An Act to consolidate all the Laws now in force relating to the Slave Population, for making more effectual provision for their maintenance and protection, and for the admissibility of their testimony in certain cases.

An Act to consolidate all the Laws now in force relating to the Slave Population, for making more effectual provision for their maintenance and protection, and for the admissibility of their testimony in certain cases. 

(47) (1825) 

[passed HOA and is now before the Council – Governor(?) believes that it will be approved, and he plans on assenting – although this is contracted by the signatures. worth looking into the following dispatch]

No. 2.

An Act transmitted to Earl Bathurst by the Officer Administering the Government of Grenada.

An Act to consolidate all the Laws now in force relating to the Slave Population, for making more effectual provision for their main­tenance and protection, and for the admissibility of their testimony in certain cases.

PREAMBLE.—WHEREAS it is expedient that the laws which have been enacted for the government of Slaves should be revised and consolidated into one Act, and that further provisions should be made for their protection and government.

CLAUSE 1.—May it therefore please your Majesty, that it may be enacted by his Honour George Paterson, Esq. President and Commander in Chief in and over the island of Grenada and its dependencies, the Members of His Majesty’s Council, and the Representatives of the people of the said island in General Assembly convened. And it is hereby enacted and ordained by the authority of the same, that an Act made and passed on the 10th of De­cember 1766, intituled, “An Act for the better government of Slaves, and for the more speedy and effectual suppression of runaway Slaves.” Also an Act made and passed on the 20th day of April 1767, intituled, "An Act to prevent persons from hawking and pedling and carrying goods about the town and country from house to house to sell and dispose of.” Also so much of an Act made and passed on the 1st day of February 1770, intituled, “An Act to explain and amend an Act to make Slaves, cattle, horses, mules, asses, coppers, stills, and plantation utensils, real estate of inheritance, and declaring widows dowable of them as of lands and tene­ments, as relates to any tenant for life, tenant by the curtesy, tenant in dower, or husband holding any Negro, or other Slave, and wilfully de-[42]stroying, maiming, or disabling any Negro or other Slave so held.” Also so much of an Act made and passed on the 3d day of April 1770, intituled,

"An Act against the unlawful practising of pretended surgeons and doctors, as relates to the punishment of a Slave or Slaves for any offence committed by such Slave or Slaves against the provisions thereof.” Also so much of an Act made and passed on the said 3d day of April 1770, intituled, “An Act for preventing and punishing those who shall wilfully fire, burn, or destroy any canes, dwelling-houses, or any other edifices, as relates to the punish­ment of slaves for offences against that Act.” Also so much of an Act made and passed on the 3d day of February 1776, intituled, “An Act for the preservation of the harbour and bay of Saint George’s, appointing regulations to be observed by masters of ships and other vessels coming into and anchoring therein, for impowering the Commander-in Chief to appoint a Harbour-Master, and for fixing his salary as relates to the punish­ment of a Slave or Slaves for any offence committed by such Slave or Slaves against the provisions thereof.” Also so much of the sixth, seventh, and eighth clauses of an Act, made and passed on the 5th of July 1784, intituled, “An Act for the better regulation of foreign vessels arriving in these islands, or found hovering about the coasts of the same, for pre­venting the carrying off of mortgaged or other Slaves by such foreign ves­sels, and for taking away the benefit of clergy from persons guilty of stealing Slaves, for apprehending suspected persons coming from Trinidad, and for obliging owners of vessels to give security not to carry off debtors or slaves without tickets, as therein directed, and for preventing small boats or other vessels being run away with, as relates to offences therein enumerated with respect to Slaves and the punishment thereof.” Also so much of an Act made and passed upon the 13th of October 1784, intituled,

An Act to establish regular markets in the different towns of this island, to fix the prices of fresh provisions and other commodities brought to such markets for sale, empowering the Captain-General or Commander-in-Chief to appoint clerks of such markets, who are at the same time to be keepers and inspectors of the public cages, empowering them to receive and confine therein for a limited time disorderly persons committed by Justices of the Peace; also to apprehend and confine Negroes, or other Slaves, com­ing from the country without tickets, appointing the mode of stamping and regulating all weights and measures in the said towns and parishes, and appointing the mode of altering the prices of provisions as occasion may require, as relates to offences thereby enumerated as to Slaves, or their punishment for the same.” Also so much of an Act made and passed on the 21st day of October 1785, intituled, “An Act to amend an Act, intituled, 'An Act for the preservation of the harbour and bay of St. George, appointing regulations to be observed by Masters of ships and other vessels coming into and anchoring therein, for empowering the Commander-in-Chief to appoint a Harbour Master, and for fixing his salary, and for limiting the boundaries of town lots and wharfs from encroaching on the said harbour,’ as relates to the punishment of Slaves for offences against the said Act.”’ Also so much of an Act made and passed upon the 5th of October 1786, intituled, “An Act to prevent the spreading of canine madness, and to compel the burying or burning of the carcasses of dead animals in these islands,” as relates to the punishment of Slaves offending against the provisions of that Act. Also so much of an Act made and passed on the 1st of May 1789, in­tituled, “ An Act for the better regulation of the police of the town of Saint

George and its neighbourhood, and for the more effectual prevention of the sale of rum and other spirituous liquors to Slaves,” as enacts, “that every male Slave, who on any occasion whatever, shall at any time between the hours of nine o’clock of the night, and four o’clock of the ensuing morning, be in any of the said streets, lanes or squares, or passing along the same, shall either carry such lanthorn illuminated, or shall have a permission in writing from his owner, renter, or employer of that night’s date, or be [43] actually attending on his master, mistress, or possessor, and as relates to offences by Slaves against the provisions of this Act, and to their apprehension and punishment.” Also an Act made and passed on the 24th of October 1789, intituled, “An Act for the more effectual trial and punishment of criminal Slaves, and to authorize His Majesty’s Jus­tices of the Peace to appoint constables in cases of emergency.” Also so much of an Act, intituled, “An Act for establishing a Court of Common Pleas and a Court of Complaints, directing the modes of proceeding therein, pre­scribing the order of levying executions issued out of the courts formerly sub­sisting, or hereafter to issue out of the courts hereby established for limiting the times of making sales of effects levied on, and for regulating and restricting the conduct of the Secretary and Provost Marshal in their respective offices, and removing doubts with respect to the expiration of the former Act for re­establishing the said courts” as renders it lawful in cases of Slaves being sold under executions, to sell the mother of any Slave or Slaves or her offspring separate and apart from each other. Also an Act made and passed the 23d of August 1791 intituled, “An Act to continue an Act, intituled, ‘An Act for the more effectual trial and punishment of criminal Slaves, and to authorize His Majesty’s Justices of the Peace to appoint constables in cases of emergency.”’ Also the eighth clause of an Act made and passed the 2d of April 1792, intituled,

