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10th GEO. I.

No. 175.

A. D. 1723.

more

the Value of

go, Half to

the same, or any Part thereof, shall be utterly void, and of none Effect; and that the Person or Persons, so winning the said Monies Winner_on or other Things, shall forfeit and lose treble the Value of all such Credit of mo Sum and Sums of Money, or other valuable Thing or Things, which forfeit treble he shall so win, gain, obtain, or acquire, above the said Sum of seven Excess. Pounds lawful Money of the said Island of Antigua; the one Moiety Forfeitures to thereof to our Sovereign Lord the King, His Heirs, and Successors, Treasury toto be paid into the Publick Treasury of this Island, to be imployed wards Fortifitowards the building and repairing the Forts and Fortifications of Half to Loser: the same, and the other Moiety thereof to the Person or Persons if Loser progrieved or losing the same, so as every such Loser and Person grieved Months. in that Behalf do prosecute and sue for the same, within six Kalendar Months next after such Play; and, in Default of such Prosecution, any Prosecu the same other Moiety to such Persons as shall or will prosecute for tor in a Year the same within one Year next after the said six Months expired.

cations; and

secute in six

otherwise to

after six Months ex

pired.

recoverable by

recover treble

on Security

may give Act

V. And be it, and it is hereby also further enacted by the Authority Forfeitures aforesaid, That all and every Forfeitures given by this Act, shall Action or In. and may be sued for or prosecuted, and recovered by Action, Suit, formation. Bill, Plaint, or Information in the Courts of King's Bench and Common Pleas, or Court of Exchequer, held for this Island, or before Justices of Oyer and Terminer, or Justices of Peace in their Sessions in this Island, and the Informer or Prosecutor shall in every Action, Suit, Bill, Plaint, or Information, recover treble Costs of Prosecutor to Suit against the Person offending and forfeiting in any the Cases Costs. aforesaid; and also that in any Action, Prosecution, or Suit what- Persons sued soever, to be brought against any Person or Persons whatsoever, upon for more than any Judgment, Statute, Recognizance, Mortgage, Conveyance, 7. lost at Play Assurance, Bond, Bill, Specialty, Promise, Covenant, Agreement, in Evidence; or other Act, or Deed, or Security whatsoever, to be obtained, made, given, acknowledged, or entered into, for Security or Satisfaction of or for any Monies or other valuable Things, to be lost on Credit, Ticket, or otherwise, as aforesaid, exceeding the said Sum of seven Pounds lawful Money of Antigua, contrary to the Meaning of this Act, the Person or Persons, so prosecuted or sued, shall and may and plead Ge plead the General Issue, and give this Act in Evidence, and the same shall be allowed in all Courts whatsoever within this Island, and Judges, Justices, and Juries are to take Notice thereof accordingly; and if a Verdict go against the Plaintiff or Plaintiffs (not Plaintiff nonbeing Executors or Administrators) or he or they be nonsuit, or discontinue the Action, Suit, or Prosecution, he or they shall pay Costs. VOL. I.

Ff

treble

neral Issue.

suited, &c. to

pay treble

10th GEO. I.

Nis. 175, 176.

A.D. 1723. Acta General treble Costs; and this Act shall be deemed and taken, and is hereby declared to be a General Act.

Act.

Dated at the Town of St. John's this second Day of December, in the Year of our Lord God one thousand seven hundred and twentythree, and in the tenth Year of the Reign of our Sovereign Lord GEORGE, of Great Britain, France, and Ireland, King, Defender of the Faith, &c.

ay}

Past the Asssembly the 2d Dayl
of December, 1723.

HENRY WARNER,

Clerk of the Assembly.

Past the Council the 2d Day
of December, 1723.
WAVEL SMITH,
Secretary, &c.

ASHTON WARNER, Speaker.

JOHN HART.

EXPLAINED

No. 176. An Act for attainting several Slaves now run away from their Master's Service, and for the better Government of Slaves.

by Acts of 9th

Aug. 1725,

(No. 183,)

and S1st Aug. 1730, (No. 186.)

AMENDED by

Act of 30th
Nov. 1778,
(No. 390.)
REPEALED

IN PART by
Act of 28th
Dec. 1797,
(No. 522.)

See also No.

