Full Transcript
WHEREAS divers Negroes and others have absented themselves from the Service of their respective Owners, Renters, or Employers, and have and do daily seduce others to run away and join them, whereby they are encreased to a great Number, and often commit great Insolences, Outrages, Thefts, and Robberies on the Inhabitants of this Island: For the Prevention of all such Evils for the future, and the ill Consequences of them, we Your Majesty’s most dutiful, loyal, and obedient Subjects the Governor, Council, and Assembly, of this Your Majesty’s Island of Dominica, do humbly pray Your Most Excellent Majesty, that it may be Enacted;
[Clause I.] And be it, and it is hereby Enacted by the authority aforesaid, That if any Slave or Slaves who hath or have been upon, or shall hereafter be upon this Island, for the Space of One Year, shall absent or withdraw, or being now run away, absent, or withdrawn from his, her, or their Owner, Renter, or Employer’s Service, shall continue so absent or withdrawn for the Space of Three Months from the Publication of this Act, or from the Time such Slave or Slaves shall first absent, withdraw, or run away hereafter, or if any Slave or Slaves having been or that shall be on this Island for the Space of One Year, shall absent or withdraw, or run away from his, her, or their Owner, Renter, or Employer’s service, at several Times within the Space of Two Years, amounting in all to Six Months, all and every such Slave or Slaves shall be and is and are hereby adjudged guilty of Felony, and shall suffer Death as a Felon or Felons, or such other Punishment as the Justices, from the Circumstances of the Case, shall judge proper, and if convicted of Felony shall suffer the Pains of Death, by virtue of a Warrant from any Two Justices of the Peace of this Island; and the Provost marshal of this Island, or his lawful Deputy, is hereby required to execute or cause to be executed, in any Part of this Island, all Slave or Slaves whatsoever condemned to Death, and shall bury or cause to be buried such Slave or Slaves so executed; and it shall and may be lawful for the Provost Marshal to have and receive as a Fee, for each Slave executed and buried, the Sum of Six Pounds Twelve Shillings Current Money, and no more, to be paid out of the public Treasury of this Island.
[Clause II.] Provided nevertheless, and be it Enacted by the Authority aforesaid, That if any Slave or Slaves, now absent, withdrawn, or run away, shall return or surrender him, her, or themselves to his, her, or their Owner, Renter, or Employer, within Six Weeks next ensuing the Date of the Publication of this Act, such Slave or Slaves so returning or surrendering is and are hereby pardoned and acquitted of and from all Crime and Crimes (Murder, or an Attempt to Murder, only excepted) by him, her, or them heretofore committed, or which had been committed before the Publication of this Act.
[Clause III.] And be it further Enacted by the Authority aforesaid, That from and after the Publication of this Act it shall and may be lawful for any Person or Persons to apprehend and take up any Slave or Slaves that shall be found off or from the Plantation of his, her, or their Owner, Renter, or Employer, or out of the Town or Plantation wherein or whereon his, her, or their Owner, Renter, or Employer actually thein is, or usually resides (except Slaves employed in bringing Water or other Necessaries for such Owner, Renter, or Employer’s Use, or unless attending upon some White Person) without a Permission in Writing, signed by such Owner, Renter, or Employer, or some White Person employed by such Owner, Renter, or Employer; and the person or Persons apprehending such Slave or Slaves is and are hereby directed to conduct him, her, or them, in Forty-eight Hours, or cause him, her, or them to be conducted to the Plantation, Habitation, or usual Place of Residence of the Owner, Renter, or Employer of such Slave or Slaves, who is hereby required to pay to the Apprehender of such Slave or Slaves the sum of Seven Shillings and Six Pence for each and every Slave, if taken up within Two Miles of such Owner, Renter, or Employer’s Plantation, Habitation, or the Town or Plantation wherein or whereon he or she usually resides, or at any of such apprehending actually then was absent from the Service of such Owner, Renter, or Employer, and if taken up at any greater Distance, Fifteen Shillings Currency, and One Shilling for every computed Mile such Slave or Slaves is or are conducted; and in case any Dispute should arise about the Mile Money, the same to be determined by any Justice of the Peace; and if such Owner, Renter, or Employer shall refuse to pay such Reward, any Justice of the Peace is hereby authorized and required (upon Complaint, and the Oath or Oaths of the Apprehender or Apprehenders of such Slave or Slaves of such Refusal to pay as aforesaid) to issue his Warrant of Distress in Nature of an Execution, directed to any Constable, to levy the same, with the Charges, on the Goods, Chattels, or other Effects of such Owner, Renter, or Employer; and the Goods, Chatteels, or other Effects levied on, such Constable is hereby required to expose to Sale, under the same Regulations, Conditions, and Restrictions as are appointed for the Sale of Goods and Chattels of Defendants taken in Execution by the Provost Marshal of this Island, provided such Sale be made within Ten Days from the Day of the Levy; and it shall and may be lawful for such Constable to take and deduct, as a Fee for his trouble, the Sum of Seven Shillings and Six Pence Currency.
[Clause IV.] And whereas Slaves upon flight or no Occasion frequently run away, and absent themselves in Gangs, from the Service of their Owners, Renters, or Employers, to the Ruin and impoverishment of them, and to the Terror and Danger of His Majesty’s Subjects, the Inhabitants of this Island; Be it therefore Enacted by the Authority aforesaid, That if any Slaves, being of the Age of Twelve Years, or upwards, shall hereafter absent or run away in any Number or Gang amounting to Ten in Number, or upwards, and shall continue run away, or absent from their Duty as aforesaid, for Ten Days or more, then One of the said Slaves, such as the Justices shall think the greatest Offender, shall suffer Death as a Felon.
