CAP. L.

AN ACT for carrying into execution a Treaty signed at London for the Suppression of the Slave Trade so far as the same relates to Great Britain, Austria, Prussia, and Russia.

(10th August 1843.)

This Act, after reciting that on the 20th of December 1841 a treaty was signed at London, between Great Britain, Austria, France, Prussia, and Russia, for the suppression of the African slave trade, and the articles thereof, contains the following clauses:

1. Officers commanding ships of Her Majesty, or of their Majesties the Emperor of Austria, the King of Hungary and Bohemia, the King of Prussia, and the Emperor of all the Russias, being duly authorized, empowered to visit and search merchant ships within certain limits.

II. British ships suspected of having been fitted out for the purpose of traffic in slaves liable to search and detention.

II. Proceedings against British vessels to be conducted in the name of Her Majesty.

IV. Vessels equipped for traffic in slaves to be held as engaged in the slave trade, unless the contrary is proved.

v. To whom proceeds of British vessels confiscated shall be paid.

VI. The trial of vessels engaged in the slave trade.

VII. Punishing persons giving false evidence.

VIII. Pendency of suits to be a bar to any proceedings instituted for the recovery of the vessels detained.

IX. Vessels condemned to be sold for Her Majesty's service or broken up.

X. Captors of vessels shall, after the same are condemned, be entitled to one moiety of the proceeds.
XI. Bounty for slaves captured.

XII. Bounty on tonnage of slave ships captured and demolished.

XIII. Where no slaves are on board a ship seized, an additional bounty to be paid.

XIV. Bounties to be paid out of the Consolidated Fund.

XV. Bounties not liable to payment of fees.

XVI. Proof of tonnage.

XVII. Copy of sentence of condemnation to be produced to the Commissioners of the Treasury.

XVIII. One moiety of the bounty only to be paid in certain cases.

XIX. Parties claiming benefit under this Act may resort to the Court of Admiralty.

XX. Regulations and penalties respecting prize agents' accounts extended to bounties and proceeds under this Act.

XXI. Commissioners of the Treasury may order payment of costs awarded for vessels of Her Majesty detained but not condemned.

XXII. The Commissioners of the Treasury may repay to the seizor of any vessel not condemned the expenses incurred by him.

XXIII. No compensation to be made when any articles specified in the 9th article of the treaty are found on board.

CAP. LI.

AN ACT for carrying into effect the Treaty between Her Majesty and the Mexican Republic for the Abolition of the Traffic in Slaves.

(10th August 1843.)

This Act, after reciting that on the 24th of February 1841 a treaty was concluded and signed at Mexico, between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the Mexican Republic, for the abolition of the traffic in slaves, and setting forth the articles thereof, contains the following clauses :

1. Officers commanding ships of Her Majesty or of the Mexican Republic, duly authorized and empowered to visit and search merchant ships of the two nations, within certain limits.

II. British ships suspected of having been fitted out for the purpose of traffic in slaves liable to search and detention.

III. Vessels equipped for traffic in slaves to be deemed engaged in the slave trade.

IV. The trial of vessels engaged in the slave trade.

v. Punishing persons giving false evidence.

VI. Pendency of suits to be a bar to any proceedings instituted for the recovery of the vessels detained.

VII. Vessels condemned to be sold for Her Majesty's service or broken up.

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VIII. Captors of vessels shall, after the same are condemned, be entitled to the portion of the proceeds belonging to Her Majesty.

IX. Bounty for slaves captured.

x. Bounty on tonnage of slave ships captured and demolished.

XI. Where no slaves are on board a ship seized, an additional bounty to be paid.

XII. Bounties to be paid out of the Consolidated Fund.

XIII. Bounties not liable to payment of fees.

XIV. Proof of tonnage.

xv. Copy of sentence of condemnation to be produced to the Commissioners of the Treasury.

XVI. One moiety of the bounty only to be paid in certain cases.

XVII. Parties claiming benefit under this Act may resort to the Court of Admiralty.

XVIII. Regulations and penalties respecting prize agents' accounts extended to bounties and proceeds under this Act. XIX. Commissioners of the Treasury may order payment of costs awarded for vessels of Her Majesty detained but not condemned.

xx. The Commissioners of the Treasury may repay to the seizor of any vessel not condemned the expenses incurred by him.

XXI. No compensation to be made when any articles specified in the 9th article of the treaty are found on board.

CAP. LII.

AN ACT for carrying into effect the Treaty between Her Majesty and the Republic of Chile, for the Abolition of the Traffic in Slaves.

(10th August 1843.)

