such slaves reside, shall have power and authority to impose a penalty not exceeding fifty pounds, to 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 chattels. (14) XV. And whereas by the usage of this island slaves have always been permitted to possess personal property, and it is expedient that such laudable custom should be established by law; Be it therefore enacted by the authority aforesaid, That if any owner, possessor, or any other person whatsoever, shall wilfully and unlawfully take away from any slave or slaves, or in any way deprive or cause any slave or slaves to be deprived of any species of personal property by him, her, or them lawfully possessed, such person or persons shall forfeit and pay the sum of ten pounds over and above the value of such property so taken away as aforesaid, the same to be recovered under the hands and seals of any three justices of the peace before whom the complaint shall be laid and the facts proved: Provided nevertheless, That nothing in this Act shall be construed or deemed to authorise any trespass or to allow any slave or slaves to turn loose or keep on his owners or other persons property, any horses, mares, mules, asses, cattle, sheep, hogs, or goats, without the consent of his owner, or person in possession of such lands being first had and obtained. (15) XVI. Whereas it is expedient that the owners of slaves or other persons, should have it in their power to reward the fidelity of slaves, or to make them a bequest, as a reward for their services or good conduct: Be it therefore enacted by the authority aforesaid, That any pecuniary bequest or legacy of a chattle to a slave, shall be deemed and considered to be a valid and legal bequest or legacy, and the executor or executors, or other representative of the testator, shall be authorized to pay the amount of such legacy, or to deliver such chattle to such slave, Provided always, That nothing herein contained shall be deemed to authorize the institution of any action or suit at law, or in equity, for the recovery of such legacy, or to make it necessary to make any slave or slaves a defendant or defendants to a suit in equity. (16) XVII. And in order that further encouragement may be given to the increase and protection of negro infants. Be it further enacted by the authority aforesaid, That every female slave who shall have six children living, or who having raised from infancy and during the period of nurture a child or children of deceased mothers, and which shall continue to live with her, as her adopted child or children, shall have of her own and of such so raised and adopted child or children, six children living, shall be exempted from all hard labour in the field or otherwise, and the owner or possessor of every such female slave shall be excmpted from all manner of taxes for such female slave, any thing in the Act, commonly called the Poll Tax Law, or any other of the tax laws of this island, passed or annually to be passed,. to the contrary notwithstanding, and a deduction shall be made for all such female slaves from the taxes of such owner or possessor, by certificate of the justices and vestry, Prorided nevertheless, that proof be given on oath, to the satisfaction of the said justices and vestry, not only that the requisite number of children, together with the mother or adopted New clause. Proviso, not to authorise trespass, or slaves to keep cattle, &c. on persons land without permission. Slaves may receive bequests. Proviso not to suo ex be sued, &c. Increase of population by birth of slaves encouraged. Mothers Owners exempt from Proviso that proof be given that such mother is exempt from field or hard labour, and comfortably maintained mother are living, but also that the mother is exempted from Sick and infirm slaves to be maintained by their owner, and not to wander about, under penalty of £20, levied in a summary man ner. Wandering, sick, aged, and infirm slaves, to be maintained in the workhouses at the expence of owner, (but not worked) all manner of field or hard labour, and is provided with the means of an easy and comfortable maintenance. (17) XVIII. And be it further enacted by the authority aforesaid, That no master, owner, or possessor, of any slave or slaves, whether in his or her own right, or as attorney, guardian, trustee, executor, or otherwise, shall discard or turn away any such slave or slaves, on account or by reason of such slave or slaves, being rendered incapable of labour or service to such master, owner, or possessor, by means of sickness, age, or infirmity; but every such master, owner, or possessor, as aforesaid, shall be, and he is hereby obliged to keep all such slave or slaves upon his, her, or their properties, and to find and provide them with sufficient clothing, wholesome necessaries of life, and not suffer such slave or slaves, as aforesaid, to be in want thereof, or to wander about