Full Transcript
WHEREAS it is for the publick 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and whereas, in order thereto, it is necessary that all the herein aster-mentioned laws, and clauses of laws, should be repealed; viz. &c. &c. &c. We, 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 passing of this act, all and every the said herein before-mentioned laws, and clauses of laws, and every part thereof, be and stand annulled, repealed, and made void, and are hereby annulled, repealed, and made void, to all intents and purposes whatsoever, any thing in the said laws, and clauses of laws, or in any other law contained to the contrary, in anywise 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 passing of this Act, 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 possessionn 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.
III. And be it further Enacted by the authority aforesaid, That every such master, owner, or possessor, or his or her overseer or chief manager, shall personally inspect into she condition of such negro-grounds once in every month at the least, in order to see that the same are cultivated and kept up in a proper manner, of which oath shall be made, as in this act is hereafter directed. 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, equal to the value of two shillings and six pence currency per week for each slave, in order that they may be properly supported and maintained, under the penalty of fifty pounds.
IV. 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 of 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 wish 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 said 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 churchwardens of such parish, for the poor of said parish; any law, custom, or usage to the contrary notwithstanding.
V. 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 resides, under the penalty of fifty pounds.
VI. 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, cause to be baptised all such as they can make sensible of a Deity and the Christian faith.
VII. And be it further Enacted by the authority aforesaid, That every master, owner, proprietor, or possessor of slaves, his or her overseer or chief manager, 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, and 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; and shall, likewise, at the same time declare, on oath, that he hath inspected the negro-grounds (where such grounds are allotted) of such plantation, pen, or settlement, according to the directions of this act.
VIII. And, in order to encourage slaves for every good and worthy act that they shall do, Be it further Enacted by she 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.
IX. 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 she 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 the 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.
X. 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 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 fame: 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 may 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 protection 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 paid by 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 before-mentioned 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 produce 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 producing before such justices and vestry such slave or slaves.
XI. And be it further Enacted by the authority aforesaid, That in case any justice of the peace shall receive any complaint or probable intelligence from any slave or otherwise, that any slave or slaves is or are so mutilated, or is or are confined without sufficient support, it shall and may be lawful for such justice of the peace, and he is hereby empowered and required, forthwith to issue his warrant to any constable, ordering him immediately to proceed to the place where such slave or slaves, so mutilated, are confined, and such slave or slaves to release and bring before such justice, who, on view of the fact, is hereby authorized to send such slave or slaves to the workhouse for protection, and who is there to be kept, but not to be worked, until enquiry shall be made into the fact according to law.
XII. And be it further Enacted by the authority aforesaid, That if any person hereafter shall wantonly, willingly, or bloody-mindedly kill, or cause to be killed, 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 anywise notwithstanding.
XIII. And be it further Enacted by the authority aforesaid, That from and after the passing of this act, any per-[] son or persons that shall wantonly or cruelly whip, maltreat, 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, or both, as the judges or justices of such courts shall think proper to inflict; any law, custom, or usage to the contrary in any- wise 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 case such slave or slaves shall not be the property of the offender.
XIV. 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, nor inflict, or suffer to be inflicted, such last-mentioned punishment, nor any other number of lashes, in the same day, nor until the delinquent has recovered from the effects of any former punishment, under the penalty of ten pounds for every offence, to be recovered against the person directing or permitting such punishment.
XV. And whereas a mischievous practice hath sometimes prevailed of punishing ill-disposed slaves, and such as are apt to abscond from their owners, by fixing or causing to be fixed round the necks of such slave, an iron collar with projecting bars or hooks, to prevent the future desertion of such slaves; Be it further Enacted by the authority aforesaid, That such practice is hereby declared to be utterly unlawful, and that no person shall, on any pretence whatsoever, under the penalty of fifty pounds, punish any negro or other slave, whether his own property or otherwise, by fixing, or causing to be fixed, any iron or other collar round the neck of such slave, or by loading the body or limbs of such slave, for any offence whatsoever, with chains, irons, or weights, of any kind, other than such as are absolutely necessary for securing the person of such slave; and all and every the justices of the peace, within this island, are hereby authorized, directed, and required, under the penalty of one hundred pounds, on information and view of such offence, to order such collar, chains, irons, or weights, to be immediately taken off from the slave or slaves wearing or bearing the same.
XVI. 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, afflicted 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, 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 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.
