An Act to amend an Act entitled ‘An Act for the Governing of Negroes.’

WHEREAS, by an Act or Statute of this island, passed the eighth day of August, one thousand six hundred and eighty-eight, entitled “An Act for the Governing of Negroes,” it is among other things enacted, “that it shall and may be lawful for all masters, overseers, and other persons whatsoever, to apprehend and take up any Negro or other Slave or Slaves that shall be found out of the plantation of his or their master or owner at any time, especially Saturday nights, Sundays, or other holidays, not being on lawful business, and with a letter from their master, or a ticket, or not having a white man with them (except only such Negro or other Slave or Slaves as usually attend their masters, and have on a livery), and the said Negro or other Slave or Slaves correct by a moderate whipping, and after notice given to their master, owner, or overseer, him or them detain until the said master, owner, or overseer pay to the said person that took him up, two shillings and sixpence for every such Negro or other Slave, he making oath before the next justice of the peace (if thereunto required by the owner of such Negro or other Slave,) that he found or saw no letter or ticket within him.” And whereas divers ill-disposed and malicious persons, against whom they had conceived malice and ill-will have, under the colour of the said recited Act, though contrary to the spirit and true intention thereof, made it their practice to apprehend, take up, and correct Slaves, whom of their own knowledge they knew were on the lawful business of their owners, merely because such Slaves were without tickets, which practice being very prejudicial and injurious to the owners of Slaves, particularly to hose who, from the situation of their different estates, render it necessary that their Slaves should be frequently passing from one estate to another, and from their dwelling houses and estates to the towns and bays: For remedy thereof for the future, be it enacted by his Excellency Charles Pinfold, Esq., Captain General, Governor, and Commander-in-chief of this island, &c., the Honourable the members of his Majesty’s Council, and the General Assembly, and by the authority of the same, that when any person shall hereafter, by virtue of the said recited Act or otherwise, apprehend and take up any Negro or other Slave or Slaves that shall be found out of the plantation of his, her, or their master or owner, and without a letter or ticket of such master or owner, such person so apprehending such Slave or Slaves shall not correct or whip him, her, or them, as directed by the said Act, but shall immediately carry the said Slave or Slaves to the next justice of the peace, and shall make oath before the said justice that he found, or saw no letter or ticket with such Slave or Slaves, and further also, that he verily believed such Slave or Slaves was or were not on the lawful business of his, her, or their owner or owners; and the said justice shall thereupon summon before him the owner or owners of such Slave or Slaves, and shall direct the said owner or owners to pay unto the person so apprehending such Slaves, two shillings and sixpence for every such Slave; and the said justice shall also inquire into the cause of such Slave or Slaves absence from the plantation of his, her, or their owner or owners, and if it shall appear to the said justice that the said Slave or Slaves was or were not on lawful business, he or they shall, by order of the said justice, be corrected by a moderate whipping: Provided always, nevertheless, that this Act shall not extend to owners and overseers of plantations, who shall take up and apprehend Slaves found by them on such plantations, nor to any other person who shall take up and apprehend Slaves at any public meetings of such Slaves on Saturday nights, Sundays, or other holydays, or who shall take up and apprehend Slaves using and carrying of large clubs, wooden swords, or other mischievous and dangerous weapons, or doing any act tending to a breach of the peace, or disturbance of the neighbourhood; but all owners and overseers of plantations apprehending them at their public meetings on Saturday nights, Sundays, and other holydays, or carrying dangerous weapons, or doing any act tending to a breach of the peace, or disturbance of the neighbourhood, as aforesaid, shall and may, in all such cases, proceed against such Slaves in the manner prescribed by the said recited Act, entitled “An Act for the governing of Negroes,” any thing in this Act contained to the contrary notwithstanding.

[Clause 2.] And be it further Enacted by the authority aforesaid, that nothing herein contained shall be of force or effect until His Majesty’s pleasure shall be signified and declared in this island, of and concerning the same.

Passed April 15th, 1766

Confirmed July 24th, 1767.