An Act for ascertaining the number of White persons, Free persons of Colour, and Slaves in this Island.

WHEREAS it is highly necessary and expedient that the number of white persons, free persons of colour, and slaves in this Island should be known, we therefore, your Majesty’s loyal and obedient subjects, the commander in chief, the council and assembly of this Island of Dominica, do humbly pray your most excellent Majesty, That it may be enacted; and be it and it is hereby enacted by the authority aforesaid, That the town-wardens for the town or Roseau, and the way-wardens for the respective parishes and districts, are hereby appointed commissioners for the said town and their respective parishes and districts, for performing the duties hereinafter directed and required of them.

Clause 2d. And be it enacted by the authority aforesaid, That the said commissioners are hereby empowered and required to issue their warrant in their respective districts, within thirty days after the publication of this Act, and on the second Tuesday in the month of January in every succeeding year, under the penalty of fifty pounds, to be recovered in manner hereinafter mentioned, directed to any constable, or white person or free person of colour resident within their said districts, in the following form; viz. “Dominica. By commissioners appointed for ascertaining the number of white persons, free persons of colour and slaves in this Island, To [blank] you are hereby required and commanded immediately on the receipt hereof, to summon all and every the inhabitants in the [blank] of [blank] to appear before us at [blank] in the [blank] day of [blank] in the year of our Lord one thousand eight hundred and [blank] then and there to deliver in on oath, and in writing, a correct list of his her or their  families and slaves, both old and young, with their names; as also a separate list of the runaway slaves, specifying their names, ages, sexes, and the time they may have been absent. Given under our hands and seals this [blank] day of [blank] in the year of our Lord one thousand eight hundred and [blank]

and any constable or other white person or free person of colour, who shall execute such warrant, shall be entitled to receive the same for, and shall be paid in the same manner as constables are directed to be paid for summoning the inhabitants under the Way Warden Act of this Island, and if they shall neglect or refuse to perform the duty above enjoined by this Act, they shall be subjected and liable to the same penalties and forfeitures to which constables are liable for neglecting the duties enjoined them by any other Act of this Island.

Clause 3. And be it enacted by the authority aforesaid, That in case the commissioners shall deem it necessary for the more effectually executing the duties hereby prescribed to them, they are further authorized and required to summon all managers, overseers and others, to whom the truth may be known, to attend at such time and place as the commissioners may appoint, to be examined on oath regarding the number of slaves belonging to any individual or attached to any estate, or any other matter relative to the duties prescribed to the said commissioners, and the persons so summoned shall be liable to attend the said commissioners, under the penalty of five pounds, to be levied by a warrant under the hands of the said commissioners, as other penalties are directed to be levied under this act.

Clause 4th. And be it enacted by the authority aforesaid, That any white person or free person of colour, or any attorney, manager, superintendent, or other person having charge or direction of any slave or slaves, who shall neglect or refuse, after having been duly summoned as aforesaid, and proof thereof having been made on oath by the person serving the warrant, to appear before the said commissioners, or some or one of them, at the place and time by them appointed, and then and there to deliver in on oath and in writing (which oath the said commissioners, or any of them, are hereby authorized and required to administer) a full and correct account of all of his her or their families, servants and slaves, and all slaves under their direction, management or superintendence, with the names of all such families servants and slaves, and also a separate list of the runaway slaves, specifying their names, ages, sexes, and the time they may have been absent; such white person or free person of colour, or such attorney, manager or superintendent shall be fined in the sum of fifty pounds, to be immediately levied in the manner hereinafter directed; and in case such white person, free person of colour, attorney, manager or superintendent, shall continue to neglect or refuse to deliver in such account of his her or their families and slaves, and those under their directions or management, and also a separate list of the runaway slaves as aforesaid, the commissioners shall cause them to be again summoned as hereinbefore directed, and shall again levy the said penalty, and so on, until the person so neglecting or refusing, shall have delivered to the commissioners, or some or one of them, the account and list herein directed; and such penalty may be levied either on the proper goods or chattels of the person neglecting or refusing, or on any slaves under his her or their direction, management or superintendence, which shall not have been returned to the said commissioners. 

Clause 5th. And be it enacted by the authority aforesaid, That the commissioners, in taking the said account and list, in making their return, shall make use of the following form, Number of White Persons, free persons of Colour, and Slaves in the [blank] of [blank] taken in conformity to the Act for ascertaining the number of white persons, free persons of colour, and slaves in this Island.

Clause 6th. And whereas many persons have heretofore made returns of the families and slaves to the commissioners, for other parishes and districts than those in which such slaves are generally employed, be it enacted by the authority aforesaid, That all persons shall deliver unto the said commissioners for the district or parish in which such slave or slaves are generally employed, such complete lists of his her or their families and slaves as are herein directed, and in no other parish or district, under the same penalty as if he she or they had not delivered in any such list or return.

