An ACT for the protection, subsisting, clothing, and for the better order, regulation and government of Slaves, and for other purposes.

 

2d. And be it further enacted by the authority aforesaid, That every such master, owner, or possessor, or his or her overseer or chief manager, shall, under the penalty of ten pounds for each neglect, personally inspect into the condition of the negro grounds once in every month at least, in order to see that the same are cultivated and kept up in a proper manner, of which oath shall be made, as in this act is hereafter directed: And whereas it may happen, that on some plantations, pens, settlements, and towns in this Island, there may not be lands proper for the cultivation of provisions, then and in that case the masters, owners, or possessors do, by some other ways and means, make good and ample provision for all such slaves as they shall be possessed of, equal to the value of three shillings and four-pence currency per week for each slave, in order that they may be properly supported and maintained, under the penalty of fifty pounds.

 

3d. And be it further enacted by the authority aforesaid, That every master, owner, or possessor of slaves, shall, once in every year, provide and give to each slave they shall be possessed of, proper and sufficient clothing, to be approved of by the justices and vestry of the parish where such master, owner, or possessor of such slaves shall reside, under the penalty of fifty pounds.

 

4th. And be it further enacted by the authority aforesaid, That every master, owner, proprietor, or possessor of slaves, his or her overseer or chief manager, at their giving in an account of their slaves and stock to the justice and vestry, on the twenty-eighth day of December in every year, or at the vestry which shall be held next after that day, shall, under the penalty of fifty pounds for every neglect, give in an account, on oath, of the nature and quantity of the clothing actually served to each slave on such plantation, pen, or other settlement, for the approbation of the justices and vestry as aforesaid; and shall likewise at the same time declare, on oath, that he has inspected the negro ground (where such grounds are allotted) of such plantation, pen, or settlement, according to the direction of this Act.

 

5th. And be it further enacted by the authority aforesaid, That no master, owner, or possessor of any slave or slaves, whether in his or her own right, or as attorney, guardian, trustee, executor, or otherwise, shall discard or turn away any such slave or slaves on account or by reason of such slave or slaves being rendered incapable of labour or service to such master, owner, or possessor, by means of sickness, age, or infirmity; but every such master, owner, or possessor as aforesaid, shall be and he is hereby obliged to keep all such slave or slaves upon his, her, or their properties, and to find and provide them with sufficient clothing, wholesome necessaries of life, and not suffer such slave or slaves as aforesaid to be in want thereof, or to wander about or become burthensome to others for sustenance, under the penalty of twenty pounds for every such offence, to be recovered in a summary manner before any two justices of the peace on this Island; who are hereby authorized, empowered, and required to cause such master, owner, or possessor, his, her, or their attorney or agent, and such other persons as they shall judge necessary to be summoned before them, to enable them to judge and determine of the propriety of such information, and whether such master, owner, or possessor ought to incur the said penalty; and in the mean time, and until such trial can be had, the said justices of the peace, upon their own view, or upon the information of any white person on oath, are hereby empowered and required to take up such wandering, sick, aged, or infirm slave or slaves, and to lodge him, her, or them, in the nearest workhouse, there to be clothed and fed, but not worked, at the expense of the master, owner, or possessor, until such trial as aforesaid can be had; and if it shall appear to the said justices on such trial, that the party or parties so complained of is or are guilty of the said offence, and shall refuse to pay the said sum of twenty pounds, and the fees of such workhouse, for the maintenance of such slave or slaves, together with the charges of clothing and of the conviction, the said justices are hereby required and empowered, under the penalty of twenty pounds, forthwith by warrant under their hands and seals directed to the constable, to commit such offender or offenders to the common gaol of the county or parish where the offence shall be committed, there to remain until he or she shall pay the said sum of twenty pounds and charges as aforesaid; one moiety of which said fine shall be paid into the hands of the churchwardens of such parish for the poor of said parish; any law, custom, or usage to the contrary notwithstanding.

 

6th. And whereas from the decease and change of residence of many proprietors of slaves, and other circumstances, and from the manumission of negro, mulatto, and other slaves, without any suitable provision being made for their future maintenance, many unhappy objects, afflicted with contagious distempers, or disabled from labour by sickness, age, and otherwise, and having no owners, prove dangerous or become a burthen and nuisance to the several towns and parishes of this Island: For remedy whereof, be it further enacted by the authority aforesaid, That the justices and vestrymen of the several towns and parishes in this Island be empowered and they are hereby empowered to lay a tax upon the inhabitants of the several towns and parishes, in the same manner as the parochial taxes are usually laid, for the purpose of raising such a sum as they shall judge sufficient to provide for the maintenance, clothing, medical care, and attendance in the workhouses or other convenient places of the said several towns and parishes of this Island, of such negro, mulatto, or other slaves, or other unhappy objects as aforesaid; and the magistrates respectively of such town and parish are hereby empowered and required, upon application being made to them or either of them, to order all such objects as aforesaid to be removed and conveyed to the respective workhouses of each parish where (if a slave) the former proprietor or proprietors, owner or owners of such slave, lived or resided; or if a person manumised or made free of the parish wherein the owner or owners commonly resided, or the property was situated, to whom or to which such manumised person belonged previous to the execution of such manumission, or if such manumission be by will, immediately previous to the decease of the testator or testatrix, there to be lodged and taken care of as aforesaid: And the magistrates and vestries of the several towns and parishes as aforesaid are hereby empowered and required to make from time to time all such humane and salutary regulations for the purposes aforesaid as to them shall seem necessary and expedient; and the supervisor or keeper of the workhouse in such parish to which such slave shall be sent by warrant from any other parish, shall be subject to receive the same, under the penalty of twenty pounds.

 

7th. And it is hereby enacted and declared, That every parish in this Island, to which any manumised person shall be removed in pursuance of this act, or any clause of any former act for this purpose, as to the place of the legal settlement of such person, shall be entitled to claim all the advantages to be derived by law from the security bond directed to be entered into and given in and by an act passed in the fifteenth year of the reign of His present Majesty, intituled “An Act for the regulating the manumission of Negro, Mulatto, and other Slaves, and to oblige the owners to make a provision for them during their lives,” by any person or persons manumising any slave or slaves, to the church wardens of whatsoever parish such bond may have been given, as fully as if the same had been entered into to the church wardens of the parish to which such manumised person shall become burthensome.

 

8th. And be it further enacted by the authority aforesaid, That in case any goods, chattels, or slaves belonging to the owners of such old, infirm, and deserted slaves as aforesaid, who shall have become burthensome to any parish for support, shall thereafter be found in any part of this Island, it may and shall be lawful for the churchwardens of every such parish to recover the full amount of all expenses, to which such parish shall at any time have been put on account of such deserted slaves, before any two justices of the peace of the parish or precinct wherein such goods, chattels, or slaves shall be found, by distress and sale of the same.

 

9th. And whereas it sometimes happens that aged, infirm, or disabled slaves belonging to the estates of insolvent debtors, remain in the custody of the provost marshal of this Island, or his deputies, without a possibility of the same being sold for the benefit of the creditors of such estates; be it enacted by the authority aforesaid, That upon proof being made on oath by any deputy marshal, before any two magistrates of the district wherein he shall hold his appointment, that any slave or slaves of the above description has or have been in his custody for more than six months thereto preceding, that such slave or slaves have been repeatedly put up to sale by public outcry, that no bidder has offered to purchase the same, and there is no probability of his or their being sold, it may and shall be lawful for the said two magistrates to make an order, under their hands and seals, for the removal of such slave or slaves to the parish wherein the owner of such slave or slaves resided, at or immediately before the time when he or she took the benefit of the act for the relief of insolvent debtors now in force or hereafter to be in force, there to be maintained and provided for according to the directs of this act herein-before declared.

 

10th. And it is hereby further enacted, That such order being recorded in the office of the clerk of the peace of the precinct wherein the gaol of such deputy marshal as aforesaid shall be situated, shall be deemed and taken, in all the Courts of this Island, as a complete and perfect acquittal of all demands, claims, suits, and actions of every kind on or against such provost marshal or any of his deputies, as may or shall be made, instituted, or preferred by any person or persons whatsoever, on account or by reason of the removal of any such slave or slaves as aforesaid out of his or their custody.

 

11th. And whereas negroes afflicted with the yaws are sometimes permitted to leave their master’s property and travel about the country, to the great annoyance of the public and of those in the neighbourhood; be it enacted, That every owner or proprietor of slaves, or his, her, or their overseer, as the case may be, permitting the same, shall forfeit the sum of twenty pounds for every such offence; one moiety of which to be paid to the informer, and the other moiety to the churchwardens for the poor of the parish in which the offence shall be committed, and which forfeiture shall be recovered in a summary manner, on oath of the informer, or other person complaining, to be levied by warrant of the said magistrates, who, on refusal or failure of payment, are hereby authorized to commit the delinquent to the county or nearest gaol until paid.

