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portation as aforesaid, shall at the time of executing such bond as aforo. transport to
CXV. And be it further enacted by the authority aforesaid, Provost, &c. not That the provost marshal or any of his deputies shall not under the deliver convict till penalty of three hundred ponnds for each offenre deliver over to any bond given, under popurchaser or purchasers any slave so sold for transportation as afore
nalty of £300. said until such bond is entered into, and oath taken as aforesaid, and in case any such slave so sold for transportation as aforesaid shall be Convict found in isfound within this island after the expiration of the thirty days before land after said 30 days, limited for his or her transportation, such slave shall become forfeited forfeited and to be reto the crown and be re-sold for transportation by the provost-marshal sold by provost, as or his law 'ul dopúty in the same manner and under the like penalties before ; and nett "proas are hereinbefore enacteit, and the nett proceeds of such re-sale ceeds paid receivershall be paid over to the receiver-general for the use of the public. general. (115)
CXVI. And be it further enacted by the authority aforesaid, Convict at any time afThat every slave sold for transportation under and by virtue of this ter sale, found in this act, who shall be found at large within this island at any time after island,' taken before such sale as is hereinbefore directed, may and shall be lawfully ap- justice, who to direct prehended by any person whomsoever, and immediately taken before provost, &c. by var. any of his Majesty's justices of the peace, and if it shall appear to the rant to re-sell. satisfaction of such justices that such slave has been formerly sold for transportation by virtue of this act, such justice shall, by warrant under his hand and scal direct such slave to be delivered to the provost-marshal or his lawful deputy, to be re-sold for transportation only, Proceeds, deducting 6 and the monies arising from sich sale, after deducting a commission of
per cent. and charges, five pounds per contum ant all necessary expences shall be paid to be paid in moieties over, one moiety thereof to the person apprehending such slave, to informer and receiv. and the other moiety to the rrceiver-general for the time being, for the er-general. support of the government of this island. (116)
CXVII. And be it further eructed by the authority aforesaid, Convicttransported for That if any negro or other slave who shali kave been transported from offence subjecting to this island under the directions of this act, or of any other act hereto- death, wilfully returnfore in force respecting slaves, for murder, rebellion, or any other ing from transportacrime which would have subjected him to the punishment of death, tion to suffer death on shall wilfully return from transportation, such negro or other slave conviction. shall, upon conviction, suffer death without benefit of clergy. (117)
CXVIII. And be it further enacted by the authorily aforesaid, Council amendments. That if the master of any ship or vessel, or any other person or per: Master of vessel or sons, shall knowingly and wilfully bring back to this island, or shall other person bringing be aiding and assisting in the bringing back, 0;' cause or procure to back transported conbe brought back to this island, any negro or other slave who shall have vict-penalty and im, been transported from this island under and by virtue of this act or any prisonment. other act heretofore in force respecting slaves, such master or person or persons being convicted thereof, hy bill, plaint, or information in the supreme court of judicature, or either of the courts of assize of this island, shall forfeit the sum of three hundred pounds for each slave so brought back : one moiety whereof shall be to our Sovereign Lord tho King, his heirs and successors, for and towards the support of the government of this island and the contingent charges thereof, and the other moiety to the party or parties at whose suit or complaint such person was convicted, and shall also suffer imprisonment at the discretion of the court for any space of time not less than three, nor exceed. ing twelve months, without bail or mainprize. (113)
CXIX. New clausc. CXIX. Whereas it is now dillicult to transport s'avas with effect, Convicts for transporBe it enacted by the aułkorily aforesald, That in future all slaves tation not sold in one senteneed to transportation trai ca not be sold within og montı, shall month to be commit. ba com nittel by warrant of any ju itice of the preto hard labour in ted by warrant of juna the workbogse till transpo.lation can be eficiel, all the receiver ge tice to hard labour id
wrokhoue till trans- peral shall pay such value to the owner as may have been fixed by the portation.
