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than one year, to be or breaking into such houses, out-houses,stores or negro housss, in the day tried at quarter ses- time, no person being therein, and stealing thereout, rebellion, rebellious sions, or special slave conspiracies, or any other offence whatsoever committed by any slave or court.
slaves that shail subject such slave or slaves to suffer death, transportation, or confinement to hard labour for life, or for a term exceeding one year, shall be heard, tried, and determined at the court of quarter session,
or special slave court for the parish or precinct wherein the offence 'Trial before grand and shall be committed, as part of the business of such court, and by inpetit jurors, as white dictment before the grand an: petit juries of such court, as indictable persons are tried.
offences are now conducted at such courts against white persons and persons of free conclition, but first disposing of such business of the court às shall concern white persons and persons of free condition, and then proceeding with the trial of slaves against whom bills may be found by the grand jury, and the justice before whom such charge or complaint is made shall issue out his warrant for apprehending the
offender or offenders, and all persons that cao give evidence, who beJustices to apprehending broug!ıt before him, or any other justice of the peace, if, upon ese accused, to send for a nination it appears probable that the slave or slaves apprehended is witresses, take recog or are guiliy, shall commit the offender or offenders to gaol for trial at nizances and cominit, the next court ofq uarter sessions or special slave court, and secure the
attendance there of the witnesses by recognizance or committal to gaol, Slaves evidence agnst. as public juslice may require ; and in all cases the evidence of slaves siures in all cases. shall be admittelagainst slaves before the justice, the court, and the grand
or petit jury; and in case of the grand jury finding a true bill, then, in
ar parish where the court of quarter sessions is now usually holden, Indictment to be read such' slave or slaves shall have the indictment or charge distinctly to accused.
read to him, her, or them in open court, which indictment or charge Indictment not to be shall be deemed valid if sufficient in substance, and shall not be quashed for defect in quashed for defect in form, and thereupon the plea shall be taken form.
down and entered ; and such slave or slaves shall be put upon his, her,
or their trial before a petit jury, in like manner as is the practice usual Triał by petit jury. ad accustomed at the quarter sessions on the trial of indictments Petit jury being form- against white persons and persons of free condition ; and if a petit jury ed for trial of free be already formed for any preceding business of the court, it shall be persons, same jurors lawful to proceed to try the indictment against such slave or slaves, names to be called upon calling over the names of the jurors, and causing them to be over, to set on slave s sworn to try all and every such slave or slaves as shall be brought betrial,
fore them, and a true verdict give according to evidence, as in other Challenges cum cau cases, reserving to the crown and to the prisoner the power of chal
lenging any of the said jurors, upon assigning cause, to be approved of Owner, &c. not to set by the court; and provided, that no owner or proprietor of any priog trial as juror. soner, or the attorney, guardian, Irustee, overseer, or bookkeeper of Place of ownerorchal. such owner or proprietor, or the person prosecuting, his or her attor lenged, supplied out of ney, guardian, truster, overseer, or bookkeeper, shall be allowed to sit panel or by talce, as a juror upon the trial of such prisoner, and the place of such jurors
as shall be sei aside, upon challenge, or for the causes aforesaid, shall be supplied by others returned upon the panel to serve as jurors, or if a sufficient number should not be in attendance, then such deficiency
shall be supplied by a writ of tales, to be issued by the court in which Samr jury to serve for such trial shall take place, and the same jury shall serve for every everv easeunless cir- case, under the prrceding regulations, at the same court, unless the court cumstances of one trial shall see, or the jury of themselves declare, that the circumstances of likely to bias another. one trial too intimately affect another trial, to proceed without bias, in
which case a new jury shall be called, and if the said jurors shall, ('ourt to pass sentence upon hearing tlie evidence, usanimously find the slave or slaves guilly of death, &c.
