Legislation on the slave trade

Legislation on the slave trade

Legislation on the slave trade

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4° & 5° Victoriae, cap. XVIII

An Act to make further Provision for facilitating and completing the Distribution and Payment of Compensation for Slaves upon the Abolition of Slavery.

[18th May 1841.]

3 & 4 W. 4. c. 73.	'WHERAS by an Act passed in the Fourth Year of the Reign of His late Majesty King William the Fourth, intituled 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, the Sum of Twenty Millions Pounds Sterling was granted for compensating the Persons at that Time entitled to the Services of the Slaves to be manumitted and set free, and in pursuance of the said Act certain Commissioners were appointed, by Letters Patent under the Great Seal of the United Kingdom bearing Date the Seventh Day of October in the Fourth Year of the Reign of His late Majesty, for the Distribution of the said Compensation Fund, and the Apportionment thereof amongst the several Persons who might prefer Claims thereon: And whereas the said Commissioners having completed the said Apportionment and Distribution, with the Exceptions herein-after stated, and due Notice having been given, in the several Colonies to which the said Act for the Abolition of Slavery extended, that the Proceeding's of the said Commissioners would terminate on the Thirty-first Day of December last, and it is expedient that the Powers vested in the said Commissioners should terminate and be no further exercised;'
Powers of the late Commission determined.	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, That from and after the passing of this Act the Powers and Authorities vested in the said Commissioners by the said Act, or by any other Act or Acts relating to the said Compensation to Persons entitled to the Services of the Slaves thereby manumitted and set free, shall wholly and absolutely cease and determine so far as regards any further or future Exercise thereof by the said Commissioners.
The Treasury empowered to appoint Arbitrators to consider outstanding Claims for Compensation, and certify thereon. 5 & 6 W. 4. c. 45. 6 & 7 W. 4. c. 5. 6 & 7 W. 4. c. 82.	II. 'And whereas in further pursuance of the said Act Assistant Commissioners were appointed in the Colonies to act in aid and under the Direction of the Commissioners before mentioned: And whereas the said Commissioners had not been enabled to complete the Awards on certain uncontested Claims for Compensation for Slaves, by reason of the necessary Documents and Evidence relating thereto not having been submitted to them previously to the Termination of their Proceedings as above mentioned: And whereas the said Commissioners were also authorized and empowered by the said Act to inquire into and adjudicate upon Claims that might be preferred before them by Persons having or claiming to have any Right, Title, or Interest in or to any Mortgage, Judgment, Charge, Incumbrance, or other Lien upon any Slave or Slaves to be manumitted under the said Act, or upon the Compensation for the Services of such Slave or Slaves, and to make Adjudications and Awards upon any such litigated Claims, in such Manner and Form as should be prescribed by certain general Rules to be drawn up and framed, and confirmed and rendered valid in the Manner provided for by the said Act: And whereas an Act was passed in the Fifth and Sixth Years of the Reign of His late Majesty King William the Fourth, intituled An Act to carry into further Execution the Provisions of an Act passed in the Third and Fourth Years of the Reign of His present Majesty, for compensating Owners of Slaves upon the Abolition of Slavery: And whereas another Act was passed in the Sixth Year of the Reign of His late Majesty King William the Fourth, intituled An Act for carrying into further Execution Two Acts of His present Majesty relating to the Compensation for Slaves upon the Abolition of Slavery, and for facilitating the Distribution and Payment of such Compensation; And whereas another Act was likewise passed in the Sixth and Seventh Years of the Reign of His late Majesty King William the Fourth, intituled An Act to carry into further Execution an Act for compensating Owners of Slaves upon the Abolition of Slavery, and for completing the full Payment of such Compensation: And whereas in pursuance of the Provisions of the recited Acts of the Fifth and Sixth and Sixth and Seventh Years aforesaid