XVII. 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, such only excepted as are going with firewood, grass, fruit, provisions, or small stock and other goods, which they may lawfully sell, to market, and returning therefrom, shall hereafter be suffered or permitted 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 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 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.
XVIII. 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 usual seasons of Christmas, Easter, and Whitsuntide: Provided, That, at every such respective season, 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.
XIX. 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 therefore Enacted by the authority aforesaid, That the slaves belonging to, or employed on, every plantation or settlement, shall, over and above the holidays herein beforementioned, 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 fifty pounds to be recovered against the overseer or other person having the care of such slaves.
XX. And he 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 slaves shall be compelled to any manner of field-work upon the plantation 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 fifty pounds, to be recovered against the overseer, or other person having the care of such slaves.
XXI. And be it further Enacted by the authority aforesaid, That if any master, owner, guardian, or attorney, of any plantation or settlement, shall hereafter suffer any strange slaves, exceeding twelve in number, 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.
XXII. 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 disperse all such unlawful assemblies, and to suppress and prevent all unlawful drummings or other noise, as before mentioned; any law, custom, or usage, to the contrary notwithstanding.
XXIII. 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 as 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 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 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 : Provided, that such amusements are put an end to by twelve of she clock at night.
XXIV. And, in order to prevent riots and nightly meetings among negro and other slaves, to the disturbance of the public peace, and the endangering their healths, Be it further Enacted by the authority aforesaid, That all negro burials shall in future take place in the day-time only, so that the same may be ended before sunset; and if any master, owner, or possessor of slaves, his or her overseer, or chief manager, shall knowingly suffer or permit the burial of any slave otherwise than as before directed, he shall forfeit the sum of fifty pounds.
XXV. And be it further Enacted by the authority aforesaid, That if any Indian, free negro, or mulatto, shall hereafter suffer any unlawful assembly of slaves at his or her house or settlement, every such Indian, free negro, or mulatto, shall, upon due conviction thereof, suffer imprisonment, not exceeding six months; Provided nevertheless, That information thereof shall be given, on oath, within five days of such unlawful meeting.
XXVI. And be it further Enacted by the authority aforesaid, that all slaves who shall hereafter be found to have in his or their custody, any fire-arms, gun-powder, 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.
XXVII. 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, transportation, or confinement to hard labour, not exceeding two years, 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 entrusted over them, or in the lawful defence of their owners persons or goods.
XXVIII. And be it further Enacted by the authority aforesaid, That any slave or slaves, who shall knowingly harbour or conceal any runaway slave or slaves, shall be liable to be tried for the same at the slave court hereinafter appointed, and on conviction, suffer such punishment as the justices of the said court shall think proper to inflict, not extending to life or limb.
XXIX. 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 publick what slaves shall be deemed such; Be it therefore Enacted by the authority aforesaid, That from and after the pasting of this act, any slave or slaves who shall be absent from his owner or employer, without leave, for the space of ten days, and 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 as before excepted, in going to and returning from market, shall be deemed a runaway.
XXX. 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, over- seer, 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 sixpence per mile afterwards : Provided such slave or slaves had absented him, her, or themselves, ten 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 runaway or absent from their owner, employer, or manager’s service, ten days, shall be entitled to the reward of ten shillings, although the slave or slaves should not be eight miles distant from their employer’s habitation: Provided nevertheless, That nothing in this act contained, shall be construed to extend to an allowance of the said sum of ten shillings and mile-money, in addition to the sum allowed to maroon negroes for apprehending runaways: And provided also, That it is not hereby intended to deprive the said maroons of their legal and established reward of forty shillings for each negro,
XXXI. 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 Indian, no gaoler or workhouse-keeper shall pay such sum before such person shall have taken an oath, (which oath such gaoler or workhouse-keeper is hereby required, under the penalty of five pounds, to file in his office and produce, whenever thereunto required by the owner or possessor of such slave or slaves) 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 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.
XXXII. And be it further Enacted by the authority aforesaid, That no ticket shall be granted to any slave or slaves for any time exceeding one calendar month.
XXXIII. And be it further 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.
XXXIV. 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.
XXXV. 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, on 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 she 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 one hundred 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 encrease 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 three pounds for every slave born on such plantation, pen, or other settlement, in the time aforesaid, and which shall be then living, after deducting the decrease; and the owner or proprietor of such plantation, pen, or other settlement, shall have a deduction from the first of his or her publick taxes that shall become due, of the sum so paid to the overseer, on producing a certificate of the justices and vestry of such encrease, and a receipt of the overseer for the sum so paid.
