Penalty on justice fail

ing.

Power of

offence committed, shall forthwith issue his warrant to apprehend all such persons, who so met or assembled, and cause such offenders to be brought before him, or some other justice of the peace of the said county:And that every such justice, who shall fail in his duty herein, shall forfeit and pay the sum of fifty shillings, or five hundred pounds of tobacco, for every such offence.

XII. And be it further enacted, by the authority asheriffs, con- foresaid, That every sheriff, under-sheriff, or constastables, &c. ble, who, upon his or their own knowledge, or upon to suppress information thereof to him or them made, of any such

unlawful meetings.

Penalty for

failing.

Punishment

of slaves coming to a plantation without leave.

unlawful meetings, as aforesaid, shall fail forthwith to endeavour to suppress and disperse the same, and to carry the offenders before some justice of the peace, in order for the said offenders to receive due punishment, the sheriff, for every offence by him committed, shall forfeit and pay the sum of fifty shillings, or five hundred pounds of tobacco: Both which several fines, of fifty shillings, or five hundred pounds of tobacco, herein before-mentioned, shall be to the informer; and may be recovered, with costs, in any court or courts of record within this colony and dominion, by action of debt, bill, plaint or information, wherein no essoin, protection, or wager of law, shall be allowed, or any more than one imparlance. And the under sheriff, or constable, failing to perform his or their duty herein, for every offence by him or them committed, shall forfeit and pay twenty shillings, or two hundred pounds of tobacco, to the informer: To be recovered, with costs, before any justice of the peace of the county where such offence shall be committed.

XIII. And be it further enacted, by the authority aforesaid,, That if any negro, mulatto, or Indian slave, shall at any time hereafter presume to come and be upon the plantation of any person or persons whatsoever, without the leave or consent, in writing, of his or her master, owner, or overséer, and without the consent and approbation of the owner or overseer of such plantation, it shall and may be lawful to and for the master, owner, or overseer of any such plantation or quarter, to correct and give such slave or slaves ten lashes, well laid on, on his or her bare back, for every such offence.

XIV. And be it further enacted, by the authority a- Guns, ammu, foresaid, That no negro, mulatto, or Indian whatsoe- nition, &e. found in posver; (except as is hereafter excepted,) shall hereafter session of nepresume to keep, or carry any gun, powder, shot, or groes, may any club, or other weapon whatsoever, offensive or de- be seized, & the negro fensive; but that every gun, and all powder and shot, whipped. and every such club or weapon. as aforesaid, found or taken in the hands, custody, or possession of any such negro, mulatto, or Indian, shall be taken away; and upon due proof thereof made, before any justice of the peace of the county where such offence shall be committed, be forfeited to the seisor and informer, and moreover, every such negro, mulatto, or Indian, in whose hands, custody, or possession, the same shall be found, shall, by order of the said justice, have and receive any number of lashes, not exceeding thirtynine, well laid on, on his or her bare back, for every such offence.

Free ne

XV, Provided nevertheless, That every free negro, mullatto, or indian, being a house-keeper, or listed in groes,housekeepers may the militia, may be permitted to keep one gun, powder, carry arms. and shot; and that those who are not house-keepers, nor listed in the militia aforesaid, who are now possessed of any gun, powder, shot, or any weapon, offensive or defensive, may sell and dispose thereof, at any time before the last day of October next ensuing. And that all negros, mullattos, or indians, bond or Negroes may free, living at any frontier plantation, be permitted to dispose of keep and use guns, powder, and shot, or other wea- arms now in pons, offensive or defensive; having first obtained a their posseslicence for the same, from some justice of the peace of sion. And may be the county wherein such plantations lic; the said li- licensed, to cence to be had and obtained, upon the application of keep them such free negros, mullattos, or indians, or of the own- at frontier plantations. er or owners of such as are slaves; any thing herein contained to the contrary thereof, in any wise, notwithstanding.

in execution

XVI. And be it further enacted, by the authority a- Slaves killed foresaid, That if in the dispersing of any unlawful as- of this act, to semblies, pursuit of rebels or conspirators, or seizing be paid for the arms and ammunition of such as are prohibited by by the pubthis act, to keep the same, any slave shall happen to be killed or destroied, the court of the county where such slave shall be killed, upon application of the owner of such slave, and due proof thercof made, shall put

lic.

How slaves may be e

a valuation in money, upon such slave so killed, and certify such valuation to the next session of assembly, that the said assembly may be enabled to make a suitable allowance thereupon to the master or owner of such slave,

XVII. And be it further enacted, by the authority aforesaid, That no negro, mullatto, or indian slaves, mancipated. 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 that, where any slave shall be set free by his master or owner, otherwise than is herein before directed, it shall and may be lawful for the churchwardens of the parish, wherein such negro, mullatto, or indian, shall reside for the space of one month, next after his or her being set free, and they are hereby authorized and required, to take up, and sell the said negro, mullatto, or indian, as slaves, at the next court held for the said county, by public outcry; and that the monies arising by such sale, shall be applied to the use of the said parish, by the vestry thereof.