of the offence with which he, she, or they stand charged, the court shall pass sentence of death without benefit of clergy, or transportation, or confinement to hard labour for life, or a limited time, or whip
ping, or such other punishment as the court shall think proper, accoidProviso, sentence of int to the nature of the offence: Provided alrays, That no sentence death or transporta- of death or transportation, pronounced on anv slave or slaves, shall be tina, not to be effect. carried into effectunless by warrant under the hand and seal of the goverel without warrant, nor, or the person exercising the functions of governor, whois hereby aufrom goverror: who thoris.d to issue such warran', and before whom shall be previously laid is to hare indictment the charge or indictment, the erilinesiaken downaithe trial, and the sen:
rence of the court, or a true copy thereof, attested by the justice presiding evidences & entence, at the trial, or in case of his death or absence of one of the other orcopy attested. justices constituting the court, except when sentence of death shall Except in cases of rebe passed upon any slave or slaves convicted of rebellion or rebellious bellion, &c. when execonspiracy, in which case the court shall and may proceed to pass sen- cution immediate ; but tence and carry the same into execution as heretofore, at such time and reference may be made place as public expedience may require, or if no pressing occasion arise,
to governor. the court may if it sees fit, refer the proceedings to the governor, in the manner and to be disposed of by him as in other cases of public Special slave court convictions: Provided always, That if it shall be necessary or ex, may be held, for fur. pedient for the furtherance of justice and the safety of the public, to therance of justice and hold any court before the stated court of quarter-sessions, it shall be public safety. lawful to convene a special slave court, and the custos or senior ma- Custos or senior magistrate of the parish or precinct, shall issue a special writ of venire, gistrate to issue venire directed to the provost-marshal-general or his lawful deputy, to sum
provost--marshal, mon and warn forty-eight persons, such as are usually warned and im- who to warn forty-eight pannelled to serve on juries for the parish or precinct, personally to be jurors. and appear at such court, at the usual place for holding the quartersession, at such day and time as may be expressed in such venire, then and there to enquire for our Sovereign Lord the King, of and concerning all such matters and things as shall be given them in charge and enjoined, when and where the said persons so warned by the provostmarshal or his lawful deputy as aforesaid, are hereby severally required to attend, under the penalty of five pounds on each defaulter, Penalty of 5 on juand when and where the said special slave court shall proceed in like ror not attending. manner, in all respects, as is the usual custom and practice at a general Court to proceed in lika court of quarter-sessions of the peace, for indictable offences against manner as quarter ses. persons of free condition. (97)
sions. XCVIII. And whereas, this mode of trying slaves will materially interfere with the facilities granted to those parishes, which are com- Indictments in St. Thoponent parts of a precinct wherein special slave courts are now allow- mas' in the Vale and ed: Be it enacted, That in the parishes of St. Thomas' in the Vale St. John, preferred be and St. John, (part of the precinct of St. Catherine) indictmenis fore grand jury in St. against slaves shall be preferred before the grand jury, convened and Catherine. sworn at the court of quarter-sessions of the respective precincts, and the attendarce of all witnesses to support the charge before the grand jury, shall be secured as aforesaid, and when a true bill shall be returned against any slave or slaves, such trial shall be proceeded in a Trial to be at special special slave court, to be convened by the custos or senior magistrate slave court, convened of such parish, to meet at the place such court is at present held by by custos or senior malaw, and thereupon the custos or in his absence the senior magistrate gistrate, to meet where of the parish where such trial is to take place, shall and may trold now held. such special slave court at the place where parochial business is usual. ly transacted in such parish, and shall sign and issue a writ of venire Venire to issue. Twento the provost-marshal or his lawful deputy, for convening twenty- ty-four jurors to be four persons of the parish qualified to serve on juries, at the time and summoned. placa appointed by the writ of venire, to form a petty jury for the trial of slaves against whom bills of indictment have been found at the quarter-sessions, such trial to take place under the same regulations as are herein-before contained, as to trials of slaves in the courts of quar- Trial held as if in :er-sessions, and the provost-marshal, his deputy, and all persous un- quarter sessions. der recognizance, and the parsons so warned as jurors, for any breach of the duty hereby imposed, in regard to such special slave court, Like penalties on proshall suffer the like penalties under the like remedies as is done in re vost-marshal, deputy, gard to the quarter-session, and all proceedings of such special slave witnesses, jurors, &c. court shall be returned into the office of the clerk of the peace of the as on quarter-sessions. precinct, there to be recorded an: kept as part of the records of the Clerk of peace to keep said parish. Provided always, That if any slave or slaves shall have record. been detained in custody under comunitment for six calendar months, and no indiciment shall have been preferred against him, her, or them, Proviso, that slave af or person appearing to prosecute the complaint during that time, it ter six months, if no shail be the duty of the said justices of quarter-sessions so asso. indictment preferred ciated for the purpose of holding such court of quarter-sessions, to to be discharged by discharga such slave or slaves be proclamation, at the expiration of such quarter-sessions. six calendar mon:hs, from the time of the com.nitincat of such slave or
