An Act in furtherance of the Provisions of the Abolition Laws within this Island.

WHEREAS by an act of the British parliament, passed in the forty-seventh year of his present Majesty’s reign, intituled “An Act for the abolition of the slave-trade,” the African slave-trade, and all dealing in the purchase or sale of slaves or other persons intended to be used or dealt with as such, in, to, at, or from Africa, or any island, country, territory, or place in the West Indies or America, not belonging to his Majesty, was abolished, prohibited, and declared unlawful: And whereas by another act of the said British parliament, passed in the fifty-first year of his present Majesty’s reign, intituled ‘An Act for rendering more effectual an act made in the forty-seventh year of his Majesty’s reign, intituled, “An [Act] for the abolition of the slave-trade,” the carrying on the said trade, or being engaged therein in the ways therein mentioned, was declared to be felony, and punishable as such according to law: May it therefore please your Majesty that it may be enacted; and 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 it was and is unlawful to buy or sell in this island, or to hold in slavery there, any African or other person or persons who after the passing of the said first-recited act was or were imported into this island contrary to the intent and meaning of the said act, if any such ever was or were so imported into this island.

[Clause 2] And be it further enacted, That no estate, right, title, property, or interest whatsoever, at law or in equity, of, in, or to any African or other person or persons unlawfully imported from and after the passing of this act (if any such there shall happen to be), can, shall, or may accrue to or vest in any person or persons whomsoever, or be created or transferred, or pass by sale, mortgage, gift, grant, or other voluntary alienation, or by judgment at law, decree, or execution, or by marriage, succession, inheritance, will, devise, administration, or otherwise howsoever; and that every such will or other instrument, whereby any such African or other person or persons shall be conveyed, devised, transferred, or disposed of, or otherwise attempted so to be, or wherein the same shall be mentioned or comprehended as a slave or slaves, shall be, as to such African or other person or persons, and the issue of the females of such African or other person or persons, utterly void and of none effect.

[Clause 3] And be it further enacted by the authority aforesaid, That from and after the passing of this act, if any person or persons shall knowingly and wilfully keep, hold, or detain, or attempt to keep, hold, or detain, in slavery, or treat as a slave, any African or other person unlawfully imported as aforesaid, or shall knowingly and wilfully hire, employ, harbour, or entertain, or in anywise have in his, her, or their possession, or suffer to remain or abide on his, her, or their settlement or property, or on any settlement or property in his, her, or their possession, or under his, her, or their care or management, as attorney, agent, executor, administrator, guardian, mortgagee in possession, trustee, overseer, or otherwise, any such African or other person or persons as aforesaid; every such person so offending shall, on conviction, forfeit for every African, or other person the subject of such offence, the sum of one hundred and forty pounds current money of this island; one moiety thereof to the use of his Majesty, his heirs and successors, for the support of the government of this island, and the other moiety thereof to such person or persons who shall inform and prosecute for the same; and shall also be committed to the common gaol for any time not exceeding twelve months.