Dismember

when allow

ed.

XVIII. And forasmuch, as the act passed in the ing slaves, fourth year of the reign of her late Majesty Queen Anne, intituled, An act concerning servants and slaves, whereby power is given to the county court, to order the dismembring of incorrigible runaways and other slaves, hath not had the intended effect, by reason of some misconstructions of the powers thereby granted, Be it enacted, That where any slaves shall hereafter be found notoriously guilty of going abroad in the night, or running away, and lying out, and cannot be reclaimed from such disorderly courses, by the common methods of punishment, it shall and may be lawful, to and for the court of the county, upon complaint and proof thereof to them made, by the owner of such slave, to order and direct every such slave to be punished, by dismembring, or any other way, not touching life, as the said county court shall think fit.

Slave dying, under cor

XIX. And, for preventing all doubts which may arise, upon the construction of this, or any other act of rection, the assembly of this colony, touching the death of slaves empted from under correction, or lawful punishment, Be it enacted, punishment. by the authority aforesaid, That if any slave shail hap

owner ex

pen to die by means of such dismembring, by order of the county court, or for or by reason of any stroke or

blow given, during his or her correction; by his or her owner, for any offence by such slave committed, or for or by reason of any accidental blow whatsoever, given by such owner; no person concerned in such dismembring correction, or accidental homicide, shall undergo any prosecution or punishment for the same; unless upon examination before the county court, it shall be proved, by the oath of one lawful and credible witness, at the least, that such slave was killed wilfully, maliciously, or designedly; neither shall any person what- Manslaught soever, who shall be indicted for the murder of any er of a slave slave, and upon trial, shall be found guilty only of not punishamanslaughter, incur any forfeiture or punishment for such offence or misfortune.

ble.

XX. Provided always, That nothing herein contain- But, only to ed, shall be construed, deemed, or taken, to defeat or extend to barr the action of any person or persons, whose slave owners. or slaves shall happen to be killed by any other person whatsoever, or whose slaves shall happen to die thro' the negligence of any surgeon, or other person, undertaking the dismembring or cure of such slave, liable to such punishment by this act: But that all and every owner or owners of such slave or slaves, shall and may bring his or her action, for recovery of damages for such slave or slaves so killed or dying, as if this act had never been made.

tithables.

XXI. And be it further enacted, by the authority a- What free foresaid, That all free negros, mullattos, or indians, negroes, &c. (except tributary indians to this government) male and female, above the age of sixteen years, and all wives of such negros, mullattos, or indians, (except before excepted) shall be deemed and accounted tithables; any law, custom, or usage, to the contrary, in any wise, notwithstanding.

XXII. And be it further enacted, by the authority a- Children of foresaid, That where any female mullatto, or indian, female muby law obliged to serve 'till the age of thirty or thirty- latto or inone years, shall during the time of her servitude, have dian, born in servitude, any child born of her body, every such child shall serve how long to the master or mistress of such mullatto or indian, un- serve. til it shall attain the same age the mother of such child was obliged by law to serve unto.

XXIII. And be it further enacted, by the authority Free negros, aforesaid, and it is creby enacted and declared, That &c. not to no free negro, mullatto, or indian whatsoever, shall vote.

How this act

to be read and published.

Penalty for failure.

Repealing clause.

hereafter have any vote at the election of burgesses, or any other election whatsoever.

XXIV. And be it further enacted, That the churchwardens of each parish, within this his Majesty's colony and dominion, at the charge of their parish, shall provide a true copy of this act, and cause entry thereof to be made in the register book of each parish; and shall, on some Sunday in the months of April and October, yearly, after divine service ended, at the door of every church and chapel in their parish, publicly read the same. And the sheriff of each county shall, at the court held for the county, in the months of June or July, yearly, publish this act, at the door of the courthouse of the said county. And every churchwarden and sheriff making default herein, shall, for each time so offending, forfeit and pay five hundred pounds of tobacco, to the informer: To be recovered, with costs, by action of debt, in any court or courts of record within this colony and dominion. And the minister or reader making default herein, shall, for each time so offending, forfeit and pay two hundred pounds of tobacco, to the informer: To be recovered, with costs, before any justice of the peace of the county wherein such default shall happen.

XXV. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That the act of assembly, made in the fourth year of the reign of our late sovereign lady Queen Anne, intituled, An act for the speedy and easy prosecution of Slaves committing capital crimes, be from henceforth repealed and made void, to all intents, constructions, and purposes.

CHAP. V.

An Act for the better and more effectual improving the staple of Tobacco.

CHAP. VI.

An Act for the better securing the paiment of levies; and restraint of vagrant and idle people; and for the more effectual discovery and prosecution of persons having bastard children.