An Act for the further encouragement, Protection, and better Government of Slaves and for the general amelioration of their condition.

[seeking approval of the metropole before effecting]

DOMINICA.—An Act for the further encouragement, Protection, and better Government of Slaves and for the general ame­lioration of their condition. 

PREAMBLE.— Whereas laws for the encouragement, protection, and better government of Slaves, and for the general amelioration of their condition, have from time to time been enacted in this island, founded on the prin­ciples of policy, justice, and humanity, and it being expedient that such further provisions to that effect should now be made, as may be consistent with a due regard to the interests of the proprietors of Slaves, We, there­fore, Your Majesty’s dutiful, loyal, and obedient subjects, the Governor, Council and Assembly of this Your Island of Dominica, humbly pray Your most Excellent Majesty, that it may be enacted and ordained.

Clause 1st.—And be it, and it is hereby enacted and ordained, by the authority aforesaid, that every proprietor, renter, attorney, or agent of any Slave or Slaves, shall give or cause to be given to all such Slave or Slaves as shall be under his, her, or their care a sufficient quantity of good and wholesome food, and shall provide dry and comfortable lodging for them, and shall give them good clothing, that is to say, once in every year a kersey Penistone or drugget jacket, a hat, a pair of Osnaburg or Penistone trowsers, with three yards of Osnaburgs to every male adult, a kersey Pe­nistone or drugget wrapper, a hat, an Osnaburg or Penistone petticoat with three yards of Osnaburgs to every female adult, and to children under the age of ten years, a hat or cap, and three yards of Osnaburgs, and also a blanket to each Slave once in every three years, and an iron pot to every adult Slave once in every three years. And in case of the sickness of any such Slave or Slaves, shall provide proper medical assistance and advice, and shall also provide within the boundary of his, her, or their Plantation or lot of land, comfortable lodging and wholesome food, for every old, infirm, or diseased Slave, and shall on no pretence discard any such Slave, or know­ingly suffer him or her to wander about, and should such proprietor, renter, attorney or agent, neglect or refuse to comply with the afore­said enactments or any of them, such offender shall be fined in any sum not exceeding one hundred pounds, to be recovered as hereinafter is directed.                  

Clause 2nd.—And be it, and it is hereby enacted and ordained by the authority aforesaid, that every field Slave shall, on working days, be allowed half an hour for breakfast, and two hours for dinner out of crop, and one hour and a half during crop, and no Slaves, except domestics, stock-keepers, watchmen, and sick nurses, or others who may be required in attendance on the sick, shall be compelled to do any work whatsoever on any Sunday throughout the year, on Good Friday, nor on Christmas-Day, the day fol­lowing, or New Year’s-day, and if either of the said last-mentioned holi­days shall fall on a Sunday, the following Wednesday shall be given in lieu thereof, nor shall any Slave (except as aforesaid) be compelled to do any work whatsoever before the hour of five in the morning, nor after seven o’clock in the evening, except during crop, when it shall be lawful to keep them at work until nine o’clock at night, and no longer. Provided always, that it shall and may be lawful, in case of any accident or danger at any hour of the day or night, for the Proprietor, Renter, Attorney, or Manager, or other person in charge of any Plantation or Estate, to compel the Slaves thereto attached to afford any assistance that may be required, wheresoever [107] such accident or danger may arise, and any person offending against the provisions of this clause shall incur the penalty of fifty pounds, to be re­covered as hereinafter is directed.

PREAMBLE.—And whereas it is expedient that the Slaves should be en­couraged in the cultivation or provision grounds for the subsistence of themselves and families.

Clause 3rd.—Be it and it is hereby enacted and ordained by the authority aforesaid, that every Proprietor, Renter, Attorney, or Agent, of any Slave or Slaves, shall have the option of feeding such Slave or Slaves, as directed in the first clause, or of allotting to them a sufficient portion of land for that purpose, not being less than half an acre for every such Slave, and shall appropriate one day in every week for the purpose of cultivating the same, except during crop, when it shall be lawful to withhold such day, on allowing to each adult two pounds of salted or pickled fish, and to each child under ten years one pound of the same.

