portation as aforesaid, shall at the time of executing such bond as afore- transport to (death or dangers of the sea excepted), and that the said slave so CXV. And be it further enacted by the authority aforesaid, That the provost marshal or any of his deputies shall not under the penalty of three hundred pounds for each offence deliver over to any purchaser or purchasers any slave so sold for transportation as aforesaid 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 found within this island after the expiration of the thirty days before limited for his or her transportation, such slave shall become forfeited to the crown and be re-sold for transportation by the provost-marshal or his law "ul deputy in the same manner and under the like penalties as are hereinbefore enacted, and the nett proceeds of such re-sale shall be paid over to the receiver-general for the use of the public. (115) CXVI. And be it further enacted by the authority aforesaid, That every slave sold for transportation under and by virtue of this act, who shall be found at large within this island at any time after such sale as is herein before directed, may and shall be lawfully apprehended by any person whomsoever, and immediately taken before any of his Majesty's justices of the peace, and if it shall appear to the 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 seal direct such slave to be delivered to the provost-marshal or his lawful deputy, to be re-sold for transportation only, and the monies arising from such sale, after deducting a commission of five pounds per centum and all necessary expences shall be paid over, one moiety thereof to the person apprehending such slave, and the other moiety to the receiver-general for the time being, for the support of the government of this island. (116) CXVII. And be it further enacted by the authority aforesaid, That if any negro or other slave who shali have been transported from this island under the directions of this act, or of any other act heretofore in force respecting slaves, for murder, rebellion, or any other crime which would have subjected him to the punishment of death, shall wilfully return from transportation, such negro or other slave shall, upon conviction, suffer death without benefit of clergy. (117) CXVIII. And be it further enacted by the authority aforesaid, That if the master of any ship or vessel, or any other person or persons, shall knowingly and wilfully bring back to this island, or shall be aiding and assisting in the bringing back, or cause or procure to be brought back to this island, any negro or other slave who shall have been transported from this island under and by virtue of this act or any other act heretofore in force respecting slaves, such master or person or persons being convicted thereof, by 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. Whereas it is now difficult to transport s'eves with effect, Be it enacted by the authority aforesaid, That in future all slaves sentenced to transportation that ca mot be sold within one month, shall be committed by warrant of any justice of the price to hard labour in the workhouse till transpo.tation can be efected, and the receiver ge Provost, &c. not to deliver convict till bond given, under penalty of £800. Convict found in island after said 30 days, forfeited and to be resold by provost, as before; and nett proceeds paid receivergeneral. Convict at any time after sale, found in this island, taken before justice, who to direct provost, &c. by warrant to re-sell. Proceeds, deducting 5 per cent. and charges, to be paid in moieties to informer and receiver-general, Convict transported for offence subjecting to death, wilfully returning from transportation to suffer death on conviction. Council amendments. Master of vessel or other person bringing back transported convict-penalty and im prisonment. CXIX. New clause. Convicts for transportation not sold in one month to be committed by warrant of justice to hard labour i wrokhoue till trans- Receiver general to New clause. Convicts sentenced for life to hard labour, behaving well: governor on representation of commissioners of workhouse may order sale with convict's approbation. neral shall pay such value to the owner as may have been fixed by the jury: And if thereafter the provost marshal or his lawful deputy shall be able to effect the sale for transportation, he shall, under the penalty of two hundred pounds, within the space of one month from the time of such sale, render to the receiver general a just and true account upen oath of the sale of the slave or slaves, and of the legal charges attending the same, and pay over to the receiver general the proceeds of such sale or sales, after deducting all legal charges. (119) CXX. And whereas instances have occurred of convicted slaves under confinement to hard labour in the workhouse for life, having conducted themselves in such an orderly and correct manner as to obtain the approbation and confidence of the persons having charge over them, and to evince in every respect a complete reformation of manners, and as it is expedient to hold out encouragement to convicts who have so conducted themselves, as well as to render them an example for imitation, to the end that a Jaudable excitement may prevail amongst persons in their otherwise desperate condition, Be it enacted by the authority aforesaid, That it shall and may be lawful for the governor, or person exercising the functions of governor for the time being, upon the representation of the commissioners of the workhouse of the parish where any deserving convict shall be, that such convict has conducted himself 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 complete 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 him 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 the proceeds of the