 

12th. And be it further enacted by the authority aforesaid, That every field slave on such plantation or settlement shall, on work days, be allowed half an hour for breakfast, and two hours for dinner; and that no slaves shall be compelled to any manner of field-work upon the plantation before the hour of five in the morning, or after the hour of seven at night, except during the time of crop, under the penalty of fifty pounds, to be recovered against the overseer or other person having the charge of such slaves.

 

13th. And be it further enacted by the authority aforesaid, That for the future all slaves in this Island shall be allowed the usual number of holidays that were allowed at the usual seasons of Christmas, Easter, and Whitsuntide: Provided that at every such respective season no two holidays shall be allowed to follow or succeed immediately one after the other, except at Christmas, when they shall be allowed Christmas-day, and also the day immediately succeeding; any law, custom, or usage to the contrary notwithstanding: And if any master, owner, guardian, or attorney of any plantation or settlement, or the overseer of such plantation or settlement, shall presume, at the seasons aforesaid, to allow any holidays to any slave belonging to any such plantation or settlement, other than is directed by this Act to be given, every person so offending shall forfeit the sum of five pounds.

 

14th. And in order to encourage slaves for every good and worthy act that they shall do, be it further enacted by the authority aforesaid, That every slave or slaves that shall inform against any person who shall have or conceal any runaway slave or slaves, so that such runaway slave or slaves may be taken and restored to his or their owner or owners, or be committed to any workhouse, every such slave or slaves so informing shall be entitled to such reward as any justice shall think just and reasonable, and be paid by such person or persons as such justice shall determine ought to pay the same, not less than ten shillings, nor exceeding twenty shillings, to be enforced by a warrant under the hand and seal of such justice.

 

15th. And be it further enacted by the authority aforesaid, That if any slave or slaves shall kill or take any slave or slaves in actual rebellion, he or they shall receive from the churchwardens of the respective parishes where such slave or slaves shall have been killed the sum of three pounds, and the sum of five pounds if taken alive, and a blue cloth coat, to be paid and furnished by the church-wardens of the respective parishes where such slave or slaves shall have been killed or taken; the whole expense whereof shall be reimbursed by the receiver-general for the time being out of any monies in his hands unappropriated.

 

16th. And be it further enacted by the authority aforesaid, That if any person hereafter shall wantonly, willingly, or bloodmindedly kill or cause to be killed any negro or other slave, such person so offending shall on conviction be adjudged guilty of felony without benefit of clergy, and shall suffer death accordingly for the said offence: Provided always, that such conviction shall not extend to the corrupting the blood, or the forfeiture of lands or tenements, goods or chattels; any law, custom, or usage to the contrary thereof in anywise notwithstanding.

 

17th. And in order to prevent any person from mutilating or dismembering any slave or slaves, be it further enacted by the authority aforesaid, That if any master, mistress, owner, possessor, or other person whatsoever, shall at his, her, or their own will and pleasure, or by his, her, or their direction, or with his, her, or their knowledge, sufferance, privity, or consent, mutilate or dismember any slave or slaves, he, she, or they shall be liable to be indicted for each offence in the supreme court of judicature, or in any of the assize courts of this Island, and upon conviction shall be punished by fine not exceeding one hundred pounds, and imprisonment not exceeding twelve months, for each and every slave so mutilated or dismembered; and such punishment is declared to be without prejudice to any action that could or might be brought at common law for recovery of damages for on account of the same; and in very atrocious cases, where the owner of such slave or slaves shall be convicted of such offence, the court before whom such offender shall have been tried and convicted are hereby empowered, in case they shall think it necessary for the future protection of such slave or slaves, to declare him, her, or them free and discharged from all manner of servitude to all Intents and purposes whatsoever; and in all such cases the court are hereby empowered and authorized, if to them it shall appear necessary, to order and direct the said fine of one hundred pounds to be paid to the justices and vestry of the parish to which the said slave or slaves belonged, to the use of the said parish; the said justices and vestry, in consideration thereof, paying to each of the said slave or slaves so made free the sum of ten pounds per annum for his or her maintenance and support during life: And in case any slave or slaves shall suffer any before-described mutilations, such slave or slaves, on his, her, or their application to any justice of the peace, the said justice of the peace shall be and is hereby directed, required, and empowered on view, and its appearing to his satisfaction that such mutilation has been really suffered, to send such slave or slaves to the nearest workhouse where such offence shall be committed, and such slave or slaves shall be there safely kept and carefully attended at the expense of such parish, until such time as there shall be a legal meeting of the justices and vestry of such parish; which justices and vestry so met are hereby created and appointed a council of protection to such slave or slaves; and the said justices and vestry so met are hereby directed and impowered to make further and fully enquiry upon view into the commitment of the mutilation of such slave or slaves; and if to them it shall appear proper, the said justices and vestry are hereby empowered and required to prosecute to effect such owner or owners; the expense of which prosecution shall be paid by the parish where such offence shall be committed; and in case the owner or owners of such slave or slaves shall appear capable of paying the costs and charges of such before-mentioned prosecution, the said justices and vestry are hereby empowered to commence suit or suits against such owner or owners of such slave or slaves, and recover all costs and charges out of purse by them laid out and expended in such suit or suits; and the keeper or supervisor of the workhouse where such mutilated slave or slaves shall have been first committed, is hereby directed and required, upon due notice of the first meeting of the justices and vestry of the parish where the offence was committed, to produce such mutilated slave or slaves for the inspection and direction of such justices and vestry, under the penalty of twenty pounds for every neglect in not producing before such justices and vestry such slave or slaves.

 

18th. And be it further enacted by the authority aforesaid, That in case any justice of the peace shall receive any complaint or probable intelligence from any slave or otherwise, that any slave or slaves is or are so mutilated, or is or are confined without sufficient support, it shall and may be lawful for such justice of the peace, and he is hereby empowered and required forthwith to issue his warrant to any constable, ordering him immediately to proceed to the place where such slave or slaves so mutilated are confined, and such slave or slaves to release and bring before such justice, who, on view of the fact, is hereby authorized to send such slave or slaves to the workhouse for protection, there to be kept, but not worked, until inquiry shall be made into the fact according to law.

 

19th. And be it further enacted by the authority aforesaid, That from and after the commencement of this Act, any person or persons that shall wantonly or cruelly whip, maltreat, beat, bruise, wound, or shall imprison or keep in confinement, without sufficient support, any slave or slaves, shall be subject to be indicted for the same in the supreme court of judicature, or in either of the courts of assize or courts of quarter session in this Island; and upon being thereof legally convicted, he, she, or they shall suffer such punishment, by fine or imprisonment, or both, as the judges or justices of such courts shall think proper to inflict, any law, custom, or usage to the contrary in anywise notwithstanding; and such punishment is hereby declared to be without prejudice to any action at common law that could or might be brought for the recovery of damages for and on account of the same, in case such slave or slaves shall not be the property of the offender.

 

20th. And in order to restrain arbitrary punishment, be it further enacted by the authority aforesaid, That no slave in any plantation or settlement, or in any of the workhouses or gaols of this Island, shall receive more than ten lashes at one time and for one offence, unless the owner, attorney, guardian, executor, or administrator, or overseer of such plantation or settlement, having such slave in his care, or supervisor of such workhouse, or keeper of such gaol, shall be present; and that no such owner, attorney, guardian, executor, administrator, or overseer, supervisor, or gaol-keeper, shall on any account punish a slave with more than thirty-nine lashes at one time and for one offence, nor inflict or suffer to be inflicted such last-mentioned punishment, nor any other number of lashes in the same day, nor until the delinquent has recovered from the effects of any former punishment, under a penalty not less than ten pounds or more than twenty pounds for every offence; to be recovered against the person directing or permitting such punishment, in a summary manner upon conviction before any two magistrates by warrant.