[Clause 4] And be it further enacted by the authority aforesaid, That from and after the passing of this act it may and shall be lawful for any one of his Majesty’s justices of the peace in any of the parishes or precincts of this island, upon information, complaint, or suspicion verified by the affidavit of one or more credible witness or witnesses, to his, her, or their knowledge or belief, to be sworn before any of his Majesty’s justices of the peace, or any judge or judges of the supreme or assize courts of this island, that any African or other person or persons unlawfully imported as aforesaid is or are hired, employed, harboured, or entertained by, or is or are in anywise in the possession of any person or persons, or suffered to remain or abide on any settlement or property belonging to or in the possession or under the care and management of any person or persons as before mentioned, in his respective parish or precinct, contrary to the true intent and meaning of this act, to associate with himself two other justices of the peace of the same parish or precinct, who together shall inquire into the grounds of the said information or complaint, or of the suspicion as aforesaid; and in case such information or complaint, or such suspicion, shall appear to be probable and well founded, shall cause the person or persons informed against or complained of, or so suspected, to be summoned, to be and appear before them at some time and place in such summons to be specified, to answer to such information or complaint, or to be examined on the subject of such suspicion as aforesaid, and also all other persons necessary to give evidence concerning the matters charged in such information or complaint, or the subject of such suspicion as aforesaid, to be examined touching their knowledge of the same; and the person or persons so informed against, complained of, or suspected, shall be enjoined and commanded by the said summons to produce at the same time and place before such justices so associated, all and every or any such African or other person or persons as he, she, or they shall have in his, her, or their possession, as a slave or slaves, or hired, employed, harboured, or entertained by him, her, or them, or in anywise abiding or being on his, her, or their settlement or property, or on any settlement or property in his, her, or their possession in the right of any other person, or under his, her, or their care or management as aforesaid; and in case it shall appear on such examination and inquiry as aforesaid, to the satisfaction of the said justices, that such African or other person or persons hath or have been unlawfully imported from Africa or elsewhere, contrary to any of the prohibitions or provisions in this act or the said recited acts contained, and have been sold or disposed of within the said island as a slave or slaves, or placed, detained, and kept in a state of slavery, such African or other slave or slaves shall, for the purpose of condemnation merely, be deemed, taken, and adjudged to be unlawfully imported slaves, and be liable to forfeiture in such and the same way as if they had been proceeded against and adjudged liable to forfeiture under the said first-recited act; and the said justices shall accordingly proceed to condemn such African or other slave or slaves as forfeited to his Majesty, nevertheless for such purposes only as are mentioned and contained in the said first-recited act concerning slaves and natives of Africa seized and condemned under the provisions of that act.

[Clause 5] And be it further enacted by the authority aforesaid, That in case any person against whom any such information shall be laid, and who shall be summoned as aforesaid, shall keep his or her gates shut, or shall keep him or herself out of the way, or secrete him or herself so that the officer directed to execute the said summons shall not be able to serve the same personally, the affixing a copy thereof to the gate, or the leaving out such copy at the dwelling-house of such person, shall (due proof thereon being made upon affidavit) be taken as a service thereof, and be deemed to be as good and valid in the laws as if the original thereof had been exhibited to the person named therein.

[Clause 6] And be it further enacted by the authority aforesaid, That it may and shall be lawful for the three justices of the peace associated as aforesaid, in case such person or persons informed against, complained of, or suspected as aforesaid, shall not appear before them at the time and place required by the summons aforesaid, upon due proof on oath being made of the service thereof as aforesaid, to issue their warrant to the provost marshal or his lawful deputy, or any lawful constable, for the apprehending and bringing before them such person or persons, or to proceed in the examination of and adjudication upon the information or complaint in the absence of the party complained of as aforesaid, as in their discretion shall seem fit.

[Clause 7] And be it further enacted by the authority aforesaid, That in all cases wherein any such Aftican [sic] or other person or persons as aforesaid, shall be refused or neglected to be brought before the three justices associated in the manner before directed, by any person or persons hiring, employing, harbouring, or entertaining, or having such African or other person or persons in his, her, or their possession, or suffering such African or other person or persons to remain or abide in his, her, or their settlement or property, or on any settlement or property in his, her, or their possession in the right of any other person, or under his, her, or their care or management, when required so to do by any summons as aforesaid, or otherwise commanded by such justices as aforesaid, it may and shall be lawful for the said justices, and they are hereby required, to issue their warrant for the apprehending and bringing before them all such African or other person or persons as aforesaid, concerning whom such information or complaint as aforesaid shall have been made, or such suspicion as aforesaid shall lie, or who shall in anywise appear to such justices to be on any settlement or property belonging to any such person or persons as aforesaid, or in his, her, or their possession, or under his, her, or their care or management, which warrant shall be directed to the provost marshal or any of his lawful deputies or any lawful constable, who are hereby directed and enjoined to execute the same.