[Clause V.] And be it further Enacted by the Authority aforesaid, That if any Person or Persons, either free or Slave, shall kill in Pursuit, or take and apprehend alive, any Slave or Slaves, who hath or have been absent from the Service of his, her, or their Owner, Renter, or Employer, Three Months and upwards (after having been One Year in this Island, or having been One Year in America) such Person or Persons so taking or killing such Slave or Slaves in Pursuit shall receive Three Pounds lawful Money of this Island for every Slave so killed, and Six Pounds like Money for every Slave so taken alive, so as the said Slave so taken alive be convicted of the Crime of running away, and the Treasurer of this Island, or his lawful Deputy, are hereby authorized, required, and empowered to pay the last-mentioned Rewards, upon due Proof made before a Magistrate of this Island of such Slave or Slaves being killed, or upon Conviction of the Slave or Slaves being taken, and a Certificate made of such Killing or of such Conviction, under the Hand of any Justice of the Peace of this Island, before whom Proof of such Killing was made on the Trial of the Slave had.
[Clause VI.] And be it further Enacted by the Authority aforesaid, That every Person or Persons who shall have any Slave guilty of running away punishable by Death within the Meaning of this Act killed in Pursuit, or that shall be taken, convicted, and suffer Death for running away, shall receive out of the public Treasury of this Island the Value of the Slave killed, to be settled by the Oaths of Two credible White Persons, being Freeholders or Leaseholders that knew the Slave (if killed) to be sworn before some Justice of the Peace of this Island; and such Oath and Value to be certified by the Justice of the Peace before whom taken, and his Hand and Seal, so as the same does not exceed Sixty Pounds Current Money of this Island.
[Clause VII.] And be it further Enacted by the Authority aforesaid, That after any Slave or Slaves is or are run away from his, her, or their Owner, Renter, or Employer’s Service, every other Slave, knowing of such running away, who shall entertain, harbour, receive, or conceal, or any otherways assist, comfort, afford, or give any Sustenance to such Slave or Slaves so run away, shall upon Conviction thereof, before One Justice of the Peace, for any such Offence be publicly whipped upon the bare Back with any Number of Stripes, at the Discretion of the Justice, not exceeding Fifty; and if, any Free Person or Persons shall entertain, harbour, receive, conceal, or anyways did assist, comfort, afford or give Sustenance to any such Slave or Slaves, such Person or Persons, for the First Offence, shall forfeit Ten Pounds Current Money of this island, and for the Second Offence Twenty Pounds Current Money, and for the Third Offence Fifty Pounds like Current Money, and shall be liable besides to be prosecuted, and pay to the Owner, Renter, or Employer of such Slave or Slaves the Sum of Twenty Shillings Current Money for every Day he, she, or they shall so entertain, harbour, receive, or conceal such Runaway Slave or Slaves; and if such Free Person or Persons cannot immediately pay the Fines hereby imposed for entertaining Runaway Slaves, he, she, or they shall be imprisoned in the Common Gaol of this Island, in lieu of the Fine, for the First offence Three Months, for the Second Offence Six Months, and for the Third Offence Twelve Months, unless the Person or Persons offending shall redeem him, her, or [3] themselves, by paying the Fine, and all Costs and Fees due, over and above the Twenty Shillings per Diem.
[Clause VIII.] And it is hereby Enacted by the Authority aforesaid, That all Slave or Slaves guilty of any Capital Offence shall be tried and adjudged by any Two Justices of the Peace, and where condemned and suffer Death shall be appraised in like Manner by two credible White Persons, being Freeholders or Leaseholders, the One to be chosen by the Owner, Renter, or Employer of such Slave or Slaves, and the other by the Justices; provided always, that the said Justices who shall sit on such trial shall give Forty-eight Hours Notice thereof to the Owner, Renter, or Employer of such Slave or Slaves so to be tried; and if the Justices before whom any Slave or Slaves is or are to be tried cannot agree in their Judgment, then they may and shall immediately call a Third Justice of the Peace to their Assistance, and the Case shall be determined by the Agreement of any Two of them; and in all Trials of a Slave or Slaves, the Justice or Justices shall and may hear the Evidence of any other Slave or Slaves, and give such Credit thereto as the Justice or Justices shall think in Conscience it deserves.
[Clause IX.] And that the Magistrates of this Island may not refuse or neglect, on Application made, to sit, hear, or determine Cases of Slaves charged with running away for such a Space of Time as amounts to a Felony by virtue of this Act, or with any other Felonies, by which Means the Laws may be rendered ineffectual, and Slaves grow more insolent and ungovernable, Be it therefore further Enacted by the Authority aforesaid, That if any Justice or Justices of the Peace in this Island shall refuse or neglect, upon Application to him or them made, immediately take and use proper Means for the Trial of any Slave or Slaves, and effectually to finish such trial in Ten Days after having examined the proper Witnesses, for any Felony committed by, or Charge upon, any Slave or Slaves whatsoever, either running away, or absenting from his, her, or their Owner, Renter, or Employer’s Service, or otherwise, or any other Crimes whatsoever charged on them, each such Justice shall forfeit Twenty Pounds Current Money of this island, to be recovered by Action, Bill, Plaint, or Information, in any of the Courts of Record within this island, or by Indictment or Information before Justices of Oyer and Terminer and Gaol Delivery, or Justices of Peace at their Sessions, One Moiety to the Prosecutor or Informer, and the other Moiety to His Majesty, His Heirs and Successors, to be paid into the public treasury of this island, for the public Uses thereof, and the Party prosecuting shall recover his full Costs of Suit; and in such Action, Bill, Plaint or Information, no Essoign or Wager of Law shall be allowed.