respectively various Sums awarded by the said Commissioners under the said recited Act of the Third and Fourth Years aforesaid, which were subject to Claim preferred before the Commissioners as aforesaid or to Litigation in the Courts of the several Colonies, have been paid over to the Accountant General of the Court of Chancery, and have been invested by him in the Three Pounds per Centum Consolidated Bank Annuities, or have been transferred to the Name of the said Accountant General in equivalent Amounts of Three Pounds Ten Shillings per Centum Reduced Annuities: And whereas certain of the said Claims preferred before the said Commissioners were pending and unadjudicated upon at the Period of the Termination of their Proceedings as aforesaid, and certain Amounts of the said Three Pounds per Centum Consolidated Bank Annuities, or of the said Three Pounds Ten Shillings per Centum Reduced Annuities, arising from the Investments or Transfers as aforesaid in respect of the said Claims, and from the Dividends that have accrued thereon, are still standing in the Name of the said Accountant General in the Books of the Bank of England: And whereas it is expedient that Provision should be made for the Completion and Issue of the said Awards of Compensation for Slaves, and likewise for adjudicating and deciding upon the Claims to Right, Title, or Interest to or in the Compensation for any manumitted Slave or Slaves pending and unadjudicated upon as aforesaid, or which may hereafter arise or be preferred;' be it therefore enacted, That the Commissioners of Her Majesty's Treasury of the United Kingdom of Great Britain and Ireland, or an y Three or more of them, may, by Warrant under their Hands, appoint One or more Arbitrator or Arbitrators to consider such Reports, Documents, or Evidence relating to the unsettled Awards of Compensation for Slaves as have been or may be received from the aforesaid Assistant Commissioners in the Colonies, or as may be otherwise preferred relating thereto, and to certify to the said Commissioners of Her Majesty's Treasury the Amount of Compensation due in each Case; and likewise to consider any such Claim or Claims of Persons claiming to have Right, Title, Interest, or Lien to, in, or upon the Compensation for the Services of any Slave or Slaves which may have remained pending or unadjudicated upon at the Termination of the Proceedings of the said Commissioners as aforesaid, or which may hereafter be referred to him or them by the said Commissioners of Her Majesty's Treasury, and to certify to the said Accountant General of the Court of Chancery the Name or Names of the Party or Parties who may appear to be entitled to such Compensation, or to the Interest and Dividends that have accumulated thereon, or to any Portion or Portions thereof, in like Manner as the Commissioners under the first-recited Act of the Third and Fourth Years aforesaid have heretofore done.
Upon Receipt of Certificate, the Treasury may authorize the National Debt Commissioners and Accountant General in Chancery to make Payments, &c.	III. And be it enacted, That the said Commissioners of Her Majesty's Treasury may, upon the Receipt of such Certificate of the said Arbitrator or Arbitrators as aforesaid, relating to such uncontested Compensation to Proprietors of Slaves as aforesaid, issue their Warrant or Warrants to the Commissioners for the Reduction of the National Debt, authorizing and directing them to pay, discharge, and satisfy the Sums awarded and assigned by the said Arbitrators, with the Interest that may have accrued thereon, in the same Manner as if the said Awards had been made and certified by the Commissioners under the first-recited Act of the Third and Fourth Years referred to; and the Accountant General of the Court of Chancery may, Upon the Receipt of such Certificate of Adjudication and Award of the said Arbitrator or Arbitrators in respect of such litigated Claims as aforesaid, transfer or pay over all such Stock in the Three Pounds per Centum Consolidated Bank Annuities, or in the Three Pounds Ten Shillings per Centum Reduced Annuities, as may be standing in his Name in the Books of the Bank of England on account or to the Credit of the Claim or Claims to which such Adjudication and Award may relate, or the Proceeds of the Sale thereof, in like Manner as if such Adjudication and Award had been made and certified by the Commissioners under the first-recited Act of the Third and Fourth Years aforesaid.