Provided always, that on no pretence whatsoever shall less than twenty-six days in each year be allowed to each Slave, and that in case of failure, to comply with the enactments of this clause, or any of them, such offender shall, on conviction thereof, forfeit the sum of ten pounds, to be recovered as hereinafter is directed, and on complaint of any Slave or any other person on his behalf to any magistrate, he is hereby authorized to issue a summons to be served by any constable, requiring the attendance of any witnesses in ten days from the date of such summons, for the purpose of giving evidence on such complaint; and if such witness or witnesses shall refuse to obey such summons, he, she, or they, shall forfeit the sum of ten pounds, to be recovered as hereinafter is directed, such penalty, when recovered, to be paid to the said Slave. Provided always, that if such com­plaint shall be found untrue, the justice is hereby authorized to order the said Slave to be punished in any number of stripes not exceeding thirty-nine.

Clause 4th.—And be it and it is hereby enacted and ordained by the authority aforesaid, that every Owner, Attorney, Manager, Overseer, or other person in charge of any Slave or Slaves, shall, under the penalty of fifty pounds, make oath annually before the Commissioner or Commission­ers at the time of making the return of Slaves, under a certain Act passed the nineteenth day of February, one thousand eight hundred and eleven, en­titled “An Act for ascertaining the Number of White Persons, Free Persons of Colour, and Slaves in this Island,” to the following effect:—“I (naming the party and his or her description) do make oath and swear, that during the last twelve months I have fully complied with the several duties and obligations imposed upon me towards the Slaves under my charge, under and by virtue of the first, second, and third clauses of an Act of the legis­lature, of this Island made and passed the [blank] day of [blank] one

thousand eight hundred and twenty [blank] entitled 'An Act for the further Encouragement, Protection, and better Government of Slaves, and for the general Amelioration of their Condition.’ So help me God.” Which oath the said Commissioner or Commissioners is and are hereby authorized and required to administer, and to transmit a certificate of the same to the Treasurer, along with his or their returns, under the penalty of fifty pounds for every refusal or neglect; and that if such Commissioner or Commis­sioners be himself or themselves an Owner or Owners, Attorney, Manager, Overseer, or other person in charge of any such Slave or Slaves, he or they shall make such oath in form as aforesaid before some other Justice of the Peace, and shall duly transmit to the Treasurer a certificate of the same, under the penalty aforesaid, Provided always, that where it shall happen that the party making such return shall not have been in charge of the said Slaves during the whole of the preceding twelve, months, then, and in such [108]

case; he shall only be required to make oath that the provisions and duties imposed by the said several clauses have been truly and faithfully observed and complied with, to the best of his knowledge and belief.

PREAMBLE.—And whereas Slaves frequently sell the clothing and neces­saries issued to them to the great detriment both of themselves and their Owners.

Clause 5th.—Be it and it is hereby enacted and ordained by the au­thority aforesaid, that should any person detain, buy, or exchange, or take as a gift of or from any Slave, his or her clothing issued as aforesaid, such person shall be deemed guilty of a misdemeanor, and upon conviction on the oath of one or more credible witness or witnesses before any two or more of His Majesty’s Justices of the Peace, shall, if a white person or free person of colour, forfeit a sum not exceeding ten pounds, to be recovered as hereinafter is directed, and such offender, if a Slave, shall be punished by whipping at the discretion of any Justice of the Peace, with any number of stripes not exceeding thirty-nine.

Clause 6th.—And be it and it is hereby enacted and ordained by the authority aforesaid, that every Proprietor, Renter, Attorney, Manager, or person in charge of Slaves, shall encourage such Slaves to Christian bap­tism, and shall afford every reasonable facility to them to attend divine worship on Sundays, under the penalty of five pounds for every offence, to be recovered as hereinafter is directed.

PREAMBLE.—And whereas the practice hitherto prevalent of making market on Sunday during divine service is. highly indecorous.

Clause 7th.—Be it and it is hereby enacted and ordained by the authority aforesaid, that no article shall be exposed on Sunday to sale in the public market, or any other place, storeshop, or house, during the time of divine service of the established church, and any person herein offending, if a white or free person of colour, shall incur the penalty of ten pounds, to be recovered as hereinafter is directed, and if a Slave, shall be punished in any number of stripes not exceeding thirty-nine, at the discretion of any Justice of the Peace.

