A. D. 1740. provisions, &c. with a ticket. Acts relating to Slaves. 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 em. ployed in any part of this Province, without the limits of Charlestown, to give a license or permission to sell, exchange or barter in Charlestown, or elsewhere, within this Province, the goods or commodities of the owner, or other person having the care or government of such slave; provided 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 and government of such slave, or by some other person by his, her or their order and direction. XXXV. Provided also, and be it enacted by the authority-aforesaid, That Slaves allowed this Act shall not extend or be construed to extend to debar any of the to buy and sell inhabitants of Charlestown from sending any of their slaves residing therein, to sell in open market, any sort of provisions whatever, which the owner of such slave shall have received and brought from his or her 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 master's and mistress's 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. Slaves not to home without be absent from XXXVI. And for that as it is absolutely necessary to the safety of this Province, that all due care be taken to restrain the wanderings and meetings of negroes and other slaves, at all times, and more especially on a ticket, nor to Saturday nights, Sundays, and other holidays, and their using and carry. keep arms, ing wooden swords, and other mischievous and dangerous weapons, or horns, &c. using or keeping of drums, horns, or other loud instruments, which may call together or give sign or notice to one another of their wicked designs and purposes; and that all masters, overseers and others may be enjoined, diligently and carefully to prevent the same, Be it enacted by the authority aforesaid, That it shall be lawful for all masters, overseers and other per sons whomsoever, to apprehend and take up any negro or other slave that shall be found out of the plantation of his or their master or owner, at any time, especially on Saturday nights, Sundays, or other holidays, not being on lawful business, and with a letter from their master, or a ticket, or not having a white person with them; and the said negro or other slave or slaves, met or found out of the plantation of his or their master or mistress, though with a letter or ticket, if he or they be armed with such offensive weapons aforesaid, him or them to disarm, take up and whip: And whatsoever master, owner or overseer shall permit or suffer his or their negro or other slave or slaves, at any time hereafter, to beat drums, blow horns, or use any other loud instruments, or whosoever shall suffer and countenance any public meeting or feastings of strange negroes or slaves in their plantations, shall forfeit ten pounds, current money, for every such offence, upon conviction or proof as aforesaid; provided, an information or other suit be commenced within one month after forfeiture thereof for the same. XXXVII. And whereas, cruelty is not only highly unbecoming those who profess themselves christians, but is odious in the eyes of all men who have any sense of virtue or humanity; therefore, to restrain and prevent barbarity being exercised towards slaves, Be it enacted by the Acts relating to Slaves. A. D. 1740. authority aforesaid, That if any person or persons whosoever, shall wilfully murder his own slave, or the slave of any other person, every such person killing or Penalty for shall, upon conviction thereof, forfeit and pay the sum of seven hundred cruelly using a pounds, current money, and shall be rendered, and is hereby declared alto. slave. gether and forever incapable of holding, exercising, enjoying or receiving the profits of any office, place or employment, civil or military, within this Province: And in case any such person shall not be able to pay the penalty and forfeitures hereby inflicted and imposed, every such person shall be sent to any of the frontier garrisons of this Province, or committed to the work house in Charlestown, there to remain for the space of seven years, and to serve or to be kept at hard labor. And in case the slave murdered shall be the property of any other person than the offender, the pay usually allowed by the public to the soldiers of such garrison, or the profits of the labor of the offender, if committed to the work house in Charlestown, shall be paid to the owner of the slave murdered. And if any person shall, on a sudden heat or passion, or by undue correction, kill his own slave, or the slave of any other person, he shall forfeit the sum of three hundred and fifty pounds, current money. And in case any person or persons shall wilfully cut out the tongue, put out the eye, castrate, or cruelly scald, burn, or deprive any slave of any limb or member, or shall inflict any other cruel punishment, other than by whipping or beating with a horse-whip, cow-skin, switch or small stick, or by putting irons on, or confining or imprisoning such slave, every such person shall, for every such offence, forfeit the sum of one hundred pounds, current money. thing and food. XXXVIII. And be it further enacted by the authority aforesaid, That in case any person in this Province, who shall be owner, or shall have Slaves to be the care, government or charge of any slave or slaves, shall deny, neglect provided with or refuse to allow such slave or slaves, under his or her charge, sufficient sufficient clocloathing, 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 neighboring justice, in the parish where 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 enquire of, hear and determine the same; and if the said justice