jury : Amirthereafter the provost marshal or his lawful deputy shall Receiver general to be able to effect the sale for transportation, he shall, under the penalty pay value to owner. of two hundred pounds, within the space of one month from the time Il provost afterwards of such sale, render to the receiver general a just and true account upon sells, to account to re- oath of the sale of the slave or slaves, and of the legal charges atceiver-general, under tending the same, and pay over to the receiver general the proceeds of penalty.
such sale or sales, after deducting all legal charges. (119)
CXX. And whereas instances have occurred of Ner clause.
victed slaves under confinement to hard labour in the workhouse Convicts sentenced for
for life, having conducted themselves in such an orderly and life to hard labour, the persons having charge over them, and to evince in every res
correct manner as to obtain the approbation and confidence of nor on representation pect a complete reformation of manners, and as it is expedient to of commissioners of hold out encouragement to convicts who have so conducted
themselves, work house may order
as well as to render them an example for imitation, to the end that a sale with convict's ap- desperate condition, Be it enacted by the authority aforesaid, Thathi
laudable excitement may prevail amongst persons in their otherwise probation.
shall and may be lawful for the governor, or person exercising the functions of governor for the timo being, upon the representation of the commissioners of the workhouse of the parish where any deserving convict shall be, that such convict has conducted himsell or herself, for a period of not less than three years, in such an orderly and correct manner as to obtain the approbation and confidence of the person having charge over him or her, and to evince in every respect a coinplete reformation of manners, to direct the workhouse-keeper, under his sign manual, to put the said convict up to public sale, and to sell and dispose of bim or her to the highest and best bidder, with the approbation of the said convict, and the title given upon the sale thereof shall be
as legal and effectual as any sales made under the workhouse law, and Nett proceeds paid re
the proceeds of the said sale, after deducting the charges thereof, ceiver-general.
shall be paid over to the receiver-general, to be applied in aid of the
island contingencies. (120) Slave sentenced
CXXI. And be it further enacted by the authority aforesaid,
That if any negro or other slave who may be sentenced to be confined workhouse for time, in the workhouse for any time shall escape from such confinement beescaping, sent back
fore the expiration of his or her sentence, such negro or other slave and whipped, not ex- being retaken, shall, on proof of his or her identity before three jusceeding 50 lashes.
tices of the peace, be adjudged by them to be sent back to confinement, to complet the terın for which he or she was sentenced to confinement, and to receive a whipping not exceeding fifty lashes. (121)
CXXII. And be it further enacted by the authority aforesaid, If sentenced to hard That if any negro or other slave who may be sentenced to be confined labour for life, escap-' to hard labour for life in any workhouse shall escape therefrom, every: ing, on proof before such negro or other slave being retaken, shall, on proof of his or her 3 justices to be recom- identity before three magistrates, be adjudged by them either to be remitted or transported, committed to his or her former punishnent, or to be transported off at discretion.
this island for life. (122)
CXXIII. And be it further chacted by the authority aforesaid, Escape permitted by That is the provost marshal or any of his lawful deputies, or any lawprovost, deputy, con- ful constable or workhouse-keeper shall wilfully or negligently suffer stable, or work house- any slave or slaves to escape, who shall be committed to his or their keeper, convicted be- custody for any offence under this act, such marshal, constable, or fore 3 magistrates and workhouse-keeper who shall suffer such escápe, shall, on conviction fined not exceeding thereof before three magistrates, forfeit a sum not exceeding fifty 450.
pounds, to be recovered in a summary manner by warrant under the hands and seals of the said three magisrates, for the use of the parish, and, without injury to the rights of the owner, to sue for the value of th- same. (123)
CXXIV. And be it further enacted by the authority aforesaid, Fees of deputy-mar. That when any slave or slaves shall be discharged by proclamation, shall, &c. for slaves, the deputy marshal or workhouse-keeper shall be entitled to receive all discharged by procla- such fees as shall be due for such slave or slaves, at the time of such ination, to be paid by discharge, from the public, upon application, and due proof, made in public.
