An Act to repeal an Act, intitled, “An Act to repeal several Acts, and Clauses of Acts, respecting Slaves, and for the better Order and Government of Slaves, and for other Purposes:” And also to repeal the several Acts, and Clauses of Acts, which were repealed by the Act intitled as aforesaid; and for consolidating and bringing into one Act the several Laws relating to Slaves, and for giving them further Protection and Security; for altering the Mode of Trial of Slaves charged with capital Offences; and for other Purposes.

WHEREAS it is for the public good, that all the laws respecting the order and government of slaves should be consolidated and brought into one law, in order to prevent confusion, and that justice may more effectually be executed respecting slaves: And whereas it is found necessary, for the purpose of giving further security to slaves, that the mode of trial of slaves charged with capital offences should be altered: And whereas, in order thereto, it is necessary that all the hereinafter mentioned laws, and clauses of laws, should be repealed; viz. an act of the Governor, Council, and Assembly of this Island, intitled, “An act for regulating servants,” passed in the year of our Lord one thousand six hundred and eighty-one: also, the sixth clause of an act of the Governor, Council, and Assembly, intitled, “A supplemental and explanatory act,” passed in the year of our Lord one thousand six hundred and eighty-three: also the first, second, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, twentieth, twenty-first, twenty-second, twenty-sixth, twenty-seventh, twenty-eighth, twenty-ninth, thirtieth, thirty-first, thirty-second, thirty-third, thirty-fourth, thirty-fifth, thirty-sixth, thirty-seventh, thirty-eighth, thirty-ninth, forty-fifth, forty-sixth, forty-seventh, forty-eighth, and forty-ninth clauses of one other act of the Lieutenant-Governor, Council, and Assembly, intitled, “An act for the better order and government of slaves,” passed in the year of our Lord one thousand six hundred and ninety-six: also, one other act, for the more effectual punishment of crimes committed by slaves, passed in the year of our Lord one thousand seven hundred and seventeen: also, one other act, for the encouragement of voluntary parties to suppress rebellions and runaway negroes, passed in the year of our Lord one thousand seven hundred and eighteen: also, one other act, intitled, “An act to inflict further and other punishments on the transgressors of two several acts, the one intitled, An act for the better order and government of slaves; and the other intitled, An act to prevent the enticing or inveigling of slaves from the possessors, and for the preventing the transportation of slaves by mortgagors and tenants for life and years, and for regulating abuses committed by slaves,” passed in the year of our Lord, one thousand seven hundred and twenty-five: also, one other act, to repeal part of an act, intitled, “An act for the more effectual punishments of crimes committed by slaves, and to oblige the several parishes to pay for all negroes executed in each respective parish,” passed in the year of our Lord one thousand seven hundred and forty: also, one other act, to explain and amend an act, intitled, “An act for the better order and government of slaves, and the making free and rewarding a negro named Hector, belonging to Thomas Fuller, Esquire, and paying his said master the value of the said negro,” passed in the year of our Lord one thousand seven hundred and forty-four: also, on other act, to inflict further and other punishments on runaway slaves, and such as shall entertain them, passed in the year of our Lord one thousand seven hundred and forty-nine: also, one other act, to amend an act, intitled, “An act for the more effectual punishment of crimes committed by slaves, and to oblige the several parishes to pay for all negroes executed in each respective parish,” passed in the year of our Lord one thousand seven hundred and forty-nine: also the sixth and seventh clauses of an act, to prevent the clandestine killing and marking of cattle, and for the better regulating of hunting, passed in the said year of our Lord one thousand seven hundred and forty-nine: and also, an act, intitled, An act for the better order and government of slaves, and for inflicting further and other punishments on persons killing negroes or slaves,” passed in the year of our Lord one thousand seven hundred and fifty-one: also, one other act, to remedy the evils arising from irregular assemblies of slaves, and to prevent their possessing arms and ammunition, and going from place to place without tickets, and for preventing the practice of obeah, and to restrain overseers from leaving the estates under their care on certain days, and to oblige all free negroes, mulattoes, or indians, to register their names in the vestry-books of the respective parishes of this Island, and to carry about them the certificate, and wear the badge of their freedom, and to prevent any captain, master, or supercargo of any vessel, bringing back slaves transported off this Island, passed in the year of our Lord one thousand seven hundred and sixty: also, one other act, to explain and amend an act, intitled, “An act to remedy the evils arising from irregular assemblies of slaves, and to prevent their possessing arms and ammunition, and going from place to place without tickets, and preventing the practice of obeah, and to restrain overseers from leaving the estates under their care on certain days, and to oblige all free negroes, mulattoes, and indians, to register their names in the vestry-books of the respective parishes of this Island, and to carry about them the certificate, and wear the badge of their freedom, and to prevent any captain, master, or supercargo of any vessel, bringing back slaves transported off this Island,” passed in the year of our Lord one thousand seven hundred and sixty-one: also, one other act, to repeal an act, intitled, “An act for the more effectual preventing negroes and other slaves from deserting from their owners, and departing from this Island in a clandestine manner, and to punish such persons as shall be aiding, assisting, or abetting such slaves in their escape, and for the more effectual preventing negroes and other slaves from deserting from their owners, and departing from this Island in a clandestine manner, and to punish such persons as shall be aiding, assisting, or abetting such slaves in their escape,” passed in the year of our Lord one thousand seven hundred and seventy-one: also, one other act, passed in the year of our Lord one thousand seven hundred and seventy-eight, intitled, “An act to explain, alter, and amend an act, passed in the year of our Lord one thousand six hundred and ninety-six, intitled, “An act for the better order and government of slaves:” and also, the thirty-first clause of an act, passed in the year of our Lord, one thousand seven hundred and eighty, intitled, “An act to repeal an act, intitled, An act to prevent the enticing or inveigling of slaves from the possessors, and for the preventing the transportation of slaves by mortgagors and tenants for life and years, and for regulating abuses committed by slaves:” and also one other act, intitled, “An act to inflict further and other punishments on the transgressors of two several acts, the one intitled, An act for the better order and government of slaves, and the other intitled, An act to prevent the enticing or inveigling of slaves from the possessors, and for the preventing the transportation of slaves by mortgagors and tenants for life or years, and for regulating abuses committed by slaves:” and also, one other act, intitled, “An act to repeal part of an act, intitled, An act for the better order and government of slaves:” and also, of one other act, intitled, “An act to prevent the enticing or inveigling of slaves from the possessors, and for preventing the transportation of slaves by mortgagors and tenants for life and years, and for regulating abuses committed by slaves:” and also, part of one other act, intitled, “An act to inflict further and other punishments on the transgressors of two several acts, the one intitled, “An act for the better order and government of slaves,” and the other intitled, “An act to prevent the enticing and inveigling of slaves from the possessors, and for the preventing the transportation of slaves by mortgagors and tenants for life and years, and for regulating abuses committed by slaves:” and also, part of an act, intitled, “An act for the better order and government of slaves, and to prevent the hiding, concealing, inveigling, detaining, knowingly harbouring, or employing the slaves of others, and for preventing the transportation of slaves by mortgagors and tenants for life and years, and for regulating abuses committed by slaves:” and also, one other act, intitled, “An act to repeal several acts, and clauses of acts, respecting slaves, and for the better order and government of slaves, and for other purposes,” passed the twenty-second day of December, in the year of our Lord one thousand seven hundred and eighty-seven: And whereas it is necessary to make further and other provision for the better order and government of slaves, that justice may hereafter be more effectually administered: We, therefore, Your Majesty’s dutiful and loyal subjects, the Assembly of this Your Majesty’s Island of Jamaica, do most humbly beseech Your Majesty that it may be enacted; Be it therefore enacted, by the Lieutenant Governor, Council, and Assembly of the said Island, and it is hereby enacted and ordained, by the authority of the same, That from and after the first day of January, which will be in the year of our Lord one thousand seven hundred and eighty-nine, all and every the said hereinbefore mentioned laws, and clauses of laws, and every part thereof, be and stand annulled, repealed, and made void, and are hereby annulled, repealed, and made void, to all intents and purposes whatsoever; any thing in the said laws, and clauses of laws, or in any other law, contained to the contrary notwithstanding.

