An Act for the preventing & punnising of Those Who Shall Willfully Burne or fire any Canes

For As much as Divers Inconveniences and Very Greatt Damages May Happen to the Inhabitants of this Collony by Many [illegible] Wandering and ill Disposed persons who Make It a Common Use And practice to wander, And with Lighted torches to goe A Crabbing In and Aboutt the plantations of Severall persons Where Suger Kanes Are growing, which May Proove the utter Ruin of the Owners of Such plantations by fireing the Same

 

Bee Itt therefore Ordained and Enacted by the Governor Councill And Assembly, And by the Authoritty of the Same that if any Person or persons Whattsoever Shall from & after the publication of this Act, Bee taken or Knowne Either By daye or by night to Carry fire or Lighted Torches or to Smock Tobacco in Any Sugar Canes Belonging to Any Person or Inhabitants of this Island Or to Carry Such fire Torches Or Smoake Tobacco neere Such Canes by goeing A Crabbing In and About Barracades of Any plantation In this Island, Where Such canes Are Growing or otherwise out of the Common Roade that then Every person Soe offending the fact being proved by an Oath of one Wittnes Shall pay to the publique Treasury of this Island by way of fine The Sume of one Thousand pounds of Tobacco Or Sugar to be Levied by Way of Distresse upon his goods & Chattles by warrant from the Governor for The time being to the provost Marshall of the Island, And if any person or persons Soe offending Shall Att the Comiting of Such offence be A Servant Or Slave that then the owner of Any Such Plantation Where Such offence Be it committed, Or Any other Person By him Imployed for that purpose Shall Bring Such Servant or Servants, Slave Or Slaves before the next Justice of the peace, Who Shall by virtue of this Act, Upon the Oath of one Wittness Cause the Said Offender Or Offenders to be publiquely whipped According to the Discretion of Such Justice of the peace Except the Master or Owner of Such Servant or Servants Slave or Slaves will Reedeme Such Punishment by passing the fine aforesaid; And if any Servant or Servants Slave or Slaves, So offending Shall Upon the Committing of Such offence Make his Escape by Running Away from the Master or owner of any Such plantations where Such offences is Committed, or from Any person by him or Them Imployed, That then Such Master owned or Imployed Shall Make his or Thare Complete [illegible] the next Justice of the peace, Who Shall by his Warrant Summon Such offender or offenders before him, If he or they bee Christian Servant or Servants. Butt if a Slave then upon Complaint Made as aforesaid, the Justice Shall Issue out his Warrantt to the Master or owner of Such Slave or Slaves Then by Commanding him or them to Deliver Up Such Slave or Slaves to Receive his or There due and Deserved punishment Upon penalty of forfeiting the fine aforesaid.

 

And It is further Enacted By the Authority Aforesaid That if any person or persons Whatt soever Shall bee Travelling In the High ways or Roads of this Island, with fire Lighted Torches or Smoaking of Tobacco or other ways to Enter Into the Standing Sugar Canes or Wander or Goe out A Crabbing In the Barracades or Plantations of Any Person or persons Whattsoever In This Island  With fire Lighted Torches, or Light pipes of Tobacco Where Such Canes Are growing And Shall Willfully or Carelessly fire the Same That Then Such offender or offenders Shall upon the fact Prooved by Two Sufficient Wittnesses Suffer Death As a felon Any Law Usage or Custom heretofore Used or Made to the Contrary Anywayes nott withstanding, Datted At the Sessione house In Falmouth the 14th day of August 1672.

 

Samuell Irish, Speaker                                                                             Phillip Warner