A. D. 1735. Acts relating to Slaves. slave or slaves are by his or their owners appointed, with an intent or design to send or carry any such slave or slaves out of this Province, every such person, so offending, shall forfeit and pay to the owner or owners so grieved, the sum of five hundred pounds, current money, for every slave so allured and persuaded, to be recovered by action of debt, in the court of common pleas in this Province, at any time within six months after the offence committed; and in case such person shall not satisfy the judgment that shall in such case go against him, within thirty days, the provost marshal shall make application to the next magistrate, who, on such default of payment, shall order every such offender to be branded in the forehead and be publicly whipped, not exceeding thirty-nine lashes. But if any person or persons shall actually send or carry away out of this Province, the slave or slaves of another person, without the owner's consent or privity, or shall be taken in the act of taking or carrying away any slave or slaves, in order to send or convey them out of this Province, every such offence is hereby declared felony, without benefit of clergy; and if the person or persons so offending, shall be legally convicted thereof at the court of general sessions, assize and general goal delivery, he shall suffer death as a felon, accordingly. XVI. And be it further enacted by the authority aforesaid, That in case any negro or slave shall run away from his owner, with intent to go off this Province, in order to deprive his owner of his service, every slave, being declared guilty of the same by two justices and three freeholders, or a quorum of them, as aforesaid, shall be subject to suffer such corporal punishment as the said justices and freeholders shall think proper. And if several slaves be concerned in a gang together, in running away off this Province, and be re-taken, one or two, or more, of whom, the said justices and freeholders shall think the greatest offenders, shall suffer death, and the rest shall be punished as the said justices and freeholders shall think reasonable. And the owner or owners of the negroes saved shall contribute equally, as aforesaid, to make up to the other owner or owners the loss sustained by the slave or slaves so executed; and if all the gang so taken shall belong to one person, he shall bear the loss himself. And in case any negro or slave shall be guilty of enticing or persuading any other slave to run from his owner's service, and to depart this Province, and being convicted of the same before the justices and freeholders, in manner aforesaid, such negro or slave shall be severely whipped, not exceeding thirty-nine lashes, and shall also be branded on the forehead with a red hot iron. XVII. And be it further enacted by the authority aforesaid, That if any negro or slave shall strike a white person, such negro or slave, for his or her first offence, on information thereof, upon oath, to any two justices of the peace, shall be severely whipped, and have his or her right ear cut off; and for the second offence of that kind, it shall be left to two justices and three freeholders, or a quorum of them, as aforesaid, to order any punishment to be inflicted on such offender, as they, in their discretion, shall think fit, death excepted. And in case any negro or slave shall wound, maim, bruise or disable any white person, such offender is to be tried by two jus tices and freeholders, as aforesaid, and, convicted thereof, shall be punished with death; Provided always, that such striking, conflict or maim. ing be not by command, or in the lawful defence of, his or her owner or manager, or of their family or goods. XVIII. And be it further enacted by the authority aforesaid, That any two justices of the peace, who, together with three freeholders, shall, by Acts relating to Slaves. virtue of this Act, proceed to try any negro or slave, shall fairly write, or cause to be written, the proceedings, judgment and execution, and all other matters relating thereto, and the same shall certify to the clerk of the crown and peace, in Charlestown, within three months after such trial, there to be by such clerk kept as a record of such proceedings, upon pain of forfeiting to the informer, for every such neglect or default, the sum of ten pounds from each of the said justices and freeholders, to be recovered by warrant of distress from the chief justice and any two other of the puisne judges or justices, who are hereby empowered to order such distress to be sold by public outcry, and the overplus to be returned to the owner. XIX. And be it further enacted by the authority aforesaid, That all such persons as shall apprehend and secure any runaway slave, and shall bring him or her to his or their proper owner, shall receive twenty shillings from the said owner, or from the manager of the plantation to which such runaway belongs, and also twelve pence per mile for the mileage, going to such owner or manager. But if they know not the owner of such runaway, or that the dwelling or plantation of such owner be further off than Charlestown, then they shall bring the said slaves to the next constable, who shall deliver such runaway slave or slaves to the constable of the next Parish, and so on till such slave or slaves shall be delivered to his, her or their owner, or to the provost marshal, in Charlestown, within five days after such slave is taken, upon pain of forfeiting the sum of twenty shillings for every day above the said five days, after a reasonable time be allowed for the journey, and provided such slave be able to travel; which said provost marshal or owner, is hereby required to pay the allowance aforesaid, for the apprehending and mileage, as aforesaid, which, if paid by the marshal, shall be re-paid by the owner. And any white person delivering any fugitive slave to the marshal, as aforesaid, shall certify his name, place of abode, with time and place where such slave was taken or delivered to him, and that he knew of no ticket such slave had; all which the provost marshal is to publish in the gazette, and in case there be no gazette, then in some other notable manner; and shall sign the deliverer a receipt for such negro or slave given into his custody. And in case the provost marshal shall refuse payment to any person who shall bring him a fugitive slave, as is hereinbefore provided, upon complaint thereof to any justice of peace, the same is hereby directed to be recovered as provided by the law for the trial of small and mean causes. XX. And forasmuch as slaves are sometime suspected to be runaway for want of sufficient allowance and provisions; Be it further enacted by the authority aforesaid, That if it shall appear to any two justices of the peace, that the slaves in any plantation of that parish are not sufficiently provided with victuals, the said justices and two freeholders, or a quorum of them, shall have power to condemn the owners, managers, or the attornies of the owners of such slaves, in the forfeiture of any sum not exceeding twenty pounds, current money, and to order execution for the same, if payment be refused on demand thereof. XXI. