Rape on female slave punished with death.

No corruption of blood or forfeiture to ensue.

Owner, or other person, by whom slaves

are maltreated or branded to be punished with fine or imprisonment, or both.

Action of damages may be brought by owner where other person has maltreated the slave.

In atrocious cases of maltreatment by owner, slave to be made free, and to receive 101. per annum from the parish, to which parish the fine of 1001. on owner is to be paid in such

cases.

Slave maltreated to be sent to the workhouse by any justice of the peace, but not worked

nor confined with slaves under punishment, till special sessions meet, and such justice to report to custos or senior magistrate, who to

fender thereof being duly convicted, shall suffer as a felon, without benefit of clergy. (31)

XXXII. And be it further enacted by the authority aforesaid, That if any person or persons shall at any time after the commencement of this act commit a rape on any female slave, then and in every such case every person being thereof lawfully convicted shall be deemed guilty of felony, and suffer death without benefit of clergy; Provided always, that nothing herein contained shall extend to the corrupting the blood or the forfeiture of lands or tenements, goods or chattles, any law, custom, or usage to the contrary thereof in any wise notwithstanding. (32)

XXXIII. And, in order to prevent any person from mutilating, dismembering, or cruelly beating or confining any slave That if any master, mistress, owner, possessor, or other person or slaves, Be it further enacted by the authority aforesaid, 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, or wantonly or cruelly whip, maltreat, beat, bruise, wound or imprison, or keep in confinement without sufficient support, or brand any slave or slaves, he, she, or they, shall be liable to be indicted for such offence in the supreme court of judicature, or in any of the assize courts or courts of quarter-sessions of this island, and, upon conviction, shall be punished by fine not exceeding one hundred pounds, or imprisonment not exceeding twelve months, or both, for each and every slave so mutilated or dismembered, punished or confined, 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 same, in case such slave or slaves shall not be the property of the offender. And, in 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 each of the said slave or slaves so made free, the sum of ten pounds per annum, for his or her maintenance and support, during life; and, in case any slave or slaves shall suffer any before mentioned mutilations or wanton punishment, or confinement, or branding, 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, or its appearing to his satisfaction, that such mutilation or wanton punishment have been really suffered, 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, but not worked, at the expence of such parish, until such time as the special sessions hereinafter mentioned shall meet, and such slave shall be kept separate

who to be a council of

and apart from slaves committed to such workhouse as run- (Council amendaways or criminals, in a place appropriated in such workhouse ment.) for that purpose; and the said justice of the peace, to whom (The remaining part such application shall have been made as aforesaid, is here- of this clause new.)! by required, and directed forthwith, to certify the nature convene special sessiof such application or complaint to the Custos or senior Ma- ons of not less than 3 justices, who, if they gistrate in the parish or precinct wherein such workhouse shall find complaint fiivo be situate, whose duty it shall be, and he is hereby directed and lovs, to punish comrequired to convene a special sessions, consisting of not less plainant, but if comthan three justices of the peace of such parish or precinct, plaint be well founded which special sessions, when met, is hereby empowered and to take recognizances, required to make further and full enquiry, upon view, and by &c. and to remand the examination of witnesses into the commitment of the mu- slaves to workhouse tilation or punishment of such slave or slaves; and if upon such till legal meeting of examination it shall appear to them, that the complaint of justices and vestry. such slave or slaves is frivolous or unfounded, it shall be law- protection, and if they ful for them, and they are hereby required to dismiss the complaint, and to direct such slave or slaves to be delivered over to his, her, or their owner or owners, or possessor, or his, her, or their legal representatives, or to direct such punishment by confinement to hard labour, or whipping, or both, as to them may seem proper; but, if upon such examination and enquiry as aforesaid, it shall appear to the satisfaction of the said justices, that the complaint is well founded, they are hereby directed to lodge the examinations with the clerk of the crown, or clerk of the peace, that the parties may be prosecuted according to law, and to bind over the said offenders and witnesses in a sum not exceeding fifty pounds, with securities to appear at the grand or assize courts, or quarter sessions of the parish, and to remand the said slave or slaves to the workhouse, to be kept until such time as there shall be a legal meeting of the justices and vestry of such parish, which meeting the custos or chief magistrate is hereby required to

see cause to prosecute offender to effect at expence of parish, and empowered to sue owner for costs.