the most solemn manner to the assem bly or any committee thereof, that
such slave or slaves, during the time they were in the custody of such deputy marshal or workhousekeeper, was or were found and provided with proper and sufficient provisions and necessary clothing, agreeably to this law. (121)
CXXV. And be it further enacted by the authority aforesaid, Gaol-keeper not to emThat no gaol-keeper in this island, or any person acting under him as ploy slave prisoners, clerk or deputy, shall, on any pretence whatsoever, work or employ but to remain in gaol any slave or slaves sent to his custody, nor hire or lend such slave or for inspection of any slaves to work for any other person or persons during the time such person under penalty slave or slaves shall be in his custody ; but that all such slaves of £60. shall be and remain in the common gaol of the county, parish, or precinct, in order to be inspected by any person or persons desiring the same: and in case any gaol-keeper shall offend herein, he shall for every offence forfeit a sum not exceeding fifty pounds. (125)
CXXVI. And whereas there are many inferior crimes and misdemeanours committed by slaves which ought to be punished in a summary manner before two magistrates, Be it therefore enacted by the authorily aforesaid, that all misdemeanours and inferior crimes committed by
Inferiori offences o any slave or slaves, including swearing, obscene language, drunken- slaves punished sumness, and indecent and noisy behaviour, shall be tried in a summary marily before iwo of manner before two or more justices of the peace of the parish or pre more justices. cinct where the offence shall be committed, reasonable notice of the time and place of such trial being given to the owner, proprietor, or Notice given to owner possessor of such slave or slaves, or his, her, or their attorney or attornies, or the person or persons having the care of such slave or slaves ; and the said justices of the peace shall, on conviction of such Punishment not to exslave or slaves, order and direct such punishment to be inflicted as ceed 39 lashes or 3 they shall think proper, not exceeding thirty-nine lashes, or three months hard labour. months imprisonment to hard labour. (126)
CXXVII. And be it further enacted, That the clerk of the peace, for attending such summary trial, and making out the order of the ma. Clerk of peace attendgistrates thereat, which he is hereby bound to do under the penalty of ing summary trial to fifty pounds, shall be entitled to receive from the churchwardens of the receive flo6s. 8d. parish the sum of one pound six shillings and eight pence, and the con- Constable 10s., from stable, for attending at the trial and at the execution of the order of churchwardens; ex the magistrates thereon, shall receive the sum of ten shillings, except cept Kingston, where in the city of Kingston, where the fees to the clerk of the peace shall clerk 189. 4d.--conbe thirteen shillings and four pence, and to the constable tive shillings, stable 5s. in consequence of the great number of such trials in that City. (127)
CXXVIII. And be it further enacted, by the authority aforesaid, Evidence of slaves adThat from and after the commencement of this aet, upon any com- mitted in certain cri. plaint made before a justice of the peace, of any murder, felony, bur- mingi rases. glary, robbery, rebellion or rebellious conspiracy, treason or traitorous conspiracy, rape, mutilation, branding, dismembering, or cruelly beating or confining without sucient support, a slave or slaves, or in any cases of seditious meetings, or of harbouring or concealing runaway slaves, or giving false tickets or letters to such runaway slaves, to enable them to elude detection, or on any inquisition before a coroner, the evidence of any slave or slaves, respecting such complaint or inquisition, shall be received and taken by smh justice of the peace or coroner, and on any prosecution in any of the courts of this Island for any of the crirnes before mentioned, the evidence of a slave or slaves shall also be admitted and received : Provided always, That before Proviso, that certifisuch evidence shall be received, a certificate of his or her baptism cate of baptism be shall be produced, and the justice of the peace, coroner, or court, produced, and tha shall be satisfied, on due examination had, that such slave com- slave understands obliprehends the nature and obligation of an oath : And provided gation of an oath. also, That nothing herein contained shall prevent the Court from receiving objections as to the competency of such witness, or from receiving evidence as to the credibility of such witness in like manner as they would receive the same as to white persons, and persons Proviso, that no o free condition : And provided also, That no white person or person person convicted but of free condition, shall be convicted of any of the crimes aforesaid, on on evidence of two the testimony of any slaves, unless two of the said slaves, at least, slaves, who to be exaclearly and consistently depose to the same fact or circumstance, such mined apart.