[Clause X.] And, for the more ready apprehending any Slave or Slaves run away, Be it further Enacted by the Authority aforesaid, That it shall and may be lawful for the Owner, Renter, or Employer of any Slave or Slaves, or any other Person by his Directions and in his Aid, having a Warrant from a Magistrate, to enter any Negro House or Houses belonging to any Person or Persons, and upon Refusal of opening the Doors of any Negro House or Houses, by Day or by Night, to search for any such Runaway Slave or Slaves, then to break them open, having first given Notice to the Owner, Renter, Manager, or Overseer of the Plantation, if any such thereon living, and then at Home, or else to any other White Person being there, otherwise to proceed to make such Search without Notice; and if any other Person or Persons whatsoever, either Owner, Renter, Manager, Overseer, or any other White Person, of or on any Plantation, shall hinder, threaten, oppose, or deter any Person or Persons giving Notice as aforesaid from making Search in his, her, their, or any of their Negro Houses for any Runaway Slave or Slaves, such Person or Persons shall pay and forfeit each for every such Offence a Fine not exceeding Ten Pounds, nor under Five Pounds, Current Money of this Island, to be recovered as hereinafter directed; and further, if any Person or Persons shall make a Search, or aid or assist in making such Search, without first giving Notice, where any White Person is on the Plantation where such Search shall be made, according to the Tenor and Direction of this Act, or shall, under Colour of such Search, beat, abuse, wound, or hurt any Slave or Slaves, without just Cause, the Offender or Offenders each shall forfeit any Sum not exceeding Ten Pounds, nor under Five Pounds Current Money, besides being liable to an Action of the party injured for Damages; and if Application before a Warrant obtained to be made by the Owner, Renter, or Employer of any runaway Slave or Slaves, or any other Free Person for him or her, to the Owner, Renter, or Manager of any Plantation in the Country, or House in Town, to search or cause to be searched to Negro House belonging to such Plantation or House in Town, for any such Runaway Slave or Slaves as he or she may have received Information is or are there harboured, concealed, or entertained, such Owner, Renter, or Manager of such Plantation or House in Town, shall immediately make diligent Search, or cause such diligent Search to be made in the Negro House, and other suspected place in the said Plantation, or to the said House in Town belonging, for such Runaway Slave or Slaves; and upon Proof of the Refusal to make such Search, or to cause such Search to be made, the party so refusing shall forfeit in manner aforesaid: Provided always, that before such Forfeiture be incurred, the Owner, Renter, or Employer of such Runaway Slave or Slaves, shall make Oath before some Justice of the peace, that he did actually receive such Information, and that there was probable Cause to suspected that it might be true, the Penalties to be incurred by virtue of this Clause to be recovered before any Two Justices of the Peace, by Warrant of Distress, as mentioned, expressed, and directed in the Fourth Section of this Act.
[Clause XI.] And be it further Enacted by the Authority aforesaid, That if any Slave or Slaves shall be taken out of the Plantation to which such Slave or Slaves belong, with any Fire-arms, cutlasses, Swords, Pikes, and Lances, or other hurtful Arms, Sticks, and Ferrils, or large Clubs, not having a Ticket from the Owner, Renter, or Employer of Such Slave or Slaves, or from the Manager of such Plantation, for carrying the same, or not being in Company under the Direction of a White person sent along with such Slave or Slaves, any Free person under the Direction of a White Person sent along with such Slave or slaves, any Free person may seize such Slave or Slaves with Arms and Weapons alone, and carry such Slave or Slaves and Arms, or Arms only, before a Justice of the Peace, and the Justice shall order the Arms to be forfeited, and the same are hereby declared to be forfeited to the Person or Persons that shall have seized the said Slave or Slaves, or Arms, and the Justice shall order such Slave or Slaves to be publicly whipped, and to be kept in Custody until the usual Fee for whipping be paid; but if there was a Ticket duly given for carrying the said Arms and Weapons, and the same Ticket be lost, or was taken from such Slave or Slaves, or the Slave or Slaves being attendant that Day on his or their Owner, Renter, or Employer, then upon Oath thereof made by the Owner, Renter, Manager, that such Ticket was so given, the Arms shall again be restored to the Owner, Renter, manager, or Employer of such Slave or Slaves, if it shall appear to such Justice that such Arms and Weapons were necessary.
[Clause XII.] And be it further Enacted by the Authority aforesaid, That if any Person whatsoever shall hereafter sell, barter, or give to any Slave or Slaves any Fire-arms, Cutlasses, or other offensive Weapons, Gunpowder, or any other Kind of Ammunition, without a Ticket from the Owner, Renter, or Employer of such Slave or Slaves, he, she, or they shall forfeit the Sum of Fifty Pounds Current Money of this Island to His Majesty, His Heirs and Successors, for the public Uses of this Island, to be recovered by Bill, Plaint, or Information, in any Court of Record in this Island.
[Clause XIII.] And be it, and it is hereby Enacted by the Authority aforesaid, That if the Provost Marshal of this Island, or his lawful Deputy, or any Constable, shall refuse or neglect to do their respective Duties pursuant to this Act, he or they shall each forfeit Twenty Pounds Current Money of this Island for each Offence, to His Majesty, His Heirs and Successors, for the public Uses of this Island, to be recovered by any Action of Debt, Bill, Plaint, or Information, wherein no Essoign, Protection, or Wager of Law shall be allowed.