130, No. 527,

WHEREAS it has been found by Experience that the Laws now in Force for the better Government of Negroes and Slaves, and for punishing such as do withdraw from the Service of their Masters, have proved too mild and gentle to curb and restrain them, and that they have so abused the Lenity of the Laws, that great Numbers of them have deserted the Service of their Masters, and fled to the Mountains and Rocky Parts of this Island, and have armed and assembled themselves in Bands to oppose their Masters, and any and Act of that come in pursuit of them; and, in the Night-time, when they cannot be easily discovered or taken, do frequently commit divers Thefts and Robberies in the Plantations of this Island, to the insupportable Wrong and Damage of many of His Majesty's good Subjects: And whereas they are daily inticing other Negroes to resort to and join with them, and it is much to be apprehended their Numbers will greatly increase, without the Aid of some Law to give extraordinary Encouragement for the taking their Chiefs or Ringleaders, and inflicting condign Punishment upon such as shall be taken :

the Leeward

Islands, No. 36,

10th GEO. I.

No. 176.

A. D. 1723.

taken: And whereas it is notorious that Sharper, a Negro Man, belonging to the Honourable Colonel Valentine Morris, and a Negro Man, called Africa, belonging to Mr. Henry Lyons, and one Negro Man, called Papa Will, belonging to Colonel John Gunthorpe, and also one other Negro Man, called Frank, belonging to Mr. Francis Carlile, have for a long Time past headed several armed fugitive Slaves, and do all that in them lies to intice other Negroes to desert their Master's Service, and join with them, and have themselves committed, and been the Occasion of committing, many flagrant Thefts and Felonies:

Slaves attaint.

II. We therefore Your Majesty's most dutiful, loyal, and obedient Subjects, the Governor in Chief of all Your Majesty's Leeward Caribbee Islands in America, and the Council and Assembly of this Your Majesty's Island of Antigua, humbly pray Your Sacred Majesty that it may be enacted and ordained, and be it, and it is hereby enacted by the Authority aforesaid, That the said Sharper, Particular belonging to the Honourable Colonel Valentine Morris, and the said ed of Felony. Africa, belonging to Mr. Henry Lyons, and the said Negro Man, called This Clause, having been Papa Will, belonging to Colonel John Gunthorpe, and also the said framed for a Negro Man, called Frank, belonging to Mr. Francis Carlile, and every temporary Efof them, be convicted and attainted of Felony, and they and every of them "lete. are hereby convicted and attainted of Felony, and shall suffer Pains of Death, by Virtue of a Warrant from any two Justices of the Peace of this Island, to the Provost Marshal or his Deputy, provided the said Sharper, belonging to the Honourable Colonel Valentine Morris, and the said Negro Man, belonging to Mr. Henry Lyons, called Africa, and the said Negro Man, called Papa Will, belonging to Colonel John Gunthorpe, and also the said Negro Man, called Frank, belonging to Mr. Francis Carlile, do not return to their respective Duties within thirty Days after the Publication of this Act.

taking or kill

This Clause,

temporary Ef

III. And for the encouraging the speedy taking the said Sharper, be- Rewards for longing to the Honourable Colonel Valentine Morris, and the said Negro ing particular Man, belonging to Mr. Henry Lyons, called Africa, and the said Negro Slaves.' Man, called Papa Will, belonging to Colonel John Gunthorpe, and the having been said Negro Man, called Frank, belonging to Mr. Francis Carlile, it is framed for hereby further enacted by the Authority aforesaid, That if any Person or fect, is obso Persons, Free or Slaves, shall apprehend and take the said Sharper, be- lete. longing to the Honourable Colonel Valentine Morris, and the said Negro Man, belonging to Mr. Henry Lyons, called Africa, and the said Negro Man, called Papa Will, belonging to Colonel John Gunthorpe, and the said Negro Man, called Frank, belonging to Mr. Francis Carlile, or Ff2

any

Slaves having been a Year

on Island, absconding from

Master three

Months toge

ther, or six Months in two Years, de

Slave absent at passing of

having been framed for a temporary Ef fect, is obsolete.

No. 176.

10th GEO. I.
A.D. 1723.
any of them, after the Expiration of the said thirty Days, and shall deliver
their, or either of their Bodies, alive into the Custody of the Provost
Marshal of this Island, or his lawful Deputy, or Gaol Keeper, or shall
bring sufficient Proof that the said Person or Persons have, in pursuit of
the same Negroes, or either of them, killed them, or either of them, such
Person or Persons shall, for each of the said Negroes hereby attainted, and
so taken or killed, receive, from the Treasurer of this Island for the Time
being, twenty Pounds Current Money of this Island; and the Treasurer
for the Time being, and his lawful Deputy, are hereby impowered and re-
quired to pay the same, upon a Certificate thereof from the said Provost
Marshal, or his lawful Deputy, attested by any one Justice of the Peace
for this Istand, and an Order thereupon, signed by the Chief Commander
being upon this Island.

