Pages 69-90 
|  Pages 112-134
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| Pages 69-90
| Pages 112-134
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| CHAP. XXXV. An Act for the better support of the College of William and Mary. | |
| I. BE it enacted, by the Lieutenant Governor, Council, and
Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the
same, That there shall be paid to his majesty, his heirs and successors, for and towards the
better support and maintenance of the college of William and Mary, in Virginia, the following
duties, customs, and imposts, for the following goods, wares and merchandizes, exported out of
this dominion, by land or by water: that is to say, For every raw hide, six pence. For every tann'd hide, six pence. For every drest buck skin, one penny three farthings. For every undrest buck skin, one penny. For every doe skin drest, one penny half penny. For every undrest doe skin, three farthings. For every pound of beaver, three pence. For every otter skin, two pence. For every wild cat skin, one penny half penny. For every mink skin, one penny. For every fox skin, one penny half penny. For every dozen of raccoon skins, three pence, and so proportionably for a greater or lesser quantity. For every dozen of musk-rat skins, two pence, and so proportionably for a greater or lesser quantity. And for every elk skin, four pence half penny. |
Duties on hides, skins, and furs, exported. |
| II. And for preventing frauds in the exportation of skins and furs, Be it further enacted by the authority aforesaid, That no skins or furs shall be hereafter packed, in order to be shipped off, with any other thing; and every person intending to export skins, or furs, before the same shall be shipped, shall make oath before some justice of the peace of the county where he lives, to the several parcels, or packages intended to be shipped, and the number of skins and furs, and the kinds thereof, and pounds of beaver, if any therein contained, and that no other thing is packed therein; which oath shall be certified by the justice | The manner of entry for exportation. |
| of peace administering the same, and his certificate delivered by the master of the ship or vessel wherein the same shall be shipped, before his clearing, to the naval officer, who shall receive of the owner of such skins, and furs, the duties by this act imposed, and without distinguishing between buck and doe skins, shall account all deer skins, to be one third buck, and two thirds doe skins. | |
| III. And be it further enacted, by the authority aforesaid, That the said duties upon skins and furs shall be paid, and satisfied, by the owner or exporter thereof, either by land or water, to the collector or collectors, appointed to receive the same, by the governor or commander in chief of this colony, for the time being, with advice of the council, and a certificate, that the same is paid, obtained from such collector, under penalty of forfeiture of all hides, skins, and furs, exported or intended to be exported, by land or water, contrary to this act, or the value thereof. | Duties shall be paid to the collector, or the goods forfeited. |
| IV. And to the end the said duties upon skins and furs may not be defrauded, by clandestine transportation thereof into the neighbouring colonies, It is hereby further enacted, That if any person shall be found travelling upon the frontiers of this colony, with hides, skins, or furs, it shall be lawful for any justice of peace, sheriff, or constable, of the county where such person shall be found, to seize such hides, skins, and furs, unless the person carrying the same produce a certificate, under the hand of a justice of peace of this colony, that his is an inhabitant thereof, and shall also make oath, that the will not carry the said hides, skins, or furs, or cause the same to be carried, into any other colony or province, without paying the said duties: And in case any hides, skins, or furs, shall be so seized, one moiety thereof shall be to the seizor, and the other moiety to the king, his heirs and successors, for the better support of the said college of William and Mary. | Skins transported by land, without certificate, may be seized.
The seizure appropriated. |
| V. And whereas by an act of parliament, passed in the twenty fifth year of king Charles the second, a duty of one penny per pound was laid upon all tobacco, exported from hence to other British plantations, in America, which, among other donations, was by the late king William, and queen Mary, granted to the said college, for the better support thereof, but by reason of divers frauds and abuses, this branch of | Duty on tobacco exported to the plantations. |
| their revenue hath of late proved very deficient, Be it therefore further enacted, by the authority aforesaid, That every person who shall ship any goods, merchandizes, or commodities whatsoever, on board any ship or vessel bound to any of the British plantations in America, shall, before the same be shipped, or within five days after, make oath before a justice of peace of the county where he lives, to the several parcels, or packages, of goods, merchandize, or commodities so shipped, and the contents thereof, and that no tobacco is contained therein; or if any tobacco, to the true quantity, upon pain of forfeiting all such goods, merchandize, and commodities, or the value thereof: And the justice of peace, before whom such oath shall be made, shall certify the same under his hand; which certificate shall be delivered to the master of the vessel, and by him to the naval officer of the district, at the time of his clearing; and no naval officer shall clear any such ship or vessel, until such certificate be produced, and a copy thereof shall be by the naval officer delivered, or sent, to the collector of the duty of one penny per pound, in the same district, before clearing: And every master of such ship or vessel, or other person clearing, or concerned in loading the same, before his clearing shall make oath, before the naval officer of the district, to the quantity of tobacco on board, if he hath any, or that he hath no tobacco, and will take none on board, without paying the duty; a copy of which oath the naval officer shall transmit to the collector of the customs, of the port whither such ship or vessel shall be bound: And every person making a false oath in any of the premises and being thereof lawfully convicted, shall suffer as for wilful perjury. | The method of entering out, and obtaining certificate of goods shipped to the plantations. |