 

21st. And whereas a mischievous practice has sometimes prevailed of punishing ill-disposed slaves, and such as are apt to abscond from their owners, by fixing or causing to be fixed around the neck of such slaves an iron collar with projecting bars or hooks, to prevent the future desertion of such slaves; be it further enacted by the authority aforesaid, That such practice is hereby declared to be utterly unlawful, and that no person shall, on any pretence whatsoever, punish any negro or other slave, whether his own property or otherwise, by fixing or causing to be fixed an iron or other collar round the neck of such slave, or by loading the body or limbs of such slave, for any offence whatsoever, with chains, irons, or weights of any kind, other than a light collar without hooks, to indicate that such slave is an incorrigible runaway, under a penalty not less than five pounds nor exceeding fifty pounds, to be recovered in a summary manner before any two or more justices of the peace of the parish or precinct where the offence shall be committed; and all and every the justices of the peace within this Island are hereby authorized, directed, and required, under the penalty of one hundred pounds, on information and view of such offence, to order such collar, chains, irons, or weights, to be immediately taken off from the slave or slaves wearing or bearing the same.

 

22d. And be it further enacted by the authority aforesaid, That no slave (such only excepted as are going with firewood, grass, fruit, provisions, or small stock, and other goods which they may lawfully sell, to market, and returning therefrom) shall hereafter be suffered or permitted to go out of his or her master’s or owner’s plantation or settlement, or to travel from one town or place to another, unless such slave shall have a ticket from his master, owner, employer, or overseer, expressing particularly the time of such slave’s setting out, and where he or she is going, and the time limited for his or her return, under a penalty not exceeding forty shillings for every slave so offending, to be recovered from the master, owner, employer, or overseer, in a summary manner, before any one justice of the peace by warrant of distress, complaint being made to him upon oath, unless the master, owner, employer, or overseer of such slave shall prove upon oath before any justice of the peace of the parish or precinct where such master, owner, employer, or overseer may or shall live or happen to be, that he did give the said slave such ticket as aforesaid, or that such slave went away without his consent, in which case the justice to order punishment; and if such justice shall refuse or neglect his duty, either in causing the penalty to be forthwith levied, on complaint being made to him as aforesaid, or the owner, overseer, or any other person who shall suffer a slave, being under his or their direction, to go without a ticket as aforesaid, every justice so offending shall forfeit the sum of five pounds; any law, custom, or usage to the contrary notwithstanding.

 

23d. And be it further enacted by the authority aforesaid, That no ticket shall be granted to any slave or slaves for any time exceeding one calendar month.

 

24th. And whereas the more effectually to conceal runaway slaves, or prevent their being apprehended, tickets are given by Indians, free negroes, or free mulattoes; be it therefore enacted by the authority aforesaid, That any Indian, free negro, or mulatto, granting or giving such ticket with such intent, shall be liable to be tried for the said offence before the supreme court of judicature, or in either of the courts of assize in this Island where the offence shall be committed; and on conviction shall suffer the loss of freedom, transportation, or such other punishment as the court in their discretion shall think proper to inflict.

 

25th. And be it further enacted by the authority aforesaid, That if such ticket shall be granted or given by any white person, with such intent as aforesaid, to any slave or slaves, before or after his or their absent themselves from their owner, employer, overseer, or manager, such white person shall be liable to be tried for the same before the supreme court of judicature, or either of the assize courts of this Island where the offence shall be committed, and on conviction shall suffer such punishment as the court in their discretion shall think proper to inflict.

 

26th. And be it further enacted by the authority aforesaid, That if any master, owner, guardian, possessor, or attorney, overseer, or book-keeper of any plantation or settlement, shall hereafter suffer any strange slaves to assemble together and beat their drums, or blow their horns or shells, upon any plantation, pen, or settlement, or in any yard or place under his, her, or their care or management, or shall not endeavour to disperse or prevent the same, by immediately giving notice thereof to the next magistrate or commissioned officer, that a proper force may be sent to disperse the said slaves, every such master, owner, guardian, possessor, or attorney, overseer or book-keeper, shall for every such offence, upon conviction thereof upon an indictment in the supreme court of judicature or courts of assize, pay a fine of fifty pounds to His Majesty, his heirs and successors, for and towards the support of the government of this Island, and the contingent charges thereof: Provided nevertheless, that information of such offence shall be made upon oath before any of His Majesty’s justices of the peace, within the space of fourteen days after the commission of the offence.

 

27th. And be it further enacted by the authority aforesaid, That all officers civil and military shall be and are hereby empowered and required to enter into any plantation, settlement, or other place, to disperse all such unlawful assemblies, and to suppress and prevent all unlawful drummings, or other noise as before mentioned, any law custom or usage to the contrary notwithstanding, according to the nature, degree, or circumstances of the case.

 

28th. And whereas it has been found by experience that rebellions have been often concerted at negro dances and nightly meetings of slaves, and as it has been found also that hose meetings tend much to injure the health of negroes; be it further enacted by the authority aforesaid, That if any overseer, or in his absence any book-keeper, or other white person having the care and management of any plantation or settlement, shall suffer any slaves to assemble together, or beat their drums, or blow their horns or shells, every such overseer, book-keeper, or other white person so offending, shall for every such offence, upon conviction thereof upon an indictment in the supreme court of judicature, or before the justices of assize, suffer imprisonment, without bail or mainprize, for any term not exceeding six calendar months; provided information is made upon oath as aforesaid, before one of His Majesty’s justices of the peace, within fourteen days after the commission of such offence; but nothing herein contained shall be construed to prevent any master, owner, or proprietor of any plantation or settlement, or the overseer thereof, from granting liberty to the slaves of such plantation or settlement only for assembling together upon such plantation or settlement, and playing and diverting themselves in any innocent amusements, so as they do not make use of military drums, horns, or shells; but that they shall and may grant such liberty when and as often as they please, any thing in this or any other act to the contrary notwithstanding; provided that such amusements are put an end to by ten of the clock at night.

 

29th. And in order to prevent riots and nightly meetings among negro and other slaves, to the disturbance of the public peace, and endangering their health; be it further enacted by the authority aforesaid, That all negro burials shall in future take place in the day-time only, so that the same may be ended before sunset; and if any master, owner, or possessor of slaves, his or her overseer or chief manager, shall knowingly suffer or permit the burial of any slave otherwise than as before directed, he shall forfeit the sum of fifty pounds; and if any burials shall take place in any of the towns of this island, or in savannas, commons, or other places not in charge of an overseer, after sunset, every person of free condition, in whose house, yard, or premises any slaves shall be permitted to assemble for attending such burial, shall forfeit a sum not less than five pounds, nor exceeding fifty pounds; and the negro or other slaves who shall meet for the purpose of attending such burial, or be found thereat, shall, upon conviction before two or more magistrates, suffer such punishment as the said magistrates shall direct, not exceeding thirty-nine lashes.

 

30th. And be it further enacted by the authority aforesaid, That if any Indian, free negro, or mulatto, shall hereafter suffer any unlawful assembly of slaves at his or her house or settlement, every such Indian, free negro, or mulatto shall, upon due conviction thereof, suffer imprisonment not exceeding six months: Provided nevertheless, that information thereof shall be given, on oath, within fourteen days of such unlawful meeting.

 

31st. And whereas the permitting and suffering negro and other slaves to keep horses, mares, mules, or geldings, is attended with many and great mischiefs to the Island in general; in order therefore to remedy the same, be it further enacted by the authority aforesaid, That from and after the commencing of this Act, no master, owner, proprietor, attorney, guardian, trustee, or other person in possession of any plantation, pen, or settlement, shall knowingly permit or suffer any slave or slaves to keep on such plantation, pen, or settlement, any horse, mare, mule, or gelding; and in case of so doing shall for every offence forfeit the sum of thirty pounds, to be recovered in a summary manner before any two justices of the peace for the parish or precinct where such offence is committed or permitted.

 

32d. And be it further enacted by the authority aforesaid, That every master, owner, proprietor, attorney, guardian, trustee, or other person, at the respective times of their giving in account of their slaves and stock to the justices and vestry, shall also make oath that none of the said horses, mares, mules, or geldings so given in, do belong to any negro or other slave; and that such person so giving in, or his, her, or their employer or employers, hath not nor have in his, her, or their possession, to his, her, or their knowledge or belief, any horse, mare, mule, or gelding, belonging to or reputed to belong to any slave or slaves; in case any person or persons shall neglect or refuse so to do, every person so neglecting or refusing shall for every offence forfeit the sum of thirty pounds, to be recovered in the same summary manner, and to be disposed of as hereinafter mentioned: And if any person or persons hereafter shall discover any horse, mare, mule, or gelding, belonging to any negro or other slave, he shall forthwith take and send the same to the nearest pound of the parish where such horse, mare, mule, or gelding shall be found; and the keeper of the pound aforesaid shall and he is hereby obliged to receive the same, under the penalty of ten pounds for each and every horse, mare, mule, or gelding so refused, unless the same shall be disordered, so as to endanger the cattle or other stock already in the pound, in which case only it shall and may be lawful for such pound-keeper to refuse such disordered horse, mare, mule, or gelding; and upon reception into the pound of any horse, mare, mule, or gelding, the property or supposed property of any negro or other slave, the pound-keeper aforesaid shall for four successive weeks advertise the same in the Gazette or Chronicle of the county where such pound is situate, under the head of negro stock, and describing the height, colour, and marks in the most particular manner; and in one week after the expiration of the said four weeks advertisement shall put up and sell the same at the usual place of public sales in the said parish, and after deduction of the usual charges of the pound, in which no mile-money shall form a part, shall pay one moiety of the net proceeds to the person who brought in such horse, mare, mule, or gelding, and the other moiety to the churchwardens of the parish, for the benefit of the poor of the said parish.