Proviso, on indictment slaves. And prorided always, That in any case upon an inagainst slave for mur. dictment against any slave or slaves, for murder, where malice preder, verdict may be pense shall not be proved to the satisfaction of the jurors, such jurors manslaughter. shall be, and they are hereby declared to be at liberty to return a verManslaughter punish- dict of manslaughter, if they shall think the nature of the case shall ed at court's discretion, require it, and the person or persons so found guilty of manslaaghter, not extending to life. shall suffer such punishment as the court shall think fit to infict, not
extending to life. (98) New clause,
XCIX. And whereas, The ends of justice are sometimes defeated
by the incapacity or gross neglect of their duties by the clerks of the Magistrates at quarter peace, Be it enacted by the authority aforesaid, That if a charge in sessions may dismiss writing of any misdemeanor, or gross neglect, or frequent neglect comor suspend clerk of the mitted by a clerk of the peace, or of his ignorance or incapacity to fill peace, for ignorance or such ofice, be exhibited against him to the quarter sessions, a majorimisconduct.
ty of the justices on open examination, and proof thereof there, may
discharge him from the office, or suspend him for such space of time May appoint in default as the justices shall think proper, and in default of appointment of anoof custos appointing an ther sufficient person, resident in the parish by the custos rotulorum, other clerk resident. to the office of such clerk of the peace before the next quarter sessions,
the justices at the said or any subsequent court, may appoint to the
office. (99) Noor clause.
C. And be it further enacted by the authority aforesaid, That Barristerorattorney to the custos, magistrates, and vestry in every parish of this island, are defend slaves capitally hereby empowered and required to employ a person who has been indicted.
regularly admitted as a barrister or attorney at law in the courts of To be paid salary or this island, to attend the trials of all slaves for capital offences in the Tees out of parochial quarter sessions or special slave courts, and to take the defence of funds.
such slaves, at such rate of salary or remuneration by fees as they may see fit, to be paid out of the parochial funds. (100)
CI. And be it further enacted by the authority aforesaid Free witnesses not at. That all witnesses, whether white or of free condition, legally warned, tending slave court to and who do not attend to give evidence at any trial under this act, or be fined.
show by affidavit a sufficient cause for his or her absence, shall be
liable to a fine of ten pounds. (101) Jurors &c. exempt CII. And be it further enacted by the authority aforesaid, from civil process, and That all jurors serving at any of the Courts herein mentioned, and so slaves in attendance every person or persons whose presence may be requisite at the exon slave court.
amiration of any slave or slaves, and who shall be required by warrant or summons, 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 person 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. (102) Records to be kept of
CII. And be it further enacted by the authority aforesaid, trials of slaves, in That a record shall be entered up of all proceedings on the trials of cases when subject to slaves for any crime that shall subject any slave or slaves to death, transportation, suffer death, transportation, or confinement to hard labour, in a book or hard labour. to be kept for that purpose by the clerk of the peace, or his lawful
deputy, of the parish or precinct, who is hereby obliged to attend all
such trials, and to record the proceedings within thirty days after such Fee paid clerk of trial, under the penalty of twenty pounds for each neglect, and he shall peace, therefore, and be entitled to receive from the churchwardens of such parish the sum attendance &c. £5. of five pounds, and no more, for attending each trial, entering up the
record, and all other bäsiness incidental thereto : And further, that the Deputy--marshal or deputy marshal for the said parish, or some proper person acting under person under him to him, shall, under the penalty of fifty pounds, warn the jarors, and attend trials of slave aitend the trials of all slaves, and also attend at the execution of such -execute sentence &c. offenders as shall be condemned to die, and that he shall be entitled to
receive from the churchwardens of the said parish for warning ju. urs 25 for such attendance and attending the trials of slaves at all courts the sum of five pounds &c.
for each court to be held under this act, and the further sum of five Further £5 if sen- pounds for attending the execution of each offender as shall be contence of death execut- demned to die. (103) ed.