Clause 8th.—And be it and it is hereby enacted and ordained by the authority aforesaid, that it may be lawful for any Slave or Slaves on plant­ations, by and with the consent of the Proprietor, Renter, Attorney, or other person in charge thereof, to use any drums or instruments of music for the purpose of dancing, or the indulgence of any innocent amusement, and that Slaves may, in the town of Roseau, by and with the permission of the town wardens, meet for such amusement or dancing as aforesaid at the river side only, provided such amusement or dancing shall not be continued after the hour of eight o’clock in the evening.

PREAMBLE.—And whereas on. the different days allotted for holidays and time of recreation, Slaves may become riotous and disorderly, from the absence of the persons in charge of them.     

Clause 9th.—Be it and it is hereby enacted and ordained by the authority aforesaid, that any Manager not having an Overseer under him, who shall absent himself from the plantation of which he has charge on such holi­days, except for the purpose of attending divine service or militia duty, shall forfeit the sum of ten pounds; and any Overseer who shall absent himself from the estate (except as above) without the leave of his Manager or Employer, shall forfeit the sum of five pounds, to be recovered as here­inafter is directed.

PREAMBLE.—And for the purpose of protecting from violence the lives, persons, and effects of Slaves.

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Clause 10th.—Be it and it is hereby enacted and ordained by the au­thority aforesaid, that any person convicted of the wilful murder of any Slave, or of being accessory thereto, shall suffer deaths without benefit of Clergy, and that any person convicted of the manslaughter of a Slave shall suffer the punishment inflicted in such case by the laws of England.

Clause 11th.—And be it and it is hereby enacted and. ordained by the authority aforesaid, that if any person shall mutilate, wantonly or cruelly whip or cause to be whipped, beat, bruise, cut, wound, or imprison, or keep in confinement without sufficient nourishment, any Slave or Slaves, whether belonging to himself, herself, or any other person, such person being duly convicted of the same before the Court of King’s Bench, shall be punished by fine not exceeding two hundred pounds, or imprisonment not exceeding six months, or by both at the discretion of the Court; and that it shall also be lawful for the said Court in atrocious cases, where the same shall be so found by the Jury, who are hereby directed to certify on the back of the indictment whether the case has by them been found atrocious or not, to take him or her out of the power of a Master convicted of such violence as aforesaid, to order the Marshal forthwith to sell and dispose of such Slave to any other person but the Owner at public outcry for the best price that can be procured, the money arising from such sale, after payment of all expenses, to be delivered to such Owner.

Clause 12th.—And be it and it is hereby enacted and ordained by the authority aforesaid, that if any white or free person shall be guilty of wan­tonly striking or beating any Slave the property of another, such offender on conviction shall forfeit any sum not exceeding fifty pounds, to be re­covered as directed in the first clause of the act.

Clause 13th.—And be it and it is hereby enacted and ordained by the authority aforesaid, that if any white or free person shall forcibly take away or cause to be taken away from any Slave any live-stock, ground pro­visions, vegetables, or any other article of property, which by the laws, customs, and usages of this colony, such Slave is authorized to possess, or shall sell or dispose of, or destroy, or injure, any live-stock, except when the same shall be found trespassing; or if any such person, having pur­chased from such Slave any such article, shall refuse or neglect to pay for the same, or shall destroy or cause to be destroyed, any such article as aforesaid, such offender shall on conviction be fined in any sum not ex­ceeding twenty pounds, to be recovered as hereinafter is directed, and when so recovered the amount to be given to the said Slave in compensation for the injury so sustained.

PREAMBLE.—And whereas, from the inadmissibility of slave-evidence, it has been hitherto found difficult to prosecute to conviction, white or free persons for offences against Slaves, and therefore for the furtherance of justice it is deemed proper in future to receive such evidence to such an extent as may be considered safe, but under such restrictions as are ren­dered absolutely necessary from the imperfect knowledge yet possessed by the great majority of the Slave population respecting the true nature of an oath.

Clause 14th.—Be it and it is hereby enacted and ordained by the au­thority aforesaid, that in all cases, except charges against their Owners, it shall be lawful for all Courts and Magistrates to admit the evidence of any Slave having been duly baptized, and appearing to the said Courts or Magistrates, after having been minutely interrogated on the subject, thoroughly to comprehend the true nature and meaning of an oath. Pro­vided always, that in every instance two such Slaves at least, being duly examined apart and out of the hearing of each other depose to the same facts, without materially contradicting each other; and provided also, that no one shall be convicted of any offence on the evidence of Slaves, unless [110]

such offence shall be prosecuted within twelve months after the commission thereof.       

