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Proceedings and Acts of the General Assembly, September, 1704-April, 1706
Volume 26, Page 260   View pdf image (33K)
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260 Assembly Proceedings, Sept. 5-Oct. 3, 1704.

Lib. L. L,
No. 64.

. as aforesaid in the time of her servitude as aforesaid and after
such Satisfaction made shall again become a Servant for and
during the term of Seven years aforesaid and if such begetter
of such Child as aforesaid be a free Negro he shall become a
servant for and during the term of Seven years aforesaid to be
adjudged by the Justices of the County Court where such ffact
is comitted according to this law in the Clause made and pro-
vided against such Servants as have bastards And the Issues
or Children of such unnaturall and inordinate Copulations
shall be Servants until they arrive at the Age of thirty one
years and any white Man that shall begett any Negro woman
with Child whether ffree woman or Servant shall undergo the
same penaltys as white women all which times of Servitude by
this Act imposed upon the persons having so offended to be
disposed of or imployed as the Justices of such County shall
think fitt the produce whereof shall be Appropriated towards
the relief of the poor.

p. 48

And be it further Enacted by the Authority aforesaid that
any Servt Woman having a bastard Child and not able Suf-
ficiently to prove the party chargd to be the begetter of such
Child in every such Case the mother of such Child shall
be only lyable to Satisfy the damage so sustain'd by ser-
vitude or otherwise as the Court before whom such Mat-
ter is brought shall see Convenient; provided that where
the Mother of any such Child as aforesaid do prove her
Charge by Sufficient Testimony of Witnesses confession of
the party Charged or pregnant Circumstances agreeing with
her Declaration in her extremity of her pains or throws of
travell and her oath taken by some Magistrate before the
time of her delivery of every such bastard Child or after her
delivery then the party Charg'd if a Servant shall satisfy half
the said Damage If a freeman shall Satisfy the whole Dam-
age by Servitude or otherwise as the Court before whom such
Matter is brought as aforesaid shall think fitt And if any such
Mother as aforesaid be able to prove by such Testimony or
confession of the party Charged that he being a Single per-
son and a ffreeman did before the begetting of such Child
promise her Marriage that then he shall be at his Choice
either to perform his promise to her or recompence her abuse
according as the Court before whom such Matter is brought
shall adjudge —
And be it further enacted by the Authority Advice and Con-
sent aforesaid that after the end of this Sessions of Assembly
It shall and may be lawfull for the Provincial and County
Courts of this Province to hear and determine any Complaints
between Masters and Servants by way of petition to give
Judgment and award execution for the same and that upon
appeale or Writt of Error brought upon the same from any



 
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Proceedings and Acts of the General Assembly, September, 1704-April, 1706
Volume 26, Page 260   View pdf image (33K)
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