Power for Lords of the Treasury to award or adjudicate without appointing an Arbitrator.	IV. Provided always, and be it enacted, That the Commissioners of Her Majesty's Treasury, or any Three or more of them, in case they shall see fit, may, upon the Receipt of such Reports, Documents, or Evidence relating to unsettled Awards of Compensation to Proprietors of Slaves as aforesaid, determine, award, and assign the Amount of the Compensation due to the respective Claimants, and likewise make final Adjudications or Awards upon any such Claim or Claims as aforesaid to Right, Title, or Interest to or in the Compensation for the Services of any Slave or Slaves, without referring the same to any such Arbitrator or Arbitrators, and may thereupon issue their Warrant or Warrants to the said Commissioners for the Reduction of the National Debt, to pay the Sums awarded and assigned, or certify to the said Accountant General of the Court of Chancery their Adjudications or Awards relating to any Stock standing in his Name in the Books of the Bank of England on account and to the Credit of any such Claim or Claims as aforesaid; and the said Accountant General of the Court of Chancery shall thereupon transfer or pay over the said Stock or the Proceeds thereof, in conformity with the said Adjudication and Award, in like Manner as if the same had been made and certified by the said Commissioners under the first-recited Act of the Third and Fourth Years aforesaid, or by the Arbitrator or Arbitrators herein-before mentioned.
Rules of the late Commissioners to be conformed to. Awards of the Treasury to be valid, and subject to Appeal.	V. Provided always, and be it enacted, That the said Arbitrator or Arbitrators and the said Commissioners of Her Majesty's Treasury, in all Acts, Matters, and Proceedings relating to the said Awards of Compensation, or the said Adjudication on litigated Claims thereto, shall respectively observe and conform to the general Rules aforesaid; and the said Awards and Adjudications of the said Commissioners of Her Majesty's Treasury, or of the said Arbitrator or Arbitrators, shall have like Force, Effect, and Validity, and shall be subject to all the like Provisions, Rules, and Regulations, as regards Appeal to Her Majesty in Council or otherwise, as if they had been made and certified by the said Commissioners under the first-recited Act of the Third and Fourth Years of the Reign of His late Majesty: Provided also, that the said Commissioners of Her Majesty's Treasury, or any Three or more of them, or the said Arbitrator or Arbitrators so to be appointed as aforesaid, may exercise the like Powers and Authority, and do, order, and direct all Acts, Matters, and Things regarding such Compensation as aforesaid, so far as may be necessary for the Purposes of this present Act, as fully and effectually as the same could have been exercised or done by the said Commissioners before the passing of this Act.
Surplus of Reserved Fund, how to be disposed, &c.	VI. 'And whereas the said Commissioners, under the said recited Act of the Third and Fourth Years of the Reign of His late Majesty, did set apart and reserve, out of the Amount of the Compensation apportioned for each of the several Colonies specified in the said Act, certain Sums, amounting in all to Fifty-one thousand seven hundred and sixty-five Pounds, to meet any Claims for Compensation that might incidentally arise or be preferred in respect of Slaves who had not been enumerated in the Returns upon which the said Apportionment was made: And whereas some Portion of the Sums so reserved may not be claimed or required for the said Purpose, and it is expedient that any such Surplus should be disposed of in such Manner as may be beneficial to the Parties in the respective Colonies for whose Compensation and Benefit the said Sum of Twenty Millions Pounds was granted;' be it therefore enacted, That, after the Completion of the Awards on Claims for Compensation now outstanding, the Commissioners of Her Majesty's Treasury may, with the Consent and Approval of Her Majesty's Secretary of State having Charge of the Affairs of the Colonies, authorize the Issue and Application, in aid of the Funds of any Charitable Institution or of Establishments for Education maintained at the Public Charge within any Colony, of the Amount of any such Surplus of the Sum reserved out of the Compensation apportioned for such Colony as may remain unappropriated as above mentioned, and by Warrant under the Hands of any Three or more of them direct the Payment, by the Commissioners for the Reduction of the National Debt, of the Sum or Sums so to be issued and applied, to such Person or Persons as they may see fit to appoint; and the Commissioners of the National Debt, upon the Receipt of such Warrant, may pay and discharge the Amount thereof, either out of Monies standing to the Credit of their West India Compensation Account at the Bank of England, or by the Sale or Transfer of any Portion of the Three Pounds Ten Shillings per Centum Reduced Annuities, created in pursuance of the before-recited Acts of the Fifth and Sixth and Sixth and Seventh Years of the Reign of His late Majesty, in the same Manner as they are empowered to pay and discharge the Awards of Compensation for the Services of Slaves.