 

II. And whereas nothing can contribute more to the good order and government of slaves than the humanity of their owners in providing for, and supplying them with, good and wholesome provisions and proper and sufficient clothing, and all such other things as may be proper and necessary for them during their being in a state of slavery; for which end and purpose, Be it further enacted, by the authority aforesaid, That from and after the first day of January aforesaid, every master, owner, or possessor of any plantation or plantations, pens, or other lands whatsoever, shall allot and appoint a sufficient quantity of land for every slave he shall have in possession upon or belonging to such plantation or plantations, pens, or other lands, as and for the proper ground of every such slave, and allow such slave sufficient time to work the same, in order to provide him, her, or themselves with sufficient provisions for his, her, or their maintenance; and also all such masters, owners, or possessors of plantations, pens, or other lands, shall plant upon such plantations, pens, or other lands, in ground provisions, at least one acre of land for every ten negroes that he shall be possessed of on such plantation, pen, or other lands, over and above the negro grounds aforesaid, which lands shall be kept up in a planter-like condition, under the penalty of fifty pounds. And whereas it may happen, that in many plantations, pens, settlements, and towns in this island, there may not be lands proper for the purposes aforesaid, 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, in order that they may be properly supported and maintained, under the penalty of fifty pounds.

 

III. 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 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 ten pounds for every such offence, to be recovered in a summary manner before any one justice of the peace in this Island; who is hereby authorized, empowered, and required to cause such master, owner, or possessor, his, her, or their attorney or agent, and such other persons as he shall judge necessary, to be summoned before him, to enable him 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 justice of the peace, on his own view, or upon the information of any white person, upon oath, is 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 expence of the master, owner, or possessor, until such trial as aforesaid can be had; and if it shall appear to the said justice, 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 ten pounds, and the fees to such workhouse for the maintenance of such slave or slaves, together with the charges of the conviction, the said justice is hereby required and empowered, under the penalty of twenty pounds, forthwith, by warrant under his hand and seal, 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 sum of ten pounds, and charges as aforesaid; one moiety of which said fine shall be paid to the informer, and the other moiety shall be paid into the hands of the church-wardens of such parish, for the poor of the said parish; any law, custom, or usage to the contrary notwithstanding.

 

IV. And, for the better encouragement of slaves to do their duty to their masters, owners, or possessors, 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 reside.

 

V. And be it further enacted, by the authority aforesaid, That all masters and mistresses, owners, or in their absence, overseers of slaves, shall, as much as in them lies, endeavour the instruction of their slaves in the principles of the Christian religion, whereby to facilitate their conversion, and shall do their utmost endeavours to fit them for baptism, and, as soon as conveniently they can, shall cause to be baptised all such as they can make sensible of a Deity and the Christian faith.

 

VI. And be it further enacted, by the authority aforesaid, That every master, owner, proprietor, attorney, guardian, executor, administrator, or other person, at their giving in an account of their slaves and stock to the justices and vestry, on the twenty-eighth day of December in every year, shall, under the penalty of fifty pounds for every neglect, also give in on oath an account of the quantity of land in ground provisions, over and above the negro grounds, upon such plantation, pen, or other settlement, where there are lands proper for the cultivation of such provisions; and where there are not lands proper for such purposes, then an account on oath of the provision made on such plantation, pen, or other settlement, or means adopted for the maintenance of the slaves thereon; and shall also at the same time, under the like penalty, 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.