[Clause 8] And be it further enacted by the authority aforesaid, That if any person or persons shall not on demand made open his, her, or their gates to any deputy marshal or any constable charged with any such warrant as aforesaid, it shall and may be lawful for any such deputy marshal or constable (but nevertheless in the preference and under the direction of a justice of the peace) to break open the same gates, in order to apprehend any African or other person or persons concerning whom such information or complaint as aforesaid shall have been made, or such suspicion shall lie, and such person or persons shall forfeit each the sum of one hundred and forty pounds for every African or other person or persons so proved to have been hired, employed, harboured, or entertained by or in anywise in his, her, or their possession, or suffered to remain or abide on his, her, or their settlement or property, or on any settlement or property in or under his, her, or their possession, care, or management in the right of any other person, contrary to the true intent and meaning of this act, and who shall not be produced as herein-before directed, and in case any person or persons shall otherwise resist any such officer in apprehending and taking up any such African or other person or persons as aforesaid, under the authority hereby given and according to the meaning of this act, every such person so offending shall forfeit the sum of one hundred and forty pounds for every such offence; and the justices aforesaid are hereby authorized and empowered to commit the offender or offenders to the common gaol of the county wherein the offence shall have been committed, there to remain without bail or mainprize until he, she, or they shall have duly paid the several penalties incurred as aforesaid, which penalties shall be to His Majesty, his heirs and successors, for and towards the support of the government of this island.

[Clause 9] And be it further enacted by the authority aforesaid, That in order to prevent any doubts arising whether the aforesaid mentioned proceedings under the authority of this act shall be considered as a criminal or a civil process, and in order to sustain the legality of any warrant issued to apprehend or commit such person or persons as shall offend herein, it is hereby declared, that every such process is and shall be taken to be of a criminal nature; and that any such particular description as shall be sufficient to ascertain the person of any such African or other person or persons unlawfully imported as aforesaid, or to discriminate such from any others, shall be deemed a sufficient specification of any such African or other person or persons in any warrant issued under and by virtue of this act: Provided always, that if any levy be made or judicial or mesne process executed in any civil cause, on occasion of the execution of any warrant issued by virtue of this act, every such levy, and the execution of every such process, shall be null and void to all intents and purposes; and that every person making such levy, or executing or attempting to execute any such process, shall be liable to answer for the same in damages to the party aggrieved thereby.

[Clause 10] And be it further enacted by the authority aforesaid, That in any proceedings under the authority of this act it shall be lawful for the parties the subjects thereof, if desirous of so doing, to appeal from the decision of any justice of the peace, associated as aforesaid, before whom shall have been tried any question touching any African or other person or persons held or detained in slavery as aforesaid, to the governor, lieutenant-governor, or person exercising the functions of governor for the time being of this island, in council, on giving notice to that effect to such justices within the space of fourteen days next after such decision shall be made; and such justices are hereby required, on receiving such notice to transmit or cause to be transmitted forthwith true copies of all such examinations and proceedings as have been had and taken in any such question, certified under their respective hands and seals, to the governor, lieutenant-governor, or person exercising the functions of governor; whereupon he shall cause notice to be served upon the person or persons claiming any such African, or other person or persons as aforesaid, and all other proper and necessary parties to appear before him in council, together with such African or other person or persons, for examination by an early day, to be for that purpose appointed; and the said governor, lieutenant-governor, or person exercising the functions of governor, in council, shall make such orders and regulations as shall seem meet and expedient for safe custody, and disposal, and support of any such African or other person or persons, the subject of any such question as aforesaid, until the same shall be finally determined, and shall afterwards examine into the decision of the said justices, and shall make such order therein as shall seem just and proper.

[Clause 11] And be it further enacted by the authority aforesaid, That every person who shall be summoned to appear as a witness in pursuance of this act, and who shall fail to appear at the time and place set forth in such summons as aforesaid, contrary to the true intent and meaning of this act, shall, upon due proof upon oath being made of the service thereof, forfeit the sum of fifty pounds for every such offence.

[Clause 12] And it is hereby further enacted and declared by the authority aforesaid, That every person, who shall bonâ fide attend, or be bonâ fide on his way to attend, or on his return from attending any justice or justices of the peace by virtue of any summons for any of the purposes of this act, shall be entitled to and receiver the like privilege from arrest or detention under any civil process whatsoever, as any suitor, party, or witness attending any court is by law entitled to receive; and if therefore any person shall be so arrested or detained, any judge of the supreme court of judicature of this island, or justice of assize, on its being made to appear to his satisfaction that such person so arrested or detained did bonâ fide attend, or was bonâ fide on his way to attend, or on his return from attending any justice or justices of the peace by virtue of any summons for any of the purposes of this act, shall and be and is hereby required forthwith to discharge the person so arrested or detained.

