Acts relating to Slaves. the work house, for the taking, securing and keeping the said slave or slaves, as aforesaid; and then the surplus, (if any,) shall be paid to the respective owner or owners. A. D. 1740. to owners of XLIX. And be it further enacted by the authority aforesaid, That from and after the passing of this Act, where any slave or slaves shall be tried Compensation and condemned to be executed for deserting out of this Province, every slaves execu such slave or slaves shall, before their execution, be valued by the tryers ted. of the same; and in every such case the owner or owners of every such slave, shall be paid by the public of this Province, the full sum and rates at which such executed slave or slaves shall be valued as aforesaid, without being a charge to any particular owner or owners; any law, usage or custom to the contrary notwithstanding. L. And be it further enacted by the authority aforesaid, That all charge of taking and bringing in of slaves as aforesaid, shall be defrayed and paid by the public. LI. And be it further enacted by the authority aforesaid, That if any constable or other person, directed or required to do or perform any matter Penalty on persons failing to or thing, required, commanded or enjoined by this Act, who shall know or carry this Act be credibly informed of any offence which shall be committed against this into execution. Act, within his parish, precinct or limits, and shall not give information thereof to some justice of the peace, and endeavor the conviction of the offenders according to his duty, but such constable or other person as aforesaid, or any person lawfully called in aid of the constable or such other person as aforesaid, shall wilfully and willingly omit the performance of his duty in the execution of this Act, and shall be thereof convicted, he shall forfeit for every such offence, the sum of twenty pounds current money. And in case any justice of the peace, warden of the work house, or freeholder, shall wilfully or willingly omit the performance of his duty in the execution of this Act, every such justice of the peace and warden of the work house, shall forfeit the sum of forty pounds current money; and every such freeholder shall forfeit the sum of fifteen pounds current money; which several penalties shall be recovered and disposed of as hereafter is directed; and moreover, the judges and justices of the court of general sessions or the peace, oyer and terminer, assize and general gaol delivery, are hereby commanded and required to give the offenders against this Act in charge in open court; and all grand juries, justices of the peace, constables, and other officers, are hereby required to make due and true present. ment of such of the said offences as come to their knowledge, LII. And be it further enacted by the authority aforesaid, That if any person shall be at any time sued for putting in execution any of the powers Persons sued contained in this Act, such person shall and may plead the general issue, for putting this and give the special matter and this Act in evidence; and if the plaintiff Act into execution, inay plead be nonsuit, or a verdict pass for the defendant, or if the plaintiff discontinue the general his action, or enter a noli prosequi, or if upon demurrer judgment be given issue. for the defendant, every such defendant shall have his full double costs. LIII. And be it further enacted by the authority aforesaid, That this Act, and all clauses therein contained, shall be construed most largely and This Act, how beneficially for the promoting and carrying into execution this Act, and for the encouragement and justification of all persons to be employed in the execution thereof; and that no record, warrant, process or commitment to be made by virtue of this Act, or the proceedings thereupon, shall be reversed, avoided, or any way impeached, by reason of any default in form. to be construed. ་ A. D. 1740. Penalties and forfeitures, how to be re covered and applied. The late rebellion. Acts relating to Slaves. LIV. And be it further enacted by the authority aforesaid, That all fines, penalties and forfeitures imposed or inflicted by this Act, which are not hereby particularly disposed of, or the manner of recovery directed, shall, if not exceeding the value of twenty pounds current money, be recovered, levied and distrained for, by warrant from any one justice of the peace, in the county or precinct where such offence shall be committed, according to the Act for the trial of small and mean causes; and in case such fine, penalty or forfeiture shall exceed the value of twenty pounds current money, the same shall be recovered by action of debt, bill, plaint or infor mation, in any court of record in this Province, wherein no privilege, protection, essoign, wager of law, or non vult ulterius prosequi, or any more than one imparlance, shall be admitted or allowed; and all the said fines, penalties and forfeitures, which shall be recovered by this Act, and are not before particularly disposed of, shall be applied and disposed of, one half to his majesty, his heirs and successors, to be applied by the General Assembly for the use of this Province, and the other half to him or them who will sue or inform for the same. LV. And be it further enacted by the authority aforesaid, That his Majesty's part of the fines, penalties and forfeitures which shall be recovered by virtue of this Act, shall be paid into the hands of the justices, or in the court where the same shall be recovered, who shall make a memorial and record of the payment of the same, and shall, without delay, send a transcript of