 

VII. And, in order to encourage slaves for every good and worthy act they shall do, Be it further enacted, by the authority aforesaid, That every slave or slaves that shall take up any runaway slave or slaves, or 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 owner or owners, every such slave or slaves so informing shall be entitled to such reward as any justice shall in reason and justice think just and reasonable, and be paid by such person or persons as such justice shall determine ought to pay the same, not exceeding twenty shillings.

 

VIII. 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 church-wardens 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 with a red cross the right shoulder, to be paid by the church-wardens of the respective parishes where such slave or slaves shall have been killed or taken, the whole expence whereof shall be reimbursed by the receiver general for the time being, out of any monies in his hands unappropriated.

 

IX. 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 hereby declared to be without prejudice to any action, that could or might be brought at common law for recovery of damages for or 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 such of the said slave or slaves so made free, the sum of ten pounds per annum for his, her, or their 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 certain conviction of the fact, 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 expence 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 meet are hereby created and appointed a council of protection of such slave or slaves; and the said justices and vestry so met, are hereby directed and empowered to make further and full inquiry, 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 expence of which prosecution shall be defrayed at the expence of 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 beforementioned 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 carry or deliver the body or bodies, of 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 carrying or delivering before such justices and vestry such slave or slaves.

 

X. And be it further enacted, by the authority aforesaid, That in case any information is made before any justice of the peace, that any slave or slaves is or are so mutilated and confined, it shall and may be lawful for such justice of the peace, and he is hereby impowered, required, and directed forthwith to issue his warrant to any constable, or the provost marshal or his lawful deputy, ordering them or any of them immediately to proceed to where such slave or slaves so mutilated are confined, and such slave or slaves to seize and take up, and him or them so seized or taken up to bring before some justice of the peace, to be dealt with according to law.

 

XI. And be it further enacted, by the authority aforesaid, That if any person hereafter shall wantonly, willingly, or bloody-mindedly kill 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 any wise notwithstanding.

 

XII. And be it further enacted, by the authority aforesaid, That from and after the first day of January aforesaid, any person or persons, that shall wantonly or cruelly whip, 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 sessions, in this Island, and upon being thereof legally convicted, he, she, or they shall suffer such punishment, by fine or imprisonment, as the judges or justices of such courts shall think proper to inflict, any law, custom, or usage to the contrary 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 cases such slave or slaves shall not be the property of the offender.

 

XIII. And, in order to restrain arbitrary punishments, Be it further enacted, by the authority aforesaid, That no slave on any plantation or settlement, or in any of the workhouses or gaols in 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, under the penalty of five pounds for every offence, to be recovered against the person directing or permitting such punishment.

 

XIV. And whereas, from the decease and removal 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 objected * inflicted with contagious distempers, or disabled from labour by sickness, old 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 vestry-men 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 said 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 of colour made free, where the person or persons manumised or set free such person of colour resided before his decease, 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 appear necessary and expedient.

 

*so in the copies received

 

XV. 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, and as much as in the power of the legislature, all means and opportunities of slaves committing rebellions, conspiracies, and 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 no slave hereafter shall be suffered or permitted on any day (Sunday excepted) to go out of his or her master 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’ and all and every such slave or slaves so travelling or going from one plantation or place to another, without such ticket as aforesaid, shall be apprehended and committed to gaol, and (if without such consent or privity as aforesaid there be whipped, not exceeding thirty-nine lashes, by order of such justice, for his, her, or their offence in the premises; 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) on the owner, overseer, or any other person who shall suffer a slave, being under his or their direction, to go our without a ticket as aforesaid, or shall not cause such punishments to be inflicted as are directed by this act, on any slave who shall go out 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.

 

XVI. 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 several seasons of Christmas, Easter, and Whitsuntide, provided that at any such respective seasons 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 as directed by this act to be given, every person so offending shall forfeit the sum of five pounds.

 

XVII. And whereas it hath been usual and customary with the planters in this Island to allow their slaves one day in every fortnight, to cultivate their own provision grounds (exclusive of Sundays) except during the time of crop; but the same not being compulsory, Be it further enacted, by the authority aforesaid, That the slaves belonging to or employed on every plantation or settlement shall, over and above the holidays hereinbefore mentioned, be allowed one day in every fortnight, to cultivate their own provision grounds (exclusive of Sundays) except during the time of crop, under the penalty of ten pounds, to be recovered against the overseer or other person having the care of such slaves.

 

XVIII. And be it further enacted, by the authority aforesaid, That every field slave on such plantation or settlement shall on work-days be allowed, according to custom, half an hour for breakfast, and two hours for dinner; and that no slave shall be compelled to any manner of field-work upon the plantations 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 ten pounds, to be recovered against the overseer or other person having the care of such slaves.

 

XIX. And be it further enacted by the authority aforesaid, That if any master, owner, guardian, or attorney of any plantation or settlement, shall hereafter knowingly suffer any slaves to assemble together, and beat their military drums, or blow their horns or shells, upon any plantation, pen, or settlement, or in any yard or place under his 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, or attorney, 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 five days after the commission of such offence.

 

XX. 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 suppress and prevent all unlawful drumming, and other noise or concourse of negroes as before mentioned; any law, custom, or usage to the contrary notwithstanding.

 

XXI. And whereas it has been found by experience that rebellions have been often concerted at negro dances and nightly meetings of the slaves of different plantations, when such slaves are generally intoxicated; and it has been found also that those meetings tend much to injure the healths of negroes; Be it therefore 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 knowingly suffer any slaves to assemble together and beat their military 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 six months imprisonment, without bail or mainprize, provided information is made upon oath as aforesaid, before one of His Majesty’s justices of the peace, within five days after the commission of such offence: And provided always, nevertheless, That nothing herein contained shall be construed to prevent any master, owner, or proprietor of any plantation or settlement, or the overseer thereof, from grating 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.