[Clause 13] And be it further enacted by the authority aforesaid, That every person so summoned as a witness, or who shall appear voluntarily before the said justices as a witness, and shall thereafter refuse to be examined upon oath touching the matters and things in question before such justices, they the said justices are hereby authorized and empowered to commit the offender or offenders to the common gaol of the county wherein the offence shall have been committed, as for a contempt of court, for a period not exceeding three months.

[Clause 14] And be it further enacted by the authority aforesaid, That in case any person so summoned or appearing before the said justices to give evidence as aforesaid shall on examination be guilty of any false or wilful prevaricating, he or they being thereof lawfully convicted shall incur and suffer the pains and penalties inflicted by law on such persons as shall commit, or shall suborn any person to commit, unlawful and corrupt perjury.

[Clause 15] And be it further enacted by the authority aforesaid, That after any condemnation of any African, or other person or persons unlawfully imported as aforesaid, under the provisions of the said recited acts or of this present act, the justices by whom such condemnation shall be made shall certify the same to the governor, or person exercising the functions of governor, of this island, to the end that such African or other person or persons unlawfully imported may be dealt with according to the provisions of the said first-recited act in such cases.

[Clause 16] And be it further enacted by the authority aforesaid, That from and after the passing of this act it shall not be lawful for any negro arriving in any ship or vessel from any port without the said island, in any port or place within the same, otherwise than as herein-after is mentioned and permitted, to land without a permit in writing from the naval officer or his deputy of such port where the ship or vessel shall have arrived (except such seafaring negroes as shall be bonâ fide employed as mariners on board such ship or vessel), on pain, if free, of being liable to be apprehended by any of his Majesty’s subjects, and of being committed, by any justice of the parish wherein the offence shall be committed, to close confinement in any of the gaols of this island for any period not exceeding three months, or if not free, of being committed by any justice to the nearest public workhouse, and to be there kept for safe custody and protection for a space of time not less than three months, and for the purpose of further proceedings in their behalf, as they shall seem expedient, and circumstances may require; and in all such cases the like reward and charges shall be allowed to all persons taking up any such negro or negroes so transgressing, as are allowed for taking up runaways by the laws now in force respecting runaway slaves.

[Clause 17] And be it further enacted by the authority aforesaid, That from and after the passing of this act, the master or commander of any ship, vessel, or boat which shall arrive in any port of this island from any port without the same (except any ship, vessel, or boat of His Majesty) shall immediately on his arrival declare upon oath in writing to the naval officer or his deputy of such port, whether there is or are to the best of his knowledge any negro or negroes, or any slaves on board his vessel not being a negro or negroes or slave or slaves bonâ fide belonging to his said vessel, and employed in navigating the same; and in his said declaration shall specify the number and sex or sexes of such negroes and such slaves, if any there be on board his said vessel, the place or places where they were taken on board; and in case, of slaves the name or names of their respective owners or proprietors; and such further particulars concerning them and each of them as shall have come to his knowledge; and shall also at the same time render on oath to the said naval officer or his deputy an account and list in writing of all such seafaring negroes and slaves on board the said ship, vessel, or boat, as belong thereto, and are employed in navigating the same.

[Clause 18] And be it further enacted, by the authority aforesaid, That the master or commander of any such ship, vessel, or boat so arriving as aforesaid, who shall refuse or neglect to make such declaration on oath, or to render such account and list on oath as aforesaid, shall for every such offence forfeit and pay the sum of one hundred and forty pounds for each and every such negro or other slave who shall have been on board at the time of the arrival of such ship, vessel, or boat as aforesaid; one moiety whereof shall be to His Majesty His heirs, and successors, for the support of the government of this island, and the other moiety to the informer or informers who shall sue for the same, to be recovered before any two magistrates acting in and for the parish in which such offence shall have been committed; and that it shall be lawful for the collector and comptroller of the customs of the port, and of the naval officer or his deputy, where such ship, vessel, or boat shall have arrived, and they are hereby required and enjoined, to detain such ship, vessel, or boat as aforesaid, until the same shall have been paid.

