or breaking into such houses, out-houses,stores or negro houses, in the day time, no person being therein, and stealing thereout, rebellion, rebellious Conspiracies, or any other offence whatsoever committed by any slave or 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 shall be committed, as part of the business of such court, and by indictment before the grand and petit juries of such court, as indictable offences are now conducted at such courts against white persons and persons of free condition, but first disposing of such business of the court as 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 can give evidence, who being brought before him, or any other justice of the peace, if, upon examination it appears probable that the slave or slaves apprehended is or are guilty, shall commit the offender or offenders to gaol for trial at the next court ofq uarter sessions or special slave court, and secure the attendance there of the witnesses by recognizance or committal to gaol, as public justice may require; and in all cases the evidence of slaves shall be admitted against 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 any parish where the court of quarter sessions is now usually holden, such slave or slaves shall have the indictment or charge distinctly read to him, her, or them in open court, which indictment or charge shall be deemed valid if sufficient in substance, and shall not be quashed for defect in form, and thereupon the plea shall be taken 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 and accustomed at the quarter sessions on the trial of indictments against white persons and persons of free condition; and if a petit jury be already formed for any preceding business of the court, it shall be lawful to proceed to try the indictment against such slave or slaves, upon calling over the names of the jurors, and causing them to be sworn to try all and every such slave or slaves as shall be brought before them, and a true verdict give according to evidence, as in other cases, reserving to the crown and to the prisoner the power of challenging any of the said jurors, upon assigning cause, to be approved of by the court; and provided, that no owner or proprietor of any prisoner, or the attorney, guardian, trustee, overseer, or bookkeeper of such owner or proprietor, or the person prosecuting, his or her attor ney, guardian, trustee, overseer, or bookkeeper, shall be allowed to sit as a juror upon the trial of such prisoner, and the place of such jurors as shall be set 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 such trial shall take place, and the same jury shall serve for every case, under the preceding regulations, at the same court, unless the court shall see, or the jury of themselves declare, that the circumstances of 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, upon hearing the evidence, unanimously find the slave or slaves guilty 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 whipping, or such other punishment as the court shall think proper, according to the nature of the offence: Provided always, That no sentence of death or transportation, pronounced on any slave or slaves, shall be carried into effect unless by warrant under the hand and seal of the governor. or the person exercising the functions of governor, who is hereby authorised to issue such warran', and before whom shall be previously laid the charge or indictment, the evidence taken down at the trial, and the sen tence of the court, or a true copy thereof, attested by the justice presiding at the trial, or in case of his death or absence of one of the other justices constituting the court, except when sentence of death shall be passed upon any slave or slaves convicted of rebellion or rebellious conspiracy, in which case the court shall and may proceed to pass sentence and carry the same into execution as heretofore, at such time and place as public expedience may require, or if no pressing occasion arise, 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 convictions: Provided always, That if it shall be necessary or expedient for the furtherance of justice and the safety of the public, to hold any court before the stated court of quarter-sessions, it shall be lawful to convene a special slave court, and the custos or senior magistrate of the parish or precinct, shall issue a special writ of venire, directed to the provost-marshal-general or his lawful deputy, to summon and warn forty-eight persons, such as are usually warned and impannelled to serve on juries for the parish or precinct, personally to be 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, and when and where the said special slave court shall proceed in like manner, in all respects, as is the usual custom and practice at a general court of quarter-sessions of the peace, for indictable offences against persons of free condition. (97) XCVIII. And whereas, this mode of trying slaves will materially interfere with the facilities granted to those parishes, which are component parts of a precinct wherein special slave courts are now allowed: Be it enacted, That in the parishes of St. Thomas' in the Vale and St. John, (part of the precinct of St. Catherine) indictments against slaves shall be preferred before the grand jury, convened and sworn at the court of quarter-sessions of the respective