such memorial or record to the public treasurer of this Province, from the said courts or justices who shall receive his Majesty's part of such fines and forfeitures; which memorial shall be a charge on the judges or justices respectively to whom the same shall be paid; and the public treasurer of this Province for the time being, shall and may, and he is hereby authorized and empowered to, levy and recover the same by warrant of distress, and sale of the goods and chattels of the said judges or justices respectively, who shall be charged with the same, in case they or any of them shall neglect or refuse to make such memorial or record as aforesaid, or send such transcript thereof, as before directed, or shall neglect or refuse to pay the same over to the treasurer within twenty days after the receipt of the same; Provided always, that no person shall be prosecuted for any fine, forfeiture or penalty imposed by this Act, unless such prosecution shall be commenced within six months after the offence shall be committed. LVI. And whereas, several negroes did lately rise in rebellion, and did commit many barbarous murders at Stono and other parts adjacent thereto; and whereas, in suppressing the said rebels, several of them were killed and others taken alive and executed; and as the exigence and danger the inhabitants at that time were in and exposed to, would not admit of the formality of a legal trial of such rebellious negroes, but for their own security, the said inhabitants were obliged to put such negroes to immediate death; to prevent, therefore, any person or persons being questioned for any matter or thing done in the suppression or execution of the said rebellious negroes, as also any litigious suit, action or prosecution that may be brought, sued or prosecuted or commenced against such person or perons for or concerning the same; Be it enacted by the authority aforesaid, That all and every act, matter and thing, had, done, committed and executed, in and about the suppressing and putting all and every the said negro and negroes to death, is and are hereby declared lawful, to all intents and purposes whatsoever, as fully and amply as if such rebellious negroes had undergone a formal trial Acts relating to Slaves. and condemnation, notwithstanding any want of form or omission whatever in the trial of such negroes; and any law, usage or custom to the contrary thereof in any wise notwithstanding, LVII. And be it further enacted by the authority aforesaid, That this Act shall be deemed a public Act, and shall be taken notice of without pleading the same before all judges, justices, magistrates and courts within this Province. LVIII. And be it further enacted by the authority aforesaid, That this Act shall continue in force for the space of three years, and from thence to the end of the next session of the General Assembly, and no longer. C. PINCKNEY, Speaker. In the Council Chamber, the 10th day of May, 1740. A. D. 1743. THE No. 702. AN ACT FOR THE BETTER SECURITY OF THIS PROVINCE AGAINST 66 WHEREAS, it is necessary to make some further provision for securing the inhabitants of this Province against the insurrections and other wicked attempts of negroes and other slaves within the same; we therefore humbly pray his most sacred Majesty that it may be enacted; church. L I. And be it enacted by the honorable William Bull, Esq., Lieutenant Governor and Commander-in-Chief in and over his Majesty's Province of The citizens to South Carolina, by and with the advice and consent of his Majesty's hono-go armed to rable Council, and the Commons House of Assembly of this Province, and by the authority of the same, That within three months from the time of passing this Act, every white male inhabitant of this Province, (except travellers and such persons as shall be above sixty years of age,) who, by the laws of this Province is or shall be liable to bear arms in the militia of this Province, either in times of alarm or at common musters, who shall, on any Sunday or Christmas day in the year, go and resort to any church or any other public place of divine worship within this Province, and shall not carry with him a gun or a pair of horse pistols, in good order and fit for service, with at least six charges of gun-powder and ball, and shall not carry the same into the church or other place of divine worship as aforesaid, every such person shall forfeit and pay the sum of twenty shillings, current money, for every neglect of the same, the one half thereof to the churchwardens of the respective parish in which the offence shall be committed, for the use of the poor of the said parish, and the other half to him or them who will inform for the same, to be recovered on oath, before any of his Majesty's justices of the peace within this Province, in the same way VOL. VII.