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of slave for
KILLING CATTLE, HOGS, &c.
ACT of Dec. 18, 1827. Pamphlet edit. 78. 418. Sec. IV. And be it enacted, &c. That if any slave shall Punishment hereafter kill, maim, wound or injure any horse, mule, cattle, killing am. hog, sheep or goat, not belonging to his owner, in any cultivated mals. or uncultivated field not enclosed by a lawful fence, he or she shall be liable to be apprehended, and on conviction by a magistrate and two freeholders, shall be punished by whipping, not exceeding thirty-nine lashes.
KILLING SLAVE. ACT of Dec. 20, 1821. Pamphlet edit. 12. 419. Sec. I. Be it enacted, fc. That if any person, from Murder of and after the passing of this act, shall wilfully, maliciously and punished." deliberately murder any slave within this state, such person, on conviction, shall suffer death without the benefit of clergy.
420. Sec. 11. And be it enacted, &c. That if any person Killing slave shall kill any slave, in sudden heat and passion, such person, on in
passion, how conviction, shall be fined in a sum not exceeding five hundred punished. dollars, and be imprisoned not exceeding six months. (See Nos. 438 to 442, 462 to 467.]
LABOUR OF SLAVES. ACT of May 10, 1740. Grimke's Public Laws, 174. 421. Sec. xliv. And whereas many owners of slaves, and others who have the care, management and overseeing of slaves, How many
9 hours slaves do confine them so closely to hard labour, that they have not 10 work. sufficient time for natural rest: Be it therefore enacted, that if any owner of slaves, or other person who shall have the care, management or overseeing of any slaves, shall work or put any such slave or slaves to labour, more than fifteen hours in twenty-four hours, from the twenty-fifth day of March to the twenty-fifth day of September, or more than fourteen hours in twenty-four hours, from the twenty-fifth day of September to the twenty-fifth day of March, every such person shall forfeit any sum not exceeding twenty pounds nor under five pounds current money, for every time he, she or they shall offend herein, at the discretion of the justice before whom the complaint shall be made.
422. Sec. XXII. If any person in this province, shall on the Lord's day, commonly called Sunday, employ any slave in any Slaves not to work or labour (works of absolute necessity, and the necessary
work on Sun
day. occasions of the family only excepted), every person in such case offending, shall forfeit the sum of five pounds, current money, for every slave they shall so work or labour.
MENTAL INSTRUCTION. 423. [See Nos. 287, 305, 473.]
OFFENCES NOT CAPITAL. 424. [See Nos. 462 to 467.]
OFFENCES CAPITAL. 425. [See Nos. 379 to 382.]
PARDON.* 426. [See No. 385.]
POISONING FISH. ACT of March 11, 1726. Grimke's Public Laws, 122. 427. Sec. II. And whereas many persons in this province do often use the pernicious practice of poisoning the creeks, in order to catch a great quantity of fish by poisoning, by which means many fish that escape, as well as the fry are destroyed, and is of very great prejudice to the fishery: to prevent, therefore, such ill-practices for the future; Be it enacted, That in case any white person by any means, shall poison any creek in this province, he or they upon proof made thereof before any of his majesty's justices of the peace, in this province, shall forfeit the sum of ten pounds current money, and in case any
slave or slaves be proved guilty of the same, by the evidence of be punished. any other slave, before any such justice of the peace, such jus
tice is hereby empowered to order the said slave or slaves so convicted as aforesaid, to be publicly whipped, not exceeding thirty-nine ashes.
PUNISHMENT OF SLAVES, &c.
RENTING HOUSES, &c.
429. SEC. XLII. No slave or slaves shall be permitted to rent rent houses or hire any house, room, store or plantation on his or her own
account, or to be used or occupied by any slave or slaves; and any person or persons who shall let or hire any house, room, store, or plantation to any slave or slaves, or to any free person, to
be occupied by any slave or slaves ; every such person so offendPenalty.
ing, shall forfeit und pay to the informer the sum of twenty pounds current money, to be recovered as in the act for the trial of small and mean cases.