Clause 15th.—And be it and it is hereby enacted and ordained by the authority aforesaid, that no Slave, under the age of twelve years, shall be sold separate and apart from its mother under any pretence whatever, ex­cept for the purpose of being manumitted or under a sentence of a Court as declared in the eleventh clause of this Act.

Clause 16th.—And be it and it is hereby enacted and ordained by the authority aforesaid, that it shall and may be lawful for the Proprietor, Renter, Attorney, or Agent, of any Slave, or his, her, or their representa­tive, to have and maintain an action or actions in their own names for the recovery of any debt or debts due or owing to any Slave belonging to him, her, or them, as if the same was really due to him or herself; and the Jury in returning their verdict shall, if they find for the plaintiff, declare the same to be for the use of such Slave.

PREAMBLE.—Whereas it is judged expedient for the more perfect admi­nistration of justice, that in future all trials of Slaves for capital offences shall be by indictment in the Court of Grand Sessions, to be found by the Grand Jury and tried by a Petty Jury of twelve persons.

Clause 17th.—Be it and it is hereby enacted and ordained by the au­thority aforesaid, that so much of the act entitled “An Act to establish

Courts of Petty Sessions at stated times for the Trial by Jury of Run­away or other Slaves in Custody of the Provost Marshal for crimes under any of the Laws of this Island now existing or hereafter to exist for regulating and in some instances varying their Punishment as esta­blished by laws now in force for the more speedy trial of Slaves committed for misdemeanors or petty offences by Justices of the said Court without a trial by Jury, and to enable the Justices of the Courts of King’s Bench and Grand Sessions of the Peace immediately on the termination of their Sessions to hold Courts of Petty Sessions for the trial or gaol delivery of Slaves then in custody of the said Marshal, and for other purposes con­nected therewith,” passed the tenth day of September, one thousand eight hundred and seventeen, as directs the Provost Marshal to summon twelve Jurors, six of whom shall be sufficient to form a Jury; and also so much of the fifth Clause of the said act as authorizes the forming a Petty Jury of six persons, be, and the same are hereby repealed in so far as re­gards the trial of Slaves for capital offences only, and that in future all such trials shall be by indictment in the Court of Grand Sessions, to be found by a Grand Jury and to be tried by a Petty Jury in the same manner to all intents and purposes as all other criminals are by law directed in such cases to be tried.

PREAMBLE.—And whereas although the practice of punishing Slaves by the cart-whip has for a considerable time past fallen into disuse, it is never­theless deemed proper to prohibit the same by law.

Clause 18th.—Be it and it is hereby enacted and ordained by the au­thority aforesaid, that for the maintenance of discipline on Plantations and elsewhere, a cat such as used in the British army, and no other instrument, shall be employed for such punishments as may be lawfully inflicted, and that the whip commonly called the cart-whip shall never hereafter be em­ployed either as an instrument of punishment or an emblem of authority.

Clause 19th.—And be it, and it is hereby enacted and ordained by the authority aforesaid, that no gaol-keeper, or any person acting under him, shall, on any pretence whatever, work, or employ any Slave or Slaves sent to his custody (except in cleansing the gaol and yard), nor hire or lend out such Slave or Slaves to any other person or persons, during the time such Slave or Slaves ought to be in his custody, or suffer any such Slave to be [111] at any time without the walls thereof, except as herein provided, under the penalty of ten pounds for every offence; and that should the provost marshal, gaol-keeper, or any constable, willingly, or negligently, suffer any Slave or Slaves to escape, who shall be committed to his or their custody for any offence under this act, such provost marshal, gaol-keeper, or con­stable, shall, for every such offence, forfeit the sum of twenty pounds, without injury to the rights of the owner to sue for the value of such Slave, such penalties to be recovered as hereinafter is directed.