| VI. And to the end no tobacco may be carried into the province of North Carolina, to be exported thence without paying the duty in either colony, Be it further enacted, by the authority aforesaid, That if any person shall carry any tobacco into the said province, without paying the said duty of one penny per pound, the owner thereof shall forfeit the value of such tobacco: And that one moiety of all penalties and forfeitures, arising by this act, shall be to the king, his heirs and successors, for the better support of the college of William and Mary, in Virginia, and the other moiety to the informer, recoverable with costs, by action of debt or information, in any court of record within this colony. | Penalty on exporters of tobacco to North Carolina, without duty
paid. The penalties appropriated. |
| VII. And be it further enacted, by the authority aforesaid, That the several collectors, appointed to receive the duties aforesaid, shall, from time to time, be accountable and pay the same to the president and masters of the said college of William and Mary, or such other person or persons as shall be by them lawfully deputed; and for receiving and paying thereof, such collectors shall be allowed six per centum: Provided always, That nothing herein contained shall be construed to alter or infringe the powers, privileges, or allowances, of collectors of the said duty of one penny per pound, appointed or to be appointed by the commissioners of his majesty's customs of Great Britain, pursuant to the said act of parliament, made in the twenty-fifth year of king Charles the second, for collecting, levying, and receiving the said duty, or penalties therein mentioned. | Duty and salary of the collectors. Proviso. | |
| VIII. And be it further enacted, by the authority aforesaid, That all and every other act and acts, clause and clauses, heretofore made, for or concerning any matter or thing within the purview of this act, shall be, and are hereby repealed. | Repealing clause. | |
| IX. And be it further enacted, by the authority aforesaid, That this act shall commence and be in force, from and immediately after the tenth day of June, which shall be in the year of our Lord, one thousand seven hundred and fifty-one. | Commencement. | |
 CHAP. XXXVI. | ||
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| I. FOR preventing frauds and concealments in clearing ships and vessels, and in payment of customs, duties, or impositions, laid upon tobacco, skins, furs, | Preamble. |
| or any other goods, or merchandizes whatsoever, exported out of this colony and dominion: | |
| II. BE it enacted, by the Lieutenant-Governor, Council and Burgesses of this present General Assembly, and it is hereby enacted, by the authority of the same, That the master of every ship or vessel, entering into this colony for trade, or being here, is designed to take on board and lade any tobacco, skins, furs, or other goods or merchandizes whatsoever, in order to export and carry the same out of this dominion, at his entry, and before he be permitted to break bulk, and trade, or to lade and take on board any goods, or merchandizes whatsoever, shall give bond to the naval officer, with one surety, to our sovereign lord the king, his heirs and successors, that he will not depart with his said ship or vessel, from the district or port where she is entered until payment be made of the several duties, customs, impositions, and fees, accruing due from the said ship or vessel, or for, or by reason of any tobacco, skins, furs, or other goods and merchandizes, shipped and laden in her, nor until the said ship or vessel be duly cleared by the collector and naval officer of the said district or port. | Bond to be given by masters of ships entering or lading goods for exportation. |
| III. And be it further enacted, by the authority aforesaid, That if the ship or vessel be under fifty tons, the said bond shall be for fifty pounds; if above fifty tons, and under one hundred tons, for one hundred pounds; and if one hundred tons or more, for two hundred pounds; and shall be delivered back upon due clearing with the officers aforesaid, but wholly forfeited, without relief in equity, in case the condition thereof be broken. | The sums of the bond, and how forfeited. |
| IV. And be it further enacted, by the authority aforesaid, That the master of every ship or vessel, upon clearing, shall make oath before the officer with whom he clears, (which oath the said officer is hereby impowered and required to administer,) what tobacco, skins, furs, or other goods, or merchandizes, are then shipped and laden on board his ship or vessel, and that the will not afterwards lade or take on board any more tobacco, skins, furs, or other goods, or merchandizes whatsoever, for which any custom, duty, or imposition, is to be paid, or which the law requires to be entered, without a lawful permit for his so doing, from any officer of the district, or port, wherein the said tobacco, skins, furs, goods, or merchandizes, are to be so laden and taken in. | Oath, upon clearance. |