Proviso, that no free slaves being examined apart and out of the hearing of each other : person be convicted on and prorided also, Thai no white person or person of free condition, slave testimony unless shall be convicted on the testimony of any slave or slaves, of any crime complaint made with or offence, as aforesaid, unless the complaint shall have been mado in 12 months, and af- within twelve months after the commission thereof, and unless the crime ter 1st May, 1127. or offence shall have been committed subsequent to the commencement
of this Act. (128) New clause.
cxxix. And be it further enacted by the authority aforesaid, Justice or coroner ta- That every justice of the peace or coroner, who shall take the deposiking slave's examina- tion of any slave, shall certify as part of the jurat, That the deponent tion to certify in jurat, had been duly examined, and found to possess a ceinpetent knowledge that slave understands of the nature and obligations of an oath, and such justice of the peace the nature of an oath and ccroner, shall take from the person in possession of such slave, or -to take recognizance from some fit and proper person a recognizance, in a sum not exceeding for slave's production one hundred pounds, nor less than twenty pounds, conditioned for the to transmit deposi- production of such slave, as a witness in the court at which the intion and recognizance dictment is to be preferred or tried; and such justice or coroner shall to clk. crown.
forthwith transmit to the clerk of the crown such deposition and recog
nizance ; and in case the person in possession of such slave as aforeIf recog. of slave wit• said, shall refuse to give, or shall not produce such bail for the apness not given, or ow.
pearance of the slave as a witness, or tie person in possession of such ner the person accus- slave, shall be the party accused, or if under the circumstances of the ed, or cause to ap- case, the justice of the peace or coroner shall see cause to apprehend, prehend that witness that the witness may be withheld from giving his or her testimony, may be kept away, to then such justice of the peace or coroner, shall have the pow. commit witness to gaol er of securing the attendance of such slave as a witness, by a committo be kept and main. tal to gaol in the same manner as the attendance of a witness for the tained.
crown, who is unable to find bail for his appearance is now insured: and the marshal or keeper of such gaol shall allow to the said slave the sum of ope shilling and eight pence per diem, for his or her sup. port during confinement ; and such allowance shall be repaid to the
marshal or keeper of the gaol, in the same manner as the allowance to Il person in possession witnesses for the crown is now paid to him; and in case the party in pose of witness produces session of a slave, shall produce him or her as a witness at the court, him, to receive mile- where any indictment is preferred, or bad according to the condition of money and hire. a recognizance entered into, by or on the part of such person in posses
sion as aforesaid, such person in possession shall be entitled to receive mile money, at the rate of one shilling per mile for the first five miles, and six pence per mile for every mileafterwards, and a sum not exceeding three shillings and four pence per diem, for each and every day such slave shall have been absent from home for the purpose of attending at the court as a compensation for the loss of the labour of such slave: and the judges presiding at the trial upon application made to them in court after the trial,
are hereby authorised, if they shall deem it equitable and right, under Justices to grant cer- the circumstances of the case, to assess the amount of such mile money tificate, and receiver- and compensation, and to grant a certificate thereof under their signageneral to pay. ture, and such certificate after being approved of by the commission
ers of public accounts, shall be paid by the receiver-general to the
person or persons to whom such certificate shall be granted. (129) New clause.
CXXX. And in order to remove as much as possible, any temptation When slave is a wit- to commit perjury by those slaves who shall be required to giveevidence; ness, court cannot de. Be it enacted by the authority aforesaid. That the court shall not be clare other slave free. at liberty to exercise the power given by this act, for declaring any slave
free,and discharged from all manner of servitude, where the owner of such slave has been convicted of particular offences, if any slave shall have
been sworn upon the trial as a witness on the part of the prosecution. (130) New clause.