Slaves not to
ROADS AND CANALS.. ACT of December 20, 1823. Pamphlet. edit. 18. 430. Sec. xx.ft And be it further enacted by the authority aforesaid, That in case any slave or free person of colour, shall
* The power of pardoning given to the Governor by the Constitution; embraces offences committed by persons of colour.
committed by slaves,
commit any offence prohibited by this act, he or she shall be pro- Oriences ceeded against, charged with said offence, tried therefor before a . justice of the peace and freeholders, in such manner as is pre- how to be scribed for the trial of slaves in cases less than capital by the existing laws of the state ; and the justice and freeholders are hereby authorized, on conviction by them, of any slave or free person of colour for such offence, to cause the said slave or free person of colour, to be whipped not exceeding fifty nor less than ten lashes.
ACT of December 17, 1823. Pamphlet edit. 45. 431. Sec. xiv.tt And be it further enacted, &c. That if any Penalty. slave or free person of colour shall commit any offence prohibited by this act, he or she shall be proceeded against, charged with the said offence, and tried therefor before a justice of the peace and freeholders in such manner as is prescribed for the trial of slaves in cases less than capital, by the existing laws of this state ; and the justice and freeholders are hereby authorized, on conviction by them, of any slave or free person of colour, for such offence, to cause the said slave or free person of colour, to be whipped, not exceeding thirty-nine nor less than ten lashes.
ACT of December 20, 1825. Pamphlet edit. 31. 432. Sec. IX. And be it enacted, &c. That all the male inhabitants of this State from 16 to 50 years of age, are declared liable to work on the public roads, bridges, and causeways. That the on what commissioners of the roads in the several parishes and districts work. in this State, shall have power to prescribe and direct how far, and on what roads the persons and slaves within their respective districts shall be compelled to work: Provided, nevertheless, that no person, or his, her, or their slaves, shall be compelled to work on any road, unless some part of the said road shall be, or pass. within ten miles of his, her, or their place of residence, or within ten miles of the plantation whereon such slaves are employed the greater part of the year.
433. Sec. XI. And be it enacted, &c. And that each commissioner in his respective division, is hereby authorized to call on * all the inhabitants within the same, to make a return (on oath, if
required) of all the male slaves belonging to them or under their management or direction from 16 to 50 years of age, and who reside in such parish or district for the most part of the year, to such person, at such place, and within such time as he shall appoint; and the said commissioner is hereby authorized to administer the following oath : “I, A. B. do swear (or affirm, that the
The offences enumerated under these acts are “ Wilfully and maliciously destroying, injuring, or in any manner hurting, damaging, injuring or obstructing any of the State roads or canals, or any part thereof, or any bridge calvert, drain, ditch, causeway, embankment, wall, toll-gate, tollhouse, or other erection belonging to the said roads or canals, or any part thereof." And also, “causing any obstruction in any part of the said roads, or canals, or on any bridge or causeway thereof, and not iminediately removing the same when required.”
return made by me of the number of male slaves from 16 to 50 years of age, owned by me or under my management or direction in this road division, belonging to C. D. is true according to the best of my knowledge."
434. SEC. XII. And be it enacted, &c. That if any inhabitant or not shall refuse or neglect to make such return as aforesaid, the commaking
missioners, or a majority of them, for the district, parish or division in which such default shall be made, are hereby authorized to make an assessment on such defaulter according to the best information they shall receive, of four dollars for every such male slave so refused or neglected to be returned.
435, Sec. X!11. And be it enacted, &c. That each commissioner in his respective road division, is hereby authorized whenever he
shall think it expedient and necessary, to summon by two days notice to be given to previous notice, all the male inhabitants within his division liable bands.