| V. And be it further enacted, by the authority aforesaid, That the customs, duties, or impositions accruing due, for any tobacco, skins, furs, or other goods, or merchandizes whatsoever, which shall be shipped or laden on board any ship or vessel, in order to be exported out of this colony, shall be answered and paid to the collector, or receiver of the said customs, duties, or impositions, in the district, or port, where the said ship or vessel rides, when the said tobaccos, skins, furs, goods, or merchandizes, are laden and taken in, and to no other collector, or receiver whatsoever, notwithstanding the same be brought thither from another district or port. | To whom the duties shall be paid. | |||||||||||||||||||||||
| VI. And be it further enacted, by the authority aforesaid, That upon any suspicion of fraud, or concealment, or that the master of any ship or vessel doth make a false report of his lading, it shall be lawful for the naval officer, and collector of the district, or port, or either of them, for discovery of the said fraud, or concealment, and for the better finding out the truth of the matter, to examine upon oath, the mate boatswain or any other of the seamen, belonging to the said ship or vessel, as also, any other person, or persons whatsoever, concerning the lading of the said ship or vessel, as also, any other person, or persons whatsoever, concerning the lading of the said ship or vessel, as to the said collector, and naval officer, or either of them, shall seem fit and convenient. | Officer's power in detecting concealments or frauds. | |||||||||||||||||||||||
| VII. And be it further enacted, by the authority aforesaid, That the collectors fees shall be as followeth, that is to say, | Collector's fees. | |||||||||||||||||||||||
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| And that the naval officer fees be as followeth, that is to say, | Naval officer's fees. | |||||||||||||||||||||||||||||||
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| All which fees shall be paid in sterling, or current money, at five and twenty per cent. | ||||||||||||||||||||||||||||||||
| VIII. And that the naval officers, and collectors, for any the services before mentioned, shall charge no more than half of the fees aforesaid, for any ship or vessel wholly belonging to the inhabitants of this county. | Virginia owners pay only half fees. | |||||||||||||||||||||||||||||||
| IX. And be it further enacted by the authority aforesaid, That it shall not be lawful for any collector or naval officer, within this colony and dominion, to demand and take any fee or fees, for any other business, matter, or thing, by him done and performed, as collector, or naval officer, or as collector, or receiver of any Virginia duties, than the particulars before enumerated in this act, or to demand and take any greater fee, for any of the particulars before enumerated, than the fee given and allowed by this act for the same: And if any collector, or naval officer, shall offend in either of the premises, and be thereof lawfully convicted, he shall for the first offence, forfeit and pay one hundred pounds; one moiety to our sovereign lord the king, his heirs and successors, for and towards the better support of this government, and the contingent charges thereof, and the other moiety to the party injured, to be recovered with costs, in any court of | Penalty on officer taking other or greater fees. |
| record within this dominion, by action of debt, or information, wherein no essoin, protection, or wager of law, privilege, or more than one imparlance shall be allowed: And if the collector, or naval officer, shall offend a second time, and be thereof lawfully convicted, he shall be thereby disabled in law, and made utterly incapable to hold, execute, and enjoy his place, and office of collector, or naval officer, or any profit or advantage arising therefrom, for ever, and the said place, and office shall, immediately after such conviction, be void to all intents and purposes, as if the said collector or naval officer had been naturally dead, and moreover, shall forfeit and pay to the informer, the sum of twenty pounds, to be recovered with costs, as aforesaid. | |
| X. And be it further enacted by the authority aforesaid, That if any person injured by any collector, or naval officer, demanding and taking any fee or fees, contrary to this act, shall fail to inform against the said collector, or naval officer, for the said offence, within three months after the offence committed, it shall be thereafter lawful for any other person, or persons whatsoever, to prosecute the offender, and recover, any thing in this act before contained, to the contrary, notwithstanding. | If the party injured does not sue within three months, any other person may. |
| XI. Provided always, That no collector, or naval officer whatsoever shall be impeached, or questioned, for or concerning any offence aforesaid, unless he be prosecuted within one year next ensuing such offence committed. | Prosecution must be within a year. |
| XII. And be it further enacted, by the authority aforesaid, That every collector, or naval officer, within this colony, shall be, and is hereby strictly enjoined and required, to set up, or cause to be set up in his office, a fair written table, or copy of his fees, according to this act, and from time to time to continue the same, by setting up a new or fresh table, or copy as occasion requires. | A table of the fees shall be set up and kept in the office. |
| XIII. And whereas casting stones, gravel, or other ballast, into rivers, or creeks, must prove dangerous and destructive to navigation, for prevention thereof, Be it further enacted, by the authority aforesaid, That immediately after the commencement of this act, the court of every county adjacent to any navigable river, or creek, within this colony, shall nominate and appoint one or more fit and able person, or persons, | The method of appointing directors for landing ballast.