 

XXII. And be it further enacted, by the authority aforesaid, That all slaves who shall hereafter be found to have in his, her, or their custody any fire-arms, gunpowder, slugs, or ball, such slave being thereof convicted, before two justices, shall suffer such punishment as the said justices shall think proper to inflict, by whipping, or hard labour in the workhouse not exceeding the term of six months, unless such slave shall give a satisfactory account thereof, or shall have a ticket or tickets from his, her, or their owners, masters, overseers, or employers, expressing the reason of his being so armed; and that no ticket so given as aforesaid shall continue or be in force for more than fourteen days.

 

XXIII. And be it further enacted, by the authority aforesaid, That if any slave shall offer any violence, by striking or otherwise, to any white person, such slave,  upon due and proper proof, shall, upon conviction, be punished with death, or confinement to hard labour for life, or otherwise, as the court shall in their discretion think proper to inflict; provided such striking or conflict be not by command of his or their owners, overseers, or persons instructed over them, or in the lawful defence of their owners persons or goods.

 

XXIV. And be it further enacted, That any slave or slaves, who shall knowingly harbour or conceal any runaway slave or slaves, shall, on conviction before two justices, suffer such punishment as the court shall think proper to inflict.

 

XXV. 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 therefore further enacted, by the authority aforesaid, That from and after the first day of January aforesaid, any slave or slaves, who shall be found at the distance of eight miles from the house, plantation, or other settlement to which he, she, or they belong, without a ticket or other permit to pass (except on Sunday) shall be deemed a runaway.

 

XXVI. And be it further enacted, by the authority aforesaid, That any person whatsoever, who shall apprehend such 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 six pence per mile afterwards, provided such slave or slaves had absented him, her, or themselves six days, without the privity, knowledge, or consent of the proprietor, overseer, or other white person residing on the plantation or settlement to which such slave or slaves shall belong; which time of absence of such slave or slaves shall be declared on the oath of such proprietor, overseer, or other white person as aforesaid, if the party taking up such slave or slaves shall require it: But it is the true intent and meaning of this act, that every person or persons who shall apprehend any slave or slaves that usually reside in or are employed in any of the towns of this Island, and that at the time are actually run away or absent from their owner, employer, or manager’s service six days, shall be entitled to the reward of ten shillings, although the slave or slaves so taken up should not be eight miles distant from their employer’s habitation.

 

XXVII. And be it further enacted, by the authority aforesaid, That the person or persons so apprehending such slave or slaves shall convey him, her, or them to their respective owner, employer, or manager, or to the workhouse of such parish, if any workhouse is established there; and in case of there being no workhouse, to the next gaol, in case the owner, employer, or manager of such slave or slaves shall refuse to pay the said sum of ten shillings, and mile money as aforesaid, or take the oath as to the time of absence; in which case 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: Provided nevertheless, That if such slave or slaves is or are brought to any gaol or workhouse by any white person, free negro, free mulatto, or free Indian, no gaoler or workhouse-keeper shall pay such sum before such person shall have taken an oath that the slave or slaves so apprehended was or were at the reputed distance of eight miles from the house, plantation, or settlement to which such slave or slaves do belong (except as before is excepted), and that such slave or slaves had no ticket or other permit in writing from his master, mistress, overseer, employer, or manager, at the time such slave or slaves was or were apprehended, for him, her, or them to pass unmolested; and that the said slave or slaves had been carried first to the owner, employer, or manager of such slave or slaves (provided such owner, employer, or manager shall be in the parish in which the said slave or slaves shall be apprehended), and that the master, mistress, overseer, or manager had refused to pay for the apprehending him, her, or them, according to the intent and meaning of this act: and that no ticket shall be granted to any slave or slaves for any time exceeding one calendar month.

 

XXVIII. And, that it may be publicly known in the respective parishes what slaves are runaway, Be it further enacted, by the authority aforesaid, That every owner or owners, employer or employers of slaves, under the penalty of five pounds for every offence, shall, by him, her, or themselves, or by the overseer or manager of their respective plantations or settlements, within the first ten days of the months of March, June, September, and December, in each and every year, deliver or cause to be delivered to the custos or any magistrate of their respective parishes, an account upon oath (which oath any magistrate is hereby empowered and required to administer) of the number of slaves run away from him, her, or them, or from his, her, or their respective plantations or settlements, in which account shall be inserted the names of such slaves, and the time when each slave shall have been absent or runaway; and every magistrate is hereby required, under the penalty of ten pounds, to transmit such accounts as shall be delivered in to him to the clerk of the vestry, by the twentieth day of the months hereinbefore mentioned; and the said clerk of the vestry is hereby directed and required, under the penalty of five pounds, to enter such accounts in a book to be kept by him for that purpose, and at the quarterly meeting of the justices and vestry to lay the same before them.

 

XXIX. And be it enacted, by the authority aforesaid, That on the twenty-eighth day of December in every year (the time of giving in as aforesaid), or within thirty days after, the owner, overseer, or manager of every plantation, pen, or settlement, shall give in on oath an account of all the births and deaths of the slaves of such plantation, pen, or settlement, for the preceding year, under the penalty of fifty pounds, to be recovered from the owner of such plantation, pen, or other settlement.

 

XXX. And be it further enacted by the authority aforesaid, That if the not giving in upon oath such several accounts shall be owing to the neglect of the overseer or manager of such plantation, pen, or other settlement, it shall and may be lawful for the owner, proprietor, or possessor of such plantation, pen, or other settlement, to stop and detain the penalty he or she shall suffer by this law, out of the wages of such overseer or manager.