-53. A. D. 1743. Proviso as to Acts relating to Slaves. and manner that debts under twenty pounds are directed to be recovered by the Act for the trial of small and mean causes. II. Provided, and be it further enacted, That nothing hereinbefore contained shall be construed to extend to persons living within the parish of St. Philip's, Charlestown; but in lieu thereof, the whole watch of Charlestown, aforesaid, shall be obliged to perform watch and ward under arms, during divine service, in the same manner as a part only of the said watch are now by law enjoined to do, and for which a pay or additional allowance of ten pounds per annum shall be given to every man of the said watch, to be paid by an assessment on the inhabitants of Charlestown, according to the method already laid down for the payment of the said watch. III. And to the intent that this Act may be more duly carried into execution, by which the inhabitants of this Province may be the better secured and provided against the insurrections and other wicked attempts of negroes Duty of church and other slaves, Be it further enacted by the authority aforesaid, That the wardens, dea church-warden and church-wardens of each respective parish, and the deacons, &c. con or deacons, and elder or elders, or either of them, resorting to other places of public worship in this Province, (excepting the places of public worship within the parish of St. Philip's, Charlestown,) who shall be at any such church, or other place of public worship, as aforesaid, where any person liable to bear arms, as aforesaid, shall come and resort without his gun or pair of horse pistols and ammunition, as aforesaid, and such church-warden or church-wardens, deacon or deacons, elder or elders, who shall wilfully neglect, after having notice of the offence, to inform against such person so offending against this Act, in order to recover the penalty, as aforesaid, every such church-warden or church-wardens, deacon or deacons, elder or elders, who shall happen to be at such church or other place of divine worship as aforesaid, when such offence against this Act shall be committed, and who shall wilfully neglect, after having notice of the offence, to inform as aforesaid, within twenty days next after such offence committed, shall forfeit and pay, for every such neglect, to any person who will inform for the same within five days next after the expiration of the said twenty days, the sum of twenty shillings, current money of the Province aforesaid, for every person so offending as aforesaid, to be recovered as afore said. IV. And be it further enacted by the authority aforesaid, That in case Penalty for ne- any person or persons, as aforesaid, liable to bear arms, as aforesaid, being at glect. such church or other place of divine worship, as aforesaid, who shall refuse or neglect, on demand of the said church-warden or church-wardens, deacon or deacons, elder or elders, respectively, (or in case none such shall be present, then on demand of any commissioned officer of the militia in this Province,) to produce and shew his gun or pair of horse pistols and ammunition, required so to be brought with such person and persons, as aforesaid, to the intent it may be known whether the same are fit for immediate use and service, every such person so refusing or neglecting to produce and shew the same, shall, for every such offence, forfeit and pay the sum of twenty shillings, current money, to be recovered, paid and applied in the same way and manner, and to the same uses, as the first forfeiture in this Act mentioned is directed to be recovered, paid and applied. V. And whereas, an Act of the General Assembly of this Province, entitled "An Act for the better ordering and governing negroes and other slaves in this Province," which hath been found to be a wholesome and beneficial law, is near expiring; Be it therefore enacted by the authority Acts relating to Slaves. A. D. 1747. Act of 1740 re aforesaid, that the said Act entitled "An Act for the better ordering and governing negroes and other slaves in this Province," passed the tenth day vived and conof May, in the year of our Lord one thousand seven hundred and forty, be, tinued. and is hereby declared to be, revived, continued and enacted to be of full force and virtue for and during and unto the full end and term of three years after the passing of this Act, and from thence to the end of the next session of the General Assembly, and no longer; and this Act, and every matter and thing herein contained, shall continue and be of force for the same time, and no longer. BENJ. WHITAKER, Speaker. In the Council Chamber, the 7th day of May, 1743. AN ACT FOR GIVING FREEDOM ΤΟ A NEGRO MAN NAMED ARRAH, No. 754. WHEREAS, a negro man named Arrah, late a slave, belonging to Mr. Hugh Cartwright, of this Province, hath, by his humble petition to the General Assembly, set forth, that on the thirteenth day of April, in the year of our Lord one thousand seven hundred and forty-five, he, the said Arrah, was taken prisoner by a French privateer sloop, of Cape Roman, in a schooner belonging to the said Hugh Cartwright; and that great encouragement was offered to be given him by the enemy if he would join with them against the English, and assist them as a pilot for the Carolina coast, but he refusing to accept their offer, was sold as a slave to a French merchant at Porto Rico, from whence he found means to make his escape, and returned to this Province; and humbly praying that the premises being considered, such relief might be granted to the petitioner as should seem most meet: And forasmuch as it is doubtful whether the property in the said negro man Arrah, was entirely altered by his being taken and sold as a slave by the enemy, at Porto Rico aforesaid; and whereas, his returning to this Province was his own act, out of fidelity to the English: To the intent, therefore, that as well the said negro man Arrah, as all other negroes, and others, who have been or shall be slaves to any of the inhabitants of this Province, and have made or shall make their escape from his Majesty's enemies after being taken by them, may not be molested after their return to this Province-we humbly pray your most sacred Majesty that it may be enacted, I. And be it enacted, by his Excellency James Glen, Esquire, Governor-in-chief and Captain-general, in and over his Majesty's Province of South Carolina, by and with the advice and consent of his Majesty's |