precincts, and the attendance 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 special slave court, to be convened by the custos or senior magistrate of such parish, to meet at the place such court is at present held by law, and thereupon the custos or in his absence the senior magistrate of the parish where such trial is to take place, shall and may hold such special slave court at the place where parochial business is usually transacted in such parish, and shall sign and issue a writ of venire to the provost-marshal or his lawful deputy, for convening twentyfour persons of the parish qualified to serve on juries, at the time and place 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 quarter-sessions, and the provost-marshal, his deputy, and all persons under recognizance, and the persons so warned as jurors, for any breach of the duty hereby imposed, in regard to such special slave court, shall suffer the like penalties under the like remedies as if done in regard to the quarter-session, and all proceedings of such special slave court shall be returned into the office of the clerk of the peace of the precinct, there to be recorded and kept as part of the records of the said parish. Provided always, That if any slave or slaves shall have been detained in custody under commitment for six calendar months, and no indictment shall have been preferred against him, her, or them, or person appearing to prosecute the complaint during that time, it shall be the duty of the said justices of quarter-sessions so associated for the purpose of holding such court of quarter-sessions, to discharge such slave or slaves by proclamation, at the expiration of such six calendar months, from the time of the commitment of such slave or evidences & entenee, orcopy 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 venire to provost--marshal, who to warn forty-eight jurors. Penalty of £5 on juror not attending. Court to proceed in liko manner as quarter sessions. Indictments in St. Thomas' in the Vale and St. John, preferred be fore grand jury in St. Catherine. Trial to be at special ́ slave court, convened by custos or senior magistrate, to meet where now held. Venire to issue. Twenty-four jurors to be summoned. Trial held as if in quarter sessions. Like penalties on provost-marshal, deputy, witnesses, jurors, &c. as on quarter-sessions. Clerk of peace to keep record. Proviso, that slave after six months, if no indictment preferred, to be discharged by quarter-sessions. Proviso, on indictment against slave for murder, verdict may be manslaughter. Manslaughter punished at court's discretion, not extending to life. New clause. Magistrates at quarter sessions may dismiss or suspend clerk of the peace, for ignorance or misconduct. May appoint in default of custos appointing an other clerk resident. New clause. Barrister or attorney to defend slaves capitally indicted. To be paid salary or fees out of parochial funds. Free witnesses not attending slave court to be fined. Jurors &c. exempt from civil process, and so slaves in attendance on slave court. Records to be kept of trials of slaves, in cases when subject to death, transportation, or hard labour. slaves. And provided always, That in any case upon an indictment against any slave or slaves, for murder, where malice prepense shall not be proved to the satisfaction of the jurors, such jurors shall be, and they are hereby declared to be at liberty to return a verdict of manslaughter, if they shall think the nature of the case shall require it, and the person or persons so found guilty of manslaughter, shall suffer such punishment as the court shall think fit to inflict, not extending to life." (98) XCIX. And whereas, The ends of justice are sometimes defeated by the incapacity or gross neglect of their duties by the clerks of the peace, Be it enacted by the authority aforesaid, That if a charge in writing of any misdemeanor, or gross neglect, or frequent neglect committed by a clerk of the peace, or of his ignorance or incapacity to fill such office, be exhibited against him to the quarter sessions, a majority of the justices on open examination, and proof thereof there, may discharge him from the office, or suspend him for such space of time as the justices shall think proper, and in default of appointment of another sufficient person, resident in the parish by the custos rotulorum, 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) C. And be it further enacted by the authority aforesaid, That the custos, magistrates, and vestry in every parish of this island, are hereby empowered and required to employ a person who has been regularly admitted as a barrister or attorney at law in the courts of this island, to attend the trials of all slaves for capital offences in the quarter sessions or special slave courts, and to take the defence of 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. That all witnesses, whether white or of free condition, legally warned, And be it further enacted by the authority aforesaid and who do not attend to give evidence at any trial under this act, or show by affidavit a sufficient cause for his or her absence, shall be liable to a fine of ten pounds. (101) CII. And be it further enacted by the authority aforesaid, That all jurors serving at any of the Courts herein mentioned, and every person or persons whose presence