A. D. 1712. Acts relating to Slaves. to any justice of the peace, of the neglect of so punishing any slave for running away the second time, such justice shall order the constable to inflict the same punishment upon such slave, or cause the same to be done, the charges thereof, not exceeding thirty shillings, to be borne by the person neglecting to have the punishment inflicted. And in case such negro or slave shall run away the third time, and shall so continue for the space of thirty days, he or she, so oflending, for the third offence, shall be severely whipped, not exceeding forty lashes, and shall have one of his ears cut off'; and in case the master, mistress, overseer or head of the family, shall neglect to inflict the punishment upon such slave running away the third time, the person so neglecting shall forfeit the sum of twenty pounds, and upon any complaint made by any person, within two months, to any justice of the peace, of the neglect of the so punishing any slave for running away the third time, the said justice shall order the constable to inflict the same punishment upon such slave, or cause the same to be done, the charges thereof, not exceeding forty shillings, to be borne by the person neglecting to have the punishment inflicted. And in case such male negro or slave shall run away the fourth time, and shall so continue for the space of thirty days, he, so offending, for the fourth offence, by order or procurement of the master, mistress, overseer or head of the family, shall be gelt; and in case the negro or slave that shall be gelt, shall die, by reason of his gelding, and without any neglect of the person that shall order the same, the owner of the negro or slave so dying, shall be paid for him, out of the public treasury. And if a female slave shall run away the fourth time, then she shall, by order of her master, mistress or overseer, be severely whipped, and be branded on the left cheek with the letter R, and her left ear cut off. And if the owner, if in this Province, or in case of his absence, if his agent, factor or attorney, that hath the charge of the negro or slave, by this Act required to be gelt, whipped, branded and the ear cut off, for the fourth time of running away, shall neglect to have the same done and executed, accordingly as the same is ordered by this Act, for the space of twenty days after such slave is in his or their custody, that then such owner shall loose his property to the said slave, to him or them that will sue for the same, by information, at any time within six months, in the court of common pleas in this Province. And every person who shall so recover a slave by information, for the reasons aforesaid, shall, within twenty days after such recovery, inflict such punishment upon such slave as his former owner or head of a family ought to have done, and for neglect of which he lost his property to the said slave, or for neglect thereof shall forfeit fifty pounds; and in case any negro slave so recovered by information, and gelt, shall die, in such case, the slave so dying shall not be paid for out of the public treasury. And in case any negro or slave shall run away the fifth time, and shall so continue by the space of thirty days at one time, such slave shall be tried before two justices of the peace and three freeholders, as before directed by this Act in case of murder, and being by them declared guilty of the offence, it shall be lawful for them to order the cord of one of the slave's legs to be cut off above the heel, or else to pronounce sentence of death upon the slave, at the discretion of the said justices; and any judgment given after the first offence, shall be sufficient conviction to bring the offenders within the penalty for the second offence; and after the second, within the penalty of the third; and so for the inflicting the rest of the punishments. XX. And be it further enacted by the authority aforesaid, That all such Acts relating to Slaves. persons as shall apprehend and take up any runaway slave, and shall bring the runaway to his and their proper owner, if they know them, shall receive ten shillings for such slave, and one ryal per mile for the first eight miles, and six pence per mile for every mile more, provided it exceed not forty shilling in the whole, for mileage; but if they know not the owner or master of such runaway, then they shall bring them to the marshal or goaler, upon pain and forfeiture, for every day he or they shall keep such slave or slaves above ten days besides the days reasonable to be allowed for the journey, according to the distance of the place, he or they shall forfeit, for every slave so kept, for each day, twenty shillings. And any person delivering a runaway or fugitive slave to the marshal, shall, by oath, made before some justice of the peace, give an account of his name and place of abode, with the time when, and place where, he apprehended such fugitive slave or slaves, and that he knew of no ticket the slave had, nor the owner of such negro or slave, to the intent that all owners of slaves may come to the right knowledge when their slaves were apprehended, and by whom, and whether they might be wrongfully taken up or not; that upon such oath being made, and the delivery of the slave or slaves, the provost marshal shall enter such oath fairly in a book for that purpose, and shall also fix the same upon some public place of the goal, upon the penalty of five pounds; and the marshal shall sign a receipt for such slave or slaves, and shall also pay, or cause to be paid, to the person or persons that brings such slave or slaves, the sum of ten shillings for each slave, and also the mileage, as before directed by this Act in case the slave was brought to his owner; and in case the marshal shall refuse to pay the same, upon complaint made to any justice of the peace, the said justice, upon hearing the said complaint, is hereby authorized and required to direct his warrant to any constable, to cause the sum due, as aforesaid, to be immediately levied upon the goods and chattels of the marshal or goaler, and the goods to be publicly sold by outcry, and satisfaction to be made to the party grieved, returning the overplus, if any, after reasonable fees and charges deducted, to the marshal or goaler. XXI. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the marshal or goaler to detain and keep in custody the bodies of all such runaway slaves, until the owner of them, or their assigns, shall pay unto him the full sum of what he so paid for them, with one shilling in the pound for laying out the money, and so proportionably for a greater or lesser sum, and also one ryal for every twenty four hours the said slave hath been in his custody; and if the marshal or goaler shall willingly or negligently suffer any slave to escape, or by any ways or means to be let out of his custody, before he be duly delivered to the owner or his assigns, and a receipt of the person to whom delivered, wherein shall be inserted the mark or description of the slave delivered, then the said marshal or goaler shall forfeit to the owner, ten pounds, and the full value of the slave or slaves so escaping, or being out of the marshal's custody, as aforesaid, the same being first appraised by any three freeholders, who shall be required to appraise the same by warrant or order of the Governor, or any two justices of the peace; the same to be recovered by action of debt, in the court of common pleas in this Province, brought within six months after such escape. But upon recovery obtained by any person, against the marshal, for any slave or slaves so escaped, and the judgment satisfied and paid, the owner of such slave shall be obliged to assign unto VOL. VII-46. A. D. 1712. A. D. 1712. Acts relating to Slaves. the marshal, all his right, title and interest to the slave or slaves so escaped, and paid for by the marshal, as aforesaid. XXII. And be it further enacted by the authority aforesaid, That no person whatsoever, except the marshal or goaler, shall keep any runaway slave above the aforesaid time of ten days; nor shall the marshal or goaler employ, or suffer to be employed, any slave or slaves in his custody, nor suffer him or them to want sufficient food and water, on the penalty of five pounds for every such offence; and if any marshal or goaler shall suffer any slave in his custody to die for want of food or water, or dry and convenient lodging, the marshal, goaler, or any other person in whose custody the slave was, shall pay the master or owner the full value such slave shall be appraised at by any three freeholders, who shall be required to appraise the same, by warrant or order from the Governor, or any two justices of the peace; the said value, according to such appraisement, to be recovered by action of debt, in the court of common pleas in this Province, brought at any time within six months after the death of the negro or slave. XXIII. And be it further enacted by the authority aforesaid, That the marshal or goaler shall give an account, in writing, at every general sessions that shall be held within this Province, of what slaves he hath in prison, with their marks and names and sex, and the time they have been in his custody, and, as near as he can learn, how long each slave hath been from his respective owner, on the penalty of thirty pounds for every neglect.. XXIV. And be it further enacted by the authority aforesaid, That every captain or commander of a company within this Province, shall be, and is hereby, impowered, on notice to him given of the haunt, residence or hiding place of any runaway slaves, to raise a convenient party of men, not exceeding twenty, with special order from the general, or lieutenant general, and with them to pursue, apprehend and take the said runaway slaves, either alive or dead; any captain or commander who shall neglect his or their duty therein, shall forfeit the sum of thirty pounds; and for every negro or other slave that they shall take, having been run away above six months from his master, they shall receive forty shillings; and for every negro or other slave that they shall take alive, having been run away above twelve months, four pounds, from the masters or owners of the said negro or other slave; and if killed, they shall receive forty shillings from the public. XXV. And be it further enacted by the authority aforesaid, That in case any person or persons whatsoever, shall happen to be maimed, wounded or disabled, either in pursuit, attacking or taking any runaway negro or slave, that then it shall and may be lawful, after the said person's making it appear, by his own oath, or otherwise, to two justices of the peace and three freeholders, for them to adjudge and determine what shall be allowed to the person or persons so disabled, and by virtue of a warrant, under their hands and seals, directed to the public receiver, such sum or sums of money as they shall direct for the said person or persons relief, and the public receiver is hereby required to pay the same accordingly. XXVI. And be it further enacted by the authority aforesaid, That every Indian or slave which shall take up any runaway slave, as aforesaid, and the same shall deliver to the owner or master of the slave, if known, or if not known, then to the marshal, he shall have twenty shillings given him by the owner or master of the said slave, or by the marshal. XXVII. And be it further enacted by the authority aforesaid, That in Acts relating to Slaves. case any negro or other slave shall harbour, conceal, entertain and give victuals to any runaway slave, knowing him or her to be such, that upon complaint made thereof to any justice of the peace, such negro or slave, by order of the justice, shall be severely whipped, not exceeding forty lashes. XXVIII. And whereas, several owners of slaves used to suffer their said slaves to do what and go whither they will, and work where they please, upon condition that their said slaves do bring their aforesaid masters so much money as between the said master and slave is agreed upon, for every day the said slave shall be so permitted to imploy himself, which practice hath been observed to occasion such slaves to spend their time aforesaid, in looking for opportunities to steal, in order to raise money to pay their masters, as well as to maintain themselves, and other slaves, their companions, in drunkenness and other evil courses; for the prevention whereof, Be it enacted by the authority aforesaid, That no owner or master or mistress of any family, after the ratification of this Act, shall suf fer or permit any slave to do what, go whither, or work where, they please, upon condition aforesaid, under the penalty of the