 

XXXI. And be it further enacted, by the authority aforesaid, That the doctor or surgeon of every plantation, pen, or other settlement, shall, on the twenty-eighth day of December in every year (the time of giving in as aforesaid), or within thirty days after, give in an account upon oath of the deaths of such slaves as have died in the preceding year, or during such time as such doctor or surgeon hath had the care of the slaves on such plantation, pen, or other settlement, with the cause of such deaths, to the best of his knowledge, judgment, and belief, under the penalty of twenty pounds for every neglect; and in case it shall appear to the satisfaction of the justices and vestry, from the return of the owner, overseer, or manager aforesaid, that there has been a natural increase in the number of slaves on any such plantation, pen, or other settlement, the overseer shall be entitled to receive from the owner or proprietor of such plantation, pen, or other settlement, the sum of twenty shillings for every slave born on such plantation, pen, or other settlement, in the time aforesaid, and which shall be then living; and the owner or proprietor of such plantation, pen, or other settlement, shall have a deduction from the first of his or her public taxes that shall become due of the sum so paid to the overseer, on producing a certificate of the justices and vestry of such increase, and a receipt of the overseer for the sum so paid.

 

XXXII. And whereas the more effectually to conceal a runaway slave, or prevent his being apprehended, tickets are given by free negroes, free mulattoes, or indians; Be it further enacted, by the authority aforesaid, That any free negro, mulatto, or Indian, granting or giving such ticket with such intent, shall be deemed guilty of forgery, and 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.

 

XXXIII. 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 absenting themselves from their owner, employer, overseer, or manager, such white person shall be deemed guilty of forgery, and 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.

 

XXXIV. 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 and proprietors may apply for such slaves; Be it further enacted, by the authority aforesaid, That from and after the first day of January aforesaid, 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 every week, to advertise in the Gazette of St. Jago de la Vega, the Royal Gazette of Kingston, 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 owner 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 advertised, at and after the rate of one shilling and three pence per month for each paper, and no more; 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 on 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 six pence in the pound for laying out his or their money, the cost of advertising after the rate above mentioned, and six pence for every twenty-four hours such slave or slaves shall have been in custody, 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 this law.

 

XXXV. 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.

 

XXXVI. And be it further enacted, by the authority aforesaid, That all slaves who shall have been twelve calendar months in any gaol or workhouse, and shall have been advertised in the manner directed in this act, and no person having appeared to claim and pay the fees of such slave or slaves, that then the fees of such slave or slaves shall be paid by the receiver-general; and such slave or slaves shall be sent into the county towns, there to be worked in chains with the other workhouse negroes; and that it shall and may be lawful for the owner of such slave to claim him or her at any subsequent period, and on proving his or her property, to the satisfaction of any judge of the grand court, or any two magistrates, such owner shall recover such slave, paying to the receiver-general such sum of money as he actually paid to the gaoler or workhouse-keeper at the expiration of the said term of twelve months; and that the said workhouse-keeper be empowered to hire out such slaves, and that the profits arising from such hire be applied in the first place to the maintenance of such slave in the same manner as the other workhouse negroes are maintained, and the remainder of such hire be paid annually to the receiver-general, to assist in reimbursing the fees paid by him for such slaves as may never be claimed. Provided also, That such workhouse-keeper be obliged to give the receiver-general, on or before the twentieth day of every January after the ensuing year, a regular account upon oath of the profits arising from the hire of such slaves to the thirty-first day of December of the year preceding, under the penalty of twenty pounds for each and every slave he shall omit or neglect to give such account of, to be recovered in a summary manner by a warrant from any magistrate, and paid to the receiver-general, and by him to be applied to the credit of the account of fees paid by him for such slaves; and that the said workhouse-keeper be entitled to five pounds per centum on the gross amount of the hire of such slaves.

 

XXXVII. And be it further enacted, by the authority aforesaid, That where any runaway slave or slaves shall die in the custody of any such workhouse-keeper or gaol-keeper, at any time within twelve calendar months aforesaid, and the owner or owners, employer or employers of such runaway slave or slaves so dying cannot be known, such workhouse-keeper or gaol-keeper shall in such case be entitled to receive all such fees as shall be due to him or them for such slave or slaves, at the time of his or her death, from the public, upon application and due proof made in the most solemn manner to the Assembly, or any committee thereof, that such workhouse-keeper or gaol-keeper had used his utmost endeavours to find and know the owner or owners, employer or employers, of such slave or slaves so dying, and could not; and that such slave or slaves, during the time they were in the custody of such workhouse-keeper or gaol-keeper, was or were found and provided with proper and sufficient provisions equal to what is allowed by this law.

 

XXXVIII. 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 as a runaway, or otherwise committed by a magistrate 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 such time such slave or slaves shall be in his custody; but that all such slaves shall be and remain in the common gaol of the county or parish, 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.

 

XXXIX. And be it further enacted, by the authority aforesaid, That all slaves who shall have been in this Island for the space of two years, and shall run away and continue absent for the term of six months, shall be liable to be tried by any two justices, and upon conviction thereof such slave or slaves shall suffer such punishment as the said justices shall think proper to inflict.

 

XL. 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, 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 any evils that might otherwise happen; Be it therefore enacted, by the authority aforesaid, That from and after the first day of January aforesaid, any slave who shall pretend to any supernatural power, in order to affect the health or lives of others, or promote the purposes of rebellion, shall upon conviction thereof suffer death, or such other punishment as the court shall think proper to direct; any thing in this or any other act to the contrary in any wise notwithstanding.

 

 XLI. And be it further enacted, by the authority aforesaid, That if any negro or other slave shall mix or prepare with an intent to give, or cause to be given, any poison or poisonous drug, or shall actually give, or cause to be given, any such poison or poisonous drug, although death may not ensue upon the taking thereof, the said slave or slave, together with their accessaries as well before as after the fact (being slaves) being duly convicted thereof, shall suffer death, or be confined to hard labour for life, as the court shall determine; any thing in this or any other act to the contrary notwithstanding.

 

XLII. And whereas great numbers of horned cattle, sheep, goats, 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 that 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 further 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, or goat, or the flesh of horse, mare, mule, or ass, in any quantity exceeding five, and not exceeding twenty pounds weight, 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, 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, that then such negro or other slave, upon conviction thereof, shall suffer such punishment as the said two justices shall think proper to direct, not extending to life or imprisonment for life.