An Act to amend an Act, intituled, ‘An Act to prevent the sudden further increase of free Negroes and Mulattoes.’” And also to amend an Act, intituled, An Act for the better government of Slaves, and for the more speedy and effec­tual suppression of runaway Slaves, and to ascertain what shall be evidence of the sealing of certificates respecting enfranchisement as directed to be made by the Guardians of Slaves.” Also an Act made and passed the 7th of June 1796 intituled, “An Act for the more effectual trial and punishment of Slaves who may have been or may hereafter be concerned in the rebellion and insur­rection now existing in this island.” Also an Act made and passed the 13th of May 1797, intituled, “An Act for the punishment of Slaves under sentence of banishment or confinement to hard labour in chains, who shall escape or attempt to escape from their places of confinement or employment, and to make it lawful for the Magistrates to condemn to hard labour in chains for life or for a limited time Slaves convicted under the several Acts for the trial and punishment of criminal Slaves.” Also an Act made and passed the 9th of December 1797, intituled, ‘‘An Act for the better protection and for promo­ting the natural increase and population of Slaves within the island of Gre­nada, and such of the Grenadines as are annexed to the government thereof, for compelling an adequate provision for and care of them as well in sickness and old age as in health, and for constituting and appointing guardians to effectuate and carry into execution the regulations and purposes of this Act.” Also so much of an Act made and passed on the 24th of May 1799, intituled,

"An Act for establishing a canal for the purpose of facilitating the watering of His Majesty’s ships on this station, as well as of the merchant vessels in the port of Saint George, for providing a fund for the support and improvement of the same, and for appointing Commissioners to carry the same into exe­cution” as relates to the punishment of Slaves for offences committed against that Act, shall be, and the same are hereby repealed: provided nevertheless that all Acts expressly repealed by any of the said Acts shall be deemed and taken to be, and shall remain repealed.

CLAUSE 2d.—And be it enacted by the authority aforesaid, that every owner or possessor of Slaves belonging to or worked upon any plantation or estate, or their attorney, agent, or representative, shall allow to each and every such Slave a sufficient portion of land adapted to the growth of provisions, for their support and maintenance; and between the 1st day of May and the 31st day of January in each and every year, shall allow to each and every such Slave twenty-eight full working days over and above Sundays, for the pur­pose of cultivating the same at the discretion of such proprietor or possessor of such Slaves, or their agents or representatives, and as to them may be [44] deemed most advantageous and beneficial to such Slaves: provided that in all cases where it shall be found inconvenient for such owners or possessors of Slaves to allow such portion of land for the purpose aforesaid, he, she, or they shall, by some other ways and means, make good and ample provision for such Slaves in lieu thereof, and such portions of land so to be allotted as aforesaid, shall be personally inspected by the managers or overseers of every such plantation or estate at least once in every month, in order that the same may be seen to be properly kept up and cultivated, and that every owner or possessor of such Slaves shall provide for and allow to every family of Slaves a good and comfortable house, with one or more cabannes or beds, raised at least one foot from the ground, and shall provide and give to each and every such Slave a sufficient allowance weekly of salt and salt fish, or of such other food as their ages and state of health may require; and shall provide and give to each and every such Slave sufficient clothing and blankets suitable to their respective sex, age, and condition, and that every owner or possessor of Slaves not attached to or worked upon any plantation or estate, shall provide for and furnish such Slaves with comfortable lodging, sufficient food, and decent clothing; and if any owner or possessor of Slaves shall neglect or refuse to comply with the provisions hereinbefore specified, every person so offending shall forfeit and pay the sum of ten pounds for every neglect or refusal.

CLAUSE 3d.—And be it enacted by the authority aforesaid, that on com­plaint from any Slave or Slaves, or upon the information and complaint of any other person or persons, or the fact coming to the knowledge of any Justice of the Peace in any other manner that the provisions hereinbefore con­tained, for the maintenance and support of such Slave or Slaves, according to the true intent and meaning of this Act, have not been complied with, it shall and may be lawful to and for such Justice, and he is hereby required to associate one or more Justice or Justices with him, and to proceed to the plantation, estate or place whereon such Slave or Slaves is or are resident or belonging, or to cause and command such Slave or Slaves, or such other person or persons as such Justices may deem necessary, to be examined in the premises, to appear before them, and such Justices shall and may enquire into such complaint, and if necessary shall and may inspect the grounds, cloth­ing, and lodging of such Slave or Slaves, and shall and may examine into their general treatment, and for the more effectual discovery of the truth, it shall and may be lawful for such Justices, on such enquiry, to administer to such person or persons the following oath:— “I, A.B., will true answer make to such questions as shall be put to me, touching the clothing, feeding, maintainance, and general treatment of the Slaves upon or belonging to the estate of [blank] or to [blank] .—So help me God.” And if any free person or persons shall refuse to be sworn, or when sworn shall refuse to answer such questions as shall be put to him or them relative to such com­plaint or enquiry, he, she or they shall forfeit the sum of fifty pounds: and if it shall appear, on such complaint or enquiry, to the said Justices that any offence hath been committed against the provisions hereinbefore contained for the maintenance and support of such Slaves, then and in every such case they are hereby authorized and strictly required to afford redress to such Slave or Slaves, without delay, in manner and to the extent hereinafter specified, that is to say, to each Slave belonging or attached to, and worked upon any plan­tation or estate, one quarter of an acre of land, or a weekly allowance in money of four shillings and sixpence currency in lieu thereof; a weekly allowance of one quarter of a pint of salt and two pounds of salt fish, or such other provi­sions as may be equivalent thereto; an annual allowance of clothing, as follows, one penistoun or cloth jacket and three yards of cloth or penistoun, or six yards of cloth or penistoun, eight yards of Osnaburgs or other linen of equal strength or value, one hat, with needles and thread, and a triennial allowance of one blanket; and to each Slave not attached to or worked upon any plantation or estate a weekly allowance in money or provision equivalent thereto to the value of six shillings currency, and an annual allowance of two [45] suits of clothing: and such Justices are hereby authorized and empowered to issue an order under their hands, requiring such owners or possessors of Slaves to provide, furnish and give the allowances hereinbefore immediately specified, or so much and such parts thereof as to the said Justices in their discretion may seem meet; and for every neglect or refusal to comply with and obey such order, shall forfeit and pay the sum of one hundred pounds current money of the said islands.

CLAUSE 4th.—And be it further enacted by the authority aforesaid, that all owners or possessors of Slaves, and their agents, attorneys and representatives shall, as much as in them lies, endeavour to instruct their Slaves in the principles of the Christian religion, and as soon as conveniently can be, cause to be baptized all such adult Slaves not already baptized as they can make sen­sible of a duty to God and the Christian Faith, and all Slaves hereafter to be born within six months after their respcetive [sic] births, which ceremony the clergymen of the respective parishes wherein such Slaves are resident shall, and they are hereby required to perform gratis, and also to attend any Slave or Slaves in sickness, when their spiritual aid may be required.

CLAUSE 5th.—And be it enacted by the authority aforesaid, that it shall and may be lawful for any Slave who may be desirous of intermarrying with any other Slave belonging to the same owner or owners, to apply to any cler­gyman of the established Church of England and Ireland, or priest of the Roman Catholic religion, or other person thereto legally authorized to solemnize any such marriage as aforesaid, who are, and each of them is hereby required to solemnize the same: provided always that such Slaves shall produce to such clergyman, priest, or other person as aforesaid, a permission sion in writing from their owner or owners for that purpose : and provided also that such clergyman, priest, or other person, shall consider such Slaves to have an adequate knowledge of the nature of the marriage vow.

CLAUSE 6th.—And be it further enacted, that upon every plantation or estate in these islands, to which Slaves shall belong or be worked upon, there shall be a good and sufficient hospital, of proper size and dimensions, accord­ing to the number of Slaves on such plantation or estate, in a proper and healthy situation, for the reception and care of all Slaves who shall complain of sickness, or meet with any accident or injury, or who shall or may, from any infirmity or other cause, require to be received therein, and the owner, possessor, attorney, manager or person having the charge of such plantation and Slaves are hereby respectively required and directed to keep an hospital-book with the names of the Slaves so admitted, the dates of their admission, and also of their dismission, or death, and in which book shall be inserted, by the surgeon or other medical attendant of the said plantation, the nature of their complaint or diseases, prescriptions and treatment.