said sale, after deducting the charges thereof, Nett proceeds paid re- shall be paid over to the receiver-general, to be applied in aid of the ceiver-general. island contingencies. (120) Slave sentenced to 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 complete the term for which he or she was sentenced to confinement, and to receive a whipping not exceeding fifty lashes. (121) If sentenced to hard CXXII. And be it further enacted by the authority aforesaid, 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 punishment, or to be transported off at discretion. this island for life. (122) CXXIII. And be it further enacted by the authority aforesaid, Escape permitted by That if 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 workhouse- 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 escape, shall, on conviction fined not exceeding thereof before three magistrates, forfeit a sum not exceeding fifty £50. 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) Fees of deputy-marshall, &c. for slaves, discharged by proclamation, to be paid by public. CXXIV. And be it further enacted by the authority aforesaid, That when any slave or slaves shall be discharged by proclamation, the deputy marshal or workhouse-keeper shall be entitled to receive all such fees as shall be due for such slave or slaves, at the time of such discharge, from the public, upon application, and due proof, made in 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. (124) CXXV. And be it further enacted by the authority aforesaid, That no gaol-keeper in this island, or any person acting under him as clerk or deputy, shall, on any pretence whatsoever, work or employ any slave or slaves sent to his custody, nor hire or lend such slave or slaves to work for any other person or persons during the time such slave or slaves shall be in his custody; but that all such slaves 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 authority aforesaid, that all misdemeanours and inferior crimes committed by any slave or slaves, including swearing, obscene language, drunkenness, and indecent and noisy behaviour, shall be tried in a summary manner before two or more justices of the peace of the parish or precinct where the offence shall be committed, reasonable notice of the time and place of such trial being given to the owner, proprietor, or 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 slave or slaves, order and direct such punishment to be inflicted as they shall think proper, not exceeding thirty-nine lashes, or three months imprisonment to hard labour. (126) Clerk of peace attending summary trial to receive 16s. Sd.Constable 10s., from churchwardens; ex cept Kingston, where clerk 18s. 4d.-constable 5s. Evidence of slaves admitted in certain criminal cases. CXXVII. And be it further enacted, That the clerk of the peace, for attending such summary trial, and making out the order of the magistrates thereat, which he is hereby bound to do under the penalty of fifty pounds, shall be entitled to receive from the churchwardens of the parish the sum of one pound six shillings and eight pence, and the constable, for attending at the trial and at the execution of the order of the magistrates thereon, shall receive the sum of ten shillings, except in the city of Kingston, where the fees to the clerk of the peace shall be thirteen shillings and four pence, and to the constable five shillings, in consequence of the great number of such trials in that City. (127) CXXVIII. And be it further enacted, by the authority aforesaid, That from and after the commencement of this act, upon any complaint made before a justice of the peace, of any murder, felony, burglary, robbery, rebellion or rebellious conspiracy, treason or traitorous conspiracy, rape, mutilation, branding, dismembering, or cruelly beating or confining without sufficient 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 such justice of the peace or coroner, and on any prosecution in any of the courts of this Island for any of the crimes 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 o free condition: And provided also, That no white person or person of free condition, shall be convicted of any of the crimes aforesaid, on the testimony of any slaves, unless two of the said slaves, at least, clearly and consistently depose to the same fact or circumstance, such Proviso, that no person convicted but on evidence of two slaves, who to be examined apart. slaves being examined apart and out of the hearing of each other: And provided also, That no white person or person of free condition, shall be convicted on the testimony of any slave or slaves, of any crime or offence, as aforesaid, unless the complaint shall have been made within twelve months after the commission thereof, and unless the crime or offence shall have been committed subsequent to the commencement of this Act. (128) CXXIX. And be it further enacted by the authority aforesaid, That every justice of the peace or coroner, who shall take the deposition of any slave, shall certify as part of the jurat, That the deponent had been duly examined, and found to possess a competent knowledge of the nature and obligations of an oath, and such justice of the peace and coroner, shall take from the person in possession of such slave, or from some fit and proper person a recognizance, in a sura not exceeding ene hundred pounds, nor less than twenty pounds, conditioned for the production of such slave, as a witness in the court at which the indictment is to be preferred or tried; and such justice or coroner shall forthwith transmit to the clerk of the crown such deposition and recognizance; and in case the person in possession of such slave as aforesaid, shall refuse to give, or shall not produce such bail for the appearance of the slave as a witness, or the person in possession