No Negro or other Slave to retail any fp rituous liquors. No Slave fhall play at dice, cards, or other gaming. Upon complaint being made of any to any Julice robberies, &c. of the Peace to iffue his warrant, Provifo. fell the fame at public auction, and pay the net proceeds thereof into the public Treasury. 53. And be it further enacted, That no Negro or other Slave fhall vend or retail any spirituous liquors whatsoever; and if any Slave, without the knowledge of his or her Owner or Employer, fhall fell or vend any fpirituous liquors whatsoever, fuch Slave for every fuch offence fhall be publicly whipped by order of any two Juftices of the Peace; but if it fhall appear to have been done with the knowledge of his or her Owner or Employer, then and in that cafe fuch Owner or Employer fhall forfeit the fum of forty pounds, to be recovered in manner hereinafter directed. 54. And be it further enacted, That every Slave who fhall play at dice or cards, or be guilty of any other kind of gaming, fhall be publicly whipped by order of any two Juftices of the Peace ; and ány Keeper of a tavern or punch-house who shall fuffer any Slave or Slaves to game, get drunk, or tipple in or about his or her house, shop, or premises, or to remain in or about the fame after the hour of eight of the clock at night, or fhall at any other time fell rum or any other fpirituous liquors to any Slave, to whom he or the fhall have been forbidden by the Owner or Employer of fuch Slave to fell liquor, or thall fuffer any fuch Slave, after having been fo forbidden, to loiter or remain in or about his or her houfe, fhop, or premifes, fhall forfeit the fum of twenty pounds. 55. And be it further enacted by the authority aforefaid, That upon complaint being made to any Juftice of the Peace of any burglary, robbery, burning of houfes, rebellious confpiracies, compaffing or imagining the death of any white perfon or perfons, or any other felonious offence whatfoever committed by any Slave or Slaves, and which is hereby declared or made punishable with death or tranfportation, such Juftice fhall iffue his warrant for apprehending fuch offender or offenders, and for all perfons that can give evidence, to be brought before him or any other Juftice of the Peace, and the evidence of Slave against Slave fhall in all cafes be received; and if upon examination, the charges fhall appear to be well founded, the Justice before whom fuch examination fhall be had and taken fhall commit the accufed to prifon, and bind over the witneffes to appear at a certain day, not less than ten or more than thirty days from the day on which the complaint fhall have been made, at the place where the Quarter Seffions are ufually held, or place of public meetings, and fhall certify to any other Juflice of the Peace the caufe of fuch commitment, and require him to affociate himfelf with him, which the faid Juftice is hereby required to do, under the penalty of forty pounds; and the said Justices, fo affociated, fhall iffue their warrant to fummon feyen perfons, fuch as are liable to ferve on ordinary Juries (the Slave Owner or Proprietor of the Slave or Slaves fo complained of, or the Attorney, Guardian, Overfeer, or Manager of fuch Owner or Proprietor, or the perfon profecuting him, or her Attorney, Guardian, Overfeer, or Manager already excepted) perfonally to be and appear before the faid Juftices, at the day and place appointed for trial, between the hours of eight and twelve of the clock in the forenoon, and when and where the faid Juftices fhall caufe the accufed to be brought before them; and thereupon five of the perfons fo fummoned fhall (the charge or accufatiod being first reduced to writing, and read) be fworn to try the matter before them, ann give a verdict according to evidence, which charge or accufation fhall not be queftioned for any want of form, but fhall be deemed valid if fufficient in fubftance; and if the faid Jurors fhall, upon hearing the evidence, unanimously find the faid Slave or Slaves guilty of the offence of which he, fhe, or they itand charged, the faid Juftices fhall give fentence of death, without benefit of Clergy, or tranfportation for life, according to the nature of the offence, and fhall caufe fuch fentence to be carried into execution at fuch time and place as they fhall think proper (women with child only excepted, whofe execution fhall be refpited until a reasonable time after delivery); provided always nevertheless, that the Juftices of the Peace, or any two or more of them, refident upon any of the Inlands within this Government (one of whom to be always of the Quorum and Cuftos Rotulorum of the Island) shall and may hereafter hold Slave Courts upon the first Tuesday in April, July, and October in every year, to continue and be holden for five five days fucceffively (if neceffary) and not longer, and fhall have full power and authority to enquire into, hear, and determine all and all manner of felonious offences committed by Slaves, and fhall open the faid Court by proclamation, declaring the fame to be a Slave Court for fuch purpofe, and that the faid Cuftos Rotulorum and any other Juftice fhall thereupon, in like manner in all respect as two Juftices affociated as hereinbefore mentioned are by this Act authorized and empowered to proceed to try and deliver the workhoufe or goal within the Inland or Parish of all Slaves who fhall be in cuftody of the Gaoler or Workhoufekeeper, charged with any of the felonious offences hereinbefore mentioned, and fhall caufe a Jury to be called and taken from the pannel returned to the faid Court forthwith to be fworn, as they fhall appear, to try all and every fuch Slave as fhall be brought before them, charged with any of the aforefaid offences, and to give a true verdict according to evidence as in other cafes. 