 

XLIII. And be it further enacted, by the authority aforesaid, That if any negro or other slave shall, after the first day of January aforesaid, steal any such horned cattle, sheep, goat, horse, mare, mule, or ass, or shall kill any such horned cattle, sheep, goat, horse, mare, mule, or ass, with intent to steal the whole carcase of any such horned cattle, sheep, goat, horse, mare, mule, or ass, or any part of the flesh thereof, such negro or other slave shall on conviction thereof suffer death, or such other punishment as the court shall think proper to inflict.

 

XLIV. 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 the first day of January aforesaid, upon complaint made to any justice of the peace of any felony, burglary, robbery, burning of houses, cane pieces, 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, or confinement to hard labour for life, such justice shall issue out his warrant for apprehending such offender or offenders, and for all persons to be brought before him, or any other justice of the peace, that can give evidence (and the evidence of slaves against one another, in this and all other cases, shall be received); and if upon examination it appears probable 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 such 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 to summon twelve persons, such as are usually warned and impanelled 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 of such master, owner, or proprietor, or the person prosecuting, his or her attorney, guardian, trustee, overseer, or book-keeper, always excepted) personally to be and appear before the said justices at the day and place aforesaid, to be expressed in such warrant, and between the hours of eight and twelve in the forenoon, when and where the said persons so warned are hereby severally required to attend, under the penalty of five pounds, 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 be sworn to try the matter before them, and to give a true verdict according to evidence; and the charge or accusation being read (which shall be deemed valid, if sufficient in substance) 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 confinement to hard labour for life, or for any limited time, according to the nature of the offence, and shall cause such sentence to be carried into execution, and at such time and place as they shall think proper (women with child only excepted) whose execution shall be respited until after delivery. Provided always, nevertheless, 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 enquiring of, hearing, and determining all manner of offences for which any slave or slaves are liable to be punished with death, or confinement to hard labour for life, 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 hereinbefore mentioned are by this act directed to proceed in the 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 slave and slaves who shall 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 cause a jury, consisting of nine jurors, to be called and taken from the panel returned to the said court of quarter sessions, and shall cause them to be severally sworn, as they shall appear, to try all and every such slave and 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.

 

XLV. And be it further enacted, by the authority aforesaid, That all and every the jurors, who shall be 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. Provided also, 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 Commander in Chief 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 Commander in Chief is known, the said justices shall be obliged to suspend the same for thirty days, except in cases of trial of any slave or slaves convicted of actual rebellion, 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.

 

XLVI. And be it further enacted, 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, or confinement to hard labour for life; and that upon all such trials, no peremptory challenges of any of the said jurors, or any exception to the form of the indictment, shall be allowed.

 

XLVII. 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 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 five pounds; and the mode of such execution shall be hanging by the neck, and no other; and the body shall be afterwards disposed of in such manner as the court shall direct. And provided also, That where several slaves are capitally convicted for the same offence, one only shall suffer death, except in cases of murder or rebellion.

 

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

 

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

 

L. And be it further enacted, by the authority aforesaid, That a record shall be entered up of all proceedings on the trials of slaves, for any crimes that shall subject any slave or slaves to suffer death or confinement to hard labour for life, in a book kept for that purpose by the clerk of the peace, or his lawful deputy of the 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 church-wardens of such parish the sum of two pounds fifteen shillings, and no more, for attending each trial, entering up the record, and any other business incidental thereto. And further, That the deputy marshal for the said parish, or some proper person acting under him, shall also be obliged to attend such trial, under the same penalty of twenty pounds for each neglect; and that he shall be entitled to receive from the church-wardens of such parish forty shillings for attending at the trial and execution of such offender as shall be condemned to die, and no more.

 

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

 

LII. And be it further enacted, by the authority aforesaid, That in all cases where any slave or slaves shall be put upon his, her, or their trial, and shall be sentenced to die, or to hard labour during life in any of the workhouses of this Island, the court, at the time of trying such slave or slaves, shall also enquire what sum or sums of money such owner, proprietor, or employer 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 forty pounds for each slave executed or sentenced to hard labour during life as aforesaid.

 

LIII. And be it further enacted, by the authority aforesaid, That in all cases where any slave or slaves shall be brought to trial, and shall be valued according to the direction of this act, such slave or slaves shall be paid for by the receiver general of this Island, out of any monies in his hands unappropriated.

 

LIV. And be it further enacted, by the authority aforesaid, That if any slave or slaves, transported off this island under any former act, for any fault or crime, shall at any time wilfully return, upon complaint made to any one justice of the peace, and the said justice, upon view of the record, and the identity of said slave being proved, he is hereby empowered and required, under the penalty of fifty pounds, immediately to issue out a warrant under his hand and seal, to any marshal or constable, forthwith to apprehend the said slave or slaves so returning, and commit them to any of the workhouses in this Island, there to be confined to hard labour for life.

 

LV. And whereas there are many inferior crimes and misdemeanors committed by slaves, which ought to be punished in a summary manner, by order of the magistrates; Be it therefore enacted, by the authority aforesaid, That from and after the first day of January aforesaid, it shall and may be lawful for any two justices of the peace to hear and determine, in a summary manner, all such crimes and misdemeanors, giving sufficient notice to the owner or proprietor of such slave or slaves, or his or her attorney or attornies, or the person having the care of such slave or slaves, of the time and place of trial, and to order and direct such punishment to be inflicted on them as such justices in their judgment shall think fit, not exceeding fifty lashes, or six months confinement to hard labour. The expences of such trial shall not exceed ten shillings to the constable, and shall be paid by the master, owner, or employer of such slave or slaves: and in case such master, owner, or employer of such slave or slaves shall refuse or neglect to pay such expences, it shall and may be lawful for the said justices, or either of them, to issue his or their warrant, under his or their hand and seal, directed to any constable, for levying the same on the goods and chattels of such master, owner, or employer, and to sell the same at public outcry, for the purpose of paying such expences, together with the charges attending the granting and executing such warrant and sale of goods and chattels, returning the overplus, , if any, to the owner thereof.