 

33d. And in order that further encouragement may be given to the increase and protection of negro infants, be it further enacted by the authority aforesaid, That every female slave who shall have xi children living shall be exempted from all hard labour in the field or otherwise, and the owner or possessor of every such female slave shall be exempted from all manner of taxes for such female slave, any thing in the act commonly called The Poll Tax Law, or any other of the tax laws of this Island passed or annually to be passed, to the contrary notwithstanding; and a deduction shall be made for all such female slaves from the taxes of such owner or possessor, by certificate of the justices and vestry: Provided nevertheless, that proof be given on oath, to the satisfaction of the said justices and vestry, not only that the requisite number of children, together with the mother, are living, but also that the mother is exempted from all manner of field or other labour, and is provided with the means of an easy and comfortable maintenance.

 

34th. And whereas it is absolutely necessary that the slaves in this Island should be kept in due obedience to their owners, and in due subordination to the white people in general, and as much as in the power of the legislature all means and opportunities of slaves being concerned in rebellious conspiracies, and committing other crimes, to the ruin and destruction of the white people and others in this Island, prevented, and that proper punishments should be appointed for all crimes to be by them committed; be it further enacted by the authority aforesaid, That if any slave or slaves shall after the commencement of this Act enter into or be concerned in any rebellion or rebellious conspiracy, or commit any murder, felony, burglary, robbery, or set fire to any houses, out-houses, or negro-houses, in the day-time, no person being therein, and steal thereout, or compass or image the death of any white person, and declare the same by some overt act, or commit any other crime which would subject white persons, or persons of free conditions, to be indicted for felony, such slave or slaves shall for every such offence or offences, upon trial and conviction thereof in manner herein-after mentioned, suffer death, transportation, or such other punishments as the court shall think proper to direct, according to the nature and extent of the offence.

 

35th. And be it further enacted by the authority aforesaid, That if any slave shall assault or offer any violence, by striking or otherwise, to or towards any white person or persons of free condition, such slave, upon due and proper proof, shall upon conviction be punished with death, transportation, or confinement to hard labour for life or a limited time, or such other punishment, according to the nature of the offence, as the court shall in their discretion think proper to inflict; provided such assault or violence be not by command of his, her, or their owners, overseers, or persons intrusted over them, or in the lawful defence of their owners’ persons or goods.

 

36th. And be it further enacted by the authority aforesaid, That if any slave or slaves shall hereafter be found to have in his, her, or their custody or possession any fire-arms, pikes, sabres, swords, cutlasses, lances, gunpowder, slugs or ball, without the knowledge of his, her, or their owner, proprietor, or possessor, or his, her, or their overseer, such slave or slaves shall be taken before two magistrates, who shall, if they are of opinion that the same was with evil intent, commit such slave or slaves to the gaol, to be tried by a slave-court, as herein-after directed; and upon conviction the said slave or slaves shall suffer death, transportation, or such other punishment as the court shall think proper to direct.

 

37th. And in order to prevent the many mischiefs that may hereafter arise from the wicked art of negroes going under the appellation of obeah men and women, and pretending to have communication with the devil and other evil spirits, whereby the weak and superstitious are deluded into a belief of their having full power to exempt them, whilst under their protection, from many evils that might otherwise happen; be it further enacted by the authority aforesaid, That from and after the commencement of this Act, any slave who shall pretend to any supernatural power in order to promote the purposes of rebellion, or shall use or pretend to use any such practices, with intent or so as to affect or endanger the life or health of any other slave, shall upon conviction thereof suffer death or transportation; any thing in this or any other Act to the contrary in anywise notwithstanding.

 

38th. And be it further enacted by the authority aforesaid, That if any negro or other slave or slaves shall mix or prepare, with an intent to give or cause to be given any poison, or poisonous or noxious drug, pounded glass, or other deleterious matter in the practice of obeah or otherwise, although death may not ensue on the taking thereof, the said slave or slaves, together with their accessaries as well before as after the fact (being slaves), being duly convicted thereof, shall suffer death; any thing in this or any other Act to the contrary in anywise notwithstanding.

 

39th. And be it further enacted, That if there shall be found in the possession of any slave any poisonous drugs, pounded glass, parrots beaks, dogs teeth, alligators teeth, or other materials notoriously used in the practice of obeah or witchcraft, and in a state of evident preparation for carrying on such dangerous and nefarious practice, such slave upon conviction shall be liable to suffer transportation from this Island, or such other punishment, not extending to life, as the court shall think proper to direct.

 

40th. And whereas it is necessary to prevent secret and unlawful meetings of slaves, be it therefore enacted by the authority aforesaid, That all and every slave or slaves who shall be found at any meeting, formed either for the purpose of administering unlawful oaths, by drinking human blood mixed with rum, grave-dirt, or otherwise, or of learning the use of arms, or for any other unlawful or dangerous purpose, such slave or slaves shall on conviction thereof suffer death or transportation for life, as the court shall direct.

 

41st. And be it further enacted by the authority aforesaid, That if any person or persons, either white or of free condition, shall be present at any such meeting, aiding and assisting in any of the unlawful purposes before mentioned, such person or persons shall, on conviction thereof in the supreme court, or either of the courts of assize of this Island, be punished by death, transportation off this Island for life, or fine or imprisonment, or both, at the discretion of the court before whom such person or persons shall be tried.

 

42d. And be it further enacted, That if any person or persons having knowledge of such unlawful meetings as aforesaid shall not forthwith give information thereof to a justice of the peace, such person or person shall, on conviction before the supreme or either of the courts of assize of this Island, suffer such punishment by fine or imprisonment, or both, and by public whipping, as the court before which such person or persons shall have been so convicted shall direct.

 

43d. And be it further enacted by the authority aforesaid, That if any negro or other slave shall after the commencement of this Act steal any horned cattle, sheep, goat, hog, horse, mare, or ass, or shall kill any such horned cattle, sheep, goat, hog, horse, mare, mule, or ass, with intent to steal the whole carcase of any such horned cattle, sheep, goat, hog, horse, mare, mule, or ass, or any part of the flesh thereof, such negro or other slave shall on conviction thereof suffer death, transportation, or such other punishment as the court shall in its discretion inflict.

 

44th. And whereas great numbers of horned cattle, sheep, goats, hogs, horses, mares, mules, and asses, are frequently stolen and killed by negro and other slaves in so secret and private a manner that it is with the greatest difficulty they can be found out and discovered in such manner as to convict them of such offence, although large quantities of beef, mutton, and the flesh of other valuable animals, are found upon him, her, or them; in order therefore to prevent such evils in future, and to punish the perpetrators of such acts agreeably to their crimes; be it enacted by the authority aforesaid, That if any negro or other slave shall fraudulently have in his, her, or their custody or possession, unknown to his or her master, owner, overseer, or other person who shall have the overlooking or employing of such slave, any fresh beef, veal, mutton, pork, or goat, or the flesh of horse, mare, mule, or ass, in any quantity not exceeding twenty pounds weight, without giving a satisfactory account in what manner he or she became possessed thereof, such negro or other slave, upon due conviction thereof before any two magistrates, shall be whipped in such manner as such magistrates shall direct, not exceeding thirty-nine lashes; and if there shall be found in his, her, or their custody or possession a larger or greater quantity than twenty pounds weight of fresh beef, veal, mutton, pork, or goat, or the flesh of horse, mare, mule, or ass, and such slave shall not give a satisfactory account how he or she became possessed of such meat, then such negro or other slave upon conviction thereof shall suffer such punishment as the said two justices shall think proper to inflict or direct, not extending to life or imprisonment for life.