56. Provided always, that it fhall and may be lawful for the Juftices of any Provifo. · Slave Court, or extraordinary Trial, to refpite the execution of any fentence by them given for any term not exceeding thirty days, or until the pleasure of the Commander in Chief fhall be known, in cafe proper caufe fhall appear to them for fo doing, or the Jury fhall recommend the prifoner to mercy. 57. And be it further enacted by the authority aforefaid, That not lefs than two Juftices and five Jurors fhall conftitute a Court for the trial of any Slave or Slaves for any crime or offence that fhall fubject fuch Slave or Slaves to fuffer death or tranfportation; and that upon any fuch trial no peremptory challenge of any Juror, or any exception to the form of indictment, fhall be allowed. Not less than two Juices and five Freeholders fhall trial of Negroes. conftitute a Court for the 58. And be it further enacted by the authority aforefaid, That in all cafes where the punishment of death is to be inflicted, the execution fhall be performed in fome public place, and with due folemnity, and care fhall be taken by the Gaoler, Conftable, or Marthal, that the prifoner be free from intoxication at the time of his trial and execution, and the mode of fuch execution fhall be hanging by the neck and no other, and the body shall afterwards be difpofed of as the Court shall direct; provided always, that where feveral Slaves are capitally convicted for the fame offence, one only fhall fuffer death, except in cafes of murder or rebellion. Slaves giving false evidence fhall fuffer the fame punishment as the perfon convicted. 59. And be it further enacted by the authority aforefaid, That any Slave wilfully giving falfe evidence on any trial to be had under this Aft, fhall fuffer the fame punishment as the perfon or perfons on whofe trial fuch falfe evidence was given, would, if convicted, have been liable to fuffer, or fuch other punishment as the Juftices fhall award, not extending to life or limb. 60. And be it further enacted by the authority aforefaid, That when any Slave or Slaves fhall be difcharged by proclamation, or fhall die in cuftody, the Marshal, Gaoler, or Workhousekeeper, fhall be entitled to receive out of the public Treafury all fuch fees as fhall be due for fuch Slave or Slaves at the time of fuch difcharge or death. In cafe of death or difcharge, the Marihal or receive all fees for fuch Slave from the Treasury. Gaoler fhall be entitled to 61. And be it further enacted by the authority aforefaid, That a record fhall be entered up of all proceedings upon the trials of Slaves, for any crime that fhall be punishable with death or tranfportation, in a book to be kept for that purpofe by the Clerk of the Peace, who is hereby required to attend all fuch trials, and to record the proceedings within thirty days after fuch trial, under penalty of twenty pounds for every fuch neglect, and he fhall be entitled, upon producing the certificate of the Juftices, to have and receive out of the public Treafury the fum of three pounds for attending each trial, and for entering up the record, and any other business incident thereto, and no more. A record of the trials of kept by the Clerk of the Peace. Slaves to be attend trials 62. And be it further enacted, That the Conftables of the refpective Iflands and Conftables to Diftricts fhall be obliged to attend every fuch trial or Court under the penalty of of Slaves, twenty pounds for each neglect, and that the Constable executing any fentence hall under the Pe be nalty of .zo. be entitled to receive out of the public Treafury the fum of forty fhillings, upon producing the certificate of the Juftices as aforefaid. Perfons neglecting or refufing to attend the trials of Slaves, fhall forfeit L.6. No trial fhall be had until notice be given to the owners, &c. of Slaves. Slavesreceiving fentence of death, &c. to be valued by the Jury. Slaves executed, &c. fhail be paid for out of the public trea fury. 63. And be it further enacted, That any person who shall be drawn and duly fummoned to ferve as a Juror on any trial to be had by virtue of this Act, and who fhall neglect to attend, or after appearance fhall depart without leave, fhall forfeit the fum of fix pounds. 64. And be it further enacted by the authority aforefaid, That no trial of any Slave fhall be had, until after reasonable and fufficient notice of such trial fhall have been given to the Owner or Proprietor of fuch Slave, or to his, her, or their Attorney or Attornies, or other Reprefentative or Representatives, where any fuch can be conveniently found within the Colony; any law, ufage, or cuftom to the contrary notwithstanding. 65. And be it further enacted by the authority aforefaid, That in all cafes where any Slave fhall receive fentence of death or transportation, the Jury fhall appraise and value fuch Slave, and the Juftices fhall certify fuch valuation; provided always, that fuch valuation fhall not exceed in any cafe fixty pounds for any one Slave, and provided alfo, if it fhall appear that the Owner or Poffeffor of fuch Slave had treated him or her with inhumanity, and that neceffity or hard ufage might have driven fuch Slave to the commiffion of the offence of which he or she fhall have been convicted. that then and in fuch cafe no valuation shall be made, nor certificate granted, and the Owner fhall not be entitled to receive any allowance whatever for fuch Slave from the public. 