PREAMBLE.—And whereas considerable difficulty has, in many cases, been experienced respecting the mode of punishing Slave offenders.—

Clause 20th.—Be it, and it is hereby enacted and ordained by the authority aforesaid, that it shall be lawful for any court or magistrate, before whom any Slave shall be convicted of any offence, not being capital, to sentence such offender to hard labour, in cleaning and repairing the streets of Roseau, or in any other public work there, for such period as the said court or magistrate shall deem fit, such Slave to be remanded to the common gaol every noon and evening, after the labour of the forenoon, or day is over, to be there closely confined, provided always, that the Provost Marshal shall not be entitled to more than one fee for the commitment and release of such Slave; and that in case more than one Slave shall be so sentenced, they shall be formed into a gang under the orders of the town-wardens: for the purpose of securing such offenders, and preventing their absconding while so employed as aforesaid, it shall and may be lawful to chain them two and two together, provided such chain shall, in no case, exceed four pounds’ weight for each Slave, which chains, the town-wardens are hereby authorized and directed to provide, and also to appoint an overseer of the said gang, should their number be sufficient to require it, provided the pay of such overseer for every working day shall not exceed nine shillings, such expenses to be paid by the said town-wardens, out of the funds arising from the assessments on houses in Roseau, provided always, that it shall not be lawful for any owner or other person in charge of any Slave, to send such Slave to be worked as aforesaid, otherwise than by the order of a court or magistrate.

PREAMBLE.—And whereas it is necessary that the punishment for offences, committed by Slaves, should be defined by law.—

Clause 21st.—Be it, and it is hereby enacted and ordained by the authority aforesaid, that any Slave convicted of wilful murder, or of being accessary thereto, or of breaking open any dwelling-house, or other build­ing, and robbing therefrom, or of theft amounting to fifty pounds or up­wards, or of wilfully setting fire to any house, building, cane or coffee piece, or shall be accessary thereto, shall suffer death!

Clause 22nd.—And be it, and is hereby enacted and ordained by the authority aforesaid, that any Slave who shall be convicted of having struck his or her master or mistress, or any white or free person having charge of them, or of theft, to any amount under fifty pounds, or of any attempt to rob on the public roads, or of any attempt to set fire to any house or building, cane piece, coffee piece, provision or pasture ground, or of breaking open any house or building with intent to rob therefrom, or who shall have been accessary to any of the said offences, shall suffer solitary confinement on bread and water, pillory, public whipping, or such other punishment as the court, before whom such offender may have been con­victed, shall in their discretion award.

Clause 23rd.—And be it, and it is hereby enacted and ordained by the authority aforesaid, that should any Slave wantonly or cruelly beat, cut, wound, or in any manner maim, mutilate, disfigure, dismember, or otherwise injure any other Slave or Slaves, so as to endanger life, although death [112] should not ensue, such Slave, on conviction, shall suffer such punishment as the court may award.         

Clause 24th.—And be it, and it is hereby enacted, and ordained by the authority aforesaid, that any Slave who shall use defamatory language, words of abuse, tending to provoke a breach of the peace, or menacing gestures towards any person whomsoever, shall, on due proof of the same before any justice of the peace, be punished by public whipping, by any number of stripes not exceeding thirty-nine, provided always, that com­plaint of such offence be made to such justice within fourteen days after its commission.     

Clause 25th.—And be it, and it is hereby enacted and ordained by the authority aforesaid, that should any Slaves assemble for mutinous, or other dangerous purposes, and refuse to disperse, or go peaceably home, when so directed to do by any justice of the peace or constable, or owner, manager, overseer, or other person in charge of such Slave, the ringleader or ring­leaders of such mutinous meeting, being thereof duly convicted, shall suffer death, and the others, according to the gradation of their crimes, shall, on such conviction, be punished with pillory, solitary confinement, on bread and water, or public whipping, at the discretion of the court before whom such cause is tried.          

Clause 26th.—And be it, and it is hereby enacted and ordained by the authority aforesaid, that any Slave or Slaves who shall be convicted of giving, selling, or bartering gunpowder, fire-arms, or other offensive weapons, head-shot, or salt or salted provisions, clothes, or other necessa­ries, whatsoever, to, or with runaways, or of having any sort of intercourse or correspondence directly or indirectly with such runaways, shall, ac­cording to the degree of delinquency of such Slave or Slaves, suffer such punishment as the court before whom the cause is tried shall in their discretion award;

Clause 27th.—And be it, and it is hereby enacted and ordained by the authority aforesaid, that if any Slave shall be duly convicted of practising the pretended art of witchcraft, or obeah, or of administering to any person whomsoever, drugs or potions of a poisonous or dangerous nature, such offender shall suffer such punishment as the court before whom the cause is tried shall in their discretion award.  

