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452. Sec. v. If any slave who shall be out of the house or plantation where such slave shall live or shall be usually employ- home refuse ed, or without some white person in company with such slave, tea to be shall refuse to submit to or undergo the examination of any wbite moderately person, it shall be lawful for any white person to pursue, appre- Striking hend and moderately correct such slave, and if any such slave white person shall assault and strike such white person, such slave may be lawfully killed.
453. Sec. vi. Provided, That if any negro or other slave, who shall be employed in the lawful business or service of his master, owner or overseer, or other person having charge of such slave, shall be heaten, bruised, maimed or disabled by any person or persons not having sufficient cause or lawful authority for so do- Slave beaten ing, (of which cause the justices of the peace respectively may cause judge) every person and persons so offending, shall for every such offence, forfeit and pay the sum of forty shillings current money, over and besides the damages hereinafter mentioned, to the use of the poor of that parish in which such offence shall be committed. And if such slave or slaves shall be maimed or disabled by such beating from performing his or her work, such person and persons so offending, shall also forfeit and pay to the owner or owners of such slaves, the sum of fifteen shillings current money per diem for every day of his lost time, and also the Penalty charge of the cure of such slave. And if the said damages in the whole, shall not exceed the sum of twenty pounds current money, the same shall, upon lawful proof thereof made, be recoverable before any one of his majesty's justices of the peace, in the same way and manner as debts are recoverable by the act for the trial of small and mean causes. And such justice before whom the same shall be recovered, shall have power to commit
Recoverable the offender or offenders to gaol, if he, she or they shall produce before justice
of the peace no goods on which the said penalty and damages may be levied, there to remain without bail, until such penalty and damages shall be paid, any law, statute, usage or custom to the contrary notwithstanding.
for lost time and medica bill.
TRADING WITH SLAVES. ACT of May 10, 1740. Grimke's Public Laws, 170. 454. Sec. Xxx. No slaves who shall dwell, reside, inhabit or be usually employed in Charlestown, shall presume to buy, sell, deal, traffic, barter, exchange or use commerce, for any goods, wares, provisions, grain, victuals or commodities of any sort or kind what whatsoever (except as is hereinafter particularly excepted and provided, and under such provinces, conditions, restrictions and limitations as are herein particularly directed, limited and appointed) on pain that all such goods, wares, grain, provisions, victuals or commodities, which by any slave shall be so brought, sold, dealt, trafficked or bartered for, exchanged or used in commerce, shall be seized and so forfeited; and shall be sued for and recovered before any justice assigned to keep the peace
Not to give
in Charlestown, and shall be applied and disposed of one half to him who shall seize, inform and sue for the same, and the other half to the commissioners of the poor of the parish of St. Philip's Charlestown; and moreover, the said justice shall order every slave who shall be convicted of such offence, to be publicly whipped on the bare back not exceeding twenty lashes; Provided, that it shall and may be lawful for any slave, who lives or is usually employed in Charlestown, after such license and ticket as hereinafter is directed, shall be obtained, to buy or sell fruit, fish and garden stuff, and to be employed as porters, carters or fishermen, and to purchase any thing for the use of their masters, owners or other persons who shall have the charge and government of such slaves, in open market, under such regulations as are or shall be appointed by law concerning the market at Charlestown, or in any open shop kept by a white person.
455. Sec. xxxII. If any keeper of a tavern or punch-house, slaves liquors or retailer of strong liquors, shall give, sell, utter or deliver to
any slave, any beer, ale, cider, wine, rum, brandy, or other spirituous liquor, or strong liquor whatsoever, without the license or consent of the owner, or such other person who shall have the care or government of such slave; every person so offending shall forfeit the sum of five pounds current money, for the first offence, and for the second offence, ten pounds, and shall be bound in a recognizance in the sum of one hundred pounds current money, with one or more sufficient securities, before
of the justices of the court of general sessions, not to offend in the, like kind, and to be of good behaviour for one year; and for want of such sufficient sureties, to be committed to prison without bail or mainprise, for any term not exceeding three months.