CLAUSE 7th.—And be it further enacted, that it shall not be lawful to or for the proprietor, owner or possessor, of any plantation or estate, or any person or persons employed by or under such proprietor, owner or possessor, except in the act of manufacturing such species of produce as necessarily requires night or extra labour, to compel or oblige any Slavebelonging to or worked upon such plantation or estate, to leave his or her house, in order to work in the field or at his trade, until day-break, or to work during the times of breakfasting and dining, for the first of which such Slave shall be allowed one half hour in the morning, and for the latter two hours, to wit, from twelve o’clock at noon to two in the afternoon, nor to compel any such Slave to work after sunset, except in the carrying of a bundle of grass or stock meat from the field to the stable or other place where the same is to be consumed, under the penalty of ten pounds for every offence.

CLAUSE 8th.—And in order that encouragement may be given to the increase and protection of Negro infants, be it further enacted by the authority [46] aforesaid, that every female Slave who shall have five children living belonging to any plantation or estate shall be allowed 52 days during the whole year to cultivate her provision grounds under the penalty of 5l. currency for each day omitted; and it shall not be lawful for any person whatsoever to employ their Slaves at any kind of work on Sundays, except domestics, watchmen, stock­keepers, and such Slaves as are employed in potting sugar: provided always that such potting of sugar shall not be performed after the hour of 8 o’clock in the morning, nor shall it be lawful for any person to put about or cause to be worked any sugar mill between the hours of 10 o’clock on Saturday night and 4 o’clock on Monday morning, under the penalty in such case of 101. currency.

CLAUSE 9th.—And be it further enacted by the authority aforesaid, that no master, owner, or possessor of any Slave or Slaves, whether in his or her own right, or as attorney, guardian, trustee, or otherwise however, shall under any pretence whatsoever discard or turn away any Slave or Slaves rendered incapable of labour or service by reason of sickness or disorder, age or infirm­ity, but every master, owner, or possessor, shall keep such Slave or Slaves upon his or their respective properties or premises, and feed and provide them with wholesome food and decent comfortable clothing and lodging, and other necessaries, and not suffer them for want thereof to wander about at large and become a nuisance and burthensome to others for subsistence; and it shall and may be lawful for any white or free-coloured person to take up all such diseased or infirm Slave or Slaves who may be found going about at large as above mentioned, and to carry him, her, or them, before any of His Majesty’s Justices of the Peace, who shall, and he is hereby directed to make imme­diate enquiry into the conduct of the master, owner, or possessor of such Slave or Slaves, and if it shall appear to the said Justice that the Slave or Slaves going about at large be owing to neglect or mal-treatment from the owner or possessor, he, she, or they so offending shall forfeit for every such offence the sum of 50l. current money; and such owner or possessor shall forthwith enter into recognizance in the sum of 100l. with two sufficient securities in the sum of 50l. each, that the Slaves in future shall be well treated, lodged, fed, and clothed, but in case of neglect or refusal to enter into recognizance as aforesaid, then it shall and may be lawful for the Justice to commit the Slave to the charge of the cage-keeper of the nearest town where taken up, to be by him lodged and fed, for which he shall be entitled to re­ceive from the owner or possessor at the rate of half a dollar per diem, reco­verable on his goods and chattels weekly, by warrant under the hand and seal of any Justice of the Peace until he, she, or they shall enter into such recog­nizance as aforesaid.

CLAUSE 10th.—And be it further enacted by the authority aforesaid, that no owner, proprietor, attorney, manager, or person or persons having the charge or management of any Slave or Slaves, having occasion to inflict a punishment on any such Slave or Slaves beyond fifteen lashes, shall not inflict the same without the presence of a person of free condition, nor shall he, she, or they inflict, or cause or knowingly suffer to be inflicted on any Slave any cor­poral punishment exceeding 25 lashes for any offence on the day on which the same shall be committed under a penalty of 10l., and no owner, pro­prietor, attorney, manager, or person or persons having the charge or manage­ment of any Slave shall inflict or cause to be inflicted any punishment by flogging for a second offence on the same day on which punishment for a former offence hath been inflicted, nor until the delinquent has recovered from the ef­fects of former punishment under the penalty of 101. for every such excess or repetition of punishment:: provided always that in all cases where the owner, proprietor, attorney, manager, or other person having charge of any Slave or Slaves shall conceive the fault committed, the same not being cognizable by law, to be of such enormity as to deserve more exemplary punishment than is herein before allowed to be inflicted, it shall and may be lawful for such [47] owner, proprietor, attorney, manager, or such other person as aforesaid, to cause such offending Slave or Slaves to be carried before any one or more Jus­tice or Justices of the Peace, and such Justice or Justices is and are hereby authorized and required to hear and examine into every such complaint, and to direct such corporal punishment, not extending to life or limb, as the offence shall in his or their discretion merit; after which punishment, inflicted by the order of the Justices as aforesaid, no further or other punishment whatever shall be inflicted on such Slave for that offence by any person or persons whomsoever under the like penalty of 101.; and the Justices before whom such Slave or Slaves shall be brought, shall enter into a book to be kept for that purpose, the nature of the complaint and the punishment inflicted by their order; and that every such owner or possessor of Slaves attached to, and worked upon any plantation or estate shall keep or cause to be kept a record of all and every the crimes and punishments committed and inflicted upon such estate or plantation, and such record so to be kept on every such plan­tation or estate shall be produced when called for by any Justice of the Peace, upon any enquiry into any complaint of ill-treatment of such Slaves: provided always that it shall not be necessary to enter into such record any punishment which shall not exceed ten lashes.

CLAUSE 11th.—And be it enacted by the authority aforesaid, that if any proprietor, attorney, manager, overseer, or other person, having the charge or direction of Slaves, shall upon any pretence whatsoever, take upon himself or herself to inflict, or cause or knowingly suffer to be inflicted, on any Slave or Slaves any heavier, greater or other kind of corporal punishment than herein-before limited and prescribed, or to inflict punishment at other and different times than herein-before mentioned; such proprietor or attorney, manager, overseer, or other person having the charge or direction of Slaves, shall, for every such offence, be proceeded against by presentment, inform­ation, or indictment, in a Court of Criminal Jurisdiction, to be holden for this island, and if found guilty, shall be punished by fine or imprisonment, or both, at the discretion of the Court wherein such offender shall have been tried and convicted.

CLAUSE 12th.—And it is hereby further enacted, that no Slave or Slaves shall carry any whip, cat, or other instrument of the like nature, as a mark or emblem of his, her, or their authority while superintending the labour of any Slave or Slaves in or upon any plantation or estate; and the person or persons so offending, and each and every person who shall or may direct, authorize, instigate, procure, or be aiding, assisting, or abetting in any such illegal use or exhibition of any such whip, cat, or other instrument, as afore­said, shall be deemed adjudged and taken to be guilty of a misdemeanour, and being thereof convicted, shall suffer such punishment as the Court before which such misdemeanour is cognizable shall in its discretion direct.

