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(91) Persons nol yiving information of last aforesaid assemblies, punished by fine, imprisonment, or whipping, at discretion of court.-—This clause is the same as the 56 of the law of 1816.
(92) Slave stealing horses, &c. or killing horses, with intent to steal carcases, punished at discretion of court.—This clause is the same as the 57 of the law of 1816.
(93) Slaves having in possession flesh of horse, $c. unaccounted for, punished, if not exceeding 20lbs. by whipping ; if exceeding 20lbs. at discretion of court, not extending to life or imprisonment for life.--This clause differs from the 58 of the law of 1816, by subjecting the accused to conviction by one, in place of two justices, for the minor offence, and before three justices, in place of two, for the heavier. [It would appear by the preamble of this clause, that slaves at the present day were in the practice of eating horses ; this, however, is not the case ; but the recital has continued since the periode when the imported Africans had that practice.]
(94) If slave wantonly injures horse, cattle, &c. trial before three justices : punished by whipping not exceeding 50 lashes, which may be inflicted at different times, or two months' hard labour. If beast dies in ten days (though carcase not stolen), punished at court's discretion. This clause differs from the 59 of the law of 1816, by requiring the conviction for the minor offence to be before three or more, instead of two or more justices; and for the greater offence substituting the new form of trial of slaves in serious cases, after provided for,
(95) Slaves mutilating other slaves, punished at court's discretion.—This clause only differs from the 60 of the law of 1816, by substituting the new form of trial after provided for in cases of serious offences charged against slaves.
(96) This clause states that it is dangerous to clear grounds by fire. If injury arises to one property by slaves of another so clearing grounds, slaves punished for misdemeanour. "Overseer, owner, &c. to extinguish such fire ; wilfully neglecting, and injury ensuing to other property, to be fined by any two justices. This clause is similar to the 61 of the law of 1816.
(97) Slaves committing offences subjecting to death, transportation, or hard labour for more than one year, to be tried at quarter-sessions, or special slave court. Trial before grand and petit jurors, as white persons are tried. Justices to apprehend accused, to send for witnesses, take recognizances, and commit, &c. Slaves evidence against slaves in all cases. Indictment to be read to accused. Indictment not to be quashed for defect in form. Trial by petit jury. Petit jury being formed for trial of free persons, same jurors names to be called over, to set on slaves trial. Challenges cum causa. Owner &c. not to set on trial as juror. Place of owner or challenged supplied out of panel or by tales. Same jury to serre for every case-unless circumstances of one trial likely to bias another. Court to pass sentence of death, &c. Proviso, sentence of death or transportation not to be effected without warrant from gorernor, who is to have indictment, evidence, sentence, or copy attested ; except in cases of rebellion, &c. when execution immediate, but reference may be made to governor. Special slave court may be held for furtherance of justice and public safety. Custos or senior magistrate to issue tenire to provost mar. shat, who to rurn forty-eight jurors. Penalty of £5 on juror not attending. Court to proceed in like manner as quarter sessions. This is one of the most important clauses in the new lar. It changes the disgraceful mode of trying slaves with less caution than free men, by giving them the benefit of a grand jury, and also further differs from the 79 and 80 of the repealed consolidated slare law of 1916, by enacting that slaves charged with offences subjecting them to death, transportation, confinement to hard labour for life, or for a longer term than one year, shall be tried by the quarter sessions or special slave court as white or free persons are tried at the quater sessions for misdemeanours, (instead of by the slave courts held under the repealed law, where the slave was put on his trial by a species of et-officio information filed by the clerks of the peace), and also gives, them the right of challenging. It also extends the provisions of the 2 Geo. 4, cap. 16, (vrhich enacts that no sentence of death on a slare under the 57 Geo. 3 (the repealed consobidated slare lan) shall be carried into execution without the gorernor's trarrant, except on conviction of nobellion), by providing that sentence of transportation also shall not be carried into effect without the same warrant. In cases of sentence of death for rebellion, the governor's warrant may be applied for, and erecution staid till then.
(98) Indictments in St. Thomas in the Vule and St. John preferred before grand jury. in St. Catherine. Trial to be at special slare court, convened by custos or senior magis trate to meet where now held. Venire to issue. Twenty-four jurors to be suni moned, Trial lield as if in quarter sessions. Like pena'ties on prorost-marshal, deputy, witnesses,
jurors, fc. as in quarter sessions. Clerk of peace to keep record. Proviso, that slave after six months, if no indictment preferred, to be discharged by quarter sessions. Prori80, on inilictment against slare for murder, verdict muy be manslaughter. Manslaughter. punished at court's discretion, not extending to life. Tinis clause provides for the ease of two purishes having no separate jurisdiction from a precinct.
(95) Magistrates al quarter sessions may dismiss or suspend clerk of the peace for ignorance or misconduct. May appoint in default of cusios appointing another clerk resident. This is a new clause, the want of which has ojien been felt.