CXXXI. And be it further enacted by the authority aforesaid, Slave perjured punish. That if any slave shall commit wilful and corrupt perjury, in giving ed by hard labour, evidence upon any of the occasions hereinbefore mentioned, such slave pillory, whipping, or
shall be liable to be tried therefore, and upon conviction thereof, all.
shall be sentenced to hard labour in the workhouse, or to stand in the
pillory for such time as the court sha direct, or to whipping, or to all New clause.
or either of such punishments at the discretion of the court. (131) Slaves being witnesses CXXXII. And it is hereby enacted by the authority aforesaid, protected from levies That thc slaves whose attendance are required as witnesses, shall be
protected in their persons from all civil process whatsoever, in going to, attending at, and returning from such examinations or trials, as are hereinbefore mentioned, and that such slaves shall, during such time, not be liable to be levied on for debt or otherwise. (132)
CXXXIII. And whereas it may sometimes happen, That white per. Now clause. sons or persons of free condition, associate themselves in crime with Free persons associate slaves ; Be it therefore endcted, That if any white or free person or ed in crime with slaves persons, shall be found in the company of any slave or slaves, and aid
may be convicted on ing or assisting them in the commission of any crime or illegal offence, evidence of slave acor shall employ thein in such ofences, the testimony of such slaves complices, baptised or shall be received against such free person or persons, whether baptiz- not, except where life ed or not, except where the life of such white or free person or per. may be affected. sons shall be affected, and admitted in such manner as the testimony of accomplices in crime is received in courts of law. (133)
CXXXIV. And be it fürther enacted by the authority aforesaid, This law not to cease That the operation of this act, nor any part thereof, shall not be sus
in martial law. pended by martial law, any law, usage, or custom, to the contrary thereof in any wise not withstanding. (131)
CXXXV. And be it further enacted by the authority aforesaid, that all penalties in this act mentioned, and not already declared how Penalties not already they shall be recovered and applied, shall, if not exceeding tifty declared how recoverpounds, be recovered in a summary manner, before any two of his Ma. able, if not exceeding jesty's justices of the peace, by distress and sale of the offender's 501. before two jus goods and chattles, and it amounting to or exceeding fifty pounds, to tices—if more to be be recovered in the supreme court of judicature, or in either of the sued in superior courts, courts of assize by actiốn of debt, bill; plaint; or information, where one moiety to informer in no essoin, protection, or wager of law, or nón válı ulterius presequi and the other tochurchshall be entered ; one moiety of which penalties shall be paid to the wardens for poor. churchwardens for the use of the parish, where the offence shall be Provided, that all pecommitted, and the other moiety to the informer, or him, her, or them, nalties be sued for 12 who shall sue for tủe same ; Provided always, That all proceedings months after crimo for the recovery of penalties under this act shall be instituted within
committed. twelve months after the offence be committed. (135)
CXXXVI. And be it further enacted by the authority aforesaid, That all offences committed during the time, the act entitled “An act for offences committed the subsistance, clothing and the better regulation and government under late consolidated of slaves, for enlarging the powers of the council of protection, for slave law, and other preventing lhe improper transfer of slaves, and for other purposes' repealed acts, to be passed in the year 1916, and all other acts, by this act repealed, were punished by said acts, in force, shall be punished in the manner directed by the said acts, but but tried in manner dishall be heard, tried, and determined in the form prescribed by this rected by this. Pe. act. And it shall be lawful to recover and apply all penalties incurred nalties applied as dithereunder, as fully and effectually as if the said acts were still in force rected in repealed acts. änd unrepealed. (136)
CXXXVII. And bé it further enacted by the authority aforesaid, Duration of this law That this act shall commence, continue, and be in force from the first from Ist May, 1827, duy of May next, until the first day of May, 1830. (137)
to Ist May, 1830.
DAVID FINLAYSON, Speaker.
W. BULLOCK, Cler. Cor.