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| residing near or convenient to the place or places where ships, or other vessels usually ride, in such river or creek, to be overseers and directors of the delivery, and bringing on shore, from on board every ship or vessel within their respective districts, all ballast whatsoever, intended to be unladen or delivered; and the clerk of such court shall forthwith issue, and deliver to the sheriff of his county, an attested copy of every such nomination, and appointment, to be by him served upon every person and persons so appointed, or left at his, or their place of abode, of which the sheriff shall make due return; and thereupon every such person shall appear before the court next thereafter held for his county, and there make oath and swear, that he will, when required, diligently attend the delivery of ballast from on board any ship or vessel within his district, and will not knowingly permit the same, or any part thereof, to be cast into the water, where navigable, but will direct, and to the best of his power, cause all such ballast to be brought and laid on shore, according to law, and that he will truly and faithfully execute his office, without favour, partiality, or malice: And if any person so nominated, and having notice thereof as aforesaid, unless hindered by sickness, or other legal disability, shall fail to appear before the said court, or being there shall refuse to be sworn, he shall be fined twenty pounds: And such court shall, upon every such failure, or refusal, or upon the death, removal, or other legal disability, of any person appointed and sworn as aforesaid, forthwith proceed to nominate and appoint, from time to time, another in his room, who shall take the same oath, and upon failure or refusal, shall pay the like fine; which every such court respectively is hereby authorised and required to cause to be levid by the sheriff, and shall be by him accounted for and paid to the treasurer of this colony for the time being, to be applied towards the charge of clearing rivers, and creeks, or as the general assembly shall think fit to direct. | Their oath and duty. Fine on refusal to serve. In cases of death, refusal, &c. others to be appointed. How the fine shall be levied and applied. |
| XIV. And be it further enacted, by the authority aforesaid, That every person so appointed and sworn, upon notice given him by the master of any ship or vessel, when he intends to discharge ballast, shall forthwith go on board and attend, till the same be delivered, which he shall see brought and laid on shore, at such convenient place or places near the vessel, | The officer's duty and fee. |
| where it may not obstruct navigation, nor be washed into the channel; and thereupon shall give the master a certificate, that the ballast on board his vessel has been duly unladen and brought on shore, according to law; and for his attendance may demand and receive five shillings, for every day he shall attend as aforesaid, to be paid by the master before certificate given: And if any such officer shall neglect or fail to perform his duty, as by this act directed, he shall forfeit and pay twenty pounds for every neglect or failure. | Penalty on failure. |
| XV. And be it further enacted by the authority aforesaid, That every master of a ship or vessel within this colony, having ballast to unlade, shall give notice thereof in writing, to some officer appointed in the district where the vessel rides, pursuant to this act, and appoint the time of such officer's attendance, and at the time of his clearing out, shall produce to the officer of the customs by whom he shall be cleared, a certificate of his having unladen and brought on shore his ballast, as by this act required; and if any such master shall presume to unload any ballast, before notice given as aforesaid, or cast, or suffer the same to be cast overboard, or shall land, or suffer the same to be put on shore, at any other place, or in any other manner, than shall be directed by the proper officer appointed, by virtue of this act, he shall forfeit and pay fifty pounds for every such offence: And if at the time of his clearing out, he shall fail to produce and deliver to the officer of the customs, by whom he shall be cleared, such certificate as is herein before required, such failure shall amount to a conviction, and he shall be adjudged guilty of breach of this act, and liable to the said penalty of fifty pounds. | And on masters of vessels discharging ballast contrary to this act. |
| XVI. Provided always, That nothing herein contained shall be construed to prohibit or restrain the master of any ship or other vessel, bringing limestone, chalk, bricks, or stone for building, to lade or put the same on board any other vessel, in order to be carried or transported to any place he shall think fit; and the person appointed to see ballast unladed is hereby required to permit the same to be done, any thing in this act to the contrary, or seeming to the contrary, notwithstanding. | Building materiels excepted. |
| XVII. And whereas the masters of ships or vessels importing negroes, frequently cause such as die on board, to be cast into the water, to the great | Penalty on suffering dead bodies. |
| annoyance of the adjacent inhabitants, Be it therefore further enacted by the authority aforesaid, That when any negroe, or other person whatsoever, shall die on board any ship or vessel, within this dominion, the master of such ship or vessel, shall cause the dead body to be brought on shore, and there buried, above the high water mark, four feet deep at the least, upon penalty of forfeiting for his neglect herein, or suffering such dead body to be cast into the water, fifty pounds for every such offence: And that all forfeitures and penalties arising by this act, and not before appropriated, shall be one moiety to the king, his heirs and successors, to be paid to the treasurer, and applied to the uses last mentioned, the other moiety to the informer, recoverable with costs, by action of debt or information, in any court of record of this dominion. | to be cast into the water. How the penalties shall be recovered and applied. |
| XVIII. And be it further enacted by the authority aforesaid, That one act made in the fourth year of the reign of Queen Anne, intituled, An Act for preventing frauds in the customs, and in clearing of ships; for ascertaining collectors and naval officers fees; and to prohibit and prevent the casting of ballast and dead bodies into rivers and creeks: And every other act and acts, clause and clauses, heretofore made for or concerning any matter or thing within the purview of this act, shall be, and are hereby repealed. | Repealing clause. |
| XIX. And be it further enacted, by the authority aforesaid, That this act shall commence and be in force, from and immediately after the tenth day of June, which shall be in the year of our Lord, one thousand seven hundred and fifty-one. | Commencement of this act. |
