Persons ship

empt from

this act.

369. SEC. VII. And be it enacted, &c. That all free negroes wrecked ex- and persons of colour, and all other persons, shall be exempted from the operation of this act, where such free negroes and persons of colour and slaves have arrived within the limits of this state by shipwreck or stress of weather, or other unavoidable accident: But such free negroes or persons of colour, and other persons, shall, nevertheless, be subject to the penalties of this act, if the requisites of the same be not complied with within one month after such shipwreck, stress of weather or other unavoidable accident.

empted.

370. SEC. VIII. And be it enacted, &c. That this act shall not extend to free negroes or persons of colour who shall arrive in Vessels of any port or harbour of this state, as cooks, stewards, mariners, war also ex. or as otherwise employed in any vessel of war of the United States navy, or on board any national vessel of the navies of any of the European or other powers in amity with the United States, unless said free negroes and persons of colour shall be found on shore, after being warned by the sheriff or his deputy to keep on board of their vessels. Nor shall this act extend to free AmeriFree Indians, can Indians, free Moors, or Lascars, or other coloured subjects Lascars, &c. of countries beyond the Cape of Good Hope, who may arrive in

this state in any merchant vessel. But such persons only shall be deemed and adjudged to be persons of colour, within the meaning of this act, as shall be descended from negroes, mulattoes, and mustizoes, either on the father or mother's side.

371. SEC. IX. And be it enacted, &c. That in case any masPenalty on ter or mate of any vessel, on his arrival, shall make any false vessel mak- return to the sheriff or his deputy, of the number of persons he ing false re- may have on board, whose entrance shall be prohibited by this

captain of

turn.

Neglect of

act, he shall forfeit and pay the sum of one thousand dollars:And any master of a vessel, or other person, opposing the sheriff or his deputy in the execution of his duty, and all persons aiding and abetting him therein, shall be liable to be indicted, and pay a fine of one thousand dollars, and be imprisoned for any term not exceeding six months.

372. SEC. x. And be it enacted, &c. That any sheriff who shall wilfully neglect or refuse to perform the duties required by sherif, how this act, shall forfeit and pay five hundred dollars; one half to the informer and the other for the use of the state; to be recovered by action of debt in any court having jurisdiction.

punished.

Prosecution under this act.

373. SEC. XI. And be it enacted, &c. That all prosecutions under this act may be maintained without limitation of time; and all penalties or forfeitures imposed thereby, may be recovered in any court of record in this state; one half of which shall into go the public treasury, and the other half to the person informing: Provided however, that no prosecution shall be permitted against the masters of vessels, or any other white persons, from any part of the United States, in less than three months, or against captains of vessels from foreign ports, in less than six months after the passing of this act.

ACT of Dec. 20, 1825. Pamphlet edit. 41.

374. SEC. 1. Whereas many coloured persons from the northern states and elsewhere, have arrived in the ports and harbours of this state, under the pretence of their being descended from free Moors, Indians and Lascars, on both father's and mother's sides, bringing with them certificates and papers purporting that they are of such descent, when on such inspection, they appear to be mulattoes or mustizoes, by means of which false papers, many persons of colour are introduced into this state, contrary to the intention of the act in such case made and provided,

Indians and Lascars.

Sheriff to

to move

Be it therefore enacted, &c. That from and after the passing of this act, if any packet or merchant vessel shall arrive in any port or harbour of this state, from any other state or foreign port, require caphaving on board any coloured persons as passengers, or employ- tain of vesse ed as cooks, stewards or seamen, on board of such vessel, it shall 150 yards be the duty of the sheriff of the district in which such port is situ- from wharf. ated, and he is hereby empowered and required, to repair on board of such vessel, and to order the captain of such vessel to move his vessel in the stream, at a distance not less than 150 yards from the wharf, and to load and unload his vessel with lighters. And if any captain of a vessel arriving in this state with coloured persons as aforesaid, shall, after being ordered to move his vessel in the stream, approach or lie at the wharves, piers or quays of any of the ports or harbours of this state, or to load or unload otherwise than as herein directed, he shall forfeit and pay the sun of one thousand dollars, to be recovered in any court of record in this state, one half of which penalty shall go to the sheriff, or other person informing, and the other moiety to the use of the state; Provided however, that this act shall not extend to the proper merchant vessels of countries in which free Proviso. Moors, Indians, Lascars or other coloured subjects of countries beyond the Cape of Good Hope heretofore excepted, are accustomed to be employed, and as sailing under the flags of the nations to which such coloured persons respectively belong.