[Clause 19] And be it further enacted by the authority aforesaid, That it shall not be lawful for any master or commander of any such ship, vessel, or boat arriving in any port of this island from any port without the same, to land or suffer to be landed any negroe or negroes, or any slave or slaves not being a negroe or negroes, slave or slaves, bonâ fide belonging to the said ship, and employed in navigating the same (in which case all such negroes and slaves shall be under the regulations and restrictions herein-before provided and declared for seafaring negroes and slaves employed in navigating vessels to and from this island), without a permit in writing from the naval officer or his deputy, of such port where he shall have arrived, under the pain of forfeiting the sum of one hundred and forty pounds for every such negro or slave so landed; one moiety of which penalty shall be to His Majesty, His heirs and successors, for and towards the support of the government of this island, and the other moiety to the informer who shall sue for the same, and of suffering the further punishment of imprisonment, not exceeding twelve months, without bail or mainprize, in the common gaol, on conviction of such offence before any three magistrates of the parish or precinct wherein it shall be committed.

[Clause 20] And be it further enacted by the authority aforesaid, That in case any such master or commander, or other person or persons as aforesaid, shall be guilty of any false and wilful prevaricating in taking the oath aforesaid, or shall unlawfully and corruptly procure or suborn any person to take the said oath falsely, he or she being thereof duly convicted shall for every such offence incur the pains and penalties inflicted by law on all such persons as shall commit wilful perjury, or shall procure or suborn any person to commit any wilful or corrupt perjury,

[Clause 21] And be it further enacted by the authority aforesaid, That the naval officer or his lawful deputy of the several ports of this island shall be entitled, for taking the declaration of the master or commander of any ship, vessel, or boat, and the account and list as aforesaid, and for administering the several oaths by this act required (which oaths they or either of them are hereby authorized and empowered to administer), and for making out and granting the permit in writing for landing any such negro or negroes, or slave or slaves as aforesaid, to demand a fee of ten shillings for every such negro or slave so permitted to be landed, to be paid by the person applying for the same, before such negro or negroes, slave or slaves, shall be landed’ which fees shall be in full compensation to such naval officer and his deputies for the additional duty imposed on them by this act.

[Clause 22] And be it further enacted by the authority aforesaid, That the naval officer or his deputy of the several ports of this island shall not grant to any master or commander of any ship, vessel, or boat so arriving as aforesaid, any permit before such declaration on oath has been made by the master as is herein-before mentioned, under the penalty of one hundred and forty pounds for every negro or other slave, to be recovered in the supreme court or either of the courts of assize in this island; such penalty to be to the use of His Majesty, his heirs and successors, for the support of the government of this island.

[Clause 23] And be it further enacted by the authority aforesaid, That in case any attempt shall be made by any person or persons fraudulently and clandestinely to land any negro or negroes, or any slave or slaves, from on board any ship or vessel in any port, harbour, bay, or creek, or elsewhere on the sea-coast of this island, contrary to the said recited acts or this present act, it shall and may be lawful to and for any of His Majesty’s subjects, and he and they is and are hereby required to seize and apprehend any such negro or negroes, slave or slaves, and to carry him and them before the nearest magistrate, who shall associate with himself two other justices of the same precinct, and who together shall examine into the fact of such attempt to land such negro or negroes, slave or slaves; and on due proof thereof (unless the same shall well and satisfactorily appear to have been caused by shipwreck or other unavoidable or irresistible necessity) the said justices shall forthwith adjudge and condemn such negro or negroes as unlawfully imported slaves, and as forfeited to the crown in the manner and for the purposes before directed in respect to natives of Africa, or others, unlawfully obtained in slavery, and condemned as slaves, forfeited to His Majesty by virtue of the said recited acts of this present act.