456. Sec. XXXIV. And whereas several owners of slaves have permitted them to keep canoes, and to breed and raise horses, neat cattle and hogs, and to traffic and barter in several parts of
this province, for the particular and pecular benefits of such Slaves not to slaves, by which they have not only an opportunity of receiving &c. or traffic and concealing stolen goods, but to plot and confederate together,
and form conspiracies dangerous to the peace and safety of the whole province: Be it therefore enacted, That it shall not be lawful for any slave so to buy, sell, trade, traffic, deal or barter for any goods or commodities, (except as before excepted) nor
shall any slave be permitted to keep any boat, pettiauger or canoe, Having goods, canoes
or to raise and breed for the use and benefit of such slave, any en he awful to horses, mares, neat cattle, sheep or hogs, under pain of forfeit
ing all the goods and commodities which shall be so bougbt, sold, traded, trafficked, dealt or bartered for, by any slave, and of all the boats, pettiaugers or canoes, cattle, sheep or hogs, which any slave shall keep, raise or breed for the peculiar use, benefit and profit of such slave; and it shall and may be lawful for any person or persons whosoever, to seize and take away from any slave all such goods, commodities, boats, pettiaugers, canoes,
* This clause is superseded, within the corporate limits of the City, by the Ordinance of Council, passed, 28th Oct. 1806.
seized in possession of
horses, mares, neat cattle, sheep or hogs, and to deliver the same into the hands of any one of his majesty's justices of the peace, nearest to the place where the seizure shall be made ; and such justice shall take the oath of such person who shall make any such seizure, concerning the manner of seizing and taking the same ; and if the săid justice shall be satisfied that such seizure hath been inade according to the directions of this act, he shall pronounce and declare the goods so seized to be forfeited, and shall order the same to be sold at public outcry, and the monies arising by such sale, shall be disposed of and applied as is herein after directed. Provided that if any goods shall be seized which come to the possession of any slave by theft, finding or otherwise, without the knowledge, privity, consent or connivance of the persons who have a right to the property or lawful custody of any such goods, all such goods shall be restored on such persons making oath before any justice as aforesaid, who is hereby empowered to administer such oath, to the effect or in the following words:
1, A. B. do sincerely swear, that I have a just and lawful right or title to certain goods seized and taken by C. D. out of the possession of a slave named E. and I do sincerely swear and declare, that I did not directly or indirectly permit or suffer the said slave, or any other slave whatsoever, to use, keep or employ
son claiming the said goods for the use, benefit or profit of any slave whatso- any goods ever, or to sell, barter or give aiday the same; but that the same goods were in the possession of the said slave by theft, finding or a slave. otherwise, or to be kept bona fide for my use, or for the use of E. F. a free
person, and not for the use or benefit of any slave whatsoever : So help me God !
Which oath shall be taken mutatis mutandis, as the case shall happen.
Provided also, That it shall be lawful for any person, being the owner or having the care or government of any slave who resides or is usually employed in any part of this province without the limits of Charlestown, to give a license or permission to Licenses to sell, exchange or barter in Charlestown, or elsewhere within must express this province, the goods or commodities of the owner, or other quantity and person having the care or government of such slave; provided goods. that in such license or permission, the quantity and quality of the goods and commodities with which such slave shall be intrusted, be particularly and distinctly set down and specified, and signed by the owner or other person having the charge or government of such slave, or by some other person by his, her or their order and direction.
457. Sec. xxxv. Provided, That this act shall not extend or be construed to extend to debar any of the inhabitants of Charlestown from sending any of their slaves residing therein, to sell in open
market any sort of provisions whatever, which the owner persons reof such slave shall bave received and brought from his or her siding in estate in the country, to be sold at the first hand; nor shall such slaves be debarred from buying any kind of provisions for the
use and consumption of their masters and mistresses families, and for which such slave or slaves shall have a license or permit from the master or mistress, or some other person under whose care such slave shall be, any thing in this or any other act to the contrary notwithstanding.
ACT of Dec. 18, 1817. Pamphlet edit. 25. Penalty for 458. Sec. 1. Whereas it is found by experience, that the pefolith Savenalties heretofore imposed ou shopkeepers and other traders who without mas deal with negioes without permission of their owners, are insuffi
cient, and have not answered the ends intended: For remedy whereof, &c.
