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.

 

Viz. an act of the Governor, Council, and Assembly of this island, entitled, "An act for regulating servants," passed in the year of our Lord 1681;

 

Also the 6th clause of an act of the Governor, Council, and Assembly, entitled, "A supplemental and explanatory act," passed in the year of our Lord 1683;

 

Also, the 1st, 2d, 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 13th, 14th, 15th, 16th, 17th, 18th, 19th, 20th, 21st, 22d, 23rd, 24th, 25th, 26th, 27th, 28th, 29th, 30th, 31st, 32d, 33d, 34th, 35th, 36th, 37th, 38th, 39th, 45th, 46th, 47th, 48th, and 49th clauses of one other act of the Lieutenant-Governor, Council, and Assembly, entitled, "An act for the better order and government of slaves," passed in the year of our Lord 1696;

 

Also, one other act, "for the more effectual punishing of crimes committed by slaves," passed in the year of our Lord 1717;

 

Also, one other act, "for the encouragement of voluntary parties to suppress rebellions and runaway negroes," passed in the year of our Lord 1718;

 

Also, one other act, entitled, "An act to inflict further and other punishments on the transgressors of two several acts, the one entitled, 'An act for the better order and government of slaves,' and the other entitled, '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,'" passed in the year of our Lord 1725;

 

Also, one other act, "to repeal part of an act, entitled, '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 1740;

 

Also, one other act, "to explain and amend an act, entitled, '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 1744;

 

Also, one other act, "to inflict further and other punishments on runaway slaves, and such as shall entertain them," passed in the year of our Lord 1749;

 

Also, one other act, "to amend an act, entitled, '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 1749;

 

Also, the 6th and 7th 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 1749;

 

And also, an act, entitled, "An act to explain part of an act, entitled, '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 1751;

 

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 1760; 

 

Also, one other act, "to explain and amend an act, entitled, '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 1761;

 

Also, one other act, "to repeal an act, entitled, '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 1771;

 

Also, one other act, passed in the year of our Lord 1778, entitled, "An act to explain, alter, and amend an act passed in the year of our Lord 1696, entitled, 'An act for the better order and government of slaves;" 

 

And also the 31st clause of an act, passed in the year of our Lord 1780, entitled, "An act to repeal an act, entitled, '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, entitled, 'An act to inflict further and other punishments on the transgressors of two several acts, the one entitled, 'An act for the better order and government of slaves,' and the other entitled, '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, entitled, 'An act to repeal part of an act, entitled, 'An act for the better order and governments of slaves,' and also on other act, entitled, '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 part of one other act, entitled, 'An act to inflict further and other punishments on the transgressors of two several acts, the one entitled, 'An act for the better order and government of slaves,' and the other entitled, '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 abused committed by slaves,' and also part of an act, entitled, '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 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 March, which will be in the year of our Lord one thousand seven hundred and eighty-eight, all and every the said herein before-mentioned laws, and clauses of laws, and every party 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, in anywise notwithstanding. 

 

[Clause 1] 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 cloathing, 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 March 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.  

 

[Clause 2] 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. 

 

[Clause 3] 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, execution, 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 burdensome 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 authorised, 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 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 sum of ten pounds, and the fees to such workhouse, for the maintenance of such slave or slaves, together with the charges of the convictions, 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 shall be paid into the hands of the churchwardens of such parish, for the poor of said parish, any law, custom, or usage of the contrary notwithstanding.

 

[Clause 4] 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 cloathing, to be approved of by the justices and vestry of the parish where such master, owner, or possessor of such slaves reside. 

 

[Clause 5] 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 on 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, and under the like penalty, give in an account, on oath, of the nature and quantity of the cloathing actually served to each slave on such plantation, pen, or other settlement, for the approbation of the justices and vestry, as aforesaid.

 

[Clause 6] And, in order to encourage slaves for every good and worthy act that they shall do, be it further enacted, by the authority aforesaid, That every slave or slaves that shall take up any runaway slave, 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. 

 

[Clause 7] And be it further enacted, by the authority aforesaid, That if any slave or slaves shall kill, or take, any slave or slaves in actual rebellion, he or they shall receive from the churchwardens of the respective parishes where such slave or slaves shall have been killed, the sum of three pounds, and the sum of five pounds, if taken alive, and a blue cloth coat, with a red cross on he right shoulder, to be paid by the churchwardens 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. 