| CHAP. XXXVII. An Act to restrain the taking of excessive Usury. | |
| I. Whereas the high interest of money has been found in all countries where it has prevailed, to impoverish | Preamble. |
| the people, and a great discouragement to trade and industry. | |
| II. Be it therefore enacted, by the Lieutenant Governor, Council, and Burgesses of this present General Assembly, and it is hereby enacted, by the authority of the same, That no person or persons whatsoever, from and after the commencement of this act, upon any contract hereafter to be made, shall take directly or indirectly, for loan of any monies, wares, merchandizes, or other commodities whatsoever, above the value of five pounds, for the forbearance of one hundred pounds, for a year, and so after that rate, for a greater, or lesser sum, or for a longer or shorter time: And that all bonds, contracts, covenants, conveyances, agreements, and assurances whatsoever, hereafter to be made, for payment of any principal, or money to be lent, or covenanted to be performed, upon or for any usury, whereby there shall be reserved or taken above the rate of five pounds in the hundred, as aforesaid, shall be utterly void. | 5 per cent per annum, declared the lawful interest. All contracts for payment of a greater rate, void. |
| III. And that all and every person or persons whatsoever, which shall upon any contract to be hereafter made; take, accept, and receive, by way or means, of any corrupt bargain, loan, exchange, shift, or interest, of any monies, wares, merchandize, or other thing, or things, whatsoever, or by any deceitful way or means, or by any covin, device, or deceitful conveyance, for the forbearing or giving day of payment, for one whole year, of and for their money, or other thing, above the sum of five pounds for the forbearing of one hundred pounds, for a year; and so after that rate, for a greater or lesser sum, of for a longer, or shorter time, shall forfeit and lose, for every such offence, the double value of the monies, wares, merchandizes, and other things so lent, bargained, exchanged, or shifted; one moiety thereof to our sovereign lord the king, his heirs and successors, for and towards the better support of this government, and the contingent charges thereof, the other moiety to the person or persons who shall inform or sue for the same, by action of debt, or information, in any court of record of this colony, wherein the same shall be cognizable. | Persons taing more, forfeit double the value of the sum lent. |
| IV. And that all bonds, contracts, covenants, conveyances, agreements, and assurances whatsoever, had, made, or entered into at any time or times, |
| before the tenth day of November, in the year of our lord one thousand seven hundred and thirty four, and now subsisting, whereby any interest above the rate of six in the hundred, for a year, is or was agreed to be taken, or paid; and all such bonds, and other assurances whatsoever, as aforesaid, had, made, or entered into, at any time after the said tenth day of November, and before the time of commencement of this act, and now subsisting, whereby any interest above five pounds in the hundred, for a year, is, or was agreed to be taken, or paid, shall be void and null, as to all interest, over and above the said several rates of six pounds, or five pounds in the hundred, for a year, as the case shall be, to be computed from the respective times of the first lending, or contract. | In what cases contracts for more than lawful interest shall be void. |
| V. And to the end people may not be oppressed with the payment of exorbitant interest, for want of proof of an usurious contract, which is always made in secret, and with such caution, that it can seldom be detected in the ordinary course of evidence, Be it further enacted, by the authority aforesaid, That it shall and may be lawful for any borrower of money, hereafter to be lent, to exhibit a bill in the general court, or any county court of the said colony, against the lender, and to compel him to discover, upon his corporal oath, the principal money actually lent, and the contract made between them, for the payment of interest; and in such case, if it shall appear, that more than lawful interest was reserved, the lender shall be discharged from all the penalties of this act, but he shall lose, not only all such unlawful usury, but shall be obliged to accept the principal money, without any interest. | How person bound by usurious contracts may be relieved. |
| VI. And that in all cases hereafter, where judgment shall be recovered for any penalty, not exceeding ten pounds current money, forfeited by virtue of this act, the plaintiff shall also recover his full costs: but no costs shall be allowed, where the penalty so recovered shall exceed the said sum. | Where costs shall be recovered. |
| VII. And that all and every broker and brokers, sollicitor and solicitors, driver, and drivers of bargains, for contracts, who shall at any time hereafter take or receive, directly or indirectly, any sum or sums of money, or other reward or thing, for brokage, soliciting or procuring the loan, or forbearing of any sum or sums of money, over and above the rate or alue of five shillings, for the loan or forbearing of | Rates of brokerage on loans. |
| one hundred pounds, for a year, and so rateably, or above one shilling for making, or renewing the bond, or bill, for the loan or forbearance thereof, or for any county bond or bill, concerning the same, shall forfeit for every such offence, twenty pounds current money; one moiety to the king, his heirs and successors, for the better support of this government, and the contingent charges thereof, the other moiety to the informer, to be recovered, by action of debt, or information, in any court of record of this dominion. | ||
| VIII. And be it further enacted by the authority aforesaid, That all and every other act and acts, clause and clauses, heretofore made, for or concerning any matter or thing within the purview of this act, shall be, and are hereby repealed. | Repealing clause. | |
| IX. And be it further enacted by the authority aforesaid, That this act shall commence and be in force, from and immediately after the tenth day of June, which shall be in the year of our Lord, one thousand seven hundred and fifty-one. | Commencement of this act. | |
| CHAP. XXXVIII. | ||
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| I. Whereas it is absolutely necessary, that effectual provision should be made for the better ordering and governing of slaves, free negroes, mulattoes, and Indians, and detecting and punishing their secret plots, and dangerous combinations, and for the speedy trial of such of them as commit capital crimes. | Preamble. | |
