An Act to prevent Slaves from selling sugar, rum, molasses, syrups, canes, cane-liquor, live stock, butcher’s meat, and other things; also from carrying off this Island live stock and butcher’s meat without tickets from their owners or managers.

WHERAS the frequent robberies committed by slaves, of sugar, rum, molasses, syrups, canes, cane liquor, sheep, goats, hogs, poultry, and several other things, render it necessary for the Legislature of this Island to impose and endeavour to put a stop to such evil practices, which are promoted by the ease such slaves find in procuring purchasers, from whom they receive great encouragement to rob and steal, to the very great detriment and injury of the inhabitants of this Islands: We, therefore, Your Majesty’s most dutiful any [sic] loyal subjects, the governor and commander in chief of Your Majesty’s Leeward Charibbee Islands in America, and the council and assembly of the Island of Nevis, do pray Your most sacred Majesty, That it may be enacted; and be it and it is hereby enacted by the King’s most excellent Majesty, by and with the advice and consent of the governor and commander in chief of His Majesty’s Leeward Charribbee Islands in America, and the council and assembly of the said Island of Nevis, and by the authority of the same, That from and after the publication of this Act it shall not be lawful for any slave whatsoever in this Island to sell any thing, except “fire wood, grass, vines, herbs, pulse, grain, roots, food made of roots, crabs, sea-fish, and the slaves own particular manufacture,” without a ticket from under the hand of the slave’s owner or manager, specifying the thing or things to be sold, and the quantity of them, with the name of the slave or slaves, and the day of the month, which said ticket shall only remain good and valid for the day on which it is given’ and in case any slave or slaves shall offer any thing (except such things as are before excepted in this Act) for sale without such ticket from his her or their owner or manager, it shall and may be lawful for any white person whatsoever to take away such thing from the said slave and convert it to his or her own use; provided the thing or things so taken from any slave, at the same time, shall not exceed the value of six shillings current money; but if the thing or things so taken are of more than the value of six shillings current money, such thing or things and the slave or slaves in whose custody they are taken, shall be delivered to the provost marshal or his lawful deputy, or to the keeper of the common gaol in Charlestown, who is hereby required to secure such slave or slaves and the thing or things so taken, and to give notice thereof to the owner or managers of the said slave or slaves, for which notice and securing the said slave or slaves the said provost marshal or his lawful deputy shall be paid three shillings current money by the owner or manager of the said slave or slaves; and also the further sum of three shillings current money for the person or persons who shall apprehend the said slave or slaves; and the marshal or his lawful deputy, on receipt of the said sum of six shillings, shall deliver the said slave or slaves, with the goods so taken, to their respective owners or managers: Provided always, nevertheless, that if any person or persons shall claim the goods or any part thereof offered for sale, without a ticket as aforesaid, upon application to the marshal or his lawful deputy, he shall cause the said slave or slaves with the goods so taken, to be carried before any one of His Majesty’s justices of the peace for the said Island, who is hereby authorized and empowered to hear and determine all [2] matters touching the same, and to order such slave or slaves a public correction, not exceeding thirty-nine lashes: And whereas for want of a law to restrain slaves from selling sugar, rum, molasses, syrups, canes, and cane liquors in the public markets of this Island, frequent depredations are committed, to the great grievance of the planters; BE it therefore enacted by the authority aforesaid, That it shall and may be lawful, from and after the publication of this Act, for any white person whatsoever to apprehend any slave or slaves that shall or may sell or expose to sale anywhere, or have in their possession out of their owner’s or manager’s  plantation any sugar, rum, molasses, syrups, canes, or cane liquor which shall be suspected to be stolen, without a ticket, as is hereinbefore directed, from their owner or manager, and to carry such slave or slaves, with the sugar, rum, molasses, syrups, canes, or cane liquor as aforesaid, before any justice of the peace in this Island, who is hereby authorized and empowered, according to the intent and meaning of this Act, to award such sugar, rum, molasses, syrups, canes, and cane liquor to the person or persons who shall or may apprehend such slave or slaves as aforesaid, and to order and direct the offending slave or slaves to be publicly whipped, not exceeding thirty-nine lashes; and if any person or persons shall presume to purchase any sugar, rum, molasses, syrups, canes, and cane liquor, contrary to the intent and meaning of this Act, from any slave or slaves, without a ticket from their owner or manager, such person or persons, notwithstanding the penalty hereinafter mentioned for purchasing without a ticket, be subject nevertheless to be indicted at the court of King’s Bench and Common Pleas in this Island, as the receiver of stolen goods.

And whereas it is a practice for slaves to carry stolen stock off this Island to sell at the Islands of Saint Christopher’s and Statia; BE it and it is hereby enacted by the authority aforesaid, That if any master or commander of any boat or vessel, shall take or permit, or suffer to be taken on board such boat or vessel any live stock or butchers meat to be transported to any place whatsoever for any slave, without a ticket as hereinbefore is directed, such master or commander of such boat or vessel shall for any such offence forfeit and pay the sum of twenty pounds current money.