 

[Clause 8] 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 authorised, 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 an 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 met, are hereby created and appointed a council of protections of such slave or slaves: —and the said justices and vestry, so met, are hereby directed and empowered, to make further and full enquiry, upon view, into the commitment of the mutilation of such slave or slaves; and, if to them it shall appear proper, the said justices and vestry are hereby empowered and required to prosecute to effect such owner or owners; the 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 out of purse, by them laid out and expended in such suit or suits, against such owner or owners of such slave or slaves, and recover al 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 direct 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.

 

[Clause 9] 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 empowered, 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, to bring before some justice of the peace*, to be dealt with according to law. 

 

*There seems to be an inaccuracy here, and that these words, viz. in order that the offenders may, should be placed in the room of the word to; when it will run thus - justice of the peace, in order that the offenders may be dealt with according to law.

 

[Clause 10] 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, after conviction, suffer death for the said offence: —Provided always, that such conviction shall not extend to the corrupting the blood, or the forfeiture of lands or tenements, goods or chattels; any law, custom, or usage, to the contrary thereof, in anywise notwithstanding. 

 

[Clause 11] And be it further enacted, by the authority aforesaid, That from and after the first day of March aforesaid, any person or persons that shall wantonly or cruelly, whip, beat, bruise, wound, or imprison, or keep in confinement without sufficient support, and slave or slaves, not being his, her, or their own property, or not being under his, her, or their management, care, or employ, 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, but fine or imprisonment, as the judges or justices of such courts shall think proper to inflict; any law, custom, or usage to the contrary in anywise notwithstanding: — And such punishment is hereby declared to be without prejudice to any action at common law that could or might be brought for the recovery of damages for and on account of the same. 

 

[Clause 12] 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 objects, 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 vestrymen of the several towns and parishes in this island be empowered, and they are hereby empowered, to lay a tax upon the inhabitants of the 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, cloathing, medical care, and attendance in the workhouses 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 retrospective workhouses of each parishes, 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 who 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. 

 

[Clause 13] And whereas it is absolutely necessary, that the slaves in this island should be kept in due obedience to their owners, and in due subordination to the white people in general, and, as much as in the power of the legislature, all means and opportunities of slaves committing rebellious 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 out 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; and law, custom, or usage to the contrary notwithstanding. 

 

[Clause 14] And be it further enacted, by the authority aforesaid, That at every meeting of the respective quarter-sessions in this island, the justices are hereby required and obliged, under the penalty of five pounds on every justice present, to order the constables to attend every holiday at markets, or places of public resort of negroes in their respective parishes, there to apprehend all such slaves as they shall find without tickets; and being so apprehended, that they carry them before any of the said justices, to be punished according to the directions of this act: — which order, at each respective quarter-sessions, the justices are to direct the clerk of the peace to enter up as an order of that court, and to give notice thereof at the most public place in their respective parishes, within ten days after every quarter-session; and every justice is hereby empowered and required to examine, upon oath, any constable or other person bringing before him any slave or slaves said to be apprehended for not having tickets, that such justice may be able to ascertain whether such slave or slaves were really and bona fide taken up without a ticket or tickets; and if the justices aforesaid find, that either the constables, or the clerks of the peace of their respective parishes, neglect or refuse to do their duty, as herein before directed, such justices are hereby authorised and empowered to lay a fine, not exceeding forty shillings, on all constables and clerks of the peace so offending. 

 

[Clause 15] 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, unless Christmas-day happens on a Monday, in which case, no other day shall be allowed; 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 to allow any holidays to any slave belonging to any such plantation or settlement, other than as directed by this act to be given, at the seasons aforesaid, every person so offending shall forfeit the sum of five pounds. 

 

[Clause 16] 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, her, or their care or management, or shall not endeavour to disperse or prevent the same, by immediately giving notice thereof to the next magistrate or commissioned officer, that a proper force may be sent to disperse the said slaves; every such master, owner, guardian, 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. 

 

[Clause 17] 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; and law, custom, or usage to the contrary notwithstanding.

 

[Clause 18] And be it further enacted, by the authority aforesaid, That if any overseer, or, in his absence, any book-keeper, or other white person having the care and management of any plantation or settlement, shall 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 mainprise: — 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, of the overseer thereof, from granting liberty to the slaves of such plantation or settlement only, for assembling together upon such plantation or settlement, and playing and diverting themselves in any innocent amusements, so as they do not make use of military drums, horns, or shells; but that they shall and may grant such liberty, when and as often as they please; any thing in this, or any other act, to the contrary notwithstanding. 

