An Act for the further regulation of the provost-marshal's proceedings in the sale of negro and other slaves taken by virtue of writs of venditioni exponas.

WHEREAS several inhabitants of this island have been greatly injured in their property, and many more may suffer in the like manner, by the shortness of the notice which by law the provost-marshal and his lawful deputies is and are obliged to give of the sale of negro and other slaves, taken by virtue of writs of venditioni exponas; which notice, as the law now stands, is but five days; by which means, negro and other slaves have been sold by virtue of such writs, of which negro and other slaves, the party or parties against whom such writs have been issued had only the possession, but had no property in the said negro and other slaves, who were either mortgaged, entailed, subject to dower, the property of minors, or under lease; and from the shortness of the said notice, and the distance of the places where such negro and other slaves are sold, the right owner or owners, his, her, or their representative or representatives is and are deprived of the opportunity of stopping such sales by writs of replevin. 

 

II. AND whereas many negro and other slaves, under the aforesaid circumstances, have been sold as aforesaid, and have been sent off the island by the purchaser or purchasers, to the great loss, damage, and injury of the right owners; who, as the law now stands, can have no redress or remedy either against the provost-marshal, his deputies, or the purchaser or purchasers sending off such negro or other slaves for remedy whereof, and to prevent the like practices for the future, may it please your Most Excellent Majesty that it may be enacted, and it is hereby enacted and ordained by the Governor, Council, and Assembly of this your Majesty's island of Jamaica, that from and after the first day of February, which will be in the year of our Lord one thousand seven hundred and sixty-nine, on affidavit being made by the owner or owners of negro and other slaves so taken by the provost-marshal, or his lawful deputy or deputies, by virtue of writs of venditioni exponas, or by the attorneys, executors, administrators, or guardians of such owner or owners, or by any mortgagee or mortgagees, or by his, her, or their representative or representatives, before any one of the judges of the Supreme court of Judicature of this island, or before any one of the commissioners appointed by law to take affidavits out of court, in matters relating to the said Supreme Court; who are, and each of them is hereby empowered and required to take the same, that such negro or other slaves so taken as aforesaid, are not the property of the party or parties against whom such writ or writs of venditioni exponas have been issued, nor liable to his or their debt, but are the property of the deponent, or of the person or persons whom he, she, or they represent, either in right of mortgage, entail, dower, right of minors, or are under lease, as the case may happen; that then the provost-marshal or his deputies, being daily served with such affidavit, shall, and he and they are hereby enjoined, directed, ordered, and obliged to suspend and stay the sale of such negro or other slaves in such affidavit named, specified, and mentioned, for the space of twenty days; that the owner or owners of such negro or other slaves, mortgagee or mortgagees, his, her, or their attorneys, executors, administrators, or guardians, may have sufficient time to prevent such sale, by issuing a writ or writs of replevin against the provost-marshal, or his deputies, for the recovery of such negro or other slaves; and law, custom, or usage, to the contrary in any wise notwithstanding. 

 

III. PROVIDED always, That such affidavit or affidavits of the property of such negro or other slaves being made by the owner or owners of such negro or other other [sic] slave shall be positive; but such affidavit being made by the attorney or attorneys, executor, or guardian of such owner or owners, mortgagee or mortgagees, shall be to the best of their knowledge and believe.

 

IV. PROVIDED also, and it is the true intent and meaning of this act, That if the party or parties making such affidavit as aforesaid shall not, within the space of the said twenty days, issue out his, her, or their writ of replevin, against the said provost-marshal or his deputies, for the recovery of such negro or other slaves, than then it shall and may be lawful for the said provost-marshal, or his deputies, to proceed to the sale of such negro or other slaves as if such affidavit had not been made; and law, custom, or usage to the contrary notwithstanding.