IV. And be it enacted by the Authority aforesaid, That if any Slave who hath been upon, or shall hereafter be upon this Island for the Space of one Year, shall absent or withdraw, or, being now runaway, absent, or withdrawn from his or her Master's, Owner's, or Renter's Service, shall continue so absent and withdrawn for the Space of three Months from the Day of the Publication of this Act, or from the Time such Slave shall first absent, withdraw, or run away hereafter (the Months to be computed at twenty-eight Days each) or if any Slave or Slaves having been, or that shall be on this Island for the Space of one Year, shall hereafter withdraw, absent, or run away from his Master's Service, at several Times within the Space of two Years, amounting in all to six Months, to be computed as aforesaid, all and every such Slave or Slaves shall be, and are hereby adjudged and declared to be guilty of Felony, and shall suffer Death as Felons.

V. Provided always nevertheless, That if any Slave or Slaves now Act condition- absent, withdrawn, or runaway (except only those hereby expressly atally pardoned. tainted and convicted of Felony by Name, and not returning within thirty This Clause, Days from the Date hereof; and also except Jack a Negro Man, belonging to Giles Blizard an Infant, and Mimba a Negro Woman, belonging to Mary Blizard Widow, for the Crime of attempting to poison the same Infant) shall return and surrender him, her, or themselves to his, her, or their Master or Owner within three Months next ensuing the Day of the Publication of this Act, such Slave, so returning and surrendering, is and are hereby pardoned and acquitted of and from all Crime and Crimes (Murder only excepted) by him or them heretofore committed, or which shall be committed before Notice of this Act by him, her, or them had.

10th GEO. I.

No. 176.

A. D. 1723.

VI. And whereas Negroes sometimes upon slight or no Occasions run away and absent themselves in Gangs from the Service of their Masters, Mistresses, or Renters, to the ruining and impoverishing of them, and to the Terror and Danger of His Majesty's good Subjects, Inhabitants of this Island; be it therefore enacted, and it is hereby enacted by the Authority aforesaid, That if any Negroes, being of the Age of sixteen Years, and upwards, shall hereafter absent or run away in any Number or Gang, amounting to ten in Number, or upwards, from any one Plantation to which such Slaves shall belong, and shall continue runaway or absent from their Service, as aforesaid, for ten Days or more, then one of the said Negroes, such as the [Justices] shall think the greatest Offender, shall suffer Death as a Felon.

VII. And whereas Complaints are frequently heard, that the Magistrates of this Island refuse or neglect, on Application made, to sit, hear, and determine Cases of Negroes, charged with Runningaway for such Space of Time as amounts to a Felony, or with any other Felonies, by which Means the Laws are rendered ineffectual, and Negroes and Slaves grow more insolent and ungovernable; be it therefore hereby enacted by the Authority aforesaid, That if any Justice of the Peace in this Island shall hereafter refuse or neglect, upon Application to him made, immediately to take and use proper Measures for the TRIAL of any Slave or Slaves, and EFFECTUALLY TO FINISH SUCH TRIAL in ten Days after required, for any Felony committed by or charged upon any Slave whatsoever, either by running or absenting from his Master's Service, or otherwise, or of any other Crime of lower Nature charged on any Negro or Slave whatsoever, such Justice shall forfeit twenty Pounds lawful Money of this Island, to be recovered by Action, Bill, Plaint, or Information in any of the Courts of Record within this Island, or by Indictment or Information before Justices of Oyer and Terminer, and Gaol Delivery, or Justices of Peace at their Sessions; one Moiety to the Prosecutor or Informer, and the other Moiety to the Use of His Majesty, His Heirs, and Successors, to be paid into the Publick Treasury of this Island, towards carrying on the Fortifications thereof; and the Party prosecuting shall recover his full Cost of Suit; and in such Action, Bill, Plaint, or Information, no Essoign, Protection, or Wager of Law, shall be allowed.

VIII. And be it enacted by the Authority aforesaid, That if any Person or Persons, either Free or Slave, shall kill in pursuit, or take and apprehend alive (provided such killing or taking be not

within

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