Clause 7th. And whereas, from many persons having lands and negroes in different parishes, they make separate returns of their families and slaves in these different parishes, whereby they are enabled to evade the provisions of the militia act, which orders that all persons shall enrol themselves and do duty in the regiment or company of the parish in which they generally reside; be it enacted by the authority aforesaid, That the commissioners appointed under this Act are hereby directed and required to tender to every white man and free man of colour the following oath: “I, A.B. do make oath, that my residence, and that of [all or, such part, as the case may be] the male part of my family named in my return thereof, is in the parish of [blank] So help me God.” And be the commissioners for each parish or district are hereby desired and required, within thirty days after taking such oath, to return to the officer commanding the militia in such parish or district the names of all white men and free men of colour, who shall have sworn to their general residence in the parish or district for which such commissioners act; and such return shall be sufficient authority to the officer commanding the militia in such parish or district to compel the enrolment and attendance to militia duty in that parish or district, of such white man or free person of colour, according to the provisions of the militia act.

Clause 8th. And whereas many negros and people of colour claim to be free, who either have not been manumitted or have not complied with the law of this Island imposing a tax on manumissions, and ordering the same to be recorded, whereby [4] the colony is not only deprived of the taxes thereby payable, but such persons, [...] sometimes passing for slaves and at other times as free persons, bear no part of [the] public burden or do any duty as militiamen; be it enacted by the authority aforesaid, That the commissioners are hereby authorized and required to call upon all negroes and people of colour claiming to be free in consequence of manumissions, to produce to the commissioners their manumissions; and the said commissioners shall return to the treasurer the names of all negroes and people of colour within their respective districts claiming to have been manumitted, whose manumissions shall not have [been] recorded according to the laws of this Island, as also of all such negroes and people of colour who shall neglect to produce their manumissions to the commissioners as aforesaid.

Clause 9th. And be it enacted by the authority aforesaid, That the commissioners are hereby authorized and empowered to levy the penalties imposed by the third and fourth clauses of this Act, by issuing their warrant and warrants under their hands and seals, directed to the provost marshal, in the nature of an execution out of the court of common pleas, which warrant and warrants the said provost marshal shall and he is hereby directed and required to execute in due manner, and to pay the said fine and fines immediately into the public treasury for the public uses of the colony.

Clause 10th. And be it enacted by the authority aforesaid, That the commissioners shall annex to the returns to be made by them to the treasurer, a certificate that they have actually sworn the white persons and free persons of colour named, in their return, to the truth of the account given in by them, and the treasurer is further required not to receive any return unless it be accompanied by such certificate.

Clause 11th. And be it enacted by the authority aforesaid, That in case any of the commissioners named in this Act, shall neglect or refuse to execute the same by making such return to the treasurer, or levying the penalties hereinbefore directed, within thirty days from the publication of this Act, and within thirty days after the days prescribed by the second clause of this act, for the taking of the census, the treasurer is hereby directed and required to return the names of such commissioners to the chief or any assistant justice of the court of common pleas, who is hereby directed to issue his warrant to the marshal to levy the sum of fifty pounds on such commissioner or commissioners; and in case they shall continue to neglect giving in the return as above directed for other thirty days, the treasurer is hereby required to proceed to have the same penalty levied as above; and so on at the expiration of every thirty days suceeding, until the return be given in.

Clause 12th. And be it enacted by the authority aforesaid, That the commissioners for the parish of Saint Andrew, East Division, shall include in their returns for that parish the list of white persons, free persons of colour, and slaves, residing on or being attached to the plantation known by the name of Parma Place, situate on the north boundary of the parish of Saint David, and also a separate list of the runaway slaves, specifying their names, ages, sexes, and the time they may have been absent from the said plantation, and proceed in all matters relating thereto, in the same manner and form required of the commissioners for their respective parishes; and the said plantation shall not be included in the returns of the commissioners for Saint David, who shall in nowise interfere in the return for that plantation, but confine themselves in making out their census to the plantation situated to the southward thereof.

Clause 13th. And be it enacted by the authority aforesaid, That two hundred copies of this Act shall be printed with all speed and distributed among the commissioners by the treasurer, who is hereby authorized to agree for, and pay for the printing of the same out of the public treasury.

John Gordon, (Speaker)

Passed the House of Assembly, this thirteenth day of February one thousand eight hundred and eleven. 

Edwd H. Beech, Clk. of the Assembly.

Passed the Council, this fourteenth day of February one thousand eight hundred and eleven.

Danl Constable, Actg Clk. of the Council.

Assented to, nineteenth day of February one thousand eight hundred and eleven.

Edward (Great Seal.) Barnes.

Duly published in the town of Roseau, this nineteenth day of February one thousand eight hundred and eleven.

James Laing, P.M.G.

(A true Copy.)                    R.L. Armatrading, Actg [Regr].