[Clause XIV.] And be it further Enacted by the Authority aforesaid, That no Slave or Slaves whatsoever shall be prevented from bringing of any Garden Produce or other Provisions, the Produce of the several Plantations, into the Markets and Towns in this Island, on Sundays, holidays, or any other Days, provided they have Tickets of Leave to sell the same from their Owners, Renters, Managers, and Employers; but that no Slave or Slaves, on any Pretence whatsoever, with or without Leave of his or their Owner, Renter, Manager, or Employer, be permitted to sell or dispose of any Coffee, Cocoa, Canes, Sugar, Rum, Molasses, or Cotton; but if any Slave or Slaves shall offer any or either of the before-mentioned Produce for Sale, the same may be seized by any Person or Persons, and carried to any Justice of the Peace, who shall confiscate the same to the Use of the Poor, provided the same be not stolen, and not claimed in Ten Days, and order such Slave or Slaves to be whipped or put into the Stocks, as he shall judge proper.
[Clause XV.] And be it Enacted by the Authority aforesaid, That every Owner, Renter, or Employer of any Slave or Slaves shall feed or cause to be fed all such Slave or Slaves as shall be under his, her, or their Care, with a sufficient Quantity of good and wholesome Food, and shall not allow them One Day in every Week in lieu thereof, under the Penalty hereinafter mentioned, and shall give them good and sufficient Cloathing once every Year, and shall be obliged to take Care of all old and infirm Slave or Slaves, and particularly such as have incurable Diseases, or any Way distempered; and if any Owner, Renter, Manager, or Employer of any Slave or Slaves shall neglect to feed and cloath his, her, or their Slave or Slaves, or allow such Day in the Week as aforesaid in lieu of Food, or shall neglect to take Care of such old, incurable, or distempered Slave or Slaves, he, she, or they shall for every such Offence forfeit the Sum of Twenty Pounds, to be recovered by Warrant, as in the Third Clause of this Act.
[Clause XVI.] And whereas it is a common Practice for Negroes and other Slaves to meet in great companies in the several Towns and other Places in this Island on the Lord’s Day, feasting, drinking, dancing, and gaming, from which may Quarrels and Disturbances arise; Be it therefore Enacted by the Authority aforesaid, That on every Lord’s Day, and Holidays hereafter mentioned, the Constables of the several Towns, and of the respective parishes in this Island, are hereby required and directed to go into the several Market Places in the said Towns or other Places, at the Hour of Two o’Clock on every Sunday and every such Ho-[5]liday, and cause all such Slave or Slaves as shall be then in the said Markets or other Places immediately to depart to his, her, or their respective Houses, and if any Slave or Slaves shall refuse to obey the Orders of any Constable, such Constable is hereby authorized to put such Slave or Slaves into the Stocks, or other Place of Confinement, and to carry him, her, or them the next Morning before any Justice of the Peace, which said Slave or Slaves shall be publicly whipped at the Discretion of such Justice, and in like Manner the Constables are to act with respect to all such Slave or Slaves as shall be found on Sundays and such Holidays in any Part of the said Towns or elsewhere, feasting, drinking, dancing, gaming, quarrelling, or fighting, and in like Manner the said Constables are to act with respect to such Slave or Slaves that shall be found in the said Towns any Time in the Week after Nine o’Clock at Night, without a Ticket from his, her, or their Owner, Renter, Manager, or Employer; and all Freeholders and Leaseholders in this Island are hereby empowered and required to disperse all such Slave or Slaves as shall be found rioting as aforesaid.
[Clause XVII.] And be it Enacted by the Authority aforesaid, That any Slave or Slaves who shall presume wilfully to strike, or attempt to strike any White Persons, under any Pretence whatsoever, unless in the lawful, immediate, and necessary Defence of his, her, or their Owner, Renter, Manager, or Employer’s Person, shall suffer Death, or lose his, her, or their Right Hand, at the discretion of Two Justices of the Peace; and in like Manner shall any Slave or Slaves be punished that shall be guilty of Murder, or grossly insulting, or attempting to strike his or her Owner, Renter, Manager, or Employer; or, being guilty of any Robbery or Stealing, where the Thing or Things so robbed or stolen shall amount to the Sum of Five Pounds currency, and upwards, and where the Value of the Thing or Things robbed or stolen do not amount to Five Pounds, the Offender or Offenders is and are to be publicly whipped, or imprisoned in the Common Gaol, at the Discretion of any One or more Justice or Justices of the Peace in this Island: Provided always, That any Slave or Slaves who shall break open any House, Outhouse, or Store, or rob or attempt to rob on the Highway, shall suffer Death as a Felon, or such other Punishment as the Justice or Justices shall direct.
[Clause XVIII.] And whereas very many Inconveniences have arisen to several of the Inhabitants of this Island, by the Number of Holidays that are allowed the Slaves; Therefore, to prevent such Inconveniences, Be it Enacted by the Authority aforesaid; That the Slaves of this Island shall have the following Holidays (and no other); that is to say, Christmas Day and the Day after, Good Friday and the Fifteenth Day of August, in every year; and if any Owner, Renter, Manager, Employer of any Slave or Slaves, shall permit his, her, or their Slave or Slaves to take any other Holidays than these hereby allowed, by permitting them to go off their respective Plantation, he, she, or they shall, for every such Offence, forfeit Five Pounds Current Money, to be levied by a Warrant to any Constable, from any Justice of the Peace, on such Offender’s Effects, to be paid into the public Treasury, for the public Uses of this Island; but if sufficient Effects cannot be found, then the said Offender’s Person is to be arrested and committed to gaol for the Space of Ten Days, unless in the mean Time he, she, or they pays the aforesaid Fine of Five Pounds for the aforesaid Uses.