 

[Clause 19] 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, and fire-arms, gun-powder, slugs, or ball, such slave being thereof convicted before two justices and five freeholders, shall suffer such punishment as the justices and freeholders, or the major party of them (one whereof to be a justice), shall think proper to inflict; — unless such slave shall be in company with, and under the direction of a white man, or unless such slave 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. 

 

[Clause 20] 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 before two justices and five freeholders, be punished with death, or confinement to hard labour for life, or otherwise, as the said justices and freeholders 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 entrusted over them, or in the lawful defence of their owners' persons or goods. 

 

[Clause 21] And be it further enacted, That any slave or slaves who shall knowingly harbour, inveigle, or conceal any slave or slaves, shall, on conviction before two justices and five freeholders, suffer such punishment as the court shall think proper to inflict, not extending to life or limb. 

 

[Clause 22] 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 March 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, shall be deemed a runaway. 

 

[Clause 23] 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 manage 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. 

 

[Clause 24] 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 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 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, or manager of such slave or slaves, (provided such owner, employer, or manager, shall be in the parish in which such 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. 

 

[Clause 25] And, that it may be publicly known in the respective parishes what slaves are run-away, — be it further enacted by the authority aforesaid, That ever 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) 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 run-away: 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. 

 

[Clause 26] And be it further enacted by the authority aforesaid, That on the twenty-eight day of December, in every year (the time of giving in as aforesaid), the doctor or surgeon employed on such plantation, pen, or other settlement; or, where there is no doctor or surgeon employed thereon, then the owner, overseer, or manager shall, under the penalty of ten pounds, to be levied on the owner of such plantation, for every neglect, give in, on oath, an account of the decrease and increase of the slaves of such plantation, pen, or settlement, and the causes of such decrease, to the best of his knowledge, judgement, and belief. 

 

[Clause 27] And be it further enacted by the authority aforesaid, That if the not giving in upon such several accounts, shall be owing to the neglect of the overseer or manager, or doctor, or surgeon of such plantation or settlement, it shall and may be lawful for the owner, proprietor, or possessor of such plantation or settlement, to stop and detain the penalty he or she shall suffer by this law, out of the wages of such overseer or manager, doctor, or surgeon.

 

[Clause 28] 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. 

 

[Clause 29] 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. 

 

[Clause 30] 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 say March aforesaid, all and every the keepers of the workhouses, or goal-keepers, in any of the parishes of this island, shall, and they are hereby obliged, once very week, to advertise in the Gazette of Saint 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 owners thereof, if known, and that upon oath, under the penalty of tend 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 authorised 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 slaves or slaves so brought unto him or them, until the owner or owners thereof, or some person on their behalf, properly authorised, 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, 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, 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. 

 

[Clause 31] 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. 

 

[Clause 32] And be it further enacted by the authority aforesaid, That all slaves who shall have been twelve calendar months in any goal 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 slaves 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 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 ensuring 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. 

 

[Clause 33] 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. 

 

[Clause 34] 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 possess 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. 

 

[Clause 35] 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 tried by two justices and five freeholders, in the same mode, manner, and form as is herein after directed for the trial of slaves; and, upon conviction thereof, such slave or slaves shall suffer confinement to hard labour for life, or such other punishment as the justices and freeholders, or the major part of them, (one of whom to be a justice), shall think proper to inflict, not extending to life or limb. 

 

[Clause 36] 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 or March aforesaid, any slave who shall pretend to any supernatural power, and be detected in making the use of any blood, feathers, parrots beaks, dogs teeth, allegators teeth, broken bottles, grave dirt, rum, egg-shells, cotton-tree juice, or any other materials relating to the practice of obeah or witchcraft, in order to affect the health or lives of others, or promote the purposes of rebellion, shall, upon conviction thereof before two magistrates and five freeholders, suffer death, or be confined to hard labour for life, as the said magistrates and freeholders shall determine; any thing in this, or any other act, to the contrary in anywise notwithstanding. 

 

[Clause 37] 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, although death may not ensue upon the taking thereof, the said slave or slaves, together with their accessaries, as well before as after the fact (being slaves), being duly convicted thereof before two justices and five freeholders, shall suffer death, or be confined to hard labour for life, as the said justices and freeholders shall determine; any thing in this, or any other act, to the contrary notwithstanding. 