 

LVI. And whereas great advantages have arisen to the community from the establishment of workhouses in the respective parishes in this Island, for the reception of runaway and other slaves: And whereas there now are many such slaves in the possession of the provost marshal, or his lawful deputies, which might be employed in the workhouses in this island to great advantage; Be it therefore enacted, by the authority aforesaid, That from and after the first day of January next, it shall and may be lawful for the governors and guardians of the respective workhouses in this Island, if to them it shall seem meet, to demand and receive from the provost marshal, or his lawful deputies, all or any of the runaway negroes or other slaves in his or their possession ,or that may hereafter come into his or their custody or possession, upon the said governors and guardians paying unto the provost marshal, or his lawful deputies, the full amount of the fees and other contingent charges attending the said runaway slaves during the time of their being committed to gaol, agreeably to this or any former act; and the provost marshal, and his lawful deputies, shall comply with such requisitions, under the penalty of fifty pounds.

 

LVII. And be it further enacted, by the authority aforesaid, That whenever any slave or slaves shall be sentenced to a workhouse for any time exceeding six months, and short of confinement for life, the justices shall value the time for which the said slave or slaves shall be sentenced to the workhouse, at a rate not exceeding five pounds per annum, for so long as the said slave or slaves may live; which said value shall be paid to the proprietor or proprietors of such slave or slaves by the church-wardens of the parish where the workhouse is situated, or to which the said slave or slaves shall be sentenced to confinement; and the owner or owners of such slave or slaves, or of any slave to be confined for six months or any shorter time, shall not be liable to pay any fees for the time such slave or slaves shall be confined.

 

LVIII. 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 establish, but to such workhouse only.

 

LIX. And whereas the permitting and suffering negro and other slaves to keep horses, mares, mules, asses, 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 on or before the first day of January aforesaid, the master, owner, proprietor, attorney, guardian, executor, administrator, or other person in possession of every plantation or pen in this island, having on any such plantation or pen any horse, mare, mule, or gelding, the reputed property of any slave or slaves, knowing the same to be such, shall cause them to be taken up, and shall produce them at the most public place in the parish where taken up, at such time as the justices and vestry shall by advertisement in the public news-papers appoint for that purpose; and that such horses, mares, mules, and geldings be then and there sold and disposed of at public outcry: and if any master, owner, proprietor, attorney, guardian, executor, administrator, or other person as aforesaid, shall neglect or refuse so doing, each and every of them shall, for every neglect or refusal, respectively forfeit the sum of twenty pounds, to be recovered in a summary manner before any two justices of the peace for the parish or precinct where such neglect or refusal shall happen, by the oath of one or more credible witness or witnesses; which penalty shall be, one moiety to the use of the poor of the parish, and the other moiety to the person complaining.

 

LX. And be it further enacted, by the authority aforesaid, That from and after the first day of January aforesaid, no master, owner, proprietor, attorney, guardian, executor, administrator, 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 twenty pounds, to be recovered in manner aforesaid.

 

LXI. And be it further enacted, by the authority aforesaid, That every master, owner, proprietor, attorney, guardian, executor, administrator, or other person, at the respective times of their giving in an 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: and 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 twenty pounds, to be recovered in the same summary manner, and to be disposed of as hereinbefore mentioned.

 

LXII. And be it further enacted, by the authority aforesaid, That from and after the first day of January aforesaid, no negro or other slave in this Island shall purchase or buy any horse, mare, mule, or gelding, under the penalty of forfeiting such horse, mare, mule, or gelding, and to be disposed of as hereinbefore mentioned: and if any person whatsoever shall sell or give any horse, mare, mule, or gelding, to any negro or other slave, or to any person in trust for such negro or other slave, every such person shall, for every such horse, mare, mule, or gelding so sold or given, forfeit the sum of twenty pounds: and every person who shall purchase or be concerned in the purchase of any horse, mare, mule, or gelding, in trust for any negro or other slave, shall forfeit the sum of twenty pounds; which said penalties shall be recovered in the same summary manner, and disposed of as hereinbefore mentioned; any law, custom, or usage to the contrary in any wise notwithstanding.

 

LXIII. 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 shall be afterwards proved, that the owner, possessor, attorney, guardian, or overseer of such slave, wilfully detained or concealed said slave, he, she, or they shall forfeit the sum of one hundred pounds.

 

LXIV. And whereas several slaves have lately 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 thereby be induced to attempt or 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 punishment provided by law for such desertion and 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 further enacted, by the authority aforesaid, That from and after the first day of January aforesaid, if any slave shall run away 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 and going off, or conspiring or attempting to go off, or so aiding, assisting, or abetting in such going off (being duly convicted before the quarter sessions) shall suffer death, or such punishment as the said court shall think proper to direct.

 

LXV. And be it further enacted, by the authority aforesaid, That if any negro, mulatto, or indian of free condition, shall, on or after the first day of January aforesaid, 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 any of the assize courts of this Island, such negro, mulatto, or indian of free condition, shall be forthwith transported off this Island by the provost marshal general, 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 afterwards be found at large in this Island, he, she, or they, being thereof convicted before the supreme court of judicature, or courts of assize, in this Island, shall suffer death.

 

LXVI. And be it further enacted, by the authority aforesaid, That if any white person or persons shall knowingly be aiding, assisting, or abetting to 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 courts of assize, shall forfeit the sum of one 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.

 

LXVII. 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 such slave or slaves in going off this Island, whether the principal or principals be convicted or not; any thing in this or any other act, law, custom, or usage, to the contrary notwithstanding.