| II. BE it [therefore] enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, | Conspiracy of slaves to rebel or murder |
| That if any negroe, or other slaves, shall at any time consult, advise, or conspire, to rebel or make insurrection, or shall plot, or conspire the murder of any person, or persons whatsoever, every such consulting, plotting, or conspiring, shall be adjudged and deemed felony, and the slave or slaves convicted thereof, in manner herein after directed, shall suffer death, and be utterly excluded all benefit of clergy. | felony without clergy. |
| III. And whereas many negroes, under pretence of practising physic, have prepared and exhibited poisonous medicines, by which many persons have been murdered, and others have languished under long and tedious indispositions, and it will be difficult to detect such pernicious and dangerous practices, if they should be permitted to exhibit any sort of medicine, Be it therefore further enacted, by the authority aforesaid, That if any negroe, or other slave, shall prepare, exhibit, or administer any medicine whatsoever, he, or she so offending, shall be adjudged of felony, and suffer death without benefit of clergy. | Or to prepare or administer poison, or any medicine. |
| IV. Provided always, That if it shall appear to the court before which such slave shall be tried, that the medicine was not prepared, exhibited, or administered, with an ill intent, nor attended with any bad consequences, such slave shall have the benefit of clergy. | In what case clergy may be allowed. |
| V. Provided also, That nothing herein contained shall be construed to extend to any slave or slaves administering medicines, by his, or her master's or mistress's order, in his, or her family, or the family of another, with the mutual consent of the owner of such slave, and the master or mistress of such family. | Where medicines may be administered. |
| VI. And be it further enacted, by the authority aforesaid, That every slave committing such offence as by law is punishable with death, or loss of member, shall be forthwith committed to the common goal of the county wherein such offence shall be done, there to be safely kept: And upon such commitment, the sheriff of such county shall certify the same, with the cause thereof, to the governor, or commander in chief of this dominion, for the time being, who is thereupon desired and impowered to issue a commission of Oyer and Terminer, to such persons as he shall think fit; which persons, forthwith after receipt of such commission, are impowered and required to cause the offender to be publicly arraigned, and tried, at the courthouse of the said county, and to take for evidence the | The method of commitment, and trial of criminal slaves. |
| confession of the offender, the oath of one or more credible witnesses, or such testimony of negroes, mulattoes, or Indians, bond or free, with pregnant circumstances, as to them shall seem convincing, without the solemnity of a jury: And the offender being by them found guilty, to pass such judgment upon such offender, as the law directs, for the like crimes, and on such judgment to award execution. | |
| VII. Provided always, That if at such trial the court be divided in opinion, whether the accused be guilty, or not guilty, in that case, he, she, or they, shall be acquitted. Provided also, That when judgment of death shall be passed upon any such offender, there shall be ten days, at least, between the time of passing judgment, and the day of execution, except in cases of conspiracy, insurrection, or rebellion. | Where the party arraigned shall be acquitted. And where after judgment, execution shall be stayed 10 days, at least. |
| VIII. And be it further enacted, by the authority aforesaid, That when any negroe, mulattoe, or Indian whatsoever, shall be convicted of any offence within the benefit of clergy, judgment of death shall not be given against him, or her, upon such conviction, but he, or she, shall be burnt in the hand, by the goaler in open court, and suffer such other corporal punishment as the court shall think fit to inflict; except where such negroe, mulattoe, or Indian, shall be convicted of manslaughter, or the felonious breaking and entering any house, in the night time, or for breaking and entering, in the day time, any house, and taking from thence away goods, or chattels, to the value of twenty shillings current money, or where he, or she, hath once had the benefit of this act; and in those cases, such negroe, mulattoe, or Indian, shall suffer death, without benefit of clergy. | Rules in allowing clergy to negroes, mulattoes, or Indians, convict. |
| IX. And to the end such negroes, mulattoes, or Indians, not being christians, as shall be produced as evidences, on the trial of any slave for a capital crime, may be under the greater obligation to declare the truth, It is hereby further enacted, That where any such negroe, mulattoe, or Indian, shall be found, upon due proof made, or pregnant circumstances appearing to any county court of this colony, to have given a false testimony, every such offender shall, without further trial, be ordered by the said court to have one ear nailed to the pillory, and there to stand for the space of one hour, and then the said ear to be cut off, and thereafter the other ear nailed in like manner, and | Punishment of negroe, mulattoe, or Indian witnesses, giving false testimony. |
| cut off at the expiration of one other hour, and moreover, to receive thirty nine lashes on his, or her bare back, well laid on, at the public whipping post; and at every such trial of slaves for capital offences, the person first named in the commission, then sitting, shall, before the examination of any negro, mulattoe, or Indian, not being a christian, charge such evidence to declare the truth; which charge shall be in the words following, to wit. | |
| You are brought hither as a witness, and by the direction of the law I am to tell you, before you give your evidence, that you must tell the truth, the whole truth, and nothing but the truth; and that if it be found hereafter, that you tell a lie, and give false testimony in this matter, you must for so doing, have both your ears nailed to the pillory, and cut off, and receive thirty nine lashes on your bare back, well laid on, at the common whipping post. | A charge to such witnesses. |
| X. Provided always, That the master or owner of any slave may appear at such arraignment and trial, and may make what just defence he can for such slave, so that such defence do not relate to any formality in the proceedings on the trial: And that when any slave shall be convicted, by virtue of this act, the commissioners, sitting on the trial, shall put a valuation in money upon such slave, and certify the same to the next session of Assembly, that they may be enabled to make a suitable allowance to the master or owner. | Masters may appear at the trial, in defence of their slaves.