 

[Clause 38] And whereas great number of horned cattle, sheep, goats, horses, mares, mules, and asses, are frequently killed and destroyed by negro and other slaves, in so secret and private a manner, that it is with the greatest difficulty they can be found out and discovered, in such manner as to convict them of such offence, although large quantities of beef, mutton, and the flesh of other valuable animals, are found upon him, her, or them; — in order, therefore, to prevent such evils in future, and to punish the perpetrators of such acts, agreeably to their crimes, — be it further enacted, by the authority aforesaid, That if any negro or other slave shall 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 eight of fresh beef, veal, mutton, or goat, or the flesh of horse, mare, mule, or ass, and such shall not give a satisfactory account how he or she became possessed of such meat, that then such negro or other slave, upon conviction before two magistrates and give freeholders where such crime shall be committed, shall suffer such punishment as they shall think proper to inflict, not extending to life or limb: —but if it shall appear, on the trial, that such negro or other slave shall have stolen and killed such horned cattle, sheep, goats, horse, mare, mule, or ass, such negro or other slave, on conviction thereof, shall suffer death, or such other punishment as the court shall think proper to inflict. 

 

[Clause 39] And whereas it is necessary to declare, how and in what manner slaves shall be tried for the several crimes hereafter to be by them committed; — for which purpose, be it enacted by the authority aforesaid, That from and after the first day of March 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 any other severe punishment; such justice shall issue out his warrant for apprehending such offender or offenders, and for all persons to come before him that can give evidence, (and the evidence of slaves against one another, in this and all other cases, shall be deemed good and sufficient proof); and if, upon examination, it appears probable, that the slave or slaves apprehended is or are guilty, such justice shall commit him, her, or them to prison, and certify to the next justice the cause, and require him, by virtue of this act, to associate himself to him; which such justice is hereby required to do; and they, so associated, shall issue out their warrant, to summon a sufficient number of freeholders (not less than nine), so that five of such freeholders may be chosen by ballot, setting forth to them the matter, and requiring them, at a certain day and place, to be expressed in such warrant, and between the hours of eight and twelve in the forenoon, personally to be and appear before the said justices; at which time and place the said justices, and five of the said freeholders, shall cause the said slave or slaves, so charged with any of the said crimes, and the evidence or evidences, to come before them; and the said freeholders shall, by the said justices, be sworn to judge uprightly, and according to evidence, in the manner then before them; — and if the said justices and freeholders, or the major part of such court and jury, (of whom one to be a justice, as in all trials upon this act), upon hearing of the evidence, shall judge the criminal or criminals guilty of the offence complained of, they shall give sentence of death, or confinement to hard labour for life, or otherwise, or such other punishment as the said justices and freeholders shall determine, 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 till after delivery): — Provided always nevertheless, that nothing in this act contained shall hinder or prevent the justices, upon any such trial, where any slave or slaves shall be condemned to die, from respiting the execution of such sentence for and 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, on the request of any of the justices or jury who may have sat on the trial. 

 

[Clause 40] 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 justices presiding at the trial shall direct: and provided also, that where several slaves are capitally convicted for the same offence, one only shall suffer death, except in case of murder or rebellion. 

 

[Clause 41] 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 before two justices and five freeholder, shall suffer the same punishment as the person or persons, on whose trial such false evidence was given, would, if convicted, have been liable to suffer.

 

[Clause 42] And be it further enacted, by the authority aforesaid, That if any free negro, mulatto, or Indian, shall hereafter, knowingly, suffer and unlawful assembly of slaves at his or her house or settlement, every such free negro, mulatto, or Indian shall, upon due conviction thereof, suffer six months imprisonment; — provided nevertheless, that information thereof shall be given, on oath, within five days of such unlawful meeting. 

 

[Clause 43] And be it further enacted, by the authority aforesaid, That all trials of slaves for capital offences, shall be held at the usual place of meeting of the vestry in each parish, or such other place or places as the justices in session in such parish shall specially appoint; and a record shall be entered up of all proceedings thereon, 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 churchwarden 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 churchwardens of such parish, forty shillings, for attending at the trial and execution, and no more.

 

[Clause 44] And be it further enacted, by the authority aforesaid, That in all trials of any slave or slaves under this act, ten days notice, at the least, of such trial, shall be first given to the owner, proprietor, or possessor of such slave or slaves, his, her, or their lawful attorney or attorneys, or other representative or representatives; any law, custom, or usage to the contrary notwithstanding.

 

[Clause 45] 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, by the owner, proprietor, employer, or person entrusted with such slave or slaves, and shall be sentenced to die, or to hard labour during life in any of the workhouses of the island, the said justices and freeholders, 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 under the hands of such justices and freeholders, or the major part of them, (one of whom to be a justice), 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. 

