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 inquiry 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 or 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 inquiry; 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 person or persons 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, having 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 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 defrayed by the person receiving possession thereof under the decree of such court: Provided nevertheless, that in If party case the court shall not immediately restore or condemn the said slaves shall slaves by decree, having the force and effect of a definitive sen- neglect to tence, but shall direct further proof to be made in the cause, provide for whereby the restitution or condemnation shall be deferred, and proceedings, the person claiming any right or property in, or the possession of they shall be the said slaves, shall not have supplied, or at any time pending dealt with as proceedings in that court shall refuse or neglect to supply, proper this Act for food and necessaries for the said slaves, it shall be lawful for the slaves concourt to direct a valuation to be made of such slaves, and to demned to decree such slaves, after such valuation had and approved by the use; but no court, to be delivered over to such officer or person as may be bounty shall appointed by His Majesty to receive slaves condemned to His be payable

claiming

them pending

prescribed by

His Majesty's

for them, un

condemned.

less finally Majesty's use, according to the provisions of this Act, and the same shall be dealt with and treated in all respects according to the said provisions, save and except that the bounty shall not be due or payable for such slaves, but in the event of final I condem Tequila Aut nation, according to the provisions of this Act.

Proceedings

to slaves in

nitive sen

tence.

XXXIII. And be it further enacted, That in all cases in with respect which there shall have been a decree having the force and effect case of appeal of a definitive sentence, restoring or condemning the said slaves, from a defi- 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 aforesaid provisions, 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 this Act.

Where slaves shall be restored in the

shall be a

warded, de

ducting the expenses of

maintenance.

XXXIV. And be it further enacted, That in all cases in which such slaves shall have been delivered over as before

Court of Ap- directed, and shall be finally restored in the Court of Appeal, peal, restitu- restitution in value shall be made for the use of the claimant or tion in value proprietor thereof, according to the valuation made 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 above directed; and the value so adjusted shall be paid out of the Consolidated Fund in the same manner as bounties are directed to be paid for slaves condemned to His Majesty under this Act, 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, subject nevertheless, when the restitution shall be decreed by the Court of Appeal, to the review and correction of the said valuation.

In case of de

tution, costs

capture ap

XXXV. Provided always, and be it enacted, That nothing cree of resti: herein contained shall prevent the said courts, or any of them or damages having jurisdiction in the principal cause, from adjudging and may be a- decreeing the captors, seizors, or prosecutors in any such cause as warded where aforesaid to pay, out of their own proper monies, such sums in pears unjos the nature of costs or damages as the said court shall decree, when tifiable. 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 be justified by the circumstances of the case. XXXVI. And be it further enacted, That all ships, or vessels, illicit traffic whether British or Foreign, which shall be condemned in any in slaves may Court of Admiralty or Vice-Admiralty in any part of be registered Majesty's dominions, for any offence in relation to the Slave

Ships con

demned for

as British

ships.

Trade, or under any of the Mixed Commission Courts herein

&

CXIII

after mentioned, or which may in future be established in pursu

ance of any Treaty or Co between this country and any foreign power, shall, from and after such judgment or condemnation respectively, be entitled to a certificate of registry as a British ship, and thereupon have and enjoy all the privileges and advantages of British-built ships and vessels, being first duly registered according to the provisions of an Act made in the twenty-sixth year of the reign of His late Majesty, and shall be deemed and taken as such, and shall be entitled to have and enjoy all and every the same rights, liberties, privileges, and advantages in all respects whatsoever with British-built ships and vessels, and shall be subject and liable to all and every the rules and regulations that British-built ships or vessels are subject and liable to any law, custom, or usage to the contrary thereof in anywise notwithstanding.

to appoint a

slaves, con firmed;

XXXVII. And whereas in and by an Act passed in the 59 Geo. 3, 0. fifty-ninth year of His late Majesty King George the Third, inti- 120, authoriz taled An Act for establishing a Registry of Colonial Slaves in ing the king Great Britain, and for making further Provisions with respect to registrar for the Removal of Slaves from British Colonies, it is enacted, That it colonial shall be lawful for His Majesty to nominate and appoint, by warrant under the hand and seal of one of His Majesty's principal secretaries of state, some fit and proper person as the registrar of colonial slaves, to receive the copies of all registries or returns of slaves, and of any abstracts or indexes referring thereto, which may have been or which may at any time hereafter be transmitted from any of His Majesty's foreign possessions, either in pursuance of any Order of His Majesty in Council, or of any law or ordinance duly passed in any of the British colonies respectively, which said registrar, and his successors respectively, shall continue to hold the said office during His his salary, Majesty's pleasure; and also, that the Commissioners of His clerks, and Majesty's Treasury of the United Kingdom of Great Britain and officers. Ireland, or any three or more of them, shall assign to the registrar so appointed such a salary, not exceeding in the whole the sum of eight hundred pounds per annum, as shall appear to them adequate and proper, and shall fix the number of such clerks, officers, or other persons to assist the said registrar, as may from time to time be necessary, and shall allow to them also such salaries as may be proper, and also reasonable sums for incidental charges; all which salaries and charges shall be defrayed and paid in the same manner as the salaries and incidental charges of the offices of His Majesty's principal secretaries of state are now defrayed and paid; and also, that the said Com- Office fees; missioners of the Treasury, or any three or more of them, shall and applica provide a proper and distinct office for the said registrar, and shall appoint the several fees to be taken by the registrar, or his assistants in the said office, and shall cause a schedule of the same to be delivered to the said registrar at the time of his appointment, which said schedule, or a copy thereof, shall be always kept and hung, for public information, in the office of the registrar; provided always, that the fees so received by the

tion thereof.

registrar, or his assistants, shall be carried to the public account, and the residue thereof, if any, after paying the salaries of the registrar, and other persons employed in his office, shall be applied, under the direction of the said Commissioners of the Oath of office. Treasury, in aid of the expenses of His Majesty's civil list; and also, that the person who may be at any time appointed registrar of colonial slaves shall, before he enters on the execution of his said office, be sworn before the chief justice, or one of the justices of His Majesty's Courts of Kings Bench or Common Pleas, or the chief baron, or one of the barons of His Majesty's Court of Exchequer, in the words following:

eligible as a

Commons.