 

LXVIII. And whereas the overseers of estates in this Island make a frequent practice of leaving the several estates under their care and management, on the respective seasons allowed for negro holidays; whereby many dangerous meetings and pernicious practices are carried on: in order, therefore, to prevent the like for the future, Be it further enacted, by the authority aforesaid, That if any overseer in this Island shall absent himself from the estate under his care and management, on any of the particular holidays hereinbefore mentioned to be allowed to slaves, without leave of his employer, every such overseer so offending shall for every offence forfeit the sum of five pounds, to be recovered by information upon oath before any justice of the peace, in a summary way, in the parish where such offence shall happen; any law, custom, or usage to the contrary notwithstanding.

 

LXIX. And whereas many inconveniences have arisen from slaves going about this Island under the pretence of being free; in order to prevent the like for the future, Be it enacted, by the authority aforesaid, That the justices and vestry in each respective parish within this Island shall, within three months after the commencement of this act, cause diligent inquiry to be made within their respective parishes, as to the number of negroes, mulattoes, or indians of free condition, and cause them to be warned to attend at their next meeting, and give an account in what manner they obtained their freedom, that their, that their names and manner of obtaining their freedom may be registered in the vestry books of such parishes, and that those not having certificates, shall receive a certificate of their freedom from the clerks of such vestries respectively; which certificate they are hereby obliged to have attested under the hand and seal of the Commander in Chief for the time being, within three months from the date thereof, under the penalty of six weeks imprisonment in the workhouse; which certificate shall, by the Commander in Chief for the time being, be so attested without fee or reward; and that such certificate of the freedom of any negro, mulatto, or indian, as well those now free, as those who may hereafter become free, shall by such free negro, mulatto, or indian, be produced to the justices and vestry on the twenty-fifth day of March in each year, or on the first vestry day after that day, to be by them inspected, under the penalty of forty shillings on each negro, mulatto, or indian, for each neglect; which certificate, so to be attested under the hand and seal of the Commander in Chief as aforesaid, such negroes, mulattoes, or indians shall and they are hereby obliged constantly to carry about them, and shall also be obliged to wear the badge of their freedom, under the penalty of ten pounds for every neglect; free negroes, mulattoes, or indians, possessed of a real estate, or claiming any privileges or immunities by virtue of any law of this Island, excepted.

 

LXX. And be it further enacted, by the authority aforesaid, That if any such negro, mulatto, or indians, shall neglect to attend the vestry of each respective parish as aforesaid, in order to she their right to freedom, after having been warned five days at the least (such warning to be attested on oath by the person serving the same) shall, on not shewing sufficient cause for his or her non-attendance, be, by warrant under the hand and seal of any one of His Majesty’s justices of the peace where such offender resides, taken up and committed to gaol for a space not exceeding one month.

 

LXXI. And be it further enacted, by the authority aforesaid, That if any negro, mulatto, or indian, as aforesaid, shall be obliged, towards the proof of freedom, to make search, in pursuance of this act, of his or her title, in any office of this Island, the charge of such search or searches shall be made good to him or her by the parish where he or she resides.

 

LXXII. 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 thereof notwithstanding.

 

LXXIII. And be it further enacted, by the authority aforesaid, That it shall not be lawful for any justices of the peace, sitting on the trial of any slave or slaves, or otherwise, to sentence or order any slave to be mutilated or maimed for any offence whatsoever.

 

LXXIV. And be it further enacted, by the authority aforesaid, That if the provost-marshal, or any of his lawful deputies, or any lawful constable, shall willingly or negligently suffer any slave or slaves to escape, who shall be committed to his or their custody for any offence under this act, such marshal or constable who shall suffer such escape shall forfeit the sum of fifty pounds to the owner of such slave or slaves, for every slave so escaping.

 

LXXV. And be it further enacted, by the authority aforesaid, That no negro or other slave shall be allowed 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 or they, being thereof convicted before two justices, shall suffer such punishment as they shall think proper to inflict.

 

LXXVI. And be it further enacted, by the authority aforesaid, That no merchant, factor, supercargo, or consignee of any cargo of slaves arriving in any of the ports of this Island, shall hereafter, under the penalty of one hundred pounds, expose such cargo to sale on board the ship or other vessel in which the same is imported, but shall procure or hire, or cause to be procured or hired, a proper place or enclosure ashore, wherein the said slaves shall be sold, taking care, as far as possible, in the sale thereof, not to separate the different branches of one and the same family.

 

LXXVII. And be it further enacted, by the authority aforesaid, That all crimes committed by slaves during the time the said hereinbefore mentioned act, intitled, “An act to repeal several acts, and clauses of acts, respecting slaves, and for the better order and government of slaves, and for other purposes,” was in force, shall be heard, tried, and determined, and such slaves punished, in such manner as was directed by the said recited act, and as if the same was now in full force; and for which purposes only the said recited act shall be considered as still in force.

 

LXXVIII. 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 twenty 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 exceeding twenty pounds, to be recovered in the supreme court of judicature of this Island, or in either of the courts of assize, by action of debt, bill, plaint, or information, wherein no essoign, protection, wager of law, or non vult ulterius prosequi, shall be entered; one moiety of which penalties 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 informer, or him, her, or them who shall sue for the same.

 

   And be it further enacted, by the authority aforesaid, That this act, and every clause, matter, and thing therein contained, shall continue and be in force from the first day of January, which will be in the year of our Lord one thousand seven hundred and eighty-nine, until the thirty-first day of December, which will be in the year of our Lord one thousand seven hundred and ninety-one, and no longer.

 

I PASSED THE COUNCIL, this 5th day of December, 1788. WILL. DUNLOP, Cl. [Constable].

 

I CONSENT, this 6th day of December, 1788. ALURED CLARKE

 

PASSED THE ASSEMBLY, this 6th day of November. 1788. S.W. HAUGHTON, Speaker

 

VERA COPIA EXTUR.

 

WILL. DUNLOP, [Secretary]