 

[Clause 46] And be it further enacted, by the authority aforesaid, That in all cases where any slave or slaves shall be brought to trial by the owner, proprietor, or employer of such slave or slaves, 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 moneys in his hands unappropriated. 

 

[Clause 47] And be it further enacted, by the authority aforesaid, That any slave or slaves committed to gaol for trial, or to give evidence, shall be discharged by the marshal, if no proceedings are instituted for such purpose, within fifteen days from the day of such commitment. 

 

[Clause 48] And be it further enacted, by the authority aforesaid, That if any slave or slaves, sentenced to hard labour for life, by virtue of this act, in any of the workhouses in this island, shall at any time wilfully run away, or make his escape from the said workhouse, and not return within three days, upon complaint made to any justice of the peace, such justice, upon view of the record of the conviction of such slave or slaves, and upon proof of the identity of such slave or slaves, shall issue his warrant, directed to the marshal or constable, forthwith to apprehend such slave or slaves, and to cause such slave or slaves to be tried by two justices and five freeholders, in manner directed by this act for capital offences; and, upon conviction thereof, such slave or slaves shall be punished by death: — or, in the case the slave or slaves so offending was or were not sentenced to hard labour for life, but for a limited time only, then the said justices and freeholders shall sentence and ajudge the slave or slaves so offending to hard labour for life, in the same, of some other workhouse in the island. 

 

[Clause 49] 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 March 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, and all other petit crimes and misdemeanors committed by slaves, and to order and direct such punishment to be inflicted on them, as such justices, in their judgement, shall think fit; the expences whereof, which shall not exceed ten shillings to the constable, 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. 

 

[Clause 50] 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 March 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 this 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.

 

[Clause 51] And be it further enacted, by the authority aforesaid, That no runaway slave shall, on any account, be committed to gaol, by any magistrate of a parish where there is any workhouse established, but to such workhouse only.

 

[Clause 52] And whereas many runaway slaves travel over the country with false or forged tickets, and under pretence of being authorised by their owners to work out for wages for their master, or otherwise to hire themselves out; — to prevent, therefore, such evil practices, be it enacted by the authority aforesaid, That no proprietor, attorney, or other persons in possession of any slave or slaves, shall in future permit any slave or slaves to work for, or hire themselves out to any person or persons employing them for wages, by any ticket or tickets merely under the hand or hands of such proprietor, or other person in possession as aforesaid, and that every authority so given shall be null and void; and that, instead thereof, any ticket or tickets, empowering such slave or slaves so to work or hire themselves out to any person or persons whatsoever, shall be signed by the clerk of the vestry of the parish where such persons shall reside, or by either of the churchwardens of the said parish for the time being, at the instance and application of the proprietor, or other person in possession of such slaves, and that such authority shall also be signed by such proprietor, or other persons in possession, or some person or persons property authorised by him or her; which ticket, so signed, shall be in force for the space of three months from the date of such ticket, and no longer; and that, for every such ticket, so signed as aforesaid, there shall be paid by such person or persons so applying for such ticket, the sum of one shilling and three-pence, and no more, to the said clerk of the vestry, who is hereby required to register the name of such slave or slaves, and of such owner or owners as shall be mentioned in such certificate or certificates, at every quarterly vestry, in a book to be by him kept by the said clerk of the vestry open to the inspection of all persons whomsoever, without fee or reward.

 

[Clause 53] And be it further enacted, by the authority aforesaid, That if the clerk of the vestry in any of the several parishes shall neglect his duty herein, he shall for every neglect forfeit the sum of five pounds, for the benefit of the poor of the parish where such clerk of the vestry shall reside: which sum of five pounds the clerk of the vestry shall be liable to pay, on conviction before the justices and vestry of such parish where the offence shall arise, such conviction to be signed by the senior magistrate of the parish then present. 