call as early as conveniently may be, and such justices and Council of protection. vestry, when met, are hereby appointed a council of protection of such slave or slaves, and are hereby directed and empowered, if they think proper to make further enquiry, into the commitment of the mutilation or punishment 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 a 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 of the work- Keeper of workhouse house where such slave or slaves shall have been first com- to produce slaves. the special sessions of mitted is hereby directed and required, upon due notice of the three justices or to meeting of the said special sessions, or of the first meeting of the council of protection, council of protection of the parish where the offence was com- under penalty. mitted, to produce such slave or slaves for the inspection and direction of such special sessions and council of protection, under the penalty of one hundred pounds for every neglect in not producing before such council of protection such slave or slaves. (33)

XXXIV. And be it further enacted by the authority aforesaid, New clause.

Penalty on justice or That if after due notice of such meeting being convened, a sufvestryman not attend- ficient number of magistrates and vestrymen do not attend to ing council of protec- form a council of protection, the custos or senior magistrate

tion.

Any justice on view or information of slave being maltreated to send for same, and if fact is so to send slave to workhouse (where

he is not to be worked)

till enquiry is made.

Slaves not to receive more than ten lashes except in presence of owner or overseer, &c. nor in such presence more than 39, nor until recovered from for mer whipping, under penalty, &c.

Amendment.

New clayse.

Slave not to be sent to workhouse for more than 10 days, or to receive more than 20 lashes therein, without order of justice.

Further punishment of slave under such circumstances prohibited.

who may preside at such meeting, is hereby empowered and require to inflict a fine not exceeding ten pounds upon any vestryman or magistrate voluntarily absenting himself, to be levied by warrant under his hand and seal. (34)

XXXV. 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 cruelly punished, 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 are confined, and such slave or slaves to release and bring before such justice, who, on view or proof of the fact, is hereby authorized to send such slave or slaves to the workhouse for protection, there to be kept but not worked until enquiry shall be made into the fact according to law. (35)

XXXVI. And in order to restrain arbitrary punishment, 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 keeper of such workhouse, or keeper of such gaol, shall be present; and that no such owner, attorney, guardian, executor, administrator, or overseer, workhouse-keeper, 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 on the same day, nor until the delinquent has recovered from the effects of any former punishment, under a penalty not less than ten pounds or more than twenty pounds for every offence, to be recovered against the person directing or permitting such punishment, in a summary manner, upon conviction before any three magistrates, by warrant of distress and sale, and in default of payment, the said magistrates are hereby required and empowered to commit such offender to the common gaol for any space of time, not exceeding ten days, besides being subject to be prosecuted by indictment in the supreme or Assize courts or courts of quarter sessions of this island as for an offence against this act. (36)

XXXVII. And be it further enacted by the authority aforesaid, That no person or persons shall after the commencement of this Act commit or send any slave or slaves belonging to him, her, er them, to any workhouse in this island for any offence whatsoever for a longer space of time than ten days, without a commitment or warrant to be signed by a justice of the peace, nor shall give nor direct, or cause to be given to any slave in such workhouse, more than twenty lashes without a warrant from a justice of the peace, under a penalty of five pounds for each and every such offence; and if any person shall further punish, or cause to be punished, any such slave or slaves for the same offence for which he, she, or they had suffered such pusnihment as aforesaid, (or such punishment as a justice

of the peace shall have directed) either by re-committing such slave or slaves to the same workhouse, or committing or sending him, ber, or them, to any other workhouse or otherwise howsoever, such person shall suffer such punishment by fine

C

not exceeding ten pounds; and if any workhouse-keeper Penalty on werkhouseshall give or cause to be given any number of lashes contrary keeper who inflicts a to the true intent and meaning of this clause, such workhouse- greater number of keeper shall suffer punishment by fine, not exceeding ten lashes. pounds, and the several penalties and fines under this clausc

are to be recoveted before any thres justices of the peace, who How penalties to be may commit the person so offending to gaol, until such penal- recovered. ties or fines are paid, or may issue their warrant for the levying and sale of the same, by sale of the goods and chattles of the offender. (37)