66. And be it further enacted by the authority aforefaid, That in all cafes where any Slave valued as aforefaid fhall be executed or tranfported, by virtue of this Act, fuch Slave fhall be paid for at the public expence, and the net money arifing from the fale of any fuch Slave fold for tranfportation fhall be accounted for on oath by the Provost Marshal or his deputy, and paid over to the Receiver General for the ufe of the public. Slaves returning to these illands, after being transported, to fuffer death. When any Slave cannot be taken by warrant, a copy thereof fhall be ferved on the Owner there of. 67. And be it further enacted by the authority aforefaid, That any Negro or other Slave who fhall be tranfported from thefe Inlands by virtue of this Act, and fhall wilfully return from transportation, fhall, upon conviction, fuffer death without any benefit of Clergy. 68. And be it further enacted by the authority aforefaid, That when any warrant fhall be granted by any one or more of His Majefty's Juftices of the Peace against any Slave who cannot be taken, the Owner, Attorney, Poffeffor, Guardian, or Overseer of every fuch Slave, shall be served with a copy of the faid warrant, and if he, fhe, or they do not fend or produce fuch Slave to the Juftice or Juftices to be dealt with according to law, and it fhall afterwards be proved that fuch Owner, Attorney, Guardian, Poffeffor, or Overfeer, wilfully detained or concealed fuch Slave, he, fhe, or they fhall forfeit the fum of one hundred pounds. All Negroes, &c. that have 69. And be it further enacted, That all fuch Negroes, Mulattoes, been Slaves, and been made free, fhall for all offences Multees, and Indians, as have been Slaves, and have been or fhall be made under the degee of felony, free, fhall, for all mifdemeanors and offences under the degree of felony, be tried in a manner as di- be tried and adjudged in manner and form hereinbefore directed for the rected for the trial ofSlaves. trial of Slaves, and the evidence of a Slave or Slaves fhall be admitted on fuch trials; any law, ufuage, or cuftom, to the contrary notwithstanding. Offences and deter- Irates. 70. And whereas mifdemeanors and offences of inferior degrees are frequently committed by Slaves, which ought to be punished in a fummary manner; be it further enacted by the authority aforefaid, That it fhall and may be lawful for any two Juftices of the Peace, in a fummary manner, to hear and determine all crimes and misdemeanors below felony committed by any Slave or Slaves, giving fufficient notice to the Owner or Owners of fuch Slave or Slaves, or his, her, or their Attorney or Attornies, or the perion having the care of fuch Slave or Slaves, of the time and place place of trial; and to order and direct fuch punishment to be inflicted on any fuch 72. And be it enacted, That in all cafes in which by thisprefent Act, or 13. Runaway Slaves to be com mitted to a workhouse, and not to gaol. In all cafes where power is vefted in the Juftices and be executed by Juftices Veftry, fuch power shall where no Veftry on the out Inlands, or by the Veftry if no Juftices thereon. And be it further enacted by the authority aforefaid, That all forfeitures nd penalties given by this Act, for which the recovery and application have not been otherwife directed, fhall, if not exceeding twenty pounds, be recovered in a fummary way before any two of his Majefty's Juftices of the Peace, and fhall be levied, together with cofts, by diftrefs and fale of the offender's goods and chattels, and if exceeding twenty pounds, fhall be recovered, together with cofts, in the General Court of thefe Islands, by action of debt, bill, plaint, or information, wherein no toign, protection, wager of law, or non vult ulterius profequi, fhall be allowed or tered, one moiety of which penalties fhall be to the use of the parish where the offence fhall have been committed, and the other moiety to the informer, or to him, her, or them, who fhall fue for the fame. Forfeitures and penalties not being otherwife directed, if not exceeding £.20, to be recovered in a fummary way, before two Magiltrates, and if in the General Court. above £.20, Continuance 74. And be it further enacted by the authority aforefaid, That this Act, and very claufe, matter, and thing therein contained, fhall continue and be in force for of this A&t. 2 during the term of two years from the paffing thereof, and from thence to the td of the then next feffion of the General Affembly, and no longer. (Copy.) Copy of a Letter from Governor Dowdefwell to his Grace the Duke of Portland. Government Houfe, Bahamas, 9th December, 1799. My Lord, I HAVE to acknowledge the Letter from your Grace, marked " Circular," and dated the 12th of July, which was received here by way of Norfolk, on the 8th inftant. The fpecial commands of His Majefty therein contained, for the immediate tranf miffion of an Account, fpecifying the number of Negroes now in each of the Ilands and Plantations of the Bahamas, with the other particulars regarding them, as ftated in the terms of an Addrefs prefented to the King, from the Houle of Commons, on the 11th of July, fhall be made out and fent to your Grace as foon as the neceffary information can be procured. I have the honour to be, &c. His Grace the Duke of Portland, &c. &c. &c. W. Dowdeswell. |