shall find the said complaint to be true, or that such person will not 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. In case of cru to be dealt XXXIX. And whereas, by reason of the extent and distance of plantations in this Province, the inhabitants are far removed from each other, elty to slave, and many cruelties may be committed on slaves, because no white person the owner how may be present to give evidence of the same, unless some method be vided for the better discovery of such offences; and as slaves are under the government, so they ought to be under the protection, of masters and managers of plantations; Be it therefore further enacted by the authority afore pro- with. ed. A. D. 1740. Acts relating to Slaves. said, That if any slave shall suffer in life, limb or member, or shall be maimed, beaten or abused, contrary to the directions and true intent and meaning of this Act, when no white person shall be present, or being present, shall neglect or refuse to give evidence, or be examined upon oath, concerning the same, in every such case, the owner or other person who shall have the care and government of such slave, and in whose possession or power such slave shall be, shall be deemed, taken, reputed and adjudged to be guilty of such offence, and shall be proceeded against accordingly, without further proof, unless such owner or other person as aforesaid, can make the contrary appear by good and sufficient evidence, or shall by his own oath, clear and exculpate himself; which oath, every court where such offence shall be tried, is hereby empowered to administer, and to acquit the offender accordingly, if clear proof of the offence be not made by two witnesses at least; any law, usage or custom to the contrary notwithstanding. XL. And whereas, many of the slaves in this Province wear clothes Apparel of much above the condition of slaves, for the procuring whereof they use slaves regulat- sinister and evil methods: For the prevention, therefore, of such practices for the future, Be it enacted by the authority aforesaid, 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, osnabrigs, blue linen, check linen or coarse garlix, or callicoes, checked cottons, or Scotch 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 negre cloth, duffils, coarse kerseys, osnabrigs, blue linen, check linen or coarse garlix or callicoes, checked cottons or Scotch plaids, as aforesaid; and all and every constable and other persons are hereby authorized, 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, osnabrigs, blue linen, check linen, or coarse garlix, or calicoes, checked cottons or Scotch 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 always, 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 neighboring justice of the peace, who is hereby authoriz ed and empowered to determine any difference or dispute that shall happen thereupon, according to the true intent and meaning of this Act. Guns not to be unnecessarily fired in the night time. XLI. And whereas, an ili custom has prevailed in this Province, of firing guns in the night time; for the prevention thereof for the future, Be it enacted by the authority aforesaid, That if any person shall fire or shoot off any gun or pistol in the night time, after dark and before day-light, without necessity, every such person shall forfeit the sum of forty shillings, current money, for each gun so fired as aforesaid, to be recovered by warrant from any one justice of the peace for the county where the offence is committed, according to the direction of the Act for the trial of small and mean causes, and 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. XLII. And be it further enacted by the authority aforesaid, That no slave or slaves shall be permitted to rent or hire any house, room, store or Acts relating to Slaves. A. D. 1740. Slaves not to Nor to travel 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, rent houses or room, store or plantation, to any slave or slaves, or to any free person, to plantations. be occupied by any slave or slave, every such person so offending shall forfeit and 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 causes. XLIII. And whereas, it may be attended with ill consequences to permit a great number of slaves to travel together in the high roads without some the highways white person in company with them; Be it therefore enacted by the autho- in numbers. rity aforesaid, That no men slaves exceeding seven in number, shall hereafter be permitted to travel together in any high road in this Province, without some white person with them; and it shall and may be lawful for any person or persons, who shall see any men slaves exceeding seven in number, without some white person with them as aforesaid, travelling or assembled together in any high road, to apprehend all and every such slaves, and shall and may whip them, not exceeding twenty lashes on the bare back. worked. XLIV. And whereas, many owners of slaves, and others who have the care, management and overseeing of slaves, do confine them so closely to hard Nor to be overlabor, that they have not sufficient time for natural rest; Be it therefore enacted by the authority aforesaid, That if any owner of slaves, or other person who shall have the care, management or overseeing of any slaves, shall work or put to labor any such slave or slaves, more than fifteen hours in four and twenty hours, from the twenty-fifth day of March to the twenty-fifth day of September, or more than fourteen hours in four and twenty 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 such complaint shall be made. write. XLV. And whereas, the having of slaves taught to write, or