An ACT to provide further Regulations for such Slaves as have been admitted into this Island; and to regulate the Admission of Slaves of a certain Description.

WHEREAS further regulations are necessary for such slaves as have already been admitted into this island: May it please your Majesty that it may be enacted; and be it enacted by the Lieutenant-Governor, Council, and Assembly of this island, and it is hereby enacted by the authority of the same, That, within the space of ten days from and after the passing of this act, every person, not being a natural-born subject of his Majesty, residing or being in any part of this island, owning or possessing any slave or slaves brought into this island, from any other palce than the coast of Africa, shall, either by him or herself, or agent, being a white person, produce such slave or slaves before the Clerk of the Peace of the parish in which such person shall reside or be, or the lawful deputy of such Clerk; and such Clerk or Deputy shall, for every such slave so produced, give a certificate in the following form:

 

Clerk of the Peace Office, for the parish [blank] of [blank] dated [blank]

 

“These are to certify, that on [blank day [A.B. or his or her agent] hath produced at this office a negro or mulatto slaves [the name, country, size, figure, age of the slave to be described] the property of [blank] [the name, country, rank, and occupation of the proprietor, to be described] resident [blank] since [blank]

 

And such Clerk or Deputy shall make an entry of every such certificate, in the words thereof at length, in a book to be by him provided and kept for that purpose: And a return shall be made by the Clerk of the Peace of every parish in this island, written seven days after issuing such certificate, to the Custos or chief Magistrate of the respective parish, of the certificates so granted by such Clerk or his Deputy; which return shall set forth the substance and date of every such certificate, under penalty of forfeiting the sum of ten pounds for each neglect; And, upon such return being so made, each Clerk making the same shall be entitled to receive the sum of five shillings for every certificate by him granted, and in the return set forth; which shall be paid him by the Receiver-General for the time being, out of any monies that may be in his hands, upon the order of the Custos or chief Magistrate of every such parish; and in case any such certificate shall be lost or destroyed by accident, the same shall be renewed, upon application of the owner or possessor of the slave, either personally or in writing, for whom the same shall have been granted, and such slave being again produced before the Clerk of the Peace who shall have granted the original so lost or destroyed, upon being paid the sum of five shillings by the party applying for the same

 

[Clause 2] And be it further enacted by the authority aforesaid, That it shall be lawful for any peace-officer of any parish in this island, and for any officer or private of the Town Guard of Kingston, to apprehend every such slave, who, after the expiration of ten days from the passing of this act, shall be found without such certificate as aforesaid, and carry such slave before the Clerk of the Peace of the parish for examination by two Magistrates: And if it shall thereupon appear, that such slave has not been certificated in manner aforesaid, such slave shall, by order of such Magistrates, sold by the Provost-Marshal or his lawful Deputy, for transportation, and be transported accordingly: And the monies to arise from such sale, after deducting therefrom a commission of five pounds per cent and all other necessary expences, shall be applied in the following manner: One moiety thereof to the use of his Majesty, his heirs and successors, for and towards the support of the government of this Island, and the other moiety to the person or persons apprehending such slave or slaves: And if it shall appear that such slave had been certificated as aforesaid, but that such certificate had been lost or destroyed by the negligence of such slave, the Magistrates may, in their discretion, commit such slave to a gaol or workhouse for any time not exceeding twenty-four hours. And for every slave so apprehended for examination as aforesaid, the person apprehending the same shall be entitled to receive the sum of ten shillings: to be paid by the order of such Magistrates upon the Receiver-General for the time being; who is hereby authorized and required to pay the same.

 

[Clause 3] And be it further enacted by the authority aforesaid, That if any constable, peace-officer, or any other person, shall wilfully destroy such certificate, he shall, so being duly convicted thereof before any two Magistrates of the parish where the offence shall have been committed, be fined in a sum not exceeding twenty pounds, and be kept in confinement in one of the gaols of this island until the fine be paid, provided such confinement shall not exceed the term of three months.

 

Provided nevertheless, and be it further enacted, That nothing in this act shall be construed to extend to any person whatsoever who shall have been naturalized, and resident in this island on or before the 1st day of January, 1792.