And be it further enacted by the authority aforesaid, That in case any white or free person shall purchase any thing, (except such things only as are before excepted in this Act) from any slave or slaves not having a ticket as hereinbefore directed, such person or persons shall, upon proof made before any justice of the peace in this Island, forfeit and pay the sum of twenty pounds current money.

And be it further enacted by the authority aforesaid, That if any person whatsoever shall give any slave a ticket in his or her owner’s or manager’s name, to sell any thing without the privity or consent of such owner or manager, such person shall, upon proof been made upon oath by the owner or manager before any one justice of the peace, forfeit and pay the sum of twenty pounds current money.

And be it enacted by the authority aforesaid, That in case any person or persons shall take away any thing from any slave who hath a ticket, or take away the ticket from any slave, (except the goods mentioned in the ticket be all sold) or take away any thing from any slave which the slave is permitted by this Act to sell, without a ticket, such person shall, upon proof made before any justice of the peace in this Island, forfeit and pay the sum of twenty pounds current money, to be levied by distress and sale of the offender’s goods and chattels, by warrant from the said justice, directed to the provost marshal or his lawful deputy, or to any constable; which fine shall be paid, part to satisfy the slave or the value of the things taken away, and the remainder to the poor of the parish where such things are taken away; and if such person hath no goods and chattels sufficient to satisfy the said fine, such person shall suffer imprisonment in the common gaol of this Island three months, if the fine be not sooner paid: Provided always, that nothing in this Act contained shall extend or be construed to extend to make void any clause, matter or thing contained in an Act made in the eleventh year of the reign of his late Majesty George the Second, intituled, “An Act to amend, explain, and make more effectual an Act made in the fourth year of the reign of King George the First, intituled, ‘An Act for the good government of Negroes and other slaves in this Island;’” any thing herein contained to the contrary notwithstanding.

And forasmuch negroes and other slaves are not allowed to give evidence against any white or free person’ BE it further enacted by the authority aforesaid, That in case any person or persons shall purchase any thing from any slave, or carry any thing off this Island for any slave, (except as hereinbefore is excepted) without a ticket as aforesaid, or shall take away any thing from any slave who hath a ticket, or take away a ticket from any slave, or take away any thing from any slave which the slave is permitted by this Act to sell without a ticket, and upon complaint made to a justice of the peace, the fact cannot be proved upon such person by any white or other credible free evidence, the justice is hereby required to issue his warrant to apprehend such person, who shall, unless he make oath to the contrary, forfeit and pay, in the same manner as is before directed by this Act, upon full proof made, any law usage or custom to the contrary in anywise notwithstanding.

And be it further enacted by the authority aforesaid, That all fines and forfeitures imposed by this Act, and not hereinbefore applied, shall be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of the justice or justices before whom the offender shall or may be convicted, directed to the provost marshal or his lawful deputy, or to any constable in this Island, commanding them and either of them to levy on the offender’s goods and chattels; and after the expiration of three days, if the fine or forfeiture be not sooner paid, to expose the same to sale by public auction in the town of Charlestown, the one half of all such fines and forfeitures shall be delivered to the treasurer of this Island for the time being, for the use of His Majesty’s for and fortifications, and the other half to the informer; and if the said goods so levied upon, shall sell for more than is sufficient to pay such fine and forfeiture that shall or may be incurred by a breach of this Act, the overplus, after deducting all reasonable charges, shall be paid to the offender or offenders; and if any offender or offenders shall not have goods and chattels sufficient to satisfy the said fines and forfeitures, such offender or offenders shall be imprisoned three months in the common gaol of this Island, by warrant from the said justice or justices.

And be it further enacted by the authority aforesaid, That if action or suit shall be commenced against any person or persons, in any court whatsoever, for any thing done in pursuance of this Act, the defendant or defendants may plead the general issue, and give this Act or any other special matter thereof in evidence; and in case such defendant or defendants shall be found not guilty, or the plaintiff or plaintiffs be nonsuited, the defendant or defendants shall recover treble costs against the plaintiff or plaintiffs for his or their unjust vexation.

And be it further enacted by the authority aforesaid, That this Act shall continue and be in force for seven years from the publication, and from thence until the end of the then sitting assembly of this Island, and no longer. 

Dated in Antigua, the first day of February, in the year of our Lord one thousand seven hundred and ninety, and in the thirtieth year of the reign of our Sovereign Lord George the Third, by the grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c.

Passed the Assembly, this fifth day of December, in the year of our Lord one thousand seven hundred and eighty-nine. William Higgins, Speaker. William Burke, Clerk pro tempore.

Passed the Council, this twenty-sixth day of January, in the year of our Lord one thousand seven hundred and ninety. Roger Pemberton, Clerk of the Council.

Published in Charlestown, by beat of drum, this second day of February one thousand seven hundred and ninety. Roger P. Bridgwater, D.P. Marshal.

Passed by the Governor in Chief, the first day of February one thousand seven hundred and ninety, and in the thirtieth year of His Majesty’s reign. Thomas (L.S.) Shirley.

Nevis:--- February eighth, one thousand seven hundred and ninety. I do hereby Certify, That the Act as aforesaid is a true Copy, as taken from the original recorded in the Secretary’s office of this Island. Roger Pemberton, Dep. Secretary.