This Act, after reciting that on the 19th of January, 1839, a treaty was concluded and signed at Santiago, between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the Republic of Chile, for the abolition of the traffic in slaves, whereby it was agreed as in articles set forth in the Act, contains the following clauses :—

:

1. Officers commanding ships of Her Majesty or of the Republic of Chile, being duly authorized and empowered, may visit and search merchant ships of either of the two nations within certain limits.

11. Ships suspected of having been fitted out for the purpose of traffic in slaves liable to search and detention.

III. Her Majesty may appoint Judges and arbitrators to decide cases of detention.

Iv. Her Majesty may appoint a secretary or registrar to the mixed court.

v. In case of the death or incapacity from illness of any British Judge of such courts, or of the British arbitrator. VI. Judges and arbitrators to take an oath.-Form of Oath.-Secretary or registrar to take oath.

VII. Judges and arbitrators may administer oaths.

VIII. Punishing persons giving false evidence.

IX. Pendency of suits before the Judges to be a bar to any proceedings instituted for the recovery of the vessels detained.

x. Vessels equipped for traffic in slaves to be deemed engaged in the slave trade.

XI. Vessels condemned to be sold for Her Majesty's service, or broken up.

XII. Captors of vessels shall, after the same are condemned, be entitled to the portion of the proceeds belonging to Her Majesty.

XIII. Bounty for slaves captured.

XIV. Bounty on tonnage of slave ships captured and demolished.

xv. Where no slaves are on board a ship seized, an additional bounty to be paid.

XVI. Bounties to be paid out of Consolidated Fund.

XVII. Bounties not liable to payment of fees.

XVIII. Proof of tonnage.

XIX. Copy of sentence of condemnation to be produced to the Commissioners of the Treasury.

xx. One moiety of the bounty only to be paid in certain cases.

XXI. Parties claiming benefit under this Act may resort to the Court of Admiralty.

XXII. Regulations and penalties respecting prize agents' accounts extended to bounties and proceeds under this Act.

XXIII. Commissioners of the Treasury may order payment of costs awarded for vessels of Her Majesty detained but not condemned.

XXIV. The Commissioners of the Treasury may repay to the seizor of any vessel not condemned the expenses incurred by him.

XXV. No compensation to be made when any articles specified in the 9th article of the treaty are found on board.

CAP. LIII.

AN ACT for carrying into effect the Treaty between Her Majesty and the Queen of Portugal for the Suppression of the Traffic in Slaves.

(10th August 1843.)

This Act, after reciting that on the 3rd of July, 1842, a treaty was concluded and signed at Lisbon, between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Queen of Portugal, for the suppression of the traffic in slaves, and setting forth the articles of the treaty, contains the following clauses:—

1. Officers commanding ships of Her Majesty or of the Queen of Portugal, being duly authorized, empowered to visit and search merchant ships of the two nations within certain limits.

II. Ships suspected of having been fitted out for the purpose of traffic in slaves liable to search and detention.

III. Her Majesty may appoint commissioners and arbitrators to decide cases of detention.

IV. Her Majesty may appoint a secretary or registrar to the mixed court.

v. In case of the death or incapacity from illness of any British commissioner of such courts, or of the British arbitrator.

VI. Commissioners and arbitrators to take an oath.--Form of oath.-Secretary or registrar to take an oath.

VII. Commissioners and arbitrators may administer oaths.

VIII. Punishing persons giving false evidence.

IX. Pendency of suits before the commissioners to be a bar to any proceedings instituted for the recovery of the vessels detained.

x. Commissary, Judges, and commissioners of arbitration already appointed under former treaties may act until commissioners and arbitrators are appointed under this Act.

XI. Vessels equipped for traffic in slaves to be deemed engaged in the slave trade.

XII. Captured negroes to be delivered over.

XIII. Existing laws to supersede special regulations of Annex (C.) in certain British colonies.

XIV. Special regulations of Annex (C.) may be superseded in other British colonies.

XV. Vessels condemned to be sold for Her Majesty's service, or broken up.

XVI. Captors of vessels shall, after the same are condemned, be entitled to the portion of the proceeds belonging to Her Majesty.

XVII. Bounty for slaves captured.

XVIII. Bounty on tonnage of slave ships captured and demolished.

XIX. Where no slaves are on board a ship seized, an additional bounty to be paid.

xx. Bounties to be paid out of the Consolidated Fund.

XXI. Bounties not liable to payment of fees.

XXII. Proof of tonnage.

XXIII. Copy of sentence of condemnation to be produced to the Commissioners of the Treasury.

XXIV. One moiety of this bounty only to be paid in certain cases.

XXV. Parties claiming benefit under this Act may resort to the Court of Admiralty.

XXVI. Regulations and penalties respecting prize agents' accounts extended to bounties and proceeds under this Act.

XXVII. Commissioners of the Treasury may order payment of costs awarded for vessels of Her Majesty and of Her most Faithful Majesty, detained but not condemned.