 

[Clause 4] And whereas much danger is to be apprehended from the admission into this island of slaves now or heretofore the property of persons not being natural born subjects of his Majesty: Be it enacted by the authority aforesaid, That from and after six days after the passing of this act, the Master or Commander of every ship, vessel, or boat, which shall arrive in any port of this island, shall immediately on his arrival, declare upon oath, to the Collector or Comptroller of the Custom of such port, whether there are, to the best of his knowledge, any negro or other slave or slaves on board his said vessel; and shall, in his said declaration, specify the number and sexes of such slave or slaves, if any on board his said vessel

 

[Clause 5] And be it further enacted by the authority aforesaid, That the Master or Commander of every ship, vessel, or boat, so arriving as aforesaid, who shall neglect or refuse to make such declaration on oath as aforesaid, shall, for every such offence, forfeit and pay the sum of seventy pounds for each and every such slave who shall have been on board at the time of the arrival of such ship, vessel, or boat as aforesaid; one moiety whereof shall be to his Majesty, his heirs and successors, for the support of the government of this island, the other moiety to the informer or informers; to be recovered before any two Magistrates acting in and for the parish in which such offense shall have been committed: And that it shall and may be lawful for the Collector or Comptroller, who are hereby required and enjoined, under a penalty of one hundred pounds, to detain such ship, vessel, or boat as aforesaid, until the same shall have been paid.

 

[Clause 6] And be it further enacted by the authority aforesaid, That, from and after six days after the passing of this act, it shall not be lawful for any Master or Commander of any ship, vessel, or boat, arriving in any part of this island, to land or suffer to be landed any slave or slaves, without a permit in writing from the Collector or Comptroller of the Customs of such port where he shall arrive, under pain of forfeiture and certification of the ship, vessel, or boat, and of the tackle, furniture, and apparel thereof.

 

[Clause 7] And be it further enacted by the authority aforesaid, That no Collector or Comptroller of the Customs shall grant to any Master or Commander of any ship, vessel, or boat, so arriving as aforesaid, any permit, except as hereinafter mentioned, to land or suffer to be landed any such slave or slaves as aforesaid, under a penalty of two hundred pounds for each and every slave so permitted to be landed: to be recovered in the Supreme Court or Courts of Assize in this island; one moiety thereof to the use of his Majesty, his heirs and successors, for the support of the government of this island, and the other moiety to the person suing for the same. 

 

[Clause 8] And be it further enacted by the authority aforesaid, That it shall and may be lawful for any Collector or Comptroller of the Customs to grant a permit for the landing of one domestic slave, and no more, for each and every officer, civil or military, actually employed in his Majesty;s service, not being a natural-born subject; any thing in this or any other act to the contrary in anywise notwithstanding.

 

[Clause 10] And be it further enacted by the authority aforesaid, That every such Custom-house officer as aforesaid shall, with all convenient speed, transmit to the Governor or Commander in Chief of this island, copies of all such permits as shall be by them delivered to such Master or Commander of all such ship, vessel, or boat as aforesaid.

 

[Clause 11] And be it further enacted by the authority aforesaid, That all permits herein before required to be given by any Collector or Comptroller of the Customs shall be given without any fee or reward whatever; but such Collector or Comptroller shall be entitled to receive ten shillings for each declaration on oath, permit, and return, made by him or them to the Governor or Commander in Chief of this island; and on the said return being made, the Commander in Chief is hereby authorized and empowered to direct the Receiver-General to pay the same to the person so entitled, out of any monies that may be in his hands.

 

[Clause 12] And be it further enacted by the authority aforesaid, That every slave sold for transportation under or by virtue of this act, who shall be found at large within his island thirty days after such sale, such slave may be apprehended by any person whomsoever, and immediately taken before any of his Majesty’s Justices of the Peace; and if it shall be made appear, to the satisfaction of the said Justice of the Peace, that such slave had been formerly sold by virtue of this act, such Justice of the Peace, by warrant under his hand and seal, shall direct such slave to be delivered over to the Provost-Marshal, or his lawful Deputy, to be re-sold for transportation only: And the monies arising from such sale, after deducting a commission of five per cent, and all necessary expences, shall be paid over, one moiety thereof to the person who shall apprehend such slave, and the other moiety to his Majesty, his heirs and successors, for and towards the support of the government of this island; and the purchaser of such slave, at such former sale for transportation, shall forfeit the sum of one hundred pounds for every such slave so found at large as aforesaid; to be recovered in the Supreme Court or Court of Assize in this island, by action, bill, plaint, or information: one moiety whereof to his Majesty, his heirs and successors, for the support of the government of this island, and the other moiety to the person who shall apprehended such slave.

 

[Clause 13] And be it further enacted by the authority aforesaid, That this act, and every thing therein contained, shall be and continue in force, from the passing thereof for the term of one year, and no longer.

 

Passed the Assembly this 19th December, 1794

W. BLAKE, Speaker. 

 

G. ATKINSON, Cl. Con.

 

ADAM WILLIAMSON

 

G. Atkinson, [Sec]