[Clause XIX.] And be it Enacted by the Authority aforesaid, That whatsoever Owner, Renter, Manager, or Employer of any Plantation or House in Town in this Island, being therein or thereupon resident, and not being absent from his, her, or their Plantation or House in Town, and when none such are on the Plantation, or in his, her, or their House in Town, then, if any such Manager or Overseer of such Plantation, or person having the Charge of such House in Town, being at Home, and the Owner, Renter, or Employer happens to absent from Home, shall suffer any Slave or Slaves to beat any Drum or Drums, or empty Casks or Boxes, or great Gourds, or to blow Horns, Shells, or loud Instruments, for the Diversion or Entertainment of Slave or Slaves in his, her, or their Plantation, House, or Yard, who do not suppress the same immediately on the setting of the Sun, knowing such Bearing on Drums or empty Casks or Boxes, or great Gourds, or blowing Horns, Shells, or loud Instruments actually to be, or shall suffer any Slave or Slaves belonging to other Persons or Plantations to assemble on his, her, or their Plantation, or in his, her, or their Houses or Yards in Town, after the setting of the Sun, knowing such Assembly actually to be, and thereof shall be convicted, such Owner, Renter, Manager of a Plantation, or Owner, Renter, or Occupier of a House in Town, shall forfeit and pay, for the First Offence, the Sum of Forty Shillings Current Money of this Island, for the Second Offence Ten Pounds Current Money, and for the Third offence Twenty Pounds like Current Money; one Moiety thereof to the Prosecutor or Informer, and the other to His Majesty, His Heirs and Successors, for the public Uses of this Island; the First and Second Offence to be heard and determined by any Two Justices of the Peace, and, on Forfeiture, to be levied by Warrant of Distress, as before directed; and the Third Offence to be heard and determined by any Court of Records in this Island, by Action, Bill, Plaint, or Information, wherein no Essoign, Protection, or Wager of Law shall be allowed.
[Clause XX.] And be it further Enacted by the Authority aforesaid, That any Person or Persons, either Free or Slave, carrying off, or attempting to carry off this Island of Dominica, any Slave or Slaves, without Leave of the Owner or Renter of such Slave or Slaves, on Conviction thereof, if a free Person, shall be, and is hereby declared to be guilty of Felony, and shall suffer Death as a Felon, without the Benefit of Clergy, and if a Slave or Slaves, on Conviction thereof before any Two Justices of the Peace, such Slave or Slaves shall be and is hereby declared and adjudged guilty of Felony, and shall suffer Death as a felon
[Clause XXI.] And be it Enacted by the Authority aforesaid, That the Provost Marshal, or his lawful Deputy, shall receive all Runaway Slave or Slaves brought to him into his Custody, and shall pay the Apprehender or Apprehenders of such Slave or Slaves the Rewards and Mile Money specified in the Third Clause of this Act, provided the Owner or Owners, Renter or Renters of such Slave or Slaves is or are not known to the Apprehender or Apprehenders; and the said Provost Marshal, or his lawful Deputy, it to keep the said Slave or Slaves in safe Custody, and shall immediately published him, her, or them, in the public News-papers of this Island, for Six Successive Weeks, describing, as near as may be, the Name, Age, Size, Complexion, or any other external Mark, whereby he, she, or they may be the more readily known, together with the Country of the said Slave or Slaves, if the Knowledge thereto be attained; and shall also immediately, in a List on the Outside of the Door of his Office, insert the Names, Age, Size, Complexion, external or Country Marks, as above expressed; and in case the Provost Marshal, or his lawful Deputy, fail in performing the several Matters in this Clause required, he shall forfeit and pay the Sum of Five Pounds Current Money of this Island for every such Neglect to the Informer or Person injured through his Neglect or Refusal, and all Gaol Fees and other Charges thereon, such Penalties to be recovered before Tow Justices of the Peace, and to be levied by Distress, as before directed; and if the said Slave or Slaves thus advertised is or are not claimed within Three Months from and after the Day on which he, she, or they were delivered into the Hands of the Provost Marshal, or his lawful Deputy, it shall and may be lawful for the said Provost Marshal, or his lawful Deputy, and he is hereby required to sell the said Slave or Slaves at public Outcry; and the Monies arising from such Sale, after deducting of the several Charges and Gaol Fees, shall be returned to the Owner or Owners, Renter or Renters of such Slave or Slaves, or, for Want of such Owner or Owners, Renter or Renters appearing, then to be deposited in the hands of the Treasurer of this Island for the Time being, to remain to the Use of the public, till the Owner or Owners, Renter or Renters shall appear; but in case any Runaway Slave or Slaves should die in Gaol, the Fees shall then be charged by the Marshal to the Public of this Island.