Returns, &c. shall be de

livered over to the regis trar, and be

continued and cor

rected by him.

'I A. B. do solemnly promise and swear, that I will in all respects faithfully and uprightly perform the duties of registrar of colonial slaves, to the best of my judgment and ability.

'So help me God.' Registrar in- And also, that any registrar of slaves who may be appointed member of by virtue of this Act shall, during his continuance in such office, the House of be incapable of being elected or of sitting as a member of the House of Commons; and also, that as soon as the office of registrar of colonial slaves shall be opened, copies and duplicates of the several registries and returns of slaves in the several colonies, and all papers connected therewith, which may have been received by any of His Majesty's secretaries of state, shall be delivered over to the said registrar, and shall be by him kept in the said office; and the said registrar shall from time to time carry on, continue, correct, and enlarge the copies of the several registries of slaves respectively, pursuant to the further returns of slaves which may from time to time be received from the several colonies, and shall form such indexes and abstracts, and such convenient arrangements in other respects, as may best promote regularity in keeping the said books, and facilitate search Registrar's therein; and also, that every such registrar, or his clerk or attendance assistants, so to be appointed as aforesaid, shall give due attendance at the said office every day in the week, (except Sundays and such holidays as are kept at the Bank of England,) from the hour of ten of the clock in the morning to the hour of four of the clock in the afternoon, for the dispatch of all business belonging to the said office; and that every such registrar, or his clerks or assistants, shall, as often as required, make searches concerning any slave or slaves that shall be registered or supposed to be registered in any of the said books; and shall also, if required, give certificates under the hand of the said registrar as to the registration or non-registration of any such slave or slaves, with extracts, when the same is or are found to be registered, of the name and description or names and descriptions thereof, and of the plantation or plantations, owner or owners, to whom the same is or are described to belong, and of any other particulars relating thereto which may be stated in the said registry; and Fees thereon. that such registrar shall be entitled to receive, for every such search, certificate, or extract, such sums as shall be duly ap pointed in the schedule of fees, to be fixed by the said Commissioners of the Treasury as is hereinbefore provided for; and

and duties.

"

}

ར་ྙ

any

slaves, or ad

slaves in the

of registra

gistered for

slaves in the

also, that it shall not be lawful for any of His Majesty's subjects Purchase of in this United Kingdom to purchase or to lend or advance any vance of money, goods, or effects upon the security of any slave or slaves money on in any of His Majesty's colonies or foreign possessions, unless security of such slave or slaves shall appear by the return received therein colonies, to have been first duly registered in the said office of the registrar allowable of colonial slaves; and that every sale, mortgage, and convey- only in case ance or assurance of, and every charge or other security upon, tion. any slave or slaves not so appearing to be registered, which shall be made or executed within this United Kingdom to or in trust for any of His Majesty's subjects, shall be absolutely null and void in respect of any such unregistered slave or slaves; and what slaves that for this purpose no slave or slaves shall be deemed and taken shall be conto be duly registered, unless it shall appear that a return of such sidered reslave or slaves, duly made by the owner or owners or other persons the purpose in his or their behalf, in the manner and form required by law in of purchasethe colony in which such slave or slaves may reside, or a copy or abstract of such return, shall have been received in the office of the said registrar from the colony in which such slave or slaves shall reside, within the four years next preceding the date of such sale, mortgage, conveyance or assurance, charge or security as aforesaid; and also, that no deed or instrument made or executed By what within this United Kingdom, whereby any slave or slaves in forms only of the said colonies shall be intended to be mortgaged, sold, colonies may charged, or in any manner transferred or conveyed, or any be conveyed estate or interest therein created or raised, shall be good or valid or charged. in law, to pass or convey, charge or affect any such slave or slaves, unless the registered name and description, or names and descriptions, of such slave or slaves, shall be duly set forth in sach deed or instrument, or in some schedule thereupon indorsed or thereto annexed, according to the then latest registration, or corrected registration, of such slave or slaves, in the said office of the registrar of slaves: Provided always, that no deed or instrument shall be avoided or impeached by reason of a clerical error in setting forth the names and descriptions of any slave or slaves therein, or in any schedule thereto contained, nor shall the same be avoided or impeached by reason of any disagreement between the names and descriptions and the entries thereof in the books of the registry, or duplicate registry, which shall have arisen from any error or default of the registrar, his assistant or clerks, in extracting and certifying the said names and descriptions, without the fraudulent contrivance or wilful default of the parties to such deed or instrument: Provided also, that nothing herein contained shall extend or be construed to hinder or prevent the transfer or assignment of any security, mortgage, or charge, of or upon slaves, granted, made, created, or executed Antecedently to the passing of this Act, nor to avoid any deed or instrument whereby such security, mortgage, or charge shall be hereafter transferred, nor to avoid, hinder, or impeach any will, codicil, or other testamentary paper, or any probate or letters of administration, or any bill of sale, assignment, conveyance, or instrument, made by or under the authority of any commission of bankrupt, or any public officer appointed to assign or convey