XXVIII. The Commissioners of the Treasury may repay to the seizor of any vessel not condemned the expenses incurred by him.

XXIX. No compensation when any articles specified in the 9th article of the treaty are found on board.

xxx. All acts performed under the treaty to be good and sufficient in law.

CAP. LIV.-IRELAND.

AN ACT for extending to Ireland the Provisions not already in force there of an Act of the Third and Fourth Years of the Reign of the late King William the Fourth, intituled An Act for the Limitation of Actions and Suits relating to Real Property, and for simplifying the Remedies for trying the Rights thereto, and to explain and amend the said Act.

(10th August 1843.)

ABSTRACT OF THE ENACTMENTS.

1. Provisions of 3 & 4 Will. 4. c. 27, relating to advowsons, &c., extended to Ireland.

2. Certain words in those provisions to be similarly interpreted.

3. Removing doubts as to the periods limited for bringing any quare impedit or other action.
4. Provisions for the cases of Roman Catholic patrons who shall hereafter conform.

5. Act not to apply to suits commenced before the 1st of January 1845.

By this ACT,

After reciting that an Act was passed, 3 & 4 Will. 4. c. 27, intituled, 'An Act for the Limitation of Actions and Suits relating to Real Property, and for simplifying the Remedies for trying the Rights thereto,' and thereby it was (after and amongst other things) enacted, that after the 31st of December 1833 no person should bring any quare impedit or other action, or any suit to enforce a right to present to or bestow any church, vicarage, or other ecclesiastical benefice as the patron thereof, after the expiration of such period as thereinafter is mentioned; (that is to say,) the period during which three clerks in succession should have held the same, all of whom should have obtained possession thereof adversely to the right of presentation or gift of such person, or of some person through whom he claims, if the times of such incumbencies taken together should amount to the full period of sixty years, and if the times of such incumbencies should not together amount to the full period of sixty years, then after the expiration of such further time as with the times of such incumbencies would make up the full period of sixty years: Provided always, and it was thereby further enacted, that when, on the avoidance after a clerk should have obtained possession of an ecclesiastical benefice adversely to the right of presentation or gift of the patron thereof, a clerk should be presented or collated thereto by His Majesty or the ordinary by reason of a lapse, such last-mentioned clerk should be deemed to have obtained possession adversely to the right of presentation or gift of such patron as aforesaid; but that when a clerk should have been presented by His Majesty upon the avoidance of a benefice, in consequence of the incumbent thereof having been made a bishop, the incumbency of such clerk should for the purposes of that Act be deemed a continuation of the incumbency of the clerk so made bishop; and by the said Act it was further enacted, that in the construction thereof every person claiming a right to present to or bestow any ecclesiastical benefice as patron thereof, by virtue of any estate, interest, or right which the owner of an estate tail in the advowson might have barred, should be deemed to be a person claiming through the person entitled to such estate tail, and the right to bring any quare impedit, action or suit, should be limited accordingly: Provided always, and it was thereby further enacted, that after the said 31st of December 1833, no person should bring any quare impedit or other action, or any suit to enforce a right to present to or bestow any ecclesiastical benefice as the patron thereof, after the expiration of one hundred years from the time at which a clerk should have obtained possession of such benefice adversely to the right of presentation or gift of such person, or of some person through whom he claims, or of some person entitled to some preceding estate or interest or undivided share, or alternate right of presentation or gift, held or derived under the same title, unless a clerk should subsequently have obtained possession of such benefice on the presentation or gift of the person so claiming, or of some person through whom he claims, or of some other person entitled in respect of an estate, share, or right held or derived under the same title; and by the said Act it was further enacted, that at the determination of the period limited by that Act to any person for bringing any writ of quare impedit, or other action or suit, the right and title of such person to the advowson, for the recovery whereof such action or suit might have been brought within such period, should be extinguished: Provided always, and it was thereby further enacted, that that Act should not, so far as it related to any right to present to or bestow any church, vicarage, or other ecclesiastical benefice, extend to Ireland: And that the herein before in part recited Act, save in so far as it relates to any such right as last aforesaid, is already in force in Ireland, and it is expedient to extend to Ireland the whole of the provisions of that Act;

It is Enacted,

1. That after the 1st of January 1844 the several clauses and enactments in the said Act, 3 & 4 Will. 4. c. 27, contained, and hereinbefore recited, relating to any right to present to or bestow any church, vicarage, or other ecclesiastical benefice (the clause thereof providing that the said Act so far as it relates to any such right shall not extend to Ireland always excepted), shall extend and apply to Ireland, and that as fully and effectually as if the same clauses and enactments were here repeated, substituting for the said date of the 31st of December 1833, the said date of the 1st of January 1844.