CIV. And be il further enacted by the authority aforesaid,
That in case any slave or slaves shall give false evidence on any trial Perjury o. slaves puc had under this act, such slave or slaves being thereof convicted, shall nished as if by free suffer the same punishment as persons convicted of wilful and corrupt persons. perjury. (104)
cy. And be it further enacted by the authority aforesaid, Warrant against slave That in future whenever a warrant shall be granted by one or more not being executed, of his majesty's justices of the peace against any slave, if the said notice to be served on 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 the 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 should be afterwards proved that the owner, possessor, attorney, guardian, or overseer of such slave wilfully Penalty of £100 if he detained or concealed the said slave; he, she, or they shall forfeit the secrets such sla ve. sum of one hundred pounds. (105)
CVI. And be it further enacted by the authority aforesaid in all trials of slaves, That in all trials of any slave or slaves under this act, six days' 6 days notice to ownnotice of such trial shall be first given to the owner, proprietor, or
er &c. 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. (106)
cvit. And whereas, it may sometimes happen that the owner, pro- if owner resides int prietor, or possessor of a slave may
reside in a different parish or pre different parish from cinct from that wherein such slave may have committed the offence for which he or stie is to be tried : Be it therefore enacted, that in such where offence commitcases the clerk of the peace of the parish or precinct wherein the ted and tried, clerk of offence is to be tried shall transmit the notice of such trial to the peace to transmit noclerk of the peace of the parish or precinct wlterein the owner,
tice to clerk of peace proprietor, or possessor as
aforesaid inay reside, who shall where owner resides : forthwith thereupon under the penalty of twenty pounds deliver such who to give it to connotice and a copy thereof to one of the lawful constables of the sail stable under penalty. parish, to be by him under the penalty of ten pounds served on such owner, proprietor, or possessor, and the said constable is hereby re
Penalty on constable quired to make an affidavit of the manner in which he may have serv. not serving notice. ed the said notice, to be sworn to before any justice of the peace, and Constable to make oath shall retum such notice so sworn to, to the clerk of the peace from of service and return whom he received the same, to be by him transmitted to the clerk of to clerk of peace, who the peace of the parish or precinct where the
offence is to be tried, in to transmit to other due time: for which duty the clerk of the peace of the parish where the clerk of peace. warrant shall be served shall be paid the sum of one
pound six shil- Fees to clerk of peace lings and eight pence, and the constable the sum of one pound six and constable where shillings and eight pence, by the acting churchwarden of the said pa
warrant served rish. (107)
CVIII. And whereas sometimes happens that runaway slaves New clause. are apprehended in consequence of the commission of crimes, and in In cases of runaways, such cases it is frequently impossible to ascertain the owners or other owner may not be persons on whom notices of trial ought to be served, Be it therefore found ; enacted, that whenei er it shall so happen that the name of the owner cannot be discovered, a public notice shall be given for three weeks in Whenever owner canthe three county papers of the name and description of the slave, of the not be found, notice of nature of the offence, and of the day of trial, which shall be trial to be advertised. deemed to be sufficient notice of such trial. (108)
CIX. And be it further enacted by the authority aforesaid, Execution of death ta That in all cases where the punishment of death is inflicted, the execu- be solemn and public. tion shall be performed in a public part of the parish, and with dúo solemnity, and it shall be the duty of the rector or curate to prepare Rector or curate to at the criminal while under sentence, and to attend at the place of execu- tend criminal while tion, and care shall be taken by the gaoler or deputy marshal that the under senience, and a criminal is free from intoxication at the time of his trial, and from execution. thence to and at the time of his execution, under the penalty of twenty Gaoler to keep crimipounds, and the mode of such execution shall be hanging by the neck, nal sober on penalty. and no other, and the body shall be afterwards disposed of as the court Execution by hanging. shall direct. (109)
CX. And be it further enacted by the authority aforesaid, Value of slave to be That in all cases where any slave or slaves shall be put upon his, her, ascertained by jury on
sentence to death, trans. or their trial, and receive sentence of death or transportation, or going portation or hard la- mitment to hard labour for life, the court, at the time of trying such bour for life--to certi- slave or slaves, shall also inquire of the jury, upon their oaths, what ty amount—not above sum or sums of money the owner, proprietor, or possessor of the said 2100-or convicted as slave or slaves ought to receive for such slave or slaves, and certify runaway, £50. the same, so that such sum or sums of money do not exceed the sum of
one hundred pounds for each slave so sentenced as aforesaid, and if the conviction be for running away, the value to be set by the jury
shall not exceed fifty pounds. (110) Provost or deputy mar
CXI. And be ii j'urlker enacted by the authority aforesaid, shal, to execute sen
That in all cases where any slave or slayes shall be brought to trial, tence under penalty, if
and sentenced to death, and valued according to the directions of this death or transportation act, the provost marshal or his lawful deputy shall, under the penalty by warrant from go
of two hundred pounds, carry such sentence into execution, in oþedivernor : (except for re
ence to the warrant from the governor or person executing the funcbellion when to execute
tions of governor for the time being, or the warrant of the justices, in on warrant of death cases of conviction for rebellion or rebellious conspiracy; and in from justices).