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the provost marshal, or his gaoler, to detain all such runaway slaves in custody, till the said marshal or gaoler is satisfied the money he advanced for the same to the deliverer, as by this Act is before directed, and the further sum of one shilling in the pound for advancing the same, and also the sum of five shillings for every twentyfour hours the said slave has been in his custody, rateably and proportionably, ten shillings for putting on and knocking off the irons, and no other A. D. 1735. A. D. 1735. Acts relating to Slaves. fee whatsoever. And if the said marshal or gaoler shall voluntarily suffer any slave or slaves to escape out of his custody or power, before they be delivered to the owner or manager, or to some person by their order, in writing, the marshal or gaoler shall, in such case, forfeit and pay to the said owner or manager, the full value of the slave or slaves so escaped, to be recovered by action of debt in the court of common pleas in this Province; Provided nevertheless, that if the said slave or slaves shall be retaken, the marshal or gaoler shall restore the same to the said owner or manager, on his request thereof, and on returning the money which he was paid for the same by the said marshal or gaoler, but the said owner is to be exempt from all fees occasioned by such recaption. XXII. And be it further enacted by the authority aforesaid, That if the marshal or gaoler shall work, or employ, or suffer any slave in his custody to be worked or employed, which was delivered into the custody of the said marshal as a fugitive slave, or shall suffer such slave to want sufficient food and water, the said marshal or gaoler shall, for every day's offence, forfeit to the owner or manager of the said slave, the sum of ten shillings, from the first day he was received into the prison; and if the said marshal, gaoler, or other person having custody as aforesaid of any slave or slaves delivered to him or them as fugitive slaves, shall let any such slave or slaves starve or perish for want of sufficient food and water, or dry lodg. ing, the said marshal, gaoler, or other person having such slave or slaves in custody as aforesaid, shall pay to the owner or manager of such slave or slaves, the full value of the same, to be appraised by any three freeholders, by order of any two justices of the peace; and the said appraised value is to be recovered within six months after the death of the said slave or slaves, by action of debt in the court of common pleas of this Province. XXIII. And be it further enacted by the authority aforesaid, That every field officer, captain, commander and lieutenant of a company within this Province, shall be, and is hereby, required and empowered, on notice given to him or them of the haunt, cabal, residence or hiding place of any runaway or other slaves, to raise a convenient party of men as a patroll, with equal privileges and power of a patroll, and with them to pursue and apprehend the said slaves, alive or dead; and for every runaway slave taken alive and brought to his owner, (if run away above six months before,) they shall receive ten pounds from the said master or owner; and if refused, shall recover the same as provided by law for the trial of small and mean causes. XXIV. And be it further enacted by the authority aforesaid, That in case any person or persons whatsoever, whether a free man or a slave, shall happen to be wounded, maimed or disabled, either in pursuing, attacking or taking any such runaway slave or slaves, then it shall and may be lawful for any two justices of the peace and three freeholders, on the said person's oath or other evidence, to adjudge and determine what shall be allowed to the person so wounded, maimed or disabled, and, by virtue of an order under their hands and seals, shall direct the public receiver to pay to the said person or persons such sum or sums of money as they shall think fit for his or their relief, which the said receiver is hereby required to pay accordingly. XXV. And be it further enacted by the authority aforesaid, That if any negro or other slave shall harbor or entertain, conceal or give victuals to, any runaway slave, upon complaint thereof to any one justice of peace, such negro or other slave, by order of the said justice, shall be severely whipped, not exceeding thirty-nine lashes. Acts relating to Slaves. XXVI. And whereas, several owners of slaves do suffer their slaves to go where they will, and work where they please, upon condition that such slaves do pay their said owners a certain sum of money, agreed upon between the said owners and slaves, which practice has occasioned such slaves to pilfer and steal, to raise money for their said owners, as well as to maintain themselves and companions in drunkenness and evil courses; for the prevention whereof, Be it enacted by the authority aforesaid, That no owner, master or mistress of a family, after the ratification of this Act, shall suffer or permit any slave of his, hers or theirs, to go whither or work where they please, under the penalty of forfeiting ten pounds current money for every such offence; to be paid to the informer or any person who shall sue for the same, to be recovered as is directed by the law for the trial of small and mean causes. And every person employing any slave without a ticket from the owner of such slave, shall forfeit, to the informer, five pounds current money, for each day he so employs him, over and above the wages agreed to be paid to such slave for his work; Provided nevertheless, that the said penalty of five pounds per diem, shall not extend to any person whose property in such slave is