to road duty, to be and appear at such time and place as the board of commissioners may have assigned for such male inhabitants to work on, except on the following emergencies, viz:-Where a bridge may require to be repaired, a tree removed, or other obstructions in the road requiring immediate removal-in any of which cases, one day's notice only shall be necessary to be given, and that the work done at one day's notice shall be credited to the hands who work at one day's notice, when the hands are called out generally to work the roads; ayd if any person or persons shall refuse or neglect to go or send their male slaves when thereunto summoned by the commissioner aforesaid, or by any person by the commissioner to be appointed, every such person shall forfeit and pay for the use of the roads, the sum of two dollars for himself, and one dollar per day for every male slave so
neglected or refused to be sent: Provided, that it shall and may be Penalty for lawful for each commissioner in his division, to exempt the donot working
mestic slaves employed as waiting men or house servants by any person, upon such person substituting in the room of every such male slave so exempted, an able bodied female slave, and making oath, if required, before the commissioner, that they are not field slaves or other labourers whom they desire to screen from the operation of this law.
436. Sec. xv. And be it enacted, &c. That each commissioner, in his respective road division, is hereby authorized to pre
scribe what tool or tools each hand shall furnish himself with ; Working tools to be
and if any free man liable to work on any road, having been reprovided. gularly warned, shall fail so to be equipped, he shall forfeit and pay
the sum of fifty cents : And if the owner of any slave or slaves, after due notice for that purpose, shall fail to furnish them with such tools as may be required, he or she shall in like manner forfeit and pay for each tool which they may so fail to furnish, the sum of fifty cents: Provided, that in all cases where it shall be shewn to the satisfaction of the commissioner, that the person complained of was not in possession of the tool or tools required, no forfeiture shall be exacted, but any other suitable tool or tools shall be received in lieu thereof.
437. SEC. XXIX. And be it enacted, &c. That if any free negro,
Persons of mulatto or mustizo, shall be summoned to work on the roads ac- colour mak
ing default. cording to the provisions of this act, and shall refuse or neglect to be impri: to work thereon as required by the commissioner or commission- soned. ers of such road, he shall be liable to be fined to the same extent as any other person: And in default of payment of such fine, it shall and may be lawful for the commissioner or commissioners, to issue his or their warrant to any constable, requiring and commanding him to take such free negro, mulatto or mustizo into his custody, and deliver him to the jailor of the district, to be confined for such time as the commissioner or commissioners in such warrant shall direct, not exceeding twelve days in any one
slaves to be
within 5 days
RUNAWAY SLAVES. ACT of Feb. 27, 1788. Grimke's Public Laws, 441. 438. Sec. 1. Be it enacted, &c. That every person or persons having in custody, or taking up one or more runaway slaves, Runaway shall cause the same to be conveyed and delivered to the gaoler delivered to of any district in which such stave shall be apprehended, within gaol of disfive days after having such slave in custody, under the penalty of apprehended twenty shillings for each day he shall neglect to carry such slave w to the gaoler, to be recovered by the owner before a magistrate or any court of record as the case may require ; and the said gaoler shall, on receiving such slave or slaves, confine and be answerable for the same, and give a receipt thereof, and also Penalty for ^ give his note of hand to the person so delivering for the amount "
can not doing so. of the party's trouble and expenses, allowing four pence per mile, and half a dollar per day, allowing twenty-five miles per day going only, and the sum of ten shillings for taking up every such slave, if a runaway, which note shall be made payable to the bearer, and reimbursed to the gaoler immediately out of the Fees for amount of sales of every sủeh negro, or when his owner shall app
apprehension take him out of gaol, which shall not be before such owner shall how settled. pay such and other lawful charges for confining and maintaining such slave.
Provided, That where any person hath or shall take up any slave, he shall cause him to be conveyed to a neighbouring jus- Provisa, tice, who may examine the party on oath touching the distance and time in which he hath necessarily travelled, and shall go with such slave the nearest way to the district gaol, and thereof shall give a certificate on a just estimate of such time and distance, without which certificate the gaoler shall not be obliged to give his note ; but he shall, notwithstanding, take every such slave into confinement. And in all cases where such slave or slaves shall be delivered to any gaoler, he shall safely keep, advertise and dispose of them according to the directions of an act passed the tenth day of March, 1784,7 to oblige persons
* All ministers of the gospel, millers and ferrymen, are exempted from working on the roads.
+ See Grimke's Public Laws.