375. SEC. II. And be it enacted, &c. That nothing in this act shall be construed so as to prevent free persons of colour from being taken into custody by the sheriff, or masters of vessels and Proviso. other persons from being prosecuted under the former act, where there is cause to believe that such persons of colour, are not of such descent as to exempt them from the operation of this act; but all such arrests and prosecutions shall be maintained in the same manner, as if this act had not passed.

Penalty on

376. SEC. III. And be it enacted, &c. That for any wilful neglect or refusal on the part of any sheriff to perform the duties sheriff. required by this act, he shall be subject to the same penalty which attaches to him for neglect or refusal of duty under the former

act.*

*In sending negro slaves coastwise, it is necessary, under the laws of the U. S. that they should be regularly cleared at the custom-house of departure, under the oath of the shipper and the captain of the vessel in which they take passage, "that the said slave or slaves have not been imported

Slaves setting fire to wood, &c. How punished.

Slaves committing Felony.

Offences de

377.

BRIDGES AND TURNPIKE ROADS.

See Runaways, Nos. 433 to 442.

BURNING WOODS, FIELDS, &c.

ACT of March 13, 1789. Grimke's Public Laws, 498.

378. SEC. VIII. No person shall put fire to, or burn any grass, bush or other combustible matter, so as thereby the woods, lands, fields or marshes be set on fire, nor cause the same to be done, nor to be thereunto aiding or assisting. Provided, that no person or persons shall be prevented from firing woods, fields, lands, or marshes within his, her or their own bounds, so that he, she or they suffer not the fire to get without the bounds of his, her or their lands, and injure the woods, fence or grass of his neighbour or neighbours, and when any offence shall be committed against this ordinance by a servant or slave without the direction, consent or knowledge of his master or mistress, the offender, (unless the master or mistress shall pay the damages which the owner of the lands shall sustain, and costs of suit) shall receive not exceeding thirty-nine stripes, at the discretion of the justice and freeholders, before whom the offender shall be convicted.

CAPITAL OFFENCES.

ACT of May 10, 1740. Grimke's Pablic Law, 167. 379. SEC. XV. If any slave in this province shall commit any crime or offence whatsoever, which by the laws of England, or of this province, now in force, is or has been made felony without benefit of clergy, and for which the offender by law ought to suffer death; every such slave, being duly convicted according to the directions of this act, shall suffer death, to be inflicted in such manner as the justices, by and with the advice and consent of the freeholders, who shall give judgment on the conviction of such slave, shall direct and appoint.

380. SEC. XVI. And whereas some crimes and offences of an clared felony enormous nature, and the most pernicious consequences may be committed by slaves, as well as other persons, which being peculiar to the condition and and situation of this province, could not fall within the provision of the laws of England: Be it therefore enacted, That the several crimes and offences hereinafter particularly enumerated, are hereby declared to be felony without the benefit of clergy, that is to say, if any slave, free negro, mulatto, Indian or mustizo, shall wilfully and maliciously Burning rice burn or destroy any stack of rice, corn or other grain, of the product, growth or manufacture of this province; or shall wilfully

corn, &c.

into the United States since the first day of January, 1808;" and they must be duly reported at the custom-house or nearest custom-house to the place of landing.

and maliciously set fire to, burn or destroy any tar-kiln, barrels of pitch, tar, turpentine or rosin, or any other the goods or commodities of the growth, produce or manufacture of this province; or shall feloniously steal, take or carry away any slave, being the property of another, with intent to carry such slave out of this Stealing province; or shall wilfully and maliciously poison, or administer slaves, &c. any poison to any person, freeman, woman, servant or slave; every such slave, free negro, mulatto, Indian, (except as before excepted) and mustizo, shall suffer death as a felon.

381. SEC. XVII. Any slave who shall be guilty of homicide of any sort, upon any white person, except by misadventure, or in defence of his master or other person under whose care and government such slave shall be, shall upon conviction thereof as aforesaid suffer death.

Killing white

person.