case of sentence to transportation, shall, upon receiring a rarranc Council amendments. from the governor or person erercising the functions of governor To sell slaves for trans. for the time being for that purpose, forthwith sell such slave or slaves portation
for transportation to the best advantage in his power, and shall, under the penalty of two hundred pounds, within the space of one month from the time of such sale, render to the owner, proprietor, or possessor of such slave, or other person legally entitled to receive the same, a just and true account, upon oath, of the sale or sales of such slave or slaves, and of the legal charges attending the same, and pay over to such owner, proprietor, or possessor, or other person legally entitled to re
ceive the same, the proceeds of such sale or sales, after deducting all Render owner just ac- legal charges as aforesaid ; and if it shall happen that the charges due count on oath, of sale, to the provost marshal or his lawful deputy for confinement and subaud pay him nett pro- sis.ence of said slave or slaves shall amount to or exceed the amount of ceeds, if none to certify, the sales, the same shall be sworn to by the said provost inarshal or and receiver general to his lawful deputy, on the back of the certificate of valuation, in which pay.
case the receiver general shall pay the whole amount of such valuation. (111)
CXII. And be it further enacted by the authority aforesaid, If death or hard labor,
That in all cases where any slave or slaves shall be sentenced to death receiver general to pay
or confinement to hard labour for life, and be valued according to this owner : and so value of act, such slave or slaves shall be paid for by the receiver-general of transported slave, de- this island, out of any monies in his hands, upon production of a legal ducting proceeds of certificate of such sentence and valuation, but not otherwişe, and in all sale.
cases where any slave or slaves shall be sentenced to transportation, and valued in manner aforesaid, the receiver-genera! shall, in like manner, upon production of a like certificate, together with the account upon oath herein before directed to be made by the provost-marshal or his lawful deputy, but not otherwise, pay the amonnt of the valuation of such slave or slaves, after deducting the amount of such account. (112)
CXIII. And be it further enacted by tae authority aforesaid, Transportation slave That every slave whe, under the authority, and by virtue of the sold, to remain in gaol, act shall be sold for transportation by the provost-marshal or his till purchaser gives bond lawful deputy, shall notwithstanding such sale, remain in the custody with surety to transport of the said provoşt-marshal or his said deputy, 'ntil the purchaser of in 30 days, and contin such slave shall have entered into bond with sufficient security to onr ed in mean time in ves- Sovereign Lord the King, under the penalty of five hundred pounds for sel.
every such slave so purchased, that every such slave shall be trans
ported off this island within thirty days after the date of such bond, Bond taken by proyoșt and shall in the mean time be kept in close confinement on board the marshal or deputy:
ship or vessel in which such slave is intended to be transported, which Fee to that officer.
bond shall be taken hy the said provost-marshal or his lawful deputy
as aforesaid (for which the provost-marshal or his said deputy shall Bond to be recorded. receive from the party entering into the same all expences incidental
thereto) and bo' filed ariong the records in the price of llie clerk of
!!e peace of the parieh or prçrine! where such slavo was tried, (U13) Purchaser of conrirt CXIV. And be il further enacted by the authority aforisuid, to make oath, he will That every such furchaser of any save so directed to be sold for trang