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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.
Rules to be laid before King 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 prædial Slaves and of unattached Slaves in every such Colony; and such Commissioners shall distinguish such Slaves, whether prædial 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 seised 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 Funds 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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