may be requisite at the examination 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) CIII. And be it further enacted by the authority aforesaid, That a record shall be entered up of all proceedings on the trials of slaves for any crime that shall subject any slave or slaves to suffer death, transportation, or confinement to hard labour, in a book 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 trial, under the penalty of twenty pounds for each neglect, and he shall be entitled to receive from the churchwardens of such parish the sum of five pounds, and no more, for attending each trial, entering up the record, and all other business incidental thereto: And further, that the deputy marsha! for the said parish, or some proper person acting under him, shall, under the penalty of fifty pounds, warn the jurors, and attend the trials of all slaves, and also attend at the execution of such offenders as shall be condemned to die, and that he shall be entitled to receive from the churchwardens of the said parish for warning jurors and attending the trials of slaves at all courts the sum of five pounds for each court to be held under this act, and the further sum of five pounds for attending the execution of each offender as shall be condemned to die. (103) CIV. And be it further enacted by the authority aforesaid, That in case any slave or slaves shall give false evidence on any trial had under this act, such slave or slaves being thereof convicted, shall suffer the same punishment as persons convicted of wilful and corrupt perjury. (104) Perjury o slaves punished as if by free persons. Warrant against slave not being executed, notice to be served on Owner CV. And be it further enacted by the authority aforesaid, That in future whenever a warrant shall be granted by one or more of his majesty's justices of the peace against any slave, if the said slave cannot be immediately taken on the said warrant, the owner, possessor, attorney, guardian, or overseer of such slave shall be served with a copy of 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 sum of one hundred pounds. (105) CVI. And be it further enacted by the authority aforesaid That in all trials of any slave or slaves under this act, six days' notice of such trial shall be first given to the owner, proprietor, or possessor of such slave or slaves, his, her, or their lawful attorney or attornies, or other representative or representatives, any law, custom, or usage to the contrary notwithstanding. (106) CVII. And whereas, it may sometimes happen that the owner, pro prietor, or possessor of a slave may reside in a different parish or precinct from that wherein such slave may have committed the offence for which he or she is to be tried: Be it therefore enacted, that in such cases the clerk of the peace of the parish or precinct wherein the offence is to be tried shall transmit the notice of such trial to the clerk of the peace of the parish or precinct wherein the owner, proprietor, or possessor as aforesaid may reside, who shall forthwith thereupon under the penalty of twenty pounds deliver such notice and a copy thereof to one of the lawful constables of the sai! parish, to be by him under the penalty of ten pounds served on such owner, proprietor, or possessor, and the said constable is hereby required to make an affidavit of the manner in which he may have serv ed the said notice, to be sworn to before any justice of the peace, and shall return such notice so sworn to, to the clerk of the peace from whom he received the same, to be by him transmitted to the clerk of the peace of the parish or precinct where the offence is to be tried, in due time: for which duty the clerk of the peace of the parish where the warrant shall be served shall be paid the sum of one pound six shillings and eight pence, and the constable the sum of one pound six shillings and eight pence, by the acting churchwarden of the said parish. (107) CVIII. And whereas it sometimes happens that runaway slaves are apprehended in consequence of the commission of crimes, and in such cases it is frequently impossible to ascertain the owners or other persons on whom notices of trial ought to be served, Be it therefore enacted, that whenever it shall so happen that the name of the owner cannot be discovered, a public notice shall be given for three weeks in the three county papers of the name and description of the slave, of the nature of the offence, and of the day of trial, which shall be deemed to be sufficient notice of such trial. (108) CIX. And be it further enacted by the authority aforesaid, That in all cases where the punishment of death is inflicted, the execution shall be performed in a public part of the parish, and with due solemnity, and it shall be the duty of the rector or curate to prepare the criminal while under sentence, and to attend at the place of execu tion, and care shall be taken by the gaoler or deputy marshal that the criminal is free from intoxication at the time of his trial, and from thence to and at the time of his execution, under the penalty of twenty pounds, and the mode of such execution shall be hanging by the neck, and no other, and the body shall be afterwards disposed of as the court shall direct. (109) CX. And be it further enacted by the authority aforesaid, That in all cases where any slave or slaves shall be put upon