An Act to regulate the selling of Gun-powder, and to prevent the selling of Fire-arms to Slaves.

WHEREAS, by the sale of gunpowder without restriction, it often falls into the hands of negro and other slaves, which may prove of pernicious consequence to the inhabitants of this island, if not timely prevented; may it please your most excellent Majesty that it may be enacted; be it therefore enacted by the Governor, Council, and Assembly of this your Majesty's island, and it is hereby enacted by the authority of the same, That no person whatsoever within this island shall, after the one and twentieth day of February next, sell, or otherwise dispose of by retail, in any quantity less than twelve pounds weight, any sort of gunpowder to any person whatsoever within this island, (except as herein after is expected) before such person shall have first obtained a licence, under the hand and seal of the Governor or Commander in Chief for the time being; which licence is not to be granted but upon a certificate from the Justices and Vestry of the parish where such person resides, that he is duly qualified, and fit to be trusted with the sale of such powder; which certificate shall be recorded in the Secretary's Office before such licence shall be granted; and such person or persons, obtaining such licence or licences as aforesaid, shall be obliged before he or they shall vend, sell, or dispose of any powder, to take the following oath before a Justice of the Peace of the precinct where he or they reside, viz.

 

I A.B. do swear, That I will not vend, sell, or dispose of, or suffer any person or persons in my service or employ, or under my command, to vend, sell, or dispose of any gunpowder to any white person or persons, not knowing them to be house-keepers, unless such person or persons shall have a certificate from some Justice of the Peace of the precinct where he or they shall reside, or Commission-Officer of the company or troop of militia to which he or they belong, that they are persons of proper to be entrusted with the same; and that I will not vend, sell, dispose of, or deliver or suffer to be vended, sold, disposed of, or delivered to any free Mulatto, negro, or Indian, any powder without a certificate from the captain of the company in the precinct to which he belongs, and that I will not vend, sell, dispose of, or deliver, or suffer to be vended, sold, disposed of, or delivered, any powder, to any Mulatto, Negro, or Indian slave, upon any pretence whatsoever.

 

So help me God.

 

And that no person shall a licence granted unto him or them, for the sale of powder, as aforesaid, without first becoming bound to our Sovereign Lord the King in a bond, with sufficient surety or sureties, in the Secretary's Office of this island, in the sum of five hundred pounds, for the due performance of the said trust, agreeable to the said oath; and that there shall not be licences granted to more than one person in each of the three towns of St. Jago de la Vega, Port-Royal, and Kingston, where powder shall be sold by retail as aforesaid only, (except as herein after is excepted;) and for each of which licences the person or persons to whom they are granted shall pay for the same, together with the bond, to the Secretary of this island, the sum of fifteen shillings, and no more; and that no person or persons whatsoever, not having a licence as aforesaid, shall vend, sell, dispose of, or deliver any gunpowder by retail in a quantity less than twelve pounds eight (except as herein after is excepted) under the penalty of fifty pounds, and of suffering six months imprisonment, without bail or mainprize. 

 

II. AND be it enacted by the authority aforesaid, That if any person whatsoever shall, ten days after the passing of this act, sell to any negro, or other slave, any gunpowder, every such person shall forfeit the sum of fifty pounds, and shall suffer six months imprisonment; and if any person, having a licence to sell powder, shall sell to any negro, or other slave, any quantity of gunpowder, after the above limited time, every such person, over and above the said forfeiture and imprisonment, shall be guilty of wilful and corrupt perjury, and be punished accordingly.

 

III. AND be it further enacted by the authority aforesaid, That no person whatsoever shall, ten days after the passing this act, sell to any slave or slaves any gun, pistol, or other fire-arms, under the penalty of forfeiting fifty pounds, and of suffering six months imprisonment. 

 

IV. AND be it further enacted by the authority aforesaid, That the person so licensed to sell powder and ammunition in any of the three towns, shall, in order to prevent any dangers that may happen, be obliged to put and keep all his powder, except the quantity of two barrels at a time, in the magazines; and the captain of the fort, and all others that have the custody of the said magazines, or any of them, are hereby obliged and required to receive and keep the said powder, and deliver out the same as occasion shall require, under the penalty of one hundred pounds; for which he shall have and receive from the owner at and after the rate of two shillings and six pence per barrel. 

 

V. AND to prevent such persons to whom such licences shall be granted as aforesaid, from extorting or demanding a larger price than what is common and usual for gunpowder; be it enacted by the authority aforesaid, That they, or any of them, shall not demand or receive any greater prices than such as shall from time to time be settled by the Justices and Vestries of the said respective towns, or the major party of them, for the best pistol-powder under the penalty of forty shillings for every such offence; to be recovered upon the oath of any one white person, before any of his Majesty's Justices of the parish where the offence shall be committed; one half whereof shall be to the informer, and the other half to the poor of the parish where the offence shall be committed; any law, custom, or usage to the contrary in any wise notwithstanding. 

 

VI. PROVIDED always, and be it nevertheless excepted and further enacted, That it shall and may be lawful for the Commanding-Officer of each parish, or the Captain or Commanding-Officer of each troop or company belonging to any of the regiments of militia within this island, to sell to any person or persons belonging to his or their regiment, troop, or company, any quantity of powder not exceeding two pounds at any one time. 

 

VII. AND be it enacted by the authority aforesaid, That all penalties in this act mentioned, exceeding forty shillings, and not said how they shall be recovered, shall be recovered in his Majesty's Supreme Court of Judicature of this island, by action of debt, bill, plaint, or information; wherein no essoin, protection, or wager of law shall be allowed, or Non vult ulterius prosequi be entered; any law, custom, or usage to the contrary in any wise notwithstanding; one half of which penalties or forfeitures shall go to his Majesty, his heirs and successors, for the contingent charges of the government of this island; and the other half to him or them who shall sue for the same. 

 

VIII. AND be it further enacted by the authority aforesaid, That the Secretary of this island do forthwith cause this act to be printed, and copies thereof transmitted to the Justices and Vestries of the respective parishes in this island; and do also forthwith cause a copy thereof to be fixed up in the most noted place of each of the said three towns.