disputed; and provided, that nothing here. in contained shall hinder any person or persons from hiring out by the year, week or day, or any other time, any negroes or slaves, to be under the care and directon of his or their owner, master or employer; and that the master or owner is to receive the whole of the earnings of such slave or slaves; and that the employer have a certificate or note in writing, of the time and terms of such slave's employment, from the owner, attorney or overseer of every such slave, severally and respectively. XXVII. And be it further enacted by the authority aforesaid, That no person whatsoever, from and after the ratification of this Act, shall settle or manage any plantatiou, cowpen or stock, wherein ten taxable negroes or slaves shall be employed, without one white man living and residing on the said plantation, upon the penalty or forfeiture of ten pounds current money, for every month any person shall so offend; half which to go to the informer, and the other half to the poor of the parish where such plantation lies, to be recovered as provided by the law for the trial of small and mean causes. XXVIII. And be it further enacted by the authority aforesaid, That if any slave under punishment by his owner or his authority, or by authority of this Act, for running away, or other crime or misdemeanor towards his said owner, shall suffer in life or member, no person shall be liable to answer for the same; but if any person shall cruelly or willfully kill a slave of his own, he or she shall pay into the treasury five hundred pounds current money; to be recovered by the public treasurer, by bill, plaint or information, in any court of record in this Province. But if any person shall cruelly or wilfully kill the slave of another, except as before excepted, he shall pay the owner the value of the same, and shall pay the public treasurer the sum also of five hundred pounds current money, to be recovered in manner last aforesaid, both which forfeitures so payable to the treasurer, shall enure one half to his Majesty for the support of this government, and the other half to such person or party who shall inform and sue for the same; and such person shall not be liable to any further punishment or forfeiture for the same. But if any person so offending, be unable to satisfy the value or forfeitures aforesaid, such person shall, by order of any two justices, be whipped on the bare back, not exceeding thirty-nine lashes, and shall serve the owner of the slave so killed, or his assigns, the VOL. VII-50. A. D. 1735. A. D. 1735. Acts relating to Slaves. full term of three years, in satisfaction of the said owner's loss of his slave; but if any person's slave shall be killed by accident, the owner of such slave is left to his action at law, and no other penalty shall affect any person who happens to kill any slave by accident. But if any person shall find or perceive any negro or slave stealing, robbing, or committing burglary, (and that such negro or slave runs away, resists or refuses to submit,) in such case, it shall and may be lawful for any such person perceiving such actual or intended mischief, to kill every such negro or slave, and shall not be liable to any damage for the same; any law, usage or custom to the contrary notwsthstanding. XXIX. And be it further enacted by the authority aforesaid, That if any person shall be sued or prosecuted for what he shall do in performance, execution, or by virtue of this Act, every such person may plead the general issue, and give this Act and the special matter in evidence. And if the plaintiff or prosecutor shall suffer a discontinuance, or become non-suit, or that a verdict pass against him, the defendant shall recover his treble cost of suit, and shall have such remedy to compel the payment of the same, as is usually given for the recovery of costs. XXX. And be it further enacted by the authority aforesaid, That all and every person and persons, for every matter or thing whatever, which, before the ratification of this Act, has been done by them in performance, execution or by virtue of a former Act, entitled "An Act for the better ordering and governing of negroes and other slaves," ratified the twentythird day of February, one thousand seven hundred and twenty-two, shall have liberty to give the said Act and any other matter in evidence, as fully as if the said Act was still in force, and shall also have the benefit of the said Act as to the allowance of costs, as if the said Act was still subsisting. XXXI. And whereas, great inconveniences do arise from negroes and other slaves breeding and keeping horses, whereby they convey intelligence from one part of the country to another, and carry on plots and mischievous contrivances; Be it therefore further enacted by the authority aforesaid, That every justice of the peace, in the county where he lives, who shall know or hear of any slave keeping any horse, horses, or neat cattle, shall by warrant empower any constable of that parish to take away and sell the same; and the money thereby arising is to be given to the churchwardens, for the use of the poor of the said parish. And if the owner of any slave, or other white person, shall vouch such horse or neat beast so taken, to belong to him or them, the proof of such assertion shall lie upon the claimer, who shall make oath before the said justice who caused the said horse or beast to be taken away, that such horse or neat beast, at the time it was so taken, did, bona fide, belong to him the claimer, and not to any negro or slave whatever : But if, upon the circumstances, sufficient cause shall not appear to the said justice why the said horse or beast should not be sold, at a day and place prefixed for that purpose, the said justice shall proceed to sell the said horse or neat beast, or shall cause the same to be sold; which sale shall be binding to and against all persons whatsoever. And it shall be lawful for any person to seize hogs kept by slaves for their own use, and also all boats and canoes belonging to slaves, who, upon such seizure, are to give notice thereof to any neighboring justice of peace, who is hereby directed to proceed to sell the same in manner aforesaid; and if the person claiming such horse, beast, hogs, boat or canoe, shall sue or prosecute the seizer or buyer of the same, the defendant or defendants in the said cause shall be at liberty to plead the general issue, and give the |