And after reciting that it was by the said recited Act enacted, that the words and expressions therein mentioned, which in their ordinary signification have a more confined or a different meaning, should in that Act, except where the nature of the provision or the context of the Act should exclude such construction, be interpreted as therein follows; (that is to say,)

that the person through whom another person is said to claim should mean any person by, through, or under, or by the act of whom the person so claiming became entitled to the estate or interest claimed, as heir, issue in tail, tenant by the curtesy of England, tenant in dower, successor special or general, occupant, executor, administrator, legatee, husband, assignee, appointee, devisee, or otherwise, and also any person who was entitled to an estate or interest to which the person so claiming or some person through whom he claims, became entitled as lord by escheat; and that the word "person" should extend to a body politic, corporate, or collegiate, and to a class of creditors or other persons, as well as an individual; and that every word importing the singular number only should extend and be applied to several persons or things as well as one person or thing; and that every word importing the masculine gender only should extend and be applied to a female as well as a male:

It is further Enacted,

II. That the same words and expressions shall in this Act be similarly interpreted, extended, and applied.

And after reciting that doubts have been entertained whether the several periods by the said Act limited for bringing any quare impedit or other action, or any suit to enforce a right to present to, or bestow any ecclesiastical benefice as the patron thereof, apply to the case of a bishop claiming to have right to collate to or bestow any ecclesiastical benefice in his diocese, and it is expedient that all such doubts should be removed ;

It is Enacted,

III. That the several periods limited by the said Act or by this Act for bringing any quare impedit or other action, or any suit to enforce a right to present to or bestow any ecclesiastical benefice, shall apply to the case of any bishop claiming a right as patron to collate to or bestow any ecclesiastical benefice, and that such right shall be extinguished in the same manner and at the same periods as the right of any other patron to present to or bestow any ecclesiastical benefice: Provided always, that nothing herein contained shall be deemed to affect the right of any bishop to collate to any ecclesiastical benefice by reason of lapse.

And after reciting that by an Act 18 Car. 2. (I.) intituled 'An Act for the explaining of some Doubts arising upon an Act, intituled "An Act for the better Execution of His Majesty's gracious Declaration for the settlement of His Kingdom of Ireland, and Satisfaction of the several Interests of Adventurers, Soldiers, and other His Subjects there;" and for making some Alterations of and Additions unto the said Act for the more speedy and effectual Settlement of the said Kingdom,' it was enacted, that certain advowsons and rights of patronage, and the rights of nomination, presentation, or collation to or donation of certain ecclesiastical benefices or promotions, which had been forfeited by certain Irish papists or Popish recusants, should vest, remain, and continue in His Majesty, his heirs and successors, until such Irish papist or Popish recusant, or the right heir of such papist or recusant, should come to church, and receive the sacrament according to the rites of the Church of England, and from and after such conformity should be again revested in the person so conforming and his heirs: And that by an Act, 2 Ann. c. 6, intituled, 'An Act to prevent the further Growth of Popery,' it was enacted, that where any Papists, or persons professing the Popish religion, did or should claim, enjoy, or possess any advowson or advowsons of churches, right of patronage or presentation to any ecclesiastical benefice, or where any Protestant or Protestants did or should hold, claim, enjoy, or possess any advowson or advowsons of churches, or right of patronage or presentation to any ecclesiastical benefice or benefices, in trust or for the use and benefit of any Papist or Papists whatsoever, that every such advowson, and right of patronage or presentation, should be thereby ipso facto vested in Her Majesty, her heirs and successors, according to such estates as such Papist had in the same, until such time as such Papist, or the heir or heirs of such Papist, should take a certain oath and subscribe a certain declaration and abjuration prescribed by and set forth in the said Act, and should conform to the Church of Ireland as by law established ;—

It is Enacted,

IV. That no possession under any presentation by the Crown, or collation by the ordinary, which may have taken place by reason of the said Act, 18 Car. 2, or of the said Act, 2 Ann., during the nonconformity of any such patron professing the Roman Catholic religion, shall be deemed an adverse possession within the meaning of this Act against the right of any such patron or his heirs, or any person claiming by, through, or under him or them; provided, that in all cases in which any patron shall have conformed to the said united church within sixty years before the passing of this Act, or shall hereafter conform thereto, such patron, or any person claiming by, through, or under him, shall not be barred from bringing any such quare impedit, or other action or suit, for the purpose in the said first herein-recited Act mentioned, before the expiration of sixty years, to commence and be computed from the day on which such patron shall have so conformed

as aforesaid.

v. Provided and enacted, That this Act shall not be prejudicial or available to or for any plaintiff or defendant in any action or suit already commenced, or on or before the said 1st of January 1845 to be commenced, relating to any right to present to or bestow any church, vicarage, or other ecclesiastical benefice in Ireland.