 

45th. Be it enacted by the authority aforesaid, That if any negro or other slave shall wantonly and cruelly cut, chop, shoot at, or otherwise maim and injure any horned cattle, horse, gelding, mare, mule, or ass, such negro or other slave shall for every such offence be tried in a summary manner before two or more justice of the peace of the parish or precinct where the offence shall be committed, and the said justice of the peace shall, on conviction of such slave or slaves, order and direct such punishment to be inflicted as they shall think proper, not exceeding fifty lashes, to be inflicted at one or more different times, or two months hard labour in the workhouse; and in all cases where, from such treatment as above set forth, any horned cattle, horse, gelding, mare, mule, or ass shall be killed, or shall die within ten days after the offence committed, although the carcase or any part of the flesh thereof may not be stolen, such negro or other slave shall be tried at a slave-court, and on conviction thereof suffer death, transportation, or confinement to hard labour for life, or such other punishment as the court shall think proper.

 

46th. Be it further enacted by the authority aforesaid, That if any slave or slaves shall, by wantonly and cruelly cutting, chopping, striking, or by any other manner or way whatsoever mutilate, disfigure, dismember, or injure any slave or slaves, so as to endanger life, although death shall not ensue, or that such slave or slaves shall become a cripple, or lose any of his or her limbs, or be deprived of the use thereof, all and every or any such slave or slaves so offending shall for every or any such offence be tried at a slave-court, and upon conviction shall for the first offence suffer such punishment, not extending to life, as the court shall think proper to direct, according to the circumstances of the case; and for a second offence, upon conviction, shall suffer death or transportation for life, as the court shall direct.

 

47th. And whereas the practice of negroes to clear their grounds by fire is highly dangerous to the neighbouring properties, and frequent instances of alarm and injury occur for want of some restraint in that respect; for prevention of so great an evil be it further enacted, That if any injury shall arise to the owner, proprietor, or possessor of one property, by a slave or slaves on the adjoining property clearing ground by fire, the sale or slaves who shall so clear ground by fire, by which injury shall result to the adjoining property, shall be proceeded against, tried, and punished, if found guilty, as and for a misdemeanour; and if the overseer or other person then actually having charge of the property on which such fire shall originate shall have knowledge that any negro under his charge has made any such fire for clearing his or her ground, and shall not forthwith use his best endeavours to cause the same to be extinguished, and such fire shall cause injury to the neighbouring property, such overseer or other person shall suffer such fine as any two justices of the peace of the parish wherein such injury shall happen shall award, not exceeding ten pounds for one and the same offence; the complaint whereon shall be heard, determined, and the penalty, when imposed, shall be enforced in a summary manner before any two justices of the peace.

 

48th. And whereas it is very dangerous to the peace and safety of this Island to suffer slaves to continue out as runaways, and it is absolutely necessary to declare and make known to the public what slaves shall be deemed such; be it enacted by the authority aforesaid, That from and after the commencement of this Act, any slave or slaves who shall be absent from this owner or employer without leave for the space of five days, or who shall be found at the distance of eight miles from the house, plantation, or other settlement to which such slave or slaves shall belong, without a ticket or other permit to pass, except as herein-before excepted, in going to and returning from market, shall be deemed a runaway.

 

49th. And be it further enacted by the authority aforesaid, That if any slave who shall have been in this Island for the space of two years, and shall run away from his or her owner or lawful possessor, and continue absent for a term exceeding six months, such slave being convicted thereof shall be sentenced to be confined to hard labour for such time as the court shall determine, or be transported for life, according to the magnitude of the offence.

 

50th. And be it further enacted by the authority aforesaid, That if any slave shall run away from his or her lawful owner or possessor as aforesaid, and continue absent for any term not exceeding six months, such slave shall be liable to be tried before two justices, and upon conviction thereof shall suffer such punishment, by flogging or confinement to hard labour, not exceeding three months, as the said two justices shall think proper to direct.

 

51st. And be it further enacted by the authority aforesaid, That any slave or slaves who shall knowingly harbour or conceal any runaway slave or slaves shall be liable to be tried for the same as the slave-court herein-after appointed, and son conviction shall suffer such punishment as the court shall think proper to direct, not extending to life.

 

52d. And be it further enacted by the authority aforesaid, That any slave or other person or persons whatsoever, who shall apprehend any runaway slave or slaves, shall for every one so apprehended be entitled to receive from the owner, employer, overseer, or manager of such slave or slaves, the sum of ten shillings and no more, besides mile-money at the rate of one shilling per mile for the first five miles, and sixpence per mile for every mile afterwards: Provided nevertheless, that nothing in this Act contained shall be construed to extend to an allowance of the said sum of ten shillings and mile-money, in addition to the sum allowed to maroon negroes for apprehending runaways; and provided also, that it is not hereby intended to deprive the said maroons of their legal and established reward of forty shillings for each negro.

 

53d. And be it further enacted by the authority aforesaid, That the person or persons so apprehending such runaway slave or slaves shall convey him, her, or them to their respective owner, employer, or manager, or to the workhouse of the parish in which they may be apprehended, if any workhouse is established there, and in case of there being no workhouse, to the next gaol; and the gaol or workhouse-keeper is hereby required and ordered to receive such slave or slaves into his or their custody, and to pay the party delivering such slave or slaves the said sum of ten shillings and mile-money as aforesaid, and no more, for each slave so delivered, under the penalty of five pounds.

 

54th. And to the end that the owners and proprietors of runaway slaves may have a due knowledge where such slaves are confined, after their being apprehended and sent to any workhouse or gaol in this Island, in order that such owners or proprietors may apply for such slaves; be it further enacted by the authority aforesaid, That from and after the commencement of this Act all and every the keepers of the workhouses or gaol-keepers in any of the parishes of this Island shall and they are hereby obliged once in every week to advertise in the Gazette of Saint Jago de la Vega, the Royal Gazette, and the Cornwall Chronicle, the height, names, marks, and sex, and also the country, where the same can be ascertained, of each and every runaway slave then in their custody, together with the time of their being sent into custody, and the name or names of the owner or owners thereof, if known, and that upon oath, under the penalty of ten pounds for every slave so neglected by him to be advertised; and for the expence of such advertisement they the said workhouse-keepers or gaol-keepers shall and may and they are hereby authorized to charge the owner or proprietor of such runaway slaves so advertized at and after the rate of three shillings and four-pence per month for each paper, and no more; which said sum of three shillings and four-pence per month for each paper to be paid to the printers of the several papers respectively, the amount of whose accounts, after being properly authenticated upon oath, shall be paid annually by the treasurers for the time being of the several workhouses in this Island’ and that it shall and may be lawful for the keeper of the workhouse or gaol-keeper to detain and keep in his or their custody such runaway slave or slaves so brought unto him or them until the owner or owners thereof, or some person in their behalf properly authorized, shall pay unto him or them what he or they so paid to the person or persons who apprehended and brought such slave or slaves into custody, with two shillings and sixpence in the pound for laying out his or their money, the cost of advertising at and after the rate above mentioned, and sixpence for every twenty-four hours such slave or slaves shall have been in custody for maintenance; and two-pence per day for medical care and extraordinary nourishment necessary, the expence of clothing where supplied, and also the charges of advertising above directed, and no other fees whatever; and that the gaoler, workhouse-keeper, or supervisor, and no other person, shall attest upon oath that the charges in the account for mile-money, and the reward for apprehending such slave, were actually paid to the person who brought such runaway, and that the whole of the charges in the said account are strictly conformable to law: Provided always, and it is hereby declared, that the owner or owners of any slave to be committed by the judgment of any slave-court, or by order of magistrates to any workhouse by way of punishment, shall not be answerable for or compelled to pay the workhouse fees for the time such slave shall be so committed and confined.

 

55th. And be it further enacted by the authority aforesaid, That the keeper of every workhouse or gaol in this Island shall, under the penalty of ten pounds for every neglect, provide and give to every slave confined in such workhouse or gaol a sufficient quantity of good and wholesome provisions daily; that is to say, not less than one quart of unground Guinea or Indian corn, or three pints of the flour or meal of either, or three pints of wheat flour, or eight full-grown plantains, or eight pounds of cocoas or yams, and also one herring or shad, or other salted provisions equal thereto, and shall also, under the like penalty, provide and supply every such slave confined as aforesaid with good and sufficient clothing where necessary.