[Clause XII.] And whereas it is generally known that great Abuses and dangerous Consequences have resulted from a Practice of many of the Inhabitants, both in Town and Country, in selling Rum and other spirituous Liquors to Slaves without a Permission from their Owners, Renters, Managers, or Employers: For Remedy thereof, and for preventing the same, Be it and it is Enacted by the Authority aforesaid, That from and after the Publication of this Act no Planter or other Inhabitants whatsoever, by himself, or any Slave or other Person or Persons for him, her, or themselves, either in Town or Country, and no other Person or Persons keeping a Tippling House, or retailing of Spirituous Liquors, shall sell, give, or barter Wine, Rum, or other Spirituous Liquors, mixed or unmixed, be the Quantity ever so small, to or with any Slave or Slaves, without Permission from under the Hand of the Owner, Renter, Manager, or Employer of such Slave or Slaves, under the Penalty of Five Pounds Current Money of this Island for each Offence, to be recovered before any Justice of the Peace of this Island, as in Cases of reward to Apprehenders taking Runaway Slaves, hereinbefore provided for, the said Forfeiture to be applied wholly to the Use of the Informer; and that no Person or Persons shall, on any Pretence whatsoever, give Credit to any Slave or Slaves, on Forfeiture of all such Debt or Debts.
[Clause XIII.] And be it Enacted by the Authority aforesaid, That in case any Slave or Slaves shall maim or wound any other Slave or Slaves, the Damage sustained shall be valued by any Two Justices of the Peace for this Island, and the same shall be paid by the Owner or Owners, Renter or Renters of the Slave or Slaves who shall so maim or wound the other Slave or Slaves, to the Party or Parties injured, except such Slave or Slaves so wounding or maiming shall do the same in his, her, or their own Defence, or in the Defence of his, her, or their Owner, Renter, or manager’s Person, provided such Damage does not exceed the Sum of Thirty Pounds Current Money of this Island on any One Slave so wounded or maimed.
[Clause XIV.] And be it Enacted by the Authority aforesaid, That in case any Slave or Slaves shall wilfully kill another Slave or Slaves, and thereof convicted, the Value of the Slave or Slaves so convicted shall be paid out of the public Treasury of this Island, One Moiety to the owner or Owners, Renter or Renters, of the Slave or Slaves convicted, and the other Moiety to the Owner or Owners, Renter or Renters, of the Slave or Slaves killed, so as the Value of any One Slave does not exceed Sixty Pounds Current Money, the Value to be ascertained by the Two Magistrates who shall try such offending Slave or Slaves.
And be it further Enacted by the Authority aforesaid, That if any Person or Persons shall wilfully kill any Slave or Slaves, and thereof convicted, he, she, or they, shall forfeit to His Majesty, his Heirs and Successors, any sum not exceeding Three hundred Pounds, nor less than One hundred Pounds Current, for every such Slave so wilfully killed, to be paid into the public Treasury of this Island, for the public Uses thereof, and also suffer Twelve Months close Imprisonment, without Bail or Mainprize; and if the Slave or Slaves so wilfully killed as aforesaid belong to any other Person or Persons than the Murderer or Murderers, the Value of such Slave or Slaves shall be paid by the Murderer or Murderers to the Owner or Owners, Renter or Renters of such Slave or Slaves, to be levied on his, her, or their Effects, by Warrant of Court, immediately upon Conviction; but if such Murderer or Murderers have not Effects sufficient to pay the Value of such Slave or Slaves so murdered as aforesaid, then the Deficiency shall be made good to the Owner or Owners, Renter or Renters, of the Slave or Slaves murdered, out of the public Treasury of this Island, the Value of the said Slave or Slaves to be ascertained by any Two responsible Persons (best acquainted with the Value of the Slave or Slaves) upon Oath, under their Hands and Seals.
[Clause XXVI] And be it further Enacted by the Authority aforesaid, That no Person or Persons shall change any Gold for any Slave or Slaves, on any Pretence Whatsoever, without a Note from his, her, or their Owner, Renter, or Employer, under the Penalty of Ten Pounds Current Money of this Island, to be levied by Warrant from any Justice of the Peace of this Island on the Offender or Offenders Goods and Chattels, and to be applied One Half to His Majesty, His Heirs and Successors, for the public Uses of this Island, and the other Half to the Informer.
[Clause XXVII.] And be it further Enacted by the Authority aforesaid, That each and every of the Inhabitants of this Island shall, Four Times in every Year, to wit, in the First Week of January, First Week in April, First Week in July, and the First Week of October, in every Year hereafter, give in in upon Oath to any Justice of the Peace of the Parish he or she lives in, or the next resident Justice (which Oath such Justice of the Peace is hereby impowered and required to administer without Fee or Reward) a List of all their Runaway Slaves, mentioning their Names, Sizes, Ages, describing them by such external Marks as they shall happen to be acquainted with, in order that the said Slave or Slaves may be the better known, and the Time or Times when such Slave or Slaves absented themselves, under the Penalty of Five Pounds for each Neglect or Refusal to return or give in the said List of Runaway Slave or Slaves, as hereinbefore directed, to be recovered by Warrant of Distress from any Justices as aforesaid, One Half to the Informer, and the other Half to His Majesty, His Heirs and Successors, to be paid into the public treasury of this Island, and applied to the public Uses thereof; and the Justices are hereby required to return such Lists within Fourteen Days into the Marshal’s Office, and the Marshal is required to enter the same in a Book, to be by him kept for that Purpose only, and that for his Trouble he shall be entitled to receive Nine Pence per Head for each Runaway Slave so entered, from the Owner, Renter, or Employer of such Slave or Slaves, to be paid at each Time the said Lists shall be returned into the said Office.