The value of slaves executed shall be paid by the public. |
| XI. And for preventing the mischiefs that may happen by the corrupt and precarious evidence of negroes, mulattoes, and indians, if they should be admitted as lawful witnesses in courts of justice, It is hereby further enacted, That no negroe, mulattoe, or indian, whether a slave, or free, shall be admitted in any court of record, or before any magistrate of this colony, to be sworn as a witness, or give evidence in any cause whatsoever, except upon the trial of a slave for a capital offence. | In what cases negroes, mulattoes, and Indians may, or may not, be witnesses. |
| XII. Provided nevertheless, That any free negroe, mulattoe, or Indian, being a christian, shall be admitted in any court, or before a justice of peace, to be sworn as a witness, and give evidence, against or between any other negroes, mulattoes, or indians, slave or free, in any cause, civil or criminal. | |
| XIII. And to prevent the inconveniences arising by the meetings of slaves, Be it further enacted by the |
| authority aforesaid, That if any master, mistress, or overseer of a family, shall knowingly permit or suffer any slave, not belonging to him, or her, to be and remain upon his, or her plantation, above four hours at one time, without leave of the owner or overseer of such slave, he, or she, so permitting, shall forfeit and pay one hundred and fifty pounds of tobacco, for every such offence; and every owner, or overseer, of a plantation, who shall so permit, or suffer more than five negroes, or slaves, other than his, or her own, to be and remain upon his, or her plantation, or quarter, at any one time, shall forfeit and pay five shillings, or fifty pounds of tobacco, for each negroe, or slave above that number: Which said several forfeitures shall be to the informer, and recoverable, with costs, before any justice of peace of the county where such offence shall be committed. | No person shall permit other men's slaves to remain upon his plantation. |
| XIV. Provided always, That nothing herein contained shall be construed to prohibit the negroes, or slaves, of one and the same owner, tho' seated at different quarters, from meeting, with their owners or overseers leave, upon any plantation to such owner belonging; nor to restrain the meeting of slaves, on their owners or overseer's business, at any public mill, so as such meeting be not in the night-time, nor on a Sunday; nor to prohibit their meeting on any other lawful occasion, by license in writing from their owner, or overseer; nor their going to church, and attending divine service on the Lord's day, or any other day of public worship. | Proviso. |
| XV. And be it further enacted by the authority aforesaid, That if any white person, free negroe, mulattoe, or Indian, shall at any time be found in company with slaves, at any unlawful meeting, or shall harbour, or entertain any slave, without the consent of his, or her owner, such person, being thereof convicted, before any justice of peace, shall forfeit and pay fifteen shillings, or one hundred and fifty pounds of tobacco, for every such offence, to the informer, recoverable with costs, before such justice, or, on failure of present payment, shall receive on his, or her, bare back, twenty lashes, well laid on, by order of the justice, before whom such conviction shall be: And every slave, present at any unlawful meeting, shall be by the justice, ordered to receive any number of lashes, not exceeding thirty nine. | Punishment of persons present at unlawful meetings of laves. |
| XVI. And that every justice of peace within this colony, upon his own knowledge of such unlawful meeting, or information thereof to him made, within ten days after, shall forthwith issue his warrant, to apprehend the persons so met, or assembled, and cause them to be brought before himself, or any other justice of his county, to be dealt with as this act directs; and every justice failing herein, shall forfeit and pay fifty shillings, or five hundred pounds of tobacco, for every such failure; and every sheriff who shall fail, upon knowledge, or information of such meeting, to endeavour to suppress the same, and bring the offenders before some justice of peace, to receive due punishment, shall be liable to the like penalty of fifty shillings, or five hundred pounds of tobacco; both which penalties shall be to the informer, and recoverable with costs, by action of debt, in any county court; and every under sheriff, or constable, who, upon knowledge, or information of such meeting, shall fail to perform his duty in suppressing the same, and apprehending the persons so assembled, shall forfeit and pay two hundred pounds of tobacco for every such failure, to the informer, recoverable with costs, before any justice of the county wherein such failure shall be. | Duty of justices, sheriffs, and constables, in suppressing unlawful meetings. |
| XVII. And that if any slave shall presume to come, and be upon the plantation of any person whatsoever, without leave in writing, from his, or her owner, or overseer, not being sent upon lawful business, it shall be lawful for the owner, or overseer of such plantation, to give, or order, such slave ten lashes, on his, or her bare back, for every such offence. | Slaves going abroad, without leave, shall be whipped. |
| XVIII. And be it further enacted, by the authority aforesaid, That no slave shall go from the plantation, or seat of land whereon he, or she, is appointed to live, without a certificate of leave, in writing, from his, or her owner, or overseer, or by their express order: And that no negroe, mulattoe, or Indian whatsoever, shall keep, or carry any gun, powder, shot, club, or other weapon, whatsoever, offensive, or defensive, but all and every gun, weapon, and ammunition, found in the custody or possession of any negroe, mulattoe, or Indian, may be seized by any person, and upon due proof thereof made before any justice of peace, of the county where such seizure shall be, shall by his order, be forfeited to the seizor, for his own use; and moreover, every such offender shall have, and receive, by | Arms and ammunition, in custody of a negroe, mulattoe, or Indian, may be seized, and the offender whipped. |
| order of such justice, any number of lashes, not exceeding thirty nine, on his, or her bare back, well laid on, for every such offence. | |