And every slave who shall raise or attempt to raise an insurrection in this province, or shall endeavour to delude or entice any Insurrection. slave to run away and leave this province; every such slave and slaves, and his and their accomplices, aiders and abetters shall upon conviction as aforesaid suffer death.

ACT of May 17, 1751.

Grimke's Public Laws, 227.

382. SEC. XIV. Whereas, by the seventeenth paragraph of the said act, entitled, An act for the better ordering and governing negroes, and other slaves in this province, It is (among other See No. 381. things therein contained) enacted, "That every slave who shall endeavour to delude or entice any slave to run away and leave this province, shall, upon conviction, suffer death;" which is a punishment too great for the nature of the offence, as such offender might afterwards alter his intentions:

slaves.

SEC. XVII. Be it therefore enacted, That such part of the said paragraph as relates only to slaves endeavouring to delude or entice other slaves to run away and leave this province, shall Proviso, as not operate or take effect, unless it shall appear, that such slave to stealing (so endeavouring to delude or entice other slaves to run away and leave this province) shall have actually prepared provisions, arms, ammunition, horse or horses, or any boat, canoe, or other vessel, whereby such their intentions shall be manifested; any thing in the said act to the contrary thereof in any wise notwithstanding.

See Nos. 385, 447, 462.

CLOTHING.

ACT of May 10, 1740. Grimke's Public Laws, 173.

be allowed

food.

383. SEC. XXXVIII. Be it enacted, &c. That in case any person Slaves to be in this province, who shall be owner, or who shall have the care, sufficient government or charge of any slave or slaves shall deny, neglect or clothing and refuse to allow such slave or slaves under his or her charge, sufficient clothing, covering or food, it shall and may be lawful for any person or persons, on behalf of such slave or slaves, to make complaint to the next neighbouring justice in the parish where

What apparel slaves ale to wear.

such slave or slaves live or are usually employed; and if there shall be no justice in the parish, then to the next justice in the nearest parish; and the said justice shall summons the party against whom such complaint shall be made, and shall inquire of, hear and determine the same; and if the said justice shall find the said complaint to be true, or that such person will exculpate or clear himself from the charge, by his or her own oath, which such person shall be at liberty to do in all cases where positive proof is not given of the offence, such justice shall and may make such orders upon the same for the relief of such slave or slaves, as he in his discretion shall think fit, and shall and may set and impose a fine or penalty on any person who shall offend in the premises, in any sum not exceeding twenty pounds current money, for each offence, to be levied by warrant of distress and sale of the offender's goods, returning the overplus, if any shall be; which penalty shall be paid to the church wardens of the parish where the offence shall be committed, for the use of the poor of the said parish.

384. SEC. XL. And whereas many of the slaves in this province wear clothes much above the condition of slaves, for the procuring whereof, they use sinister and evil methods: For the prevention therefore of such practices for the future, Be it enacted, That no owner or proprietor of any negro slave or other slave (except livery men and boys) shall permit or suffer such negro or other slave, to have or wear any sort of apparel whatsoever, finer, other, or of greater value than negro cloth, duffils, kerseys, ozuaburgs, blue linen, check linen or course garlix or calicoes, checked cottons, or Scots plaids, under the pain of forfeiting all and every such apparel and garment, that any person shall permit or suffer his negro or other slave to have or wear, finer, other or of greater value, than negro cloth, duffils, coarse kerseys, oznaburgs, blue linen, check linen or coarse garlix or calicoes, checked cotton or Scots plaids, as aforesaid; and all and every constable and other persons, are hereby authorised, empowered and required, when and as often as they shall find any such negro slave, or other slave, having on or wearing any sort of garment or apparel whatsoever, finer, other or of greater value than negro cloth, duffils, coarse kerseys, oznaburgs, blue . linen, check linen, or coarse garlix or calicoes, checked cottons or Scots plaids, as aforesaid, to seize and take away the same, to his or their own use, benefit and behoof; any law, usage or custom to the contrary notwithstanding.

Provided, That if any owner of any such slave or slaves shall think the garment or apparel of his said slave, not liable to forfeiture, or to be taken away by virtue of this act, he may apply to any neighbouring justice of peace, who is hereby authorized and empowed to determine any difference or dispute that shall happen thereupon, according to the true intent and meaning of this act.