 

56th. And be it further enacted by the authority aforesaid, That from and after the commencement of this Act every supervisor, intendant, or keeper of any public workhouse in this Island, who shall have any action in replevin, homine replegiando, or ejectment, brought against him for any negro or other slave or slaves in his custody, shall, under a penalty for every offence not less than five pounds, nor exceeding fifty pounds, as shall be inflicted by the judges of His Majesty’s supreme court of judicature, or courts of assize in this Island, immediately after he receives such replevin, homine replegiando, or ejectment, give notice to the several county newspapers of such action, and at whose suit it is brought, and the name or names of such negro or other slave or slaves, together with his, her, or their mark or marks, and the best information he can get concerning the real owner of such slave or slaves, and shall continue such notice for four weeks before the trial shall be had upon such replevin, homine replegiando, or ejectment, or such slave or slaves be taken out of the custody of such supervisor, intendant, workhouse-keeper, by the person who shall recover such slave or slaves: And if any person or persons shall give notice to such supervisor, intendant, or keeper of any workhouse, of his, her, or their intention to take the defence of any action so brought, such supervisor, intendant, or keeper of a workhouse, shall detain in his custody the slave or slaves for or by whom such action shall be brought until the trial of such action or order of the court thereon, under the penalty of one hundred pounds, unless the security offered in cases of homine replegiando shall justify before a judge of the grand court or courts of assize, in such sum as such judge shall think proper; notice of such justification, and the time and place thereof, and the judge before whom the same is to be taken, being given to the person intending to take the defence of such action.

 

57th. And be it further enacted by the authority aforesaid, That no runaway slave shall on any account be committed to gaol by any magistrate of a parish where there is any workhouse established, but to such workhouse only.

 

58th. And whereas several slaves have found means to desert from their owners, and depart from this Island, to the great damage of such owners in evil example to other slaves who may be thereby induced or attempt to conspire to do the same: And whereas there is reason to suspect that such slaves have been aided and assisted in such escape and departure by other persons, and there is not any adequate punishments provided by law for such desertion or departure, or attempting or conspiring to desert and depart this Island, or for persons aiding, assisting, or abetting such deserters; for remedy whereof, be it enacted by the authority aforesaid, That from and after the commencement of this Act, if any slave shall runaway from his, her, or their owner or owners, employer or employers, and go off or conspire or attempt to go off this Island in any ship, boat, canoe, or other vessel or craft whatsoever, or be aiding, abetting, or assisting to any other slave or slaves in such going off this Island, he, she, or they so running away and going off, or conspiring or attempting to go off, or so aiding, assisting, or abetting in such going off, being thereof convicted, shall suffer death, or such other punishment as the court shall think proper to direct.

 

59th. And be it further enacted by the authority aforesaid, That if any Indian, free negro, or mulatto, shall from and after the commencement of this Act knowingly be aiding, assisting or abetting any slave or slaves in going off this Island, and shall be convicted thereof, either in the supreme court, or in either of the courts of assize of this Island, such Indian, free negro, mulatto, shall be forthwith transported off this Island by the provost-marshal or his lawful deputy, into whose custody such person or persons shall be committed; and if such person or persons so convicted, sentenced, and transported, shall be afterwards found at large in this Island, he, she, or they, on proof of his or their identity before the said supreme court or courts of assize as aforesaid, shall suffer death without benefit of clergy.

 

60th. And be it further enacted by the authority aforesaid, That if any white person or persons shall knowingly be aiding, assisting, or abetting any slave or slaves in going off this Island, he, she, or they, being convicted thereof by bill, plaint or information, in the supreme court of judicature, or either of the courts of assize of this Island, shall forfeit the sum of three hundred pounds for each slave, one moiety whereof shall be to our Sovereign Lord the King, 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 the party or parties at whose suit or complaint such person was convicted; and shall also suffer imprisonment, at the discretion of the said court, for any space of time not exceeding twelve months, without bail or mainprize.

 

61st. And be it further enacted by the authority aforesaid, That it shall and may be lawful to proceed against the person or persons so aiding, assisting, or abetting any slave or slaves in going off this Island, whether the principal or principals be convicted or not; any thing in this or in any other act, law, custom, or usage to the contrary notwithstanding.

 

62d. And be it further enacted by the authority aforesaid, That no negro or other slave shall be allowed to travel the public roads with dogs, or cutlasses, or other offensive weapons, without a ticket from his owner, or to hunt any cattle, horses, mares, mules, or asses, in any part of this Island, with lances, guns, cutlasses, or other instruments of death, unless in the company of his or their master, overseer, or some other white person by him or them deputed, or by permission in writing; and if any negro or other slave, shall offend, contrary to the true intent and meaning of this Act, he, she, or they, being thereof convicted before two justices, shall suffer such punishment as they shall think proper to inflict, not extending to life or transportation for life.

 

63d. And whereas it is necessary to declare, how and in what manner slaves shall be tried for the several crimes which they may hereafter commit; be it enacted by the authority aforesaid, That from and after this Act shall commence and be in force, upon complaint made to any justice of the peace of any murder, felony, burglary, robbery, burning or destroying of houses, out-houses, negro-houses, or cane, grass or corn-pieces, or breaking into such houses, out-houses, or negro-houses, in the day-time, no person being therein, and stealing thereout; rebellious conspiracies; compassing or imagining the death of any white person or persons, or any other offence whatsoever committed by any slave or slaves, that shall subject such slave or slaves to suffer death, transportation or confinement to hard labour, such justice shall issue out his warrant for apprehending such offender or offenders, and for all persons that can give evidence, to be brought before him, or any other justices of the peace; and the evidence of slaves against one another, in this and all other cases, shall be received; and if, upon examination, it appears probably that the slave or slaves apprehended is or are guilty, the justice before whom such examination shall be had and taken shall commit him, her, or them to prison, and bind over the witnesses to appear at a certain day, not less than ten days from the day on which the complaint shall be made, and at the place where the quarter-sessions are usually held, and where there are no quarter-sessions held, at the place where the parochial business is usually transacted, and shall certify to two other justices of the peace the cause of such commitment, and require them by virtue of this Act to associate themselves to him, which the said justices are hereby severally required to do, under the penalty of twenty pounds for every neglect or refusal; and the said justices so associated shall issue out their warrant, directed to the deputy marshal of such parish or precinct, to summon eighteen persons, such as are usually warned and impannelled to serve on juries (the master, owner, or proprietor of the slave or slaves so complained of, or the attorney, guardian, trustee, overseer, or book-keeper always excepted,) personally to be and appear before the said justices, or any three or more of the justices of the peace of the said parish associated for the same purpose, at the day and place aforesaid to be expressed in such warrant, and between the hours of eight and twelve of the clock in the forenoon, when and where the said persons so warned by the deputy marshal as aforesaid are hereby severally required to attend, under the penalty of five pounds on each defaulter, and when and where the said justices shall cause the said slave or slaves so complained of to be brought before them, and thereupon nine of the said persons so summoned as aforesaid shall compose a jury to try the said slave or slaves, and shall by the said justices (the charge or accusation being first read) to be sworn to try the matter before them, and to give a true verdict, according to evidence; and such charge or accusation shall be deemed valid, if sufficient in substance; and if the said jurors shall, upon hearing the evidence, unanimously find the said slave or slaves guilty of the offence wherewith he, she, or they stand charged, the said justices shall give sentence of death without benefit of clergy, or transportation, or confinement to hard labour for life or a limited time, according to the nature of the offence, and shall cause such sentence to be carried into execution at such time and place as they shall think proper, women with child only excepted, whose execution shall be respited until a reasonable time after delivery: Provided always, that nothing in this act contained shall hinder or prevent the said justices, upon any such trial where any slave or slaves shall be condemned to die, from respiting the execution of such sentence for any term not exceeding thirty days, or until the pleasure of the governor, or the person executing the functions of governor, shall be known, in case proper cause shall appear to them for so doing; and that if the jury, upon any such trial, shall apply to the said justices to suspend the execution of any sentence until the pleasure of the governor, or the person executing the functions of governor, shall be known, in case proper cause shall appear to them for so doing; and that if the jury, upon any such trial, shall apply to the said justices to suspend the execution of any sentence until the pleasure of the governor, or the person executing the functions of governor, is known, the said justices shall be obliged to suspend the same for thirty days, and to report the particulars of the trial to the governor, or the person executing the functions of governor, forthwith, under the penalty of fifty pounds on each justice who sat on such trial, except in cases of trial of any slave or slaves convicted of actual rebellion, or for rebellious conspiracy; in all which cases the said justices shall, if they think it expedient, order the sentence passed on such slave or slaves to be carried into immediate execution: And it is hereby declared, that at every court of quarter-sessions held in each and every parish or precinct within this Island, the justices there assembled shall and may, after the usual business of the said court shall be done, form themselves into a court for the purpose of inquiring into, hearing, and determining all manner of offences for which any slave or slaves are liable to be punished with death, or transportation or confinement to hard labour as aforesaid, and shall open the said court by proclamation, declaring the same to be a slave-court for such purpose, and shall thereupon, on the like charge in writing, and in like manner in all other respects as the three justices associated and met as herein-before mentioned are by this Act directed to proceed in trial of slaves for such offences, proceed to try, and deliver the gaol or workhouse within the said parish or precinct of all and every the slave or slaves who are or may then be in the custody of the marshal or keeper of the workhouse within each and every parish or precinct as aforesaid, and shall forthwith call a jury, consisting of nine jurors, to be called and taken from the pannel returned to the said court of quarter-session, and shall cause them to be severally sworn as they shall appear to try all and every such slave or slaves as shall be brought before them, charged with any such offences as aforesaid, and a true verdict give according to evidence, as in other cases: Provided always, that no less than three justices shall constitute a court for the trial of any slave or slaves for any crime or offence that shall subject such slave or slaves to suffer death, transportation, or confinement to hard labour for life as aforesaid: And provided always, that in any case upon an indictment against any slave or slaves for murder, where malice prepense shall not be proved to the satisfaction of the jurors, such jurors shall be and they are hereby declared to be at liberty to return a verdict of manslaughter, if they shall think the nature of the case shall require it; and the person or persons so found guilty of manslaughter shall suffer such punishment as the court shall think fit to inflict, not extending to life or transportation for life.