[Clause 24] And be it further enacted by the authority aforesaid, That in all cases where any African or other person or persons shall be finally condemned as slave to His Majesty’s use under the provisions of this act, there shall be paid by the receiver-general of this Island, or his lawful deputy, to the person or persons who shall inform against any one offending against the same, so as to lead to his or her conviction, the sum of fifty pounds of current money of this island, for every African or other person that shall be so condemned as aforesaid; and the said justice shall, upon every such condemnation being made under the authority of this act, issue an order under their respective hands and seals, directed to the said receiver-general, or his lawful deputy, for the payment of all such sum and sums of money by way of bounty as aforesaid, to which the person or persons therein named shall or may be respectively entitled.

[Clause 25] And be it further enacted by the authority aforesaid, That if any person or persons shall at any time be sued or prosecuted for anything by him or them done or executed in pursuance and under the authority of this act, such action or prosecution shall be commenced within three months next after the offence shall have been committed, and that the defendant or defendants therein may plead the general issue “not guilty,” and give this act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and under the authority of this act; and if the same shall appear to have been so done, that the jury shall find a verdict for the defendant or defendants; and if the plaintiff or plaintiffs shall become nonsuit, or suffer a discontinuance of his, her, or their action, or if a verdict shall pass against the plaintiff or plaintiffs, the defendant or defendants shall have treble costs, and have the like remedy for the same as any defendant or defendants hath or have for costs of suit in any other cases by law.

[Clause 26] And be it further enacted by the authority aforesaid, That no writ shall be sued out against, nor any copy of any process at the suit of a subject shall be served on any justice of the peace, or any person acting under his orders or directions, for any thing by him or them done in pursuance of this act, or in the execution of or by reason of the powers given them by this act, until notice in writing of such intended writ or process shall have been delivered to him or them, or lest at the usual place of his abode, by the attorney or agent for the party who intends to sue, or cause the same to be sued out or served, at least one calendar month before the suing out or serving the same; in which notice shall be clearly and explicitly contained the cause of action which such party hath or claimeth to have against such justice of the peace, or other person acting under his order or directions as aforesaid, on the back of which notice shall be endorsed the name of such attorney or agent, together with the place of his abode; and no plaintiff shall recover any verdict against such justice, or any person acting under his order or directions as aforesaid, in any case where the action shall be grounded, or any thing by him or them done under or in pursuance, or in execution, or by reason of the powers by this act given to him or them, unless it is proved upon trial of such action that such notice was given as aforesaid; but in default thereof, such justice, or other person acting under his or their orders or directions as aforesaid, shall recover a verdict and costs as aforesaid; and no evidence shall be permitted to be give by the plaintiff on the trial of any such action as aforesaid of any cause of action, except such as is contained in the notice hereby directed to be given as aforesaid.

[Clause 27] And be it further enacted by the authority aforesaid, That in case any justice of the peace, clerk of the peace, provost-marshal, deputy marshal, gaol-keeper, constable, naval officer, or his deputy, or any other person by whom any thing is directed by this act to be done and performed, shall refuse to perform or shall neglect his duty in any thing required by this act to be done, for which default no penalty is herein-before provided, every such person so offending shall forfeit the sum of fifty pounds for every such neglect or refusal.

[Clause 28] And be it further enacted by the authority aforesaid, That in all cases wherein any penalty in this act mentioned is directed to be recovered before any justice or justices of the peace, such justice or justices are hereby empowered and enjoined to commit the offender or offenders on conviction to the common gaol, there to remain without bail or mainprize until such penalty or penalties shall be duly paid; and that all penalties not herein directed how they shall be recovered, shall be recovered in the supreme court of judicature, or in the court of assize of this island, by action of debt, bill, plaint, or information, wherein, as also in all actions or suits brought for penalties herein-before expressly directed to be recovered in the supreme court or courts of assize, no essoin, protection, wager of law, imparlance, or injunction, shall be granted or allowed, or non vult ulterius porsequi be entered.

Passed this Council 12th December 1816

W. Bullock,

Clerk of Council

I consent this 19th day of December 1816.

Manchester

Passed the Assembly this 2d day of December 1816.

James Lewis,

Speaker

Vera copia exten.

W. Bullock, Sec.