Further Allowances to Claimants for Interest or Dividends to cease.	VII. 'And whereas it is expedient that Provision should be made for the final Settlement and Determination, within a given Period, of all 'Claims to Compensation for the Services of Slaves;' be it therefore enacted, That from and after the Fifth Day of April last past all further Allowance of Interest or Dividends to the Claimants for any Compensation that may have remained unawarded by the said Commissioners, or unissued by the Commissioners for the Reduction of the National Debt, or for and upon any Three Pounds Ten Shillings per Centum Reduced Annuities to be paid and transferred in satisfaction thereof, shall cease and be discontinued; and also, that from and after the passing of this Act all further Additions or Augmentations from Dividends or Interest to any Sums in the Three Pounds per Centum Consolidated Bank Annuities or Three Pounds Ten Shillings per Centum Reduced Annuities, standing in the Name of the Accountant General of the Court of Chancery in the Books of the Governor and Company of the Bank of England, on account of Compensation which has been the Subject of Litigation before the said Commissioners or in the Colonial Courts, shall likewise cease and be discontinued.
Treasury may apply Interest or dividends to defray Expences.	VIII. Provided always, and be it enacted, That the Commissioners of Her Majesty's Treasury, or any Three or more of them, may apply, or cause to be applied, any Interest or Dividends that may have accrued, or shall hereafter accrue, on the said Sum of Twenty Millions granted for Compensation to Proprietors of Slaves, or on any Part thereof, or on the Three Pounds Ten Shillings per Centum Reduced Annuities, or Three Pounds per Centum Consolidated Annuities, created or purchased in respect thereof, and which shall remain unissued to the Claimants for the said Compensation, for the Payment of Expences relating to the Apportionment and Distribution thereof, and for that Purpose, by Warrant under their Hands, may order and direct the said Commissioners for the Reduction of the National Debt, or the said Accountant General of the Court of Chancery, to retain and set apart out of any such Interest or Dividends such Sum or Sums as they may deem necessary, in addition to the Sum which was retained and set apart in pursuance of the Provisions of the Act of the Fifth and Sixth Years of the Reign of His late Majesty before recited; and the Sum or Sums so retained or set apart shall be paid and transferred by the said Commissioners for the Reduction of the National Debt, or by the said Accountant General of the Court Of Chancery, in such Manner and to such Party or Parties as the said Commissioners of Her Majesty's Treasury, or any Three or more of them, shall direct.