XXXVI. And, in order that further encouragement may be given to the encrease and protection of negro infants, Be it further Enacted by the authority aforesaid, That every female slave, who shall have six children living, shall be exempted from hard labour in the field or otherwise, and the owner or possessor of every such female slave shall be exempted from all manner of taxes for such female slave, any thing in the act commonly called the poll-tax law, or any other of the tax laws of this island passed, or annually to be passed, to the contrary notwithstanding; and a deduction shall he made for all such female slaves from the taxes of such owner or possessor, by certificate of the justices and vestry, at the same time, and in manner as directed in the case of an annual encrease of the number of slaves as aforesaid; Provided nevertheless, That proof be given, on oath, to the satisfaction of the said justices and vestry, not only that the requisite number of children, together with the mother, are living; but also that the mother is exempted from all manner of field or other hard labour, and is provided with the means of an easy and comfortable maintenance.
XXXVII. And whereas the more effectually to conceal runaway slaves, or prevent their being apprehended, tickets are given by Indians, free negroes, or free mulattoes, Be it therefore Enacted by the authority aforesaid, That any Indian, free negro, or mulatto, 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.
XXXVIII. 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 judicatures, 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.
XXXIX. 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 passing of this act, 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 in every week, to advertise in the Gazette of Saint Jago de la Vega, the Royal Gazette of Kingston, and the Cornwall Chronicle, the heighth, 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 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, for maintenance, and two-pence per day for medical care and extraordinary nourishment where necessary, 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.
XL. 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.
XLI. And be it further Enacted by she authority afore- said, 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, 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 she sum of fifty pounds.
XLII. 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 runaway, and continue absent for a term not exceeding six months, shall be liable to be tried by two justices; and, upon conviction thereof such slave or slaves shall suffer such punishment as the said justices shall think proper to inflict.
XLIII. And be it further Enacted by the authority aforesaid, That if any slave shall run away from his owner or lawful possessor, and be absent for more than six months, such slave, being duly convicted thereof, shall be sentenced to be confined to hard labour for such time as the court shall determine, or be transported for life, according to the magnitude of the offence.
XLIV. 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 passing of this act, any slave who shall Pretend to any supernatural power, in order to promote the purposes of rebellion, shall, upon conviction thereof, suffer death, transportation, or such other punishment as the court shall think proper to direct; any thing in this, or any other act, to the contrary in anywise notwithstanding.
XLV. 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, in the practice of Obeah or otherwise, 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, shall suffer death, or transportation for life, as the court shall determine; any thing in this, or any other act, to the contrary notwithstanding.
XLVI. And whereas great number of homed 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 they can be found out and discovered, in such manner as to convict them of such offence, although large quantity 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.
XLVII. And be it further Enacted by the authority aforesaid, That if any negro or other slave shall, after the passing of this act, 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 carcass 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.
XLVIII. And whereas it is necessary to declare how, and in what manner, slaves shall be tried for she several crimes which they may hereafter commit, Be it Enacted by the authority aforesaid, That from and after the passing of this act, 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 transportation, 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 said 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 (the charge or accusation being first read) be sworn to try the matter before them, and to give a true verdict according to evidence; and such charge or accusation shall be deemed valid, if sufficient in substance; and 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 transportation, or confinement to hard labour for any limited time not exceeding two years, 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 a reasonable time 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 into, hearing, and determining all manner of offences for which any slave or slaves are liable to be punished wish death, or transportation, or confinement to hard labour, as aforesaid, 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 herein before 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 pannel 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.
XLIX. 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.
L. And be it further Enacted by the authority aforesaid, That not 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 flares to suffer death, transportation, or confinement to hard labour as aforesaid; 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.
LI. 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 publick 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 shall be capitally convicted for the same offence, one only shall suffer death, except in cases of murder or rebellion.
LII. 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 in any trial had under this act, such slave or slaves being thereof convicted, 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.
LIII. And be it further Enacted by the authority aforesaid, That, where any slave or slaves shall be discharged by proclamation, the deputy marshal or workhouse-keeper shall be entitled to receive all such fees as shall be due to him or them for such slave or slaves at the time of such discharge, from the publick, upon application and due proof made, in the most solemn manner, to the assembly, or any committee thereof, and that such slave or slaves, during the time they were in the custody of such deputy marshal or workhouse-keeper, was and were found and provided with proper and sufficient provisions equal to what is allowed by this law.
