An act for enforcing the instructions given to all captains or commanding officers of ships and vessels having letters of marque and reprisal against the enemy; and for other purposes.

... prisoners of war, or their said agent, shall net, under a penalty of three hundred pounds for each offence, deliver over to any purchaser or purchasers, any such negro, mulatto, or person of colour, until such bond is entered into, and oath taken as aforesaid; such penalty to be recoverable by action of debt, bill, plaint, or information, in the supreme court of judicature of this island; one moiety thereof to the informer, or person suing for the same, and the other moiety for and towards the support of the government of this island, and the contingent charges thereof.”

 

Clause 13.--- “That the commissioners appointed for the exchange of prisoners of war, or their agent in this island, shall, and they or he are and is hereby authorized and empowered to charges, and to receive from, the purchaser of such negro, mulatto, or person of colour, a commission, at and after the rate of five pounds per centum, on the amount of the sales of all such negroes, mulattoes, or persons of colour, who may be sold for exportation, under the provisions in this act contained; and that it shall and may be lawful for the said commissioners, or their agent in this island, to ask, demand, take, and receive, a fee of five shillings, for their or his trouble in receiving, into their or his charge, such prisoners as shall be taken on board each prize: Provided always, That nothing herein contained shall extend to vessels from the coast of Africa.”

 

Clause 14.--- “That it shall and may be lawful, for any person or persons whatsoever, to apprehend, or cause to be apprehended, any such negro, mulatto, or person of colour, and him or her to deliver over to the commissioners appointed for the exchange of prisoners of war, or to their agent in this island; who are hereby directed and required, under a penalty of one hundred and fifty pounds, to confine such negro, mulatto, or person of colour, with the prisoners of war; and the proprietor or proprietors of such negroes, mulattoes, or persons of colour, so apprehended, are hereby required, under a penalty of two hundred pounds, to enter into security, such as shall be approved of by any two magistrates, to cause each such negro, mulatto, or person of colour, to be exported within thirty days, and not to be re-landed within this island; and in case any such negro, mulatto, or person of colour, so exported, shall at any time thereafter be found within this island, such negro, mulatto, or person of colour, shall become forfeited to the crown, and be re-sold for exportation, as is herein-before directed in respect to persons of that description, who may be sentenced to be sold by any decretal order of the court of vice-admiralty, or otherwise.”

 

Clause 15.--- “That all such negroes, mulattoes, or persons of colour, who shall, previous to exportation, be confined with the prisoners of war, shall be victualled at the same rate of such prisoners, the expence whereof shall be borne by the captors of such negroes, mulattoes, or persons of colour.”

 

Clause 16.--- “That the several gaol-keepers within this island shall, and they are hereby respectively required, forthwith to deliver over to the commissioners appointed for the exchange of prisoners of war, or to their agent in this island, all such herein-before described negroes, mulattoes, or persons of colour, as shall be in their custody, under the penalty of two hundred pounds for each such negro, mulatto, or person of colour, which any such gaol-keeper may refuse or neglect so to deliver; the said penalty to be recoverable, in a summary manner, before any two justices of the peace, in and for the parish, precinct, or district, wherein the offending gaol-keeper shall officiate in his said capacity.”

 

Clause 17.--- “That in case it shall so happen that, at the conclusion of the war, there shall remain in the custody of the commissioners appointed for the care and custody of prisoners of war, or of their agent in this island, any negroes, mulattoes, or persons of colour, and the captors shall refuse or neglect to repay their subsistence, it shall and may be lawful to and for the said commissioners, or their agent, to sell and dispose of such negroes, mulattoes, or persons of colour, for exportation; and the overplus, if any, to be paid over to such captors.”

 

Clause 18.--- “That all monies which shall have been advanced and paid by the said commissioners, or their agent in this island, for the subsistence of any such negroes, mulattoes, or persons of colour, who shall have been delivered over to the captors, or their agents, at the expiration of the act entitled, An act for enforcing the instructions given to all captains or commanding officers, of ships and vessels having letters of marque and reprisals against the enemy, and for the other purposes, shall be recoverable at law by the said commissioners or their agent.”

 

Clause 19.--- “That the captors, or their agents, shall, under a penalty of one hundred pounds for each offence, cause public notice to be given in the Royal Gazette, for two weeks previous to any sale being had and made, of the number of such negroes, mulattoes, or persons of colour, intended to be sold.”

 

Clause 20.--- “That all penalties herein mentioned, and not declared how the same shall be recovered, shall be recoverable, in a summary manner, before any two justices of the peace for the parish or precinct, wherein the person becoming liable to such penalty shall or may reside; and which justices, in all cases of forfeiture and penalty under the authority of this act, and where the same is made recoverable before them, are hereby authorized and required, immediately after the judgment give in the premises, to enforce the payment thereof, by a warrant of distress on the goods and chattels of the offender, under their hands and seals, directed to any constable of the parish or precinct; and which said constable is hereby authorized and required, to proceed to a sale of the goods and chattels whereon he may levy or distrain, within such time as may be appointed by the said justices; and from and out of the amount of the sale, retain to himself a commission of ten pounds per centum, for his trouble therein; and that all forfeitures and penalties, the application whereof is not herein expressed, shall be one moiety to the person informing, and the other moiety for and towards the support of the government of this island, and the contingent charges thereof.”