Be it enacted, That from and immediately after the passing of this act, if any shopkeeper, trader or other person shall, at any time hereafter, by bimself or any other person acting for him or her as his or her clerk or otherwise, directly or indirectly, buy or purchase from any slave, in any part of this state, any corn, rice, peas or other grain, bacon, flour, tobacco, indigo, cotton, blades, hay, or other article whatsoever, or shall otherwise deal, trade or traffic with any slave, not having a permit so to deal, trade or traffic, or to sell any such article, from or under the hand of his master or owner, or such other person as may have the care or management of such slave, such shopkeeper, trader or other person, shall, for every such offence, forfeit a sum not exceeding one thousand dollars, and imprisonment not exceeding a term of twelve months, nor less than one month.
459. SEC. II. And be it further enacted, That where any person shall purchase of any slave any article whatsoever, he shall
retain in his possession the permit which such slave has productrading with slaves, must ed: and that whenever any person shall be charged with having keep and produce
trafficked with a slave, contrary to law, it shall be the duty of permit. such person to produce the permit and prove its authenticity;
and in default of producing the permit and of proving its authenticity, such person shall be liable to the penalties ir posed by law on the offence of trading and trafficking with slaves without permits.
ACT of Dec. 19, 1827. Pamphlet edit. 30.
460. Sec. Lx. No toll collector of any bridge or turnpike road No toll keep
now constructed or hereafter to be constructed by the authority er to traffic of the Legislature, shall in any manner deal, trade or traffic with
any slave travelling on such road or bridge, nor sell nor give such slave any spirituous liquors, wine, cider or beer; and every toll collector so offending, shall, on conviction thereof before a court of competent jurisdiction, pay a fine not exceeding ten dollars, nor less than five dollars; which conviction shall not exempt the collector so offending from the penalties of an act, entitled “ An Act to increase the penalties which are now by law inflicted on persons who deal or trade with negro slaves, without a license or ticket from their master or owner, or other
persons having charge of them ;" ratified the 18th December, 1817.
with a slave.
461. Sec. LXI. And be it enacted, That all the penalties
be recovered for offences created by this act, shall recovered be paid one half to the informer, and the other half to the cor- applied. poration, or individual or individuals owning the works respecting which the said offences shall have been committed. [See 414.]
TRIAL OF SLAVES. ACT of May 10, 1740. Grimke's Public Laws, 165. 462. Sec. IX. And whereas natural justice forbids that any person of what condition soever should be condemned unheard, and the order of civil government requires, that for the due and equal administration of justice, some convenient method and
offences, how form of trial should be established: Be it therefore enacted, That tried all crimes and offences which shall be committed by slaves in this province, and for which capital punishment shall or lawfully may be inflicted, shall be heard, examined, tried, adjudged, and finally determined by any two justices assigned to keep the peace, and any number of freeholders not less than three or more than five in the county where the offence shall be committed, and can be most conveniently assembled ; either of which justices, on complaint made or information received of any such offence committed by a slave, shall commit the offender to the safe custody of the constable of the parish where such offence shall be committed, and shall without delay, by warrant under his hand and seal, call to his assistance, and request any one of the nearest justices of the peace, to associate with him; and shall by the same warrant summon such a numb r of the neighbouring freeholders as aforesaid, to assemble and meet together with the said justices, at a certain day and place not exceeding three days after the apprehending of such slave or slaves ;* and the "Repealed. justices and freeholders being so assembled, shall cause the slave accused or charged, to be brought before them, and shall hear the accusation which shall be brought against such slave, and his or her defence, and shall proceed to the examination of witnesses, and other evidence, and finally hear and determine the matter brought before them, in the most summary and expeditious manner; and in case the offender shall be convicted of any crime, for which by law the offender ought to suffer death, the said justices shall give judgment, and award and cause execution of their sentence to be done, by inflicting such manner of death, and at such time as the said justices, by and with the consent of freeholders, shall direct, and which they shall judge will be most effectual to deter others from offending in the like manner.
463. Sec. X. And be it enacted, Ifany crime or offence, not capital, shall be committed by any slave, such slave shall be proceeded Offences, not against and tried for such offence in the manner herein before di- capital, how rected, by any one justice of the peace, and any two freeholders of the county where the offence shall be committed, and can bem ost conveniently assembled; and the said justice and freeholders
See No. 466.