CLAUSE 13th.—And be it also enacted by the authority aforesaid, that if any owner or possessor of a Slave or Slaves, or if any person or persons what­soever shall wantonly or cruelly cut, wound, maim, or mutilate, or keep in confinement without sufficient support, any Slave or Slaves, he, she, or they shall be liable to be prosecuted for each and every such offence by information or indictment at any Court of Criminal Jurisdiction to be holden for these islands; and, upon conviction, shall be punished by fine of not less than one hundred pounds nor exceeding five hundred pounds, or by imprisonment not exceeding twelve months, or both, at the discretion of the Court for each and every Slave so injured as aforesaid. And such punishment is declared to be without prejudice to any action that may be brought for the recovery of damages for any loss or injury that shall be sustained by any person or persons interested in such Slave or Slaves in case such Slave of Slaves shall not be the absolute or entire property of the offender. And if it shall happen that the person or persons committing the offences aforesaid against any Slave or Slaves being thereof convicted shall be the owner of such Slave or Slaves, [48] the Court is thereby authorized and empowered to direct the Provost Marshal of these islands, or his lawful Deputy, to take possession of such Slave or Slaves, and to cause him, her, or them, to be forthwith sold and disposed of to such person as he shall judge proper, and for such price as he shall deem fair and adequate, and can be procured for the same; and after deducting the expence of clothing and supporting of such Slave or Slaves while under his care out of the money to arise by such sale, he shall pay such balance as may remain in his hands to the owner as aforesaid; and such sale by the said Provost Marshal General, or his lawful Deputy, shall be deemed valid and sufficient in law to vest the absolute property of such Slaves or Slaves in the purchaser or purchasers thereof; or the said Court, in their discretion, are hereby autho­rized to declare and adjudge such Slave or Slaves to be free and discharged of and from all manner of servitude whatsoever; and to order and direct any part or portion of any, fine by them imposed upon the owner or other person in charge of such Slave or Slaves to be paid by way of annuity out of the public treasury of this island for the support and maintenance of such Slave or Slaves, with which order the Public Treasurer for the time being is hereby strictly enjoined to comply.

CLAUSE 14th.—And be it further enacted by the authority aforesaid, that upon the prosecution of any person for wantonly and improperly punishing or confining a Slave, such person being the owner, possessor, or party under whose immediate charge or protection such Slave may have been, or be the Slave so alleged to be illegally punished, shall and may be produced and examined before the Grand Jury, and if the Grand Jury shall find a bill of indictment against the party so accused, it shall and may be lawful for the Court before which such prosecution shall be instituted, to admit such Slave as a competent witness to be examined on the trial of such indictment, not­withstanding such Slave shall be unable to produce to the Court the certi­ficates required by this Act to render him a competent witness in the cases hereinafter provided for.

CLAUSE 15th.—And be it further enacted, that in case any Justice of the Peace shall receive any complaint or probable intelligence from any Slave, or otherwise, that any Slave or Slaves has or have been wantonly or improperly punished or confined, contrary to the true intent and meaning of this Act, it shall and may be lawful to and for such Justice to associate one or more Jus­tices with him, and for such Justices to issue their warrant to any constable, ordering him immediately to, proceed to the place where such Slave or Slaves is or are, and to bring him, her, or them before the said Justices, who are hereby authorized to commit the said Slave or Slaves to the gaol, or such other place as they shall deem proper, until enquiry shall be made into the facts; and if upon such enquiry it shall be found that the said complaint is true, the said Justices thereupon shall take such, measures as to them may seem proper for the prosecution of the person or persons against whom such complaint is made, and shall and may direct, by warrant under their hands to be directed to the Public Treasurer, such allowance to be paid to such Slave or Slaves as they shall deem sufficient until such Slave or Slaves shall be discharged, or otherwise disposed of; but if it shall appear that such complaint was ground­less, the said Justices shall punish the complainant, and the person giving infor­mation thereof, if a free person, by imprisonment, not exceeding thirty days, and, if a Slave, by any number of stripes not exceeding thirty-nine, or com­mitment to hard labour for a period not exceeding thirty days, and the costs and charges of the prosecution of the offender, and maintenance of the injured Slave or Slaves, shall be borne and paid by the public, unless the Justice before whom such complaint shall be made shall order and direct otherwise.

CLAUSE 16th.—And whereas it is very dangerous to the peace and safety of these islands to suffer Slaves to continue out as runaways, and it is necessary to declare and make known what Slaves shall be deemed runaways, be it further enacted, that any Slave or Slaves who shall be absent from his, her, [49] or their owner or employer without leave on any working days for forty-eight hours, without a ticket or permit shall be deemed a runaway.

CLAUSE 17th.—And be it further enacted, that after any Negro or other Slave is runaway from his or her master, mistress, owner or renter’s service, or the service of any person or persons having the charge of such Slave or Slaves, or who shall escape from confinement, each and every person who shall entertain, harbour, receive, or conceal, or anywise aid, assist, comfort, or give any sustenance to such Slave, knowing him or her to be so runaway, shall upon conviction before One of the Justices of the Peace, for each offence, if a free person, forfeit and pay the sum of ten pounds currency of this island for every Slave so harboured, and the further sum of six shillings per day for each and every day such Slave or Slaves shall be so harboured or employed, and if a Slave, he or she, shall be publicly whipped with any number of stripes not exceeding twenty-five; and if it shall happen that any such offender or offenders, being Slaves, shall be convicted the second time of the like offence, be, she, or they upon such second conviction shall be adjudged to be publicly whipped with any number of stripes not exceeding thirty-nine, and so in proportion for each subsequent offence.

CLAUSE 18th.—And be it further enacted, that 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 or her owner, renter, or em­ployer, or out of the town or plantation wherein his or her owner, renter, or employer actually then is or usually resides (except Negroes employed in bringing water or other necessaries for the use of, or shall be attending upon such owner, renter, or employer) without a permission in writing by him or them signed; and the person so apprehending such Slave is hereby required to conduct, or cause him or her to be conducted in forty-eight hours to the plantation, habitation, or usual place of residence of the owner, renter, or employer of such Slave, who is hereby required to pay the apprehender of such Slave nine shillings if taken up within two miles of such owner, renter, or employer’s plantation or habitation, or the town or plantation wherein or whereon he or she usually resides; or at the time of such apprehending actually had been at least forty-eight hours absent from the service of such owner, renter, or employer; and if taken up at any greater distance nine shillings, and three shillings for every computed mile such Slave is conducted; and if the owner, renter, or employer of such runaway shall refuse to pay such reward and charges if sent to him or her, then such runaway shall be sent to the common gaol, and the Provost Marshal, or his lawful Deputy, is hereby directed to pay the same reward and charges for bringing in the said runaway at the rate per mile aforesaid, and also the sum of nine shillings over and above the said reward and charges. And if such, owner, renter, or employer of such runaway shall detain such runaway in his or her possession, without paying the reward and charges as aforesaid, the same, with the penalty of nine shillings, shall be recovered in a summary manner, before any one Justice of the Peace, upon complaint, and the oath of the informer of such offence, which said Justice shall 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, chattels, or other, effects of such owner, renter, or employer so 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 the goods and chattels of defendants taken in execution by the Provost Marshal of these islands. And it shall and may be lawful for such Constable to take and deduct the same fees as the said Provost Marshal may in like cases legally take, receive, and deduct.

