An act to prevent improper levies being made on the negroes or other slaves of minors; and to regulate the sales of slaves taken on writs against persons who have only an estate for a term of years, or for their own lives, or for the lives of any other persons, in negro or other slaves.

 

Enacts, Clause 1.--- “That, from and immediately after the passing of this act, if any guardian or guardians, trustee or trustees, lessee or lessees, or other person or persons having possession of the estate of any minor or minors, shall wilfully deliver up the slave or slaves of such minor or minors to the provost-marshal, or any of his deputies, or be wilfully aiding or assisting, or in any manner consenting, to the said provost-marshal, or any of his deputies, making a levy on the slave or slaves of such minor or minors, by virtue of any writ or writs whatsoever which hath or have been issued for such debts as such slave or slaves is or are not liable to, such guardian or guardians, trustee or trustees, lessee or lessees, or such other person or persons, having possession of such estate, shall be deemed guilty of a misdemeanor , and, on conviction thereof, shall suffer such fine and imprisonment as the judges of his majesty’s supreme court of judicature, or the justices of the assize or count courts of this island, where the offender shall be tried, shall think proper to inflict.

 

Clause 2.--- “That if the provost-marshal, or any of his deputies shall corruptly or knowingly make a levy upon, and sell any slave or slaves of any minor or minors, upon any writ or writs whatsoever, which shall not be for such debt or debts as the estate or estates of such minor or minors are liable to, such provost-marshal, or such of his deputies, shall forfeit the sum of two hundred pounds for every slave so levied on: Provided always, That if the provost-marshal or any of his deputies, shall ignorantly, and without any evil design, make a levy on the slave or slaves of any minor or minors, by virtue of any writ or writs issued, for which the slave or slaves of such minor or minors is or are not liable, it shall and may be lawful for the chief justice of this island  for the time being, or any assistant judge of the supreme court of judicature for the time being, on the application of the guardian or guardians, trustee or trustees, lessee or lessees, of such minor or minors, or of any other person or persons in the possession of the estate of such minor or minors, and on due proof that the slave or slaves, so levied upon, are not liable for said debt, to order the said slave or slaves, so levied upon, to be delivered back; and in all cases where the proof may not be fully made out, or be doubtful, to prevent any sale being made of any such slave or slaves, until the party or parties, plaintiff or plaintiffs, or persons otherwise entitled to the benefit of such writ or writs, shall make it appear, upon a full hearing of all parties in the supreme court of judicature of this island, that such slave or slaves is or are liable to such writ or writs: And, in case any guardian or guardians, trustee or trustess [sic], lessee or lessees, on any other such person or persons as aforesaid, knowing such levy to have been made, shall wilfully neglect, his, her, or their, duty herein, and not, before sale of such slave or slaves, make such application as aforesaid, such guardian or guardians, trustee or trustees, lessee or lessees, or such other person or persons in possession of the estate of such minor or minors, shall be deemed to be aiding, assisting, or consenting to, such levy, and, on conviction thereof, shall suffer in the same manner as if he, she, or they, had been guilty of wilfully delivering up such slave or slaves to the said provost-marshal, or his deputy.”

 

Clause 3.--- “That in case no assistant judge shall happen to be met with, within twelve miles of the place or estate where such levy shall have been so made, that then it shall and may be lawful for the custos of the parish or precinct, or, in his absence, the chief judge or any of the assistant judges of the court of common pleas in the said parish or precinct, to act in the same manner, and with the same powers given to the chief justice or any assistant judge of the supreme court of judicature, on the application being made to him by such guardian or guardians, trustee or trustees, lessee or lessees, or other person or persons having possession of such estates as aforesaid: And the provost-marshal, and his deputy, are hereby required, under the penalty of five hundred pounds, to postpone the sale of any slave or slaves, so taken, for thirty days, on notice being given, in writing, that such application hath been or will be made within ten day after such notice.”

 

Clause 4.--- “ That whenever the provost-marshal, or his deputy shall make a levy on the slave or slaves in the possession of any person or persons who have only an estate for a term of years, or for his, her, or their, own life or lives, or for the life or lives of any other person or persons, in such slave or slaves, the said provost-marshal or his deputy, knowing the slave or slaves so levied on to be thus circumstanced, or being so informed upon oath by the debtor or any other person whatsoever, is hereby required, under the penalty of five hundred pounds, to give public notice, at the time of sale, to every person attending as a purchaser, that the debtor or defendant hath only such estate as aforesaid in such slave or slaves so levied on, and to be sold by him: And, after such sale, and before delivery, the purchaser or purchasers of such slave or slaves shall give security, by entering into a bond to our sovereign lord the king, his heirs and successors, in the penalty of two hundred pounds for every negro or other slave such person shall purchase, that he will not himself ship, or for his use or benefit, cause or consent to have such slave or slaves shipped or sent, from this island, or concealed within the same, and that he will not sell or dispose of such slave or slaves to any other person or persons, to be by him, her, or them, shipped off, or sent from this island, or concealed within the same; which bond shall be lodged in the office of the secretary of this island, for the use and benefit of the person or persons who may have the right in remainder or reversion in and to such slave or slaves.”

 

Clause 5.--- “That if any purchaser or purchasers shall afterwards ship off, or send from this island, or conceal within the same, or sell such slave or slaves to any other person or persons with any such intent, or for any such purpose, such purchaser or purchasers, and person or persons purchasing from him, her, or them, with such intent, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall suffer such fine and imprisonment as the judges of his majesty’s supreme court of judicature, or the justices of the assize or county courts in this island, where the offender shall be tried, shall think proper to inflict.”

 

Clause 6.--- “That no fine or imprisonment, which the offender or offenders against this act may suffer, shall do away such bond given as before required; but that the same shall remain in full force and virtue against him, her, or them, for the recovery of such damages as it may appear the person or persons intitled in remainder or reversion hath or have suffered.”

 

Clause 7.--- “That when any negro or other slaves are taken upon any writ or writs of venditioni exponas, the provost-marshal or his deputy, shall give public notice, at least fifteen days before the sale of such slaves (which notice shall be written fair, and fixed up in two of the most public places in the parish where such slaves are to be sold), setting forth in such notices the day of sale, and upon what writ or writs, and against whom, such slaves have been levied on, under the penalty of five hundred pounds.” (See 36 Geo. 3. cap. 10, sec. 30,---and 38 Geo. 3. cap. 23, cl. 8.)

 

Clause 8.---” That all and every of the penalties herein-before mentioned shall be, one moiety to his majesty, his heirs and successors, for and towards the support of the government of this island, and the contingent charges thereof, and the other moiety to him, her, or them, who shall sue for the same.”