's Reign, on the Production of an official Copy of the final Sentence of Restitution, with the Valuation of the said Slaves endorsed thereon by the Registrar of the said Court or his Deputy.
Captors liable to Costs and Damages notwithstanding Restitution. VI. Provided always, and be it enacted, That nothing herein contained shall extend to prevent the said Courts, or any of them, having Jurisdiction in the principal Cause, from adjudging and decreeing the Captors, Seizors or Prosecutors in any such Cause as aforesaid, to pay out of their own proper Monies, in addition to the Restitution in Value directed to be made as aforesaid, such further Sums in the nature of Costs or Damages, as the said Court shall decree, where it shall appear to such Court that the Capture, Seizure or Prosecution, or the Appeal thereon on the behalf of the Captor, Seizor or Prosecutor, shall not by justified by the circumstances of the case.
Provisions of 47 G.3. Sess.1. c.36. extended to Act. VII. And be it further enacted, That the Provisions of the said Act, passed in the Forty seventh Year of His present Majesty's Reign, for the Disposal of Slaves condemned to His Majesty's Use, and for the Payment of Bounty thereon, in cases of Capture by Ships of War or Privateers, shall be applied to all cases of Slaves captured or seized and condemned as Prize of War, during the last War, or that may hereafter be captured, seized or condemned as aforesaid, or otherwise forfeited, or liable to Forfeiture to His Majesty, or subject to condemnation, by any Law whatsoever.

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