CLAUSE 19th.—And be it further enacted, that the Provost Marshal Gene­ral, or his lawful Deputy, shall receive all runaways into his custody, and if brought, by a Slave to be accompanied by a note from a white or free person, [50] which note the Marshal shall produce if required; and the said Provost Marshal General, or his lawful Deputy, shall keep the said Slave or Slaves in safe custody, and shall affix a list of the names of such runaway Slaves in his custody on the Court-house door, and shall further cause an advertisement to be inserted in the public Gazette of this island, within six days after receiving each Slave into the common gaol, containing the name or names of such Slave or Slaves in his custody, the name of the owner or owners if known, but if not known an exact description of the person of such Slave or Slaves, which advertisement shall be republished once in every month whilst such Slave or Slaves shall continue in gaol and not oftener.

CLAUSE 20th.—And be it further enacted, that in case any negro or other person committed to the common gaol as a runaway Slave, shall alledge him­self or herself to be free, it shall and may be lawful for any Justice of the Peace upon application made to him, to associate with him two or more Jus­tices of the Peace for the purpose of enquiring into the truth of the matters, which Justices shall within ten days after such application cause due notice to be given in the several newspapers of this island, and the said Justices shall investigate, enquire, and examine the truth of such allegation; and if it shall appear to such Justices that such person so detained as a runaway Slave is free, such person shall be forthwith discharged, and in case it shall appear to such Justices that such person is a Slave, he or she shall be remanded to the common gaol: provided always, and it is hereby declared, that the decision of such Justices shall be without prejudice to the party claiming any right or title to such person as a runaway Slave, or to their prosecution by such per­son detained as a runaway, of his or her right or title to his or her freedom, or for damages by reason of his or her illegal detention or imprisonment.

CLAUSE 21st.—And be it further enacted, that the Provost Marshal Ge­neral, or his awful Deputy, shall be entitled to and be paid seven shillings and sixpence for taking such Slave into his custody, and one shilling each twenty- four hours the Slave shall continue in prison for his or her maintenance, and upon the delivery, of any Slave to the owner or possessor of the same, he shall be paid the further sum of four shillings and sixpence, besides the nine shillings for taking up, and three shillings per mile, and the nine shillings penalty which the party who may have brought the said Slave to gaol shall have received; and if any Slave or Slaves shall continue in prison for three months after publication as aforesaid, such Slave or Slaves shall be sold at public sale, and the proceeds of such sale shall, after payment of all lawful charges, together with five pounds per centum commission on the sale, be returned to the owner of such Slave, or if such owner be unknown, to the Treasurer for the time being, for the use of the public until the owner shall appear; and the Provost Marshal, or his lawful Deputy, shall be obliged upon oath to account and pay over once in every year at least, unto the Treasurer for the time being, all such sums of money as he shall have received on account of the sale of such Slaves, under the penalty of one hundred pounds for every neglect or default.

CLAUSE 22d.—And be it further enacted, that no negro or other person de­tained as a runaway Slave of Slaves so claiming their freedom as aforesaid, shall be sold by the Provost Marshal General until such meeting of Justices has been convened and held, and such investigation, enquiry, and exami­nation had, and without the same being certified by the Justices attending such meeting under their hands and seals, and filed with the Clerk of the Crown at the public expense, and the sale of any runaway Slave or Slaves so claiming their freedom, made without such certificate being obtained, shall be, and the same is hereby declared to be null and void to all intents and pur­poses whatsoever.

CLAUSE 23d.—And be it further enacted, that in case the Proyost Marshal General, or his lawful Deputy, shall refuse to pay the person apprehending any [51] runaway the several sums of money hereinbefore directed to be paid, or shall refuse to receive the said Slave so apprehended, or shall neglect or refuse to put up and publish his, her, or their names, or shall wilfully or negligently suffer any runaway received by him to escape, or shall refuse to deliver any runaway to his owner, or possessor, on tender of his legal fees, and all dis­bursements, for every such offence the Provost Marshal General, or his lawful Deputy, shall forfeit and pay a sum not exceeding two hundred pounds current money, to be levied on his goods and chattels by warrant under the hand and seal of any Justice of the Peace to be directed to the Coroner.

CLAUSE 24th.—And be it further enacted, that if any Slave shall run away from his or her owner, or possessor, and continue absent for a term exceeding six months, such Slave being convicted thereof before any two Justices of the Peace shall be sentenced to be confined to hard labour for such time as such Justices shall direct, or be transported for life according to the magnitude of the offence; and if any Slave shall run away as aforesaid, and continue absent for any time not exceeding six months, such Slave upon conviction thereof shall for the first offence suffer such punishment, by whipping or confinement to hard labour not exceeding three months, as the said two Justices shall think proper to direct, but if the said Slave hath frequently run away, and is proved to the satisfaction of such Justices to be an incorrigible runaway, he shall be subject to the same punishment as if he or she had been runaway from his or her said owner or possessor, and continued absent for a term exceeding six months, and such Slave being convicted thereof, shall be sentenced to hard labour, or be transported for life as the said Justices shall direct.

CLAUSE 25th.—And be it further enacted by the authority aforesaid, that it shall and may be lawful for any Justice of the Peace, and he is hereby autho­rised and required, upon complaint made to him on oath that any Slave or Slaves are runaway, and have absented themselves from the service of their owners or employers, to grant a warrant to search for and apprehend all such runaway Slaves, as also such Slaves as the complainant shall have just cause to suspect to be guilty of wilfully entertaining, harbouring, or concealing such runaway Slaves; and it shall and may be lawful for any person or persons so authorised by warrant as aforesaid, to enter any Negro-house or houses, or other place occupied by any Slave or Slaves, either in town or country, by day or night, to search for any Slave or Slaves, having first given notice to the master, owner, manager, or overseer on the plantation to which such house or houses, or other place as aforesaid, belong, or proprietor, or occupier of any house in town not belonging to any such plantation, and after such warrant obtained, and notice given as aforesaid, to break open the door or doors of such Negro-houses or rooms into which admittance shall have been refused.

CLAUSE 26th.—And be it further enacted, that if any Slave or Slaves shall be absent from the plantation to which such Slave or Slaves belong with any fire arms, cutlass, sword, pike, lance, or other hurtful arms, unless such Slave or Slaves shall be so possessed thereof for the purpose of cultivating his mas­ter’s land, or his or their own garden or gardens, not having a ticket from the owner or possessor of such Slave for carrying the same, or not being in com­pany or under the direction of a free person, any person or persons may seize such Slave with the arms or weapons, or the arms and weapons alone, and carry such Slave and arms, or arms only, before a Justice of the Peace, and it shall and may be lawful for such Justice to order such arms to be for­feited.

CLAUSE 27th.—And it is further enacted, that if any person whatsoever shall hereafter sell, barter, or give any Slave any fire-arms, cutlasses, or of­fensive weapons without a ticket or leave from the master of such Slave, he, she, or they shall forfeit ten pounds current money of these islands for each offence.

CLAUSE 28th.—And be it further enacted, that it shall not be lawful for [52] any Slave or Slaves to beat any drum, or use any other loud instruments for their diversion or entertainment after the hour of ten o’clock at night, and if the owner or possessor of any plantatation [sic] in the country, or house in any town in these islands shall knowingly permit his or their Slaves to beat any drums or use any other loud instruments after the hour of ten o’clock at night, such person or persons so offending on conviction before any Justice of the Peace shall forfeit and pay the sum of ten pounds currency.