of such slave, shall be the party accused, or if under the circumstances of the case, the justice of the peace or coroner shall see cause to apprehend, that the witness may be withheld from giving his or her testimony, then such justice of the peace or coroner, shall have the power of securing the attendance of such slave as a witness, by a committal to gaol in the same manner as the attendance of a witness for the 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 one shilling and eight pence per diem, for his or her support during confinement; and such allowance shall be repaid to the marshal or keeper of the gaol, in the same manner as the allowance to witnesses for the crown is now paid to him; and in case the party in possession of a slave, shall produce him or her as a witness at the court, where any indictment is preferred, or had according to the condition of a recognizance entered into, by or on the part of such person in possession 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 mile afterwards, 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 the circumstances of the case, to assess the amount of such mile money and compensation, and to grant a certificate thereof under their signature, and such certificate after being approved of by the commissioners of public accounts, shall be paid by the receiver-general to the person or persons to whom such certificate shall be granted. (129) CXXX. And in order to remove as much as possible, any temptation to commit perjury by those slaves who shall be required to give evidence; Be it enacted by the authority aforesaid, That the court shall not be 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) CXXXI. And be it further enacted by the authority aforesaid, That if any slave shall commit wilful and corrupt perjury, in giving evidence upon any of the occasions hereinbefore mentioned, such slave shall be liable to be tried therefore, and upon conviction thereof, shall be sentenced to hard labour in the workhouse, or to stand in the pillory for such time as the court shall direct, or to whipping, or to all or either of such punishments at the discretion of the court. (131) CXXXII. And it is hereby enacted by the authority aforesaid, That the slaves whose attendance are required as witnesses, shall be New clause. Free persons associat ed in crime with slaves may be convicted on evidence of slave accomplices, baptised or not, except where life may be affected. 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 persons or persons of free condition, associate themselves in crime with slaves; Be it therefore enacted, That if any white or free person or persons, shall be found in the company of any slave or slaves, and aiding or assisting them in the commission of any crime or illegal offence, or shall employ them in such offences, the testimony of such slaves shall be received against such free person or persons, whether baptiz ed or not, except where the life of such white or free person or persons shall be affected, and admitted in such manner as the testimony of accomplices in crime is received in courts of law. (138) CXXXIV. And be it further enacted by the authority aforesaid, This law not to cease That the operation of this act, nor any part thereof, shall not be suspended by martial law, any law, usage, or custom, to the contrary thereof in any wise not withstanding. (134) CXXXV. And be it further enacted by the authority aforesaid, that all penalties in this act mentioned, and not already declared how they shall be recovered and applied, shall, if not exceeding fifty pounds, be recovered in a summary manner, before any two of his Majesty's justices of the peace, by distress and sale of the offender's goods and chattles, and if amounting to or exceeding fifty pounds, to be recovered in the supreme court of judicature, or in either of the courts of assize by action of debt, bill, plaint, or information, wherein no essoin, protection, or wager of law, or non vull ulterius presequi shall be entered; one moiety of which penalties shall be paid to the churchwardens for the use of the parish, where the offence shall be committed, and the other moiety to the informer, or him, her, or them, who shall sue for the same; Provided always, That all proceedings for the recovery of penalties under this act shall be instituted within 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 the subsistance, clothing and the better regulation and government of slaves, for enlarging the powers of the council of protection, for preventing the improper transfer of slaves, and for other purposes" passed in the year 1816, and all other acts, by this act repealed, were in force, shall be punished in the manner directed by the said acts, but shall be heard, tried, and determined in the form prescribed by this act. And it shall be lawful to recover and apply all penalties incurred, thereunder, as fully and effectually as if the said acts were still in force and unrepealed. (136) CXXXVII. And be it further enacted by the authority aforesaid, That this act shall commence, continue, and be in force from the first day of May next, until the first day of May, 1830. (137) Passed the Assembly this 7th day of December, 1826. I consent, this 22nd day of December, 1823. MANCHESTER. in martial law. Penalties not already declared how recoverable, if not exceeding 501. before two justices-if more to be sued in superior courts, one moiety to informer and the other tochurchwardens for poor. Provided, that all penalties be sued for 12 months after committed. Offences crime committed under late consolidated slave law, and other repealed acts, to be punished by said acts, but tried in manner directed by this. Penalties applied as directed in repealed acts. Duration of this law from 1st May, 1827, to Ist May, 1830. VERA COPIA. EXTUR |