XXXVIII. And be it further enacted by the authority aforesaid, That in case any justice or justices of the peace shall receive any complaint or probable intelligence from any slave or otherwise, that any slave or slaves has or have been improperly punished contrary to the true intent and meaning of this act, it shall and may be lawful to and for such magistrate to associate two other of the magistrates of the said parish with him, and to inquire in a summary manner into such complaint, and if upon inquiry it shall be found that the said complaint is true, it shall be the duty of the said magistrates, and they are Tereby required to proceed against the offender according to law; but if it shall appear that such complaint was groundless, the said magistrates shall punish the complainant and the person giving information thereof, in such manner as to them inay seem proper. (38)

XXXIX. And be it further enacted by the authority aforesaid, That no person shall, on any pretence whatsoever, punish any negro or other slave, whether his own property or otherwise, by fixing or causing to be fixed, an 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 or weights of any kind, other than a light collar without hooks, to indicate that such slave is an incorrigible runaway, or one accustomed to commit depredation on grounds of the other negroes, and which collar shall only be put on by the directions of a magistrate, on complaint being made, under a penalty not less than five pounds, nor exceeding fifty pounds, to be recovered in a summary manner, before any two or more justices of the peace of the parish or precinct where the offence shall be com mitted; and all and every the justices of the peace within this island are hereby authorised, 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. (39)

XL. And be it further enacted, That no slave (such only excepted as are going with fire-wood, grass, fruit, provisions, or small stock, and other goods, which they may lawfully sell, to market and returning therefrom), sball from and after the commencement of this act, be suffered or permitted to go out of his or her master's 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 slaves setting out, and where he or she is going, and the time limited for his

Justices to enquire into complaint or probable information,

that a

slave is improperly punished, and to preceed if true, according to law-if frivolous to punish informant.

No collar, &c. to be fixed on slave, but by order of a magistrate,. In all other cases justice to cause such collar, &c. to be removed under penalty of £ 100.

Slaves, except when going to market, not i go out from owner's plantation, or to travel from one town to an

other without a ticket der penalty on owner, specially worded, un

overseer, &c. unless he prove on oath that such slave went away with

out his consent; in such case, justice to order punishment.

Penalty on justice neglecting duty.

Ticket not to exceed 1 calendar month.

Slave absent 5 days without a ticket, or found 8 miles from place where belonging to be deemed a runaway,except slaves going to, and returning from, market.

Runaways for above 6 months to be sentenced to hard labour or transportation.

Runaways, for time not exceeding 6 months tried summarily, and punished with whipping or hard labour: if incorrigible, tried as if runaway for above 6 months.

Slaves harbouring runaways, or giving them false tickets, punished as court directs, not

or her return, under a penalty not exceeding forty shillings for every slave so offending, to be recovered from the master, owner, employer, or overscer, 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, in which case the justice to order punishment, and if such justice shall neglect or refuse 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. (40)

XLI. 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. (41)

XLII. And whereas it is very dangerous to the peace and safety of this island to suffer slaves to continue as runaways, and it is absolutely necessary to declare and make known to the public what slaves shall be deemed such; Be it enacted by the authority aforesaid, That from and after the commencement of this Act, any slave or slaves who shall be absent from his owner or employer without leave for the space of five days, or who shall be found at the distance of eight miles from the house, plantation, or other settlement to which such slave or slaves shall belong, without a ticket or other permit to pass, except as hereinbefore excepted, in going to and returning from market, shall be deemed a runaway. (42)

XLIII. And be it further enacted by the authority aforesaid, That if any slave shall run away from his or her owner or lawful possessor, and continue absent for a term exceeding six months, such slave being 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. (43)

XLIV. And be it further enacted by the authority aforesaid, That if any slave shall runaway from his or her lawful owner or possessor as aforesaid, and continue absent for any term not exceeding six months, such slave shall be liable to be tried before two justices, and upon conviction thereof shall, for the first offence, suffer such punishment, by flogging or confinement to hard labour, not exceeding three months, the said two justices shall think proper to direct; but if the said slave hath frequently runaway, and is by his or her owner or possessor declared to be an incorrigible runaway, he or she shall be tried as if he or she had been runaway from his or her said owner or possessor, and continued absent for a term exceeding six months, and such slave being convicted thereof, shall be sentenced to be confined to hard labour, or be transported for life, as the court shall direct. (44)

XLV. 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, or shall furnish a ticket or letter to such runaway slave or slaves, for the purpose of ena