CLAUSE 29th.—And whereas several Slaves have found means to desert from their owners and depart from these islands, and there is reason to believe that such Slaves have been aided and assisted in such escape and departure by other persons; be it therefore further enacted, that if any person or per­sons whatsoever shall carry off, or attempt to carry off, any Slave or Slaves from these islands, without leave of the owner of such Slave or Slaves, or shall aid, abet, or assist therein, and being thereof convicted, such person or per­sons so offending shall be, and he, she, or they are hereby declared and adjudged to be guilty of felony, without benefit of clergy: and if any free person or persons shall aid or assist, or shall persuade, entice, delude or endeavour to prevail on any Slave in the lawful possession of another to leave these islands, or to go away from the service of the party so in possession, with a view or design of afterwards leaving these islands, such person or persons shall and maybe prosecuted before the Supreme Court of Judicature for a misdemeanour, and shall and may be fined and imprisoned at the discretion of the said Court; and if a Slave or Slaves, he, she, or they shall and may, on conviction before any two Justices of the Peace, be punished by their order, in such exemplary manner, not extending to life or limb, as they shall think fit; and that if any Slave or Slaves shall run away from his or their owner or owners, employer or employers, and go off, or conspire or attempt to conspire to go off from any of these islands in any ship, boat or canoe, or other craft whatsoever, he, she or they so running away, and going off or conspiring and attempting to go off, and being thereof convicted, shall in like manner be punished by the order of any two or more Justices of the Peace, in such exemplary manner, not extending to life or limb, as they shall think fit: provided always, that if any person guilty of having been aiding or assisting only in unlawfully car- ring off any Slave or Slaves as aforesaid, shall voluntarily make discovery and information, on oath before any Justice of the Peace of these islands, of any master of a Vessel or other principal person so carrying off, or ordering and directing the unlawful carrying off of the same, or of any other Slave, so that such master or other principal person shall be apprehended and brought to justice; every offender so discovering and informing shall stand acquitted and discharged of any such his offence then before committed, and for which no prosecution shall then be commenced.

CLAUSE 30th.—And be it further enacted, that if any person or persons (free or Slave) shall be found at unseasonable hours of the night lurking, waiting or loitering near the sea in any part of these islands, and appearing to have cor­respondence with any vessel at anchor or hovering near the coasts of the same, or from any other circumstance suspected to be there with intent to carry off, or to aid or assist in the carrying off of Slaves, any person or persons whatsoever shall and may on the spot, and without warrant, seize and appre­hend such person or persons so lurking, waiting or loitering, and detain him, her or them in custody, until he, she or they can conveniently be carried before some Justice of the Peace; and if such person or persons shall not give a satisfactory account of themselves and of their business there, or otherwise make it appear to the satisfaction of such Justice that they were not therefor any unlawful purpose, every such person shall and may be committed by such Justice for trial for such offence.

CLAUSE 31st.—And whereas great abuses and dangerous consequences have resulted from a practice of many of the inhabitants, both in town and country, selling rum to Slaves without a permission from their owners, renters or [53] employers: for remedy whereof, and prevention of the same, be it enacted by the authority aforesaid, that no person whatsoever by himself, or any Slave, either in town or country, shall sell or barter rum, or any other spirituous li­quors, be the quantity ever so small, to or with any Slave, without a permis­sion under the hand of the owner, renter or employer of such Slave, under the penalty of fifty pounds current money of these islands for each offence.

CLAUSE 32d.—And be it further enacted, that if at any time between the hours of nine o’clock at night and four o’clock in the morning any Slave or Slaves shall be found in any streets, lanes or squares in the town of Saint George, unless such Slave or Slaves shall be in the actual attendance upon his, her or their owner or possessor, or have a permission in writing from such owner or employer, it shall and may be lawful to and for any free person or persons, and he and they, and every of them are hereby authorized and required to apprehend, take up and carry such Slave or Slaves to the cage in the said town, and there deliver him, her or them to the keeper thereof, who is hereby required to keep and detain him, her or them in the said cage until the next morning, unless the owner or employer of such Slave or Slaves shall sooner demand him, her or them.

CLAUSE 33d.—And be it enacted by the authority aforesaid, that if any Slave or Slaves shall be found swearing or uttering obscene language, or committing any indecent act in the public streets, highways or any other place, or gaming, getting drunk in tippling-houses, quarrelling or fighting, cruelly whipping, beating or ill-using any animal, or furiously driving any cart, waggon or other carriage, or shall wilfully gallop, canter or trot any horse or mule within the precincts of the town of Saint George, such Slave or Slaves shall, on conviction before any Justice of the Peace, be punished at the discre­tion of such Justice, not exceeding twenty-five lashes; and all constables are strictly enjoined and required to use their best endeavours to prevent Slaves from gaming, assembling in tippling-houses or grog-shops, or meeting at unlawful hours for the purpose of dancing or otherwise.

CLAUSE 34th.—And be it further enacted, that if any free person or per­sons, or any Slave or Slaves shall knowingly suffer any person to game in any house or outhouse in his charge, or shall be found gaming with any Slave or Slaves, such person or persons shall and may be apprehended and taken before a Justice of the Peace in the parish in which such person or persons shall be apprehended, who is hereby authorized and empowered to inflict on such person or persons, if a Slave or Slaves, such corporal punishment, by whipping, not exceeding twenty-five stripes, as any such Justice shall, upon conviction thereof before him in his discretion order and direct, and if a free person, shall and may commit such free person to the common gaol of this island, for any period of time not exceeding six days.

CLAUSE 35th.—And whereas it is absolutely necessary to use all practi­cable efforts to prevent the many mischiefs that may hereafter arise from the wicked persons going under the appellation of “Obeah men and women,” and pretending to have communication with the Devil and other evil spirits, whereby the weak and superstitious are deluded into belief of their having full power to exempt them, whilst under their pro­tection from many evils that may happen: be it therefore enacted, that any person or persons, whether free or Slaves, who shall pretend to use any art or mystery with the intent, or so as to affect the life or health of any Slave or other person, or who shall mix or prepare, with an intent to give or cause to be given, any poison or poisonous or noxious drug, pounded glass, or other deliterious matter in the practice of obeah, or otherwise, although death may not ensue on the taking thereof; or who shall have in his, her, or their possession any poisonous drugs, pounded glass, parrott’s beaks, dog’s teeth, alligator’s teeth, or other materials notoriously used in the practice of obeah or witchcraft; and in a state of evident preparation for carrying on such dan-[54] gerous and nefarious practice, or who shall be found at any meeting formed either for the purpose of administering unlawful oaths, by drinking human blood mixed with rum, grave dirt, or otherwise, or for any other unlawful or dangerous purpose whatsoever, such person or persons shall, upon conviction thereof, be deemed guilty of felony, and shall suffer death, transportation, or such other punishment as the Court shall think proper to direct.

CLAUSE 36th.—And be it further enacted, that if any person or persons having knowledge of such unlawful practices or meetings as aforesaid, shall not forthwith give information thereof to a Justice of the Peace, such person or persons, if free, shall and may be prosecuted before the Supreme Court of Judication, and on conviction shall suffer such punishment by fine or impri­sonment, or both, as the said Court shall order and adjudge; and if a Slave or Slaves, shall and may be prosecuted before any two Justices of the Peace, and on conviction suffer such punishment by public whipping as such Justices shall direct.

