An Act to explain Part of an Act, entituled, An Act for the better Order and Government of Slaves; and for inflicting further and other Punishment on Persons killing Negroes or Slaves.

WHEREAS by a law passed in the year of our Lord one thousand six hundred and ninety-six, entituled, An Act for the better Order and Government of Slaves, it is therein enacted, That if any person or persons shall wittingly, wantonly, or bloody-mindedly kill a negro or slave, he, she, or they, so offending, being thereof convicted by verdict or confession in the Supreme Court of Judicature, shall be adjudged guilty of felony for the first offence, and have the benefit of clergy, but the second offence shall be deemed murder, and the offender suffer for the said crime according to the Laws of England, forfeitures of lands, tenements, goods, and chattels, only excepted; which recited part of the said law not having been found sufficient to deter persons from committing such wicked and inhuman practices: And whereas the said recited part of the said law is of doubtful construction; for explaining the said law, and for inflicting some further punishment on the offenders, be it enacted by the Governor, Council, and Assembly of this your Majesty;s island of Jamaica, and it is hereby enacted by the authority of the same, That from and after the passing of this act, if any person whatsoever shall wittingly, wantonly, or bloody-mindedly kill and negro or slave, such person or persons so offending shall, for the first offence, be guilty of felony, and have the benefit of the clergy; and shall suffer, as a further punishment, an imprisonment for such time as the court, before whom such offender shall be tried, shall adjudge, not exceeding twelve months. 

 

II. AND be it further enacted by the authority aforesaid, That such person being convicted of felony for killing a slave, if such slave belong to any person, other than the person convicted of such felony, such person so convicted shall pay the sum of sixty pounds to the owner to whom such slave so killed did belong; to be recovered by action of debt. 

 

III. AND be it further enacted by the authority aforesaid, That if any person, after conviction for the first offence herein before-mentioned, shall wantonly, willingly, or bloody-mindedly, kill any negro, or slave, such person so offending, after such first conviction, shall suffer death for the said offence, and not otherwise. 

 

IV. PROVIDED always, that the convictions in this act mentioned 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 in any wise notwithstanding. 

 

V. AND be it further enacted by the authority aforesaid, That the Secretary of this island do cause this act forthwith to be printed, and three copies thereof to be delivered to his Excellency the Governor, and to each of the Members of the Council and the present Assembly; the charges whereof shall be paid to him by the Commissioner, or the Commissioner for the time being, out of any money in his hands unappropriated.