his, her, C secrets such slave. In all trials of slaves, 6 days notice to own er &c. If owner resides in different parish from where offence committed and tried, clerk of peace to transmit nowhere owner resides: tice to clerk of peace who to give it to constable under penalty. Penalty on constable not serving notice. Constable to make oath of service and return to clerk of peace, who to transmit to other clerk of peace. Fees to clerk of peace and constable where warrant served New clause. In cases of runaways, owner found; may not be Whenever owner cannot be found, notice of trial to be advertised. Execution of death to be solemn and public. Rector or curate to at tend criminal while under sentence, and a execution. Gaoler to keep criminal sober on penalty. Execution by hanging. Value of slave to be ascertained by jury on sentence to death, transportation or hard labour for life--to certify amount-not above 100-or convicted as runaway, £50. 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). Council amendments. To sell slaves for transportation. Render owner just account on oath, of sale, and pay him nett proceeds, if none to certify, and receiver general to pay. If death or hard labor, receiver general to pay owner: and so value of transported slave, deducting proceeds of sale. Transportation slave sold, to remain in gaol, till purchaser gives bond with surety to transport in 30 days, and confined in mean time in vessel. Bond taken by provost Purchaser of convict to make oath, he will or their trial, and receive sentence of death or transportation, or gom, mitment to hard labour for life, the court, at the time of trying such slave or slaves, shall also inquire of the jury, upon their oaths, what sum or sums of money the owner, proprietor, or possessor of the said slave or slaves ought to receive for such slave or slaves, and certify the same, so that such sum or sums of money do not exceed the sum of 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) CXI. And be it further enacted by the authority aforesaid, That in all cases where any slave or slaves shall be brought to trial, and sentenced to death, and valued according to the directions of this of two hundred pounds, carry such sentence into execution, in obediact, the provost marshal or his lawful deputy shall, under the penalty ence to the warrant from the governor or person executing the functions of governor for the time being, or the warrant of the justices, in cases of conviction for rebellion or rebellious conspiracy; and in case of sentence to transportation, shall, upon receiving a warrant from the governor or person exercising the functions of governor for the time being for that purpose, forthwith sell such slave or slaves 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 receive the same, the proceeds of such sale or sales, after deducting all legal charges as aforesaid; and if it shall happen that the charges due to the provost marshal or his lawful deputy for confinement and subsis.ence of said slave or slaves shall amount to or exceed the amount of the sales, the same shall be sworn to by the said provost marshal or his lawful deputy, on the back of the certificate of valuation, in which case the receiver general shall pay the whole amount of such valuation. (111) CXII. And be it further enacted by the authority aforesaid, That in all cases where any slave or slaves shall be sentenced to death or confinement to hard labour for life, and be valued according to this act, such slave or slaves shall be paid for by the receiver-general of this island, out of any monies in his hands, upon production of a legal certificate of such sentence and valuation, but not otherwise, and in all cases where any slave or slaves shall be sentenced to transportation, and valued in manner aforesaid, the receiver-general shall, in like manner, upon production of a like certificate, together with the account upon oath hereinbefore directed to be made by the provost-marshal or his lawful deputy, but not otherwise, pay the amount of the valuation of such slave or slaves, after deducting the amount of such account. (112) CXIII. And be it further enacted by the authority aforesaid, That every slave whe, under the authority, and by virtue of th act shall be sold for transportation by the provost-marshal or his lawful deputy, shall notwithstanding such sale, remain in the custody of the said provost-marshal or his said deputy, until the purchaser of such slave shall have entered into bond with sufficient security to our Sovereign Lord the King, under the penalty of five hundred pounds for every such slave so purchased, that every such slave shall be transported off this island within thirty days after the date of such bond, and shall in the mean time be kept in close confinement on board the ship or vessel in which such slave is intended to be transported, which bond shall be taken by the said provost-marshal or his lawful deputy as aforesaid (for which the provost-inarshal or his said deputy shall receive from the party entering into the same all expences incidental thereto) and be filed arong he records in the Coffee' of the clerk of the peace of the parish or precine! where such slave was tried, (113) CXIV. And be it further enacted by the authority aforesaid, That every such purchaser of any slave so directed to be sold for irang |