and become burthensome to others for sustenance, under the penalty of twenty pounds for every such offence, to be recovered in a summary manner before any three Justices of the Peace in this Island, who are hereby authorized, empowered, and required to cause such master, owner, or possessor, his, her, or their Attorney or Agent, and such other persons as they shall judge necessary, to be summoned before them, to enable them to judge and determine of the propriety of such information, and whether such master, owner, or possessor, ought to incur the said penalty, and in the mean time, and until such trial can be had, the said Justices of the Peace, upon their own view, or upon the information of any white or free person, on oath, are hereby empowered and required to take up such wandering, sick, aged, or infirm slave or slaves, and to lodge him, her, or them, in the nearest Workhouse, there to be clothed and fed, but not worked, at the expense of the master, owner, or possessor, until such trial, as aforesaid, can be had, and if it shall appear to the said Justices, on such trial, that the party or parties so complained of, is or are guilty of the said offence, and shall refuse to pay the said sum of twenty pounds, and the fees of such Workhouse, for the maintenance of such slave or slaves, together with the charges of clothing and of the conviction, the said Justices are hereby required and empowered, under the penalty of twenty pounds, forthwith by warrant under their hands and seals, directed to the Constable, to commit such offender or offenders to the common gaol of the county or parish where the offence shall be conmmitted, there to remain until he, she, or they, shall pay the said sum of twenty pounds and charges, as aforesaid, one moiety of which said fine shall be paid to the informer, who is hereby declared to be a good witness, and the other moiety shall be paid into the hands of the Churchwardens of such parish for the poor of the said parish, any law, custom, or usage, to the contrary notwithstanding.(18). XIX. And wheres, from the decease and change of residence of many proprietors of slaves and other circumstances, and from the manumission of negro, mulatto, and other slaves, without any suitable provision being made for their future maintenance, many unhappy objects afflicted with contagious distempers, or disabled from labour by sickness, age, and otherwise, and having no owners, prove dangerous, or become a burthen or nuisance to the several towns and parishes of this island, for remedy whereof, Be it further enacted by the authority to aforesaid, that the justices and vestrymen of the several towns Offender to be committed to gaol till he pays penalty and charges. Diseased or destitute manumised persons and slaves without owners, to be maintained in workhouses. A parochial tax Settlement of such paupers in respective parishes. and parishes in this island, be empowered to lay a tax upon the be raised for this purseveral towns and parishes in the same manner as the parochial pose. taxes are usually laid for the purpose of raising such a sum as they shall judge sufficient to provide for the maintenance, clothing, medical care, and attendance in the workhouses or other convenient places of the said several towns and parishes of this island, of such negro, mulatto, or other slaves, or other unhappy objects as aforesaid. And the magistrates respectively of such town and parish, are hereby empowered and required upon application being made to them or either of them, or upon view, to order all such objects as aforesaid, to be removed and conveyed to the respective workhouses of each parish, where (if a slave) the former proprietor or proprietors, owner or owners of such slave, lived or resided; or if a person manumized or made free, of the parish wherein the owner or owners commonly resided, or the property was situated to whom, or to which such manumized person belonged immediately previous to the execution of such manumission, or if such manumission be by will, immediately previous to the decease of the testator or testatrix, there to be lodged and taken care of as aforesaid, and the magistrates and vestries of the several towns and parishes as aforesaid, are hereby empowered and required to make from time to time all such, humane and salutary regulations, for the purposes aforesaid as to them shall seem necessary and expedient, and the keeper of the workhouse in such parish to which such slave or free person shall be sent by warrant from any other parish, shall be obliged to receive the same under the penalty of twenty pounds. (19) XX. And it is hereby enacted and declared, That every parish in this island to which any manumized person shall be removed in pursuance of this act, or any clause of any former act for this purpose, as to the place of the legal settlement of such person, shall be entitled to claim all the advantages to