LIV. 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 crime that shall subject any slave or slaves to suffer death, transportation, or confinement to hard labour for the term of two years, 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 churchwardens 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 of such offender as shall be condemned to die, and no more.
LV. 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 to the owner, proprietor, or possessor of such slave or slaves, his, her, or their lawful attorney or attornies, or other representative or representatives; any law, custom, or usage to the contrary notwithstanding.
LVI. 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 receive sentence of death or transportation, 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 sixty pounds for each slave sentenced as aforesaid.
LVII. 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; and the money arising from the actual sale of such slave or slaves as shall be so transported by the deputy-marshal shall be accounted for, on oath, to the churchwardens of the parish where the offence shall be tried, to be by them paid over to the receiver-general, for the use of the publick.
LVIII. And be it further Enacted by the authority aforesaid, That if any negro or other slave, who shall be transported from this island, under the direction of this act, shall wilfully return from transportation, such negro or other slave shall, upon conviction, suffer death without benefit of clergy.
LIX. And whereas there are many inferior crimes and misdemeanours 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 she passing of this act, 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 misdemeanours, 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 which 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 publick 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.
LX. 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, who might be employed in the work- houses in this island to great advantage; Be it therefore Enacted by the authority aforesaid, That, from and after the passing of this act, 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.
LXI. 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.
LXII. And whereas the permitting and suffering negro and other slaves to keep horses, mares, mules, 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, from and after the passing of this act, the master, owner, proprietor, attorney, guardian, executor, administrator, or other person, in possession of any 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 publick place in the parish where taken up, at such time as the justices and vestry shall, by advertisement in the publick newspapers, appoint for that purpose, and that such horses, mares, mules, and geldings, be then and there sold and disposed of at publick 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 thirty 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 to the use of the person informing.
LXIII. And be it further Enacted by the authority aforesaid, That from and after the pasting of this act, 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 thirty pounds, to be recovered in manner aforesaid.
LXIV. 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 thirty pounds, to be recovered in the same summary manner, and to be disposed of as hereinbefore mentioned.
LXV. And be it further Enacted by the authority aforesaid, That, from and after the passing of this act, 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 thirty 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 thirty 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 anywise notwithstanding.
LXVI. 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 she 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.
LXVII. 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 passing of this act, 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 thereof convicted, shall suffer death, or such punishment as the said court shall think proper to direct.
LXVIII. And be it further Enacted by the authority aforesaid, That if any Indian, free negro, or mulatto, shall, from and after the passing of this act, 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 Indian, free negro, or mulatto, 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 so thereof convicted before the supreme court of judicature or courts of assize in this island, shall suffer death without benefit of clergy.
LXIX. And be it further Enacted by the authority aforesaid, That if any white person, or persons shall knowingly be aiding, assisting, or abetting, 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.
LXX. 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.
LXXI. 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 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.
LXXII. And be it further Enacted by the authority aforesaid. That it shall not be lawful for any justice 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.
LXXIII. And be it further Enacted, That if any negro or other slave, who may be sentenced to be confined in the workhouse for the term of two years or a less time, shall escape from such confinement before the expiration of his sentence, such negro or other slave, being retaken, shall, on proof of his or her identity, before two justices of the peace, be adjudged by them to be sent back to confinement, and to receive a whipping, not exceeding fifty lashes.
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, or workhouse-keeper, 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, so that such slave or slaves shall not be retaken within two years, such marshal, constable, or workhouse-keeper, who shall suffer such escape, shall forfeit the sum of twenty pounds, without injury to the right of the owner to sue for the value of the same.
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 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.
LXXVII. And be it further Enacted by the authority aforesaid, That all jurors serving at slave courts, and every person and persons whose presence may be requisite, at the examination of any slave or slaves, or upon the trial of any slave or slaves, and who shall be required to attend by warrant under the hand and seal of any justice of the peace, and all and every slave and slaves who shall be brought as witnesses, shall be protected in their persons from all mesne or judicial process whatsoever, in their going to, attending at, and returning from, such examinations or trial, and that such slaves shall not be subject to be levied on.
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 essoin, protection, wager of law, or non vult ulterius prosequi, shall be entered; one moiety of which penalties shall be to the parish where the offence is committed, and the other moiety to the informer, or him, her, or them who shall sue for the same.
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