Money remaining to he repaid to the ConsolidatedFund; Stock to be cancelled.	IX. And be it enacted, That from and after the Thirty-first Day of December One thousand eight hundred and forty-two all such Principal Sums of Money as shall then be and remain to the Credit of the Account of the Commissioners for the Reduction of the National Debt at the Bank of England under the Title of the "West India Compensation Account," pursuant to the Provisions of the said before-recited Act, and all such Principal Sums of Three Pounds Ten Shillings per Centum Reduced Annuities written in and placed to the Credit of the Commissioners for the Reduction of the National Debt in the Books of the Bank of England under the Title of "The Compensation Account of the Colony of Barbadoes," pursuant to the Provisions of the said recited Act of the Fifth and Sixth Years of His late Majesty, as shall then remain to the Credit of the said Commissioners, and likewise all such Principal Sums of Three Pounds Ten Shillings per Centum Reduced Annuities written in and placed to the Credit of the said Commissioners for the Reduction of the National Debt in the Books of the said Bank of England under the Title of "The Slave Compensation Account," pursuant to the Provisions of the said recited Act of the Sixth arid Seventh Years of the Reign of His late Majesty, as shall then remain to the Credit of the said Commissioners, together with all Interest or Dividends that may have become due or payable in respect of the said Principal Sums of Money or Stock, and which shall not have been issued or applied as herein-before provided for, shall revert to the Public; and from and after the said Thirty-first Day of December One thousand eight hundred and forty-two the Commissioners of Her Majesty's Treasury, or any Three or more of them, for the Time being, may, by Warrant under their Hands, order and direct the said Commissioners for the Reduction of the National Debt to pay and transfer any Sum or Sums remaining to the Credit of the West India Compensation Account into the Receipt of Her Majesty's Exchequer, to be carried to and form Part of the Income of the Consolidated Fund, and may likewise order and direct the Governor and Company of the Bank of England and the said Commissioners for the Reduction of the National Debt respectively to cancel all such Principal Sums of Three Pounds Ten Shillings per Centum Reduced Annuities as aforesaid, and to pay into the Receipt of Her Majesty's Exchequer the Dividends that shall have accrued thereon (so far as the same shall not have been issued and applied as aforesaid), in the Manner provided for by the said recited Act of the Sixth and Seventh Years of the Reign of His late Majesty with respect to such Portions of the said Annuities as might be left standing in the Names of the said Commissioners for the Reduction of the National Debt after satisfying the several Claims for Slave Compensation in the Colonies.
Transfer to the Public of all Stocks, &c. remaining unappropriated.	X. And be it enacted, That from and after the Thirty-first Day of December One thousand eight hundred and forty-five all such Principal Sums of Three Pounds per Centum Consolidated Bank Annuities or Three Pounds Ten Shillings per Centum Reduced Annuities, invested by or transferred to the Accountant General of the Court of Chancery, in pursuance of the Provisions of the said recited Acts of the Fifth and Sixth and Sixth and Seventh Years of the Reign of His late Majesty, with the Accumulations that have accrued from the Investment of Dividends thereon, as shall thus be and remain in the Name and to the Credit of the said Accountant General on his several Accounts in the Books of the Bank of England, as provided for by the said Acts, and which shall not be the Subject of Claims or Proceedings still pending before the Courts of Judicature in the Colonies, or before any Court or Courts of Judicature or of Appeal in the United Kingdom, shall in like Manner revert to the Public, together with such Interest or Dividends thereon as may not have been issued or applied as herein-before provided; and from and after the said Thirty-first Day of December One thousand eight hundred and forty-five the Commissioners of Her Majesty's Treasury, or any Three or more of them, may, by Warrant under their Hands, direct and require the said Accountant General of the Court of Chancery to transfer to the Commissioners for the Reduction of the National Debt in the Books of the said Bank of England all such Principal Sums of Three Pounds per Centum Consolidated Annuities and Three Pounds Ten Shillings per Centum Reduced Annuities as shall then be and remain in the Name and to the Credit of the said Accountant General on his several Accounts, in the Books of the said Bank, under the Provisions of the said recited Acts of the Fifth and Sixth and Sixth and Seventh Years of the Reign of His late Majesty, and as shall not be the subject of Claims and Proceedings pending as aforesaid; and thereupon the Commissioners of Her Majesty's Treasury, or any Three or more of them, may order and direct the Governor and Company of the Bank of England and the said Commissioners for the Reduction of the National Debt respectively to cancel all such Principal Sums of Three Pounds per Centum Consolidated Annuities and of Three Pounds Ten Shillings per Centum Reduced Annuities, and to pay into the Receipt of Her Majesty's Exchequer any Dividends accrued thereon, which shall not have been invested or otherwise issued or applied by the said Accountant General previously to such Transfer as above mentioned, in the same Manner as is provided for in the said recited Act of the Sixth and Seventh Years of the Reign of His late Majesty with respect to the Portion of the said Three Pounds Ten Shillings per Centum Reduced Annuities therein referred to.
Act may be amended this Session.	XI. And be it enacted, That this Act may be amended or repealed by any Act to be passed in the present Session of Parliament.

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