Clause 28th.—And be it, and it is hereby enacted and ordained by the authority aforesaid, that any white person, free person of colour, or Slave, who, by printing, writing, preaching, or speaking, shall utter or use any seditious words or sentences, or any words or sentences intending or me­nacing death, destruction, or any bodily harm to any white person, free person of colour, or Slave, or destruction of estates, buildings, or houses of any kind, horses, mules, or other cattle, canes, coffee, cotton, or other pro­duce of this island, or any other mischief, or to incite, or which may incite, or have a tendency to incite Slaves to have a hatred or contempt of their owners, or to the laws and constitution of this island, in any way affecting, or relative to the Government of Slaves, or to render them discontented or dissatisfied with their condition, or with the laws of this island, in any way affecting or relating to Slaves, or to induce them to throw off their duty and obedience to their owners, or other persons in charge of them, or for the purpose of altering, or inciting to alter the same, or in debating or deliberating thereon, or which may induce any Slave or Slaves to believe or expect that they will obtain emancipation or freedom, or any right, benefit, or privilege, by any means not permitted or authorized by the laws in force in this island, shall be guilty of a high misdemeanor, and punished by banishment, fine, imprisonment, or such other punishment as the court before whom such offender may be tried shall direct.

Clause 29th.—And be it, and it is hereby enacted and ordained by the authority aforesaid, that if any Slave or Slaves shall desert from his, her, [113]

or their owner or owners, and go off, conspire, or attempt to go off from this island in any ship, boat, canoe, or other vessel or craft, or shall aid, abet, or assist any other Slave or Slaves in so doing, such offender or of­fenders being thereof duly convicted, shall suffer such punishment as the Court may award; and should any white person, or free person of colour, be duly convicted before the Court of Grand Sessions of inciting, aiding, abetting, or assisting any Slave or Slaves in going off this island, such per­son shall suffer death, whether the Slave or Slaves so deserting, or at­tempting to desert, shall have been thereof previously convicted or not.

Clause 30th.—And be it, and it is hereby enacted and ordained by the authority aforesaid, that if any Slave shall be convicted before any two or more of his Majesty’s justices of the peace of gambling, quarrelling, fighting, or rioting, such Slave shall be punished by public whipping, at the discretion of the said justices, provided the number of stripes do not exceed thirty-nine.

Clause 31st.—And be it, and it is hereby enacted and ordained by the authority aforesaid, that no Slave shall be permitted to have in his or her possession any fire-arms without permission from his, her, or their pro­prietor, renter, attorney, or manager, or overseer, under the penalty, on conviction before any one of his Majesty’s justices of the peace, of punish­ment by public whipping, not exceeding thirty-nine stripes.

PREAMBLE.—And in order that the ends of justice may not be frustrated by the cunning or obstinacy of Slaves in refusing to give evidence, or in giving false evidence—

Clause 32nd.—Be it, and it is hereby enacted and ordained by the autho­rity aforesaid, that every Slave or Slaves who shall refuse or evade to give evidence, when called upon by any court or magistrate for that purpose, shall, for such contempt, suffer punishment by whipping, at the discretion of such court or magistrate, not exceeding thirty-nine stripes; and that should any Slave be convicted of wilful perjury, such Slave shall be punished by pillory, solitary confinement on bread and water, whipping, or such other punishment as the court, before whom such offender is tried, shall in their discretion award.

Clause 33rd.—And be it, and it is hereby enacted and ordained by the authority aforesaid, that if any Slave or Slaves shall disobey the lawful order of his or her proprietor, renter, attorney, manager, or overseer, or shall be guilty of neglect of duty, absent without permission in writing from the proprietor, renter, attorney, or agent on the plantation to which such Slave shall belong, or any other act of misconduct, such Slave shall be punished at the discretion of the said proprietor, renter, attorney, or agent, by confinement in the stocks, or by whipping on the shoulders, or both, provided such whipping, if directed by the proprietor, renter, or attorney, shall not at any time, or for any one offence, or before the effects of any former punishment shall be thoroughly cured, exceed thirty-nine stripes; if directed by a manager of a plantation, shall not exceed twenty stripes; and if by an overseer, shall not exceed ten, and by a slave super­intendent of a plantation, shall not exceed six stripes, provided also, that no punishment by whipping, exceeding ten stripes, shall be inflicted on the same day on which the offence is committed. And provided further, that no punishment by whipping shall be inflicted on a female Slave in such manner as to occasion any indecent exposure; and should any person be convicted of any offence against the enactments of this clause, such offender shall forfeit a sum not exceeding thirty pounds, and not less than five pounds, to be recovered as is hereinafter directed.