CLAUSE 37th.—And be it further enacted, that if any Slave or Slaves shall enter into or be concerned in any rebellion or rebellious conspiracy, or commit any murder, manslaughter, felony, burglary, or robbery, or wil­fully set fire to any houses, out-houses, Negro-houses, cane pieces, grass, or corn pieces, or break into such houses, out-houses, or Negro-houses, in the day time, no person being therein, and steal thereout, or shall steal any horned cattle, sheep, goat, hog, horse, mare, mule, or ass, or shall kill any such horned cattle, sheep, goat, hog, horse, mare, mule, or ass, with intent to steal the whole carcase or any part of the flesh thereof, or compass or imagine the death of any free person, and declare the same by some overt act, or commit any other crime which would subject free persons to be indicted for felony, such Slave or Slaves shall for such offence or offences be indicted and tried in the Supreme Court of Judicature of this island, in all respects in the same manner as such free persons, and upon conviction thereof, suffer death, transportation, or such other punishment as such Slave, if free, would be liable to suffer; and the Court shall assign counsel for each prisoner or prisoners, and the fees and expenses necessarily incurred in the defence of such prosecu­tion shall be chargeable to the public of this island, and the several accounts thereof be rendered annually to the Committee of Public Accounts, and pro­vided for and paid as other accounts against the public.

CLAUSE 38th.—And be it further enacted, that if any Slave or Slaves, when lawfully committed for any treason or felony, shall escape, break loose, or run away from the place of his, her, or their confinement, such Slave or Slaves shall on conviction thereof be declared guilty of felony, without benefit of clergy; and if any Slave or Slaves who shall have been by sentence of any Court transported from the Government shall return thereto, he, she, or they shall on conviction thereof be declared guilty of felony, without benefit of clergy.

CLAUSE 39th.—And be it further enacted, that if any master of any ship or vessel shall knowingly or wilfully bring back to this island any Negro or other Slave who shall have been transported from this island, under and by virtue of this Act, or any other Act heretofore in force respecting Slaves, such master, being convicted thereof by indictment in the Supreme Court of Judicature of this island, shall forfeit the sum of one hundred pounds for each Slave so brought back, and shall suffer imprisonment at the discretion of the Court for any space of time not less than three months, and not exceeding twelve months, without bail or mainprize.

CLAUSE 40th.—And be it further enacted, that when any Slave shall be sentenced to death, transportion, or confinement to hard labour for life, the Court and Jury before which any such Slave or Slaves so sentenced shall be tried and convicted, shall value the said Slave at such sum as they in their consciences shall deem him or her to be worth, and shall certify the same to [55] the Public Treasurer of the island of Grenada, who is hereby authorised to pay to the owner the amount of the sum mentioned in such certificate; and all Slaves condemned to confinement in chains to hard labour for life, or to be transported, shall from and immediately after such appraisement become the property of the public, and the owner be divested of all claim therein.

CLAUSE 41st.—And be it also enacted, that if any Slave or Slaves shall be guilty of any offence, which, by the laws of England, or the laws in force within this Island, would be deemed petty larceny, misdemeanour, or other inferior offence, for the trial whereof no other provision has been made, such Slave or Slaves shall be tried in a summary manner before two or more Justices of the Peace, reasonable notice of the time and place of such trial being given to the owner or possessor of such Slave or Slaves, or, in his absence, to the attorney or attornies, or other person or persons having the care of such Slave or Slaves; and the said Justices of the Peace shall, on conviction of such Slave or Slaves, order and direct such corporal punishment as they shall think proper, not exceeding fifty stripes, or imprisonment for any term not exceeding six months, or confinement to hard labour.

CLAUSE 42d.—And be it enacted, that the clerk to the Magistrates of the parish, town, or district, before whom any Slave shall be tried, shall receive for his attendance and making out the order of the Magistrate on such trial the sum of thirty-six shillings per day; and the constable, for attending the trial and execution of the order of the Magistrates thereon, shall receive the sum of eighteen shillings per day, which said several fees shall be paid upon the order of the Magistrates either by the prosecutor, the proprietor of the Slave, or, in his absence, on his account by his attorney, or the person having charge of the Slave against whom complaint is made, or by the public, at the discretion of such Magistrates.

CLAUSE 43d.—Whereas it is necessary that all public punishments of Slaves, in pursuance of the sentences of one or more Magistrates, under and by virtue of this Act, should be inflicted under the direction of a prudent and discreet person; be it therefore enacted, that the superintendence of all cor­poral punishment, in pursuance of any sentence or sentences of any one or more Magistrates, shall be annexed to the office of the clerks of the markets of the respective towns within this island, who shall severally provide a proper person or persons, at his or their own expence, to inflict all such punishment, and shall keep and take care of all such Slaves during their confinement in the cage; and the said clerks of the markets shall be entitled to demand from the Public Treasurer of this island, for the superintendence of each punishment, the sum of six shillings currency.

CLAUSE 44th.—And whereas frequent thefts and burglaries have of late taken place, and there is reason to believe that such thefts and burglaries have been committed by free persons, aided and assisted by Slaves: and whereas it will tend very much to the protection of property and to social order to admit the testimony of Slaves in certain cases, be it therefore enacted, by the au­thority aforesaid, that from and after the publication of this Act, if any free person or persons shall be found associating with any Slave or Slaves, gaming, dancing, drinking in tippling-houses, or in the commission of any crime or offence, or who shall harbour or employ any runaway Slave or Slaves, knowing them to be such, the testimony of any Slave shall be received against such free person or persons in all cases except where the life of such free person or per­sons may be affected.

CLAUSE 45th.—And whereas by the laws at present in force for regulating the public markets the hours thereby limited may not afford sufficient time for the sale of provisions and other articles necessary for the consumption of the inhabitants, be it therefore enacted, by the authority aforesaid, that, in addition to the time already appointed for holding such markets, the market [56] hours on Thursday throughout the year shall be extended from six o’clock in the morning until six o’clock in the evening.

CLAUSE 46th.—And be it further enacted, by the authority aforesaid, that no shop or store in any of the towns in this island shall be kept open on Sun­days, under a penalty of ten pounds for every offence; provided that nothing herein contained shall extend to prevent the dressing or selling meats, bread, fish, and other necessaries of life, on that day, by any person or persons whatsoever.