 

64th. And be it further enacted by the authority aforesaid, That all and every the jurors who have been returned to serve as jurors at the quarter-sessions to be holden as aforesaid, are hereby required, under the penalty of five pounds, to be and appear at the said slave-court, so to be formed and holden as aforesaid, and to serve as jurors thereon as they shall respectively be called; and that upon all trials of slaves under this Act, no peremptory challenges of any of the said jurors, or any exception to the form of the indictment, shall be allowed.

 

65th. And be it further enacted, That all witnesses of free condition legally warned, and who do not attend to give evidence at any trial under this Act, or show by affidavit a sufficient cause for his or her absence, shall be liable to a fine of ten pounds.

 

66th. And be it further enacted by the authority aforesaid, That all jurors serving at slave-courts, and every person or persons whose presence may be requisite at the examination of any slave or slaves, and who shall be required by warrant or summons under the hand and seal of any justice of the peace, and all and every slave or slaves who shall be brought as witnesses, shall be protected in their persons from all mesne or judicial process whatsoever in their going to, attending at, and returning from such examinations or trial, and that such slave shall not be subject to be levied on.

 

67th. And be it further enacted by the authority aforesaid, That a record shall be entered up of all proceedings on the trial of slaves for any crime that shall subject any slave or slaves to suffer death, transportation, or confinement to hard labour, in a book to be kept for that purpose by the clerk of the peace, or his lawful deputy of the parish or precinct, who is hereby obliged to attend all such trials, and to record the proceedings within thirty days after such trial, under the penalty of twenty pounds for each neglect; and he shall be entitled to receive from the churchwardens of such parish the sum of five pounds and no more for attending such trial, entering up the record, and all other business incidental thereto; and further, that the deputy marshal for the said parish, or some proper person acting under him, shall, under the penalty of fifty pounds, warn the jurors and attend the trials of all slaves, and also attend at the execution of such offenders as shall be condemned to die; and that he shall be entitled to receive from the churchwardens of the said parish the sum of five pounds for warning jurors and attending the trials of slaves at all special slave-courts to be held under this Act, and the further sum of five pounds for attending the execution of such offenders as shall be condemned to die.

 

68th. And be it further enacted by the authority aforesaid, That in case any slave or slaves shall, with evil intent, give false evidence in any trial had under this act, such slave or slaves, being thereof convicted, shall suffer the same punishment as the person or persons on whose trial such false evidence was given would, if convicted, have been liable to suffer.

 

69th. And be it further enacted by the authority aforesaid, That in future, whenever a warrant shall be granted by one or more of His Majesty’s justices of the peace against any slave, if the said slave cannot be immediately taken on the said warrant, the owner, possessor, attorney, guardian, or overseer of such slave shall be served with a copy of the said warrant; and if he, she, or they do not carry the said slave before a magistrate to be dealt with according to law on the said warrant, and if it should be afterwards proved that the owner, possessor, attorney, guardian, or overseer of such slave wilfully detained or concealed the said slave, he, she, or they shall forfeit the sum of one hundred pounds.

 

70th. And be it further enacted by the authority aforesaid, That in all trials of any slave or slaves under this Act six days notice of such trial shall be first given to the owner, proprietor, or possessor of such slave or slaves, his, her, or their lawful attorney or attornies, or other representative or representatives; any law, custom, or usage to the contrary notwithstanding.

 

71st. And whereas it may sometimes happen that the owner, proprietor, or possessor of a slave may reside in a different parish or precinct from that wherein such slave may have committed the offence for which he or she is to be tried; be it therefore enacted, That in such cases the clerk of the peace of the parish or precinct wherein the offence is to be tried shall transmit the notice of such trial to the clerk of the peace of the parish or precinct wherein the owner, proprietor, or possessor as aforesaid may reside, who shall forthwith thereupon, under the penalty of twenty pounds, deliver such notice and a copy thereof to one of the lawful constables of the said parish, to be by him, under the penalty of ten pounds, served on such owner, proprietor, or possessor; and the said constable is hereby required to make an affidavit of the manner in which he may have served the said notice, to be sworn to before any justice of the peace, and shall return such notice, so sworn to, to the clerk of the peace from whom he received the same, to be by him transmitted to the clerk of the peace of the parish or precinct where the offence is to be tried in due time; for which duty the clerk of the peace of the parish where the warrant shall be served shall be paid the sum of one pound six shillings and eight-pence, and the constable the sum of one pound six shillings and eight-pence, by the acting churchwardens of the said parish.

 

72d. And be it further enacted by the authority aforesaid, That in all cases where the punishment of death is inflicted, the execution shall be performed in a public part of the parish, and with due solemnity and care; and care shall be taken by the gaoler or deputy marshal that the criminal is free from intoxication at the time of his trial, and from thence to and at the time of his execution, under the penalty of twenty pounds; and the mode of such execution shall be hanging by the neck and no other, and the body shall be afterwards disposed of as the court shall direct.

 

73d. And be it further enacted by the authority aforesaid, That in all cases where any slave shall be put upon his, her, or their trial, and receive sentence of death, or transportation, or commitment to hard labour for life, the court, at the time of trying such slave or slaves, shall also inquire of the jury, upon their oaths, what sum or sums of money the owner, proprietor, or possessor of the said slave or slaves ought to receive for such slave or slaves, and certify the same, so that such sum or sums of money do not exceed the sum of one hundred pounds for each slave so sentenced as aforesaid; and if the conviction be for running away, the value set by the jury shall not exceed fifty pounds.

 

74th. And be it further enacted by the authority aforesaid, That in all cases where any slave or slaves shall be brought to trial, and sentenced to death or transportation, and valued according to the directions of this Act, the provost-marshal or his lawful deputy shall, under the penalty of two hundred pounds, carry such sentence into execution as soon after the passing thereof as an opportunity shall offer; and, in case of sentence to transportation, shall forthwith sell such slave or slaves for transportation to the best advantage in his power; and shall under the penalty of two hundred pounds, within the space of one month from the time of such sale, render to the owner, proprietor, or possessor of such slave, or other person legally entitled to receive the same, a just and true account upon oath of the sale or sales of such slave or slaves, and of the legal charges attending the same, and pay over to such owner, proprietor, or possessor, or other person legally entitled to receive the same, the proceeds of such sale or sales, after deducting all legal charges as aforesaid; and if it shall happen that the charges due to the provost-marshal or his legal deputy for confinement and subsistence of said slave or slaves, shall amount to or exceed the amount of the sales, the same shall be sworn to by the said provost-marshal or his lawful deputy, on the back of the certificate of valuation; in which case the receiver-general shall pay the whole amount of such valuation.

 

75th. And be it further enacted by the authority aforesaid, That in all cases where any slave or slaves shall be sentenced to death or confinement to hard labour for life, and be valued according to this Act, such slave or slaves shall be paid for by the receiver-general of this Island out of any monies in his hands, upon production of a legal certificate of such sentence and valuation, but not otherwise; and in all cases where any slave or slaves shall be sentenced to transportation, and valued in manner aforesaid, the receiver general shall in like manner, upon production of a like certificate, together with the account on oath herein-before directed to be made by the provost-marshal or his lawful deputy, but not otherwise, pay the amount of the valuation of such slave or slaves, after deducting the amount of such account.