 

[Clause 54] And whereas many and great inconveniences and mischiefs have arisen, and may arise, by the retailers of rum and rum-punch entertaining of negroes and other slaves, drinking and gaming in their houses, yards, or places adjacent thereto; for prevention of which in future, be it further enacted, by the authority aforesaid, That from and after the first day of March aforesaid, no retailer of rum and rum-punch, or other liquors, shall suffer any slaves to meet to game, or use any sort of play within their houses, yards, or places adjacent thereto, or suffer any slave or slaves to drink therein, under the penalty of five pounds, to be recovered in a summary manner, before any two justices of the peace of the parish where the offence shall be committed; — and in case any retailer of rum and rum-punch, or other liquors, shall be convicted of such offence, and shall refuse to pay the said sum hereby empowered and required forthwith, by warrant under their hands and seals, directed to the constable, to commit such offender or offenders to the common gaol of the county or parish where the offence shall be committed, there to remain until he or she shall pay the said sum of five pounds, and charges as aforesaid; one moiety of which said fine shall be to the use of the person informing, and the other moiety shall be paid into the hands of the churchwardens of such parish, for the poor of said parish, any law, custom, or usage to the contrary notwithstanding. 

 

[Clause 55] 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 or March 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, ass, 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, asses, 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. 

 

[Clause 56] And be it further enacted, by the authority aforesaid, That from and after the first day of March 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, ass, or gelding; and, in case of so doing, shall for every offence forfeit the sum of twenty pounds, to be recovered in manner aforesaid.

 

[Clause 57] 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, asses, 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 hi, her, or their possession, to his, her, or their knowledge or belief, any horse, mare, mule, ass, 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 herein before mentioned. 

 

[Clause 58] And be it further enacted, by the authority aforesaid, That from and after the first day of March aforesaid, no negro or other slave in this island shall purchase or buy any horse, mare, mule, ass, or gelding, under the penalty of forfeiting such horse, mare, mule, ass, or gelding, and to be disposed of as herein before mentioned: — and if any person whatsoever shall sell or give any horse, mare, mule, ass, 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, ass, or gelding, so sold or given, forfeit the sum or twenty pounds; and every person who shall purchase, or be concerned in the purchase of any horse, mare, mule, ass, 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 herein before mentioned; any law, custom, or usage to the contrary in anywise notwithstanding. 

 

[Clause 59] And be it further enacted, by the authority aforesaid, That in the 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. 

 

[Clause 60] 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 the 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 March 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 slave 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 two justices and five freeholders of the parish whereunto such slave or slaves so offending shall belong), shall suffer such punishment as such two justices and five freeholders, or the majority thereof (on whereof to be a magistrate), shall think proper to inflict, not extending to life or limb.

 

[Clause 61] 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 March 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 lose his or her freedom, and be forthwith transported off this island by the provost-marshal-general, or his lawful deputy, into whole 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. 

 

[Clause 62] 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 mainprise.

 

[Clause 63] 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.

 

[Clause 64] 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 the negro holidays, whereby many dangerous meetings and pernicious practices are carried on; — in order, therefore, to prevent the like for the future, be it 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 herein before 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. 

 

[Clause 65] And whereas many inconveniences have arisen from slaves going about this island, under 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 enquiry 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 next meeting, and give an account in what manner they obtained their freedom, that their names, and manner of obtaining there freedom, may be registered in the vestry-books of such parishes, and that those not having certificate, 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 land, excepted. 

 

[Clause 66] 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. 

 

[Clause 67] And be it further enacted, by the authority aforesaid, That if any person, warned as a juror to attend any trial under and by virtue of this act, and shall neglect or refuse to attend such trial, being first warned by the marshal or constable two days at least before the trial, such juror shall be, by the said magistrates, fine in a sum not exceeding forty shillings, to be recovered by warrant under their hands and seals, directed to the marshal or constable, for levying the same on the goods and chattels of such juror so neglecting or refusing to attend such trial, and the same to be sold at public outcry, returning the overplus, if any, after deducting the charges and expences attending the executing of such warrant, and five per centum on the amount of the sale of goods and chattels: — And it is hereby provided, that such magistrates, jurors, or negro evidences, warned on the trial of negroes, in going to, attending on, and returning from the same to their homes, be protected in their persons from all judicial or mesne process.

 

[Clause 68] 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. 

 

[Clause 69] 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 as they shall think proper to inflict, not extending to life or limb. 

 

[Clause 70] 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. 

 

[Clause 71] 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 March, which will be in the year of our Lord one thousand seven hundred and eighty-eight, until the thirty-first day of December, which will be in the year of our Lord one thousand seven hundred and ninety, and no longer. 

 

PASSED THE COUNCIL,

this 22d day of Dec. 1787.

W. DUNLOP, Cl, Con.

 

I CONSENT,

this 22d Day of Dec. 1787.

ALURED CLARKE.

 

PASSED THE ASSEMBLY,

the 19th day of Dec 1787.

S.W. HAUGHTON, Speaker.

 

 

WILL. DUNLOP.