[Clause XXVIII] And be it Enacted by the Authority aforesaid, That any Justice of the Peace may and is hereby impowered to grant a Permission, for such limited Time as he in his Discretion shall think fit, to any White or other Free Person or Persons as shall voluntarily offer him or themselves, together with a sufficient Number of trusty Slaves, by and with the Consent of their Owner, Renter, or Employer, to hunt the Woods and other Lurking Places in this Island, and there pursue, take, and secure all such Slave or Slaves as shall appear to them, or they may have Reason to suspect are Runaways, and it shall and may be lawful for such White or Free Persons to use and employ Muskets, Cutlasses, and other Weapons in hunting such Woods and other Lurking Places as aforesaid, and to fire upon, kill, or wound any Slave or Slaves appearing to them to be run away, who shall resist or refuse to surrender, being first required so to do; and the Owner or Owners, Renter or Renters, of such Slave or Slaves, shall not be entitled to recover any Damages of the Person or Persons so killing or wounding such Slave or Slaves, but such Slave or Slaves so killed shall be appraised and paid for as by the Sixth Clause of this Act is directed, and in like Manner shall any trusty Slave or Slaves of any Person or Persons that shall be killed or maimed in Pursuit of runaway Slaves be appraised and paid for by the Public aforesaid; and the Person or Persons so kill as aforesaid is and are hereby indemnified of and from any Fine, Forfeiture, or Punishment for so doing, unless it can be made appear that such Slave or Slaves so killed or wounded was or were known to the Person or Persons so killing or wounding not to be runaway, or that such Killing or Wounding was wantonly done, and that there was no Resistance, Refusal to surrender, or Cause whatsoever to render such Killing or Wounding necessary: Provided always, that the Power herein given to Justices to grant such Permission as aforesaid shall not be understood in anywise to interfere with the Rights and Prerogative of the Crown, or the Power of its Representative here; and it shall be understood, that all such Parties as shall act by a Commission or Warrant from the Representative of the Crown, or the Commander in Chief for the Time being, shall be vested with the same Powers, subject to the same Restrictions, and entitled to the same Indemnities, as those authorized to act by the Justice of the Peace.
[Clause XXIX.] And whereas the compelling of Free Mulattoe Men and other Free person or Persons, Male Descendants of Negroes, to go in Pursuit of Runaway Slaves, might greatly tend to the effectual Suppression of Runaway Slaves: Be it therefore Enacted by the Authority aforesaid, That from and after the Publication of this Act, the Commander in Chief, or President of the Council for the Time being, by and with the Consent of the Council, may at any Time or Times hereafter order a Detachment or Detachments of Free Mulattoes and Free Negroes, or any Free Person or Persons, as the said Commander in Chief, or President of the Council for the Time being, shall think proper to appoint, to go in Pursuit of Runaway Slaves, who shall be vested with the same power and Authority to take and kill any Runaway Slave or Slaves as Persons are by virtue of the Fifth Clause of this Act; and if any Slave or Slaves be killed in Pursuit, he, she, or they shall be paid for as by the Sixth Clause of this Act is directed.
[Clause XXX.] And be it Enacted by the Authority aforesaid, That it shall and may be lawful for the Commanding Officer or Officers of any such Detachment or Detachments to search all or any Negro House or Houses for any Runaway Slave or Slaves; and if any Person or Persons shall obstruct such Officer or Officers in the making such Search, such Person or Persons, on Conviction of such Offence by the Oath of One credible Witness, being a White person, before One of His Majesty’s Justices of the Peace, shall forfeit the Sum of Ten Pounds Current Money, and the said Justice of the Peace is hereby directed and enabled to commit any such Offender or Offenders to the public Gaol of this Island until the said forfeiture is paid to the Justice of the Peace, who is hereby ordered and directed to pay the same into the public Treasury of this Island, to be applied to the public uses thereof; and that all such Runaway Slave or Slaves as shall from Time to Time be taken by such Detachment or Detachments shall be delivered to the Provost Marshal, or his lawful Deputy, as by the Third Clause of this Act is directed; and such Detachment or Detachments shall, over and above their Wages hereinafter mentioned, be entitled to the several Rewards in the said Third Clause specified, to be divided in Manner following; (that is to say) One Fourth to the First in Command, and the Remainder shall be divided amongst the Private Men, Share and Share alike.
[Clause XXXI.] And be it further Enacted by the Authority aforesaid, That the Commander in Chief, or President of the Council for the Time being, by and with the Advice and Consent of His Majesty’s Council, may appoint Two Officers, who shall be White Persons, and not Descendants of Negroes, to each Detachment, to consist of not less than Ten of such Free Mulattoes, Free Negroes, and other Free Persons, the Male Descendants of Negroes aforesaid; and such Officers so appointed shall have and receive, the First in Command of such Detachment the sum of Twelve Shillings Currency, and the Second in Command the sum of Nine Shillings Currency, for every Day he or they shall be in actual Service, and every one of the said Free Mulattoes, Free Negroes, and other Free persons, the Male Descendants of Negroes, who shall actually serve in such Detachment or Detachments, shall have and receive each the Sum of Three Shillings for every Day of such actual Service, to be paid out of the public Treasury of this Island.
[Clause XXXII.] And be it enacted by the Authority aforesaid, That all Free Mulattoe Men, or other Free Persons, Male Descendants of Negroes, who shall neglect or refuse to serve under such Officers, each and every of them, so neglecting or refusing to serve as aforesaid, shall be subject and liable to a Fine, not exceeding Ten Pounds Current Money, to be recovered before any Two Justices of the Peace, who are hereby authorized and required to issue their Warrant to any Constable to levy the same on the Goods and chattels of the Person so refusing or neglecting, and on Failure of sufficient Goods and Chattels to pay the Fine, the said Justices are hereby authorized to commit the Delinquent to the Common Gaol of this Island, for any Time not exceeding One Month.