suffering them to be employed in writing, may be attended with great inconvenien- Nor taught to ces; Be it therefore enacted by the authority aforesaid, That all and every person and persons whatsoever, who shall hereafter teach, or cause any slave or slaves to be taught, to write, or shall use or employ any slave as a scribe in any manner of writing whatsoever, hereafter taught to write, every such person and persons, shall, for every such offence, forfeit the sum of one hundred pounds current money. XLVI. And whereas, plantations settled with slaves without any white person thereon, may be harbours for runaways and fugitive slaves; Be it No person to therefore enacted by the authority aforesaid, That no person or persons keep slaves on a plantation hereafter shall keep any slaves on any plantation or settlement, without without a white having a white person on such plantation or settlement, under pain of for- person with feiting the sum of ten pounds current money, for every month which any such person shall so keep any slaves on any plantation or settlement, without a white person as aforesaid. XLVII. And whereas, many disobedient and evil minded negroes and other slaves, being the property of his Majesty's subjects of this Province, have lately deserted the service of their owners, and have fled to St. Augustine and other places in Florida, in hopes of being there received and protected; and whereas, many other slaves have attempted to follow the same evil and pernicious example, which, (unless timely prevented,) may tend to the very great loss and prejudice of the inhabitants of this Province; Be it therefore enacted by the authority aforesaid, That from and after the them. A. D. 1740. Acts relating to Slaves. passing of this Act, any white person or persons, free Indian or Indians, Reward for ap- who shall, on the south side of Savannah river, take and secure, and shall prehending slaves escaped from thence bring to the work house in Charlestown, any negroes or other beyond the Sa-slaves, which within the space of six months have deserted, or who shall vannah. How to be paid, &c. hereafter desert, from the services of their owners or employers, every such white person or persons, free Indian or Indians, on evidence of the said slaves being taken as aforesaid, and the same certified by any two justices of the peace in this Province, shall be paid by the public treasurer of this Province the several rates and sums following, as the case shall appear to be; provided always, that nothing in this clause contained shall extend to such slaves as shall desert from any plantation situate within thir ty miles of the said Savannah river, unless such slaves last mentioned shall be found on the south side of Altamahaw river; that is to say :--for each grown man slave brought alive, the sum of fifty pounds; for every grown woman or boy slave above the age of twelve years brought alive, the sum of twenty five pounds; for every negro child under the age of twelve years, brought alive, the sum of five pounds; for every scalp of a grown negro slave, with the two ears, twenty pounds; and for every negro grown slave, found on the south side of St. John's river, and brought alive as aforesaid, the sum of one hundred pounds; and for every scalp of a grown negro slave with the two ears, taken on the south side of St. John's river, the sum of fifty pounds. XLVIII. And be it further enacted by the authority aforesaid, That the expense of taking and securing all slaves brought alive as aforesaid, shall be at the charge of the respective owners; and no such slave or slaves taken on the south side of Savannah river, and brought to the work house of Charlestown, as aforesaid, shall be delivered out of the custody of the warden of the said work house, without a certificate to him first produced, from the public treasurer of this Province, that the money by him dis bursed, for the taking and securing the said slave or slaves, is fully satisfied to the treasurer, besides the following fees, which the said treasurer is hereby required to allow, pay and charge for the trouble necessary to be taken concerning the place and manner of apprehending the said slaves, viz:-to the two justices who shall examine, take and certify the said evidence, for each slave brought alive, the sum of forty shillings; and to the treasurer for his trouble in executing this Act, for each slave brought alive as aforesaid, the sum of twenty shillings; and to the warden of the work house, the sum of three shillings and nine pence per diem, for his main. taining the same while in custody. And on the commitment of any slave or slaves to the custody of the said warden, where the public treasurer shall, by virtue of this Act, expend any money for apprehending the same, the said warden is hereby required to advertise in the public gazette of this Province for the space of three months, the best description he can form of all and every the said slaves, with the place and manner of their being taken; and in case the owner or employer of the said slave or slaves, shall neglect within that time, to redeem the said slave or slaves, by fully satisfying the public treasurer the charges he shall be at, in such manner and proportion as by this Act is directed, then, and in every such case, the said public treasurer shall be at liberty to dispose of every such slave or slaves to the best bidder at public auction, which sale shall be deemed good and effectu al, to all intents and purposes, to such person or persons as shall purchase the same; and the produce of every such slave or slaves, shall first go towards satisfying the expense of the said public treasurer and warden of |