PREAMBLE.—Whereas there are Slaves of notorious bad character, and much in the habit of absenting themselves from their duty, and who during [114] such absence live by plunder, in consequence of which it frequently hap­pens that they are ill treated or beaten when detected in such act, and returned to their owners in an enfeebled state, and therefore it is highly necessary to adopt some means of keeping such Slaves on the respective estates to which they belong—

Clause 34th.—Be it, and it is hereby enacted and ordained by the autho­rity aforesaid, that it shall and may be lawful for any proprietor, renter, attorney, manager, or overseer of any Slave, who is in the habit of run­ning away, for the purpose of securing the person of such Slave, to affix or cause to be affixed a collar and chain, or hand-cuffs, not to exceed four pounds’ in weight; and it shall also be lawful for such Slaves to be taken out to work with such collar or chain with the other Slaves, provided that one or more of the fellow-Slaves of said runaway do, upon oath before a magistrate, testify to the bad conduct and habits of such Slave, and that it is necessary so to confine the said runaway Slave to keep him or her on the property; and previous to such Slave being worked in chains as aforesaid, it shall be necessary for such, proprietor, renter, attorney, manager, or overseer, to obtain a certificate from the magistrates, before whom such testimony is produced, authorizing the same; and it shall be the duty of such proprietor, renter, attorney, manager, or overseer, to provide good and wholesome food for the said Slave during such confinement, and that it shall further be lawful for any such proprietor, renter, attorney, manager, or other person in charge, to have on their property or plantation stocks, bilboes, places of solitary confinement, or other secure means, for the purpose of confining refractory Slaves, or such as are addicted to running away; and in default or neglect of the proprietors, renters, attorneys, or agents, complying with the provisions of this clause, he or she shall be fined in any sum not exceeding twenty pounds, on conviction thereof, to be recovered as hereinafter is directed.

Clause 35th.—And be it, and it is hereby enacted and ordained by the authority aforesaid, that if any Slave or Slaves shall have been committed to gaol, and who shall not be prosecuted at the following Court of Grand or Petty Sessions respectively, the gaol fees of such Slave or Slaves shall be paid by the person at whose instance or complaint such Slave was com­mitted, if not otherwise ordered by the Court, such fees to be recovered by the marshal by action of debt, or on the case.        

Clause 36th.—And be it, and it is hereby enacted and ordained by the authority aforesaid, that when any Slave shall be executed in pursuance of this Act, the proprietor of such Slave shall be entitled to receive from the public Treasury the value of such Slave, to be awarded on oath by any two or more competent and impartial persons, and that the owner of any Slave murdered, and of which crime the murderer shall have been duly convicted, shall in like manner be paid from the public Treasury the value of such Slave, to be awarded as aforesaid.

Clause 37th.—And be it, and it is hereby enacted and ordained by the au­thority aforesaid, that all fines and penalties to be incurred by virtue of this Act, whereof the mode of recovery has not hereinbefore been directed, shall, if not exceeding ten pounds’ currency, be recovered in a summary manner before any of His Majesty’s Justices of the Peace, by distress and sale of the offender’s lands, goods and chattels, and if exceeding ten pounds, shall be recovered in any Court of Record by action of debt for the uses of the colony, and that in all cases where distress is directed to be made on the lands, goods and chattels of any offender under this Act, and where no Such can be found, or not sufficient to satisfy the fine or penalty in­curred, the constable to whom the warrant of distress is directed, shall make a return, that, no effects, or not sufficient effects belonging to the offender whereon to distrain, can be found, to the Justice or Justices, by whom the original warrant was issued, or in his or their absence or sick-[115] ness, any other Justice or Justices, who shall forthwith issue a warrant for apprehending and committing to the common gaol such offender, there to remain until he or she shall pay such line or penalty and costs. Provided that no person, so committed, shall be detained in prison for the non-pay­ment of any fine for a greater length of time than six calendar months, and in all cases where such offenders remain in prison for that period and have not the means of paying their gaol fees, the Provost Marshal is hereby au­thorized to charge the same in his account against the colony.