| XIX. Provided nevertheless, That every free negroe, mulattoe, or Indian, being a house keeper, may be permitted to keep one gun, powder, and shot: And all negroes, mulattoes, and Indians, bond or free, living at any frontier plantation, may be permitted to keep and use guns, powder, shot, and weapons, offensive, or defensive, by licence, from a justice of peace, of the county wherein such plantations lie, to be obtained upon the application of free negroes, mulattoes, or Indians, or of the owners of such as are slaves. | But free negroes, &c. and all such as live in the frontiers, may be licensed to keep arms. |
| XX. And be it further enacted, by the authority aforesaid, That if any negroe, mulattoe, or Indian, bond or free, shall at any time, lift his, or her hand, in opposition to any christian, not being a negroe, mulattoe, or Indian, he, or she so offending, shall for every such offence, proved by the oath of the party, before a justice of peace, of the county where such offence shall be committed, receive thirty lashes, on his, or her bare back, well laid on, by order of such justice. | Negroe, mulattoe, or Indian, lifting his hand against a christian white person, shall have thirty lashes. |
| XXI. And whereas many times slaves run away, and lie out hid, and lurking in swamps, woods, and other obscure places, killing hogs, and committing other injuries, to the inhabitants of this colony, Be it further enacted, by the authority aforesaid, That in all such cases, upon intelligence given of any slave's lying out, as aforesaid, any two justices of the peace, one being of the quorum, of the county wherein such slave is supposed to lurk, or do mischief, shall be, and are impowered and required, to issue proclamation against all such slaves, reciting their names, and owners names, if known, and thereby requiring them, and every of them forthwith to surrender themselves; and also impowering the sheriff of the said county, to take such power with him, as he shall think fit, and necessary, for the effectual apprehending such out-lying slave, or slaves, and go in search of them: Which proclamation shall be published on two sabbath days, at the door of every church in the said county, by the clerk, or reader, immediately after divine service; and in case any slave, against whom proclamation hath been thus issued, and twice published at any church, as aforesaid, stay out, and do not immediately return home, it shall be lawful for any | Process against out-lying slaves. |
| person, or persons whatsoever, to kill and destroy such slaves, by any ways or means, without accusation, or impeachment of any crime for the same. | |
| XXII. And that if any slave shall happen to be killed, in execution such proclamation, as aforesaid, or in dispersing unlawful assemblies, pursuit of rebels, or conspirators, or seizing the arms, or ammunition, of such as by this act are prohibited to keep the same, the court of the county where such slave shall be so killed, upon application of the owner, and due proof before them made, shall value the slave so killed, and certify such valuation to the next session of Assembly, that a suitable allowance may be made to the owner. | Slaves killed in executing this act, shall be valued and paid for by the public. |
| XXIII. And that where any slave shall happen to die, by reason of any stroke, or blow given, during his, or her correction, by his, or her owner, or by reason of any accidental blow whatsoever, given by such owner, no person concerned in such correction, or accidental homocide, shall be liable to any prosecution, or punishment for the same, unless upon examination before the county court, it shall be proved, by the oath of at least one lawful and credible witness, that such slave was killed wilfully, maliciously, or designedly; and no person indicted for the murder of a slave, and upon trial found guilty of manslaughter only, shall incur any forfeiture, or punishment, for such offence, or misfortune. | Homicide of slaves, where it's not wilful or malicious, dispunishable. |
| XXIV. And that where any slave shall be notoriously guilty of going abroad in the night, or running away, and laying out, and cannot be reclaimed from such disorderly courses, by the common methods of punishment, it shall be lawful for the county court, upon complaint, and proof thereof to them made, by the owner of such slave, to order and direct such punishment, by dismembering, or any other way, not touching life, as such court shall think fit: And if such slave shall die by means of such dismembering, no forfeiture, or punishment, shall be thereby incurred. | Incorrigable slaves may be punished by dismembering, or otherwise, not touching life. |
| XXV. Provided always, That nothing herein before contained shall be construed to bar the action of any person whose slave, or slaves, shall be killed, by any other person, or persons whatsoever, or shall die through the negligence of any surgeon, or other person, undertaking the dismembering, or cure of any slave, so punished by order of court; but every owner shall and may have the same remedy, for the death, | But the owner of slaves killed by any other person, or dying through negligence of his surgeon, |
| and loss of his, or her slave, or slaves, as he, or she, might have had if this act had never been made. | may have legal remedy. |
| XXVI. And be it further enacted, by the authority aforesaid, That no negroe, mulattoe, or Indian slave, shall be set free upon any pretence whatsoever, except for some meritorious services, to be adjudged and allowed by the governor, and council, for the time being, and a licence thereupon first had, and obtained; and if any slave shall be otherwise set free, it shall be lawful for the churchwardens of the parish, wherein he, or she, shall reside the space of one month, next after his, or her, being so freed, and they are hereby authorised and required to take up, and sell him, or her, as a slave, by public auction, at the next court held for that county, and to apply the monies, arising by such sale, to the use of their parish, towards lessening the levy thereof. | Slaves freed without legal licence, may be sold by the churchwardens. |
| XXVII. And be it further enacted, by the authority aforesaid, That all and every other act and acts, clause and clauses, heretofore made, for or concerning any matter or thing within the purview of this act, shall be, and are hereby repealed. | Repealing clause. |
| XXVIII. And be it further enacted, by the authority aforesaid, That this act shall commence and be in force, from and immediately after the tenth day of June, which shall be in the year of our Lord, one thousand seven hundred and fifty-one. | Commencement of this act. |
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