 

76th. And be it further enacted by the authority aforesaid, That every slave who, under the authority and by virtue of this Act, shall be sold for transportation by the provost-marshal or his lawful deputy, shall, notwithstanding such sale, remain in the custody of the said provost-marshal until the purchaser of such slave shall have entered into bond with sufficient security to our Sovereign Lord the King, under the penalty of five hundred pounds for every such slave so purchased, that every such slave shall be transported off this Island within thirty days after the date of such bond, and shall in the mean time be kept in close confinement on board the ship or vessel in which such slave is intended to be transported; which bond shall be taken by the said provost-marshal or his lawful deputy as aforesaid (for which the said provost-marshal or his said deputy shall receive from the party entering into the same all expenses incidental thereto), and be filed among the records in the office of the clerk of the peace of the parish or precinct wherein such sale shall be made.

 

77th. And be it further enacted by the authority aforesaid, That every such purchaser of any slave so directed to be sold for transportation as aforesaid shall, at the time of executing such bond as aforesaid, also make oath before the provost-marshal or his lawful deputy as aforesaid (either of whom is hereby authorized and required to administer the same) that every such slave so purchased by him shall be transported to [blank] (death or danger of the seas excepted), and that the said slave so purchased shall not with his knowledge, privity, or consent, be relanded in this Island.

 

78th. And be it further enacted by the authority aforesaid, That the provost-marshal or any of his deputies shall not, under the penalty of three hundred pounds for each offence, deliver over to any purchaser or purchasers any slave so sold for transportation as aforesaid, until such bond is entered into and oath taken as aforesaid; and in case any such slave so sold for transportation as aforesaid shall be found within this Island after the expiration of the thirty days before limited for his or her transportation, such slave shall become forfeited to the Crown, and be resold for transportation by the provost-marshal or his lawful deputy, in the same manner and under the like penalties as are herein-before enacted, and the net proceeds of such resale shall be paid over to the receiver-general for the use of the public.

 

79th. And be it further enacted by the authority aforesaid, That every slave sold for transportation under and by virtue of this Act, who shall be found at large within this Island at any time after such sale as is herein-before directed, may and shall be lawfully apprehended by any person whomsoever, and immediately taken before any of His Majesty’s justices of the peace; and if it shall appear to the satisfaction of such justice that such slave has been formerly sold for transportation by virtue of this Act, such justice shall by warrant under his hand and seal direct such slave to be delivered to the provost-marshal or his lawful deputy to be resold for transportation only; and the monies arising from such sale, after deducting a commission of five pounds per centum, and all necessary expenses, shall be paid over, one moiety thereof to the person apprehending such slave, and the other moiety to the receiver-general for the time being, for the support of the of the government of this Island.

 

80th. And be it further enacted by the authority aforesaid, That if any negro or other slave who shall have been transported from this Island under the direction of this Act, or of any other Act heretofore in force respecting slaves, for murder, rebellion, or being engaged in a rebellious conspiracy, or obeah or arson, shall wilfully return from transportation, such negro or other slave shall upon conviction suffer death without benefit of clergy.

 

81st. And be it further enacted by the authority aforesaid, That if the master of any ship or vessel shall knowingly and wilfully bring back to this Island any negro or other slave who shall have been transported from this Island under and by virtue of this Act, or any other Act heretofore in force respecting slaves, such master being convicted thereof by bill, plaint, or information in the supreme court of judicature, or either of the courts of assize of this Island, shall forfeit the sum of three hundred pounds for each slave so brought back; one moiety whereof shall be to our Sovereign Lord the King, 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 the party or parties at whose suit or complaint such person was convicted, and shall also suffer imprisonment, at the discretion of the court for any space of time not less than three nor exceeding twelve months, without bail or mainprize.

 

82d. And be it further enacted by the authority aforesaid, That if any negro or other slave, who may be sentenced to be confined in the workhouse for the term of two years or a less time, shall escape from such confinement before the expiration of his sentence, such negro or other slave being retaken shall, on proof of this or her identity before two justices of the peace, be adjudged by them to be sent back to confinement to complete the term for which he or she was sentenced to confinement, and to receive a whipping not exceeding fifty lashes.

 

83d. And be it further enacted by the authority aforesaid, That if any negro or other slave who may be sentenced to be confined to hard labour for life in any workhouse shall escape therefrom, every such negro or other slave being retaken shall, on proof of his or her identity before two magistrates, be adjudged by them either to be recommitted to his or her former punishment, or to be transported off this Island for life.

 

84th. And be it further enacted by the authority aforesaid, That if the provost-marshal or any of his lawful deputies, or any lawful constable or workhouse-keeper, shall willingly or negligently suffer any slave or slaves to escape, who shall be committed to this or their custody for any offence under this Act, such marshal, constable, or workhouse-keeper, who shall suffer such escape, shall, on conviction thereof before two magistrates, forfeit the sum of fifty pounds, to be recovered in a summary manner by warrant under the hands and seals of the said two magistrates, for the use of the parish, and without injury to the rights of the owner to sue for the value of the same.

 

85th. And be it further enacted, That where any slave or slaves shall be discharged by proclamation, the deputy marshal or workhouse-keeper shall be entitled to receive all such Fees as shall be due to him or them for such slave or slaves, at the time of such discharge, from the public, upon application and due proof made in the most solemn manner to the Assembly, or any committee thereof that such slave or slaves, during the time they were in the custody of such deputy-marshal or workhouse-keeper, was and were found and provided with proper and sufficient provisions, and necessary clothing, agreeable to this law.

 

86th. And be it further enacted by the authority aforesaid, That no gaol-keeper in this Island, or any person acting under him as clerk or deputy, shall on any pretence whatsoever work or employ any slave or slaves sent to his custody upon any plantation, pen, or settlement belonging to or in the possession of any such gaol-keeper, nor hire or lend such slave or slaves out to work for any other person or persons, during the time such slave or slaves shall be in his custody, but that all such slaves shall be and remain the common gaol of the county, parish, or precinct, in order to be inspected by any person or persons desiring the same; and in case any gaol-keeper shall offend herein, he shall for every offence forfeit the sum of fifty pounds.

 

87th. And whereas there are many inferior crimes and misdemeanors committed by slaves, which ought to be punished in a summary manner before two magistrates, be it therefore enacted by the authority aforesaid, That all misdemeanors and inferior crimes committed by any slave or slaves, not hereinbefore mentioned and directed in what manner they are to be tried, shall be tried in a summary manner before two or more justices of the peace of the parish or precinct where the offence shall be committed, reasonable notice of the time and place of such trial being given to the owner, proprietor, or possessor of such slave or slaves, or his, her, or their attorney or attornies, or the person or persons having the care of such slave or slaves; and the said justices of the peace shall, on conviction of such slave or slaves, order and direct such punishment to be inflicted as they shall think proper, not exceeding fifty lashes, or six months imprisonment to hard labour.

 

88th. And be it further enacted, That the clerk of the peace, for attending such summary trial, and making out the order of the magistrates thereat, which he is hereby bound to do under the penalty of fifty pounds, shall be entitled to receive from the churchwardens of the parish the sum of one pound six shillings and eight-pence; and the constable for attending at the trial, and at the execution of the order of the magistrates thereon, shall receive the sum of ten shillings.

 

89th. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the justices aforesaid, and they are hereby required, to do their several and respective duties under this Act, when martial law shall happen to be in force, as they might or ought to have done if martial law were not subsisting; any law, custom, or usage to the contrary in anywise notwithstanding.

 

90th. And be it further enacted by the authority aforesaid, That all penalties in this Act mentioned, and not already declared how they shall be recovered and applied, shall, if not exceeding fifty pounds, be recovered in a summary manner before any two of His Majesty’s justices of the peace, by distress and sale of the offender’s goods and chattels; and if amounting to or exceeding fifty pounds, to be recovered in the supreme court of judicature, or in either of the courts of assize, by action of debt, bill, plaint or information, wherein no essoign, protection, or wager of law, or non vult ulterius prosequi, shall be entered; one moiety of which penalties shall be paid to the churchwardens, for the use of the parish where the offence shall be committed, and the other moiety to the informer, or him, her, or them who shall sue for the same: Provided always, that all proceedings for the recovery of penalties under this Act shall be instituted within twelve months after the offence be committed.

 

91st. And be it further enacted by the authority aforesaid, That all crimes committed by slaves during the time the Act, intituled “An Act for the protection, subsisting, clothing, and for the better order and government of Slaves, and for other purposes,” passed in the year One thousand eight hundred and seven, was in force, shall be heard, tried and determined, and such slave punished in the manner directed by the said Act, and as if the same were now in full force, and for which purpose only the said recited Act shall be considered as still in force.