Clause 38th.—And be it, and it is hereby enacted and ordained by the authority aforesaid, that every conviction in a fine or penalty before any one or more Justices of the Peace under this Act, shall be drawn up in the form or to the effect following (that is to say)—

DOMINICA.

BE it remembered that on this [blank] day of [blank] in the year of our Lord (A. B.) is convicted before [blank] Esquire (one or two) of His Majesty’s Justices of the Peace for the said Island, for that (he, she, or they) on or about the [blank] day of [blank] now last past, in the parish of [blank] in the said Island, contrary to

law (here state the offence, and I or we) the said Justice do declare and ad­judge that the said (A. B.) hath forfeited the sum of [blank] current money to be applied as the law directs. Given under (our, my) hand and seal at [blank] on the day and in the [blank] year first mentioned.

And no certiorari or other proceeding shall be granted to remove or suspend any conviction under this Act otherwise than as follow, that is to say, any person aggrieved by the judgment of any Justice or Justices be­fore whom he or she shall have been convicted, may appeal to the next Court of King’s Bench and Grand Sessions of the Peace, to be holden for this Island, and the execution of such judgment shall, in such case, be suspended, the person so convicted entering into a recognizance at the time of such conviction or within twenty-four hours after the same shall be made with two sufficient sureties, in double the sum for which such person shall have been adjudged to forfeit, upon condition to prosecute such appeal with effect and if upon hearing such appeal the judgment be con­firmed, such appellant shall forthwith pay the sum he or she shall have been adjudged to forfeit, together with such costs as the court shall award to be paid to the prosecutor or informer, and in default of such pay­ment shall remain in the custody of the Provost Marshal until full pay­ment is made, but if the appellant shall make good his appeal, and be dis­charged of the said conviction, reasonable costs shall be awarded to the appellant against such informer, which costs shall be paid as above directed for the appellant whose conviction is confirmed.

Clause 39th.—And be it, and it is hereby enacted, and ordained by the authority aforesaid, that if any person or persons shall be sued for any thing done under and by virtue of this Act, he or they may plead the general issue, and give this Act in evidence; and if any plaintiff be non­suited, or discontinue his suit, or a verdict be given against him, he shall pay treble costs of suit, and all Judges, Justices and Juries are hereof to take notice and govern themselves accordingly; and no writ shall be sued out against, or copy of any process shall be served on any Justice, for any thing done by him in the execution of this Act, until notice in writing of the intended writ or process shall have been served on him, or left at his usual place of abode by the attorney for the party, one calendar month be­fore suing out or serving the same, containing the cause of action and en­dorsed with the name and place of the attorney, Provided, that no action shall be brought against any Justice for any thing done by virtue of this [116] Act, unless the same shall be commenced within six calendar months, after the act complained of.

Clause 40th.—And be it, and it is hereby enacted and ordained by the authority aforesaid, that the Act of this Island passed on the twenty-third of December, one thousand seven hundred and eighty-eight, entitled “An Act for the Encouragement, Protection, and better Government of Slaves,” and also an Act passed on the second of June, one thousand eight hundred and twenty-one, entitled “An Act for regulating the Govern­ment and Conduct of Slaves, and for their more effectual Protection, En­couragement, and the general Melioration of their Condition, be,” and the same be hereby repealed.” 

Clause 41st.—And be it, and it is hereby enacted and ordained by the authority aforesaid, that one hundred copies of this Act be printed.

Clause 42nd.—And be it, and it is hereby enacted and ordained by the authority aforesaid, that this Act shall not operate or be construed to be in force until His Majesty shall be graciously pleased to signify His Royal Assent to the same.

(Signed) CHARLES G. HOBSON,

Speaker.

Passed the House of Assembly this twenty-first day of January, one thousand eight hundred and twenty-six.

(Signed) J. H. NEWMAN,

Clerk of Assembly.

Passed the Board of Council this twenty-fifth day of January, one thousand eight hundred and twenty-six.

(Signed) HENRY TREW,

Clerk of Council.

Passed the Patent Office this the twenty-sixth day of January, one thou­sand eight hundred and twenty-six.

(Signed) S. A. PERRY,

Clerk of Patents.

Assented to, this twenty-sixth day of January, one thousand eight hun­dred and twenty-six.

(Signed) WILLIAM NICOLAY.

Governor.