CLAUSE 47th.—And be it enacted, by the authority aforesaid, that when any person or persons shall be charged or accused of the crime of murder, fe­lony, or other offence, which, under the laws now in force, shall subject any person or persons to suffer death or transportation, it shall and may be lawful to examine as a witness or witnesses, on his, her, or their corporal oath or oaths, any Slave or Slaves before any Judge, Justice of the Peace, Grand Jury, or Petty Jury, in any Court within these islands having cognizance of such crimes; provided always that the Slave or Slaves produced as a witness or witnesses shall produce before such Judge, Justice of the Peace, or the Court to which such Grand Jury or Petty Jury are summoned, a certificate of his, her, or their baptism, under the hand of the clergyman of the parish in which he, she, or they shall have been resident at the time of his or their baptism, or an extract of the entry of such baptism from the registry of such parish or cure; and also a certificate, under the hand of a clergyman, or of the proprietor, or attorney of the proprietor of such Slave produced as a witness or witnesses, that such Slave or Slaves is or are of good character and repute, and that he, she, or they has or have been so far instructed in the principles of religion as in the judgment of the party certifying adequately to understand the nature and obligation of an oath; and provided also, that if, on exami­nation by the Court before which such Slave or Slaves is or are produced as a witness or witnesses, the Court shall be satisfied with such certificates, and of the accuracy of the facts therein certified; and provided also, and it is hereby expressly declared, that no white or free person shall be convicted of any of the crimes aforesaid on the testimony of any Slave or Slaves, unless two of the Slaves produced as witnesses shall, clearly and consistently with each other, depose to the same fact or circumstance; and also unless such testimony shall be corroborated by circumstantial evidence to the satisfaction of the Court and Jury; and provided that no white or free person shall be convicted of any of the crimes aforesaid on the testimony of any Slave or Slaves, unless the per­son or persons be charged and prosecuted for the same crime or crimes within twelve months after the commission thereof; and the clergyman of each parish within these islands and the island of Carriacon shall, under a penalty of ten pounds for each name omitted, enter in a book to be kept for the purpose the names of such Slave or Slaves, and the estate or owner to whom such Slave or Slaves shall belong, as such clergyman shall baptize; and shall, and he is hereby required to give each Slave so baptized a copy of such entry, which shall be lodged in the Register’s office for registration in a book to be kept for that purpose, and in default of such registration no certificate shall be deemed valid; and each and every Slave omitting to register the certificate, shall, during the time the certificate remains unregistered, be disqualified to give evidence before any Judge, Justice of the Peace, Grand Jury, or Petty Jury in any Court within these Islands.

CLAUSE 48th.—And be it further enacted, by the authority aforesaid, that whenever any question, shall arise touching the liberty of any person detained or claimed as a Slave, the proof of the slavery shall in all such cases lay upon the claimant of such person as a Slave; and that when the competency of any person as a witness in any Court of Justice, or other tribunal, shall be dis­puted on the ground of his or her being a Slave, the party taking such ob­jection shall be bound to prove the slavery to the person so challenged or ob­jected to as aforesaid.

[57]

CLAUSE 49th.—And be it further enacted, by the authority aforesaid, that in case any Slave or Slaves shall wilfully and corruptly give false evidence on any trial had under this Act, such Slave or Slaves shall receive such punish­ment, by whipping or otherwise, as the Justice or Justices trying the cause, or before whom such false evidence is given, shall think proper to direct.

CLAUSE 50th.—And be it further enacted, by the authority aforesaid, that it shall not be lawful for the Provost Marshal, or his lawful Deputy, or any other person, to levy upon and sell, in execution of any judgment, sentence, or decree of any Court of Justice, or order of any Justice of the Peace, or other authority whatsoever, any married Slave having a child or children un­der the age of twelve years, or any female unmarried Slave having a child or children under the age aforesaid, who may be the property of the same person or persons, unless such married Slave or Slaves’ child or children, or such un­married female Slave and child or children, shall be sold together to the same person or persons; and if in the execution of any such judgment, sentence, decree or order, any Slave or Slaves shall be sold separate and apart from their husband or wife, or child or children; or if any such unmarried female Slave and child or children shall be sold separate and apart from each other, such sale shall be absolutely null and void to all intents and purposes whatsoever.

CLAUSE 51st.—And be it further enacted by the authority aforesaid, that in case any owner or owners of any Slaves, on which any mortgage, settle­ment, lease or other charge may have been executed, may be desirous to give manumission to any such Slave or Slaves, it shall and may be lawful for such owner or owners to manumit the same without the permission of the mort­gagee, lessee or other incumbrancer, or when such consent or permission of such incumbrancer cannot be obtained on substituting another or other Slave or Slaves of equal value in the place of such manumitted Slave; and such owner or owners shall and may apply to any two or more Justices of the Peace to nominate one or more person or persons for the purpose of valuing such Slave or Slaves so proposed to be manumitted and substituted; and the said Justices are hereby required to make such nomination of appraisers, who shall make an impartial appraisement of the Slave or Slaves so proposed to be manumitted and substituted, and certify the same under their hands to the said Justices, and if it shall appear to the satisfaction of such Justices that the value of the Slave or Slaves to be substituted is or are of equal value with the Slave or Slaves so proposed to be manumitted, they are hereby authorised and required to grant a certificate of such valuation; and there­upon such owner or owners shall and may grant such manumission as afore­said, and the same shall be as valid and effectual as if such mortgage, settle- merit, lease or other charge did not exist.

CLAUSE 52d.—And whereas by the usage of these islands, Slaves have been permitted to acquire, hold and enjoy personal property free from the controul or interference of their owners, and it is expedient that such laudable custom should be continued and established by law; be it therefore enacted by the authority aforesaid, that if any owner or possessor of any Slave or Slaves, or any other person or persons whatsoever, shall unlawfully take away from any Slave or Slaves, or in any manner deprive, or cause him, her or them to be deprived of any species of personal property by him or them possessed, such person or persons shall forfeit and pay the sum of ten pounds over and above the value of any such property so taken away as aforesaid.

CLAUSE 53d.—And be it further enacted by the authority aforesaid, that in all cases where the evidence of Slaves is admitted to be given in any Court or Courts of Justice in this island, under and by virtue of this Act, a writ of subpoena shall and may issue under the hand of the Secretary of the island, or his lawful Deputy, and under the seal of the Court in the usual manner, upon the application of any person or persons requiring the testimony of such Slaves, directed to the owner or possessor of such Slave or Slaves, or the person under [58] whose immediate charge such Slave or Slaves may be, requiring him or them under the penalty of fifty pounds to bring and produce, or cause to be brought and produced, in Court such Slave or Slaves for the purposes aforesaid.

CLAUSE 54th.—And be it further enacted, that all penalties and for­feitures in this Act mentioned, not exceeding ten pounds, shall be recovered before any Justice of the Peace in the parish wherein the offence shall have been committed, who is hereby authorized and empowered to issue his warrant to summon the party or parties complained of before him, and on conviction to enforce payment by warrant of distress against the offender or offenders, directed to the Provost Marshal or his lawful Deputy, or to the Constable or Constables of such parish, which penalties shall be paid into the hands of the party or parties complaining; and all penalties exceeding ten pounds shall be recovered in the Supreme Court of Judicature by action of debt, bill, plaint, or information, one, half whereof shall be paid to the informer, or him or them who shall sue for the same, and the other half to be paid to the Public Trea­surer of this island for the public uses of the colony: provided always, that all proceedings for the recovery of all penalties under this Act, shall be insti­tuted within four months after the offence committed.

CLAUSE 55th.—And be it further enacted by the authority aforesaid, that this Act shall not be in force until His Majesty’s pleasure be signified in this colony.

Passed the Assembly this 21st day of April 1825.

(Signed) JOHN CH. KER, Clerk of Assembly.

Passed the Council this 22d day of April 1825.

(Signed) JOHN DOUGLAS, Acting Clerk of Council.

Dated at the town of St. George, in the island of Grenada, this 26th day of April, in the sixth year of the reign of our Sovereign Lord George the Fourth, by the Grace of God of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, and in the year of our Lord 1825.

(Signed) JNO. HOYES, Speaker.

Assented by his Honour the President and Commander-in-Chief, this 26th day of April in the year of our Lord 1825, and in the sixth year of His Majesty’s reign.

(Signed) JOHN DOUGLAS, Acting Clerk of Council.

Proclaimed in the town of Saint George, in the island of Grenada, this 7th day of May, in the sixth year of His Majesty’s reign and in the year of our Lord 1825.

(Signed)         J. BOUCHER, P. M. General.

(Signed)         GEO. (L.M.S.)  PATERSON.