forfeiture of five shillings for every day he, she or they shall suffer any slave to do as aforesaid; Provided nevertheless, that nothing in this Act shall be construed or intended to hinder any person from letting their negroes or slaves to hire, by the year, or for any lesser time, or by the day, so as such negro or slave is under the care and direction of his master, or some other person by his order intrusted with the slave, and that the master is to receive the whole of what the slave shall earn. XXIX. And be it further enacted by the authority aforesaid, That no person whatsoever, after the ratification of this Act, shall settle or manage any plantation, cow-pen or stock, that shall be six miles distant from his usual place of abode, and wherein six negroes or slaves shall be imployed, without one or more white persons living and residing upon the same plantation, upon the penalty or forfeiture of forty shillings for each month so offending. XXX. And be it further enacted by the authority aforesaid, That if any negro or other slave, under punishment by his master, or his order, for running away, or any other crimes or misdemeanors towards his said master, unfortunately shall suffer in life or member, which seldom happens, no person whatsoever shall be liable to any penalty therefor. But if any person shall, of wantonness, or only of bloody-mindedness, or cruel intention, violently kill a negro or other slave of his own, he shall pay into the public treasury fifty pounds, current money; but if he shall so kill the slave of another man, he shall pay to the owner of the negro or slave, the full value, and into the public treasury, twenty-five pounds, but not be liable to any other punishment or forfeiture for the same. But if the person so offending be a servant, he or she shall receive, on his or her bare back, nine and thirty lashes, by order of any two justices of the peace before whom the matter shall be proved, and shall also suffer three months imprisonment, without bail or mainprize; which said time of three months that he is imprisoned, he shall serve with his master or mistress, after the expi: ration of his time, and shall be further liable to serve the owner or owners of such slave so killed, the full term of four years, by order of the said justices of the peace. But if any person shall kill any other person's negro or slave by accident, he shall not be liable to any other penalty but the owner's action at law; but if any person shall find any negro or other A. D. 1712. A. D. 1712. Acts relating to Slaves. slave stealing, the said slave making resistance and refusing to submit himself, it shall and may be lawful for such person to kill the said negro or slave, and he shall not be liable to any damage or action for the same; any law, custom or usage to the contrary notwithstanding. XXXI. And be it further enacted by the authority aforesaid, That all the fines and forfeitures mentioned in this Act, not exceeding the sum of forty shillings, and not before particularly disposed of, nor the manner of the recovery directed by this Act, nor the time for the commencing the suit for the same, shall be recovered, prosecuted, adjudged, levied and destrained, by warrant from any one justice of the peace in this Province, as in the Act for the trial of small and mean causes is directed; and the same being so recovered, the one half shall be paid to the church-wardens or the overseers of the poor, for the use of the poor of the parish where the person inhabits against whom the forfeiture is recovered, and the other half to him that will prosecute for the same, at any time within one month. And all the fines and forfeitures mentioned in this Act, exceeding the sum of forty shillings, and not before particularly disposed of, nor the manner of the recovery directed by this Act, nor the time for the commencing the suit for the same, one half thereof shall be and belong to his Excellency the Pallatine, and the rest of the true and absolute lords and proprietors of this Province, to and for the maintenance and support of the government of this Province, and the contingent charges thereof, the same to be paid to the public receiver of this Province, for the time being, to be disposed of by ordinance of the General Assembly of this Province, and the other half to him or them that will sue for the same, at any time within six months after the offence committed, by action of debt, suit, bill, plaint or information, in any court of record in this Province, wherein no essoign, protection, privilege, injunction, wager of law, or stay of prosecution, by non vult ulterius prosequi, or otherwise, shall be admitted or allowed. XXXII. And be it further enacted by the authority aforesaid, That if any action, plaint, suit or information shall be commenced or prosecuted against any person or persons, for what he or they shall do in performance or execution of this Act, such person or persons so sued may plead the general issue, not guilty, and upon issue joined, give this Act and the special matter in evidence; and if the plaintiff or prosecutor shall become non-suit, or suffer discontinuance, or if a verdict pass against him, the defendant or defendants shall recover his or their treble costs, for which he or they shall have the like remedy as in any case where costs by law are given to the defendant. XXXIII. To the intent this Act and every clause and branch thereof, may receive full execution, and no person plead ignorance therein, Be it enacted by the authority aforesaid, That this Act be read and published by the clerk of the common pleas, at the next court of common pleas after the ratification of this Act, as also by the clerk of the crown, or clerk of assize, at the next general sessions, and also at the head of every company, by order of each respective captain or commander of his company, at his first muster after the ratification of this Act, on penalty of five pounds for each default, to be recovered and disposed of as aforesaid. XXXIV. Since charity, and the christian religion, which we profess, obliges us to wish well to the souls of all men, and that religion may not be made a pretence to alter any man's property and right, and that no person may neglect to baptize their negroes or slaves, or suffer them to be baptized, for fear that thereby they should be manumitted and set free, Be |