be derived by law from the security bond directed to be entered into and given, in and by an act passed in the fifteenth year of the reign of his late Majesty King George the third, cntitled, "An act for regulating the manumission of negro, mulatto, and other slaves, and to oblige the owners to make a provision for them during their lives," by any person or persons manumizing any slave or slaves to the churchwardens of whatsoever parish such bond may have been given, as fully as if the same had been entered into to the churchwardens of the parish to which such manumized person shall become burthensome. (20) XXI. And be it further enacted by the authority aforesaid, That all owners or others, who may manumize such slaves as are old, infirm, or unable to work for their maintenance, are hereby obliged to provide for such maintenance by allowing each and every such slave, at the rate of ten pounds per annum, under the penalty of one hundred pounds, to be recovered in the grand or assize courts, and to be paid over to the churchwardens of the parish where such slave may reside, which parish shall after the recovery of such sum, provide for, and pay the sum of ten pounds annually for the support of such slave. (21) XXII. And be it further enacted by the authority aforesaid, That in case any goods, chattels, or slaves belonging to the owners of such old, infirm, and deserted slaves as aforesaid, who shall have become burthensome to any parish for support Magistrates and vestries to make necessary humane regulations respecting such persons. Workhouse--keeper to receive such persons under penalty of 201. settled to c aina all beManumized persons so nefit of manumission bond, directed by 15 Geo. 3, cap. 18, as fully as if same had been entered into. New clause. Owners manumisinginfirm slaves to allow each 101. per annum, under penalty of 100!. which sum to be paid to the churchwardens, and then the parish to provide such 101. SO any Goods of owners taining such inform per shall thereafter be found in any part of this island, it shall sons. and may be lawful for the churchwardens of every such parish to recover the full amount of all expenses to which such parish, shall at any time have been put on account of such deserted slaves before any three justices of the peace of the parish or precinct, wherein such goods, chattels, or slaves shall be found, by distress and sale of the same. (22) XXIII. And whereas, It sometimes happens, that aged, infirm, or disabled slaves belonging to the estates of insolvent debtors, remain in the custody of the provost marshal of this island, or his deputies, without a possibility of the same being sold for the benefit of the creditors of such estates: Be it enacted by the authority aforesaid, That upon proof being made on oath by any deputy marshal before any three magistrates of the district, wherein he shall hold his appointment, that any slave or slaves of the above description has or have been in his custody for more than six months thereto preceding, that such slave or slaves have been repeatedly put up to sale by public outcry, that no bidder has offered to purchase the same, and there is no probability of his or her being sold, it may and shall be lawful for the said three magistrates to make an order under their hands and seals for the removal of such slave or slaves to the parish wherein the owner of such slave or slaves resided, at or immediately before the time when he or she took the benefit on the act for the relief of insolvent slebtors, now in force or hereafter to be in force, there to be maintained and provided for according to the directions of this act, hereinbefore declared. (23) XXIV. And it is hereby enacted That such order being recorded in the office of the clerk of the peace of the precinct, wherein the goal of such deputy marshal as aforesaid shall be situated, shall be deemed and taken in all the courts of this island as a complete and perfect acquittal of all demands, claims, suits, and actions of every kind, on or against such provost marshal or any of his deputies as may or shall be made, instituted, or preferred by any person or persons whatsoever, on account, or by reason of the removal of any such slave or slaves as aforesaid, out of his or their custody. Provided always, that if such slave should at any time thereafter recover and become saleable, it shall be the duty of the supervisor of the workhouse in which such slave is confined, to report the same to the provost-marshall-general, and thereupon the su preme court shall order such slave to be sold by the provostmarshal, for the benefit of the insoivent's estate. (24) XXV. And whereas, negroes affiicted with the yaws, cocobay, or other contagious disease, are sometimes permitted to leave their master's property, and travel about the country, to the great annoyance of the public, and of those in the neighbourhood; Be it enacted,that every