[Clause XXXIII.] And, that all such Free persons may be know, Be it enacted by the Authority aforesaid, That all Free Mulattoes, Free Negroes, and all other Free persons, Descendants of Negroes, in this Island, both Men and Women, from the Age of Twelve Years and upwards, not having already registered their Manumissions or Certificates of Freedom in the Register’s Office of this Island, be and are hereby obliged to register their Names, Freedoms, or if [9] born free, Certificates thereof, and Places of Abode, and his, her, or their particular Trade or Calling, by which he, she, or they get his, her, or their Livelihood, in the Register’s Office of this Island, within Three Months after the Publication of this Act, under the Penalty of Five Pounds Current Money, to be recovered before any One Justice of the Peace, who is impowered to commit the Offender to the Common Gaol of this Island until the said Penalty be paid, or until he, she, or they shall produce his, her, or their several Freedoms, or Certificates of Freedom, otherwise he, she, or they shall be deemed Runaway Slave or Slaves, and sold by the Provost Marshal as such, as directed by the Twenty-first Clause of this Act; and every Manumitted or Free person, from the Age of Twelve Years and upwards, who shall hereafter arrive in this Island, shall, in One Month after their Arrival, conform themselves to this Act, the same as Residents at the Time of the Publication thereof.
[Clauses XXXIV.] Provided always, and be it Enacted by the Authority aforesaid, That no Free Mulattoe Men, Free Negro Men, or other Free Man, the Descendant of a Negro, shall be compelled, by virtue of this Act, to serve any longer Time than the Space of Eight Days at any one Time, and not more than the Space of Three Months in the Year, and they shall be sent out in Rotation; and every Free Mulattoe Woman, Free Negro Woman, or Free Mustee Woman, keeping a House or Shop in this Island, and not having a Husband or Son residing with them, who can do Duty as aforesaid, shall in their respective Turns find and provide a proper person to go on such Detachments, or in Default thereof shall forfeit and pay, for the Time such Detachments are on Duty, the Sum of Three Shillings Current Money per Day, to be recovered by a Warrant, as in and by the Third Clause of this Act; and the said several Commanding Officers of such Detachments are to keep a List of all such Mulattoe and Negro Men and Women, and of all other Free Persons whatever, being Descendants of Negroes, and to present the same to the Commander in Chief or President of the Council for the Time being, or in order that such Free People, Descendants of Negroes, may in the several Turns do Duty, or cause it to be done, according to the true Intent and Meaning of this Act.
[Clause XXXV.] And be it Enacted by the authority aforesaid, That from and after the Publication of this Act, it shall and may be lawful for any White Person or persons to take up any Slave or Slaves that may be found at Sea in any Boat, Petit Augre, or Canoe, without a White or Free Person being in such Boat, Petit Augre, or Canoe, or without having a Ticket from his, her, or their Owner or Owners, Renter or Renters, or from any Person or persons having proper Authority to grant such Ticket, such Slave or Slaves shall be treated as Runaways, and the Apprehender or Apprehenders of such Slave or Slaves shall be entitled to the same Rewards as are specified in the Third Clause of this Act for bringing in Runaway Slaves.
[Clause XXXVI.] And be it Enacted by the Authority aforesaid, That all Actions or Prosecutions for the Recovery of Fines, Forfeitures, or Penalties incurred by virtue of this Act, shall be brought within Four Months after the Cause of Action or Prosecution shall arise.
[Clause XXXVII.] And be it also further Enacted by the Authority aforesaid, That all Fines and Forfeitures incurred by virtue of this Act, the application of which has not been already directed, shall be to His Majesty, His Heirs and Successors, to be paid into the public Treasury of this Island for the public Uses thereof.
[Clause XXXVIII.] And be it also further Enacted by the Authority aforesaid, That in every Action, Suit, Indictment, Information, or Prosecution, wherein any Person or Persons so, or prosecuted, may plead the General Issue, and give this Act in Evidence in any Court of Record within this Island; and if there be a Verdict for such Party or Parties sued or prosecuted, the Prosecutor or Prosecutors shall pay Treble Costs; and this Act shall be deemed a Public Act, and all Judges, Justices, and Juries are hereby required to take Notice thereof accordingly; and this Act shall be and remain in full Force and Virtue for Seven Years from the Publication thereof, and from thence to the next Meeting of the Council and Assembly of this island.
JNo NELSON, Speaker
Passed the House of Assembly this Sixteenth Day of August, in the Year of our Lord One thousand Seven hundred and Seventy-three, and in the Thirteenth Year of His Majesty’s Reign. JNo Gray, Clerk to the Assembly.
Passed the Council this Eighteenth Day of August, in the Year of our Lord One Thousand Seven Hundred and Seventy-three, and in the Thirteenth Year of His Majesty’s Reign. AUG. GOUJON, Acting Clerk of the Council.
Assented to by his Honour the Lieutenant Governor and Commander in Chief, this twentieth Day of August, in the Year of our Lord One Thousand Seven hundred and Seventy-three, and in the Thirteenth Year of His Majesty’s Reign. WILLIAM STUART.
By his Honour’s Command, DAVID POLSON
Duly published in the Town of Roseau, this 23d Day of August, 1773. AUG. GOUJON, D.P.M.
Recorded and examined this 23d Day of August, 1773.
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