(100) Burrister or attorney to defend slaves capilally indicted. To be paid salary or fees out of parochial funds. This is a new cluuse ; but the spirit of it has often been in practice ; for, at the trials of the sbares of several gentlemen in Hanover and St. James for rebellion and other crimes in 1824, they were defended by counsel at the cost of their
(101) Free witnesses not attending slave court to be fined. This clause is the same as SI of the law of 1816.
(102) Jurors, &c. exempt from civi: process, and so sluves in attendance on slave court. This clause is the same as 82 of the law of 1816.
(103) Records to be kept of trials of slaves, in cases when subject to deuth, transportation, or hard labour. Fce paid clerk of peace therefore and attendance, fc. £5. Deputy. marshal, or person under him; to attend trials of stare, execule sentence, fc. £5 for such attendance, fc. Further 5 if sentence of death executed. This clause is the same as the 83d of the law of 1816.
(104) Perjury of slaves punished as if by free persons. This clause completely changes the punishment for perjury. By the 8t of the repealed law of IS16, slaves guilty of perjury suffered the same punishment as the person against whom they gave false testimony would hare suffered hud he been convieled, See 131 of this law. (103) Warrant against slave not being exccuted, notice to be serred on onner.
Penalty of £100 if he secrets such slave. This clause is the same as the 85th of the law of 1816.
(106) In all trials of slaves, six days notice to owner, 8c. This clause is the same as the Saith of the law of 1976:
(107) If owner resides in different parish from where offence committed and tried, clerk of pouce to transmit notice to clerk of peace where owner resides, who to give it to constable under penalty. Penalty on constables not serving notice. Constables to make oath of Service, and return to clerk of peace, who is to transmit it to other clerk of peace. Fers to clerk of peace and constable where warrant served. This clause is the same as the 87th of the law of 1816.
(105) in cases of runarays, orner may not be found and whenerer orner cannot be found, notice of trial to be advertised. This is a new clause introduced by Mr. Lunan.
(109) Execution of death to be solemn and public. Rector or curate to attend criminal while under sentence, and at execution. Gaoler to keep criminal sober under penalty. Execution by hanging. This clause is the same as the 88 of the law of 1816.
(110) Value of slaves to be ascertained by jury, on sentence to death, transportation, or hurd labour for life-to certify amount--not above £100-or convicted as runaway L50. This clause is the same as the SI of the law of 1816.
(111) Provost or deputy-marshal to execute sentence under penalty, if death or transportation, by warrant from governor; (except for rebellion, when to execute on warrant of death from justices); to sell slaves for transportation ; render owner just account on oath of sale, and pay him nett proceeds ; if none, to certify, and receirergeneral to puy. This clause differs from the 90 of the law of 1816, by providing that (in pursuance to previous new clauses, the warrant of the governor shall be neceswary before sentence of t:ansportation is effected in any case ; or that of death, ercept in cases of rebellion, when the warrant of the justices is sufficient, if they deem it expedient to issue it without applying to the Governor,
(112) Į the sentence is death or hard labour, receiver-general to pay orner, and; also ralue of Transported slave, deductiny proceeds of sale. This clause is the same as the 91 of 1516.
(113) Transportedl slare sold, to remain in gaol till purchaser gives bond, with surety, to transport in 30 days, and confined in mean time to resscl. Bond taken by provost marshal or ileply. Fee to that oficer. Bond to be recorded. This clause is the same as the 12 of the law of 1816.
(111) Purchaser of convict to make oath he will transport to This clause is the Bume as the 93 of the law of 1810.
(15) Prorost, fc. no! to deliver convict till bond giren, under penalty of £300. Con. fir! found in island or suisl 30 dans, forfeited, and to be re-sold by prorost us before, and noil proceut's quid receiiet general This clarse is the sume as lke 91 of the lur ajo
(116) Convict, at any time after sale, found in this island, to belaken before justice, who la direct provost, $c. by warrant to re-sell. Proceeds, deducting 5 per cent. and charges, 10 be puid in moieties to informer anl receiver-general. This clause is the same as the 95 of. the law of 1816.
(117) Convict transported for offence subjecting to death, wilfully returning from transportation, to suffer death on conviction. This cluuse differs from the 96 of the lum of 1816, by enacting that slaves returning from transportation, for all offences subjecting them to death, shall be executed, whereas the repealed law only extended to certain capital
(118) Master of vessel or other person İringing back transported convict, subject to penalty and imprisonment. This clause differs from the 97 of the law of 1816 by subjecting every person to fine and imprisonment, who wilfully brings back transported convicts: whereas the repealed law limited the clause to masters of vessels. This is also an amendment by the attorney-general.
(119) Convicts for transportation not sold in one month to be committed by warrant of justice to hard labour in workhouse till transportation. Receiver-general to pay value to owner. If provost marshal afterwards sells, to account to receiver general, under penalty. This is a new clause, providing for the case of there being an inability to transport convicts according to the law, and was also proposed by Mi Attorney-General.
(120) Convicts sentenced for life to hard labour behaving well, governor, on representation of commissioners of workhouse, may order sale, with convict's approbation. Nett proceeds to be paid receiver-general. This is a new clause, and was introduced by Mr. Mais.