owner or proprietor of slaves, or his, her, or their overseer, as the case may be, permitting the same, shall forfeit the sum of twenty pounds for every such offence, to be recovered in a summary manner before any three magistrates, one moiety of which to be paid to the informer, and the other moiety to the churchwardens, for the poor of the parish in which the offence shall be committed, and which forfeiture shall be recovered on oath of the informer, or other person complaining, to be levied by warrant of the said magistrates, who on refusal or failure of payment, are hereby authorised to commit the delinquent to the county or nearest gaol until paid. (25) XXVI. And be it therefore enacted, that every field slave Slaves to have half an on any plantation or settlement, shall, on work days, be al- hour for breakfast and. lowed half an hour for breakfast, and two hours for dinner; two hours for dinner.} and that no slave shall be compelled to any manner of field work upon the plantation, before the hour of five in the morning, or after the hour of seven at night, except during the time of crop, under the penalty of fifty pounds, to be recovered seven at night, except against the overseer or other person having the charge of such slaves. (26) Not to be compelled to field labour till five in the morning or after during crop, under penalty of 501. 51. XXVII. And be it further enacted by the authority aforesaid, that for the future, all slaves in this island shall be allowed the Holidays at Christmas, usual number of holidays that were allowed at the usual sea- Easter, & Whitsuntide, sons of Christmas, Easter, and Whitsuntide, provided that at to be allowed; but not every such respective season, no more than three holidays shall more than 3 in succesbe allowed to follow or succeed immediately, one after the sion, under penalty of other, any law, custom, or usage to the contrary notwithstanding; and if any master, owner, guardian, or attorney, of any plantation or settlement, or the overseer of such plantation or settlement, shall presume at the seasons aforesaid, to allow any holidays to any slave, on any such plantation or settlement, other than is directed by this act to be given, every person so offending shall forfeit the sum of five pounds. (27) re XXVIII. And in order to encourage slaves to detect run- Slaves informing aaways, Be it enacted by the authority aforesaid, That every gainst person harbourslave or slaves that shall inform against any person who shall ing runaways to have or conceal any runaway slave or slaves, so that such runa- ceive reward not less way slave or slaves may be taken and restored to his, her, or their than 20s. nor more owner or owners, or be committed to any workhouse, every such than 40s. slave or slaves so informing, shall be entitled to such reward as any justice shall think just and reasonable, and be paid by such person or persons as such justice shall determine ought to pay the same, not less than twenty shillings, nor exceeding forty shillings, to be enforced by a warrant under the hand and scal of such justice. (28) ing save in ebellion Slaves killing or tak to receive reward of 31. XXIX. And be it further enacted by the authority aforesaid, That if any slave or slaves shall kill, or take any slave or slaves in actual rebellion, he or she shall receive from the churchwardens of the respective parishes, if killing, and 51. if where such slave or slaves shall have been killed, the sum of taking alive, and a three pounds, and the sum of five pounds if taken alive, and a blue coat from churchblue cloth coat to be paid and furnished by the churchwardens wardens, who to be reof the respective parishes, where such slave or slaves shall imbursed by receiverhave been killed or taken, the whole expense whereof shall be general. re-imbursed by the receiver general for the time being, out of any monies in his hands unappropriated. (29) XXX. And be it further enacted by the authority aforesaid, That if any person hereafter shall, with malice aforethought, Murder of slave pukill or murder any negro or other slave, such person so offend- nished with death. ing shall, on conviction, be adjudged guilty of felony, without benefit of clergy, and shall suffer death accordingly for the said offence; Provided always, that such conviction shall not of blood or forfeiture extend to the corrupting the blood or the forfeiture of lands or tenements, goods or chattles, any law, custom, or usage to the contrary thereof, in any wise notwithstanding. (30) XXXI. And be it further enacted by the authority aforesaid, That if any person or persons shall at any time after the commencement of this act unlawfully and carnally know and abuse any female slave under the age of ten years, every such unlawful and carnal knowledge shall be felony, and the of Not to work corruption Carnal knowledge te a female slave under 10 punished with death |