(121) Slave sentenced to workhouse for a time, escaping, to be sent back and whipped; not erceeiling 50 lashes. This is a new c ause differing from the 93 of the repealed law of 1816, by enacting that the escape of a slave sentenced to hard labour for any term shall be pos. nished by recommittal and whipping : whereas the o epealed clause confined its operation to slaves committed for a less term than two years. The new clause makes the conviction before three instead of two justices.
(122) Slare sentenced to hard labour for life, escaping; on proof before three justices, to be recommitted or transported, at discretion. This clause differs from 90 of law of 1816 by requiring the conviction to be before three instead of two justices. (Under the old law thus anomaly existed between the 96 and 99 clauses, that a slave committed for a longer term than two years, but not for life, could not be punished for his escape.]
(123) Escape permitted by provost, deputy, constable, or workhouse keeper, conviction before three mayistrates and fine not exceeding £50. This clause is the same as the 100 of the law of 1816.
(!24) Fees of depnty marshal, &c. for slaves discharged by proclamation to be paid by public. This clause is the same as the 101 of the law of 1816. (125) Gaol-keeper not to employ slave prisoners,(but which are to remainingnot
for inspretion of any person,) under penalty This clause differs from the 102 of the law of 1816, by declaring the penalty sha!l noi exceed £50, whereas, by the repealed law, it was ex necessitate £50.
(120) Inferior crimes of slaves punished summarily before two or more justices. Notice giren to owner.
Punishment not to exceed 39 lashes or three months' kard labour. This clause differs from 103 of the repealed law of 1816 by including amongst the inferior misile meanours to be punished summarily," swearing, obscene language, drunkenness, and indecent and noisy behaviour ;” it also reduces the maximum of punishment from fifty lashes or six months' hari labour', to thirty-nine lashes or three months' hard labour.
(127) ('lerk of the peace attending summary trial to receive £1. 6s. 8d.—Constable 10s. from churchwardens ; except Kingston, where clerk 13s. 4d.-coilstable 5s. This clause is the same as 104 of the repealed law of 1816.
(128) Evidence of slares arlmittel in certain criminal cases. Proviso, that certificate of baptism be prorluced, and that slave understands obligation of an oath. Proviso, thus no free person be convicted but on evidence of two slaves, who to be examined apart. Proviso, that no free person be convicted on slave testimony unless complaint be made within 12 months, and after 1st May, 18:7. This clause, which admits the evidence of slaves againse free persons in certain criminal cases, is entirely nen, and was the subject of many debates, before it became a law. The council, on motion of the attorney-general, song
down amendments to the assembly, rendering the evidence of one slave sufficient in capta tal cases, and taking off the restrictions, but they were unanimously rejected.
(129) Justice or coroner taking slave's examination to certify in jurat that slave understands the nature of an oath—to take recognizance for slave's production--to transmit deposition and recognizance to clerk of the crown. If recognizance of slave witness not given, or if owner, is the personaccused, orthere is cause to apprehend that witness may be kept away, to commit witness to gaol to be kept and maintained. If person in possession of witness produces him, to receive mile-money and hire. Justices to grant certificate, and receiver-general to pay. This clause is also new, and grows out of the one immediately preceding:
(130) When slave is a witness, court cannot declare other slave free. This clause is new, and seeks to prevent slaves committing perjury under temptation of procuring the freedom directed by 33d clause to be given to seriously maltreated slaves.
(131) Slave committing perjury to be punished by hard labour, pillory, whipping, or all. This clause to punish perjury is new, and is rather superfluous, being scarce more than a re-ena tment of the 104 clause relative to perjury, but it is meant to apply to the admission of slave evidence against free persons.
( 132) Slaves being witnesses protected from levies. This is a new clause, and has the same application as 131.
(133) Free persons associated in crimes with slaves may be convicted on cridence of slare accomplices, baptised or not, except where life may be affected. This is a new anıl very important clause : it evidently was enacted in consequence of a late case of deportation, and is handmaiden to the alien and sedition laws.
(134) This law is not to cease in martial law. This clause is the same as 105 of the repealed law of 1816.
(135) Penalties not already declared how recoverable, if not exceeding £50, before two justices--if more; to be sued in superior courts, one moiety to informer aud the other to churchwardens for poor. Provided that all penalties be sued for, 12 months after crime committed. This clause is the same as 106 of the repealed law of 1816.
(136) Offencés committed under late consolidated slave law, and other repealed acts, to be punished by said acts, but tried in manner directed by this. Penalties applied us directed in repealed acts.
(137) Duration of this law from 1st May, 1827, to 1st May, 1830.
The following clauses of the Consolidated Slave Law of 1816 are not re-enacted in the new law:
(9) Requiring annual returns of births and deaths of slaves.
(10) Authorising a deduction of the penalty for not making returns, from the overseer's salary.
(11) Directing £3 to be divided amongst the mother, midwife, and nurse of a child.
(39 and 40) These clauses prohibited slaves from having horses or mules. They are not only repealed, but the property of slaves in horses, &c. is secured.
(73) Directing runaways to be committed to workhouses only.